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Assembly Bill A10113B

2011-2012 Legislative Session

Enacts the "Steven Kovacs Law" to impose an affirmative duty upon a host to render assistance to a guest on private premises in the event of a medical emergency

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

2011-A10113 - Details

See Senate Version of this Bill:
S7560
Current Committee:
Assembly Judiciary
Law Section:
General Obligations Law
Laws Affected:
Add Art 9 Title 2 §9-201, Gen Ob L
Versions Introduced in 2013-2014 Legislative Session:
A3303, S1178

2011-A10113 - Summary

Enacts the "Steven Kovacks Law" to impose an affirmative duty upon a residential host to render assistance to a guest on private premises in the event of a medical emergency.

2011-A10113 - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  10113

                          I N  A S S E M B L Y

                               May 7, 2012
                               ___________

Introduced by M. of A. ABBATE -- read once and referred to the Committee
  on Judiciary

AN ACT to amend the general obligations law, in relation to enacting the
  Steven Kovacks Law to impose an affirmative duty upon a social host to
  render  assistance  to  a  guest on private premises in the event of a
  medical emergency

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  This  act  shall be known and may be cited as the "Steven
Kovacks Law".
  S 2. Article 9 of the general obligations law is amended by  adding  a
new title 2 to read as follows:
                                  TITLE 2
                       SOCIAL HOST RESPONSIBILITY
SECTION 9-201. SOCIAL HOST RESPONSIBILITY.
  S  9-201.  SOCIAL  HOST  RESPONSIBILITY.  1.  FOR THE PURPOSES OF THIS
SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  (A) "SOCIAL HOST" MEANS ANY PERSON HAVING CONTROL OVER A PRIVATE PREM-
ISES.
  (B) "CONTROL" MEANS THE ACTUAL OR APPARENT AUTHORITY  AND  ABILITY  TO
REGULATE, DIRECT OR DOMINATE PRIVATE PREMISES, INCLUDING, BUT NOT LIMIT-
ED TO THE CONTROL EXERCISED BY TENANTS, LESSEES, OWNERS AND/OR LANDLORDS
WHO HAVE NOTICE OF THE PRESENCE OF A GUEST OR GUESTS ON THE PREMISES.
  (C) "PRIVATE PREMISES" MEANS ANY HOME, APARTMENT, CONDOMINIUM, COOPER-
ATIVE  UNIT OR OTHER DWELLING UNIT OF ANY KIND, INCLUDING YARDS AND OPEN
AREAS ADJACENT THERETO.
  (D) "GUEST" MEANS A PERSON WHO IS PHYSICALLY PRESENT  ON  THE  PRIVATE
PREMISES OF A SOCIAL HOST WITH THE CONSENT OF SUCH SOCIAL HOST.
  2.  A  SOCIAL HOST WHO IS AWARE OR WHO SHOULD BE AWARE THAT A GUEST ON
THE PRIVATE PREMISES OVER WHICH THE SOCIAL  HOST  EXERCISES  CONTROL  IS
SUFFERING  OR  HAS  SUFFERED  A  MEDICAL EMERGENCY AND WHO FAILS TO GIVE
REASONABLE ASSISTANCE TO SUCH GUEST, ALTHOUGH THERE EXISTS NO DANGER  OR
PERIL TO THE SOCIAL HOST OR OTHERS AS A RESULT AND ALTHOUGH SUCH ASSIST-
ANCE  OR  CARE  HAS  NOT  BEEN UNDERTAKEN BY ANOTHER OR OTHERS, SHALL BE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

2011-A10113A - Details

See Senate Version of this Bill:
S7560
Current Committee:
Assembly Judiciary
Law Section:
General Obligations Law
Laws Affected:
Add Art 9 Title 2 §9-201, Gen Ob L
Versions Introduced in 2013-2014 Legislative Session:
A3303, S1178

2011-A10113A - Summary

Enacts the "Steven Kovacks Law" to impose an affirmative duty upon a residential host to render assistance to a guest on private premises in the event of a medical emergency.

2011-A10113A - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                10113--A

                          I N  A S S E M B L Y

                               May 7, 2012
                               ___________

Introduced by M. of A. ABBATE -- read once and referred to the Committee
  on  Judiciary -- committee discharged, bill amended, ordered reprinted
  as amended and recommitted to said committee

AN ACT to amend the general obligations law, in relation to enacting the
  Steven Kovacs Law to impose an affirmative duty upon a social host  to
  render  assistance  to  a  guest on private premises in the event of a
  medical emergency

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  This  act  shall be known and may be cited as the "Steven
Kovacs Law".
  S 2. Article 9 of the general obligations law is amended by  adding  a
new title 2 to read as follows:
                                  TITLE 2
                       SOCIAL HOST RESPONSIBILITY
SECTION 9-201. SOCIAL HOST RESPONSIBILITY.
  S  9-201.  SOCIAL  HOST  RESPONSIBILITY.  1.  FOR THE PURPOSES OF THIS
SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  (A) "SOCIAL HOST" MEANS ANY PERSON HAVING CONTROL OVER A PRIVATE PREM-
ISES.
  (B) "CONTROL" MEANS THE ACTUAL OR APPARENT AUTHORITY  AND  ABILITY  TO
REGULATE, DIRECT OR DOMINATE PRIVATE PREMISES, INCLUDING, BUT NOT LIMIT-
ED TO THE CONTROL EXERCISED BY TENANTS, LESSEES, OWNERS AND/OR LANDLORDS
WHO HAVE NOTICE OF THE PRESENCE OF A GUEST OR GUESTS ON THE PREMISES.
  (C) "PRIVATE PREMISES" MEANS ANY HOME, APARTMENT, CONDOMINIUM, COOPER-
ATIVE  UNIT OR OTHER DWELLING UNIT OF ANY KIND, INCLUDING YARDS AND OPEN
AREAS ADJACENT THERETO.
  (D) "GUEST" MEANS A PERSON WHO IS PHYSICALLY PRESENT  ON  THE  PRIVATE
PREMISES OF A SOCIAL HOST WITH THE CONSENT OF SUCH SOCIAL HOST.
  2.  A  SOCIAL HOST WHO IS AWARE OR WHO SHOULD BE AWARE THAT A GUEST ON
THE PRIVATE PREMISES OVER WHICH THE SOCIAL  HOST  EXERCISES  CONTROL  IS
SUFFERING  OR  HAS  SUFFERED  A  MEDICAL EMERGENCY AND WHO FAILS TO GIVE
REASONABLE ASSISTANCE TO SUCH GUEST, ALTHOUGH THERE EXISTS NO DANGER  OR
PERIL TO THE SOCIAL HOST OR OTHERS AS A RESULT AND ALTHOUGH SUCH ASSIST-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

2011-A10113B (ACTIVE) - Details

See Senate Version of this Bill:
S7560
Current Committee:
Assembly Judiciary
Law Section:
General Obligations Law
Laws Affected:
Add Art 9 Title 2 §9-201, Gen Ob L
Versions Introduced in 2013-2014 Legislative Session:
A3303, S1178

2011-A10113B (ACTIVE) - Summary

Enacts the "Steven Kovacks Law" to impose an affirmative duty upon a residential host to render assistance to a guest on private premises in the event of a medical emergency.

2011-A10113B (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                10113--B

                          I N  A S S E M B L Y

                               May 7, 2012
                               ___________

Introduced by M. of A. ABBATE -- read once and referred to the Committee
  on  Judiciary -- committee discharged, bill amended, ordered reprinted
  as amended and recommitted to said committee --  again  reported  from
  said  committee  with  amendments,  ordered  reprinted  as amended and
  recommitted to said committee

AN ACT to amend the general obligations law, in relation to enacting the
  "Steven Kovacs Law" to impose an affirmative duty upon  a  residential
  host  to render assistance to a guest on private premises in the event
  of a medical emergency

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  This  act  shall be known and may be cited as the "Steven
Kovacs Law".
  S 2. Article 9 of the general obligations law is amended by  adding  a
new title 2 to read as follows:
                                  TITLE 2
                       SOCIAL HOST RESPONSIBILITY
SECTION 9-201. SOCIAL HOST RESPONSIBILITY.
  S  9-201.  SOCIAL  HOST  RESPONSIBILITY.  1.  FOR THE PURPOSES OF THIS
SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  (A) "HOST" MEANS ANY PERSON HAVING CONTROL OVER A PRIVATE PREMISES.
  (B) "CONTROL" MEANS THE ACTUAL  AUTHORITY  AND  ABILITY  TO  REGULATE,
DIRECT OR DOMINATE THE PRIVATE PREMISES.
  (C) "PRIVATE PREMISES" MEANS ANY HOME, APARTMENT, CONDOMINIUM, COOPER-
ATIVE  UNIT OR OTHER DWELLING UNIT OF ANY KIND, INCLUDING YARDS AND OPEN
AREAS OVER WHICH THE HOST HAS CONTROL.
  (D) "GUEST" MEANS A PERSON WHO IS PHYSICALLY PRESENT  ON  THE  PRIVATE
PREMISES  OF  A HOST, WHICH SHALL NOT BE DEEMED TO INCLUDE PERSONS TRES-
PASSING UPON THE PRIVATE PREMISES.
  2. A HOST WHO IS PRESENT AND HAS ACTUAL KNOWLEDGE THAT A GUEST ON  THE
PRIVATE  PREMISES  OVER WHICH THE HOST EXERCISES CONTROL IS SUFFERING OR
HAS SUFFERED A MEDICAL  EMERGENCY  AND  WHO  FAILS  TO  GIVE  REASONABLE
ASSISTANCE  TO  SUCH  GUEST  SHALL  BE  LIABLE  FOR DAMAGES FOR INJURIES
SUSTAINED BY SUCH GUEST OR FOR DAMAGES FOR THE DEATH OF SUCH GUEST WHICH

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

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