Full Text of SB0147 101st General Assembly
SB0147eng 101ST GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning employment.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Child Labor Law is amended by adding Section | 5 | | 12.5 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 | 10 | | limited to, services as: an actor, actress, dancer, musician, | 11 | | comedian, singer, stunt person, voice-over artist, runway or | 12 | | print model, other performer or entertainer, songwriter, | 13 | | musical producer, arranger, writer, director, producer, | 14 | | production executive, choreographer, composer, conductor, or | 15 | | designer. | 16 | | "Child performer" means an unemancipated person under the | 17 | | age of 16 who is employed in this State and who agrees to | 18 | | render artistic or creative services. | 19 | | (b) In addition to the requirements of Section 12, the | 20 | | person authorized to issue employment certificates must | 21 | | determine that a trust account, established by the child | 22 | | performer's parent or guardian, that meets the requirements of | 23 | | subsection (c) has been established designating the minor as |
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| 1 | | the beneficiary of the trust account before an employment | 2 | | certificate for work as a child performer may be issued for a | 3 | | minor under the age of 16 years. The Department of Labor shall, | 4 | | however, authorize the issuance of a temporary employment | 5 | | certificate having a duration of not more than 15 days without | 6 | | the establishment of a trust fund to permit a minor to provide | 7 | | artistic or creative services. | 8 | | (c) A trust account subject to this Section must provide, | 9 | | at 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 18 years or until the child performer | 21 | | is declared emancipated; and | 22 | | (5) that the account meets the requirements of the | 23 | | Illinois Uniform Transfers to Minors Act. | 24 | | (d) The parent or guardian of the child performer shall | 25 | | provide the employer with the information necessary to transfer | 26 | | moneys into the trust account. Once the child performer's |
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| 1 | | employer deposits the money into the trust account, the child | 2 | | performer's employer shall have no further obligation or duty | 3 | | to monitor or account for the money. The trustee or trustees of | 4 | | the trust shall be the only individual, individuals, entity, or | 5 | | entities with the obligation or duty to monitor and account for | 6 | | money once it has been deposited by the child performer's | 7 | | employer. | 8 | | (e) If the parent or guardian of the child performer fails | 9 | | to provide the employer with the information necessary to | 10 | | transfer funds into the trust account within 30 days of a | 11 | | temporary employment certificate having expired, the funds | 12 | | that were to be transferred to the trust account shall be | 13 | | transferred to the Office of the State Treasurer in accordance | 14 | | with Section 15-608 of the Revised Uniform Unclaimed Property | 15 | | Act. | 16 | | (f) This Section does not apply to an employer of a child | 17 | | performer employed to perform services as an extra, services as | 18 | | a background performer, or services in a similar capacity. | 19 | | (g) The Department of Labor shall adopt rules to implement | 20 | | this Section. The rules may specify that a percentage greater | 21 | | than 15% of the child performer's gross earnings must be placed | 22 | | into the trust account.
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