NY State Senate Bill 2009-S753

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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to consumer protection
Jan 15, 2009	referred to consumer protection

2009-S753 (ACTIVE) - Details

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: S3561
2013-2014: S308

2009-S753 (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-S753 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S753

 TITLE OF BILL :
An act to amend the general business law, in relation to prohibiting
sale of certain video games to minors containing racist stereotypes,
derogatory language and/or actions toward specific groups of persons


 PURPOSE :
This bill would ban the sale of certain designated adult games
containing racist stereotypes, derogatory language, and/or actions
toward specific groups of persons to minors under the age of 18. It
would also require purchasers of these games to show a valid form of
identification in order to purchase the game.

 SUMMARY OF PROVISIONS :
Section 1 adds a new section 391-q to the general business law that
forbids the sale of mature video games containing racist stereotypes,
derogatory language, and/or actions toward specific groups of persons
to minors younger than the age of 18 and requires that the purchaser
show a valid form of identification in order to purchase the game.

 JUSTIFICATION :
Video games depicting violent or derogatory acts against specific
types of racial and ethnic groups are extremely detrimental to
society. These games are racist and discriminatory in nature, and they

should not be sold without restrictions. Children exposed to such
ideas through video games are more likely to imitate the actions of
the characters. 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.  Children are the most impressionable
group in society, so we must prevent racial or discriminatory ideas
and actions from being seen by them in a glorified manner.

These measures must be taken to end the spread of stereotypes and
violence in society, this bill would prevent children from gaining
access to video games that contain racial stereotypes and/or violence
against minority groups. Vendors of video games will be prohibited
from selling video games that are deemed to contain racial themes or
violence to those under 18. Similar legislation has been introduced in
other states such as New Jersey, Washington, Hawaii, Florida, and
California.

 LEGISLATIVE HISTORY :
This bill was first introduced in 2004.
S2783
02/12/07 Referred to Consumer Protection
01/09/08 Referred to Consumer Protection

A4949
02/12/07 Referred to Economic Development
01/09/08 Referred to Economic Development
06/03/08 Reported Referred to Codes

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act shall take effect on the first of November next succeeding
the date on which it shall become law.

2009-S753 (ACTIVE) - Bill Text download pdf

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

    S. 753                                                   A. 2288

                       2009-2010 Regular Sessions

                      S E N A T E - A S S E M B L Y

                            January 15, 2009
                               ___________

IN SENATE -- Introduced by Sen. ADAMS -- read twice and ordered printed,
  and  when  printed  to  be  committed  to  the  Committee  on Consumer
  Protection

IN ASSEMBLY -- Introduced by M. of A. GREENE -- read once  and  referred
  to the Committee on Consumer Affairs and Protection

AN  ACT  to  amend  the general business law, in relation to prohibiting
  sale of certain video games to minors containing  racist  stereotypes,
  derogatory language and/or actions toward specific groups of persons

  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  RATING  CONTAINING RACIST STEREOTYPES, DEROGATORY LANGUAGE
AND/OR ACTIONS TOWARD A SPECIFIC GROUP OR GROUPS OF PERSONS. SUCH  VIDEO
GAMES  MAY  CONTAIN, BUT SHALL NOT BE LIMITED TO, PROFANE SLANG, PROFANE
RELIGIOUS EXCLAMATIONS, OBSCENE SLANG, OBSCENE REFERENCES TO BODY PARTS,
CHARACTER OR RELIGIOUS SLURS, PROFANE CHARACTER SLURS, OR  RACIAL  SLURS
OR  VIOLENT  BEHAVIOR TOWARD SPECIFIC PERSONS OR GROUPS OF PERSONS BASED
UPON RACE.
  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00169-02-9

S. 753                              2                            A. 2288

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
(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  WITH
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 remainder 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 first of November next succeed-
ing the date on which it shall have become a law.

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Senate Bill S753

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

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2009-S753 (ACTIVE) - Details

2009-S753 (ACTIVE) - Summary

2009-S753 (ACTIVE) - Sponsor Memo

2009-S753 (ACTIVE) - Bill Text download pdf

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Sponsored By

Eric Adams

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

Actions

2009-S753 (ACTIVE) - Details

2009-S753 (ACTIVE) - Summary

2009-S753 (ACTIVE) - Sponsor Memo

2009-S753 (ACTIVE) - Bill Text download pdf

Comments