S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10617
 
                           I N  A S S E M B L Y
 
                               June 10, 2020
                                ___________
 
 Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Cymbrowitz)
   -- read once and referred to the Committee  on  Consumer  Affairs  and
   Protection
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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

 A. 10617                            2
 
 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  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.