Bill Text: NY A03723 | 2009-2010 | General Assembly | Amended

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Bill Title: Establishes any person who utilizes an automated ticket purchasing device to navigate through ticket websites and bypass security measures, who supervises the operation of an automated ticket purchasing machine or who receives monetary gains from the operation of such machine shall be guilty of a class A misdemeanor; establishes any person who possesses automated ticket purchasing software shall be guilty of a class A misdemeanor.

Spectrum: Partisan Bill (Democrat 22-1)

Status: (Introduced - Dead) 2010-01-06 - referred to tourism, arts and sports development [A03723 Detail]

Download: New_York-2009-A03723-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        3723--B
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 28, 2009
                                      ___________
       Introduced  by M. of A. ZEBROWSKI, DINOWITZ, CYMBROWITZ, FIELDS, REILLY,
         JAFFEE, DenDEKKER, SPANO, GUNTHER -- Multi-Sponsored by --  M.  of  A.
         BRENNAN,  GABRYSZAK,  GLICK,  KOON, MAYERSOHN, MENG, PEOPLES, PHEFFER,
         RUSSELL, SCARBOROUGH, SWEENEY, TITONE, WEINSTEIN, WEISENBERG  --  read
         once  and referred to the Committee on Tourism, Arts and Sports Devel-
         opment -- committee discharged, bill  amended,  ordered  reprinted  as
         amended  and recommitted to said committee -- again reported from said
         committee with amendments, ordered reprinted as amended and  recommit-
         ted 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:
    1    Section  1.  The  arts and cultural affairs law is amended by adding a
    2  new section 23.25 to read as follows:
    3    S 23.25.  AUTOMATED TICKET PURCHASING SOFTWARE. 1. THE TERM "AUTOMATED
    4  TICKET PURCHASING SOFTWARE" SHALL MEAN, ANY  MACHINE,  DEVICE,  COMPUTER
    5  PROGRAM  OR  COMPUTER SOFTWARE THAT NAVIGATES OR RUNS AUTOMATED TASKS ON
    6  RETAIL TICKET PURCHASING WEBSITES IN ORDER TO BYPASS  SECURITY  MEASURES
    7  AND  PURCHASE LARGE AMOUNTS OF TICKETS, IN EXCESS OF THE AMOUNTS PERMIT-
    8  TED BY THE RETAILER, ARTIST  OR  VENUES  PER  TRANSACTION,  FOR  PRIVATE
    9  RESALE.
   10    2.  ANY  PERSON  WHO  UTILIZES AUTOMATED TICKET PURCHASING SOFTWARE TO
   11  PURCHASE TICKETS SHALL BE GUILTY OF A VIOLATION.
   12    3. ANY  PERSON  WHO  SUPERVISES  THE  OPERATION  OF  AUTOMATED  TICKET
   13  PURCHASING  SOFTWARE OR WHO RECEIVES ANY MONETARY GAINS FROM SUCH OPERA-
   14  TION SHALL BE GUILTY OF A VIOLATION.
   15    4. ANY PERSON WHO POSSESSES AUTOMATED TICKET PURCHASING SOFTWARE SHALL
   16  BE GUILTY OF A VIOLATION.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07216-11-9
       A. 3723--B                          2
    1    5. ANY PERSON WHO KNOWINGLY SELLS  AND/OR  EXCHANGES  IN  ANY  MANNER,
    2  TICKETS  THAT  WERE  PURCHASED WITH AUTOMATED TICKET PURCHASING SOFTWARE
    3  WITHIN THE STATE OF NEW YORK SHALL BE GUILTY OF A VIOLATION.
    4    6.  A  CONVICTION FOR EACH VIOLATION OF THE PROVISIONS OF THIS SECTION
    5  SHALL BE PUNISHABLE BY A FINE NOT TO EXCEED ONE THOUSAND DOLLARS.
    6    7. THE  ATTORNEY  GENERAL  SHALL  HAVE  JURISDICTION  TO  ENFORCE  THE
    7  PROVISIONS  OF THIS SECTION IN ACCORDANCE WITH THE POWERS GRANTED TO HIM
    8  OR HER BY SECTION SIXTY-THREE OF THE EXECUTIVE LAW.
    9    S 2. This act shall take effect on the ninetieth day  after  it  shall
   10  have become a law.