SB 998: Child labor; child engaged in the work of content creation, trust account. - Virginia

Governor Substitute Not Adopted → Chaptered · 4 edits

MODERATE

This bill was enacted into law and added new definitions and exemptions for child labor protections related to content creation. It clarifies that children working in content creation are not automatically considered 'employed' under child labor laws if they meet specific safety and supervision criteria, while also adding new definitions for terms like 'content' and 'content creator'.

Scope change

The bill expanded the scope of child labor exemptions to include children engaged in content creation work, provided they meet safety and supervision requirements.

DEFINITION

Added new definitions for 'content', 'content creator', 'online platform', and 'content creator' to clarify what constitutes work in content creation and who is protected.

EXEMPTIONS

Added a new exemption in § 40.1-79.01 that excludes children engaged in content creation from standard child labor employment rules, provided they are not exposed to hazards, are under adult supervision, and do not interact with hazardous equipment.

REQUIREMENT

Added new section § 40.1-109.1 establishing criteria for determining when a child is engaged in content creation work, including a 12-month review period.

Modified § 40.1-80.1 to reference the new content creation sections, ensuring children in content creation are evaluated under the new exemption framework rather than standard child labor hour limits.

Labor and Commerce Substitute → Governor Substitute Not Adopted · 8 edits

MODERATE

The bill was changed from a House substitute that would have created new child labor protections and trust account requirements for minors in content creation, to a Senate substitute that instead directs a work group to study the issue and make recommendations. The substantive policy changes were removed entirely, replacing them with a study mandate.

Scope change

The bill's scope changed from implementing specific child labor protections for content creators to establishing a study committee to examine the issue and make recommendations to the Governor and General Assembly.

REQUIREMENT

Removed new definitions for 'content', 'content creator', 'online platform', and related terms that would have applied to child labor in content creation.

Removed new section 40.1-79.01 subsection C that would have exempted children engaged in content creation from certain child labor restrictions.

Removed new section 40.1-109.1 that would have established criteria for determining when a child is engaged in content creation work (30% content threshold, compensation thresholds).

Removed new section 40.1-109.1 subsection B that would have required content creators to maintain records of child involvement, compensation, and video content.

Removed new section 40.1-109.1 subsection C that would have allowed children to sue for enforcement of record-keeping requirements.

Removed new section 40.1-109.2 that would have required content creators to establish trust accounts for earnings from children's content creation work.

TIMELINE

Added requirement for Joint Commission on Technology and Science to convene a work group to examine child labor protections for content creators and report findings by November 1, 2025.

ENFORCEMENT

Removed enforcement mechanisms including civil actions for record-keeping violations and damages for trust account violations.

Finance and Appropriations Substitute → Labor and Commerce Substitute · 2 edits

MINOR

The bill was transferred from the Senate Finance and Appropriations Committee to the Labor and Commerce Committee, changing the legislative process and committee jurisdiction. The substantive text of the bill regarding child labor laws and content creator trust accounts appears identical in both versions, with no policy changes to the actual provisions.

Scope change

The bill's scope and applicability remain unchanged; only the committee handling the bill changed from Finance and Appropriations to Labor and Commerce.

TECHNICAL

Committee jurisdiction changed from Senate Committee on Finance and Appropriations to Senate Committee on Labor and Commerce, indicating a procedural shift in which committee will review and amend the bill.

Formatting and layout changed from a standard Senate substitute format to a draft version with page numbers and different header styling, but no substantive policy text was altered.

Commerce and Labor Substitute → Finance and Appropriations Substitute · 6 edits

MODERATE

The bill was amended from a Commerce and Labor version to a Finance and Appropriations version, which removed the new enforcement and trust account provisions while keeping the core definitions and exemption framework for child content creators. The Finance version simplifies the bill by eliminating the Attorney General enforcement mechanism and detailed trust account requirements that were present in the Commerce version.

Scope change

The bill's scope was reduced by removing the enforcement mechanisms and detailed trust account provisions that were in the Commerce and Labor version. The Finance version only includes definitions and exemption provisions without the operational requirements for content creators.

ENFORCEMENT

Removed the Attorney General's power to issue civil investigative demands and bring civil actions to enforce the child labor content creation provisions

REQUIREMENT

Removed the requirement for content creators to maintain detailed records of child involvement in video content and compensation amounts

Removed the detailed trust account provisions including distribution percentages, financial institution requirements, and emancipation conditions

Removed the statute of limitations provision for civil actions related to trust account violations

SCOPE

The bill no longer includes provisions for children under 14 years of age, removing the specific protection and compensation rules for younger children

DEFINITION

The definition of 'Content creator' remains unchanged, still excluding children who produce their own video content

Enrolled → Commerce and Labor Substitute · 6 edits

MODERATE

This bill adds new provisions to Virginia's child labor laws specifically addressing minors engaged in content creation for online platforms. The changes establish criteria for determining when a child is considered engaged in content creation work, require content creators to maintain detailed records, and mandate the creation of trust accounts to preserve earnings for children until they reach 18 years of age or emancipation.

Scope change

The bill expands child labor protections to include minors working in content creation, creating a new category of regulated work activity separate from traditional employment.

DEFINITION

Added new definitions for 'content' and 'content creator' to clarify what constitutes regulated work involving minors in video production.

ELIGIBILITY

Established specific criteria (30% content threshold and compensation thresholds) to determine when a child under 16 is considered engaged in content creation work.

REQUIREMENT

Requires content creators to maintain detailed records including child age verification, video minutes, compensation amounts, and trust account deposits.

FISCAL

Mandates creation of trust accounts to preserve children's earnings from content creation until they reach 18 years of age or emancipation.

ENFORCEMENT

Allows children or their guardians to file civil actions for violations, with provisions for compensatory and punitive damages plus attorney fees.

TIMELINE

Sets a two-year statute of limitations for filing enforcement actions, beginning when the child turns 18 years of age.

Introduced → Enrolled · 6 edits · May 2, 2025

MODERATE

This bill adds new protections for children under 16 who work in content creation (like YouTube or social media). It creates a trust account system to preserve their earnings until they turn 18 and establishes specific criteria for when a child is considered to be working in content creation. The bill also adds safety requirements and record-keeping obligations for content creators.

Scope change

The bill expands the definition of child labor protections to include content creation work, which was not previously covered under Virginia's child labor laws.

DEFINITION

Added new definitions for 'content', 'content creator', and 'online platform' to clarify what types of digital work are covered.

ELIGIBILITY

Created new criteria to determine when a child under 16 is engaged in content creation work, based on how much of their content features the child and compensation thresholds.

REQUIREMENT

Requires content creators to maintain records of child participation in videos and the compensation generated.

FISCAL

Establishes a trust account system where a portion of earnings from videos featuring children must be set aside for the child until they turn 18 or become emancipated.

ENFORCEMENT

Allows children or their parents to sue content creators who fail to maintain required records or comply with trust account requirements.

EXEMPTIONS

Modified exemptions from child labor laws to specifically exclude children engaged in content creation work from certain protections.

Child labor; child engaged in the work of content creation, trust account.

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