A10713 Summary:

BILL NOA10713
 
SAME ASSAME AS S08123
 
SPONSORCrespo
 
COSPNSRZebrowski, Rosenthal, Lopez
 
MLTSPNSR
 
Amd 25.24, Arts & Cul L
 
Relates to automated ticket purchasing software.
Go to top    

A10713 Actions:

BILL NOA10713
 
06/13/2016referred to codes
06/15/2016reported referred to ways and means
06/15/2016reported referred to rules
06/16/2016reported
06/16/2016rules report cal.482
06/16/2016ordered to third reading rules cal.482
06/17/2016passed assembly
06/17/2016delivered to senate
06/17/2016REFERRED TO RULES
06/17/2016SUBSTITUTED FOR S8123
06/17/20163RD READING CAL.1983
06/17/2016PASSED SENATE
06/17/2016RETURNED TO ASSEMBLY
11/16/2016delivered to governor
11/28/2016signed chap.472
Go to top

A10713 Committee Votes:

WAYS AND MEANS Chair:Farrell DATE:06/15/2016AYE/NAY:33/0 Action: Favorable refer to committee Rules
FarrellAyeOaksAye
LentolAyeCrouchAye
SchimmingerAyeBarclayAye
GanttAyeFitzpatrickAye
WeinsteinAyeSaladinoAye
GlickAyeHawleyAye
NolanExcusedDupreyAye
PretlowAyeCorwinAye
PerryAyeMalliotakisAye
ColtonAyeWalterAye
CookAye
CahillAye
AubryAye
HooperAye
ThieleAye
WrightAye
CusickAye
OrtizAye
BenedettoAye
MarkeyExcused
MoyaAye
WeprinAye
RodriguezAye
RamosAye
BraunsteinAye

CODES Chair:Lentol DATE:06/15/2016AYE/NAY:22/0 Action: Favorable refer to committee Ways and Means
LentolAyeGrafAye
SchimmingerAyeGiglioAye
WeinsteinAyeMcKevittAye
HevesiAyeMontesanoAye
WrightAyeRaAye
PretlowAyeTenneyAye
CookAye
CymbrowitzAye
TitusAye
O'DonnellAye
LavineAye
PerryAye
ZebrowskiAye
AbinantiAye
WeprinAye
MosleyAye

RULES Chair:Heastie DATE:06/16/2016AYE/NAY:28/0 Action: Favorable
HeastieAyeKolbAye
GottfriedAyeTediscoAye
LentolAyeOaksAye
FarrellAyeButlerAye
GanttAyeCrouchAye
NolanAyeFinchExcused
WeinsteinAyeBarclayAye
HooperAyeRaiaAye
OrtizAyeDupreyAye
PretlowAye
CookAye
GlickAye
MorelleAye
AubryAye
EnglebrightAye
WrightExcused
DinowitzAye
ColtonAye
MagnarelliAye
PerryAye
MarkeyAye

Go to top

A10713 Floor Votes:

DATE:06/17/2016Assembly Vote  YEA/NAY: 136/0
AbbateYCrespoYGottfriedYLopezYPalumboERSimonY
AbinantiYCrouchYGrafYLupardoYPaulinYSimotasY
ArroyoYCurranYGuntherYLupinacciYPeoples-StokesYSkartadosY
AubryYCusickYHarrisYMageeYPerryYSkoufisY
BarclayYCymbrowitzYHawleyYMagnarelliYPichardoYSolagesY
BarrettYDavilaYHevesiYMalliotakisYPretlowYStecY
BarronYDenDekkerYHikindERMarkeyYQuartYSteckY
BenedettoYDilanYHooperYMayerYRaYStirpeY
BichotteYDinowitzYHunterYMcDonaldYRaiaYTediscoY
BlakeYDiPietroERHyndmanYMcDonoughYRamosYTenneyER
BlankenbushYDupreyYJaffeeYMcKevittYRichardsonYThieleY
BrabenecYEnglebrightYJean-PierreYMcLaughlinERRiveraYTitoneY
BraunsteinYFahyYJohnsYMillerYRobinsonYTitusY
BrennanERFarrellYJoynerYMontesanoYRodriguezYWalkerY
BrindisiERFinchERKatzERMorelleYRosenthalYWalterY
BronsonYFitzpatrickYKavanaghYMosleyYRozicYWeinsteinY
BuchwaldYFriendYKearnsYMoyaYRussellYWeprinY
ButlerYGalefYKimERMurrayYRyanYWilliamsY
CahillYGanttYKolbYNojayYSaladinoYWoernerY
CancelYGarbarinoYLalorYNolanYSantabarbaraYWozniakER
CastorinaYGiglioYLavineYOaksYSchimelYWrightER
CerettoYGjonajYLawrenceYO'DonnellYSchimmingerYZebrowskiY
ColtonYGlickYLentolYOrtizYSeawrightYMr SpkrY
CookYGoldfederYLiftonYOtisYSepulvedaY
CorwinYGoodellYLinaresYPalmesanoYSimanowitzY

Go to top

A10713 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A10713           REVISED MEMO 06/15/2016
 
SPONSOR: Rules (Crespo)
  TITLE OF BILL: An act to amend the arts and cultural affairs law, in relation to automated ticket purchasing software   PURPOSE: This bill would strengthen civil penalties and create a new criminal penalty within the arts and cultural affairs law for the use of ticket purchasing software, also known as "bots."   SUMMARY OF PROVISIONS: Section 1 amends the definition of automated ticket purchasing software to clarify that the term covers software that functions either on its own or with human assistance, and to expand the definition to include software that bypasses security measures of access control systems or other controls and measures that assist in implementing a limit on the number of tickets that can be purchased 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 if not obtained for their own use or those of their invitees, employees or agents. This section also increases civil penalties for knowingly utilizing software and intentionally maintaining any interest or control of this software. This section would also estab- lish a new civil penalty for the selling and reselling of tickets obtained using ticket purchasing software. This section also amends the period for which a person subject to a civil penalty will be found guil- ty of a violation for such conduct from the previous five years to the previous three years. This section also creates a class A misdemeanor criminal penalty for persons who engage in the above conduct unless the "bots" tickets were obtained for their own use or the use of their invi- tees, employees or agents. Section 2 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." This bill would revise this definition to address the wide variety of ticket "bots" that are used. The bill would clarify that ticket purchas- ing 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 that assist in implementing a limit on the number of tickets that can be purchased, to purchase tickets. The bill would also 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 tick- ets. Arts and Cultural Affairs Law § 2524 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. This bill would create criminal penalties in the form of imprisonment and/or fines for using "bots," maintaining interest in or control of "bots" and selling tickets knowingly obtained with "bots" in certain circumstances. The criminal penalty of a class A misdemeanor, 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 state.   EFFECTIVE DATE: This act shall take effect on the ninetieth day after it shall have become a law.
Go to top

A10713 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10713
 
                   IN ASSEMBLY
 
                                      June 13, 2016
                                       ___________
 
        Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Crespo) --
          read once and referred to the Committee on Codes
 
        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:

     1    Section 1. Section 25.24 of the arts  and  cultural  affairs  law,  as
     2  added by chapter 151 of the laws of 2010, is amended to read as follows:
     3    §  25.24.  [Automated  ticket] Ticket purchasing software. 1. The term
     4  "[automated]  ticket  purchasing  software"  shall  mean,  any  machine,
     5  device,  computer  program  or computer software that [navigates or runs
     6  automated tasks  on  retail  ticket  purchasing  websites  in  order  to
     7  bypass], on its own or with human assistance, bypasses security measures
     8  [to  purchase  tickets]  or  access  control  systems on a retail ticket
     9  purchasing platform, or other controls or measures on  a  retail  ticket
    10  purchasing platform that assist in implementing a limit on the number of
    11  tickets  that  can  be  purchased, to purchase tickets.  For purposes of
    12  this section, the term "retail ticket purchasing platform" shall mean  a
    13  retail  ticket  purchasing  website, application, phone system, or other
    14  technology platform used to sell tickets.
    15    2. (a) It shall be unlawful for any person, firm, corporation or other
    16  entity to utilize [automated] ticket  purchasing  software  to  purchase
    17  tickets.
    18    (b)  It  shall  be unlawful for any person, firm, corporation or other
    19  entity to knowingly resell or offer to resell a ticket that such person,
    20  firm, corporation or  other  entity  knows  was  obtained  using  ticket
    21  purchasing software and was not obtained for their own use or the use of
    22  their invitees, employees, or agents.
    23    3.  (a)  Any  person,  firm, corporation or other entity who knowingly
    24  utilizes [automated] ticket purchasing  software  in  order  [to  bypass
    25  security  measures]  to  purchase  tickets  shall  be subject to a civil
    26  penalty in an amount of no less than five hundred dollars  and  no  more
    27  than  [one  thousand dollars] one thousand five hundred dollars for each
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14490-18-6

        A. 10713                            2
 
     1  such violation and shall forfeit all profits made from the sale  of  any
     2  such unlawfully obtained tickets.
     3    4.  Any  person,  firm,  corporation or other entity who intentionally
     4  maintains any interest in or maintains any control of the  operation  of
     5  [automated]  ticket purchasing software to [bypass security measures to]
     6  purchase tickets shall be subject to a civil penalty in an amount of  no
     7  less than seven hundred fifty dollars and no more than one thousand five
     8  hundred  dollars  for  each such violation and shall forfeit all profits
     9  made from the sale of any such unlawfully obtained tickets.
    10    5.   Any person, firm,  corporation  or  other  entity  who  knowingly
    11  resells or offers to resell a ticket that such person, firm, corporation
    12  or  other entity knows was obtained using ticket purchasing software and
    13  was not obtained for their own use or the use of their invitees, employ-
    14  ees, or agents shall be subject to a civil penalty in an  amount  of  no
    15  less  than  five  hundred  dollars  and  no  more than one thousand five
    16  hundred dollars for each such violation and shall  forfeit  all  profits
    17  made from the sale of any such unlawfully obtained ticket.
    18    6. Any person who is subject to a civil penalty under this section and
    19  has  been  assessed  a penalty under this section in the previous [five]
    20  three years shall be guilty of a violation and may be fined no less than
    21  one thousand dollars and no more than five  thousand  dollars  for  each
    22  such  violation  and shall forfeit all profits from the sale of any such
    23  unlawfully obtained tickets.  In  addition,  a  person  convicted  of  a
    24  violation  under  this  section  may  be required to forfeit any and all
    25  equipment used in the unlawful purchasing of tickets.
    26    [6.] 7. The attorney general shall have jurisdiction  to  enforce  the
    27  provisions  of this section in accordance with the powers granted to him
    28  or her by section sixty-three of the executive law.
    29    [7.] 8. In addition to the power given  to  the  attorney  general  to
    30  enforce  the  provisions of this section, any place of entertainment, as
    31  defined by section 23.03 of this chapter, or any  aggrieved  party  that
    32  has  been  injured  by  wrongful  conduct prescribed by this section may
    33  bring an action to recover all actual damages suffered as  a  result  of
    34  any  of  such  wrongful  conduct.  The court in its discretion may award
    35  damages up to three times the amount of actual damages.  The  court  may
    36  enjoin  the  respondent  from any and all activity prohibited under this
    37  section. The court may also award reasonable attorney's fees and costs.
    38    9. Any person, firm, corporation or other entity who for  the  purpose
    39  of selling or offering to sell tickets in order to derive a profit ther-
    40  efrom  (i) intentionally utilizes ticket purchasing software to purchase
    41  such tickets, (ii) intentionally maintains any interest in or  maintains
    42  any control of the operation of ticket purchasing software which is used
    43  to purchase such tickets, or (iii) knowingly resells or offers to resell
    44  a  ticket  that such person, firm, corporation or other entity knows was
    45  obtained using ticket purchasing software and was not obtained for their
    46  own use or the use of their invitees, employees,  or  agents,  shall  be
    47  guilty of a class A misdemeanor.
    48    §  2.  This  act shall take effect on the ninetieth day after it shall
    49  have become a law.
Go to top