| SENATE AMENDED |
| PRIOR PRINTER'S NOS. 517, 1274, 1535 | PRINTER'S NO. 3559 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY WHITE, BRENNAN, BROWN, D. COSTA, FABRIZIO, GIBBONS, HORNAMAN, KORTZ, LONGIETTI, MANN, McILVAINE SMITH, MELIO, PALLONE, PASHINSKI, SABATINA, SIPTROTH, K. SMITH, VULAKOVICH, WALKO AND CALTIGIRONE, FEBRUARY 18, 2009 |
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| AS AMENDED ON THIRD CONSIDERATION, IN SENATE, APRIL 19, 2010 |
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| AN ACT |
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1 | Amending the act of May 2, 1947 (P.L.143, No.62), entitled "An |
2 | act regulating the sale and resale for profit and the |
3 | carrying on of the business of selling or reselling tickets |
4 | or other devices for admission to places of amusement; |
5 | providing for the licensing of persons reselling such tickets |
6 | for profit; providing for the suspension and revocation of |
7 | such licenses; imposing duties on licensees and owners or |
8 | operators of places of amusement; imposing powers and duties |
9 | on the Department of Revenue, county treasurers, district |
10 | attorneys, and the receiver of taxes, and city solicitors in |
11 | cities of the first class; making disposition of moneys |
12 | collected and providing penalties," further providing for |
13 | definitions; prohibiting use of certain ticket purchasing |
14 | software; and prescribing a penalty. |
15 | The General Assembly of the Commonwealth of Pennsylvania |
16 | hereby enacts as follows: |
17 | Section 1. Section 1 of the act of May 2, 1947 (P.L.143, |
18 | No.62), entitled "An act regulating the sale and resale for |
19 | profit and the carrying on of the business of selling or |
20 | reselling tickets or other devices for admission to places of |
21 | amusement; providing for the licensing of persons reselling such |
22 | tickets for profit; providing for the suspension and revocation |
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1 | of such licenses; imposing duties on licensees and owners or |
2 | operators of places of amusement; imposing powers and duties on |
3 | the Department of Revenue, county treasurers, district |
4 | attorneys, and the receiver of taxes, and city solicitors in |
5 | cities of the first class; making disposition of moneys |
6 | collected and providing penalties," is amended by adding |
7 | definitions to read: |
8 | Section 1. Definitions.-- |
9 | The following words and phrases when used in this act shall |
10 | have the meanings ascribed to them in this section: |
11 | * * * |
12 | (12) "Ticket purchasing software." Computer software |
13 | primarily designed for the purpose of interfering with the |
14 | operations of a ticket seller by circumventing: |
15 | (i) a security measure of the ticket seller's Internet |
16 | website; |
17 | (ii) an access control system of the ticket seller's |
18 | Internet website; or |
19 | (iii) any function or operation of the ticket seller's |
20 | Internet website designed to ensure that the sale of tickets, |
21 | including, but not limited to, the number of tickets sold to a |
22 | single purchaser, occurs in an equitable manner for members of |
23 | the public. |
24 | (13) "Ticket seller." A person who has executed a written |
25 | agreement with an owner to sell, over the Internet, tickets to |
26 | an amusement. |
27 | Section 2. The act is amended by adding a section to read: |
28 | Section 12.1. Unlawful Ticket Purchasing Software.--(a) It |
29 | is unlawful for a person to knowingly use ticket purchasing |
30 | software and acquire tickets from a ticket seller, if the |
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1 | tickets would not have been acquired by the person but for the |
2 | use of the ticket purchasing software. |
3 | (b) A person who violates this section commits a misdemeanor |
4 | and shall, upon conviction, be sentenced to a fine of five |
5 | thousand dollars ($5,000). Each For purposes of assessing the | <-- |
6 | fine, each ticket acquired through the use of ticket purchasing |
7 | software in violation of this section constitutes a separate |
8 | offense incident. | <-- |
9 | (c) The court, in imposing a sentence, shall order |
10 | restitution pursuant to 18 Pa.C.S. § 1106 (relating to |
11 | restitution for injuries to person or property). |
12 | Section 3. This act shall take effect immediately. |
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