HB435 Alabama 2016 Session

Under existing law, an admission ticket that was originally issued, sold, or authorized by an organizer of or venue to athletic contests, concerts, and other amusement events may be resold

This bill would prohibit a ticket issuer, primary ticket sales platform, or secondary ticket exchange from: (1) penalizing or discriminating against a ticket holder who transfers, resells, or offers to resell his or her ticket; (2) penalizing, discriminating against, or denying access to a ticket holder who possesses a resold ticket based solely on the grounds that the ticket has been resold; (3) prohibiting or restricting the resale or transfer of any tickets; or (4) using certain delivery techniques or technological means to preclude or hinder a consumer from reselling or transferring tickets on a platform or exchange of his or her choice

This bill would also prohibit a person from knowingly using or selling software to circumvent or interfere with security measures, access control systems, or other controls or measures on a primary ticket sales platform or a secondary ticket exchange

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment

To amend Section 8-19E-2, Code of Alabama 1975, relating to the resale of admission tickets, to prohibit a ticket issuer, primary ticket sales platform, or secondary ticket exchange from engaging in certain action resulting in penalties, discrimination, or denied access to an event because the ticketholder resold or transferred his or her ticket; to prohibit a person from using or selling certain software to circumvent or interfere with certain security measures on a primary ticket sales platform or secondary ticket exchange; to provide that violations constitute a deceptive trade practice; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.