Senate Bill S8854

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8854
 
                             I N  S E N A T E
 
                               July 29, 2020
                                ___________
 
 Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the general business law, in  relation  to  establishing
   the  failure  to  refund  school-related  educational  trips, tours or
   excursions during a declared state of emergency as an illegal act

   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
 158-b to read as follows:
   §  158-B. PROHIBITED PRACTICES; STATE OF DISASTER EMERGENCY.  NOTWITH-
 STANDING ANY PROVISION OF LAW, RULE OR REGULATION TO  THE  CONTRARY,  IT
 SHALL  BE  ILLEGAL  FOR ANY TRAVEL CONSULTANT, TRAVEL PROMOTER, OR OTHER
 ENTITY ACTING ON BEHALF OF A CONSUMER TO  PROVIDE  TRAVEL  SERVICES,  TO
 FAIL  TO  PROVIDE A FULL MONETARY REFUND, UPON REQUEST, FOR A SCHOOL-RE-
 LATED EDUCATIONAL TRIP, TOUR OR EXCURSION CANCELLED AS  A  RESULT  OF  A
 DECLARED  STATE  OF  DISASTER EMERGENCY PURSUANT TO ARTICLE TWO-B OF THE
 EXECUTIVE LAW.
   § 2. Subdivision 4 of section 159 of  the  general  business  law,  as
 added  by chapter 754 of the laws of 1990, is amended and a new subdivi-
 sion 2-a is added to read as follows:
   2-A. EXCEPT AS OTHERWISE PROVIDED BY LAW, ANY TRAVEL CONSULTANT, TRAV-
 EL PROMOTER, OR OTHER ENTITY PROVIDING TRAVEL SERVICES WHO SHALL VIOLATE
 SECTION ONE HUNDRED FIFTY-EIGHT-B OF THIS ARTICLE SHALL BE GUILTY  OF  A
 MISDEMEANOR.
   4.  Enforcement;  penalties.  Whenever  there  shall be a violation of
 section one hundred fifty-seven-a, one  hundred  fifty-eight  [or],  one
 hundred  fifty-eight-a  OR ONE HUNDRED FIFTY-EIGHT-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 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,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD16539-02-0

 S. 8854                             2
 
 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 for each  violation;  PROVIDED,  HOWEVER,  A  CIVIL
 PENALTY  OF  NOT  MORE  THAN  FIVE THOUSAND DOLLARS MAY BE IMPOSED FOR A
 VIOLATION OF SECTION ONE HUNDRED FIFTY-EIGHT-B  OF  THIS  ARTICLE.    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.
   § 3. This act shall take effect immediately.