As Introduced

136th General Assembly

Regular Session H. B. No. 547

2025-2026

A BILL

To amend sections 4109.01 and 4109.06 and to enact sections 1349.10, 4109.23, 4109.231, 4109.232, and 4109.233 of the Revised Code to require vloggers to hold in a trust account a portion of compensation earned from any content featuring minors and to name this act the Kid Influencer Protection Act.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 4109.01 and 4109.06 be amended and sections 1349.10, 4109.23, 4109.231, 4109.232, and 4109.233 of the Revised Code be enacted to read as follows:

Sec. 1349.10. (A) As used in this section, "account holder," "bank," "corporate fiduciary," "online platform," "operator," "payment account," "trust company," "vlog," "vlog compensation," and "vlogging account" have the same meanings as in section 4109.01 of the Revised Code.

(B) In accordance with division (C) of this section, the operator of an online platform that provides vlog compensation to a payment account shall provide the account holder with an itemized statement that clearly indicates all of the following:

(1) Identifying information for each vlog that generated vlog compensation, such as the vlog's internet address or any other unique identifier used by the online platform;

(2) The dollar amount of vlog compensation generated by each vlog;

(3) The account name and electronic mail address associated with the vlogging account that published each vlog that generated vlog compensation;

(4) That the operator of the online platform is providing the vlog compensation in connection to the vlog or vlogs identified in division (B)(1) of this section;

(5) That the operator of the online platform is providing the vlog compensation for the benefit of the vlogging account, even if the vlogging account and the payment account share the same account name or electronic mail address.

(C)(1) An operator of an online platform that provides vlog compensation to a payment account shall provide the information required by division (B) of this section to the account holder each time the operator disburses compensation to that payment account.

(2) In addition, the operator of an online platform that requires an account holder to initiate the withdrawal or transfer of funds in a payment account to a bank, trust company, or other corporate fiduciary shall provide the information required by division (B) of this section at least once every thirty days to the account holder of any payment account that has accrued compensation during that thirty-day period.

Sec. 4109.01. As used in this chapter:

(A) "Account holder" means any person, family, proprietorship, partnership, or other corporate entity that owns or controls a payment account.

(B) "Bank" and "trust company" have the same meanings as in section 1101.01 of the Revised Code.

(1) A trust company;

(2) The trust department of a bank, savings bank, savings and loan association, or foreign banking corporation qualified and licensed under section 1119.02 of the Revised Code to conduct operations in this state connected to its banking business;

(3) A national bank or federally chartered savings and loan association or savings bank that is authorized by the appropriate federal agency to accept and execute trusts and that has its principal place of business in this state;

(4) Any person that is required to and has received a license to exercise trust powers under section 1111.06 of the Revised Code.

(D) "Employ" means to permit or suffer to work.

~~(B)~~(E) "Employer" means the state, its political subdivisions, and every person who employs any individual.

~~(C)~~(F) "Enforcement official" means the director of commerce or the director's authorized representative, the director of education and workforce or the director's authorized representative, any school attendance officer, any probation officer, the director of health or the director of health's authorized representative, and any representative of a local department of health.

(G) "Family" means a group of persons related by blood or marriage, including civil partnerships, or whose close relationships with each other is considered equivalent to a family relationship by the individuals.

~~(D)~~(H) "Minor" means any person less than eighteen years of age.

(I) "Online platform" means any public-facing web site, web application, or digital application, including a mobile application. "Online platform" includes an advertising network, mobile operating system, search engine, electronic mail service, internet access service, or social media.

~~(E)~~(J) "Operator" means any person, proprietorship, partnership, or other corporate entity that operates an online platform that disburses vlog compensation.

(K) "Payment account" means an account associated with an online platform to which all of the following apply:

(1) The account is associated with at least one vlogging account;

(2) The account holder, which may be the owner of an associated vlogging account or another person, may use the account to receive, manage, or transfer vlog compensation.

(L) "Publishing minor" means a minor who resides in this state and, independently or together with one or more other minors, does both of the following:

(1) Creates and publishes a vlog;

(2) Retains control of the vlogging account used to publish that vlog.

(M) "Seasonal amusement or recreational establishment" means both of the following:

(1) An amusement or recreational establishment that does not operate for more than seven months in any calendar year;

(2) An amusement or recreational establishment whose average receipts for any six months during the preceding calendar year were not more than thirty-three and one-third per cent of its average receipts for the other six months of that calendar year.

(N) "Social media" means a service, platform, or web site where users communicate with one another free of charge and share media such as pictures, videos, music, and blogs.

(O) "Vlog" means video content shared on an online platform in exchange for compensation.

(P) "Vlog compensation" means funds disbursed by the operator of an online platform to a payment account in connection with a vlog created and published by a publishing minor. "Vlog compensation" includes disbursements based on advertising, revenue sharing, subscriptions, view counts, tips, memberships, or other similar metrics.

(Q)(1) "Vlogger" means an individual or family that resides in Ohio and that creates video content that is published as a vlog.

(2) "Vlogger" includes any proprietorship, partnership, company, or other corporate entity assuming the name or identity of a particular individual or family for the purposes of that content creation.

(3) "Vlogger" does not include any person who is a minor.

(R) "Vlogging account" means any account, profile, or user that publishes vlogs to an online platform.

(S) "Vlogging minor" means a natural person who meets all of the following criteria during a calendar year:

(1) The person was a minor at any point in the calendar year;

(2)(a) The person's likeness, name, or photograph is included in at least thirty per cent of a vlogger's compensated video content published within a thirty-day period during the calendar year.

(b) Content percentage is measured by the percentage of time the likeness, name, or photograph of the person visually appears in, or is the subject of an oral narrative included in, a video in comparison to the total length of the video.

(3) The person's likeness, name, or photograph is included in videos published in the calendar year in question for which a vlogger received compensation equal to or greater than one-tenth of one cent per view.

Sec. 4109.06. (A) This chapter does not apply to the following:

(1) Minors who are students working on any properly guarded machines in the manual training department of any school when the work is performed under the personal supervision of an instructor;

(2) Students participating in a career-technical or STEM program approved by the Ohio department of education and workforce or students participating in any eligible classes through the college credit plus program established under Chapter 3365. of the Revised Code that include a state-recognized pre-apprenticeship program that imparts the skills and knowledge needed for successful participation in a registered apprenticeship occupation course;

(3) A minor participating in a play, pageant, or concert produced by an outdoor historical drama corporation, a professional traveling theatrical production, a professional concert tour, or a personal appearance tour as a professional motion picture star, or as an actor or performer in motion pictures or in radio or television productions in accordance with the rules adopted pursuant to division (A) of section 4109.05 of the Revised Code;

(4) The participation, without remuneration of a minor and with the consent of a parent or guardian, in a performance given by a church, school, or academy, or at a concert or entertainment given solely for charitable purposes, or by a charitable or religious institution;

(5) Minors who are employed by their parents in occupations other than occupations prohibited by rule adopted under this chapter;

(6) Minors engaged in the delivery of newspapers to the consumer;

(7) Minors who have received a high school diploma or a certificate of attendance from an accredited secondary school or a certificate of high school equivalence;

(8) Minors who are currently heads of households or are parents contributing to the support of their children;

(9) Minors engaged in lawn mowing, snow shoveling, and other related employment;

(10) Minors employed in agricultural employment in connection with farms operated by their parents, grandparents, or guardians where they are members of the guardians' household. Minors are not exempt from this chapter if they reside in agricultural labor camps as defined in section 3733.41 of the Revised Code;

(11) Students participating in a program to serve as precinct officers as authorized by section 3501.22 of the Revised Code;

(12) Vlogging minors, except as provided in sections 4109.23 and 4109.231 of the Revised Code.

(B) Sections 4109.02, 4109.08, 4109.09, and 4109.11 of the Revised Code do not apply to the following:

(1) Minors who work in a sheltered workshop operated by a county board of developmental disabilities;

(2) Minors performing services for a nonprofit organization where the minor receives no compensation, except for any expenses incurred by the minor or except for meals provided to the minor;

(3) Minors who are employed in agricultural employment and who do not reside in agricultural labor camps.

(C) Division (D) of section 4109.07 of the Revised Code does not apply to minors who have their employment hours established as follows:

(1) A minor adjudicated to be an unruly child or delinquent child who, as a result of the adjudication, is placed on probation may either file a petition in the juvenile court in whose jurisdiction the minor resides, or apply to the superintendent or to the chief administrative officer who issued the minor's age and schooling certificate pursuant to section 3331.01 of the Revised Code, alleging the restrictions on the hours of employment described in division (D) of section 4109.07 of the Revised Code will cause a substantial hardship or are not in the minor's best interests. Upon receipt of a petition or application, the court, the superintendent, or the chief administrative officer, as appropriate, shall consult with the person required to supervise the minor on probation. If after that consultation, the court, the superintendent, or the chief administrative officer finds the minor has failed to show the restrictions will result in a substantial hardship or that the restrictions are not in the minor's best interests, the court, the superintendent, or the chief administrative officer shall uphold the restrictions. If after that consultation, the court, the superintendent, or the chief administrative officer finds the minor has shown the restricted hours will cause a substantial hardship or are not in the minor's best interests, the court, the superintendent, or the chief administrative officer shall establish differing hours of employment for the minor and notify the minor and the minor's employer of those hours, which shall be binding in lieu of the restrictions on the hours of employment described in division (D) of section 4109.07 of the Revised Code.

(2) Any minor to whom division (C)(1) of this section does not apply may either file a petition in the juvenile court in whose jurisdiction the person resides, or apply to the superintendent or to the chief administrative officer who issued the minor's age and schooling certificate pursuant to section 3331.01 of the Revised Code, alleging the restrictions on the hours of employment described in division (D) of section 4109.07 of the Revised Code will cause a substantial hardship or are not in the minor's best interests.

If, as a result of a petition or application, the court, the superintendent, or the chief administrative officer, as appropriate, finds the minor has failed to show such restrictions will result in a substantial hardship or that the restrictions are not in the minor's best interests, the court, the superintendent, or the chief administrative officer shall uphold the restrictions. If the court, the superintendent, or the chief administrative officer finds the minor has shown the restricted hours will cause a substantial hardship or are not in the minor's best interests, the court, the superintendent, or the chief administrative officer shall establish the hours of employment for the minor and shall notify the minor and the minor's employer of those hours.

(D) Section 4109.03, divisions (A) and (C) of section 4109.02, and division (B) of section 4109.08 of the Revised Code do not apply to minors who are sixteen or seventeen years of age and who are employed at a seasonal amusement or recreational establishment.

(E) As used in this section, "certificate of high school equivalence" means either:

(1) A statement issued by the department of education and workforce that the holder of the statement has achieved the equivalent of a high school education as measured by scores obtained on a high school equivalency test approved by the department pursuant to division (B) of section 3301.80 of the Revised Code;

(2) A statement issued by a primary-secondary education or higher education agency of another state that the holder of the statement has achieved the equivalent of a high school education as measured by scores obtained on a similar nationally recognized high school equivalency test.

Sec. 4109.23. (A)(1) A vlogger whose content features a vlogging minor shall maintain all of the following records for each calendar year:

(a) The name and documentary proof of the age of each vlogging minor the vlogger featured;

(b) The number of vlogs that featured a vlogging minor that generated compensation during a calendar year;

(d) The total number of minutes each vlogging minor featured by the vlogger was featured in vlogs during the reporting period;

(e) The total compensation generated from vlogs featuring each vlogging minor during the reporting period;

(f) The amount deposited into a trust account for the benefit of the vlogging minor, as required by section 4109.231 of the Revised Code.

(2) Not later than the first day of March each year, a vlogger shall provide to each vlogging minor who was featured in a video published by the vlogger in the previous calendar year the information required in division (A)(1) of this section that relates to that minor.

(B) A vlogging minor may commence a civil action against a vlogger who fails to comply with division (A) of this section to enforce the provisions of this section.

Sec. 4109.231. (A) As used in this section, "minimum contribution" means one-half of the percentage of time the likeness, name, or photograph of a vlogging minor was featured in a vlog multiplied by the gross earnings for that vlog in a calendar year.

(B) A vlogger shall compensate any vlogging minor featured in the vlogger's vlogs as provided in this section.

(C) Not later than the first day of March each year, a vlogger shall set aside a portion of gross earnings collected during the previous calendar year on any vlog featuring the likeness, name, or photograph of a vlogging minor in a trust account according to the following distribution:

(1) Where only one vlogging minor is featured, an amount equal to or greater than the minimum contribution;

(2) Where more than one vlogging minor is featured, an amount equal to or greater than the minimum contribution shall be divided equally and deposited into separate trust accounts for the vlogging minors, regardless of differences in the percentage of time the vlogging minors were featured.

(D)(1) A vlogger shall make the contributions required by division (C) of this section for a vlogging minor for each calendar year that the minor qualifies as a vlogging minor.

(2) This section shall not be construed as requiring a vlogger to make contributions for any calendar year that a minor did not qualify as a vlogging minor.

(E) A trust account required under this section shall, at minimum, meet all of the following requirements:

(1) The trust shall be preserved for the benefit of the minor and shall become available to the minor upon either of the following:

(a) The minor reaches eighteen years of age.

(b) The minor is declared emancipated by a court of competent jurisdiction.

(2) The funds in the account shall be available only to the minor.

(3) The account shall be held by a bank, corporate fiduciary, or trust company.

(4) The account shall meet the requirements of Chapter 5814. of the Revised Code.

(F)(1) If a vlogger knowingly or recklessly violates this section, a vlogging minor may commence an action to enforce the provisions of this section regarding the trust account.

(2) The court may award any of the following damages to a vlogging minor who prevails in any action brought in accordance with this section:

(a) Actual damages;

(b) Punitive damages;

(D) This section does not affect any other right or remedy available under any other section of the Revised Code.

(E) Nothing in this section shall be construed to have any effect on a party that is neither the vlogger nor the vlogging minor in question.

Sec. 4109.232. (A) Annually, not later than the first day of March, the account holder of a payment account that received vlog compensation in the preceding year shall set aside any such vlog compensation that meets all of the following conditions:

(1) The annual statement provided by the operator of the online platform that disbursed the vlog compensation indicates that the funds were generated in connection with one or more vlogs published by a publishing minor;

(2) The itemized statement indicates that the funds were disbursed for the benefit of a vlogging account belonging to a publishing minor;

(3) The vlog compensation was not generated by a vlog created or published by a vlogger.

(B) An account holder shall compensate a publishing minor using amounts set aside under division (A) of this section by doing one of the following:

(1) Transferring the amounts to the publishing minor in accordance with Chapter 5814. of the Revised Code;

(2) Depositing the amounts into a trust account that meets the requirements described in section 4109.231 of the Revised Code.

(C)(1) A publishing minor is entitled to the amounts described in division (A) of this section if the minor controls the vlogging account and electronic mail address identified in the itemized statement provided by the operator of the online platform with payment or transfer of the vlog compensation.

(2) If two or more publishing minors collectively operate a vlogging account, each of those publishing minors is entitled to an equal share of vlog compensation generated by any vlog for which that minor contributed.

(D) When a publishing minor reaches eighteen years of age, an account holder whose payment account receives vlog compensation to which a publishing minor is entitled under this section shall do all of the following:

(1) Inform the publishing minor that the account holder's payment account is receiving vlog compensation from the publishing minor's vlogs;

(2) Permit the publishing minor to terminate the payment account's association with the vlogging account;

(3) Inform the publishing minor that the account holder is no longer required by law to set aside earnings from the publishing minor's vlogs for that minor's benefit.

(F) If an account holder knowingly or recklessly violates this section, a publishing minor may commence an action to enforce the provisions of this section upon reaching eighteen years of age regarding any vlog compensation received by the account holder before that publishing minor reached eighteen years of age.

(G) A publishing minor who is aggrieved by a violation of this section may commence a cause of action to enforce this section within the six months following the date the publishing minor reaches eighteen years of age, or within six months after the date the former publishing minor discovers the violation, whichever is later.

(H) The court may award any of the following damages to a publishing minor or a person who previously qualified as a publishing minor who prevails in any action brought in accordance with this section:

(1) Actual damages;

(2) Punitive damages;

(3) The costs of the action, including attorney's fees and litigation costs.

Sec. 4109.233. (A) A person who qualified as a vlogging minor during any calendar year who has reached the age of eighteen or been declared emancipated by a court of competent jurisdiction may request the permanent deletion of any vlog that includes the likeness, name, or photograph of the person when that person was a minor from any online platform that provided compensation to the vlogger who published the vlog in question.

(B) An online platform shall take all reasonable steps to comply with a request made under division (A) of this section.

Section 2. That existing sections 4109.01 and 4109.06 of the Revised Code are hereby repealed.

Section 3. This act shall be known as the Kid Influencer Protection Act.