Amended in Assembly May 7, 2013

Amended in Assembly April 25, 2013

Amended in Assembly April 18, 2013

Amended in Assembly March 21, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 329


Introduced by Assembly Member Pan

(Coauthors: Assembly Members Fong and Wieckowski)

(Coauthors: Senators Beall and Cannella)

February 13, 2013


An act to add Section 22505.5 to the Business and Professions Code, relating to business.

LEGISLATIVE COUNSEL’S DIGEST

AB 329, as amended, Pan. Ticket sellers: equitable online ticket buying process: sale or use of circumventing software.

Existing law provides for the comprehensive regulation of ticket sellers, and, among other things, requires disclosure of specified information to consumers and the maintenance of records and a permanent business address. Existing law provides that a violation of the laws regulating ticket sellers is a misdemeanor.

This bill would additionally provide that a person who intentionally uses software to circumvent a security measure, access control system, or other control or measure on a ticket seller’s Internet Web site that is used to ensure an equitable ticket buying process is guilty of a misdemeanor.

Because this bill would create a new crime, it would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 22505.5 is added to the Business and
2Professions Code
, to read:

3

22505.5.  

begin deleteA end deletebegin insertNotwithstanding Section 22503.5, 22503.6, 22504,
4or 22511, a end insert
person who intentionally uses or sells software to
5circumvent a security measure, access control system, or other
6control or measure on a ticket seller’s Internet Web site that is
7used to ensure an equitable ticket buying process is guilty of a
8misdemeanor.

9

SEC. 2.  

No reimbursement is required by this act pursuant to
10Section 6 of Article XIII B of the California Constitution because
11the only costs that may be incurred by a local agency or school
12district will be incurred because this act creates a new crime or
13infraction, eliminates a crime or infraction, or changes the penalty
14for a crime or infraction, within the meaning of Section 17556 of
15the Government Code, or changes the definition of a crime within
16the meaning of Section 6 of Article XIII B of the California
17Constitution.



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