Bill Text: CA SB127 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Automatic external defibrillators: health studios.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2010-09-29 - Chaptered by Secretary of State. Chapter 500, Statutes of 2010. [SB127 Detail]

Download: California-2009-SB127-Amended.html

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BILL NUMBER: SB 127	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 1, 2010
	AMENDED IN SENATE  MAY 20, 2009

INTRODUCED BY   Senator Calderon

                        FEBRUARY 5, 2009

    An act to amend Sections 2924, 2924b, 2924c, and 2924f
of, and to add Sections 2924.9 and 2924.10 to, the Civil Code,
relating to mortgages.   An act to amend Section 104113
of the Health and Safety Code, relating to automatic external
defibrillators. 



	LEGISLATIVE COUNSEL'S DIGEST


   SB 127, as amended, Calderon.  Mortgages.  
Automatic external defibrillators: health studios.  
   Under existing law, commencing January 1, 2008, and continuing
until July 1, 2012, a health studio, as defined, is required to
acquire an automatic external defibrillator and to meet specified
training and maintenance standards relating to that device. Under
existing law, when a health studio employee uses an automatic
external defibrillator, as specified, the owners, managers,
employees, or otherwise responsible authorities of the facility shall
not be liable for civil damages resulting from an act or omission in
the course of rendering that emergency care or treatment, as
required.  
   This bill would provide that a health studio that allows its
members access to its facilities during operating hours when
employees trained in the use of automatic external defibrillators are
not on the facility premises, waives the above exemption from
liability for civil damages and the affirmative defense of primary
assumption of the risk, whether express or implied, as to a claim
arising out of the absence of trained staff.  
   Existing law governs the transfer of an interest in property in
the case of a default on a mortgage. Existing law requires a
mortgagee, trustee, or other person authorized to record the notice
of default or notice of sale to make specified disclosures after
recording the notice of default or notice of sale and prior to the
date of sale. A notice of sale must be recorded with the county
recorder at least 14 days prior to the date of sale. 

   Existing law exempts a trustee from liability for any good faith
error resulting from reliance on information provided in good faith
by the beneficiary in performing these and other related acts
regarding the nature and the amount of the default, as specified.
 
   This bill would revise that provision by deleting the
qualification that the information be in regards to the nature and
amount of the default, as specified, and would additionally exempt
the trustee from liability for any good faith clerical error the
trustee makes in performing acts required pursuant to the provisions
described above and other related provisions governing mortgage
defaults with respect to recording the notice of sale. 

   This bill would require a mortgagee, trustee, or other person
authorized to record a notice of sale or notice of default to make
specified disclosures either on an Internet Web site or in a
telephone recording that is accessible 24 hours a day, 7 days a week
and make a related change. This bill would also extend the time
during which the notice of sale must be recorded from 14 to 20 days.
 
   The bill would require a beneficiary to provide an opening bid to
a trustee at least one week prior to the first scheduled sale date.
The bill would authorize the beneficiary to update the opening bid
prior to the sale, as specified, and would authorize a beneficiary
who provides an opening bid to accept a higher bid. 

   The bill would also require a trustee to provide a list of liens
and encumbrances upon a trust property and to charge a reasonable fee
for the information, as specified. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 104113 of the   Health
and Safety Code   is amended to read: 
   104113.  (a) (1) Commencing July 1, 2007, every health studio, as
defined in subdivision  (g)   (h),  shall
acquire an automatic external defibrillator. The requirement to
acquire an automatic external defibrillator pursuant to this
subdivision shall terminate on July 1, 2012.
   (2) Commencing July 1, 2007, and until July 1, 2012, every health
studio, as defined in subdivision  (g)   (h)
 , shall maintain, and train personnel in the use of, 
any   an  automatic external defibrillator acquired
pursuant to paragraph (1).
   (3) On or after July 1, 2012, a health studio that elects to
continue the installation of an automatic external defibrillator that
was acquired pursuant to paragraph (1) shall maintain and train
personnel in the use of an automatic external defibrillator pursuant
to this section, and shall not be liable for civil damages resulting
from the use, attempted use, or nonuse of an automatic external
defibrillator as provided by this section.
   (b) An employee of a health studio who renders emergency care or
treatment is not liable for civil damages resulting from the use,
attempted use, or nonuse of an automatic external defibrillator,
except as provided in subdivision (f).
   (c) When an employee uses, does not use, or attempts to use
 ,  an automatic external defibrillator consistent
with the requirements of this section to render emergency care or
treatment, the members of the board of directors of the facility
shall not be liable for civil damages resulting from  any
  an  act or omission in rendering the emergency
care or treatment, including the use or nonuse of an automatic
external defibrillator, except as provided in subdivision (f).
   (d) Except as provided in  subdivision (f)  
subdivisions (f) and (g)  , when an employee of a health studio
renders emergency care or treatment using an automatic external
defibrillator, the owners, managers, employees, or otherwise
responsible authorities of the facility shall not be liable for civil
damages resulting from  any   an  act or
omission in the course of rendering that emergency care or treatment,
provided that the facility fully complies with subdivision (e).
   (e) Notwithstanding Section 1797.196, in order to ensure public
safety, a health studio shall do all of the following:
   (1) Comply with all regulations governing the placement of an
automatic external defibrillator.
   (2) Ensure all of the following:
   (A) The automatic external defibrillator is maintained and
regularly tested according to the operation and maintenance
guidelines set forth by the manufacturer, the American Heart
Association, or the American Red Cross, and according to any
applicable rules and regulations set forth by the governmental
authority under the federal Food and Drug Administration and any
other applicable state and federal authority.
   (B) The automatic external defibrillator is checked for readiness
after each use and at least once every 30 days if the automatic
external defibrillator has not been used in the preceding 30 days.
 Records of these checks shall be maintained.  
The health studio shall maintain records of these checks. 
   (C)  Any   A  person who renders
emergency care or treatment  on   to  a
person in cardiac arrest by using an automatic external defibrillator
activates the emergency medical services system as soon as possible,
and reports  any   the  use of the
automatic external defibrillator to the licensed physician and to the
local EMS agency.
   (D) For every automatic external defibrillator unit acquired, up
to five units, no less than one employee per automatic external
defibrillator unit shall complete a training course in
cardiopulmonary resuscitation and automatic external defibrillator
use that complies with the regulations adopted by the Emergency
Medical Services Authority and the standards of the American Heart
Association or the American Red Cross. After the first five automatic
external defibrillator units are acquired, for each additional five
automatic external defibrillator units acquired, a minimum of one
employee shall be trained beginning with the first additional
automatic external defibrillator unit acquired. Acquirers of
automatic external defibrillator units shall have trained employees
who should be available to respond to an emergency that may involve
the use of an automatic external defibrillator unit during 
normal   staffed  operating hours. Acquirers of
automatic external defibrillator units may need to train additional
employees to  assure   ensure  that a
trained employee is available at all times.
   (E) There is a written plan that exists that describes the
procedures to be followed in the event of an emergency that may
involve the use of an automatic external defibrillator, to ensure
compliance with the requirements of this section. The written plan
shall include, but not be limited to, immediate notification of 911
and trained office personnel at the start of automatic external
defibrillator procedures.
   (f) Subdivisions (b), (c), and (d) do not apply in the case of
personal injury or wrongful death that results from gross negligence
or willful or wanton misconduct on the part of the person who uses,
attempts to use, or maliciously fails to use an automatic external
defibrillator to render emergency care or treatment. 
   (g) A health studio that allows its members access to its
facilities during operating hours when employees trained in the use
of automatic external defibrillators are not on the facility
premises, waives the provisions of subdivision (d) and the
affirmative defense of primary assumption of the risk, whether
express or implied, as to a claim arising out of the absence of
trained staff.  
   (g) 
    (h)  For purposes of this section, "health studio" means
 any   a  facility permitting the use of
its facilities and equipment or access to its facilities and
equipment, to individuals or groups for physical exercise, body
building, reducing, figure development, fitness training, or any
other similar purpose, on a membership basis. "Health studio" does
not include  any   a  hotel or similar
business that offers fitness facilities to its registered guests for
a fee or as part of the hotel charges. All matter omitted in this
version of the bill appears in the bill as amended in the Senate, May
20, 2009. (JR11)