Full Text of SB1502 94th General Assembly
SB1502 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 SB1502
Introduced 2/23/2005, by Sen. Edward D. Maloney SYNOPSIS AS INTRODUCED: |
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720 ILCS 375/1.5 |
from Ch. 121 1/2, par. 157.32 |
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Amends the Ticket Scalping Act. Includes in the requirements that a ticket broker must meet to be exempt from the Act the requirement that, beginning January 1, 2006, the price of a ticket, including all fees and charges, in excess of the printed
box office ticket price may not exceed more than 20% of the price printed on the face of the ticket. Provides that this provision does not apply to any tax or fee imposed by the State or by a unit of local government.
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| CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
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A BILL FOR
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SB1502 |
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LRB094 10944 BDD 41523 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Ticket Scalping Act is amended by changing | 5 |
| 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. (a) Except as otherwise provided in subsection
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| (b) of this Section and in Section 4, it is unlawful for any | 9 |
| person,
persons, firm or corporation to sell tickets for | 10 |
| baseball games, football
games, hockey games, theatre | 11 |
| entertainments, or any other amusement for a
price more than | 12 |
| the price printed upon the face of said ticket, and the
price | 13 |
| of said ticket shall correspond with the same price shown at | 14 |
| the box
office or the office of original distribution.
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| (b) This Act does not apply to the sale of tickets of | 16 |
| admission to a
sporting event, theater, musical performance, or | 17 |
| place of public
entertainment or amusement of any kind for a | 18 |
| price in excess of the printed
box office ticket price by a | 19 |
| ticket broker who meets all of the following
requirements:
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| (1) The ticket broker is duly registered with the | 21 |
| Office of the
Secretary of State on a registration form | 22 |
| provided by that Office. The
registration must contain a | 23 |
| 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 | 26 |
| locations located
within
this State;
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| (B) maintains as the principal business activity | 28 |
| at those locations
the resale of tickets;
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| (C) displays at those locations the ticket | 30 |
| broker's registration;
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| (D) maintains at those locations a listing of the | 32 |
| names and addresses of
all persons employed by the |
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| ticket broker;
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| (E) is in compliance with all applicable federal, | 3 |
| State, and local laws
relating to its ticket selling | 4 |
| activities, and that neither the ticket broker
nor any | 5 |
| of its employees within the preceding 12 months have | 6 |
| been convicted of
a violation of this Act; and
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| (F) that the ticket broker meets the following | 8 |
| requirements:
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| (i) maintains a statewide toll free number for | 10 |
| consumer complaints and
inquiries;
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| (ii) has adopted a code that advocates | 12 |
| consumer protection that
includes, at a minimum:
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| (a-1) consumer protection guidelines;
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| (b-1) a standard refund policy; and
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| (c-1) standards of professional conduct;
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| (iii) has adopted a procedure for the binding | 17 |
| resolution of consumer
complaints by an | 18 |
| independent, disinterested third party; and
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| (iv) has established and maintains a consumer | 20 |
| protection rebate fund
in an amount in excess of | 21 |
| $100,000, at least 50% of which must be cash
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| available for immediate disbursement for | 23 |
| satisfaction of valid consumer
complaints.
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| Alternatively, the ticket broker may fulfill the | 25 |
| requirements of
subparagraph (F) of this subsection | 26 |
| (b) if the ticket broker certifies that he
or she | 27 |
| belongs to a professional association
organized under | 28 |
| the laws of this State, or organized under the laws of
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| any
other state and authorized to conduct business in | 30 |
| Illinois, that has been in
existence for at least 3 | 31 |
| years prior to the date of that broker's registration
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| with the Office of the Secretary of State, and is | 33 |
| specifically
dedicated, for and on behalf of its | 34 |
| members, to provide and
maintain the consumer | 35 |
| protection requirements of subparagraph (F) of | 36 |
| subsection
(b) to maintain the integrity of the ticket |
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| brokerage industry.
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| (2) (Blank).
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| (3) The ticket broker and his employees must not engage | 4 |
| in the
practice of selling, or attempting to sell, tickets | 5 |
| for any event while
sitting or standing near the facility | 6 |
| at which the event is to be held or
is being held.
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| (4) The ticket broker must comply with all requirements | 8 |
| of the
Retailers' Occupation Tax Act and all other | 9 |
| applicable federal, State and
local laws in connection with | 10 |
| his ticket selling activities.
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| (5) Beginning January 1, 1996, no ticket broker shall | 12 |
| advertise for
resale any tickets within this State unless | 13 |
| the advertisement contains the
name of the ticket broker | 14 |
| and the Illinois registration number issued by the
Office | 15 |
| of the Secretary of State under this Section.
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| (6) Each ticket broker registered under this Act shall | 17 |
| pay an annual
registration fee of $100. | 18 |
| (7) Beginning January 1, 2006, the price, including all | 19 |
| fees and charges, in excess of the printed
box office | 20 |
| ticket price may not exceed more than 20% of the price | 21 |
| printed on the face of the ticket. This item (7) does not | 22 |
| apply to any tax or fee imposed by the State or by a unit of | 23 |
| local government.
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| The provisions of this amendatory Act of 1995 are severable | 25 |
| under Section
1.31 of the Statute on Statutes.
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| (Source: P.A. 89-406, eff. 11-15-95.)
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