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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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