November 28, 2007, Introduced by Rep. David Law and referred to the Committee on Transportation.
A bill to create a bill of rights for airline passengers; to
require certain duties of airline carriers; to create an airline
consumers advocate; to provide powers and duties of certain state
officer and agencies; to create a civil infraction; and to provide
for enforcement and remedies.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the
"airline passenger bill of rights act".
Sec. 3. As used in this act:
(a) "Aircraft" means a contrivance for navigation and flight
in the air that accommodates passengers.
(b) "Airline consumer advocate" means the office of airline
consumer advocate created in section 9.
(c) "Airport" means a landing area used by aircraft for
receiving or discharging passengers that is equipped with a control
tower, hangar, aircraft maintenance and refueling facilities, and
accommodations for passengers and cargo.
(d) "Carrier" means a partnership, corporation, or other
business entity regulated by the federal aviation administration
that conducts scheduled passenger air transportation.
Sec. 5. (1) A carrier shall provide all of the following, as
needed, to passengers who have boarded an aircraft and are delayed
more than 3 hours on the aircraft before takeoff:
(a) Electric generation service to provide temporary power for
fresh air and lights.
(b) Waste removal service for the holding tanks of on-board
restrooms.
(c) Adequate food and drinking water and refreshments.
(2) A carrier shall allow a passenger who is on board an
aircraft that is delayed more than 3 hours before takeoff to exit
the aircraft without forfeiting the benefits of the airfare or
ticket. The carrier shall accommodate a passenger who exercises
this right to exit on the next similar route.
(3) A carrier shall transport a passenger's checked baggage so
that it arrives at the passenger's final destination and is
available for the passenger to pick up no later than 1 hour after
the passenger's flight arrives.
Sec. 7. (1) A carrier shall provide clear and conspicuous
notice of consumer complaint contact information through signs or
forms posted at all the carrier's service desks and other places
that the airline consumer advocate prescribes.
(2) The airline consumer advocate shall prescribe the
information that shall be included in the notice, which shall
include, at a minimum, all of the following:
(a) A telephone number and mailing address of the office of
the airline consumer advocate, the aviation consumer protection
division, and the office of aviation enforcement of the United
States department of transportation.
(b) Explanations of the rights of airline passengers.
(c) Basic information concerning the office of airline
consumer advocate.
Sec. 9. (1) The office of airline consumer advocate is created
in the department of transportation with all of the following
powers and duties:
(a) To assist customers in resolving problems with airline
carriers.
(b) To identify areas in which customers have problems in
dealings with carriers.
(c) To propose solutions, including administrative changes to
practices and procedures of the carrier or airport.
(d) To preserve and promote the rights of airline customers.
(e) To promote open and direct communications.
(f) To initiate, investigate, attempt to resolve, and if
necessary, refer to the attorney general any matters or complaints
received under this act.
(g) To subpoena documents and records necessary to an
investigation.
(2) A complaint regarding a violation of section 5 shall be
filed with the airline consumer advocate. In conducting an
investigation of a complaint, the airline consumer advocate may
request the production of relevant documents and records. Trade
secrets and proprietary business information contained in the
documents or records received by the airline consumer advocate in
the course of an investigation are confidential and exempt from
disclosure under the freedom of information act, 1976 PA 442, MCL
15.231 to 15.246.
(3) If the investigation indicates that no violation occurred,
the airline consumer advocate shall dismiss the complaint. If the
investigation indicates that a violation likely occurred, the
airline consumer shall attempt to resolve the matter by settlement,
which may include, among other remedies or compensation, the
reasonable costs and expenses of the airline consumer advocate's
investigation. If the airline consumer advocate is unable to
resolve the complaint by a settlement, the complaint shall be
referred to the attorney general for further proceedings.
Sec. 11. (1) A carrier that violates section 5(1) or (2) is
responsible for a state civil infraction and may be ordered to pay
a civil fine of not more than $1,000.00 for each passenger
affected.
(2) For a violation of section 5(3), in addition to any
sanction in federal law, the carrier is responsible to the
passenger for $100.00 for each piece of luggage that is the subject
of the violation.
(3) The attorney general shall enforce this act upon referral
of a complaint from the airline consumer advocate. If the attorney
general prevails in a civil action to enforce the act, the court
may award the attorney general reasonable attorney fees and
reasonable costs and expenses of the airline consumer advocate
investigation.
Sec. 13. The airline consumer advocate shall file with the
secretary of the senate, the clerk of the house of representatives,
and the Michigan aeronautics commission created under section 26 of
the aeronautics code of the state of Michigan, 1945 PA 327, MCL
259.26, an annual summary report of its activities that contains
all of the following:
(a) The initiatives that the airline consumer advocate has
taken to improve airline services.
(b) A summary of the most serious problems encountered by
customers, including a description of the nature of those problems.
(c) An inventory of actions taken and the status and results
for the initiatives and problems identified in subdivisions (a) and
(b); or an explanation, if no action was taken.
(d) Recommendations for legislative or administrative action,
as appropriate, to resolve problems customers encounter.
(e) Other information the airline consumer advocate considers
appropriate.
Sec. 15. Nothing in this act requires a carrier, airport, or
other entity to take any action in contravention of a written
directive of the federal aviation administration or other federal
agency having jurisdiction over the entity.