S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  312--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 4, 2023
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Labor -- recommitted to the Committee on Labor in accord-
   ance with Assembly Rule  3,  sec.  2  --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee

 AN ACT to amend the labor law and the estates, powers and trusts law, in
   relation to establishing protections for minors who  are  featured  in
   influencer-generated content
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 150 of the labor law is amended by adding four  new
 subdivisions 9, 10, 11 and 12 to read as follows:
   9.  "FAMILY"  SHALL  MEAN  A  GROUP  OF  PERSONS  RELATED  BY BLOOD OR
 MARRIAGE, INCLUDING CIVIL PARTNERSHIPS, OR WHOSE CLOSE RELATIONSHIP WITH
 EACH OTHER IS CONSIDERED EQUIVALENT TO  A  FAMILY  RELATIONSHIP  BY  THE
 INDIVIDUALS.
   10. "ONLINE PLATFORM" SHALL MEAN ANY PUBLIC-FACING WEBSITE, WEB APPLI-
 CATION,  OR DIGITAL APPLICATION, INCLUDING A MOBILE APPLICATION. "ONLINE
 PLATFORM" INCLUDES A SOCIAL NETWORK, ADVERTISING NETWORK, MOBILE OPERAT-
 ING SYSTEM, SEARCH ENGINE, EMAIL SERVICE, OR INTERNET ACCESS SERVICE.
   11. "INFLUENCER-GENERATED CONTENT" SHALL MEAN  CONTENT  SHARED  ON  AN
 ONLINE PLATFORM IN EXCHANGE FOR COMPENSATION.
   12. "INFLUENCER" SHALL MEAN AN INDIVIDUAL OR FAMILY THAT CREATES VIDEO
 CONTENT,  PERFORMED  IN  THE  STATE,  IN  EXCHANGE FOR COMPENSATION, AND
 INCLUDES ANY SOLE PROPRIETORSHIP, PARTNERSHIP, COMPANY, OR OTHER  CORPO-
 RATE  ENTITY ASSUMING THE NAME OR IDENTITY OF A PARTICULAR INDIVIDUAL OR
 FAMILY FOR THE PURPOSES OF THAT CONTENT CREATION. "INFLUENCER" DOES  NOT
 INCLUDE ANY PERSON UNDER THE AGE OF EIGHTEEN WHO PRODUCES HIS OR HER OWN
 PIECES OF INFLUENCER-GENERATED CONTENT.
   §  2.  Section  154-a of the labor law is renumbered section 156 and a
 new section 155 is added to read as follows:
   § 155. MINORS FEATURED IN INFLUENCER-GENERATED  CONTENT.  1.  A  MINOR
 UNDER THE AGE OF EIGHTEEN IS CONSIDERED ENGAGED IN WORK AS AN INFLUENCER
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD01323-02-4
 A. 312--A                           2
 
 WHEN  THE  FOLLOWING  CRITERIA  ARE  MET AT ANY TIME DURING THE PREVIOUS
 TWELVE-MONTH PERIOD:
   (A)  AT  LEAST  THIRTY  PERCENT  OF  AN INFLUENCER'S COMPENSATED VIDEO
 CONTENT PRODUCED WITHIN A THIRTY-DAY PERIOD INCLUDED THE LIKENESS, NAME,
 OR PHOTOGRAPH OF THE MINOR.   CONTENT  PERCENTAGE  IS  MEASURED  BY  THE
 PERCENTAGE  OF TIME THE LIKENESS, NAME, OR PHOTOGRAPH OF THE MINOR VISU-
 ALLY APPEARS OR IS THE SUBJECT OF AN ORAL NARRATIVE IN A VIDEO  SEGMENT,
 AS COMPARED TO THE TOTAL LENGTH OF THE SEGMENT; AND
   (B) THE NUMBER OF VIEWS RECEIVED PER VIDEO SEGMENT ON ANY ONLINE PLAT-
 FORM  MET  THE ONLINE PLATFORM'S THRESHOLD FOR THE GENERATION OF COMPEN-
 SATION OR THE INFLUENCER RECEIVED ACTUAL COMPENSATION FOR VIDEO  CONTENT
 EQUAL TO OR GREATER THAN TEN CENTS PER VIEW.
   2.  A  MINOR  ENGAGED  IN  WORK AS AN INFLUENCER SHALL NOT BE DEEMED A
 CHILD PERFORMER FOR THE PURPOSES OF THIS ARTICLE IN REGARDS TO SUCH WORK
 AS AN INFLUENCER.
   3. EVERY INFLUENCER WHOSE INFLUENCER-GENERATED CONTENT FEATURES MINORS
 UNDER THE AGE OF EIGHTEEN ENGAGED IN WORK AS INFLUENCERS SHALL ESTABLISH
 A MINOR INFLUENCER TRUST ACCOUNT PURSUANT TO THE PROVISIONS  OF  SECTION
 7-7.2 OF THE ESTATES, POWERS AND TRUSTS LAW FOR EACH SUCH MINOR.
   4.  ALL  INFLUENCERS  WHOSE  CONTENT FEATURES A MINOR UNDER THE AGE OF
 EIGHTEEN ENGAGED IN WORK AS AN INFLUENCER SHALL MAINTAIN  THE  FOLLOWING
 RECORDS AND SHALL PROVIDE THEM TO THE MINOR ON AN ONGOING BASIS:
   (A)  THE NAME AND DOCUMENTARY PROOF OF THE AGE OF THE MINOR ENGAGED IN
 WORK AS AN INFLUENCER;
   (B) THE NUMBER OF PIECES OF INFLUENCER-GENERATED CONTENT  THAT  GENER-
 ATED COMPENSATION AS DESCRIBED IN SUBDIVISION ONE OF THIS SECTION DURING
 THE REPORTING PERIOD;
   (C)  THE  TOTAL  NUMBER OF MINUTES OF THE INFLUENCER-GENERATED CONTENT
 THAT THE INFLUENCER RECEIVED COMPENSATION FOR DURING THE REPORTING PERI-
 OD;
   (D) THE TOTAL NUMBER OF MINUTES EACH MINOR WAS FEATURED  IN  INFLUENC-
 ER-GENERATED CONTENT DURING THE REPORTING PERIOD;
   (E) THE TOTAL COMPENSATION GENERATED FROM INFLUENCER-GENERATED CONTENT
 FEATURING A MINOR DURING THE REPORTING PERIOD; AND
   (F) THE AMOUNT DEPOSITED INTO THE TRUST ACCOUNT FOR THE BENEFIT OF THE
 MINOR  ENGAGED IN WORKING AS AN INFLUENCER, AS REQUIRED BY SECTION 7-7.2
 OF THE ESTATES, POWERS AND TRUSTS LAW.
   5. IF A INFLUENCER WHOSE INFLUENCER-GENERATED CONTENT FEATURES  MINORS
 UNDER  THE AGE OF EIGHTEEN ENGAGED IN WORK AS INFLUENCERS FAILS TO MAIN-
 TAIN THE RECORDS AS PROVIDED IN SUBDIVISION FOUR OF  THIS  SECTION,  THE
 MINOR  MAY  COMMENCE  A  CIVIL  ACTION TO ENFORCE THE PROVISIONS OF THIS
 SECTION.
   § 3. The estates, powers and trusts law is amended  by  adding  a  new
 section 7-7.2 to read as follows:
 § 7-7.2 MINOR INFLUENCER TRUST ACCOUNT
   1.  AS  USED  IN THIS SECTION, THE TERMS "INFLUENCER" AND "INFLUENCER-
 GENERATED CONTENT" SHALL HAVE  THE  SAME  MEANINGS  AS  SUCH  TERMS  ARE
 DEFINED IN SECTION ONE HUNDRED FIFTY OF THE LABOR LAW.
   2.  A  MINOR  SATISFYING  THE CRITERIA DESCRIBED IN SUBDIVISION ONE OF
 SECTION ONE HUNDRED FIFTY-FIVE OF THE LABOR LAW MUST BE  COMPENSATED  BY
 THE  INFLUENCER.  THE  INFLUENCER  SHALL SET ASIDE GROSS EARNINGS ON THE
 VIDEO CONTENT INCLUDING THE LIKENESS, NAME, OR PHOTOGRAPH OF  THE  MINOR
 IN  A  TRUST  ACCOUNT  TO BE PRESERVED FOR THE BENEFIT OF THE MINOR UPON
 REACHING THE AGE OF MAJORITY, ACCORDING TO THE FOLLOWING DISTRIBUTION:
   (A) WHERE ONLY ONE MINOR MEETS  THE  CONTENT  THRESHOLD  DESCRIBED  IN
 SECTION ONE HUNDRED FIFTY-FIVE OF THE LABOR LAW, THE PERCENTAGE OF TOTAL
 A. 312--A                           3
 
 GROSS  EARNINGS  ON  ANY  VIDEO SEGMENT INCLUDING THE LIKENESS, NAME, OR
 PHOTOGRAPH OF THE MINOR THAT IS EQUAL TO OR GREATER  THAN  HALF  OF  THE
 CONTENT  PERCENTAGE  THAT INCLUDES THE MINOR AS DESCRIBED IN SECTION ONE
 HUNDRED FIFTY-FIVE OF THE LABOR LAW; OR
   (B) WHERE MORE THAN ONE MINOR MEETS THE CONTENT THRESHOLD DESCRIBED IN
 SECTION  ONE  HUNDRED  FIFTY-FIVE  OF  THE LABOR LAW AND A VIDEO SEGMENT
 INCLUDES MORE THAN ONE OF THOSE  MINORS,  THE  PERCENTAGE  DESCRIBED  IN
 PARAGRAPH (A) OF THIS SUBDIVISION FOR ALL MINORS IN ANY SEGMENT SHALL BE
 EQUALLY  DIVIDED  BETWEEN  THE  MINORS,  REGARDLESS  OF  DIFFERENCES  IN
 PERCENTAGE OF CONTENT PROVIDED BY THE INDIVIDUAL MINORS.
   3. A TRUST ACCOUNT REQUIRED UNDER THIS SECTION  SHALL  PROVIDE,  AT  A
 MINIMUM, THE FOLLOWING:
   (A) THAT THE FUNDS IN THE ACCOUNT SHALL BE AVAILABLE ONLY TO THE MINOR
 ENGAGED IN WORK AS AN INFLUENCER;
   (B)  THAT  THE  ACCOUNT  SHALL  BE HELD BY A BANK OR TRUST COMPANY, AS
 THOSE TERMS ARE DEFINED IN SECTION TWO OF THE BANKING LAW;
   (C) THAT THE FUNDS IN THE ACCOUNT SHALL BECOME AVAILABLE TO THE  MINOR
 ENGAGED  IN  WORK  AS  AN INFLUENCER UPON THE MINOR ATTAINING THE AGE OF
 EIGHTEEN YEARS OR UNTIL THE MINOR IS DECLARED EMANCIPATED; AND
   (D) THAT THE ACCOUNT MEETS THE REQUIREMENTS OF PART SIX OF THIS  ARTI-
 CLE.
   4.  IF  A  INFLUENCER KNOWINGLY OR RECKLESSLY VIOLATES THIS SECTION, A
 MINOR SATISFYING THE CRITERIA DESCRIBED IN SUBDIVISION  ONE  OF  SECTION
 ONE  HUNDRED  FIFTY-FIVE  OF  THE  LABOR  LAW  MAY COMMENCE AN ACTION TO
 ENFORCE THE PROVISIONS OF THIS SECTION REGARDING THE TRUST ACCOUNT.  THE
 COURT MAY AWARD, TO A MINOR  WHO  PREVAILS  IN  ANY  ACTION  BROUGHT  IN
 ACCORDANCE WITH THIS SECTION, THE FOLLOWING DAMAGES:
   (A) ACTUAL DAMAGES;
   (B) PUNITIVE DAMAGES; AND
   (C)  THE COSTS OF THE ACTION, INCLUDING ATTORNEY'S FEES AND LITIGATION
 COSTS.
   5. THIS SECTION SHALL NOT AFFECT ANY RIGHT OR REMEDY  AVAILABLE  UNDER
 ANY OTHER LAW OF THE STATE.
   6.  NOTHING CONTAINED IN THIS SECTION SHALL BE INTERPRETED TO HAVE ANY
 EFFECT ON A PARTY THAT IS NEITHER THE INFLUENCER NOR THE  MINOR  ENGAGED
 IN WORK AS AN INFLUENCER.
   §  4.  Subdivision  2  of  section  130 of the labor law is amended by
 adding a new paragraph i to read as follows:
   I. A MINOR UNDER FOURTEEN YEARS OF AGE ENGAGED IN WORK AS AN INFLUENC-
 ER IN COMPLIANCE WITH SECTION ONE HUNDRED FIFTY-FIVE OF THIS CHAPTER.
   § 5. Subdivision 3 of section 131 of  the  labor  law  is  amended  by
 adding a new paragraph h to read as follows:
   H.  NOTHING  IN  THIS  SECTION  SHALL BE CONSTRUED TO PROHIBIT A MINOR
 FOURTEEN OR FIFTEEN YEARS OF AGE FROM BEING ENGAGED IN WORK AS AN INFLU-
 ENCER IN COMPLIANCE WITH SECTION ONE HUNDRED FIFTY-FIVE OF THIS CHAPTER.
   § 6. Subdivision 3 of section 132 of  the  labor  law  is  amended  by
 adding a new paragraph g to read as follows:
   G.  NOTHING  IN  THIS  SECTION  SHALL BE CONSTRUED TO PROHIBIT A MINOR
 SIXTEEN OR SEVENTEEN YEARS OF AGE FROM  BEING  ENGAGED  IN  WORK  AS  AN
 INFLUENCER  IN  COMPLIANCE  WITH  SECTION ONE HUNDRED FIFTY-FIVE OF THIS
 CHAPTER.
   § 7. This act shall take effect on the ninetieth day  after  it  shall
 have  become  a  law.    Effective  immediately, the addition, amendment
 and/or repeal of any rule or regulation necessary for the implementation
 of this act on  its  effective  date  are  authorized  to  be  made  and
 completed on or before such effective date.