BILL REQ. #:  S-0625.1 

Read first time 02/03/2005.   Referred to Committee on Labor, Commerce, Research & Development.

     AN ACT Relating to publishing advertisements for sellers of travel; and amending RCW 19.138.100.

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

Sec. 1   RCW 19.138.100 and 2001 c 44 s 4 are each amended to read as follows:
     No person, firm, or corporation may act or hold itself out as a seller of travel unless, prior to engaging in the business of selling or advertising to sell travel services or travel-related benefits, the person, firm, or corporation registers with the director under this chapter and rules adopted under this chapter.
     (1) The registration number must be conspicuously posted in the place of business and must be included in all advertisements. Sellers of travel are not required to include registration numbers on institutional advertising. For the purposes of this subsection, "institutional advertising" is advertising that does not include prices or dates for travel services.
     (2) No person or entity may publish, in this state, any advertisement which offers travel services or travel-related benefits unless the person submitting the advertisement for publication is registered under this chapter.
     (3) Any publisher who publishes, in good faith and without knowledge that the person submitting the advertisement is not registered under this chapter, an advertisement which offers travel services or travel-related benefits is not liable for any damages as a result of the advertisement's publication.
     For purposes of this section, "publisher" means any person or entity that prints or distributes any newspaper, magazine, billboard, or other advertising medium.
     (4) The director shall issue duplicate registrations upon payment of a duplicate registration fee to valid registration holders operating more than one office. The duplicate registration fee for each office shall be an amount equal to the original registration fee.
     (((3))) (5) No registration is assignable or transferable.
     (((4))) (6) If a registered seller of travel sells his or her business, when the new owner becomes responsible for the business, the new owner must comply with all provisions of this chapter, including registration.
     (((5))) (7) If a seller of travel is employed by or under contract as an independent contractor or an outside agent of a seller of travel who is registered under this chapter, the employee, independent contractor, or outside agent need not also be registered if:
     (a) The employee, independent contractor, or outside agent is conducting business as a seller of travel in the name of and under the registration of the registered seller of travel; and
     (b) All money received for travel services by the employee, independent contractor, or outside agent is collected in the name of the registered seller of travel and processed by the registered seller of travel as required under this chapter.