S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3720
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 28, 2021
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Labor
 
 AN ACT to amend the labor law, in relation to expanding laws  benefiting
   child  performers to include children who participate in online videos
   that generate earnings
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivisions 1, 2, and 3 of section 150 of the labor law,
 subdivision 1 as amended by chapter 411 of the laws of 2013, and  subdi-
 visions 2 and 3 as added by chapter 630 of the laws of 2003, are amended
 to read as follows:
   1.  "Artistic or creative services" shall include, but are not limited
 to, (A) services as an actor, actress, dancer, musician, comedian, sing-
 er, stunt-person, voice-over artist, runway or  print  model,  or  other
 performer or entertainer, or as a songwriter, musical producer or arran-
 ger,  writer,  director,  producer, production executive, choreographer,
 composer, conductor, INFLUENCER, or designer; AND/OR
   (B) PARTICIPATION IN A VIDEO THAT IS POSTED TO A VIDEO-SHARING  AND/OR
 SOCIAL  NETWORKING  INTERNET WEBSITE WHICH GENERATES EARNINGS FROM SPON-
 SORS OR BY OTHER MEANS, BASED ON THE NUMBER OF VIEWS OF SUCH  VIDEO,  OR
 BASED ON THE NUMBER OF CLICKS ON A LINK LEADING TO SUCH VIDEO.
   2.  "Child  performer"  shall mean any child under the age of eighteen
 who (a) resides in the state of New York and who agrees to render artis-
 tic or creative services; [or]
   (b) agrees to render artistic or creative services in the state of New
 York; OR
   (C) AGREES TO RENDER ARTISTIC OR CREATIVE SERVICES UNDER PARAGRAPH (B)
 OF SUBDIVISION ONE OF THIS  SECTION  WHERE  SUCH  ARTISTIC  OR  CREATIVE
 SERVICES  WERE RECORDED IN THE STATE OF NEW YORK OR UPLOADED TO A VIDEO-
 SHARING AND/OR SOCIAL NETWORKING INTERNET WEBSITE FROM WITHIN THE  STATE
 OF NEW YORK.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01039-01-1

 A. 3720                             2
 
   3.  "Child  performer's  employer"  shall  mean (A) a person or entity
 which employs a child performer to furnish artistic or creative services
 for a fee either directly or through a  third-party  provider  (loan-out
 company)  or  an  agency  or  service that provides artistic or creative
 services (casting agency); OR
   (B)  A  VIDEO-SHARING  AND/OR  SOCIAL NETWORKING INTERNET WEBSITE THAT
 GENERATES EARNINGS  FROM  VIDEOS  QUALIFYING  AS  ARTISTIC  OR  CREATIVE
 SERVICES BY A CHILD PERFORMER.
   §  2.  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.