BP BHEAD INT H

AN ACT Relating to the registration of travel agents; and adding a new chapter to Title 18 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. The legislature finds it necessary to regulate travel agents to protect the public health, safety, and welfare. The public has a right to expect professionalism and stability in the travel industry. The purpose of this chapter is to help ensure that important information is made available to the public and that the integrity of the travel industry is preserved.

NEW SECTION. Sec. 2. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Department" means the department of licensing.

(2) "Director" means the director of licensing.

(3) "Person" means any individual, partnership, unincorporated association or society, or corporation of any character whatsoever.

(4) "Travel agency" means a person who represents directly or indirectly that the person is offering or undertaking by any means or method, to provide travel services for a fee, commission, or other valuable consideration, direct or indirect.

(5) "Travel agent" means a travel agency or a person employed by a travel agency whose principal duties include consulting with and advising persons concerning travel arrangements or accommodations.

(6) "Travel services" means arranging or booking vacation or travel packages, travel reservations or accommodations, tickets for domestic or foreign travel by air, rail, ship, bus, or other medium of transportation, or hotel or other lodging accommodations. Travel services include travel related prizes or awards for which the customer must pay a fee.

NEW SECTION. Sec. 3. It is a violation of this chapter for a person to practice or represent himself or herself as a travel agent without a certificate of registration as a travel agent.

NEW SECTION. Sec. 4. In addition to any other authority provided by law, the director may:

(1) Adopt rules in accordance with chapter 34.05 RCW as necessary to implement this chapter;

(2) Establish forms and procedures as necessary to administer this chapter;

(3) Register applicants and assign each registrant a registration number;

(4) Hire clerical, administrative, and investigative staff as needed to implement and administer this chapter;

(5) Maintain the official departmental record of all applicants and registrants; and

(6) Set all registration, renewal, and late renewal fees in accordance with RCW 43.24.086.

NEW SECTION. Sec. 5. (1) A travel agent shall file with the department a disclosure statement which contains all of the following:

(a) The business name and address of each travel agency represented by the travel agent;

(b) A record of all felony convictions relating to the travel business or consumer fraud; and

(2) A travel agent shall file an updated disclosure statement with the department within thirty days of a change in the information required under subsection (1) of this section.

(3) The department shall make disclosure statements available to the public for inspection and copying.

NEW SECTION. Sec. 6. All advertising of travel agent services in any medium shall include the travel agent's registration number in the form prescribed by department rule.

NEW SECTION. Sec. 7. The regulation of travel agents is a matter affecting the public interest for the purpose of applying chapter 19.86 RCW. Activities of travel agents prohibited under this chapter are not reasonable in relation to the development and preservation of business. A violation of any requirement of this chapter or any rule adopted by the department pursuant to the authority granted by this chapter constitutes an unfair or deceptive act or practice in trade or commerce for the purpose of applying chapter 19.86 RCW.

NEW SECTION. Sec. 8. Sections 1 through 7 of this act shall constitute a new chapter in Title 18 RCW.