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SENATE FLOOR VERSION
February 13, 2023
COMMITTEE SUBSTITUTE
FOR
SENATE BILL NO. 650 By: Rogers, Burns, and Bullard
An Act relating to consumer protection; defining
terms; prohibiting a person to use or sell certain
software to evade security measures of a ticket
seller’s website or sell tickets at an inc reased
price; subjecting such violation as a violation of
the Oklahoma Consumer Protection Act; providing for
codification; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 774 of Title 15, unless there is
created a duplication in n umbering, reads as follow s:
As used in this act:
1. “Admission ticket” means evidence of a right of entry to a
venue or an entertainment event ;
2. “Event” means a concert, thea trical performance, sporting
event, exhibition, show, or other similar ac tivity held in this
state;
3. “Initial sale” means the first sale of an admission ticket
by the ticker seller, which may include the distribution of
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admission tickets under an agree ment between the ticker seller and
the recipient;
4. “Person” means any individual, partnership, corporation,
limited liability company, other organization, or any combination
thereof;
5. “Place of entertainment ” means any privately or publicly
owned or operated entertainment facility within this state, such as
a theater, stadium, museum, arena, park, racetrack, or other place
where concerts, theatrical performances, sporting events,
exhibitions, shows, or other similar ac tivities are held and for
which an entry fee is charged;
6. “Presale” means a sale of admission ticke ts at or below the
price printed on the ticket by, or with the permission of, a ticket
seller, prior to their release to the general public;
7. “Promoter” means a person who organizes financing and
publicity for an entertainment event; and
8. “Ticket seller” means a person that makes admi ssion tickets
available, directly or indirectly, at an initial presale or sale to
the general public, and may include an owner or operator of a place
of entertainment, a sponsor or promot er of an event, a sports team
participating in an event, a theater company, a musical group, or
similar participant in an event, or an employee or agent of any such
person.
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SECTION 2. NEW LAW A n ew section of law to be codified
in the Oklahoma Statutes as Section 774.1 of Title 15, unless there
is created a duplication in numbering, reads as follows:
A. A person shall not:
1. Use software to circumvent, th wart, interfere with, or evade
a security measure, access control system, or other control measure
on a ticket seller’s Internet website; or
2. Sell software that is advertised for profit with the express
purpose to circumvent, thwart, inter fere with, or evade a security
measure, access control system, or other control or measure on a
ticket seller’s Internet website.
B. The user or seller shall b e in violation of subsection A of
this section if the user or seller knows or should know that:
1. The purpose of the software is to circumvent, thwart,
interfere with, or evade a security measure, access control system,
or other control or measure on a t icket seller’s Internet website in
order to purchase admission tic kets during the initial sale or
presale for an event held at a place of entertainment ; or
2. The use of the software led to the admission tickets being
resold on the initial seller’s Internet website or an Internet site
used for the resell of admission tickets for a price above the
admission ticket’s initial cost.
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C. Any violation of this section shall constitute an unlawful
business practice and shall be subject to the provisions of the
Oklahoma Consumer Protecti on Act.
SECTION 3. This act shall become ef fective November 1, 2023.
COMMITTEE REPORT BY: COMMITTEE ON BUSINESS AND COMMERCE
February 13, 2023 - DO PASS AS AMENDED BY CS