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COMMITTEE REPORT
April 19, 2006
H. 4847
Introduced by Reps. Clemmons, Barfield, Edge, Hardwick, Hayes, Viers and Witherspoon
S. Printed 4/19/06--H.
Read the first time March 15, 2006.
To whom was referred a Bill (H. 4847) to amend Section 16-17-710, Code of Laws of South Carolina, 1976, relating to selling tickets to an athletic contest, sporting, entertainment, or amusement, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Chapter 1, Title 15 of the 1976 Code is amended by adding:
"Section 15-1-340. An entity offering the resale of tickets, whether offered by the entity or a third party through the entity, who violates the provisions of Section 16-17-710(C) or (D) is subject to a ten-thousand-dollar civil fine for each violation. The entity also is subject to the payment of treble damages, attorneys' fees, and costs associated with an action by a person who purchases a fraudulent ticket."
SECTION 2. Section 16-17-710 of the 1976 Code is amended to read:
"Section 16-17-710. (1)(A) It shall be Except as provided in subsection (C), it is unlawful to sell or offer for sale any a ticket good for admission to any an athletic contest, sporting, entertainment or amusement event where an admission price is charged, and request or receive a price in excess of one dollar of the price charged by the original seller.
(2)(B) Any A person violating who violates the provisions of this section shall be deemed subsection (A) is guilty of a misdemeanor and, upon conviction, shall must be fined not more than one hundred dollars or must be imprisoned for not more than thirty days. The sale or offer for sale of each ticket shall constitute constitutes a separate offense.
(C) The provisions of this section do not apply to the sale or offer for sale of a ticket to an athletic contest, sporting, entertainment, or amusement event as provided in subsection (A) if the act is authorized by the operator of the venue where the event is to be held and the operator of the venue states their resale policy in writing.
(D) If the operator of the venue authorizes the resale of tickets, the operator may impose a service charge of no more than twenty percent of the resale price plus reimbursement for taxes remitted in connection with the resale. The operator also may charge a delivery fee if delivery services are provided.
(E) The provisions of this section do not prohibit fees associated with the initial sale or delivery of a ticket."
SECTION 3. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 4. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
JAMES H. HARRISON for Committee.
TO AMEND SECTION 16-17-710, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SELLING TICKETS TO AN ATHLETIC CONTEST, SPORTING, ENTERTAINMENT, OR AMUSEMENT EVENT FOR MORE THAN THE PRESCRIBED AMOUNT, SO AS TO PROVIDE AN EXCEPTION FOR THE SALE OR OFFER FOR SALE OF A TICKET WHEN AUTHORIZED BY AN OPERATOR OF THE EVENT OR THE VENUE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 16-17-710 of the 1976 Code is amended to read:
"Section 16-17-710. (1)(A) It shall be Except as provided in subsection (C), it is unlawful to sell or offer for sale any a ticket good for admission to any an athletic contest, sporting, entertainment or amusement event where an admission price is charged, and request or receive a price in excess of one dollar of the price charged by the original seller.
(2)(B) Any A person violating who violates the provisions of this section shall be deemed subsection (A) is guilty of a misdemeanor and, upon conviction, shall must be fined not more than one hundred dollars or must be imprisoned for not more than thirty days. The sale or offer for sale of each ticket shall constitute constitutes a separate offense.
(C) The provisions of this section do not apply to the sale or offer for sale of a ticket to an athletic contest, sporting, entertainment, or amusement event as provided in subsection (A) if
the act is authorized by the operator of the event or the operator of the venue where the event is to be held."
SECTION 2. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 3. This act takes effect upon approval by the Governor.
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