H.B. 293

1

MATERIALS HARMFUL TO MINORS
2 2005 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: David L. Hogue
5
6 LONG TITLE
7 General Description:
8 This bill requires video game retailers to clearly label video games with their rating and
9 to post a sign and provide information about the video game rating system.
10 Highlighted Provisions:
11 This bill:
12 . requires video game retailers to:
13 . post a clearly legible sign in their retail establishment providing information
14 about the video game rating system or notifying consumers that a rating system
15 is available to aid in the selection of a game;
16 . post the sign in close proximity to the area where the video games are displayed
17 and in an area easily visible to video game consumers;
18 . make available to consumers, upon request, written information that explains
19 the video game rating system; and
20 . clearly display on the outside of a video game cassette, case, jacket, or covering
21 the rating for the video game, or if the video game has no rating, the video game
22 shall be clearly and prominently marked as "not rated";
23 . provides a penalty;
24 . requires the attorney general to:
25 . develop and publish on its web page a list of video games that are not
26 recommended for children; and
27 . encourage links to the attorney general's web page from other state and local

28 web pages; and
29 . authorizes the attorney general to develop a rating system for this state that reflects
30 the values of Utah citizens.
31 Monies Appropriated in this Bill:
32 None
33 Other Special Clauses:
34 None
35 Utah Code Sections Affected:
36 ENACTS:
37 13-41-101, Utah Code Annotated 1953
38 13-41-102, Utah Code Annotated 1953
39 13-41-103, Utah Code Annotated 1953
40 13-41-104, Utah Code Annotated 1953
41 13-41-105, Utah Code Annotated 1953
42 13-41-106, Utah Code Annotated 1953
43
44 Be it enacted by the Legislature of the state of Utah:
45 Section 1. Section 13-41-101 is enacted to read:
46 CHAPTER 41. VIDEO GAME RATING INFORMATION
47 13-41-101. Title.
48 This chapter is known as "Video Game Rating Information."
49 Section 2. Section 13-41-102 is enacted to read:
50 13-41-102. Definitions.
51 As used in this section:
52 (1) "Rating system" means the rating of the Entertainment Software Rating Board.
53 (2) "Video game" means an object or device that stores recorded data or instructions,
54 receives data or instructions generated by a person who uses it, and by processing the data or
55 instructions, creates an interactive game capable of being played, viewed, or experienced on or
56 through a computer, gaming system, or other technology.
57 (3) "Video game retailer" means a person who sells or rents video games to the public.
58 Section 3. Section 13-41-103 is enacted to read:

59 13-41-103. Posting a video game rating system.
60 (1) Every video game retailer shall post a sign providing information about the video
61 game rating system or notifying consumers that information explaining the rating system is
62 available to aid in the selection of a game.
63 (2) The sign shall be:
64 (a) posted within the retail establishment and in close proximity to the area where the
65 video games are displayed;
66 (b) clearly visible to the video game consumers; and
67 (c) clearly legible to persons in near proximity to displayed video games.
68 (3) A video game retailer shall make available to consumers, upon request, written
69 information that explains the video game rating system.
70 Section 4. Section 13-41-104 is enacted to read:
71 13-41-104. Display of video game rating labels.
72 (1) A video game retailer shall clearly display on the outside of a video game cassette,
73 case, jacket, or covering the rating assigned by the Entertainment Software Rating Board for
74 the video game.
75 (2) If the video game has no assigned rating, the video game shall be clearly and
76 prominently marked as "not rated".
77 Section 5. Section 13-41-105 is enacted to read:
78 13-41-105. Attorney general to develop and publish a list of video games not
79 recommended for children.
80 (1) The attorney general shall develop and maintain a current list of video games not
81 appropriate for children, based on consideration of:
82 (a) the rating system of the Entertainment Software Rating Board;
83 (b) lists developed by parents, government groups, or other rating organizations;
84 (c) games that contain scenes or depictions of graphic violence;
85 (d) games that contain sexual themes, sexual violence, nudity, or partial nudity; or
86 (e) games that contain profanity, actions toward a specific group of persons, racist
87 stereotypes, or derogatory language.
88 (2) The attorney general shall:
89 (a) publish its list of video games not appropriate for children on its web page and state

90 the reasons each game is not recommended; and
91 (b) encourage links to its web page from state and local school websites, and from the
92 Division of Consumer Protection's website.
93 (3) The attorney general may, if other rating systems are found to be inadequate,
94 develop a video game rating system for use in this state that reflects the values of Utah's
95 citizens.
96 Section 6. Section 13-41-106 is enacted to read:
97 13-41-106. Private action.
98 (1) A person who has purchased a video game from a video game retailer may bring an
99 action in any court of competent jurisdiction in this state against that video game retailer for
100 violations of Section 13-41-103 or 13-41-104 .
101 (2) In an action under Subsection (1), a video game retailer may be liable to the person
102 who brings the action for:
103 (a) the lesser of:
104 (i) $50 for each day the video game retailer violates Section 13-41-103 or 13-41-104 ;
105 or
106 (ii) $500; and
107 (b) court costs and reasonable attorney fees as determined by the court.
108 (3) A person may not bring a class action under this chapter.




Legislative Review Note
as of 2-17-05 1:19 PM

Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.

Office of Legislative Research and General Counsel