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Senate Commerce Committee Statement to Senate, No. 376 (December 6, 2021)

Summary

Senate Commerce Committee statement to Senate, No. 376, with committee amendments, State of New Jersey, dated December 6, 2021. The committee reports favorably and with committee amendments Senate Bill No. 376, the "New Jersey Ticket Consumer Choice Act," which guarantees the right of New Jersey ticket purchasers to opt out of ticket restrictions on using, selling, or giving away purchased tickets. The bill allows ticket issuers to sell tickets through a system restricting resale only if, at the time of the initial sale, the consumer is offered the option to purchase the same ticket in a form not subject to restrictions by the issuer. The committee amendments exempt issuers of tickets for certain entertainment events and remove a section amending current law concerning resellers of tickets.

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“Senate Commerce Committee Statement to Senate, No. 376 (December 6, 2021).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2021-12-06-scm-s376-s1-3ec7a47b0f/, SHA-256 0d093c3eb25ca1bbe15dbcf7088a63785d41054788b64081e09eb1f603823b5b.

Full text

     SENATE COMMERCE COMMITTEE

                    STATEMENT TO

                   SENATE, No. 376
                   with committee amendments



 STATE OF NEW JERSEY
                    DATED: DECEMBER 6, 2021

    The Senate Commerce Committee reports favorably and with
committee amendments Senate Bill No. 376.
   As amended, this bill, the “New Jersey Ticket Consumer Choice
Act,” guarantees the right of New Jersey ticket purchasers to opt-
out of ticket restrictions that limit their ability to use, sell, or give
away the tickets they have purchased.
   Specifically, this bill allows ticket issuers to sell tickets through
a ticketing system that restricts the rights of consumers to resell
their tickets only if, at the time of the initial sale, the consumer is
offered the option to purchase the same ticket in a form not subject
to restrictions by the issuer. Issuers would be permitted, however,
to sell or give away tickets in a non-transferable form in the context
of targeted promotions or private events.
   The bill prohibits any penalty or discrimination against a ticket
holder solely because the ticket was resold or because of the
specific ticket platform on which the ticket was resold. The bill
provides for the recognition of the rights of issuers and venue
owners and operators to institute policies governing overall
operation of entertainment events and ticket sales.
   The bill exempts from the provisions of the bill issuers of tickets
for an entertainment event held in a venue owned or operated by an
entity which is subject to a hotel and motel occupancy fee pursuant to
section 1 of P.L.2003, c.114 (C.54:32D-1) and located in a city the
governing body of which has levied a retail sales tax pursuant to the
provisions of section 1 of P.L.1947, c.71 (C.40:48-8.15).
   The consumer choice provisions of this bill protecting the right
of ticket purchasers to resell their tickets have been in effect in New
York State for six years.
   This bill was pre-filed for introduction in the 2020-2021 session
pending technical review. As reported, the bill includes the changes
required by technical review, which has been performed.

COMMITTEE AMENDMENTS
    The committee amended the bill to:
    (1) exempt from the provisions of the bill issuers of tickets for an
entertainment event held in a venue owned or operated by an entity
                                 2

which is subject to a hotel and motel occupancy fee pursuant to section
1 of P.L.2003, c.114 (C.54:32D-1) and located in a city the governing
body of which has levied a retail sales tax pursuant to the provisions of
section 1 of P.L.1947, c.71 (C.40:48-8.15);
    (2) remove from the bill a section amending current law
concerning resellers of tickets; and
    (3) make a technical correction.

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