Certain air transport and contracting related to detained individuals requirements provisions

A bill for an act

relating to aeronautics; establishing certain requirements governing air transport

and contracting related to detained individuals; amending Minnesota Statutes 2024,

section 473.608, by adding a subdivision; proposing coding for new law in

Minnesota Statutes, chapter 360.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

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[360.027] DETAINED INDIVIDUALS.

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Subdivision 1.

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Definitions.

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(a) For purposes of this section, the following terms have

the meanings given.

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(b) "Airline company" has the meaning given in section 360.511, subdivision 20.

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(c) "Detained individual" means an aircraft passenger who is traveling involuntarily or

being held in any kind of restraint other than a seat belt.

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(d) "Fixed base operator" means a firm, partnership, company, corporation, association,

or other similar commercial entity that engages in commercial operations, including but not

limited to fueling or providing aircraft parking services, at an airport.

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(e) "Passenger form" means a form under this section for collecting and relaying

information on a detained individual.

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Subd. 2.

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Passenger form.

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(a) The commissioner, in consultation with the commissioner

of corrections, must develop a passenger form to collect information on a detained individual.

At a minimum, the passenger form must include:

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(1) the name, date of birth, and address of the individual;

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(2) the individual's medical history, including allergies, other existing medical conditions,

and current medications;

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(3) the name and contact information for the individual's spouse, next of kin, or other

primary contact;

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(4) the individual's legal circumstances, including:

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(i) the name and contact information for the individual's attorney; and

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(ii) identification of any pending legal proceedings;

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(5) identification of whether the individual is a minor, and if the individual is a minor

and a parent or guardian is not on board the aircraft, the name and contact information of

a parent or guardian;

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(6) a statement that the form will be reviewed by a fixed base operator and shared with

emergency responders in the event of an emergency;

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(7) a statement that completion of any portion of the form under clauses (1) to (3) is

voluntary; and

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(8) a space for the individual to affirmatively indicate that the individual has been

provided and has chosen not to fill out the form.

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(b) The commissioner must make the passenger form available in the most commonly

spoken non-English languages in the state and in any area in which the commissioner

identifies regular transport of detained individuals.

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Subd. 3.

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Form collection and use.

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(a) The pilot or person in command of the detention

must ensure that each detained individual on board the aircraft is able to complete a passenger

form and must maintain the form in the aircraft while the detained individual is on board.

When a detained individual departs the aircraft, the pilot or person in command may provide

the form to another entity with authority over custody of the individual or may otherwise

dispose of the form.

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(b) Before providing commercial operations service to an aircraft, a fixed base operator

must confirm that a passenger form is maintained for each detained individual on board an

aircraft.

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(c) In an emergency involving a detained individual, aircraft crew must provide the

individual's passenger form to emergency responders or hospitals.

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Subd. 4.

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Refueling.

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(a) A person must not refuel an aircraft if an individual on board

the aircraft is in any kind of restraint other than a seat belt.

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(b) A detained individual who is removed from an aircraft for refueling must be:

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(1) placed in a climate-controlled enclosure; and

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(2) provided with regular access to a restroom and water.

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Subd. 5.

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Documentation.

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(a) A fixed base operator must:

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(1) maintain documentation on each aircraft used to transport one or more detained

individuals, including:

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(i) identification of the firm or organization providing air flight services and the specific

governmental agency performing the detention;

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(ii) a copy of the confirmation under subdivision 3, paragraph (b), including but not

limited to the number of detained individuals on board the aircraft;

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(iii) a review of compliance with the refueling requirements under subdivision 4; and

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(iv) the signature of a member of the aircraft crew; and

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(2) submit a monthly report to the commissioner that contains the documentation required

under clause (1), in the manner specified by the commissioner.

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(b) A fixed base operator must retain the documentation required under paragraph (a),

clause (1), for at least two years.

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Subd. 6.

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Contract limitations.

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(a) The state, a political subdivision, or a person must

not enter into an agreement with an airline company that transports a detained individual

unless the airline provides evidence of:

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(1) a warrant issued by a federal court or state court;

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(2) a court order; or

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(3) an authorization issued by the governor for extradition of the specific detained

individual to another state.

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(b) The requirements under paragraph (a) do not apply to an agreement entered into on

or before October 1, 2026.

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EFFECTIVE DATE.

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This section is effective October 1, 2026.

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Sec. 2.

Minnesota Statutes 2024, section 473.608, is amended by adding a subdivision to

read:

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Subd. 5a.

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Contract limitations.

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(a) For purposes of this subdivision, the terms defined

in section 360.027, subdivision 1, have the same meanings.

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(b) The commission must not enter into an agreement with a fixed base operator that

provides services to an airline company that transports a detained individual unless the

airline provides evidence of:

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(1) a warrant issued by a federal court or state court;

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(2) a court order; or

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(3) an authorization issued by the governor for extradition of the specific detained

individual to another state.

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(c) The requirements under paragraph (b) do not apply to an agreement entered into on

or before October 1, 2026.

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EFFECTIVE DATE.

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This section is effective October 1, 2026.

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