WASHINGTON -- California's Senate unanimously approved a bill (SB
736) -- by a vote of 37-0 -- that would make the state's travel
sellers' law permanent.
The law, which provides certain protections to consumers who
purchase sea or air transportation either singly or in conjunction
with other travel services, was to expire January 1, 2006. The
House has yet to act on its version of the bill.
The Senate bill also expands the definition of consumers
protected by the law beyond "passengers" to include persons making
payment on the behalf of, for instance, children.
Additionally, the bill changes from six months to a year the
time in which consumers may file claims for reimbursement of losses
from the Travel Consumer Restitution Corporation (TCRC)and the
Travel Consumer Restitution Fund.
Additionally, the bill:
• Revises the definition of "air carrier" to include carriers
operating in foreign countries;
• Requires an independent contractor not registered as a seller
of travel to disclose that fact to consumers;
• Requires the California attorney general to provide a seller
of travel with written notice if the sellers registration with the
state is suspended due to, for instance, nonpayment of registration
fees;
• Revises the procedure for the legal review of a TCRC claim to
use a "substantial evidence" rather than "preponderance of the
evidence" standard.