senate Bill S5832A

2017-2018 Legislative Session

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

download bill text pdf

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Archive: Last Bill Status - In Senate Committee Judiciary Committee


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

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Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 03, 2018 referred to judiciary
May 17, 2017 print number 5832a
May 17, 2017 amend (t) and recommit to judiciary
May 02, 2017 referred to judiciary

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

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.

S5832 - Sponsor Memo

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

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

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.

S5832A (ACTIVE) - Sponsor Memo

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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