Purpose

This bill creates new rules for air travel involving detained individuals. It aims to ensure safety, accountability, and proper handling when a passenger is detained on an aircraft and when commercial airline services and fixed base operators interact with such situations. It also sets limits on contracts related to transporting detained individuals and requires documentation and reporting.

Key Definitions

• Detained individual: an aircraft passenger who is traveling involuntarily or is restrained in a way other than a seat belt.
• Airline company: defined as in existing state law (referenced in the bill for consistency).
• Fixed base operator (FBO): a business that provides services at an airport, such as fueling or aircraft parking.
• Passenger form: a form created to collect and relay information about a detained individual.

Main Provisions

• Passenger Form Requirements

  • The state’s transportation officials, with input from corrections, must develop a passenger form to collect information about a detained individual.
  • Required information includes: name, date of birth, address; medical history (including allergies, other conditions, current medications); emergency contacts (spouse/next of kin or primary contact); legal circumstances (attorney contact and any pending cases); whether the person is a minor and guardian contact if applicable; a statement about the form being reviewed by the FBO and shared with emergency responders; a note that completing the form is voluntary; and a space for the individual to indicate if they were provided the form and chose not to fill it out.
  • The form must be available in the state’s most commonly spoken non-English languages and in areas with regular transport of detained individuals.

• Form Collection, Use, and Sharing

  • The pilot or person in command must ensure every detained individual on board can complete a passenger form and keep the form on the aircraft during transport.
  • When the detained individual leaves the aircraft, the form may be given to authorities in custody or disposed of as appropriate.
  • Before providing commercial air service, the fixed base operator must confirm a passenger form exists for each detained individual on board.
  • In emergencies, the crew must provide the passenger form to emergency responders or hospitals.

• Refueling Restrictions

  • An aircraft cannot be refueled if a detained individual on board is restrained in any way other than a seat belt.
  • If a detained individual is removed from an aircraft for refueling, they must be placed in a climate-controlled enclosure and given regular access to a restroom and water.

• Documentation by Fixed Base Operators

  • An FBO must maintain documentation for each aircraft used to transport one or more detained individuals. This documentation includes:
  • Identification of the firm or organization providing air services and the government agency performing the detention.
  • A copy of the passenger form confirmation (including the number of detained individuals on board).
  • A review of compliance with refueling requirements.
  • Signature of a crew member.
  • The FBO must submit a monthly report to the commissioner with the required documentation.
  • The FBO must retain this documentation for at least two years.

• Contract Limitations

  • State entities, political subdivisions, or individuals may not enter into agreements with an airline transporting a detained individual unless the airline provides evidence of:
  • a warrant issued by a federal or state court,
  • a court order, or
  • an authorization from the governor for extradition of the specific detained individual to another state.
  • These contract limitations do not apply to agreements entered into on or before October 1, 2026.

• Implementation and Oversight

  • The bill assigns responsibilities to the commissioner of transportation (in consultation with the commissioner of corrections) to develop and oversee the passenger form and related processes.
  • The commissioner sets formats, language requirements, and reporting standards for compliance.

Significant Changes to Existing Law

• Creates a new subdivision under Minnesota Statutes (chapter 360) to govern detained individuals on flights, including definitions, form requirements, and operational rules for pilots and fixed base operators.
• Adds detailed mandatory documentation and monthly reporting obligations for fixed base operators.
• Establishes a formal process and criteria for contracting with airline companies regarding detained individuals, including explicit warrants, court orders, or extradition authorizations, with a transitional allowance for agreements made before a specified date.

Practical Impact

• Airlines and FBOs would have standardized procedures for handling detained passengers, including information collection, emergency sharing, and refueling restrictions.
• There would be increased accountability for who transports detained individuals and how such transports are documented and monitored.
• States and local entities would face new limitations on contracting with airlines unless proper legal authorities accompany the transport.

Relevant Terms - Detained individual - Aircraft passenger - Fixed base operator (FBO) - Passenger form - Refueling restrictions - Climate-controlled enclosure - Emergency responders - Medical history (in context of passenger form) - Warrant / court order / extradition authorization - Monthly documentation/reporting - Transportation commissioner - Corrections department - Non-English languages (language accessibility)