Chapter 450 Oregon Laws 2009

AN ACT

SB 556

Relating to automated external defibrillators.

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

SECTION 1. (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), 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.

Approved by the Governor June 23, 2009

Filed in the office of Secretary of State June 23, 2009

Effective date January 1, 2010

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