NY State Senate Bill 2015-S8173

Archive: Last Bill Status - In Senate Committee Rules 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
Aug 03, 2016	referred to rules

co-Sponsors

2015-S8173 (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: General Business Law
Laws Affected:: Add §391-u, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S2651
2019-2020: S1982

2015-S8173 (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

2015-S8173 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S8173

 TITLE OF BILL :  An act to amend the general business law, in
relation to augmented reality games

 PURPOSE :

This bill will create a new class of digital games in the general
business 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 attorney 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 children to certain locations to reach their goals in the game,
it is necessary to ensure that these augmented reality games are as
safe as possible. 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 :

This is a new bill.
 FISCAL IMPLICATIONS :

None.

 LOCAL FISCAL IMPLICATIONS :

None.

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

2015-S8173 (ACTIVE) - Bill Text download pdf

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

                                  8173

                            I N  S E N A T E

                             August 3, 2016
                               ___________

Introduced  by  Sens.  KLEIN,  SAVINO, AVELLA, CARLUCCI, VALESKY -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee on Rules

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:
  S 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
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

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

                                                           LBD15947-06-6

S. 8173                             2

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.
  S  2.  This  act  shall take effect on the sixtieth day after it shall
have become a law.

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Senate Bill S8173

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

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co-Sponsors

2015-S8173 (ACTIVE) - Details

2015-S8173 (ACTIVE) - Summary

2015-S8173 (ACTIVE) - Sponsor Memo

2015-S8173 (ACTIVE) - Bill Text download pdf

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Sponsored By

Jeffrey D. Klein

Archive: Last Bill Status - In Senate Committee Rules Committee

Actions

co-Sponsors

Diane J. Savino

Tony Avella

David Carlucci

David J. Valesky

2015-S8173 (ACTIVE) - Details

2015-S8173 (ACTIVE) - Summary

2015-S8173 (ACTIVE) - Sponsor Memo

2015-S8173 (ACTIVE) - Bill Text download pdf

Comments