CHILD PERFORMERS-TRUST ACCOUNT

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. Senate Floor Amendment No. 1 Provides that funds placed into a trust account for a child performer shall remain in the account until the child performer attains the age of 18, instead of 16, or until the child performer is declared emancipated. Requires trusts to meet the requirements of the Illinois Uniform Transfers to Minors Act. Provides that if a parent or guardian fails to provide to an employer information necessary to transfer funds into a trust account within 30 days after the expiration of a temporary employment certificate, the employer shall transfer the funds to the State treasurer in accordance with the Revised Uniform Unclaimed Property Act. House Committee Amendment No. 1 Provides that upon the failure of a parent or guardian to provide to an employer information necessary to transfer funds into a trust account within 30 days after an employment certificate has been issued (rather than within 30 days of a temporary employment certificate having expired), the employer shall transfer the funds to the State Treasurer in accordance with the Revised Uniform Unclaimed Property Act. House Floor Amendment No. 3 Provides that the Department of Labor shall prescribe the form of the temporary employment certificate and make it available on its website. Removes the authorization to increase by rule the amount of gross earnings that must be deposited into the trust account. Provides that the Department of Labor may, rather than shall, adopt rules relating to trust fund accounts.