Assembly Bill A8623

2009-2010 Legislative Session

Establishes a study commission to report on the effectiveness of regulation of the sale of tickets; repealer

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Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 12, 2010	committed to tourism, arts and sports development
Jan 06, 2010	ordered to third reading cal.613 returned to assembly died in senate
Jun 11, 2009	referred to rules
Jun 10, 2009	delivered to senate passed assembly ordered to third reading rules cal.177 rules report cal.177 reported
Jun 08, 2009	reported referred to rules
Jun 03, 2009	reported referred to codes
Jun 02, 2009	print number 8623a
Jun 02, 2009	amend (t) and recommit to tourism, arts and sports development
May 29, 2009	referred to tourism, arts and sports development

Bill Amendments

Original

A (Active)

2009-A8623 - Details

See Senate Version of this Bill:: S5715
Current Committee:: Assembly Tourism, Arts And Sports Development
Law Section:: Arts and Cultural Affairs Law
Laws Affected:: Rpld §§25.13 subs 2 & 3 & §3, Chap of 2009 (as proposed in S.3821-B/A.7950-D), add §25.37, amd §25.30, Arts & Cul L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A5479
2013-2014: A5810

2009-A8623 - Summary

Relates to the resale of tickets to places of entertainment; requires disclosure to purchaser if a ticket is for a seat with an obstructed view; requires consumer protection board to report on effectiveness of the regulation of the sale of tickets.

2009-A8623 - Sponsor Memo

                                BILL NUMBER:A8623

TITLE OF BILL:  An act to amend the arts and cultural affairs law, in
relation to the sale of tickets for seats with an obstructed view; to
amend a chapter of the laws of 2009, amending the arts and cultural
affairs law relating to prohibiting the agents of an operator from
reselling tickets to secondary ticket resellers, as proposed in
legislative bills numbers S.3821-B and A.7950-D, in relation to
establishing a study commission to review and report upon the
effectiveness of the regulation of the sale of tickets to places of
entertainment and providing for the repeal of certain provisions upon
the expiration thereof; and to repeal certain provisions of the arts
and cultural affairs law relating to the sale of tickets for seats
with an obstructed view

PURPOSE OR GENERAL IDEA OF THE BILL: The purpose of this bill is to
clarify language in a chapter of 2009 relating to obstruction of view
on tickets sold in New York as well as setting forth a commission to
issue the report called for in a chapter of 2009.

SUMMARY OF PROVISIONS: Section one of the bill amends subdivision 3 of
section 25.13 of the arts and cultural affairs relating to obstructed
view seat or seats.

Section 2 amends a chapter of 2009 in relation to creation of a study
commission comprised of 5 members,

Section 3 amends the effective dates of a certain chapter and sunsets
the study commission on March 1, 2010.

JUSTIFICATION: To clarify the term obstructed view from seat or seats
as set forth in a certain chapter of 2009, so that operators are not
held responsible for obstructions that are temporary in nature or
based on the actions a person or people that maybe occupying a seat or
seats or an aisle close to the ticket holder whose view is obstructed.
This bill also supplies diversity and expertise in creating a study
commission that will create the report required in a certain chapter
of 2009.

LEGISLATIVE HISTORY: New bill FISCAL IMPLICATIONS:  None.

EFFECTIVE DATE: This act shall take effect immediately, except that
sections one and two of this act shall take effect on the same date
and in the same manner as a chapter of the laws of 2009, amending the
arts and cultural affairs law relating to prohibiting the agents of an
operator from reselling tickets to secondary ticket resellers, as
proposed in legislative bills numbers S.3821-8 and A.7950-D, takes
effect; provided, however, 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.

2009-A8623 - Bill Text download pdf

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

                                  8623

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              May 29, 2009
                               ___________

Introduced  by  M.  of  A.  ENGLEBRIGHT -- read once and referred to the
  Committee on Tourism, Arts and Sports Development

AN ACT to amend the arts and cultural affairs law, in  relation  to  the
  sale  of tickets for seats with an obstructed view; to amend a chapter
  of the laws of 2009, amending the arts and cultural affairs law relat-
  ing to prohibiting the agents of an operator from reselling tickets to
  secondary ticket resellers, as proposed in legislative  bills  numbers
  S.3821-B  and A.7950-D, in relation to establishing a study commission
  to review and report upon the effectiveness of the regulation  of  the
  sale  of  tickets  to  places  of  entertainment and providing for the
  repeal of certain provisions  upon  the  expiration  thereof;  and  to
  repeal  certain provisions of the arts and cultural affairs law relat-
  ing to the sale of tickets for seats with an obstructed view

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

  Section  1.  Subdivision  3  of section 25.13 of the arts and cultural
affairs law, as added by a chapter of the laws  of  2009,  amending  the
arts  and  cultural affairs law relating to prohibiting the agents of an
operator from  reselling  tickets  to  secondary  ticket  resellers,  as
proposed in legislative bills numbers S.3821-B and A.7950-D, is REPEALED
and a new subdivision 3 is added to read as follows:
  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. IF THE OPERATOR OR PROMOTER DISCLOSES THAT A SEAT FOR
WHICH A TICKET IS FOR SALE HAS AN  OBSTRUCTED  VIEW,  IT  SHALL  BE  THE
RESPONSIBILITY  OF  THE  SECONDARY  TICKET  RESELLER  TO  DISCLOSE  SUCH
OBSTRUCTION UPON THE RESALE OF SUCH TICKET. SUCH OBSTRUCTION  SHALL  NOT
INCLUDE:  AN  OBSTRUCTION OF VIEW CAUSED BY A PERSON, OR PERSONS, SEATED
IN AN ADJACENT SEAT, OR SEATS, OR OCCUPYING AN AISLE; OR AN  OBSTRUCTION
OF  VIEW  CAUSED BY AN OBJECT OR OBJECTS PLACED UPON AN ADJACENT SEAT OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14149-01-9

A. 8623                             2

SEATS, OR IN AN AISLE; OR AN OBSTRUCTION OF VIEW THAT IS DE  MINIMUS  OR
TRANSITORY IN NATURE.
  S 2. Section 3 of a chapter of the laws of 2009, amending the arts and
cultural  affairs  law relating to prohibiting the agents of an operator
from reselling tickets to secondary ticket  resellers,  as  proposed  in
legislative  bills  numbers S.3821-B and A.7950-D, is amended to read as
follows:
  S 3. THERE IS HEREBY ESTABLISHED A STUDY COMMISSION TO BE COMPOSED  OF
5  MEMBERS AS FOLLOWS: THE CHAIR OF THE STATE CONSUMER PROTECTION BOARD,
THE SECRETARY OF STATE, AND 3 MEMBERS APPOINTED  BY  THE  GOVERNOR.  THE
CHAIR  OF THE STATE CONSUMER PROTECTION BOARD AND THE SECRETARY OF STATE
SHALL SERVE AS EX-OFFICIO MEMBERS AND CO-CHAIRS OF SUCH COMMISSION.  THE
CO-CHAIRS OF THE STUDY COMMISSION SHALL BE RESPONSIBLE FOR THE PROVISION
AND  PUBLICATION  OF  THE  REPORT REQUIRED BY THIS SECTION. On or before
February 1, 2010, the [secretary of state] STUDY COMMISSION 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 3. Section 4 of a chapter of the laws of 2009, amending the arts and
cultural  affairs  law relating to prohibiting the agents of an operator
from reselling tickets to secondary ticket  resellers,  as  proposed  in
legislative  bills  numbers S.3821-B and A.7950-D, is amended to read as
follows:
  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 SECTION THREE
OF THIS ACT SHALL EXPIRE AND BE  DEEMED  REPEALED  MARCH  1,  2010;  AND
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 4. This act shall take effect immediately, except that sections  one
and  two  of this act shall take effect on the same date and in the same

A. 8623                             3

manner as a chapter of the laws of 2009, amending the arts and  cultural
affairs  law  relating  to  prohibiting  the  agents of an operator from
reselling tickets to secondary ticket resellers, as proposed in legisla-
tive bills numbers S.3821-B and A.7950-D, takes effect; provided, howev-
er,  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.

2009-A8623A (ACTIVE) - Details

See Senate Version of this Bill:: S5715
Current Committee:: Assembly Tourism, Arts And Sports Development
Law Section:: Arts and Cultural Affairs Law
Laws Affected:: Rpld §§25.13 subs 2 & 3 & §3, Chap of 2009 (as proposed in S.3821-B/A.7950-D), add §25.37, amd §25.30, Arts & Cul L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A5479
2013-2014: A5810

2009-A8623A (ACTIVE) - Summary

2009-A8623A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A8623A

TITLE OF BILL:  An act to amend the arts and cultural affairs law, in
relation to the resale of tickets to places of entertainment; and to
repeal certain provisions of the arts and cultural affairs law and of a
chapter of the laws of 2009, amending the arts and cultural affairs law
relating to prohibiting the agents of an operator from reselling tickets
to secondary ticket resellers, as proposed in legislative bills numbers
S.3821-B and A.7950-D relating thereto

PURPOSE OR GENERAL IDEA OF THE BILL: The purpose of this bill is to
clarify language in a chapter of 2009 relating to obstruction of view on
tickets sold in New York as well as setting forth a report to be
completed by the consumer protection board.

SUMMARY OF PROVISIONS: Section one of the bill amends repeals the new
subdivisions established in 25.13 of the arts and cultural affairs law
as proposed in A.7950-D.

Section 2 creates a new subdivision 3 and 4 in section 25.30 of the arts
and cultural affairs law relating to the operator's agent and obstructed
view seat or seats.

Section 3 repeals section 3 of a chapter of 2009 as proposed in S.3821-8
and A.7950-D.

Section 4 adds a new section 25.37 to the arts and cultural affairs law
and sets forth a report to be completed by February 26, 2010 on the
effectiveness as well as other issues in the ticket selling industry.

JUSTIFICATION: To clarify the term obstructed view from seat or seats as
set forth in a certain chapter of 2009, so that operators are not held
responsible for obstructions that are temporary in nature or based on
the actions a person or people that maybe occupying a seat or seats or
an aisle close to the ticket holder whose view is obstructed. This bill
specifies cooperation of the department of state with the consumer
protection board as it studies and reports on a number of issues related
to the ticket selling industry that is required in a certain chapter of
2009.

LEGISLATIVE HISTORY: New bill

FISCAL IMPLICATIONS:  None.

EFFECTIVE DATE: This act shall take effect immediately, except that
sections one and three of this act shall take effect on the same date
and in the same manner as a chapter of the laws of 2009, amending the
arts and cultural affairs law relating to prohibiting the agents of an
operator from reselling tickets to secondary ticket resellers, as
proposed in legislative bills numbers S.3821-8 and A.7950-D, takes
effect; provided, however, 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.

2009-A8623A (ACTIVE) - Bill Text download pdf

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

                                 8623--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              May 29, 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 the
  resale of tickets to places of entertainment; and  to  repeal  certain
  provisions  of  the  arts and cultural affairs law and of a chapter of
  the laws of 2009, amending the arts and cultural affairs law  relating
  to  prohibiting  the  agents  of an operator from reselling tickets to
  secondary ticket resellers, as proposed in legislative  bills  numbers
  S.3821-B and A.7950-D relating thereto

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

  Section 1. Subdivisions 2 and 3 of  section  25.13  of  the  arts  and
cultural  affairs law, as added by a chapter of the laws of 2009, amend-
ing the arts and cultural affairs law relating to prohibiting the agents
of an operator from reselling tickets to secondary ticket resellers,  as
proposed  in  legislative  bills  numbers  S.3821-B  and  A.7950-D,  are
REPEALED.
  S 2. Section 25.30 of the arts and cultural affairs law is amended  by
adding two new subdivisions 3 and 4 to read as follows:
  3.  NO  OPERATOR'S AGENT SHALL SELL OR CONVEY TICKETS TO ANY SECONDARY
TICKET RESELLER OWNED OR CONTROLLED BY THE OPERATOR'S AGENT.
  4. 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. IF THE OPERATOR OR PROMOTER DISCLOSES THAT A SEAT  FOR
WHICH  A  TICKET  IS  FOR  SALE  HAS AN OBSTRUCTED VIEW, IT SHALL BE THE
RESPONSIBILITY  OF  THE  SECONDARY  TICKET  RESELLER  TO  DISCLOSE  SUCH
OBSTRUCTION  UPON  THE RESALE OF SUCH TICKET. SUCH OBSTRUCTION SHALL NOT
INCLUDE: AN OBSTRUCTION OF VIEW CAUSED BY A PERSON, OR  PERSONS,  SEATED
IN  AN ADJACENT SEAT, OR SEATS, OR OCCUPYING AN AISLE; OR AN OBSTRUCTION

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14149-06-9

A. 8623--A                          2

OF VIEW CAUSED BY AN OBJECT OR OBJECTS PLACED UPON AN ADJACENT  SEAT  OR
SEATS,  OR  IN AN AISLE; OR AN OBSTRUCTION OF VIEW THAT IS DE MINIMUS OR
TRANSITORY IN NATURE.
  S 3. Section 3 of a chapter of the laws of 2009, amending the arts and
cultural  affairs  law relating to prohibiting the agents of an operator
from reselling tickets to secondary ticket  resellers,  as  proposed  in
legislative bills numbers S.3821-B and A.7950-D, is REPEALED.
  S  4.  The  arts  and  cultural affairs law is amended by adding a new
section 25.37 to read as follows:
  S 25.37. REPORT OF THE CONSUMER  PROTECTION  BOARD.  1.  THE  CONSUMER
PROTECTION  BOARD  SHALL REVIEW THE EFFECTIVENESS AND CONSUMER IMPACT OF
THE PROVISIONS OF THIS ARTICLE. THE FINDINGS  AND  CONCLUSIONS  OF  SUCH
REVIEW  SHALL  BE PRESENTED IN THE FORM OF A WRITTEN REPORT ON OR BEFORE
FEBRUARY TWENTY-SIXTH, TWO THOUSAND TEN. 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 WRITTEN REPORT SHALL ADDRESS AT
MINIMUM, THE FOLLOWING: AN OVERVIEW OF THE TICKET-SELLING INDUSTRY;  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 SALE TO THE GENERAL PUBLIC; THE EFFECT OF THE  REMOVAL
OF  THE  PRICE CAP ON TICKET SALES IN NEW YORK STATE; AN ANALYSIS OF THE
EFFECT OF ADMINISTRATIVE AND CRIMINAL LAW ENFORCEMENT OF  THIS  ARTICLE;
THE  IMPACT  OF  THE  USE  OF  COMPUTER  PROGRAMS AND AUTO-DIALING PHONE
SYSTEMS ON THE GENERAL AVAILABILITY OF TICKETS AND THE IMPACT  OF  TECH-
NOLOGY ON THE ABILITY TO PURCHASE BLOCKS OF TICKETS; THE ECONOMIC IMPACT
OF THE CURRENT LAW ON THE STATE; AND, LEGISLATIVE RECOMMENDATIONS.
  2. IN ORDER TO EFFECTUATE SUCH A REPORT, THE SECRETARY OF STATE, ON OR
BEFORE  SEPTEMBER  FIFTEENTH,  TWO  THOUSAND  NINE, SHALL DELIVER TO THE
CONSUMER PROTECTION BOARD A REPORT OF THE  FOLLOWING:    THE  NUMBER  OF
INITIAL  OR  RENEWAL  TICKET  RESELLER  APPLICATIONS RECEIVED DURING THE
PERIOD OF JUNE FIRST, TWO THOUSAND SEVEN TO SEPTEMBER FIRST,  TWO  THOU-
SAND  NINE; THE NUMBER OF LICENSED TICKET RESELLERS IN NEW YORK STATE AS
OF SEPTEMBER FIRST, TWO THOUSAND NINE; AN ANALYSIS OF THE  EFFECTIVENESS
OF LICENSING AND BONDING TICKET RESELLERS; THE NUMBER OF TICKET SCALPING
COMPLAINTS  RECEIVED BY THE SECRETARY OF STATE, INCLUDING THE DATES EACH
WAS RECEIVED SINCE JUNE FIRST, TWO THOUSAND SEVEN; AND, AN  ANALYSIS  OF
THE  EFFECTIVENESS  OF  THE ADMINISTRATIVE ENFORCEMENT PROCESS NECESSARY
FOR THE ENFORCEMENT OF THIS ARTICLE.
  S 5. This act shall take effect immediately, except that sections  one
and three of this act shall take effect on the same date and in the same
manner  as a chapter of the laws of 2009, amending the arts and cultural
affairs law relating to prohibiting  the  agents  of  an  operator  from
reselling tickets to secondary ticket resellers, as proposed in legisla-
tive bills numbers S.3821-B and A.7950-D, takes effect; provided, howev-
er,  that  the amendments to article 25 of the arts and cultural affairs
law, made by sections two and four of this act,  shall  not  affect  the
expiration  and  repeal  of such article, and shall expire and be deemed
repealed therewith.

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Assembly Bill A8623

Sponsored By

Archive: Last Bill Status - In Assembly Committee

Actions

Bill Amendments

2009-A8623 - Details

2009-A8623 - Summary

2009-A8623 - Sponsor Memo

2009-A8623 - Bill Text download pdf

2009-A8623A (ACTIVE) - Details

2009-A8623A (ACTIVE) - Summary

2009-A8623A (ACTIVE) - Sponsor Memo

2009-A8623A (ACTIVE) - Bill Text download pdf

Comments

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Assembly Bill A8623

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Sponsored By

ENGLEBRIGHT

Archive: Last Bill Status - In Assembly Committee

Actions

Bill Amendments

2009-A8623 - Details

2009-A8623 - Summary

2009-A8623 - Sponsor Memo

2009-A8623 - Bill Text download pdf

2009-A8623A (ACTIVE) - Details

2009-A8623A (ACTIVE) - Summary

2009-A8623A (ACTIVE) - Sponsor Memo

2009-A8623A (ACTIVE) - Bill Text download pdf

Comments