S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    462
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (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:
 
   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 Article 10-A of the general business law is REPEALED and a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
                         SELLERS OF 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.
   § 155. LEGISLATIVE INTENT. IT IS HEREBY DETERMINED AND  DECLARED  THAT
 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.
                                                            LBD00048-01-7

 S. 462                              2
 
 SUCH VOLUME THAT IT IS IN THE PUBLIC  INTEREST  TO  SUBJECT  IT  TO  THE
 REGISTRATION  BY  AND THE SUPERVISION OF THE DEPARTMENT OF STATE FOR THE
 PURPOSE OF SAFEGUARDING THE PUBLIC  AGAINST  FRAUD,  FALSE  ADVERTISING,
 MISREPRESENTATION AND SIMILAR ABUSES.
   § 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. "MERCHANT ACCOUNT NUMBER" MEANS AN IDENTIFYING NUMBER  GIVEN  BY  A
 FINANCIAL  INSTITUTION  TO  A  MERCHANT  FOR PURPOSES OF IDENTIFYING THE
 MERCHANT IN THE PROCESSING OF CREDIT CARDS AND/OR DEBIT CARDS.
   4. "REGISTRANT" MEANS A TRAVEL AGENT THAT HAS BEEN ISSUED A  REGISTRA-
 TION IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE.
   5. "SECRETARY" MEANS THE SECRETARY OF STATE.
   6. "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.
   7. "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.
   THE TERM "TRAVEL AGENT" SHALL NOT INCLUDE:
   A. ANY AGENT WHO IS PROVIDING SERVICES EXCLUSIVELY FOR  MEMBERS  IN  A
 MEMBERSHIP ORGANIZATION;
   B.  ANY  AGENT  WHO IS PROVIDING SERVICES EXCLUSIVELY FOR EMPLOYEES OR
 AGENTS OF A BUSINESS ENTITY REGISTERED WITH THE DEPARTMENT;
   C. AN EMPLOYEE, WHO IN CONNECTION  WITH  THE  BUSINESS  OF  BEING  THE
 DIRECT  SUPPLIER  OF  ACCOMMODATIONS,  ALSO  PROVIDES OTHER LOCAL TRAVEL
 SERVICES THAT ARE PURCHASED FROM ANOTHER PERSON OR BUSINESS;
   D. ANY PERSON ENGAGED SOLELY IN THE BUSINESS OF  RENTING  MOTOR  VEHI-
 CLES; OR
   E.  ANY PERSON, FIRM, CORPORATION, LIMITED LIABILITY COMPANY, PARTNER-
 SHIP OR ASSOCIATION, OR EMPLOYEE THEREOF, WHICH ONLY SELLS OR OFFERS FOR
 SALE TRAVEL SERVICES THAT ARE PROVIDED  BY  SUCH  PERSON,  FIRM,  CORPO-
 RATION,  LIMITED  LIABILITY  COMPANY, PARTNERSHIP OR ASSOCIATION, OR ANY
 AFFILIATE THEREOF.
   8. "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.
   9. "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

 S. 462                              3
 
 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 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
 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.
   10. "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.
   §  156.  DOING  BUSINESS WITHOUT REGISTRATION PROHIBITED. 1. 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.
   2. EVERY REGISTERED TRAVEL AGENT SHALL CONSPICUOUSLY PRINT UPON  EVERY
 DOCUMENT CREATED FOR SUCH AGENT, THE REGISTRATION NUMBER ASSIGNED TO THE
 TRAVEL  AGENT  BY  THE DEPARTMENT. FOR THE PURPOSES OF THIS SUBDIVISION,
 "DOCUMENT" SHALL INCLUDE BUSINESS  CARDS,  PERSONALIZED  STATIONERY  AND
 EVERY  OTHER  DOCUMENT  CREATED  BY THE TRAVEL AGENT SPECIFICALLY FOR AN
 INDIVIDUAL CLIENT OR CUSTOMER. FURTHERMORE,  EVERY  TRAVEL  AGENT  SHALL
 CONSPICUOUSLY POST HIS OR HER REGISTRATION NUMBER AT HIS OR HER PLACE OF
 BUSINESS  AT  A LOCATION REGULARLY OPEN TO THE PUBLIC.  ANY VIOLATION OF
 THIS SUBDIVISION SHALL GRANT ANY CUSTOMER OF THE TRAVEL AGENT THE OPTION
 TO VOID ANY CONTRACT WITH SUCH AGENT WITHOUT PENALTY OR LIABILITY.
   § 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  COMPLETE ADDRESS WHERE THE BUSINESS OF THE APPLICANT IS TO BE
 CONDUCTED;
   C. 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
   D.  THE  INFORMATION,  STATEMENT,  CERTIFICATION AND SWORN AFFIRMATION
 REQUIRED BY SECTION 3-503 OF THE GENERAL OBLIGATIONS LAW.
   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.
   § 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-

 S. 462                              4
 
 TION  TO  OPERATE AS A TRAVEL AGENT IN ACCORDANCE WITH THE PROVISIONS OF
 THIS ARTICLE. THE SECRETARY SHALL  TRANSMIT  SUCH  REGISTRATION  TO  THE
 REGISTRANT AND FILE A COPY THEREOF 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 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  WITHIN  ONE  HUNDRED
 FIFTY DAYS FROM THE FILING THEREOF.
   §  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.  EVERY REGISTRATION AND RENEWAL THEREOF
 SHALL EXPIRE ONE YEAR AFTER THE DATE OF ITS ISSUANCE.
   2. 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, UPON PAYMENT OF SUCH FEES AS SHALL BE ESTABLISHED BY
 THE  DEPARTMENT  THEREFOR,  ATTACH  TO  THE REGISTRATION A RIDER SETTING
 FORTH SUCH CHANGED LOCATION.
   3. 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.   EXCEPT FOR SUCH CHANGE MADE ON A RENEWAL APPLICA-
 TION, THE DEPARTMENT SHALL ESTABLISH AND IMPOSE A FEE FOR THE PROCESSING
 OF ANY SUCH CHANGE.
   4. A REGISTRATION GRANTED UNDER THE PROVISIONS OF THIS ARTICLE MAY  BE
 RENEWED  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 THIRTY DAYS AFTER THE DATE OF EXPIRATION OF  A  REGIS-
 TRATION;  PROVIDED,  HOWEVER, THAT ANY REGISTRANT WHO IS UNABLE TO RENEW
 HIS OR HER REGISTRATION BECAUSE OF ACTIVE  DUTY  SERVICE  IN  THE  ARMED
 FORCES  OF  THE UNITED STATES, SHALL BE AUTHORIZED TO SUBMIT AN APPLICA-
 TION FOR RENEWAL IF SUCH APPLICATION IS SUBMITTED WITHIN THIRTY DAYS  OF
 HIS  OR  HER  RELEASE FROM ACTIVE DUTY. 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 THERE-
 OF.  EVERY APPLICATION FOR THE RENEWAL OF A REGISTRATION  SHALL  INCLUDE
 THE INFORMATION, STATEMENT, CERTIFICATION AND SWORN AFFIRMATION REQUIRED
 BY SECTION 3-503 OF THE GENERAL OBLIGATIONS LAW; PROVIDED, HOWEVER, THAT
 THE  DEPARTMENT MAY WAIVE THE REQUIREMENT OF SUCH STATEMENT, REQUIRED BY
 SUCH SECTION, AS IT MAY DEEM TO BE UNNECESSARY, BUT UNDER  NO  CONDITION
 SHALL  THE  REQUIREMENTS OF SECTION 3-503 OF THE GENERAL OBLIGATIONS LAW
 BE WAIVED.
   5. THE DEPARTMENT SHALL POST AND MAKE AVAILABLE TO THE PUBLIC  ON  ITS
 INTERNET WEBSITE A DATABASE SEARCHABLE BY EACH REGISTERED TRAVEL AGENT:
   A. FIRST OR LAST NAME;
   B. REGISTRATION NUMBER;
   C. NAME OF BUSINESS; OR
   D. BUSINESS LOCATION, INCLUDING MUNICIPALITY, COUNTY OR ZIP CODE.
   THE  DEPARTMENT  OF  ECONOMIC  DEVELOPMENT  SHALL INCLUDE ON THE STATE
 MARKETING INTERNET WEBSITE PURSUANT TO SECTION ONE HUNDRED FIFTY-FOUR OF

 S. 462                              5
 
 THE ECONOMIC DEVELOPMENT LAW BY MEANS OF A CONSPICUOUSLY PLACED LINK  TO
 THE DEPARTMENT'S TRAVEL AGENT REGISTRATION DATABASE.
   § 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;
   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. 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.  THE SECRETARY SHALL HAVE AUTHORITY TO REIN-
 STATE  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.
   3. WHENEVER  THE  SECRETARY  SHALL  REVOKE  OR  SUSPEND A REGISTRATION
 ISSUED PURSUANT TO THIS ARTICLE, THE SECRETARY SHALL IMMEDIATELY EXECUTE
 A WRITTEN ORDER TO THAT EFFECT. THE SECRETARY SHALL FILE SUCH  ORDER  IN
 THE  OFFICE  OF  THE DEPARTMENT AND SHALL FORTHWITH SERVE A COPY THEREOF
 UPON THE REGISTRANT. ANY SUCH  ORDER  MAY  BE  REVIEWED  IN  THE  MANNER
 PROVIDED  BY  ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES.
 THE USE OF ANY REGISTRATION NUMBER  OF  A  REGISTRATION  THAT  HAS  BEEN
 SUSPENDED  OR REVOKED SHALL BE PROHIBITED AFTER SUCH SUSPENSION OR REVO-
 CATION.
   4. ANY PERSON WHO HAS HAD HIS OR HER  REGISTRATION  SUSPENDED  BY  THE
 DEPARTMENT  SHALL  BE  INELIGIBLE  TO APPLY FOR REGISTRATION PURSUANT TO
 THIS ARTICLE FOR A PERIOD OF ONE YEAR AFTER SUCH SUSPENSION.
   5. A. THE DEPARTMENT SHALL, BEFORE DENYING AN APPLICATION FOR A REGIS-
 TRATION OR BEFORE REVOKING OR SUSPENDING ANY REGISTRATION,  EXCEPTING  A
 TEMPORARY  SUSPENSION,  OR  IMPOSING ANY FINE OR REPRIMAND, AND AT LEAST
 FIFTEEN DAYS PRIOR TO THE DATE SET FOR THE HEARING, AND UPON DUE  NOTICE
 TO  THE  COMPLAINANT OR OBJECTOR, NOTIFY IN WRITING THE APPLICANT FOR OR
 THE HOLDER OF SUCH REGISTRATION OF ANY CHARGE MADE AND SHALL AFFORD SAID
 APPLICANT OR REGISTRANT AN OPPORTUNITY TO BE HEARD IN PERSON OR BY COUN-
 SEL IN REFERENCE THERETO. SUCH WRITTEN NOTICE MAY BE SERVED BY  DELIVERY
 OF SAME PERSONALLY TO THE APPLICANT OR REGISTRANT, OR BY MAILING SAME BY
 CERTIFIED  MAIL  TO THE LAST KNOWN BUSINESS ADDRESS OF SUCH APPLICANT OR
 REGISTRANT.
   B. THE HEARING ON SUCH CHARGES SHALL BE AT SUCH TIME AND PLACE AS  THE
 DEPARTMENT  SHALL  PRESCRIBE  AND  SHALL BE CONDUCTED BY SUCH OFFICER OR
 PERSON IN THE DEPARTMENT AS THE SECRETARY MAY DESIGNATE, WHO SHALL  HAVE
 THE  POWER  TO SUBPOENA AND BRING BEFORE THE OFFICER OR PERSON SO DESIG-
 NATED ANY PERSON IN THIS STATE, AND  ADMINISTER  AN  OATH  TO  AND  TAKE
 TESTIMONY  OF ANY PERSON OR CAUSE HIS DEPOSITION TO BE TAKEN. A SUBPOENA
 ISSUED UNDER THIS SUBDIVISION SHALL BE REGULATED BY THE  CIVIL  PRACTICE
 LAW  AND RULES. SUCH OFFICER OR PERSON IN THE DEPARTMENT OF STATE DESIG-

 S. 462                              6

 NATED TO TAKE SUCH TESTIMONY SHALL NOT BE BOUND BY COMMON LAW OR  STATU-
 TORY RULES OR EVIDENCE OR BY TECHNICAL OR FORMAL RULES OF PROCEDURE.
   C. IN THE EVENT THAT THE DEPARTMENT SHALL DENY THE APPLICATION FOR, OR
 REVOKE  OR  SUSPEND  ANY SUCH REGISTRATION, OR IMPOSE ANY FINE OR REPRI-
 MAND, ITS DETERMINATION SHALL BE IN WRITING AND OFFICIALLY SIGNED.   THE
 ORIGINAL  OF  SUCH  DETERMINATION, WHEN SO SIGNED, SHALL BE FILED IN THE
 OFFICE OF THE DEPARTMENT AND COPIES  THEREOF  SHALL  BE  MAILED  TO  THE
 APPLICANT OR REGISTRANT AND TO THE COMPLAINANT WITHIN TWO DAYS AFTER THE
 FILING THEREOF.
   D.  THE  DEPARTMENT,  ACTING  BY  THE  OFFICER OR PERSON DESIGNATED TO
 CONDUCT THE HEARING PURSUANT TO PARAGRAPH B OF THIS  SUBDIVISION  OR  BY
 SUCH  OTHER  OFFICER  OR  PERSON  IN THE DEPARTMENT AS THE SECRETARY MAY
 DESIGNATE, SHALL HAVE THE POWER  TO  SUSPEND  THE  REGISTRATION  OF  ANY
 REGISTRANT  WHO  HAS  BEEN CONVICTED IN THIS STATE OR ANY OTHER STATE OR
 TERRITORY OF A FELONY OR OF ANY MISDEMEANOR OR OFFENSE ENUMERATED  UNDER
 SUBDIVISION  TWO OF SECTION SEVENTY-FOUR OR UNDER SECTION EIGHTY-FOUR OF
 THIS CHAPTER FOR A PERIOD NOT EXCEEDING THIRTY DAYS  PENDING  A  HEARING
 AND  A DETERMINATION OF CHARGES MADE AGAINST HIM OR HER. IF SUCH HEARING
 IS ADJOURNED AT THE REQUEST OF THE REGISTRANT, OR BY REASON OF  ANY  ACT
 OR  OMISSION  BY HIM OR HER OR ON HIS OR HER BEHALF, SUCH SUSPENSION MAY
 BE CONTINUED FOR THE ADDITIONAL PERIOD OF SUCH ADJOURNMENT.
   E. THE ACTION OF THE DEPARTMENT IN GRANTING OR REFUSING TO GRANT OR TO
 RENEW A REGISTRATION UNDER THIS ARTICLE OR IN REVOKING OR SUSPENDING  OR
 REFUSING  TO  REVOKE OR SUSPEND SUCH A REGISTRATION OR IMPOSING ANY FINE
 OR REPRIMAND SHALL BE SUBJECT TO REVIEW BY A PROCEEDING INSTITUTED UNDER
 ARTICLE SEVENTY-EIGHT OF  THE  CIVIL  PRACTICE  LAW  AND  RULES  AT  THE
 INSTANCE  OF THE APPLICANT FOR SUCH REGISTRATION NUMBER, THE HOLDER OF A
 REGISTRATION NUMBER SO REVOKED, SUSPENDED, FINED OR REPRIMANDED  OR  THE
 PERSON AGGRIEVED.
   § 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.
   § 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.
   §  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;

 S. 462                              7
 
   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;
   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.

 S. 462                              8
 
   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
 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.
   § 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.
   § 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

 S. 462                              9
 
 TOTAL  NUMBER  OF  TRAVEL  TICKETS WITHOUT UTILIZING THE TRAVEL SERVICES
 OFFERED BY THE TRAVEL PROMOTER.
   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.
   §  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.

 S. 462                             10
 
   2. ANY REGISTRANT WHO SHALL KNOWINGLY AND WILLFULLY FAIL TO  SURRENDER
 HIS OR HER REGISTRATION WITHIN FIVE DAYS OF RECEIPT OF NOTICE OF SUSPEN-
 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.
   §  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.
   §  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

 S. 462                             11
 
   (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.
   §  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.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  462--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (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

 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:
 
   Section 1. The general business law is  amended  by  adding  four  new
 sections 157-b, 157-c, 157-d and 157-e to read as follows:
   § 157-B. DOING BUSINESS WITHOUT REGISTRATION PROHIBITED. 1.  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 OF
 STATE.
   2. EVERY REGISTERED TRAVEL AGENT SHALL CONSPICUOUSLY PRINT UPON  EVERY
 DOCUMENT CREATED FOR SUCH AGENT, THE REGISTRATION NUMBER ASSIGNED TO THE
 TRAVEL  AGENT  BY  THE  DEPARTMENT  OF STATE.   FOR THE PURPOSES OF THIS
 SUBDIVISION,  "DOCUMENT"  SHALL  INCLUDE  BUSINESS  CARDS,  PERSONALIZED
 STATIONERY  AND EVERY OTHER DOCUMENT CREATED BY THE TRAVEL AGENT SPECIF-
 ICALLY FOR AN INDIVIDUAL CLIENT OR CUSTOMER. FURTHERMORE,  EVERY  TRAVEL
 AGENT  SHALL CONSPICUOUSLY POST HIS OR HER REGISTRATION NUMBER AT HIS OR
 HER PLACE OF BUSINESS AT A LOCATION REGULARLY OPEN TO THE PUBLIC.
   § 157-C. 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 OF STATE, AND SHALL CONTAIN THE
 FOLLOWING:
   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.
              

                                                            LBD00048-02-7

 S. 462--A                           2
 
   B. THE COMPLETE ADDRESS WHERE THE BUSINESS OF THE APPLICANT IS  TO  BE
 CONDUCTED;
   C.  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
   D. THE INFORMATION, STATEMENT,  CERTIFICATION  AND  SWORN  AFFIRMATION
 REQUIRED BY SECTION 3-503 OF THE GENERAL OBLIGATIONS LAW.
   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 RENEWAL,  THE  REGISTRANT  SHALL  PAY  A
 RENEWAL PROCESSING FEE OF ONE HUNDRED DOLLARS.
   3.  UPON FILING OF AN APPLICATION FOR A REGISTRATION, IF THE SECRETARY
 OF STATE SHALL BE SATISFIED OF THE GOOD CHARACTER, COMPETENCY AND INTEG-
 RITY 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 REGISTRATION TO OPERATE AS A TRAVEL AGENT  IN  ACCORD-
 ANCE  WITH  THE PROVISIONS OF THIS ARTICLE. THE SECRETARY OF STATE SHALL
 TRANSMIT SUCH REGISTRATION TO THE REGISTRANT AND  FILE  A  COPY  THEREOF
 WITH  THE  DEPARTMENT OF STATE.   SUCH REGISTRATION SHALL REMAIN IN FULL
 FORCE AND EFFECT FOR A PERIOD OF TWO YEARS UNLESS IT IS  SURRENDERED  BY
 THE REGISTRANT OR REVOKED OR SUSPENDED AS PROVIDED IN THIS ARTICLE.  THE
 SECRETARY OF STATE SHALL APPROVE OR DENY EVERY APPLICATION FOR REGISTRA-
 TION  WITHIN ONE HUNDRED FIFTY DAYS FROM THE FILING THEREOF. THE DEPART-
 MENT OF STATE SHALL NOTIFY THE APPLICANT OF A DENIAL OF REGISTRATION AND
 THE REASON FOR SUCH DENIAL.
   § 157-D. 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.  EVERY REGISTRATION AND  RENEWAL  THEREOF
 SHALL EXPIRE ONE YEAR AFTER THE DATE OF ITS ISSUANCE.
   2.  IN  THE  EVENT  THAT  THERE SHALL BE ANY CHANGE TO THE INFORMATION
 SUBMITTED BY THE REGISTRANT TO THE DEPARTMENT OF STATE,  THE  REGISTRANT
 SHALL NOTIFY THE SECRETARY OF STATE IN WRITING WITHIN TEN BUSINESS DAYS.
   3.  A REGISTRATION GRANTED UNDER THE PROVISIONS OF THIS ARTICLE MAY BE
 RENEWED BY THE DEPARTMENT OF STATE  UPON  APPLICATION  THEREFOR  BY  THE
 REGISTRANT,  IN  SUCH  FORM  AS  THE  DEPARTMENT OF STATE MAY PRESCRIBE,
 ACCOMPANIED BY THE NON-REFUNDABLE RENEWAL PROCESSING FEE. 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.  EVERY APPLICATION FOR THE RENEWAL  OF  A  REGISTRATION
 SHALL INCLUDE THE INFORMATION, STATEMENT, CERTIFICATION AND SWORN AFFIR-
 MATION  REQUIRED BY SECTION 3-503 OF THE GENERAL OBLIGATIONS LAW, UNLESS
 WAIVED BY THE DEPARTMENT OF STATE.
   4. THE DEPARTMENT OF STATE SHALL POST AND MAKE AVAILABLE TO THE PUBLIC
 ON ITS INTERNET WEBSITE A DATABASE SEARCHABLE BY EACH REGISTERED  TRAVEL
 AGENT:
   A. FIRST OR LAST NAME;
   B. REGISTRATION NUMBER;
   C. NAME OF BUSINESS; OR
   D. BUSINESS LOCATION, INCLUDING MUNICIPALITY, COUNTY OR ZIP CODE.
   THE  DEPARTMENT OF ECONOMIC DEVELOPMENT SHALL INCLUDE ON ITS WEBSITE A
 CONSPICUOUSLY PLACED LINK TO THE  DEPARTMENT  OF  STATE'S  TRAVEL  AGENT
 REGISTRATION DATABASE.

 S. 462--A                           3
 
   § 157-E. GROUNDS FOR DENIAL, SUSPENSION OR REVOCATION OF REGISTRATION.
 1.  THE  SECRETARY  OF STATE SHALL HAVE THE POWER TO SUSPEND OR REVOKE A
 REGISTRATION OR, IN LIEU THEREOF, TO IMPOSE A  FINE  NOT  EXCEEDING  ONE
 THOUSAND  DOLLARS  PAYABLE  TO THE DEPARTMENT OF STATE, 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  KNOWINGLY  PRACTICED  FRAUD,
 DECEIT OR MISREPRESENTATION; OR
   C. THAT  THE  APPLICANT  OR  REGISTRANT  HAS KNOWINGLY MADE A MATERIAL
 MISSTATEMENT IN THE APPLICATION FOR OR RENEWAL OF HIS OR  HER  REGISTRA-
 TION.
   2. EVERY  REGISTRATION ISSUED PURSUANT TO THIS ARTICLE SHALL REMAIN IN
 FULL FORCE AND EFFECT FOR A PERIOD OF TWO YEARS UNLESS THE  REGISTRATION
 SHALL  HAVE  BEEN  SURRENDERED, REVOKED OR SUSPENDED.   THE SECRETARY OF
 STATE 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  OF STATE IN REFUSING ORIGINALLY TO ISSUE SUCH
 REGISTRATION UNDER THIS ARTICLE.
   3. WHENEVER THE SECRETARY OF STATE SHALL REVOKE OR SUSPEND A REGISTRA-
 TION ISSUED PURSUANT TO  THIS  ARTICLE,  HE  OR  SHE  SHALL  IMMEDIATELY
 EXECUTE  A  WRITTEN  ORDER  TO THAT EFFECT. THE SECRETARY OF STATE SHALL
 FILE SUCH ORDER IN THE OFFICE OF  THE  DEPARTMENT  OF  STATE  AND  SHALL
 FORTHWITH  SERVE  A COPY THEREOF UPON THE REGISTRANT. ANY SUCH ORDER MAY
 BE REVIEWED IN THE MANNER PROVIDED BY ARTICLE SEVENTY-EIGHT OF THE CIVIL
 PRACTICE LAW AND RULES.  THE USE OF ANY REGISTRATION NUMBER OF A  REGIS-
 TRATION  THAT  HAS  BEEN  SUSPENDED OR REVOKED SHALL BE PROHIBITED AFTER
 SUCH SUSPENSION OR REVOCATION.
   § 2. Section 159 of the general business law, as  amended  by  chapter
 754 of the laws of 1990, is amended to read as follows:
   §  159.  Violations  and penalties. 1. Except as otherwise provided by
 law, any [travel consultant who shall violate the terms of  section  one
 hundred fifty-eight] WHO KNOWINGLY VIOLATES THE PROVISIONS of this arti-
 cle  shall be guilty of a misdemeanor, OR MAY BE SUBJECT TO A CIVIL FINE
 IMPOSED BY THE DEPARTMENT OF STATE IN AN AMOUNT NOT TO EXCEED ONE  THOU-
 SAND DOLLARS.
   2. [Except as otherwise provided by law, any travel promoter who shall
 knowingly violate the terms of section one hundred fifty-eight-a of this
 article shall be guilty of a misdemeanor.
   3.]  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.
   [4.] 3. Enforcement; penalties. Whenever there shall be a violation of
 [section  one  hundred  fifty-seven-a,  one  hundred  fifty-eight or one
 hundred fifty-eight-a 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

 S. 462--A                           4
 
 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 prac-
 tice  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  attor-
 ney  general is authorized to take proof and make a determination of the
 relevant facts and to issue subpoenas in accordance with the civil prac-
 tice law and rules.
   4. NOTWITHSTANDING ANY OTHER PROVISION OF LAW  TO  THE  CONTRARY,  THE
 DEPARTMENT  OF  STATE,  SHALL,  BEFORE  IMPOSING  ANY  CIVIL  PENALTY OR
 SUSPENDING OR REVOKING A LICENSE, NOTIFY THE REGISTRANT IN WRITING  THAT
 A  VIOLATION  OF  THIS ARTICLE HAS OCCURRED, AND SHALL AFFORD THE REGIS-
 TRANT AN OPPORTUNITY TO BE HEARD IN PERSON OR BY COUNSEL AT AN  ADMINIS-
 TRATIVE  HEARING.  SUCH  NOTIFICATION  SHALL  BE SERVED PERSONALLY OR BY
 CERTIFIED MAIL TO THE REGISTRANT'S LAST KNOWN ADDRESS OR IN  ANY  MANNER
 AUTHORIZED BY THE CIVIL PRACTICE LAW AND RULES.
   5.  ADMINISTRATIVE  HEARINGS  HELD  PURSUANT  TO THIS SECTION SHALL BE
 CONDUCTED BY THE OFFICE OF ADMINISTRATIVE HEARINGS OF THE DEPARTMENT  OF
 STATE  PURSUANT  TO  PART FOUR HUNDRED OF TITLE NINETEEN OF THE NEW YORK
 STATE CODES, RULES AND REGULATIONS AND SUBJECT  TO  THE  RULES  PROVIDED
 THEREIN.  ANY  NOTICE ISSUED PURSUANT TO THIS SECTION SHALL BE SERVED AT
 LEAST TEN DAYS PRIOR TO THE DATE SET FOR THE ADMINISTRATIVE HEARING.
   § 3. 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
   (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.
   §  4. 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
 amended by sections one and two of this act, on the  effective  date  of
 this act.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  462--B
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (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:
 
   Section  1.  The  general  business  law is amended by adding four new
 sections 157-b, 157-c, 157-d and 157-e to read as follows:
   § 157-B. DOING BUSINESS WITHOUT REGISTRATION PROHIBITED. 1.  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  OF
 STATE.
   2.  THE DEPARTMENT OF STATE SHALL PROVIDE EACH REGISTERED TRAVEL AGENT
 WITH  A  UNIQUE REGISTRATION NUMBER. EVERY REGISTERED TRAVEL AGENT SHALL
 PRINT HIS OR HER REGISTRATION NUMBER ON ALL BUSINESS  CARDS,  AND  SHALL
 PROVIDE  EACH  CUSTOMER  WITH  A COPY OF HIS OR HER REGISTRATION NUMBER.
 EVERY TRAVEL AGENT SHALL CONSPICUOUSLY  POST  HIS  OR  HER  REGISTRATION
 NUMBER  AT  HIS OR HER PLACE OF BUSINESS AT A LOCATION REGULARLY OPEN TO
 THE PUBLIC.
   § 157-C. 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 OF STATE, AND SHALL CONTAIN THE
 FOLLOWING:
   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
 
   B. THE COMPLETE ADDRESS WHERE THE BUSINESS OF THE APPLICANT IS  TO  BE
 CONDUCTED;
   C.  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
   D. THE INFORMATION, STATEMENT,  CERTIFICATION  AND  SWORN  AFFIRMATION
 REQUIRED BY SECTION 3-503 OF THE GENERAL OBLIGATIONS LAW.
   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 RENEWAL,  THE  REGISTRANT  SHALL  PAY  A
 RENEWAL PROCESSING FEE OF ONE HUNDRED DOLLARS.
   3.  UPON FILING OF AN APPLICATION FOR A REGISTRATION, IF THE SECRETARY
 OF STATE SHALL BE SATISFIED OF THE GOOD CHARACTER, COMPETENCY AND INTEG-
 RITY 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 REGISTRATION TO OPERATE AS A TRAVEL AGENT  IN  ACCORD-
 ANCE  WITH  THE PROVISIONS OF THIS ARTICLE. THE SECRETARY OF STATE SHALL
 TRANSMIT SUCH REGISTRATION TO THE REGISTRANT AND  FILE  A  COPY  THEREOF
 WITH  THE  DEPARTMENT OF STATE.   SUCH REGISTRATION SHALL REMAIN IN FULL
 FORCE AND EFFECT FOR A PERIOD OF TWO YEARS UNLESS IT IS  SURRENDERED  BY
 THE REGISTRANT OR REVOKED OR SUSPENDED AS PROVIDED IN THIS ARTICLE.  THE
 SECRETARY OF STATE SHALL APPROVE OR DENY EVERY APPLICATION FOR REGISTRA-
 TION  WITHIN ONE HUNDRED FIFTY DAYS FROM THE FILING THEREOF. THE DEPART-
 MENT OF STATE SHALL NOTIFY THE APPLICANT OF A DENIAL OF REGISTRATION AND
 THE REASON FOR SUCH DENIAL.
   § 157-D. 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.  EVERY REGISTRATION AND  RENEWAL  THEREOF
 SHALL EXPIRE ONE YEAR AFTER THE DATE OF ITS ISSUANCE.
   2.  IN  THE  EVENT  THAT  THERE SHALL BE ANY CHANGE TO THE INFORMATION
 SUBMITTED BY THE REGISTRANT TO THE DEPARTMENT OF STATE,  THE  REGISTRANT
 SHALL NOTIFY THE SECRETARY OF STATE IN WRITING WITHIN TEN BUSINESS DAYS.
   3.  A REGISTRATION GRANTED UNDER THE PROVISIONS OF THIS ARTICLE MAY BE
 RENEWED BY THE DEPARTMENT OF STATE  UPON  APPLICATION  THEREFOR  BY  THE
 REGISTRANT,  IN  SUCH  FORM  AS  THE  DEPARTMENT OF STATE MAY PRESCRIBE,
 ACCOMPANIED BY THE NON-REFUNDABLE RENEWAL PROCESSING FEE. 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.  EVERY APPLICATION FOR THE RENEWAL  OF  A  REGISTRATION
 SHALL INCLUDE THE INFORMATION, STATEMENT, CERTIFICATION AND SWORN AFFIR-
 MATION  REQUIRED BY SECTION 3-503 OF THE GENERAL OBLIGATIONS LAW, UNLESS
 WAIVED BY THE DEPARTMENT OF STATE.
   4. THE DEPARTMENT OF STATE SHALL POST AND MAKE AVAILABLE TO THE PUBLIC
 ON ITS INTERNET WEBSITE A DATABASE SEARCHABLE BY EACH REGISTERED  TRAVEL
 AGENT:
   A. FIRST OR LAST NAME;
   B. REGISTRATION NUMBER;
   C. NAME OF BUSINESS; OR
   D. BUSINESS LOCATION, INCLUDING MUNICIPALITY, COUNTY OR ZIP CODE.
   THE  DEPARTMENT OF ECONOMIC DEVELOPMENT SHALL INCLUDE ON ITS WEBSITE A
 CONSPICUOUSLY PLACED LINK TO THE  DEPARTMENT  OF  STATE'S  TRAVEL  AGENT
 REGISTRATION DATABASE.

 S. 462--B                           3
 
   § 157-E. GROUNDS FOR DENIAL, SUSPENSION OR REVOCATION OF REGISTRATION.
 1.  THE  SECRETARY  OF STATE SHALL HAVE THE POWER TO SUSPEND OR REVOKE A
 REGISTRATION OR, IN LIEU THEREOF, TO IMPOSE A  FINE  NOT  EXCEEDING  ONE
 THOUSAND  DOLLARS  PAYABLE  TO THE DEPARTMENT OF STATE, 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  KNOWINGLY  PRACTICED  FRAUD,
 DECEIT OR MISREPRESENTATION; OR
   C. THAT  THE  APPLICANT  OR  REGISTRANT  HAS KNOWINGLY MADE A MATERIAL
 MISSTATEMENT IN THE APPLICATION FOR OR RENEWAL OF HIS OR  HER  REGISTRA-
 TION.
   2. EVERY  REGISTRATION ISSUED PURSUANT TO THIS ARTICLE SHALL REMAIN IN
 FULL FORCE AND EFFECT FOR A PERIOD OF TWO YEARS UNLESS THE  REGISTRATION
 SHALL  HAVE  BEEN  SURRENDERED, REVOKED OR SUSPENDED.   THE SECRETARY OF
 STATE 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  OF STATE IN REFUSING ORIGINALLY TO ISSUE SUCH
 REGISTRATION UNDER THIS ARTICLE.
   3. WHENEVER THE SECRETARY OF STATE SHALL REVOKE OR SUSPEND A REGISTRA-
 TION ISSUED PURSUANT TO  THIS  ARTICLE,  HE  OR  SHE  SHALL  IMMEDIATELY
 EXECUTE  A  WRITTEN  ORDER  TO THAT EFFECT. THE SECRETARY OF STATE SHALL
 FILE SUCH ORDER IN THE OFFICE OF  THE  DEPARTMENT  OF  STATE  AND  SHALL
 FORTHWITH  SERVE  A COPY THEREOF UPON THE REGISTRANT. ANY SUCH ORDER MAY
 BE REVIEWED IN THE MANNER PROVIDED BY ARTICLE SEVENTY-EIGHT OF THE CIVIL
 PRACTICE LAW AND RULES.  THE USE OF ANY REGISTRATION NUMBER OF A  REGIS-
 TRATION  THAT  HAS  BEEN  SUSPENDED OR REVOKED SHALL BE PROHIBITED AFTER
 SUCH SUSPENSION OR REVOCATION.
   § 2. Section 159 of the general business law, as  amended  by  chapter
 754 of the laws of 1990, is amended to read as follows:
   §  159.  Violations  and penalties. 1. Except as otherwise provided by
 law, any [travel consultant who shall violate the terms of  section  one
 hundred fifty-eight] WHO KNOWINGLY VIOLATES THE PROVISIONS of this arti-
 cle  shall be guilty of a misdemeanor, OR MAY BE SUBJECT TO A CIVIL FINE
 IMPOSED BY THE DEPARTMENT OF STATE IN AN AMOUNT NOT TO EXCEED ONE  THOU-
 SAND DOLLARS.
   2. [Except as otherwise provided by law, any travel promoter who shall
 knowingly violate the terms of section one hundred fifty-eight-a of this
 article shall be guilty of a misdemeanor.
   3.]  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.
   [4.] 3. Enforcement; penalties. Whenever there shall be a violation of
 [section  one  hundred  fifty-seven-a,  one  hundred  fifty-eight or one
 hundred fifty-eight-a 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

 S. 462--B                           4
 
 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 prac-
 tice  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  attor-
 ney  general is authorized to take proof and make a determination of the
 relevant facts and to issue subpoenas in accordance with the civil prac-
 tice law and rules.
   4. NOTWITHSTANDING ANY OTHER PROVISION OF LAW  TO  THE  CONTRARY,  THE
 DEPARTMENT  OF  STATE,  SHALL,  BEFORE  IMPOSING  ANY  CIVIL  PENALTY OR
 SUSPENDING OR REVOKING A LICENSE, NOTIFY THE REGISTRANT IN WRITING  THAT
 A  VIOLATION  OF  THIS ARTICLE HAS OCCURRED, AND SHALL AFFORD THE REGIS-
 TRANT AN OPPORTUNITY TO BE HEARD IN PERSON OR BY COUNSEL AT AN  ADMINIS-
 TRATIVE  HEARING.  SUCH  NOTIFICATION  SHALL  BE SERVED PERSONALLY OR BY
 CERTIFIED MAIL TO THE REGISTRANT'S LAST KNOWN ADDRESS OR IN  ANY  MANNER
 AUTHORIZED BY THE CIVIL PRACTICE LAW AND RULES.
   5.  ADMINISTRATIVE  HEARINGS  HELD  PURSUANT  TO THIS SECTION SHALL BE
 CONDUCTED BY THE OFFICE OF ADMINISTRATIVE HEARINGS OF THE DEPARTMENT  OF
 STATE  PURSUANT  TO  PART FOUR HUNDRED OF TITLE NINETEEN OF THE NEW YORK
 STATE CODES, RULES AND REGULATIONS AND SUBJECT  TO  THE  RULES  PROVIDED
 THEREIN.  ANY  NOTICE ISSUED PURSUANT TO THIS SECTION SHALL BE SERVED AT
 LEAST TEN DAYS PRIOR TO THE DATE SET FOR THE ADMINISTRATIVE HEARING.
   § 3. 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
   (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.
   §  4. 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
 amended by sections one and two of this act, on the  effective  date  of
 this act.