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2 | 2 | | SENATE DOCKET, NO. 1934 FILED ON: 1/17/2025 |
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3 | 3 | | SENATE . . . . . . . . . . . . . . No. 191 |
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4 | 4 | | The Commonwealth of Massachusetts |
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5 | 5 | | _________________ |
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6 | 6 | | PRESENTED BY: |
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7 | 7 | | Nick Collins |
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8 | 8 | | _________________ |
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9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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10 | 10 | | Court assembled: |
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11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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12 | 12 | | An Act to protect consumers of tickets. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | NAME:DISTRICT/ADDRESS :Nick CollinsFirst Suffolk 1 of 3 |
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16 | 16 | | SENATE DOCKET, NO. 1934 FILED ON: 1/17/2025 |
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17 | 17 | | SENATE . . . . . . . . . . . . . . No. 191 |
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18 | 18 | | By Mr. Collins, a petition (accompanied by bill, Senate, No. 191) of Nick Collins for legislation |
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19 | 19 | | to protect consumers of tickets by employing a paperless ticketing system that gives the |
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20 | 20 | | consumer an option at the time of initial sale to purchase the same paperless tickets in |
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21 | 21 | | transferable form that the consumer can transfer at any price. Consumer Protection and |
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22 | 22 | | Professional Licensure. |
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23 | 23 | | The Commonwealth of Massachusetts |
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24 | 24 | | _______________ |
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25 | 25 | | In the One Hundred and Ninety-Fourth General Court |
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26 | 26 | | (2025-2026) |
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27 | 27 | | _______________ |
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28 | 28 | | An Act to protect consumers of tickets. |
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29 | 29 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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30 | 30 | | of the same, as follows: |
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31 | 31 | | 1 SECTION 1. Section 182A of chapter 140 of the General Laws, as most recently inserted |
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32 | 32 | | 2by section 248 of chapter 238 of the acts of 2024, is hereby amended by striking out subsection |
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33 | 33 | | 3(b) and inserting in place thereof the following:- |
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34 | 34 | | 4 (b) (1) No person, firm, corporation or other entity shall employ a paperless ticketing |
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35 | 35 | | 5system unless the consumer is given an option at the time of initial sale to purchase the same |
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36 | 36 | | 6paperless tickets in transferable form that the consumer can transfer at any price, and at any time, |
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37 | 37 | | 7and without additional fees. |
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38 | 38 | | 8 (2) The established price for any given ticket shall be the same regardless of the form or |
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39 | 39 | | 9transferability of such ticket. 2 of 3 |
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40 | 40 | | 10 (3) The ability for a ticket to be transferred shall not constitute a special service for the |
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41 | 41 | | 11purpose of imposing a service charge subject to section 185D. It shall be unlawful to penalize, |
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42 | 42 | | 12discriminate against or deny access to a ticket buyer on the basis that the ticket was transferred or |
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43 | 43 | | 13resold, including if the ticket was transferred or resold independent from the initial sale ticketing |
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44 | 44 | | 14system. |
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45 | 45 | | 15 (4) Notwithstanding the provisions of this section, an operator of any such theatrical |
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46 | 46 | | 16exhibition, public show or public amusement or exhibition, or such operator’s agent, may offer |
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47 | 47 | | 17paperless tickets that do not allow for transferability; provided, that: (i) those tickets shall be sold |
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48 | 48 | | 18or given to individuals or groups as part of a private event or a targeted promotion at a |
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49 | 49 | | 19discounted price offered because of the individual’s or group’s status or affiliation with religious |
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50 | 50 | | 20or charitable institutions, societies or organizations or civic leagues or organizations not |
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51 | 51 | | 21organized for profit but operated exclusively for the promotion of social welfare, associations of |
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52 | 52 | | 22veterans of any wars of the United States, students, or groups or individuals characterized by a |
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53 | 53 | | 23disability or economic hardship and tickets issued through a non-transferable ticketing system |
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54 | 54 | | 24pursuant to the exemption in this subsection shall not be offered promotionally to the general |
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55 | 55 | | 25public and shall be clearly marked as a ticket restricted to the specified individual or group; or |
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56 | 56 | | 26(ii) such tickets shall be included in a membership pass at a discounted price offered by a |
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57 | 57 | | 27professional sports organization for seating in venues or stadiums with a fixed capacity of not |
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58 | 58 | | 28less than 19,000 seats that guarantees entry to a specified number of events in a specified time |
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59 | 59 | | 29period with seat assignments: (A) assigned not more than 4 hours prior to the commencement of |
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60 | 60 | | 30the event; and (B) variable from game to game and not intended for season ticket holders. |
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61 | 61 | | 31Tickets provided under a membership pass may be restricted from being transferred or resold, |
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62 | 62 | | 32including through the operator or operator’s agents, and shall be clearly marked as such prior to 3 of 3 |
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63 | 63 | | 33initial offering or sale. Such membership pass shall not mean a subscription or season ticket |
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64 | 64 | | 34package offered for sale and shall not result in the sale of more than 5 per cent of the maximum |
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65 | 65 | | 35amount of all seats that will be made available at a venue for a particular event to be sold under |
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66 | 66 | | 36this subsection |
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67 | 67 | | 37 SECTION 2. Subsection (c) of section 182A of chapter 140 of the General Laws, as most |
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68 | 68 | | 38recently inserted by section 248 of chapter 238 of the Acts of 2024, is hereby amended by |
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69 | 69 | | 39striking the first sentence. |
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70 | 70 | | 40 SECTION 3. Subsection (a) of section 185A of chapter 140 of the General Laws, as most |
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71 | 71 | | 41recently inserted by section 249 of chapter 238 of the acts of 2024, is hereby amended by |
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72 | 72 | | 42inserting at the end thereof the following:- provided, however that any primary ticket issuer and |
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73 | 73 | | 43any operator or manager of a website or other platform to facilitate resale, or resale through a |
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74 | 74 | | 44competitive bidding process, solely between third parties and that does not in any other manner |
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75 | 75 | | 45engage in reselling of tickets shall be exempt from said licensing requirements. |
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76 | 76 | | 46 SECTION 4. Subsection (c) of section 185D of chapter 140 of the General Laws, as most |
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77 | 77 | | 47recently inserted by section 249 of chapter 238 of the acts of 2024, shall take effect beginning |
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78 | 78 | | 48July 1, 2025. |
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