AR48

An Assembly Resolution urging the President and Congress of the United States to enact provisions of the “Transparency Improvements and Compensation to Keep Every Ticketholder Safe Act of 2017.”

Whereas, Several airports, including Newark Liberty International Airport and Atlantic City International Airport, are located in New Jersey and provide air transportation to residents of this State and residents of other states and countries; and

Whereas, Federal regulations permit an air carrier to involuntarily bump a passenger or deny a passenger access to board a flight when the flight is overbooked; and

Whereas, On April 9, 2017, a passenger was forcibly removed from a United Airlines, Inc. flight after he refused to leave the plane when selected for involuntary bumping to allow airline employees, who needed to travel to the destination city in order to arrive in time for their flight assignments, to board the flight; and

Whereas, Video of the forcible removal shows the passenger being dragged off of the plane and, according to the passenger’s attorney, the passenger was injured as a result of the forcible removal; and

Whereas, After this incident, legislation entitled the “Transparency Improvements and Compensation to Keep Every Ticketholder Safe Act of 2017” or “TICKETS Act” (the Act) was introduced in the United States Senate; and

Whereas, The “TICKETS Act” prohibits an air carrier from denying a passenger from boarding a flight without the consent of the passenger once the passenger is approved by the gate attendant to clear the boarding area and board the flight, unless the passenger presents a safety, security, or health risk; and

Whereas, The Act also requires the United States Secretary of Transportation (Secretary) to revise federal regulations to eliminate the dollar amount limitations for compensation that may be provided to a passenger who is involuntarily bumped from a flight due to overbooking, to determine whether it is necessary to limit the number of seats that may be oversold on a flight, and, if determined necessary, to consider whether to impose a limitation based upon a percentage of the seats available on an aircraft; and

Whereas, Furthermore, the Act requires the Secretary to prescribe regulations requiring an air carrier to check in employees seeking accommodation on a flight not later than 60 minutes before the flight’s scheduled departure time and to require an air carrier, or other entity selling tickets, to specify the air carrier’s policies on oversold flights and policies with respect to requiring a passenger to give up a seat for an employee of an air carrier on a passenger’s flight itinerary and receipt, and to publically post these policies at each of the air carrier’s gates; and

Whereas, The Act’s provisions seek to further protect the rights of passengers that are at risk for being involuntarily bumped from an overbooked flight and are necessary to ensure that the forcible removal of a passenger from an overbooked flight will not occur in the future; and

Whereas, It is in the interest of the traveling public and residents of the State of New Jersey that the federal government enact the provisions of the “TICKETS Act” to provide greater protection to airline passengers who are, or may be, involuntarily bumped from an overbooked flight; now, therefore,

Be It Resolved by the General Assembly of the State of New Jersey:

1. This House urges the President and Congress of the United States to enact provisions of the “Transparency Improvements and Compensation to Keep Every Ticketholder Safe Act of 2017” to provide greater protection to airline passengers who are, or may be, involuntarily bumped from an overbooked flight.

2. Copies of this resolution, as filed with the Secretary of State, shall be transmitted by the Clerk of the General Assembly to the President of the United States, the Majority and Minority Leaders of the United States Senate, the Speaker and Minority Leader of the United States House of Representatives, and every member of Congress elected from this State.

STATEMENT

This resolution urges the President and Congress of the United States to enact provisions of the “Transparency Improvements and Compensation to Keep Every Ticketholder Safe Act of 2017” to provide greater protection to airline passengers who are, or may be, involuntarily bumped from an overbooked flight.