November 8, 2007, Introduced by Senators OLSHOVE, GLEASON, CHERRY, PRUSI, ANDERSON, BRATER, PAPPAGEORGE, BARCIA, PATTERSON, BASHAM, SWITALSKI and THOMAS and referred to the Committee on Transportation.
A bill to amend 1945 PA 327, entitled
"Aeronautics code of the state of Michigan,"
(MCL 259.1 to 259.208) by amending the title, as amended by 2002 PA
90, and by adding part VIIIA.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
TITLE
An act relating to aeronautics in this state; providing for
the development and regulation thereof; creating a state
aeronautics commission; prescribing powers and duties; providing
for the licensing, or registration, or supervision and control of
all aircraft, airports and landing fields, schools of aviation,
flying clubs, airmen, aviation instructors, airport managers,
manufacturers, dealers, and commercial operation in intrastate
commerce; providing for rules pertaining thereto; prescribing a
privilege tax for the use of the aeronautical facilities on the
lands and waters of this state; providing for the acquisition,
development, and operation of airports, landing fields, and other
aeronautical facilities by the state, by political subdivisions, or
by public airport authorities; providing for the incorporation of
public airport authorities and providing for the powers, duties,
and obligations of public airport authorities; providing rights of
commercial airline passengers within the airport; establishing the
office and prescribing powers and duties for an airline consumer
advocate; providing for the transfer of airport management to
public airport authorities, including the transfer of airport
liabilities, employees, and operational jurisdiction; providing
jurisdiction of crimes, torts, and contracts; providing police
powers for those entrusted to enforce this act; providing for civil
liability of owners, operators, and others; making hunting from
aircraft unlawful; providing for repair station operators lien;
providing for appeals from rules or orders issued by the
commission; providing for the transfer from the Michigan board of
aeronautics to the aeronautics commission all properties and funds
held by the board of aeronautics; providing for a state aeronautics
fund and making an appropriation therefor; prescribing penalties;
and making uniform the law with reference to state development and
regulation of aeronautics.
PART VIIIA
PASSENGER RIGHTS
Sec. 161. As used in this part:
(a) "Airline consumer advocate" means the office of airline
consumer advocate created in section 163.
(b) "Carrier" means a partnership, corporation, or other
business entity regulated by the federal aviation administration
that conducts scheduled passenger air transportation.
(c) "Passenger" means a person who boards a carrier's aircraft
under a contract for carriage for a regularly scheduled commercial
flight.
Sec. 162. (1) A carrier shall provide all of the following, as
needed, to a passenger who has boarded the carrier's aircraft and
is 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 8 hours before takeoff to exit
the aircraft without forfeiting the other benefits of the airfare
or ticket. The carrier shall accommodate a passenger who exercises
this right to exit on the next similar route.
Sec. 163. (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 problem with a carrier may 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) The airline consumer advocate shall obtain information to
determine if the reason for delay or cancellation of a flight was
because of weather conditions or mechanical or personnel problems
if necessary to determine if the carrier has provided passengers
with proper compensation and accommodation.
(4) If the investigation indicates that the carrier acted
properly, the airline consumer advocate shall dismiss the
complaint. If the investigation indicates that a carrier likely
violated its duty to a passenger, 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 and it involves an alleged violation of section 162, the
complaint shall be referred to the attorney general for further
proceedings.
Sec. 164. (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 airlines passengers.
(c) Basic information concerning the office of airline
consumer advocate.
Enacting section 1. This amendatory act takes effect May 8,
2008.
Enacting section 2. This amendatory act does not take effect
unless Senate Bill No. 912
of the 94th Legislature is enacted into law.