S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6442
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 7, 2019
                                ___________
 
 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:
   §  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10284-01-9
              

 A. 6442                             2
 
   7. A DESCRIPTION OF ALL CONTINGENCIES, LIMITATIONS  AND/OR  CONDITIONS
 OF THE AGREEMENT.
   §  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.
   §  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.
   § 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.