NY State Senate Bill 2025-S825

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

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Actions

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 25, 2026	print number 825a
Feb 25, 2026	amend (t) and recommit to labor
Jan 07, 2026	referred to labor returned to senate died in assembly
May 28, 2025	referred to labor delivered to assembly passed senate
May 22, 2025	advanced to third reading
May 21, 2025	2nd report cal.
May 20, 2025	1st report cal.1190
Jan 08, 2025	referred to labor

Votes

- May 28, 2025 - Floor Vote
  S825
  
  Aye
  
  60
  
  Nay
  
  1
  
  Absent
  
  0
  
  Excused
  
  2
  
  Abstained
  
  0
  - - Floor Vote: May 28, 2025
      
      aye (60)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Baskin
      
      Borrello
      
      Brisport
      
      Brouk
      
      Bynoe
      
      Canzoneri-Fitzpatrick
      
      Chan
      
      Cleare
      
      Comrie
      
      Cooney
      
      Fahy
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Krueger
      
      Lanza
      
      Liu
      
      Martinez
      
      Mattera
      
      May
      
      Mayer
      
      Murray
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rhoads
      
      Rivera
      
      Rolison
      
      Ryan
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Sutton
      
      Tedisco
      
      Webb
      
      Weber
      
      Weik
      
      nay (1)
      
      Walczyk
      
      excused (2)
      
      Martins
      
      Myrie
      
      The following Member(s) participated via videoconferencing: Brouk
  May 20, 2025 - Labor Committee Vote
  S825
  
  Aye
  
  10
  
  Nay
  
  0
  
  Aye with Reservations
  
  3
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Labor Committee Vote: May 20, 2025
      
      aye (10)
      
      Fernandez
      
      Jackson
      
      Mattera
      
      Mayer
      
      Ramos
      
      Ryan
      
      Ryan
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Skoufis
      
      aye wr (3)
      
      Oberacker
      
      Rhoads
      
      Rolison

Bill Amendments

Original

A (Active)

co-Sponsors

2025-S825 - Details

Current Committee:: Senate Labor
Law Section:: Labor Law
Laws Affected:: Amd Art 4-A Art Head, ren §154-a to be §156, add §155, amd §§150, 130, 131 & 132, Lab L; add §7-7.2, EPT L

2025-S825 - Summary

Establishes protections for minors who are featured in compensated video content that generate earnings from being shared on social media or other video-sharing websites.

2025-S825 - Sponsor Memo

                                 
BILL NUMBER: S825

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

 
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 the article heading of article 4-A of the labor law

Section two amends section 150 of the labor law by adding four new
subdivisions 9, 10, 11, 12 and 13 to provide additional definitions.

Section three amends section 154-a of the labor law by renumbering it to
section 156 and adding a new section 155.

Section four amends the estates, powers and trusts law by adding a new
section 7-7.2.

Section five amends subdivision 2 of section 130 of the labor law by
adding a new paragraph i.

Section six amends subdivision 3 of section 131 of the labor law by
adding a new paragraph h.

Section seven amends subdivision 3 of section 132 of the labor law by
adding a new paragraph 9.

Section eight establishes the effective date.

 
JUSTIFICATION:

The Internet has created a world where anyone with a smartphone can
become a producer of content and parents and other caretakers can easily
upload videos of children, creating viral moments. Child Influencers, or
children who star in online content that generates earnings for the
account holder, lack the protections granted to children working in the
film and television industry. With more parents and children creating
social media content each day, there is an increased need for regu-
lations to protect children against exploitation.

In 2016, Myka and James Stauffer rose to Internet fame as they chroni-
cled their family's journey to adopt a special needs child named Huxley
from China. Huxley's participation in the content created by the Stauf-
fers yielded lucrative results, including product sponsorships, and
garnered millions of loyal viewers. Unfortunately, the couple shockingly
revealed their decision to "rehome" Huxley nearly 2 1/2 years after his
adoption. It is it unclear whether the child reaped any financial bene-
fit from the franchise he had no choice in creating.

Our labor laws have not kept pace with the digital age, and as a result,
"kid influencers" are falling through the cracks. This bill will ensure
that children that participate in creating online content receive their
share of earnings that the content may generate. Like children working
in the film and television industry, this legislation would require the
creation of a trust account for minors when their appearances make up a
significant portion of the content shared on such account and generates
earnings. The earnings set aside shall become available to child upon
turning eighteen.

 
LEGISLATIVE HISTORY:

06/05/24 PASSED SENATE

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
90 days after it shall have become a law.

2025-S825 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    825
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced by Sens. LIU, HARCKHAM -- 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.    The article heading of article 4-A of the labor law, as
 added by chapter 630 of the laws of 2003, is amended to read as follows:
                EMPLOYMENT AND EDUCATION OF CHILD PERFORMERS
                 AND MINORS ENGAGED IN WORK AS INFLUENCERS
 
   § 2. Section 150 of the labor law is amended by adding five new subdi-
 visions 9, 10, 11, 12, and 13 to read as follows:
   9. "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.
   10. "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.
   11. "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  THEIR  OWN
 PIECES OF INFLUENCER-GENERATED CONTENT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02531-01-5

 S. 825                              2
 
   12.  "INFLUENCER-GENERATED  CONTENT"  SHALL  MEAN CONTENT SHARED ON AN
 ONLINE PLATFORM IN EXCHANGE FOR COMPENSATION.
   13.  (A) "MINOR FEATURED IN INFLUENCER-GENERATED CONTENT" SHALL MEAN A
 MINOR UNDER THE AGE OF EIGHTEEN WHO IS CONSIDERED ENGAGED IN WORK AS  AN
 INFLUENCER  WHEN  THE  FOLLOWING CRITERIA ARE MET AT ANY TIME DURING THE
 PREVIOUS TWELVE-MONTH PERIOD:
   (I) 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
   (II) THE NUMBER OF VIEWS RECEIVED PER  VIDEO  SEGMENT  ON  ANY  ONLINE
 PLATFORM  MET  THE  ONLINE  PLATFORM'S  THRESHOLD  FOR THE GENERATION OF
 COMPENSATION OR THE INFLUENCER RECEIVED ACTUAL  COMPENSATION  FOR  VIDEO
 CONTENT EQUAL TO OR GREATER THAN TEN CENTS PER VIEW.
   (B)  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. 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. EVERY
 INFLUENCER WHOSE INFLUENCER-GENERATED CONTENT FEATURES MINORS UNDER  THE
 AGE  OF  EIGHTEEN ENGAGED IN WORK AS INFLUENCERS AS PROVIDED IN SUBDIVI-
 SION THIRTEEN OF SECTION ONE HUNDRED FIFTY OF THIS ARTICLE SHALL  ESTAB-
 LISH  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.
   2. 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 THIRTEEN  OF  SECTION  ONE
 HUNDRED FIFTY OF THIS ARTICLE 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.
   3. IF AN 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 TWO OF THIS SECTION, THE
 MINOR MAY COMMENCE A CIVIL ACTION TO  ENFORCE  THE  PROVISIONS  OF  THIS
 SECTION.
   4.  CONTENT  CONTAINING  THE  LIKENESS OF A CHILD SHALL BE DELETED AND
 REMOVED FROM ANY ONLINE  PLATFORM  BY  THE  INDIVIDUAL  WHO  POSTED  THE
 CONTENT,  THE  ACCOUNT OWNER, OR ANOTHER PERSON WHO HAS CONTROL OVER THE
 ACCOUNT WHEN THE REQUEST IS MADE BY A MINOR AGE THIRTEEN OR OLDER  WHOSE
 LIKENESS  APPEARS  IN SUCH CONTENT, OR BY AN ADULT WHO WAS UNDER THE AGE
 OF EIGHTEEN WHEN THEIR LIKENESS WAS USED IN SUCH CONTENT.
 S. 825                              3
 
   § 4. 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  SUBDIVISION  THIRTEEN  OF  SECTION ONE HUNDRED FIFTY OF THE
 LABOR LAW.
   2. A MINOR SATISFYING THE CRITERIA DESCRIBED IN  SUBDIVISION  THIRTEEN
 OF SECTION ONE HUNDRED FIFTY 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
 SUBDIVISION THIRTEEN OF SECTION ONE HUNDRED FIFTY OF THE LABOR LAW,  THE
 PERCENTAGE  OF  TOTAL  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  SUBDIVISION  THIRTEEN OF SECTION ONE HUNDRED FIFTY OF THE LABOR LAW;
 OR
   (B) WHERE MORE THAN ONE MINOR MEETS THE CONTENT THRESHOLD DESCRIBED IN
 SUBDIVISION THIRTEEN OF SECTION ONE HUNDRED FIFTY 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 AN INFLUENCER KNOWINGLY OR RECKLESSLY VIOLATES THIS  SECTION,  A
 MINOR  SATISFYING  THE  CRITERIA  DESCRIBED  IN  SUBDIVISION THIRTEEN OF
 SECTION ONE HUNDRED FIFTY 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.
   § 5. 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 OF THIS CHAPTER.
 S. 825                              4
 
   §  6.  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 OF THIS CHAPTER.
   § 7. 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 OF THIS CHAPTER.
   §  8.  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.

co-Sponsors

2025-S825A (ACTIVE) - Details

Current Committee:: Senate Labor
Law Section:: Labor Law
Laws Affected:: Amd Art 4-A Art Head, ren §154-a to be §156, add §155, amd §§150, 130, 131 & 132, Lab L; add §7-7.2, EPT L

2025-S825A (ACTIVE) - Summary

Establishes protections for minors who are featured in compensated video content that generate earnings from being shared on social media or other video-sharing websites.

2025-S825A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S825A

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
compensated video content

 
PURPOSE OR GENERAL IDEA OF BILL:

This legislation will provide protection to minors who are featured in
online videos and social media content that generates earnings.

 
SUMMARY OF PROVISIONS:

Section one would rename the heading of article 4-A of the labor law.

Section two would amend section 150 of the labor law by adding new defi-
nitions for "online platform," "family," "content creation," and
"content creator."

Section three would add new section 155 to the labor law. This section
would contain the following provisions:

*Establishing criteria that a minor must meet to be considered featured
in compensated video content

*Requiring content creators to establish a minor content creator trust
account when a minor is featured in compensated video content

*Requiring content creators to maintain certain records and to provide
such records to the covered minor on an ongoing basis

*Establishing the right of the covered minor to take civil action
against a content creator that violates this law

*Establishing the right of the covered minor to request content they are
featured in to be deleted and requiring online platforms to have an
online process for deletion

*Authorizing DOL to take civil action against online platforms that fail
to comply

Section four would add new section 7-7.2 to the estates, powers and
trusts law detailing the earnings distribution and requirements for a
minor content creator trust account. This section would also establish
the right of the covered minor to take civil action and authorize DOL to
do the same against a violating content creator and be awarded damages
upon successful action.

Sections five, six, and seven add exemptions to current child labor laws
for minors featured in compensated video content.

Section 8 is the effective date.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):


The A print amendment makes minor substantive changes to definitions,
such as replacing "influencer" with "content creator" throughout the
underlying bill. In addition, the amendment increases the amount of
compensation owed to covered minors from equal to or greater than 50
percent to 100 percent. It also adds a new process by which covered
minors can have content they are featured in deleted. Finally, the
amendment authorizes both covered minors and DOL to take civil action
against violators.

 
JUSTIFICATION:

The Internet has created a world where anyone with a smartphone can
become a producer of content and parents and other caretakers can easily
upload videos of children, creating viral moments.

Child influencers, or children who star in online content that generates
earnings for the account holder, lack the protections granted to chil-
dren working in the film and television industry. With more parents and
children creating social media content each day, there is an increased
need for regulations to protect children against exploitation.

In 2016, Myka and James Stauffer rose to internet fame as they chroni-
cled their family's journey to adopt a special needs child named Huxley
from China. Huxley's participation in the content created by the Stauf-
fers yielded lucrative results, including product sponsorships, and
garnered millions of loyal viewers. Unfortunately, the couple shockingly
revealed their decision to "rehome" Huxley nearly 2 1/2 years after his
adoption. It is unclear whether the child reaped any financial benefit
from the franchise he had no choice in creating.

Our labor laws have not kept pace with the digital age, and as a result,
"kid influencers" are falling through the cracks. This bill will ensure
that children that participate in creating online content receive their
share of earnings that the content may generate. Like children working
in the film and television industry, this legislation would require the
creation of a trust account for minors when their appearances make up a
significant portion of the content shared on such account and generates
earnings. The earnings set aside shall become available to child upon
turning eighteen.

 
PRIOR LEGISLATIVE HISTORY:

2025: PASSED SENATE

2024: S.8735-A- PASSED SENATE

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

NONE NOTED.

 
EFFECTIVE DATE:
THIS ACT WOULD TAKE EFFECT ON THE NINETIETH DAY AFTER IT BECOMES A LAW.

2025-S825A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  825--A
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by  Sens.  LIU,  HARCKHAM, C. RYAN -- read twice and ordered
   printed, and when printed to be committed to the Committee on Labor --
   recommitted to the Committee on Labor in accordance with  Senate  Rule
   6,  sec. 8 -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee
 
 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
   compensated video content
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  The article heading of article 4-A of the  labor  law,  as
 added by chapter 630 of the laws of 2003, is amended to read as follows:
               [EMPLOYMENT AND EDUCATION OF] REQUIREMENTS FOR
                             CHILD PERFORMERS
             AND MINORS FEATURED IN COMPENSATED VIDEO CONTENT
 
   § 2. Section 150 of the labor law is amended by adding five new subdi-
 visions 9, 10, 11, 12, and 13 to read as follows:
   9.  "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.
   10. "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.
   11.  "CONTENT  CREATION"  SHALL MEAN VIDEO CONTENT SHARED ON AN ONLINE
 PLATFORM IN EXCHANGE FOR COMPENSATION.
   12. "CONTENT CREATOR" SHALL MEAN AN INDIVIDUAL OR FAMILY THAT  CREATES
 VIDEO CONTENT, PERFORMED IN THE STATE, IN EXCHANGE FOR COMPENSATION, AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02531-03-6
 S. 825--A                           2
 
 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. "CONTENT CREATOR" DOES
 NOT  INCLUDE ANY PERSON UNDER THE AGE OF EIGHTEEN WHO PRODUCES THEIR OWN
 PIECES OF VIDEO CONTENT.
   § 3. 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 COMPENSATED VIDEO CONTENT.  1. (A) EXCEPT AS
 OTHERWISE  PROVIDED  IN  THIS SECTION, A MINOR IS CONSIDERED FEATURED IN
 COMPENSATED VIDEO CONTENT WHEN THE FOLLOWING CRITERIA  ARE  MET  AT  ANY
 TIME DURING THE PREVIOUS TWELVE-MONTH PERIOD:
   (I)  AT  LEAST THIRTY PERCENT OF A CONTENT CREATOR'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
   (II)  THE  NUMBER  OF  VIEWS  RECEIVED PER VIDEO SEGMENT ON ANY ONLINE
 PLATFORM MET THE ONLINE  PLATFORM'S  THRESHOLD  FOR  THE  GENERATION  OF
 COMPENSATION  OR  THE  CONTENT  CREATOR RECEIVED ACTUAL COMPENSATION FOR
 VIDEO CONTENT EQUAL TO OR GREATER THAN TEN CENTS PER VIEW.
   (B) A MINOR FEATURED IN COMPENSATED VIDEO CONTENT SHALL NOT BE  DEEMED
 A CHILD PERFORMER FOR THE PURPOSES OF THIS ARTICLE.
   2.  EVERY  CONTENT CREATOR WHOSE CONTENT FEATURES MINORS UNDER THE AGE
 OF EIGHTEEN AND SATISFIES THE CRITERIA PROVIDED IN  SUBDIVISION  ONE  OF
 THIS  SECTION  SHALL  ESTABLISH  A  MINOR  CONTENT CREATOR TRUST ACCOUNT
 PURSUANT TO THE PROVISIONS  OF SECTION 7-7.2 OF THE ESTATES, POWERS  AND
 TRUSTS LAW FOR EACH SUCH MINOR.
   3.  ALL  CONTENT CREATORS WHOSE CONTENT FEATURES A MINOR UNDER THE AGE
 OF EIGHTEEN AND SATISFIES THE CRITERIA PROVIDED IN  SUBDIVISION  ONE  OF
 THIS SECTION 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 FEATURED IN
 COMPENSATED VIDEO CONTENT;
   (B)  THE  NUMBER  OF  PIECES OF CONTENT THAT GENERATED COMPENSATION AS
 DESCRIBED IN SUBDIVISION ONE OF THIS SECTION DURING THE REPORTING  PERI-
 OD;
   (C)  THE TOTAL NUMBER OF MINUTES OF THE CONTENT THAT THE CONTENT CREA-
 TOR RECEIVED COMPENSATION FOR DURING THE REPORTING PERIOD;
   (D) THE TOTAL NUMBER OF MINUTES EACH MINOR  WAS  FEATURED  IN  CONTENT
 DURING THE REPORTING PERIOD;
   (E)  THE  TOTAL  COMPENSATION GENERATED FROM CONTENT FEATURING A MINOR
 DURING THE REPORTING PERIOD; AND
   (F) THE AMOUNT DEPOSITED INTO THE TRUST ACCOUNT FOR THE BENEFIT OF THE
 MINOR FEATURED IN COMPENSATED VIDEO  CONTENT,  AS  REQUIRED  BY  SECTION
 7-7.2 OF THE ESTATES, POWERS AND TRUSTS LAW.
   4. IF A CONTENT CREATOR WHOSE CONTENT FEATURES MINORS UNDER THE AGE OF
 EIGHTEEN  AND SATISFIES THE CRITERIA PROVIDED IN SUBDIVISION ONE OF THIS
 SECTION FAILS TO MAINTAIN THE RECORDS AS PROVIDED IN  SUBDIVISION  THREE
 OF  THIS  SECTION,  THE MINOR MAY COMMENCE A CIVIL ACTION TO ENFORCE THE
 PROVISIONS OF THIS SECTION.
   5. (A) A PERSON THIRTEEN YEARS OF AGE OR OLDER WHO WAS FEATURED  AS  A
 MINOR  CHILD  IN  CONTENT OF A CONTENT CREATOR MAY REQUEST THE PERMANENT
 DELETION OF THE CONTENT FROM AN ONLINE PLATFORM. AN ONLINE PLATFORM MUST
 HAVE AN EASILY ACCESSIBLE FORM AVAILABLE ONLINE FOR  SUBMISSION  OF  THE
 DELETION REQUEST.
 S. 825--A                           3
 
   (B)  AN  ONLINE PLATFORM THAT RECEIVES A DELETION REQUEST SHALL REMOVE
 AND PERMANENTLY DELETE THE CONTENT FOR WHICH THE REQUEST WAS MADE WITHIN
 SEVEN DAYS AFTER THE REQUEST WAS SUBMITTED.
   (C) ANY CONTRACT BETWEEN A CONTENT CREATOR AND AN ONLINE PLATFORM THAT
 WOULD  REASONABLY  BE  ANTICIPATED TO FEATURE A MINOR CHILD MUST INCLUDE
 NOTIFICATION FROM THE SOCIAL MEDIA PLATFORM OF  THE  RIGHTS  UNDER  THIS
 SUBDIVISION.
   6. IF THE COMMISSIONER FINDS THAT A CONTENT CREATOR OR ONLINE PLATFORM
 HAS VIOLATED ANY RELEVANT PROVISION OF THIS SECTION OR ANY RULE OR REGU-
 LATION  PROMULGATED  THEREUNDER,  THE  COMMISSIONER MAY COMMENCE A CIVIL
 ACTION TO ENFORCE THE PROVISIONS OF THIS SECTION.
   § 4. The estates, powers and trusts law is amended  by  adding  a  new
 section 7-7.2 to read as follows:
 § 7-7.2 MINOR CONTENT CREATOR TRUST ACCOUNT
   1.  AS USED IN THIS SECTION, THE TERM "CONTENT CREATOR" SHALL HAVE THE
 SAME MEANING AS DEFINED IN SUBDIVISION TWELVE  OF  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  CONTENT CREATOR. THE CONTENT CREATOR 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  DISTRIB-
 UTION:
   (A)  WHERE  ONLY  ONE  MINOR  MEETS THE CONTENT THRESHOLD DESCRIBED IN
 SUBDIVISION ONE OF SECTION ONE HUNDRED FIFTY-FIVE OF THE LABOR LAW,  THE
 PERCENTAGE  OF  TOTAL  GROSS  EARNINGS ON ANY VIDEO SEGMENT EQUAL TO THE
 PERCENTAGE THAT INCLUDES THE LIKENESS, NAME, OR PHOTOGRAPH OF THE  MINOR
 AS DESCRIBED IN SUBDIVISION ONE OF SECTION ONE HUNDRED FIFTY-FIVE OF THE
 LABOR LAW; OR
   (B) WHERE MORE THAN ONE MINOR MEETS THE CONTENT THRESHOLD DESCRIBED IN
 SUBDIVISION ONE OF 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
 FEATURED IN COMPENSATED VIDEO CONTENT;
   (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
 FEATURED  IN  COMPENSATED VIDEO CONTENT 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 CONTENT CREATOR 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
 S. 825--A                           4
 
   (C) THE COSTS OF THE ACTION, INCLUDING ATTORNEY'S FEES AND  LITIGATION
 COSTS.
   5. IF THE COMMISSIONER FINDS THAT A CONTENT CREATOR KNOWINGLY OR RECK-
 LESSLY VIOLATES THIS SECTION, THE COMMISSIONER MAY COMMENCE AN ACTION ON
 BEHALF  OF THE MINOR TO ENFORCE THE PROVISIONS OF THIS SECTION REGARDING
 THE TRUST ACCOUNT. THE COMMISSIONER MAY  RECOVER  COSTS  AND  FEES  THAT
 RESULT FROM THIS ACTION.
   6.  THIS  SECTION SHALL NOT AFFECT ANY RIGHT OR REMEDY AVAILABLE UNDER
 ANY OTHER LAW OF THE STATE.
   7. NOTHING CONTAINED IN THIS SECTION SHALL BE INTERPRETED TO HAVE  ANY
 EFFECT  ON  A  PARTY  THAT  IS NEITHER THE CONTENT CREATOR NOR THE MINOR
 FEATURED IN COMPENSATED VIDEO CONTENT.
   § 5. 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 FEATURED IN COMPENSATED VIDEO
 CONTENT IN COMPLIANCE WITH SECTION ONE HUNDRED FIFTY-FIVE OF THIS  CHAP-
 TER.
   §  6.  Subdivision  3  of  section 131 of the labor law, as amended by
 chapter 975 of the laws of 1996, 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  FEATURED  IN  COMPENSATED
 VIDEO  CONTENT IN COMPLIANCE WITH SECTION ONE HUNDRED FIFTY-FIVE OF THIS
 CHAPTER.
   § 6-a. Subdivision 3 of section 131 of the labor law,  as  amended  by
 section  3  of  part  X of chapter 56 of the laws of 2025, is amended by
 adding a new paragraph f to read as follows:
   F. NOTHING IN THIS SECTION SHALL BE  CONSTRUED  TO  PROHIBIT  A  MINOR
 FOURTEEN  OR  FIFTEEN  YEARS  OF  AGE FROM BEING FEATURED IN COMPENSATED
 VIDEO CONTENT IN COMPLIANCE WITH SECTION ONE HUNDRED FIFTY-FIVE OF  THIS
 CHAPTER.
   §  7.  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 FEATURED IN COMPENSATED
 VIDEO CONTENT IN COMPLIANCE WITH SECTION ONE HUNDRED FIFTY-FIVE OF  THIS
 CHAPTER.
   §  8.  This  act shall take effect on the ninetieth day after it shall
 have become a law; provided, however, that the amendments to subdivision
 3 of section 131 of the labor law made by  section  six-a  of  this  act
 shall  take  effect on the same date and in the same manner as section 3
 of part X of chapter 56 of the laws of 2025  takes  effect.    Effective
 immediately,  the addition, amendment and/or repeal of any rule or regu-
 lation necessary for the implementation of this  act  on  its  effective
 date are authorized to be made and completed on or before such effective
 date.

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Senate Bill S825

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May 20, 2025 - Labor Committee Vote

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co-Sponsors

2025-S825 - Details

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2025-S825 - Bill Text download pdf

co-Sponsors

2025-S825A (ACTIVE) - Details

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Sponsored By

John C. Liu

Current Bill Status - In Senate Committee Labor Committee

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Votes

Bill Amendments

co-Sponsors

Pete Harckham

Christopher J. Ryan

2025-S825 - Details

2025-S825 - Summary

2025-S825 - Sponsor Memo

2025-S825 - Bill Text download pdf

co-Sponsors

Pete Harckham

Christopher J. Ryan

2025-S825A (ACTIVE) - Details

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2025-S825A (ACTIVE) - Sponsor Memo

2025-S825A (ACTIVE) - Bill Text download pdf

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