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Senate Bill S5832A

2017-2018 Legislative Session

Prohibits the involuntary removal of a passenger from a commercial passenger aircraft on the basis of overbooking

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Archive: Last Bill Status - In Senate Committee Judiciary Committee

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Bill Amendments

2017-S5832 - Details

See Assembly Version of this Bill:
A7641
Current Committee:
Senate Judiciary
Law Section:
Civil Rights Law
Laws Affected:
Add §79-o, Civ Rts L
Versions Introduced in 2019-2020 Legislative Session:
S194

2017-S5832 - Summary

Prohibits the involuntary removal of a passenger from a commercial passenger aircraft on the basis of overbooking; authorizes the commencement of a course of action from treble damages therefor.

2017-S5832 - Sponsor Memo

2017-S5832 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5832
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                May 2, 2017
                                ___________
 
 Introduced  by  Sen.  ORTT  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary
 
 AN ACT to amend the general obligations law, in relation  to  rights  of
   certain airline passengers
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The general obligations law is  amended  by  adding  a  new
 article 14 to read as follows:
                                ARTICLE 14
                   RIGHTS OF CERTAIN AIRLINE PASSENGERS
 SECTION 14-101. RIGHTS OF CERTAIN AIRLINE PASSENGERS.
   § 14-101. RIGHTS  OF  CERTAIN  AIRLINE  PASSENGERS.  ANY  AIRLINE THAT
 PROVIDES DEPARTURES FROM AIRPORTS LOCATED WITHIN THIS STATE SHALL  OFFER
 COMPENSATION  IN ACCORDANCE WITH THIS SECTION TO TICKETED PASSENGERS WHO
 VOLUNTARILY RELINQUISH THEIR SEATS ON FLIGHTS THAT ARE OVERBOOKED,  UPON
 THE REQUEST OF AIRLINE PERSONNEL. SUCH COMPENSATION SHALL BE IN ADDITION
 TO REBOOKING SUCH PASSENGER ON ANOTHER FLIGHT TO THE SAME FINAL DESTINA-
 TION. ANY TICKETED PASSENGER WHO HAS VOLUNTARILY RELINQUISHED HIS OR HER
 SEAT  AS  PROVIDED IN THIS SECTION SHALL BE ENTITLED TO MINIMUM MONETARY
 COMPENSATION FROM THE AIRLINE AS FOLLOWS:
   (A) SUCH MINIMUM MONETARY COMPENSATION SHALL INITIALLY BE  MADE  AT  A
 RATE  OF  FIFTY  PERCENT OF THE AVERAGE VALUE OF A COMPARABLE TICKET FOR
 THE OVERBOOKED FLIGHT;
   (B) THE AIRLINE SHALL INCREASE THE  AMOUNT  OF  MONETARY  COMPENSATION
 OFFERED  BY  TWENTY PERCENT OF THE ORIGINAL OFFER ROUNDED TO THE NEAREST
 WHOLE NUMBER UNTIL AN ADEQUATE NUMBER  OF  PASSENGERS  HAVE  VOLUNTARILY
 RELINQUISHED THEIR SEATS FOR THAT FLIGHT;
   (C) ANY TICKETED PASSENGER WHO HAS VOLUNTARILY RELINQUISHED HIS OR HER
 SEAT  SHALL  BE ENTITLED TO THE SAME COMPENSATION, WHICH SHALL BE SET AT
 THE HIGHEST AMOUNT OFFERED TO ANY PASSENGER FOR THAT FLIGHT;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11283-01-7

2017-S5832A (ACTIVE) - Details

See Assembly Version of this Bill:
A7641
Current Committee:
Senate Judiciary
Law Section:
Civil Rights Law
Laws Affected:
Add §79-o, Civ Rts L
Versions Introduced in 2019-2020 Legislative Session:
S194

2017-S5832A (ACTIVE) - Summary

Prohibits the involuntary removal of a passenger from a commercial passenger aircraft on the basis of overbooking; authorizes the commencement of a course of action from treble damages therefor.

2017-S5832A (ACTIVE) - Sponsor Memo

2017-S5832A (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5832--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                May 2, 2017
                                ___________
 
 Introduced  by  Sen.  ORTT  --  read twice and ordered printed, and when
   printed to be committed to the Committee  on  Judiciary  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT  to  amend  the civil rights law, in relation to prohibiting the
   involuntary removal  from  a  commercial  passenger  aircraft  of  any
   passenger having an assigned seat thereon, on the basis of overbooking
   by the operator of such aircraft
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The civil rights law is amended by  adding  a  new  section
 79-o to read as follows:
   §  79-O.  ACTION  FOR  INVOLUNTARY REMOVAL FROM A COMMERCIAL PASSENGER
 AIRCRAFT; CERTAIN CASES.  1.  NO  PASSENGER  ADMITTED  TO  A  COMMERCIAL
 PASSENGER  AIRCRAFT,  HAVING  PAID  THE  FARE FOR TRANSPORTATION ON SUCH
 AIRCRAFT AND HAVING AN ASSIGNED SEAT  THEREON,  SHALL  BE  INVOLUNTARILY
 REMOVED  FROM SUCH AIRCRAFT SOLELY ON THE BASES THAT THE OWNER OR OPERA-
 TOR OF THE AIRCRAFT  OVERBOOKED  THE  FLIGHT  THEREOF  OR  ASSIGNED  THE
 PASSENGER'S SEAT TO ANOTHER INDIVIDUAL.
   2.  ANY  PERSON  INVOLUNTARILY  REMOVED  FROM  A  COMMERCIAL PASSENGER
 AIRCRAFT, IN VIOLATION OF SUBDIVISION ONE OF THIS SECTION, MAY  COMMENCE
 AND MAINTAIN A CAUSE OF ACTION TO RECOVER TREBLE DAMAGES, PLUS COSTS AND
 ATTORNEY'S FEES.
   § 2. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11283-03-7

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