Full Text of HB5459 94th General Assembly
HB5459ham001 94TH GENERAL ASSEMBLY
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Rep. Angelo Saviano
Filed: 3/1/2006
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09400HB5459ham001 |
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LRB094 15162 RLC 56817 a |
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| AMENDMENT TO HOUSE BILL 5459
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| AMENDMENT NO. ______. Amend House Bill 5459 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Ticket Sale and Resale Act is amended by | 5 |
| changing Section 1.5 as follows:
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| (720 ILCS 375/1.5) (from Ch. 121 1/2, par. 157.32)
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| Sec. 1.5. Sale of tickets at more than face value | 8 |
| prohibited; exceptions.
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| (a) Except as otherwise provided in subsections (b), (c), | 10 |
| (d), and (e) of this Section and in Section 4, it is unlawful | 11 |
| for any person,
persons, firm or corporation to sell tickets | 12 |
| for baseball games, football
games, hockey games, theatre | 13 |
| entertainments, or any other amusement for a
price more than | 14 |
| the price printed upon the face of said ticket, and the
price | 15 |
| of said ticket shall correspond with the same price shown at | 16 |
| the box
office or the office of original distribution.
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| (b) This Act does not apply to the resale of tickets of | 18 |
| admission to a
sporting event, theater, musical performance, or | 19 |
| place of public
entertainment or amusement of any kind for a | 20 |
| price in excess of the printed
box office ticket price by a | 21 |
| ticket broker who meets all of the following
requirements:
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| (1) The ticket broker is duly registered with the | 23 |
| Office of the
Secretary of State on a registration form | 24 |
| provided by that Office. The
registration must contain a |
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LRB094 15162 RLC 56817 a |
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| certification that the ticket broker:
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| (A) engages in the resale of tickets on a regular
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| and ongoing basis from one or more permanent or fixed | 4 |
| locations located
within
this State;
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| (B) maintains as the principal business activity | 6 |
| at those locations
the resale of tickets;
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| (C) displays at those locations the ticket | 8 |
| broker's registration;
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| (D) maintains at those locations a listing of the | 10 |
| names and addresses of
all persons employed by the | 11 |
| ticket broker;
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| (E) is in compliance with all applicable federal, | 13 |
| State, and local laws
relating to its ticket selling | 14 |
| activities, and that neither the ticket broker
nor any | 15 |
| of its employees within the preceding 12 months have | 16 |
| been convicted of
a violation of this Act; and
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| (F) meets the following requirements:
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| (i) the ticket broker maintains a toll free | 19 |
| number specifically dedicated for Illinois | 20 |
| consumer complaints and
inquiries concerning | 21 |
| ticket sales;
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| (ii) the ticket broker has adopted a code that | 23 |
| advocates consumer protection that
includes, at a | 24 |
| minimum:
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| (a-1) consumer protection guidelines;
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| (b-1) a standard refund policy. In the | 27 |
| event a refund is due, the ticket broker shall | 28 |
| provide that refund without charge other than | 29 |
| for reasonable delivery fees for the return of | 30 |
| the tickets; and
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| (c-1) standards of professional conduct;
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| (iii) the ticket broker has adopted a | 33 |
| procedure for the binding resolution of consumer
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| complaints by an independent, disinterested third |
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LRB094 15162 RLC 56817 a |
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| party and thereby submits to the jurisdiction of | 2 |
| the State of Illinois; and
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| (iv) the ticket broker has established and | 4 |
| maintains a consumer protection rebate fund
in | 5 |
| Illinois in an amount in excess of $100,000, which | 6 |
| must be cash
available for immediate disbursement | 7 |
| for satisfaction of valid consumer
complaints.
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| Alternatively, the ticket broker may fulfill the | 9 |
| requirements of
subparagraph (F) of this paragraph (1) if | 10 |
| the ticket broker certifies that he
or she belongs to a | 11 |
| professional association
organized under the laws of this | 12 |
| State, or organized under the laws of
any
other state and | 13 |
| authorized to conduct business in Illinois, that has been | 14 |
| in
existence for at least 3 years prior to the date of that | 15 |
| broker's registration
with the Office of the Secretary of | 16 |
| State, and is specifically
dedicated, for and on behalf of | 17 |
| its members, to provide and
maintain the consumer | 18 |
| protection requirements of subparagraph (F) of this | 19 |
| paragraph (1) to maintain the integrity of the ticket | 20 |
| brokerage industry.
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| (2) (Blank).
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| (3) The ticket broker and his employees must not engage | 23 |
| in the
practice of selling, or attempting to sell, tickets | 24 |
| for any event while
sitting or standing near the facility | 25 |
| at which the event is to be held or
is being held unless | 26 |
| the ticket broker or his or her employees are on property | 27 |
| they own, lease, or have permission to occupy.
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| (4) The ticket broker must comply with all requirements | 29 |
| of the
Retailers' Occupation Tax Act and collect and remit
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| all other applicable federal, State and
local taxes in | 31 |
| connection with the ticket broker's ticket selling | 32 |
| activities.
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| (5) Beginning January 1, 1996, no ticket broker shall | 34 |
| advertise for
resale any tickets within this State unless |
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| the advertisement contains the
name of the ticket broker | 2 |
| and the Illinois registration number issued by the
Office | 3 |
| of the Secretary of State under this Section.
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| (6) Each ticket broker registered under this Act shall | 5 |
| pay an annual
registration fee of $100. | 6 |
| (c) This Act does not apply to the sale of tickets of | 7 |
| admission to a sporting event, theater, musical performance, or | 8 |
| place of public entertainment or amusement of any kind for a | 9 |
| price in excess of the printed box office ticket price by a | 10 |
| reseller engaged in interstate or intrastate commerce on an | 11 |
| Internet auction listing service duly registered with the | 12 |
| Department of Financial and Professional Regulation under the | 13 |
| Auction License Act and with the Office of the Secretary of | 14 |
| State on a registration form provided by that Office. This | 15 |
| subsection (c) applies to both sales through an online bid | 16 |
| submission process and sales at a fixed price on the same | 17 |
| website or interactive computer service as an Internet auction | 18 |
| listing service registered with the Department of Financial and | 19 |
| Professional Regulation. | 20 |
| This subsection (c) applies to resales described in this | 21 |
| subsection only if the operator of the Internet auction listing | 22 |
| service meets the following requirements: | 23 |
| (1) the operator maintains a listing of the names and | 24 |
| addresses of its corporate officers; | 25 |
| (2) the operator is in compliance with all applicable | 26 |
| federal, State, and local laws relating to ticket selling | 27 |
| activities, and the operator's officers and directors have | 28 |
| not been convicted of a violation of this Act within the | 29 |
| preceding 12 months;
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| (3) the operator maintains, either itself or through an | 31 |
| affiliate, a toll free number dedicated for consumer | 32 |
| complaints; | 33 |
| (4) the operator provides consumer protections that | 34 |
| include at a minimum: |
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LRB094 15162 RLC 56817 a |
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| (A) consumer protection guidelines; | 2 |
| (B) a standard refund policy that guarantees to all | 3 |
| purchasers that it will provide and in
fact provides a | 4 |
| full refund of the amount paid by the purchaser | 5 |
| (including, but not limited to, all fees, regardless of | 6 |
| how characterized) if the following occurs: | 7 |
| (i) the ticketed event is cancelled and the | 8 |
| purchaser returns the tickets to the seller or | 9 |
| Internet auction listing service; however, | 10 |
| reasonable delivery fees need not be refunded if | 11 |
| the previously disclosed guarantee specifies that | 12 |
| the fees will not be refunded if the event is | 13 |
| cancelled; | 14 |
| (ii) the ticket received by the purchaser does | 15 |
| not allow the purchaser to enter the ticketed event | 16 |
| for reasons that may include, without limitation, | 17 |
| that the ticket is counterfeit or that the ticket | 18 |
| has been cancelled by the issuer due to | 19 |
| non-payment, unless the ticket is cancelled due to | 20 |
| an act or omission by such purchaser; | 21 |
| (iii) the ticket fails to conform to its | 22 |
| description on the Internet auction listing | 23 |
| service; or | 24 |
| (iv) the ticket seller willfully fails to send | 25 |
| the ticket or tickets to the purchaser, or the | 26 |
| ticket seller attempted to deliver the ticket or | 27 |
| tickets to the purchaser in the manner required by | 28 |
| the Internet auction listing service and the | 29 |
| purchaser failed to receive the ticket or tickets; | 30 |
| and
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| (C) standards of professional conduct;
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| (5) the operator has adopted an independent and | 33 |
| disinterested dispute resolution procedure that allows | 34 |
| resellers or purchasers to file complaints against the |
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LRB094 15162 RLC 56817 a |
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| other and have those complaints mediated or resolved by a | 2 |
| third party, and requires the resellers or purchasers to | 3 |
| submit to the jurisdiction of the State of Illinois for | 4 |
| complaints involving a ticketed event held in Illinois; | 5 |
| (6) the operator either: | 6 |
| (A) complies with all applicable requirements of | 7 |
| the Retailers' Occupation Tax Act and collects and | 8 |
| remits all applicable federal, State, and local taxes; | 9 |
| or
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| (B) publishes a written notice on the website after | 11 |
| the sale of one or more tickets that automatically | 12 |
| informs the ticket reseller of the ticket reseller's | 13 |
| potential legal obligation to pay any applicable local | 14 |
| amusement tax in connection with the reseller's sale of | 15 |
| tickets, and discloses to law enforcement or other | 16 |
| government tax officials, without subpoena, the name, | 17 |
| city, state, telephone number, e-mail address, user ID | 18 |
| history, fraud complaints, and bidding and listing | 19 |
| history of any specifically identified reseller or | 20 |
| purchaser upon the receipt of a verified request from | 21 |
| law enforcement or other government tax officials | 22 |
| relating to a criminal investigation or alleged | 23 |
| illegal activity; and
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| (7) the operator either: | 25 |
| (A) has established and maintains a consumer | 26 |
| protection rebate fund in Illinois in an amount in | 27 |
| excess of $100,000, which must be cash available for | 28 |
| immediate disbursement for satisfaction of valid | 29 |
| consumer complaints; or | 30 |
| (B) has obtained and maintains in force an errors | 31 |
| and omissions insurance policy that provides at least | 32 |
| $100,000 in coverage and proof that the policy has been | 33 |
| filed with the Department of Financial and | 34 |
| Professional Regulation.
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LRB094 15162 RLC 56817 a |
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| (d) This Act does not apply to the resale of tickets of | 2 |
| admission to a sporting event, theater, musical performance, or | 3 |
| place of public entertainment or amusement of any kind for a | 4 |
| price in excess of the printed box office ticket price | 5 |
| conducted at an auction solely by or for a not-for-profit | 6 |
| organization for charitable purposes under clause (a)(1) of | 7 |
| Section 10-1 of the Auction License Act. | 8 |
| (e) This Act does not apply to the resale of a ticket for | 9 |
| admission to a baseball game, football game, hockey game, | 10 |
| theatre entertainment, or any other amusement for a price more | 11 |
| than the price printed on the face of the ticket and for more | 12 |
| than the price of the ticket at the box office if the resale is | 13 |
| made through an Internet website whose operator meets the | 14 |
| following requirements: | 15 |
| (1) the operator has a business presence and physical | 16 |
| street address in the State of Illinois and clearly and | 17 |
| conspicuously posts that address on the website; | 18 |
| (2) the operator maintains a listing of the names of | 19 |
| the operator's directors and officers, and is duly | 20 |
| registered with the Office of the Secretary of State on a | 21 |
| registration form provided by that Office;
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| (3) the operator is in compliance with all applicable | 23 |
| federal, State, and local laws relating to its ticket | 24 |
| reselling activities regulated under this Act, and the | 25 |
| operator's officers and directors have not been convicted | 26 |
| of a violation of this Act within the preceding 12 months;
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| (4) the operator maintains a toll free number | 28 |
| specifically dedicated for consumer complaints and | 29 |
| inquiries regarding ticket resales made through the | 30 |
| website; | 31 |
| (5) the operator either: | 32 |
| (A) has established and maintains a consumer | 33 |
| protection rebate fund in Illinois in an amount in | 34 |
| excess of $100,000, which must be cash available for |
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LRB094 15162 RLC 56817 a |
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| immediate disbursement for satisfaction of valid | 2 |
| consumer complaints; or | 3 |
| (B) has obtained and maintains in force an errors | 4 |
| and omissions policy of insurance in the minimum amount | 5 |
| of $100,000 for the satisfaction of valid consumer | 6 |
| complaints; | 7 |
| (6) the operator has adopted an independent and | 8 |
| disinterested dispute resolution procedure that allows | 9 |
| resellers or purchasers to file complaints against the | 10 |
| other and have those complaints mediated or resolved by a | 11 |
| third party, and requires the resellers or purchasers to | 12 |
| submit to the jurisdiction of the State of Illinois for | 13 |
| complaints involving a ticketed event held in Illinois; | 14 |
| (7) the operator either: | 15 |
| (A) complies with all applicable requirements of | 16 |
| the Retailers' Occupation Tax Act and collects and | 17 |
| remits all applicable federal, State, and local taxes; | 18 |
| or | 19 |
| (B) publishes a written notice on the website after | 20 |
| the sale of one or more tickets that automatically | 21 |
| informs the ticket reseller of the ticket reseller's | 22 |
| potential legal obligation to pay any applicable local | 23 |
| amusement tax in connection with the reseller's sale of | 24 |
| tickets, and discloses to law enforcement or other | 25 |
| government tax officials, without subpoena, the name, | 26 |
| city, state, telephone number, e-mail address, user ID | 27 |
| history, fraud complaints, and bidding and listing | 28 |
| history of any specifically identified reseller or | 29 |
| purchaser upon the receipt of a verified request from | 30 |
| law enforcement or other government tax officials | 31 |
| relating to a criminal investigation or alleged | 32 |
| illegal activity; and
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| (8) the operator guarantees to all purchasers that it | 34 |
| will provide and in fact provides a full refund of the |
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LRB094 15162 RLC 56817 a |
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| amount paid by the purchaser (including, but not limited | 2 |
| to, all fees, regardless of how characterized) if any of | 3 |
| the following occurs: | 4 |
| (A) the ticketed event is cancelled and the | 5 |
| purchaser returns the tickets to the website operator; | 6 |
| however, reasonable delivery fees need not be refunded | 7 |
| if the previously disclosed guarantee specifies that | 8 |
| the fees will not be refunded if the event is | 9 |
| cancelled; | 10 |
| (B) the ticket received by the purchaser does not | 11 |
| allow the purchaser to enter the ticketed event for | 12 |
| reasons that may include, without limitation, that the | 13 |
| ticket is counterfeit or that the ticket has been | 14 |
| cancelled by the issuer due to non-payment, unless the | 15 |
| ticket is cancelled due to an act or omission by the | 16 |
| purchaser; | 17 |
| (C) the ticket fails to conform to its description | 18 |
| on the website; or | 19 |
| (D) the ticket seller willfully fails to send the | 20 |
| ticket or tickets to the purchaser, or the ticket | 21 |
| seller attempted to deliver the ticket or tickets to | 22 |
| the purchaser in the manner required by the website | 23 |
| operator and the purchaser failed to receive the ticket | 24 |
| or tickets.
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| Nothing in this subsection (e) shall be deemed to imply any | 26 |
| limitation on ticket sales made in accordance with subsections | 27 |
| (b), (c), and (d) of this Section or any limitation on sales | 28 |
| made in accordance with Section 4.
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| (f) The provisions of subsections (b), (c), (d), and (e) of
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| this Section apply only to the resale of a ticket after the | 31 |
| initial sale of that ticket.
No reseller of a ticket may refuse | 32 |
| to sell tickets to another ticket reseller solely on the basis | 33 |
| that the purchaser is a ticket reseller or ticket broker | 34 |
| authorized to resell tickets pursuant to this Act.
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| (g) The provisions of Public Act 89-406 are severable under | 2 |
| Section
1.31 of the Statute on Statutes. | 3 |
| (h) The provisions of this amendatory Act of the 94th | 4 |
| General Assembly are severable under Section
1.31 of the | 5 |
| Statute on Statutes.
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| (Source: P.A. 94-20, eff. 6-14-05.)".
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| Section 99. Effective date. This Act takes effect upon | 8 |
| becoming law.".
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