BILL ANALYSIS �
AB 939
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ASSEMBLY THIRD READING
AB 939 (Melendez)
As Amended May 24, 2013
Majority vote
EDUCATION 5-0 Judiciary 10-0
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|Ayes:|Buchanan, Olsen, Ch�vez, |Ayes:|Wieckowski, Wagner, |
| |Nazarian, Williams | |Alejo, Chau, Dickinson, |
| | | |Garcia, Gorell, |
| | | |Maienschein, Muratsuchi, |
| | | |Stone |
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|Appropriations 17-0 |
| |
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|Ayes:|Gatto, Harkey, Bigelow, | | |
| |Bocanegra, Bradford, Ian | | |
| |Calderon, Campos, | | |
| |Donnelly, Eggman, Gomez, | | |
| |Hall, Holden, Linder, | | |
| |Pan, Quirk, Wagner, Weber | | |
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SUMMARY : Encourages all public schools to acquire and maintain
an automatic external defibrillator (AED) and provides immunity
from civil damages to the employee of the school district and to
the school district resulting from the use of an AED.
Fiscal Effect : According to the Assembly Appropriations
Committee, this measure will result in General Fund/ Proposition
98 cost pressures, likely at least $500,000, to public schools
to purchase an AED. These costs are not state reimbursable
mandated costs because the provisions of this bill are not
required by school districts. This measure, however, deems a
school district not liable for damages as a result of its
personnel using or not using the AED, but only if it uses it
consistent with the requirements of this bill. Therefore, the
bill intimates some or a portion of these requirements are
adhered to by the district and its schools.
AB 939
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Comments : According to the author, the majority of California's
children spend around 14,000 hours away from their parents and
under the supervision of the state while they receive an
education at California's K-12 public schools. While under this
supervision, parents should be confident that their children are
protected.
According to the American Heart Association, sudden cardiac
arrest kills over 300,000 people a year and is the leading cause
of death in the United States. Medical experts opine that the
key to survival is timely initiation of a "chain of survival,"
including CPR and the use of an AED. Trained non-medical
personnel can use these simplified electronic machines to treat
a person in cardiac arrest. The AED device guides the user
through the process by audible or visual prompts without
requiring any discretion or judgment. The American Heart
Association notes that at least 20,000 lives could be saved
annually by prompt use of AEDs. Ultimately, with broad
deployment of AEDs among trained responders, as many as 50,000
deaths due to sudden cardiac arrest could be prevented each
year.
This bill follows what has now become a long tradition by the
California Legislature of providing immunity from civil damages
to entities and their personnel who act as Good Samaritans to
try to save others' lives, within reasonable parameters. In
this instance the measure seeks to encourage all public schools
to acquire and maintain these life-saving devices. The bill is
intended to provide certainty to school districts and their
employees that if an AED is used, attempted to be used, or not
used on campus that neither the employee nor the school district
will be liable for any civil damages resulting from any act or
omission in rendering the emergency care or treatment. This
bill also makes clear that only school employees who volunteer
to be designated as AED volunteers may be asked to be involved
in the use of an AED. Further, this bill permits a school to
receive non-state funds to remove any financial barriers the
school may face in acquiring and maintaining an AED and training
their employees in the use of an AED.
Analysis Prepared by : Jill Rice / ED. / (916) 319-2087
AB 939
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