SB0147eng 101ST GENERAL ASSEMBLY

SB0147 Engrossed LRB101 04848 TAE 49857 b

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 an unemancipated person under the age of 16 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, established by the child performer's parent or guardian, 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 16 years. The Department of Labor shall, however, authorize the issuance of a temporary employment certificate having a duration of not more than 15 days without the establishment of a trust fund to permit a minor to provide artistic or creative services.

(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 or until the child performer is declared emancipated; and

(5) that the account meets the requirements of the Illinois Uniform Transfers to Minors Act.

(d) The parent or guardian of the child performer shall provide the employer with the information necessary to transfer moneys into the trust account. Once the child performer's employer deposits the money into the trust account, the child performer's employer shall have no further obligation or duty to monitor or account for the money. The trustee or trustees of the trust shall be the only individual, individuals, entity, or entities with the obligation or duty to monitor and account for money once it has been deposited by the child performer's employer.

(e) If the parent or guardian of the child performer fails to provide the employer with the information necessary to transfer funds into the trust account within 30 days of a temporary employment certificate having expired, the funds that were to be transferred to the trust account shall be transferred to the Office of the State Treasurer in accordance with Section 15-608 of the Revised Uniform Unclaimed Property Act.

(f) This Section does 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.

(g) 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 gross earnings must be placed into the trust account.