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

                                  9079

                          I N  A S S E M B L Y

                            January 25, 2016
                               ___________

Introduced by M. of A. CRESPO -- read once and referred to the Committee
  on Consumer Affairs and Protection

AN  ACT  to amend the general business law, in relation to travel agree-
  ments

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

  Section 1. The general business law is amended by adding a new section
157-b to read as follows:
  S  157-B.  ADDITIONAL  PROHIBITIVE PRACTICES BY TRAVEL CONSULTANTS.  A
TRAVEL CONSULTANT SHALL NOT  RECEIVE  PAYMENT  FOR  TRAVEL  OR  SERVICES
CONNECTED  THEREWITH  UNLESS  AT  THE  TIME  OR  PRIOR TO THE RECEIPT OF
PAYMENT, THE TRAVEL CONSULTANT PROVIDES THE PURCHASER  WITH  WRITTEN  OR
ELECTRONIC  DISCLOSURE  OF  THE  TERMS  OF THE PURCHASE. SUCH DISCLOSURE
SHALL CLEARLY AND CONSPICUOUSLY INCLUDE:
  1. THE NAME, BUSINESS ADDRESS  AND  TELEPHONE  NUMBER  OF  THE  TRAVEL
CONSULTANT;
  2. THE AMOUNT DUE, THE DATE OF PAYMENT, THE PURPOSE OF THE PAYMENT AND
AN ITEMIZED STATEMENT OF THE BALANCE DUE, IF ANY;
  3.  THE  NAME  OF  THE  CARRIER  WITH  WHICH THE TRAVEL CONSULTANT HAS
CONTRACTED TO PROVIDE THE TRANSPORTATION, THE TYPE AND SIZE  OF  CARRIER
TO BE USED, AND THE DATE, TIME AND PLACE OF EACH DEPARTURE;
  4.  A  DETAILED DESCRIPTION OF ANY OTHER SERVICES PROVIDED IN CONJUNC-
TION WITH THE TRANSPORTATION;
  5. CONDITIONS, IF ANY, UPON WHICH  THE  SERVICES  BETWEEN  THE  TRAVEL
CONSULTANT  AND  THE TRAVELER MAY BE CANCELLED, AND THE RIGHTS AND OBLI-
GATIONS OF ALL PARTIES IN THE EVENT OF SUCH CANCELLATION;
  6. THE CONDITIONS, IF ANY, UPON WHICH THE AGREEMENT BETWEEN THE TRAVEL
CONSULTANT 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
  7. A DESCRIPTION OF ALL CONTINGENCIES, LIMITATIONS  AND/OR  CONDITIONS
OF THE AGREEMENT.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11873-05-5

              

A. 9079                             2

  S  2. Subdivisions 1 and 2 of section 159 of the general business law,
as amended by chapter 754 of the laws of 1990, are amended  to  read  as
follows:
  1.  Except  as  otherwise  provided  by law, any travel consultant who
shall violate the terms of section one hundred fifty-eight of this arti-
cle shall be guilty of a misdemeanor PROVIDED, HOWEVER, THAT WHERE  SUCH
VIOLATION  RESULTS IN FIVE THOUSAND DOLLARS OR MORE OF FINANCIAL LOSS TO
A CONSUMER, SUCH VIOLATION SHALL CONSTITUTE A CLASS E FELONY.
  2. Except as otherwise provided by law, any travel promoter who  shall
knowingly violate the terms of section one hundred fifty-eight-a of this
article  shall  be guilty of a misdemeanor PROVIDED, HOWEVER, THAT WHERE
SUCH VIOLATION RESULTS IN FIVE THOUSAND DOLLARS  OR  MORE  OF  FINANCIAL
LOSS TO A CONSUMER, SUCH VIOLATION SHALL CONSTITUTE A CLASS E FELONY.
  S  3.  Subdivision  4  of  section 159 of the general business law, as
added by chapter 754 of the laws of 1990, is amended to read as follows:
  4. Enforcement; penalties. Whenever there  shall  be  a  violation  of
section  one  hundred  fifty-seven-a,  ONE  HUNDRED  FIFTY-SEVEN-B,  one
hundred fifty-eight or one hundred fifty-eight-a  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  jurisdic-
tion  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 satisfac-
tion 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 restitu-
tion. Whenever the court shall determine that a violation of this  arti-
cle has occurred, the court may impose a civil penalty [of not more than
five  hundred  dollars]  BASED  ON  THE  AMOUNT OF FINANCIAL LOSS TO THE
CONSUMER WHOSE AGREEMENT WAS THE SUBJECT OF  SUCH  PROCEEDING  for  each
violation.  In connection with any such proposed application, the attor-
ney  general is authorized to take proof and make a determination of the
relevant facts and to issue subpoenas in accordance with the civil prac-
tice law and rules.
  S 4. This act shall take effect on the sixtieth  day  after  it  shall
have  become  a law and shall apply to all proceedings for violations of
article 10-A of the general business law beginning  on  and  after  such
effective date.