House Bill 1312

(As Sent to Governor)

AN ACT TO PROVIDE THAT A SPONSOR OR ADVERTISER OF AN EVENT SHALL NOT BE HELD VICARIOUSLY LIABLE FOR THE NEGLIGENCE OF ANOTHER IN CONNECTION WITH HIS INVOLVEMENT AS A SPONSOR OR ADVERTISER, IF HE DOES NOT EXERCISE ANY CONTROL OR SUPERVISION OVER ANY ASPECT OF THE EVENT; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) For purposes of this section, the following words and phrases shall have the meanings ascribed in this section unless the context clearly indicates otherwise:

(a) "Sponsor" or "advertiser" means any person, corporation or legal entity who, for charitable purposes or for the promotion of the health, peace and welfare of the community, donates or contributes products, material, money or pays fees for advertising or displaying trademarks in order that an event may be held or conducted.

(b) "Event" means a concert, benefit, fundraiser, auction or other occasion at which entertainment, food or beverages are provided.

(2) A sponsor or advertiser of an event shall not be held vicariously liable for the negligence of another in connection with or as a consequence of his involvement as a sponsor or advertiser of an event if he does not exercise any control or supervision over any aspect of the event.

(3) This section shall not confer immunity on a sponsor or advertiser of an event for willful acts or gross negligence, and a sponsor or advertiser of an event shall not be considered to be a part of a joint venture or the principal of an agent, with regard to any other person, corporation or legal entity which is participating in the event in a capacity other than that of a sponsor or advertiser.

SECTION 2. This act shall take effect and be in force from and after its passage.