Full Text of HB5589 103rd General Assembly
HB5589ham001 103RD GENERAL ASSEMBLY | Rep. Hoan Huynh Filed: 4/2/2024 | | 10300HB5589ham001 | | LRB103 38860 SPS 71578 a |
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| 1 | | AMENDMENT TO HOUSE BILL 5589
| 2 | | AMENDMENT NO. ______. Amend House Bill 5589 by replacing | 3 | | everything after the enacting clause with the following: | 4 | | "Section 1. Short title. This Act may be cited as the | 5 | | Prohibition on Automated Online Ticket Purchasing Act. | 6 | | Section 5. Definitions. As used in this Act: | 7 | | "Bot" means any automated software program that performs | 8 | | automatic and repetitive tasks and is designed to impersonate | 9 | | or replicate human activity online. "Bot" does not include | 10 | | auto fill or password management features built into an | 11 | | Internet browser or provided through separate software. | 12 | | "Event" means a concert, theatrical performance, sporting | 13 | | event, exhibition, show, or similar scheduled activity that: | 14 | | (1) is open to the public; | 15 | | (2) is held in a public or private venue; and | 16 | | (3) requires payment of an admission fee to attend the |
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| 1 | | activity. | 2 | | "Ticket" means a physical or electronic certificate, | 3 | | voucher, document, token, or other evidence of a right for | 4 | | admission to enter a place of entertainment for one or more | 5 | | events at one or more specified dates and times. | 6 | | Section 10. Prohibition on automated online ticket | 7 | | purchasing. | 8 | | (a) A person may not use or create a bot to: | 9 | | (1) purchase tickets in excess of posted limits for an | 10 | | online ticket sale; | 11 | | (2) use multiple Internet protocol addresses, multiple | 12 | | purchaser accounts, or multiple e-mail addresses to | 13 | | purchase tickets in excess of posted limits for an online | 14 | | ticket sale; | 15 | | (3) circumvent or disable an electronic queue, waiting | 16 | | period, presale code, or other sales volume limitation | 17 | | system associated with an online ticket sale; or | 18 | | (4) circumvent or disable a security measure, access | 19 | | control system, or other control or measure that is used | 20 | | to facilitate authorized entry to an event. | 21 | | (b) An owner or operator of a place of entertainment that | 22 | | sells tickets to events, and any agent who conducts or | 23 | | facilitates those sales, shall: | 24 | | (1) report to the Attorney General any incidents that | 25 | | violate subsection (a), of which the owner, operator, or |
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| 1 | | agent has actual knowledge; and | 2 | | (2) report any incidents described in paragraph (1) | 3 | | within a reasonable period of time after the incident is | 4 | | discovered by the owner, operator, or agent, and in no | 5 | | case later than 30 days after the incident is discovered. | 6 | | Section 15. Enforcement by Attorney General. | 7 | | (a) The Attorney General may investigate a claim that a | 8 | | person violated this Act. | 9 | | (b) If the Attorney General concludes that a person is | 10 | | violating this Act, the Attorney General may bring an action | 11 | | in the name of the People of the State to restrain or enjoin | 12 | | the person from violating this Act. | 13 | | (c) In addition to bringing an action for injunctive | 14 | | relief under this Act, the Attorney General may seek | 15 | | restitution and petition a circuit court for the assessment of | 16 | | a civil penalty as provided by this Section. | 17 | | (d) A person who knowingly violates Section 10 is liable | 18 | | for a civil penalty of not more than $10,000 for each | 19 | | violation. | 20 | | (e) Every ticket transaction in which a ticket is acquired | 21 | | to be sold in violation of Section 10 constitutes a separate | 22 | | violation for purposes of assessing a civil penalty. | 23 | | (f) The civil penalty for a violation of a court order or | 24 | | injunction issued to enforce this Act may not exceed $100,000. | 25 | | (g) The Attorney General may recover all reasonable costs |
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| 1 | | of bringing an action under this Section, including court | 2 | | costs, reasonable attorneys' fees, and investigation costs.". |
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