Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S191 Compare Versions

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22 SENATE DOCKET, NO. 1934 FILED ON: 1/17/2025
33 SENATE . . . . . . . . . . . . . . No. 191
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Nick Collins
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
1212 An Act to protect consumers of tickets.
1313 _______________
1414 PETITION OF:
1515 NAME:DISTRICT/ADDRESS :Nick CollinsFirst Suffolk 1 of 3
1616 SENATE DOCKET, NO. 1934 FILED ON: 1/17/2025
1717 SENATE . . . . . . . . . . . . . . No. 191
1818 By Mr. Collins, a petition (accompanied by bill, Senate, No. 191) of Nick Collins for legislation
1919 to protect consumers of tickets by employing a paperless ticketing system that gives the
2020 consumer an option at the time of initial sale to purchase the same paperless tickets in
2121 transferable form that the consumer can transfer at any price. Consumer Protection and
2222 Professional Licensure.
2323 The Commonwealth of Massachusetts
2424 _______________
2525 In the One Hundred and Ninety-Fourth General Court
2626 (2025-2026)
2727 _______________
2828 An Act to protect consumers of tickets.
2929 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
3030 of the same, as follows:
3131 1 SECTION 1. Section 182A of chapter 140 of the General Laws, as most recently inserted
3232 2by section 248 of chapter 238 of the acts of 2024, is hereby amended by striking out subsection
3333 3(b) and inserting in place thereof the following:-
3434 4 (b) (1) No person, firm, corporation or other entity shall employ a paperless ticketing
3535 5system unless the consumer is given an option at the time of initial sale to purchase the same
3636 6paperless tickets in transferable form that the consumer can transfer at any price, and at any time,
3737 7and without additional fees.
3838 8 (2) The established price for any given ticket shall be the same regardless of the form or
3939 9transferability of such ticket. 2 of 3
4040 10 (3) The ability for a ticket to be transferred shall not constitute a special service for the
4141 11purpose of imposing a service charge subject to section 185D. It shall be unlawful to penalize,
4242 12discriminate against or deny access to a ticket buyer on the basis that the ticket was transferred or
4343 13resold, including if the ticket was transferred or resold independent from the initial sale ticketing
4444 14system.
4545 15 (4) Notwithstanding the provisions of this section, an operator of any such theatrical
4646 16exhibition, public show or public amusement or exhibition, or such operator’s agent, may offer
4747 17paperless tickets that do not allow for transferability; provided, that: (i) those tickets shall be sold
4848 18or given to individuals or groups as part of a private event or a targeted promotion at a
4949 19discounted price offered because of the individual’s or group’s status or affiliation with religious
5050 20or charitable institutions, societies or organizations or civic leagues or organizations not
5151 21organized for profit but operated exclusively for the promotion of social welfare, associations of
5252 22veterans of any wars of the United States, students, or groups or individuals characterized by a
5353 23disability or economic hardship and tickets issued through a non-transferable ticketing system
5454 24pursuant to the exemption in this subsection shall not be offered promotionally to the general
5555 25public and shall be clearly marked as a ticket restricted to the specified individual or group; or
5656 26(ii) such tickets shall be included in a membership pass at a discounted price offered by a
5757 27professional sports organization for seating in venues or stadiums with a fixed capacity of not
5858 28less than 19,000 seats that guarantees entry to a specified number of events in a specified time
5959 29period with seat assignments: (A) assigned not more than 4 hours prior to the commencement of
6060 30the event; and (B) variable from game to game and not intended for season ticket holders.
6161 31Tickets provided under a membership pass may be restricted from being transferred or resold,
6262 32including through the operator or operator’s agents, and shall be clearly marked as such prior to 3 of 3
6363 33initial offering or sale. Such membership pass shall not mean a subscription or season ticket
6464 34package offered for sale and shall not result in the sale of more than 5 per cent of the maximum
6565 35amount of all seats that will be made available at a venue for a particular event to be sold under
6666 36this subsection
6767 37 SECTION 2. Subsection (c) of section 182A of chapter 140 of the General Laws, as most
6868 38recently inserted by section 248 of chapter 238 of the Acts of 2024, is hereby amended by
6969 39striking the first sentence.
7070 40 SECTION 3. Subsection (a) of section 185A of chapter 140 of the General Laws, as most
7171 41recently inserted by section 249 of chapter 238 of the acts of 2024, is hereby amended by
7272 42inserting at the end thereof the following:- provided, however that any primary ticket issuer and
7373 43any operator or manager of a website or other platform to facilitate resale, or resale through a
7474 44competitive bidding process, solely between third parties and that does not in any other manner
7575 45engage in reselling of tickets shall be exempt from said licensing requirements.
7676 46 SECTION 4. Subsection (c) of section 185D of chapter 140 of the General Laws, as most
7777 47recently inserted by section 249 of chapter 238 of the acts of 2024, shall take effect beginning
7878 48July 1, 2025.