An Act amending the the act of October 24, 2012 (P.L.1209, No.151), known as the Child Labor Act, further providing for definitions and for employment of minors in a performance; and providing for employment of minors as content creators.

PRINTER'S NO. 1005
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 939
Session of
2025
INTRODUCED BY HANBIDGE, McNEILL, HOWARD, SANCHEZ, SCHLOSSBERG,
GUENST, HILL-EVANS, FREEMAN, OTTEN, CERRATO AND GREEN,
MARCH 17, 2025
REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, MARCH 17, 2025
AN ACT
Amending the act of October 24, 2012 (P.L.1209, No.151),
entitled "An act regulating child labor; conferring powers
and duties on the Department of Labor and Industry and the
Department of Education; imposing penalties; and making a
repeal," further providing for definitions and for employment
of minors in a performance; and providing for employment of
minors as content creators.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definition of "perform" or "performance" in
section 2 of the act of October 24, 2012 (P.L.1209, No.151),
known as the Child Labor Act, is amended and the section is
amended by adding definitions to read:
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Content creator." An individual who creates, posts, shares
or otherwise interacts with digital content on an online
platform and engages in a direct contractual relationship with
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third parties. The term shall include a vlogger, a podcaster, a
social media influencer, a streamer and an individual using an
online platform for profit.
* * *
"Online content." Information and media created by a content
creator for the purpose of sharing on an online platform.
"Online platform." A public-facing Internet website, web
application or digital application. The term shall include a
social media platform, an advertising network, a mobile
application, a mobile operating system, a search engine, an
email service and an Internet access service.
"Perform" or "performance." The providing of artistic or
creative services to a live audience or recorded for exhibition
or broadcast to an audience. This term shall include modeling
and acting as a content creator.
* * *
Section 2. Section 5(e)(2) of the act is amended by adding a
subparagraph to read:
Section 5. Employment of minors in a performance.
* * *
(e) Child performer trust account.--
* * *
(2) All of the following govern the child performer
trust account or qualified tuition program established under
paragraph (1):
* * *
(xii) A child performer trust account shall be
administered by a fiduciary, whose primary responsibility
shall be to act in the best interest of the child
performer for the purpose of providing benefits and
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paying account expenses on behalf of the child performer.
* * *
Section 3. The act is amended by adding a section to read:
Section 5.1. Employment of minors as content creators.
(a) Characteristics of content creator.--
(1) A minor is a content creator if the minor models or
renders artistic or creative expression on an online platform
that expressly depends upon the minor's participation, which
is substantial and for which any person receives remuneration
for the minor's participation.
(2) For purposes of paragraph (1):
(i) "Remuneration" shall include one or more
monetary payments but shall not include reimbursement for
expenses incurred by the minor or the minor's family or
any prize or goods or services received in connection
with the participation with a value of less than $2,500.
(ii) "Substantial" shall mean the minor is a
principal subject of the online content or the minor
participates in the creation of the online content for
ten or more days in a 30-day period.
(b) Child performer trust account.--
(1) An irrevocable child performer trust account or a
qualified tuition program established and maintained in
accordance with section 529 of the Internal Revenue Code of
1986 (Public Law 99-514, 26 U.S.C. § 529) by this
Commonwealth, another state, an agency or instrumentality of
this Commonwealth or another state, or by one or more
eligible educational institutions, shall be established for a
minor if:
(i) the minor is entitled to receive residuals in
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accordance with a principal agreement;
(ii) earnings by the minor are anticipated to exceed
$2,500 for the performance; or
(iii) the minor has already earned in excess of
$2,500 in prior employment in performance.
(2) A child performer trust account established in
another state shall meet the requirements of this subsection.
(3) The following govern the child performer trust
account or qualified tuition program established under
paragraph (1):
(i) The parent or legal guardian shall establish the
child performer trust account or qualified tuition
program for the benefit of the minor.
(ii) The parent or legal guardian shall provide to
the employer, on or before the start of paid employment,
the information necessary to enable the employer to
transfer money into the child performer trust account or
qualified tuition program.
(iii) The employer shall transfer to the child
performer trust account or qualified tuition program not
less than 15% of:
(A) the total compensation prior to all taxes,
deductions and commissions payable to the minor or
the parent or legal guardian under contract; or
(B) in the case of payment to a third party, the
total compensation paid to the third party for the
minor's services.
(iv) In the case of employment for 30 days or less,
the employer shall transfer the required amount to the
child performer trust account or qualified tuition
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program within 30 days of the final day of employment in
accordance with 20 Pa.C.S. Ch. 53 (relating to
Pennsylvania Uniform Transfers to Minors Act).
(v) In the case of employment for longer than 30
days, the employer shall transfer the required amount to
the child performer trust account or qualified tuition
program every payroll period in accordance with 20
Pa.C.S. Ch. 53.
(vi) If the employer has not been notified within 15
days of commencement of employment of the existence of a
child performer trust account or qualified tuition
program or if a child performer trust account or tuition
account program has not been established by the parent or
legal guardian, the employer shall transfer the required
amount, along with the minor's name and last known
address, to the Office of State Treasurer for placement
into a child performer trust account for the benefit of
the minor.
(vii) Once the transfers have been made to the child
performer trust account, qualified tuition program or the
Office of State Treasurer in accordance with this
subsection, the employer shall have no further duty under
this subsection.
(viii) The employer's obligations under this
subsection shall terminate when the minor reaches 18
years of age.
(ix) A duty under this subsection does not exist if
the minor is emancipated.
(x) The parent or legal guardian may serve as
custodian under this subsection. If the child performer
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trust account reaches $150,000, or a higher amount as set
by the department through regulation, a trust company or
independent custodian shall be appointed.
(xi) Proceeds of the child performer trust account:
(A) Shall remain in trust until the minor
reaches 18 years of age.
(B) May only be distributed to the minor before
the minor reaches 18 years of age for the minor's
legitimate health and educational needs.
(C) May remain in trust after the minor reaches
18 years of age if the parent or legal guardian
determines that it would serve the health, education
and financial interests of the minor.
(xii) A child performer trust account shall be
administered by a fiduciary, whose primary responsibility
shall be to act in the best interest of the child
performer for the purpose of providing benefits and
paying account expenses on behalf of the child performer.
Section 4. This act shall take effect in 60 days.
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