HB 1430

30jan92.....4526h 3705L

4/16/92....5842s 92-2493

CofC Rpt...6064h 01

HOUSE BILL - FINAL VERSION

1992 SESSION

HOUSE BILL NO. 1430 (CHAPTER 236, LAWS OF 1992)

INTRODUCED BY: Rep. Trombly of Merrimack Dist. 4; Rep. Malcolm of

Rockingham Dist. 17

REFERRED TO: Commerce, Small Business and Consumer Affairs

AN ACT relative to the disclosure of certain information relating to musical performances.

AMENDED ANALYSIS

This bill imposes duties on promoters, places of musical entertainment and ticket agents to disclose whether all the lead vocals of a musical performance featuring vocals are pre-recorded. The bill requires the attorney general to enforce the law and grants him rulemaking authority for that purpose.

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EXPLANATION: Matter added appears in bold italics.

Matter removed appears in [brackets].

Matter which is repealed and reenacted or all new appears in regular type.

3705L

92-2493

HOUSE BILL - FINAL VERSION

HB 1430

STATE OF NEW HAMPSHIRE

In the year of Our Lord one thousand

nine hundred and ninety-two

AN ACT

relative to the disclosure of certain information

relating to musical performances.

Be it Enacted by the Senate and House of Represen-

tatives in General Court convened:

1 New Chapter; Disclosure of Information Relating to Musical Performances. Amend RSA by inserting after chapter 357-E the following new chapter:

CHAPTER 357-F

DISCLOSURE OF INFORMATION RELATING TO MUSICAL PERFORMANCES

357-F:1 Definitions. In this chapter:

I. "Musical performance" means a musical performance, show, concert or other cultural event which includes vocal performances.

II. "Person" means any corporation, company, association, firm, partnership, and joint stock company as well as any individual.

III. "Place of musical entertainment" means any privately or publicly owned and operated entertainment facility within the state, such

as a theater, stadium, arena or other place where musical performances are held and for which an entry fee is charged.

IV. "Promoter" means any person who produces, arranges, or stages a musical performance.

V. "Ticket" means any piece of paper which indicates that the bearer has paid for entry or other evidence which permits entry to a place of musical entertainment.

VI. "Ticket agent" means any person who is involved in the business of selling or reselling tickets or admission to a musical performance who charges a premium in excess of the price, plus taxes, printed on the ticket.

357-F:2 Disclosure Required. When the promoter knows, prior to the sale of any tickets for a musical performance which includes, either in whole or in part, vocal performances, the promoter shall disclose whether all the lead vocals consist of played recordings rather than the actual singing of those vocalists during that performance. The disclosure required under this section shall consist of the following:

I. Notice, in writing, to the place of musical entertainment where the musical performance is to be held; and

II. Notice, in writing, to every ticket agent receiving tickets for the musical performance in which all the lead vocals consist of played recordings rather than the actual singing of those vocalists.

357-F:3 Duties of Place of Musical Entertainment.

I. A place of musical entertainment shall, upon receipt of a promoter's disclosure that all the lead vocals consist of played recordings rather than the actual singing of those vocalists, print on the face of

each ticket, in a prominent and conspicuous manner, substantially the following: "(Insert name of lead vocalist or musical group) VOCALS PRE-RECORDED."

II. In addition to the requirements under paragraph I, the place of musical entertainment shall, in each advertisement for that musical performance provide the following:

(a) In each printed advertisement in a prominent and conspicuous manner, a disclosure that either all the lead vocals consist of played recordings rather than the actual singing of the lead vocalists. The disclosure shall consist of substantially the following: "(Insert name of lead vocalist or musical group) VOCALS ARE PRE-RECORDED."

(b) In each radio or telecommunication advertisement in a clear and prominent manner, a statement consisting of substantially the following statement: "THE LEAD VOCALS IN THIS MUSICAL PERFORMANCE ARE PRE-RECORDED AND WILL NOT ACTUALLY BE SUNG BY (Insert name of lead vocalist or musical group) DURING THIS SHOW."

357-F:4 Duties of Ticket Agent. Every ticket agent receiving tickets for sale or resale to a musical performance in which all the lead vocals consist of played recordings rather than the actual singing of the lead vocalists, shall:

I. Display, in a location immediately adjacent to the booth, counter, or window where the tickets are sold, a prominent and conspicuous notice consisting of substantially the following: "THE LEAD VOCALS IN (Insert name of musical performance) ARE PRE-RECORDED AND WILL NOT ACTUALLY BE SUNG BY (insert name of lead vocalist or musical group) DURING THIS

SHOW."

II. State, prior to the completion of any telephone sales transaction involving tickets to a musical performance in which all the lead vocals consist of played recordings rather than the actual singing of the lead vocalists, substantially the following: "THE LEAD VOCALS IN (Insert name of musical performance) ARE PRE-RECORDED AND WILL NOT ACTUALLY BE SUNG BY (Insert name of lead vocalist or musical group) DURING THIS SHOW."

357-F:5 Penalties. Notwithstanding title LXII:

I. Any ticket agent who violates the provisions of RSA 357-F:4 shall be guilty of a misdemeanor.

II. Any promoter or place of musical entertainment violating the provisions of this chapter shall be guilty of a misdemeanor.

357-F:6 Enforcement. The attorney general shall enforce the provisions of this chapter and shall adopt such rules, pursuant to RSA 541-A, as he deems reasonable and necessary in order to properly carry out his duties under this chapter.

2 Effective Date. This act shall take effect January 1, 1993.

LBAO

LSR 92-2493 *

Amended 1/30/92

FISCAL NOTE for an act relative to the disclosure of certain information and refunds relating to musical performances.

FISCAL IMPACT:

The Department of Justice indicates this bill, as amended by the House, will increase state expenditures by an undeterminable amount. There is no impact on state, county and local revenues and on county and local expenditures.

METHODOLOGY:

The Department states it cannot carry out the actions of the proposed legislation without additional staff and associated funding.

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