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S03821 Summary:

S03821 Actions:

S03821 Floor Votes:

S03821 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         3821--B
            Cal. No. 265
 
                               2009-2010 Regular Sessions
 
                    IN SENATE
 
                                      April 2, 2009
                                       ___________
 
        Introduced  by  Sen.  C. JOHNSON  -- read twice and ordered printed, and
          when printed to be committed to the Committee  on  Investigations  and
          Government  Operations  --  reported  favorably  from  said committee,
          ordered to first and second report, ordered to a third reading, passed

          by Senate and delivered to the Assembly, recalled, vote  reconsidered,
          restored  to  third  reading, amended and ordered reprinted, retaining
          its place in the order of third reading -- again 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
          prohibiting the agents  of  an  operator  from  reselling  tickets  to
          secondary  ticket resellers; to amend chapter 704 of the laws of 1991,
          amending the arts and cultural affairs law and chapter 912 of the laws
          of 1920 relating to the regulation of boxing and wrestling relating to
          tickets to places of entertainment, in relation to extending the expi-
          ration of the provisions thereof; and directing the secretary of state
          to review and report upon the effectiveness of the regulation  of  the

          sale of tickets to places of entertainment
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1.  Subdivision 2 of section 25.13 of the  arts  and  cultural
     2  affairs law is renumbered subdivision 4 and two new subdivisions 2 and 3
     3  are added to read as follows:
     4    2.  No  operator's agent shall sell or convey tickets to any secondary
     5  ticket reseller owned or controlled by the operator's agent.
     6    3. The operator or the promoter shall determine  whether  a  seat  for
     7  which  a  ticket  is for sale has an obstructed view, and shall disclose
     8  such obstruction. Every sale or resale of such ticket  shall  include  a
     9  disclosure of such obstructed view.

    10    §  2.  Section 4 of chapter 704 of the laws of 1991, amending the arts
    11  and cultural affairs law and chapter 912 of the laws of 1920 relating to
    12  the regulation of boxing and wrestling relating to tickets to places  of
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10863-05-9
        S. 3821--B                          2
 
     1  entertainment, as amended by chapter 374 of the laws of 2007, is amended
     2  to read as follows:
     3    §  4.  This  act  shall take effect on the sixtieth day after it shall
     4  have become a law, provided, chapter 61 of the laws of  2007  shall  not
     5  take  effect  with  respect  to the issuance of licenses or certificates

     6  under this article by the secretary of  state  or  department  of  state
     7  until  January  1, 2008 and regulation under this article by the commis-
     8  sioners of licenses of the political subdivisions  of  the  state  shall
     9  continue  through  December 31, 2007, and shall remain in full force and
    10  effect only until and including [June 1, 2009] May 15,  2010  when  such
    11  act  shall  be repealed and when, notwithstanding any other provision of
    12  law, the provisions of article 25 of title G of the  arts  and  cultural
    13  affairs  law,  repealed  by  such  act, shall be reinstituted. Provided,
    14  however, the printing on tickets required pursuant to sections 25.07 and
    15  25.08 of article 25 of the arts and cultural affairs law,  as  added  by
    16  this  act, shall not apply to tickets printed prior to enactment of such
    17  article so long as notice of the higher maximum premium price and prohi-

    18  bition of sales within one thousand five hundred feet from the  physical
    19  structure of the place of entertainment, where applicable, is prominent-
    20  ly displayed at the point of sale and at such place of entertainment.
    21    § 3. On or before February 1, 2010, the secretary of state shall cause
    22  a  review  of  the  effectiveness of the provisions of article 25 of the
    23  arts and cultural affairs law to  be  performed.  The  review  shall  be
    24  presented  in the form of a report. A copy of the report shall be deliv-
    25  ered to the governor, the temporary president of the senate, the speaker
    26  of the assembly, the minority leader of  the  senate  and  the  minority
    27  leader  of  the  assembly.  Such report shall address, at a minimum, the
    28  following: the public policy benefit that is furthered by disclosing the
    29  number of tickets available for sale  to  the  general  public  and  the

    30  number  of  tickets  withheld  from  the general public for a particular
    31  event; the harm to the public that results from the practice  of  ticket
    32  speculation,  if  any, by persons that have access to tickets before the
    33  time of initial sale to the general public  or  at  any  other  time;  a
    34  comparison  of  the  availability  and cost of tickets in the state with
    35  that of other states where price caps in the  secondary  market  are  in
    36  effect;  the  need  for  better enforcement of existing penalties or the
    37  need for greater penalties for violations of this section; the impact of
    38  the use of computer programs  and  auto-dialing  phone  systems  on  the
    39  general  availability  of  tickets  and  the impact of such programs and
    40  systems on the ability to purchase blocks of tickets; the feasibility of
    41  effective enforcement of ticket selling and re-selling by  in-state  and

    42  out-of-state  ticket  sellers and re-sellers; the public benefit and the
    43  public cost of an unregulated secondary market; the public  benefit  and
    44  usefulness of publishing the average price of tickets for an event after
    45  the event takes place; and the economic impact of the current law on the
    46  state.
    47    §  4.  This act shall take effect immediately; provided, however, that
    48  if this act shall not have become a  law  on  or  before  June  1,  2009
    49  section  two  of this act shall be deemed to have been in full force and
    50  effect on and after June 1, 2009; provided, further, that the amendments
    51  to article 25 of the arts and cultural affairs law, made by section  one
    52  of this act, shall not affect the expiration and repeal of such article,
    53  and shall expire and be deemed repealed therewith.