Senate Bill S5715

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 Senate Committee Investigations And Government Operations 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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 11, 2010	committee discharged and committed to investigations and government operations
Jan 06, 2010	referred to cultural affairs, tourism, parks and recreation
Jul 16, 2009	committed to rules
Jun 04, 2009	advanced to third reading
Jun 03, 2009	2nd report cal. amended (t) 5715a
Jun 02, 2009	1st report cal.598
Jun 01, 2009	referred to investigations and government operations

Bill Amendments

Original

A (Active)

2009-S5715 - Details

Current Committee:: Senate Investigations And Government Operations
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

2009-S5715 - 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-S5715 - Sponsor Memo

                                 BILL NUMBER:  S5715

 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 of2009
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-B 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-S5715 - Bill Text download pdf

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

                                  5715

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              June 1, 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 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

S. 5715                             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

S. 5715                             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-S5715A (ACTIVE) - Details

Current Committee:: Senate Investigations And Government Operations
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

2009-S5715A (ACTIVE) - Summary

2009-S5715A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5715A

 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-B 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-B 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-S5715A (ACTIVE) - Bill Text download pdf

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

                                 5715--A
    Cal. No. 598

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              June 1, 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 report, amended on first report, ordered to a  second
  report  and  ordered  reprinted,  retaining  its place in the order of
  second report

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

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

                                                           LBD14149-07-9

S. 5715--A                          2

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
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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Senate Bill S5715

Sponsored By

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

Actions

Bill Amendments

2009-S5715 - Details

2009-S5715 - Summary

2009-S5715 - Sponsor Memo

2009-S5715 - Bill Text download pdf

2009-S5715A (ACTIVE) - Details

2009-S5715A (ACTIVE) - Summary

2009-S5715A (ACTIVE) - Sponsor Memo

2009-S5715A (ACTIVE) - Bill Text download pdf

Comments

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Senate Bill S5715

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Sponsored By

Craig M. Johnson

Archive: Last Bill Status - In Senate Committee Investigations And Government Operations Committee

Actions

Bill Amendments

2009-S5715 - Details

2009-S5715 - Summary

2009-S5715 - Sponsor Memo

2009-S5715 - Bill Text download pdf

2009-S5715A (ACTIVE) - Details

2009-S5715A (ACTIVE) - Summary

2009-S5715A (ACTIVE) - Sponsor Memo

2009-S5715A (ACTIVE) - Bill Text download pdf

Comments