HB 939 — 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
 1   Amending the act of October 24, 2012 (P.L.1209, No.151),
 2      entitled "An act regulating child labor; conferring powers
 3      and duties on the Department of Labor and Industry and the
 4      Department of Education; imposing penalties; and making a
 5      repeal," further providing for definitions and for employment
 6      of minors in a performance; and providing for employment of
 7      minors as content creators.
 8      The General Assembly of the Commonwealth of Pennsylvania
 9   hereby enacts as follows:
10      Section 1.    The definition of "perform" or "performance" in
11   section 2 of the act of October 24, 2012 (P.L.1209, No.151),
12   known as the Child Labor Act, is amended and the section is
13   amended by adding definitions to read:
14   Section 2.   Definitions.
15      The following words and phrases when used in this act shall
16   have the meanings given to them in this section unless the
17   context clearly indicates otherwise:
18      "Content creator."    An individual who creates, posts, shares
19   or otherwise interacts with digital content on an online
20   platform and engages in a direct contractual relationship with
 1   third parties. The term shall include a vlogger, a podcaster, a
 2   social media influencer, a streamer and an individual using an
 3   online platform for profit.
 4      * * *
 5      "Online content."      Information and media created by a content
 6   creator for the purpose of sharing on an online platform.
 7      "Online platform."      A public-facing Internet website, web
 8   application or digital application. The term shall include a
 9   social media platform, an advertising network, a mobile
10   application, a mobile operating system, a search engine, an
11   email service and an Internet access service.
12      "Perform" or "performance."       The providing of artistic or
13   creative services to a live audience or recorded for exhibition
14   or broadcast to an audience. This term shall include modeling
15   and acting as a content creator.
16      * * *
17      Section 2.     Section 5(e)(2) of the act is amended by adding a
18   subparagraph to read:
19   Section 5.     Employment of minors in a performance.
20      * * *
21      (e)   Child performer trust account.--
22            * * *
23            (2)   All of the following govern the child performer
24      trust account or qualified tuition program established under
25      paragraph (1):
26                  * * *
27                  (xii)   A child performer trust account shall be
28            administered by a fiduciary, whose primary responsibility
29            shall be to act in the best interest of the child
30            performer for the purpose of providing benefits and

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 1            paying account expenses on behalf of the child performer.
 2      * * *
 3      Section 3.        The act is amended by adding a section to read:
 4   Section 5.1.     Employment of minors as content creators.
 5      (a)   Characteristics of content creator.--
 6            (1)   A minor is a content creator if the minor models or
 7      renders artistic or creative expression on an online platform
 8      that expressly depends upon the minor's participation, which
 9      is substantial and for which any person receives remuneration
10      for the minor's participation.
11            (2)   For purposes of paragraph (1):
12                  (i)    "Remuneration" shall include one or more
13            monetary payments but shall not include reimbursement for
14            expenses incurred by the minor or the minor's family or
15            any prize or goods or services received in connection
16            with the participation with a value of less than $2,500.
17                  (ii)    "Substantial" shall mean the minor is a
18            principal subject of the online content or the minor
19            participates in the creation of the online content for
20            ten or more days in a 30-day period.
21      (b)   Child performer trust account.--
22            (1)   An irrevocable child performer trust account or a
23      qualified tuition program established and maintained in
24      accordance with section 529 of the Internal Revenue Code of
25      1986 (Public Law 99-514, 26 U.S.C. § 529) by this
26      Commonwealth, another state, an agency or instrumentality of
27      this Commonwealth or another state, or by one or more
28      eligible educational institutions, shall be established for a
29      minor if:
30                  (i)    the minor is entitled to receive residuals in

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 1        accordance with a principal agreement;
 2              (ii)    earnings by the minor are anticipated to exceed
 3        $2,500 for the performance; or
 4              (iii)    the minor has already earned in excess of
 5        $2,500 in prior employment in performance.
 6        (2)   A child performer trust account established in
 7    another state shall meet the requirements of this subsection.
 8        (3)   The following govern the child performer trust
 9    account or qualified tuition program established under
10    paragraph (1):
11              (i)    The parent or legal guardian shall establish the
12        child performer trust account or qualified tuition
13        program for the benefit of the minor.
14              (ii)    The parent or legal guardian shall provide to
15        the employer, on or before the start of paid employment,
16        the information necessary to enable the employer to
17        transfer money into the child performer trust account or
18        qualified tuition program.
19              (iii)    The employer shall transfer to the child
20        performer trust account or qualified tuition program not
21        less than 15% of:
22                     (A)   the total compensation prior to all taxes,
23              deductions and commissions payable to the minor or
24              the parent or legal guardian under contract; or
25                     (B)   in the case of payment to a third party, the
26              total compensation paid to the third party for the
27              minor's services.
28              (iv)    In the case of employment for 30 days or less,
29        the employer shall transfer the required amount to the
30        child performer trust account or qualified tuition

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 1        program within 30 days of the final day of employment in
 2        accordance with 20 Pa.C.S. Ch. 53 (relating to
 3        Pennsylvania Uniform Transfers to Minors Act).
 4             (v)    In the case of employment for longer than 30
 5        days, the employer shall transfer the required amount to
 6        the child performer trust account or qualified tuition
 7        program every payroll period in accordance with 20
 8        Pa.C.S. Ch. 53.
 9             (vi)    If the employer has not been notified within 15
10        days of commencement of employment of the existence of a
11        child performer trust account or qualified tuition
12        program or if a child performer trust account or tuition
13        account program has not been established by the parent or
14        legal guardian, the employer shall transfer the required
15        amount, along with the minor's name and last known
16        address, to the Office of State Treasurer for placement
17        into a child performer trust account for the benefit of
18        the minor.
19             (vii)    Once the transfers have been made to the child
20        performer trust account, qualified tuition program or the
21        Office of State Treasurer in accordance with this
22        subsection, the employer shall have no further duty under
23        this subsection.
24             (viii)    The employer's obligations under this
25        subsection shall terminate when the minor reaches 18
26        years of age.
27             (ix)    A duty under this subsection does not exist if
28        the minor is emancipated.
29             (x)    The parent or legal guardian may serve as
30        custodian under this subsection. If the child performer

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 1        trust account reaches $150,000, or a higher amount as set
 2        by the department through regulation, a trust company or
 3        independent custodian shall be appointed.
 4             (xi)    Proceeds of the child performer trust account:
 5                    (A)   Shall remain in trust until the minor
 6             reaches 18 years of age.
 7                    (B)   May only be distributed to the minor before
 8             the minor reaches 18 years of age for the minor's
 9             legitimate health and educational needs.
10                    (C)   May remain in trust after the minor reaches
11             18 years of age if the parent or legal guardian
12             determines that it would serve the health, education
13             and financial interests of the minor.
14             (xii)    A child performer trust account shall be
15        administered by a fiduciary, whose primary responsibility
16        shall be to act in the best interest of the child
17        performer for the purpose of providing benefits and
18        paying account expenses on behalf of the child performer.
19    Section 4.    This act shall take effect in 60 days.




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