senate Bill S38

2013-2014 Legislative Session

Requires travel agents to be registered with the department of state, and provides for the regulation thereof; repealer

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to consumer protection
Jan 09, 2013 referred to consumer protection

S38 - Bill Details

Current Committee:
Law Section:
General Business Law
Laws Affected:
Rpld & add Art 10-A §§155 - 159, Gen Bus L; amd §154, Ec Dev L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S2791
2009-2010: S7944

S38 - Bill Texts

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Requires travel agents to be registered with the department of state, and provides for the regulation thereof.

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BILL NUMBER:S38

TITLE OF BILL:
An act
to amend the general business law and the economic development law, in
relation to requiring travel consultants and travel promoters located or
doing business in this state to be registered with the department of
state; and to repeal article 10-A of the general business law relating
to the truth in travel act

PURPOSE:
The promotion and sale of travel is of such volume that it is in the
best interest of the public that all sellers of travel in New York
State be required to register with the Department of State for the
purpose of safeguarding the public against fraud, false advertising
and misrepresentation.

SUMMARY OF PROVISIONS:
Section 1 of this bill repeals article 10-A of the General Business
Law, the "Truth in Travel Act," and adds critical consumer protection
functions which shall also be included in a new article 10A:

-Section 155 establishes that the promotion of travel is at such a
volume that all travel agents be subject to an annual registration
and monitoring by the Department of State.

-Section 155-a sets forth definitions used in this article.

-Section 156 establishes that a travel agent shall not operate or do
business in New York without first being registered with the
Department of State.

-Section 156-a sets forth provisions for the application process with
the Department of State.

-Section 156-b establishes conditions for registration.

-Section 156-c establishes a set of rules pertaining to the registrant.

-Section 156-d establishes grounds for denial, suspension or
revocation of registration.

-Section 156-e establishes state preemption.

-Section 157 provides regulations for business conduct between
consumers and travel agents including that all contracts for travel
are voidable by the consumer where a registration number is not
provided by the agent.

-Section 157-a states prohibited practices by travel consultants.

-Section 157-b states prohibited practices by travel promoters.

-Section 158 sets forth applicable violations and penalties.

-Section 159 establishes severability.


Section 2 makes necessary amendments to the state economic development
law in relation to new Article 10-A of the General Business Law
dealing with the establishment of a searchable registry available to
the public through the department's tourism website.

Section 3 sets forth an effective date of the first of January after
it shall have become law.

JUSTIFICATION:
Travel agents provide a necessary and valuable function to consumers
needing assistance with planning of any type of travel or vacation
plans or arrangements. Travel agents are especially useful to those
who are unable to make their own travel plans or prefer not to do so.

In New York, there have been businesses engaging in fraudulent travel
agency activities. The common practice of such a business is to open
shop and operate for a few weeks or months only to close without
rendering services that have been promised and paid for. Similarly,
there are travel agents who carry false credentials obtained by
questionable means. These travel agents should not be able to remain
in business.

This bill provides for the creation of a registry of travel agents
operating or doing business in New York, those who are deemed travel
promoters, travel consultants, and those otherwise in the business of
selling travel. To become listed in the registry, a person or
business that sells travel must go through a level of vetting by the
Department of State. The intention is to provide consumers with a
mechanism by which to assess if a travel agent is properly operating
within New York. Using either the Department of State or the
Department of Tourism website, a consumer will be able to validate
that their agent is registered and in good standing.

PRIOR LEGISLATIVE HISTORY:
2011-12: S.2791
2010: S.7944 Referred to Consumer Protection; A.11336
Referred to Economic Development.

FISCAL IMPLICATIONS:
Undetermined, though it is anticipated to be cost-neutral.

EFFECTIVE DATE:
This act shall take effect on the first of January next succeeding the
date on which it shall have become a law; provided that, effective
immediately, the Department of State and the Secretary of State are
authorized and directed to complete any and all actions necessary to
implement the provisions of article 10-A of the general business
law, as added by section one of this act, on its effective date.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   38

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen. PERALTA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Consumer Protection

AN ACT to amend the general business law and  the  economic  development
  law,  in relation to requiring travel consultants and travel promoters
  located or doing business in this state  to  be  registered  with  the
  department  of  state; and to repeal article 10-A of the general busi-
  ness law relating to the truth in travel act

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Article 10-A of the general business law is REPEALED and a
new article 10-A is added to read as follows:
                              ARTICLE 10-A
                        SELLERS OF TRAVEL AGENTS
SECTION 155.   LEGISLATIVE INTENT.
        155-A. DEFINITIONS.
        156.   DOING BUSINESS WITHOUT REGISTRATION PROHIBITED.
        156-A. APPLICATION FOR REGISTRATION.
        156-B. CONDITIONS PRECEDENT TO REGISTRATION.
        156-C. REGISTRATION.
        156-D. GROUNDS FOR DENIAL, SUSPENSION OR REVOCATION OF REGISTRA-
                 TION.
        156-E. PREEMPTION.
        156-F. REGULATIONS.
        157.   TRAVEL AGREEMENTS.
        157-A. PROHIBITED PRACTICES BY TRAVEL CONSULTANTS.
        157-B. PROHIBITED PRACTICES BY TRAVEL PROMOTERS.
        158.   VIOLATIONS AND PENALTIES.
        159.   SEVERABILITY.
  S 155. LEGISLATIVE INTENT. IT IS HEREBY DETERMINED AND  DECLARED  THAT
THE  PROMOTION  OF  TRAVEL, EITHER INDIVIDUALLY OR AS A GROUP, IS NOW OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00336-01-3

S. 38                               2

SUCH VOLUME THAT IT IS IN THE PUBLIC  INTEREST  TO  SUBJECT  IT  TO  THE
REGISTRATION  BY  AND THE SUPERVISION OF THE DEPARTMENT OF THE STATE FOR
THE PURPOSE OF SAFEGUARDING THE PUBLIC AGAINST FRAUD, FALSE ADVERTISING,
MISREPRESENTATION AND SIMILAR ABUSES.
  S 155-A. DEFINITIONS. AS USED IN THIS ARTICLE:
  1. "APPLICANT"  MEANS A TRAVEL AGENT WHO HAS FILED AN APPLICATION WITH
THE DEPARTMENT FOR A REGISTRATION.
  2. "DEPARTMENT" MEANS THE DEPARTMENT OF STATE.
  3. "MERCHANT ACCOUNT NUMBER" MEANS AN IDENTIFYING NUMBER  GIVEN  BY  A
FINANCIAL  INSTITUTION  TO  A  MERCHANT  FOR PURPOSES OF IDENTIFYING THE
MERCHANT IN THE PROCESSING OF CREDIT CARDS AND/OR DEBIT CARDS.
  4. "REGISTRANT" MEANS A TRAVEL AGENT THAT HAS BEEN ISSUED A  REGISTRA-
TION IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE.
  5. "SECRETARY" MEANS THE SECRETARY OF STATE.
  6. "TIME SHARE" MEANS AN INTEREST IN ANY ARRANGEMENT, PLAN, SCHEME, OR
SIMILAR  DEVICE,  WHETHER  BY  MEMBERSHIP, AGREEMENT, TENANCY IN COMMON,
SALE, LEASE, DEED, RENTAL AGREEMENT, LICENSE, OR RIGHT-TO-USE  AGREEMENT
OR BY ANY OTHER MEANS, WHEREBY THREE OR MORE PURCHASERS, IN EXCHANGE FOR
CONSIDERATION,  RECEIVE  OWNERSHIP  RIGHTS IN OR A RIGHT TO USE THE SAME
ACCOMMODATIONS OR FACILITIES IN REAL PROPERTY, OR  BOTH,  FOR  DIFFERENT
INTERVALS OF LESS THAN A FULL YEAR DURING ANY GIVEN YEAR, BUT NOT NECES-
SARILY FOR CONSECUTIVE YEARS, AND WHICH EXTEND FOR A PERIOD OF MORE THAN
THREE  YEARS  OR  WHICH,  FOR  NOMINAL  CONSIDERATION, MAY BE RENEWED TO
CONTINUE FOR A PERIOD OF MORE THAN THREE YEARS.
  7. "TRAVEL AGENT" MEANS  ANY  TRAVEL  PROMOTER  OR  TRAVEL  CONSULTANT
HAVING  A PLACE OF BUSINESS IN THIS STATE OR OFFERING TRAVEL SERVICES TO
ANY PERSON IN THIS STATE.
  THE TERM "TRAVEL AGENT" SHALL NOT INCLUDE:
  A. ANY AGENT WHO IS PROVIDING SERVICES EXCLUSIVELY FOR  MEMBERS  IN  A
MEMBERSHIP ORGANIZATION;
  B.  ANY  AGENT  WHO IS PROVIDING SERVICES EXCLUSIVELY FOR EMPLOYEES OR
AGENTS OF A BUSINESS ENTITY REGISTERED WITH THE DEPARTMENT;
  C. AN EMPLOYEE, WHO IN CONNECTION  WITH  THE  BUSINESS  OF  BEING  THE
DIRECT  SUPPLIER  OF  ACCOMMODATIONS,  ALSO  PROVIDES OTHER LOCAL TRAVEL
SERVICES THAT ARE PURCHASED FROM ANOTHER PERSON OR BUSINESS;
  D. ANY PERSON ENGAGED SOLELY IN THE BUSINESS OF  RENTING  MOTOR  VEHI-
CLES; OR
  E.  ANY PERSON, FIRM, CORPORATION, LIMITED LIABILITY COMPANY, PARTNER-
SHIP OR ASSOCIATION, OR EMPLOYEE THEREOF, WHICH ONLY SELLS OR OFFERS FOR
SALE TRAVEL SERVICES THAT ARE PROVIDED  BY  SUCH  PERSON,  FIRM,  CORPO-
RATION,  LIMITED  LIABILITY  COMPANY, PARTNERSHIP OR ASSOCIATION, OR ANY
AFFILIATE THEREOF.
  8. "TRAVEL CONSULTANT"  MEANS  ANY  PERSON,  FIRM,  LIMITED  LIABILITY
COMPANY,  CORPORATION,  PARTNERSHIP  OR ASSOCIATION, OTHER THAN A COMMON
CARRIER OR EMPLOYEE OF A COMMON CARRIER,  WHO  AS  PRINCIPAL  OR  AGENT,
SELLS  OR  OFFERS  FOR SALE ANY TRAVEL TICKETS OR ORDERS FOR TRANSPORTA-
TION, OR NEGOTIATES FOR OR HOLDS HIMSELF OR HERSELF OUT BY SOLICITATION,
ADVERTISEMENT  OR  OTHERWISE  AS  ONE  WHO  SELLS,  PROVIDES,  FURNISHES
CONTRACTS  OR ARRANGES FOR SUCH TRAVEL TICKETS OR ORDERS FOR TRANSPORTA-
TION.
  FOR THE PURPOSES OF THIS ARTICLE, "CARRIER" MEANS  ANY  PERSON,  FIRM,
LIMITED  LIABILITY  COMPANY,  CORPORATION,  PARTNERSHIP  OR  ASSOCIATION
ENGAGED IN THE BUSINESS OF TRANSPORTING PERSONS FOR HIRE.
  9. "TRAVEL PROMOTER" MEANS  ANY  PERSON,  FIRM,  CORPORATION,  LIMITED
LIABILITY  COMPANY,  PARTNERSHIP  OR  ASSOCIATION,  OTHER  THAN A COMMON
CARRIER OR EMPLOYEE OF A COMMON CARRIER, WHO IS PRIMARILY ENGAGED IN THE

S. 38                               3

DIRECT SOLICITATION OF PERSONS, BY MAIL OR TELEPHONE, FOR  THE  SALE  OF
ANY TRAVEL OR VACATION INVESTMENTS, GOODS, PRODUCTS OR SERVICES, INCLUD-
ING,  BUT  NOT LIMITED TO TRAVEL OR TOUR BENEFITS, REAL PROPERTY, INTER-
ESTS  IN REAL PROPERTY, TIME SHARES, LODGING, COMMODITIES OR SECURITIES.
FOR PURPOSES OF THIS ARTICLE, A "TRAVEL PROMOTER" DOES NOT INCLUDE:
  A. A PERSON, FIRM, CORPORATION, LIMITED LIABILITY COMPANY, PARTNERSHIP
OR ASSOCIATION THAT IS AN OFFICIALLY APPOINTED AGENT OF A COMMON CARRIER
AND MEETS STANDARDS NO LESS THAN THOSE REQUIRED FOR AUTHORIZED AGENTS OF
THE AIRLINE REPORTING CORPORATION;
  B. A PERSON, FIRM, CORPORATION, LIMITED LIABILITY COMPANY, PARTNERSHIP
OR ASSOCIATION THAT IS A REGISTERED  MEMBER  IN  GOOD  STANDING  OF  THE
CRUISE  LINES  INTERNATIONAL  ASSOCIATION AND WHO SOLELY SOLICITS AND/OR
SELLS TRAVEL SERVICES AND PRODUCTS AS AN OFFICIALLY APPOINTED  AGENT  OF
ONE  OR  MORE  OCEAN  CARRIERS IN THE SALE OF THE OCEAN CARRIER'S TRAVEL
SERVICES PURSUANT TO THE AGENCY APPOINTMENT; OR
  C. A BROKER-DEALER REGISTERED WITH THE SECURITIES AND EXCHANGE COMMIS-
SION OR THE DEPARTMENT OF LAW WHO IS ENGAGED IN THE SALE  OF  SECURITIES
OR  COMMODITIES  OR SALE OR RENTAL OF REAL ESTATE PURSUANT TO ITS REGIS-
TRATION.
  10. "TRAVEL SERVICES" MEANS TRANSPORTATION, ACCOMMODATIONS IN LODGINGS
SUCH AS HOTELS, MOTELS OR MOTOR COURTS, RENTAL OF MOTOR VEHICLES, OR ANY
OTHER SERVICE RELATED TO TRAVEL. FOR PURPOSES OF THIS  ARTICLE,  "TRAVEL
SERVICES" SHALL INCLUDE INVESTMENTS IN TIME SHARES.
  S  156.  DOING  BUSINESS WITHOUT REGISTRATION PROHIBITED. 1. NO TRAVEL
AGENT SHALL OPERATE OR DO BUSINESS IN THIS STATE EXCEPT AS AUTHORIZED BY
THIS ARTICLE AND WITHOUT FIRST BEING REGISTERED BY THE DEPARTMENT.
  2. EVERY REGISTERED TRAVEL AGENT SHALL CONSPICUOUSLY PRINT UPON  EVERY
DOCUMENT CREATED FOR SUCH AGENT, THE REGISTRATION NUMBER ASSIGNED TO THE
TRAVEL  AGENT  BY  THE DEPARTMENT. FOR THE PURPOSES OF THIS SUBDIVISION,
"DOCUMENT" SHALL INCLUDE BUSINESS  CARDS,  PERSONALIZED  STATIONERY  AND
EVERY  OTHER  DOCUMENT  CREATED  BY THE TRAVEL AGENT SPECIFICALLY FOR AN
INDIVIDUAL CLIENT OR CUSTOMER. FURTHERMORE,  EVERY  TRAVEL  AGENT  SHALL
CONSPICUOUSLY POST HIS OR HER REGISTRATION NUMBER AT HIS OR HER PLACE OF
BUSINESS  AT  A LOCATION REGULARLY OPEN TO THE PUBLIC.  ANY VIOLATION OF
THIS SUBDIVISION SHALL GRANT ANY CUSTOMER OF THE TRAVEL AGENT THE OPTION
TO VOID ANY CONTRACT WITH SUCH AGENT WITHOUT PENALTY OR LIABILITY.
  S 156-A. APPLICATION FOR REGISTRATION. 1. APPLICATION FOR A  REGISTRA-
TION REQUIRED UNDER THIS ARTICLE SHALL BE IN WRITING, UNDER OATH, AND IN
THE FORM PRESCRIBED BY THE SECRETARY, AND SHALL CONTAIN THE FOLLOWING:
  A. THE EXACT NAME AND THE ADDRESS OF THE APPLICANT;
  B.  THE  COMPLETE ADDRESS WHERE THE BUSINESS OF THE APPLICANT IS TO BE
CONDUCTED;
  C. IF THE APPLICANT HAS ONE OR MORE BRANCHES, SUBSIDIARIES  OR  AFFIL-
IATES OPERATING IN THE STATE, THE COMPLETE ADDRESS OF EACH SUCH PLACE OF
BUSINESS; AND
  D.  THE  INFORMATION,  STATEMENT,  CERTIFICATION AND SWORN AFFIRMATION
REQUIRED BY SECTION 3-503 OF THE GENERAL OBLIGATIONS LAW.
  2. UPON ORIGINAL APPLICATION FOR A REGISTRATION TO OPERATE AS A TRAVEL
AGENT, THE APPLICANT  SHALL  PAY  AN  APPLICATION  FEE  OF  ONE  HUNDRED
DOLLARS.    UPON APPLICATION FOR AN ANNUAL RENEWAL, THE REGISTRANT SHALL
PAY A RENEWAL PROCESSING FEE OF ONE HUNDRED DOLLARS.
  S 156-B. CONDITIONS PRECEDENT  TO  REGISTRATION.  UPON  FILING  OF  AN
APPLICATION  FOR  A REGISTRATION, IF THE SECRETARY SHALL BE SATISFIED OF
THE GOOD CHARACTER, COMPETENCY AND INTEGRITY OF THE  APPLICANT,  AND  OF
THE  PRINCIPALS  AND  OFFICERS  THEREOF  ARE  SUCH AS TO COMPLY WITH THE
PROVISIONS OF THIS ARTICLE, HE OR SHE SHALL THEREUPON ISSUE A  REGISTRA-

S. 38                               4

TION  TO  OPERATE AS A TRAVEL AGENT IN ACCORDANCE WITH THE PROVISIONS OF
THIS ARTICLE. THE SECRETARY SHALL  TRANSMIT  SUCH  REGISTRATION  TO  THE
REGISTRANT AND FILE A COPY THEREOF IN THE OFFICE OF THE DEPARTMENT. SUCH
REGISTRATION  SHALL  REMAIN IN FULL FORCE AND EFFECT FOR A PERIOD OF ONE
YEAR UNLESS IT IS SURRENDERED BY THE REGISTRANT OR REVOKED OR  SUSPENDED
AS  PROVIDED  IN  THIS  ARTICLE; IF THE SECRETARY SHALL NOT SO FIND, THE
SECRETARY SHALL NOT ISSUE SUCH  REGISTRATION  AND  THE  SECRETARY  SHALL
NOTIFY  THE  APPLICANT  OF  THE  DENIAL  IN WRITING. THE SECRETARY SHALL
APPROVE OR DENY EVERY APPLICATION FOR REGISTRATION  WITHIN  ONE  HUNDRED
FIFTY DAYS FROM THE FILING THEREOF.
  S  156-C.  REGISTRATION.  1. EACH REGISTRATION ISSUED PURSUANT TO THIS
ARTICLE SHALL STATE THE ADDRESS OR ADDRESSES AT WHICH THE BUSINESS IS TO
BE CONDUCTED, STATE FULLY THE NAME OF  THE  REGISTRANT,  THE  EXPIRATION
DATE  OF THE REGISTRATION AND THE UNIQUE REGISTRATION NUMBER ASSIGNED TO
THE REGISTRANT. A COPY OF SUCH REGISTRATION SHALL BE PROMINENTLY  POSTED
IN EACH PLACE OF BUSINESS OF THE REGISTRANT. SUCH REGISTRATION SHALL NOT
BE  TRANSFERABLE  OR ASSIGNABLE.  EVERY REGISTRATION AND RENEWAL THEREOF
SHALL EXPIRE ONE YEAR AFTER THE DATE OF ITS ISSUANCE.
  2. IN THE EVENT THE LOCATION AT WHICH THE BUSINESS IS TO BE  CONDUCTED
SHALL BE CHANGED, THE REGISTRANT SHALL FORTHWITH NOTIFY THE SECRETARY IN
WRITING, WHO SHALL, UPON PAYMENT OF SUCH FEES AS SHALL BE ESTABLISHED BY
THE  DEPARTMENT  THEREFOR,  ATTACH  TO  THE REGISTRATION A RIDER SETTING
FORTH SUCH CHANGED LOCATION.
  3. IN THE EVENT THAT THERE SHALL BE ANY  CHANGE  IN  THE  REGISTRANT'S
INFORMATION, THE REGISTRANT SHALL NOTIFY THE SECRETARY IN WRITING WITHIN
TEN  BUSINESS  DAYS.   EXCEPT FOR SUCH CHANGE MADE ON A RENEWAL APPLICA-
TION, THE DEPARTMENT SHALL ESTABLISH AND IMPOSE A FEE FOR THE PROCESSING
OF ANY SUCH CHANGE.
  4. A REGISTRATION GRANTED UNDER THE PROVISIONS OF THIS ARTICLE MAY  BE
RENEWED  BY  THE DEPARTMENT UPON APPLICATION THEREFOR BY THE REGISTRANT,
IN SUCH FORM AS THE DEPARTMENT MAY PRESCRIBE, ACCOMPANIED BY THE NON-RE-
FUNDABLE RENEWAL PROCESSING FEE PURSUANT TO SUBDIVISION TWO  OF  SECTION
ONE  HUNDRED  FIFTY-SIX-A  OF  THIS ARTICLE. IN NO EVENT WILL RENEWAL BE
GRANTED MORE THAN THIRTY DAYS AFTER THE DATE OF EXPIRATION OF  A  REGIS-
TRATION;  PROVIDED,  HOWEVER, THAT ANY REGISTRANT WHO IS UNABLE TO RENEW
HIS OR HER REGISTRATION BECAUSE OF ACTIVE  DUTY  SERVICE  IN  THE  ARMED
FORCES  OF  THE UNITED STATES, SHALL BE AUTHORIZED TO SUBMIT AN APPLICA-
TION FOR RENEWAL IF SUCH APPLICATION IS SUBMITTED WITHIN THIRTY DAYS  OF
HIS  OR  HER  RELEASE FROM ACTIVE DUTY. NO REGISTRANT SHALL CARRY ON ANY
BUSINESS SUBJECT TO THIS ARTICLE  DURING  ANY  PERIOD  WHICH  MAY  EXIST
BETWEEN  THE DATE OF EXPIRATION OF A REGISTRATION AND THE RENEWAL THERE-
OF.  EVERY APPLICATION FOR THE RENEWAL OF A REGISTRATION  SHALL  INCLUDE
THE INFORMATION, STATEMENT, CERTIFICATION AND SWORN AFFIRMATION REQUIRED
BY SECTION 3-503 OF THE GENERAL OBLIGATIONS LAW; PROVIDED, HOWEVER, THAT
THE  DEPARTMENT MAY WAIVE THE REQUIREMENT OF SUCH STATEMENT, REQUIRED BY
SUCH SECTION, AS IT MAY DEEM TO BE UNNECESSARY, BUT UNDER  NO  CONDITION
SHALL  THE  REQUIREMENTS OF SECTION 3-503 OF THE GENERAL OBLIGATIONS LAW
BE WAIVED.
  5. THE DEPARTMENT SHALL POST AND MAKE AVAILABLE TO THE PUBLIC  ON  ITS
INTERNET WEBSITE A DATABASE SEARCHABLE BY EACH REGISTERED TRAVEL AGENT:
  A. FIRST OR LAST NAME;
  B. REGISTRATION NUMBER;
  C. NAME OF BUSINESS; OR
  D. BUSINESS LOCATION, INCLUDING MUNICIPALITY, COUNTY OR ZIP CODE.
  THE  DEPARTMENT  OF  ECONOMIC  DEVELOPMENT  SHALL INCLUDE ON THE STATE
MARKETING INTERNET WEBSITE PURSUANT TO SECTION ONE HUNDRED FIFTY-FOUR OF

S. 38                               5

THE ECONOMIC DEVELOPMENT LAW BY MEANS OF A CONSPICUOUSLY PLACED LINK  TO
THE DEPARTMENT'S TRAVEL AGENT REGISTRATION DATABASE.
  S 156-D. GROUNDS FOR DENIAL, SUSPENSION OR REVOCATION OF REGISTRATION.
1.  THE  SECRETARY SHALL HAVE THE POWER TO SUSPEND OR REVOKE A REGISTRA-
TION OR, IN LIEU THEREOF, TO IMPOSE A FINE NOT  EXCEEDING  ONE  THOUSAND
DOLLARS  PAYABLE  TO THE DEPARTMENT, OR REPRIMAND ANY REGISTRANT OR DENY
AN APPLICATION FOR A REGISTRATION OR RENEWAL THEREOF UPON PROOF:
  A. THAT THE APPLICANT OR REGISTRANT HAS VIOLATED ANY OF THE PROVISIONS
OF THIS ARTICLE OR THE RULES AND REGULATIONS PROMULGATED PURSUANT THERE-
TO;
  B. THAT THE APPLICANT OR REGISTRANT HAS  PRACTICED  FRAUD,  DECEIT  OR
MISREPRESENTATION;
  C. THAT  THE  APPLICANT  OR  REGISTRANT  HAS KNOWINGLY MADE A MATERIAL
MISSTATEMENT IN THE APPLICATION FOR OR RENEWAL OF HIS OR  HER  REGISTRA-
TION; OR
  D. THAT  THE  APPLICANT OR REGISTRANT HAS DEMONSTRATED INCOMPETENCE OR
UNTRUSTWORTHINESS IN HIS OR HER ACTIONS.
  2. EVERY REGISTRATION ISSUED PURSUANT TO THIS ARTICLE SHALL REMAIN  IN
FULL  FORCE  AND  EFFECT  FOR A PERIOD OF ONE YEAR UNLESS THE SAME SHALL
HAVE BEEN SURRENDERED, REVOKED  OR  SUSPENDED  IN  ACCORDANCE  WITH  THE
PROVISIONS OF THIS ARTICLE.  THE SECRETARY SHALL HAVE AUTHORITY TO REIN-
STATE  A  SUSPENDED  REGISTRATION  OR  TO  ISSUE A NEW REGISTRATION TO A
REGISTRANT WHOSE REGISTRATION SHALL HAVE BEEN  REVOKED  IF  NO  FACT  OR
CONDITION THEN EXISTS WHICH WOULD HAVE WARRANTED THE SECRETARY IN REFUS-
ING ORIGINALLY TO ISSUE SUCH REGISTRATION UNDER THIS ARTICLE.
  3. WHENEVER  THE  SECRETARY  SHALL  REVOKE  OR  SUSPEND A REGISTRATION
ISSUED PURSUANT TO THIS ARTICLE, THE SECRETARY SHALL IMMEDIATELY EXECUTE
A WRITTEN ORDER TO THAT EFFECT. THE SECRETARY SHALL FILE SUCH  ORDER  IN
THE  OFFICE  OF  THE DEPARTMENT AND SHALL FORTHWITH SERVE A COPY THEREOF
UPON THE REGISTRANT. ANY SUCH  ORDER  MAY  BE  REVIEWED  IN  THE  MANNER
PROVIDED  BY  ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES.
THE USE OF ANY REGISTRATION NUMBER  OF  A  REGISTRATION  THAT  HAS  BEEN
SUSPENDED  OR REVOKED SHALL BE PROHIBITED AFTER SUCH SUSPENSION OR REVO-
CATION.
  4. ANY PERSON WHO HAS HAD HIS OR HER  REGISTRATION  SUSPENDED  BY  THE
DEPARTMENT  SHALL  BE  INELIGIBLE  TO APPLY FOR REGISTRATION PURSUANT TO
THIS ARTICLE FOR A PERIOD OF ONE YEAR AFTER SUCH SUSPENSION.
  5. A. THE DEPARTMENT SHALL, BEFORE DENYING AN APPLICATION FOR A REGIS-
TRATION OR BEFORE REVOKING OR SUSPENDING ANY REGISTRATION,  EXCEPTING  A
TEMPORARY  SUSPENSION,  OR  IMPOSING ANY FINE OR REPRIMAND, AND AT LEAST
FIFTEEN DAYS PRIOR TO THE DATE SET FOR THE HEARING, AND UPON DUE  NOTICE
TO  THE  COMPLAINANT OR OBJECTOR, NOTIFY IN WRITING THE APPLICANT FOR OR
THE HOLDER OF SUCH REGISTRATION OF ANY CHARGE MADE AND SHALL AFFORD SAID
APPLICANT OR REGISTRANT AN OPPORTUNITY TO BE HEARD IN PERSON OR BY COUN-
SEL IN REFERENCE THERETO. SUCH WRITTEN NOTICE MAY BE SERVED BY  DELIVERY
OF SAME PERSONALLY TO THE APPLICANT OR REGISTRANT, OR BY MAILING SAME BY
CERTIFIED  MAIL  TO THE LAST KNOWN BUSINESS ADDRESS OF SUCH APPLICANT OR
REGISTRANT.
  B. THE HEARING ON SUCH CHARGES SHALL BE AT SUCH TIME AND PLACE AS  THE
DEPARTMENT  SHALL  PRESCRIBE  AND  SHALL BE CONDUCTED BY SUCH OFFICER OR
PERSON IN THE DEPARTMENT AS THE SECRETARY MAY DESIGNATE, WHO SHALL  HAVE
THE  POWER  TO SUBPOENA AND BRING BEFORE THE OFFICER OR PERSON SO DESIG-
NATED ANY PERSON IN THIS STATE, AND  ADMINISTER  AN  OATH  TO  AND  TAKE
TESTIMONY  OF ANY PERSON OR CAUSE HIS DEPOSITION TO BE TAKEN. A SUBPOENA
ISSUED UNDER THIS SUBDIVISION SHALL BE REGULATED BY THE  CIVIL  PRACTICE
LAW  AND RULES. SUCH OFFICER OR PERSON IN THE DEPARTMENT OF STATE DESIG-

S. 38                               6

NATED TO TAKE SUCH TESTIMONY SHALL NOT BE BOUND BY COMMON LAW OR  STATU-
TORY RULES OR EVIDENCE OR BY TECHNICAL OR FORMAL RULES OF PROCEDURE.
  C. IN THE EVENT THAT THE DEPARTMENT SHALL DENY THE APPLICATION FOR, OR
REVOKE  OR  SUSPEND  ANY SUCH REGISTRATION, OR IMPOSE ANY FINE OR REPRI-
MAND, ITS DETERMINATION SHALL BE IN WRITING AND OFFICIALLY SIGNED.   THE
ORIGINAL  OF  SUCH  DETERMINATION, WHEN SO SIGNED, SHALL BE FILED IN THE
OFFICE OF THE DEPARTMENT AND COPIES  THEREOF  SHALL  BE  MAILED  TO  THE
APPLICANT OR REGISTRANT AND TO THE COMPLAINANT WITHIN TWO DAYS AFTER THE
FILING THEREOF AS HEREIN PRESCRIBED.
  D.  THE  DEPARTMENT,  ACTING  BY  THE  OFFICER OR PERSON DESIGNATED TO
CONDUCT THE HEARING PURSUANT TO PARAGRAPH B OF THIS  SUBDIVISION  OR  BY
SUCH  OTHER  OFFICER  OR  PERSON  IN THE DEPARTMENT AS THE SECRETARY MAY
DESIGNATE, SHALL HAVE THE POWER  TO  SUSPEND  THE  REGISTRATION  OF  ANY
REGISTRANT  WHO  HAS  BEEN CONVICTED IN THIS STATE OR ANY OTHER STATE OR
TERRITORY OF A FELONY OR OF ANY MISDEMEANOR OR OFFENSE ENUMERATED  UNDER
SUBDIVISION  TWO OF SECTION SEVENTY-FOUR OR UNDER SECTION EIGHTY-FOUR OF
THIS CHAPTER FOR A PERIOD NOT EXCEEDING THIRTY DAYS  PENDING  A  HEARING
AND  A DETERMINATION OF CHARGES MADE AGAINST HIM OR HER. IF SUCH HEARING
IS ADJOURNED AT THE REQUEST OF THE REGISTRANT, OR BY REASON OF  ANY  ACT
OR  OMISSION  BY HIM OR HER OR ON HIS OR HER BEHALF, SUCH SUSPENSION MAY
BE CONTINUED FOR THE ADDITIONAL PERIOD OF SUCH ADJOURNMENT.
  E. THE ACTION OF THE DEPARTMENT IN GRANTING OR REFUSING TO GRANT OR TO
RENEW A REGISTRATION UNDER THIS ARTICLE OR IN REVOKING OR SUSPENDING  OR
REFUSING  TO  REVOKE OR SUSPEND SUCH A REGISTRATION OR IMPOSING ANY FINE
OR REPRIMAND SHALL BE SUBJECT TO REVIEW BY A PROCEEDING INSTITUTED UNDER
ARTICLE SEVENTY-EIGHT OF  THE  CIVIL  PRACTICE  LAW  AND  RULES  AT  THE
INSTANCE  OF THE APPLICANT FOR SUCH REGISTRATION NUMBER, THE HOLDER OF A
REGISTRATION NUMBER SO REVOKED, SUSPENDED, FINED OR REPRIMANDED  OR  THE
PERSON AGGRIEVED.
  S 156-E. PREEMPTION. THE PROVISIONS OF SECTIONS ONE HUNDRED FIFTY-SIX,
ONE   HUNDRED   FIFTY-SIX-A,   ONE   HUNDRED  FIFTY-SIX-B,  ONE  HUNDRED
FIFTY-SIX-C AND ONE HUNDRED FIFTY-SIX-D OF THIS ARTICLE SHALL EXCLUSIVE-
LY GOVERN ALL TRAVEL AGENTS NOTWITHSTANDING THE PROVISIONS OF ANY  OTHER
LAW  TO  THE  CONTRARY, AND FURTHERMORE, NO LOCAL LAW, CODE OR ORDINANCE
SHALL BE ENACTED WHICH SHALL REQUIRE ANY FEE,  LICENSE  OR  REGISTRATION
FOR THE LICENSURE OR REGISTRATION OF TRAVEL AGENTS.
  S 156-F. REGULATIONS. THE SECRETARY IS HEREBY AUTHORIZED AND EMPOWERED
TO  MAKE  SUCH RULES AND REGULATIONS NECESSARY FOR THE PROPER CONDUCT OF
THE BUSINESS AUTHORIZED UNDER THIS ARTICLE, AND  NOT  INCONSISTENT  WITH
THE PROVISIONS OF THIS ARTICLE.
  S  157.  TRAVEL  AGREEMENTS. 1. WHEN A PERSON AGREES, IN RESPONSE TO A
SOLICITATION BY A TRAVEL PROMOTER WHICH IS DIRECTED TO THE PERSON  INDI-
VIDUALLY,  TO  PURCHASE MEMBERSHIP IN A TRAVEL CLUB OR TO ENTER INTO ANY
TRAVEL SERVICES CONTRACT OR OTHER AGREEMENT  TO  ACCEPT  TRANSPORTATION,
LODGING,  AN INTEREST OR INVESTMENT IN A TIME SHARE PLAN, TRAVEL INVEST-
MENTS, OR OTHER TRAVEL SERVICES, THE TRAVEL PROMOTER MUST  PROVIDE  SUCH
PURCHASER  WITH  WRITTEN  DISCLOSURE  OF ALL LIMITATIONS ON AND TERMS OF
SUCH PURCHASE OR AGREEMENT WITHIN FIVE BUSINESS DAYS OF THE DATE OF  THE
AGREEMENT. SUCH DISCLOSURE SHALL CLEARLY AND CONSPICUOUSLY INCLUDE:
  A.  THE  NAME,  BUSINESS  ADDRESS  AND  TELEPHONE NUMBER OF THE TRAVEL
PROMOTER;
  B. THE AMOUNT DUE, THE DATE OF PAYMENT, THE PURPOSE OF THE PAYMENT AND
AN ITEMIZED STATEMENT OF THE BALANCE DUE, IF ANY;
  C. THE NAME  OF  THE  CARRIER  WITH  WHICH  THE  TRAVEL  PROMOTER  HAS
CONTRACTED  TO  PROVIDE THE TRANSPORTATION, THE TYPE AND SIZE OF CARRIER
TO BE USED, AND THE DATE, TIME AND PLACE OF EACH DEPARTURE;

S. 38                               7

  D. A DETAILED DESCRIPTION OF ANY OTHER SERVICES PROVIDED  IN  CONJUNC-
TION WITH THE TRANSPORTATION;
  E. CONDITIONS, IF ANY, UPON WHICH THE TRAVEL SERVICES CONTRACT BETWEEN
THE  TRAVEL  PROMOTER  AND THE TRAVELER MAY BE CANCELLED, AND THE RIGHTS
AND OBLIGATIONS OF ALL PARTIES IN THE EVENT OF SUCH CANCELLATION;
  F. THE CONDITIONS, IF ANY, UPON WHICH  THE  TRAVEL  SERVICES  CONTRACT
BETWEEN  THE  TRAVEL  PROMOTER AND THE CARRIER OR OTHER SERVICE PROVIDER
MAY BE CANCELLED, AND THE RIGHTS AND OBLIGATIONS OF ALL PARTIES  IN  THE
EVENT OF SUCH CANCELLATION; AND
  G.  A  DESCRIPTION OF ALL CONTINGENCIES, LIMITATIONS AND/OR CONDITIONS
OF THE AGREEMENT.
  2. AFTER RECEIPT OF FULL WRITTEN DISCLOSURE, THE PURCHASER MAY  CANCEL
SUCH  AN  AGREEMENT  UNTIL  MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE
DISCLOSURE IS RECEIVED BY THE PURCHASER, BY USE OF THE  FORM  PRESCRIBED
IN  SUBDIVISION  THREE  OF THIS SECTION; HOWEVER, NOTICE OF CANCELLATION
NEED NOT TAKE THE FORM PRESCRIBED AND SHALL BE SUFFICIENT  IF  IT  INDI-
CATES  THE  INTENTION OF THE BUYER NOT TO BE BOUND.  NOTICE OF CANCELLA-
TION, IF GIVEN BY MAIL, SHALL BE DEEMED GIVEN WHEN DEPOSITED IN A  MAIL-
BOX, PROPERLY ADDRESSED AND POSTAGE PREPAID.
  3.  THE  WRITTEN DISCLOSURE SHALL INCLUDE, IN ADDITION TO THE REQUIRE-
MENTS OF SUBDIVISION TWO OF THIS SECTION, THE FOLLOWING STATEMENT PRINT-
ED IN CAPITAL AND LOWER CASE LETTERS OF NOT LESS  THAN  TEN  POINT  BOLD
FACED TYPE:

        YOU  MAY  CANCEL  THIS TRANSACTION, WITHOUT ANY PENALTY OR OBLI-
        GATION, WITHIN THREE BUSINESS DAYS  FROM  THE  RECEIPT  OF  THIS
        DISCLOSURE.

          TO CANCEL THIS TRANSACTION, MAIL OR DELIVER A SIGNED AND DATED
        COPY  OF THIS CANCELLATION NOTICE OR ANY OTHER WRITTEN NOTICE OR
        SEND A TELEGRAM TO

        (NAME OF SELLER),                 AT (ADDRESS OF SELLER)

        ______________________________   ___________________________
                                            NOT LATER THAN
                                            MIDNIGHT OF THE THIRD DAY
                                            AFTER RECEIPT OF THIS
        ___________________________         DISCLOSURE
        (PLACE OF BUSINESS)

        __________________________

        __________________________
                (DATE)

        I HEREBY CANCEL THIS TRANSACTION

        (DATE)
                                         ______________________________
                                             (PURCHASER'S SIGNATURE)

  4. UNTIL THE WRITTEN DISCLOSURE REQUIRED BY SUBDIVISION  ONE  OF  THIS
SECTION  HAS  BEEN  RECEIVED,  THE PURCHASER MAY CANCEL THE AGREEMENT BY
NOTIFYING THE TRAVEL PROMOTER IN ANY MANNER AND BY ANY MEANS OF  HIS  OR
HER INTENTION TO CANCEL.

S. 38                               8

  5.  WITHIN  TEN DAYS AFTER NOTICE OF CANCELLATION IS GIVEN, THE TRAVEL
PROMOTER SHALL REFUND TO THE PURCHASER CONCERNED ANY  PAYMENTS  MADE  BY
SUCH PURCHASER; SUCH REFUND MAY BE MADE BY REACCREDITING THE PURCHASER'S
ACCOUNT  IF  A  CREDIT CARD, DEBIT CARD OR ELECTRONIC FUNDS TRANSFER WAS
USED  TO MAKE A PAYMENT AND IF THE TRAVEL PROMOTER INFORMS THE PURCHASER
IN WRITING THAT THE ACCOUNT HAS BEEN REACCREDITED.
  6. IF THE TRAVEL PROMOTER FAILS WITHIN THE PERIOD PRESCRIBED BY SUBDI-
VISION FIVE OF THIS SECTION TO RETURN ALL PAYMENTS MADE BY A  PURCHASER,
HE OR SHE SHALL BE LIABLE TO THE PURCHASER FOR SUCH PAYMENTS.
  7.  IF  THE  PURCHASER  IS  SUCCESSFUL  IN  AN  ACTION  TO ENFORCE ANY
PROVISION OF THIS SECTION OR SECTION ONE HUNDRED FIFTY-SEVEN-B  OF  THIS
ARTICLE  OR  APPEAL  THEREON,  THE  COURT  SHALL AWARD THE PURCHASER ONE
HUNDRED DOLLARS AND MAY AWARD REASONABLE ATTORNEY'S FEES AND  COSTS,  IN
ADDITION TO ANY OTHER REMEDY.
  8. THE OBLIGATIONS IMPOSED BY THIS SECTION SHALL BE IN ADDITION TO AND
NOT IN DEROGATION OF THE REQUIREMENTS OF ANY OTHER LAW.
  S 157-A. PROHIBITED PRACTICES BY TRAVEL CONSULTANTS. IT SHALL BE ILLE-
GAL FOR ANY TRAVEL CONSULTANT AND, IF SUCH TRAVEL CONSULTANT IS A CORPO-
RATION,  ANY OFFICER OR DIRECTOR THEREOF, TO ENGAGE IN ANY OR ALL OF THE
FOLLOWING ENUMERATED PRACTICES:
  1. KNOWINGLY MISREPRESENT THE QUALITY OR KIND OF SERVICE, TYPE OR SIZE
OF AIRCRAFT, VEHICLE, SHIP OR  TRAIN,  TIME  OF  DEPARTURE  OR  ARRIVAL,
POINTS  SERVED,  ROUTE  TO  BE  TRAVELED,  STOPS  TO  BE  MADE, OR TOTAL
TRIP-TIME FROM POINT OF  DEPARTURE  TO  DESTINATION  OR  OTHER  SERVICES
AVAILABLE,  RESERVED  OR  CONTRACTED  FOR IN CONNECTION WITH ANY TRIP OR
TOUR.
  2. KNOWINGLY MISREPRESENT THE FARES AND CHARGES FOR TRANSPORTATION  OR
SERVICES IN CONNECTION THEREWITH.
  3. KNOWINGLY ADVERTISE OR OTHERWISE OFFER FOR SALE OR SELL TRANSPORTA-
TION  OR  SERVICES IN CONNECTION THEREWITH AT LESS THAN THE RATES, FARES
AND CHARGES SPECIFIED IN THE CURRENTLY EFFECTIVE TARIFFS OF THE CARRIER,
WHO IS ENGAGED TO PROVIDE SUCH TRANSPORTATION OR SERVICES, OR  KNOWINGLY
OFFER  OR GIVE REBATES OR OTHER CONCESSIONS THEREON, OR KNOWINGLY ASSIST
OR PERMIT A PERSON OR PERSONS TO OBTAIN SUCH TRANSPORTATION OR  SERVICES
AT LESS THAN SUCH LAWFUL RATES, FARES AND CHARGES.
  4. KNOWINGLY MISREPRESENT THAT SPECIAL PRIORITIES FOR RESERVATIONS ARE
AVAILABLE  WHEN  SUCH  SPECIAL CONSIDERATIONS ARE NOT IN FACT GRANTED TO
MEMBERS OF THE PUBLIC GENERALLY.
  5. KNOWINGLY SELL TRANSPORTATION TO A PERSON OR PERSONS ON A  RESERVA-
TION  OR  CHARTER BASIS FOR SPECIFIED SPACE, FLIGHT OR TIME OR KNOWINGLY
REPRESENT THAT SUCH DEFINITE RESERVATION OR CHARTER IS OR WILL BE AVAIL-
ABLE OR HAS BEEN ARRANGED, WITHOUT A BINDING COMMITMENT WITH  A  CARRIER
FOR  THE  FURNISHING  OF SUCH DEFINITE RESERVATION OR CHARTER AS REPRES-
ENTED OR SOLD.
  6. KNOWINGLY SELL OR ISSUE TICKETS OR OTHER DOCUMENTS TO PASSENGERS TO
BE EXCHANGED OR USED FOR TRANSPORTATION IF SUCH TICKETS OR  OTHER  DOCU-
MENTS WILL NOT BE OR CANNOT BE LEGALLY HONORED BY CARRIERS FOR TRANSPOR-
TATION.
  7.  KNOWINGLY  MISREPRESENT  THE  REQUIREMENTS  THAT  MUST BE MET BY A
PERSON OR PERSONS IN ORDER TO QUALIFY FOR CHARTER OR GROUP FARE RATES.
  S 157-B. PROHIBITED PRACTICES BY TRAVEL PROMOTERS. IT SHALL BE ILLEGAL
FOR ANY TRAVEL PROMOTER AND, IF SUCH TRAVEL PROMOTER IS  A  CORPORATION,
ANY  OFFICER OR DIRECTOR THEREOF, TO ENGAGE IN ANY OR ALL OF THE FOLLOW-
ING ENUMERATED PRACTICES:
  1. OFFER FREE ACCOMMODATIONS FOR MORE THAN ONE PERSON AND FREE  TRAVEL
FOR  ONE  PERSON WHEN THE CHARGE FOR THE TRAVEL OF THE ADDITIONAL PERSON

S. 38                               9

OR PERSONS IS EQUAL TO OR EXCEEDS WHAT WOULD  HAVE  BEEN  PAID  FOR  THE
TOTAL  NUMBER  OF  TRAVEL  TICKETS WITHOUT UTILIZING THE TRAVEL SERVICES
OFFERED BY THE TRAVEL PROMOTER.
  2. USE A MERCHANT ACCOUNT NUMBER ASSIGNED TO A MERCHANT OTHER THAN THE
TRAVEL  PROMOTER  PROVIDING  OR  OFFERING THE TRAVEL SERVICE IN ORDER TO
PROCESS CREDIT CARD CHARGES AND PURCHASES.
  3. MISREPRESENT THE QUALITY OR  KIND  OF  SERVICE,  TYPE  OR  SIZE  OF
AIRCRAFT,  VEHICLE,  SHIP OR TRAIN, TIME OF DEPARTURE OR ARRIVAL, POINTS
SERVED, ROUTE TO BE TRAVELED, STOPS TO BE  MADE,  TOTAL  TRIP-TIME  FROM
POINT  OF  DEPARTURE TO DESTINATION, TYPE OR SIZE OF LODGING, TIME SHARE
OR OTHER ACCOMMODATION, AVAILABILITY OF LODGING,  TIME  SHARE  OR  OTHER
ACCOMMODATION,  OR  OTHER SERVICES AVAILABLE, RESERVED OR CONTRACTED FOR
IN CONNECTION WITH ANY TRIP, TOUR OR OTHER TRAVEL SERVICES, UNLESS  SUCH
MISREPRESENTATION  WAS BASED UPON A REASONABLE BELIEF AS TO THE SERVICES
AVAILABLE BASED UPON REPRESENTATIONS MADE BY THE PERSON, COMPANY, CORPO-
RATION, COMMON CARRIER OR OTHER ENTITY OFFERING SUCH SERVICES.
  4. MISREPRESENT THE FARES AND CHARGES FOR TRANSPORTATION  OR  SERVICES
IN  CONNECTION THEREWITH, UNLESS SUCH MISREPRESENTATION WAS BASED UPON A
REASONABLE BELIEF AS TO THE FARES AND CHARGES APPLICABLE BASED UPON REP-
RESENTATIONS MADE BY THE PERSON, COMPANY, CORPORATION, COMMON CARRIER OR
OTHER ENTITY OFFERING SUCH SERVICES.
  5. ADVERTISE OR OTHERWISE OFFER FOR SALE  OR  SELL  TRANSPORTATION  OR
SERVICES  IN  CONNECTION  THEREWITH  AT  LESS  THAN THE RATES, FARES AND
CHARGES SPECIFIED IN THE CURRENTLY EFFECTIVE TARIFFS OF THE CARRIER THAT
IS ENGAGED TO PROVIDE SUCH TRANSPORTATION OR SERVICES, OR OFFER OR  GIVE
REBATES  OR  OTHER  CONCESSIONS THEREON, OR ASSIST OR PERMIT A PERSON OR
PERSONS TO OBTAIN SUCH TRANSPORTATION OR  SERVICES  AT  LESS  THAN  SUCH
LAWFUL RATES, FARES AND CHARGES.
  6. MISREPRESENT THAT SPECIAL PRIORITIES FOR RESERVATIONS ARE AVAILABLE
WHEN  SUCH  SPECIAL CONSIDERATIONS ARE NOT IN FACT GRANTED TO MEMBERS OF
THE PUBLIC GENERALLY.
  7. SELL TRANSPORTATION TO A PERSON OR  PERSONS  ON  A  RESERVATION  OR
CHARTER BASIS FOR SPECIFIED SPACE, FLIGHT OR TIME OR REPRESENT THAT SUCH
DEFINITE  RESERVATION  OR  CHARTER  IS  OR WILL BE AVAILABLE OR HAS BEEN
ARRANGED, WITHOUT A BINDING COMMITMENT WITH A CARRIER FOR THE FURNISHING
OF SUCH DEFINITE RESERVATION OR CHARTER AS REPRESENTED OR SOLD.
  8. SELL OR ISSUE TICKETS  OR  OTHER  DOCUMENTS  TO  PASSENGERS  TO  BE
EXCHANGED  OR USED FOR TRANSPORTATION IF SUCH TICKETS OR OTHER DOCUMENTS
WILL NOT BE OR CANNOT BE LEGALLY HONORED BY CARRIERS FOR TRANSPORTATION.
  9. MISREPRESENT THE REQUIREMENTS THAT MUST  BE  MET  BY  A  PERSON  OR
PERSONS IN ORDER TO QUALIFY FOR CHARTER OR GROUP FARE RATES, UNLESS SUCH
MISREPRESENTATION  WAS BASED UPON A REASONABLE BELIEF AS TO THE REQUIRE-
MENTS APPLICABLE BASED UPON REPRESENTATIONS MADE BY THE PERSON, COMPANY,
CORPORATION, COMMON CARRIER OR OTHER ENTITY  OFFERING  SUCH  CHARTER  OR
GROUP FARE.
  S  158. VIOLATIONS AND PENALTIES.  1. ANY PERSON, PARTNERSHIP, ASSOCI-
ATION,  LIMITED  LIABILITY  COMPANY,  OR  CORPORATION  AND  THE  SEVERAL
MEMBERS,  PRINCIPALS, OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES THEREOF,
WHO KNOWINGLY AND WILLFULLY MAKES MATERIAL MISSTATEMENTS IN THE APPLICA-
TION FOR A RENEWAL OF A REGISTRATION IN THIS ARTICLE SHALL BE GUILTY  OF
A MISDEMEANOR, WHICH UPON THE FIRST CONVICTION THEREOF SHALL BE PUNISHA-
BLE  BY  IMPRISONMENT  FOR NOT MORE THAN SIX MONTHS, OR BY A FINE OF NOT
MORE THAN ONE THOUSAND DOLLARS, OR BY BOTH SUCH FINE  AND  IMPRISONMENT,
AND  UPON  A SECOND OR SUBSEQUENT CONVICTION THEREOF BY A TERM OF IMPRI-
SONMENT NOT TO EXCEED ONE YEAR, OR BY A FINE OF NOT LESS THAN ONE  THOU-

S. 38                              10

SAND  DOLLARS AND NOT TO EXCEED TWO THOUSAND FIVE HUNDRED DOLLARS, OR BY
BOTH SUCH FINE AND IMPRISONMENT.
  2.  ANY REGISTRANT WHO SHALL KNOWINGLY AND WILLFULLY FAIL TO SURRENDER
HIS OR HER REGISTRATION WITHIN FIVE DAYS OF RECEIPT OF NOTICE OF SUSPEN-
SION, REVOCATION OR NON-RENEWAL THEREOF BY THE SECRETARY, OR THE OFFICER
DESIGNATED BY THE SECRETARY TO PRESIDE OVER THE HEARING, PURSUANT TO THE
PROVISIONS OF SECTION ONE HUNDRED FIFTY-SIX-D OF THIS ARTICLE, SHALL  BE
GUILTY  OF  A  VIOLATION, PUNISHABLE BY A FINE NOT TO EXCEED TWO HUNDRED
FIFTY DOLLARS, IN ADDITION TO ANY OTHER PENALTY PRESCRIBED BY LAW.
  3. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION TWO OF THIS  SECTION,
WHEN  IT  IS  DETERMINED AFTER A HEARING PURSUANT TO SECTION ONE HUNDRED
FIFTY-SIX-D OF THIS ARTICLE THAT THE REGISTRANT HAS VIOLATED ONE OR MORE
PROVISIONS OF THIS ARTICLE, THE SECRETARY MAY, IN LIEU OF REVOCATION  OR
SUSPENSION  OF  SUCH  LICENSE,  IMPOSE A FINE NOT TO EXCEED ONE THOUSAND
DOLLARS FOR EACH VIOLATION PAYABLE TO THE DEPARTMENT.
  4. EXCEPT AS OTHERWISE PROVIDED BY  LAW,  ANY  TRAVEL  CONSULTANT  WHO
SHALL  VIOLATE  THE  TERMS  OF SECTION ONE HUNDRED FIFTY-SEVEN-A OF THIS
ARTICLE SHALL BE GUILTY OF A MISDEMEANOR.
  5. EXCEPT AS OTHERWISE PROVIDED BY LAW, ANY TRAVEL PROMOTER WHO  SHALL
KNOWINGLY VIOLATE THE TERMS OF SECTION ONE HUNDRED FIFTY-SEVEN-B OF THIS
ARTICLE SHALL BE GUILTY OF A MISDEMEANOR.
  6. THE DISTRICT ATTORNEY OF ANY COUNTY MAY BRING AN ACTION IN THE NAME
OF  THE PEOPLE OF THE STATE TO RESTRAIN OR PREVENT ANY VIOLATION OF THIS
ARTICLE OR ANY CONTINUANCE OF ANY SUCH VIOLATION.
  7. WHENEVER  THERE  SHALL  BE  A  VIOLATION  OF  SECTION  ONE  HUNDRED
FIFTY-SEVEN,  ONE  HUNDRED FIFTY-SEVEN-A OR ONE HUNDRED FIFTY-SEVEN-B OF
THIS ARTICLE, AN APPLICATION MAY BE MADE BY THE ATTORNEY GENERAL IN  THE
NAME OF THE PEOPLE OF THE STATE OF NEW YORK TO A COURT OR JUSTICE HAVING
JURISDICTION  BY  A  SPECIAL PROCEEDING TO ISSUE AN INJUNCTION, AND UPON
NOTICE TO THE DEFENDANT OF NOT  LESS  THAN  FIVE  DAYS,  TO  ENJOIN  AND
RESTRAIN  THE  CONTINUANCE OF SUCH VIOLATIONS; AND IF IT SHALL APPEAR TO
THE SATISFACTION OF THE COURT OR JUSTICE  THAT  THE  DEFENDANT  HAS,  IN
FACT,  VIOLATED  THIS ARTICLE, AN INJUNCTION MAY BE ISSUED BY SUCH COURT
OR JUSTICE, ENJOINING AND RESTRAINING  ANY  FURTHER  VIOLATION,  WITHOUT
REQUIRING  PROOF  THAT  ANY PERSON HAS, IN FACT, BEEN INJURED OR DAMAGED
THEREBY.  IN ANY SUCH PROCEEDING, THE COURT MAY MAKE ALLOWANCES  TO  THE
ATTORNEY  GENERAL  AS  PROVIDED  IN  PARAGRAPH SIX OF SUBDIVISION (A) OF
SECTION EIGHTY-THREE HUNDRED THREE OF THE CIVIL PRACTICE LAW AND  RULES,
AND  DIRECT  RESTITUTION.    WHENEVER  THE  COURT SHALL DETERMINE THAT A
VIOLATION OF THIS ARTICLE HAS OCCURRED, THE COURT  MAY  IMPOSE  A  CIVIL
PENALTY  OF  NOT  MORE  THAN FIVE HUNDRED DOLLARS FOR EACH VIOLATION. IN
CONNECTION WITH ANY SUCH PROPOSED APPLICATION, THE ATTORNEY  GENERAL  IS
AUTHORIZED  TO TAKE PROOF AND MAKE A DETERMINATION OF THE RELEVANT FACTS
AND TO ISSUE SUBPOENAS IN ACCORDANCE WITH THE  CIVIL  PRACTICE  LAW  AND
RULES.
  S  159. SEVERABILITY. IF ANY PROVISION OF THIS ARTICLE OR THE APPLICA-
TION THEREOF TO ANY PERSON OR CIRCUMSTANCES IS HELD INVALID THE INVALID-
ITY THEREOF SHALL NOT AFFECT OTHER PROVISIONS  OR  APPLICATIONS  OF  THE
ARTICLE  WHICH  CAN  BE  GIVEN  EFFECT  WITHOUT THE INVALID PROVISION OR
APPLICATION, AND TO THIS END THE PROVISIONS OF THIS ARTICLE ARE  SEVERA-
BLE.
  S  2.  Paragraphs  (d)  and (e) of subdivision 3 of section 154 of the
economic development law, as added by section 1 of part DD of chapter 59
of the laws of 2006, are amended and a new paragraph  (f)  is  added  to
read as follows:

S. 38                              11

  (d)  all  reports  and  data required to be produced and maintained by
this section; [and]
  (e) any other data deemed appropriate[.]; AND
  (F)  A  LISTING  OF  ALL TRAVEL AGENTS REGISTERED BY THE DEPARTMENT OF
STATE PURSUANT TO ARTICLE TEN-A OF THE GENERAL BUSINESS LAW,  AND  THEIR
CORRESPONDING REGISTRATION NUMBERS.
  S  3. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law; provided that,  effec-
tive immediately, the department of state and the secretary of state are
authorized  and  directed  to  complete any and all actions necessary to
implement the provisions of article 10-A of the general business law, as
added by section one of this act, on its effective date.

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