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 |
Senate Bill S5832A
2017-2018 Legislative Session
Sponsored By
(R, C, IP) 62nd Senate District
Archive: Last Bill Status - In Senate Committee Judiciary Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
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 - Sponsor Memo
BILL NUMBER: S5832 TITLE OF BILL : An act to amend the general obligations law, in relation to rights of certain airline passengers PURPOSE OR GENERAL IDEA OF THE BILL : This legislation seeks to create rights for certain airline passengers who voluntarily relinquish their seats. SUMMARY OF SPECIFIC PROVISIONS : Section 1 states that any airline that provides departures from airports located within the state shall offer compensation and provide rebooking for passengers who voluntarily relinquish their seat. Such minimum compensation initially is set at a rate of fifty percent of the average value of a comparable ticket, to be increased by a rate of twenty percent of the original offer until an adequate number of passengers have relinquished their seats. This section also states that any individual who has voluntarily relinquished their seats is entitled to the highest amount offered to any passenger for that flight. Further, this section says that the maximum compensation may be set at six hundred percent of the average value of a comparable ticket.
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) - Sponsor Memo
BILL NUMBER: S5832A TITLE OF BILL : 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 PURPOSE OR GENERAL IDEA OF BILL : To ensure that no commercial aircraft passenger is involuntarily removed from a seat that he or she have paid for and is seated on. SUMMARY OF PROVISIONS : The bill amends the civil rights law by adding a new section 79-o. Section 1 states that no passenger that has paid the fare and has been seated in his or her assigned seat shall be involuntarily removed from the aircraft solely on the bases that the owner or operator has overbooked the flight. Section 2 states that any such passenger that is involuntarily removed on these bases may commence a cause of action to recover treble damages, plus costs and attorney's fees. DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE) :
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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