100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4034

 

Introduced , by Rep. Peter Breen

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Airline Passenger Protection Act. Provides that an employee or contractor of this State or any unit of local government in this State shall not involuntarily remove a passenger from an aircraft by force when that passenger is seated in a seat confirmed by a valid paid or awarded ticket unless: (1) the passenger has committed a breach of the peace; (2) the passenger presents a danger to himself or herself or others; or (3) a public emergency exists. Provides that no criminal charges may be brought or civil liability attach against a passenger who refuses to yield his or her seat unless certain conditions exist. Provides that the State of Illinois or any unit of local government in this State shall not make travel arrangements with, do business with, or have any investments in any commercial airline or a company owning a commercial airline that has a policy allowing the involuntary removal of a passenger from an aircraft to allow an employee traveling on a non-revenue ticket to use the passenger's seat. Awards attorney's fees and costs to a passenger who prevails in an action brought against a commercial airline for a violation of the Act. Effective immediately.


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A BILL FOR

 

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1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Airline Passenger Protection Act.
 
6    Section 5. Public policy. Passengers place their total
7trust in our nation's commercial airlines to bring them safely
8from one place to another. Without this special trust, our
9nation's transportation system would be crippled, harming our
10business community and our tourism industry. A commercial
11airline that removes validly seated customers without serious
12cause breaches the sacred trust between passengers and their
13airlines. In particular, passengers at airports in Chicago and
14throughout the State of Illinois should be able to travel to
15and through our State without any fear of ill treatment. Thus,
16the General Assembly enacts the following protections to ensure
17that the government is not misused to enforce improper
18commercial airline policies and to give the strongest available
19protections to passengers when commercial airlines violate
20their trust with their policies.
 
21    Section 10. State employees. An employee or contractor of
22this State or any unit of local government in this State shall

 

 

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1not involuntarily remove a passenger from an aircraft by force
2when that passenger is seated in a seat confirmed by a valid
3paid or awarded ticket, or has a physically claimed a seat with
4a valid paid or awarded ticket on a commercial airline with an
5open seating policy, unless: (1) the passenger has committed a
6breach of the peace; (2) the passenger presents a danger to
7himself or herself or others; or (3) a public emergency exists.
 
8    Section 15. Liability; criminal and civil. No criminal
9charges may be brought or civil liability attach against a
10passenger on an aircraft who refuses to yield his or her seat
11when seated in seat confirmed by a valid paid or awarded
12ticket, or has physically claimed a seat with a valid paid or
13awarded ticket on a commercial airline with an open seating
14policy, unless: (1) the airline has inadvertently confirmed 2
15passengers in the same seat who are not employees of the
16airline traveling on a non-revenue ticket; (2) the passenger
17has committed a breach of the peace; (3) the passenger presents
18a danger to himself or herself or others; or (4) a public
19emergency exists.
 
20    Section 20. Conducting business. The State of Illinois or
21any unit of local government in this State shall not make
22travel arrangements with, do business with, or have any
23investments in any commercial airline or a company owning a
24commercial airline that has a policy allowing the involuntary

 

 

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1removal of a passenger from an aircraft to allow an employee
2traveling on a non-revenue ticket to use the passenger's seat
3when the passenger is seated in seat confirmed by a valid paid
4or awarded ticket or has physically claimed a seat with a valid
5paid or awarded ticket on a commercial airline with an open
6seating policy.
 
7    Section 25. Attorney's fees; costs. A passenger who
8prevails in an action brought against a commercial airline for
9a violation of this Act shall be awarded attorney's fees and
10costs using the same structure under the Illinois Civil Rights
11Act of 2003.
 
12    Section 99. Effective date. This Act takes effect upon
13becoming law.