Ticket resales
H 3449 includes two texts: MA expands local climate-action demos with housing conditions; SC caps resold tickets' price and tightens penalties.
H 3449 includes two texts: MA expands local climate-action demos with housing conditions; SC caps resold tickets' price and tightens penalties.
Note on source material
- The materials provided include two distinct and incompatible texts under the label “H 3449.” One is a Massachusetts bill titled “An Act to further empower local climate action” (amendments to a 2022 demonstration project). The other is a South Carolina-style draft amending ticket resale laws. Below are clear, separate summaries of each text and the mixed procedural notes that accompany them.
Purpose
- Amends Section 84 of chapter 179 of the acts of 2022 to change how municipalities may join a state “demonstration project” (related to energy/climate programs) and to condition participation on local housing actions.
Key provisions
- Raises the cap on the number of municipal approvals the Department of Energy Resources (DOER) may issue from 10 to 20.
- Prohibits a city or town from applying to join the demonstration project until it has either (a) obtained local approval as defined in the statute or (b) submitted a home rule petition to the General Court on the subject.
- DOER must issue approvals to no more than 20 applicants, in application order.
- To promote housing production, DOER must withhold approval for a municipality until the municipality either:
1. Has met the 10% affordable housing threshold under Chapter 40B or has achieved “safe harbor” via an approved Housing Production Plan from the Department of Housing and Community Development (DHCD); OR
2. Has approved a zoning ordinance/by-law providing at least one reasonably sized district where multi‑family housing is permitted as‑of‑right (no age restrictions; suitable for families with children).
- Municipalities that had 10% affordability as of December 21, 2020 are deemed compliant.
- Removes a phrase referencing “home rule petitions to the general court” in one sentence (technical edit).
- Authorizes DOER, with EOEEA and EOHED consultation, to promulgate implementing regulations no later than July 1, 2026.
Who is affected
- Cities and towns seeking to participate in the state demonstration project; DOER; DHCD; local housing developers and residents (through zoning/housing-production implications).
Procedural/timeline notes
- Sponsors: Rep. Christine Barber and several co-petitioners.
- Regulations deadline: July 1, 2026.
- Related legislative actions in the file show referral to committees on Telecommunications, Utilities and Energy and Labor, Commerce and Industry and a hearing scheduled for 10/29/2025.
Purpose
- Restricts secondary ticket resale pricing and imposes consumer-protection and enforcement provisions.
Key provisions
- Caps resale price: a reseller may request/receive no more than $1 above the original ticket price.
- Creates an exception for “open market event tickets” resold via internet sites or permitted physical locations when the reseller guarantees a full refund if (a) the event is canceled (excluding disclosed delivery/processing fees), (b) the buyer is denied admission (unless buyer’s fault), or (c) the ticket is not delivered causing inability to attend.
- Defines “open market event ticket” (excludes higher education venues unless institution pre‑authorizes resale).
- Defines “permitted physical location” (public property, third‑party property, or venue owner‑authorized areas).
- Enforcement: violation is a misdemeanor — fine up to $100 or up to 30 days imprisonment; each ticket resale/offer is a separate offense.
- Amends enforcement/consumer protection: purchasing more tickets than the original seller’s posted limit, with intent to resell above $1 over price, violates the state Unfair Trade Practices Act (UTPA) and carries UTPA penalties; ties Section 16-17-710 violations to UTPA remedies.
- Effective upon Governor’s approval.
Who is affected
- Individual and commercial ticket resellers, ticketing platforms, event venues (including higher education institutions), and consumers buying resale tickets.
Procedural/timeline notes
- The SC text indicates immediate effect upon gubernatorial approval.
If you want, I can:
- Verify which jurisdiction (MA or SC) you want a finalized summary for and produce a one‑page brief tailored to that state; or
- Produce a redlined comparison highlighting where the two texts diverge and recommended clarifying edits for docket accuracy.
Compiled from official sources — confirm details with the bill’s official record.
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