Hawaii 2024 Regular Session

Hawaii House Bill HB2604 Compare Versions

Only one version of the bill is available at this time.

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1	1	HOUSE OF REPRESENTATIVES H.B. NO. 2604 THIRTY-SECOND LEGISLATURE, 2024 STATE OF HAWAII A BILL FOR AN ACT relating to school safety. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	HOUSE OF REPRESENTATIVES H.B. NO. 2604
4	4	THIRTY-SECOND LEGISLATURE, 2024
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13	13	THIRTY-SECOND LEGISLATURE, 2024
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17	17	STATE OF HAWAII
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31	31	A BILL FOR AN ACT
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37	37	relating to school safety.
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43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47	47	SECTION 1. The legislature finds that cardiopulmonary resuscitation (CPR) training and access to automated external defibrillators (AEDs) are essential to school safety at sporting events. Thirty-one states across the nation require coaches receive CPR training. Unfortunately, Hawaii is not one of them. Seventy per cent of students who experience cardiac arrest in a school with an AED survive. This is a significant increase from the average rate of survival. Every minute that passes without AED intervention decreases the survival rate by ten per cent. The purpose of this Act is to mandate that: (1) each sporting event have a CPR trained coach or athletic trainer in attendance and (2) all schools be equipped with AED devices. SECTION 2. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows: "§302A‑ Automated external defibrillators; CPR; requirements; training. (a) By the end of the 2024-2025 school year: (1) All public schools shall have a minimum of two automated external defibrillators: (A) One to be situated in a permanent location on campus; and (B) One to be utilized for off campus sporting events; (2) All public schools that have an athletic trainer shall ensure that at every sporting event, an additional automated external defibrillator is available and the athletic trainer is trained and certified at all times in the use of automated external defibrillators; and (3) All public schools that do not have an athletic trainer shall ensure that at every sporting event, at least two faculty members of the school in attendance are trained and certified at all times in the use of automated external defibrillators. (b) The department shall ensure that the automated external defibrillators are: (1) Maintained and regularly tested according to the operation and maintenance guidelines set forth by the manufacturer; and (2) Checked for readiness after each use and at least once every thirty days if the automated external defibrillator has not been used in the preceding thirty days; provided that records of the checks shall be maintained by the department and the individual school. (c) Beginning with the 2024-2025 school year, the department shall offer a mandatory CPR training for athletic trainers and coaches at the beginning of each academic year. (d) For purposes of this section, "sporting event" includes competitions, scrimmages, and practices." SECTION 3. Chapter 302D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows: "§302D‑ Automated external defibrillators; CPR; requirements; training. (a) By the end of the 2024-2025 school year: (1) All charter schools shall have a minimum of two automated external defibrillators: (A) One to be situated in a permanent location on campus; and (B) One to be utilized for off campus sporting events; (2) All charter schools that have an athletic trainer shall ensure that at every sporting event, an additional automated external defibrillator is available and the athletic trainer is trained and certified at all times in the use of automated external defibrillators; and (3) All charter schools that do not have an athletic trainer shall ensure that at every sporting event, at least two faculty members of the charter school in attendance are trained and certified at all times in the use of automated external defibrillators. (b) Each charter school shall ensure that the automated external defibrillators are: (1) Maintained and regularly tested according to the operation and maintenance guidelines set forth by the manufacturer; and (2) Checked for readiness after each use and at least once every thirty days if the automated external defibrillator has not been used in the preceding thirty days; provided that records of the checks shall be maintained by the charter school. (c) Beginning with the 2024-2025 school year, the school shall offer a mandatory CPR training for athletic trainers and coaches at the beginning of each academic year. (d) For purposes of this section, "sporting event" includes competitions, scrimmages, and practices." SECTION 4. Chapter 304A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows: "§304A‑ Automated external defibrillators; requirements; training. (a) By the end of the 2024-2025 school year: (1) All divisions and campuses of the University of Hawaii system shall have an automated external defibrillator situated in a permanent location on campus; and (2) The athletic department of the University of Hawaii, with regard to each institution under the University of Hawaii system, shall ensure that: (A) There is an automated external defibrillator available to the athletic trainer present at every sporting event; and (B) Every athletic trainer is trained and certified at all times in the use of automated external defibrillators. (b) The University of Hawaii and each institution under the University of Hawaii system shall ensure that the automated external defibrillator is: (1) Maintained and regularly tested according to the operation and maintenance guidelines set forth by the manufacturer; and (2) Checked for readiness after each use and at least once every thirty days if the automated external defibrillator has not been used in the preceding thirty days; provided that records of the checks shall be maintained by the University of Hawaii. (c) Beginning with the 2024-2025 school year, the University of Hawaii shall offer a mandatory CPR training for athletic trainers and coaches at the beginning of each academic year. (d) For purposes of this section, "sporting event" includes competitions, scrimmages, and practices." SECTION 5. Section 663-1.5, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows: "(e) Any person who in good faith, without remuneration or expectation of remuneration, attempts to resuscitate a person in immediate danger of loss of life when administering any automated external defibrillator, regardless of where the automated external defibrillator that is used is located, shall not be liable for any civil damages resulting from any act or omission except as may result from the person's gross negligence or wanton acts or omissions[.]; provided that an athletic trainer or faculty member who administers an automated external defibrillator pursuant to section 302A- , 302-D , or 304A‑ , shall be considered to be doing so without remuneration or expectation of remuneration. Any person, including an employer, who provides for an automated external defibrillator or an automated external defibrillator training program shall not be vicariously liable for any civil damages resulting from any act or omission of the persons or employees who, in good faith and without remuneration or the expectation of remuneration, attempt to resuscitate a person in immediate danger of loss of life by administering an automated external defibrillator, except as may result from a person's or employer's gross negligence or wanton acts or omissions." SECTION 6. In accordance with section 9 of article VII, of the Constitution of the State of Hawaii and sections 37-91 and 37-93, Hawaii Revised Statutes, the legislature has determined that the appropriations contained in this Act will cause the state general fund expenditure ceiling for fiscal year 2024-2025 to be exceeded by $ , or per cent. The reasons for exceeding the general fund expenditure ceiling are that the appropriations made in this Act are necessary to serve the public interest and to meet the need provided for by this Act. SECTION 7. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2024-2025 for the purchase of automated external defibrillators and mandatory CPR training. The sum appropriated shall be expended by the department of education for the purposes of this Act. SECTION 8. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2024-2025 for the purchase of automated external defibrillators and mandatory CPR training. The sum appropriated shall be expended by the charter school administrative office for the purposes of this Act. SECTION 9. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 10. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________
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49	49	SECTION 1. The legislature finds that cardiopulmonary resuscitation (CPR) training and access to automated external defibrillators (AEDs) are essential to school safety at sporting events. Thirty-one states across the nation require coaches receive CPR training. Unfortunately, Hawaii is not one of them. Seventy per cent of students who experience cardiac arrest in a school with an AED survive. This is a significant increase from the average rate of survival. Every minute that passes without AED intervention decreases the survival rate by ten per cent.
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51	51	The purpose of this Act is to mandate that: (1) each sporting event have a CPR trained coach or athletic trainer in attendance and (2) all schools be equipped with AED devices.
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53	53	SECTION 2. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
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55	55	"§302A‑ Automated external defibrillators; CPR; requirements; training. (a) By the end of the 2024-2025 school year:
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57	57	(1) All public schools shall have a minimum of two automated external defibrillators:
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59	59	(A) One to be situated in a permanent location on campus; and
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61	61	(B) One to be utilized for off campus sporting events;
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63	63	(2) All public schools that have an athletic trainer shall ensure that at every sporting event, an additional automated external defibrillator is available and the athletic trainer is trained and certified at all times in the use of automated external defibrillators; and
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65	65	(3) All public schools that do not have an athletic trainer shall ensure that at every sporting event, at least two faculty members of the school in attendance are trained and certified at all times in the use of automated external defibrillators.
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67	67	(b) The department shall ensure that the automated external defibrillators are:
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69	69	(1) Maintained and regularly tested according to the operation and maintenance guidelines set forth by the manufacturer; and
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71	71	(2) Checked for readiness after each use and at least once every thirty days if the automated external defibrillator has not been used in the preceding thirty days; provided that records of the checks shall be maintained by the department and the individual school.
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73	73	(c) Beginning with the 2024-2025 school year, the department shall offer a mandatory CPR training for athletic trainers and coaches at the beginning of each academic year.
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75	75	(d) For purposes of this section, "sporting event" includes competitions, scrimmages, and practices."
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77	77	SECTION 3. Chapter 302D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
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79	79	"§302D‑ Automated external defibrillators; CPR; requirements; training. (a) By the end of the 2024-2025 school year:
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81	81	(1) All charter schools shall have a minimum of two automated external defibrillators:
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83	83	(A) One to be situated in a permanent location on campus; and
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85	85	(B) One to be utilized for off campus sporting events;
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87	87	(2) All charter schools that have an athletic trainer shall ensure that at every sporting event, an additional automated external defibrillator is available and the athletic trainer is trained and certified at all times in the use of automated external defibrillators; and
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89	89	(3) All charter schools that do not have an athletic trainer shall ensure that at every sporting event, at least two faculty members of the charter school in attendance are trained and certified at all times in the use of automated external defibrillators.
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91	91	(b) Each charter school shall ensure that the automated external defibrillators are:
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93	93	(1) Maintained and regularly tested according to the operation and maintenance guidelines set forth by the manufacturer; and
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95	95	(2) Checked for readiness after each use and at least once every thirty days if the automated external defibrillator has not been used in the preceding thirty days; provided that records of the checks shall be maintained by the charter school.
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97	97	(c) Beginning with the 2024-2025 school year, the school shall offer a mandatory CPR training for athletic trainers and coaches at the beginning of each academic year.
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99	99	(d) For purposes of this section, "sporting event" includes competitions, scrimmages, and practices."
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101	101	SECTION 4. Chapter 304A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
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103	103	"§304A‑ Automated external defibrillators; requirements; training. (a) By the end of the 2024-2025 school year:
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105	105	(1) All divisions and campuses of the University of Hawaii system shall have an automated external defibrillator situated in a permanent location on campus; and
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107	107	(2) The athletic department of the University of Hawaii, with regard to each institution under the University of Hawaii system, shall ensure that:
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109	109	(A) There is an automated external defibrillator available to the athletic trainer present at every sporting event; and
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111	111	(B) Every athletic trainer is trained and certified at all times in the use of automated external defibrillators.
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113	113	(b) The University of Hawaii and each institution under the University of Hawaii system shall ensure that the automated external defibrillator is:
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115	115	(1) Maintained and regularly tested according to the operation and maintenance guidelines set forth by the manufacturer; and
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117	117	(2) Checked for readiness after each use and at least once every thirty days if the automated external defibrillator has not been used in the preceding thirty days; provided that records of the checks shall be maintained by the University of Hawaii.
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119	119	(c) Beginning with the 2024-2025 school year, the University of Hawaii shall offer a mandatory CPR training for athletic trainers and coaches at the beginning of each academic year.
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121	121	(d) For purposes of this section, "sporting event" includes competitions, scrimmages, and practices."
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123	123	SECTION 5. Section 663-1.5, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:
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125	125	"(e) Any person who in good faith, without remuneration or expectation of remuneration, attempts to resuscitate a person in immediate danger of loss of life when administering any automated external defibrillator, regardless of where the automated external defibrillator that is used is located, shall not be liable for any civil damages resulting from any act or omission except as may result from the person's gross negligence or wanton acts or omissions[.]; provided that an athletic trainer or faculty member who administers an automated external defibrillator pursuant to section 302A- , 302-D , or 304A‑ , shall be considered to be doing so without remuneration or expectation of remuneration.
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127	127	Any person, including an employer, who provides for an automated external defibrillator or an automated external defibrillator training program shall not be vicariously liable for any civil damages resulting from any act or omission of the persons or employees who, in good faith and without remuneration or the expectation of remuneration, attempt to resuscitate a person in immediate danger of loss of life by administering an automated external defibrillator, except as may result from a person's or employer's gross negligence or wanton acts or omissions."
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129	129	SECTION 6. In accordance with section 9 of article VII, of the Constitution of the State of Hawaii and sections 37-91 and 37-93, Hawaii Revised Statutes, the legislature has determined that the appropriations contained in this Act will cause the state general fund expenditure ceiling for fiscal year 2024-2025 to be exceeded by $ , or per cent. The reasons for exceeding the general fund expenditure ceiling are that the appropriations made in this Act are necessary to serve the public interest and to meet the need provided for by this Act.
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131	131	SECTION 7. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2024-2025 for the purchase of automated external defibrillators and mandatory CPR training.
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133	133	The sum appropriated shall be expended by the department of education for the purposes of this Act.
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135	135	SECTION 8. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2024-2025 for the purchase of automated external defibrillators and mandatory CPR training.
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137	137	The sum appropriated shall be expended by the charter school administrative office for the purposes of this Act.
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139	139	SECTION 9. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
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141	141	SECTION 10. This Act shall take effect upon its approval.
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145	145	INTRODUCED BY: _____________________________
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147	147	INTRODUCED BY:
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155	155	Report Title: CPR; AED; School Safety; Athletic Events; Funds Exceeded Description: Requires schools maintain AEDs for all sporting events. Mandates AED and CPR training for certain school officials. Appropriates funds exceeding the expenditure ceiling. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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161	161	Report Title:
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163	163	CPR; AED; School Safety; Athletic Events; Funds Exceeded
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167	167	Description:
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169	169	Requires schools maintain AEDs for all sporting events. Mandates AED and CPR training for certain school officials. Appropriates funds exceeding the expenditure ceiling.
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177	177	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.