Bill Text - SB328 (2024)

Relative to deceptive ticket sale practices.


Revision: Dec. 8, 2023, 3:44 p.m.

SB 328-FN - AS INTRODUCED

 

 

2024 SESSION

24-2939

08/05

 

SENATE BILL 328-FN

 

AN ACT relative to deceptive ticket sale practices.

 

SPONSORS: Sen. D'Allesandro, Dist 20; Sen. Watters, Dist 4; Sen. Fenton, Dist 10; Sen. Perkins Kwoka, Dist 21; Sen. Altschiller, Dist 24; Sen. Soucy, Dist 18; Sen. Whitley, Dist 15; Sen. Rosenwald, Dist 13; Sen. Chandley, Dist 11; Sen. Prentiss, Dist 5; Rep. Heath, Hills. 41; Rep. Goley, Hills. 21

 

COMMITTEE: Commerce

 

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ANALYSIS

 

This bill makes the resale of event tickets by a person who is not the venue or an authorized agent of the venue unlawful if it does not meet certain criteria.

 

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

24-2939

08/05

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty Four

 

AN ACT relative to deceptive ticket sale practices.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  New Paragraph; Regulation of Business Practices for Consumer Protection; Definitions.  Amend RSA 358-A:1 by inserting after paragraph V the following new paragraph:

VI.  "Venue" shall mean any motion picture house, theater, concert hall, sports arena, stadium or other place of exhibition or entertainment at which tickets are sold.

2  New Paragraph; Regulation of Business Practices for Consumer Protection; Acts Unlawful; Unauthorized Resellers.  Amend RSA 358-A:2 by inserting after paragraph XVIII the following new paragraph:

XIX.(a)  Reselling tickets to an event or performance unless the seller accomplishes the following:

(1)  Prominently displays on the sale listing and again during purchase, in bold, 14 point font or greater, a disclosure indicating that the tickets are being sold pursuant to one or more of the following conditions:

(A)  The seller does not actually own the ticket;

(B)  The seller is a different entity than the venue where the event or performance is to be held;

(C)  The ticket being resold is in a block, zone, or other specific grouping of tickets;

(2)  Acquires the purchaser's acknowledgment of such condition through an affirmative act of clicking on a radio button, checkbox, or other similar indication of acknowledgment.

(b)  Using bots to purchase and resell tickets to an event or performance.

(c)  Selling "speculative tickets."  In this paragraph "speculative tickets means a ticket to an event or performance that is not in the reseller's possession at the time of the resale of the ticket.  

(d)  Reselling tickets employing unauthorized use of any artist name, venue name, event organizer name, graphic, imagery, marketing content, or any other intellectual property of the artist, venue, or event organizer.

3  Effective Date.  This act shall take effect January 1, 2025.

 

LBA

24-2939

11/29/23

 

SB 328-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT relative to deceptive ticket sale practices.

 

FISCAL IMPACT:         [ X ] State              [ X ] County               [ X ] Local              [    ] None

 

 

Estimated State Impact - Increase / (Decrease)

 

FY 2024

FY 2025

FY 2026

FY 2027

Revenue

$0

$0

$0

$0

Revenue Fund

None

Expenditures

Indeterminable

Funding Source

General Fund

Appropriations

$0

$0

$0

$0

Funding Source

None

 

 

Estimated Political Subdivision Impact - Increase / (Decrease)

 

FY 2024

FY 2025

FY 2026

FY 2027

County Revenue

$0

$0

$0

$0

County Expenditures

Indeterminable

Local Revenue

$0

$0

$0

$0

Local Expenditures

Indeterminable

 

METHODOLOGY:

This bill adds, deletes, or modifies a criminal penalty, or changes statute to which there is a penalty for violation. Therefore, this bill may have an impact on the judicial and correctional systems, which could affect prosecution, incarceration, probation, and parole costs, for the state, as well as county and local governments. A summary of such costs can be found at: https://gencourt.state.nh.us/lba/Budget/Fiscal_Notes/JudicialCorrectionalCosts.pdf

 

AGENCIES CONTACTED:

Judicial Branch, Judicial Council, Department of Justice, Department of Corrections, New Hampshire Association of Counties, and New Hampshire Municipal Association