Bill Text: NY S00462 | 2017-2018 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Requires travel consultants and travel promoters to be registered with the department of state, and provides for the regulation thereof.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-01-03 - REFERRED TO CONSUMER PROTECTION [S00462 Detail]
Download: New_York-2017-S00462-Introduced.html
Bill Title: Requires travel consultants and travel promoters to be registered with the department of state, and provides for the regulation thereof.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-01-03 - REFERRED TO CONSUMER PROTECTION [S00462 Detail]
Download: New_York-2017-S00462-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 462 2017-2018 Regular Sessions IN SENATE (Prefiled) January 4, 2017 ___________ Introduced by Sen. PERALTA -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection 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; and to repeal article 10-A of the general busi- ness law relating to the truth in travel act The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Article 10-A of the general business law is REPEALED and a 2 new article 10-A is added to read as follows: 3 ARTICLE 10-A 4 SELLERS OF TRAVEL AGENTS 5 Section 155. Legislative intent. 6 155-a. Definitions. 7 156. Doing business without registration prohibited. 8 156-a. Application for registration. 9 156-b. Conditions precedent to registration. 10 156-c. Registration. 11 156-d. Grounds for denial, suspension or revocation of registra- 12 tion. 13 156-e. Preemption. 14 156-f. Regulations. 15 157. Travel agreements. 16 157-a. Prohibited practices by travel consultants. 17 157-b. Prohibited practices by travel promoters. 18 158. Violations and penalties. 19 159. Severability. 20 § 155. Legislative intent. It is hereby determined and declared that 21 the promotion of travel, either individually or as a group, is now of EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00048-01-7S. 462 2 1 such volume that it is in the public interest to subject it to the 2 registration by and the supervision of the department of state for the 3 purpose of safeguarding the public against fraud, false advertising, 4 misrepresentation and similar abuses. 5 § 155-a. Definitions. As used in this article: 6 1. "Applicant" means a travel agent who has filed an application with 7 the department for a registration. 8 2. "Department" means the department of state. 9 3. "Merchant account number" means an identifying number given by a 10 financial institution to a merchant for purposes of identifying the 11 merchant in the processing of credit cards and/or debit cards. 12 4. "Registrant" means a travel agent that has been issued a registra- 13 tion in accordance with the provisions of this article. 14 5. "Secretary" means the secretary of state. 15 6. "Time share" means an interest in any arrangement, plan, scheme, or 16 similar device, whether by membership, agreement, tenancy in common, 17 sale, lease, deed, rental agreement, license, or right-to-use agreement 18 or by any other means, whereby three or more purchasers, in exchange for 19 consideration, receive ownership rights in or a right to use the same 20 accommodations or facilities in real property, or both, for different 21 intervals of less than a full year during any given year, but not neces- 22 sarily for consecutive years, and which extend for a period of more than 23 three years or which, for nominal consideration, may be renewed to 24 continue for a period of more than three years. 25 7. "Travel agent" means any travel promoter or travel consultant 26 having a place of business in this state or offering travel services to 27 any person in this state. 28 The term "travel agent" shall not include: 29 a. any agent who is providing services exclusively for members in a 30 membership organization; 31 b. any agent who is providing services exclusively for employees or 32 agents of a business entity registered with the department; 33 c. an employee, who in connection with the business of being the 34 direct supplier of accommodations, also provides other local travel 35 services that are purchased from another person or business; 36 d. any person engaged solely in the business of renting motor vehi- 37 cles; or 38 e. any person, firm, corporation, limited liability company, partner- 39 ship or association, or employee thereof, which only sells or offers for 40 sale travel services that are provided by such person, firm, corpo- 41 ration, limited liability company, partnership or association, or any 42 affiliate thereof. 43 8. "Travel consultant" means any person, firm, limited liability 44 company, corporation, partnership or association, other than a common 45 carrier or employee of a common carrier, who as principal or agent, 46 sells or offers for sale any travel tickets or orders for transporta- 47 tion, or negotiates for or holds himself or herself out by solicitation, 48 advertisement or otherwise as one who sells, provides, furnishes 49 contracts or arranges for such travel tickets or orders for transporta- 50 tion. 51 For the purposes of this article, "carrier" means any person, firm, 52 limited liability company, corporation, partnership or association 53 engaged in the business of transporting persons for hire. 54 9. "Travel promoter" means any person, firm, corporation, limited 55 liability company, partnership or association, other than a common 56 carrier or employee of a common carrier, who is primarily engaged in theS. 462 3 1 direct solicitation of persons, by mail or telephone, for the sale of 2 any travel or vacation investments, goods, products or services, includ- 3 ing, but not limited to travel or tour benefits, real property, inter- 4 ests in real property, time shares, lodging, commodities or securities. 5 For purposes of this article, a "travel promoter" does not include: 6 a. a person, firm, corporation, limited liability company, partnership 7 or association that is an officially appointed agent of a common carrier 8 and meets standards no less than those required for authorized agents of 9 the airline reporting corporation; 10 b. a person, firm, corporation, limited liability company, partnership 11 or association that is a registered member in good standing of the 12 Cruise Lines International Association and who solely solicits and/or 13 sells travel services and products as an officially appointed agent of 14 one or more ocean carriers in the sale of the ocean carrier's travel 15 services pursuant to the agency appointment; or 16 c. a broker-dealer registered with the securities and exchange commis- 17 sion or the department of law who is engaged in the sale of securities 18 or commodities or sale or rental of real estate pursuant to its regis- 19 tration. 20 10. "Travel services" means transportation, accommodations in lodgings 21 such as hotels, motels or motor courts, rental of motor vehicles, or any 22 other service related to travel. For purposes of this article, "travel 23 services" shall include investments in time shares. 24 § 156. Doing business without registration prohibited. 1. No travel 25 agent shall operate or do business in this state except as authorized by 26 this article and without first being registered by the department. 27 2. Every registered travel agent shall conspicuously print upon every 28 document created for such agent, the registration number assigned to the 29 travel agent by the department. For the purposes of this subdivision, 30 "document" shall include business cards, personalized stationery and 31 every other document created by the travel agent specifically for an 32 individual client or customer. Furthermore, every travel agent shall 33 conspicuously post his or her registration number at his or her place of 34 business at a location regularly open to the public. Any violation of 35 this subdivision shall grant any customer of the travel agent the option 36 to void any contract with such agent without penalty or liability. 37 § 156-a. Application for registration. 1. Application for a registra- 38 tion required under this article shall be in writing, under oath, and in 39 the form prescribed by the secretary, and shall contain the following: 40 a. The exact name and the address of the applicant; 41 b. The complete address where the business of the applicant is to be 42 conducted; 43 c. If the applicant has one or more branches, subsidiaries or affil- 44 iates operating in the state, the complete address of each such place of 45 business; and 46 d. The information, statement, certification and sworn affirmation 47 required by section 3-503 of the general obligations law. 48 2. Upon original application for a registration to operate as a travel 49 agent, the applicant shall pay an application fee of one hundred 50 dollars. Upon application for an annual renewal, the registrant shall 51 pay a renewal processing fee of one hundred dollars. 52 § 156-b. Conditions precedent to registration. Upon filing of an 53 application for a registration, if the secretary shall be satisfied of 54 the good character, competency and integrity of the applicant, and of 55 the principals and officers thereof are such as to comply with the 56 provisions of this article, he or she shall thereupon issue a registra-S. 462 4 1 tion to operate as a travel agent in accordance with the provisions of 2 this article. The secretary shall transmit such registration to the 3 registrant and file a copy thereof in the office of the department. Such 4 registration shall remain in full force and effect for a period of one 5 year unless it is surrendered by the registrant or revoked or suspended 6 as provided in this article; if the secretary shall not so find, the 7 secretary shall not issue such registration and the secretary shall 8 notify the applicant of the denial in writing. The secretary shall 9 approve or deny every application for registration within one hundred 10 fifty days from the filing thereof. 11 § 156-c. Registration. 1. Each registration issued pursuant to this 12 article shall state the address or addresses at which the business is to 13 be conducted, state fully the name of the registrant, the expiration 14 date of the registration and the unique registration number assigned to 15 the registrant. A copy of such registration shall be prominently posted 16 in each place of business of the registrant. Such registration shall not 17 be transferable or assignable. Every registration and renewal thereof 18 shall expire one year after the date of its issuance. 19 2. In the event the location at which the business is to be conducted 20 shall be changed, the registrant shall forthwith notify the secretary in 21 writing, who shall, upon payment of such fees as shall be established by 22 the department therefor, attach to the registration a rider setting 23 forth such changed location. 24 3. In the event that there shall be any change in the registrant's 25 information, the registrant shall notify the secretary in writing within 26 ten business days. Except for such change made on a renewal applica- 27 tion, the department shall establish and impose a fee for the processing 28 of any such change. 29 4. A registration granted under the provisions of this article may be 30 renewed by the department upon application therefor by the registrant, 31 in such form as the department may prescribe, accompanied by the non-re- 32 fundable renewal processing fee pursuant to subdivision two of section 33 one hundred fifty-six-a of this article. In no event will renewal be 34 granted more than thirty days after the date of expiration of a regis- 35 tration; provided, however, that any registrant who is unable to renew 36 his or her registration because of active duty service in the armed 37 forces of the United States, shall be authorized to submit an applica- 38 tion for renewal if such application is submitted within thirty days of 39 his or her release from active duty. No registrant shall carry on any 40 business subject to this article during any period which may exist 41 between the date of expiration of a registration and the renewal there- 42 of. Every application for the renewal of a registration shall include 43 the information, statement, certification and sworn affirmation required 44 by section 3-503 of the general obligations law; provided, however, that 45 the department may waive the requirement of such statement, required by 46 such section, as it may deem to be unnecessary, but under no condition 47 shall the requirements of section 3-503 of the general obligations law 48 be waived. 49 5. The department shall post and make available to the public on its 50 internet website a database searchable by each registered travel agent: 51 a. first or last name; 52 b. registration number; 53 c. name of business; or 54 d. business location, including municipality, county or zip code. 55 The department of economic development shall include on the state 56 marketing internet website pursuant to section one hundred fifty-four ofS. 462 5 1 the economic development law by means of a conspicuously placed link to 2 the department's travel agent registration database. 3 § 156-d. Grounds for denial, suspension or revocation of registration. 4 1. The secretary shall have the power to suspend or revoke a registra- 5 tion or, in lieu thereof, to impose a fine not exceeding one thousand 6 dollars payable to the department, or reprimand any registrant or deny 7 an application for a registration or renewal thereof upon proof: 8 a. that the applicant or registrant has violated any of the provisions 9 of this article or the rules and regulations promulgated pursuant there- 10 to; 11 b. that the applicant or registrant has practiced fraud, deceit or 12 misrepresentation; 13 c. that the applicant or registrant has knowingly made a material 14 misstatement in the application for or renewal of his or her registra- 15 tion; or 16 d. that the applicant or registrant has demonstrated incompetence or 17 untrustworthiness in his or her actions. 18 2. Every registration issued pursuant to this article shall remain in 19 full force and effect for a period of one year unless the same shall 20 have been surrendered, revoked or suspended in accordance with the 21 provisions of this article. The secretary shall have authority to rein- 22 state a suspended registration or to issue a new registration to a 23 registrant whose registration shall have been revoked if no fact or 24 condition then exists which would have warranted the secretary in refus- 25 ing originally to issue such registration under this article. 26 3. Whenever the secretary shall revoke or suspend a registration 27 issued pursuant to this article, the secretary shall immediately execute 28 a written order to that effect. The secretary shall file such order in 29 the office of the department and shall forthwith serve a copy thereof 30 upon the registrant. Any such order may be reviewed in the manner 31 provided by article seventy-eight of the civil practice law and rules. 32 The use of any registration number of a registration that has been 33 suspended or revoked shall be prohibited after such suspension or revo- 34 cation. 35 4. Any person who has had his or her registration suspended by the 36 department shall be ineligible to apply for registration pursuant to 37 this article for a period of one year after such suspension. 38 5. a. The department shall, before denying an application for a regis- 39 tration or before revoking or suspending any registration, excepting a 40 temporary suspension, or imposing any fine or reprimand, and at least 41 fifteen days prior to the date set for the hearing, and upon due notice 42 to the complainant or objector, notify in writing the applicant for or 43 the holder of such registration of any charge made and shall afford said 44 applicant or registrant an opportunity to be heard in person or by coun- 45 sel in reference thereto. Such written notice may be served by delivery 46 of same personally to the applicant or registrant, or by mailing same by 47 certified mail to the last known business address of such applicant or 48 registrant. 49 b. The hearing on such charges shall be at such time and place as the 50 department shall prescribe and shall be conducted by such officer or 51 person in the department as the secretary may designate, who shall have 52 the power to subpoena and bring before the officer or person so desig- 53 nated any person in this state, and administer an oath to and take 54 testimony of any person or cause his deposition to be taken. A subpoena 55 issued under this subdivision shall be regulated by the civil practice 56 law and rules. Such officer or person in the department of state desig-S. 462 6 1 nated to take such testimony shall not be bound by common law or statu- 2 tory rules or evidence or by technical or formal rules of procedure. 3 c. In the event that the department shall deny the application for, or 4 revoke or suspend any such registration, or impose any fine or repri- 5 mand, its determination shall be in writing and officially signed. The 6 original of such determination, when so signed, shall be filed in the 7 office of the department and copies thereof shall be mailed to the 8 applicant or registrant and to the complainant within two days after the 9 filing thereof. 10 d. The department, acting by the officer or person designated to 11 conduct the hearing pursuant to paragraph b of this subdivision or by 12 such other officer or person in the department as the secretary may 13 designate, shall have the power to suspend the registration of any 14 registrant who has been convicted in this state or any other state or 15 territory of a felony or of any misdemeanor or offense enumerated under 16 subdivision two of section seventy-four or under section eighty-four of 17 this chapter for a period not exceeding thirty days pending a hearing 18 and a determination of charges made against him or her. If such hearing 19 is adjourned at the request of the registrant, or by reason of any act 20 or omission by him or her or on his or her behalf, such suspension may 21 be continued for the additional period of such adjournment. 22 e. The action of the department in granting or refusing to grant or to 23 renew a registration under this article or in revoking or suspending or 24 refusing to revoke or suspend such a registration or imposing any fine 25 or reprimand shall be subject to review by a proceeding instituted under 26 article seventy-eight of the civil practice law and rules at the 27 instance of the applicant for such registration number, the holder of a 28 registration number so revoked, suspended, fined or reprimanded or the 29 person aggrieved. 30 § 156-e. Preemption. The provisions of sections one hundred fifty-six, 31 one hundred fifty-six-a, one hundred fifty-six-b, one hundred 32 fifty-six-c and one hundred fifty-six-d of this article shall exclusive- 33 ly govern all travel agents notwithstanding the provisions of any other 34 law to the contrary, and furthermore, no local law, code or ordinance 35 shall be enacted which shall require any fee, license or registration 36 for the licensure or registration of travel agents. 37 § 156-f. Regulations. The secretary is hereby authorized and empowered 38 to make such rules and regulations necessary for the proper conduct of 39 the business authorized under this article, and not inconsistent with 40 the provisions of this article. 41 § 157. Travel agreements. 1. When a person agrees, in response to a 42 solicitation by a travel promoter which is directed to the person indi- 43 vidually, to purchase membership in a travel club or to enter into any 44 travel services contract or other agreement to accept transportation, 45 lodging, an interest or investment in a time share plan, travel invest- 46 ments, or other travel services, the travel promoter must provide such 47 purchaser with written disclosure of all limitations on and terms of 48 such purchase or agreement within five business days of the date of the 49 agreement. Such disclosure shall clearly and conspicuously include: 50 a. the name, business address and telephone number of the travel 51 promoter; 52 b. the amount due, the date of payment, the purpose of the payment and 53 an itemized statement of the balance due, if any; 54 c. the name of the carrier with which the travel promoter has 55 contracted to provide the transportation, the type and size of carrier 56 to be used, and the date, time and place of each departure;S. 462 7 1 d. a detailed description of any other services provided in conjunc- 2 tion with the transportation; 3 e. conditions, if any, upon which the travel services contract between 4 the travel promoter and the traveler may be cancelled, and the rights 5 and obligations of all parties in the event of such cancellation; 6 f. the conditions, if any, upon which the travel services contract 7 between the travel promoter and the carrier or other service provider 8 may be cancelled, and the rights and obligations of all parties in the 9 event of such cancellation; and 10 g. a description of all contingencies, limitations and/or conditions 11 of the agreement. 12 2. After receipt of full written disclosure, the purchaser may cancel 13 such an agreement until midnight of the third business day after the 14 disclosure is received by the purchaser, by use of the form prescribed 15 in subdivision three of this section; however, notice of cancellation 16 need not take the form prescribed and shall be sufficient if it indi- 17 cates the intention of the buyer not to be bound. Notice of cancella- 18 tion, if given by mail, shall be deemed given when deposited in a mail- 19 box, properly addressed and postage prepaid. 20 3. The written disclosure shall include, in addition to the require- 21 ments of subdivision two of this section, the following statement print- 22 ed in capital and lower case letters of not less than ten point bold 23 faced type: 24 "YOU MAY CANCEL THIS TRANSACTION, WITHOUT ANY PENALTY OR OBLI- 25 GATION, WITHIN THREE BUSINESS DAYS FROM THE RECEIPT OF THIS 26 DISCLOSURE. 27 TO CANCEL THIS TRANSACTION, MAIL OR DELIVER A SIGNED AND DATED 28 COPY OF THIS CANCELLATION NOTICE OR ANY OTHER WRITTEN NOTICE OR 29 SEND A TELEGRAM TO 30 (Name of Seller), AT (Address of seller) 31 ______________________________ ___________________________ 32 NOT LATER THAN 33 MIDNIGHT OF THE THIRD DAY 34 AFTER RECEIPT OF THIS 35 ___________________________ DISCLOSURE 36 (Place of Business) 37 __________________________ 38 __________________________ 39 (Date) 40 I HEREBY CANCEL THIS TRANSACTION 41 (Date) 42 ______________________________ 43 (Purchaser's Signature)". 44 4. Until the written disclosure required by subdivision one of this 45 section has been received, the purchaser may cancel the agreement by 46 notifying the travel promoter in any manner and by any means of his or 47 her intention to cancel.S. 462 8 1 5. Within ten days after notice of cancellation is given, the travel 2 promoter shall refund to the purchaser concerned any payments made by 3 such purchaser; such refund may be made by reaccrediting the purchaser's 4 account if a credit card, debit card or electronic funds transfer was 5 used to make a payment and if the travel promoter informs the purchaser 6 in writing that the account has been reaccredited. 7 6. If the travel promoter fails within the period prescribed by subdi- 8 vision five of this section to return all payments made by a purchaser, 9 he or she shall be liable to the purchaser for such payments. 10 7. If the purchaser is successful in an action to enforce any 11 provision of this section or section one hundred fifty-seven-b of this 12 article or appeal thereon, the court shall award the purchaser one 13 hundred dollars and may award reasonable attorney's fees and costs, in 14 addition to any other remedy. 15 8. The obligations imposed by this section shall be in addition to and 16 not in derogation of the requirements of any other law. 17 § 157-a. Prohibited practices by travel consultants. It shall be ille- 18 gal for any travel consultant and, if such travel consultant is a corpo- 19 ration, any officer or director thereof, to engage in any or all of the 20 following enumerated practices: 21 1. Knowingly misrepresent the quality or kind of service, type or size 22 of aircraft, vehicle, ship or train, time of departure or arrival, 23 points served, route to be traveled, stops to be made, or total trip- 24 time from point of departure to destination or other services available, 25 reserved or contracted for in connection with any trip or tour. 26 2. Knowingly misrepresent the fares and charges for transportation or 27 services in connection therewith. 28 3. Knowingly advertise or otherwise offer for sale or sell transporta- 29 tion or services in connection therewith at less than the rates, fares 30 and charges specified in the currently effective tariffs of the carrier, 31 who is engaged to provide such transportation or services, or knowingly 32 offer or give rebates or other concessions thereon, or knowingly assist 33 or permit a person or persons to obtain such transportation or services 34 at less than such lawful rates, fares and charges. 35 4. Knowingly misrepresent that special priorities for reservations are 36 available when such special considerations are not in fact granted to 37 members of the public generally. 38 5. Knowingly sell transportation to a person or persons on a reserva- 39 tion or charter basis for specified space, flight or time or knowingly 40 represent that such definite reservation or charter is or will be avail- 41 able or has been arranged, without a binding commitment with a carrier 42 for the furnishing of such definite reservation or charter as repres- 43 ented or sold. 44 6. Knowingly sell or issue tickets or other documents to passengers to 45 be exchanged or used for transportation if such tickets or other docu- 46 ments will not be or cannot be legally honored by carriers for transpor- 47 tation. 48 7. Knowingly misrepresent the requirements that must be met by a 49 person or persons in order to qualify for charter or group fare rates. 50 § 157-b. Prohibited practices by travel promoters. It shall be illegal 51 for any travel promoter and, if such travel promoter is a corporation, 52 any officer or director thereof, to engage in any or all of the follow- 53 ing enumerated practices: 54 1. Offer free accommodations for more than one person and free travel 55 for one person when the charge for the travel of the additional person 56 or persons is equal to or exceeds what would have been paid for theS. 462 9 1 total number of travel tickets without utilizing the travel services 2 offered by the travel promoter. 3 2. Use a merchant account number assigned to a merchant other than the 4 travel promoter providing or offering the travel service in order to 5 process credit card charges and purchases. 6 3. Misrepresent the quality or kind of service, type or size of 7 aircraft, vehicle, ship or train, time of departure or arrival, points 8 served, route to be traveled, stops to be made, total trip-time from 9 point of departure to destination, type or size of lodging, time share 10 or other accommodation, availability of lodging, time share or other 11 accommodation, or other services available, reserved or contracted for 12 in connection with any trip, tour or other travel services, unless such 13 misrepresentation was based upon a reasonable belief as to the services 14 available based upon representations made by the person, company, corpo- 15 ration, common carrier or other entity offering such services. 16 4. Misrepresent the fares and charges for transportation or services 17 in connection therewith, unless such misrepresentation was based upon a 18 reasonable belief as to the fares and charges applicable based upon rep- 19 resentations made by the person, company, corporation, common carrier or 20 other entity offering such services. 21 5. Advertise or otherwise offer for sale or sell transportation or 22 services in connection therewith at less than the rates, fares and 23 charges specified in the currently effective tariffs of the carrier that 24 is engaged to provide such transportation or services, or offer or give 25 rebates or other concessions thereon, or assist or permit a person or 26 persons to obtain such transportation or services at less than such 27 lawful rates, fares and charges. 28 6. Misrepresent that special priorities for reservations are available 29 when such special considerations are not in fact granted to members of 30 the public generally. 31 7. Sell transportation to a person or persons on a reservation or 32 charter basis for specified space, flight or time or represent that such 33 definite reservation or charter is or will be available or has been 34 arranged, without a binding commitment with a carrier for the furnishing 35 of such definite reservation or charter as represented or sold. 36 8. Sell or issue tickets or other documents to passengers to be 37 exchanged or used for transportation if such tickets or other documents 38 will not be or cannot be legally honored by carriers for transportation. 39 9. Misrepresent the requirements that must be met by a person or 40 persons in order to qualify for charter or group fare rates, unless such 41 misrepresentation was based upon a reasonable belief as to the require- 42 ments applicable based upon representations made by the person, company, 43 corporation, common carrier or other entity offering such charter or 44 group fare. 45 § 158. Violations and penalties. 1. Any person, partnership, associ- 46 ation, limited liability company, or corporation and the several 47 members, principals, officers, directors, agents and employees thereof, 48 who knowingly and willfully makes material misstatements in the applica- 49 tion for a renewal of a registration in this article shall be guilty of 50 a misdemeanor, which upon the first conviction thereof shall be punisha- 51 ble by imprisonment for not more than six months, or by a fine of not 52 more than one thousand dollars, or by both such fine and imprisonment, 53 and upon a second or subsequent conviction thereof by a term of impri- 54 sonment not to exceed one year, or by a fine of not less than one thou- 55 sand dollars and not to exceed two thousand five hundred dollars, or by 56 both such fine and imprisonment.S. 462 10 1 2. Any registrant who shall knowingly and willfully fail to surrender 2 his or her registration within five days of receipt of notice of suspen- 3 sion, revocation or non-renewal thereof by the secretary, or the officer 4 designated by the secretary to preside over the hearing, pursuant to the 5 provisions of section one hundred fifty-six-d of this article, shall be 6 guilty of a violation, punishable by a fine not to exceed two hundred 7 fifty dollars, in addition to any other penalty prescribed by law. 8 3. Notwithstanding the provisions of subdivision two of this section, 9 when it is determined after a hearing pursuant to section one hundred 10 fifty-six-d of this article that the registrant has violated one or more 11 provisions of this article, the secretary may, in lieu of revocation or 12 suspension of such license, impose a fine not to exceed one thousand 13 dollars for each violation payable to the department. 14 4. Except as otherwise provided by law, any travel consultant who 15 shall violate the terms of section one hundred fifty-seven-a of this 16 article shall be guilty of a misdemeanor. 17 5. Except as otherwise provided by law, any travel promoter who shall 18 knowingly violate the terms of section one hundred fifty-seven-b of this 19 article shall be guilty of a misdemeanor. 20 6. The district attorney of any county may bring an action in the name 21 of the people of the state to restrain or prevent any violation of this 22 article or any continuance of any such violation. 23 7. Whenever there shall be a violation of section one hundred fifty- 24 seven, one hundred fifty-seven-a or one hundred fifty-seven-b of this 25 article, an application may be made by the attorney general in the name 26 of the people of the state of New York to a court or justice having 27 jurisdiction by a special proceeding to issue an injunction, and upon 28 notice to the defendant of not less than five days, to enjoin and 29 restrain the continuance of such violations; and if it shall appear to 30 the satisfaction of the court or justice that the defendant has, in 31 fact, violated this article, an injunction may be issued by such court 32 or justice, enjoining and restraining any further violation, without 33 requiring proof that any person has, in fact, been injured or damaged 34 thereby. In any such proceeding, the court may make allowances to the 35 attorney general as provided in paragraph six of subdivision (a) of 36 section eighty-three hundred three of the civil practice law and rules, 37 and direct restitution. Whenever the court shall determine that a 38 violation of this article has occurred, the court may impose a civil 39 penalty of not more than five hundred dollars for each violation. In 40 connection with any such proposed application, the attorney general is 41 authorized to take proof and make a determination of the relevant facts 42 and to issue subpoenas in accordance with the civil practice law and 43 rules. 44 § 159. Severability. If any provision of this article or the applica- 45 tion thereof to any person or circumstances is held invalid the invalid- 46 ity thereof shall not affect other provisions or applications of the 47 article which can be given effect without the invalid provision or 48 application, and to this end the provisions of this article are severa- 49 ble. 50 § 2. Paragraphs (d) and (e) of subdivision 3 of section 154 of the 51 economic development law, as added by section 1 of part DD of chapter 59 52 of the laws of 2006, are amended and a new paragraph (f) is added to 53 read as follows: 54 (d) all reports and data required to be produced and maintained by 55 this section; [and] 56 (e) any other data deemed appropriate[.]; andS. 462 11 1 (f) a listing of all travel agents registered by the department of 2 state pursuant to article ten-A of the general business law, and their 3 corresponding registration numbers. 4 § 3. This act shall take effect on the first of January next succeed- 5 ing the date on which it shall have become a law; provided that, effec- 6 tive immediately, the department of state and the secretary of state are 7 authorized and directed to complete any and all actions necessary to 8 implement the provisions of article 10-A of the general business law, as 9 added by section one of this act, on its effective date.
