Bill Text: NY S00308 | 2013-2014 | General Assembly | Introduced

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Bill Title: Prohibits the sale to minors of any video game that has a mature or violent rating.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2013-01-09 - REFERRED TO CONSUMER PROTECTION [S00308 Detail]

Download: New_York-2013-S00308-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          308
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by  Sen.  ADAMS  -- 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:
    1    Section 1. The general business law is amended by adding a new section
    2  391-s to read as follows:
    3    S 391-S. SALE OF CERTAIN VIDEO  GAMES  TO  MINORS  PROHIBITED.  1.  NO
    4  PERSON,  PARTNERSHIP  OR CORPORATION SHALL SELL OR RENT OR OFFER TO SELL
    5  OR RENT TO ANY PERSON UNDER THE AGE OF EIGHTEEN  YEARS  ANY  VIDEO  GAME
    6  THAT  HAS A MATURE OR VIOLENT RATING. SUCH VIDEOS MAY CONTAIN, BUT SHALL
    7  NOT BE LIMITED TO, DEPICTIONS DESCRIPTIVE OF, ADVOCATING OR  GLAMORIZING
    8  COMMISSION  OF A VIOLENT CRIME, SUICIDE, SODOMY, RAPE, INCEST, BESTIALI-
    9  TY, SADOMASOCHISM, ANY FORM OF SEXUAL ACTIVITY IN A VIOLENT CONTEXT,  OR
   10  ADVOCATING  OR  ENCOURAGING  MURDER, VIOLENT RACISM, RELIGIOUS VIOLENCE,
   11  MORBID VIOLENCE OR THE ILLEGAL USE OF DRUGS OR ALCOHOL.
   12    2. EVERY PERSON, PARTNERSHIP OR CORPORATION ENGAGED IN THE RETAIL SALE
   13  OR RENTAL OF VIDEO GAMES  SHALL  STORE  AND  DISPLAY  SUCH  VIDEO  GAMES
   14  CONTAINING  CONTENTS  LISTED  IN  SUBDIVISION  ONE  OF THIS SECTION IN A
   15  LOCATION DESIGNATED FOR PERSONS OVER THE AGE OF EIGHTEEN,  IN  A  MANNER
   16  WHICH RESTRICTS ACCESS TO SUCH VIDEO GAMES.
   17    3.  SALE OR RENTAL OF ANY VIDEO GAME THAT CONTAINS ANY CONTENTS LISTED
   18  IN SUBDIVISION ONE OF THIS SECTION, SHALL BE MADE ONLY TO AN  INDIVIDUAL
   19  WHO  DEMONSTRATES,  THROUGH (A) A VALID DRIVER'S LICENSE OR NON-DRIVER'S
   20  IDENTIFICATION AND ISSUED BY THE COMMISSIONER  OF  MOTOR  VEHICLES,  THE
   21  FEDERAL   GOVERNMENT,  ANY  UNITED  STATES  TERRITORY,  COMMONWEALTH  OR
   22  POSSESSION, THE DISTRICT OF COLUMBIA,  A  STATE  GOVERNMENT  WITHIN  THE
   23  UNITED  STATES  OR A PROVINCIAL GOVERNMENT OF THE DOMINION OF CANADA; OR
   24  (B) A VALID PASSPORT ISSUED BY THE UNITED STATES GOVERNMENT OR ANY OTHER
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00546-01-3
       S. 308                              2
    1  COUNTRY; OR (C) AN IDENTIFICATION CARD  ISSUED  BY  THE  UNITED  STATES,
    2  INDICATING  THAT  THE INDIVIDUAL IS AT LEAST EIGHTEEN YEARS OF AGE. SUCH
    3  IDENTIFICATION NEED NOT BE REQUIRED OF  ANY  INDIVIDUAL  WHO  REASONABLY
    4  APPEARS TO BE AT LEAST THIRTY YEARS OF AGE, PROVIDED, HOWEVER, THAT SUCH
    5  APPEARANCE  SHALL  NOT  CONSTITUTE A DEFENSE IN ANY PROCEEDING INVOLVING
    6  SALE OR RENTAL OF ANY VIDEO GAME, TO AN INDIVIDUAL UNDER EIGHTEEN  YEARS
    7  OF AGE.
    8    4. IN ANY PROCEEDING PURSUANT TO THIS SECTION, IT SHALL BE AN AFFIRMA-
    9  TIVE  DEFENSE  THAT  A  PERSON  PURCHASING  OR  RENTING OR ATTEMPTING TO
   10  PURCHASE OR RENT ANY VIDEO GAME DESCRIBED IN  SUBDIVISION  ONE  OF  THIS
   11  SECTION  PRODUCED A DRIVER'S LICENSE OR A NON-DRIVER IDENTIFICATION CARD
   12  APPARENTLY ISSUED BY A GOVERNMENT ENTITY OR OTHER IDENTIFICATION  PURSU-
   13  ANT  TO  SUBDIVISION  THREE  OF THIS SECTION, SUCCESSFULLY COMPLETED THE
   14  TRANSACTION, AND THAT THE VIDEO GAME SOLD OR RENTED TO SUCH  PERSON  WAS
   15  REASONABLE  RELIANCE UPON SUCH IDENTIFICATION AND TRANSACTION. IN EVALU-
   16  ATING THE APPLICABILITY OF SUCH AFFIRMATIVE DEFENSE, CONSIDERATION SHALL
   17  BE GIVEN TO ANY WRITTEN POLICY ADOPTED AND IMPLEMENTED BY THE SELLER  TO
   18  EFFECTUATE THE PROVISIONS OF THIS SECTION. USE OF ANY METHOD OF AN ELEC-
   19  TRONIC TRANSACTION SCAN SHALL NOT EXCUSE ANY PERSON OPERATING A PLACE OF
   20  BUSINESS WHEREIN VIDEO GAMES ARE SOLD OR RENTED, OR THE AGENT OR EMPLOY-
   21  EE  OF SUCH PERSON, FROM THE EXERCISE OF DUE DILIGENCE.  NOTWITHSTANDING
   22  THE PROVISIONS OF THIS SUBDIVISION, ANY SUCH AFFIRMATIVE  DEFENSE  SHALL
   23  NOT  BE  APPLICABLE IN ANY CIVIL OR CRIMINAL PROCEEDING, OR IN ANY OTHER
   24  FORUM.
   25    5. FOR THE PURPOSES OF THIS SECTION "RATING"  MEANS  THE  STANDARDIZED
   26  DESIGNATION  COMMONLY USED TO INFORM PARENTS ABOUT VIDEO GAMES REGARDING
   27  LISTENING AND VIEWING BY THEIR CHILDREN.
   28    S 2. Severability. If any clause, sentence, paragraph, subdivision  or
   29  part  of  this  act, or the application thereof to any person or circum-
   30  stance, shall be adjudged by any court of competent jurisdiction  to  be
   31  invalid  or  unconstitutional, such judgment shall not affect, impair or
   32  invalidate the reminder thereof, but shall be confined in its  operation
   33  to  the clause, sentence, paragraph, subdivision or part of this act, or
   34  in its application to the person or circumstance, directly  involved  in
   35  the controversy in which such judgment shall have been rendered.
   36    S 3. This act shall take effect on the one hundred twentieth day after
   37  it shall have become a law.