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

SB0147 101ST GENERAL ASSEMBLY

  
  

 


 
101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB0147

 

Introduced 1/29/2019, by Sen. Don Harmon

 

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 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.


LRB101 04848 TAE 49857 b

 

 

A BILL FOR

 

SB0147LRB101 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
15designer.
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 Department of Labor shall,
4however, authorize the issuance of 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.
8    (c) A trust account subject to this Section must provide,
9at a minimum, the following:
10        (1) that at least 15%, or greater amount as determined
11    by rule, of the gross earnings of the child performer shall
12    be deposited into the account;
13        (2) that the funds in the account shall be available
14    only to the child performer;
15        (3) that the account shall be held by a bank, corporate
16    fiduciary, or trust company, as those terms are defined in
17    the Corporate Fiduciary Act;
18        (4) that the funds in the account shall become
19    available to the child performer upon the child performer
20    attaining the age of 16 years.
21    (d) The parent or guardian of the child performer shall
22provide the employer with the information necessary to transfer
23moneys into the trust account. Once the child performer's
24employer deposits the money into the trust account, the child
25performer's employer shall have no further obligation or duty
26to monitor or account for the money. The trustee or trustees of

 

 

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1the trust shall be the only individual, individuals, entity, or
2entities with the obligation or duty to monitor and account for
3money once it has been deposited by the child performer's
4employer.
5    (e) This Section does not apply to an employer of a child
6performer employed to perform services as an extra, services as
7a background performer, or services in a similar capacity.
8    (f) The Department of Labor shall adopt rules to implement
9this Section. The rules may specify that a percentage greater
10than 15% of the child performer's gross earnings must be placed
11into the trust account.