Relates to the liability of an owner of an aircraft for emergency response costs

BILL NUMBER:S4944

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.