24 LC 52 0391
House Bill 968
By: Representatives Schofield of the 63
rd
, Carpenter of the 4
th
, Tran of the 80
th
, Gilliard of
the 162
nd
, and Holland of the 54
th
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 2 of Title 39 of the Official Code of Georgia Annotated, relating to
1
regulation of employment of minors, so as to require the establishment of blocked trust2
accounts for minors rendering artistic or creative services in this state; to provide for3
definitions; to provide for the Commissioner of Labor to investigate and determine4
conditions of employment of child performers prior to the commencement of such5
employment; to provide for requirements related to blocked trust accounts for child6
performers; to provide for requirements related to such accounts for minors engaged in video7
content on online platforms; to provide for civil actions; to require the conditions of8
employment for a child performer to not be detrimental to such minor's health, well-being,9
and education; to provide for scheduling restrictions and for discretionary exceptions; to10
provide for related matters; to provide for a short title; to provide for an effective date; to11
repeal conflicting laws; and for other purposes.12
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:13
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SECTION 1.
14
This Act shall be known and may be cited as the "Georgia Child Performer Empowerment15
and Protection Act."16
SECTION 2.17
Chapter 2 of Title 39 of the Official Code of Georgia Annotated, relating to regulation of18
employment of minors, is amended by revising Code Section 39-2-18, relating to19
applicability of provisions of chapter to minors employed as actors or performers, as follows:20
"39-2-18.21
(a) Notwithstanding any other provisions of this chapter to the contrary, nothing in this
22
chapter shall apply to any minor employed as an actor or performer in motion pictures or23
theatrical productions, in radio or television productions, in any other performance, concert,24
or entertainment, or to any minor employed in the making of phonographic records or as25
an advertising or photographic model, provided that the written consent of the26
Commissioner of Labor must be first obtained.27
(a) As used in this chapter, the term:28
(1) 'Artistic or creative services' means services to create, perform, or otherwise29
participate in the performing arts and other events or activities designed to entertain30
others, whether live or recorded, using any format and any medium, including but not31
limited to motion pictures; theatrical productions; radio or television productions; musical32
performances or concerts; vlogs; recordings; modeling; and photography.33
(2) 'Blocked trust account' or 'account' means the account provided for in Code34
Section 39-2-18.1.35
(3) 'Child performer' means a minor that agrees to render artistic or creative services. 36
Such term includes but is not limited to an actor, dancer, musician, comedian, singer,37
stunt person, voice-over artist, runway or print model, other performer or entertainer,38
songwriter, musical producer, arranger, writer, director, producer, production executive,39
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choreographer, composer, conductor, or designer. Such term includes a minor engaged40
in the work of vlogging as provided for in Code Section 39-2-18.2.41
(4) 'Gross earnings' means the total compensation payable to the child performer under42
the contract or payable to a third-party individual for the services of the child performer.43
(5) 'Online platform' means a digital service that uses the internet to facilitate interactions44
between two or more separate but interdependent users. Such term includes any45
public-facing website, web application, digital application, mobile application, social46
network, advertising network, mobile operating system, search engine, email service, or47
internet access service.48
(6) 'Vlog' means video content shared on an online platform in exchange for49
compensation.50
(b) Before the Commissioner of Labor shall give his written consent, as provided in51
subsection (a) of this Code section, he for a child performer to be employed by or permitted52
to work rendering artistic or creative services in this state, he or she shall investigate and53
determine that:54
(1) The That the environment in which the work is to be performed is proper for the55
minor;56
(2) The That the conditions of employment are not detrimental to the health of the minor57
and are compliant with the scheduling restrictions as provided for in Code58
Section 39-2-18.3;59
(3) The That the minor's education will not be neglected or hampered by his or her60
participation in any of the activities referred to in subsection (a); and as a child performer; 61
(4) The That the minor will not be used for pornographic purposes; and62
(5) The minor's parent or legal guardian has established a blocked trust account63
designating the minor as the beneficiary as provided for in Code Section 39-2-18.1."64
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SECTION 3.
65
Said chapter is further amended by adding three new Code sections to read as follows:66
"39-2-18.1.
67
(a) A blocked trust account required to be established by a child performer's parent or legal68
guardian shall provide, at a minimum, that:69
(1) Except as provided in Code Section 39-2-18.2, at least 15 percent of the gross70
earnings of the child performer shall be deposited into the account;71
(2) The funds in the account shall be available only to the child performer;72
(3) The account shall be held by a trust company, as defined in Code Section 44-5-111;73
(4) The funds in the account shall become available to the child performer when the74
minor reaches the age of majority or is declared emancipated; and75
(5) The account meets the requirements of Article 5 of Chapter 5 of Title 44, the 'Georgia76
Transfers to Minors Act.'77
(b) The child performer's parent or legal guardian shall provide the child performer's78
employer with the information necessary to transfer funds into the blocked trust account. 79
Once such employer deposits the funds into the account, such employer shall have no80
further obligation or duty to monitor or account for such funds, and only the trustee shall81
be obligated to monitor and account for such funds.82
(c) If the child performer's parent or legal guardian fails to provide the child performer's83
employer with the information necessary to transfer funds into the blocked trust account84
within 30 days after the start of employment, funds that were to be transferred to the85
account shall be reported and remitted to the commissioner of revenue in accordance with86
Code Section 44-12-214 of the 'Disposition of Unclaimed Property Act.'87
39-2-18.2.88
(a) A minor is considered engaged in the work of vlogging when the following criteria are89
met at any time during the previous 12 month period:90
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(1) At least 30 percent of the vlogger's video content for which he or she received91
compensation produced within a 30 day period included the likeness, name, or image of92
the minor. Such content percentage is measured by the percentage of time the likeness,93
name, or image of the minor visually appears or is the subject of an oral narrative in a94
video segment as compared to the total length of the segment; and95
(2) The number of views received per video segment on any online platform met the96
online platform's threshold for the generation of compensation or the vlogger received97
actual compensation for video content equal to or greater than 10ยข per view.98
(b) All vloggers whose content features a minor engaged in the work of vlogging shall99
maintain the following records and shall provide them to the minor or such minor's parent100
or legal guardian on an ongoing basis:101
(1) The name and documented proof of the age of the minor engaged in the work of102
vlogging;103
(2) The number of vlogs that generated compensation as provided for in subsection (a)104
of this Code section during the reporting period;105
(3) The total number of minutes of the vlogs for which the vlogger received106
compensation during the reporting period;107
(4) The total number of minutes each minor was featured in vlogs during the reporting108
period;109
(5) The total compensation generated from vlogs featuring a minor during the reporting110
period; and111
(6) The amount deposited into the blocked trust account for the benefit of the minor112
engaged in the work of vlogging.113
(c) If a vlogger whose content features any minors engaged in the work of vlogging fails114
to maintain the records as provided in subsection (b) of this Code section, the minor or such115
minor's parent or legal guardian may commence a civil action to enforce such subsection.116
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(d) A minor satisfying the criteria provided in subsection (a) of this Code section shall be117
compensated by the vlogger. The vlogger shall set aside gross earnings on the video118
content including the likeness, name, or image of the minor in a blocked trust account119
according to the following distribution:120
(1) When only one minor meets the content threshold described in subsection (a) of this121
Code section, the percentage of total gross earnings on any video segment including the122
likeness, name, or image of the minor that is equal to or greater than half of the content123
percentage that includes the minor; or124
(2) When more than one minor meets the content threshold described in subsection (a)125
of this Code section and a video segment includes more than one such minor, the126
percentage described in subsection (a) of this Code section for all minors in any segment127
must be equally divided between the minors, regardless of differences in percentage of128
content provided by the individual minors.129
(e) If a vlogger knowingly or recklessly violates the requirements provided for in130
subsection (d) of this Code section, the minor or such minor's parent or legal guardian may131
commence a civil action to enforce the provisions of such subsection. The court may132
award to a minor who prevails in any action brought in accordance with this Code section133
actual damages, punitive damages, and the costs of such action, including attorney's fees134
and litigation costs.135
39-2-18.3.136
(a) The conditions of employment, including work schedules, for a child performer shall137
not be detrimental to such minor's health, well-being, and education.138
(b) Notwithstanding any other provisions of this chapter to the contrary, the scheduling139
restrictions for a child performer employed or permitted to work rendering artistic or140
creative services shall be, at a minimum, as follows:141
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(1) No infants between birth and 15 days shall be permitted to be employed or permitted142
to work;143
(2) A minor between 15 days and six months old shall not start work before 9:30 A.M.,144
shall not work more than 20 minutes per day, shall not be at a location for more than two145
hours per day, and shall not work past 8:00 P.M.;146
(3) A minor between six months and two years old shall not start work before 7:00 A.M.,147
shall not work more than two hours per day, shall not be at a location for more than four148
hours per day, and shall not work past 7:00 P.M.;149
(4) A minor between two and six years old shall not start work before 7:00 A.M., shall150
not work more than three hours per day, shall not be at a location for more than six hours151
per day, and shall not work past 7:00 P.M.;152
(5) A minor between six and nine years old shall not start work before 7:00 A.M., shall153
not work more than four hours per day, shall not be at a location for more than eight154
hours per day, and shall not work past 10:00 P.M.;155
(6) A minor between nine and 16 years old shall not start work before 7:00 A.M., shall156
not work more than five hours per day, shall not be at a location for more than ten hours157
per day, and shall not work past 10:00 P.M. on a school night or 12:30 A.M. on a158
nonschool night; and159
(7) A minor who is 16 or 17 years old shall not start work before 7:00 A.M., shall not160
work more than eight hours per day, shall not be at a location for more than 12 hours per161
day, and shall not work past 10:00 P.M. on a school night or 12:30 A.M. on a nonschool162
night.163
(c) The commissioner is authorized to make limited exceptions to the scheduling164
restrictions provided for in subsection (b) of this Code section for unique child performers,165
circumstances, or events."166
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SECTION 4.
167
This Act shall become effective upon its approval by the Governor or upon its becoming law168
without such approval.169
SECTION 5.170
All laws and parts of laws in conflict with this Act are repealed.171
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