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Who cares
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Sponsors
No co-sponsors yet.
History
- Recommitted to rules
- Ordered to third reading cal.1926
- Referred to rules
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Relates to automated ticket purchasing software
In Assembly Committee · Tourism, Parks, Arts And Sports Development · Sponsor Marcos Crespo
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
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. This bill will create a two-tiered criminal penalty structure for violation of subdivi- sion 9 of section 25.24 for violations involving two hundred and fifty or more tickets an E felony shall be the penalty, and a violation involving less than two hundred and fifty tickets will constitute a class A misdemeanor.
Read the full memo (753 words)
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 "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 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 "bots" and allow for a more equitable ticket buying process.
This bill will create a two-tiered criminal penalty structure for violation of subdivision 9 of section 25.24 for violations involving two hundred and fifty or more tickets an E felony shall be the penalty, and a violation involving less than two hundred and fifty tickets will constitute a class A misdemeanor.
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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.