Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Mar 05, 2024 |
referred to labor |
Senate Bill S8735
2023-2024 Legislative Session
Sponsored By
(D) 16th Senate District
Current Bill Status - In Senate Committee Labor Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2023-S8735 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A312
- Current Committee:
- Senate Labor
- Law Section:
- Labor Law
- Laws Affected:
- Amd §§150, 130, 131 & 132, ren §154-a to be §156, add §155, Lab L; add §7-7.2, EPT L
- Versions Introduced in Other Legislative Sessions:
-
2019-2020:
A10562
2021-2022: A3720
2023-S8735 (ACTIVE) - Sponsor Memo
BILL NUMBER: S8735 SPONSOR: LIU TITLE OF BILL: 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 PURPOSE: This legislation will provide protection to minors who are featured in online videos and social media content that generates earnings. SUMMARY OF SPECIFIC PROVISIONS: Section one amends section 150 of the labor law by adding four new subdivisions 9, 10, 11 and 12. Section two amends section 154-a of the labor law by renumbering It to section 156 and adding a new section 155.
2023-S8735 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8735 I N S E N A T E March 5, 2024 ___________ Introduced by Sen. LIU -- read twice and ordered printed, and when printed to be committed to the Committee on Labor 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 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, EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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