HB3425 101ST GENERAL ASSEMBLY

LRB101 09089 JLS 54182 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3425

Introduced , by Rep. Michelle Mussman

SYNOPSIS AS INTRODUCED:

820 ILCS 205/12.5 new

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 18 years. Provides that the Department of Labor shall adopt rules to implement these provisions.

A BILL FOR

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 a person under the age of 18 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 that meets the requirements of subsection (c) has been established designating the minor as 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 18 years.

(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.

(d) 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 income must be placed into the trust account.