Bill Text: NY A07239 | 2017-2018 | General Assembly | Introduced
Bill Title: Requires travel agents to be registered with the department of state, and provides for the regulation thereof.
Spectrum: Slight Partisan Bill (Democrat 9-3)
Status: (Introduced - Dead) 2017-04-12 - referred to economic development [A07239 Detail]
Download: New_York-2017-A07239-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7239 2017-2018 Regular Sessions IN ASSEMBLY April 12, 2017 ___________ Introduced by M. of A. GJONAJ -- read once and referred to the Committee on Economic Development AN ACT to amend the general business law and the economic development law, in relation to requiring travel consultants and travel promoters located or doing business in this state to be registered with the department of state The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The general business law is amended by adding four new 2 sections 157-b, 157-c, 157-d and 157-e to read as follows: 3 § 157-b. Doing business without registration prohibited. 1. No travel 4 agent shall operate or do business in this state except as authorized by 5 this article and without first being registered by the department of 6 state. 7 2. Every registered travel agent shall conspicuously print upon every 8 document created for such agent, the registration number assigned to the 9 travel agent by the department of state. For the purposes of this 10 subdivision, "document" shall include business cards, personalized 11 stationery and every other document created by the travel agent specif- 12 ically for an individual client or customer. Furthermore, every travel 13 agent shall conspicuously post his or her registration number at his or 14 her place of business at a location regularly open to the public. 15 § 157-c. Application for registration. 1. Application for a registra- 16 tion required under this article shall be in writing, under oath, and in 17 the form prescribed by the secretary of state, and shall contain the 18 following: 19 a. The exact name and the residence of the applicant; 20 b. The complete address where the business of the applicant is to be 21 conducted; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00048-03-7A. 7239 2 1 c. If the applicant has one or more branches, subsidiaries or affil- 2 iates operating in the state, the complete address of each such place of 3 business; and 4 d. The information, statement, certification and sworn affirmation 5 required by section 3-503 of the general obligations law. 6 2. Upon original application for a registration to operate as a travel 7 agent, the applicant shall pay an application fee of one hundred 8 dollars. Upon application for renewal, the registrant shall pay a 9 renewal processing fee of one hundred dollars. 10 3. Upon filing of an application for a registration, if the secretary 11 of state shall be satisfied of the good character, competency and integ- 12 rity of the applicant, and of the principals and officers thereof are 13 such as to comply with the provisions of this article, he or she shall 14 thereupon issue a registration to operate as a travel agent in accord- 15 ance with the provisions of this article. The secretary of state shall 16 transmit such registration to the registrant and file a copy thereof 17 with the department of state. Such registration shall remain in full 18 force and effect for a period of two years unless it is surrendered by 19 the registrant or revoked or suspended as provided in this article. The 20 secretary of state shall approve or deny every application for registra- 21 tion within one hundred fifty days from the filing thereof. The depart- 22 ment of state shall notify the applicant of a denial of registration and 23 the reason for such denial. 24 § 157-d. Registration. 1. Each registration issued pursuant to this 25 article shall state the address or addresses at which the business is to 26 be conducted, state fully the name of the registrant, the expiration 27 date of the registration and the unique registration number assigned to 28 the registrant. A copy of such registration shall be prominently posted 29 in each place of business of the registrant. Such registration shall not 30 be transferable or assignable. Every registration and renewal thereof 31 shall expire one year after the date of its issuance. 32 2. In the event that there shall be any change to the information 33 submitted by the registrant to the department of state, the registrant 34 shall notify the secretary of state in writing within ten business days. 35 3. A registration granted under the provisions of this article may be 36 renewed by the department of state upon application therefor by the 37 registrant, in such form as the department of state may prescribe, 38 accompanied by the non-refundable renewal processing fee. No registrant 39 shall carry on any business subject to this article during any period 40 which may exist between the date of expiration of a registration and the 41 renewal thereof. Every application for the renewal of a registration 42 shall include the information, statement, certification and sworn affir- 43 mation required by section 3-503 of the general obligations law, unless 44 waived by the department of state. 45 4. The department of state shall post and make available to the public 46 on its internet website a database searchable by each registered travel 47 agent: 48 a. first or last name; 49 b. registration number; 50 c. name of business; or 51 d. business location, including municipality, county or zip code. 52 The department of economic development shall include on its website a 53 conspicuously placed link to the department of state's travel agent 54 registration database. 55 § 157-e. Grounds for denial, suspension or revocation of registration. 56 1. The secretary of state shall have the power to suspend or revoke aA. 7239 3 1 registration or, in lieu thereof, to impose a fine not exceeding one 2 thousand dollars payable to the department of state, or reprimand any 3 registrant or deny an application for a registration or renewal thereof 4 upon proof: 5 a. that the applicant or registrant has violated any of the provisions 6 of this article or the rules and regulations promulgated pursuant there- 7 to; 8 b. that the applicant or registrant has knowingly practiced fraud, 9 deceit or misrepresentation; or 10 c. that the applicant or registrant has knowingly made a material 11 misstatement in the application for or renewal of his or her registra- 12 tion. 13 2. Every registration issued pursuant to this article shall remain in 14 full force and effect for a period of two years unless the registration 15 shall have been surrendered, revoked or suspended. The secretary of 16 state shall have authority to reinstate a suspended registration or to 17 issue a new registration to a registrant whose registration shall have 18 been revoked if no fact or condition then exists which would have 19 warranted the secretary of state in refusing originally to issue such 20 registration under this article. 21 3. Whenever the secretary of state shall revoke or suspend a registra- 22 tion issued pursuant to this article, he or she shall immediately 23 execute a written order to that effect. The secretary of state shall 24 file such order in the office of the department of state and shall 25 forthwith serve a copy thereof upon the registrant. Any such order may 26 be reviewed in the manner provided by article seventy-eight of the civil 27 practice law and rules. The use of any registration number of a regis- 28 tration that has been suspended or revoked shall be prohibited after 29 such suspension or revocation. 30 § 2. Section 159 of the general business law, as amended by chapter 31 754 of the laws of 1990, is amended to read as follows: 32 § 159. Violations and penalties. 1. Except as otherwise provided by 33 law, any [travel consultant who shall violate the terms of section one34hundred fifty-eight] who knowingly violates the provisions of this arti- 35 cle shall be guilty of a misdemeanor, or may be subject to a civil fine 36 imposed by the department of state in an amount not to exceed one thou- 37 sand dollars. 38 2. [Except as otherwise provided by law, any travel promoter who shall39knowingly violate the terms of section one hundred fifty-eight-a of this40article shall be guilty of a misdemeanor.413.] The district attorney of any county may bring an action in the 42 name of the people of the state to restrain or prevent any violation of 43 this article or any continuance of any such violation. 44 [4.] 3. Enforcement; penalties. Whenever there shall be a violation of 45 [section one hundred fifty-seven-a, one hundred fifty-eight or one46hundred fifty-eight-a of] this article, an application may be made by 47 the attorney general in the name of the people of the state of New York 48 to a court or justice having jurisdiction by a special proceeding to 49 issue an injunction, and upon notice to the defendant of not less than 50 five days, to enjoin and restrain the continuance of such violations; 51 and if it shall appear to the satisfaction of the court or justice that 52 the defendant has, in fact, violated this article, an injunction may be 53 issued by such court or justice, enjoining and restraining any further 54 violation, without requiring proof that any person has, in fact, been 55 injured or damaged thereby. In any such proceeding, the court may make 56 allowances to the attorney general as provided in paragraph six ofA. 7239 4 1 subdivision (a) of section eighty-three hundred three of the civil prac- 2 tice law and rules, and direct restitution. Whenever the court shall 3 determine that a violation of this article has occurred, the court may 4 impose a civil penalty of not more than five hundred dollars for each 5 violation. In connection with any such proposed application, the attor- 6 ney general is authorized to take proof and make a determination of the 7 relevant facts and to issue subpoenas in accordance with the civil prac- 8 tice law and rules. 9 4. Notwithstanding any other provision of law to the contrary, the 10 department of state, shall, before imposing any civil penalty or 11 suspending or revoking a license, notify the registrant in writing that 12 a violation of this article has occurred, and shall afford the regis- 13 trant an opportunity to be heard in person or by counsel at an adminis- 14 trative hearing. Such notification shall be served personally or by 15 certified mail to the registrant's last known address or in any manner 16 authorized by the civil practice law and rules. 17 5. Administrative hearings held pursuant to this section shall be 18 conducted by the office of administrative hearings of the department of 19 state pursuant to part four hundred of title nineteen of the New York 20 state codes, rules and regulations and subject to the rules provided 21 therein. Any notice issued pursuant to this section shall be served at 22 least ten days prior to the date set for the administrative hearing. 23 § 3. Paragraphs (d) and (e) of subdivision 3 of section 154 of the 24 economic development law, as added by section 1 of part DD of chapter 59 25 of the laws of 2006, are amended and a new paragraph (f) is added to 26 read as follows: 27 (d) all reports and data required to be produced and maintained by 28 this section; [and] 29 (e) any other data deemed appropriate[.]; and 30 (f) a listing of all travel agents registered by the department of 31 state pursuant to article ten-A of the general business law, and their 32 corresponding registration numbers. 33 § 4. This act shall take effect on the first of January next succeed- 34 ing the date on which it shall have become a law; provided that, effec- 35 tive immediately, the department of state and the secretary of state are 36 authorized and directed to complete any and all actions necessary to 37 implement the provisions of article 10-A of the general business law, as 38 amended by sections one and two of this act, on the effective date of 39 this act.
