senate Bill S6931C

2015-2016 Legislative Session

Prohibits the use or sale of computer software to circumvent security measures or access control systems that ensure equitable consumer access to tickets for a particular event

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Archive: Last Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (12)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 24, 2016 referred to tourism, parks, arts and sports development
delivered to assembly
passed senate
May 17, 2016 amended on third reading (t) 6931c
Apr 11, 2016 advanced to third reading
Apr 06, 2016 2nd report cal.
Apr 05, 2016 1st report cal.536
Mar 29, 2016 print number 6931b
Mar 29, 2016 amend and recommit to investigations and government operations
Mar 10, 2016 print number 6931a
Mar 10, 2016 amend and recommit to investigations and government operations
Mar 08, 2016 referred to investigations and government operations

Votes

view votes

Apr 5, 2016 - Investigations and Government Operations committee Vote

S6931B
8
0
committee
8
Aye
0
Nay
0
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show committee vote details

Committee Vote: Apr 5, 2016

excused (1)

S6931 - Details

See Assembly Version of this Bill:
A9640
Law Section:
Arts and Cultural Affairs Law
Laws Affected:
Amd §§25.23, 25.24 & 25.35, Arts & Cul L

S6931 - Summary

Prohibits the use or sale of machines, devices, or computer programs or software to circumvent security measures, access control systems, or other controls or measures that ensure equitable consumer access to tickets for a particular event; imposes civil and criminal penalties for violations of such provisions.

S6931 - Sponsor Memo

S6931 - Bill Text download pdf

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

                                  6931

                            I N  S E N A T E

                              March 8, 2016
                               ___________

Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment Operations

AN ACT to amend the arts and cultural affairs law, in relation to  auto-
  mated ticket purchasing software

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

  Section 1. Subdivisions 1, 2 and 3 of section 25.24 of  the  arts  and
cultural  affairs  law, as added by chapter 151 of the laws of 2010, are
amended to read as follows:
  1. The term "automated ticket purchasing  software"  shall  mean,  any
machine, device, computer program or computer software that navigates or
runs  automated  tasks  on retail ticket purchasing websites in order to
bypass security measures to purchase tickets OR TO CIRCUMVENT A SECURITY
MEASURE, ACCESS CONTROL SYSTEM, OR OTHER CONTROL OR  MEASURE  TO  ENSURE
EQUITABLE CONSUMER ACCESS TO TICKETS FOR A GIVEN EVENT.
  2.  It  shall  be unlawful for any person to utilize OR SELL automated
ticket purchasing software to purchase tickets.
  3. Any  person  who  knowingly  utilizes  OR  SELLS  automated  ticket
purchasing  software  in  order  to bypass security measures to purchase
tickets shall be subject to a civil penalty in an amount of no less than
five hundred dollars and no more than one thousand dollars for each such
violation and shall forfeit all profits made from the sale of  any  such
unlawfully obtained tickets.
  S  2.  Paragraphs (a) and (b) of subdivision 1 of section 25.35 of the
arts and cultural affairs law, paragraph (a) as  amended  and  paragraph
(b)  as  added by chapter 56 of the laws of 2001, are amended to read as
follows:
  (a) Any person, firm, corporation or  other  entity,  whether  or  not
domiciled,  licensed  or registered within the state, which is convicted
of violating section 25.24, 25.27, or 25.29 of  this  article  shall  be
guilty  of  a class A misdemeanor punishable by a fine not to exceed one
thousand dollars or two times the amount of the defendant's gain, to  be
determined pursuant to the procedures set forth in section 400.30 of the

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

Co-Sponsors

S6931A - Details

See Assembly Version of this Bill:
A9640
Law Section:
Arts and Cultural Affairs Law
Laws Affected:
Amd §§25.23, 25.24 & 25.35, Arts & Cul L

S6931A - Summary

Prohibits the use or sale of machines, devices, or computer programs or software to circumvent security measures, access control systems, or other controls or measures that ensure equitable consumer access to tickets for a particular event; imposes civil and criminal penalties for violations of such provisions.

S6931A - Sponsor Memo

S6931A - Bill Text download pdf

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

                                 6931--A

                            I N  S E N A T E

                              March 8, 2016
                               ___________

Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment  Operations  --  committee  discharged,  bill  amended,   ordered
  reprinted as amended and recommitted to said committee

AN  ACT to amend the arts and cultural affairs law, in relation to auto-
  mated ticket purchasing software

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

  Section  1.  Subdivisions  1, 2 and 3 of section 25.24 of the arts and
cultural affairs law, as added by chapter 151 of the laws of  2010,  are
amended to read as follows:
  1.  The  term  "automated  ticket purchasing software" shall mean, any
machine, device, computer program or computer software that navigates or
runs automated tasks on retail ticket purchasing websites  in  order  to
bypass security measures to purchase tickets OR TO CIRCUMVENT A SECURITY
MEASURE,  ACCESS  CONTROL  SYSTEM,  OR  OTHER CONTROL OR MEASURE USED BY
INTERNET TICKET SELLERS TO ENSURE EQUITABLE CONSUMER ACCESS  TO  TICKETS
FOR A GIVEN EVENT.
  2.  It  shall  be unlawful for any person to utilize OR SELL automated
ticket purchasing software to purchase tickets.
  3. Any  person  who  knowingly  utilizes  OR  SELLS  automated  ticket
purchasing  software  in  order  to bypass security measures to purchase
tickets shall be subject to a civil penalty in an amount of no less than
five hundred dollars and no more than one thousand dollars for each such
violation and shall forfeit all profits made from the sale of  any  such
unlawfully obtained tickets.
  S  2.  Paragraphs (a) and (b) of subdivision 1 of section 25.35 of the
arts and cultural affairs law, paragraph (a) as  amended  and  paragraph
(b)  as  added by chapter 56 of the laws of 2001, are amended to read as
follows:
  (a) Any person, firm, corporation or  other  entity,  whether  or  not
domiciled,  licensed  or registered within the state, which is convicted
of violating section 25.24, 25.27, or 25.29 of  this  article  shall  be
guilty  of  a class A misdemeanor punishable by a fine not to exceed one

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

Co-Sponsors

S6931B - Details

See Assembly Version of this Bill:
A9640
Law Section:
Arts and Cultural Affairs Law
Laws Affected:
Amd §§25.23, 25.24 & 25.35, Arts & Cul L

S6931B - Summary

Prohibits the use or sale of machines, devices, or computer programs or software to circumvent security measures, access control systems, or other controls or measures that ensure equitable consumer access to tickets for a particular event; imposes civil and criminal penalties for violations of such provisions.

S6931B - Sponsor Memo

S6931B - Bill Text download pdf

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

                                 6931--B

                            I N  S E N A T E

                              March 8, 2016
                               ___________

Introduced  by Sens. LANZA, BOYLE -- read twice and ordered printed, and
  when printed to be committed to the Committee  on  Investigations  and
  Government  Operations  -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said  committee  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT to amend the arts and cultural affairs law, in relation to auto-
  mated ticket purchasing software

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

  Section  1.  Subdivisions  1, 2 and 3 of section 25.24 of the arts and
cultural affairs law, as added by chapter 151 of the laws of  2010,  are
amended to read as follows:
  1.  The  term  "automated  ticket purchasing software" shall mean, any
machine, device, computer program or computer software that navigates or
runs automated tasks on retail ticket purchasing websites  in  order  to
bypass security measures to purchase tickets, OR TO CIRCUMVENT A SECURI-
TY  MEASURE,  ACCESS  CONTROL SYSTEM OR OTHER CONTROL OR MEASURE USED BY
INTERNET TICKET SELLERS TO ENSURE EQUITABLE CONSUMER ACCESS  TO  TICKETS
FOR A GIVEN EVENT.
  2. (A) It shall be unlawful for any person, FIRM, CORPORATION OR OTHER
ENTITY to utilize automated ticket purchasing software to purchase tick-
ets, OR TO CIRCUMVENT A SECURITY MEASURE, ACCESS CONTROL SYSTEM OR OTHER
CONTROL  OR  MEASURE USED BY INTERNET TICKET SELLERS TO ENSURE EQUITABLE
CONSUMER ACCESS TO TICKETS FOR A GIVEN EVENT.
  (B) IT SHALL BE UNLAWFUL FOR ANY PERSON, FIRM,  CORPORATION  OR  OTHER
ENTITY TO SELL AUTOMATED TICKET PURCHASING SOFTWARE TO PURCHASE TICKETS,
OR  TO  CIRCUMVENT  A  SECURITY MEASURE, ACCESS CONTROL SYSTEM, OR OTHER
CONTROL OR MEASURE USED BY INTERNET TICKET SELLERS TO  ENSURE  EQUITABLE
CONSUMER ACCESS TO TICKETS FOR A GIVEN EVENT.
  3.  (A)  Any  person,  FIRM, CORPORATION OR OTHER ENTITY who knowingly
utilizes automated ticket purchasing software in order to bypass securi-
ty measures to purchase tickets OR TO  CIRCUMVENT  A  SECURITY  MEASURE,
ACCESS CONTROL SYSTEM OR OTHER CONTROL OR MEASURE USED BY INTERNET TICK-

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

Co-Sponsors

S6931C (ACTIVE) - Details

See Assembly Version of this Bill:
A9640
Law Section:
Arts and Cultural Affairs Law
Laws Affected:
Amd §§25.23, 25.24 & 25.35, Arts & Cul L

S6931C (ACTIVE) - Summary

Prohibits the use or sale of machines, devices, or computer programs or software to circumvent security measures, access control systems, or other controls or measures that ensure equitable consumer access to tickets for a particular event; imposes civil and criminal penalties for violations of such provisions.

S6931C (ACTIVE) - Sponsor Memo

S6931C (ACTIVE) - Bill Text download pdf

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

                                 6931--C
    Cal. No. 536

                            I N  S E N A T E

                              March 8, 2016
                               ___________

Introduced  by Sens. LANZA, BOYLE -- read twice and ordered printed, and
  when printed to be committed to the Committee  on  Investigations  and
  Government  Operations  -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said  committee  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee -- reported favorably from said committee, ordered
  to first and second report, ordered to a third  reading,  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
  disclosure by certain platform operators and ticket  purchasing  soft-
  ware

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

  Section 1. Section 25.23 of the arts  and  cultural  affairs  law,  as
amended  by  chapter  106  of  the  laws  of 2005, is amended to read as
follows:
  S 25.23. Posting of price lists; information to  purchaser.  In  every
principal  office  or branch office, bureau, agency or sub-agency of any
licensee under this article, there shall be conspicuously posted and  at
all  times  displayed a price list showing the established price charged
by the operator of the place of entertainment  for  which  a  ticket  is
being  sold  by  such licensee, together with the price being charged by
such licensee for the resale of such ticket, so that all persons  visit-
ing  such  place  may  readily  see the same. The licensee shall also on
request furnish each purchaser of a ticket with a  receipt  showing  the
same information. Further, if the licensee conducts business through the
use  of  the  internet,  the  same price list, or hyperlink to the same,
shall be conspicuously displayed on the internet page on  which  tickets
are  accessed.  In  addition the licensee shall publish in a conspicuous
place, or hyperlink to on the internet a statement clearly detailing the
required guarantees required by section 25.07 of this article.
  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ANY OPERATOR OR MANAGER OF
A WEBSITE OR OTHER ELECTRONIC SERVICE  THAT  SERVES  AS  A  PLATFORM  TO
FACILITATE  RESALE,  OR  RESALE BY WAY OF A COMPETITIVE BIDDING PROCESS,

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

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