Bill Text: IL SB0147 | 2019-2020 | 101st General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Child Labor Law. Provides that, before a child may be issued a permit to work as a child performer, a trust account must be established providing, at a minimum, that: at least 15% (or a greater percentage as determined by rule) of the gross earnings of the child performer shall be deposited into the account; the funds in the account shall be available only to the child performer; the funds shall be held by a bank, corporate fiduciary, or trust company, as those terms are defined in the Corporate Fiduciary Act; and the funds in the account shall become available to the child performer upon the child performer attaining the age of 16 years. Provides that the new provisions do not apply to an employer of a child performer employed to perform services as an extra, services as a background performer, or services in a similar capacity. Provides that the Department of Labor shall adopt rules to implement the provisions.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2019-08-23 - Public Act . . . . . . . . . 101-0526 [SB0147 Detail]

Download: Illinois-2019-SB0147-Engrossed.html

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AN ACT concerning employment.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Child Labor Law is amended by adding Section
12.5 as follows:
(820 ILCS 205/12.5 new)
Sec. 12.5. Child performers; trust fund.
(a) In this Section:
"Artistic or creative services" includes, but is not
limited to, services as: an actor, actress, dancer, musician,
comedian, singer, stunt person, voice-over artist, runway or
print model, other performer or entertainer, songwriter,
musical producer, arranger, writer, director, producer,
production executive, choreographer, composer, conductor, or
designer.
"Child performer" means an unemancipated person under the
age of 16 who is employed in this State and who agrees to
render artistic or creative services.
(b) In addition to the requirements of Section 12, the
person authorized to issue employment certificates must
determine that a trust account, established by the child
performer's parent or guardian, that meets the requirements of
subsection (c) has been established designating the minor as

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the beneficiary of the trust account before an employment
certificate for work as a child performer may be issued for a
minor under the age of 16 years. The Department of Labor shall,
however, authorize the issuance of a temporary employment
certificate having a duration of not more than 15 days without
the establishment of a trust fund to permit a minor to provide
artistic or creative services.
(c) A trust account subject to this Section must provide,
at a minimum, the following:
(1) that at least 15%, or greater amount as determined
by rule, of the gross earnings of the child performer shall
be deposited into the account;
(2) that the funds in the account shall be available
only to the child performer;
(3) that the account shall be held by a bank, corporate
fiduciary, or trust company, as those terms are defined in
the Corporate Fiduciary Act;
(4) that the funds in the account shall become
available to the child performer upon the child performer
attaining the age of 18 years or until the child performer
is declared emancipated; and
(5) that the account meets the requirements of the
Illinois Uniform Transfers to Minors Act.
(d) The parent or guardian of the child performer shall
provide the employer with the information necessary to transfer
moneys into the trust account. Once the child performer's

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employer deposits the money into the trust account, the child
performer's employer shall have no further obligation or duty
to monitor or account for the money. The trustee or trustees of
the trust shall be the only individual, individuals, entity, or
entities with the obligation or duty to monitor and account for
money once it has been deposited by the child performer's
employer.
(e) If the parent or guardian of the child performer fails
to provide the employer with the information necessary to
transfer funds into the trust account within 30 days of a
temporary employment certificate having expired, the funds
that were to be transferred to the trust account shall be
transferred to the Office of the State Treasurer in accordance
with Section 15-608 of the Revised Uniform Unclaimed Property
Act.
(f) This Section does not apply to an employer of a child
performer employed to perform services as an extra, services as
a background performer, or services in a similar capacity.
(g) The Department of Labor shall adopt rules to implement
this Section. The rules may specify that a percentage greater
than 15% of the child performer's gross earnings must be placed
into the trust account.