Bill Text: NY S08854 | 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) 2020-07-29 - REFERRED TO RULES [S08854 Detail]

Download: New_York-2019-S08854-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8854

                    IN SENATE

                                      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:

     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
    27  this article, an injunction may be issued  by  such  court  or  justice,

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16539-02-0
        S. 8854                             2

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