S T A T E O F N E W Y O R K
________________________________________________________________________
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cultural affairs law are REPEALED.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.