| 1 | 1 | | 25 LC 52 0612 |
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| 2 | 2 | | House Bill 418 |
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| 3 | 3 | | By: Representatives Schofield of the 63 |
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| 4 | 4 | | rd |
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| 5 | 5 | | , Carpenter of the 4 |
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| 6 | 6 | | th |
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| 7 | 7 | | , Tran of the 80 |
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| 8 | 8 | | th |
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| 9 | 9 | | , Davis of the |
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| 10 | 10 | | 87 |
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| 11 | 11 | | th |
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| 12 | 12 | | , and Scott of the 76 |
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| 13 | 13 | | th |
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| 14 | 14 | | |
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| 15 | 15 | | A BILL TO BE ENTITLED |
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| 16 | 16 | | AN ACT |
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| 17 | 17 | | To amend Chapter 2 of Title 39 of the Official Code of Georgia Annotated, relating to |
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| 18 | 18 | | 1 |
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| 19 | 19 | | regulation of employment of minors, so as to require the establishment of blocked trust2 |
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| 20 | 20 | | accounts for minors rendering artistic or creative services in this state; to provide for3 |
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| 21 | 21 | | definitions; to provide for the Commissioner of Labor to investigate and determine4 |
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| 22 | 22 | | conditions of employment of child performers prior to the commencement of such5 |
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| 23 | 23 | | employment; to provide for inspections; to provide for requirements related to blocked trust6 |
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| 24 | 24 | | accounts for child performers; to provide for requirements related to such accounts for7 |
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| 25 | 25 | | minors engaged in online content creation; to provide for civil actions and damages; to8 |
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| 26 | 26 | | require the conditions of employment for a child performer to not be detrimental to such9 |
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| 27 | 27 | | minor's health, well-being, and education; to provide for scheduling restrictions and for10 |
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| 28 | 28 | | discretionary exceptions; to provide for related matters; to provide for a short title; to provide11 |
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| 29 | 29 | | for an effective date; to repeal conflicting laws; and for other purposes.12 |
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| 30 | 30 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:13 |
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| 31 | 31 | | SECTION 1.14 |
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| 32 | 32 | | This Act shall be known and may be cited as the "Georgia Child Performer Empowerment15 |
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| 33 | 33 | | and Protection Act."16 |
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| 34 | 34 | | H. B. 418 |
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| 35 | 35 | | - 1 - 25 LC 52 0612 |
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| 36 | 36 | | SECTION 2. |
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| 37 | 37 | | 17 |
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| 38 | 38 | | Chapter 2 of Title 39 of the Official Code of Georgia Annotated, relating to regulation of18 |
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| 39 | 39 | | employment of minors, is amended by revising Code Section 39-2-18, relating to19 |
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| 40 | 40 | | applicability of provisions of chapter to minors employed as actors or performers, as follows:20 |
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| 41 | 41 | | "39-2-18.21 |
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| 42 | 42 | | (a) Notwithstanding any other provisions of this chapter to the contrary, nothing in this |
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| 43 | 43 | | 22 |
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| 44 | 44 | | chapter shall apply to any minor employed as an actor or performer in motion pictures or23 |
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| 45 | 45 | | theatrical productions, in radio or television productions, in any other performance, concert,24 |
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| 46 | 46 | | or entertainment, or to any minor employed in the making of phonographic records or as25 |
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| 47 | 47 | | an advertising or photographic model, provided that the written consent of the26 |
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| 48 | 48 | | Commissioner of Labor must be first obtained.27 |
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| 49 | 49 | | (a) As used in this chapter, the term:28 |
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| 50 | 50 | | (1) 'Artistic or creative services' means services to create, perform, or otherwise29 |
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| 51 | 51 | | participate in the performing arts and other events or activities designed to entertain30 |
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| 52 | 52 | | others, whether live or recorded, using any format and any medium, including but not31 |
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| 53 | 53 | | limited to motion pictures, theatrical productions, radio or television productions, musical32 |
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| 54 | 54 | | performances or concerts, online content creation, recordings, modeling, and33 |
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| 55 | 55 | | photography.34 |
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| 56 | 56 | | (2) 'Blocked trust account' or 'account' means the account provided for in Code35 |
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| 57 | 57 | | Section 39-2-18.1.36 |
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| 58 | 58 | | (3) 'Child performer' means a minor who agrees to render artistic or creative services.37 |
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| 59 | 59 | | Such term includes but is not limited to a minor who is an actor, dancer, musician,38 |
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| 60 | 60 | | comedian, singer, stunt person, voice-over artist, runway or print model, other performer39 |
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| 61 | 61 | | or entertainer, songwriter, musical producer, arranger, writer, director, producer,40 |
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| 62 | 62 | | production executive, choreographer, composer, conductor, or designer. Such term41 |
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| 63 | 63 | | includes a minor who is engaged in online content creation as provided for in Code42 |
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| 64 | 64 | | Section 39-2-18.2.43 |
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| 65 | 65 | | H. B. 418 |
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| 66 | 66 | | - 2 - 25 LC 52 0612 |
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| 67 | 67 | | (4) 'Gross earnings' means the total compensation payable to the child performer under44 |
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| 68 | 68 | | a contract or payable to a third-party individual for the artistic or creative services of the45 |
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| 69 | 69 | | child performer.46 |
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| 70 | 70 | | (5) 'Online content creator' means an individual, individuals, company, or other corporate47 |
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| 71 | 71 | | entity that creates, posts, shares, or otherwise interacts with digital content, video content,48 |
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| 72 | 72 | | articles, video blogs or vlogs, or images on an online platform in exchange for49 |
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| 73 | 73 | | compensation. Such term does not include a minor who produces their own content.50 |
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| 74 | 74 | | (6) 'Online platform' means a digital service that uses the internet to facilitate interactions51 |
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| 75 | 75 | | between two or more separate but interdependent users. Such term includes any public52 |
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| 76 | 76 | | website, web application, digital application, mobile application, social network,53 |
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| 77 | 77 | | advertising network, mobile operating system, search engine, email service, or internet54 |
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| 78 | 78 | | access service.55 |
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| 79 | 79 | | (b) Before the Commissioner of Labor shall give his or her written consent, as provided56 |
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| 80 | 80 | | in subsection (a) of this Code section, he for a child performer to be employed by or57 |
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| 81 | 81 | | permitted to work rendering artistic or creative services in this state, he or she shall58 |
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| 82 | 82 | | investigate and determine that:59 |
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| 83 | 83 | | (1) The That the environment in which the work is to be performed is proper for the60 |
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| 84 | 84 | | minor;61 |
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| 85 | 85 | | (2) The That the conditions of employment are not detrimental to the health of the minor62 |
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| 86 | 86 | | and are compliant with the scheduling restrictions as provided for in Code63 |
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| 87 | 87 | | Section 39-2-18.3;64 |
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| 88 | 88 | | (3) The That the minor's education will not be neglected or hampered by his or her65 |
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| 89 | 89 | | participation in any of the activities referred to in subsection (a); and as a child performer;66 |
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| 90 | 90 | | (4) The That the minor will not be used for pornographic purposes; and67 |
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| 91 | 91 | | (5) The minor's parent or legal guardian has established a blocked trust account68 |
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| 92 | 92 | | designating the minor as the beneficiary as provided for in Code Section 39-2-18.1.69 |
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| 93 | 93 | | H. B. 418 |
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| 94 | 94 | | - 3 - 25 LC 52 0612 |
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| 95 | 95 | | (c) The Department of Labor shall conduct periodic and unannounced site inspections at70 |
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| 96 | 96 | | locations where child performers are employed by or permitted to work rendering artistic71 |
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| 97 | 97 | | or creative services in this state to ensure compliance with the provisions of this chapter."72 |
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| 98 | 98 | | SECTION 3.73 |
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| 99 | 99 | | Said chapter is further amended by adding new Code sections to read as follows:74 |
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| 100 | 100 | | "39-2-18.1.75 |
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| 101 | 101 | | (a) A blocked trust account required to be established by a child performer's parent or legal76 |
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| 102 | 102 | | guardian shall provide, at a minimum, that:77 |
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| 103 | 103 | | (1) Except as provided in Code Section 39-2-18.2, at least 15 percent of the gross78 |
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| 104 | 104 | | earnings of the child performer shall be deposited into the account;79 |
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| 105 | 105 | | (2) The funds in the account shall be available only to the child performer;80 |
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| 106 | 106 | | (3) The account shall be held by a trust company, as defined in Code Section 44-5-111;81 |
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| 107 | 107 | | (4) The funds in the account shall become available to the child performer when the82 |
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| 108 | 108 | | minor reaches the age of majority or is declared emancipated; and83 |
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| 109 | 109 | | (5) The account meets the requirements of Article 5 of Chapter 5 of Title 44, 'The84 |
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| 110 | 110 | | Georgia Transfers to Minors Act.'85 |
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| 111 | 111 | | (b) The child performer's parent or legal guardian shall provide the child performer's86 |
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| 112 | 112 | | employer with the information necessary to transfer funds into the blocked trust account. 87 |
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| 113 | 113 | | Once such employer deposits funds into the account, such employer shall have no further88 |
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| 114 | 114 | | obligation or duty to monitor or account for such funds, and only the trustee shall be89 |
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| 115 | 115 | | obligated to monitor and account for such funds.90 |
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| 116 | 116 | | (c) If the child performer's parent or legal guardian fails to provide the child performer's91 |
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| 117 | 117 | | employer with the information necessary to transfer funds into the blocked trust account92 |
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| 118 | 118 | | within 30 days after the start of employment, funds that were to be transferred to the93 |
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| 119 | 119 | | account shall be reported and remitted to the state revenue commissioner in accordance94 |
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| 120 | 120 | | with Code Section 44-12-214 of the 'Disposition of Unclaimed Property Act.' The state95 |
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| 121 | 121 | | H. B. 418 |
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| 122 | 122 | | - 4 - 25 LC 52 0612 |
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| 123 | 123 | | revenue commissioner shall notify the Commissioner of Labor of the report and remittance96 |
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| 124 | 124 | | of such funds.97 |
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| 125 | 125 | | 39-2-18.2.98 |
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| 126 | 126 | | (a) A minor is considered engaged in the work of online content creation when the99 |
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| 127 | 127 | | following criteria are met at any time during the previous 12 month period:100 |
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| 128 | 128 | | (1) At least 30 percent of the online content creator's compensated video content101 |
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| 129 | 129 | | produced within a 30 day period included the likeness, name, or image of the minor. 102 |
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| 130 | 130 | | Such content percentage is measured by the percentage of time the likeness, name, or103 |
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| 131 | 131 | | image of the minor visually appears or is the subject of an oral narrative in a video104 |
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| 132 | 132 | | segment as compared to the total length of the segment; and105 |
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| 133 | 133 | | (2) The number of views received per video segment on any online platform met the106 |
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| 134 | 134 | | online platform's threshold for the generation of compensation or the online content107 |
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| 135 | 135 | | creator received actual compensation for video content equal to or greater than 10ยข per108 |
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| 136 | 136 | | view.109 |
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| 137 | 137 | | (b) All online content creators whose content features a minor engaged in the work of110 |
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| 138 | 138 | | online content creation shall maintain the following records and shall provide such records111 |
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| 139 | 139 | | to the minor or such minor's parent or legal guardian on an ongoing basis:112 |
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| 140 | 140 | | (1) The name and documented proof of the age of the minor engaged in the work of113 |
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| 141 | 141 | | online content creation;114 |
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| 142 | 142 | | (2) The amount of content that generated compensation as provided for in subsection (a)115 |
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| 143 | 143 | | of this Code section during the reporting period;116 |
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| 144 | 144 | | (3) The total number of minutes of the content for which the online content creator117 |
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| 145 | 145 | | received compensation during the reporting period;118 |
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| 146 | 146 | | (4) The total number of minutes each minor was featured in content during the reporting119 |
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| 147 | 147 | | period;120 |
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| 148 | 148 | | H. B. 418 |
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| 149 | 149 | | - 5 - 25 LC 52 0612 |
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| 150 | 150 | | (5) The total compensation generated from content featuring a minor during the reporting121 |
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| 151 | 151 | | period; and122 |
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| 152 | 152 | | (6) The amount deposited into the blocked trust account for the benefit of the minor123 |
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| 153 | 153 | | engaged in the work of online content creation.124 |
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| 154 | 154 | | (c) If an online content creator whose content features any minors engaged in the work of125 |
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| 155 | 155 | | online content creation fails to maintain the records as provided in subsection (b) of this126 |
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| 156 | 156 | | Code section, the minor or such minor's parent or legal guardian may commence a civil127 |
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| 157 | 157 | | action to enforce such subsection.128 |
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| 158 | 158 | | (d) A minor satisfying the criteria provided in subsection (a) of this Code section shall be129 |
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| 159 | 159 | | compensated by the online content creator. The online content creator shall set aside gross130 |
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| 160 | 160 | | earnings on the video content including the likeness, name, or image of the minor in a131 |
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| 161 | 161 | | blocked trust account according to the following distribution:132 |
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| 162 | 162 | | (1) When only one minor meets the content threshold described in subsection (a) of this133 |
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| 163 | 163 | | Code section, the percentage of total gross earnings on any video segment including the134 |
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| 164 | 164 | | likeness, name, or image of the minor that is equal to or greater than half of the content135 |
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| 165 | 165 | | percentage that includes the minor; or136 |
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| 166 | 166 | | (2) When more than one minor meets the content threshold described in subsection (a)137 |
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| 167 | 167 | | of this Code section and a video segment includes more than one such minor, the138 |
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| 168 | 168 | | percentage described in subsection (a) of this Code section for all minors in any segment139 |
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| 169 | 169 | | shall be equally divided between the minors, regardless of differences in percentage of140 |
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| 170 | 170 | | content provided by the individual minors.141 |
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| 171 | 171 | | (e) If an online content creator knowingly or recklessly violates the requirements provided142 |
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| 172 | 172 | | for in subsection (d) of this Code section, the minor or such minor's parent or legal143 |
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| 173 | 173 | | guardian may commence a civil action to enforce the provisions of such subsection. The144 |
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| 174 | 174 | | court may award to a minor who prevails in any action brought in accordance with this145 |
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| 175 | 175 | | Code section actual damages, punitive damages, and the costs of such action, including146 |
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| 176 | 176 | | attorney's fees and litigation costs.147 |
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| 177 | 177 | | H. B. 418 |
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| 178 | 178 | | - 6 - 25 LC 52 0612 |
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| 179 | 179 | | 39-2-18.3.148 |
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| 180 | 180 | | (a) The conditions of employment, including work schedules, for a child performer shall149 |
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| 181 | 181 | | not be detrimental to such minor's health, well-being, and education and shall include150 |
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| 182 | 182 | | required breaks for meals, rest, recreation, and education and any request for a break by the151 |
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| 183 | 183 | | minor, the minor's parent or guardian, or a representative of the Department of Labor when152 |
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| 184 | 184 | | in the interest of the minor.153 |
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| 185 | 185 | | (b) Notwithstanding any other provisions of this chapter to the contrary, the scheduling154 |
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| 186 | 186 | | restrictions for a child performer employed or permitted to work rendering artistic or155 |
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| 187 | 187 | | creative services shall be, at a minimum, as follows:156 |
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| 188 | 188 | | (1) No infants between birth and 15 days shall be permitted to be employed or permitted157 |
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| 189 | 189 | | to work;158 |
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| 190 | 190 | | (2) A minor between 15 days and six months old shall not start work before 9:30 A.M.,159 |
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| 191 | 191 | | shall not work more than 20 minutes per day, shall not be at a location for more than two160 |
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| 192 | 192 | | hours per day, and shall not work past 8:00 P.M.;161 |
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| 193 | 193 | | (3) A minor between six months and two years old shall not start work before 7:00 A.M.,162 |
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| 194 | 194 | | shall not work more than two hours per day, shall not be at a location for more than four163 |
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| 195 | 195 | | hours per day, and shall not work past 7:00 P.M.;164 |
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| 196 | 196 | | (4) A minor between two and six years old shall not start work before 7:00 A.M., shall165 |
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| 197 | 197 | | not work more than three hours per day, shall not be at a location for more than six hours166 |
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| 198 | 198 | | per day, and shall not work past 7:00 P.M.;167 |
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| 199 | 199 | | (5) A minor between six and nine years old shall not start work before 7:00 A.M., shall168 |
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| 200 | 200 | | not work more than four hours per day, shall not be at a location for more than eight169 |
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| 201 | 201 | | hours per day, and shall not work past 10:00 P.M.;170 |
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| 202 | 202 | | (6) A minor between nine and 16 years old shall not start work before 7:00 A.M., shall171 |
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| 203 | 203 | | not work more than five hours per day, shall not be at a location for more than ten hours172 |
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| 204 | 204 | | per day, and shall not work past 10:00 P.M. on a school night or 12:30 A.M. on a173 |
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| 205 | 205 | | nonschool night; and174 |
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| 206 | 206 | | H. B. 418 |
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| 207 | 207 | | - 7 - 25 LC 52 0612 |
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| 208 | 208 | | (7) A minor who is 16 or 17 years old shall not start work before 7:00 A.M., shall not175 |
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| 209 | 209 | | work more than eight hours per day, shall not be at a location for more than 12 hours per176 |
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| 210 | 210 | | day, and shall not work past 10:00 P.M. on a school night or 12:30 A.M. on a nonschool177 |
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| 211 | 211 | | night.178 |
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| 212 | 212 | | (c) The Commissioner of Labor is authorized to make limited exceptions to the scheduling179 |
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| 213 | 213 | | restrictions provided for in paragraph (7) of subsection (b) of this Code section for unique180 |
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| 214 | 214 | | child performers, circumstances, or events only."181 |
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| 215 | 215 | | SECTION 4.182 |
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| 216 | 216 | | This Act shall become effective upon its approval by the Governor or upon its becoming law183 |
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| 217 | 217 | | without such approval.184 |
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| 218 | 218 | | SECTION 5.185 |
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| 219 | 219 | | All laws and parts of laws in conflict with this Act are repealed.186 |
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| 220 | 220 | | H. B. 418 |
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| 221 | 221 | | - 8 - |
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