Senate Bill S3821

Signed By Governor

2009-2010 Legislative Session

Prohibits agents of operator from selling tickets to secondary ticket resellers; extends expiration of ticket scalping provisions

download bill text pdf

Archive: Last Bill Status - Signed by Governor

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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 09, 2009	signed chap.68
Jun 04, 2009	delivered to governor
Jun 01, 2009	returned to senate passed assembly ordered to third reading rules cal.34 substituted for a7950d referred to ways and means returned to assembly repassed senate
May 26, 2009	amended on third reading (t) 3821b
May 19, 2009	amended on third reading (t) 3821a
May 19, 2009	vote reconsidered - restored to third reading returned to senate recalled from assembly
May 18, 2009	referred to tourism, arts and sports development delivered to assembly passed senate
May 11, 2009	advanced to third reading
May 06, 2009	2nd report cal.
May 05, 2009	1st report cal.265
Apr 02, 2009	referred to investigations and government operations

Votes

- Jun 1, 2009 - Floor Vote
  S3821
  
  Aye
  
  52
  
  Nay
  
  7
  
  Absent
  
  0
  
  Excused
  
  3
  
  Abstained
  
  0
  - - Floor Vote: Jun 1, 2009
      
      aye (52)
      
      Adams
      
      Addabbo Jr.
      
      Aubertine
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Duane
      
      Espada
      
      Farley
      
      Foley
      
      Fuschillo
      
      Golden
      
      Griffo
      
      Hannon
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Johnson
      
      Klein
      
      Krueger
      
      Kruger
      
      Lanza
      
      Leibell
      
      Libous
      
      Little
      
      McDonald
      
      Monserrate
      
      Montgomery
      
      Morahan
      
      Nozzolio
      
      Onorato
      
      Oppenheimer
      
      Parker
      
      Perkins
      
      Ranzenhofer
      
      Sampson
      
      Savino
      
      Schneiderman
      
      Serrano
      
      Skelos
      
      Smith
      
      Squadron
      
      Stachowski
      
      Stavisky
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      Volker
      
      Winner
      
      Young
      
      nay (7)
      
      Flanagan
      
      LaValle
      
      Marcellino
      
      Maziarz
      
      Padavan
      
      Robach
      
      Saland
      
      excused (3)
      
      Alesi
      
      Larkin
      
      Seward
  May 18, 2009 - Floor Vote
  S3821
  
  Aye
  
  59
  
  Nay
  
  3
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Floor Vote: May 18, 2009
      
      aye (59)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Aubertine
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Duane
      
      Espada
      
      Farley
      
      Flanagan
      
      Foley
      
      Fuschillo
      
      Golden
      
      Griffo
      
      Hannon
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Johnson
      
      Klein
      
      Kruger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Leibell
      
      Libous
      
      Little
      
      Marcellino
      
      Maziarz
      
      McDonald
      
      Monserrate
      
      Montgomery
      
      Morahan
      
      Nozzolio
      
      Onorato
      
      Oppenheimer
      
      Parker
      
      Perkins
      
      Ranzenhofer
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Schneiderman
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Stachowski
      
      Stavisky
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      Volker
      
      Winner
      
      Young
      
      nay (3)
      
      Krueger
      
      Padavan
      
      Squadron

Bill Amendments

Original

B (Active)

2009-S3821 - Details

2009-S3821 - Summary

Prohibits the agents of an operator from selling tickets to secondary ticket resellers; extends from June 1, 2009 until May 15, 2010, the expiration of article 25 of the arts and cultural affairs law relating to the regulation of the sales of tickets to places of entertainment; directs the attorney general to review and report upon the effectiveness of such article on or before February 1, 2010.

2009-S3821 - Sponsor Memo

2009-S3821 - Bill Text download pdf

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

                                  3821

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              April 2, 2009
                               ___________

Introduced  by  Sen.  C. JOHNSON  -- read twice and ordered printed, and
  when printed to be committed to the Committee  on  Investigations  and
  Government Operations

AN  ACT  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 provisions thereof

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

  Section  1. 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 relat-
ing 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-
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] 2011 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  prohibition  of
sales  within one thousand five hundred feet from the physical structure
of  the  place  of  entertainment,  where  applicable,  is   prominently
displayed at the point of sale and at such place of entertainment.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD10863-01-9

2009-S3821A - Details

2009-S3821A - Summary

2009-S3821A - Sponsor Memo

                                 BILL NUMBER:  S3821A

 TITLE OF BILL :
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
expiration 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


 PURPOSE OR GENERAL IDEA OF THE BILL :
The purpose of this bill is to extend the ticket resale law changes
first enacted in 2007 fifty weeks until May 15, 2010, to have a report
generated in regards to article 25 of the arts and culture law, and to
prohibit operator's agents from selling or conveying tickets to a
secondary reseller that they own or control.

 SUMMARY OF PROVISIONS :
Section one of the bill amends and renumbers subdivision 2 of section
25.13 of the arts and cultural affairs law to section 3 and creates a
new section 2 that would prohibit any operator's agent from selling or
conveying and tickets to any secondary ticket resellers.

Section 2 amends chapter 704 of the laws of 1991, amends the arts and
cultural affairs law and chapter 912 of the laws of 1920, as amended
by chapter 374 of the laws of2007 to extend the current law from being
repealed on June 1,2009 and setting a repeal date of May 15, 2010.

Section 3 directs the attorney general to generate a report on the
effectiveness of article 25 of the arts and cultural affairs law by
February 1, 2010.

 JUSTIFICATION :
Chapter 61 of the laws of 2007 created a shift in the way that
operators, venues, ticket brokers, and the general public could access
tickets after the primary sale. Gone were the caps imposed on what
could be charged for a ticket on the secondary market in favor of a
free market approach. During the two years of free market secondary
ticket sales, few if any complaints have surfaced on the conduct of
the secondary market. What has transpired is wholesale off-loading of
tickets by a primary seller to a secondary seller without any chance
for the public to purchase tickets at first sale and the consumer
being re-directed to secondary ticket resale where both the primary
and secondary market are controlled by the same entity. This bill is
aimed at stopping that practice by prohibiting primary ticket agents
from either selling or conveying tickets to a secondary ticket seller.

 LEGISLATIVE HISTORY :
New bill.

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
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.

2009-S3821A - Bill Text download pdf

2009-S3821B (ACTIVE) - Details

2009-S3821B (ACTIVE) - Summary

2009-S3821B (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3821B

 TITLE OF BILL :
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
expiration 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


 PURPOSE OR GENERAL IDEA OF THE BILL :
The purpose of this bill is to extend the ticket resale law changes
first enacted in 2007 fifty weeks until May 15, 2010, to have a report
generated in regards to article 25 of the arts and cultural affairs
law, and to prohibit operator's agents from selling or conveying
tickets to a secondary reseller that they own or control.

 SUMMARY OF PROVISIONS :
Section one of the bill amends and renumbers subdivision 2 of section
25.13 of the arts and cultural affairs law to section 3 and creates a
new section 2 that would prohibit any operator's agent from selling or
conveying any tickets to any secondary ticket resellers. Section 3

mandates the operator or promoter to disclose whether a ticket has an
obstructed view.  Every sale or resale of such ticket shall include a
disclosure of such obstructed view.

Section 2 amends chapter 704 of the laws of 1991, amends the arts and
cultural affairs law and chapter 912 of the laws of 1920, as amended
by chapter 374 of the laws of 2007 to extend the current law from
being repealed on June 1, 2009 and setting a repeal date of May 15,
2010.

Section 3 directs the attorney general to generate a report on the
effectiveness of article 25 of the arts and cultural affairs law by
February 1, 2010.

 JUSTIFICATION :
Chapter 61 of the laws of 2007 created a shift in the way that
operators, venues, ticket brokers, and the general public could access
tickets after the primary sale. Gone were the caps imposed on what
could be charged for a ticket on the secondary market in favor of a
free market approach. During the two years of free market secondary
ticket sales, few if any complaints have surfaced on the conduct of
the secondary market. What has transpired is wholesale off-loading of
tickets by a primary seller to a secondary seller without any chance
for the public to purchase tickets at first sale and the consumer
being re-directed to secondary ticket resale where both the primary
and secondary market are controlled by the same entity. This bill is
aimed at stopping that practice by prohibiting primary ticket agents
from either selling or conveying tickets to a secondary ticket seller.

 LEGISLATIVE HISTORY :
New bill.

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
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.

2009-S3821B (ACTIVE) - Bill Text download pdf

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

                                 3821--B
    Cal. No. 265

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              April 2, 2009
                               ___________

Introduced  by  Sen.  C. JOHNSON  -- read twice and ordered printed, and
  when printed to be committed to the Committee  on  Investigations  and
  Government  Operations  --  reported  favorably  from  said committee,
  ordered to first and second report, ordered to a third reading, passed
  by Senate and delivered to the Assembly, recalled, vote  reconsidered,
  restored  to  third  reading, amended and ordered reprinted, retaining
  its place in the order of third reading -- again amended  and  ordered
  reprinted, retaining its place in the order of third reading

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
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.

                                                           LBD10863-05-9

S. 3821--B                          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 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.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Find your Senator and share your views on important issues.

Do you support this bill?

Senate Bill S3821

Signed By Governor

Sponsored By

Archive: Last Bill Status - Signed by Governor

Actions

Votes

Jun 1, 2009 - Floor Vote

Floor Vote: Jun 1, 2009

May 18, 2009 - Floor Vote

Floor Vote: May 18, 2009

Bill Amendments

2009-S3821 - Details

2009-S3821 - Summary

2009-S3821 - Sponsor Memo

2009-S3821 - Bill Text download pdf

2009-S3821A - Details

2009-S3821A - Summary

2009-S3821A - Sponsor Memo

2009-S3821A - Bill Text download pdf

2009-S3821B (ACTIVE) - Details

2009-S3821B (ACTIVE) - Summary

2009-S3821B (ACTIVE) - Sponsor Memo

2009-S3821B (ACTIVE) - Bill Text download pdf

Comments

Do you support this bill?

Get Status Alerts for 2009-S3821

Senate Bill S3821

Signed By Governor

Share this bill

Sponsored By

Craig M. Johnson

Archive: Last Bill Status - Signed by Governor

Actions

Votes

Bill Amendments

2009-S3821 - Details

2009-S3821 - Summary

2009-S3821 - Sponsor Memo

2009-S3821 - Bill Text download pdf

2009-S3821A - Details

2009-S3821A - Summary

2009-S3821A - Sponsor Memo

2009-S3821A - Bill Text download pdf

2009-S3821B (ACTIVE) - Details

2009-S3821B (ACTIVE) - Summary

2009-S3821B (ACTIVE) - Sponsor Memo

2009-S3821B (ACTIVE) - Bill Text download pdf

Comments