Bill Text: OR SB1033 | 2010 | 1st Special Session | Introduced

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

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Bill Title: Relating to automated external defibrillators in schools.

Spectrum: Partisan Bill (Republican 7-0)

Status: (Passed) 2010-03-10 - Effective date, January 1, 2011. [SB1033 Detail]

Download: Oregon-2010-SB1033-Introduced.html

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     75th OREGON LEGISLATIVE ASSEMBLY--2010 Special Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 103

                        Senate Bill 1033

Sponsored by Senator ATKINSON; Senators BOQUIST, GIROD, KRUSE,
  MORSE, WHITSETT, WINTERS (Presession filed.)

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Requires schools to have automated external defibrillators on
premises.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to automated external defibrillators in schools;
  creating new provisions; amending ORS 431.680 and 431.690; and
  declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Each school in a school district, private
school and public charter school shall have on the premises at
least one automated external defibrillator. + }
  SECTION 2. ORS 431.680 is amended to read:
  431.680. (1) As used in this section, 'health club' means an
indoor facility:
  (a) With the primary purpose of offering exercise or athletic
activities that patrons or members may participate in for a fee;
and
  (b) That typically has at the facility on a regular business
day 100 or more persons who are employees, patrons or members
participating in the exercise or athletic activities offered at
the facility.
  (2) The owner of a health club shall have on the premises at
all times at least one automated external defibrillator.
  (3) Subsection (2) of this section does not apply to  { - : - }

    { - (a) Any facility owned by an education service district,
public charter school or school district; or - }
    { - (b) any - }   { + a + } facility owned by a hotel as
defined in ORS 699.005.
  SECTION 3. ORS 431.690 is amended to read:
  431.690. (1) As used in this section, 'place of public
assembly' means a facility that has 50,000 square feet or more of
floor space and where:
  (a)(A) The public congregates for purposes such as
deliberation, shopping, entertainment, amusement or awaiting
transportation; or
  (B) Business activities are conducted; and
  (b) At least 25 individuals congregate on a normal business
day.
  (2) Notwithstanding ORS 431.680   { - (3)(b) - }  { +  (3) + },
the owner of a place of public assembly shall have on the
premises at least one automated external defibrillator.
  (3)(a) Notwithstanding the requirements of ORS 30.802, a person
may not bring a cause of action against the owner of a place of
public assembly who complies with subsection (2) of this section
for injury, death or loss that results from acts or omissions
involving the use, attempted use or nonuse of an automated
external defibrillator.
  (b) Nothing in this subsection limits the liability of an owner
for damages resulting from the owner's gross negligence or
reckless, wanton or intentional misconduct.
  (4) Subsections (2) and (3) of this section do not apply to
 { - : - }
    { - (a) A facility owned by a school district, education
service district, private school or public charter school; or - }

    { - (b) - }  a facility primarily used for worship or
education associated with worship.
  SECTION 4.  { + This 2010 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2010 Act takes effect on its
passage. + }
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