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Full Text of HB5422
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HB5422 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5422
Introduced 2/13/2026, by Rep. Kimberly Du Buclet
SYNOPSIS AS INTRODUCED:
New Act
30 ILCS 105/5.1038 new
Creates the Illinois Creative Workforce Development Act. Establishes
a program within the Department of Commerce and Economic Opportunity to
provide skills training, business development, financial literacy,
contract education, and career transition support for independent and
project-based creative workers. Includes a pilot program to test portable,
worker-controlled benefits without reclassifying workers. Sets minimum
compensation guidelines, timely payment requirements, and written contract
standards for publicly funded creative work. Requires regional balance,
targeted outreach to underrepresented communities, and data collection
disaggregated by race, gender, and geography. Authorizes grants for
cross-sector integration of creative skills into education, health,
technology, and tourism. Creates the Illinois Creative Workforce Fund.
Grants rulemaking authority. Makes a conforming change to the State
Finance Act.
LRB104 19041 HLH 32486 b
A BILL FOR
HB5422
LRB104 19041 HLH 32486 b
1
AN ACT concerning State government.
2
Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:
4
Section 1.
Short title.
This Act may be cited as the
5
Creative Workforce Development Act.
6
Section 5.
Purpose.
The General Assembly finds that
7
Illinois' creative economy relies heavily on gig, freelance,
8
and project-based laborers whose contributions are essential
9
yet whose jobs are often precarious. It is the policy of the
10
State to support the sustainability and mobility of creative
11
workers through skills training, business development
12
supports, financial and contract literacy, and between-project
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career transition services; to test portable,
14
worker-controlled benefits without altering worker
15
classification; to set baseline protections for publicly
16
funded creative work; and to ensure equitable access across
17
regions and underrepresented communities.
18
Section 10.
Definitions.
In this Act:
19
"Creative worker" means an individual who earns income
20
primarily through independent, freelance, gig, or
21
project-based work in one or more of the following fields:
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arts and culture; design; music; film and television; theater
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and live events; teaching artistry; digital media and content
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creation; creative technology; and related cultural work.
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"Department" means the Department of Commerce and Economic
4
Opportunity.
5
"Eligible worker" means a creative worker who is
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determined, by Department rule, to be eligible for the pilot
7
program established under Section 45.
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"Portable benefits" means benefits that are
9
worker-controlled; that follow a worker across projects,
10
employers, or engagements; and that are administered by an
11
eligible sponsor or qualified portable benefit administrator.
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"Portable benefits" includes access pathways to health
13
insurance, retirement savings options, paid leave pools, and
14
workers' compensation coverage.
15
"Publicly funded creative work" means any creative
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services, performances, productions, or deliverables procured
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or sub-granted using State funds, including pass-through
18
federal funds administered by the State.
19
"Underrepresented communities" includes, but is not
20
limited to, communities historically marginalized by race or
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ethnicity, low-income communities, people with disabilities,
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LGBTQ+ communities, and geographically isolated rural areas.
23
Section 15.
Establishment; administering Department.
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(a) The Illinois Creative Workforce Development Program is
25
established within the Department. Creative workers may apply
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for program services under Section 20 under procedures
2
determined by the Department by rule.
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(b) The Department shall design, administer, and
4
coordinate services statewide and may enter into interagency
5
agreements with other State agencies, the Department's Film
6
Office, the Illinois Arts Council, or other relevant entities
7
to implement this Act.
8
(c) The Department may contract with regional
9
intermediaries, community colleges, workforce boards, and
10
nonprofit organizations with demonstrated experience serving
11
creative workers.
12
Section 20.
Program services.
13
(a) The Department shall offer or fund training in digital
14
tools, creative technologies, production workflows, management
15
and entrepreneurship, compliance and safety, and project
16
administration.
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(b) Services may include coaching, access to markets and
18
procurement, portfolio development, licensing and rights
19
education, marketing, and revenue diversification.
20
(c) Services shall include budgeting, tax compliance for
21
independent workers, contract drafting and review, negotiation
22
skills, and risk management for project-based work.
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(d) The Department shall provide navigation services,
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placement assistance, bridge programs, and supportive services
25
to facilitate movement between projects or into adjacent
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high-demand fields.
2
Section 25.
Baseline protections for publicly funded
3
creative work.
4
(a) The Department shall, by rule, establish minimum
5
compensation guidelines for publicly funded creative contracts
6
that reflect fair market value, project scope, experience
7
level, prevailing standards, and inclusive access.
8
(b) The Department shall, by rule, require:
9
(1) clear written contracts with defined scope of
10
work, deliverables, timelines, ownership and rights,
11
cancellation terms, and dispute resolution;
12
(2) standardized invoicing and payment practices to
13
promote timely payment consistent with State fiscal
14
controls; and
15
(3) disclosure of grant or contract terms in plain
16
language.
17
(c) Publicly funded entities shall certify compliance as a
18
condition of award or payment.
19
Section 30.
Equity, outreach, and regional balance.
20
(a) The Department shall conduct targeted outreach to
21
underrepresented communities and workers lacking access to
22
traditional benefits.
23
(b) Program design and awards shall reflect geographic
24
balance across Chicago, suburban, downstate, and rural
HB5422
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regions, including deployment of regional intermediaries.
2
(c) The Department shall ensure accessibility of program
3
materials, facilities, and communications and shall provide
4
reasonable accommodations.
5
Section 35.
Data collection; reporting; privacy.
6
(a) The Department shall collect program data,
7
disaggregated, at a minimum, by race, ethnicity, gender,
8
disability status, if voluntarily disclosed, and geography.
9
(b) Annually, the Department shall deliver a report to the
10
General Assembly and post the report on the Department's
11
website, summarizing participation, services delivered,
12
outcomes, the adoption of compensation standards, payment
13
timelines, and pilot program results.
14
(c) Personally identifiable information shall be protected
15
and reported only in the aggregate.
16
Section 40.
Cross-sector integration grants; alignment
17
with pipelines and credentials.
18
(a) The Department may award grants or incentives to
19
integrate creative skills into other high-demand fields
20
through cross-sector partnerships, including:
21
(1) partnerships with teaching artists in education
22
and after-school programs;
23
(2) partnerships with designers and storytellers in
24
public health and community engagement;
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(3) partnerships with digital creatives in technology
2
and manufacturing; and
3
(4) partnerships with cultural workers in tourism and
4
place-based development.
5
(b) Grants shall, if practicable, align with recognized
6
credentials, registered apprenticeships, or established
7
workforce pipelines, and they may support curriculum
8
co-development, work-based learning, and employer engagement.
9
(c) Awards under this Section are subject to
10
appropriation.
11
Section 45.
Portable benefits pilot program; report.
12
(a) The Department shall establish a pilot program to test
13
portable, worker-controlled benefits for eligible workers
14
without reclassifying workers as employees. Eligible workers
15
may apply for the pilot program under procedures determined by
16
the Department by rule.
17
(b) Subject to appropriation and available matching funds,
18
the pilot program may include:
19
(1) pathways to health insurance enrollment or
20
subsidies;
21
(2) retirement savings vehicles with automated or
22
optional contributions;
23
(3) pooled paid leave accounts usable across
24
engagements; and
25
(4) mechanisms to access workers' compensation
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coverage for qualifying engagements where permissible
2
under law.
3
(c) Benefits may be administered by qualified portable
4
benefit administrators or licensed entities selected through a
5
competitive process. The Department may set eligibility,
6
portability, contribution, and governance standards by rule.
7
(d) Participation in the pilot program shall not be
8
construed to create an employment relationship, joint
9
employment, or agency between a worker and any contracting
10
entity.
11
(e) The Department shall include pilot program outcomes,
12
costs, worker satisfaction, and recommendations in the annual
13
report under Section 35.
14
(f) This Section is repealed 5 years after the effective
15
date of this Act.
16
Section 50.
Procurement and grant compliance.
17
(a) The Department shall incorporate the protections in
18
Section 25 into its procurement and grantmaking templates and
19
guidance.
20
(b) The Department may condition awards on adoption of
21
minimum compensation guidelines and timely-payment practices
22
and may withhold or recoup funds for material noncompliance
23
after providing notice and opportunity to cure.
24
Section 55.
Rulemaking.
The Department shall adopt rules
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to implement and administer this Act, including, without
2
limitation, rules to establish pilot program operations,
3
compensation guidelines, and grant procedures.
4
Section 60.
Creative Workforce Fund.
The Creative
5
Workforce Fund is created as a special fund in the State
6
treasury. Subject to appropriation, moneys in the Fund shall
7
be used by the Department to carry out this Act, including
8
training, grants, pilot program benefits, evaluation, and
9
administration. The Fund may receive transfers,
10
appropriations, gifts, grants, and awards from public or
11
private sources.
12
Section 65.
Construction.
Nothing in this Act shall be
13
construed to limit the rights of workers or to preempt any more
14
protective local, State, or federal standards applicable to
15
compensation, safety, discrimination, or accessibility.
16
Section 80.
The State Finance Act is amended by adding
17
Section 5.1038 as follows:
18
(30 ILCS 105/5.1038 new)
19
Sec. 5.1038.
The Creative Workforce Fund.
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