SENATE AMENDED

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, WALKO AND CALTIGIRONE, FEBRUARY 18, 2009

AS AMENDED ON THIRD CONSIDERATION, IN SENATE, APRIL 19, 2010   

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," further providing for

definitions; prohibiting use of certain ticket purchasing

software; and prescribing a penalty.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 1 of 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 

definitions to read:

Section 1.  Definitions.--

The following words and phrases when used in this act shall

have the meanings ascribed to them in this section:

* * *

(12)  "Ticket purchasing software."  Computer software

primarily designed for the purpose of interfering with the

operations of a ticket seller by circumventing:

(i)  a security measure of the ticket seller's Internet

website;

(ii)  an access control system of the ticket seller's

Internet website; or

(iii)  any function or operation of the ticket seller's

Internet website designed to ensure that the sale of tickets,

including, but not limited to, the number of tickets sold to a

single purchaser, occurs in an equitable manner for members of

the public.

(13)  "Ticket seller."  A person who has executed a written

agreement with an owner to sell, over the Internet, tickets to

an amusement.

Section 2.  The act is amended by adding a section to read:

Section 12.1.  Unlawful Ticket Purchasing Software.--(a)  It

is unlawful for a person to knowingly use ticket purchasing

software and acquire tickets from a ticket seller, if the

tickets would not have been acquired by the person but for the

use of the ticket purchasing software.

(b)  A person who violates this section commits a misdemeanor

and shall, upon conviction, be sentenced to a fine of five

thousand dollars ($5,000). Each For purposes of assessing the

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fine, each ticket acquired through the use of ticket purchasing

software in violation of this section constitutes a separate

offense incident.

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(c)  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 3.  This act shall take effect immediately.