S T A T E   O F   N E W   Y O R K
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                                  5810

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              March 6, 2013
                               ___________

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cultural affairs law are REPEALED.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 DIVISION.  1. THE CONSUMER
PROTECTION DIVISION OF THE DEPARTMENT OF STATE SHALL REVIEW  THE  EFFEC-
TIVENESS  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
FOURTEEN.  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  TICKETS 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  AVAIL-
ABILITY  OF  TICKETS  AND  THE  IMPACT  OF  TECHNOLOGY ON THE ABILITY TO
PURCHASE BLOCKS OF TICKETS; THE ECONOMIC IMPACT OF THE  CURRENT  LAW  ON
THE STATE; AND, LEGISLATIVE RECOMMENDATIONS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09323-01-3

              

A. 5810                             2

  2. IN ORDER TO EFFECTUATE SUCH A REPORT, THE SECRETARY OF STATE, ON OR
BEFORE  SEPTEMBER FIFTEENTH, TWO THOUSAND THIRTEEN, SHALL DELIVER TO THE
CONSUMER PROTECTION DIVISION  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 THIRTEEN; THE NUMBER OF LICENSED TICKET RESELLERS IN NEW YORK STATE
AS OF SEPTEMBER FIRST, TWO THOUSAND THIRTEEN; 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.