HB5589ham001 103RD GENERAL ASSEMBLY

Rep. Hoan Huynh

Filed: 4/2/2024

10300HB5589ham001 LRB103 38860 SPS 71578 a

AMENDMENT TO HOUSE BILL 5589

AMENDMENT NO. ______. Amend House Bill 5589 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Prohibition on Automated Online Ticket Purchasing Act.

Section 5. Definitions. As used in this Act:

"Bot" means any automated software program that performs automatic and repetitive tasks and is designed to impersonate or replicate human activity online. "Bot" does not include auto fill or password management features built into an Internet browser or provided through separate software.

"Event" means a concert, theatrical performance, sporting event, exhibition, show, or similar scheduled activity that:

(1) is open to the public;

(2) is held in a public or private venue; and

(3) requires payment of an admission fee to attend the activity.

"Ticket" means a physical or electronic certificate, voucher, document, token, or other evidence of a right for admission to enter a place of entertainment for one or more events at one or more specified dates and times.

Section 10. Prohibition on automated online ticket purchasing.

(a) A person may not use or create a bot to:

(1) purchase tickets in excess of posted limits for an online ticket sale;

(2) use multiple Internet protocol addresses, multiple purchaser accounts, or multiple e-mail addresses to purchase tickets in excess of posted limits for an online ticket sale;

(3) circumvent or disable an electronic queue, waiting period, presale code, or other sales volume limitation system associated with an online ticket sale; or

(4) circumvent or disable a security measure, access control system, or other control or measure that is used to facilitate authorized entry to an event.

(b) An owner or operator of a place of entertainment that sells tickets to events, and any agent who conducts or facilitates those sales, shall:

(1) report to the Attorney General any incidents that violate subsection (a), of which the owner, operator, or agent has actual knowledge; and

(2) report any incidents described in paragraph (1) within a reasonable period of time after the incident is discovered by the owner, operator, or agent, and in no case later than 30 days after the incident is discovered.

Section 15. Enforcement by Attorney General.

(a) The Attorney General may investigate a claim that a person violated this Act.

(b) If the Attorney General concludes that a person is violating this Act, the Attorney General may bring an action in the name of the People of the State to restrain or enjoin the person from violating this Act.

(c) In addition to bringing an action for injunctive relief under this Act, the Attorney General may seek restitution and petition a circuit court for the assessment of a civil penalty as provided by this Section.

(d) A person who knowingly violates Section 10 is liable for a civil penalty of not more than $10,000 for each violation.

(e) Every ticket transaction in which a ticket is acquired to be sold in violation of Section 10 constitutes a separate violation for purposes of assessing a civil penalty.

(f) The civil penalty for a violation of a court order or injunction issued to enforce this Act may not exceed $100,000.

(g) The Attorney General may recover all reasonable costs of bringing an action under this Section, including court costs, reasonable attorneys' fees, and investigation costs.".