NY State Senate Bill 2015-S8123

Archive: Last Bill Status Via A10713 - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Nov 28, 2016	signed chap.472
Nov 16, 2016	delivered to governor
Jun 17, 2016	returned to assembly passed senate 3rd reading cal.1983 substituted for s8123
Jun 17, 2016	substituted by a10713 ordered to third reading cal.1983
Jun 13, 2016	referred to rules

Votes

- Jun 17, 2016 - Floor Vote
  A10713
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 17, 2016
      
      aye (62)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Panepinto
      
      Parker
      
      Peralta
      
      Perkins
      
      Persaud
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
      
      excused (1)
      
      Diaz
  Jun 17, 2016 - Rules Committee Vote
  S8123
  
  24
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 17, 2016
      
      aye (24)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Gianaris
      
      Hannon
      
      Hassell-Thompson
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Montgomery
      
      Nozzolio
      
      Parker
      
      Perkins
      
      Robach
      
      Seward
      
      Stewart-Cousins
      
      Valesky
      
      aye wr (1)
      
      Krueger

2015-S8123 (ACTIVE) - Details

See Assembly Version of this Bill:: A10713
Law Section:: Arts and Cultural Affairs Law
Laws Affected:: Amd §25.24, Arts & Cul L

2015-S8123 (ACTIVE) - Summary

Relates to automated ticket purchasing software.

2015-S8123 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S8123         REVISED MEMO 06/15/2016

 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 establish 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 guilty 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 invitees, 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
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 "bats" 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 tickets.

Arts and Cultural Affairs Law section 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. This bill
would create criminal penalties in the form or 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 and associated criminal fines, can
help deter those who use or control "bots" or resell tickets procured
with "hots" 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.

2015-S8123 (ACTIVE) - Bill Text download pdf

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

                                  8123

                            I N  S E N A T E

                              June 13, 2016
                               ___________

Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

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. 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 ASSIST IN IMPLEMENTING A LIMIT ON THE NUMBER OF
TICKETS  THAT  CAN  BE  PURCHASED, TO PURCHASE TICKETS.  FOR PURPOSES OF
THIS SECTION, THE TERM "RETAIL TICKET PURCHASING PLATFORM" SHALL MEAN  A
RETAIL  TICKET  PURCHASING  WEBSITE, APPLICATION, 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 KNOWINGLY RESELL OR OFFER TO RESELL A TICKET THAT SUCH PERSON,
FIRM, CORPORATION OR  OTHER  ENTITY  KNOWS  WAS  OBTAINED  USING  TICKET
PURCHASING SOFTWARE AND WAS NOT OBTAINED FOR THEIR OWN USE OR THE USE OF
THEIR INVITEES, EMPLOYEES, OR AGENTS.
  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  and  no  more
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

S. 8123                             2

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  KNOWINGLY
RESELLS OR OFFERS TO RESELL A TICKET THAT SUCH PERSON, FIRM, CORPORATION
OR  OTHER ENTITY KNOWS WAS OBTAINED USING TICKET PURCHASING SOFTWARE AND
WAS NOT OBTAINED FOR THEIR OWN USE OR THE USE OF THEIR INVITEES, EMPLOY-
EES, OR AGENTS SHALL BE SUBJECT TO A CIVIL PENALTY IN AN  AMOUNT  OF  NO
LESS  THAN  FIVE  HUNDRED  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
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.
  9. ANY PERSON, FIRM, CORPORATION OR OTHER ENTITY WHO FOR  THE  PURPOSE
OF SELLING OR OFFERING TO SELL TICKETS IN ORDER TO DERIVE A PROFIT THER-
EFROM  (I) INTENTIONALLY UTILIZES TICKET PURCHASING SOFTWARE TO PURCHASE
SUCH TICKETS, (II) INTENTIONALLY MAINTAINS ANY INTEREST IN OR  MAINTAINS
ANY CONTROL OF THE OPERATION OF TICKET PURCHASING SOFTWARE WHICH IS USED
TO PURCHASE SUCH TICKETS, OR (III) KNOWINGLY RESELLS OR OFFERS TO RESELL
A  TICKET  THAT SUCH PERSON, FIRM, CORPORATION OR OTHER ENTITY KNOWS WAS
OBTAINED USING TICKET PURCHASING SOFTWARE AND WAS NOT OBTAINED FOR THEIR
OWN USE OR THE USE OF THEIR INVITEES, EMPLOYEES,  OR  AGENTS,  SHALL  BE
GUILTY OF A CLASS A MISDEMEANOR.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.

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Senate Bill S8123

Sponsored By

Archive: Last Bill Status Via A10713 - Signed by Governor

Jun 17, 2016 - Floor Vote

Floor Vote: Jun 17, 2016

Jun 17, 2016 - Rules Committee Vote

Rules Committee Vote: Jun 17, 2016

2015-S8123 (ACTIVE) - Details

2015-S8123 (ACTIVE) - Summary

2015-S8123 (ACTIVE) - Sponsor Memo

2015-S8123 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8123

Share this bill

Sponsored By

Andrew J. Lanza

Archive: Last Bill Status Via A10713 - Signed by Governor

2015-S8123 (ACTIVE) - Details

2015-S8123 (ACTIVE) - Summary

2015-S8123 (ACTIVE) - Sponsor Memo

2015-S8123 (ACTIVE) - Bill Text download pdf

Comments