HF 4460

as introduced - 90th Legislature (2017 - 2018) Posted on 05/21/2018 01:51am

A bill for an act
relating to consumer protection; video games; prohibiting certain sales; proposing
coding for new law in Minnesota Statutes, chapter 325I.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

[325I.07] VIDEO GAMES; PROHIBITIONS.

Subdivision 1.

Definitions.

(a) For purposes of this section, the terms in paragraphs (b)
and (c) have the meanings given.

(b) "Retailer" means a person who offers video games for sale, including resale by the
purchaser, through any means including but not limited to sales outlets, catalogs, or by
electronic means.

(c) "Video game" means an object or device that stores recorded data or instructions,
receives data or instructions generated by a person who uses it, and, by processing the data
or instructions, creates an interactive game capable of being played, viewed, or experienced
on or through a computer, gaming system, console, or other technology.

Subd. 2.

Loot boxes; prohibition; warning required.

(a) No retailer may sell to a
person under 18 years of age a video game containing a system that permits the in-game
purchase of (1) a randomized reward or rewards, or (2) a virtual item that can be redeemed
to directly or indirectly receive a randomized reward or rewards.

(b) No video game may be updated to include a system described in paragraph (a) unless
the provider of the update verifies, using commercially reasonable technology, that the
recipient of the update is not under 18 years of age.

(c) No video game or update subject to the age restriction in paragraph (a) or (b) may
be sold or provided unless accompanied by the warning described in this paragraph. The
word "warning" must be stated clearly in uppercase letters that measure at least one-half
inch in size, or, in the case of a warning for an electronic purchase, in a 16-point font,
centered over the body copy of the actual warning. The warning copy must be presented in
letters that measure at least 3/32 of an inch in size, or, in the case of a warning for an
electronic purchase, in a 12-point font. The text of the warning must have a color that
strongly contrasts with the background. The warning must state the following: "Warning:
This game contains a gambling-like mechanism that may promote the development of a
gaming disorder that increases the risk of harmful mental or physical health effects, and
may expose the user to significant financial risk." For games sold through electronic means,
the warning must be acknowledged by the purchaser.