CSHB 217(JUD): "An Act relating to required onboard disclosures about promotions, tours, flightseeing operations, other shoreside activities, shoreside vendors, and visitors bureaus; and providing for an effective date."
00 CS FOR HOUSE BILL NO. 217(JUD) 01 "An Act relating to required onboard disclosures about promotions, tours, flightseeing 02 operations, other shoreside activities, shoreside vendors, and visitors bureaus; and 03 providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 45.50.474(a) is amended to read: 06 (a) A person may not conduct a promotion on board a cruise ship that 07 mentions or features a business in a state port that has paid something of value for the 08 purpose of having the business mentioned, featured, or otherwise promoted, unless the 09 person conducting the promotion clearly and fully discloses [ORALLY AND] in all 10 written materials used in the promotion that the featured businesses have paid to be 11 included in the promotion. If the value paid by the business is more than 10 12 percent of any single sale, the disclosure must also state that more than a 10 13 percent commission is being retained by the person making the promotion and 14 that other alternatives may be available at a port of call; and the disclosure must
01 provide the address, Internet website address, and telephone number of any 02 existing visitors bureaus at each future port of call [ALL SUCH WRITTEN 03 NOTICE OF DISCLOSURE SHALL BE IN A TYPE NOT LESS THAN 14-POINT 04 TYPEFACE AND IN A CONTRASTING COLOR CALCULATED TO DRAW 05 ATTENTION TO THE DISCLOSURE]. 06 * Sec. 2. AS 45.50.474(b) is amended to read: 07 (b) A person or other entity aboard a cruise ship conducting or making a sale 08 of tours, flightseeing operations, or other shoreside activities to be delivered by a 09 vendor or other entity at a future port of call shall disclose, [BOTH ORALLY AND] 10 in writing at the point of sale, 11 (1) that the onboard sale is a retail-wholesale relationship between 12 the cruise ship and the shoreside vendor that results in a percentage of the sale 13 being retained by the cruise ship; 14 (2) that other alternatives at different prices and with different 15 features may be available at a port of call; 16 (3) the address, Internet website address, and telephone number of 17 the existing visitors bureaus at each future port of call; and 18 (4) if the amount of commission or percentage of the total sale retained 19 or returned to the person or entity making or attempting to make the sale exceeds 20 20 percent of the total cost of the [. THE PERSON OR ENTITY ABOARD A CRUISE 21 SHIP MAKING OR ATTEMPTING TO MAKE A SALE OF] services or goods 22 provided by a shoreside vendor, that more than 20 percent of the total sale price is 23 being retained as a commission by the person or entity making the sale [SHALL 24 DISCLOSE THE ADDRESS AND TELEPHONE NUMBER OF THE SHORESIDE 25 VENDOR IF ASKED BY A CONSUMER. ALL SUCH WRITTEN NOTICE OF 26 DISCLOSURE SHALL BE IN A TYPE NOT LESS THAN 14-POINT TYPEFACE 27 AND IN A CONTRASTING COLOR CALCULATED TO DRAW ATTENTION TO 28 THE DISCLOSURE]. 29 * Sec. 3. AS 45.50.474(c) is amended to read: 30 (c) Each violation of this section constitutes an unfair trade practice under 31 AS 45.50.471 [, AND SHALL RESULT IN A PENALTY OF NOT MORE THAN
01 $100 FOR EACH VIOLATION]. 02 * Sec. 4. AS 45.50.474 is amended by adding a new subsection to read: 03 (e) A written notice of disclosure under (a) or (b) of this section must be in a 04 type that is not less than 14-point typeface and in a contrasting color calculated to 05 draw attention to the disclosure. 06 * Sec. 5. This Act takes effect immediately under AS 01.10.070(c).