BILL ANALYSIS                                                                                                                                                                                                    Ó



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          Date of Hearing:  July 7, 2015


                   ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS


                                Susan Bonilla, Chair


                      SB 287(Hueso) - As Amended June 23, 2015


          SENATE VOTE:  28-3


          NOTE:  This bill is double-referred, and if passed by this  
          Committee, it will be referred to the Assembly Judiciary  
          Committee. 


          SUBJECT:  Automated external defibrillators (AEDs).


          SUMMARY:  Requires certain buildings, with capacities of 200  
          persons or greater, as specified, constructed on or after  
          January 1, 2016, to have an automated external defibrillator  
          (AED) on the premises.   


          EXISTING LAW:   


          1)Exempts from civil liability person who, in good faith and not  
            for compensation, renders emergency care or treatment by the  
            use of an AED at the scene of an emergency.  (Civil Code (CIV)  
            Section 1714.21)


          2)Exempts from civil liability a person or entity that provides  








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            CPR and AED training to a person who renders emergency care  
            pursuant to 1).  (CIV Section 1714.21(c))
          3)Exempts from civil liability a person or entity that acquires  
            an AED for emergency use pursuant to these provisions if that  
            person or entity has complied with the requirements in the  
            Health and Safety Code (HSC) pertaining to maintenance,  
            training, and use relating to AEDs, as specified.  (CIV  
            Section 1714.21(d))


          4)Exempts from civil liability a physician who is involved with  
            the placement of an AED and any person or entity responsible  
            for the site where an AED is located if that physician,  
            person, or entity has complied with the requirements in the  
            HSC pertaining to maintenance, training, and use relating to  
            AEDs, as specified, that apply to that physician, person, or  
            entity.  (CIV Section 1714.21(e))


          5)Provides that these protections do not apply in the case of  
            personal injury or wrongful death that result from the gross  
            negligence or willful or wanton misconduct of the person who  
            renders emergency care or treatment by the use of an AED.   
            (CIV Section 1714.21(f))


          6)Provides that nothing in these provisions shall relieve a  
            manufacturer, designer, developer, distributor, installer, or  
            supplier of an AED or defibrillator of any liability under any  
            applicable statute or rule of law.  (CIV Section 1714.21(g))  


          7)Authorizes the Emergency Medical Services Authority  
            (Authority) to establish minimum standards for the training  
            and use of AEDs.  (Health and Safety Code (HSC) Section  
            1797.190)


          8)To ensure public safety, exempts from civil liability any  








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            person or entity that acquires an AED if that person or entity  
            does all of the following:


             a)   Complies with all regulations governing the placement of  
               an AED.  (HSC Section 1797.196(b)(1))
             b)   Ensures all of the following:  


               i)     The AED is maintained and regularly tested according  
                 to the operation and maintenance guidelines set forth by  
                 the manufacturer, the American Heart Association (AHA),  
                 and 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;
               ii)The AED is checked for readiness after each use and at  
                 least once every 30 days if the AED has not been used in  
                 the preceding 30 days, and requires records of these  
                 checks to be maintained;


               iii)Any person who renders emergency care or treatment on a  
                 person in cardiac arrest by using an AED activates the  
                 emergency medical services system as soon as possible,  
                 and reports any use of the AED to the licensed physician  
                 and to the local EMS agency;


               iv)For every AED unit acquired up to five units, no less  
                 than one employee per AED unit complete a training course  
                 in cardiopulmonary resuscitation (CPR) and AED use that  
                 complies with the regulations adopted by the Authority  
                 and the standards of the AHA or the American Red Cross,  
                 and require an additional employee trained for each  
                 additional five AED units acquired, as specified.   
                 Requires those with AEDs to have trained employees who  
                 should be available to respond to an emergency that may  








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                 involve the use of an AED unit during normal operating  
                 hours; and 


               v)     There is a written plan that describes the  
                 procedures to be followed in the event of an emergency  
                 that may involve the use of an AED, to ensure compliance  
                 with the requirements of provisions, and requires the  
                 plan to include immediate notification of 911 and trained  
                 office personnel at the start of AED procedures.  (HSC  
                 Section 1797.196(b)(2))


             c)   When an AED is placed in a building, requires building  
               owners to:
               i)     Ensure that tenants annually receive a brochure,  
                 approved as to content and style by the American Heart  
                 Association or American Red Cross, which describes the  
                 proper use of an AED, and that similar information is  
                 posted next to any installed AED; and 
               ii)Notify their tenants at least annually as to the  
                 location of AED units in the building.  (HSC Section  
                 17971.196(b)(3),(4))


             d)   When an AED is placed in a public or private K-12  
               school, requires the principal to: 
               i)     Ensure that the school administrators and staff  
                 annually receive a brochure, approved as to content and  
                 style by the American Heart Association or the American  
                 Red Cross, that describes the proper use of an AED, and  
                 that similar information is posted next to every AED;
               ii)Notify school employees at least annually as to the  
                 location of all AED units on the campus; and 


               iii)Designate the trained employees who shall be available  
                 to respond to an emergency that may involve the use of an  
                 AED during normal operating hours, as specified.  (HSC  








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                 Section 1797.196(b)(5))


          9)Requires any person or entity that supplies an AED to do all  
            of the following:  (HSC Section 17971.196(c))
             a)   Notify an agent of the local Emergency Medical Services  
               agency of the existence, location, and type of AED  
               acquired.  (HSC Section 17971.196(c)(1))
             b)   Provide to the acquirer of the AED all information  
               governing the use, installation, operation, training, and  
               maintenance of the AED.  (HSC Section 17971.196(c)(2))


          10)Provides that a violation of this provision is not subject to  
            a misdemeanor, as specified.  (HSC Section 17971.196(d))
          11)Provides that these protections do not apply in the case of  
            personal injury or wrongful death that result from the gross  
            negligence or willful or wanton misconduct of the person who  
            renders emergency care or treatment by the use of an AED.   
            (HSC Section 17971.196(e))


          12)Provides that nothing in these provisions or Section 1714.21  
            of the CIV may be construed to require a building owner or a  
            building manager to acquire and have installed an AED in any  
            building.  (HSC Section 17971.196(f))


          THIS BILL: 


          13)Requires the following structures that are constructed on or  
            after January 1, 2016, as defined in the California Building  
            Standards Code, to have an AED on the premises subject to the  
            existing requirements listed in the HSC relating to  
            maintenance, training, and use:

             a)   Assembly buildings, as defined, with an occupancy of  
               greater than 300;








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             b)   Business buildings, educational buildings, factory  
               buildings, high-hazard buildings, institutional buildings,  
               mercantile buildings, and storage buildings, excluding  
               parking garages, as each of these buildings are defined,  
               and if they have occupancies of 200 or more; and,

             c)   Residential buildings, as defined, with occupancy of 200  
               or more, excluding single-family and multi-family dwelling  
               units.

          14)Exempts from civil liability a person or entity that supplies  
            an AED pursuant to these provisions, as specified in existing  
            provisions of the CIV and the HSC that condition immunity on  
            meeting certain requirements related to maintenance, training,  
            and use of an AED, as specified.

          15)Excludes structures owned or operated by any local entity  
            from the provisions of this bill.

          FISCAL EFFECT:  Unknown.  This bill is keyed "fiscal" by the  
          Legislative Counsel. 


          COMMENTS:  


          Purpose.  This bill is sponsored by the author.  According to  
          the author, "An estimated 350,000 individuals in the United  
          States will suffer this year from a Sudden Cardiac Arrest (SCA).  
           For every minute an individual goes without receiving  
          defibrillation from an AED, an individual's chances of surviving  
          from SCA go down by 10%.  Brain death and permanent death start  
          to occur 4-6 minutes after someone experiences cardiac arrest.   
          The use of an AED in a timely manner can increase an  
          individual's probability of survival by 70%.  By requiring AED  
          devices in newly constructed buildings with large occupancies,  
          we can ensure that more individuals will be within 4 minutes of  
          an AED, substantially increasing their chance of survival.  In  








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          my district, the City of San Diego has implemented a similar  
          ordinance, and has supported Project Heartbeat, which provides  
          AEDs and has saved 123 individuals."


          AEDs.  An AED is a lightweight, battery-operated portable device  
          that checks the heart rhythm and can deliver an electric shock  
          through the chest to the heart to try to restore a normal heart  
          rhythm.  AEDs are used to treat SCA.  An SCA is a condition in  
          which the heart suddenly and unexpectedly stops beating, which  
          stops blood flowing to the brain and other vital organs.   
          According to the AHA most SCAs result from ventricular  
          fibrillation ("v-fib").  This is a rapid and unsynchronized  
          heart rhythm starting in the heart's lower pumping chambers, or  
          the ventricles, which is a type of arrhythmia.  The heart must  
          be defibrillated quickly, because a victim's chance of surviving  
          drops by 10 percent for every minute a normal heartbeat is not  
          restored.  According to the National Heart, Lung, and Blood  
          Institute of the National Institutes of Health (NHLBI), 95% of  
          people who have SCA die from it within minutes.  


          A built-in computer in the AED checks a victim's heart rhythm  
          through adhesive electrodes, and calculates whether  
          defibrillation is needed.  If defibrillation is needed, a  
          recorded voice instructs the rescuer to press the shock button  
          on the AED.  This shock momentarily stuns the heart and stops  
          all activity, giving the heart the chance to resume beating  
          effectively.  Instructions guide the user through the process,  
          and the device prompts the user to let them know if and when  
          they should send a shock to the heart.  AEDs advise a shock only  
          for ventricular fibrillation or another life-threatening  
          condition relating to the heart.  According to the NHLBI,  
          "?learning how to use an AED and taking a CPR course are  
          helpful.  However, if trained personnel aren't available,  
          untrained people can also use an AED to help save someone's  
          life."   










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          According to the AHA, AEDs are safe to use by anyone who's been  
          trained to use them, and studies have shown that 90 percent of  
          the time AEDs are able to detect a rhythm that should be  
          defibrillated, and 95 percent of the time, AEDs are able to  
          recommend not shocking when the computer shows defibrillation is  
          not indicated.  According to the NHLBI, AEDs are "?safe to use.   
          There are no reports of AEDs harming bystanders or users.  Also,  
          there are no reports of AEDs delivering inappropriate shocks."  
          According to the AHA, most AEDs are estimated to cost $1,500 to  
          $2,000.       
          Building Classifications.  The California Building Standards  
          Code classifies buildings and structures by use and occupancy,  
          and requires a room or space that is intended to be occupied at  
          different times for different purposes to comply with all of the  
          requirements that are applicable to each of the purposes for  
          which the room or space will be occupied.  This bill would  
          require specified private and state structures, as defined in  
          the California Building Standards Code, to have AEDs on  
          premises.  These structures include the following: 


             1)   Assembly Group A buildings with an occupancy of greater  
               than 300, including a building or structure, or portion  
               thereof, used for the gathering of persons for purposes  
               such as civic, social, or religious functions; recreation,  
               food, or drink consumption or motion picture and television  
               production sound stages, approved production facilities and  
               production locations (e.g., theaters, banquet halls,  
               restaurants, bars, libraries, museums).

             2)   Business Group B buildings with an occupancy of 200 or  
               more, including a building or structure, or portion  
               thereof, used for office, professional, or service-type  
               transactions, including storage of records and accounts  
               (e.g. banks, salons, professional services offices, some  
               colleges).










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             3)   Educational Group E buildings with an occupancy of 200  
               or more, including a building or structure, or portion  
               thereof, used by more than six persons at any one time for  
               educational purposes through the 12th grade, except a  
               residence used as a home school for the children who  
               normally reside at the residence, or specified day care  
               facilities.



             4)   Factory Industrial Group F buildings with an occupancy  
               of 200 or more, including a building or structure, or  
               portion thereof, used for assembling, disassembling,  
               fabricating, finishing, manufacturing, packaging, repair or  
               processing operations that are not classified as a Group H  
               hazardous or Group S storage occupancy.



             5)   High-hazard Group H buildings with an occupancy of 200  
               or more, including a building or structure, or portion  
               thereof, that involves the manufacturing processing,  
               generation or storage of materials that constitute a  
               physical or health hazard in quantities in excess of those  
               allowed in control areas, as further defined.



             6)   Institutional Group I buildings with an occupancy of 200  
               or more, including a building or structure, or portion  
               thereof, in which care or supervision is provided to  
               persons who are or are not capable of self-preservation  
               without physical assistance or in which persons are  
               detained for penal or correctional purposes or in which the  
               liberty of the occupants is restricted (e.g. custodial care  
               facilities, hospitals, jails, prisons, nursing homes).










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             7)   Mercantile Group M buildings with an occupancy of 200 or  
               more, including a building or structure, or portion  
               thereof, used for the display and sale of merchandise and  
               involving stocks of goods, wares or merchandise incidental  
               to such purposes and accessible to the public (e.g.  
               department stores, markets, retail stores).



             8)   Residential Group R buildings with an occupancy of 200  
               or more, including a building or structure, or portion  
               thereof, used for sleeping purposes when not classified as  
               Group I occupancy or when not regulated by the California  
               Residential Code (e.g. boarding houses, hotels, assisted  
               living facilities, social rehabilitation facilities, group  
               homes).  



             9)   Storage Group S buildings with an occupancy of 200 or  
               more, including a building or structure, or portion  
               thereof, used for storage that is not classified as a  
               hazardous occupancy.  The bill specifically exempts parking  
               garages.


          Other AED programs.  In 2013, Oregon passed a law that required  
          owners of a place of public assembly, defined as a single  
          building that has 50,000 square feet or more of indoor floor  
          space and where the public congregates for purposes such as  
          deliberation, shopping, entertainment, amusement or awaiting  
          transportation, or where business activities are conducted and  
          at least 50 individuals congregate on a normal business day, to  
          have on the premises at least one AED.  


          In 2008, the City of San Diego passed an ordinance, which this  
          bill is modeled after, in part, requiring the placement of AEDs  








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          in all newly constructed buildings in the same occupancy groups  
          with the same occupant loads as specified in this bill.  This  
          ordinance also required AEDs to be located in a place to  
          optimally achieve a three minute response time to the person in  
          need of emergency care, and placed other requirements on  
          building owners relating to the maintenance, recordkeeping,  
          training, and use of the AED, as specified.  According to the  
          San Diego Project Heart Beat, the City's Public Access  
          Defibrillation/CPR Program managed by the San Diego Fire-Rescue  
          Department operated jointly with Rural/Metro Ambulance, over 123  
          lives have been saved as a result of the program.


          Current Related Legislation.  SB 658 (Hill), revises the  
          maintenance, training, and use requirements for placement of  
          AEDs in commercial buildings and K-12 schools that are  
          conditions for obtaining qualified immunity from civil liability  
          for the selection, installation, placement, and use of AEDs in  
          those facilities.  STATUS:  This bill is pending on the Assembly  
          Floor.  


          AB 2217 (Melendez) Chapter 812, Statutes of 2014, authorized a  
          public school to solicit and receive nonstate funds to acquire  
          and maintain an AED; provided that the employees of the school  
          district are not liable for civil damages resulting from certain  
          uses, attempted uses, or nonuses of an AED, except as provided;  
          and provided that a public school or school district that  
          complies with certain requirements related to an AED is not  
          liable for any civil damages resulting from any act or omission  
          in the rendering of the emergency care or treatment, except as  
          specified.


          Prior Related Legislation.  SB 1436 (Lowenthal), Chapter 71,  
          Statutes of 2012, removed the sunset date for civil immunity in  
          connection with the use of AEDs, thereby making that immunity  
          permanent.









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          SB 1281 (Padilla) of 2010, would have repealed provisions  
          relating to the maintenance, training, and use of AEDs.  NOTE:   
          This bill was held in the Senate Judiciary Committee.   


          SB 127 (Calderon) Chapter 500, Statutes of 2010, removed the  
          July 1, 2012 sunset date for existing requirements that every  
          health studio acquires and maintains an AED and trains personnel  
          in its use, thereby extending these requirements indefinitely.


          SB 63 (Price) of 2011, would have authorized a public high  
          school to solicit and receive nonstate funds to acquire and  
          maintain an AED, and require a public high school that acquired  
          an AED, or continued to use an AED, to comply with specified  
          requirements.  NOTE:  This bill was held in the Senate  
          Appropriations Committee.   


          AB 1312 (Swanson) of 2009, would have made existing requirements  
          for health studios to purchase, maintain, and train staff in the  
          use of automatic external defibrillators applicable to amusement  
          parks and golf courses, and revised the sunset date on this  
          requirement from July 1, 2012 to July 1, 2014.  NOTE:  This bill  
          was vetoed by Governor Schwarzenegger due to the lack of a  
          "?compelling need to extend the 2012 sunset date at this time,  
          especially when a reasonable exemption for a particular type of  
          business model was sought and rejected." 


          AB 2083 (Vargas) Chapter 85, Statutes of 2006, extended the  
          sunset date from 2008 to 2013 on the operative provisions of  
          existing law which provide immunity from civil damages for  
          persons or entities that acquire AEDs and comply with  
          maintenance, testing, and training requirements.


          AB 1507 (Pavley) Chapter 431, Statutes of 2005, required all  








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          health studios in the state to have AEDs available with properly  
          trained personnel until July 1, 2012.


          AB 1145 (Shirley Horton) Chapter 5, Statutes of 2004, required  
          the Department of General Services to apply for specified  
          federal funds for the purchase of automated external  
          defibrillators to be located within state-owned and leased  
          buildings, as specified.


          AB 2041 (Vargas) Chapter 718, Statutes of 2002, expanded the  
          immunity protections for the use or purchase of an AED, and  
          included a sunset date of 2008.


          SB 911 (Figueroa), Chapter 163, Statutes of 1999, created  
          qualified immunity from civil liability for trained persons who  
          use in good faith and without compensation an AED in rendering  
                                                                                     emergency care or treatment at the scene of an emergency.


          ARGUMENTS IN SUPPORT: 


          According to the  California Professional Firefighters  , "When  
          lives are on the line, every second counts.  And, when an AED is  
          used to treat cardiac arrest, it serves as a life-saving device  
          given that cardiac arrest is a sudden condition that can be  
          fatal if not treated within a few minutes.  Because [this bill]  
          would enhance the likelihood of a cardiac arrest victim's  
          survival by making AEDs readily available in these instances, we  
          urge your support for SB 287." 



          According to the  American Heart Association (AHA)  and the  
           American Stroke Association  , "Every year there are over 300,000  
          out-of-hospital cardiac arrests in the United States.  Sadly,  








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          only 10 percent of victims who suffer a cardiac arrest outside  
          of a hospital setting survive, largle in part because many  
          victims do not receive timely CPR or AED application. We support  
          placing AEDs in targeted public areas such as sports arenas,  
          gated communities, office complexes, doctor's offices, shopping  
          malls and other public venues.  When AEDs are placed in the  
          community or a business or facility, the AHA strongly encourages  
          that they be part of a public access to defibrillation program."
          According to the  Sudden Cardiac Arrest Foundation  , "The  
          likelihood of survival from SCA decreases by about 10 percent  
          each minute from the time of collapse until the time of  
          treatment with a defibrillator.  If the victim is not treated  
          with a defibrillator within 10 minutes of collapse, survival is  
          unlikely.  Unfortunately, even the best emergency medical  
          services typically cannot arrive at the scene of an emergency  
          within 10 minutes of collapse?.AEDs are safe, effective, and  
          designed for use by laypersons.  They provide simple audio and  
          visual instructions.  They automatically diagnose potentially  
          life-threatening heart rhythms.  If an AED detects a problem  
          that may respond positively to an electric shock, it permits a  
          shock to be delivered to restore a normal heart rhythm.  Given  
          these facts and the fact that AEDs are increasing  
          affordable?[,b]y requiring AED deployment as part of an  
          emergency response plan, we can secure a more effective and  
          efficient emergency response system in California commercial  
          properties."  


          ARGUMENTS IN OPPOSITION:


          The  California Business Properties Association  ,  Commercial Real  
          Estate Development Association  ,  International Council of  
          Shopping Centers  , and the  Building Owners and Managers  
          Association of California  , all write in opposition, "Because of  
          the life-saving potential of AEDs and their proven efficacy, we  
          too encourage accessibility of these devices in places where  
          cardiac arrest may be a significant risk.  Many of our members  
          currently have them installed in their buildings today.  As such  








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          we have support reform of the statute that would remove outdated  
          requirements which have become barriers to installation.  This  
          year, those reform provisions are contained in SB 658  
          (Hill)?.Therefore, mandating installation of AEDs while ignoring  
          this reform will put property owners and tenants in an untenable  
          position where they may be forced to install a device but  
          physically cannot comply with the training requirements required  
          by statute.  Additionally, SB 287 requires mandatory  
          installation on private property only as it exempts buildings  
          owned by state and local entities.  Building code traditionally  
          applies equally to all structured based on occupancy regardless  
          of ownership.  Such a parsing of ownership for these purposes  
          would set a bad precedent.  People in public buildings should  
          have the same protections as people in private buildings."  


          POLICY ISSUES:


          The author may wish to exempt storage and high-hazard building  
            and use occupancy classifications from this bill.  While the  
            200 person or more occupancy would still apply, those building  
            classifications tend to be more associated with industrial  
            uses, rather than the types of public places in which the bill  
            seeks to increase the availability of AEDs. In addition,  
            because licensed health care facilities already employ the use  
            of AEDs and other similar lifesaving devices, the author may  
            wish to explicitly exempt these facilities from the  
            requirements of this bill.  


          The author may also wish to consider delaying the operative date  
            of this bill to ensure that property owners have sufficient  
            time to prepare to meet the requirements of this bill, and  
            that local jurisdictions that seek to make conforming changes  
            to local ordinances have ample time to do so.  In addition,  
            while the bill only requires that these provisions apply to  
            newly constructed buildings, the author may wish to clarify  
            that these provision do not apply to unoccupied buildings. 








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          AMENDMENT(S):


          1)On page 2, strike lines 21-22 and lines 29-30 from the bill,  
            to exempt Group H high-hazard buildings and storage buildings.  


          2)On page 3, strike lines 7-9 and insert former subdivision (c)  
            and new provisions as follows: 





              (c)  This chapter does not apply to the following: 



                  (1)       A structure or subdivision in subdivision (a)  
                    that is owned or operated by any local government  
                    entity.



                  (2)       A facility licensed pursuant to subdivision  
                    (a), (b), (c), or (f) of Section 1250."



                  (3)       Vacant or unoccupied buildings or buildings  
                    under construction or renovation. 



             (d)  This chapter shall become operative on January 1, 2017. 
           REGISTERED SUPPORT:









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          American Heart Association 
          American Medical Response 
          American Stroke Association 
          California Professional Firefighters
          California State Firefighters' Association 
          Madaffer Enterprises, Inc.
          Paramedics Plus
          San Diego Fire Fighters Local 145 
          San Ysidro Health Center 
          Sudden Cardiac Arrest Foundation

          REGISTERED OPPOSITION:


          California Business Properties Association
          Building Owners and Managers Association of California
          Commercial Real Estate Development Association, NAIOP of  
          California
          International Council of Shopping Centers

          Analysis Prepared by:Eunie Linden / B. & P. / (916) 319-3301