A04004 Summary:

BILL NO    A04004 

SAME AS    Same as S 3031

SPONSOR    Englebright

COSPNSR    

MLTSPNSR   

Add S399-ff, Gen Bus L

Provides that persons who sell or rent video games shall display a warning sign
with respect to the relationship between playing video games and epileptic
seizures; establishes penalties for a violation of such provisions.

A04004 Actions:

BILL NO    A04004 

01/29/2009 referred to consumer affairs and protection
01/06/2010 referred to consumer affairs and protection

A04004 Votes:

A04004 Memo:

 BILL NUMBER:  A4004

 TITLE OF BILL :
An act to amend the general business law, in relation to requiring
epilepsy warnings on video games


 PURPOSE OR GENERAL IDEA OF THE BILL :
To require epilepsy warnings on video games

 SUMMARY OF PROVISIONS :
This bill (the "Bill") amends the General Business Law by adding a new
Section thereto to require the following epilepsy warning, or a
similar statement which adequately describes the potential risk of
suffering a seizure or experiencing seizure-like symptoms during or
after the playing or watching of a video game, be displayed in a
prominent or conspicuous location wherever such video games are sold
or rented

 EPILEPSY WARNING :
Real before using your video game system. Medical research indicates a
small percentage of the population may experience epileptic seizures
or seizure-like symptoms when exposed to certain stimuli, including,
with-out limitation, light patterns, flashing lights or certain
patterns of background on a television screen or video monitor.
Exposure to these stimuli while playing video games may induce an
epileptic seizure or seizure-like symptoms in these individuals.
Certain conditions may induce undetected epileptic symptoms even in
persons who have no prior history of seizures or epilepsy. If you
experience any of the following symptoms while playing a video game -
dizziness, altered vision, eye or muscle twitches, loss of awareness,
disorientation, and involuntary movement or convulsions - IMMEDIATELY
discontinue use and consult your physician before play.

The Bill defines the term "video game" as any video game system, video
game cartridge, video game compact disc, video game digital versatile
disc or digital video disc, video game component, video game accessory
or video game controller of any variety.

Under the Bill, any person who sells or rents a video game in
violation thereof shall be subject to a civil penalty of $50.00 for
each occurrence.

 JUSTIFICATION :
Epilepsy (sometimes called seizure disorder) is a chronic medical
condition produced by temporary changes in the electrical function of
the brain, causing seizures which affect awareness, movement or
sensation. Most seizures occur without warning.

There are various types of epilepsy, including Photosensitivity
Epilepsy. Photosensitivity Epilepsy is an uncommon condition in which
visual stimuli, such as flashing or flickering lights (usually of high
intensity and/or certain patterns, such as stripes) trigger epileptic
seizures.  Photosensitivity Epilepsy is one of a group of "reflex"
epilepsies, so called because of the seizure is a direct response to a
stimulus.

Around 1 in every 130 people is diagnosed as having epilepsy, whereas
only 1 in every 10,000 have Photosensitivity Epilepsy. Among people
with epilepsy, only an estimated 3-5% have seizures triggered by
lights or patterns. Photosensitivity Epilepsy most commonly affects
children.

This Bill would require that a warning be placed upon every video game
warning people of the dangers of Photosensitivity Epilepsy.

 LEGISLATIVE HISTORY :
2001-02 A10635A referred to consumer affairs and protection
2003-04 A4202A referred to consumer affairs and protection
2005-06 A3164 referred to consumer affairs and protection
2007-08 A6043 referred to consumer affairs and protection

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act shall take effect immediately.