Bill Text: NY A10617 | 2019-2020 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-06-10 - referred to consumer affairs and protection [A10617 Detail]

Download: New_York-2019-A10617-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          10617

                   IN ASSEMBLY

                                      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:

     1    Section 1. The general business law is amended by adding a new section
     2  158-b to read as follows:
     3    § 158-b. Prohibited practices; state of disaster emergency.   Notwith-
     4  standing  any  provision  of law, rule or regulation to the contrary, it
     5  shall be illegal for any travel consultant, travel  promoter,  or  other
     6  entity  acting  on  behalf  of a consumer to provide travel services, to
     7  fail to provide a full monetary refund, upon request, for  a  school-re-
     8  lated  educational  trip,  tour  or excursion cancelled as a result of a
     9  declared state of disaster emergency pursuant to article  two-B  of  the
    10  executive law.
    11    §  2.  Subdivision  4  of  section 159 of the general business law, as
    12  added by chapter 754 of the laws of 1990, is amended and a new  subdivi-
    13  sion 2-a is added to read as follows:
    14    2-a. Except as otherwise provided by law, any travel consultant, trav-
    15  el promoter, or other entity providing travel services who shall violate
    16  section  one  hundred fifty-eight-b of this article shall be guilty of a
    17  misdemeanor.
    18    4. Enforcement; penalties. Whenever there  shall  be  a  violation  of
    19  section  one  hundred  fifty-seven-a,  one hundred fifty-eight [or], one
    20  hundred fifty-eight-a or one hundred fifty-eight-b of this  article,  an
    21  application  may  be  made  by  the  attorney general in the name of the
    22  people of the state of New York to a court or justice  having  jurisdic-
    23  tion  by a special proceeding to issue an injunction, and upon notice to
    24  the defendant of not less than five days, to  enjoin  and  restrain  the
    25  continuance  of such violations; and if it shall appear to the satisfac-
    26  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

     1  this  article,  an  injunction  may  be issued by such court or justice,
     2  enjoining and restraining any further violation, without requiring proof
     3  that any person has, in fact, been injured or damaged thereby.   In  any
     4  such  proceeding,  the court may make allowances to the attorney general
     5  as provided in paragraph six of subdivision (a) of section  eighty-three
     6  hundred  three  of the civil practice law and rules, and direct restitu-
     7  tion.  Whenever the court shall determine that a violation of this arti-
     8  cle has occurred, the court may impose a civil penalty of not more  than
     9  five  hundred  dollars  for  each  violation; provided, however, a civil
    10  penalty of not more than five thousand dollars  may  be  imposed  for  a
    11  violation  of  section  one  hundred fifty-eight-b of this article.   In
    12  connection with any such proposed application, the attorney  general  is
    13  authorized  to take proof and make a determination of the relevant facts
    14  and to issue subpoenas in accordance with the  civil  practice  law  and
    15  rules.
    16    § 3. This act shall take effect immediately.