SB 500-7_ Filed 04/05/2007, 07:26 Whetstone


Text Box


    PREVAILED      Roll Call No. _______
    FAILED        Ayes _______
    WITHDRAWN        Noes _______
    RULED OUT OF ORDER


[

HOUSE MOTION ____

]

MR. SPEAKER:

    I move that Engrossed Senate Bill 500 be amended to read as follows:

SOURCE: Page 61, line 5; (07)MO050017.61. -->     Page 61, between lines 5 and 6, begin a new paragraph and insert:
SOURCE: IC 24-5-24; (07)MO050017.44. -->     "SECTION 44. IC 24-5-24 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]:
     Chapter 24. Airline Tickets.
    Sec. 1. (a) As used in this section, "terrorist threat" means a threat of a violent act or threat of an act that is dangerous to human life, that is a violation of the criminal laws of Indiana or of the United States, and is intended to:
        (1) intimidate, injure, or coerce a civilian population;
        (2) influence the policy of a government by intimidation or coercion; or
        (3) affect the conduct of a government through:
            (A) destruction of property;
            (B) assassination;
            (C) murder;
            (D) kidnapping; or
            (E) aircraft piracy.
    (b) If an airline cancels a flight or delays a flight by more than one (1) hour, the airline must honor the purchaser's ticket at a later date or reimburse the purchaser:
        (1) the cost of the ticket; and
        (2) pay the purchaser an amount equal to the airline's flight-change penalty fee.
    (c) Subsection (b) does not apply if the flight delay or cancellation is caused by any of the following:
        (1) Inclement weather.
        (2) An immediate terrorist threat.
        (3) International conditions that are not related to terrorism, including:
            (A) riots;
            (B) civil unrest;
            (C) embargoes; or
            (D) war.
        (4) Any other condition outside the control of the airline.
    (d) In addition to any other penalties or remedies provided by law, a person aggrieved by a knowing and willful violation of this section may bring a civil action in a court with jurisdiction against the airline for the recovery of:
        (1) reimbursement for the ticket;
        (2) payment of the flight-change fee;
        (3) actual and consequential damages;
        (4) court costs; and
        (5) reasonable attorney's fees.
    (e) An airline that knowingly violates this section two (2) or more times within a calendar year commits a Class C misdemeanor.
    Sec. 2.    (a) There is no expiration date for an airline ticket issued anywhere in the world for an airline flight originating in Indiana.
    (b) If the airline ticket is nonrefundable and the ticket purchaser is unable to use the ticket, the airline must allow the ticket to be transferred to another person. The airline may charge the purchaser a processing fee of the lesser of:
        (1) twenty five percent (25%) of the original price of the ticket; or
        (2) fifty dollars ($50).
    (c) A ticket purchaser may not transfer a ticket if the ticket purchaser missed the flight due to the fault of the purchaser.
".
SOURCE: Page 71, line 9; (07)MO050017.71. -->     Page 71, between lines 9 and 10, begin a new paragraph and insert:

SOURCE: ; (07)MO050017.58. -->     "SECTION 58. [EFFECTIVE JULY 1, 2007] IC 24-5-24-1(e), as added by this act, applies only to offenses committed after June 30, 2007.".
    Renumber all SECTIONS consecutively.
    (Reference is to ESB 500 as printed April 3, 2007.)

________________________________________

Representative Whetstone


MO050017/DI 92     2007