Bill Text: NY A10617 | 2019-2020 | General Assembly | Introduced
Bill Title: Establishes the failure to provide a full monetary refund for school-related educational trips, tours or excursions during a declared state of emergency as an illegal act; such act shall be a misdemeanor.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-06-10 - referred to consumer affairs and protection [A10617 Detail]
Download: New_York-2019-A10617-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 10617 IN ASSEMBLY June 10, 2020 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Cymbrowitz) -- read once and referred to the Committee on Consumer Affairs and Protection AN ACT to amend the general business law, in relation to establishing the failure to refund school-related educational trips, tours or excursions during a declared state of emergency as an illegal act The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The general business law is amended by adding a new section 2 158-b to read as follows: 3 § 158-b. Prohibited practices; state of disaster emergency. Notwith- 4 standing any provision of law, rule or regulation to the contrary, it 5 shall be illegal for any travel consultant, travel promoter, or other 6 entity acting on behalf of a consumer to provide travel services, to 7 fail to provide a full monetary refund, upon request, for a school-re- 8 lated educational trip, tour or excursion cancelled as a result of a 9 declared state of disaster emergency pursuant to article two-B of the 10 executive law. 11 § 2. Subdivision 4 of section 159 of the general business law, as 12 added by chapter 754 of the laws of 1990, is amended and a new subdivi- 13 sion 2-a is added to read as follows: 14 2-a. Except as otherwise provided by law, any travel consultant, trav- 15 el promoter, or other entity providing travel services who shall violate 16 section one hundred fifty-eight-b of this article shall be guilty of a 17 misdemeanor. 18 4. Enforcement; penalties. Whenever there shall be a violation of 19 section one hundred fifty-seven-a, one hundred fifty-eight [or], one 20 hundred fifty-eight-a or one hundred fifty-eight-b of this article, an 21 application may be made by the attorney general in the name of the 22 people of the state of New York to a court or justice having jurisdic- 23 tion by a special proceeding to issue an injunction, and upon notice to 24 the defendant of not less than five days, to enjoin and restrain the 25 continuance of such violations; and if it shall appear to the satisfac- 26 tion of the court or justice that the defendant has, in fact, violated EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD16539-02-0A. 10617 2 1 this article, an injunction may be issued by such court or justice, 2 enjoining and restraining any further violation, without requiring proof 3 that any person has, in fact, been injured or damaged thereby. In any 4 such proceeding, the court may make allowances to the attorney general 5 as provided in paragraph six of subdivision (a) of section eighty-three 6 hundred three of the civil practice law and rules, and direct restitu- 7 tion. Whenever the court shall determine that a violation of this arti- 8 cle has occurred, the court may impose a civil penalty of not more than 9 five hundred dollars for each violation; provided, however, a civil 10 penalty of not more than five thousand dollars may be imposed for a 11 violation of section one hundred fifty-eight-b of this article. In 12 connection with any such proposed application, the attorney general is 13 authorized to take proof and make a determination of the relevant facts 14 and to issue subpoenas in accordance with the civil practice law and 15 rules. 16 § 3. This act shall take effect immediately.
