senate Bill S1178B

Vetoed By Governor
2013-2014 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 Via A3303 - Vetoed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Vetoed by Governor

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Actions

view actions (19)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Dec 17, 2014 tabled
vetoed memo.532
Dec 05, 2014 delivered to governor
Jun 18, 2014 returned to assembly
passed senate
3rd reading cal.78
substituted for s1178b
Jun 18, 2014 substituted by a3303b
Jun 12, 2014 amended on third reading 1178b
Feb 04, 2014 advanced to third reading
Feb 03, 2014 2nd report cal.
Jan 28, 2014 1st report cal.78
Jan 08, 2014 referred to judiciary
Jun 21, 2013 committed to rules
Jun 10, 2013 advanced to third reading
amended 1178a
Jun 05, 2013 2nd report cal.
Jun 04, 2013 1st report cal.1013
Jan 09, 2013 referred to judiciary

Votes

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Jan 28, 2014 - Judiciary committee Vote

S1178A
9
3
committee
9
Aye
3
Nay
10
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Jun 4, 2013 - Judiciary committee Vote

S1178
12
2
committee
12
Aye
2
Nay
9
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

S1178 - Bill Details

See Assembly Version of this Bill:
A3303B
Law Section:
General Obligations Law
Laws Affected:
Add Art 9 Title 2 §9-201, Gen Ob L
Versions Introduced in 2011-2012 Legislative Session:
S7560A, A10113B

S1178 - Bill Texts

view summary

Enacts 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.

view sponsor memo
BILL NUMBER:S1178

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 effective 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.

PRIOR LEGISLATIVE HISTORY: S.7650-A (2012)


FISCAL IMPACT:
None.

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

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

                                  1178

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

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  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05048-01-3

S. 1178                             2

SUSTAINED BY SUCH GUEST OR FOR DAMAGES FOR THE DEATH OF SUCH GUEST WHICH
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 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.

S1178A - Bill Details

See Assembly Version of this Bill:
A3303B
Law Section:
General Obligations Law
Laws Affected:
Add Art 9 Title 2 §9-201, Gen Ob L
Versions Introduced in 2011-2012 Legislative Session:
S7560A, A10113B

S1178A - Bill Texts

view summary

Enacts 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.

view sponsor memo
BILL NUMBER:S1178A

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 requires a host to notify emergency
responders when they have actual knowledge of a medical emergency of a
guest on the host's private premises.

SUMMARY OF PROVISIONS:

Section one cites the title of the as the "Steven Kovacs Law."

Section two defines a host as a person over eighteen years of age
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 Yorkers are seriously injured and many
die as the result of medical emergencies that go unreported to
emergency responders who could have rendered first-aid to those in
need of such assistance. One of the numerous cases that led to the
need for this legislation is an incident involving Steven Kovacs, a
young man who was left to die in a private residence following a
social gathering. Mr. Kovacs' serious medical state was known to the
person in charge or the premises and yet no emergency notification was
made that could have provided Kovacs with basic medical aid and
possibly saved his life.

Unfortunately, the lack of any obligation to notify emergency
responders of medical emergency once they become aware of such an
emergency results in countless avoidable deaths and serious injuries
which could have been Prevented had such a notification been
attempted. This act shall affirm as a matter of public policy, the
obligations of a residential host to simply notify emergency personnel
in order to provide the victim of such an emergency the best possible
chance of surviving, as one would expect any reasonable person to do.
The mere act of notification of emergency responders by the host or
any other person at the premises is a complete defense against any
claim for damages.

PRIOR LEGISLATIVE HISTORY: S. 7650-A (2012)

FISCAL IMPACT: None.

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


view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1178--A
    Cal. No. 1013

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen. MARTINS -- read twice and ordered printed, and when
  printed to be committed to the  Committee  on  Judiciary  --  reported
  favorably  from  said  committee,  ordered to first and second report,
  amended on second report, ordered  to  a  third  reading,  and  to  be
  reprinted  as amended, retaining its place in the order of third read-
  ing

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 OVER EIGHTEEN YEARS OF AGE 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05048-02-3

S. 1178--A                          2

  (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
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.

S1178B (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A3303B
Law Section:
General Obligations Law
Laws Affected:
Add Art 9 Title 2 §9-201, Gen Ob L
Versions Introduced in 2011-2012 Legislative Session:
S7560A, A10113B

S1178B (ACTIVE) - Bill Texts

view summary

Enacts 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.

view sponsor memo
BILL NUMBER:S1178B

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 requires a host to notify emergency
responders when they have actual knowledge of a medical emergency of a
guest 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 over eighteen years of age
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 Yorkers are seriously injured and many
die as the result of medical emergencies that go unreported to
emergency responders who could have rendered first-aid to those in
need of such assistance. One of the numerous cases that led to the
need for this legislation is an incident involving Steven Kovacs, a
young man who was left to die in a private residence following a
social gathering. Mr. Kovacs' serious medical state was known to the
person in charge of the premises and yet no emergency notification was
made that could have provided Mr. Kovacs with basic medical aid and
possibly saved his life.

Unfortunately, the lack of any obligation to notify emergency
responders of a medical emergency once they become aware of such an
emergency results in countless avoidable deaths and serious injuries
which could have been prevented had such a notification been
attempted. This act shall affirm as a matter of public policy, the
obligations of a residential host to simply notify emergency personnel
in order to provide the victim of such an emergency the best possible
chance of surviving, as one would expect any reasonable person to do.
The mere act of notification of emergency responders by the host or
any other person at the premises is a complete defense against any
claim for damages.

PRIOR LEGISLATIVE HISTORY: S. 7650-A (2012)

FISCAL IMPACT: None.

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


view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1178--B
    Cal. No. 78

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen. MARTINS -- read twice and ordered printed, and when
  printed to be committed to the  Committee  on  Judiciary  --  reported
  favorably  from  said  committee,  ordered to first and second report,
  amended on second report, ordered  to  a  third  reading,  and  to  be
  reprinted  as amended, retaining its place in the order of third read-
  ing -- recommitted to the Committee on Judiciary  in  accordance  with
  Senate  Rule  6,  sec.  8  --  reported favorably from said committee,
  ordered to first and  second  report,  ordered  to  a  third  reading,
  amended  and  ordered  reprinted,  retaining its place in the order of
  third reading

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 OVER EIGHTEEN YEARS OF AGE HAVING  CONTROL
OVER A PRIVATE PREMISES.
  (B)  "CONTROL"  MEANS  THE  ACTUAL  AUTHORITY AND ABILITY TO REGULATE,
DIRECT OR DOMINATE THE PRIVATE PREMISES.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05048-05-4

S. 1178--B                          2

  (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, AS AN EXPRESSED INVITEE OF THE HOST.
  2. A HOST WHO IS PRESENT AND HAS EXPRESSLY INVITED A GUEST TO BE PRES-
ENT UPON THE PRIVATE PREMISES OVER WHICH THE HOST EXERCISES CONTROL, HAS
A DUTY TO PROVIDE REASONABLE ASSISTANCE TO SAID INVITEE WHO IS SUFFERING
OR HAS SUFFERED A MEDICAL EMERGENCY WHICH REASONABLY APPEARS TO THREATEN
THE LIFE OF THE GUEST. UPON FAILURE TO  GIVE  REASONABLE  ASSISTANCE  TO
SUCH  GUEST  AFTER  A REQUEST FOR SUCH ASSISTANCE, AFTER HAVING OBTAINED
KNOWLEDGE THAT SUCH ASSISTANCE WAS REASONABLY WARRANTED, SAID HOST 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. SAID  DUTY  SHALL  BE  SATISFIED  BY  OBTAINING  OR  REASONABLY
ATTEMPTING TO OBTAIN AID FROM LAW ENFORCEMENT OR MEDICAL PERSONNEL.
  3. NOTWITHSTANDING SUBDIVISION TWO OF THIS SECTION, ONCE A HOST AT THE
PRIVATE  PREMISES  HAS  UNDERTAKEN  TO RENDER REASONABLE ASSISTANCE TO A
GUEST, IT SHALL BE A COMPLETE DEFENSE  AGAINST  ANY  CLAIM  FOR  DAMAGES
ALLEGEDLY  CAUSED  BY ACTS OR OMISSIONS OF SUCH PERSON IN RENDERING SUCH
ASSISTANCE, UNLESS IT IS ESTABLISHED THAT SUCH INJURIES  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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