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                                                       PRINTER'S NO. 158

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 158 Session of 2005


        INTRODUCED BY GODSHALL, BAKER, BENNINGHOFF, BUNT, CAPPELLI,
           CRAHALLA, CURRY, FRANKEL, GEIST, GERGELY, GOODMAN, HARPER,
           HERMAN, HESS, JAMES, KILLION, KOTIK, LEDERER, MUNDY, NAILOR,
           READSHAW, SANTONI, SATHER, STABACK, SURRA, TANGRETTI, THOMAS,
           WALKO, WANSACZ, WASHINGTON, WHEATLEY AND WILT,
           JANUARY 31, 2005

        REFERRED TO COMMITTEE ON TOURISM AND RECREATIONAL DEVELOPMENT,
           JANUARY 31, 2005

                                     AN ACT

     1  Providing for the regulation of sellers of travel; requiring
     2     that certain bonds be secured for the benefit of customers;
     3     requiring bank deposits; and imposing penalties.

     4                         TABLE OF CONTENTS
     5  Section 1.  Short title.
     6  Section 2.  Definitions.
     7  Section 3.  Legislative findings.
     8  Section 4.  Construction and nonapplicability.
     9  Section 5.  Advertisements.
    10  Section 6.  Information required.
    11  Section 7.  Cancellation and refunds.
    12  Section 8.  Evidence of financial security.
    13  Section 9.  Educational institution purchases of travel
    14                 or tour services.
    15  Section 10.  Registration.
    16  Section 11.  Prohibited practices by sellers of travel.

     1  Section 12.  Offenses.
     2  Section 13.  Burden of proof.
     3  Section 14.  Investigation.
     4  Section 15.  Authority.
     5  Section 16.  Venue.
     6  Section 17.  Regulations.
     7  Section 18.  Effective date.
     8     The General Assembly of the Commonwealth of Pennsylvania
     9  hereby enacts as follows:
    10  Section 1.  Short title.
    11     This act shall be known and may be cited as the Sellers of
    12  Travel Act.
    13  Section 2.  Definitions.
    14     The following words and phrases when used in this act shall
    15  have the meanings given to them in this section unless the
    16  context clearly indicates otherwise:
    17     "Accommodations."  Any hotel or motel room, bed and
    18  breakfast, homestead or inn, condominium or cooperative unit,
    19  cabin, lodge or apartment; any other commercial structure
    20  designed for occupancy by one or more individuals; or any
    21  lodging establishment as provided by law.
    22     "Adequate bond."  A corporate bond of an amount at least
    23  equal to the amount required under the contract between the
    24  seller of travel and the travel or tour services carrier or
    25  company or person providing other services in conjunction with
    26  travel or tour services.
    27     "Advertise."  To make a representation in the solicitation of
    28  travel or tour services. The term includes communication with
    29  other members of the same partnership, corporation, joint
    30  venture, association, organization, group or other entity.
    20050H0158B0158                  - 2 -     

     1     "Air carrier."  A transporter of persons by air which is
     2  subject to regulation as such by a governmental agency.
     3     "Bed and breakfast, homestead or inn."  A public
     4  accommodation consisting of a private residence which contains
     5  ten or fewer bedrooms used for providing overnight accommodation
     6  to the public and in which breakfast is the only meal served and
     7  is included in the charge for the room.
     8     "Broker."  Any person or corporation not included in the term
     9  "motor carrier" and not a bona fide employee or agent of any
    10  such carrier, or group of such carriers, who or which, as
    11  principal or agent, sells or offers for sale any transportation
    12  by a motor carrier, or the furnishing, providing, or procuring
    13  of facilities therefor, or negotiates for, or holds out by
    14  solicitation, advertisement, or otherwise, as one who sells,
    15  provides, furnishes, contracts, or arranges for such
    16  transportation, or the furnishing, providing, or procuring of
    17  facilities therefor, other than as a motor carrier directly or
    18  jointly, or by arrangement with another motor carrier, and who
    19  does not assume custody as a carrier.
    20     "Bureau."  The Bureau of Consumer Protection.
    21     "Charitable organization."  Any nonprofit organization.
    22     "Commission."  The Pennsylvania Public Utility Commission.
    23     "Contract."  Any agreement, certificate, reservation request
    24  or confirmation form, membership application or use agreement,
    25  license or reservation confirmation whereby the purchaser
    26  obtains the right to benefits and privileges of the prearranged
    27  travel or tourist service, or to a vacation form committing the
    28  seller of travel to provide transportation pertaining to
    29  reservations, tour or travel arrangements and accommodations.
    30     "Land carrier."  A transporter of persons by land which is
    20050H0158B0158                  - 3 -     

     1  subject to regulation as such by a governmental agency.
     2     "Motor carrier."  A common carrier by motor vehicle, and a
     3  contract carrier by motor vehicle.
     4     "Offer for sale."  Any direct or indirect representation,
     5  claim or statement or undertaking by any means or method to
     6  arrange for, provide or acquire travel reservations or
     7  accommodations, tickets for domestic or foreign travel by air,
     8  rail, ship or any other medium of transportation or hotel and
     9  motel accommodations or sightseeing tours.
    10     "Place of public accommodation."  Any accommodation that is
    11  open to the general public, in contrast to being owner occupied.
    12     "Seller of travel."  Any resident or nonresident person,
    13  firm, corporation, business entity or charitable organization
    14  who offers for sale, directly or indirectly, at wholesale or
    15  retail travel or tour services in exchange for a fee, commission
    16  or other consideration.
    17     "Subrogation."  The substitution of one person in the place
    18  of another with reference to a lawful claim, demand or right, so
    19  that he who is substituted succeeds to the rights of the other
    20  in relation to the debt or claim.
    21     "Travel or tour services."  Any arrangement for individuals
    22  or groups, including:
    23         (1)  vacation or travel packages, sightseeing tours,
    24     prearranged travel services, travel reservations or
    25     accommodations, tickets for domestic or foreign travel by
    26     air, rail, ship, bus or other medium of transportation or
    27     hotel or other accommodations;
    28         (2)  travel-related prizes or awards for which the
    29     traveler must pay a fee or, in connection with the prize or
    30     award, expend moneys for the direct or indirect monetary
    20050H0158B0158                  - 4 -     

     1     benefits of the person or business entity making the award in
     2     order for the traveler to collect or enjoy the benefits of
     3     the prize or award;
     4         (3)  travel-related services provided in conjunction with
     5     solicitations for the sale of any investments, goods,
     6     products or services or in conjunction with promotional
     7     opportunities, including, but not limited to, land and
     8     interest in land, time-share plans, housing, commodities or
     9     securities; and
    10         (4)  vacation packages and travel clubs.
    11     "Traveler."  The purchaser of travel or tour services, person
    12  otherwise entitled to receive travel or tour services for a fee
    13  or commission, person who has received a travel-related prize or
    14  award or person who has been provided travel-related services in
    15  conjunction with solicitations of the sale of any investments,
    16  goods, products or services, or in conjunction with promotional
    17  opportunities, including, but not limited to, land and interest
    18  in land, time-share plans, housing commodities or securities.
    19     "Vacation package."  Any arrangement, plan, program or
    20  package that promotes, discusses or discloses a destination or
    21  itinerary or type of travel whereby a purchaser for
    22  consideration paid in advance is entitled to the use of travel,
    23  accommodations or facilities for any number of days, whether
    24  certain or uncertain, during the period in which the certificate
    25  can be exercised and no specific date or dates for its use are
    26  designated. A vacation package does not include prearranged
    27  travel, tourist-related services or tour-guide services when a
    28  seller of travel remits full payment for the cost of such
    29  services to the provider or supplier within ten business days of
    30  the purchaser's initial payment to the seller of travel.
    20050H0158B0158                  - 5 -     

     1  Section 3.  Legislative findings.
     2     The General Assembly finds and declares as follows:
     3         (1)  Certain advertising, sales and business practices of
     4     sellers of travel have worked financial hardship upon the
     5     people of this Commonwealth.
     6         (2)  The travel business has a significant impact upon
     7     the economy and well-being of this Commonwealth and its
     8     people.
     9         (3)  Problems have arisen which are peculiar to the
    10     seller of travel business.
    11         (4)  The public welfare requires regulation of sellers of
    12     travel in order to eliminate unfair advertising, sales and
    13     business practices.
    14         (5)  Standards are needed which will safeguard the people
    15     against financial hardship and to encourage competition, fair
    16     dealing and prosperity in the travel business.
    17  Section 4.  Construction and nonapplicability.
    18     (a)  Construction.--The provisions of this act insofar as
    19  they are in conflict with any statutory law or common law
    20  relating to agency shall, for the purposes of this act,
    21  supersede the conflicting provisions and principles.
    22     (b)  Nonapplicability.--This act does not apply to:
    23         (1)  Any direct common carrier of travelers or property
    24     regulated by an agency of the Federal Government or employees
    25     of such carrier when engaged solely in the transportation
    26     business of the carrier.
    27         (2)  An interstate or intrastate common carrier of
    28     travelers selling only transportation or employees of such
    29     carrier when engaged solely in the transportation business of
    30     the carrier.
    20050H0158B0158                  - 6 -     

     1         (3)  Hotels, motels or other places of public
     2     accommodation selling public accommodations or employees of
     3     such hotels, motels or other places of public accommodations
     4     when engaged solely in making arrangements for accommodations
     5     or when engaged in the offering for sale or the sale of any
     6     travel or tour services in conjunction with making
     7     arrangements for accommodations upon their property.
     8         (4)  Any resident or nonresident person, firm,
     9     corporation or business entity maintaining or purporting to
    10     maintain a business location or branch office in this
    11     Commonwealth involved solely in the rental, leasing or sale
    12     of transportation vehicles.
    13         (5)  Any resident or nonresident person, firm,
    14     corporation or business entity maintaining or purporting to
    15     maintain a business location or branch office in this
    16     Commonwealth who makes travel arrangements only for
    17     themselves, for their employees or agents, for the
    18     distributors, franchisees or dealers of the person's products
    19     or services or for the employees or agents of the
    20     distributor, franchise, dealer or financially related entity.
    21  Section 5.  Advertisements.
    22     All price-related advertisements placed by a seller of travel
    23  shall display or contain the registration number of the seller
    24  of travel assigned by the bureau under section 10 (relating to
    25  registration).
    26  Section 6.  Information required.
    27     A seller of travel shall not deposit money or other valuable
    28  consideration in payment for travel or tour services unless,
    29  within five days of the time after the traveler's payment is
    30  received, the seller of travel furnishes to the traveler a
    20050H0158B0158                  - 7 -     

     1  written statement or electronic communication clearly and
     2  conspicuously setting forth the following information:
     3         (1)  The name, business address and telephone number of
     4     the seller of travel.
     5         (2)  The amount paid, the date of payment, the purpose of
     6     the payment made and an itemized statement of the balance
     7     due, if any.
     8         (3)  The location of the bond required by this act.
     9         (4)  The method of transportation, the date and place of
    10     each departure.
    11         (5)  The conditions, if any, upon which the contract
    12     between the seller of travel and the traveler may be
    13     canceled, and the rights and obligations of all parties in
    14     the event of a cancellation.
    15         (6)  A statement in ten-point boldface type which clearly
    16     and conspicuously states, "If travel and tour services or
    17     other services are canceled by the seller of travel all sums
    18     paid to the seller of travel for services not performed in
    19     accordance with the contract between the seller of travel and
    20     the traveler will be refunded within ten days of receipt of
    21     money from the travel service provider unless the traveler
    22     requests the seller of travel to apply the money to another
    23     travel or tour service, destination or date."
    24         (7)  A disclosure statement specifying the type of
    25     accommodations that are being sold as well as an additional
    26     disclosure of all material terms and conditions included in
    27     the contract. This disclosure shall include any and all
    28     additional costs or charges that may be incurred.
    29  Section 7.  Cancellation and refunds.
    30     (a)  Refunds.--In the event that travel services or tour
    20050H0158B0158                  - 8 -     

     1  services contracted for are canceled through no fault of the
     2  traveler or if the travel services or tour services are not
     3  provided through no fault of the traveler and unless the
     4  traveler otherwise advises the seller of travel in writing, the
     5  seller of travel shall return to the traveler all moneys paid
     6  for services not performed and goods not delivered in accordance
     7  with the contract.
     8     (b)  Misrepresentation.--Any material misrepresentation with
     9  respect to the date or place of all departures or arrivals or
    10  type of aircraft or land or ocean carrier shall be reasons for
    11  cancellation by the consumer, which will require the refund
    12  specified in this section. The seller of travel has the right to
    13  substitute another ship, airline, accommodations or mode of
    14  transportation of equal or greater value due to strike,
    15  bankruptcy or condition making the ship, airline, accommodations
    16  or mode of transportation uninhabitable, nonoperational or
    17  unusable. A change in type of aircraft or land or ocean carrier
    18  is not considered a misrepresentation under this section if the
    19  reason for the change is beyond the control of the seller of
    20  travel including, but not limited to, weather, mechanical
    21  problems or traveler safety concerns.
    22     (c)  Subrogation.--Any seller of travel who makes any refund
    23  under the provisions of this act shall be entitled to
    24  subrogation as defined in this act.
    25  Section 8.  Evidence of financial security.
    26     (a)  Filing and amount.--Before offering, advertising,
    27  selling or executing or causing to be executed any contract in
    28  this Commonwealth for travel or tour services, every seller of
    29  travel shall file and maintain with the bureau evidence of
    30  financial security as follows:
    20050H0158B0158                  - 9 -     

     1         (1)  An adequate bond issued by a surety authorized to do
     2     business in this Commonwealth and specifically authorized to
     3     issue such surety bonds in this Commonwealth. The requisite
     4     bond amount shall be in an amount equal to 100% of the seller
     5     of travel's amount of retail business not to exceed $25,000.
     6     However, if the seller of travel has revenues in excess of
     7     $250,000, then the seller of travel must be bonded for 10% of
     8     the previous year's annual gross sales. If the seller of
     9     travel provides or offers vacation packages as part of the
    10     travel or tour services, then the bond must be equal to 100%
    11     of the seller of travel's amount of retail business. A seller
    12     of travel filing the bond shall maintain the bond in force in
    13     the proper amount as a condition of continuing to engage in
    14     business. Evidence of the bond must be filed with the bureau.
    15         (2)  An adequate bond shall be in favor of the bureau for
    16     the benefit of:
    17             (i)  any traveler injured by having paid money for
    18         travel or tour services to a person or entity that fails
    19         to provide the travel or tour service; or
    20             (ii)  any traveler injured as a result of a violation
    21         of this act.
    22         (3)  The bond requirement may be waived on an annual
    23     basis if any of the following apply:
    24             (i)  sellers of travel who have:
    25                 (A)  contracted with the Airlines Reporting
    26             Corporation for the most recent consecutive three
    27             years or more and who do not offer vacation packages;
    28             and
    29                 (B)  had three or more consecutive years of
    30             experience as a seller of travel under the same
    20050H0158B0158                 - 10 -     

     1             ownership and name in this Commonwealth in compliance
     2             with this act, unless acquired or formed by a
     3             registered seller of travel that has been in business
     4             under the same ownership for a period of three years
     5             and has not had any civil, criminal or administrative
     6             actions instituted against the seller of travel in
     7             the vacation and travel business by any governmental
     8             agency or any action involving fraud, theft,
     9             misappropriation of property or moral turpitude;
    10             (ii)  the seller of travel is a broker who has
    11         complied with 52 Pa. Code § 39.15 (relating to security
    12         for the protection of the public) and has furnished a
    13         bond or other security approved by the commission.
    14         Such waiver may be revoked if the seller of travel
    15         violates any provision of this act; or
    16             (iii)  the seller of travel has been in business of
    17         selling or arranging travel or tour services for a
    18         minimum of three years, has not had a bankruptcy in the
    19         previous five years and already maintains a bond or
    20         surety of equal or greater amount required by this
    21         section. Proof of these requirements must be submitted to
    22         the bureau at the time of registration, required by
    23         section 10 (relating to registration), in order to have
    24         the bond requirement waived.
    25     (b)  Consent for cancellation.--An adequate bond shall not be
    26  canceled without the consent of the bureau.
    27  Section 9.  Educational institution purchases of travel or tour
    28                 services.
    29     (a)  Purchase from registered seller of travel.--If an
    30  educational institution purchases or arranges for the purchase
    20050H0158B0158                 - 11 -     

     1  of travel or tour services for or on behalf of the students of
     2  the educational institution, the educational institution shall
     3  purchase the travel or tour services from a seller of travel
     4  that is registered under section 10 (relating to registration)
     5  and that holds adequate security as required by section 8
     6  (relating to evidence of financial security).
     7     (b)  Nonapplication.--This section does not apply to trips in
     8  which the entire cost of the trip for the students as a whole is
     9  less than $2,500.
    10     (c)  Definition.--As used in this section, "educational
    11  institution" shall mean a public school operated by a joint
    12  board, board of directors or school board where pupils are
    13  enrolled in compliance with Article XIII of the act of March 10,
    14  1949 (P.L.30, No.14), known as the Public School Code of 1949.
    15  The term includes elementary schools, secondary schools, area
    16  vocational-technical schools and intermediate units or any part
    17  thereof. The term also includes any member institution of the
    18  State System of Higher Education, any community college
    19  established and operated under the authority of Article XIX-A of
    20  the Public School Code of 1949 or any State-related higher
    21  educational institution.
    22  Section 10.  Registration.
    23     (a)  Registration.--A seller of travel shall file a statement
    24  with the bureau, indicating name, home address and business
    25  address and, where applicable, the name and address of the
    26  financial institution where the bond is located and any other
    27  information required by the bureau under this act. The bureau
    28  shall assign a registration number to each seller of travel.
    29     (b)  Registration fee.--Registration fees shall be $150 for
    30  the first year and $50 for each subsequent year. Registration
    20050H0158B0158                 - 12 -     

     1  costs have been calculated to be equal to the costs of
     2  implementing and enforcing this act. For sellers of travel which
     3  have more than one office, registration fees shall be assessed
     4  at the main location which maintains the principal banking
     5  relationship for the branch offices.
     6     (c)  Additional material to be filed.--Sellers of travel who
     7  offer vacation packages must also submit and disclose to the
     8  bureau with the application for registration, and any time such
     9  document is changed but prior to the sale of any vacation
    10  packages, the following:
    11         (1)  A copy of the contract by which the rights,
    12     obligations, benefits and privileges resulting from purchase
    13     of a vacation package are established.
    14         (2)  A copy of each promotional brochure, pamphlet, form
    15     letter, registration form or any other written material
    16     disseminated in connection with the advertising, promotion or
    17     sale of any vacation package.
    18         (3)  A verbatim script of each radio, television or movie
    19     or other similar advertisement broadcast to the public in
    20     connection with the advertising, promotion or sale of any
    21     vacation package.
    22         (4)  A transcript of any standard verbal sales
    23     presentation utilized in connection with the advertising,
    24     promotion or sale of vacation packages.
    25         (5)  A copy of all rules, regulations, conditions or
    26     limitations upon the use of, or obtaining reservations for
    27     the use of, accommodations or facilities available pursuant
    28     to the vacation package.
    29         (6)  A copy of a written authorization for the use of any
    30     registered trademark, trade name or trade logo utilized in
    20050H0158B0158                 - 13 -     

     1     promotional brochures, pamphlets, form letters, registration
     2     forms or other written materials disseminated in connection
     3     with the advertising, promotion or sale of vacation packages
     4     from the holder of each trademark, trade name or trade logo
     5     so used.
     6         (7)  A complete copy of the original of each testimonial
     7     letter from previous vacation package purchasers utilized in
     8     advertisements disseminated in connection with advertising,
     9     promotion or sale of vacation packages.
    10         (8)  Where discount or complimentary coupons or tickets
    11     are to be provided to purchasers, a copy of such ticket or
    12     coupon which shall include a statement of the names and
    13     addresses of businesses where the coupons or tickets are
    14     honored, the goods, services or amenities provided and any
    15     additional charges, limitations or conditions.
    16         (9)  Where other goods, services or amenities are
    17     provided to the purchasers, a copy of such ticket or coupon
    18     which shall include a statement of the names and addresses of
    19     businesses where the coupons or tickets are honored, the
    20     goods, services or amenities provided and any additional
    21     charges, limitations or conditions.
    22         (10)  A statement of the number of certificates to be
    23     issued and the date of their expiration.
    24         (11)  A copy of the vacation package and its component
    25     parts, including, but not limited to, any registration card,
    26     form letter, reservation form, confirmation form and lodging
    27     directory.
    28         (12)  A copy of all agreements between the seller and
    29     business entities providing accommodations or facilities to
    30     purchasers.
    20050H0158B0158                 - 14 -     

     1         (13)  A copy of all agreements between the seller and
     2     each business entity providing or honoring discount or
     3     complimentary coupons or tickets or providing other goods,
     4     services or amenities to the purchaser.
     5         (14)  A listing of the full name, address and telephone
     6     number of each person through which the distribution and sale
     7     of vacation packages is to be carried out, including the
     8     number of vacation packages allocated or sold to each person
     9     and the name and address of a registered agent for service of
    10     process in this Commonwealth.
    11         (15)  A financial statement prepared by an independent
    12     certified public accountant in accordance with generally
    13     accepted accounting principles. Such statement shall be
    14     submitted annually at the close of each fiscal year. A seller
    15     which has not yet begun operations shall submit a balance
    16     sheet prepared by an independent certified public accountant
    17     in accordance with generally accepted auditing principles in
    18     lieu of an initial financial statement, thereafter annually
    19     submitting a financial statement or Federal income tax return
    20     at the close of the fiscal year.
    21  Section 11.  Prohibited practices by sellers of travel.
    22     It shall be illegal for any seller of travel and, if such
    23  seller of travel is a corporation, any officer or director
    24  thereof to engage in any or all of the following enumerated
    25  practices:
    26         (1)  Make a material misrepresentation regarding the
    27     quality of aircraft, vehicle, ship or train, day of departure
    28     or arrival, points served, quality of lodging, time share or
    29     other accommodation or other services available, reserved or
    30     contracted for in connection with any trip, tour or other
    20050H0158B0158                 - 15 -     

     1     travel services, unless such misrepresentation was based upon
     2     a reasonable belief as to the services available based upon
     3     representations made by the person, company, corporation,
     4     common carrier or other entity offering such services.
     5         (2)  Misrepresent the fares and charges for
     6     transportation or services, unless such misrepresentation was
     7     based upon a reasonable belief as to the fares and charges
     8     applicable based upon representations made by the person,
     9     company, corporation, common carrier or other entity offering
    10     such services.
    11         (3)  Misrepresent that special priorities for
    12     reservations are available when such special considerations
    13     are in fact granted to members of the public generally.
    14         (4)  Sell transportation to a person or persons on a
    15     reservation or charter basis for specified space, flight or
    16     time or represent that such definite reservations or charter
    17     is or will be available or has been arranged without a
    18     binding commitment with a carrier for the furnishing of such
    19     definite reservation or charter as represented or sold.
    20         (5)  Sell or issue tickets or other documents to
    21     passengers to be exchanged or used for transportation if such
    22     tickets or other documents will not be or cannot be legally
    23     honored by carriers for transportation.
    24         (6)  Misrepresent the requirements that must be met by a
    25     person or persons in order to qualify for charter or group
    26     fare rates, unless such misrepresentation was based upon a
    27     reasonable belief as to the applicable requirements based
    28     upon representations made by the person, company corporation,
    29     common carrier or other entity offering such charter or group
    30     fare.
    20050H0158B0158                 - 16 -     

     1         (7)  Fail or refuse to honor a purchaser's vacation
     2     package request to cancel if such request is made:
     3             (i)  within 30 days from the date of purchase or
     4         receipt of the vacation package, whichever occurs later;
     5         or
     6             (ii)  at any time accommodations or facilities are
     7         not available pursuant to a request for use as provided
     8         in the contract, provided that the contract shall not
     9         require notice greater than 60 days in advance of the
    10         date requested. If acceptable to the purchaser,
    11         comparable alternate accommodations or facilities in a
    12         city, or reservations for a date different than that
    13         requested, may be provided.
    14  Section 12.  Offenses.
    15     A violation of the provisions of this act constitutes a
    16  violation of the act of December 17, 1968 (P.L.1224, No.387),
    17  known as the Unfair Trade Practices and Consumer Protection Law.
    18  In addition to the penalties provided in this act, any seller of
    19  travel who violates the provisions of this act shall be subject
    20  to a civil penalty of up to $5,000 for each violation. The
    21  Attorney General, a district attorney or the traveler may seek
    22  such penalties in addition to any other penalty or remedy
    23  permitted under the Unfair Trade Practices and Consumer
    24  Protection Law or any other laws of this Commonwealth.
    25  Section 13.  Burden of proof.
    26     (a)  Proceeding under this act.--In any civil proceeding
    27  alleging a violation of this act, the burden of proving an
    28  exemption is upon the person claiming it. In any criminal
    29  proceeding alleging a violation of this act, the burden of
    30  producing evidence to support a defense based upon an exemption
    20050H0158B0158                 - 17 -     

     1  or an exception is upon the person claiming it.
     2     (b)  Other proceedings.--Compliance with this act does not
     3  satisfy or substitute for any requirements for licensing,
     4  registration or regulation mandated by other laws.
     5  Section 14.  Investigation.
     6     (a)  Authority.--If the Attorney General or district attorney
     7  has reason to believe that a violation of this act has occurred,
     8  the Attorney General or district attorney shall have the
     9  authority to investigate, on behalf of the Commonwealth, its
    10  citizens or a political subdivision.
    11     (b)  Procedure.--Prior to the institution of a civil action,
    12  the Attorney General is authorized to require the attendance and
    13  testimony of witnesses and the production of documents. For this
    14  purpose, the Attorney  General may issue subpoenas, examine
    15  witnesses and receive evidence. If a person objects to or
    16  otherwise fails to comply with a subpoena or request for
    17  testimony, the Attorney General may file in Commonwealth Court
    18  an action to enforce the subpoena or request. Notice of hearing
    19  the action and a copy of all pleadings shall be served upon the
    20  person who may appear in opposition.
    21  Section 15.  Authority.
    22     (a)  Authority of bureau.--The bureau shall have all powers,
    23  rights and duties as are provided in this act to seek penalties,
    24  remedies and procedures against any seller of travel that is
    25  engaged in practices that are unlawful according to the
    26  provisions of this act.
    27     (b)  Other remedies preserved.--The provisions of this act
    28  are not exclusive and do not relieve sellers of travel or
    29  contracts subject thereto from compliance with all other
    30  applicable provisions of law nor shall these provisions provide
    20050H0158B0158                 - 18 -     

     1  immunity for any civil claim against any seller of travel which
     2  has acquired any moneys or property, real or personal, by means
     3  of any practice declared unlawful by this act.
     4  Section 16.  Venue.
     5     An offense under this act is deemed to have been committed in
     6  any county where the seller of travel has a place of business,
     7  the county from which payment by the traveler was made or the
     8  county where money was collected by the seller of travel.
     9  Section 17.  Regulations.
    10     The bureau shall adopt rules and regulations necessary to
    11  enforce and administer this act including, but not limited to, a
    12  provision outlining a complaint procedure for individuals or
    13  other sellers of travel, for the reporting of violations of this
    14  act, either to the Attorney General or district attorney. These
    15  rules and regulations, when promulgated pursuant to the act of
    16  July 31, 1968 (P.L.769, No.240), referred to as the Commonwealth
    17  Documents Law, shall have the force and effect of law.
    18  Section 18.  Effective date.
    19     This act shall take effect in 90 days.








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