senate Bill S8854

2019-2020 Legislative Session

Relates to establishing the failure to refund school-related educational trips, tours or excursions during a declared state of emergency as an illegal act

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Rules Committee


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

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Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 29, 2020 referred to rules

S8854 (ACTIVE) - Details

See Assembly Version of this Bill:
A10617
Current Committee:
Senate Rules
Law Section:
General Business Law
Laws Affected:
Add §158-b, amd §159, Gen Bus L

S8854 (ACTIVE) - Summary

Establishes the failure to provide a full monetary refund for school-related educational trips, tours or excursions during a declared state of emergency as an illegal act; such act shall be a misdemeanor.

S8854 (ACTIVE) - Sponsor Memo

S8854 (ACTIVE) - Bill Text download pdf


                    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

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