Senate committee advances bill limiting ticket resale above face value, adds $3 cap amendment

The Senate Committee on Water, Land, Culture and the Arts voted to advance SB 3019 on Feb. 9 with amendments that would cap secondary ticket resale at no more than $3 above the primary venue price and send the measure on to the Consumer Protection and Judiciary committees.

The bill, introduced as a consumer‑protection measure, would prohibit the sale of tickets at a price higher than the amount charged by the primary venue ticket provider for events held in the state and would authorize the Department of Commerce and Consumer Affairs (DCCA) to adopt rules imposing fines for violations. Emma Olsen of the Office of Consumer Protection testified that the department stood on written testimony in opposition and preferred a ticket‑fee transparency approach embodied in a separate bill (SB2031).

Industry witnesses and venue representatives urged the committee to adopt resale price‑cap language. Rick Bartolini, a long‑time Hawaii concert promoter, told the committee that resale frequently places local residents at a disadvantage and noted specific high markups on local events. Kendall Gilvar of the National Independent Venue Association said resale price caps reduce incentives for botting, fake tickets and extreme markups on dominant secondary marketplaces.

Chair Lee said the committee would adopt language patterned on an existing Rhode Island statute and moved the bill with that amendment. The amendment limits resale to not more than $3 above the original sale price; the committee adopted the motion. The roll call recorded Chair Lee “Aye,” the vice chair “Aye,” Senator Lomasao “Aye” and Senator DeCote “Aye.” Senator Chang was recorded as excused.

DCCA officials had warned enforcement could be difficult when resellers operate from outside state jurisdiction, and testified that their office sees ticket transparency—requiring fees be displayed up front—as a priority for consumer enforcement. The committee noted those concerns and referred the measure to the appropriate committees to reconcile enforcement, rulemaking and the newly adopted cap.

The committee report will note the adopted amendment and the intent that DCCA and Judiciary consider enforcement pathways and any necessary rulemaking if the bill moves forward.