SB 197

Session
Regular Session 2018
Title
Ticket websites, prohibit unauthorized web developers from creating websites with web addresses containing name of venue, artist, or show
Description

This bill would prohibit the intentional creation or operation of event ticketing websites with domain names that, without authorization, contain the name of a venue, performing artist, performance title, exhibition title, or similar descriptors

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

Relating to ticket websites; to prohibit the intentional creation or operation of event ticketing websites with domain names that, without authorization, contain the name of a venue, performing artist, performance title, exhibition title, or similar descriptors; 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.

Subjects
Venue
View Original PDF: SB 197 - Introduced - PDF

This bill would prohibit the intentional creation or operation of event ticketing websites with domain names that, without authorization, contain the name of a venue, performing artist, performance title, exhibition title, or similar descriptors

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

Relating to ticket websites; to prohibit the intentional creation or operation of event ticketing websites with domain names that, without authorization, contain the name of a venue, performing artist, performance title, exhibition title, or similar descriptors; 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.

Section 1

(a) As used in this act, the following terms shall have the following meanings: (1) TICKET WEBSITE. A website advertising the sale of tickets, offering the sale of tickets, or offering tickets for resale. (2) URL. A website's uniform resource locator or web address. (3) VENUE. An arena, stadium, theater, concert hall, amphitheater, fairground, or other place or property utilized for concerts, exhibitions, or performances. (4) WEBSITE OPERATOR. A person owning, operating, or controlling a ticket website for an event scheduled at a venue.

Section 2

(a)(1) Except as provided in subdivision (2), a website operator may not intentionally create or maintain a ticket website that uses an Internet domain name or sub-domain in its URL that contains any of the following: a. The name of a venue. b. The name of an exhibition or performance, including the name of the person or entity scheduled to perform or appear at the venue. c. Any name substantially similar to those in paragraph a. or b. (2) Subdivision (1) does not apply to a website operator who is authorized by the venue or authorized ticketing agency to be acting upon its behalf. (b) A violation of subsection (a) shall be a Class B misdemeanor. Each violation of subsection (a) shall constitute a separate offense. (c) A receipt of purchase funds for an event ticket by a website operator in violation of subsection (a) shall be a Class B misdemeanor. Each violation of this subsection shall constitute a separate offense.

Section 3

Although this bill would have as its purpose or effect the requirement of a new or increased expenditure of local funds, the bill is excluded from further requirements and application under Amendment 621, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, because the bill defines a new crime or amends the definition of an existing crime.

Section 4

This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.

No articles found.
Action Date Chamber Action
February 22, 2018HPending third reading on day 15 Favorable from Commerce and Small Business
February 22, 2018HRead for the second time and placed on the calendar
January 30, 2018HRead for the first time and referred to the House of Representatives committee on Commerce and Small Business
January 30, 2018SEngrossed
January 30, 2018SMotion to Read a Third Time and Pass adopted Roll Call 197
January 30, 2018SSmitherman motion to Adopt adopted Roll Call 196
January 30, 2018SSmitherman Amendment Offered
January 30, 2018SThird Reading Passed
January 25, 2018SRead for the second time and placed on the calendar
January 18, 2018SRead for the first time and referred to the Senate committee on Tourism and Marketing
2018-01-30
Chamber: Senate
Result: Passed
2018-01-30
Chamber: Senate
Result: Passed