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UNITED STATES CONGRESS

Current Session: 2005/2006

Bill No.(s)

Sponsors/

Cosponsors 

Summary Description

Progress

Notes

 

S2126

Bayh

Clinton

Lieberman

Family Entertainment Protection Act

Makes it illegal to rent or sell a game rated Mature or Adults Only to minors.  Requires an annual, independent analysis of the ratings system, authorizes FTC to investigate misleading ratings, authorizes annual audit of retailers to determine compliance

12/16/05 - Introduced, referred to Committee on Commerce, Science, and Transportation

This bill relies on the industry ratings system rather than an independent analysis of violence. This may add to the constitutionality issues which have plagued similar bills.  Clinton recently accepted a $1,000 a plate fundraiser dinner hosted by the industry, leading to suspicion by some critics of her sincerity on this issue, and one critic to even suggest that she purposely framed a bill she believed would be found unconstitutional.  The author of this website is uncertain what her motives are,  but it is curious behavior on her part, and so I am passing it along to readers.  The other two cosponsors DID not, to my knowledge, accept similar contributions by the gaming industry

HR 4124

Markey (MA)

Baca

Ford

Hart

To amend the Public Health Service Act to authorize funding for the establishment of a program on children and the media within the Centers for Disease Control and Prevention to study the role and impact of electronic media in the development of children.
 

The stated purpose of this bill is to:

(1) examine the role and impact of electronic media in children's and adolescents' cognitive, social, emotional, physical, and behavioral development; and (2) provide for a report to Congress containing the empirical evidence and other results produced by the research funded through grants under this Act

11/22/2005 – Referred to Subcommitee on Health

10/24/05 - Introduced, referred to the House Committee on Energy and Commerce.

 

This bill authorizes $90 Million to be spent to investigate media influences on children (not just violent media).  Media types covered include television, movies, DVD's, video games, internet, cell phones  and any mass media "used to deliver media directly to children and adolescents"

The full text of this bill is (relatively) short and definitely worth reading.

Related to S1912 and S579

S1902

Lieberman

Bayh

Brownback

Clinton

Durban

Santorum

Children and Media Research Advancement Act

A bill to amend the Public Health Service Act to authorize funding for the establishment of a program on children and the media within the Centers for Disease Control and Prevention to study the role and impact of electronic media in the development of children.

9/14/2006 Passed Senate (unanimous); referred to the House Committee on Energy and Commerce.
 

3/8/2006 – Passed committee on  Health, Education, Labor, and Pensions.

 

10/10/2005 - Introduced

Related to HR4124 and S579

SR212

Brownback

A resolution expressing the sense of the Senate that the Federal Trade Commission should investigate the publication of the video game "Grand Theft Auto: San Andreas" to determine if the publisher deceived the Entertainment Software Ratings Board to avoid an "Adults Only" rating.
 

7/26/05 - Introduced, referred to the Committee on Commerce, Science, and Transportation.

 

HR376

Upton (MI)

Markey (MA)
Pitts (PA)

Expressing the sense of the House of Representatives that the Federal Trade Commission should investigate the publication of the video game "Grand Theft Auto: San Andreas" to determine if the publisher intentionally deceived the Entertainment Software Ratings Board to avoid an "Adults -Only" rating

 

7/25/05 - Passed 355/21

7/22/05 - Introduced

NOTE:  Grand Theft Auto/San Andreas was recently found to have hidden sex scenes, which could be unhidden with code available over the internet.

S946

Wyden (OR)

Kid Friendly TV Programming Act of 2005:  Requires multichannel video programming distributors to offer at least 15 child-friendly channels. Child-friendly means they do not carry programming, advertisements, or public service announcements that would be considered inappropriate for children due to obscene, indecent, profane, sexual, or gratuitous and excessively violent content..

 

4/28/05 - Introduced, referred to the Committee on Commerce, Science, and Transportation

Note:  This relates to television.

S616

Rockefeller - WV

Hutchison - TX

Indecent and Gratuitous and Excessively Violent Programming Control Act of 2005

Requires the FCC to assess the prevalence of violent programming on television and by multichannel video programming distributors, the effectiveness of broadcast television and multichannel video programming measures to protect children from violence. If measures are determined inadequate, the FCC is authorized to adopt measures to protect children. Also authorizes local stations to refuse to broadcast violent content without penalty.

3/14/05 - Introduced and referred to Committee on Commerce, Science and Technology

Also has language related to obscenity and indecency

S579

Lieberman(CT)

Brownback (KA)

Clinton (NY)Durbin (IL)

Ensign (NV)

Johnson (SD)

Landrieu (LA)

Lincoln (AR) Santorium(PA)

Children and Media Research Advancement Act

 

Amends the Public Health Service Act to authorize funding for the establishment of a program on children and the media within the National Institute of Child Health and Human Development to study the role and impact of electronic media in the development of children .

3/9/05 - Introduced, referred to Committee on Health, Education, Labor, and Pensions

 Related to HR4124 and S1912

HR1145

Baca - CA

30 Cosponsors

 

Safe Ratings Act of 2005

 

Requires the Federal Trade Commission to study the rating system of the video game industry and assess their labeling practices to determine if such practices are unfair or deceptive.

3/22/05 -Referred to subcommittee on Commerce, Trade, and Consumer Protection

3/8/05 - Introduced, referred to House Committee on Energy and Commerce

 

Does not ask for any analysis of appropriateness of ratings criteria - only that the ratings board is following its own criteria. 

HR669

Baca - CA

(42 cosponsors)

 

Short Title:  Protect Children from Video Game Sex and Violence Act of 2003

 

Amends Federal Criminal Code to prohibit the sale or rental to a minor of a video game that depicts nudity, sexual conduct, or other content harmful to minors

3/6/03 - Referred to Subcommittee on Crime, Terrorism, and Homeland Security

2/11/03 - Introduced and referred to the House Committee on the Judiciary

Nudity and sexual content in video games is often presented in a violent setting

HR3914

 

 

 

 

 

 

 

 

 

 

S161

HOUSE:

Baca - CA

Osborne - NE

Price - NC

Miller - FL

Pomeroy - ND

 

 

 

SENATE:

Hollings - SC Dorgan -ND
Hutchison - TX
Inouye - HI

Short Title: Children's Protection from Violent Programming Act

 

Directs FCC to access effectiveness of current measures to prohibit viewing of violent programming during hours when children are reasonably likely to comprise a substantial portion of the audience

 

Amends the FCC Act of 1934 to make in unlawful for any person to distribute violent programming not blockable by electronic means, with exceptions for specific types of violence (such as the news).

 

Directs FCC to impose forfeiture penalty for violations and revoke licenses of repeat offenders

 

Directs FCC to study and report to specified committees on the marketing to children of violent content by the motion picture, music recording, and computer and video game industries

HOUSE:

3/11/04 - Referred to the Subcommittee on Telecommunications and the Internet.

3/9/04 - Introduced and referred to the House Committee on Energy and Commerce

SENATE:

1/14/03 - Introduced and referred to Committee on Commerce, Science, and Transportation

This is one of the few pieces of proposed legislation that addresses media other than video games.

 

HR4645

 

 

 

Baca- CA 

(35 cosponsors)

 

Prevents sale or rental of adult video games to minors. Adult described as video game showing:

(1) decapitation, amputation, dismemberment, or mutilation;

(2) the killing of human beings or human-like beings by the use of an object as a lethal weapon or hand-to-hand fighting;

(3) the car jacking of a vehicle;

(4) the use of illegal drugs;

(5) rape or other sexual assault;

(6) prostitution;

(7) aggravated assault or battery; or

(8) any other violent felony. 

First offense fine of up to $1,000.

 

Similar bill reintroduced in 2003 (HR669)

7/10/02 - Referred to sumcommittee on Crime, Terrorism, and Homeland Security

5/2/02 Introduced and referred to Committee on Judiciary

 

 

S341

 

HR1005

Hollings

(5 cosponsors)

 

Shows

(12 cosponsors)

Seeks to restore the "family hour" by prohibiting the distribution of violent video programming during the hours that children are a large part of the audience if such programming is not blockable by electronic devices. Requires the FCC to evaluate its rules requiring television broadcasters and multichannel video distributors to rate and encode those programs that can be blocked by the v-chip. Allows the FCC authority to exempt from ratings programs such as news and sporting events

SENATE

2/15/01 - Senate Introduced and referred to Commerce committee

HOUSE

3/20/01 referred to telecommunications and the internet subcommittee

introduced and referred to Energy and Commerce Committee

Similar bill reintroduced in Senate in 2003 (S161)

 

 This is one of the few pieces of proposed legislation that addresses media other than video games.

 

HR655

Hastings (1 cosponsor)

Establish a commission to research the glorification of violence in the US, including media effects

3/2/01    - referred to Subcommittee on Crime

2/14/01 - Introduced 

 

 

 

HR1916

Wamp, Stupak

21st Century Media Responsibility Act of 2001 - Amends the Federal Cigarette Labeling and Advertising Act to state that it is the policy of Congress to provide for the establishment, use, and enforcement of a consistent and comprehensive system for labeling violent content in audio and visual media products, including the appropriateness of such products for minors.

5/22/01 - referred to Committee on Energy and Commerce

5/17/01 - Introduced

 

 

HR2246

S792

(IDENTICAL BILLS)

Israel, Osborne, Lucas

Leiberman, Byrd, Rodham, Kohl

Media Marketing Accountability Act of 2001 - Declares that targeted marketing to minors of an adult-rated motion picture, music recording, or electronic game shall be treated as a deceptive act or practice within the meaning of the Federal Trade Commission Act, and considered unlawful unless the producer or distributor responsible for advertising or marketing adheres to a voluntary self-regulatory system that comports with criteria established by the Federal Trade Commission (FTC).

HOUSE ACTIONS

6/25/01 -  Referred to House committee on Energy and Commerce

6/20/01 - Introduced

SENATE ACTIONS

4/26/01 Read twice and referred to the Committee on Commerce, Science, and Transportation

 

 

 

S124

Brownback, Byrd, DeWine, Dorgam, Helms, Infofe, Tim Johnson,Kohl, Lott, Sessions

Children's Protection Act of 2001:  A bill to exempt agreements relating to voluntary guidelines governing telecast material, movies, video games, Internet content, and music lyrics from the applicability of the antitrust laws, and for other purposes.

1/22/01 - Read twice and referred to the Committee on Judiciary

 

 

HR2210

Kaptur, Hunter

To establish the National Commission on the Impact of United States Culture on American Youth.

8/20/01 - Referred to the Subcommittee on Education Reform.

6/18/01 - Introduced and referred to the House Committee on Education and the Workforce.

 

 

 

US Congress Page Link: http://thomas.loc.gov

 

ALABAMA

Bill No.(s)

Co-Sponsors

Summary Description

Progress

Notes

HB573

Brewbaker, Love,
Thomas (E),
Salaam,
Clouse,
Beck,
Johnson,
Vance,
Martin,
Thigpen, Beasley,
Hurst,
Greeson,
Gaston,
Barton
Glover
 

Prohibits the sale or rental of sexually explicit video games to minors. 

3/3/05 - Introduced and referred to judiciary

Although this is related to sexual, rather than violent content, it is included in this table as sexually explicit video games are not currently illegal to minors, although other sexually explicit materials may be.

HB441

Love

(45 cosponsors)

Prohibits sale or rental of violent or sexually explicit video games to minors

5/3/05 - Indefinitely postponed in House

3/16/05 - Second reading and referred to Judiciary

2/15/05 - Introduced and referred to Judiciary

 

Alabama Legislature Link

 

ALASKA

None known

Alaska Legislature Link

 

ARIZONA

Bill No.(s)

Co-Sponsors

Summary Description

Progress

Notes

HB2581

Taylor
 

Prohibits the sale or rental of sexually explicit or violent video games to minors. 

2/7/2005 - Introduced and jointly referred to committees judiciary, commerce, rules.

 

Arizona Legislature Link

 

ARKANSAS

Current Session: 2006/2007

Bill No.(s)

Co-Sponsors

Summary Description

Progress

Notes

HB1852

Matayo
Berry

An act to establish a criminal offense for allowing the public exhibition of violent interactive video games to minors.  "Violent" is described as games having an "M" rating.

5/13/05-Died in House Committee at Sine Die adjournment
2/25/05 - Adopted by Rules and Engrossed
2/5/05 - Introduced, referred to Rules

 

HB2739

C. Taylor Anderson Bennett

Bledsoe Borhauer Creekmore Dangeau

Fite

Hardwick Hutchinson Mack

Nichols

Norton

Ormond

Parks

Roebuck Rosenbaum Schulte

 

 

An act to regulate a minor's accessibility to video games with violent or sexual context

 

4/17/03 -  Died in House Committee at Sine Die adjournment.

3/10/03 - Read the first time, rules suspended, read the second time and referred to the Committee on HOUSE

 

HB1025

Minton, Parks

Defines violence as it applies to video and computer games;

Provides for video game and computer game ratings to be determined by Atty General;

Provides penalties for selling or renting violent video games to minors;

Provides penalties for establishments not providing list of Atty General ratings

 

3/6/01 - WITHDRAWN BY AUTHOR

1/8/01 - Read the first time, rules suspended, read the second time and referred to the Committee on HOUSE RULES

11/15/00 - Prefiled

 

Arkansas Legislature Link

 

CALIFORNIA

Current Session 2005/2006

Bill No.(s)

Sponsor/Co-Sponsors

Summary Description

Progress

Notes

 

AB1179

AB 450

Yee

Makes it illegal to rent or sell a violent video game to persons under 18.  Games must be labeled clearly. Retailers not held accountable if they made good faith effort at asking for ID.  Fines up to $1000

10/7/05 - Signed into law by Governor

9/9/05 - To Governor for signature.

9/8/05 - Passed by Senate 22/9; Passed by House 65/7

9/8/05 -Unrelated bill amended to address violent video games

8/15/05 - Removed from inactive status

6/2/05 - Moved to inactive status by author.  May be reintroduced.

5/5/05 - Passed AEST &IM; to floor for full vote.  Rep. Yee is meeting with industry to consider a compromise bill before full floor vote.

4/19/05 - Passed Judiciary, referred to Arts, Entertainment, Sports Tourism, and Internet Media (AEST & IM).  Hearing Scheduled for May 3

2/15/05 - Introduced. 

Note:  this bill c hanged from AB450 to AB1179 in early September. 

ACR228

Chavez

This measure would resolve that the Entertainment Software Rating Board (ESRB) should carefully consider the content of video and computer games, and that its ratings should reflect content that allows participants to virtually commit realistic acts of violence. The measure would urge the video and computer game industry and its retail partners to make efforts to educate consumers about the availability of the ESRB rating system, and would urge retailers to utilize the rating system. The measure would also urge community groups, statewide advocacy groups, and the media to promote and educate consumers about the rating system.

8/9/04 - Adopted by Assembly Assembly and filed with Secretary of State.
7/29/04 Adopted by Senate and to Assembly. (Ayes 39. Noes 0.)
7/26/04 Withdrawn from committee. Ordered to Special Consent Calendar.
7/6/04 - In Senate. To Com. on RLS.
7/2/04 - Amended, adopted, and to Senate.
6/16/04 - Referred to Com. on A.,E.,S.,T., & I.M.
4/22/04 - Introduced. To print.
 

 

AB1793

Yee

Runner

Koretz

Lieber

Mullin

Vargas

Senator Kuehl

 

Requires that video game retailers post ratings information in a visible area.

 9/21/04 - Signed by the Governor.
8/16/04 - Approved by the Senate with amendments.
6/22/04 - Passed out of Business & Professions Senate committee.
5/26/04 - Passed out of Assembly with significant amendments.
5/13/04 - Passed Judicial Committee.

4/27/04 - Passed Committee with amendment that excluded the Mature category from the restriction, leaving the Adult Only category.

4/13/04 - Failed committee

3/1/04: Referred to Committee on Arts, Entertainment, Sports, Tourism and Internet Media

1/5/04 - First Reading (includes both Mature and Adult Only rated games.

The original version of this bill would have require that retailers place games rated M or AO in a separate area than other games. The version passed is much more limited.

AB1792

Yee

Runner

Koretz

Lieber

Mullin

Vargas

Senator Kuehl

 

Existing California law protects minors from distribution of "Harmful matter".  This law would expand the definition of harmful matter to include violent video games This bill would set forth legislative findings and declarations

regarding the harmful effects of violent video games on minors. It would include within the definition of harmful matter any video game that appeals to minors' morbid interest in violence, that enables the player to virtually inflict serious injury upon human beings or characters with substantially human characteristics in a manner that is especially heinous, atrocious, or cruel, as defined, and that lacks serious literary, artistic, political, or scientific value for minors.

4/13/04 - Failed Committee

3/1/04: Referred to Committee on Arts, Entertainment, Sports, Tourism and Internet Media and Public Safety

1/5/04 - First Reading.

This bill is somewhat unique in that it does not create a separate law regulating violent video games as some other states have attempted, but includes them in an already established law.

AB1956

Vargas

This bill would require a video arcade  
 to post a sign  notifying  consumers     that  an industry-created rating system  is available to aid in the selection of  a game.  The bill would also require a
arcade  to make a brochure available to consumer explaining this system.

9/21/02 - Signed into law by Governor

8/29/02 - Sent to Governor for signing

8/21/02 - Passed assembly

8/19/02 - Passed senate

2/14/02 - Introduced
 

 

AB40

Vargas

Requires video arcades to prominently label ratings of video games for violent and sexually explicit content.

Requires that video games with a "red" rating be located at least 10 feet from other video games and separated by a partition

2/7/02 -From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. Died pursuant to Art. IV, Sec. 10(c) of the Constitution.

4/25/01 -   Passed Judiciary committee and referred to Appropriations for Jan 2002.

4/16/01 - Introduced in amended form

This bill is patterned after a similar bill in Indianapolis which was overturned (see Indiana)  

California Legislative Page Link: http://www.leginfo.ca.gov/bilinfo.html

COLORADO

None known

Colorado  Legislative Page Link: http://www.state.co.us/gov_dir/stateleg.html

 

CONNECTICUT

Bill No.(s)

Co-Sponsors

Summary Description

Progress

Notes

SB 108

Harp, Toni

Prohibits the use of point and shoot games in public arcades by children

2/22/05 - Out of committee with no action

1/12/05 - Introduced and referred to Joint Committee on Children

This is almost identical to the bill which was passed in 2001, but then vetoed by the governor.

Public Act 01-54

SB119

Harp

Persons under 18 are prohibited from operating point-and-shoot simulator video games 

Fine up to $1,000 for violation

5/31/01 - Vetoed by governor

5/16/01 - Passed house

5/10/01 - Passed senate

 

 

Connecticut Legislature

 

DELAWARE

Current Session: 2006/2007

Bill No.(s)

Co-Sponsors

Summary Description

Progress

Notes

HB360

Keeley

Spence

Ulbrich

This Act expands the Protection of Minors from Harmful Materials statute to include video-games.

3/15/06 – Temporarily tabled

3/1/06 – Introduced, to Judiciary

NOTE: Judiciary committee found constitutional problems and is giving Keeley an opportunity to reword bill

HB319

Keeley

Spence

Ulbrich

 

This Act prohibits a person from selling or renting a video game, if rated, unless the official rating is clearly displayed. This Act also makes it unlawful for a person to sell or rent a 'Mature' rated game to a person under 17 or an 'Adults Only' rated game to a person under 18,  and requires proof of age prior to sale or rental. Any violation will be a Class “A” Misdemeanor.
 

11/03/05 - Introduced and assigned to Judiciary Committee

 Note:  This bill was withdrawn in favor of HB360, above.

HB221

Keeley

Reps.

Buckworth,

Carey,

D. Ennis,

Ewing,

George,

Hall-Long,

Hocker,

Houghton, Mulrooney, Williams;

 

Sen.

Henry

This bill prohibits a person from selling or renting a video game, if rated, unless the official rating is clearly displayed. This bill also makes it unlawful for a person to sell or rent to an underage person and requires proof of age prior to sale or rental. Any violation will be a Class "A" misdemeanor.

·       6/18/03 - Reported Out of Committee (JUDICIARY) with 5 On Its Merits, 1 Unfavorable

·       6/10/03 - Introduced and Assigned to Judiciary Committee in House

 

Delaware Legislature

 

DISTRICT OF COLUMBIA

Bill No.(s)

Co-Sponsors

Summary Description

Progress

Notes

B16-0125

Fenty

Graham
Brown
Barry
Orange
Catania
Gray
Ambrose
Schwartz
Evans
Mendelson
Cropp
 

Bans the sale or rental of games rated Mature, Rating Pending, or Not Rated to persons under 17; and bans sale or rental of games rated Adults Only,  to persons under 18.  Requires ratings to be posted.  First violation - $1,000.

2/9/05 - Referred to committee on Consumer and Regulatory Affairs

2/3/05 - Introduced, with public support of Mayor. Full text

 

 

District of Columbia Legislature

 

FLORIDA

Current Session:  2006

Bill No.(s)

Sponsor/Cosponsors

 

Summary Description

Progress

Notes

Resolution

(Miami-Dade School Board)

Bolanos

Resolution urging retailers not to sell Bully to minors (so, simply follow the ESRB ratings, then) and directing the school district to distribute information to parents on "on the potential harmful effects to children of playing interactive video games containing violence."

3/14/06 - Passed

Notes: Bully is a video game not yet released at the time of passage.  http://www.rockstargames.com/bully/

 

It has received considerable negative press and attention for its expected promotion of school violence at a time when schools are actively working to decrease bullying.

 

School Board website is www. dadeschools.net

305-995-1000

 

HB647

Baxley

Taylor

Prohibits a person from selling or renting a video game to a minor, or allowing a minor to play a video game in a video arcade, if the video game has been labeled as a violent video game;

5/6/2006 - Died in committee

4/17/2006 - Approved by Business Regulation Committee

3/7/2006 – First Reading

 

 

S0492

Diaz de la Portilla

Prohibits a person from selling or renting video game to minor, or allowing minor to play video game in video arcade, if such  game has been labeled as violent video game

5/5/06Died in committee 

 

4/04/06 - Passed Judiciary, to Judiciary Appropriations

 

03/08/06-Passed criminal justice 8/0.  To judiciary

01/11/06 Favorable by Commerce and Consumer Services; YEAS 7NAYS 1; Now in Criminal Justice

12/29/05 On Committee agenda-- Commerce and Consumer Services

11/10/05 Referred to Commerce and Consumer Services; Criminal Justice, Judiciary; Justice Appropriations

10/25/05 - Introduced

NOTE:  Related to  HB647

S1148

Miller, Les

Prohibits sale or rental of "adult" video game to persons under 18.  Adult video game means any video recording of a game which contains representations or images of excessive violence, nudity or  sexual conduct that is harmful to persons younger than 18 years of age.  Creates a third degree felony for violators.

5/6/05 - Died in Committee

03/08/05 SENATE Introduced, referred to Commerce and Consumer Services;
Criminal Justice; Justice Appropriations -SJ 00072

02/18/05 - Referred to Commerce and Consumer Services; Criminal Justice;
Justice Appropriations

1/31/05 - Filed

 

City of North Miami

 

Cannot sell or rent video games that contain realistic or photographic-like depictions of aggressive conflict in which the player kills, injures, or otherwise causes serious physical harm to a human form in the game without parental approval.

2004 - Failed second reading.

1/27/04 Council gave final approval (first reading), but implementation delayed until court case in Washington State is settled.

1/14/04 Council gave preliminary approval.

North Miami has a large Haitian community. Grand Theft Auto-Vice City, an "M-Mature" rated video games includes dialogue to "kick all the Haitians". The Haitian community demanded the wording me removed, which the game maker agreed to do on future releases. The community is pursuing further restrictions in court. It is against this backdrop this bill has been introduced.

HB91

 

 

 

 

 

 

 

 

 

 

 

 

SB646

McInvale

Antone;

Baxley; Brandenburg; Brutus;

Bucher;

Fiorentino

 

 

 

 

 

 

 

Miller

Defines "adult video game"; prohibits the sale or rental of adult video games to minors; requires proof of age to be presented prior to sale or rental of such video games; prohibits the purchase or rental of adult video games by minors; violation considered a third-degree felony.

4/30/04 - Died in committee on Judiciary

2/5/04 - HB Cosponsorship requested

11/21/03 - HB Introduced. Referred to Public Safety & Crime Prevention, Judiciary, and Appropriations

 

 04/30/04 SENATE Died in Committee on Children and Families

03/03/04 SENATE Favorable with 1 amendment(s) by Criminal Justice;

03/04/04 SENATE Now in Children and Families -SJ 00213

 12/05/03 S Referred to Criminal Justice; Children and Famil