Assembly Bill A7950

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7950--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             April 28, 2009
                               ___________

Introduced  by  M.  of  A.  ENGLEBRIGHT -- read once and referred to the
  Committee  on  Tourism,  Arts  and  Sports  Development  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to  amend  the  arts  and  cultural affairs law, in relation to
  prohibiting the agents  of  an  operator  from  reselling  tickets  to
  secondary  ticket resellers; to amend chapter 704 of the laws of 1991,
  amending the arts and cultural affairs law and chapter 912 of the laws
  of 1920 relating to the regulation of boxing and wrestling relating to
  tickets to places of entertainment, in relation to extending the expi-
  ration of the provisions thereof; directing the  attorney  general  to
  review and report upon the effectiveness of the regulation of the sale
  of  tickets  to places of entertainment; and to direct original ticket
  sellers to maintain and make available to the public certain records

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.    Subdivision 2 of section 25.13 of the arts and cultural
affairs law is renumbered subdivision 3 and a new subdivision 2 is added
to read as follows:
  2. NO OPERATOR'S AGENT SHALL SELL OR CONVEY TICKETS TO  ANY  SECONDARY
TICKET RESELLER OWNED OR CONTROLLED BY THE OPERATOR'S AGENT.
  S  2.  Section 4 of chapter 704 of the laws of 1991, amending the arts
and cultural affairs law and chapter 912 of the laws of 1920 relating to
the regulation of boxing and wrestling relating to tickets to places  of
entertainment, as amended by chapter 374 of the laws of 2007, is amended
to read as follows:
  S  4.  This  act  shall take effect on the sixtieth day after it shall
have become a law, provided, chapter 61 of the laws of  2007  shall  not
take  effect  with  respect  to the issuance of licenses or certificates
under this article by the secretary of  state  or  department  of  state
until  January  1, 2008 and regulation under this article by the commis-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11300-05-9
              

A. 7950--A                          2

sioners of licenses of the political subdivisions  of  the  state  shall
continue  through  December 31, 2007, and shall remain in full force and
effect only until and including [June 1, 2009] MAY 15,  2010  when  such
act  shall  be repealed and when, notwithstanding any other provision of
law, the provisions of article 25 of title G of the  arts  and  cultural
affairs  law,  repealed  by  such  act, shall be reinstituted. Provided,
however, the printing on tickets required pursuant to sections 25.07 and
25.08 of article 25 of the arts and cultural affairs law,  as  added  by
this  act, shall not apply to tickets printed prior to enactment of such
article so long as notice of the higher maximum premium price and prohi-
bition of sales within one thousand five hundred feet from the  physical
structure of the place of entertainment, where applicable, is prominent-
ly displayed at the point of sale and at such place of entertainment.
  S 3. On or before February 1, 2010, the attorney general shall cause a
review  of the effectiveness of the provisions of article 25 of the arts
and cultural affairs law to be performed. The review shall be  presented
in  the form of a report. A copy of the report shall be delivered to the
governor, the temporary president of the  senate,  the  speaker  of  the
assembly,  the  minority leader of the senate and the minority leader of
the assembly. Such report shall contain, at a minimum,  any  legislative
recommendations  to  improve the effectiveness of the provisions of such
article.
  S 4. All original ticket sellers, including operators  and  operator's
agents,  shall  keep  or  cause  to be kept books, records, memoranda or
correspondence containing the following information in  connection  with
the sale, allocation or distribution of tickets:
  (a)  the  number  of tickets offered for sale to the general public at
each price level; and
  (b) the number of tickets allocated or distributed to the operator  or
its agents at each price level.
  All records required to be kept pursuant to this section shall be made
available to the public by posting the information at the location where
the  event  will  be  held,  in  an unobstructed public place, available
during normal business hours, in a font of not less than 12  point,  and
shall  be published on the operator and operator agent's websites at the
time of initial sale. The records shall be preserved for a period of not
less than two years subsequent to the date of the event  to  which  such
records relate. This section shall not apply to any performance regular-
ly  scheduled  to take place on a daily basis at the same venue over the
course of one or more weeks.
  S 5. This act shall take effect immediately; provided,  however,  that
if  this  act  shall  not  have  become  a law on or before June 1, 2009
section two of this act shall be deemed to have been in full  force  and
effect on and after June 1, 2009; provided, further, that the amendments
to  article 25 of the arts and cultural affairs law, made by section one
of this act, shall not affect the expiration and repeal of such article,
and shall expire and be deemed repealed therewith.

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7950--B

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             April 28, 2009
                               ___________

Introduced  by  M.  of  A.  ENGLEBRIGHT -- read once and referred to the
  Committee  on  Tourism,  Arts  and  Sports  Development  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  -- again reported from said committee with amend-
  ments, ordered reprinted as amended and recommitted to said committee

AN ACT to amend the arts  and  cultural  affairs  law,  in  relation  to
  prohibiting  the  agents  of  an  operator  from  reselling tickets to
  secondary ticket resellers; to amend chapter 704 of the laws of  1991,
  amending the arts and cultural affairs law and chapter 912 of the laws
  of 1920 relating to the regulation of boxing and wrestling relating to
  tickets to places of entertainment, in relation to extending the expi-
  ration  of  the provisions thereof; and directing the attorney general
  to review and report upon the effectiveness of the regulation  of  the
  sale of tickets to places of entertainment

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  Subdivision 2 of section 25.13 of the  arts  and  cultural
affairs law is renumbered subdivision 3 and a new subdivision 2 is added
to read as follows:
  2.  NO  OPERATOR'S AGENT SHALL SELL OR CONVEY TICKETS TO ANY SECONDARY
TICKET RESELLER OWNED OR CONTROLLED BY THE OPERATOR'S AGENT.
  S 2. Section 4 of chapter 704 of the laws of 1991, amending  the  arts
and cultural affairs law and chapter 912 of the laws of 1920 relating to
the  regulation of boxing and wrestling relating to tickets to places of
entertainment, as amended by chapter 374 of the laws of 2007, is amended
to read as follows:
  S 4. This act shall take effect on the sixtieth  day  after  it  shall
have  become  a  law, provided, chapter 61 of the laws of 2007 shall not
take effect with respect to the issuance  of  licenses  or  certificates
under  this  article  by  the  secretary of state or department of state
until January 1, 2008 and regulation under this article by  the  commis-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11300-08-9
              

A. 7950--B                          2

sioners  of  licenses  of  the political subdivisions of the state shall
continue through December 31, 2007, and shall remain in full  force  and
effect  only  until  and including [June 1, 2009] MAY 15, 2010 when such
act  shall  be repealed and when, notwithstanding any other provision of
law, the provisions of article 25 of title G of the  arts  and  cultural
affairs  law,  repealed  by  such  act, shall be reinstituted. Provided,
however, the printing on tickets required pursuant to sections 25.07 and
25.08 of article 25 of the arts and cultural affairs law,  as  added  by
this  act, shall not apply to tickets printed prior to enactment of such
article so long as notice of the higher maximum premium price and prohi-
bition of sales within one thousand five hundred feet from the  physical
structure of the place of entertainment, where applicable, is prominent-
ly displayed at the point of sale and at such place of entertainment.
  S 3. On or before February 1, 2010, the attorney general shall cause a
review  of the effectiveness of the provisions of article 25 of the arts
and cultural affairs law to be performed. The review shall be  presented
in  the form of a report. A copy of the report shall be delivered to the
governor, the temporary president of the  senate,  the  speaker  of  the
assembly,  the  minority leader of the senate and the minority leader of
the assembly. Such report shall contain, at a minimum,  any  legislative
recommendations  to  improve the effectiveness of the provisions of such
article.
  S 4. This act shall take effect immediately; provided,  however,  that
if  this  act  shall  not  have  become  a law on or before June 1, 2009
section two of this act shall be deemed to have been in full  force  and
effect on and after June 1, 2009; provided, further, that the amendments
to  article 25 of the arts and cultural affairs law, made by section one
of this act, shall not affect the expiration and repeal of such article,
and shall expire and be deemed repealed therewith.

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7950--C

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             April 28, 2009
                               ___________

Introduced  by  M.  of  A.  ENGLEBRIGHT -- read once and referred to the
  Committee  on  Tourism,  Arts  and  Sports  Development  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  -- again reported from said committee with amend-
  ments, ordered reprinted as amended and recommitted to said  committee
  --  reported  and  referred  to  the  Committee  on Codes -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the arts  and  cultural  affairs  law,  in  relation  to
  prohibiting  the  agents  of  an  operator  from  reselling tickets to
  secondary ticket resellers; to amend chapter 704 of the laws of  1991,
  amending the arts and cultural affairs law and chapter 912 of the laws
  of 1920 relating to the regulation of boxing and wrestling relating to
  tickets to places of entertainment, in relation to extending the expi-
  ration  of  the provisions thereof; and directing the attorney general
  to review and report upon the effectiveness of the regulation  of  the
  sale of tickets to places of entertainment

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  Subdivision 2 of section 25.13 of the  arts  and  cultural
affairs law is renumbered subdivision 4 and two new subdivisions 2 and 3
are added to read as follows:
  2.  NO  OPERATOR'S AGENT SHALL SELL OR CONVEY TICKETS TO ANY SECONDARY
TICKET RESELLER OWNED OR CONTROLLED BY THE OPERATOR'S AGENT.
  3. THE OPERATOR OR THE PROMOTER SHALL DETERMINE  WHETHER  A  SEAT  FOR
WHICH  A  TICKET  IS FOR SALE HAS AN OBSTRUCTED VIEW, AND SHALL DISCLOSE
SUCH OBSTRUCTION. EVERY SALE OR RESALE OF SUCH TICKET  SHALL  INCLUDE  A
DISCLOSURE OF SUCH OBSTRUCTED VIEW.
  S  2.  Section 4 of chapter 704 of the laws of 1991, amending the arts
and cultural affairs law and chapter 912 of the laws of 1920 relating to
the regulation of boxing and wrestling relating to tickets to places  of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11300-10-9
              

A. 7950--C                          2

entertainment, as amended by chapter 374 of the laws of 2007, is amended
to read as follows:
  S  4.  This  act  shall take effect on the sixtieth day after it shall
have become a law, provided, chapter 61 of the laws of  2007  shall  not
take  effect  with  respect  to the issuance of licenses or certificates
under this article by the secretary of  state  or  department  of  state
until  January  1, 2008 and regulation under this article by the commis-
sioners of licenses of the political subdivisions  of  the  state  shall
continue  through  December 31, 2007, and shall remain in full force and
effect only until and including [June 1, 2009] MAY 15,  2010  when  such
act  shall  be repealed and when, notwithstanding any other provision of
law, the provisions of article 25 of title G of the  arts  and  cultural
affairs  law,  repealed  by  such  act, shall be reinstituted. Provided,
however, the printing on tickets required pursuant to sections 25.07 and
25.08 of article 25 of the arts and cultural affairs law,  as  added  by
this  act, shall not apply to tickets printed prior to enactment of such
article so long as notice of the higher maximum premium price and prohi-
bition of sales within one thousand five hundred feet from the  physical
structure of the place of entertainment, where applicable, is prominent-
ly displayed at the point of sale and at such place of entertainment.
  S 3. On or before February 1, 2010, the attorney general shall cause a
review  of the effectiveness of the provisions of article 25 of the arts
and cultural affairs law to be performed. The review shall be  presented
in  the form of a report. A copy of the report shall be delivered to the
governor, the temporary president of the  senate,  the  speaker  of  the
assembly,  the  minority leader of the senate and the minority leader of
the assembly. Such report shall address, at a  minimum,  the  following:
the  public policy benefit that is furthered by disclosing the number of
tickets available for sale to the general public and the number of tick-
ets withheld from the general public for a particular event; the harm to
the public that results from the practice of ticket speculation, if any,
by persons that have access to tickets before the time of  initial  sale
to  the  general public or at any other time; a comparison of the avail-
ability and cost of tickets in the state with that of other states where
price caps in the secondary market are in effect; the  need  for  better
enforcement  of existing penalties or the need for greater penalties for
violations of this section; the impact of the use of  computer  programs
and  auto-dialing  phone  systems on the general availability of tickets
and the impact of such programs and systems on the ability  to  purchase
blocks  of  tickets;  the feasibility of effective enforcement of ticket
selling and re-selling by in-state and out-of-state ticket  sellers  and
re-sellers;  the  public  benefit  and the public cost of an unregulated
secondary market; the public benefit and usefulness  of  publishing  the
average  price  of tickets for an event after the event takes place; and
the economic impact of the current law on the state.
  S 4. This act shall take effect immediately; provided,  however,  that
if  this  act  shall  not  have  become  a law on or before June 1, 2009
section two of this act shall be deemed to have been in full  force  and
effect on and after June 1, 2009; provided, further, that the amendments
to  article 25 of the arts and cultural affairs law, made by section one
of this act, shall not affect the expiration and repeal of such article,
and shall expire and be deemed repealed therewith.

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7950--D

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             April 28, 2009
                               ___________

Introduced by M. of A. ENGLEBRIGHT, BRODSKY -- read once and referred to
  the  Committee  on  Tourism,  Arts and Sports Development -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee -- again reported from said  committee  with  amend-
  ments,  ordered reprinted as amended and recommitted to said committee
  -- reported and referred  to  the  Committee  on  Codes  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  -- again reported from said committee with amend-
  ments, ordered reprinted as amended and recommitted to said committee

AN ACT to amend the arts  and  cultural  affairs  law,  in  relation  to
  prohibiting  the  agents  of  an  operator  from  reselling tickets to
  secondary ticket resellers; to amend chapter 704 of the laws of  1991,
  amending the arts and cultural affairs law and chapter 912 of the laws
  of 1920 relating to the regulation of boxing and wrestling relating to
  tickets to places of entertainment, in relation to extending the expi-
  ration of the provisions thereof; and directing the secretary of state
  to  review  and report upon the effectiveness of the regulation of the
  sale of tickets to places of entertainment

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.    Subdivision 2 of section 25.13 of the arts and cultural
affairs law is renumbered subdivision 4 and two new subdivisions 2 and 3
are added to read as follows:
  2. NO OPERATOR'S AGENT SHALL SELL OR CONVEY TICKETS TO  ANY  SECONDARY
TICKET RESELLER OWNED OR CONTROLLED BY THE OPERATOR'S AGENT.
  3.  THE  OPERATOR  OR  THE PROMOTER SHALL DETERMINE WHETHER A SEAT FOR
WHICH A TICKET IS FOR SALE HAS AN OBSTRUCTED VIEW,  AND  SHALL  DISCLOSE
SUCH  OBSTRUCTION.  EVERY  SALE OR RESALE OF SUCH TICKET SHALL INCLUDE A
DISCLOSURE OF SUCH OBSTRUCTED VIEW.
  S 2. Section 4 of chapter 704 of the laws of 1991, amending  the  arts
and cultural affairs law and chapter 912 of the laws of 1920 relating to

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11300-11-9
              

A. 7950--D                          2

the  regulation of boxing and wrestling relating to tickets to places of
entertainment, as amended by chapter 374 of the laws of 2007, is amended
to read as follows:
  S  4.  This  act  shall take effect on the sixtieth day after it shall
have become a law, provided, chapter 61 of the laws of  2007  shall  not
take  effect  with  respect  to the issuance of licenses or certificates
under this article by the secretary of  state  or  department  of  state
until  January  1, 2008 and regulation under this article by the commis-
sioners of licenses of the political subdivisions  of  the  state  shall
continue  through  December 31, 2007, and shall remain in full force and
effect only until and including [June 1, 2009] MAY 15,  2010  when  such
act  shall  be repealed and when, notwithstanding any other provision of
law, the provisions of article 25 of title G of the  arts  and  cultural
affairs  law,  repealed  by  such  act, shall be reinstituted. Provided,
however, the printing on tickets required pursuant to sections 25.07 and
25.08 of article 25 of the arts and cultural affairs law,  as  added  by
this  act, shall not apply to tickets printed prior to enactment of such
article so long as notice of the higher maximum premium price and prohi-
bition of sales within one thousand five hundred feet from the  physical
structure of the place of entertainment, where applicable, is prominent-
ly displayed at the point of sale and at such place of entertainment.
  S 3. On or before February 1, 2010, the secretary of state shall cause
a  review  of  the  effectiveness of the provisions of article 25 of the
arts and cultural affairs law to  be  performed.  The  review  shall  be
presented  in the form of a report. A copy of the report shall be deliv-
ered to the governor, the temporary president of the senate, the speaker
of the assembly, the minority leader of  the  senate  and  the  minority
leader  of  the  assembly.  Such report shall address, at a minimum, the
following: the public policy benefit that is furthered by disclosing the
number of tickets available for sale  to  the  general  public  and  the
number  of  tickets  withheld  from  the general public for a particular
event; the harm to the public that results from the practice  of  ticket
speculation,  if  any, by persons that have access to tickets before the
time of initial sale to the general public  or  at  any  other  time;  a
comparison  of  the  availability  and cost of tickets in the state with
that of other states where price caps in the  secondary  market  are  in
effect;  the  need  for  better enforcement of existing penalties or the
need for greater penalties for violations of this section; the impact of
the use of computer programs  and  auto-dialing  phone  systems  on  the
general  availability  of  tickets  and  the impact of such programs and
systems on the ability to purchase blocks of tickets; the feasibility of
effective enforcement of ticket selling and re-selling by  in-state  and
out-of-state  ticket  sellers and re-sellers; the public benefit and the
public cost of an unregulated secondary market; the public  benefit  and
usefulness of publishing the average price of tickets for an event after
the event takes place; and the economic impact of the current law on the
state.
  S  4.  This act shall take effect immediately; provided, however, that
if this act shall not have become a  law  on  or  before  June  1,  2009
section  two  of this act shall be deemed to have been in full force and
effect on and after June 1, 2009; provided, further, that the amendments
to article 25 of the arts and cultural affairs law, made by section  one
of this act, shall not affect the expiration and repeal of such article,
and shall expire and be deemed repealed therewith.