S4724

An Act concerning golf courses and automated external defibrillators and supplementing Title 2A of the New Jersey Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. a. As used in this act, "golf course" means a publically-owned or privately-owned tract of land that contains a regulation-sized, minimum 18-hole course consisting mostly of par-4 holes with a mix of par-3 and par-5 holes that is open to the general public. "Golf course" shall not mean a 9-hole course, an executive course, a par-3 course, a driving range complex, a miniature golf course, or other such lesser-sized golf facilities.

b. No later than one year after the effective date of this act, the owner or operator of a golf course shall:

(1) acquire at least one automated external defibrillator as defined in section 2 of P.L.1999, c.34 (C.2A:62A-24), and store it in an accessible location within the golf course that is known and available to the employees of the golf course; and

(2) ensure that the automated external defibrillator is tested and maintained, and provide notification to the appropriate first aid, ambulance, or rescue squad, or other appropriate emergency medical services provider regarding the defibrillator, the type acquired, and its location, pursuant to section 3 of P.L.1999, c.34 (C.2A:62A-25).

c. The owner or operator of a golf course that is subject to the provisions of subsection b. of this section shall:

(1) arrange and pay for training in cardio-pulmonary resuscitation and the use of an automated external defibrillator for the employees of that golf course in accordance with the provisions of paragraph (2) of this subsection;

(2) ensure that the golf course has at least one employee on site during its normal business hours who holds current certification from the American Red Cross, American Heart Association, or other training program recognized by the Department of Health in cardio-pulmonary resuscitation and use of a defibrillator; and

(3) ensure that an employee who uses a defibrillator requests emergency medical assistance from the appropriate first aid, ambulance, or rescue squad as soon as practicable.

2. A person who violates the provisions of section 1 of this act shall be liable to a civil penalty of not less than $250 for the first violation, not less than $500 for the second violation, and not less than $1,000 for the third and each subsequent violation.

The penalty shall be collected pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.), in a summary proceeding before the municipal court having jurisdiction. An official authorized by statute or ordinance to enforce the State or local health codes or a law enforcement officer having enforcement authority in that municipality may issue a summons for a violation of the provisions of section 1 of this act, and the official or officer may serve and execute all process with respect to the enforcement of this section, consistent with the Rules of Court.

A penalty recovered under the provisions of this section shall be recovered by, and in the name of, the State by the local health agency. The penalty shall be paid into the treasury of the municipality in which the violation occurred for the general uses of the municipality.

3. A golf course that is subject to the provisions of this act shall be immune from civil or criminal liability resulting from the malfunctioning of an automated external defibrillator that has been maintained and tested by the golf course according to the manufacturer's operational guidelines, pursuant to section 3 of P.L.1999, c.34 (C.2A:62A-25), as required in paragraph (2) of subsection b. of section 1 of this act.

The immunity provided in this section shall be in addition to the immunity provided pursuant to section 5 of P.L.1999, c.34 (C.2A:62A-27).

4. The Commissioner of Health, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules and regulations to effectuate the purposes of this act.

5. This act shall take effect immediately.

STATEMENT

This bill requires certain golf courses to maintain an automated external defibrillator.

The bill defines "golf course" to mean a publically-owned or privately-owned tract of land that contains a regulation-sized, minimum 18-hole course consisting mostly of par-4 holes with a mix of par-3 and par-5 holes that is open to the general public. "Golf course" does not mean a 9-hole course, an executive course, a par-3 course, a driving range complex, a miniature golf course, or other such lesser-sized golf facilities.

No later than one year after the bill’s effective date, the owner or operator of a golf course is to: (1) acquire at least one automated external defibrillator, and store it in an accessible location within the golf course that is known and available to the employees of the golf course; and (2) ensure that the automated external defibrillator is tested and maintained, and provide notification to the appropriate first aid, ambulance, or rescue squad, or other appropriate emergency medical services provider regarding the defibrillator, the type acquired, and its location.

Under the bill, the owner or operator of a golf course is to: (1) arrange and pay for training in cardio-pulmonary resuscitation and the use of an automated external defibrillator for the employees of that golf course; (2) ensure that the golf course has at least one employee on site during its normal business hours who holds current certification from the American Red Cross, American Heart Association, or other training program recognized by the Department of Health in cardio-pulmonary resuscitation and use of a defibrillator; and(3) ensure that an employee who uses a defibrillator requests emergency medical assistance from the appropriate first aid, ambulance, or rescue squad as soon as practicable.

The bill provides that a person who violates the bill’s provisions is to be liable to a civil penalty of not less than $250 for the first violation, not less than $500 for the second violation, and not less than $1,000 for the third and each subsequent violation.