Illinois 101st Regular Session Status: Enacted 3 D cosponsors

SB 147 — CHILD PERFORMERS-TRUST ACCOUNT

Last action — Public Act . . . . . . . . . 101-0526

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 29, 2019. Enacted.

Prognosis

Likely to advance 76% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 3 sponsors

    0 primary, 3 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (3 D).

  • Cleared a recorded vote

    Passed 4 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

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.

Bill Text

What changed in the latest version

47 added · 47 removed

Plain-language change summary

The revised version of the bill SB 147 includes two main changes. First, it specifies that only one temporary employment certificate can be issued for each child performer, clarifying regulations around their employment. Second, it mandates that at least 15% of the child performer’s gross earnings must be deposited into a trust account that the child can access when they turn 18 or become emancipated, ensuring that their earnings are protected until they reach adulthood. These changes aim to provide better safeguarding for child performers and ensure they benefit from their earnings in the long term.

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Previous
Latest
SB0147 Engrossed LRB101 04848 TAE 49857 b AN ACT concerning employment.
SB0147 Enrolled LRB101 04848 TAE 49857 b AN ACT concerning employment.
(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 SB0147 Engrossed - 2 - LRB101 04848 TAE 49857 b 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.
(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 SB0147 Enrolled - 2 - LRB101 04848 TAE 49857 b 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.
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.
(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;
(1) that at least 15% of the gross earnings of the child performer shall be deposited into the account;
(d) The parent or guardian of the child performer shall provide the employer with the information necessary to transfer moneys into the trust account.
SB0147 Enrolled - 3 - LRB101 04848 TAE 49857 b (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 SB0147 Engrossed - 3 - LRB101 04848 TAE 49857 b 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.
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.
(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.
(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.
(g) The Department of Labor shall adopt rules to implement this Section.
(g) The Department of Labor may 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.
View plain text versions (3)

Action History

  1. Public Act . . . . . . . . . 101-0526

  2. Effective Date January 1, 2020

  3. Governor Approved

  4. Sent to the Governor

  5. Passed Both Houses

  6. Senate Concurs

  7. House Floor Amendment No. 3 Senate Concurs 059-000-000

  8. House Committee Amendment No. 1 Senate Concurs 059-000-000

  9. House Floor Amendment No. 3 Motion To Concur Recommended Do Adopt Judiciary; 009-000-000

  10. House Committee Amendment No. 1 Motion To Concur Recommended Do Adopt Judiciary; 009-000-000

  11. House Floor Amendment No. 3 Motion to Concur Assignments Referred to Judiciary

  12. House Committee Amendment No. 1 Motion to Concur Assignments Referred to Judiciary

  13. House Floor Amendment No. 3 Motion to Concur Referred to Assignments

  14. House Floor Amendment No. 3 Motion to Concur Filed with Secretary Sen. Don Harmon

  15. House Committee Amendment No. 1 Motion to Concur Referred to Assignments

  16. House Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. Don Harmon

  17. Placed on Calendar Order of Concurrence House Amendment(s) 1, 3 - May 29, 2019

  18. Secretary's Desk - Concurrence House Amendment(s) 1, 3

  19. House Floor Amendment No. 2 Tabled Pursuant to Rule 40

  20. Third Reading - Short Debate - Passed 107-010-000

  21. Placed on Calendar Order of 3rd Reading - Short Debate

  22. House Floor Amendment No. 3 Adopted

  23. Final Action Deadline Extended-9(b) May 31, 2019

  24. House Floor Amendment No. 3 Recommends Be Adopted Labor & Commerce Committee; 026-000-000

  25. House Floor Amendment No. 3 Rules Refers to Labor & Commerce Committee

  26. Added Alternate Chief Co-Sponsor Rep. Bob Morgan

  27. House Floor Amendment No. 3 Referred to Rules Committee

  28. House Floor Amendment No. 3 Filed with Clerk by Rep. Michelle Mussman

  29. House Floor Amendment No. 2 Referred to Rules Committee

  30. House Floor Amendment No. 2 Filed with Clerk by Rep. Michelle Mussman

  31. Held on Calendar Order of Second Reading - Short Debate

  32. Second Reading - Short Debate

  33. Placed on Calendar 2nd Reading - Short Debate

  34. Do Pass as Amended / Short Debate Labor & Commerce Committee; 024-000-000

  35. House Committee Amendment No. 1 Adopted in Labor & Commerce Committee; by Voice Vote

  36. House Committee Amendment No. 1 Rules Refers to Labor & Commerce Committee

  37. House Committee Amendment No. 1 Referred to Rules Committee

  38. House Committee Amendment No. 1 Filed with Clerk by Rep. Michelle Mussman

  39. Assigned to Labor & Commerce Committee

  40. Referred to Rules Committee

  41. First Reading

  42. Chief House Sponsor Rep. Michelle Mussman

  43. Arrived in House

  44. Third Reading - Passed; 057-000-000

  45. Placed on Calendar Order of 3rd Reading

  46. Senate Floor Amendment No. 1 Adopted; Harmon

  47. Recalled to Second Reading

  48. Senate Floor Amendment No. 1 Recommend Do Adopt Judiciary; 008-000-000

  49. Senate Floor Amendment No. 1 Assignments Refers to Judiciary

  50. Senate Floor Amendment No. 1 Referred to Assignments

  51. Senate Floor Amendment No. 1 Filed with Secretary by Sen. Don Harmon

  52. Placed on Calendar Order of 3rd Reading March 12, 2019

  53. Second Reading

  54. Placed on Calendar Order of 2nd Reading February 21, 2019

  55. Do Pass Judiciary; 007-000-000

  56. Assigned to Judiciary

  57. Referred to Assignments

  58. First Reading

  59. Filed with Secretary by Sen. Don Harmon

Sponsors

Sponsorship breakdown

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0 sponsors · 3 co-sponsors · 180 not signed on · 7 voted No

Sponsors (0)

None.

Co-sponsors (3)

Not signed on (180)

180 members have not signed on to this bill.

Show all 180 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed 59 Yea · 0 Nay
Party YeaNayPresentNot Voting
Republican 13000
Unaffiliated 26000
Democrat 20000
Total 59000
% of votes cast 100%0%0%0%
How each member voted (59)
Member Party Vote
Link — Yea
Sandoval — Yea
Manar — Yea
Schimpf — Yea
Martinez — Yea
Barickman — Yea
Gillespie — Yea
Glowiak — Yea
Bennett — Yea
Steans — Yea
McGuire — Yea
Bertino-Tarrant — Yea
Stewart — Yea
Harris — Yea
Brady — Yea
Mulroe — Yea
Bush — Yea
Muñoz — Yea
Oberweis — Yea
Hutchinson — Yea
Crowe — Yea
Cullerton, T. — Yea
Cullerton — Yea
Landek — Yea
Righter — Yea
Van Pelt — Yea
Bill Cunningham Democrat Yea
Christopher Belt Democrat Yea
Cristina Castro Democrat Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Elgie R. Sims, Jr. Democrat Yea
Emil Jones, III Democrat Yea
Julie A. Morrison Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura Ellman Democrat Yea
Laura Fine Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Michael E. Hastings Democrat Yea
Omar Aquino Democrat Yea
Ram Villivalam Democrat Yea
Robert Peters Democrat Yea
Steve Stadelman Democrat Yea
Chapin Rose Republican Yea
Craig Wilcox Republican Yea
Dale Fowler Republican Yea
Dan McConchie Republican Yea
Dave Syverson Republican Yea
Donald P. DeWitte Republican Yea
Jason Plummer Republican Yea
Jil Tracy Republican Yea
John F. Curran Republican Yea
Neil Anderson Republican Yea
Steve McClure Republican Yea
Sue Rezin Republican Yea
Travis Weaver Republican Yea

Official roll call →

Concurrence

Passed 59 Yea · 0 Nay
Party YeaNayPresentNot Voting
Republican 13000
Unaffiliated 26000
Democrat 20000
Total 59000
% of votes cast 100%0%0%0%
How each member voted (59)
Member Party Vote
Link — Yea
Sandoval — Yea
Manar — Yea
Schimpf — Yea
Martinez — Yea
Barickman — Yea
Gillespie — Yea
Glowiak — Yea
Bennett — Yea
Steans — Yea
McGuire — Yea
Bertino-Tarrant — Yea
Stewart — Yea
Harris — Yea
Brady — Yea
Mulroe — Yea
Bush — Yea
Muñoz — Yea
Oberweis — Yea
Hutchinson — Yea
Crowe — Yea
Cullerton, T. — Yea
Cullerton — Yea
Landek — Yea
Righter — Yea
Van Pelt — Yea
Bill Cunningham Democrat Yea
Christopher Belt Democrat Yea
Cristina Castro Democrat Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Elgie R. Sims, Jr. Democrat Yea
Emil Jones, III Democrat Yea
Julie A. Morrison Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura Ellman Democrat Yea
Laura Fine Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Michael E. Hastings Democrat Yea
Omar Aquino Democrat Yea
Ram Villivalam Democrat Yea
Robert Peters Democrat Yea
Steve Stadelman Democrat Yea
Chapin Rose Republican Yea
Craig Wilcox Republican Yea
Dale Fowler Republican Yea
Dan McConchie Republican Yea
Dave Syverson Republican Yea
Donald P. DeWitte Republican Yea
Jason Plummer Republican Yea
Jil Tracy Republican Yea
John F. Curran Republican Yea
Neil Anderson Republican Yea
Steve McClure Republican Yea
Sue Rezin Republican Yea
Travis Weaver Republican Yea

Official roll call →

Third Reading

Passed 107 Yea · 10 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 13700
Democrat 49000
Unaffiliated 45301
Total 1071001
% of votes cast 91%8%0%1%
How each member voted (118)
Member Party Vote
Reitz — Yea
Arroyo — Yea
Robinson — Yea
Batinick — Yea
Harris — Yea
Bennett — Yea
Bourne — Yea
Brady — Yea
Bristow — Yea
Sommer — Yea
Hurley — Yea
Jones — Yea
Kalish — Yea
Burke — Yea
Butler — Yea
Carroll — Yea
Caulkins — Yea
Turner — Yea
Marron — Yea
Connor — Yea
Unes — Yea
Conroy — Yea
McAuliffe — Yea
D'Amico — Yea
McDermed — Yea
Davis — Yea
Wehrli — Yea
McSweeney — Yea
Demmer — Yea
Welter — Yea
Durkin — Yea
Wheeler — Yea
Flowers — Yea
Willis — Yea
Frese — Yea
Yednock — Yea
Yingling — Yea
Pappas — Yea
Zalewski — Yea
Parkhurst — Yea
Madigan — Yea
Ramirez — Yea
Greenwood — Yea
Bailey — Nay
Skillicorn — Nay
Mazzochi — Nay
Thapedi — Not Voting
Costa Howard — Yea
Williams, Jawaharial — Yea
Aarón M. Ortíz Democrat Yea
Ann M. Williams Democrat Yea
Anna Moeller Democrat Yea
Anne Stava Democrat Yea
Anthony DeLuca Democrat Yea
Barbara Hernandez Democrat Yea
Bob Morgan Democrat Yea
Camille Y. Lilly Democrat Yea
Carol Ammons Democrat Yea
Celina Villanueva Democrat Yea
Curtis J. Tarver, II Democrat Yea
Daniel Didech Democrat Yea
Debbie Meyers-Martin Democrat Yea
Elizabeth "Lisa" Hernandez Democrat Yea
Emanuel "Chris" Welch Democrat Yea
Fred Crespo Democrat Yea
Jaime M. Andrade, Jr. Democrat Yea
Jay Hoffman Democrat Yea
Jehan Gordon-Booth Democrat Yea
Jennifer Gong-Gershowitz Democrat Yea
Joyce Mason Democrat Yea
Julie A. Morrison Democrat Yea
Justin Slaughter Democrat Yea
Kam Buckner Democrat Yea
Karina Villa Democrat Yea
Katie Stuart Democrat Yea
Kelly M. Cassidy Democrat Yea
La Shawn K. Ford Democrat Yea
Laura M. Murphy Democrat Yea
Lawrence "Larry" Walsh, Jr. Democrat Yea
Marcus C. Evans, Jr. Democrat Yea
Mark L. Walker Democrat Yea
Martin J. Moylan Democrat Yea
Mary Edly-Allen Democrat Yea
Maurice A. West, II Democrat Yea
Michael W. Halpin Democrat Yea
Michelle Mussman Democrat Yea
Natalie A. Manley Democrat Yea
Nicholas K. Smith Democrat Yea
Rita Mayfield Democrat Yea
Robert "Bob" Rita Democrat Yea
Robert F. Martwick Democrat Yea
Robyn Gabel Democrat Yea
Sara Feigenholtz Democrat Yea
Sonya M. Harper Democrat Yea
Stephanie A. Kifowit Democrat Yea
Sue Scherer Democrat Yea
Theresa Mah Democrat Yea
Will Guzzardi Democrat Yea
Amy L. Grant Republican Yea
Andrew S. Chesney Republican Nay
Blaine Wilhour Republican Nay
Brad Halbrook Republican Nay
Charles Meier Republican Nay
Chris Miller Republican Nay
Christopher "C.D." Davidsmeyer Republican Nay
Dan Swanson Republican Yea
Daniel J. Ugaste Republican Yea
Dave Severin Republican Yea
Jeff Keicher Republican Yea
Joe C. Sosnowski Republican Nay
John M. Cabello Republican Yea
Norine K. Hammond Republican Yea
Patrick Windhorst Republican Yea
Ryan Spain Republican Yea
Steven Reick Republican Yea
Terri Bryant Republican Yea
Tom Weber Republican Yea
Tony M. McCombie Republican Yea

Official roll call →

Third Reading

Passed 57 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Republican 13000
Unaffiliated 25001
Democrat 19001
Total 57002
% of votes cast 97%0%0%3%
How each member voted (59)
Member Party Vote
Link — Yea
Sandoval — Yea
Manar — Yea
Schimpf — Yea
Martinez — Yea
Barickman — Yea
Gillespie — Yea
Glowiak — Yea
Bennett — Yea
Steans — Yea
McGuire — Yea
Bertino-Tarrant — Yea
Stewart — Yea
Harris — Yea
Brady — Yea
Mulroe — Yea
Bush — Yea
Muñoz — Yea
Oberweis — Yea
Hutchinson — Yea
Crowe — Yea
Cullerton, T. — Yea
Cullerton — Yea
Righter — Yea
Landek — Not Voting
Van Pelt — Yea
Bill Cunningham Democrat Yea
Christopher Belt Democrat Yea
Cristina Castro Democrat Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Elgie R. Sims, Jr. Democrat Yea
Emil Jones, III Democrat Yea
Julie A. Morrison Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Not Voting
Laura Ellman Democrat Yea
Laura Fine Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Michael E. Hastings Democrat Yea
Omar Aquino Democrat Yea
Ram Villivalam Democrat Yea
Robert Peters Democrat Yea
Steve Stadelman Democrat Yea
Chapin Rose Republican Yea
Craig Wilcox Republican Yea
Dale Fowler Republican Yea
Dan McConchie Republican Yea
Dave Syverson Republican Yea
Donald P. DeWitte Republican Yea
Jason Plummer Republican Yea
Jil Tracy Republican Yea
John F. Curran Republican Yea
Neil Anderson Republican Yea
Steve McClure Republican Yea
Sue Rezin Republican Yea
Travis Weaver Republican Yea

Official roll call →

Subjects

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Frequently asked questions

What does SB 147 do?
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.
Who sponsors SB 147?
SB 147 is sponsored by Don Harmon (Democrat), Michelle Mussman (Democrat), and Bob Morgan (Democrat).
What is the current status of SB 147?
This bill has been enacted into law. Introduced January 29, 2019. Enacted.
Where can I track SB 147?
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