Mr. Speaker:

I hereby move to amend 98 -- H 8033 entitled "AN ACT RELATING TO BUSINESSES AND PROFESSIONS -- SHOWS AND EXHIBITIONS ", as follows:

By deleting all of the language following the enacting clause and substituting the following language therefor:

"SECTION 1. Section 5-22-26 of the General Laws in Chapter 5-22 entitled "Shows and Exhibitions" is hereby repealed in it's entirety.

5-22-26. Ticket speculators. -- No person shall sell, offer for sale, or attempt to sell any ticket, privilege, or license of admission to an entertainment event, including, but not limited to, any place of public amusement, arena, stadium, theater, performance, sport, exhibition, or athletic contest in this state at a price greater than the price, including tax, printed thereon, and a reasonable service charge for services actually rendered not to exceed three dollars ($3.00) or ten percent (10%) of the price printed on the ticket, whichever is greater. The owner or operator of the property on which an entertainment event is to be held or is being held may authorize, in writing, any person to sell a ticket, privilege, or license of admission at a price in excess of that authorized under this section. That writing shall specify the price for which the ticket, privilege, or license of admission is to be sold. Any person violating any provision of this section shall be guilty of a misdemeanor and shall be fined not more than one thousand dollars ($1,000) for each offense.

SECTION 2. Title 5 of the General Laws entitled "Businesses and Professions" is hereby amended by adding thereto the following chapter:

5-22.1-1. Short title. -- This chapter shall be known as and may be cited as the "Ticket Sales Act".

55-22.1-2. Unlawful ticket sales. -- (a) Except as otherwise provided in subsection (b) of this section it is unlawful for any person, persons, firm or corporation to sell tickets for sporting events, theater entertainments, musical performances or any other public entertainment or amusement for a price more than the printed box office ticket price plus a reasonable service charge for a service actually rendered.

(b) This chapter does not apply to the sale of tickets of admission to a sporting event, theater, musical performance, or place of public entertainment or amusement of any kind for a price in excess of the printed box office ticket price by a ticket broker who meets all of the following requirements:

(1) The ticket broker is duly registered with the Department of Business Regulation on a registration form provided by that department. The registration must contain a certification that the ticket broker:

(A) engages in the resale of tickets on a regular and ongoing basis from one (1) or more permanent or fixed locations within this state;

(B) maintains as one of the principal business activities at those locations the resale of tickets;

(C) displays at those locations the ticket broker's registration;

(D) maintains at those locations a listing of the names and addresses of all persons employed by the ticket broker;

(E) is in compliance with all applicable federal, state and local laws relating to its ticket selling activities, and that neither the ticket brokers nor any of its employees within the preceding twelve (12) months have been convicted of a violation of this chapter; and

(F) meets the following additional requirements:

(i) maintains a statewide toll free number for consumer complaints and inquiries;

(ii) has adopted a code that advocates consumer protection that includes, at a minimum:

(a-1) consumer protection guidelines;

(b-1) a standard refund policy; which shall include a refund in full for a canceled event; and

(c-1) standards of professional conduct;

(iii) has adopted a procedure for the binding resolution of consumer complaints by an independent, disinterested third party; and

(iv) has established and maintains a consumer protection rebate fund to fully rebate all monies paid to the broker by its customers as admission to any given sporting event, theater, musical performance or other public entertainment or amusement. This consumer rebate fund shall be in the form of a bond in the minimum amount of fifty thousand dollars ($50,000), evidence of which shall be filed with the department. In addition, the ticket broker shall also make available at least five thousand dollars ($5,000) for immediate disbursement for satisfaction of valid consumer complaints.

5-22.1-3. Sitting or standing near facilities. -- The ticket broker and his employees must not engage in the practice of selling, or attempting to sell, tickets for any event while sitting or standing near the facility at which the event is to beheld or is being held.

However, a non-ticket broker or a person who is not an employee of a ticket broker may sell tickets at the location of sporting events, theater entertainments, musical performances or any other amusement for the exact printed box office ticket price, without the imposition of criminal penalties.

5-22.1-4. Registration. -- No ticket broker shall advertise for resale any tickets within this state unless the advertisement contains the name of the ticket broker and the Rhode Island registration number issued by the Department of Business Regulation under this section.

Each ticket broker registered under this chapter shall pay an annual registration fee of one hundred dollars ($100).

5-22.1-5. Penalties. -- Any person violating the provisions of this chapter shall be guilty of a misdemeanor and shall be fined not more than one thousand dollars ($1,000) for each offense.

SECTION 3. This act shall take effect upon passage and shall be repealed one year from the date of passage unless reenacted by subsequent legislation."

Respectfully submitted,

WILLIAM J. MURPHY
Representative, District 39

The motion to amend is read and prevails on a roll call vote, 78 members voting in the affirmative and 4 members voting in the negative as follows:

YEAS - 78: Representatives Aiken, Ajello, Amaral, Anderson, M., Anderson, S., Anzeveno, Benoit, Benson, Bierman, Bramley, Callahan, Cambio, Campbell, Carter, Caruolo, Castro, Cicilline, Coderre, Coelho, Costantino Dennigan, DeSimone, Faria, Farrell, Ferguson, Flaherty, Fleury, Fox, Garvey, George, Giannini, Ginaitt, Heffner, Henseler, Iannitelli, Iwuc, Kelley, Kelso, Kennedy, Kilmartin, Lally, Lanzi, Levesque, C., Lima, Long, Lopes, Lowe, Malik, McCauley, McGowan, McNamara, Menard, Metts, Montalbano, Montanaro, Moura, Munschy, Murphy, Naughton, Falangio, Falumbo, Fanciera, Fires, Fisaturo, Rabideau, Rose, San Bento, Shavers, Sherlock, Simonian, Slater, Smith, Voccola, Walter, Wasylyk, Watson, Williams, Winfield.

NAYS - 4: Representatives Little, Ficard, Salisbury, Scott.

Read and passed, as amended, on a roll call vote, 75 members voting in the affirmative and 6 members voting in the negative as follows:

YEAS - 75: Representatives Aiken, Ajello, Amaral, Anderson, M., Anderson, S., An:':eveno, Benoit, Benson, Bierman, Bramley, Cambio, Carter, Caruolo, Cicilline, Coderre, Coelho, Costantino, Dennigan, DeSimone, Faria, Farrell, Ferguson, Flaherty, Fleury, Fox, Garvey, George, Giannini, Ginaitt, Heffner, Henseler, Iannitelli, Iwuc, Kelley, Kelso, Kennedy, Kilmartin, Lally, Lanzi, Levesque, C., Lima, Little, Long, Lopes, Lowe, Malik, Martineau, McCauley, McGowan, McNamara, Menard, Montalbano, Montanaro, Moura, Munschy, Murphy, Naughton, Falangio, Falumbo, Fanciera, Fisaturo, Rabideau, Rose, San Bento, Shavers, Sherlock, Simonian, Slater, Smith, Voccola, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS - 6: Representatives Callahan, Campbell, Levesque, G., Ficard, Salisbury, Scott.

29. (98-H 7689) An Act relating to public property and works- authorizing the transfer of property in the town of North Kingstown to the Rhode Island Economic Development Corporation.

Committee on Corporations recommends passage.

Representative Benson moves to recommit the act, seconded by Representative Henseler.

There is no objection.

The act is recommitted, by unanimous consent, onavoicevote.

Read and referred to the Committee on Corporations.

30. (98-S2421) An Act relating to health and safety State Fire Marshal.

Committee on Judiciary recommends passage in concurrence.

Read and passed, in concurrence, on motion of Representative Flaherty, seconded by Representatives Faria and Salisbury, on a roll call vote, 79 members voting in the affirmative and 1 member voting in the negative as follows:

YEAS - 79: Representatives Aiken, Ajello, Amaral, Anderson, M., Anderson, S., Anzeveno, Benoit, Benson, Bierman, Bramley, Callahan, Cambio, Campbell, Carter, Caruolo, Cicilline, Coderre, Coelho, Costantino, Dennigan, DeSimone, Faria, Farrell, Ferguson, Flaherty, Fleury, Fox, Garvey, Geolge, Giannini, Ginaitt, Heffner, Henseler, Iannitelli, Iwuc, Kelley, Kelso, Kennedy, Kilmartin, Lanzi, Levesque, C., Levesque, G., Lima, Little, Long, Lowe, Malik, Martineau, McCauley, McNamara, Menard, Montalbano, Montanaro, Moura, Munschy, Murphy, Naughton, Falangio, Falumbo, Fanciera, Ficard, Fires, Fisaturo, Rabideau, Rose, Salisbury, San Bento, Scott, Shavers, Sherlock, Simonian, Slater, Smith, Voccola, Wasylyk, Watson, Williams, Williamson, Winfield.

NAYS - 1: Representative McGowan.