Tennessee General Assembly Legislation

Tickets, Admission - As enacted, requires a third-party ticket reseller, ticket broker, ticket issuer, and ticket resale website to meet certain requirements with regard to selling tickets. - Amends TCA Title 29; Title 39; Title 47; Title 48 and Title 67.

SB1043 has been assigned Public Chapter Number 474 by the Secretary of State.

Bill History
Amendments
Video
Summary
Fiscal Note
Votes

Actions For SB1043	Date
Effective date(s) 07/01/2023	05/24/2023
Pub. Ch. 474	05/24/2023
Signed by Governor.	05/17/2023
Transmitted to Governor for action.	05/09/2023
Signed by H. Speaker	05/05/2023
Signed by Senate Speaker	05/03/2023
Enrolled and ready for signatures	04/28/2023
Passed H., Ayes 94, Nays 0, PNV 2	04/20/2023
Am. withdrawn. (Amendment 1 - HA0270)	04/20/2023
Subst. for comp. HB.	04/20/2023
Rcvd. from S., held on H. desk.	04/13/2023
Sponsor(s) Added.	04/10/2023
Engrossed; ready for transmission to House	04/10/2023
Passed Senate as amended, Ayes 31, Nays 0	04/10/2023
Senate adopted Amendment (Amendment 1 - SA0277)	04/10/2023
Placed on Senate Regular Calendar for 4/10/2023	04/06/2023
Recommended for passage with amendment/s, refer to Senate Calendar Committee Ayes 9, Nays 0 PNV 0	03/20/2023
Placed on Senate Commerce and Labor Committee calendar for 3/20/2023	03/14/2023
Action deferred in Senate Commerce and Labor Committee to 3/21/2023	03/14/2023
Placed on Senate Commerce and Labor Committee calendar for 3/14/2023	03/07/2023
Passed on Second Consideration, refer to Senate Commerce and Labor Committee	02/06/2023
Introduced, Passed on First Consideration	02/02/2023
Filed for introduction	01/31/2023

Actions For HB1231	Date
Comp. became Pub. Ch. 474	05/24/2023
Sponsor(s) Added.	04/20/2023
Comp. SB subst.	04/20/2023
H. Placed on Regular Calendar for 4/17/2023	04/13/2023
Placed on cal. Calendar & Rules Committee for 4/13/2023	04/12/2023
Rec. for pass. if am., ref. to Calendar & Rules Committee	03/28/2023
Placed on cal. Commerce Committee for 3/28/2023	03/22/2023
Rec for pass if am by s/c ref. to Commerce Committee	03/21/2023
Placed on s/c cal Banking & Consumer Affairs Subcommittee for 3/21/2023	03/15/2023
Assigned to s/c Banking & Consumer Affairs Subcommittee	02/07/2023
P2C, ref. to Commerce Committee	02/02/2023
Intro., P1C.	02/01/2023
Filed for introduction	01/31/2023

Amendments Fiscal Memos
SA0277 Amendment 1-0 to SB1043

Amendments Fiscal Memos
HA0270 Amendment 1-1 to HB1231

NOTE: Each fiscal memorandum applies only to the amendment(s) identified in the memorandum. The fiscal memorandum must be matched to any amendments that have been adopted.
Videos containing keyword: SB1043
Fiscal Summary

NOT SIGNIFICANT

Bill Summary

This bill requires a third-party ticket reseller ("reseller") to do the following:

(1) Provide a consumer with certain information regarding the cost of the ticket without fees; the cost of additional mandatory fees; the cost of additional fees charged by the reseller; and the total cost of the ticket, including the costs and fees described in this (1); and

(2) Disclose the information described in item (1) conspicuously, in the same location that the ticket is offered, prior to the consumer selecting a ticket for purchase. "Same location" includes, for a sale on the internet, the webpage on which the consumer views price information for the ticket; for a sale in person, the document or other manner in which the purchase price for a ticket is shown to the consumer; and for a sale in another manner, in a manner and location that provides notice to the consumer of the information described in item (1) prior to the consumer selecting the ticket for purchase.

PROHIBITED HOLDBACKS

This bill prohibits a reseller from reserving more than 45 percent of the tickets the reseller has for an entertainment event for pre-sales or for sale to a credit card partner or other person or individual with which the reseller has a relationship, such that the tickets are not offered for sale to the general public.

PENALTY

This bill establishes that a violation of this bill constitutes a violation of the Tennessee Consumer Protection Act of 1977 and is subject to the penalties and remedies as provided in that act.

APPLICABILITY

This bill applies to sales occurring on or after July 1, 2023.

ON APRIL 10, 2023, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 1043, AS AMENDED.

AMENDMENT #1 rewrites this bill to require a third-party ticket reseller, ticket broker, ticket issuer, and ticker resale website to do the following:

(1) Disclose the total cost of a ticket, including all ancillary fees and service charges, to be paid in order to complete the purchase of a ticket, prior to the ticket being selected for purchase;

(2) Disclose the information in (1) above in a clear and conspicuous manner and in dollars. If a ticket is sold through a website, then the information required to be disclosed must be displayed in the ticket listing prior to the ticket being selected for purchase. The information disclosed must not be false or misleading and must not be presented more prominently, or in the same or larger size font, as the total price; and

(3) Not increase the price of a ticket sold through a website after a consumer has selected a ticket for purchase, excluding reasonable fees for delivery of non-electronic tickets based on the delivery method selected by the purchaser prior to payment for the ticket.

PENALTIES

This amendment expands the actions that constitute deceptive business practices and a violation of the Tennessee Consumer Protection Act of 1977 and the Tennessee Trade Mark Act of 2000 to include using or displaying any combination of text, images, website graphics, website display, or website addresses that are substantially similar to the website of an operator with the intent to mislead a potential purchaser, without written authorization.

For the purposes of this amendment, “operator” refers to an individual, firm, corporation or other entity, or an agent of such individual, firm, corporation, or other entity that owns, operates, or controls an entertainment facility in this state, such as a theater, stadium, museum, arena, amphitheater, racetrack, or other place where performances, concerts, exhibits, games, athletic events, or contests are held (“place of entertainment”), and offers for sale a first sale ticket to the place of entertainment or performance, concert, exhibit, game, athletic event, or contest.

APPLICABILITY

This amendment applies to sales occurring on or after July 1, 2023.
FiscalNote for SB1043/HB1231 filed under SB1043
House Floor and Committee Votes

House moved to substitute and conform to SB1043

SB1043 by Campbell - FLOOR VOTE: REGULAR CALENDAR PASSAGE ON THIRD CONSIDERATION 4/20/2023
Passed
          Ayes...............................................94
          Noes................................................0
          Present and not voting...................2

          Representatives voting aye were: Alexander, Barrett, Baum, Beck, Boyd, Bricken, Bulso, Burkhart, Butler, Campbell S, Camper, Capley, Carr, Carringer, Cepicky, Chism, Clemmons, Cochran, Crawford, Darby, Davis, Dixie, Doggett, Eldridge, Faison, Farmer, Freeman, Fritts, Gant, Gillespie, Glynn, Grills, Hakeem, Hale, Hardaway, Harris, Haston, Hawk, Hazlewood, Helton-Haynes, Hemmer, Hicks G, Hicks T, Holsclaw, Howell, Hulsey, Hurt, Jernigan, Johnson C, Johnson G, Kumar, Lafferty, Lamberth, Leatherwood, Littleton, Love, Lynn, Marsh, Martin B, Martin G, McCalmon, McKenzie, Miller, Mitchell, Moody, Moon, Parkinson, Pearson, Powell, Powers, Ragan, Raper, Reedy, Richey, Rudd, Rudder, Russell, Shaw, Sherrell, Slater, Sparks, Stevens, Terry, Thompson, Towns, Vaughan, Vital, Warner, White, Whitson, Williams, Wright, Zachary, Mr. Speaker Sexton -- 94.
          Representatives present and not voting were: Garrett, Todd -- 2.

          HB1231 by Hemmer - HOUSE CALENDAR & RULES COMMITTEE:
H. Placed on Regular Calendar for 4/17/2023 4/13/2023
          Voice Vote - Ayes Prevail Rep(s). Todd requested to be recorded as voting No

          HB1231 by Hemmer - HOUSE COMMERCE COMMITTEE:
Rec. for pass. if am., ref. to Calendar & Rules Committee 3/28/2023
          Voice Vote - Ayes Prevail Rep(s). Garrett requested to be recorded as voting No

          HB1231 by Hemmer - HOUSE BANKING AND CONSUMER AFFAIRS SUBCOMMITTEE:
Rec for pass if am by s/c ref. to Commerce Committee 3/21/2023
          Voice Vote - Ayes Prevail

Senate Floor and Committee Votes

SB1043 by Campbell - FLOOR VOTE: as Amended Third Consideration 4/10/2023
Passed
          Ayes...............................................31
          Noes................................................0

          Senators voting aye were: Akbari, Bailey, Bowling, Briggs, Campbell, Gardenhire, Haile, Hensley, Jackson, Johnson, Kyle, Lamar, Lowe, Massey, Niceley, Oliver, Pody, Powers, Reeves, Roberts, Rose, Southerland, Stevens, Swann, Taylor, Walley, Watson, White, Yager, Yarbro, Mr. Speaker McNally -- 31.

SB1043 by Campbell - SENATE COMMERCE AND LABOR COMMITTEE:
Recommended for passage with amendment/s, refer to Senate Calendar Committee Ayes 9, Nays 0 PNV 0 3/20/2023
Passed
          Ayes................................................9
          Noes................................................0

          Senators voting aye were: Akbari, Bailey, Johnson, Niceley, Reeves, Southerland, Swann, Watson, Yager -- 9.

SB 1043 by *Campbell

(HB 1231) by *Hemmer

Videos containing keyword: SB1043

Fiscal Summary

Bill Summary

House Floor and Committee Votes

Senate Floor and Committee Votes