Date: 03/06/2008

Final
BILL SUMMARY for SB08-077

HOUSE COMMITTEE ON BUSINESS AFFAIRS AND LABOR

Votes: View--> Action Taken:
Moved to refer Senate Bill 08-77 to the Committee PASS



01:40 PM -- Senate Bill 08-077

Representative Jahn, prime sponsor, presented Senate Bill 08-077 concerning the use of the use of computer technology to circumvent authorized limits set by the vendor offering event tickets for sale using electronic means.

The bill establishes both criminal and civil penalties for using a computer to obtain more tickets than allowed by a vendor through an online sale. It modifies the Colorado Consumer Protection Act, making it a deceptive trade practice to use technology or to circumvent a online seller's systems to buy more tickets in an online sale than allowed. In addition to civil penalties, the Attorney General and district attorneys may seek a court order requiring forfeiture of any tickets obtained through illegal means. The bill also expands the definition of computer crime to include using a computer that circumvents a technological measure intended by a vendor to limit the number of tickets that may be purchased by any single person in an online ticket sale.

The amended bill makes the new computer crime a class 1 misdemeanor, instead of applying the existing penalties for other computer crimes. The amendments also clarified that every ticket acquired in violation of the law constitutes a separate offense, instead of every transaction, and that the bill does not apply to the resale of tickets in a secondary market by a person other than the initial event sponsor or promoter.

Representative Liston asked how tickets are traced back to the person who bought them online using a computer.

01:43 PM --
Jan Zavislan, representing the Attorney General's Office, testified in support of the bill. He said the bill was introduced because of a couple of events that took place last year: the Hannah Montana concert and the Colorado Rockies World Series game tickets. Mr. Zavislan talked about the World Series tickets and a tip that was given to the Attorney General before they went on sale that a company was planning to use software to circumvent the restrictions placed on the number of tickets a consumer could buy. Mr. Zavislan said Senate Bill 08-077 does two things: it makes it a deceptive trade practice to use technology or to circumvent a online seller's systems to buy more tickets in an online sale than allowed and adds civil penalties.

01:50 PM

Mr. Zavislan said there will be an amendment later in the process that would make a change to the definition of automated device in order to keep it consistent. Representative Mitchell asked how the bill would be enforced across state lines and even in other countries. Representative Liston asked how the brokers obtained the actual tickets for the World Series game. Mr. Zavislan responded.

BILL:SB08-077
TIME: 02:03:01 PM
MOVED:Jahn
MOTION:Moved to refer Senate Bill 08-77 to the Committee on Appropriations. The motion passed 11-0.
SECONDED:Stephens
VOTE
Balmer
Yes
Butcher
Yes
Carroll M.
Yes
Casso
Yes
Jahn
Yes
Liston
Yes
Mitchell V.
Yes
Soper
Yes
Stephens
Yes
Rice
Yes
Marshall
Yes
Final YES: 11 NO: 0 EXC: 0 ABS: 0 FINAL ACTION: PASS