Illinois General Assembly - Full Text of SB0147
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Full Text of SB0147  101st General Assembly




SB0147 EnrolledLRB101 04848 TAE 49857 b

1    AN ACT concerning employment.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Child Labor Law is amended by adding Section
512.5 as follows:
6    (820 ILCS 205/12.5 new)
7    Sec. 12.5. Child performers; trust fund.
8    (a) In this Section:
9    "Artistic or creative services" includes, but is not
10limited to, services as: an actor, actress, dancer, musician,
11comedian, singer, stunt person, voice-over artist, runway or
12print model, other performer or entertainer, songwriter,
13musical producer, arranger, writer, director, producer,
14production executive, choreographer, composer, conductor, or
16    "Child performer" means an unemancipated person under the
17age of 16 who is employed in this State and who agrees to
18render artistic or creative services.
19    (b) In addition to the requirements of Section 12, the
20person authorized to issue employment certificates must
21determine that a trust account, established by the child
22performer's parent or guardian, that meets the requirements of
23subsection (c) has been established designating the minor as



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1the beneficiary of the trust account before an employment
2certificate for work as a child performer may be issued for a
3minor under the age of 16 years. The person authorized to issue
4employment certificates shall issue a temporary employment
5certificate having a duration of not more than 15 days without
6the establishment of a trust fund to permit a minor to provide
7artistic or creative services. No more than one temporary
8employment certificate may be issued for each child performer.
9The Department of Labor shall prescribe the form in which
10temporary employment certificates shall be issued and shall
11make the forms available on its website.
12    (c) A trust account subject to this Section must provide,
13at a minimum, the following:
14        (1) that at least 15% of the gross earnings of the
15    child performer shall be deposited into the account;
16        (2) that the funds in the account shall be available
17    only to the child performer;
18        (3) that the account shall be held by a bank, corporate
19    fiduciary, or trust company, as those terms are defined in
20    the Corporate Fiduciary Act;
21        (4) that the funds in the account shall become
22    available to the child performer upon the child performer
23    attaining the age of 18 years or until the child performer
24    is declared emancipated; and
25        (5) that the account meets the requirements of the
26    Illinois Uniform Transfers to Minors Act.



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1    (d) The parent or guardian of the child performer shall
2provide the employer with the information necessary to transfer
3moneys into the trust account. Once the child performer's
4employer deposits the money into the trust account, the child
5performer's employer shall have no further obligation or duty
6to monitor or account for the money. The trustee or trustees of
7the trust shall be the only individual, individuals, entity, or
8entities with the obligation or duty to monitor and account for
9money once it has been deposited by the child performer's
11    (e) If the parent or guardian of the child performer fails
12to provide the employer with the information necessary to
13transfer funds into the trust account within 30 days after an
14employment certificate has been issued, the funds that were to
15be transferred to the trust account shall be transferred to the
16Office of the State Treasurer in accordance with Section 15-608
17of the Revised Uniform Unclaimed Property Act.
18    (f) This Section does not apply to an employer of a child
19performer employed to perform services as an extra, services as
20a background performer, or services in a similar capacity.
21    (g) The Department of Labor may adopt rules to implement
22this Section.