Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 322 (2025GS)

Sponsor

Rep. Owens, Doug

Final action

Governor Signed 3/25/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• requires that a parent or guardian establish a trust for a minor involved in entertainment;
• provides the circumstances under which a child of a content creator is not subject to trust and compensation requirements;
• provides the circumstances under which a parent or guardian may serve as the trustee of a trust for a minor involved in entertainment;
• provides the requirements for a performer's employer when depositing a percentage of the earnings of a minor involved in entertainment into a trust;
• establishes a right of action for a minor involved in entertainment;
• requires that a content creator maintain a record that relates to a minor featured in the content creator's content;
• requires that a content creator inform a minor's parents that the minor is featured in the content creator's content;
• requires that a minor's parent or guardian establish a trust for the minor featured in social media content under certain conditions;
• establishes limitations related to the trust established for a minor featured in social media content;
• establishes a formula for a content creator to calculate the percentage of any earnings from social media that feature a minor and to transfer the earnings to the minor's trust;
• provides exemptions from the trust and compensation requirements;
• establishes a right of action for an individual featured in social media content as a minor;

Every vote on this bill

Bill text

26
34-23-501
34-23-502
34-23-503
34-23-504
0
Child Actor Regulations
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Doug Owens
Senate Sponsor: Scott D. Sandall
LONG TITLE
General Description:
This bill enacts provisions related to minors involved in entertainment.
Highlighted Provisions:
This bill:
defines terms;
requires that a parent or guardian establish a trust for a minor involved in entertainment;
provides the circumstances under which a child of a content creator is not subject to trust 
and compensation requirements;
provides the circumstances under which a parent or guardian may serve as the trustee of a 
trust for a minor involved in entertainment;
provides the requirements for a performer's employer when depositing a percentage of the 
earnings of a minor involved in entertainment into a trust;
establishes a right of action for a minor involved in entertainment;
requires that a content creator maintain a record that relates to a minor featured in the 
content creator's content;
requires that a content creator inform a minor's parents that the minor is featured in the 
content creator's content;
requires that a minor's parent or guardian establish a trust for the minor featured in social 
media content under certain conditions;
establishes limitations related to the trust established for a minor featured in social media 
content;
establishes a formula for a content creator to calculate the percentage of any earnings 
from social media that feature a minor and to transfer the earnings to the minor's trust;
provides exemptions from the trust and compensation requirements;
establishes a right of action for an individual featured in social media content as a minor;
establishes a process by which a content creator may petition a court for an exception to 
the requirement to divide earnings from social media featuring a minor;
grants an individual featured in social media content as a minor a right of deletion;
requires that a social media company maintain a readily available process by which an 
individual featured in social media content as a minor may request that a content creator 
delete content featuring the individual featured in social media content as a minor;
provides a process by which an individual may petition a court to require that a content 
creator delete the individual's content; 
provides for an award of attorney fees and damages; and
provides the circumstances under which the provisions of this bill supersede a contractual 
provision related to disputes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
ENACTS:
34-23-501
, Utah Code Annotated 1953
34-23-502
, Utah Code Annotated 1953
34-23-503
, Utah Code Annotated 1953
34-23-504
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
34-23-501
 is enacted to read:
5. Employment of Minors in Entertainment
34-23-501
. Definitions.
As used in this part:
(1)
(a)
"Administrative cost" means a reasonable cost that a content creator incurs when 
making social media content.
(b)
"Administrative cost" includes:
(i)
an expense directly related to the production of social media content; and
(ii)
a social media service fee.
(c)
"Administrative cost" does not mean any income a content creator pays to the 
content creator.
(2)
"Compensated content" means paid minutes that feature a qualifying minor's personal 
content.
(3)
(a)
"Content creator" means an individual who produces social media content.
(b)
"Content creator" does not include a minor who is the sole producer of the minor's 
own social media content.
(4)
"Content share" means a determination, that a content creator makes on the first of each 
calendar month, of the percentage of minutes of a content creator's social media content 
that:
(a)
were published in the calendar month immediately before the day on which the 
content creator makes the determination; and
(b)
feature the personal content of an individual other than the content creator.
(5)
"Emotional harm or substantial embarrassment" means psychological or emotional 
distress a reasonable, similarly situated individual would feel resulting from the 
individual's personal content appearing in a content creator's social media content.
(6)
"Income from social media" means the income a content creator receives from creating 
social media content after the content creator makes reasonable deductions for 
administrative costs.
(7)
"Market value compensated minor" means a minor who:
(a)
in a calendar year, has an average monthly content share of at least 30% of a content 
creator's content;
(b)
is featured in social media content where the content creator:
(i)
received income from social media of at least $150,000 in a calendar year; and
(ii)
is the parent or guardian of the minor;
(c)
receives compensation for appearing in a content creator's content that is 
substantially equivalent to the compensation that similarly situated represented 
minors would receive;
(d)
is not represented in negotiations relating to the minor's appearance in the content 
creator's content; and
(e)
is not a qualified minor or a represented minor.
(8)
"Minor" means an individual who is under 18 years old.
(9)
"Minor content earnings" means any portion of income from social media that resulted 
from paid minutes featuring a qualifying minor.
(10)
"Paid minutes" means the total number of minutes of social media content that 
generates income from social media.
(11)
(a)
"Performer" means an individual who, either directly or through a third-party:
(i)
renders artistic or creative services in a motion picture, theater, radio, television 
production, or social media content in exchange for compensation under an 
employment contract;
(ii)
agrees to sell, lease, license, transfer, exchange, or otherwise dispose of for the 
purpose of use in motion pictures or theatrical, radio, or television productions:
(A)
literary, musical, artistic, or dramatic properties;
(B)
the use of the individual's name, likeness, recording, or performance; or
(C)
the story of or the incidents in the life of the individual; or
(iii)
appears in social media content as a market value compensated minor.
(b)
"Performer" includes an individual who engages in an activity described in 
Subsection (11)(a)(i) or (ii) as:
(i)
an actor or actress;
(ii)
a dancer;
(iii)
a musician;
(iv)
a stunt double;
(v)
a writer;
(vi)
a director;
(vii)
a producer;
(viii)
a choreographer;
(ix)
a composer;
(x)
a conductor;
(xi)
a designer; or
(xii)
a represented minor.
(12)
"Personal content" means social media content that features an individual's name, 
likeness, or photograph, or for which an individual is the subject of an oral narrative.
(13)
"Qualifying minor" means a minor who:
(a)
a content creator determines on January 1 of each year, that in the immediately 
preceding calendar year:
(i)
had an average monthly content share of at least 30% of a content creator's 
content; and
(ii)
was featured in social media content where the content creator received income 
from social media of at least $150,000 in a calendar year; and
(b)
is not a represented minor or a market value compensated minor.
(14)
"Represented minor" means a minor:
(a)
in a calendar year, has an average monthly content share of at least 30% of a content 
creator's content;
(b)
who is featured in social media content where the content creator received income 
from social media of at least $150,000 in a calendar year;
(c)
(i)
who is represented by a parent, guardian, attorney, or other individual with a 
fiduciary duty to the minor and who is not the content creator in negotiations 
relating to a minor's appearance in a content creator's social media content; and
(ii)
whose parent, guardian, attorney, or other individual with a fiduciary duty to the 
minor enters into an employment agreement with the content creator.
(15)
"Social media company" means the same as that term is defined in Section 
13-71-101
.
(16)
"Social media content" means video content shared on a social media service that 
meets the social media service's threshold for the generation of income from social 
media.
(17)
"Social media service" means the same as that term is defined in Section 
13-71-101
.
Section 2, Section 
34-23-502
 is enacted to read:
34-23-502
. Minors employed as performers -- Trust required -- Cause of action.
(1)
As used in this section, "employer," as that term relates to a market value compensated 
minor, means the market value compensated minor's parent or guardian.
(2)
On or before January 30 of a calendar year, if in the preceding calendar year a performer 
earned income of $20,000 or more, the performer's parent or guardian shall:
(a)
establish a trust for the benefit of the performer in accordance with Title 75A, 
Chapter 8, Uniform Transfer to Minors; and
(b)
unless the performer is a market value compensated minor, notify the performer's 
employer of the existence of the trust and any additional information required for the 
employer to transfer gross earnings to the trust.
(3)
(a)
Subject to Subsection 
(3)(b)
, the performer's parent or guardian may serve as the 
trustee of the trust.
(b)
If the average monthly balance of the trust exceeds $250,000 for a consecutive 
period of at least six months:
(i)
the trustee of the trust shall petition a court to appoint a trustee to replace the 
trustee; and
(ii)
after receiving a petition under Subsection (3)(b)(i), a court shall appoint a new 
trustee to replace the trustee.
(c)
A performer's parent or guardian may not access the funds in the trust.
(d)
A beneficiary of a trust established under this section may access the funds in the 
trust beginning the day on which the beneficiary turns 18 years old.
(4)
The performer's employer shall transfer 15% of the performer's gross earnings into the 
trust:
(a)
no later than 30 days after the day on which the minor's employment terminates if the 
minor's term of employment is 30 days or fewer; or
(b)
on the same date that the employer makes payments in accordance with the 
employer's regular pay period, if the performer's term of employment is more than 30 
days.
(5)
The performer's employer shall make the transfer described in Subsection (4) in 
accordance with Title 75A, Chapter 8, Uniform Transfer to Minors.
(6)
After the performer's employer completes the transfer described in Subsection (4), the 
performer's employer has no further obligations under this section.
(7)
Notwithstanding any other statute of limitation or repose that may be applicable to an 
action described in this section, an individual, for up to five years after the day on which 
the individual turns 18 years old, has a right of action against:
(a)
an employer if the employer fails to transfer funds to the individual's trust as required 
under this section;
(b)
an individual's parent or guardian if the individual's parent or guardian fails to:
(i)
establish a trust as required under this section; or
(ii)
notify the individual's employer of the existence of the trust as required under this 
section; and
(c)
the trustee of the individual's trust, if the trustee failed to appoint a trust company to 
serve as trustee of the trust as required under this section.
(8)
If an individual brings a cause of action under Subsection 
(7)
, a court may award:
(a)
actual damages;
(b)
punitive damages;
(c)
any other remedy provided by law; and
(d)
reasonable costs and attorney fees.
Section 3, Section 
34-23-503
 is enacted to read:
34-23-503
. Qualifying minors -- Trust required -- Cause of action.
(1)
A content creator that produces social media content featuring a qualifying minor shall 
maintain a monthly record of:
(a)
income from social media;
(b)
the qualifying minor's name and documentation of the qualifying minor's age;
(c)
paid minutes;
(d)
minor content earnings;
(e)
compensated content; and
(f)
the funds transferred into a trust for the benefit of a qualifying minor, as described in 
Subsection (5).
(2)
The content creator shall:
(a)
retain the records described in Subsection (1) for at least two years after the day on 
which the content creator creates the records;
(b)
provide notice to the qualifying minor of the existence of the records; and
(c)
make the records readily available to the minor for review upon request from the 
qualifying minor.
(3)
(a)
If any portion of a content creator's social media content contains a minor, on 
January 1 of each year, the content creator shall make a determination as to whether 
the minor is a qualifying minor.
(b)
If a content creator determines that a minor is a qualifying minor, the content creator 
shall inform the qualifying minor's parent or guardian, in writing and within 15 
business days:
(i)
that the minor is a qualifying minor; and
(ii)
of any compensation the content creator shall pay to the qualifying minor in 
accordance with Subsection (5).
(c)
Within 15 days after the day on which the content creator informs the qualifying 
minor's parent or guardian as described in Subsection 
(3)(b)
, the parent or guardian of 
the qualifying minor shall, if the total amount of compensation described in 
Subsection 
(3)(b)(ii)
 equals or exceeds $20,000:
(i)
establish a trust for the benefit of the qualifying minor in accordance with Title 
75A, Chapter 8, Uniform Transfer to Minors;
(ii)
notify the content creator of the existence of the trust; and
(iii)
provide any additional information required for the content creator to make 
transfers of gross earnings into the trust.
(d)
If the parent or guardian of the qualifying minor is the content creator, the 
requirement to notify the qualifying minor's parent or guardian described in 
Subsections 
(3)(b)
 and (3)(c) does not apply.
(4)
(a)
The qualifying minor's parent or guardian may serve as the trustee of the trust.
(b)
If the average monthly balance of the trust exceeds $250,000 for a consecutive 
period of at least six months:
(i)
the trustee of the trust shall petition a court to appoint a trustee to replace the 
trustee; and
(ii)
after receiving a petition under Subsection 
(4)(c)(i)
, a court shall appoint a new 
trustee to replace the trustee.
(c)
The qualifying minor's parent or guardian may not access the funds in the trust.
(d)
A beneficiary of a trust established under this section may access the funds in the 
trust beginning the day on which the beneficiary turns 18 years old.
(5)
(a)
If a content creator's content had minor content earnings in the previous month, a 
content creator shall use the formula E = (A/T) * (Q/S) * (M/2) or the formula E = 
(A/T) * (1/X) * (M/2) to determine the qualifying minor's earnings to transfer to each 
qualifying minor where:
(i)
E = a qualifying minor's earnings;
(ii)
A = all paid minutes featuring any qualifying minor;
(iii)
T = total paid minutes;
(iv)
Q = paid minutes featuring the qualifying minor;
(v)
S = the sum of paid minutes for all qualifying minors;
(vi)
M = the preceding month's income from social media; and
(vii)
X = the total number of qualifying minors; and
(b)
(i)
subject to Subsection 
(5)(b)(ii)
, transfer the minor's earnings described in 
Subsection 
(5)(a)(i)
 directly to the qualifying minor; or
(ii)
after the qualifying minor's parent or guardian establishes a trust as described in 
Subsection 
(3)(c)
, transfer the qualifying minor's earnings calculated to each 
qualifying minor's trust.
(6)
(a)
The content creator shall make a transfer described in Subsection (5) in 
accordance with Title 75A, Chapter 8, Uniform Transfer to Minors.
(b)
The content creator shall make the calculations and the transfers described in 
Subsection 
(5)
 before the end of the month following the month in which the content 
creator received minor content earnings.
(7)
(a)
A content creator may petition a court for an exception to Subsection (5) if:
(i)
the content creator shows complying with Subsection (5) causes undue hardship;
(ii)
the content creator provides an alternative plan to distribute compensation to a 
qualifying minor; and
(iii)
the content creator commits to establishing an alternative trust that complies with 
the requirements of this section.
(b)
A court shall issue an order granting an exception to Subsection (5) if the court 
determines:
(i)
the content creator adequately shows that complying with Subsection (5) causes 
undue hardship; and
(ii)
the alternative plan described in Subsection (7)(a)(ii) is in the best interest of the 
qualifying minor.
(8)
Notwithstanding any other statute of limitation or repose that may be applicable to an 
action described in this section, an individual, for up to five years after the day on which 
the individual turns 18 years old, has a right of action:
(a)
against:
(i)
a content creator if the content creator fails to transfer funds to the individual's 
trust during the time the individual was a qualifying minor as required under this 
section;
(ii)
a trustee if the trustee fails to appoint a trust company to serve as the trustee as 
required under this section; and
(iii)
an individual's parent or guardian, if the parent or guardian fails to:
(A)
establish a trust as required under this section; or
(B)
notify the content creator of the existence of the trust as required under this 
section; and
(b)
only if a court did not issue an order granting an exception as described in 
Subsection 
(7)(b)
.
(9)
If an individual brings a cause of action under Subsection (8), a court may award:
(a)
actual damages;
(b)
punitive damages;
(c)
any other remedy provided by law; and
(d)
reasonable costs and attorney fees.
(10)
 A minor that creates, produces, or publishes the minor's own social media content is 
entitled to all compensation resulting from the social media content.
(11)
The provisions of this section supersede any agreement related to venue, arbitration, or 
mediation in a contract entered into after May 7, 2025, between a qualifying minor and a 
content creator.
Section 4, Section 
34-23-504
 is enacted to read:
34-23-504
. Minor's right of deletion.
(1)
An individual, who is at least 18 years old, may request that a content creator delete or 
edit any social media content that the content creator posted featuring the individual as a 
qualifying minor or a market value compensated minor by making a request to a social 
media company.
(2)
The social media company may verify the age of the individual when the individual 
submits the request to delete or edit the content creator's post featuring the individual as 
a qualifying minor or market value compensated minor.
(3)
A social media company shall provide a readily apparent process for an individual 
described in Subsection (1) to submit a request for a content creator to:
(a)
delete the post from the social media platform; or
(b)
edit posts to remove the individual's personal content.
(4)
An individual submitting a request under this section shall include all information 
reasonably requested by the social media company to identify the individual and the 
social media content featuring the individual as a qualifying minor or a market value 
compensated minor that the individual requests to delete or edit.
(5)
Upon receiving a request described in Subsection 
(1)
, a social media company shall 
inform the content creator of the request within three business days after the day on 
which the social media company receives the request.
(6)
(a)
Within ten business days after the day on which the content creator receives the 
notice described in Subsection (5), the content creator shall:
(i)
delete or edit the social media content described in the request; or
(ii)
notify the social media company of:
(A)
the content creator's decision to not delete or edit the social media content; and
(B)
the content creator's reason for not deleting or editing the social media content.
(b)
The social media company shall inform the individual making the request of the 
content creator's decision under Subsection 
(6)(a)
 within three business days after the 
day on which the social media company receives notification from the content creator.
(7)
(a)
Subject to Subsection 
(7)(d)
, an individual who was a qualifying minor or a 
market value compensated minor has a right of action under this section against the 
content creator if the content creator does not edit or delete social media content that 
features the individual after a request described in Subsection 
(1)
.
(b)
If an individual brings an action in accordance with Subsection 
(7)(a)
, a court shall 
consider:
(i)
any emotional harm or substantial embarrassment the social media content causes 
the individual;
(ii)
the interests of the content creator in the social media content; and
(iii)
the public interest served by the social media content.
(c)
If the court issues an order requiring the content creator to delete the social media 
content that is the subject of the individual's request, the court shall award the 
individual:
(i)
if the content creator's social media content featured the individual as a qualifying 
minor:
(A)
actual damages; and
(B)
reasonable costs and attorney fees; or
(ii)
if the content creator's social media content featured the individual as a market 
value compensated minor, actual damages that occurred after the day on which the 
individual turned 18 years old.
(d)
An individual who was a market value compensated minor may bring an action 
under this Subsection 
(7)
 for up to the later of:
(i)
three years after the day on which the individual turns 18 years old; or
(ii)
three years after the day on which the individual knew or should have known that 
the social media content inflicted emotional harm or substantial embarrassment.
(8)
The provisions of this section supersede any agreement related to venue, arbitration, or 
mediation in a contract entered into after May 7, 2025, between an individual petitioning 
a court to edit or delete the social media content and a social media service.
Section 5. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
3-12-25 12:39 PM