100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB2459
 
Introduced , by Rep. Kelly M. Cassidy
 
SYNOPSIS AS INTRODUCED:
 

 


  


 
New Act

     Creates the Location-based Video  Game Protection  Act. Provides that within 4 business days of receiving a request from the real property owner, manager, or custodian, the  developer of a location-based video game shall remove from its location-based video game an ecologically sensitive site or location, historically significant site or location, site or location on private property, or site or location otherwise deemed as dangerous by the real property owner, manager, or custodian. Requires the developer of a location-based video game to provide an easily accessible procedure for removal of ecologically sensitive sites or locations, historically significant sites or locations, sites or locations on private property, or sites or locations otherwise deemed as dangerous by the real property owner, manager, or custodian from its location-based video game. Allows for civil enforcement of the Act by a real property owner, manager, or custodian, and a civil fine of up to $100 for each day a developer of a location-based video game is in violation of the Act. Defines terms. Effective immediately.
  


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A BILL FOR
 

  
HB2459LRB100 08277 MRW 18379 b


  
1    AN ACT concerning business.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 1. This Act may be referred to as the 
5Location-based Video Game Protection  Act.
 
6    Section 5. Definitions. For the purposes of this Act:
7    "Developer of a location-based video game" means any person 
8or business entity which has made or developed and owns the 
9rights to a location-based video game, including any person or 
10business entity which acquires the controlling intellectual 
11property rights to the location-based video game from another 
12person or business entity.
13    "Ecologically sensitive site or location" means any area 
14designated by federal, State, or unit of local government for 
15protection from development or damage due to the presence of 
16endangered species or threatened species as defined in Section 
172 of the Illinois Endangered Species Protection Act.
18    "Historically significant site or location" means any site 
19or location that has been designated by federal, State, or unit 
20of local government for preservation as a landmark, or any 
21other site or location that the federal, State, or unit of 
22local government may designate as historically significant.
23    "Location-based video game" means a game primarily played 
 
 
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1on a mobile device, including, but not limited to, smartphones 
2and tablets, that encourages users to travel to specific real 
3property sites, locations, or coordinates for the purpose of 
4achieving specific goals within the game.
 
5    Section 10. Site or location removal. 
6    (a) Within 4 business days of receiving a request from the 
7real property owner, manager, or custodian, the  developer of a 
8location-based video game shall remove from its location-based 
9video game an ecologically sensitive site or location, 
10historically significant site or location, site or location on 
11private property, or site or location otherwise deemed as 
12dangerous by the real property owner, manager, or custodian.
13    (b) In requesting that a site or location be removed from 
14the location-based video game, the requesting property owner, 
15manager, or custodian shall submit a request to the developer 
16of a location-based video game that specifies in sufficient 
17detail the site or location to be removed from the game, and 
18reason for the requested removal.
 
19    Section 15. Removal procedure. The developer of a 
20location-based video game shall provide an easily accessible 
21procedure for removal of ecologically sensitive sites or 
22locations, historically significant sites or locations, sites 
23or locations on private property, or sites or locations 
24otherwise deemed as dangerous by the real property owner, 
 
 
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1manager, or custodian from its location-based video game.
 
2    Section 20. Enforcement. 
3    (a) A real property owner, manager, or custodian may bring 
4a civil action to enforce the provisions of this Act.
5    (b) A developer of a location-based video game who 
6knowingly violates this Act is subject to a civil fine of up to 
7$100 for each day of violation.
 
 
8    Section 99. Effective date. This Act takes effect upon 
9becoming law.