H. B. 3082
(By Delegates Brown, Doyle and Proudfoot)
[Introduced
March 17, 2005
; referred to the
Committee on the Judiciary.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §61-3-58, relating
to creating the criminal offenses of scalping tickets to
sporting and other public events and scalping package
transactions for services or commodities; and, providing
criminal penalties.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §61-3-58, to read as
follows:
ARTICLE 3. CRIMES AGAINST PROPERTY.
§61-3-58. Scalping tickets to sporting or other public events;
scalping package agreements for services or
commodities.
(a) It is unlawful for any person to resell any ticket to a
sporting or other public event for a price he or she knows to be in
excess of the price under which the ticket was originally offered for sale and sold to members of the general public.
(b) It is unlawful for any person to resell any previously
transacted package agreement for recreational or vacation services
or commodities, or any portion thereof. For purposes of this
subsection, "package agreement for recreational or vacation
services or commodities" means any transaction wherein the buyer
purchases recreational or vacation services or commodities such as
lodging, passes or the like for recreational activity, recreational
equipment or clothing, recreational motor vehicles, boats or
flotation devices, meals, drinks, or any other service, item or
commodity intended for, or incidental to, any recreational activity
or vacation destination.
(c) Any person who violates the provisions of subsection (a)
or subsection (b) of this section is guilty of a misdemeanor and,
upon conviction thereof, shall be fined not more than five hundred
dollars or confined in jail not more than ten days, or both fined
and confined.
NOTE: The purpose of this bill is to create the criminal
offenses of scalping tickets to sporting and other public events
and scalping package transactions for services or commodities
while, additionally providing criminal penalties for violators.
This section is new; therefore, strike-throughs and
underscoring have been omitted.
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