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.
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.
STATE OF NEW YORK ________________________________________________________________________ 4944 2013-2014 Regular Sessions IN SENATE 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