Bill Summary – FastDemocracy

PRINTER'S NO.    3235
                     THE GENERAL ASSEMBLY OF PENNSYLVANIA
                         HOUSE BILL
                         No. 2377
                                               Session of
                                                 2024
     INTRODUCED BY ECKER, KINSEY, KEEFER, GROVE, MOUL, SMITH AND
        GREGORY, JUNE 4, 2024
     REFERRED TO COMMITTEE ON CHILDREN AND YOUTH, JUNE 4, 2024
                                    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.
    The General Assembly of the Commonwealth of Pennsylvania
 hereby enacts as follows:
    Section 1.    Section 2 of the act of October 24, 2012
 (P.L.1209, No.151), known as the Child Labor Act, 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:
    * * *
    "Digital content."    As follows:
        (1)   Content that is created by a person, including an
    individual or entity assuming the name or identity of a
    particular individual or entity, and shared on an online
    platform for compensation or other consideration.
        (2)    The term includes any of the following:
               (i)    Video recording and filming, including a travel
        vlog.
               (ii)    Audio recording.
               (iii)    Photo and image sharing.
               (iv)    Visual stories.
               (v)    Texting or blogging.
    * * *
    "Online platform."      A publicly accessible Internet website,
 web application or digital application, including a mobile
 application, social network, advertising network, mobile
 operating system, search engine, email service or Internet
 access service.
    * * *
    "School entity."      Any of the following:
        (1)    A school district or public school within this
    Commonwealth.
        (2)    An intermediate unit under Article IX-A of the act
    of March 10, 1949 (P.L.30, No.14), known as the Public School
    Code of 1949.
        (3)    A charter school, cyber charter school or regional
    charter school under Article XVII-A of the Public School Code
    of 1949.
        (4)    An area career and technical school under Article
    XVIII of the Public School Code of 1949.
        (5)    A nonpublic school as defined in section 922.1-A of
    the Public School Code of 1949.
        (6)    A private academic school as defined in section 2 of
    the act of January 28, 1988 (P.L.24, No.11), known as the
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    Private Academic Schools Act.
    * * *
    Section 2.        Section 5(a) of the act is amended by adding a
 paragraph, subsection (f) is amended by adding an introductory
 paragraph and the section is amended by adding a subsection to
 read:
 Section 5.     Employment of minors in a performance.
    (a)   General rule.--For purposes of this section, a minor is
 engaged in a performance if:
          * * *
          (3)     The minor participates in the creation of digital
    content that expressly depends upon the minor's
    participation, the minor's participation is substantial and
    any person receives remuneration for the minor's
    participation. For the purposes of this subsection:
                (i)    Remuneration shall include one or more monetary
          payments made by the online platform in which the digital
          content was uploaded or any other payment that is made in
          connection with the digital content by a third party.
                (ii)    Payments referenced under subparagraph (i)
          shall include advertisement revenue, affiliated links,
          video sponsorships and paid memberships.
                (iii)    Remuneration 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 digital content with a value of less than
          $2,500.
                (iv)    "Substantial" shall mean the minor is a
          principal subject of the digital content or the minor
          participates in the creation of the digital content for
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          ten or more days in a 30-day period.
    * * *
    (f)   Education.--Subject to subsection (f.1):
          * * *
    (f.1)   Applicability of education requirements.--Subsection
 (f) shall not apply to a minor who is absent from school because
 the minor is participating in the creation of digital content
 while on an educational tour or trip, as described in section
 1329(a.1) of the Public School Code of 1949, and the following
 requirements are met:
          (1)   A parent or legal guardian of the minor requests and
    receives approval from the school entity for the minor to be
    excused from school attendance because of the educational
    tour or trip.
          (2)   A parent or legal guardian of the minor and the
    minor make arrangements with the school entity to complete
    any assignments that will be missed during the educational
    tour or trip.
          (3)   The creation of the digital content is solely used
    to showcase the educational tour or trip.
    * * *
    Section 3.    This act shall take effect in 180 days.
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Statutes/Laws affected: 
Printer's No. 3235: P.L.1209, No.151, P.L.24, No.11