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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7641
SPONSOR: Englebright 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 over-
booking 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 over-
booked 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):
JUSTIFICATION:
There is no excuse for an aircraft operator to forcibly remove any
person who has paid for an assigned seat on such aircraft. When a
person is planning to travel, he or she puts time and effort into deter-
mining when they want to fly. A person has to make specific arrangements
for air travel, and any interruptions in that travel can be extremely
inconvenient.
Beyond that, it is even more inexcusable to cause any physical harm to
an individual on the bases that the aircraft operator made an error in
seating arrangements or overbooking. To use force to remove a person
that has fairly paid his or her fare and is seated on an aircraft is
inappropriate and discriminatory.
This bill would ensure that should an event like this occur, the passen-
ger is protected under the law.
PRIOR LEGISLATIVE HISTORY:
New bill 2017.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
7641
2017-2018 Regular Sessions
IN ASSEMBLY
May 5, 2017
___________
Introduced by M. of A. ENGLEBRIGHT -- read once and referred to the
Committee on Governmental Operations
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:
1 Section 1. The civil rights law is amended by adding a new section
2 79-o to read as follows:
3 § 79-o. Action for involuntary removal from a commercial passenger
4 aircraft; certain cases. 1. No passenger admitted to a commercial
5 passenger aircraft, having paid the fare for transportation on such
6 aircraft and having an assigned seat thereon, shall be involuntarily
7 removed from such aircraft solely on the bases that the owner or opera-
8 tor of the aircraft overbooked the flight thereof or assigned the
9 passenger's seat to another individual.
10 2. Any person involuntarily removed from a commercial passenger
11 aircraft, in violation of subdivision one of this section, may commence
12 and maintain a cause of action to recover treble damages, plus costs and
13 attorney's fees.
14 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11085-01-7
