NY State Senate Bill 2019-S1982

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 08, 2020	referred to consumer protection
Jan 18, 2019	referred to consumer protection

2019-S1982 (ACTIVE) - Details

Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Add §391-u, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S8173
2017-2018: S2651

2019-S1982 (ACTIVE) - Summary

Prohibits an augmented reality game developer from developing any augmented reality game that causes or allows any in-game objective to be located at, or accessible within a one hundred foot radius of the digital location corresponding with the recorded place of residence of a sex offender as defined in Article 6-C of the correction law; defines "augmented reality game" to be a digital application or game, typically accessed on mobile devices, including but not limited to: smartphones; tablets; or augmented reality glasses

2019-S1982 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1982

SPONSOR: SAVINO
 
TITLE OF BILL:

An act to amend the general business law, in relation to augmented real-
ity games

 
PURPOSE:

This bill will create a new class of digital games in the general busi-
ness law, and will ensure that in-game objectives are not located near
sex offenders' residences.

 
SUMMARY OF PROVISIONS:

Section 1: Defines augmented reality games, developers, and associated
in-game objectives. Mandates that augmented reality game developers
shall not cause or allow any in-game objectives to be located within a
one hundred foot radius of any registered sex offender's home (for
addresses that are listed on the Division of Criminal Justice Service's

website). Augmented reality game developers must update their in-game
location exclusions at least once per month. Empowers the attorney
general enforce this section via civil action or proceeding. The attor-
ney general may issue a daily fine of up to one hundred dollars for each
in-game location that is non-conforming.

Section 2: The act shall take effect 60 days after it becomes law.

 
EXISTING LAW:

Under current law, augmented reality games are not defined, and no such
requirements are placed on augmented reality game developers.

 
JUSTIFICATION:

Augmented reality games are a new class of games that allow users to
engage in scenarios that combine elements of the real world with
fictional elements which are part of the game. These games are often
played on smartphones and tablets, as they usually require the user to
move around from place to place to satisfy certain in-game objectives.
Some of these games, such as the massively popular "Pokemon GO" are like
modern scavenger hunts. They send a user outside his/her home to real-
world locations in order to find rare characters/items to gain more
power within the game. Pokemon GO is the first massively popular
augmented reality game, and within less than a month of its publishing,
has garnered 30 million downloads between the iOS and Google Play app
stores. However, because both children and adults are encouraged to play
these games, (Pokemon GO lists its target audience as all those over ten
years of age), there are inherent risks for unsupervised children. The
IDC has conducted an investigation that has revealed valuable in-game
objectives on the property of sex offenders' residences. Due to the
popularity of this emerging game type, and its ability to direct chil-
dren to certain locations to reach their goals in the game, it is neces-
sary to ensure that these augmented reality games are as safe as possi-
ble. This legislation will keep in-game objectives away from the homes
of sex offenders, thus eliminating the possibility that the game will
encourage children to play at or near a sex offender's residence.

 
LEGISLATIVE HISTORY:

2018: S2651 - Passed Senate
2017: S2651 - Passed Senate

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

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

2019-S1982 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1982
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 18, 2019
                                ___________
 
 Introduced  by  Sen.  SAVINO -- 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 augmented real-
   ity games
 
   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-u to read as follows:
   §  391-U. AUGMENTED REALITY GAME. 1. FOR THE PURPOSES OF THIS SECTION,
 THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "AUGMENTED REALITY GAME" SHALL BE A DIGITAL APPLICATION  OR  GAME,
 TYPICALLY  ACCESSED  ON  MOBILE  DEVICES,  INCLUDING BUT NOT LIMITED TO:
 SMARTPHONES; TABLETS; OR AUGMENTED REALITY GLASSES; WHICH  CAUSES  USERS
 TO  PHYSICALLY MOVE TO AND/OR PERSONALLY INTERACT WITH LOCATIONS OUTSIDE
 THE USER'S PLACE OF RESIDENCE FOR THE  PURPOSE  OF  ACHIEVING  GOALS  OR
 MOVING FROM PLACE TO PLACE WITHIN THE GAME.
   (B)  "IN-GAME  OBJECTIVE"  SHALL  BE  ANY ELEMENT OF THE GAME WHICH IS
 ACCESSIBLE AT A SPECIFIC DIGITAL LOCATION OR MULTIPLE DIGITAL LOCATIONS.
   (C) "DIGITAL LOCATION" SHALL BE THE IN-GAME LOCATION  ANALOGUE  TO  AN
 EXISTING  PHYSICAL ADDRESS IN THE REAL WORLD, MAPPED BY MEANS OF DIGITAL
 INFORMATION  PROCESSED  WITHIN  THE  GAME  THAT  CORRESPONDS  TO  ACTUAL
 ADDRESSES AND/OR GPS COORDINATES.
   (D)  "AUGMENTED  REALITY  GAME DEVELOPER" SHALL MEAN ANY INDIVIDUAL OR
 BUSINESS ENTITY WHICH HAS DEVELOPED AND OWNS THE RIGHTS TO AN  AUGMENTED
 REALITY  GAME.    IN  THE  EVENT  THAT A DEVELOPER SELLS THE CONTROLLING
 INTELLECTUAL PROPERTY RIGHTS TO ANOTHER ENTITY AND NO  LONGER  MAINTAINS
 CONTROL  OF  THE  DEVELOPMENT  OF  THE  AUGMENTED  REALITY GAME, THE NEW
 CONTROLLING ENTITY SHALL BE CONSIDERED THE DEVELOPER.
   2. NO AUGMENTED REALITY  GAME  DEVELOPER  SHALL  CAUSE  OR  ALLOW  ANY
 IN-GAME  OBJECTIVE  TO BE LOCATED AT, OR ACCESSIBLE WITHIN A ONE HUNDRED
 FOOT RADIUS OF THE DIGITAL  LOCATION  CORRESPONDING  WITH  THE  REPORTED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD05597-01-9

 S. 1982                             2
 
 PLACE OF RESIDENCE OF A SEX OFFENDER SUBJECT TO LIFETIME REGISTRATION AS
 DEFINED  IN  ARTICLE  SIX-C  OF  THE  CORRECTION LAW, AS REPORTED ON THE
 INTERNET SUBDIRECTORY OF LEVEL TWO AND LEVEL THREE SEX  OFFENDERS  MAIN-
 TAINED BY THE DIVISION OF CRIMINAL JUSTICE SERVICES.
   3. AN AUGMENTED REALITY GAME DEVELOPER SHALL UPDATE ITS IN-GAME OBJEC-
 TIVE  DIGITAL  LOCATION  EXCLUSIONS  WITHIN  THE  GAME AT LEAST ONCE PER
 MONTH.
   4. THE ATTORNEY GENERAL SHALL HAVE THE AUTHORITY TO INSTITUTE A  CIVIL
 ACTION  OR  PROCEEDING  TO  ENFORCE THE PROVISIONS OF THIS SECTION.  ANY
 PERSON OR ENTITY THAT KNOWINGLY VIOLATES THIS SECTION SHALL  BE  SUBJECT
 TO  A  DAILY FINE OF UP TO ONE HUNDRED DOLLARS EACH DAY FOR EACH DIGITAL
 LOCATION WITHIN THE AUGMENTED REALITY GAME THAT  IS  NOT  IN  COMPLIANCE
 WITH THIS SECTION.
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.

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Senate Bill S1982

Sponsored By

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

2019-S1982 (ACTIVE) - Details

2019-S1982 (ACTIVE) - Summary

2019-S1982 (ACTIVE) - Sponsor Memo

2019-S1982 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S1982

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Sponsored By

Diane J. Savino

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

2019-S1982 (ACTIVE) - Details

2019-S1982 (ACTIVE) - Summary

2019-S1982 (ACTIVE) - Sponsor Memo

2019-S1982 (ACTIVE) - Bill Text download pdf

Comments