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                                                       PRINTER'S NO. 907

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 817 Session of 2001


        INTRODUCED BY GODSHALL, LUCYK, NAILOR, KENNEY, ROBINSON, WILT,
           TULLI, MARSICO, LEDERER, ADOLPH, ARGALL, BARD, BELFANTI,
           BUNT, CALTAGIRONE, CAPPELLI, L. I. COHEN, CURRY, FICHTER,
           FRANKEL, GEIST, HALUSKA, HARHAI, HENNESSEY, HORSEY, JAMES,
           MANDERINO, MICOZZIE, RUBLEY, SATHER, SHANER, STABACK,
           E. Z. TAYLOR, THOMAS, TRELLO, WANSACZ, WOGAN, WOJNAROSKI AND
           YOUNGBLOOD, FEBRUARY 26, 2001

        REFERRED TO COMMITTEE ON TOURISM AND RECREATIONAL DEVELOPMENT,
           FEBRUARY 26, 2001

                                     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 providing 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.


     1  Section 11.  Prohibited practices by sellers of travel.
     2  Section 12.  Offenses.
     3  Section 13.  Burden of proof.
     4  Section 14.  Investigation.
     5  Section 15.  Authority.
     6  Section 16.  Venue.
     7  Section 17.  Regulations.
     8  Section 18.  Effective date.
     9     The General Assembly of the Commonwealth of Pennsylvania
    10  hereby enacts as follows:
    11  Section 1.  Short title.
    12     This act shall be known and may be cited as the Sellers of
    13  Travel Act.
    14  Section 2.  Definitions.
    15     The following words and phrases when used in this act shall
    16  have the meanings given to them in this section unless the
    17  context clearly indicates otherwise:
    18     "Accommodations."  Any hotel or motel room, bed and
    19  breakfast, homestead or inn, condominium or cooperative unit,
    20  cabin, lodge or apartment; any other commercial structure
    21  designed for occupancy by one or more individuals; or any
    22  lodging establishment as provided by law.
    23     "Adequate bond."  A corporate bond of an amount at least
    24  equal to the amount required under the contract between the
    25  seller of travel and the travel or tour services carrier or
    26  company or person providing other services in conjunction with
    27  travel or tour services.
    28     "Advertise."  To make a representation in the solicitation of
    29  travel or tour services. The term includes communication with
    30  other members of the same partnership, corporation, joint
    20010H0817B0907                  - 2 -

     1  venture, association, organization, group or other entity.
     2     "Air carrier."  A transporter of persons by air which is
     3  subject to regulation as such by a governmental agency.
     4     "Bed and breakfast, homestead or inn."  A public
     5  accommodation consisting of a private residence which contains
     6  ten or fewer bedrooms used for providing overnight accommodation
     7  to the public and in which breakfast is the only meal served and
     8  is included in the charge for the room.
     9     "Broker."  Any person or corporation not included in the term
    10  "motor carrier" and not a bona fide employee or agent of any
    11  such carrier, or group of such carriers, who or which, as
    12  principal or agent, sells or offers for sale any transportation
    13  by a motor carrier, or the furnishing, providing, or procuring
    14  of facilities therefor, or negotiates for, or holds out by
    15  solicitation, advertisement, or otherwise, as one who sells,
    16  provides, furnishes, contracts, or arranges for such
    17  transportation, or the furnishing, providing, or procuring of
    18  facilities therefor, other than as a motor carrier directly or
    19  jointly, or by arrangement with another motor carrier, and who
    20  does not assume custody as a carrier.
    21     "Bureau."  The Bureau of Consumer Protection.
    22     "Charitable organization."  Any nonprofit organization.
    23     "Commission."  The Pennsylvania Public Utility Commission.
    24     "Contract."  Any agreement, certificate, reservation request
    25  or confirmation form, membership application or use agreement,
    26  license or reservation confirmation whereby the purchaser
    27  obtains the right to benefits and privileges of the prearranged
    28  travel or tourist service, or to a vacation form committing the
    29  seller of travel to provide transportation pertaining to
    30  reservations, tour or travel arrangements and accommodations.
    20010H0817B0907                  - 3 -

     1     "Land carrier."  A transporter of persons by land which is
     2  subject to regulation as such by a governmental agency.
     3     "Motor carrier."  A common carrier by motor vehicle, and a
     4  contract carrier by motor vehicle.
     5     "Offer for sale."  Any direct or indirect representation,
     6  claim or statement or undertaking by any means or method to
     7  arrange for, provide or acquire travel reservations or
     8  accommodations, tickets for domestic or foreign travel by air,
     9  rail, ship or any other medium of transportation or hotel and
    10  motel accommodations or sightseeing tours.
    11     "Place of public accommodation."  Any accommodation that is
    12  open to the general public, in contrast to being owner occupied.
    13     "Seller of travel."  Any resident or nonresident person,
    14  firm, corporation, business entity or charitable organization
    15  who offers for sale, directly or indirectly, at wholesale or
    16  retail travel or tour services in exchange for a fee, commission
    17  or other consideration.
    18     "Subrogation."  The substitution of one person in the place
    19  of another with reference to a lawful claim, demand or right, so
    20  that he who is substituted succeeds to the rights of the other
    21  in relation to the debt or claim.
    22     "Travel or tour services."  Any arrangement for individuals
    23  or groups, including:
    24         (1)  vacation or travel packages, sightseeing tours,
    25     prearranged travel services, travel reservations or
    26     accommodations, tickets for domestic or foreign travel by
    27     air, rail, ship, bus or other medium of transportation or
    28     hotel or other accommodations;
    29         (2)  travel-related prizes or awards for which the
    30     traveler must pay a fee or, in connection with the prize or
    20010H0817B0907                  - 4 -

     1     award, expend moneys for the direct or indirect monetary
     2     benefits of the person or business entity making the award in
     3     order for the traveler to collect or enjoy the benefits of
     4     the prize or award;
     5         (3)  travel-related services provided in conjunction with
     6     solicitations for the sale of any investments, goods,
     7     products or services or in conjunction with promotional
     8     opportunities, including, but not limited to, land and
     9     interest in land, time-share plans, housing, commodities or
    10     securities; and
    11         (4)  vacation certificates and travel clubs.
    12     "Traveler."  The purchaser of travel or tour services, person
    13  otherwise entitled to receive travel or tour services for a fee
    14  or commission, person who has received a travel-related prize or
    15  award or person who has been provided travel-related services in
    16  conjunction with solicitations of the sale of any investments,
    17  goods, products or services, or in conjunction with promotional
    18  opportunities, including, but not limited to, land and interest
    19  in land, time-share plans, housing commodities or securities.
    20     "Vacation package."  Any arrangement, plan, program or
    21  package that promotes, discusses or discloses a destination or
    22  itinerary or type of travel whereby a purchaser for
    23  consideration paid in advance is entitled to the use of travel,
    24  accommodations or facilities for any number of days, whether
    25  certain or uncertain, during the period in which the certificate
    26  can be exercised and no specific date or dates for its use are
    27  designated. A vacation certificate does not include prearranged
    28  travel, tourist-related services or tour-guide services when a
    29  seller of travel remits full payment for the cost of such
    30  services to the provider or supplier within ten business days of
    20010H0817B0907                  - 5 -

     1  the purchaser's initial payment to the seller of travel.
     2  Section 3.  Legislative findings.
     3     The General Assembly finds and declares as follows:
     4         (1)  Certain advertising, sales and business practices of
     5     sellers of travel have worked financial hardship upon the
     6     people of this Commonwealth.
     7         (2)  The travel business has a significant impact upon
     8     the economy and well-being of this Commonwealth and its
     9     people.
    10         (3)  Problems have arisen which are peculiar to the
    11     seller of travel business.
    12         (4)  The public welfare requires regulation of sellers of
    13     travel in order to eliminate unfair advertising, sales and
    14     business practices.
    15         (5)  Standards are needed which will safeguard the people
    16     against financial hardship and to encourage competition, fair
    17     dealing and prosperity in the travel business.
    18  Section 4.  Construction and nonapplicability.
    19     (a)  Construction.--The provisions of this act insofar as
    20  they are in conflict with any statutory law or common law
    21  relating to agency shall, for the purposes of this act,
    22  supersede the conflicting provisions and principles.
    23     (b)  Nonapplicability.--This act does not apply to:
    24         (1)  Any direct common carrier of travelers or property
    25     regulated by an agency of the Federal Government or employees
    26     of such carrier when engaged solely in the transportation
    27     business of the carrier.
    28         (2)  An interstate or intrastate common carrier of
    29     travelers selling only transportation or employees of such
    30     carrier when engaged solely in the transportation business of
    20010H0817B0907                  - 6 -

     1     the carrier.
     2         (3)  Hotels, motels or other places of public
     3     accommodation selling public accommodations or employees of
     4     such hotels, motels or other places of public accommodations
     5     when engaged solely in making arrangements for accommodations
     6     or when engaged in the offering for sale or the sale of any
     7     travel or tour services in conjunction with making
     8     arrangements for accommodations upon their property.
     9         (4)  Any resident or nonresident person, firm,
    10     corporation or business entity maintaining or purporting to
    11     maintain a business location or branch office in this
    12     Commonwealth involved solely in the rental, leasing or sale
    13     of transportation vehicles.
    14         (5)  Any resident or nonresident person, firm,
    15     corporation or business entity maintaining or purporting to
    16     maintain a business location or branch office in this
    17     Commonwealth who makes travel arrangements only for
    18     themselves, for their employees or agents, for the
    19     distributors, franchisees or dealers of the person's products
    20     or services or for the employees or agents of the
    21     distributor, franchise, dealer or financially related entity.
    22  Section 5.  Advertisements.
    23     All price-related advertisements placed by a seller of travel
    24  shall display or contain the registration number of the seller
    25  of travel assigned by the bureau under section 10.
    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  deposited, the seller of travel furnishes to the traveler a
    20010H0817B0907                  - 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
    20010H0817B0907                  - 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:
    20010H0817B0907                  - 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 certificates as part of
    10     the travel or tour services, then the bond must be equal to
    11     100% of the seller of travel's amount of retail business. A
    12     seller of travel filing the bond shall maintain the bond in
    13     force in the proper amount as a condition of continuing to
    14     engage in business. Evidence of the bond must be filed with
    15     the bureau.
    16         (2)  An adequate bond shall be in favor of the bureau for
    17     the benefit of:
    18             (i)  any traveler injured by having paid money for
    19         travel or tour services to a person or entity that fails
    20         to provide the travel or tour service; or
    21             (ii)  any traveler injured as a result of a violation
    22         of this act.
    23         (3)  The bond requirement may be waived on an annual
    24     basis if any of the following apply:
    25             (i)  sellers of travel who have:
    26                 (A)  contracted with the Airlines Reporting
    27             Corporation for the most recent consecutive three
    28             years or more and who do not offer vacation
    29             certificates; and
    30                 (B)  had three or more consecutive years of
    20010H0817B0907                 - 10 -

     1             experience as a seller of travel under the same
     2             ownership and name in this Commonwealth in compliance
     3             with this act, unless acquired or formed by a
     4             registered seller of travel that has been in business
     5             under the same ownership for a period of three years
     6             and has not had any civil, criminal or administrative
     7             actions instituted against the seller of travel in
     8             the vacation and travel business by any governmental
     9             agency or any action involving fraud, theft,
    10             misappropriation of property or moral turpitude;
    11             (ii)  the seller of travel is a broker who has
    12         complied with 52 Pa. Code § 39.15 (relating to security
    13         for the protection of the public) and has furnished a
    14         bond or other security approved by the commission.
    15         Such waiver may be revoked if the seller of travel
    16         violates any provision of this act; or
    17             (iii)  the seller of travel has been in business of
    18         selling or arranging travel or tour services for a
    19         minimum of three years, has not had a bankruptcy in the
    20         previous five years and already maintains a bond or
    21         surety of equal or greater amount required by this
    22         section. Proof of these requirements must be submitted to
    23         the bureau at the time of registration, required by
    24         section 10, in order to have 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
    20010H0817B0907                 - 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 and that holds adequate
     5  security as required by section 8.
     6     (b)  Nonapplication.--This section does not apply to trips in
     7  which the entire cost of the trip for the students as a whole is
     8  less than $2,500.
     9     (c)  Definition.--As used in this section, "educational
    10  institution" shall mean a public school operated by a joint
    11  board, board of directors or school board where pupils are
    12  enrolled in compliance with Article XIII of the act of March 10,
    13  1949 (P.L.30, No.14), known as the Public School Code of 1949.
    14  The term includes elementary schools, secondary schools, area
    15  vocational-technical schools and intermediate units or any part
    16  thereof. The term also includes any member institution of the
    17  State System of Higher Education, any community college
    18  established and operated under the authority of Article XIX-A of
    19  the Public School Code of 1949 or any State-related higher
    20  educational institution.
    21  Section 10.  Registration.
    22     (a)  Registration.--A seller of travel shall file a statement
    23  with the bureau, indicating name, home address and business
    24  address and, where applicable, the name and address of the
    25  financial institution where the bond is located and any other
    26  information required by the bureau under this act. The bureau
    27  shall assign a registration number to each seller of travel.
    28     (b)  Registration fee.--Registration fees shall be $150 for
    29  the first year and $50 for each subsequent year. Registration
    30  costs have been calculated to be equal to the costs of
    20010H0817B0907                 - 12 -

     1  implementing and enforcing this act. For sellers of travel which
     2  have more than one office, registration fees shall be assessed
     3  at the main location which maintains the principal banking
     4  relationship for the branch offices.
     5     (c)  Additional material to be filed.--Sellers of travel who
     6  offer vacation certificates must also submit and disclose to the
     7  bureau with the application for registration, and any time such
     8  document is changed but prior to the sale of any vacation
     9  certificate, the following:
    10         (1)  A copy of the contract by which the rights,
    11     obligations, benefits and privileges resulting from purchase
    12     of a vacation certificate are established.
    13         (2)  A copy of each promotional brochure, pamphlet, form
    14     letter, registration form or any other written material
    15     disseminated in connection with the advertising, promotion or
    16     sale of any vacation certificate.
    17         (3)  A verbatim script of each radio, television or movie
    18     or other similar advertisement broadcast to the public in
    19     connection with the advertising, promotion or sale of any
    20     vacation certificate.
    21         (4)  A transcript of any standard verbal sales
    22     presentation utilized in connection with the advertising,
    23     promotion or sale of vacation certificates.
    24         (5)  A copy of all rules, regulations, conditions or
    25     limitations upon the use of, or obtaining reservations for
    26     the use of, accommodations or facilities available pursuant
    27     to the vacation certificate.
    28         (6)  A copy of a written authorization for the use of any
    29     registered trademark, trade name or trade logo utilized in
    30     promotional brochures, pamphlets, form letters, registration
    20010H0817B0907                 - 13 -

     1     forms or other written materials disseminated in connection
     2     with the advertising, promotion or sale of vacation
     3     certificates from the holder of each trademark, trade name or
     4     trade logo so used.
     5         (7)  A complete copy of the original of each testimonial
     6     letter from previous vacation certificate purchasers utilized
     7     in advertisements disseminated in connection with
     8     advertising, promotion or sale of vacation certificates.
     9         (8)  Where discount or complimentary coupons or tickets
    10     are to be provided to purchasers, a copy of such ticket or
    11     coupon which shall include a statement of the names and
    12     addresses of businesses where the coupons or tickets are
    13     honored, the goods, services or amenities provided and any
    14     additional charges, limitations or conditions.
    15         (9)  Where other goods, services or amenities are
    16     provided to the purchasers, a copy of such ticket or coupon
    17     which shall include a statement of the names and addresses of
    18     businesses where the coupons or tickets are honored, the
    19     goods, services or amenities provided and any additional
    20     charges, limitations or conditions.
    21         (10)  A statement of the number of certificates to be
    22     issued and the date of their expiration.
    23         (11)  A copy of the vacation certificate and its
    24     component parts, including, but not limited to, any
    25     registration card, form letter, reservation form,
    26     confirmation form and lodging directory.
    27         (12)  A copy of all agreements between the seller and
    28     business entities providing accommodations or facilities to
    29     purchasers.
    30         (13)  A copy of all agreements between the seller and
    20010H0817B0907                 - 14 -

     1     each business entity providing or honoring discount or
     2     complimentary coupons or tickets or providing other goods,
     3     services or amenities to the purchaser.
     4         (14)  A listing of the full name, address and telephone
     5     number of each person through which the distribution and sale
     6     of vacation certificates is to be carried out, including the
     7     number of vacation certificates allocated or sold to each
     8     person and the name and address of a registered agent for
     9     service of process in this Commonwealth.
    10         (15)  A financial statement prepared by an independent
    11     certified public accountant in accordance with generally
    12     accepted accounting principles. Such statement shall be
    13     submitted annually at the close of each fiscal year. A seller
    14     which has not yet begun operations shall submit a balance
    15     sheet prepared by an independent certified public accountant
    16     in accordance with generally accepted auditing principles in
    17     lieu of an initial financial statement, thereafter annually
    18     submitting a financial statement or Federal income tax return
    19     at the close of the fiscal year.
    20  Section 11.  Prohibited practices by sellers of travel.
    21     It shall be illegal for any seller of travel and, if such
    22  seller of travel is a corporation, any officer or director
    23  thereof to engage in any or all of the following enumerated
    24  practices:
    25         (1)  Make a material misrepresentation regarding the
    26     quality of aircraft, vehicle, ship or train, day of departure
    27     or arrival, points served, quality of lodging, time share or
    28     other accommodation or other services available, reserved or
    29     contracted for in connection with any trip, tour or other
    30     travel services, unless such misrepresentation was based upon
    20010H0817B0907                 - 15 -

     1     a reasonable belief as to the services available based upon
     2     representations made by the person, company, corporation,
     3     common carrier or other entity offering such services.
     4         (2)  Misrepresent the fares and charges for
     5     transportation or services, unless such misrepresentation was
     6     based upon a reasonable belief as to the fares and charges
     7     applicable based upon representations made by the person,
     8     company, corporation, common carrier or other entity offering
     9     such services.
    10         (3)  Misrepresent that special priorities for
    11     reservations are available when such special considerations
    12     are in fact granted to members of the public generally.
    13         (4)  Sell transportation to a person or persons on a
    14     reservation or charter basis for specified space, flight or
    15     time or represent that such definite reservations or charter
    16     is or will be available or has been arranged without a
    17     binding commitment with a carrier for the furnishing of such
    18     definite reservation or charter as represented or sold.
    19         (5)  Sell or issue tickets or other documents to
    20     passengers to be exchanged or used for transportation if such
    21     tickets or other documents will not be or cannot be legally
    22     honored by carriers for transportation.
    23         (6)  Misrepresent the requirements that must be met by a
    24     person or persons in order to qualify for charter or group
    25     fare rates, unless such misrepresentation was based upon a
    26     reasonable belief as to the requirements applicable based
    27     upon representations made by the person, company corporation,
    28     common carrier or other entity offering such charter or group
    29     fare.
    30         (7)  Fail or refuse to honor a purchaser's vacation
    20010H0817B0907                 - 16 -

     1     certificate request to cancel if such request is made:
     2             (i)  within 30 days from the date of purchase or
     3         receipt of the vacation certificate, whichever occurs
     4         later; or
     5             (ii)  at any time accommodations or facilities are
     6         not available pursuant to a request for use as provided
     7         in the contract, provided that the contract shall not
     8         require notice greater than 60 days in advance of the
     9         date requested, if acceptable to the purchaser,
    10         comparable alternate accommodations or facilities in a
    11         city, or reservations for a date different than that
    12         requested, may be provided.
    13  Section 12.  Offenses.
    14     A violation of the provisions of this act constitutes a
    15  violation of the act of December 17, 1968 (P.L.1224, No.387),
    16  known as the Unfair Trade Practices and Consumer Protection Law.
    17  In addition to the penalties provided in this act, any seller of
    18  travel who violates the provisions of this act shall be subject
    19  to a civil penalty of up to $5,000 for each violation. The
    20  Attorney General, a district attorney or the traveler may seek
    21  such penalties in addition to any other penalty or remedy
    22  permitted under the Unfair Trade Practices and Consumer
    23  Protection Law or any other laws of this Commonwealth.
    24  Section 13.  Burden of proof.
    25     (a)  Proceeding under this act.--In any civil proceeding
    26  alleging a violation of this act, the burden of proving an
    27  exemption is upon the person claiming it. In any criminal
    28  proceeding alleging a violation of this act, the burden of
    29  producing evidence to support a defense based upon an exemption
    30  or an exception is upon the person claiming it.
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     1     (b)  Other proceedings.--Compliance with this act does not
     2  satisfy nor substitute for any requirements for license,
     3  registration or regulation mandated by other laws.
     4  Section 14.  Investigation.
     5     (a)  Authority.--If the Attorney General or district attorney
     6  has reason to believe that a violation of this act has occurred,
     7  the Attorney General or district attorney shall have the
     8  authority to investigate, on behalf of the Commonwealth, its
     9  citizens or a political subdivision.
    10     (b)  Procedure.--Prior to the institution of a civil action,
    11  the Attorney General is authorized to require the attendance and
    12  testimony of witnesses and the production of documents. For this
    13  purpose, the Attorney  General may issue subpoenas, examine
    14  witnesses and receive evidence. If a person objects to or
    15  otherwise fails to comply with a subpoena or request for
    16  testimony, the Attorney General may file in Commonwealth Court
    17  an action to enforce the subpoena or request. Notice of hearing
    18  the action and a copy of all pleadings shall be served upon the
    19  person who may appear in opposition.
    20  Section 15.  Authority.
    21     (a)  Authority of bureau.--The bureau shall have all powers,
    22  rights and duties as are provided in this act to seek penalties,
    23  remedies and procedures against any seller of travel that is
    24  engaged in practices that are unlawful according to the
    25  provisions of this act.
    26     (b)  Other remedies preserved.--The provisions of this act
    27  are not exclusive and do not relieve sellers of travel or
    28  contracts subject thereto from compliance with all other
    29  applicable provisions of law nor shall these provisions provide
    30  immunity for any civil claim against any seller of travel which
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     1  has acquired any moneys or property, real or personal, by means
     2  of any practice declared unlawful by this act.
     3  Section 16.  Venue.
     4     An offense under this act is deemed to have been committed in
     5  any county where the seller of travel has a place of business,
     6  the county from which payment by the traveler was made or the
     7  county where money was collected by the seller of travel.
     8  Section 17.  Regulations.
     9     The bureau shall adopt rules and regulations necessary to
    10  enforce and administer this act including, but not limited to, a
    11  provision outlining a complaint procedure for individuals or
    12  other sellers of travel, for the reporting of violations of this
    13  act, either to the Attorney General or district attorney. These
    14  rules and regulations, when promulgated pursuant to the act of
    15  July 31, 1968 (P.L.769, No.240), referred to as the Commonwealth
    16  Documents Law, shall have the force and effect of law.
    17  Section 18.  Effective date.
    18     This act shall take effect in 90 days.








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