NY State Senate Bill S6931B

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

May 24, 2016 - floor Vote

S6931C

floor

Aye

Nay

Absent

Excused

Abstained

Apr 5, 2016 - Investigations and Government Operations committee Vote

S6931B

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

show Investigations and Government Operations committee vote details

Investigations and Government Operations Committee Vote: Apr 5, 2016

aye (8)

excused (1)

Nozzolio

Bill Amendments

Original

C (Active)

Original

C (Active)

S6931 - Details

See Assembly Version of this Bill:: A9640
Law Section:: Arts and Cultural Affairs Law
Laws Affected:: Amd §§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

 BILL NUMBER:  S6931

 TITLE OF BILL :  An act to amend the arts and cultural affairs law,
in relation to automated ticket purchasing software

 PURPOSE :

An act to amend the arts and cultural affairs law, in relation to
automated ticket purchasing software.

 SUMMARY OF PROVISIONS :

Section 1 expands the definition of automated ticket purchasing
software to include circumvention of control measures and ensuring
equitable consumer access to tickets. This section also makes it
unlawful to sell automated ticket purchasing software. This section
also provides civil penalties for those who sell automated ticket
purchasing software.

Section 2 provides criminal penalties for those who utilize or sell
automated ticket purchasing software.

Section 3 states that this act shall take effect immediately.

 JUSTIFICATION :

Arts and Cultural Law § 25.24 currently defines automated ticket
purchasing software as 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. These software programs are commonly referred to as
"bots." By expanding this definition, additional instances where
"loots" are used would be prohibited.

Arts and Cultural Law § 25.24 makes it unlawful to utilize such
software, but it does not currently make unlawful the sale of this
software. This section provides civil penalties, ranging from $500 to
$1,000, for those who utilize this software, but does not provide
civil penalties for those who sell such software. The civil penalties
for selling such software contained in this bill can deter the sale of
"bots" software.

Arts and Cultural Law § 25.35 contains criminal penalties for unlawful
commissions or unlawful commissions associated with ticket sales.
This bill would create criminal penalties in the form of imprisonment
or fines for the use or sale of "bots." The criminal penalties,
including a class A misdemeanor or class E felony charge and a fine
ranging from $1,000 to $5,000, can deter those who use or sell "bots"
and allow a more equitable ticket buying process.

 LEGISLATIVE HISTORY :

New Bill.

 FISCAL IMPLICATIONS :

None to the State.

 EFFECTIVE DATE :
This act shall take effect immediately.

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.

                                                           LBD14490-01-6

S. 6931                             2

criminal  procedure law, whichever is greater, or by a term of imprison-
ment not to exceed one year, or by both such fine and imprisonment.
  (b)  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, when the
value of the commission, gratuity, bonus, premium  or  price  unlawfully
paid or accepted exceeds one thousand dollars for an event as defined in
section  23.03 of this chapter, whether or not such payment is for tick-
ets to a single performance of that event, shall be guilty of a class  E
felony,  punishable  by  a  term  of imprisonment in accordance with the
penal law, or by a fine of five 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  criminal  procedure  law,  whichever  is
greater, or by both such fine and imprisonment.
  S  3. This act shall take effect immediately; provided that the amend-
ments to section 25.35 of the arts and  cultural  affairs  law  made  by
section  two of this act shall not affect the repeal of such article and
shall be deemed repealed therewith.

Co-Sponsors

S6931A - Details

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

S6931A - Summary

S6931A - Sponsor Memo

 BILL NUMBER:  S6931A

 TITLE OF BILL :  An act to amend the arts and cultural affairs law,
in relation to automated ticket purchasing software

 PURPOSE :

An act to amend the arts and cultural affairs law, in relation to
automated ticket purchasing software.

 SUMMARY :

Section 1 expands the definition of automated ticket purchasing
software to include circumvention of control measures used by Internet
ticket sellers to ensure equitable consumer access to tickets. This
section also makes it unlawful to sell automated ticket purchasing
software. This section also provides civil penalties for those who
sell automated ticket purchasing software.

Section 2 provides criminal penalties for those who utilize or sell
automated ticket purchasing software.

Section 3 states that this act shall take effect immediately.

 JUSTIFICATION :

Arts and Cultural Law § 25.24 currently defines automated ticket
purchasing software as 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. These software programs are commonly referred to as
"bots." By expanding this definition, additional instances where
"bots" are used would be prohibited.

Arts and Cultural Law § 25.24 makes it unlawful to utilize such
software, but it does not currently make unlawful the sale of this
software. This section provides civil penalties, ranging from $500 to
$1,000, for those who utilize this software, but does not provide
civil penalties for those who sell such software. The civil penalties
for selling such software contained in this bill can deter the sale of
"bots" software.

Arts and Cultural Law § 25.35 contains criminal penalties for unlawful
commissions or unlawful commissions associated with ticket sales.
This bill would create criminal penalties in the form of imprisonment
or fines for the use or sale of "bots." The criminal penalties,
including a class A misdemeanor or class E felony charge and a fine
ranging from $1,000 to $5,000, can deter those who use or sell "bots"
and allow a more equitable ticket buying process.

 LEGISLATIVE HISTORY :

New Bill.

 FISCAL IMPLICATIONS :

None to the State.

 EFFECTIVE DATE :
This act shall take effect immediately.

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.

                                                           LBD14490-02-6

S. 6931--A                          2

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
criminal  procedure law, whichever is greater, or by a term of imprison-
ment not to exceed one year, or by both such fine and imprisonment.
  (b)  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, when the
value of the commission, gratuity, bonus, premium  or  price  unlawfully
paid or accepted exceeds one thousand dollars for an event as defined in
section  23.03 of this chapter, whether or not such payment is for tick-
ets to a single performance of that event, shall be guilty of a class  E
felony,  punishable  by  a  term  of imprisonment in accordance with the
penal law, or by a fine of five 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  criminal  procedure  law,  whichever  is
greater, or by both such fine and imprisonment.
  S  3. This act shall take effect immediately; provided that the amend-
ments to section 25.35 of the arts and  cultural  affairs  law  made  by
section  two of this act shall not affect the repeal of such article and
shall be deemed repealed therewith.

Co-Sponsors

S6931B - Details

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

S6931B - Summary

S6931B - Sponsor Memo

 BILL NUMBER:  S6931B

 TITLE OF BILL :  An act to amend the arts and cultural affairs law,
in relation to automated ticket purchasing software

 PURPOSE :

An act to amend the arts and cultural affairs law, in relation to
automated ticket purchasing software.

 SUMMARY OF PROVISIONS :

Section 1 expands the definition of automated ticket purchasing
software to include circumventing control measures used by Internet
ticket sellers to ensure equitable consumer access to tickets for a
given event. This section also makes it unlawful to sell automated
ticket purchasing software. This section also restructures civil
penalties for those who utilize automated ticket purchasing software
and provides civil penalties for those who sell automated ticket
purchasing software.

Section 2 provides criminal penalties for those who utilize or sell
automated ticket purchasing software.

Section 3 states the effective date.

 JUSTIFICATION :

Arts and Cultural Affairs Law § 25.24 currently defines automated
ticket purchasing software as 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. These software programs are commonly referred to as
"bots." By expanding this definition, additional instances where
"bots" are used would be prohibited.

Arts and Cultural Affairs Law § 25.24 makes it unlawful to utilize
such software, but the sale of this software is not currently
unlawful.  This section currently provides civil penalties, ranging
from $500 to $1,000, for those who utilize this software, but does not
provide civil penalties for those who sell such software. The civil
penalties for selling such software contained in this bill can deter
the sale of "bots" software.

Arts and Cultural Affairs Law § 25.35 contains criminal penalties for
unlawful commissions or unlawful commissions associated with ticket
sales. This bill would create criminal penalties in the form of
imprisonment and fines for the use or sale of "bots." The criminal
penalties, including a class A misdemeanor or class E felony charge
and associated criminal fines can deter those who use or sell "bots"
and allow for a more equitable ticket buying process.

 LEGISLATIVE HISTORY :

New Bill.

 FISCAL IMPLICATIONS :

None to the State.

 EFFECTIVE DATE :
This act shall take effect on the ninetieth day after it shall have
become a law; provided that the amendments to section 25.35 of the
arts and cultural affairs law made by section two of this act shall
not affect the repeal of such article and shall be deemed repealed
therewith; provided, further that paragraph (c) of section 25.24 of
the arts and cultural affairs law, as added by section one of this
act, shall be subject to the repeal of article 25 of such law,
pursuant to chapter 704 of the laws of 1991, as amended, and shall be
deemed repealed therewith.

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.

                                                           LBD14490-04-6

S. 6931--B                          2

ET  SELLERS  TO  ENSURE EQUITABLE CONSUMER ACCESS TO TICKETS FOR A GIVEN
EVENT shall be subject to a civil penalty in an amount:
  (I)  of  no  less than five hundred dollars [and no] NOR more than one
thousand dollars for [each] THE FIRST such violation;
  (II) OF NO LESS THAN ONE THOUSAND DOLLARS NOR MORE THAN  ONE  THOUSAND
FIVE  HUNDRED  DOLLARS  FOR A SECOND SUCH VIOLATION WITHIN A TWENTY-FOUR
MONTH PERIOD; OR
  (III) OF NO LESS THAN TWO THOUSAND DOLLARS NOR MORE THAN TWO  THOUSAND
FIVE HUNDRED DOLLARS FOR A THIRD OR ANY SUBSEQUENT SUCH VIOLATION WITHIN
A TWENTY-FOUR MONTH PERIOD;
and  shall forfeit all profits made from the sale of any such unlawfully
obtained tickets.
  (B) ANY PERSON, FIRM, CORPORATION, OR OTHER ENTITY WHO KNOWINGLY SELLS
AUTOMATED TICKET PURCHASING SOFTWARE SHALL BE SUBJECT TO A CIVIL PENALTY
IN AN AMOUNT:
  (I) OF NO LESS THAN FIVE HUNDRED DOLLARS NOR MORE  THAN  ONE  THOUSAND
DOLLARS FOR THE FIRST SUCH VIOLATION;
  (II)  OF  NO LESS THAN ONE THOUSAND DOLLARS NOR MORE THAN ONE THOUSAND
FIVE HUNDRED DOLLARS FOR A SECOND SUCH VIOLATION  WITHIN  A  TWENTY-FOUR
MONTH PERIOD; OR
  (III)  OF NO LESS THAN TWO THOUSAND DOLLARS NOR MORE THAN TWO THOUSAND
FIVE HUNDRED DOLLARS FOR A THIRD OR ANY SUBSEQUENT SUCH VIOLATION WITHIN
A TWENTY-FOUR MONTH PERIOD;
AND SHALL FORFEIT ALL PROFITS MADE FROM THE SALE OF ANY SUCH SOFTWARE.
  (C) NOTHING IN THIS SUBDIVISION SHALL LIMIT THE APPLICABILITY OF CRIM-
INAL PENALTIES THAT MAY BE IMPOSED PURSUANT TO  SECTION  25.35  OF  THIS
ARTICLE.
  S  2.  Subdivisions  6 and 7 of section 25.35 of the arts and cultural
affairs law are renumbered subdivisions 7 and 8, and a new subdivision 6
is added to read as follows:
  6. (A) ANY PERSON, FIRM, CORPORATION OR OTHER ENTITY, WHETHER  OR  NOT
DOMICILED,  LICENSED  OR REGISTERED WITHIN THE STATE, WHICH IS CONVICTED
OF KNOWINGLY VIOLATING ANY PROVISION OF  SUBDIVISION  THREE  OF  SECTION
25.24  OF  THIS  ARTICLE  SHALL  BE  GUILTY  OF A CLASS A MISDEMEANOR AS
DEFINED IN THE PENAL LAW.
  (B) ANY PERSON, FIRM, CORPORATION OR  OTHER  ENTITY,  WHETHER  OR  NOT
DOMICILED,  LICENSED  OR REGISTERED WITHIN THE STATE, WHICH IS CONVICTED
OF KNOWINGLY VIOLATING ANY PROVISION OF  SUBDIVISION  THREE  OF  SECTION
25.24 OF THIS ARTICLE AFTER HAVING BEEN CONVICTED OF A KNOWING VIOLATION
OF SUCH SUBDIVISION WITHIN A TWENTY-FOUR MONTH PERIOD SHALL BE GUILTY OF
A CLASS E FELONY AS DEFINED IN THE PENAL LAW.
  (C) NOTHING IN THIS SUBDIVISION SHALL LIMIT THE APPLICABILITY OF CIVIL
PENALTIES THAT MAY BE IMPOSED PURSUANT TO SECTION 25.24 OF THIS ARTICLE.
  S  3.  This  act shall take effect on the ninetieth day after it shall
have become a law; provided that the amendments to section 25.35 of  the
arts  and cultural affairs law made by section two of this act shall not
affect the repeal of such article and shall be  deemed  repealed  there-
with;  provided, further that paragraph (c) of section 25.24 of the arts
and cultural affairs law, as added by section one of this act, shall  be
subject to the repeal of article 25 of such law, pursuant to chapter 704
of the laws of 1991, as amended, and shall be deemed repealed therewith.

Co-Sponsors

S6931C (ACTIVE) - Details

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

S6931C (ACTIVE) - Summary

S6931C (ACTIVE) - Sponsor Memo

 BILL NUMBER:  S6931C        REVISED MEMO 05/19/2016

 TITLE OF BILL :  An act to amend the arts and cultural affairs law,
in relation to disclosure by certain platform operators and ticket
purchasing software

 PURPOSE :

This bill would strengthen civil penalties and create criminal
penalties within the arts and cultural affairs law for the use of
"bots." In addition, the bill would increase transparency by requiring
platforms to make disclosures similar to those required of licensed
resellers.

 SUMMARY OF PROVISIONS :

Section 1 requires ticket resale platforms to disclose clearly and
conspicuously that it is a such a platform, that the resale price may
exceed the established price, the platform's refund policies for
events that are cancelled or postponed, and requires such platforms to
provide licensees and other reselling tickets the capability to
provide the established price on the platform or via hyperlink.

Section 2 amends the definition of automated ticket purchasing
software to clarify that it includes software that on its own or with
human assistance bypasses security measures and expands the definition

to cover the bypassing of access control systems or other controls or
measures used to ensure equitable consumer access to tickets on a
retail ticket purchasing platform. The term retail ticket purchasing
software platform is defined. This section also makes it unlawful for
ticket resellers to resell or offer to resell tickets that they know
were obtained using ticket purchasing software. This section also
increases civil penalties for knowingly utilizing this software. This
section also creates civil penalties for reselling or offering to
resell a ticket the reseller knows were obtained using the software.
This section also amends the period for which a person subject to a
civil penalty will be found guilty of a violation for such conduct
from the previous five years to the previous three years.

Section 3 provides criminal penalties for those who utilize ticket
purchasing software, maintain any interest or control of the operation
of ticket purchasing software, or resell or offer to resell tickets
that they know were obtained using such software.

Section 4 states the effective date.

 JUSTIFICATION :

Arts and Cultural Affairs Law § 25.23 currently requires that
licensees make certain disclosures to consumers. This bill would
require that ticket resale platforms also clearly and conspicuously
disclose that they are resale platforms, their refund policies for
events that are cancelled or postponed, and that resale prices may
exceed established prices. This bill would also require that ticket
resale platforms enable licensees and others to comply with existing
law, which requires that licensees conspicuously display the
established price of tickets they offer for sale.

Arts and Cultural Affairs Law § 25.24 currently defines automated
ticket purchasing software as 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. These software programs are commonly referred to as
"bots." This bill would revise this definition to address the wide
variety of ticket bots that are used. The bill would clarify that
ticket purchasing software encompasses any machine, device, computer
program, or computer software that functions on its own or with human
assistance. The bill would also expand the definition of ticket
purchasing software to include ticket bots that attempt to bypass
access control systems or other controls or measures used to ensure
equitable consumer access to tickets, clarify that the law's coverage
includes retail ticket purchasing websites and applications, and
expands the law's scope to include phone systems and other technology
platforms used to sell tickets.

Arts and Cultural Affairs Law § 25.24 currently provides civil
penalties for utilizing this software or intentionally maintaining any
interest in or control of the operation of this software.  However,
this section does not provide civil penalties for conduct that is
common, i.e. reselling or offering to resell tickets that the reseller
knows were obtained using such software. This bill would make it
unlawful to resell or offer to resell tickets with knowledge that the
tickets were purchased using ticket purchasing software.

Arts and Cultural Affairs Law § 25.35 contains criminal penalties for
unlawful activities associated with ticket sales. This bill would
create criminal penalties in the form of imprisonment and/or fines for
using "bots," maintaining an interest or control over the operation of
"bots," and reselling or offering to resell tickets that the reseller
knew were obtained using bots. The criminal penalties, including a
class A misdemeanor or class E felony charge and associated criminal
fines, can help deter those who use or control "bots" or resell
tickets procured with "bots" and allow for a more equitable ticket
buying process.

 LEGISLATIVE HISTORY :

New Bill.

 FISCAL IMPLICATIONS :

None to the State.

 EFFECTIVE DATE :
This act shall take effect on the ninetieth day after it shall have
become a law; provided that the amendments to section 25.23 and 25.35
of the arts and cultural affairs law, made by sections one and three
of this act, shall not affect the repeal of such article and shall be
deemed repealed therewith.

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

                      [ ] is old law to be omitted.
                                                           LBD14490-14-6

S. 6931--C                          2

SOLELY BETWEEN THIRD PARTIES AND DOES NOT IN ANY OTHER MANNER ENGAGE  IN
RESALES OF TICKETS TO PLACES OF ENTERTAINMENT SHALL DISCLOSE CLEARLY AND
CONSPICUOUSLY THAT IT IS SUCH A PLATFORM, THAT PRICES OF TICKETS OFFERED
FOR  SALE  MAY EXCEED THE ESTABLISHED PRICE AND THE REFUND POLICY OF THE
PLATFORM IN CONNECTION WITH  THE  CANCELLATION  OR  POSTPONEMENT  OF  AN
EVENT, AND SHALL PROVIDE LICENSEES AND OTHERS THAT OFFER TO RESELL TICK-
ETS  THROUGH  THE WEBSITE OR ELECTRONIC SERVICE THE CAPABILITY TO SUPPLY
THE ESTABLISHED PRICE CHARGED BY THE OPERATOR OF  THE  PLACE  OF  ENTER-
TAINMENT  AND  SHALL  DISPLAY  CONSPICUOUSLY  SAID ESTABLISHED PRICE, OR
HYPERLINK TO THE SAME,  ON  THE  INTERNET  PAGE  ON  WHICH  TICKETS  ARE
ACCESSED.
  S  2.  Section 25.24 of the arts and cultural affairs law, as added by
chapter 151 of the laws of 2010, is amended to read as follows:
  S 25.24. [Automated ticket] TICKET purchasing software.  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], ON ITS OWN OR WITH HUMAN ASSISTANCE, BYPASSES security measures
[to purchase tickets] OR ACCESS  CONTROL  SYSTEMS  ON  A  RETAIL  TICKET
PURCHASING  PLATFORM,  OR  OTHER CONTROLS OR MEASURES ON A RETAIL TICKET
PURCHASING PLATFORM THAT ARE USED TO ENSURE EQUITABLE CONSUMER ACCESS TO
TICKETS.  FOR PURPOSES OF THIS SECTION, THE TERM "RETAIL TICKET PURCHAS-
ING PLATFORM" SHALL MEAN A RETAIL TICKET  PURCHASING  WEBSITE,  APPLICA-
TION, PHONE SYSTEM, OR OTHER TECHNOLOGY PLATFORM USED TO SELL TICKETS.
  2. (A) It shall be unlawful for any person, FIRM, CORPORATION OR OTHER
ENTITY  to  utilize  [automated] ticket purchasing software [to purchase
tickets].
  (B) IT SHALL BE UNLAWFUL FOR ANY PERSON, FIRM,  CORPORATION  OR  OTHER
ENTITY  TO  RESELL  OR OFFER TO RESELL A TICKET KNOWINGLY OBTAINED USING
TICKET PURCHASING SOFTWARE.
  3. (A) Any person, FIRM, CORPORATION OR  OTHER  ENTITY  who  knowingly
utilizes  [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] SEVEN
HUNDRED FIFTY DOLLARS and no more than [one thousand dollars] ONE  THOU-
SAND  FIVE HUNDRED DOLLARS for each such violation and shall forfeit all
profits made from the sale of any such unlawfully obtained tickets.
  4. Any person, FIRM, CORPORATION OR  OTHER  ENTITY  who  intentionally
maintains  any  interest in or maintains any control of the operation of
[automated] ticket purchasing software to [bypass security measures  to]
purchase  tickets shall be subject to a civil penalty in an amount of no
less than seven hundred fifty dollars and no more than one thousand five
hundred dollars for each such violation and shall  forfeit  all  profits
made from the sale of any such unlawfully obtained tickets.
  5.    ANY  PERSON,  FIRM,  CORPORATION  OR OTHER ENTITY WHO RESELLS OR
OFFERS TO RESELL A TICKET KNOWINGLY  OBTAINED  USING  TICKET  PURCHASING
SOFTWARE  SHALL  BE  SUBJECT  TO A CIVIL PENALTY IN AN AMOUNT OF NO LESS
THAN SEVEN HUNDRED FIFTY DOLLARS AND NO  MORE  THAN  ONE  THOUSAND  FIVE
HUNDRED  DOLLARS  FOR  EACH SUCH VIOLATION AND SHALL FORFEIT ALL PROFITS
MADE FROM THE SALE OF ANY SUCH UNLAWFULLY OBTAINED TICKET.
  6. Any person who is subject to a civil penalty under this section and
has been assessed a penalty under this section in  the  previous  [five]
THREE years shall be guilty of a violation and may be fined no less than
one  thousand  dollars  and  no more than five thousand dollars for each
such violation and shall forfeit all profits from the sale of  any  such
unlawfully  obtained  tickets.  In  addition,  a  person  convicted of a

S. 6931--C                          3

violation under this section may be required  to  forfeit  any  and  all
equipment used in the unlawful purchasing of tickets.
  [6.]  7.  The  attorney general shall have jurisdiction to enforce the
provisions of this section in accordance with the powers granted to  him
or her by section sixty-three of the executive law.
  [7.]  8.  In  addition  to  the power given to the attorney general to
enforce the provisions of this section, any place of  entertainment,  as
defined  by  section  23.03 of this chapter, or any aggrieved party that
has been injured by wrongful conduct  prescribed  by  this  section  may
bring  an  action  to recover all actual damages suffered as a result of
any of such wrongful conduct. The court  in  its  discretion  may  award
damages  up  to  three times the amount of actual damages. The court may
enjoin the respondent from any and all activity  prohibited  under  this
section. The court may also award reasonable attorney's fees and costs.
  S  3.  Subdivisions  6 and 7 of section 25.35 of the arts and cultural
affairs law are renumbered subdivisions 7 and 8 and a new subdivision  6
is added to read as follows:
  (6)  (A)  ANY  PERSON,  FIRM,  CORPORATION  OR  OTHER ENTITY, WHICH IS
CONVICTED OF KNOWINGLY VIOLATING SUBDIVISION  THREE,  FOUR  OR  FIVE  OF
SECTION  25.24  OF THIS ARTICLE SHALL BE GUILTY OF A CLASS A MISDEMEANOR
AS DEFINED IN THE PENAL LAW.
  (B) ANY PERSON, FIRM, CORPORATION OR OTHER ENTITY, WHICH IS  CONVICTED
OF  KNOWINGLY VIOLATING SUBDIVISION THREE, FOUR OR FIVE OF SECTION 25.24
OF THIS ARTICLE TWO OR MORE TIMES WITHIN  THE  THIRTY-SIX  MONTH  PERIOD
PRECEDING  SUCH  FIRST CONVICTION SHALL BE GUILTY OF A CLASS E FELONY AS
DEFINED IN THE PENAL LAW.
  (C) NOTHING IN THIS SUBDIVISION SHALL LIMIT THE APPLICABILITY OF CIVIL
PENALTIES THAT MAY BE IMPOSED PURSUANT TO SECTION 25.24 OF THIS ARTICLE.
  S 4. This act shall take effect on the ninetieth day  after  it  shall
have  become  a law; provided, that the amendments to sections 25.23 and
25.35 of the arts and cultural affairs law, made  by  sections  one  and
three  of  this  act,  shall not affect the repeal of article 25 of such
law, and shall be deemed repealed therewith.

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senate Bill S6931B

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senate Bill S6931B

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Sponsored By

Andrew J. Lanza

Archive: Last Bill Status - Passed Senate

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Votes

May 24, 2016 - floor Vote

Floor Vote: May 24, 2016

Apr 5, 2016 - Investigations and Government Operations committee Vote

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Bill Amendments

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Phil Boyle

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Daniel L. Squadron

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