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SB-502 Public rail systems: availability of automated external defibrillators.(2017-2018)

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Date Published: 09/07/2017 03:07 PM
SB502:v97#DOCUMENT

Amended  IN  Assembly  September 07, 2017
Amended  IN  Senate  March 29, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 502

Introduced by Senator Portantino

February 16, 2017

An act to add and repeal Section 1916 of the Welfare and Institutions Code, relating to juveniles. An act to amend Section 99160 of the Public Utilities Code, relating to transportation.


LEGISLATIVE COUNSEL'S DIGEST


SB 502, as amended, Portantino. California Voluntary Tattoo Removal Program. Public rail systems: availability of automated external defibrillators.
(1) Existing law exempts from civil liability any person who, in good faith and not for compensation, renders emergency care or treatment by the use of an automated external defibrillator (AED) at the scene of an emergency, except in the case of personal injury or wrongful death that results from the gross negligence or willful or wanton misconduct of the person who renders emergency care or treatment. Existing law also exempts from civil liability a person or entity that acquires an AED for emergency use, a physician who is involved with the placement of the AED, and any person or entity responsible for the site where the AED is located if specified conditions are met, including maintenance and regular testing of the AED and having a written plan that describes the procedures to be followed in case of an emergency that may involve the use of the AED.
This bill would require a public entity that operates a rail transit system or a commuter train system to ensure that each train has an automated external defibrillator (AED) as part of its safety equipment subject to specified requirements. The bill would exempt a public entity that acquires an AED for emergency care from liability for any civil damages resulting from any acts or omissions in the rendering of the emergency care by use of the AED if the public entity has complied with certain requirements.
(2) By imposing new duties on local public officials, the bill would create a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Existing law establishes a pilot program requiring the Department of Corrections and Rehabilitation, Division of Juvenile Facilities to purchase 2 medical laser devices for the removal of tattoos, as specified, from eligible participants who are screened by community groups who serve at-risk youth, ex-offenders, ex-convicts, current and former gang members, or victims of trafficking and prostitution, as specified.

This bill would reestablish and modify a recently repealed program known as the California Voluntary Tattoo Removal Program, to be administered by the Board of State and Community Corrections to the extent that funds are appropriated, to provide funding for the removal of certain tattoos for individuals between 14 and 24 years of age, who are in the custody of the Department of Corrections and Rehabilitation or county probation departments, who are on parole or probation, who are in a community-based program serving at-risk youth, or who are placed in foster care as either dependent children or nonminor dependents, as specified, and who meet specified criteria. The bill would repeal the program on January 1, 2026.

This bill would also state the intent of the Legislature to encourage the board to extend, if available, specified federal funding for the above-described tattoo removal programs to include programs serving individuals between 14 and 24 years of age who were tattooed for identification in trafficking or prostitution.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NOYES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 99160 of the Public Utilities Code is amended to read:

99160.
 Any (a) A public entity which that plans the development of, or which that operates, a rail transit system, shall, with respect to any current or future rail transit system, (a) (1) develop motor vehicle parking facilities to serve the system’s passengers at stations planned to be park and ride facilities, and (b) (2) expand private enterprise participation in the development of air space and publicly owned assets to provide those parking facilities.
(b) A public entity that operates a rail transit system or a commuter train system shall ensure that each train has an automated external defibrillator (AED) as part of its safety equipment subject to the requirements in Section 1797.196 of the Health and Safety Code. A public entity that acquires an AED for emergency care pursuant to this subdivision shall not be liable for any civil damages resulting from any acts or omissions in the rendering of the emergency care by use of an AED if the public entity has complied with subdivision (b) of Section 1797.196 of the Health and Safety Code.

SEC. 2.

  If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SECTION 1.Section 1916 is added to the Welfare and Institutions Code, to read:
1916.

(a)The California Voluntary Tattoo Removal Program is hereby established.

(b)To the extent that funds are appropriated for this purpose, the Board of State and Community Corrections may administer the program.

(c)The program shall be designed to serve individuals between 14 and 24 years of age, who are in the custody of the Department of Corrections and Rehabilitation or county probation departments, who are on parole or probation, who are in a community-based organization serving at-risk youth, or who are placed in foster care as either children adjudged dependents of the juvenile court, pursuant to Section 300, or nonminor dependents, as defined in subdivision (v) of Section 11400.

(d)The board shall award grants in a competitive manner and on a geographically diverse basis, serving both northern and southern California.

(e)The Division of Juvenile Facilities of the Department of Corrections and Rehabilitation, county probation departments, community-based organizations, county child welfare agencies, and relevant service providers may apply for the grants authorized by this section.

(f)Funds appropriated for purposes of this section shall be limited to federal funds.

(g)Tattoo removals shall be performed by licensed clinicians who, to the extent feasible, provide their services at a discounted rate, or free of charge.

(h)Grantees shall serve individuals who have gang-related tattoos or tattoos received for identification in trafficking and prostitution that are visible in a professional environment and who are recommended for the program by Department of Corrections and Rehabilitation representatives, parole agents, county probation officers, community-based organizations, service providers, or county child welfare agencies.

(i)Individuals who have gang-related tattoos or tattoos received for identification in trafficking and prostitution that may be considered unprofessional and are visible in a professional work environment, who meet the criteria of subdivision (c), and who meet any of the following criteria may be eligible for participation in the program:

(1)Are actively pursuing secondary or postsecondary education.

(2)Are seeking employment or participating in workforce training programs.

(3)Are scheduled for an upcoming job interview or job placement.

(4)Are participating in a community or public service activity.

(j)Use of funding by grantees shall be limited to the following:

(1)The removal of gang-related tattoos or tattoos received for identification in trafficking and prostitution.

(2)Maintenance or repair of tattoo removal medical devices.

(3)Contracting with licensed private providers to offer the tattoo removal service.

(k)Grantees may also seek additional federal or private funding to execute the provisions of this section, and use those funds to supplement funding received through the program.

(l)This section shall remain in effect only until January 1, 2026, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2026, deletes or extends that date.

SEC. 2.

It is the intent of the Legislature to encourage the Board of State and Community Corrections to extend, if available, federal Edward Byrne Memorial Justice Assistance Grant Program funding authorized prior to the enactment of this measure for tattoo removal programs under Sections 1915 and 1916 of the Welfare and Institutions Code to include programs serving individuals between 14 and 24 years of age who were tattooed for identification in trafficking or prostitution.