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H. 3861
STATUS INFORMATION
General Bill
Sponsors: Rep. Hinson
Document Path: l:\council\bills\bbm\9678djc03.doc
Introduced in the House on March 26, 2003
Currently residing in the House Committee on Labor, Commerce and Industry
Summary: Unlawful to profit from certain cancellations or delays of the travel on a common carrier
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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3/26/2003 House Introduced and read first time HJ-73
3/26/2003 House Referred to Committee on Labor, Commerce and Industry
HJ-73
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-5-146 SO AS TO PROVIDE THAT IT IS AN UNFAIR TRADE PRACTICE AND UNLAWFUL FOR A PERSON, COMMON CARRIER OR TRAVEL AGENCY TO PROFIT OR BE UNJUSTLY ENRICHED FROM THE CANCELLATION OR DELAY OF TRAVEL ON A COMMON CARRIER WHEN THE CANCELLATION OR DELAY OCCURS BECAUSE OF AN ACT OF THE COMMON CARRIER, A NATURAL DISASTER, A GOVERNMENT WARNING OR TRAVEL ADVISORY, A THREAT TO THE NATIONAL OR HOMELAND SECURITY, OR AN ACT OF WAR, TO PROVIDE PROCEDURES FOR DEMANDING REFUNDS AND FOR REFUSING REFUNDS IN DISPUTED CASES, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 1, Chapter 5, Title 39 of the 1976 Code is amended by adding:
"Section 39-5-146. (A) For purposes of this section:
(1) 'Fare' means money paid or charged for transportation or travel on a common carrier.
(2) 'Profit' means to make a gain or derive a benefit at the expense of another person.
(3) 'Travel' means movement or passage from one place to another.
(4) 'Unjust enrichment' means to retain a fare for travel, or a fee or deposit paid for a travel service, when the travel or travel service is not actually provided to the person by whom or on whose behalf the fare, fee, or deposit was purchased or paid.
(B) Notwithstanding another provision of law, it is an unfair trade practice and unlawful for a person, common carrier, or travel agency to profit or be unjustly enriched from the cancellation or delay of travel on a common carrier when the cancellation or delay occurs because of an act, error, or omission of the common carrier, a natural disaster, a government warning or travel advisory, a threat to the national or homeland security, or an act of war.
(C) Except as provided in this section, it is a violation of this section for a person, including a travel agency or common carrier, to fail or refuse to refund money received as a fare, fee, or deposit for travel or a travel service within ten days after receipt of a written demand for a refund, if the travel is cancelled, curtailed, or discouraged because of an act, error, or omission of the common carrier, a natural disaster, a government warning or travel advisory, a threat to the national or homeland security, or an act of war.
(D) In cases where there is a dispute as to whether the travel was cancelled, curtailed, or discouraged for a cause requiring a refund under this section, it is not a criminal violation of this section for a person, travel agency, or carrier to fail or refuse to make the refund required by this section if the person, travel agency, or carrier notifies the person demanding the refund in writing of the reason for refusing the refund within ten days after receipt of the written demand for a refund.
(E) A person who knowingly violates this section, or who knowingly aids, abets, or causes a violation of this section, is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars nor more than three hundred dollars, or imprisoned for not more than thirty days.
(F) The provisions of this section are cumulative and the criminal penalties of this section are in addition to and not a bar to the civil remedies provided by law."
SECTION 2. This act takes effect upon approval by the Governor.
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