S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  11336

                          I N  A S S E M B L Y

                              June 3, 2010
                               ___________

Introduced by COMMITTEE ON RULES -- (at request of M. of A. Jeffries) --
  read  once  and referred to the Committee on Economic Development, Job
  Creation, Commerce and Industry

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:

  Section  1. Article 10-A of the general business law is REPEALED and a
new article 10-A is added to read as follows:
                              ARTICLE 10-A
                              TRAVEL AGENTS
SECTION 155.   LEGISLATIVE INTENT.
        155-A. DEFINITIONS.
        156.   DOING BUSINESS WITHOUT REGISTRATION PROHIBITED.
        156-A. APPLICATION FOR REGISTRATION.
        156-B. CONDITIONS PRECEDENT TO REGISTRATION.
        156-C. REGISTRATION.
        156-D. GROUNDS FOR DENIAL, SUSPENSION OR REVOCATION OF REGISTRA-
                 TION.
        156-E. PREEMPTION.
        156-F. REGULATIONS.
        157.   TRAVEL AGREEMENTS.
        157-A. PROHIBITED PRACTICES BY TRAVEL CONSULTANTS.
        157-B. PROHIBITED PRACTICES BY TRAVEL PROMOTERS.
        158.   VIOLATIONS AND PENALTIES.
        159.   SEVERABILITY.
  S 155. LEGISLATIVE INTENT. IT IS HEREBY DETERMINED AND  DECLARED  THAT
THE  PROMOTION  OF  TRAVEL, EITHER INDIVIDUALLY OR AS A GROUP, IS NOW OF
SUCH VOLUME THAT IT IS IN THE PUBLIC  INTEREST  TO  SUBJECT  IT  TO  THE
REGISTRATION  BY  AND THE SUPERVISION OF THE DEPARTMENT OF THE STATE FOR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
A                                                          LBD17287-03-0
              

A. 11336                            2

THE PURPOSE OF SAFEGUARDING THE PUBLIC AGAINST FRAUD, FALSE ADVERTISING,
MISREPRESENTATION AND SIMILAR ABUSES.
  S 155-A. DEFINITIONS. AS USED IN THIS ARTICLE:
  1. "APPLICANT"  MEANS A TRAVEL AGENT WHO HAS FILED AN APPLICATION WITH
THE DEPARTMENT FOR A REGISTRATION.
  2. "DEPARTMENT" MEANS THE DEPARTMENT OF STATE.
  3. "DIVISION" MEANS THE DIVISION OF CRIMINAL JUSTICE SERVICES.
  4. "MERCHANT ACCOUNT NUMBER" MEANS AN IDENTIFYING NUMBER  GIVEN  BY  A
CREDIT  CARD  ISSUER  TO  A  MERCHANT  FOR  PURPOSES  OF IDENTIFYING THE
MERCHANT IN THE PROCESSING OF CREDIT CARD CHARGES AND PURCHASES.
  5. "PRINCIPAL OWNER" MEANS ANY PERSON CONTROLLING AN INTEREST  GREATER
THAN  TEN PERCENT IN A BUSINESS PROVIDING TRAVEL SERVICES, OR ANY PERSON
WITH A CONTROLLING INTEREST IN A COMPANY THAT HAS A CONTROLLING INTEREST
IN A BUSINESS PROVIDING TRAVEL SERVICES.
  6. "REGISTRANT" MEANS A TRAVEL AGENT THAT HAS BEEN ISSUED A  REGISTRA-
TION IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE.
  7. "SECRETARY" MEANS THE SECRETARY OF STATE.
  8. "TIME SHARE" MEANS AN INTEREST IN ANY ARRANGEMENT, PLAN, SCHEME, OR
SIMILAR  DEVICE,  WHETHER  BY  MEMBERSHIP, AGREEMENT, TENANCY IN COMMON,
SALE, LEASE, DEED, RENTAL AGREEMENT, LICENSE, OR RIGHT-TO-USE  AGREEMENT
OR BY ANY OTHER MEANS, WHEREBY THREE OR MORE PURCHASERS, IN EXCHANGE FOR
CONSIDERATION,  RECEIVE  OWNERSHIP  RIGHTS IN OR A RIGHT TO USE THE SAME
ACCOMMODATIONS OR FACILITIES IN REAL PROPERTY, OR  BOTH,  FOR  DIFFERENT
INTERVALS OF LESS THAN A FULL YEAR DURING ANY GIVEN YEAR, BUT NOT NECES-
SARILY FOR CONSECUTIVE YEARS, AND WHICH EXTEND FOR A PERIOD OF MORE THAN
THREE  YEARS  OR  WHICH,  FOR  NOMINAL  CONSIDERATION, MAY BE RENEWED TO
CONTINUE FOR A PERIOD OF MORE THAN THREE YEARS.
  9. "TRAVEL AGENT" MEANS  ANY  TRAVEL  PROMOTER  OR  TRAVEL  CONSULTANT
HAVING  A PLACE OF BUSINESS IN THIS STATE OR OFFERING TRAVEL SERVICES TO
ANY PERSON IN THIS STATE.
  10. "TRAVEL CONSULTANT" MEANS  ANY  PERSON,  FIRM,  LIMITED  LIABILITY
COMPANY,  CORPORATION,  PARTNERSHIP  OR ASSOCIATION, OTHER THAN A COMMON
CARRIER OR EMPLOYEE OF A COMMON CARRIER,  WHO  AS  PRINCIPAL  OR  AGENT,
SELLS  OR  OFFERS  FOR SALE ANY TRAVEL TICKETS OR ORDERS FOR TRANSPORTA-
TION, OR NEGOTIATES FOR OR HOLDS HIMSELF OR HERSELF OUT BY SOLICITATION,
ADVERTISEMENT  OR  OTHERWISE  AS  ONE  WHO  SELLS,  PROVIDES,  FURNISHES
CONTRACTS  OR ARRANGES FOR SUCH TRAVEL TICKETS OR ORDERS FOR TRANSPORTA-
TION.
  FOR THE PURPOSES OF THIS ARTICLE, "CARRIER" MEANS  ANY  PERSON,  FIRM,
LIMITED  LIABILITY  COMPANY,  CORPORATION,  PARTNERSHIP  OR  ASSOCIATION
ENGAGED IN THE BUSINESS OF TRANSPORTING PERSONS FOR HIRE.
  11. "TRAVEL PROMOTER" MEANS ANY  PERSON,  FIRM,  CORPORATION,  LIMITED
LIABILITY  COMPANY,  PARTNERSHIP  OR  ASSOCIATION,  OTHER  THAN A COMMON
CARRIER OR EMPLOYEE OF A COMMON CARRIER, WHO IS PRIMARILY ENGAGED IN THE
DIRECT SOLICITATION OF PERSONS, BY MAIL OR TELEPHONE, FOR  THE  SALE  OF
ANY TRAVEL OR VACATION INVESTMENTS, GOODS, PRODUCTS OR SERVICES, INCLUD-
ING,  BUT  NOT LIMITED TO TRAVEL OR TOUR BENEFITS, REAL PROPERTY, INTER-
ESTS IN REAL PROPERTY, TIME SHARES, LODGING, COMMODITIES OR  SECURITIES.
FOR PURPOSES OF THIS ARTICLE, A "TRAVEL PROMOTER" DOES NOT INCLUDE:
  A. A PERSON, FIRM, CORPORATION, LIMITED LIABILITY COMPANY, PARTNERSHIP
OR ASSOCIATION THAT IS AN OFFICIALLY APPOINTED AGENT OF A COMMON CARRIER
AND  MEETS STANDARDS NO LESS THAN THOSE REQUIRED ON JANUARY FIRST, NINE-
TEEN HUNDRED EIGHTY-NINE, FOR AUTHORIZED AGENTS OF THE AIRLINE REPORTING
CORPORATION;
  B. A PERSON, FIRM, CORPORATION, LIMITED LIABILITY COMPANY, PARTNERSHIP
OR ASSOCIATION THAT IS A REGISTERED  MEMBER  IN  GOOD  STANDING  OF  THE

A. 11336                            3

CRUISE  LINES  INTERNATIONAL  ASSOCIATION AND WHO SOLELY SOLICITS AND/OR
SELLS TRAVEL SERVICES AND PRODUCTS AS AN OFFICIALLY APPOINTED  AGENT  OF
ONE  OR  MORE  OCEAN  CARRIERS IN THE SALE OF THE OCEAN CARRIER'S TRAVEL
SERVICES PURSUANT TO THE AGENCY APPOINTMENT; OR
  C. A BROKER-DEALER REGISTERED WITH THE SECURITIES AND EXCHANGE COMMIS-
SION  OR  THE DEPARTMENT OF LAW WHO IS ENGAGED IN THE SALE OF SECURITIES
OR COMMODITIES OR SALE OR RENTAL OF REAL ESTATE PURSUANT TO  ITS  REGIS-
TRATION.
  12. "TRAVEL SERVICES" MEANS TRANSPORTATION, ACCOMMODATIONS IN LODGINGS
SUCH AS HOTELS, MOTELS OR MOTOR COURTS, RENTAL OF MOTOR VEHICLES, OR ANY
OTHER  SERVICE  RELATED TO TRAVEL. FOR PURPOSES OF THIS ARTICLE, "TRAVEL
SERVICES" SHALL INCLUDE INVESTMENTS IN TIME SHARES.
  S 156. DOING BUSINESS WITHOUT REGISTRATION PROHIBITED. NO TRAVEL AGENT
SHALL OPERATE OR DO BUSINESS IN THIS STATE EXCEPT AS AUTHORIZED BY  THIS
ARTICLE AND WITHOUT FIRST BEING REGISTERED BY THE DEPARTMENT.
  S  156-A. APPLICATION FOR REGISTRATION. 1. APPLICATION FOR A REGISTRA-
TION REQUIRED UNDER THIS ARTICLE SHALL BE IN WRITING, UNDER OATH, AND IN
THE FORM PRESCRIBED BY THE SECRETARY, AND SHALL CONTAIN THE FOLLOWING:
  A. THE EXACT NAME AND THE ADDRESS OF THE APPLICANT;
  B. THE NAME AND THE BUSINESS AND RESIDENTIAL ADDRESS OF EACH PRINCIPAL
AND OFFICER OF THE APPLICANT;
  C. THE COMPLETE ADDRESS WHERE THE BUSINESS OF THE APPLICANT IS  TO  BE
CONDUCTED, SHOWING THE STREET AND NUMBER, IF ANY, POST OFFICE AND BUILD-
ING  AND  ROOM  NUMBER,  IF ANY, THE OFFICE BUILDING AND ROOM NUMBER, IF
ANY, AND THE MUNICIPALITY AND COUNTY;
  D. IF THE APPLICANT HAS ONE OR MORE BRANCHES, SUBSIDIARIES  OR  AFFIL-
IATES OPERATING IN THE STATE, THE COMPLETE ADDRESS OF EACH SUCH PLACE OF
BUSINESS; AND
  E.  A  COMPLETE SET OF TWO FINGERPRINT CARDS ON A STANDARD FINGERPRINT
CARD APPROVED BY THE DIVISION AND A FEE PURSUANT TO SUBDIVISION  EIGHT-A
OF  SECTION  EIGHT HUNDRED THIRTY-SEVEN OF THE EXECUTIVE LAW, AND AMEND-
MENTS THERETO, FOR THE COST OF THE DIVISION'S  FULL  SEARCH  AND  RETAIN
PROCEDURES,  WHICH  FEE SHALL BE REMITTED BY THE DEPARTMENT TO THE DIVI-
SION FOR DEPOSIT BY  THE  COMPTROLLER  INTO  THE  GENERAL  FUND.  BEFORE
APPROVING  SUCH APPLICATION THE SECRETARY, OR HIS OR HER DESIGNEE, SHALL
FORWARD ONE COPY OF SUCH FINGERPRINT CARD AND THE PROCESSING FEE TO  THE
DIVISION  UPON  RECEIPT OF SUCH FINGERPRINTS. THE DIVISION SHALL FORWARD
TO THE SECRETARY A REPORT WITH RESPECT TO THE APPLICANT'S PREVIOUS CRIM-
INAL HISTORY, IF ANY, OR A STATEMENT THAT THE APPLICANT HAS NO  PREVIOUS
CRIMINAL HISTORY ACCORDING TO ITS FILES. IF ADDITIONAL COPIES OF FINGER-
PRINTS ARE REQUIRED THE APPLICANT SHALL FURNISH THEM UPON REQUEST.
  2. UPON ORIGINAL APPLICATION FOR A REGISTRATION TO OPERATE AS A TRAVEL
AGENT,  THE  APPLICANT  SHALL  PAY  AN  APPLICATION  FEE  OF ONE HUNDRED
DOLLARS.  UPON APPLICATION FOR AN ANNUAL RENEWAL, THE  REGISTRANT  SHALL
PAY A RENEWAL PROCESSING FEE OF ONE HUNDRED DOLLARS.
  S  156-B.  CONDITIONS  PRECEDENT  TO  REGISTRATION.  UPON FILING OF AN
APPLICATION FOR A REGISTRATION, IF THE SECRETARY SHALL BE  SATISFIED  OF
THE  GOOD  CHARACTER,  COMPETENCY AND INTEGRITY OF THE APPLICANT, AND OF
THE PRINCIPALS AND OFFICERS THEREOF ARE  SUCH  AS  TO  COMPLY  WITH  THE
PROVISIONS  OF THIS ARTICLE, HE OR SHE SHALL THEREUPON ISSUE A REGISTRA-
TION IN DUPLICATE TO OPERATE AS A TRAVEL AGENT IN  ACCORDANCE  WITH  THE
PROVISIONS  OF  THIS  ARTICLE.  THE SECRETARY SHALL TRANSMIT ONE COPY OF
SUCH REGISTRATION TO THE REGISTRANT AND FILE ANOTHER IN  THE  OFFICE  OF
THE  DEPARTMENT. SUCH REGISTRATION SHALL REMAIN IN FULL FORCE AND EFFECT
FOR A PERIOD OF ONE YEAR UNLESS IT IS SURRENDERED BY THE  REGISTRANT  OR
REVOKED OR SUSPENDED AS PROVIDED IN THIS ARTICLE; IF THE SECRETARY SHALL

A. 11336                            4

NOT  SO  FIND,  THE  SECRETARY SHALL NOT ISSUE SUCH REGISTRATION AND THE
SECRETARY SHALL NOTIFY THE APPLICANT  OF  THE  DENIAL  IN  WRITING.  THE
SECRETARY SHALL APPROVE OR DENY EVERY APPLICATION FOR REGISTRATION WITH-
IN NINETY DAYS FROM THE FILING THEREOF.
  S  156-C.  REGISTRATION.  1. EACH REGISTRATION ISSUED PURSUANT TO THIS
ARTICLE SHALL STATE THE ADDRESS OR ADDRESSES AT WHICH THE BUSINESS IS TO
BE CONDUCTED, STATE FULLY THE NAME OF  THE  REGISTRANT,  THE  EXPIRATION
DATE  OF THE REGISTRATION AND THE UNIQUE REGISTRATION NUMBER ASSIGNED TO
THE REGISTRANT. A COPY OF SUCH REGISTRATION SHALL BE PROMINENTLY  POSTED
IN EACH PLACE OF BUSINESS OF THE REGISTRANT. SUCH REGISTRATION SHALL NOT
BE TRANSFERABLE OR ASSIGNABLE.
  2.  EVERY  REGISTRANT SHALL INCLUDE IN EVERY COMMUNICATION, ADVERTISE-
MENT AND CONTRACT OFFERED OR PROVIDED IN  THE  COURSE  OF  PROVIDING  OR
OFFERING  TRAVEL  SERVICE,  A  NOTICE  THAT  HE, SHE OR IT IS REGISTERED
PURSUANT TO THIS ARTICLE AND THE NUMBER OF SUCH REGISTRATION. THE  FAIL-
URE  TO  COMPLY  WITH THE PROVISIONS OF THIS SUBDIVISION SHALL RESULT IN
MAKING THE PROVISIONS OF ANY CONTRACT AFFECTED THEREBY VOIDABLE, AT  THE
OPTION OF THE CONSUMER.
  3.  IN THE EVENT THE LOCATION AT WHICH THE BUSINESS IS TO BE CONDUCTED
SHALL BE CHANGED, THE REGISTRANT SHALL FORTHWITH NOTIFY THE SECRETARY IN
WRITING, WHO SHALL THEREUPON, WITHOUT CHARGE ATTACH TO THE  REGISTRATION
A RIDER SETTING FORTH SUCH CHANGED LOCATION.
  4.  IN  THE  EVENT  THAT THERE SHALL BE ANY CHANGE IN THE REGISTRANT'S
INFORMATION, THE REGISTRANT SHALL NOTIFY THE SECRETARY IN WRITING WITHIN
TEN BUSINESS DAYS IN ACCORDANCE WITH THE PROVISIONS OF  PARAGRAPH  E  OF
SUBDIVISION ONE OF SECTION ONE HUNDRED FIFTY-SIX-A OF THIS ARTICLE.
  5.  A REGISTRATION GRANTED UNDER THE PROVISIONS OF THIS ARTICLE MAY BE
REVIEWED BY THE DEPARTMENT UPON APPLICATION THEREFOR BY THE  REGISTRANT,
IN SUCH FORM AS THE DEPARTMENT MAY PRESCRIBE, ACCOMPANIED BY THE NON-RE-
FUNDABLE  RENEWAL  PROCESSING FEE PURSUANT TO SUBDIVISION TWO OF SECTION
ONE HUNDRED FIFTY-SIX-A OF THIS ARTICLE. IN NO  EVENT  WILL  RENEWAL  BE
GRANTED MORE THAN SIX MONTHS AFTER THE DATE OF EXPIRATION OF A REGISTRA-
TION.  NO REGISTRANT SHALL CARRY ON ANY BUSINESS SUBJECT TO THIS ARTICLE
DURING ANY PERIOD WHICH MAY EXIST BETWEEN THE DATE OF  EXPIRATION  OF  A
REGISTRATION AND THE RENEWAL THEREOF.
  6.  THE  DEPARTMENT SHALL POST AND MAKE AVAILABLE TO THE PUBLIC ON ITS
INTERNET WEBSITE A SEARCHABLE LISTING OF ALL  TRAVEL  AGENTS  REGISTERED
PURSUANT  TO  THIS ARTICLE AND THEIR CORRESPONDING REGISTRATION NUMBERS.
SUCH LISTING SHALL BE IN BOTH ALPHABETICAL ORDER AND  BY  COUNTY.    THE
PUBLIC  SHALL  BE  ABLE TO SEARCH THE LISTING BY REGISTRANT, COUNTY, ZIP
CODE OR TRAVEL AGENT REGISTRATION NUMBER.   ALSO, THE  DEPARTMENT  SHALL
PROVIDE  A  REAL  TIME  UPDATE  OF SUCH INFORMATION TO THE DEPARTMENT OF
ECONOMIC DEVELOPMENT FOR CONSPICUOUS INCLUSION ON  THE  STATE  MARKETING
INTERNET  WEBSITE  PURSUANT  TO  SECTION  ONE  HUNDRED FIFTY-FOUR OF THE
ECONOMIC DEVELOPMENT LAW AND FOR DISSEMINATION, UPON REQUEST,  AT  STATE
TOURISM FACILITIES OPERATED BY THE DEPARTMENT OF ECONOMIC DEVELOPMENT.
  S 156-D. GROUNDS FOR DENIAL, SUSPENSION OR REVOCATION OF REGISTRATION.
1.  THE  SECRETARY SHALL HAVE THE POWER TO SUSPEND OR REVOKE A REGISTRA-
TION OR, IN LIEU THEREOF, TO IMPOSE A FINE NOT  EXCEEDING  ONE  THOUSAND
DOLLARS  PAYABLE  TO THE DEPARTMENT, OR REPRIMAND ANY REGISTRANT OR DENY
AN APPLICATION FOR A REGISTRATION OR RENEWAL THEREOF UPON PROOF:
  A. THAT THE APPLICANT OR REGISTRANT HAS VIOLATED ANY OF THE PROVISIONS
OF THIS ARTICLE OR THE RULES AND REGULATIONS PROMULGATED PURSUANT THERE-
TO;
  B. THAT THE APPLICANT OR REGISTRANT HAS  PRACTICED  FRAUD,  DECEIT  OR
MISREPRESENTATION;

A. 11336                            5

  C. THAT  THE  APPLICANT  OR  REGISTRANT  HAS KNOWINGLY MADE A MATERIAL
MISSTATEMENT IN THE APPLICATION FOR OR RENEWAL OF HIS OR  HER  REGISTRA-
TION; OR
  D. THAT  THE  APPLICANT OR REGISTRANT HAS DEMONSTRATED INCOMPETENCE OR
UNTRUSTWORTHINESS IN HIS OR HER ACTIONS.
  2. NO REGISTRATION SHALL BE REVOKED OR SUSPENDED EXCEPT AFTER  WRITTEN
NOTICE AND A HEARING AS SET FORTH IN SUBDIVISIONS TWO, THREE, FOUR, FIVE
AND SIX OF SECTION SEVENTY-NINE OF THIS CHAPTER.
  3. EVERY  REGISTRATION ISSUED PURSUANT TO THIS ARTICLE SHALL REMAIN IN
FULL FORCE AND EFFECT FOR A PERIOD OF ONE YEAR  UNLESS  THE  SAME  SHALL
HAVE  BEEN  SURRENDERED,  REVOKED  OR  SUSPENDED  IN ACCORDANCE WITH THE
PROVISIONS OF THIS ARTICLE, BUT THE SECRETARY SHALL  HAVE  AUTHORITY  TO
REINSTATE  A  SUSPENDED REGISTRATION OR TO ISSUE A NEW REGISTRATION TO A
REGISTRANT WHOSE REGISTRATION SHALL HAVE BEEN  REVOKED  IF  NO  FACT  OR
CONDITION THEN EXISTS WHICH WOULD HAVE WARRANTED THE SECRETARY IN REFUS-
ING ORIGINALLY TO ISSUE SUCH REGISTRATION UNDER THIS ARTICLE.
  4. WHENEVER  THE  SECRETARY  SHALL  REVOKE  OR  SUSPEND A REGISTRATION
ISSUED PURSUANT TO THIS ARTICLE, THE SECRETARY SHALL  FORTHWITH  EXECUTE
IN  DUPLICATE  A  WRITTEN ORDER TO THAT EFFECT. THE SECRETARY SHALL FILE
ONE COPY OF SUCH ORDER IN THE OFFICE OF THE DEPARTMENT AND SHALL  FORTH-
WITH  SERVE  THE  OTHER  COPY UPON THE REGISTRANT. ANY SUCH ORDER MAY BE
REVIEWED IN THE MANNER PROVIDED BY ARTICLE SEVENTY-EIGHT  OF  THE  CIVIL
PRACTICE LAW AND RULES.
  S 156-E. PREEMPTION. THE PROVISIONS OF SECTIONS ONE HUNDRED FIFTY-SIX,
ONE   HUNDRED   FIFTY-SIX-A,   ONE   HUNDRED  FIFTY-SIX-B,  ONE  HUNDRED
FIFTY-SIX-C AND ONE HUNDRED FIFTY-SIX-D OF THIS ARTICLE SHALL EXCLUSIVE-
LY GOVERN ALL TRAVEL AGENTS NOTWITHSTANDING THE PROVISIONS OF ANY  OTHER
LAW  TO  THE  CONTRARY, AND FURTHERMORE, NO LOCAL LAW, CODE OR ORDINANCE
SHALL BE ENACTED WHICH SHALL REQUIRE ANY FEE,  LICENSE  OR  REGISTRATION
FOR THE LICENSURE OR REGISTRATION OF TRAVEL AGENTS.
  S 156-F. REGULATIONS. THE SECRETARY IS HEREBY AUTHORIZED AND EMPOWERED
TO  MAKE  SUCH RULES AND REGULATIONS NECESSARY FOR THE PROPER CONDUCT OF
THE BUSINESS AUTHORIZED UNDER THIS ARTICLE, AND  NOT  INCONSISTENT  WITH
THE PROVISIONS OF THIS ARTICLE.
  S  157.  TRAVEL  AGREEMENTS. 1. WHEN A PERSON AGREES, IN RESPONSE TO A
SOLICITATION BY A TRAVEL PROMOTER WHICH IS DIRECTED TO THE PERSON  INDI-
VIDUALLY,  TO  PURCHASE MEMBERSHIP IN A TRAVEL CLUB OR TO ENTER INTO ANY
TRAVEL SERVICES CONTRACT OR OTHER AGREEMENT  TO  ACCEPT  TRANSPORTATION,
LODGING,  AN INTEREST OR INVESTMENT IN A TIME SHARE PLAN, TRAVEL INVEST-
MENTS, OR OTHER TRAVEL SERVICES, THE TRAVEL PROMOTER MUST  PROVIDE  SUCH
PURCHASER  WITH  WRITTEN  DISCLOSURE  OF ALL LIMITATIONS ON AND TERMS OF
SUCH PURCHASE OR AGREEMENT WITHIN FIVE BUSINESS DAYS OF THE DATE OF  THE
AGREEMENT. SUCH DISCLOSURE SHALL CLEARLY AND CONSPICUOUSLY INCLUDE:
  A.  THE  NAME,  BUSINESS  ADDRESS  AND  TELEPHONE NUMBER OF THE TRAVEL
PROMOTER;
  B. THE AMOUNT DUE, THE DATE OF PAYMENT, THE PURPOSE OF THE PAYMENT AND
AN ITEMIZED STATEMENT OF THE BALANCE DUE, IF ANY;
  C. THE NAME  OF  THE  CARRIER  WITH  WHICH  THE  TRAVEL  PROMOTER  HAS
CONTRACTED  TO  PROVIDE THE TRANSPORTATION, THE TYPE AND SIZE OF CARRIER
TO BE USED, AND THE DATE, TIME AND PLACE OF EACH DEPARTURE;
  D. A DETAILED DESCRIPTION OF ANY OTHER SERVICES PROVIDED  IN  CONJUNC-
TION WITH THE TRANSPORTATION;
  E. CONDITIONS, IF ANY, UPON WHICH THE TRAVEL SERVICES CONTRACT BETWEEN
THE  TRAVEL  PROMOTER  AND THE TRAVELER MAY BE CANCELLED, AND THE RIGHTS
AND OBLIGATIONS OF ALL PARTIES IN THE EVENT OF SUCH CANCELLATION;

A. 11336                            6

  F. THE CONDITIONS, IF ANY, UPON WHICH  THE  TRAVEL  SERVICES  CONTRACT
BETWEEN  THE  TRAVEL  PROMOTER AND THE CARRIER OR OTHER SERVICE PROVIDER
MAY BE CANCELLED, AND THE RIGHTS AND OBLIGATIONS OF ALL PARTIES  IN  THE
EVENT OF SUCH CANCELLATION; AND
  G.  A  DESCRIPTION OF ALL CONTINGENCIES, LIMITATIONS AND/OR CONDITIONS
OF THE AGREEMENT.
  2. AFTER RECEIPT OF FULL WRITTEN DISCLOSURE, THE PURCHASER MAY  CANCEL
SUCH  AN  AGREEMENT  UNTIL  MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE
DISCLOSURE IS RECEIVED BY THE PURCHASER, BY USE OF THE  FORM  PRESCRIBED
IN  SUBDIVISION  THREE  OF THIS SECTION; HOWEVER, NOTICE OF CANCELLATION
NEED NOT TAKE THE FORM PRESCRIBED AND SHALL BE SUFFICIENT  IF  IT  INDI-
CATES  THE  INTENTION OF THE BUYER NOT TO BE BOUND.  NOTICE OF CANCELLA-
TION, IF GIVEN BY MAIL, SHALL BE DEEMED GIVEN WHEN DEPOSITED IN A  MAIL-
BOX, PROPERLY ADDRESSED AND POSTAGE PREPAID.
  3.  THE  WRITTEN DISCLOSURE SHALL INCLUDE, IN ADDITION TO THE REQUIRE-
MENTS OF SUBDIVISION TWO OF THIS SECTION, THE FOLLOWING STATEMENT PRINT-
ED IN CAPITAL AND LOWER CASE LETTERS OF NOT LESS  THAN  TEN  POINT  BOLD
FACED TYPE:

        YOU  MAY  CANCEL  THIS TRANSACTION, WITHOUT ANY PENALTY OR OBLI-
        GATION, WITHIN THREE BUSINESS DAYS  FROM  THE  RECEIPT  OF  THIS
        DISCLOSURE.

          TO CANCEL THIS TRANSACTION, MAIL OR DELIVER A SIGNED AND DATED
        COPY  OF THIS CANCELLATION NOTICE OR ANY OTHER WRITTEN NOTICE OR
        SEND A TELEGRAM TO

        (NAME OF SELLER),                 AT (ADDRESS OF SELLER)

        ______________________________   ___________________________
                                            NOT LATER THAN
                                            MIDNIGHT OF THE THIRD DAY
                                            AFTER RECEIPT OF THIS
        ___________________________         DISCLOSURE
        (PLACE OF BUSINESS)

        __________________________

        __________________________
                (DATE)

        I HEREBY CANCEL THIS TRANSACTION

        (DATE)
                                         ______________________________
                                             (PURCHASER'S SIGNATURE)

  4. UNTIL THE WRITTEN DISCLOSURE REQUIRED BY SUBDIVISION  ONE  OF  THIS
SECTION  HAS  BEEN  RECEIVED,  THE PURCHASER MAY CANCEL THE AGREEMENT BY
NOTIFYING THE TRAVEL PROMOTER IN ANY MANNER AND BY ANY MEANS OF  HIS  OR
HER INTENTION TO CANCEL.
  5.  WITHIN  TEN DAYS AFTER NOTICE OF CANCELLATION IS GIVEN, THE TRAVEL
PROMOTER SHALL REFUND TO THE PURCHASER CONCERNED ANY  PAYMENTS  MADE  BY
SUCH PURCHASER; SUCH REFUND MAY BE MADE BY REACCREDITING THE PURCHASER'S
ACCOUNT  IF  A  CREDIT CARD, DEBIT CARD OR ELECTRONIC FUNDS TRANSFER WAS

A. 11336                            7

USED TO MAKE A PAYMENT AND IF THE TRAVEL PROMOTER INFORMS THE  PURCHASER
IN WRITING THAT THE ACCOUNT HAS BEEN REACCREDITED.
  6. IF THE TRAVEL PROMOTER FAILS WITHIN THE PERIOD PRESCRIBED BY SUBDI-
VISION  FIVE OF THIS SECTION TO RETURN ALL PAYMENTS MADE BY A PURCHASER,
HE OR SHE SHALL BE LIABLE TO THE PURCHASER FOR SUCH PAYMENTS.
  7. IF THE  PURCHASER  IS  SUCCESSFUL  IN  AN  ACTION  TO  ENFORCE  ANY
PROVISION  OF  THIS SECTION OR SECTION ONE HUNDRED FIFTY-SEVEN-B OF THIS
ARTICLE OR APPEAL THEREON, THE  COURT  SHALL  AWARD  THE  PURCHASER  ONE
HUNDRED  DOLLARS  AND MAY AWARD REASONABLE ATTORNEY'S FEES AND COSTS, IN
ADDITION TO ANY OTHER REMEDY.
  8. THE OBLIGATIONS IMPOSED BY THIS SECTION SHALL BE IN ADDITION TO AND
NOT IN DEROGATION OF THE REQUIREMENTS OF ANY OTHER LAW.
  S 157-A. PROHIBITED PRACTICES BY TRAVEL CONSULTANTS. IT SHALL BE ILLE-
GAL FOR ANY TRAVEL CONSULTANT AND, IF SUCH TRAVEL CONSULTANT IS A CORPO-
RATION, ANY OFFICER OR DIRECTOR THEREOF, TO ENGAGE IN ANY OR ALL OF  THE
FOLLOWING ENUMERATED PRACTICES:
  1. KNOWINGLY MISREPRESENT THE QUALITY OR KIND OF SERVICE, TYPE OR SIZE
OF  AIRCRAFT,  VEHICLE,  SHIP  OR  TRAIN,  TIME OF DEPARTURE OR ARRIVAL,
POINTS SERVED, ROUTE  TO  BE  TRAVELED,  STOPS  TO  BE  MADE,  OR  TOTAL
TRIP-TIME  FROM  POINT  OF  DEPARTURE  TO  DESTINATION OR OTHER SERVICES
AVAILABLE, RESERVED OR CONTRACTED FOR IN CONNECTION  WITH  ANY  TRIP  OR
TOUR.
  2.  KNOWINGLY MISREPRESENT THE FARES AND CHARGES FOR TRANSPORTATION OR
SERVICES IN CONNECTION THEREWITH.
  3. KNOWINGLY ADVERTISE OR OTHERWISE OFFER FOR SALE OR SELL TRANSPORTA-
TION OR SERVICES IN CONNECTION THEREWITH AT LESS THAN THE  RATES,  FARES
AND CHARGES SPECIFIED IN THE CURRENTLY EFFECTIVE TARIFFS OF THE CARRIER,
WHO  IS ENGAGED TO PROVIDE SUCH TRANSPORTATION OR SERVICES, OR KNOWINGLY
OFFER OR GIVE REBATES OR OTHER CONCESSIONS THEREON, OR KNOWINGLY  ASSIST
OR  PERMIT A PERSON OR PERSONS TO OBTAIN SUCH TRANSPORTATION OR SERVICES
AT LESS THAN SUCH LAWFUL RATES, FARES AND CHARGES.
  4. KNOWINGLY MISREPRESENT THAT SPECIAL PRIORITIES FOR RESERVATIONS ARE
AVAILABLE WHEN SUCH SPECIAL CONSIDERATIONS ARE NOT IN  FACT  GRANTED  TO
MEMBERS OF THE PUBLIC GENERALLY.
  5.  KNOWINGLY SELL TRANSPORTATION TO A PERSON OR PERSONS ON A RESERVA-
TION OR CHARTER BASIS FOR SPECIFIED SPACE, FLIGHT OR TIME  OR  KNOWINGLY
REPRESENT THAT SUCH DEFINITE RESERVATION OR CHARTER IS OR WILL BE AVAIL-
ABLE  OR  HAS BEEN ARRANGED, WITHOUT A BINDING COMMITMENT WITH A CARRIER
FOR THE FURNISHING OF SUCH DEFINITE RESERVATION OR  CHARTER  AS  REPRES-
ENTED OR SOLD.
  6. KNOWINGLY SELL OR ISSUE TICKETS OR OTHER DOCUMENTS TO PASSENGERS TO
BE  EXCHANGED  OR USED FOR TRANSPORTATION IF SUCH TICKETS OR OTHER DOCU-
MENTS WILL NOT BE OR CANNOT BE LEGALLY HONORED BY CARRIERS FOR TRANSPOR-
TATION.
  7. KNOWINGLY MISREPRESENT THE REQUIREMENTS  THAT  MUST  BE  MET  BY  A
PERSON OR PERSONS IN ORDER TO QUALIFY FOR CHARTER OR GROUP FARE RATES.
  S 157-B. PROHIBITED PRACTICES BY TRAVEL PROMOTERS. IT SHALL BE ILLEGAL
FOR  ANY  TRAVEL PROMOTER AND, IF SUCH TRAVEL PROMOTER IS A CORPORATION,
ANY OFFICER OR DIRECTOR THEREOF, TO ENGAGE IN ANY OR ALL OF THE  FOLLOW-
ING ENUMERATED PRACTICES:
  1.  OFFER FREE ACCOMMODATIONS FOR MORE THAN ONE PERSON AND FREE TRAVEL
FOR ONE PERSON WHEN THE CHARGE FOR THE TRAVEL OF THE  ADDITIONAL  PERSON
OR  PERSONS  IS  EQUAL  TO  OR EXCEEDS WHAT WOULD HAVE BEEN PAID FOR THE
TOTAL NUMBER OF TRAVEL TICKETS WITHOUT  UTILIZING  THE  TRAVEL  SERVICES
OFFERED BY THE TRAVEL PROMOTER.

A. 11336                            8

  2. USE A MERCHANT ACCOUNT NUMBER ASSIGNED TO A MERCHANT OTHER THAN THE
TRAVEL  PROMOTER  PROVIDING  OR  OFFERING THE TRAVEL SERVICE IN ORDER TO
PROCESS CREDIT CARD CHARGES AND PURCHASES.
  3.  MISREPRESENT  THE  QUALITY  OR  KIND  OF  SERVICE, TYPE OR SIZE OF
AIRCRAFT, VEHICLE, SHIP OR TRAIN, TIME OF DEPARTURE OR  ARRIVAL,  POINTS
SERVED,  ROUTE  TO  BE  TRAVELED, STOPS TO BE MADE, TOTAL TRIP-TIME FROM
POINT OF DEPARTURE TO DESTINATION, TYPE OR SIZE OF LODGING,  TIME  SHARE
OR  OTHER  ACCOMMODATION,  AVAILABILITY  OF LODGING, TIME SHARE OR OTHER
ACCOMMODATION, OR OTHER SERVICES AVAILABLE, RESERVED OR  CONTRACTED  FOR
IN  CONNECTION WITH ANY TRIP, TOUR OR OTHER TRAVEL SERVICES, UNLESS SUCH
MISREPRESENTATION WAS BASED UPON A REASONABLE BELIEF AS TO THE  SERVICES
AVAILABLE BASED UPON REPRESENTATIONS MADE BY THE PERSON, COMPANY, CORPO-
RATION, COMMON CARRIER OR OTHER ENTITY OFFERING SUCH SERVICES.
  4.  MISREPRESENT  THE FARES AND CHARGES FOR TRANSPORTATION OR SERVICES
IN CONNECTION THEREWITH, UNLESS SUCH MISREPRESENTATION WAS BASED UPON  A
REASONABLE BELIEF AS TO THE FARES AND CHARGES APPLICABLE BASED UPON REP-
RESENTATIONS MADE BY THE PERSON, COMPANY, CORPORATION, COMMON CARRIER OR
OTHER ENTITY OFFERING SUCH SERVICES.
  5.  ADVERTISE  OR  OTHERWISE  OFFER FOR SALE OR SELL TRANSPORTATION OR
SERVICES IN CONNECTION THEREWITH AT  LESS  THAN  THE  RATES,  FARES  AND
CHARGES SPECIFIED IN THE CURRENTLY EFFECTIVE TARIFFS OF THE CARRIER THAT
IS  ENGAGED TO PROVIDE SUCH TRANSPORTATION OR SERVICES, OR OFFER OR GIVE
REBATES OR OTHER CONCESSIONS THEREON, OR ASSIST OR PERMIT  A  PERSON  OR
PERSONS  TO  OBTAIN  SUCH  TRANSPORTATION  OR SERVICES AT LESS THAN SUCH
LAWFUL RATES, FARES AND CHARGES.
  6. MISREPRESENT THAT SPECIAL PRIORITIES FOR RESERVATIONS ARE AVAILABLE
WHEN SUCH SPECIAL CONSIDERATIONS ARE NOT IN FACT GRANTED TO  MEMBERS  OF
THE PUBLIC GENERALLY.
  7.  SELL  TRANSPORTATION  TO  A  PERSON OR PERSONS ON A RESERVATION OR
CHARTER BASIS FOR SPECIFIED SPACE, FLIGHT OR TIME OR REPRESENT THAT SUCH
DEFINITE RESERVATION OR CHARTER IS OR WILL  BE  AVAILABLE  OR  HAS  BEEN
ARRANGED, WITHOUT A BINDING COMMITMENT WITH A CARRIER FOR THE FURNISHING
OF SUCH DEFINITE RESERVATION OR CHARTER AS REPRESENTED OR SOLD.
  8.  SELL  OR  ISSUE  TICKETS  OR  OTHER  DOCUMENTS TO PASSENGERS TO BE
EXCHANGED OR USED FOR TRANSPORTATION IF SUCH TICKETS OR OTHER  DOCUMENTS
WILL NOT BE OR CANNOT BE LEGALLY HONORED BY CARRIERS FOR TRANSPORTATION.
  9.  MISREPRESENT  THE  REQUIREMENTS  THAT  MUST  BE MET BY A PERSON OR
PERSONS IN ORDER TO QUALIFY FOR CHARTER OR GROUP FARE RATES, UNLESS SUCH
MISREPRESENTATION WAS BASED UPON A REASONABLE BELIEF AS TO THE  REQUIRE-
MENTS APPLICABLE BASED UPON REPRESENTATIONS MADE BY THE PERSON, COMPANY,
CORPORATION,  COMMON  CARRIER  OR  OTHER ENTITY OFFERING SUCH CHARTER OR
GROUP FARE.
  S 158. VIOLATIONS AND PENALTIES.  1. ANY PERSON, PARTNERSHIP,  ASSOCI-
ATION,  LIMITED  LIABILITY  COMPANY,  OR  CORPORATION  AND  THE  SEVERAL
MEMBERS, PRINCIPALS, OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES  THEREOF,
WHO KNOWINGLY AND WILLFULLY MAKES MATERIAL MISSTATEMENTS IN THE APPLICA-
TION  FOR A RENEWAL OF A REGISTRATION IN THIS ARTICLE SHALL BE GUILTY OF
A MISDEMEANOR, WHICH UPON THE FIRST CONVICTION THEREOF SHALL BE PUNISHA-
BLE BY IMPRISONMENT FOR NOT MORE THAN SIX MONTHS, OR BY A  FINE  OF  NOT
MORE  THAN  ONE THOUSAND DOLLARS, OR BY BOTH SUCH FINE AND IMPRISONMENT,
AND UPON A SECOND OR SUBSEQUENT CONVICTION THEREOF BY A TERM  OF  IMPRI-
SONMENT  NOT TO EXCEED ONE YEAR, OR BY A FINE OF NOT LESS THAN ONE THOU-
SAND DOLLARS AND NOT TO EXCEED TWO THOUSAND FIVE HUNDRED DOLLARS, OR  BY
BOTH SUCH FINE AND IMPRISONMENT.
  2.  ANY REGISTRANT WHO SHALL KNOWINGLY AND WILLFULLY FAIL TO SURRENDER
HIS OR HER REGISTRATION WITHIN FIVE DAYS OF RECEIPT OF NOTICE OF SUSPEN-

A. 11336                            9

SION, REVOCATION OR NON-RENEWAL THEREOF BY THE SECRETARY, OR THE OFFICER
DESIGNATED BY THE SECRETARY TO PRESIDE OVER THE HEARING, PURSUANT TO THE
PROVISIONS OF SECTION ONE HUNDRED FIFTY-SIX-D OF THIS ARTICLE, SHALL  BE
GUILTY  OF  A  VIOLATION, PUNISHABLE BY A FINE NOT TO EXCEED TWO HUNDRED
FIFTY DOLLARS, IN ADDITION TO ANY OTHER PENALTY PRESCRIBED BY LAW.
  3. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION TWO OF THIS  SECTION,
WHEN  IT  IS  DETERMINED AFTER A HEARING PURSUANT TO SECTION ONE HUNDRED
FIFTY-SIX-D OF THIS ARTICLE THAT THE REGISTRANT HAS VIOLATED ONE OR MORE
PROVISIONS OF THIS ARTICLE, THE SECRETARY MAY, IN LIEU OF REVOCATION  OR
SUSPENSION  OF  SUCH  LICENSE,  IMPOSE A FINE NOT TO EXCEED ONE THOUSAND
DOLLARS FOR EACH VIOLATION PAYABLE TO THE DEPARTMENT.
  4. EXCEPT AS OTHERWISE PROVIDED BY  LAW,  ANY  TRAVEL  CONSULTANT  WHO
SHALL  VIOLATE  THE  TERMS  OF SECTION ONE HUNDRED FIFTY-SEVEN-A OF THIS
ARTICLE SHALL BE GUILTY OF A MISDEMEANOR.
  5. EXCEPT AS OTHERWISE PROVIDED BY LAW, ANY TRAVEL PROMOTER WHO  SHALL
KNOWINGLY VIOLATE THE TERMS OF SECTION ONE HUNDRED FIFTY-SEVEN-B OF THIS
ARTICLE SHALL BE GUILTY OF A MISDEMEANOR.
  6. THE DISTRICT ATTORNEY OF ANY COUNTY MAY BRING AN ACTION IN THE NAME
OF  THE PEOPLE OF THE STATE TO RESTRAIN OR PREVENT ANY VIOLATION OF THIS
ARTICLE OR ANY CONTINUANCE OF ANY SUCH VIOLATION.
  7. WHENEVER  THERE  SHALL  BE  A  VIOLATION  OF  SECTION  ONE  HUNDRED
FIFTY-SEVEN,  ONE  HUNDRED FIFTY-SEVEN-A OR ONE HUNDRED FIFTY-SEVEN-B OF
THIS ARTICLE, AN APPLICATION MAY BE MADE BY THE ATTORNEY GENERAL IN  THE
NAME OF THE PEOPLE OF THE STATE OF NEW YORK TO A COURT OR JUSTICE HAVING
JURISDICTION  BY  A  SPECIAL PROCEEDING TO ISSUE AN INJUNCTION, AND UPON
NOTICE TO THE DEFENDANT OF NOT  LESS  THAN  FIVE  DAYS,  TO  ENJOIN  AND
RESTRAIN  THE  CONTINUANCE OF SUCH VIOLATIONS; AND IF IT SHALL APPEAR TO
THE SATISFACTION OF THE COURT OR JUSTICE  THAT  THE  DEFENDANT  HAS,  IN
FACT,  VIOLATED  THIS ARTICLE, AN INJUNCTION MAY BE ISSUED BY SUCH COURT
OR JUSTICE, ENJOINING AND RESTRAINING  ANY  FURTHER  VIOLATION,  WITHOUT
REQUIRING  PROOF  THAT  ANY PERSON HAS, IN FACT, BEEN INJURED OR DAMAGED
THEREBY.  IN ANY SUCH PROCEEDING, THE COURT MAY MAKE ALLOWANCES  TO  THE
ATTORNEY  GENERAL  AS  PROVIDED  IN  PARAGRAPH SIX OF SUBDIVISION (A) OF
SECTION EIGHTY-THREE HUNDRED THREE OF THE CIVIL PRACTICE LAW AND  RULES,
AND  DIRECT  RESTITUTION.    WHENEVER  THE  COURT SHALL DETERMINE THAT A
VIOLATION OF THIS ARTICLE HAS OCCURRED, THE COURT  MAY  IMPOSE  A  CIVIL
PENALTY  OF  NOT  MORE  THAN FIVE HUNDRED DOLLARS FOR EACH VIOLATION. IN
CONNECTION WITH ANY SUCH PROPOSED APPLICATION, THE ATTORNEY  GENERAL  IS
AUTHORIZED  TO TAKE PROOF AND MAKE A DETERMINATION OF THE RELEVANT FACTS
AND TO ISSUE SUBPOENAS IN ACCORDANCE WITH THE  CIVIL  PRACTICE  LAW  AND
RULES.
  S  159. SEVERABILITY. IF ANY PROVISION OF THIS ARTICLE OR THE APPLICA-
TION THEREOF TO ANY PERSON OR CIRCUMSTANCES IS HELD INVALID THE INVALID-
ITY THEREOF SHALL NOT AFFECT OTHER PROVISIONS  OR  APPLICATIONS  OF  THE
ARTICLE  WHICH  CAN  BE  GIVEN  EFFECT  WITHOUT THE INVALID PROVISION OR
APPLICATION, AND TO THIS END THE PROVISIONS OF THIS ARTICLE ARE  SEVERA-
BLE.
  S  2.  Paragraphs  (d)  and (e) of subdivision 3 of section 154 of the
economic development law, as added by section 1 of part DD of chapter 59
of the laws of 2006, are amended and a new paragraph  (f)  is  added  to
read as follows:
  (d)  all  reports  and  data required to be produced and maintained by
this section; [and]
  (e) any other data deemed appropriate[.]; AND

A. 11336                           10

  (F) A LISTING OF ALL TRAVEL AGENTS REGISTERED  BY  THE  DEPARTMENT  OF
STATE  PURSUANT  TO ARTICLE TEN-A OF THE GENERAL BUSINESS LAW, AND THEIR
CORRESPONDING REGISTRATION NUMBERS.
  S  3. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law; provided that,  effec-
tive immediately, the department of state and the secretary of state are
authorized  and  directed  to  complete any and all actions necessary to
implement the provisions of article 10-A of the general business law, as
added by section one of this act, on its effective date.