Requires automatic external defibrillators on-site at certain places of public assembly and youth athletic events.

A1451

ASSEMBLY, No. 1451

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblyman ERIK K. SIMONSEN

District 1 (Atlantic, Cape May and Cumberland)

Assemblyman ANTWAN L. MCCLELLAN

District 1 (Atlantic, Cape May and Cumberland)

Co-Sponsored by:

Assemblymen Auth, Myhre and Guardian

SYNOPSIS

���� Requires automatic external defibrillators on-site at
certain places of public assembly and youth athletic events.

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

An Act
concerning automated external defibrillators and
supplementing various parts of statutory law.

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

���� 1.��� The Legislature finds
and declares that:

���� a.���� Since 1999, the
Legislature has recognized the public health benefits associated with having
on-site automated external defibrillators accessible and ready for use at
certain locations;

���� b.��� In light of the
recognized benefits associated with increased defibrillator accessibility and
use, the Legislature has enacted several laws over the preceding years to
require defibrillators to be maintained in an accessible on-site location at
various types of facilities, including public and non-public schools, health
clubs, nursing homes, and assisted living facilities;

���� c.���� The survival rate for a
cardiac event can be as high as 90 percent when defibrillation is provided in
the first minute after cardiac arrest, but the chances of surviving the event
decrease by seven to 10 percent with each minute that passes without defibrillation;

���� d.��� Because various factors
may impede the ability of emergency medical services personnel to gain timely
access to a person who is experiencing a cardiac event, it is imperative that a
defibrillator be readily accessible on-site at facilities and other sites that
cater to large public assemblies or youth athletic events, so that such
facilities and sites can better ensure the prompt and appropriate provision of
emergency treatment to, and the potential survival of, members of the assembly
who are suffering from a cardiac event; and

���� e.���� In order to ensure that
a person experiencing a cardiac event will have the highest chance of survival,
and will not be further endangered by the lack of timely emergency medical
treatment, it is in the best interests of the residents of this State to
require large places of public assembly and places that cater to youth athletic
events to maintain an automated external defibrillator on site.

���� 2.��� a.� In addition to any
other requirements provided by law or regulation and no later than one year
after the effective date of this act, the owner or operator of each place of
public assembly shall:�

���� (1)�� acquire, and maintain
on-site at the place of public assembly, at least one automated external
defibrillator, which shall remain accessible at all times when the place of
public assembly is open for business;

���� (2)�� store and maintain the
defibrillator in a central, unlocked location that is known and accessible to
employees, and which is within reasonable proximity to the audience seating
area;

���� (3)�� ensure that the
defibrillator is tested and maintained in accordance with the manufacturer�s
operational guidelines;

���� (4)�� provide notification to
the appropriate first aid, ambulance, or rescue squad or other appropriate
emergency medical services provider regarding the acquisition of the
defibrillator, its type, and its location within the place of public assembly;

���� (5)�� mark the location of the
defibrillator with a prominent sign and post a second prominent sign, at the
front entrance to the place of public assembly, notifying visitors and
clientele about the availability the defibrillator and its location;

���� (6)�� arrange and pay for the
training of employees and volunteers in cardio-pulmonary resuscitation and the
use of a defibrillator;

���� (7)�� ensure, during the hours
when a public or private event or activity is taking place at the place of
public assembly, that at least one employee or volunteer who has current
certifications from the American Red Cross, American Heart Association, or
other training program recognized by the Department of Health, in
cardio-pulmonary resuscitation and the use of a defibrillator, is on-site and
available to respond to any cardiac event; and

���� (8)�� ensure that an employee
requests emergency medical assistance from the appropriate first aid,
ambulance, or rescue squad as soon as practicable after the defibrillator is
used in response to a cardiac event.

���� b.��� The owner or operator of
each place of public assembly shall develop and implement a cardiac event
response protocol, which identifies:�

���� (1)�� the primary and
contingency procedures to be used by employees in responding to a sudden
cardiac event at the place of public assembly; and

���� (2)�� the particular
employees, or types of employees, who will be responsible for retrieving and
using the defibrillator, starting cardio-pulmonary resuscitation, calling 911,
and assisting emergency responders in reaching the individual who is
experiencing the sudden cardiac event.

���� c.���� Any person who violates
the provisions of this section 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 provided by this
section 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 the municipality, may issue a summons
for a violation of this section, and may serve and execute all processes with
respect to the enforcement of this section, consistent with the Rules of
Court.�

���� A penalty recovered under the
provisions of this subsection 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.

���� d.� (1)� As provided by
section 5 of P.L.1999, c.34 (C.2A:62A-27), a place of public assembly, its
owner and operator, and its employees and volunteers shall be immune from civil
liability in association with the acquisition and use of a defibrillator in
accordance with the provisions of this section.

���� (2)� In addition to the
immunity described in paragraph (1) of this subsection, a place of public
assembly, its owner and operator, and its employees and volunteers shall be
immune from civil or criminal liability resulting from the malfunctioning of a
defibrillator if the defibrillator has been maintained and tested in accordance
with the manufacturer�s operational guidelines, as provided by paragraph (3) of
subsection a. of this section.

���� e.� As used in this section:

���� �Automated external
defibrillator� or �defibrillator� means a medical device heart monitor and
defibrillator as described in section 2 of P.L.1999, c.34 (C.2A:62A-24).

���� �Place of public assembly�
means an indoor or outdoor facility, building, or other site, which has the
capacity to accommodate large public assemblies of at least 1,000 people at a
time, including, but not limited to, a stadium, ballpark, gymnasium, race
track, field house, arena, civic center, or other similar facility used for the
conduct of sporting events; and any concert hall, recital hall, theater, indoor
or outdoor amphitheater, or other auditorium space used for the presentation of
musical renditions or concerts.� A �place of public assembly� does not include
any hall owned by a church, religious organization, grange, public association,
or free library.

���� 3.��� a.�������� A municipal
or county recreation department and a nonprofit youth serving organization as
defined in section 1 of P.L.1999, c.432 (C.15A:3A-1) including, but not limited
to, Little Leagues, Babe Ruth Leagues, Pop Warner Leagues, Police Athletic
Leagues, and youth soccer leagues, which organizes or sponsors youth athletic
events that are played on municipal, county, school, or other publicly-owned
fields, shall ensure that there is available on site an automated external
defibrillator, as defined in section 2 of P.L.1999, c.34 (C.2A:62A-24), at each
youth athletic event and practice that is organized or sponsored by the
department or organization and held on the department�s or organization�s home
field.� The provisions of this section shall not apply to a municipal or county
recreation department that does not organize or sponsor youth athletic events.�
A municipal or county recreation department shall not be held liable for any
act or omission of any person who uses a defibrillator solely on the basis that
the defibrillator was used on a field owned by the department during a youth
athletic event that was not sponsored or organized by the department.

���� b.��� A recreation department
or youth serving organization shall be deemed to be in compliance with the
requirements of this section if a State-certified emergency services provider,
licensed athletic trainer, or other certified first responder is on site at the
athletic event or practice and has a defibrillator available for use on site.

���� c.���� Notwithstanding the
provisions of P.L.1999, c.34 (C.2A:62A-23 et seq.) to the contrary, a
recreation department or youth serving organization and its employees and
volunteer umpires, coaches, and licensed athletic trainers shall be immune from
civil liability in the acquisition and use of a defibrillator.

���� d.� Notwithstanding the
provisions of P.L.1999, c.34 (C.2A:62A-23 et seq.) to the contrary, a municipal
or county recreation department that does not organize or sponsor youth
athletic events shall be immune from civil

����

���� 4.��� The Commissioner of
Health shall adopt rules and regulations, pursuant to the �Administrative
Procedure Act,� P.L.1968, c.410 (C.52:14B-1 et seq.), as may be necessary to
implement the provisions of this act.� Notwithstanding the provisions of
section 2 of this act to the contrary, if the commissioner deems it
appropriate, the rules and regulations adopted pursuant to this section may
require the owner or operator of any place of public assembly, or the owners or
operators of certain places of public assembly with high audience capacities,
to maintain more than one automated external defibrillator on-site, or to
ensure the on-site presence, during events and activities, of more than one
person who is certified in cardio-pulmonary resuscitation and defibrillator
use.

���� 5.��� This act shall take
effect on the first day of the six month next following enactment, except that
the commissioner may take any anticipatory administrative action in advance
thereof as may be necessary for the implementation of this act.

STATEMENT

���� This bill would require an
automated external defibrillator (AED) on-site at certain places of public
assembly and at certain youth athletic events in the State.�

���� The bill defines a �place of
public assembly� to mean an indoor or outdoor facility, building, or other
site, which has the capacity to accommodate large public assemblies of at least
1,000 people at a time, including, but not limited to, a stadium, ballpark,
gymnasium, race track, field house, arena, civic center, or other similar
facility used for the conduct of sporting events; and any concert hall, recital
hall, theater, indoor or outdoor amphitheater, or other auditorium space used
for the presentation of musical renditions or concerts.� A �place of public
assembly� would not include any hall owned by a church, religious organization,
grange, public association, or free library.

���� In addition to any other
requirements provided by law or regulation, the bill would establish certain
requirements for the owner or operator of each place of public assembly to
acquire and maintain on-site at the place of public assembly at least one AED.�
The owner or operator of each place of public assembly will additionally be
required to develop and implement a cardiac event response protocol.�

���� Any person who violates the
bill�s requirements for places of large public assemblies would be liable to a
civil penalty.

���� The bill requires municipal or
county recreation departments and certain nonprofit youth serving organizations
who organize or sponsor youth athletic events to have an AED available on site
at each youth athletic event and practice that is organized or sponsored by the
department or organization and held on the department�s or organization�s home
field.� A recreation department or youth serving organization will be deemed to
be in compliance with the AED requirement if a State-certified emergency services
provider, licensed athletic trainer, or other certified first responder is on
site at the athletic event or practice and has an AED available for use on
site.� A municipal or county recreation department will not be held liable for
any act or omission of any person who uses a defibrillator solely on the basis
that the defibrillator was used on a field owned by the recreation department
during a youth athletic event that was not sponsored or organized by the
department.

���� The bill provides certain
immunity from civil liability to places of public assembly, their owners and
operators, and their employees and volunteers, and to recreation departments or
youth serving organizations and their employees and volunteer umpires, coaches,
and licensed athletic trainers in association with the acquisition and use of
an AED.� In addition, a place of public assembly, its owner and operator, and
its employees and volunteers will be immune from civil or criminal liability
resulting from the malfunctioning of an AED if the AED has been maintained and
tested in accordance with the manufacturer�s operational guidelines, as
required by the bill.