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

                                  5479

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 22, 2011
                               ___________

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

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 such law 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cultural affairs law are REPEALED.
  S 2. 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 TWELVE. 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 ELEVEN, SHALL DELIVER TO THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09122-01-1
              

A. 5479                             2

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  ELEVEN;  THE NUMBER OF LICENSED TICKET RESELLERS IN NEW YORK STATE
AS OF SEPTEMBER FIRST, TWO THOUSAND ELEVEN; AN ANALYSIS  OF  THE  EFFEC-
TIVENESS 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 3. This act shall take effect immediately; provided,  however,  that
the  amendments to article 25 of the arts and cultural affairs law, made
by section two of this act, shall not affect the  expiration and  repeal
of such article, and shall expire and be deemed repealed therewith.