Session of 2000
By Committee on Appropriations

10             AN  ACT enacting the Kansas airline ticket consumer protection act.
12       Be it enacted by the Legislature of the State of Kansas:
13             Section  1. (a) This section shall be known and may be cited as the
14       Kansas airline ticket consumer protection act. The purpose of this act
15       shall be to encourage airlines to sell tickets on flights for which they intend
16       to honor published departure and arrival times and thereby allow the
17       public to rely on such times when making travel purchases. It is not the
18       purpose of this act to compromise passenger safety.
19             (b) As used in this section:
20             (1) ``Air carrier'' means any individual, corporation, association or
21       partnership undertaking by any means, directly or indirectly, to provide
22       air transportation.
23             (2) ``Ticket agent'' means any individual, corporation, association or
24       partnership that as a principal or agent sells, offers for sale, negotiates
25       for, or holds itself out as selling, providing, or arranging for, air
26       transportation.
27             (c) Regardless of the form in which an airline ticket is issued, any air
28       carrier who sells or offers for sale airline tickets in Kansas for a regularly
29       scheduled flight shall honor the terms and conditions of any ticket sold
30       in Kansas. Departure and arrival times shall be a term and condition of
31       the ticket. If in the preceding six months, the air carrier has failed 50%
32       of the time to depart on time or arrive on time for such regularly sched-
33       uled flight, such evidence shall be admissible as prima facie evidence that
34       the air carrier is not honoring the requirements on the face of the ticket.
35       Delays for which a mechanical irregularity, criminal act or a weather con-
36       dition adverse to safe air travel is documented as the cause of the delay
37       shall not be included in the statistics on failure to depart or arrive on time.
38       Any terms and conditions imposed by an air carrier on its tickets which
39       would preclude or limit enforcement of this act shall be null and void.
40             (d) Any air carrier that sells or offers for sale airline tickets in Kansas
41       for a regularly scheduled flight and for which a passenger who purchased
42       such a ticket is required to remain on an airplane operated by such carrier
43       while such airplane is on the ground and the cabin doors are closed with-


  1       out providing a detailed explanation of the reason for such delay with an
  2       accurate assessment of when the air carrier will either allow the passenger
  3       to deplane or when the plane will become airborne shall constitute a
  4       violation of this act.
  5             (e) The jurisdiction to enforce the provisions of this section shall be
  6       under the provisions of the Kansas consumer protection act. Violation of
  7       this section is a deceptive act or practice under the Kansas consumer
  8       protection act.
  9             (f) In addition to any other penalty, the air carrier shall pay to the
10       ticket purchaser three times the amount of the purchase price of the
11       ticket.
12             (g) A judgment issued pursuant to this section may be collected by
13       garnishing any funds in the possession of the ticket agent due or owed to
14       the air carrier.
15             (h) If after the effective date of this act any air carrier, as a result of
16       this act, discontinues selling tickets in the state of Kansas, such air carrier
17       shall include a notice in any and all advertising or promotional marketing
18       materials distributed in any form in the state of Kansas, in at least 20
19       point type or type of a greater size when necessary to be visible to the
20       audience for which the advertising is directed or by a notice delivered by
21       human voice in any television, radio or other broadcast advertising as
22       follows: ``Tickets are not sold in Kansas because this airline refuses to
23       honor its published flight schedules.''
24             (i) This section shall be part of and supplemental to the Kansas con-
25       sumer protection act.
26        Sec.  2. This act shall take effect and be in force from and after its
27       publication in the statute book.