75th OREGON LEGISLATIVE ASSEMBLY--2010 Special Session

                            Enrolled

                        Senate Bill 1033

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

                     CHAPTER ................

                             AN ACT

Relating to automated external defibrillators in schools;
  creating new provisions; and amending ORS 431.680 and 431.690.

Be It Enacted by the People of the State of Oregon:

  SECTION 1.  { + Each school campus in a school district,
private school campus and public charter school campus shall have
on the premises at least one automated external
defibrillator. + }
  SECTION 2.  { + A school in a school district, private school
or public charter school shall comply with section 1 of this 2010
Act on or before January 1, 2015. + }
  SECTION 3. 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 4. 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.

Enrolled Senate Bill 1033 (SB 1033-B)                      Page 1

  (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 5.  { + If Senate Bill 1006 becomes law, section 3 of
this 2010 Act (amending ORS 431.680) is repealed and ORS 431.680,
as amended by section 2, chapter ___, Oregon Laws 2010 (Enrolled
Senate Bill 1006), 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 50 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) A facility owned by an education service district,
public charter school or school district; or - }
    { - (b) - }  a facility owned by a hotel as defined in ORS
699.005.
  SECTION 6.  { + If Senate Bill 1006 becomes law, section 4 of
this 2010 Act (amending ORS 431.690) is repealed and ORS 431.690,
as amended by section 1, chapter ___, Oregon Laws 2010 (Enrolled
Senate Bill 1006), is amended to read: + }
  431.690. (1) As used in this section, 'place of public
assembly' means a single building that has 50,000 square feet or
more of indoor 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 50 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) Notwithstanding subsection (2) of this section:
  (a) A community college or a state institution of higher
education listed in ORS 352.002 shall have at least one automated
external defibrillator on the campus of the community college or
institution; and
  (b) If the campus of the community college or institution of
higher education contains more than one place of public assembly,

Enrolled Senate Bill 1033 (SB 1033-B)                      Page 2

the community college or institution shall ensure that at least
one automated external defibrillator is readily available to each
place of public assembly.
  (4) Subsection (2) of this section does not apply to  { - : - }

    { - (a) A building owned by a school district, education
service district, private school or public charter school; or - }

    { - (b) - }  a building primarily used for worship or
education associated with worship.
                         ----------

Passed by Senate February 16, 2010

Repassed by Senate February 24, 2010

      ...........................................................
                                              Secretary of Senate

      ...........................................................
                                              President of Senate

Passed by House February 23, 2010

      ...........................................................
                                                 Speaker of House

Enrolled Senate Bill 1033 (SB 1033-B)                      Page 3

Received by Governor:

......M.,............., 2010

Approved:

......M.,............., 2010

      ...........................................................
                                                         Governor

Filed in Office of Secretary of State:

......M.,............., 2010

      ...........................................................
                                               Secretary of State

Enrolled Senate Bill 1033 (SB 1033-B)                      Page 4