THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY WHITE, BRENNAN, BROWN, D. COSTA, FABRIZIO, GIBBONS, HORNAMAN, KORTZ, LONGIETTI, MANN, McILVAINE SMITH, MELIO, PALLONE, PASHINSKI, SABATINA, SIPTROTH, K. SMITH, VULAKOVICH AND WALKO, FEBRUARY 18, 2009

REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, FEBRUARY 18, 2009  

AN ACT

Amending the act of May 2, 1947 (P.L.143, No.62), entitled "An

act regulating the sale and resale for profit and the

carrying on of the business of selling or reselling tickets

or other devices for admission to places of amusement;

providing for the licensing of persons reselling such tickets

for profit; providing for the suspension and revocation of

such licenses; imposing duties on licensees and owners or

operators of places of amusement; imposing powers and duties

on the Department of Revenue, county treasurers, district

attorneys, and the receiver of taxes, and city solicitors in

cities of the first class; making disposition of moneys

collected and providing penalties," providing for ticket

purchasing software and for penalties.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The act of May 2, 1947 (P.L.143, No.62), entitled

"An act regulating the sale and resale for profit and the

carrying on of the business of selling or reselling tickets or

other devices for admission to places of amusement; providing

for the licensing of persons reselling such tickets for profit;

providing for the suspension and revocation of such licenses;

imposing duties on licensees and owners or operators of places

of amusement; imposing powers and duties on the Department of

Revenue, county treasurers, district attorneys, and the receiver

of taxes, and city solicitors in cities of the first class;

making disposition of moneys collected and providing penalties,"

is amended by adding a section to read:

Section 12.1.  Ticket Purchasing Software; Violation.--(a)

It is unlawful for any person knowingly to sell, give, possess,

use or otherwise distribute or possess with the intent to sell,

give or distribute software that is primarily designed or

produced for the purpose of interfering with the operations of

any ticket seller that sells, over the Internet, tickets of

admission to a sporting event, theater, musical performance or

place of public entertainment or amusement of any kind by

circumventing any security measures on the ticket seller's

website, circumventing any access control systems of the ticket

seller's website or circumventing any controls or measures that

are instituted by the ticket seller on its website to ensure an

equitable ticket buying process.

(b)  For purposes of this section, "ticket seller" means any

person that has executed a written agreement with the management

of any venue for a sporting event, theater, musical performance

or public entertainment or amusement of any kind to sell tickets

to the event over the Internet.

(c)  Any person who violates this section commits a

misdemeanor of the third degree. Every acquisition, sale or

offer for sale constitutes a separate violation.

(d)  The court, in imposing a sentence, shall order

restitution pursuant to 18 Pa.C.S. § 1106 (relating to

restitution for injuries to person or property).

Section 2.  This act shall take effect immediately.