BILL NUMBER: AB 1702 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 5, 2010
INTRODUCED BY Assembly Member Swanson
FEBRUARY 1, 2010
An act to amend Section 104113 of the Health and Safety
Code, relating to defibrillators. An act to amend
Section 84810.5 of the Education Code, relating to community
colleges.
LEGISLATIVE COUNSEL'S DIGEST
AB 1702, as amended, Swanson. Defibrillators.
Community colleges: inmate education programs: computation of
apportionments.
(1) Existing law establishes the California Community Colleges,
under the administration of the Board of Governors of the California
Community Colleges, as a segment of public postsecondary education in
the state.
Existing law, notwithstanding open course provisions in statute or
regulations of the board of governors, authorizes the governing
board of a community college district that provides classes for
inmates of certain facilities, including a federal correctional
facility, to include the units of full-time equivalent students
generated in those classes for purposes of state apportionments.
This bill would instead require the open course provisions in
statute or regulations of the board of governors to be waived for a
governing board of a community college district that provides those
classes for inmates, including inmates of state correctional
facilities, and would authorize the board of governors to include the
units of full-time equivalent students generated in those classes
for purposes of state apportionments.
(2) Existing law provides for the method of computing
apportionments for purposes of these inmate education programs.
This bill would make revisions to that method of computation.
The bill would prohibit a community college district from
claiming, under the bill, for purposes of apportionments, a class for
which a district receives full compensation for its direct education
costs for the conduct of the class from a public or private agency,
individual, or group of individuals, and a class offered pursuant to
a contract or instructional agreement entered into between the
district and a public or private agency, individual, or group of
individuals that has received from another source full compensation
for the costs the district incurs under that contract or
instructional agreement, as prescribed.
Existing law, until July 1, 2012, requires every health studio, as
defined, to acquire an automatic external defibrillator, provides
immunity for use or nonuse of the devices, except as specified, and
establishes standards for the devices, including, but not limited to,
maintenance and staff training regarding proper use.
This bill would extend the requirements to acquire an automatic
external defibrillator to July 1, 2015; however, the immunity
provisions and the standards governing the maintenance of the device
and the training of personnel in the use of the device would remain
in effect after that date if the entities that are subject to the
bill elect to continue the installation of the device, as specified.
The bill would require that records of a readiness check on a
defibrillator be maintained for 2 years after the check. The bill
would also, beginning July 1, 2011, apply these requirements and this
immunity to golf courses and amusement parks, as defined.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 84810.5 of the
Education Code is amended to read:
84810.5. (a) Notwithstanding open (1)
Open course provisions in statute or
regulations of the board of governors, the
governors shall be waived for a governing board of a community
college district that provides classes for inmates of any
a city, county, or city and county jail, road
camp, farm for adults, or federal correctional facility may
include the units of full-time equivalent student (FTES) generated in
those classes for purposes of state apportionment. The attendance
hours generated by credit or noncredit shall be added and counted for
apportionment purposes as noncredit attendance hours
state or federal correctional facility. This section shall not be
construed to authorize the waiver of open course provisions in any
context or situation other than those that are specifically
authorized by this section. Subject to limitations set forth in
subdivision (b), the board of governors may include the units of
full-time equivalent students (FTES) generated in those classes for
purposes of state apportionments .
(2) The attendance hours generated by credit courses shall be
funded at the marginal credit rate determined pursuant to paragraph
(2) of subdivision (d) of Section 84750.5. The attendance hours
generated by noncredit courses shall be funded at the noncredit rate.
(b) (1) A community college district shall not claim, for purposes
of state apportionments under this section, a class to which either
of the following applies:
(A) The district receives full compensation for its direct
education costs for the conduct of the class from a public or private
agency, individual, or group of individuals.
(B) The district has a contract or instructional agreement, or
both, for the conduct of the class with a public or private agency,
individual, or group of individuals that has received from another
source full compensation for the costs the district incurs under that
contract or instructional agreement.
(2) In reporting a claim for apportionment to the Chancellor of
the California Community Colleges under this section, the district
shall report any partial compensation it receives from the sources
described in subparagraphs (A) and (B) of paragraph (1) during the
period for which the claim is made. The chancellor shall subtract the
amount of any partial compensation received from the total
apportionment to be paid.
(c) This section shall not be construed as providing a source of
funds to shift, supplant, or reduce the costs incurred by the
Department of Corrections and Rehabilitation in providing inmate
education programs.
(b) Notwithstanding any other provision of law, no funds for
inmate education programs provided pursuant to this section shall be
considered as part of the base revenues for community college
districts in computing apportionments as prescribed in regulations of
the board of governors. When computing apportionments for districts
that provided inmate education programs in the 1994-95 fiscal year,
the student workload measures generated and revenues received for
that year shall be added to their noncredit base revenue and
noncredit base workload measures for the following year.
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), commencing July 1, 2011, every amusement
park, as defined in subdivision (g), and commencing July 1, 2011,
every golf course, shall acquire an automatic external defibrillator.
The requirement to acquire an automatic external defibrillator
pursuant to this subdivision shall terminate on July 1, 2015.
(2) Commencing July 1, 2007, every health studio, as defined in
subdivision (g), commencing July 1, 2011, every amusement park, as
defined in subdivision (g), and commencing July 1, 2011, every golf
course, shall, until July 1, 2015, maintain, and train personnel in
the use of, any automatic external defibrillator acquired pursuant to
paragraph (1).
(3) On or after July 1, 2015, an amusement park, a golf course, or
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 an amusement park, a golf course, or 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 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), when an employee of an
amusement park, a golf course, or 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
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, an amusement park, a golf course, or 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 a check shall be maintained for two years after the check.
(C) Any person who renders emergency care or treatment on a person
in cardiac arrest by using an automatic external defibrillator
activates the emergency medical services system as soon as possible,
and reports any 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
operating hours. Acquirers of automatic external defibrillator units
may need to train additional employees to assure 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) For purposes of this section:
(1) "Amusement park" means any area where amusement park rides are
inspected pursuant to Part 8.1 (commencing with Section 7920) of
Division 5 of the Labor Code.
(2) "Health studio" means any 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
hotel or similar business that offers fitness facilities to its
registered guests for a fee or as part of the hotel charges.