HB5422 104TH GENERAL ASSEMBLY

LRB104 19041 HLH 32486 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5422

Introduced 2/13/2026, by Rep. Kimberly Du Buclet

SYNOPSIS AS INTRODUCED:

New Act
30 ILCS 105/5.1038 new

Creates the Illinois Creative Workforce Development Act. Establishes a program within the Department of Commerce and Economic Opportunity to provide skills training, business development, financial literacy, contract education, and career transition support for independent and project-based creative workers. Includes a pilot program to test portable, worker-controlled benefits without reclassifying workers. Sets minimum compensation guidelines, timely payment requirements, and written contract standards for publicly funded creative work. Requires regional balance, targeted outreach to underrepresented communities, and data collection disaggregated by race, gender, and geography. Authorizes grants for cross-sector integration of creative skills into education, health, technology, and tourism. Creates the Illinois Creative Workforce Fund. Grants rulemaking authority. Makes a conforming change to the State Finance Act.

A BILL FOR

AN ACT concerning State government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Creative Workforce Development Act.

Section 5. Purpose. The General Assembly finds that Illinois' creative economy relies heavily on gig, freelance, and project-based laborers whose contributions are essential yet whose jobs are often precarious. It is the policy of the State to support the sustainability and mobility of creative workers through skills training, business development supports, financial and contract literacy, and between-project career transition services; to test portable, worker-controlled benefits without altering worker classification; to set baseline protections for publicly funded creative work; and to ensure equitable access across regions and underrepresented communities.

Section 10. Definitions. In this Act:

"Creative worker" means an individual who earns income primarily through independent, freelance, gig, or project-based work in one or more of the following fields: arts and culture; design; music; film and television; theater and live events; teaching artistry; digital media and content creation; creative technology; and related cultural work.

"Department" means the Department of Commerce and Economic Opportunity.

"Eligible worker" means a creative worker who is determined, by Department rule, to be eligible for the pilot program established under Section 45.

"Portable benefits" means benefits that are worker-controlled; that follow a worker across projects, employers, or engagements; and that are administered by an eligible sponsor or qualified portable benefit administrator. "Portable benefits" includes access pathways to health insurance, retirement savings options, paid leave pools, and workers' compensation coverage.

"Publicly funded creative work" means any creative services, performances, productions, or deliverables procured or sub-granted using State funds, including pass-through federal funds administered by the State.

"Underrepresented communities" includes, but is not limited to, communities historically marginalized by race or ethnicity, low-income communities, people with disabilities, LGBTQ+ communities, and geographically isolated rural areas.

Section 15. Establishment; administering Department.

(a) The Illinois Creative Workforce Development Program is established within the Department. Creative workers may apply for program services under Section 20 under procedures determined by the Department by rule.

(b) The Department shall design, administer, and coordinate services statewide and may enter into interagency agreements with other State agencies, the Department's Film Office, the Illinois Arts Council, or other relevant entities to implement this Act.

(c) The Department may contract with regional intermediaries, community colleges, workforce boards, and nonprofit organizations with demonstrated experience serving creative workers.

Section 20. Program services.

(a) The Department shall offer or fund training in digital tools, creative technologies, production workflows, management and entrepreneurship, compliance and safety, and project administration.

(b) Services may include coaching, access to markets and procurement, portfolio development, licensing and rights education, marketing, and revenue diversification.

(c) Services shall include budgeting, tax compliance for independent workers, contract drafting and review, negotiation skills, and risk management for project-based work.

(d) The Department shall provide navigation services, placement assistance, bridge programs, and supportive services to facilitate movement between projects or into adjacent high-demand fields.

Section 25. Baseline protections for publicly funded creative work.

(a) The Department shall, by rule, establish minimum compensation guidelines for publicly funded creative contracts that reflect fair market value, project scope, experience level, prevailing standards, and inclusive access.

(b) The Department shall, by rule, require:

(1) clear written contracts with defined scope of work, deliverables, timelines, ownership and rights, cancellation terms, and dispute resolution;

(2) standardized invoicing and payment practices to promote timely payment consistent with State fiscal controls; and

(3) disclosure of grant or contract terms in plain language.

(c) Publicly funded entities shall certify compliance as a condition of award or payment.

Section 30. Equity, outreach, and regional balance.

(a) The Department shall conduct targeted outreach to underrepresented communities and workers lacking access to traditional benefits.

(b) Program design and awards shall reflect geographic balance across Chicago, suburban, downstate, and rural regions, including deployment of regional intermediaries.

(c) The Department shall ensure accessibility of program materials, facilities, and communications and shall provide reasonable accommodations.

Section 35. Data collection; reporting; privacy.

(a) The Department shall collect program data, disaggregated, at a minimum, by race, ethnicity, gender, disability status, if voluntarily disclosed, and geography.

(b) Annually, the Department shall deliver a report to the General Assembly and post the report on the Department's website, summarizing participation, services delivered, outcomes, the adoption of compensation standards, payment timelines, and pilot program results.

(c) Personally identifiable information shall be protected and reported only in the aggregate.

Section 40. Cross-sector integration grants; alignment with pipelines and credentials.

(a) The Department may award grants or incentives to integrate creative skills into other high-demand fields through cross-sector partnerships, including:

(1) partnerships with teaching artists in education and after-school programs;

(2) partnerships with designers and storytellers in public health and community engagement;

(3) partnerships with digital creatives in technology and manufacturing; and

(4) partnerships with cultural workers in tourism and place-based development.

(b) Grants shall, if practicable, align with recognized credentials, registered apprenticeships, or established workforce pipelines, and they may support curriculum co-development, work-based learning, and employer engagement.

(c) Awards under this Section are subject to appropriation.

Section 45. Portable benefits pilot program; report.

(a) The Department shall establish a pilot program to test portable, worker-controlled benefits for eligible workers without reclassifying workers as employees. Eligible workers may apply for the pilot program under procedures determined by the Department by rule.

(b) Subject to appropriation and available matching funds, the pilot program may include:

(1) pathways to health insurance enrollment or subsidies;

(2) retirement savings vehicles with automated or optional contributions;

(3) pooled paid leave accounts usable across engagements; and

(4) mechanisms to access workers' compensation coverage for qualifying engagements where permissible under law.

(c) Benefits may be administered by qualified portable benefit administrators or licensed entities selected through a competitive process. The Department may set eligibility, portability, contribution, and governance standards by rule.

(d) Participation in the pilot program shall not be construed to create an employment relationship, joint employment, or agency between a worker and any contracting entity.

(e) The Department shall include pilot program outcomes, costs, worker satisfaction, and recommendations in the annual report under Section 35.

(f) This Section is repealed 5 years after the effective date of this Act.

Section 50. Procurement and grant compliance.

(a) The Department shall incorporate the protections in Section 25 into its procurement and grantmaking templates and guidance.

(b) The Department may condition awards on adoption of minimum compensation guidelines and timely-payment practices and may withhold or recoup funds for material noncompliance after providing notice and opportunity to cure.

Section 55. Rulemaking. The Department shall adopt rules to implement and administer this Act, including, without limitation, rules to establish pilot program operations, compensation guidelines, and grant procedures.

Section 60. Creative Workforce Fund. The Creative Workforce Fund is created as a special fund in the State treasury. Subject to appropriation, moneys in the Fund shall be used by the Department to carry out this Act, including training, grants, pilot program benefits, evaluation, and administration. The Fund may receive transfers, appropriations, gifts, grants, and awards from public or private sources.

Section 65. Construction. Nothing in this Act shall be construed to limit the rights of workers or to preempt any more protective local, State, or federal standards applicable to compensation, safety, discrimination, or accessibility.

Section 80. The State Finance Act is amended by adding Section 5.1038 as follows:

(30 ILCS 105/5.1038 new)

Sec. 5.1038. The Creative Workforce Fund.