Public Act 101-0526
 
SB0147 EnrolledLRB101 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 person authorized to issue 
employment certificates shall issue 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. No more than one temporary 
employment certificate may be issued for each child performer. 
The Department of Labor shall prescribe the form in which 
temporary employment certificates shall be issued and shall 
make the forms available on its website.
    (c) A trust account subject to this Section must provide, 
at a minimum, the following:
        (1) that at least 15% 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 after an 
employment certificate has been issued, 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 may adopt rules to implement 
this Section.