NY State Senate Bill 2009-S699

Archive: Last Bill Status - In Senate Committee Consumer Protection 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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to consumer protection
Jan 13, 2009	referred to consumer protection

co-Sponsors

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2009-S699 (ACTIVE) - Details

See Assembly Version of this Bill:: A1474
Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Add §391-q, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A504
2013-2014: A2663
2015-2016: A3766
2017-2018: A5276
2019-2020: A4170
2021-2022: A2184
2023-2024: A2026

2009-S699 (ACTIVE) - Summary

Prohibits the sale to minors of certain rated video games containing a rating that reflects content of various degrees of profanity, racist stereotypes or derogatory language, and/or actions toward a specific group of persons.

2009-S699 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S699                REVISED 01/14/09

 TITLE OF BILL :
An act to amend the general business law, in relation to prohibiting
sale of certain video games to minors


 PURPOSE :
This bill would prevent minors under the age of 18 from purchasing
video games that have a mature or violent rating, and it requires the
purchaser to show a valid form of identification in order to purchase
the game. These games, containing adult images such as morbid
violence, rape, alcohol and illegal drug use, as well as other
malicious acts, are not appropriate for children under 18. This
legislation will regulate the sale of such games.

 SUMMARY OF PROVISIONS :
Section 1 adds a new section 391-q to the General Business Law, to
prohibit the sale or rental of video games with a "mature" or
"violent" rating to any individual under the age of 18. It also
requires retailers or rental outlets to request identification from
individuals seeking to buy or rent these products.

Section 2 is a severability clause.

Section 3 establishes an effective date.

 JUSTIFICATION :
Video games containing purely adult images, situations, and scenarios
are far too readily available to children who often purchase these
games without any resistance from sellers. Studies have shown that
younger children who are exposed to games containing morbid violence,
illegal use of drugs and alcohol, violent crime, rape, and suicide are
more likely to partake in these crimes as they mature.

This bill would ban the sale of video games that have been given a
violent or mature rating to minors under the age of 18, and it would
require purchasers of these games to show a valid form of
identification in order to be sold. The bill would take a step towards
preventing our children from being influenced by the glamorization of
violence portrayed in such video games. Video games that include acts
such as violent crime, suicide, sodomy, rape, incest, bestiality,
sadomasochism, racism, religious violence, and the illegal use of
drugs or alcohol will be inaccessible to the most easily influenced
group. Similar legislation has already been introduced in other
states, such as New Jersey, Washington, Hawaii, Florida, and
California.

 LEGISLATIVE HISTORY :
Senate:
2007-08 - S.3866 Referred to Consumer Protection
2006 - S.2711A Referred to Consumer Protection
2005 - S.7140 Referred to Consumer protection
2004 - S.7140 Referred to Consumer Protection
Assembly:
New Bill- Referred to Consumer Affairs and protection

 FISCAL IMPLICATIONS :
None to the state.

 EFFECTIVE DATE :
This act shall take effect on the one hundred twentieth day after it
shall have become a law.

2009-S699 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   699

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 13, 2009
                               ___________

Introduced  by  Sens.  C. JOHNSON, AUBERTINE, BRESLIN, DIAZ, MONTGOMERY,
  ONORATO, PARKER, SAMPSON, THOMPSON -- read twice and ordered  printed,
  and  when  printed  to  be  committed  to  the  Committee  on Consumer
  Protection

AN ACT to amend the general business law,  in  relation  to  prohibiting
  sale of certain video games to minors

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The general business law is amended by adding a new section
391-q to read as follows:
  S 391-Q. SALE OF CERTAIN VIDEO  GAMES  TO  MINORS  PROHIBITED.  1.  NO
PERSON,  PARTNERSHIP  OR CORPORATION SHALL SELL OR RENT OR OFFER TO SELL
OR RENT TO ANY PERSON UNDER THE AGE OF EIGHTEEN  YEARS  ANY  VIDEO  GAME
THAT  HAS A MATURE OR VIOLENT RATING. SUCH VIDEOS MAY CONTAIN, BUT SHALL
NOT BE LIMITED TO, DEPICTIONS DESCRIPTIVE OF, ADVOCATING OR  GLAMORIZING
COMMISSION  OF A VIOLENT CRIME, SUICIDE, SODOMY, RAPE, INCEST, BESTIALI-
TY, SADOMASOCHISM, ANY FORM OF SEXUAL ACTIVITY IN A VIOLENT CONTEXT,  OR
ADVOCATING  OR  ENCOURAGING  MURDER, VIOLENT RACISM, RELIGIOUS VIOLENCE,
MORBID VIOLENCE OR THE ILLEGAL USE OF DRUGS OR ALCOHOL.
  2. EVERY PERSON, PARTNERSHIP OR CORPORATION ENGAGED IN THE RETAIL SALE
OR RENTAL OF VIDEO GAMES  SHALL  STORE  AND  DISPLAY  SUCH  VIDEO  GAMES
CONTAINING  CONTENTS  LISTED  IN  SUBDIVISION  ONE  OF THIS SECTION IN A
LOCATION DESIGNATED FOR PERSONS OVER THE AGE OF EIGHTEEN,  IN  A  MANNER
WHICH RESTRICTS ACCESS TO SUCH VIDEO GAMES.
  3.  SALE OR RENTAL OF ANY VIDEO GAME THAT CONTAINS ANY CONTENTS LISTED
IN SUBDIVISION ONE OF THIS SECTION, SHALL BE MADE ONLY TO AN  INDIVIDUAL
WHO  DEMONSTRATES,  THROUGH (A) A VALID DRIVER'S LICENSE OR NON-DRIVER'S
IDENTIFICATION AND ISSUED BY THE COMMISSIONER  OF  MOTOR  VEHICLES,  THE
FEDERAL   GOVERNMENT,  ANY  UNITED  STATES  TERRITORY,  COMMONWEALTH  OR
POSSESSION, THE DISTRICT OF COLUMBIA,  A  STATE  GOVERNMENT  WITHIN  THE
UNITED  STATES  OR A PROVINCIAL GOVERNMENT OF THE DOMINION OF CANADA; OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00169-01-9

S. 699                              2

(B) A VALID PASSPORT ISSUED BY THE UNITED STATES GOVERNMENT OR ANY OTHER
COUNTRY; OR (C) AN IDENTIFICATION CARD  ISSUED  BY  THE  UNITED  STATES,
INDICATING  THAT  THE INDIVIDUAL IS AT LEAST EIGHTEEN YEARS OF AGE. SUCH
IDENTIFICATION  NEED  NOT  BE  REQUIRED OF ANY INDIVIDUAL WHO REASONABLY
APPEARS TO BE AT LEAST THIRTY YEARS OF AGE, PROVIDED, HOWEVER, THAT SUCH
APPEARANCE SHALL NOT CONSTITUTE A DEFENSE IN  ANY  PROCEEDING  INVOLVING
SALE  OR RENTAL OF ANY VIDEO GAME, TO AN INDIVIDUAL UNDER EIGHTEEN YEARS
OF AGE.
  4. IN ANY PROCEEDING PURSUANT TO THIS SECTION, IT SHALL BE AN AFFIRMA-
TIVE DEFENSE THAT A  PERSON  PURCHASING  OR  RENTING  OR  ATTEMPTING  TO
PURCHASE  OR  RENT  ANY  VIDEO GAME DESCRIBED IN SUBDIVISION ONE OF THIS
SECTION PRODUCED A DRIVER'S LICENSE OR A NON-DRIVER IDENTIFICATION  CARD
APPARENTLY  ISSUED BY A GOVERNMENT ENTITY OR OTHER IDENTIFICATION PURSU-
ANT TO SUBDIVISION THREE OF THIS  SECTION,  SUCCESSFULLY  COMPLETED  THE
TRANSACTION,  AND  THAT THE VIDEO GAME SOLD OR RENTED TO SUCH PERSON WAS
REASONABLE RELIANCE UPON SUCH IDENTIFICATION AND TRANSACTION. IN  EVALU-
ATING THE APPLICABILITY OF SUCH AFFIRMATIVE DEFENSE, CONSIDERATION SHALL
BE  GIVEN TO ANY WRITTEN POLICY ADOPTED AND IMPLEMENTED BY THE SELLER TO
EFFECTUATE THE PROVISIONS OF THIS SECTION. USE OF ANY METHOD OF AN ELEC-
TRONIC TRANSACTION SCAN SHALL NOT EXCUSE ANY PERSON OPERATING A PLACE OF
BUSINESS WHEREIN VIDEO GAMES ARE SOLD OR RENTED, OR THE AGENT OR EMPLOY-
EE OF SUCH PERSON, FROM THE EXERCISE OF DUE DILIGENCE.   NOTWITHSTANDING
THE  PROVISIONS  OF THIS SUBDIVISION, ANY SUCH AFFIRMATIVE DEFENSE SHALL
NOT BE APPLICABLE IN ANY CIVIL OR CRIMINAL PROCEEDING, OR IN  ANY  OTHER
FORUM.
  5.  FOR  THE  PURPOSES OF THIS SECTION "RATING" MEANS THE STANDARDIZED
DESIGNATION COMMONLY USED TO INFORM PARENTS ABOUT VIDEO GAMES  REGARDING
LISTENING AND VIEWING BY THEIR CHILDREN.
  S  2. Severability. If any clause, sentence, paragraph, subdivision or
part of this act, or the application thereof to any  person  or  circum-
stance,  shall  be adjudged by any court of competent jurisdiction to be
invalid or unconstitutional, such judgment shall not affect,  impair  or
invalidate  the reminder thereof, but shall be confined in its operation
to the clause, sentence, paragraph, subdivision or part of this act,  or
in  its  application to the person or circumstance, directly involved in
the controversy in which such judgment shall have been rendered.
  S 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law.

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Senate Bill S699

Sponsored By

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

co-Sponsors

2009-S699 (ACTIVE) - Details

2009-S699 (ACTIVE) - Summary

2009-S699 (ACTIVE) - Sponsor Memo

2009-S699 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S699

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Sponsored By

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

co-Sponsors

2009-S699 (ACTIVE) - Details

2009-S699 (ACTIVE) - Summary

2009-S699 (ACTIVE) - Sponsor Memo

2009-S699 (ACTIVE) - Bill Text download pdf

Comments