BILL ANALYSIS Ó AB 1107 Page 1 Date of Hearing: May 6, 2015 ASSEMBLY COMMITTEE ON APPROPRIATIONS Jimmy Gomez, Chair AB 1107 (Irwin) - As Amended April 8, 2015 ----------------------------------------------------------------- |Policy |Business and Professions |Vote:|14 - 0 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- Urgency: No State Mandated Local Program: NoReimbursable: No SUMMARY: This bill authorizes electronic billing of a seller of travel (SOT) by the Travel Consumer Restitution Corporation; requires that the SOT retain business records for at least three years for auditing purposes; and, provides for cost recovery for the AB 1107 Page 2 Attorney General's office when a violation is found during an audit of business records. FISCAL EFFECT: Negligible fiscal impact to the California Department of Justice. COMMENTS: 1)Purpose. According to the author, "AB 1107 is intended to update California's unique and effective Seller of Travel (SOT) law in order to enhance the consumer protections and the efficiency of the law, by authorizing electronic billing by the Travel Consumer Restitution Corporation (TCRC) of sellers of travel to support the travel restitution fund, requiring that SOTs retain at least 3 years of business records for auditing purposes, and allowing the Attorney General's office to recover its costs from an audit when a violation has been determined." 2)Background. In 1995, the State of California enacted the SOT Law designed to protect consumers from unscrupulous travel providers. Several other states, including Florida, Hawaii, Iowa, Nevada, and Washington, have their own versions of SOT laws that require registration and trust funds provisions similar to California. The SOT law requires a seller of travel to register with the AG's office and mandates that passenger funds be maintained in a trust account. As part of the SOT law, the Travel Consumer Restitution Fund was established to provide an expeditious route for aggrieved passengers to recover for loss when a seller of travel fails to deliver the travel documents, becomes insolvent, or refuses to refund a client. AB 1107 Page 3 Analysis Prepared by:Jennifer Swenson / APPR. / (916) 319-2081