Bill Text: NY S00462 | 2017-2018 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         462--B
                               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  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee -- committee discharged,  bill  amended,
          ordered reprinted as amended and recommitted to said committee
        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.  The department of state shall provide each registered travel agent
     8  with  a  unique registration number. Every registered travel agent shall
     9  print his or her registration number on all business  cards,  and  shall
    10  provide  each  customer  with  a copy of his or her registration number.
    11  Every travel agent shall conspicuously  post  his  or  her  registration
    12  number  at  his or her place of business at a location regularly open to
    13  the public.
    14    § 157-c. Application for registration. 1. Application for a  registra-
    15  tion required under this article shall be in writing, under oath, and in
    16  the  form  prescribed  by  the secretary of state, and shall contain the
    17  following:
    18    a. The exact name and the residence of the applicant;
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00048-04-7
        S. 462--B                           2
     1    b. The complete address where the business of the applicant is  to  be
     2  conducted;
     3    c.  If  the applicant has one or more branches, subsidiaries or affil-
     4  iates operating in the state, the complete address of each such place of
     5  business; and
     6    d. The information, statement,  certification  and  sworn  affirmation
     7  required by section 3-503 of the general obligations law.
     8    2. Upon original application for a registration to operate as a travel
     9  agent,  the  applicant  shall  pay  an  application  fee  of one hundred
    10  dollars.   Upon application for renewal,  the  registrant  shall  pay  a
    11  renewal processing fee of one hundred dollars.
    12    3.  Upon filing of an application for a registration, if the secretary
    13  of state shall be satisfied of the good character, competency and integ-
    14  rity of the applicant, and of the principals and  officers  thereof  are
    15  such  as  to comply with the provisions of this article, he or she shall
    16  thereupon issue a registration to operate as a travel agent  in  accord-
    17  ance  with  the provisions of this article. The secretary of state shall
    18  transmit such registration to the registrant and  file  a  copy  thereof
    19  with  the  department of state.   Such registration shall remain in full
    20  force and effect for a period of two years unless it is  surrendered  by
    21  the registrant or revoked or suspended as provided in this article.  The
    22  secretary of state shall approve or deny every application for registra-
    23  tion  within one hundred fifty days from the filing thereof. The depart-
    24  ment of state shall notify the applicant of a denial of registration and
    25  the reason for such denial.
    26    § 157-d. Registration. 1. Each registration issued  pursuant  to  this
    27  article shall state the address or addresses at which the business is to
    28  be  conducted,  state  fully  the name of the registrant, the expiration
    29  date of the registration and the unique registration number assigned  to
    30  the  registrant. A copy of such registration shall be prominently posted
    31  in each place of business of the registrant. Such registration shall not
    32  be transferable or assignable.  Every registration and  renewal  thereof
    33  shall expire one year after the date of its issuance.
    34    2.  In  the  event  that  there shall be any change to the information
    35  submitted by the registrant to the department of state,  the  registrant
    36  shall notify the secretary of state in writing within ten business days.
    37    3.  A registration granted under the provisions of this article may be
    38  renewed by the department of state  upon  application  therefor  by  the
    39  registrant,  in  such  form  as  the  department of state may prescribe,
    40  accompanied by the non-refundable renewal processing fee. No  registrant
    41  shall  carry  on  any business subject to this article during any period
    42  which may exist between the date of expiration of a registration and the
    43  renewal thereof.  Every application for the renewal  of  a  registration
    44  shall include the information, statement, certification and sworn affir-
    45  mation  required by section 3-503 of the general obligations law, unless
    46  waived by the department of state.
    47    4. The department of state shall post and make available to the public
    48  on its internet website a database searchable by each registered  travel
    49  agent:
    50    a. first or last name;
    51    b. registration number;
    52    c. name of business; or
    53    d. business location, including municipality, county or zip code.
    54    The  department of economic development shall include on its website a
    55  conspicuously placed link to the  department  of  state's  travel  agent
    56  registration database.
        S. 462--B                           3
     1    § 157-e. Grounds for denial, suspension or revocation of registration.
     2  1.  The  secretary  of state shall have the power to suspend or revoke a
     3  registration or, in lieu thereof, to impose a  fine  not  exceeding  one
     4  thousand  dollars  payable  to the department of state, or reprimand any
     5  registrant  or deny an application for a registration or renewal thereof
     6  upon proof:
     7    a. that the applicant or registrant has violated any of the provisions
     8  of this article or the rules and regulations promulgated pursuant there-
     9  to;
    10    b. that the applicant or registrant  has  knowingly  practiced  fraud,
    11  deceit or misrepresentation; or
    12    c. that  the  applicant  or  registrant  has knowingly made a material
    13  misstatement in the application for or renewal of his or  her  registra-
    14  tion.
    15    2. Every  registration issued pursuant to this article shall remain in
    16  full force and effect for a period of two years unless the  registration
    17  shall  have  been  surrendered, revoked or suspended.   The secretary of
    18  state shall have authority to reinstate a suspended registration  or  to
    19  issue  a  new registration to a registrant whose registration shall have
    20  been revoked if no fact  or  condition  then  exists  which  would  have
    21  warranted  the  secretary  of state in refusing originally to issue such
    22  registration under this article.
    23    3. Whenever the secretary of state shall revoke or suspend a registra-
    24  tion issued pursuant to  this  article,  he  or  she  shall  immediately
    25  execute  a  written  order  to that effect. The secretary of state shall
    26  file such order in the office of  the  department  of  state  and  shall
    27  forthwith  serve  a copy thereof upon the registrant. Any such order may
    28  be reviewed in the manner provided by article seventy-eight of the civil
    29  practice law and rules.  The use of any registration number of a  regis-
    30  tration  that  has  been  suspended or revoked shall be prohibited after
    31  such suspension or revocation.
    32    § 2. Section 159 of the general business law, as  amended  by  chapter
    33  754 of the laws of 1990, is amended to read as follows:
    34    §  159.  Violations  and penalties. 1. Except as otherwise provided by
    35  law, any [travel consultant who shall violate the terms of  section  one
    36  hundred fifty-eight] who knowingly violates the provisions of this arti-
    37  cle  shall be guilty of a misdemeanor, or may be subject to a civil fine
    38  imposed by the department of state in an amount not to exceed one  thou-
    39  sand dollars.
    40    2. [Except as otherwise provided by law, any travel promoter who shall
    41  knowingly violate the terms of section one hundred fifty-eight-a of this
    42  article shall be guilty of a misdemeanor.
    43    3.]  The  district  attorney  of any county may bring an action in the
    44  name of the people of the state to restrain or prevent any violation  of
    45  this article or any continuance of any such violation.
    46    [4.] 3. Enforcement; penalties. Whenever there shall be a violation of
    47  [section  one  hundred  fifty-seven-a,  one  hundred  fifty-eight or one
    48  hundred fifty-eight-a of] this article, an application may  be  made  by
    49  the  attorney general in the name of the people of the state of New York
    50  to a court or justice having jurisdiction by  a  special  proceeding  to
    51  issue  an  injunction, and upon notice to the defendant of not less than
    52  five days, to enjoin and restrain the continuance  of  such  violations;
    53  and  if it shall appear to the satisfaction of the court or justice that
    54  the defendant has, in fact, violated this article, an injunction may  be
    55  issued  by  such court or justice, enjoining and restraining any further
    56  violation, without requiring proof that any person has,  in  fact,  been
        S. 462--B                           4
     1  injured  or damaged thereby.  In any such proceeding, the court may make
     2  allowances to the attorney general  as  provided  in  paragraph  six  of
     3  subdivision (a) of section eighty-three hundred three of the civil prac-
     4  tice  law  and  rules, and direct restitution.  Whenever the court shall
     5  determine that a violation of this article has occurred, the  court  may
     6  impose  a  civil  penalty of not more than five hundred dollars for each
     7  violation. In connection with any such proposed application, the  attor-
     8  ney  general is authorized to take proof and make a determination of the
     9  relevant facts and to issue subpoenas in accordance with the civil prac-
    10  tice law and rules.
    11    4. Notwithstanding any other provision of law  to  the  contrary,  the
    12  department  of  state,  shall,  before  imposing  any  civil  penalty or
    13  suspending or revoking a license, notify the registrant in writing  that
    14  a  violation  of  this article has occurred, and shall afford the regis-
    15  trant an opportunity to be heard in person or by counsel at an  adminis-
    16  trative  hearing.  Such  notification  shall  be served personally or by
    17  certified mail to the registrant's last known address or in  any  manner
    18  authorized by the civil practice law and rules.
    19    5.  Administrative  hearings  held  pursuant  to this section shall be
    20  conducted by the office of administrative hearings of the department  of
    21  state  pursuant  to  part four hundred of title nineteen of the New York
    22  state codes, rules and regulations and subject  to  the  rules  provided
    23  therein.  Any  notice issued pursuant to this section shall be served at
    24  least ten days prior to the date set for the administrative hearing.
    25    § 3. Paragraphs (d) and (e) of subdivision 3 of  section  154  of  the
    26  economic development law, as added by section 1 of part DD of chapter 59
    27  of  the  laws  of  2006, are amended and a new paragraph (f) is added to
    28  read as follows:
    29    (d) all reports and data required to be  produced  and  maintained  by
    30  this section; [and]
    31    (e) any other data deemed appropriate[.]; and
    32    (f)  a  listing  of  all travel agents registered by the department of
    33  state pursuant to article ten-A of the general business law,  and  their
    34  corresponding registration numbers.
    35    §  4. This act shall take effect on the first of January next succeed-
    36  ing the date on which it shall have become a law; provided that,  effec-
    37  tive immediately, the department of state and the secretary of state are
    38  authorized  and  directed  to  complete any and all actions necessary to
    39  implement the provisions of article 10-A of the general business law, as
    40  amended by sections one and two of this act, on the  effective  date  of
    41  this act.