HOUSE OF REPRESENTATIVES |
H.B. NO. |
874 |
THIRTY-THIRD LEGISLATURE, 2025 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to child performers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that the Coogan Act, also known as the California Child Actor's Bill, was first passed in California in 1939 to protect child actors from exploitation in the entertainment industry. The act was named after actor Jackie Coogan, who became one of the highest-paid child stars of his time, only to have his earnings mismanaged by his parents, leaving him with little financial security when he reached adulthood. The Coogan Act has had a lasting impact by securing financial protection for child actors, ensuring that they can enjoy the benefits of their hard work once they become adults, and promoting greater responsibility in the entertainment industry.
The purpose of this Act is to protect the safety, morals, health, and well-being of child performers who work or reside in the State by requiring that a portion of the child performer's earnings are kept in trust for the benefit of the child performer until the child reaches the age of majority.
SECTION 2. Chapter 390, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:
"§390-A Mandatory trust
account. (a) The
parent or legal guardian of a minor in theatrical employment shall establish a
trust account for the benefit of the minor prior to the minor's first instance
of theatrical employment and shall maintain the account until the custodian of
the account transfers the contents of the account to the minor or the minor's
estate.
(b) The
employer of the minor in theatrical employment shall deposit at least fifteen
per cent of the minor's gross earnings to the trust account for the minor's
benefit until the minor attains majority or is emancipated.
(c) The
trust account shall be established with an independent third-party trustee that
ensures the security and growth of the trust account and that provides the
minor and the minor's legal guardians with quarterly statements.
§390-B Financial oversight. (a) Any contracts or agreements involving a minor
in theatrical employment shall be signed by at least one parent or legal
guardian.
(b) A
parent or legal guardian of a minor in theatrical employment may access the
funds within the mandatory trust account established pursuant to section 390‑A,
for the minor, but only for the benefit of the minor. Any misappropriation or fraudulent use of
funds is subject to penalties."
SECTION 3. Section 390-1, Hawaii Revised Statutes, is amended by amending the definition of "theatrical employment" to read as follows:
""Theatrical employment" means gainful occupation as a model, dancer, singer, musician, social media influencer, entertainer, or motion picture, television, radio or theatrical performer."
SECTION 4. In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.
SECTION 5. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval.
INTRODUCED BY: |
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Report Title:
Child Labor Law; Child Performers; Trust Accounts; Theatrical Employment; Social Media Influencers
Description:
Requires a parent or legal guardian of a minor in theatrical employment to establish a trust account for the minor. Requires the employer of a minor in theatrical employment to deposit a portion of the minor's earnings into the trust account until the child becomes an adult. Clarifies that theatrical employment, as used in the State's child labor law, includes gainful occupation as a social media influencer.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.