AL
Alabama House Bill HB244

Alabama 2022 Regular Session

Alabama House Bill HB244 Compare Versions

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11 1 HB244
2-2 214665-2
2+2 214665-1
33 3 By Representative Shaver
44 4 RFD: Judiciary
55 5 First Read: 02-FEB-22
66
7-Page 0 HB244
8-1
9-2 ENROLLED, An Act,
10-3 Relating to the sale of collectibles; to authorize a
11-4 consumer to recover the purchase price plus a penalty if a
12-5 collectible item is purchased based on a false representation
13-6 that the collectible item is authentic; to authorize civil
14-7 actions; and to provide for civil penalties for false
15-8 representations.
16-9 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
17-10 Section 1. As used in this act, the following terms
18-11 shall have the following meanings:
19-12 (1) AUTHENTICATE. The representation by a dealer or
20-13 other person that a collectible is authentic.
21-14 (2) AUTOGRAPHED ITEM. A sports item or entertainment
22-15 media item bearing the signature of a particular person that
23-16 is sold or offered for sale for fifty dollars ($50) or more,
24-17 excluding sales tax and shipping fees, when the dealer offers
25-18 the signed item at a higher price than the dealer would charge
26-19 for a comparable item without the signature.
27-20 (3) COLLECTIBLE. An autographed item, entertainment
28-21 media item, historical artifact, limited edition item, item of
29-22 memorabilia, sports item, or similar item represented to have
30-23 value based on the collectible nature of the item.
31-24 (4) CONSUMER. A natural person who purchases an
32-25 autographed collectible from a dealer for personal, family, or
33-Page 1 HB244
34-1 household purposes. The term includes a prospective purchaser
35-2 meeting these criteria.
36-3 (5) DEALER. A person who is in the business of
37-4 selling or offering for sale collectibles and has sold three
38-5 or more collectibles in the preceding 12 months. The term
39-6 includes a person engaged in a mail-order, telephone-order,
40-7 online, or television business for the sale of collectibles.
41-8 The term does not include any of the following:
42-9 a. A pawnbroker that acquired the collectible
43-10 through a foreclosure on a collateral loan, provided that the
44-11 pawnbroker does not hold himself or herself out as having
45-12 knowledge or skill peculiar to autographed collectibles.
46-13 b. The person who autographed the collectible.
47-14 (6) ENTERTAINMENT MEDIA ITEM. An item related to
48-15 music, television, and films, including, but not limited to, a
49-16 picture, photo, record, compact disc, digital video disc,
50-17 ticket, program, playbill, clothing, hat, poster, toy, plaque,
51-18 trading card, musical instrument, or other entertainment
52-19 memorabilia.
53-20 (7) HISTORICAL ARTIFACT. An object, such as a tool,
54-21 or the remains of one, such as a shard of pottery, or a
55-22 historical writing, manuscript, or document, characteristic of
56-23 an earlier time or cultural stage, valued for its historical
57-24 significance and authenticity.
58-Page 2 HB244
59-1 (8) LIMITED EDITION. An autographed collectible that
60-2 meets all of the following requirements:
61-3 a. A person has produced a specific quantity of an
62-4 autographed collectible and placed it on the open market.
63-5 b. The person has posted a notice, at its primary
64-6 place of business, that it will provide any consumer, upon
65-7 request, with a copy of a notice that states the exact number
66-8 of an autographed collectible produced in that series of
67-9 limited editions.
68-10 c. The person makes available, upon request of a
69-11 consumer, evidence that the electronic encoding, films, molds,
70-12 or plates used to create the autographed collectible have been
71-13 destroyed after the specified number of autographed
72-14 collectibles have been produced.
73-15 d. The sequence number of the autographed
74-16 collectible and the number of the total quantity produced in
75-17 the limited edition are printed on the autographed
76-18 collectible.
77-19 (9) MEMORABILIA. Objects kept or collected because
78-20 of their historical interest, particularly those deriving
79-21 value from their connection to a particular memorable person
80-22 or event, and also deriving value from authenticity.
81-23 (10) REPRESENTATION. Any written representation,
82-24 including, but not limited to, a representation in an
83-25 advertisement, brochure, catalog, flyer, invoice, sign, online
84-Page 3 HB244
85-1 communication, Internet web page, email, or other commercial
86-2 or promotional material.
87-3 (11) SPORTS ITEM. A photograph, ticket, plaque,
88-4 sports program, trading card, item of sports equipment or
89-5 clothing, or other sports memorabilia.
90-6 Section 2. This act does not apply to a collectible
91-7 if purchased based on any of the following:
92-8 (1) The collectible was purchased by barter or trade
93-9 for other items.
94-10 (2) The collectible was sold by one dealer to
95-11 another dealer.
96-12 Section 3. (a) A consumer who purchases an
97-13 authenticated collectible from a dealer based on a
98-14 representation that the collectible is authentic is entitled
99-15 to recover from the dealer the full purchase price of the
100-16 collectible plus damages within three years of the purchase if
101-17 the consumer presents substantial evidence to the dealer that
102-18 the collectible is in fact not authentic.
103-19 (b) A consumer may file a civil action to enforce
104-20 the rights provided by this act.
105-21 (c) The remedies specified in this section are in
106-22 addition to, and not in lieu of, any other remedy that may be
107-23 provided by law.
108-Page 4 HB244
109-1 Section 4. This act shall become effective on the
110-2 first day of the third month following its passage and
111-3 approval by the Governor, or its otherwise becoming law.
112-Page 5 HB244
113-1
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1159 3
11610 4
117-Speaker of the House of Representatives
118-
11911 5
120-6 President and Presiding Officer of the Senate
121-House of Representatives7
122-I hereby certify that the within Act originated in8
123-9 and was passed by the House 01-MAR-22.
124-10
125-11 Jeff Woodard
126-12 Clerk
127-13
128- 14
129- 15
130-Senate16 05-APR-22 Passed
12+6
13+7
14+8 SYNOPSIS: This bill would provide for a specific
15+9 remedy for the fraudulent sale of a collectible
16+10 item.
17+11 This bill would authorize a consumer to
18+12 recover the purchase price plus a penalty if a
19+13 collectible item is purchased based on a
20+14 representation that the collectible item is
21+15 authentic and the collectible item is in fact not
22+16 authentic.
13123 17
132-Page 6
24+18 A BILL
25+19 TO BE ENTITLED
26+20 AN ACT
27+21
28+22 Relating to the sale of collectibles; to authorize a
29+23 consumer to recover the purchase price plus a penalty if a
30+24 collectible item is purchased based on a false representation
31+25 that the collectible item is authentic; to authorize civil
32+26 actions; and to provide for civil penalties for false
33+27 representations.
34+Page 1 1 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
35+2 Section 1. As used in this act, the following terms
36+3 shall have the following meanings:
37+4 (1) AUTHENTICATE. The representation by a dealer or
38+5 other person that a collectible is authentic.
39+6 (2) AUTOGRAPHED ITEM. A sports item or entertainment
40+7 media item bearing the signature of a particular person that
41+8 is sold or offered for sale for fifty dollars ($50) or more,
42+9 excluding sales tax and shipping fees, when the dealer offers
43+10 the signed item at a higher price than the dealer would charge
44+11 for a comparable item without the signature.
45+12 (3) COLLECTIBLE. An autographed item, entertainment
46+13 media item, historical artifact, limited edition item, item of
47+14 memorabilia, sports item, or similar item represented to have
48+15 value based on the collectible nature of the item.
49+16 (4) CONSUMER. A natural person who purchases an
50+17 autographed collectible from a dealer for personal, family, or
51+18 household purposes. The term includes a prospective purchaser
52+19 meeting these criteria.
53+20 (5) DEALER. A person who is in the business of
54+21 selling or offering for sale collectibles and has sold three
55+22 or more collectibles in the preceding 12 months. The term
56+23 includes a person engaged in a mail-order, telephone-order,
57+24 online, or television business for the sale of collectibles.
58+25 The term does not include any of the following:
59+26 a. A pawnbroker that acquired the collectible
60+27 through a foreclosure on a collateral loan, provided that the
61+Page 2 1 pawnbroker does not hold himself or herself out as having
62+2 knowledge or skill peculiar to autographed collectibles.
63+3 b. The person who autographed the collectible.
64+4 (6) ENTERTAINMENT MEDIA ITEM. An item related to
65+5 music, television, and films, including, but not limited to, a
66+6 picture, photo, record, compact disc, digital video disc,
67+7 ticket, program, playbill, clothing, hat, poster, toy, plaque,
68+8 trading card, musical instrument, or other entertainment
69+9 memorabilia.
70+10 (7) HISTORICAL ARTIFACT. An object, such as a tool,
71+11 or the remains of one, such as a shard of pottery, or a
72+12 historical writing, manuscript, or document, characteristic of
73+13 an earlier time or cultural stage, valued for its historical
74+14 significance and authenticity.
75+15 (8) LIMITED EDITION. An autographed collectible that
76+16 meets all of the following requirements:
77+17 a. A person has produced a specific quantity of an
78+18 autographed collectible and placed it on the open market.
79+19 b. The person has posted a notice, at its primary
80+20 place of business, that it will provide any consumer, upon
81+21 request, with a copy of a notice that states the exact number
82+22 of an autographed collectible produced in that series of
83+23 limited editions.
84+24 c. The person makes available, upon request of a
85+25 consumer, evidence that the electronic encoding, films, molds,
86+26 or plates used to create the autographed collectible have been
87+Page 3 1 destroyed after the specified number of autographed
88+2 collectibles have been produced.
89+3 d. The sequence number of the autographed
90+4 collectible and the number of the total quantity produced in
91+5 the limited edition are printed on the autographed
92+6 collectible.
93+7 (9) MEMORABILIA. Objects kept or collected because
94+8 of their historical interest, particularly those deriving
95+9 value from their connection to a particular memorable person
96+10 or event, and also deriving value from authenticity.
97+11 (10) REPRESENTATION. Any written representation,
98+12 including, but not limited to, a representation in an
99+13 advertisement, brochure, catalog, flyer, invoice, sign, online
100+14 communication, Internet web page, email, or other commercial
101+15 or promotional material.
102+16 (11) SPORTS ITEM. A photograph, ticket, plaque,
103+17 sports program, trading card, item of sports equipment or
104+18 clothing, or other sports memorabilia.
105+19 Section 2. This act does not apply to a collectible
106+20 if purchased based on any of the following:
107+21 (1) The collectible was purchased by barter or trade
108+22 for other items.
109+23 (2) The collectible was sold by one dealer to
110+24 another dealer.
111+25 Section 3. (a) A consumer who purchases an
112+26 authenticated collectible from a dealer based on a
113+27 representation that the collectible is authentic is entitled
114+Page 4 1 to recover from the dealer the full purchase price of the
115+2 collectible plus damages within three years of the purchase if
116+3 the consumer presents substantial evidence to the dealer that
117+4 the collectible is in fact not authentic.
118+5 (b) A consumer may file a civil action to enforce
119+6 the rights provided by this act.
120+7 (c) The remedies specified in this section are in
121+8 addition to, and not in lieu of, any other remedy that may be
122+9 provided by law.
123+10 Section 4. This act shall become effective on the
124+11 first day of the third month following its passage and
125+12 approval by the Governor, or its otherwise becoming law.
126+Page 5