Bill Text: NY A10562 | 2019-2020 | General Assembly | Introduced

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Bill Title: Expands laws benefiting child performers to include children who participate in online videos that generate earnings from being shared on social media or other video-sharing websites.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-06-03 - referred to labor [A10562 Detail]

Download: New_York-2019-A10562-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          10562

                   IN ASSEMBLY

                                      June 3, 2020
                                       ___________

        Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. L. Rosen-
          thal) -- 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:

     1    Section  1.  Subdivisions 1, 2, and 3 of section 150 of the labor law,
     2  subdivision 1 as amended by chapter 411 of the laws of 2013, and  subdi-
     3  visions 2 and 3 as added by chapter 630 of the laws of 2003, are amended
     4  to read as follows:
     5    1.  "Artistic or creative services" shall include, but are not limited
     6  to, (a) services as an actor, actress, dancer, musician, comedian, sing-
     7  er, stunt-person, voice-over artist, runway or  print  model,  or  other
     8  performer or entertainer, or as a songwriter, musical producer or arran-
     9  ger,  writer,  director,  producer, production executive, choreographer,
    10  composer, conductor, influencer, or designer; and/or
    11    (b) participation in a video that is posted to a video-sharing  and/or
    12  social  networking  internet website which generates earnings from spon-
    13  sors or by other means, based on the number of views of such  video,  or
    14  based on the number of clicks on a link leading to such video.
    15    2.  "Child  performer"  shall mean any child under the age of eighteen
    16  who (a) resides in the state of New York and who agrees to render artis-
    17  tic or creative services; [or]
    18    (b) agrees to render artistic or creative services in the state of New
    19  York; or
    20    (c) agrees to render artistic or creative services under paragraph (b)
    21  of subdivision one of this  section  where  such  artistic  or  creative
    22  services  were recorded in the state of New York or uploaded to a video-
    23  sharing and/or social networking internet website from within the  state
    24  of New York.
    25    3.  "Child  performer's  employer"  shall  mean (a) a person or entity
    26  which employs a child performer to furnish artistic or creative services
    27  for a fee either directly or through a  third-party  provider  (loan-out

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16558-01-0
        A. 10562                            2

     1  company)  or  an  agency  or  service that provides artistic or creative
     2  services (casting agency); or
     3    (b)  a  video-sharing  and/or  social networking internet website that
     4  generates earnings  from  videos  qualifying  as  artistic  or  creative
     5  services by a child performer.
     6    §  2.  This  act shall take effect on the ninetieth day after it shall
     7  have become a law. Effective immediately, the addition, amendment and/or
     8  repeal of any rule or regulation necessary  for  the  implementation  of
     9  this  act  on its effective date are authorized to be made and completed
    10  on or before such effective date.