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SB3019
THE SENATE
S.B. NO.
3019
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII
A BILL FOR AN ACT
Relating
to consumer protection
.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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SECTION 1.
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The legislature finds that popular events
held in the State attract secondary market profiteers, commonly known as
scalpers.
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Scalpers often utilize
computer software to navigate a ticket-selling platform and its security
measures in a fraction of the time as a human being to purchase multiple
tickets and conduct multiple transactions simultaneously.
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For example, in 2018, thousands of tickets
for a concert held in the State by recording artist Bruno Mars ended up on
third-party websites at inflated prices.
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Accordingly,
the purpose of this Act is to eliminate the impact of scalpers on Hawaii
residents by prohibiting
tickets to be sold at a higher
price than the original price charged by the primary venue ticket provider
and authorizing the department of commerce and consumer affairs to adopt rules
to impose fines for violations of this Act.
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SECTION
2.
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Chapter 481B, Hawaii Revised
Statutes, is amended by adding a new section to be appropriately designated and
to read as follows:
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�481B-
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Event ticket sales; price scalping
prohibited; exception.
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(a)
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It shall be unlawful for
any person to sell or offer for sale event tickets for any event held in the
State at a price greater than the original price as charged by the primary
venue ticket provider.
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This section
shall not apply to a charitable organization, as defined in section 467B-1, or
its employees and volunteers for event tickets resold or offered for resale
through a raffle, auction, or similar fundraising activity for the benefit of a
charitable organization's charitable purposes.
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(b)
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The department of commerce and consumer
affairs may adopt rules pursuant to chapter 91 to implement this section,
including imposing fines for any violations.
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(c)
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For the purposes of this section,
"primary venue ticket provider" means an owner or operator of a venue
or sports team, manager or provider of an event, event promoter, a provider of
ticketing services or an agent of the owner, operator, manager, or provider,
that engages in the primary sale of event tickets or retains the authority to
otherwise distribute tickets.
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SECTION
3
.
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Section
481B-15, Hawaii Revised Statutes, is repealed.
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["
[�481B-15]
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Ticket
brokers; fees; cancellation.
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(a)
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No
ticket broker shall charge a fee for the use of a credit card to purchase
tickets without first disclosing that a fee will be charged.
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(b)
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A ticket broker shall refund any and all
service fees charged for the purchase of a ticket when the public exhibition,
game, contest, or performance for which the ticket was purchased is canceled.
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(c)
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For the purposes of this section,
"ticket broker" means any person engaged in the business of selling
tickets of admission or any other evidence of right of entry to a theater,
place of amusement or entertainment, or other place where public exhibitions,
games, contests, or performances are held, at a price greater than the price
printed on the ticket.
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SECTION
4.
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If any provision of this Act, or the
application thereof to any person or circumstance, is held invalid, the
invalidity does not affect other provisions or applications of the Act that can
be given effect without the invalid provision or application, and to this end
the provisions of this Act are severable.
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SECTION
5.
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This Act does not affect rights and
duties that matured, penalties that were incurred, and proceedings that were
begun before its effective date.
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SECTION
6.
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Statutory material to be repealed is
bracketed and stricken.
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New statutory
material is underscored.
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SECTION
7.
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This Act shall take effect on July 1,
2026.
INTRODUCED BY:
_____________________________
Report Title:
DCCA; Event
Ticket Sales Practices; Ticket Scalping; Prohibited; Ticket Brokers; Repeal;
Rules
Description:
Prohibits
the sale of tickets at higher price than the original price charged by the
primary venue ticket provider for events held in the State.
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Permits the Department of Commerce and
Consumer Affairs to adopt rules to impose fines for any violations.
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Repeals provisions relating to ticket
brokers.
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The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.