Constitutional questions: Huntsman vetoes video-games bill
This is an archived article that was published on sltrib.com in 2009, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.

Gov. Jon Huntsman Jr. vetoed two bills Wednesday, including one aimed at cracking down on retailers who sell violent or sexually graphic video games to minors.

"While protecting children from inappropriate materials is a laudable goal, the language of this bill is so broad that it likely will be struck down by the courts as unconstitutional," Huntsman wrote to legislative leaders notifying them of his decision.

The governor also vetoed HB156, which would have allowed landowners in rural counties to allocate one parcel per hundred acres that could be turned into a subdivision without regard to local ordinances.

HB353, sponsored by Rep. Michael Morley, R-Spanish Fork, would have allowed civil penalties of up to $2,000 plus attorney fees against stores that sell inappropriate video games to children after advertising that they do not.

The measure contained protections for retailers who offer training to their employees and the retailers could not have been held accountable for their first two violations.

Still, Huntsman wrote that, rather than risk liability, the industries would most likely choose to no longer put age labels on their products.

"The unintended consequence of the bill would be that parents and children would have no labels to guide them in determining the age appropriateness of the goods or service," the governor wrote. That would increase the potential for exposure.

The bill passed the House and Senate with overwhelming support, leaving open the possibility that lawmakers could opt to override the governor's veto.

House Speaker Dave Clark, R-Santa Clara, said leaders would poll their members to determine if there is two-thirds support for taking on the veto.

"Both [of the bills] are kind of unusual, and both of these certainly wouldn't have been on my radar," he said. "At first blush, it just seems they are fairly broadly supported bills."

The Entertainment Software Rating Board, which categorizes and labels video games based on their age appropriateness, mounted a major campaign, lobbying Huntsman to veto HB353.

The National Coalition Against Censorship also opposed the bill, arguing the legislation would have unintended consequences.

Rural development proposal struck down, too.
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