Bill Text: IN SB0390 | 2010 | Regular Session | Introduced
Bill Title: Airline consumer advocate.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-01-12 - First reading: referred to Committee on Commerce and Public Policy & Interstate Cooperation [SB0390 Detail]
Download: Indiana-2010-SB0390-Introduced.html
Citations Affected: IC 4-6-14; IC 24-10.
Effective: Upon passage.
January 12, 2010, read first time and referred to Committee on Commerce, Public Policy
& Interstate Cooperation.
Digest Continued
of consumers' rights by posting signs at certain specified areas in each
airport in Indiana. Allows a consumer to submit a complaint to the
office alleging that an air carrier has committed specified violations or
acts.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning trade
regulation and to make an appropriation.
Chapter 14. Office of the Airline Consumer Advocate
Sec. 1. The definitions in IC 24-10-1 apply throughout this chapter.
Sec. 2. As used in this chapter, "account" refers to the airline consumer advocate account established by section 9 of this chapter.
Sec. 3. (a) The attorney general shall establish the office of the airline consumer advocate to enforce IC 24-10 and to carry out this chapter.
(b) The attorney general shall provide to the office the assistance of such staff, which may include one (1) or more investigators, as is necessary for the office to discharge its duties under:
(1) IC 24-10; and
(2) this chapter.
Sec. 4. (a) Beginning January 1, 2011, the office shall do the following:
(1) Investigate, on its own motion or upon one (1) or more complaints received under IC 24-10-2-3:
(A) an alleged or a suspected violation by an air carrier of IC 24-10-2-1 or IC 24-10-2-2(a); or
(B) an allegation that an air carrier has:
(i) provided service that is unsafe, unjustly discriminatory, or inadequate; or
(ii) refused or failed to provide a service.
(2) Assist consumers in resolving disputes with air carriers.
(3) Identify the types of problems that consumers routinely encounter in dealing with air carriers.
(4) Prepare and submit an annual report to the legislative council under section 10 of this chapter.
(5) Publicize and staff or monitor as appropriate the:
(A) toll free telephone number;
(B) mailing address; and
(C) Internet web site address;
established by the office under subsection (b).
(b) Not later than December 1, 2010, the office shall establish:
(1) a toll free telephone number;
(2) a mailing address; and
(3) an Internet web site address;
to receive complaints and questions from consumers under this chapter and IC 24-10-2-3.
Sec. 5. (a) Subject to subsection (b), the attorney general or an investigator for the office may do any of the following when conducting an investigation under section 4(a)(1) of this chapter:
(1) Issue and serve a subpoena for the production of records, including records stored in electronic data processing systems, for inspection by the attorney general or the investigator.
(2) Issue and serve a subpoena for the appearance of a person to provide testimony under oath.
(3) Apply to a court with jurisdiction to enforce a subpoena described in subdivision (1) or (2).
(b) This section does not empower the attorney general or an investigator to require an air carrier to disclose confidential and proprietary business plans and other confidential information without adequate protection of the information. The office shall
exercise all necessary caution to avoid disclosure of confidential
information supplied under this section.
Sec. 6. After an investigation under section 4(a)(1) of this
chapter, the office shall do one (1) of the following:
(1) If the office determines that a violation described in
section 4(a)(1)(A) of this chapter or an act described in section
4(a)(1)(B) of this chapter has not occurred, the office shall:
(A) conclude the investigation without taking any action
against the air carrier under this chapter; and
(B) dismiss the complaint, in the case of an investigation
initiated upon receipt of a complaint under IC 24-10-2-3.
The office shall provide written notice of a determination
under this subdivision to the air carrier that is the subject of
the investigation and to the complainant, if applicable. A
notice under this subdivision must include the reasons for the
office's determination and, in the case of a notice to a
complainant, a statement that the office's determination does
not preclude the complainant from pursuing any claim
available to the claimant under state or federal law.
(2) If the office determines that a violation described in
section 4(a)(1)(A) of this chapter or an act described in section
4(a)(1)(B) of this chapter has occurred, the office shall
attempt to resolve the matter by reaching a settlement with
the responsible air carrier. As part of a settlement under this
subdivision, the office may obtain one (1) or a combination of
any of the following from the air carrier:
(A) Compensation for consumers affected by the violation
or act, including one (1) or more of the following:
(i) A refund of the ticket price paid by consumers for the
flight involving the violation or act.
(ii) Monetary damages.
(iii) Free or reduced price airline tickets.
(iv) Frequent flyer miles or similar rewards.
Monetary compensation that a carrier agrees to pay under
this clause shall be paid into an escrow account for
distribution to consumers affected by the violation or act.
(B) The reasonable costs of the office's investigation.
(C) A civil penalty under section 7 of this chapter.
Sec. 7. (a) If the office determines after an investigation that a
violation described in section 4(a)(1)(A) of this chapter or an act
described in section 4(a)(1)(B) of this chapter has occurred, the
office may recover from the air carrier a civil penalty not to exceed
one thousand dollars ($1,000) for each violation or act. For
purposes of this section, a single act, omission, occurrence, or event
that results in multiple complaints being filed under IC 24-10-2-3
constitutes a single offense and is not subject to more than one (1)
civil penalty under this section. The office may not consider each
day that a particular act, omission, occurrence, or event continues
to be a separate offense. However, if the office determines that a
violation of IC 24-10-2-1 has occurred, the office may recover from
the air carrier a civil penalty not to exceed one thousand dollars
($1,000) for each passenger affected by the violation.
(b) In determining whether to impose a civil penalty under this
section and the amount of any penalty to be imposed, the office
may consider the following factors:
(1) Any compensation provided to consumers by the air
carrier under section 6(2)(A) of this chapter as part of a
settlement agreement.
(2) The duration and gravity of the violation or act, including
the number of consumers affected.
(3) The amount of a civil penalty that will deter future
offenses by the air carrier.
(4) The air carrier's market share in Indiana.
(5) The good faith of the air carrier in attempting to:
(A) reach a settlement agreement with the office under
section 6(2) of this chapter; or
(B) otherwise remedy the violation or act.
(6) Whether the violation or act is the result of any of the
following:
(A) An act of God.
(B) A negligent or an intentional act of a consumer.
(C) An emergency situation.
(D) Unavoidable casualty.
(c) A civil penalty recovered under this section shall be
deposited in the account for use in the administration and
enforcement of:
(1) IC 24-10; and
(2) this chapter.
Sec. 8. (a) The attorney general may bring an action under this
section in the name of the state to:
(1) obtain any remedy described in subsection (b) if:
(A) the office has determined after an investigation that a
violation described in section 4(a)(1)(A) of this chapter or
an act described in section 4(a)(1)(B) of this chapter has
occurred; and
(B) the office is unable to reach a settlement agreement
with the responsible air carrier under section 6(2) of this
chapter;
(2) enforce any provision of a settlement agreement between
the office and an air carrier under section 6(2) of this chapter;
or
(3) collect an unpaid civil penalty imposed by the office under
section 7 of this chapter.
(b) The attorney general may bring an action under subsection
(a) to obtain any or all of the following:
(1) Any form of compensation for affected consumers
described in section 6(2)(A) of this chapter.
(2) A civil penalty under section 7 of this chapter.
(3) An injunction to enjoin continuing or future:
(A) violations described in section 4(a)(1)(A) of this
chapter; or
(B) acts described in section 4(a)(1)(B) of this chapter.
(4) The office's reasonable costs in conducting the
investigation under section 4(a)(1) of this chapter.
(5) Reasonable attorney's fees.
(6) Costs of the action.
(c) An appeal from the judgment of a court under this section
may be taken by either party in the manner and to the same extent
as from orders or judgments in a civil action.
Sec. 9. (a) The airline consumer advocate account is established
in the state general fund for purposes of the administration and
enforcement of:
(1) this chapter; and
(2) IC 24-10.
The account shall be administered by the attorney general.
(b) The account consists of the following:
(1) Civil penalties recovered by the office under section 7 of
this chapter.
(2) Money appropriated to the account by the general
assembly.
(3) Money from any other source authorized for, or
appropriated to, the account.
(c) Money in the account is continuously appropriated to the
office for the administration and enforcement of:
(1) this chapter; and
(2) IC 24-10.
(d) The expenses of administering the account shall be paid from money in the account.
(e) The treasurer of state shall invest the money in the account not currently needed to meet the obligations of the account in the same manner as other public money may be invested.
(f) Money in the account at the end of a state fiscal year does not revert to the state general fund.
Sec. 10. (a) Beginning in 2011, the office shall, after June 30 and before November 1 of each year, report to the legislative council on the following:
(1) The office's budget for the most recent state fiscal year.
(2) The office's actual income and expenses during the most recent state fiscal year.
(3) The projected budget required by the office to carry out its duties under:
(A) this chapter; and
(B) IC 24-10;
during the current state fiscal year.
(4) The office's staffing during the most recent fiscal year, including information on:
(A) the number of employees employed by the office and a description of their responsibilities; and
(B) any vacant positions.
(5) The office's projected staffing needs during the current state fiscal year.
(6) The number and types of complaints received by the office under IC 24-10-2-3 during the most recent state fiscal year, including a description of:
(A) the number of complaints resolved; and
(B) the number of complaints outstanding.
(7) The number and types of investigations conducted by the office under section 4(a)(1) of this chapter during the most recent state fiscal year, including a summary of the following:
(A) The number and types of investigations that remain open as of the date of the report.
(B) The number and types of investigations that were concluded during the most recent state fiscal year. For each investigation reported under this clause, the office shall provide information concerning:
(i) the amount and type of any compensation described in section 6(2)(A) of this chapter that was obtained for affected consumers through a settlement agreement
under section 6(2) of this chapter or otherwise;
(ii) the amount of any civil penalties recovered under
section 7 of this chapter as a result of the investigation;
and
(iii) any other relief obtained by the office under section
6(2) or 8 of this chapter in connection with the
investigation.
(8) The number and types of disputes that the office assisted
consumers in resolving under section 4(a)(2) of this chapter.
(9) Any problems identified by the office under section 4(a)(3)
of this chapter during the most recent state fiscal year.
(10) Any recommendations for legislation needed to address
air carriers or the rights of airline consumers.
(11) Any other topics or issues:
(A) on which a report is requested by the legislative
council; or
(B) considered relevant by the office in reporting on its
activities during the most recent state fiscal year.
(b) A report to the legislative council under this section must be
in an electronic format under IC 5-14-6.
Sec. 11. The attorney general may adopt rules under IC 4-22-2
to implement this chapter.
Sec. 12. (a) This chapter may not be construed to:
(1) require any air carrier or airport to take any action in
contravention of:
(A) a federal law or regulation; or
(B) an order or directive of:
(i) the Federal Aviation Administration;
(ii) the United States Secretary of Transportation; or
(iii) any other federal agency having jurisdiction over the
air carrier or airport; or
(2) confer on the office any power or authority in
contravention of federal law or regulation.
(b) The provisions of this chapter are severable as provided in
IC 1-1-1-8(b).
ARTICLE 10. AIRLINE PASSENGERS
Chapter 1. Definitions
Sec. 1. The definitions in this chapter apply throughout this article.
Sec. 2. "Air carrier" means a person that:
(1) provides air transportation between:
(A) a place in Indiana; and
(B) another place inside or outside Indiana; and
(2) has been issued a certificate of public convenience and necessity by the United States Secretary of Transportation under 49 U.S.C. 41102(a).
Sec. 3. "Aircraft" has the meaning set forth in 49 U.S.C. 40102(a)(6).
Sec. 4. "Airport" refers to an air carrier airport (as defined in 49 U.S.C. 47102(1)) that is located in Indiana.
Sec. 5. "Air transportation" means the transportation of passengers by aircraft as a common carrier for compensation.
Sec. 6. "Consumer" means an Indiana resident who:
(1) is a passenger; or
(2) has purchased a ticket, or attempted to purchase a ticket, from an air carrier for air transportation to or from an airport in Indiana.
Sec. 7. "Office" refers to the office of the airline consumer advocate established under IC 4-6-14.
Sec. 8. "Passenger" has the meaning set forth in IC 8-21-3-1(11).
Chapter 2. Consumer Bill of Rights for Airline Passengers
Sec. 1. Whenever one (1) or more passengers have boarded an aircraft at an airport and are delayed more than three (3) hours on the aircraft before takeoff, the air carrier shall ensure that the following are provided:
(1) Electric generation service to provide temporary power for:
(A) lighting; and
(B) the circulation of fresh air;
within the aircraft.
(2) Waste removal service for the holding tanks used in connection with the aircraft's restrooms.
(3) Adequate drinking water, food, and other refreshments for passengers.
Sec. 2. (a) An air carrier shall provide clear and conspicuous notice of the rights of consumers under this chapter by causing a sign to be posted at each:
(1) service desk;
(2) ticket counter;
(3) boarding gate; and
(4) baggage claim area;
operated by, or assigned to, the air carrier in each airport in Indiana at which the air carrier provides air transportation.
(b) The office shall prescribe the size, font, format, and content for a sign required under subsection (a). A sign required under subsection (a) must include, at a minimum, the following information:
(1) A statement of a passenger's rights under section 1 of this chapter.
(2) A statement of a consumer's right to submit a complaint with the office under section 3 of this chapter.
(3) The:
(A) toll free telephone number;
(B) mailing address; and
(C) Internet web site address;
established by the office under IC 4-6-14-4(b) to receive complaints and questions from consumers.
(4) Any other information prescribed by the office.
Sec. 3. (a) A consumer may submit a complaint to the office alleging that an air carrier has done one (1) or more of the following:
(1) Violated section 1 or 2(a) of this chapter.
(2) Provided service that is unsafe, unjustly discriminatory, or inadequate.
(3) Refused or failed to provide a service.
(b) A consumer may submit a complaint under this section to the office by means of the:
(1) toll free telephone number;
(2) mailing address; or
(3) Internet web site address;
established by the office under IC 4-6-14-4(b) to receive complaints and questions from consumers.
Sec. 4. The attorney general may adopt rules under IC 4-22-2 to implement this chapter.
Sec. 5. (a) This chapter may not be construed to:
(1) require any air carrier or airport to take any action in contravention of:
(A) a federal law or regulation; or
(B) an order or directive of:
(i) the Federal Aviation Administration;
(ii) the United States Secretary of Transportation; or
(iii) any other federal agency having jurisdiction over the air carrier or airport; or
(2) confer on the office any power or authority in contravention of federal law or regulation.
(b) The provisions of this chapter are severable as provided in IC 1-1-1-8(b).
