Senate Bill S7560A

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 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

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 12, 2012	print number 7560a
Jun 12, 2012	amend (t) and recommit to judiciary
Jun 04, 2012	referred to judiciary

Bill Amendments

2011-S7560 - Details

See Assembly Version of this Bill:: A10113
Current Committee:: Senate 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:: S1178, A3303

2011-S7560 - Summary

Enacts 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.

2011-S7560 - Sponsor Memo

                                BILL NUMBER:S7560

TITLE OF BILL:
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

PURPOSE:
This legislation will make it a social host liable for failing to
notify emergency responders when a guest becomes incapacitated on the
host's private premises.

SUMMARY OF PROVISIONS:
Section One - defines a Social Host as a person having control,
ownership, management authority or acts in loco parentis to a
residence, establishment or any location and is present and aware or
should be aware at the time of a medical emergency of a guest, to
require the Social Host to notify emergency responders to the scene
of the emergency.

Section Two - stipulates this act shall take effect January 1, 2013, to
allow for public education of the law.

JUSTIFICATION:

Every year throughout New York, citizens are injured and many die as
the result of medical emergencies that go unreported to emergency
responders who can render first aid to those in need of such
assistance. Amongst the numerous cases that call for this legislation
is the incident involving Steven Kovacs, a young citizen who was left
to die in a private residence following a social gathering. Mr.
Kovacs illness was known to the social host in charge of the premises
and yet no emergency notification was made to provide Mr. Kovacs with
basic medical aid that may have saved his life. Most often, people
fall victim to overindulgence of alcohol and narcotics during social
events at private premises as well as commercial establishments such
as bars, clubs and concerts.

Unfortunately, the lack of a legal obligation-of the social host in
charge of the premises to notify emergency responders of a medical
emergency once they become aware of such an emergency results in
countless deaths and serious injuries which may be prevented by
obligating the social host to make such a notification. This act
shall affirm as a matter of public policy, the obligations of the
social host to notify medical responders to a scene in order to
provide the victim of such an emergency the best possible chance of
surviving.

FISCAL IMPACT:
None.

EFFECTIVE DATE:
This act shall take effect on the sixtieth day after becoming law.

2011-S7560 - Bill Text download pdf

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

                                  7560

                            I N  S E N A T E

                              June 4, 2012
                               ___________

Introduced  by  Sen. MARTINS -- 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 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-
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.

                                                           LBD15634-03-2

S. 7560                             2

LIABLE FOR DAMAGES FOR INJURIES ALLEGED TO HAVE BEEN SUSTAINED  BY  SUCH
GUEST  OR  FOR  DAMAGES  FOR  THE  DEATH  OF  SUCH GUEST ALLEGED TO HAVE
OCCURRED BY REASON OF SUCH FAILURE. REASONABLE  ASSISTANCE  MAY  INCLUDE
OBTAINING  OR  ATTEMPTING  TO OBTAIN AID FROM LAW ENFORCEMENT OR MEDICAL
PERSONNEL.
  3. NOTWITHSTANDING SUBDIVISION TWO OF THIS SECTION, ONCE A SOCIAL HOST
HAS UNDERTAKEN TO RENDER  REASONABLE  ASSISTANCE  TO  A  GUEST,  WITHOUT
EXPECTATION  OF  MONETARY  COMPENSATION,  SUCH  SOCIAL HOST SHALL NOT BE
LIABLE FOR ANY CIVIL DAMAGES AS A RESULT OF ACTS OR  OMISSIONS  BY  THAT
PERSON  IN RENDERING SUCH ASSISTANCE, UNLESS IT IS ESTABLISHED THAT SUCH
INJURIES WERE OR SUCH DEATH WAS CAUSED BY GROSS NEGLIGENCE ON  THE  PART
OF SUCH PERSON.
  S  3.  This  act  shall take effect on the sixtieth day after it shall
have become a law.

2011-S7560A (ACTIVE) - Details

See Assembly Version of this Bill:: A10113
Current Committee:: Senate 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:: S1178, A3303

2011-S7560A (ACTIVE) - Summary

Enacts 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.

2011-S7560A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S7560A

TITLE OF BILL:
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

PURPOSE:
This legislation will make a social host liable for failing to notify
emergency responders when a guest becomes incapacitated on the host's
private premises.

SUMMARY OF PROVISIONS:
Section one cites the title of the bill as the "Steven Kovacs Law."

Section two defines a host as a person having control over a private
premises, and sets forth other relevant definitions of guest and
private premises. Furthermore the bill imposes liability over a host,
who is present and has actual knowledge that a guest on their private
premises is suffering or has suffered a medical emergency, for
failing to give reasonable assistance, including notifying an
emergency responder.

Section three sets the enacting date on the sixtieth day after it
shall have become a law.

JUSTIFICATION:
Every year New York residents are injured and many die as the result
of medical emergencies that go unreported to emergency responders who
can render first-aid to those in need of such assistance. One of the
numerous cases that led to the need for this legislation is the
incident involving Steven Kovacs, a young man who was left to die in
a private residence following a social gathering. Mr. Kovacs illness
was known to the social host in charge of the premises and yet no
emergency notification was made to provide Mr.
Kovacs with basic medical aid that may have saved his life. Most
often, people fall victim to overindulgence of alcohol and narcotics
during social events at private premises as well as commercial
establishments such as bars, clubs and concerts.

Unfortunately, the lack of a legal obligation-of the social host in
charge of the premises to notify emergency responders of a medical
emergency once they become aware of such an emergency results in
countless deaths and serious injuries which may be prevented by
obligating the social host to make such a notification. This act
shall affirm as a matter of public policy, the obligations of the
social host to notify medical responders to a scene in order to

provide the victim of such an emergency the best possible chance of
surviving.

FISCAL IMPACT:
None.

EFFECTIVE DATE:
This act shall take effect on the sixtieth day after
becoming law.

2011-S7560A (ACTIVE) - Bill Text download pdf

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

                                 7560--A

                            I N  S E N A T E

                              June 4, 2012
                               ___________

Introduced  by  Sen. MARTINS -- 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 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
OCCURRED  BY  REASON  OF SUCH FAILURE. REASONABLE ASSISTANCE MAY INCLUDE

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

                                                           LBD15634-04-2

S. 7560--A                          2

OBTAINING OR ATTEMPTING TO OBTAIN AID FROM LAW  ENFORCEMENT  OR  MEDICAL
PERSONNEL.
  3.  NOTWITHSTANDING  SUBDIVISION  TWO  OF THIS SECTION, ONCE A HOST OR
OTHER PERSON AT THE PRIVATE PREMISES HAS UNDERTAKEN TO RENDER REASONABLE
ASSISTANCE TO A GUEST, IT SHALL BE A COMPLETE DEFENSE AGAINST ANY  CLAIM
FOR  CIVIL  DAMAGES ALLEGEDLY CAUSED BY ACTS OR OMISSIONS OF SUCH PERSON
IN RENDERING SUCH ASSISTANCE, UNLESS IT IS ESTABLISHED THAT  SUCH  INJU-
RIES  OR  DEATH  WERE  CAUSED  BY  GROSS  NEGLIGENCE ON THE PART OF SUCH
PERSON.
  S 3. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.

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Senate Bill S7560A

Sponsored By

Archive: Last Bill Status - In Senate Committee Judiciary Committee

Actions

Bill Amendments

2011-S7560 - Details

2011-S7560 - Summary

2011-S7560 - Sponsor Memo

2011-S7560 - Bill Text download pdf

2011-S7560A (ACTIVE) - Details

2011-S7560A (ACTIVE) - Summary

2011-S7560A (ACTIVE) - Sponsor Memo

2011-S7560A (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Jack M. Martins

Archive: Last Bill Status - In Senate Committee Judiciary Committee

Actions

Bill Amendments

2011-S7560 - Details

2011-S7560 - Summary

2011-S7560 - Sponsor Memo

2011-S7560 - Bill Text download pdf

2011-S7560A (ACTIVE) - Details

2011-S7560A (ACTIVE) - Summary

2011-S7560A (ACTIVE) - Sponsor Memo

2011-S7560A (ACTIVE) - Bill Text download pdf

Comments