Assembly Bill A3303B

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - Vetoed by Governor


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Vetoed By Governor
  • Signed By Governor

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Bill Amendments

2013-A3303 - Details

See Senate Version of this Bill:
S1178
Law Section:
General Obligations Law
Laws Affected:
Add Art 9 Title 2 §9-201, Gen Ob L
Versions Introduced in 2011-2012 Legislative Session:
A10113, S7560

2013-A3303 - Summary

Enacts 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.

2013-A3303 - Bill Text download pdf

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

                                  3303

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 24, 2013
                               ___________

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  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.
                                                           LBD05048-01-3
              

2013-A3303A - Details

See Senate Version of this Bill:
S1178
Law Section:
General Obligations Law
Laws Affected:
Add Art 9 Title 2 §9-201, Gen Ob L
Versions Introduced in 2011-2012 Legislative Session:
A10113, S7560

2013-A3303A - Summary

Enacts 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.

2013-A3303A - Bill Text download pdf

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

                                 3303--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 24, 2013
                               ___________

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  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.
  (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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05048-03-3
              

co-Sponsors

2013-A3303B (ACTIVE) - Details

See Senate Version of this Bill:
S1178
Law Section:
General Obligations Law
Laws Affected:
Add Art 9 Title 2 §9-201, Gen Ob L
Versions Introduced in 2011-2012 Legislative Session:
A10113, S7560

2013-A3303B (ACTIVE) - Summary

Enacts 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.

2013-A3303B (ACTIVE) - Bill Text download pdf

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

                                 3303--B

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 24, 2013
                               ___________

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  --  recommitted  to  the
  Committee  on  Judiciary in accordance with Assembly Rule 3, sec. 2 --
  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 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.
  (D) "GUEST" MEANS A PERSON WHO IS PHYSICALLY PRESENT  ON  THE  PRIVATE
PREMISES OF A HOST, AS AN EXPRESSED INVITEE OF THE HOST.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05048-04-4

              

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