| Old | New | Differences | |
|---|---|---|---|
| 1 | - | Amended IN Senate | |
| 1 | + | Amended IN Senate March 12, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 95Introduced by Senator UmbergJanuary 23, 2025An act to amend Section 777 of the Penal Code, relating to criminal procedure. amend Section 17550.1 of, and to add Section 17550.31 to, the Business and Professions Code, relating to business.LEGISLATIVE COUNSEL'S DIGESTSB 95, as amended, Umberg. Criminal procedure: jurisdiction. Sellers of travel: travel consolidators: fraud.Existing law regulates sellers of travel, as defined, and requires a seller of travel to annually register with the Attorney General. Existing law, unless an exception applies, requires a seller of travel to establish a trust fund to deposit money received from persons for travel services and prohibits the seller of travel from withdrawing money from the trust account except for specified purposes, including to make refunds to the passenger. Existing law exempts a seller of travel from the requirement to establish a trust account under specified circumstances, including if the seller of travel is a participant in a Consumer Protection Deposit Plan or uses a Consumer Protection Escrow Plan and meets specified requirements. Existing law imposes an obligation on a seller of travel either to provide the air or sea transportation or travel service purchased by the passenger or to make a refund within a certain period of time, except as specified. Existing law establishes the Travel Consumer Restitution Corporation to provide restitution to a person aggrieved, as defined, and provides for payment of claims from the Travel Consumer Restitution Fund established by the Travel Consumer Restitution Corporation.This bill would specify the term seller of travel includes a travel consolidator, as defined. The bill would require an air carrier to refund a person who purchased air travel from a seller of travel if the person is a victim of fraud committed by the seller of travel, the air carrier had actual knowledge of the fraud, and the person was unable to procure a refund from the seller of travel within a reasonable time. If the seller of travel is not registered, the bill would specify that the sale is voidable by the purchaser. Because a violation of the provisions regulating sellers of travel is a misdemeanor or a felony, depending on the circumstances, this bill would expand the scope of a crime and would therefore impose a state-mandated local crime.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Existing law specifies that every person is liable to punishment by the laws of this State for a public offense committed by them therein, except where the public offense is, by law, cognizable exclusively in the courts of the United States. Existing law also specifies that, except as otherwise provided by law, the jurisdiction of every public offense is in any competent court within the jurisdictional territory in which it is committed.This bill would make technical, nonsubstantive changes to those provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 17550.1 of the Business and Professions Code is amended to read:17550.1. (a) Seller of travel means a person who sells, provides, furnishes, contracts for, arranges, or advertises that he or she they can or may arrange, or has arranged, wholesale or retail, either of the following:(1) Air or sea transportation either separately or in conjunction with other travel services.(2) Land or water vessel transportation, other than sea carriage, either separately or in conjunction with other travel services if the total charge to the passenger exceeds three hundred dollars ($300).(b) Seller of travel includes a travel consolidator. Travel consolidator means an entity that purchases airline tickets in bulk from an airline and resells the tickets to travel agencies or directly to consumers at a discount. (b)(c) Seller of travel does not include any of the following:(1) An air carrier.(2) An ocean carrier.(3) A hotel, motel, or similar lodging establishment where in the course of selling, providing, furnishing, contracting for, or arranging transient lodging accommodations and related services for its registered guests, it also arranges for transportation and does not directly or indirectly receive any money or other valuable consideration for arranging or providing that transportation.(4) A person or organization certified under Part 5 (commencing with Section 12140) of Division 2 of the Insurance Code, except such a person or organization shall comply with the registration and fee provisions of Sections 17550.20 and 17550.21 for each location at which air or sea transportation is sold either separately or in conjunction with other travel services.(5) A motor or rail carrier or water vessel operator holding the required permit, license, or other authority to operate from a state, federal, or other governmental entity.(c)(d) Notwithstanding any other provision of law, a reference in this article or Article 2.7 (commencing with Section 17550.35) to air or sea transportation or to an air or sea carrier, includes land or water vessel transportation, as described in subdivision (a), and a motor carrier or water vessel operator.SEC. 2. Section 17550.31 is added to the Business and Professions Code, to read:17550.31. Notwithstanding any other law, if a person who purchases air travel is a victim of fraud committed by the seller of travel, the air carrier has actual knowledge of the fraud, and the person is unable to procure a refund from the seller of travel within a reasonable time, the air carrier shall refund the person. If the seller of travel is not registered pursuant to this article, the sale is voidable by the purchaser.SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.SECTION 1.Section 777 of the Penal Code is amended to read:777.Every person is liable to punishment by the laws of this State for a public offense committed by them therein, except where it is, by law, cognizable exclusively in the courts of the United States. Except as otherwise provided by law, the jurisdiction of every public offense is in any competent court within the jurisdictional territory in which it is committed. | |
| 2 | 2 | ||
| 3 | - | ||
| 3 | + | Amended IN Senate March 12, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 95Introduced by Senator UmbergJanuary 23, 2025An act to amend Section 777 of the Penal Code, relating to criminal procedure. amend Section 17550.1 of, and to add Section 17550.31 to, the Business and Professions Code, relating to business.LEGISLATIVE COUNSEL'S DIGESTSB 95, as amended, Umberg. Criminal procedure: jurisdiction. Sellers of travel: travel consolidators: fraud.Existing law regulates sellers of travel, as defined, and requires a seller of travel to annually register with the Attorney General. Existing law, unless an exception applies, requires a seller of travel to establish a trust fund to deposit money received from persons for travel services and prohibits the seller of travel from withdrawing money from the trust account except for specified purposes, including to make refunds to the passenger. Existing law exempts a seller of travel from the requirement to establish a trust account under specified circumstances, including if the seller of travel is a participant in a Consumer Protection Deposit Plan or uses a Consumer Protection Escrow Plan and meets specified requirements. Existing law imposes an obligation on a seller of travel either to provide the air or sea transportation or travel service purchased by the passenger or to make a refund within a certain period of time, except as specified. Existing law establishes the Travel Consumer Restitution Corporation to provide restitution to a person aggrieved, as defined, and provides for payment of claims from the Travel Consumer Restitution Fund established by the Travel Consumer Restitution Corporation.This bill would specify the term seller of travel includes a travel consolidator, as defined. The bill would require an air carrier to refund a person who purchased air travel from a seller of travel if the person is a victim of fraud committed by the seller of travel, the air carrier had actual knowledge of the fraud, and the person was unable to procure a refund from the seller of travel within a reasonable time. If the seller of travel is not registered, the bill would specify that the sale is voidable by the purchaser. Because a violation of the provisions regulating sellers of travel is a misdemeanor or a felony, depending on the circumstances, this bill would expand the scope of a crime and would therefore impose a state-mandated local crime.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Existing law specifies that every person is liable to punishment by the laws of this State for a public offense committed by them therein, except where the public offense is, by law, cognizable exclusively in the courts of the United States. Existing law also specifies that, except as otherwise provided by law, the jurisdiction of every public offense is in any competent court within the jurisdictional territory in which it is committed.This bill would make technical, nonsubstantive changes to those provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES | |
| 4 | 4 | ||
| 5 | - | ||
| 5 | + | Amended IN Senate March 12, 2025 | |
| 6 | 6 | ||
| 7 | - | Amended IN Senate April 10, 2025 | |
| 8 | 7 | Amended IN Senate March 12, 2025 | |
| 9 | 8 | ||
| 10 | 9 | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION | |
| 11 | 10 | ||
| 12 | 11 | Senate Bill | |
| 13 | 12 | ||
| 14 | 13 | No. 95 | |
| 15 | 14 | ||
| 16 | 15 | Introduced by Senator UmbergJanuary 23, 2025 | |
| 17 | 16 | ||
| 18 | 17 | Introduced by Senator Umberg | |
| 19 | 18 | January 23, 2025 | |
| 20 | 19 | ||
| 21 | - | An act to amend Section 17550.1 of, and to add Section 17550.31 to, the Business and Professions Code, relating to business. | |
| 20 | + | An act to amend Section 777 of the Penal Code, relating to criminal procedure. amend Section 17550.1 of, and to add Section 17550.31 to, the Business and Professions Code, relating to business. | |
| 22 | 21 | ||
| 23 | 22 | LEGISLATIVE COUNSEL'S DIGEST | |
| 24 | 23 | ||
| 25 | 24 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 26 | 25 | ||
| 27 | - | SB 95, as amended, Umberg. Sellers of travel: travel consolidators: fraud. | |
| 26 | + | SB 95, as amended, Umberg. Criminal procedure: jurisdiction. Sellers of travel: travel consolidators: fraud. | |
| 28 | 27 | ||
| 29 | - | Existing law regulates sellers of travel, as defined, and requires a seller of travel to annually register with the Attorney General. Existing law, unless an exception applies, requires a seller of travel to establish a trust fund to deposit money received from persons for travel services and prohibits the seller of travel from withdrawing money from the trust account except for specified purposes, including to make refunds to the passenger. Existing law exempts a seller of travel from the requirement to establish a trust account under specified circumstances, including if the seller of travel is a participant in a Consumer Protection Deposit Plan or uses a Consumer Protection Escrow Plan and meets specified requirements. Existing law imposes an obligation on a seller of travel either to provide the air or sea transportation or travel service purchased by the passenger or to make a refund within a certain period of time, except as specified. Existing law establishes the Travel Consumer Restitution Corporation to provide restitution to a person aggrieved, as defined, and provides for payment of claims from the Travel Consumer Restitution Fund established by the Travel Consumer Restitution Corporation.This bill would specify the term seller of travel includes a travel consolidator, as defined. The bill would require an air carrier to refund a person who purchased air travel | |
| 28 | + | Existing law regulates sellers of travel, as defined, and requires a seller of travel to annually register with the Attorney General. Existing law, unless an exception applies, requires a seller of travel to establish a trust fund to deposit money received from persons for travel services and prohibits the seller of travel from withdrawing money from the trust account except for specified purposes, including to make refunds to the passenger. Existing law exempts a seller of travel from the requirement to establish a trust account under specified circumstances, including if the seller of travel is a participant in a Consumer Protection Deposit Plan or uses a Consumer Protection Escrow Plan and meets specified requirements. Existing law imposes an obligation on a seller of travel either to provide the air or sea transportation or travel service purchased by the passenger or to make a refund within a certain period of time, except as specified. Existing law establishes the Travel Consumer Restitution Corporation to provide restitution to a person aggrieved, as defined, and provides for payment of claims from the Travel Consumer Restitution Fund established by the Travel Consumer Restitution Corporation.This bill would specify the term seller of travel includes a travel consolidator, as defined. The bill would require an air carrier to refund a person who purchased air travel from a seller of travel if the person is a victim of fraud committed by the seller of travel, the air carrier had actual knowledge of the fraud, and the person was unable to procure a refund from the seller of travel within a reasonable time. If the seller of travel is not registered, the bill would specify that the sale is voidable by the purchaser. Because a violation of the provisions regulating sellers of travel is a misdemeanor or a felony, depending on the circumstances, this bill would expand the scope of a crime and would therefore impose a state-mandated local crime.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Existing law specifies that every person is liable to punishment by the laws of this State for a public offense committed by them therein, except where the public offense is, by law, cognizable exclusively in the courts of the United States. Existing law also specifies that, except as otherwise provided by law, the jurisdiction of every public offense is in any competent court within the jurisdictional territory in which it is committed.This bill would make technical, nonsubstantive changes to those provisions. | |
| 30 | 29 | ||
| 31 | 30 | Existing law regulates sellers of travel, as defined, and requires a seller of travel to annually register with the Attorney General. Existing law, unless an exception applies, requires a seller of travel to establish a trust fund to deposit money received from persons for travel services and prohibits the seller of travel from withdrawing money from the trust account except for specified purposes, including to make refunds to the passenger. Existing law exempts a seller of travel from the requirement to establish a trust account under specified circumstances, including if the seller of travel is a participant in a Consumer Protection Deposit Plan or uses a Consumer Protection Escrow Plan and meets specified requirements. Existing law imposes an obligation on a seller of travel either to provide the air or sea transportation or travel service purchased by the passenger or to make a refund within a certain period of time, except as specified. Existing law establishes the Travel Consumer Restitution Corporation to provide restitution to a person aggrieved, as defined, and provides for payment of claims from the Travel Consumer Restitution Fund established by the Travel Consumer Restitution Corporation. | |
| 32 | 31 | ||
| 33 | - | This bill would specify the term seller of travel includes a travel consolidator, as defined. The bill would require an air carrier to refund a person who purchased air travel | |
| 32 | + | This bill would specify the term seller of travel includes a travel consolidator, as defined. The bill would require an air carrier to refund a person who purchased air travel from a seller of travel if the person is a victim of fraud committed by the seller of travel, the air carrier had actual knowledge of the fraud, and the person was unable to procure a refund from the seller of travel within a reasonable time. If the seller of travel is not registered, the bill would specify that the sale is voidable by the purchaser. Because a violation of the provisions regulating sellers of travel is a misdemeanor or a felony, depending on the circumstances, this bill would expand the scope of a crime and would therefore impose a state-mandated local crime. | |
| 34 | 33 | ||
| 35 | 34 | The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. | |
| 36 | 35 | ||
| 37 | 36 | This bill would provide that no reimbursement is required by this act for a specified reason. | |
| 38 | 37 | ||
| 38 | + | Existing law specifies that every person is liable to punishment by the laws of this State for a public offense committed by them therein, except where the public offense is, by law, cognizable exclusively in the courts of the United States. Existing law also specifies that, except as otherwise provided by law, the jurisdiction of every public offense is in any competent court within the jurisdictional territory in which it is committed. | |
| 39 | + | ||
| 40 | + | ||
| 41 | + | ||
| 42 | + | This bill would make technical, nonsubstantive changes to those provisions. | |
| 43 | + | ||
| 44 | + | ||
| 45 | + | ||
| 39 | 46 | ## Digest Key | |
| 40 | 47 | ||
| 41 | 48 | ## Bill Text | |
| 42 | 49 | ||
| 43 | - | The people of the State of California do enact as follows:SECTION 1. Section 17550.1 of the Business and Professions Code is amended to read:17550.1. (a) Seller of travel means a person who sells, provides, furnishes, contracts for, arranges, or advertises that they can or may arrange, or has arranged, wholesale or retail, either of the following:(1) Air or sea transportation either separately or in conjunction with other travel services.(2) Land or water vessel transportation, other than sea carriage, either separately or in conjunction with other travel services if the total charge to the passenger exceeds three hundred dollars ($300).(b) Seller of travel includes a travel consolidator. Travel consolidator means an entity that purchases airline tickets in bulk from an airline and resells the tickets to travel agencies or directly to consumers | |
| 50 | + | The people of the State of California do enact as follows:SECTION 1. Section 17550.1 of the Business and Professions Code is amended to read:17550.1. (a) Seller of travel means a person who sells, provides, furnishes, contracts for, arranges, or advertises that he or she they can or may arrange, or has arranged, wholesale or retail, either of the following:(1) Air or sea transportation either separately or in conjunction with other travel services.(2) Land or water vessel transportation, other than sea carriage, either separately or in conjunction with other travel services if the total charge to the passenger exceeds three hundred dollars ($300).(b) Seller of travel includes a travel consolidator. Travel consolidator means an entity that purchases airline tickets in bulk from an airline and resells the tickets to travel agencies or directly to consumers at a discount. (b)(c) Seller of travel does not include any of the following:(1) An air carrier.(2) An ocean carrier.(3) A hotel, motel, or similar lodging establishment where in the course of selling, providing, furnishing, contracting for, or arranging transient lodging accommodations and related services for its registered guests, it also arranges for transportation and does not directly or indirectly receive any money or other valuable consideration for arranging or providing that transportation.(4) A person or organization certified under Part 5 (commencing with Section 12140) of Division 2 of the Insurance Code, except such a person or organization shall comply with the registration and fee provisions of Sections 17550.20 and 17550.21 for each location at which air or sea transportation is sold either separately or in conjunction with other travel services.(5) A motor or rail carrier or water vessel operator holding the required permit, license, or other authority to operate from a state, federal, or other governmental entity.(c)(d) Notwithstanding any other provision of law, a reference in this article or Article 2.7 (commencing with Section 17550.35) to air or sea transportation or to an air or sea carrier, includes land or water vessel transportation, as described in subdivision (a), and a motor carrier or water vessel operator.SEC. 2. Section 17550.31 is added to the Business and Professions Code, to read:17550.31. Notwithstanding any other law, if a person who purchases air travel is a victim of fraud committed by the seller of travel, the air carrier has actual knowledge of the fraud, and the person is unable to procure a refund from the seller of travel within a reasonable time, the air carrier shall refund the person. If the seller of travel is not registered pursuant to this article, the sale is voidable by the purchaser.SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.SECTION 1.Section 777 of the Penal Code is amended to read:777.Every person is liable to punishment by the laws of this State for a public offense committed by them therein, except where it is, by law, cognizable exclusively in the courts of the United States. Except as otherwise provided by law, the jurisdiction of every public offense is in any competent court within the jurisdictional territory in which it is committed. | |
| 44 | 51 | ||
| 45 | 52 | The people of the State of California do enact as follows: | |
| 46 | 53 | ||
| 47 | 54 | ## The people of the State of California do enact as follows: | |
| 48 | 55 | ||
| 49 | - | SECTION 1. Section 17550.1 of the Business and Professions Code is amended to read:17550.1. (a) Seller of travel means a person who sells, provides, furnishes, contracts for, arranges, or advertises that they can or may arrange, or has arranged, wholesale or retail, either of the following:(1) Air or sea transportation either separately or in conjunction with other travel services.(2) Land or water vessel transportation, other than sea carriage, either separately or in conjunction with other travel services if the total charge to the passenger exceeds three hundred dollars ($300).(b) Seller of travel includes a travel consolidator. Travel consolidator means an entity that purchases airline tickets in bulk from an airline and resells the tickets to travel agencies or directly to consumers | |
| 56 | + | SECTION 1. Section 17550.1 of the Business and Professions Code is amended to read:17550.1. (a) Seller of travel means a person who sells, provides, furnishes, contracts for, arranges, or advertises that he or she they can or may arrange, or has arranged, wholesale or retail, either of the following:(1) Air or sea transportation either separately or in conjunction with other travel services.(2) Land or water vessel transportation, other than sea carriage, either separately or in conjunction with other travel services if the total charge to the passenger exceeds three hundred dollars ($300).(b) Seller of travel includes a travel consolidator. Travel consolidator means an entity that purchases airline tickets in bulk from an airline and resells the tickets to travel agencies or directly to consumers at a discount. (b)(c) Seller of travel does not include any of the following:(1) An air carrier.(2) An ocean carrier.(3) A hotel, motel, or similar lodging establishment where in the course of selling, providing, furnishing, contracting for, or arranging transient lodging accommodations and related services for its registered guests, it also arranges for transportation and does not directly or indirectly receive any money or other valuable consideration for arranging or providing that transportation.(4) A person or organization certified under Part 5 (commencing with Section 12140) of Division 2 of the Insurance Code, except such a person or organization shall comply with the registration and fee provisions of Sections 17550.20 and 17550.21 for each location at which air or sea transportation is sold either separately or in conjunction with other travel services.(5) A motor or rail carrier or water vessel operator holding the required permit, license, or other authority to operate from a state, federal, or other governmental entity.(c)(d) Notwithstanding any other provision of law, a reference in this article or Article 2.7 (commencing with Section 17550.35) to air or sea transportation or to an air or sea carrier, includes land or water vessel transportation, as described in subdivision (a), and a motor carrier or water vessel operator. | |
| 50 | 57 | ||
| 51 | 58 | SECTION 1. Section 17550.1 of the Business and Professions Code is amended to read: | |
| 52 | 59 | ||
| 53 | 60 | ### SECTION 1. | |
| 54 | 61 | ||
| 55 | - | 17550.1. (a) Seller of travel means a person who sells, provides, furnishes, contracts for, arranges, or advertises that they can or may arrange, or has arranged, wholesale or retail, either of the following:(1) Air or sea transportation either separately or in conjunction with other travel services.(2) Land or water vessel transportation, other than sea carriage, either separately or in conjunction with other travel services if the total charge to the passenger exceeds three hundred dollars ($300).(b) Seller of travel includes a travel consolidator. Travel consolidator means an entity that purchases airline tickets in bulk from an airline and resells the tickets to travel agencies or directly to consumers | |
| 62 | + | 17550.1. (a) Seller of travel means a person who sells, provides, furnishes, contracts for, arranges, or advertises that he or she they can or may arrange, or has arranged, wholesale or retail, either of the following:(1) Air or sea transportation either separately or in conjunction with other travel services.(2) Land or water vessel transportation, other than sea carriage, either separately or in conjunction with other travel services if the total charge to the passenger exceeds three hundred dollars ($300).(b) Seller of travel includes a travel consolidator. Travel consolidator means an entity that purchases airline tickets in bulk from an airline and resells the tickets to travel agencies or directly to consumers at a discount. (b)(c) Seller of travel does not include any of the following:(1) An air carrier.(2) An ocean carrier.(3) A hotel, motel, or similar lodging establishment where in the course of selling, providing, furnishing, contracting for, or arranging transient lodging accommodations and related services for its registered guests, it also arranges for transportation and does not directly or indirectly receive any money or other valuable consideration for arranging or providing that transportation.(4) A person or organization certified under Part 5 (commencing with Section 12140) of Division 2 of the Insurance Code, except such a person or organization shall comply with the registration and fee provisions of Sections 17550.20 and 17550.21 for each location at which air or sea transportation is sold either separately or in conjunction with other travel services.(5) A motor or rail carrier or water vessel operator holding the required permit, license, or other authority to operate from a state, federal, or other governmental entity.(c)(d) Notwithstanding any other provision of law, a reference in this article or Article 2.7 (commencing with Section 17550.35) to air or sea transportation or to an air or sea carrier, includes land or water vessel transportation, as described in subdivision (a), and a motor carrier or water vessel operator. | |
| 56 | 63 | ||
| 57 | - | 17550.1. (a) Seller of travel means a person who sells, provides, furnishes, contracts for, arranges, or advertises that they can or may arrange, or has arranged, wholesale or retail, either of the following:(1) Air or sea transportation either separately or in conjunction with other travel services.(2) Land or water vessel transportation, other than sea carriage, either separately or in conjunction with other travel services if the total charge to the passenger exceeds three hundred dollars ($300).(b) Seller of travel includes a travel consolidator. Travel consolidator means an entity that purchases airline tickets in bulk from an airline and resells the tickets to travel agencies or directly to consumers | |
| 64 | + | 17550.1. (a) Seller of travel means a person who sells, provides, furnishes, contracts for, arranges, or advertises that he or she they can or may arrange, or has arranged, wholesale or retail, either of the following:(1) Air or sea transportation either separately or in conjunction with other travel services.(2) Land or water vessel transportation, other than sea carriage, either separately or in conjunction with other travel services if the total charge to the passenger exceeds three hundred dollars ($300).(b) Seller of travel includes a travel consolidator. Travel consolidator means an entity that purchases airline tickets in bulk from an airline and resells the tickets to travel agencies or directly to consumers at a discount. (b)(c) Seller of travel does not include any of the following:(1) An air carrier.(2) An ocean carrier.(3) A hotel, motel, or similar lodging establishment where in the course of selling, providing, furnishing, contracting for, or arranging transient lodging accommodations and related services for its registered guests, it also arranges for transportation and does not directly or indirectly receive any money or other valuable consideration for arranging or providing that transportation.(4) A person or organization certified under Part 5 (commencing with Section 12140) of Division 2 of the Insurance Code, except such a person or organization shall comply with the registration and fee provisions of Sections 17550.20 and 17550.21 for each location at which air or sea transportation is sold either separately or in conjunction with other travel services.(5) A motor or rail carrier or water vessel operator holding the required permit, license, or other authority to operate from a state, federal, or other governmental entity.(c)(d) Notwithstanding any other provision of law, a reference in this article or Article 2.7 (commencing with Section 17550.35) to air or sea transportation or to an air or sea carrier, includes land or water vessel transportation, as described in subdivision (a), and a motor carrier or water vessel operator. | |
| 58 | 65 | ||
| 59 | - | 17550.1. (a) Seller of travel means a person who sells, provides, furnishes, contracts for, arranges, or advertises that they can or may arrange, or has arranged, wholesale or retail, either of the following:(1) Air or sea transportation either separately or in conjunction with other travel services.(2) Land or water vessel transportation, other than sea carriage, either separately or in conjunction with other travel services if the total charge to the passenger exceeds three hundred dollars ($300).(b) Seller of travel includes a travel consolidator. Travel consolidator means an entity that purchases airline tickets in bulk from an airline and resells the tickets to travel agencies or directly to consumers | |
| 66 | + | 17550.1. (a) Seller of travel means a person who sells, provides, furnishes, contracts for, arranges, or advertises that he or she they can or may arrange, or has arranged, wholesale or retail, either of the following:(1) Air or sea transportation either separately or in conjunction with other travel services.(2) Land or water vessel transportation, other than sea carriage, either separately or in conjunction with other travel services if the total charge to the passenger exceeds three hundred dollars ($300).(b) Seller of travel includes a travel consolidator. Travel consolidator means an entity that purchases airline tickets in bulk from an airline and resells the tickets to travel agencies or directly to consumers at a discount. (b)(c) Seller of travel does not include any of the following:(1) An air carrier.(2) An ocean carrier.(3) A hotel, motel, or similar lodging establishment where in the course of selling, providing, furnishing, contracting for, or arranging transient lodging accommodations and related services for its registered guests, it also arranges for transportation and does not directly or indirectly receive any money or other valuable consideration for arranging or providing that transportation.(4) A person or organization certified under Part 5 (commencing with Section 12140) of Division 2 of the Insurance Code, except such a person or organization shall comply with the registration and fee provisions of Sections 17550.20 and 17550.21 for each location at which air or sea transportation is sold either separately or in conjunction with other travel services.(5) A motor or rail carrier or water vessel operator holding the required permit, license, or other authority to operate from a state, federal, or other governmental entity.(c)(d) Notwithstanding any other provision of law, a reference in this article or Article 2.7 (commencing with Section 17550.35) to air or sea transportation or to an air or sea carrier, includes land or water vessel transportation, as described in subdivision (a), and a motor carrier or water vessel operator. | |
| 60 | 67 | ||
| 61 | 68 | ||
| 62 | 69 | ||
| 63 | - | 17550.1. (a) Seller of travel means a person who sells, provides, furnishes, contracts for, arranges, or advertises that they can or may arrange, or has arranged, wholesale or retail, either of the following: | |
| 70 | + | 17550.1. (a) Seller of travel means a person who sells, provides, furnishes, contracts for, arranges, or advertises that he or she they can or may arrange, or has arranged, wholesale or retail, either of the following: | |
| 64 | 71 | ||
| 65 | 72 | (1) Air or sea transportation either separately or in conjunction with other travel services. | |
| 66 | 73 | ||
| 67 | 74 | (2) Land or water vessel transportation, other than sea carriage, either separately or in conjunction with other travel services if the total charge to the passenger exceeds three hundred dollars ($300). | |
| 68 | 75 | ||
| 69 | - | (b) Seller of travel includes a travel consolidator. Travel consolidator means an entity that purchases airline tickets in bulk from an airline and resells the tickets to travel agencies or directly to consumers tickets or vouchers for air transportation from an air carrier and resells the tickets or vouchers to travel agencies or directly to passengers at a discount. | |
| 76 | + | (b) Seller of travel includes a travel consolidator. Travel consolidator means an entity that purchases airline tickets in bulk from an airline and resells the tickets to travel agencies or directly to consumers at a discount. | |
| 77 | + | ||
| 78 | + | (b) | |
| 79 | + | ||
| 80 | + | ||
| 70 | 81 | ||
| 71 | 82 | (c) Seller of travel does not include any of the following: | |
| 72 | 83 | ||
| 73 | 84 | (1) An air carrier. | |
| 74 | 85 | ||
| 75 | 86 | (2) An ocean carrier. | |
| 76 | 87 | ||
| 77 | 88 | (3) A hotel, motel, or similar lodging establishment where in the course of selling, providing, furnishing, contracting for, or arranging transient lodging accommodations and related services for its registered guests, it also arranges for transportation and does not directly or indirectly receive any money or other valuable consideration for arranging or providing that transportation. | |
| 78 | 89 | ||
| 79 | 90 | (4) A person or organization certified under Part 5 (commencing with Section 12140) of Division 2 of the Insurance Code, except such a person or organization shall comply with the registration and fee provisions of Sections 17550.20 and 17550.21 for each location at which air or sea transportation is sold either separately or in conjunction with other travel services. | |
| 80 | 91 | ||
| 81 | 92 | (5) A motor or rail carrier or water vessel operator holding the required permit, license, or other authority to operate from a state, federal, or other governmental entity. | |
| 82 | 93 | ||
| 94 | + | (c) | |
| 95 | + | ||
| 96 | + | ||
| 97 | + | ||
| 83 | 98 | (d) Notwithstanding any other provision of law, a reference in this article or Article 2.7 (commencing with Section 17550.35) to air or sea transportation or to an air or sea carrier, includes land or water vessel transportation, as described in subdivision (a), and a motor carrier or water vessel operator. | |
| 84 | 99 | ||
| 85 | - | SEC. 2. Section 17550.31 is added to the Business and Professions Code, to read:17550.31. | |
| 100 | + | SEC. 2. Section 17550.31 is added to the Business and Professions Code, to read:17550.31. Notwithstanding any other law, if a person who purchases air travel is a victim of fraud committed by the seller of travel, the air carrier has actual knowledge of the fraud, and the person is unable to procure a refund from the seller of travel within a reasonable time, the air carrier shall refund the person. If the seller of travel is not registered pursuant to this article, the sale is voidable by the purchaser. | |
| 86 | 101 | ||
| 87 | 102 | SEC. 2. Section 17550.31 is added to the Business and Professions Code, to read: | |
| 88 | 103 | ||
| 89 | 104 | ### SEC. 2. | |
| 90 | 105 | ||
| 91 | - | 17550.31. | |
| 106 | + | 17550.31. Notwithstanding any other law, if a person who purchases air travel is a victim of fraud committed by the seller of travel, the air carrier has actual knowledge of the fraud, and the person is unable to procure a refund from the seller of travel within a reasonable time, the air carrier shall refund the person. If the seller of travel is not registered pursuant to this article, the sale is voidable by the purchaser. | |
| 92 | 107 | ||
| 93 | - | 17550.31. | |
| 108 | + | 17550.31. Notwithstanding any other law, if a person who purchases air travel is a victim of fraud committed by the seller of travel, the air carrier has actual knowledge of the fraud, and the person is unable to procure a refund from the seller of travel within a reasonable time, the air carrier shall refund the person. If the seller of travel is not registered pursuant to this article, the sale is voidable by the purchaser. | |
| 94 | 109 | ||
| 95 | - | 17550.31. | |
| 110 | + | 17550.31. Notwithstanding any other law, if a person who purchases air travel is a victim of fraud committed by the seller of travel, the air carrier has actual knowledge of the fraud, and the person is unable to procure a refund from the seller of travel within a reasonable time, the air carrier shall refund the person. If the seller of travel is not registered pursuant to this article, the sale is voidable by the purchaser. | |
| 96 | 111 | ||
| 97 | 112 | ||
| 98 | 113 | ||
| 99 | - | 17550.31. (a) Notwithstanding any other law, if a person who purchases air travel a ticket or voucher for air transportation is a victim of fraud committed by the seller of travel, the air carrier has actual knowledge of the fraud, seller of travels fraudulent business practice, and the person is unable to procure a refund from the seller of travel within a reasonable time, the air carrier shall refund the person. If the seller of travel is not registered pursuant to this article, the sale is voidable by the purchaser. | |
| 100 | - | ||
| 101 | - | (b) For purposes of this section: | |
| 102 | - | ||
| 103 | - | (1) Fraud means an act of deceit under Section 1710 of the Civil Code or an act proscribed under Section 1770 of the Civil Code. | |
| 104 | - | ||
| 105 | - | (2) Actual knowledge of the seller of travels fraudulent business practice means actual knowledge that the seller of travel is engaged in a course of conduct that violates Section 1710 or 1770 of the Civil Code. | |
| 106 | - | ||
| 107 | - | (c) If the plaintiff prevails in an action to enforce their rights under this section, the court shall award the plaintiff reasonable attorneys fees and costs. | |
| 114 | + | 17550.31. Notwithstanding any other law, if a person who purchases air travel is a victim of fraud committed by the seller of travel, the air carrier has actual knowledge of the fraud, and the person is unable to procure a refund from the seller of travel within a reasonable time, the air carrier shall refund the person. If the seller of travel is not registered pursuant to this article, the sale is voidable by the purchaser. | |
| 108 | 115 | ||
| 109 | 116 | SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. | |
| 110 | 117 | ||
| 111 | 118 | SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. | |
| 112 | 119 | ||
| 113 | 120 | SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. | |
| 114 | 121 | ||
| 115 | 122 | ### SEC. 3. | |
| 123 | + | ||
| 124 | + | ||
| 125 | + | ||
| 126 | + | ||
| 127 | + | ||
| 128 | + | Every person is liable to punishment by the laws of this State for a public offense committed by them therein, except where it is, by law, cognizable exclusively in the courts of the United States. Except as otherwise provided by law, the jurisdiction of every public offense is in any competent court within the jurisdictional territory in which it is committed. |