senate Bill S4944

2013-2014 Legislative Session

Relates to the liability of an owner of an aircraft for emergency response costs

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to transportation
May 01, 2013 referred to transportation

S4944 - Bill Details

Current Committee:
Law Section:
General Business Law
Laws Affected:
Amd ยง251, Gen Bus L

S4944 - Bill Texts

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Relates to the liability of an owner of an aircraft for emergency response costs where death or the destruction of property occurs as a result of the use or operation of the aircraft in the business of the owner or otherwise.

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BILL NUMBER:S4944

TITLE OF BILL: An act to amend the general business law, in relation
to liability of an owner of an aircraft for emergency response costs

SUMMARY OF PROVISIONS:

SECTION 1 amends subdivision 1 of section 251 of the General Business
Law to extend the liability of an airplane owner for emergency
response costs as the result of the use or operation of the aircraft
in the business of the owner or otherwise.

SECTION 2 provides that this act shall take effect on the thirtieth
day after it shall become law.

PURPOSE AND JUSTIFICATION: This bill is written as a result of the
tragic crash of Continental Connection Flight 3407 that occurred in
the Town of Clarence, Erie County, on February 12, 2009, and in
response to the decision of the United States Court of Appeals for the
Second Circuit in the matter of (County of Erie vs. Colgan Air, et
al), decided March 4, 2013. The County of Erie brought suit against
the airline companies involved with the crash to recover the
substantial costs it incurred in the emergency response efforts that
resulted from this tragedy. The United States Court of Appeals for the
Second Circuit determined that under current New York law, and in
particular under General Business Law section 251, the airlines were
not responsible for such emergency response costs. While it is
reasonable and expected for government to bear the costs of general
emergency response, which are funded with general tax revenues, the
crash of an airplane is thankfully neither a regular nor expected cost
and is not anticipated in any local governmental budget.

EXISTING LAW: General Business law Section 251 relates to the
liability of an aircraft owner.

PRIOR LEGISLATIVE HISTORY: New bill

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect on the thirtieth day after
it shall have become law.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4944

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               May 1, 2013
                               ___________

Introduced  by  Sen.  RANZENHOFER -- read twice and ordered printed, and
  when printed to be committed to the Committee on Transportation

AN ACT to amend the general business law, in relation to liability of an
  owner of an aircraft for emergency response costs

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision 1 of section 251 of the general business law,
as added by chapter 162 of the laws of  1959,  is  amended  to  read  as
follows:
  1. Except as provided in subdivision three OF THIS SECTION every owner
of  an  aircraft shall be liable and responsible for death occasioned or
injuries to person or property sustained, AS WELL AS EMERGENCY  RESPONSE
COSTS,  WHETHER  PRIVATE OR PUBLIC, IN RELATION TO SUCH DEATH OCCASIONED
OR INJURIES TO PERSON OR PROPERTY SUSTAINED, within or above this state,
as a result of the use or operation of the aircraft in the  business  of
the  owner  or  otherwise, by any person using or operating the aircraft
with the permission, express or implied, of  such  owner,  in  any  case
where  the  person using or operating the aircraft, or his estate, would
be liable for such death or injuries.
  S 2. This act shall take effect on the thirtieth day  after  it  shall
have become a law.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10501-01-3

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