2001 Legislation
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HOUSE BILL NO. 255 – Swimming pools, lifeguard req’d


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Daily Data Tracking History

H0255..............................................by ENVIRONMENTAL AFFAIRS
SWIMMING POOLS - Amends existing law to provide conditions under which a
lifeguard or other adult may be required at public swimming pools.
02/15    House intro - 1st rdg - to printing
02/16    Rpt prt - to Env Aff

Bill Text

  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                              IN THE HOUSE OF REPRESENTATIVES
                                     HOUSE BILL NO. 255
                             BY ENVIRONMENTAL AFFAIRS COMMITTEE
  1                                        AN ACT
  5    Be It Enacted by the Legislature of the State of Idaho:
  6        SECTION 1.  That Section 56-1003, Idaho Code, be, and the same  is  hereby
  7    amended to read as follows:
  8        56-1003.  POWERS  AND  DUTIES OF THE DIRECTOR. The director shall have the
  9    following powers and duties:
 10        (1) All of the powers and duties of the department of public  health,  the
 11    department  of health, the board of health and all nonenvironmental protection
 12    duties of the department of health and welfare are hereby vested to the direc-
 13    tor of the department of health and welfare. Provided however, that rulemaking
 14    and hearing functions relating to public health and licensure  and  certifica-
 15    tion  standards shall be vested in the board of health and welfare. The direc-
 16    tor shall have all such powers and duties as may have been or could have  been
 17    exercised  by  his predecessors in law, including the authority to adopt, pro-
 18    mulgate, and enforce rules in those circumstances when the authority to adopt,
 19    promulgate, and enforce such rules is not vested in the board  of  health  and
 20    welfare,  and  shall  be  the  successor in law to all contractual obligations
 21    entered into by predecessors in law. All rulemaking proceedings  and  hearings
 22    of  the  director shall be governed by the provisions of chapter 52, title 67,
 23    Idaho Code.
 24        (2)  The director shall, pursuant and subject to  the  provisions  of  the
 25    Idaho Code, and the provisions of this chapter, formulate and recommend to the
 26    board  rules,  codes  and standards, as may be necessary to deal with problems
 27    related to personal health, and licensure and certification requirements  per-
 28    tinent thereto, which shall, upon adoption by the board, have the force of law
 29    relating  to any purpose which may be necessary and feasible for enforcing the
 30    provisions of this chapter including, but not limited to, the maintenance  and
 31    protection  of  personal  health.  Any such rule or standard may be of general
 32    application throughout the state or may be limited as to times,  places,  cir-
 33    cumstances  or  conditions  in  order  to  make  due  allowance for variations
 34    therein.
 35        (3)  The director, under the rules, codes or  standards  adopted  by  him,
 36    shall  have  the  general  supervision  of the promotion and protection of the
 37    life, health and mental health of the people of this  state.  The  powers  and
 38    duties of the director shall include, but not be limited to, the following:
 39        (a)  The  issuance of licenses and permits as prescribed by law and by the
 40        rules of the board;
 41        (b)  The supervision and administration of laboratories and  the  supervi-
 42        sion and administration of standards of tests for environmental pollution,
 43        chemical analyses and communicable diseases. The director may require that
  1        laboratories  operated  by  any city, county, institution, person, firm or
  2        corporation for health or environmental purposes conform to standards  set
  3        by the board of health and welfare and the board of environmental quality;
  4        (c)  The  supervision and administration of a mental health program, which
  5        shall include services for the evaluation, screening, custody  and  treat-
  6        ment of the mentally ill and those persons suffering from a mental defect,
  7        or mental defects;
  8        (d)  The enforcement of minimum standards of health, safety and sanitation
  9        for  all  public  swimming  pools within the state. Safety standards shall
 10        require that a lifeguard or other adult be  present  with  a  child  under
 11        thirteen  (13)  years  of  age in the pool area, but shall not require the
 12        presence of a lifeguard or other adult with a person thirteen  (13)  years
 13        of age or older in the pool area;
 14        (e)  The  supervision and administration of the various schools, hospitals
 15        and institutions that were the responsibility of the board of health;
 16        (f)  The supervision and administration of services dealing with the prob-
 17        lems of alcoholism including, but not limited to, the care and rehabilita-
 18        tion of persons suffering from alcoholism;
 19        (g)  The establishment of liaison  with  other  governmental  departments,
 20        agencies  and  boards  in  order  to effectively assist other governmental
 21        entities with the planning for the control of or abatement of health prob-
 22        lems. All of the rules and standards adopted by the board shall  apply  to
 23        state institutions;
 24        (h)  The  supervision  and  administration of an emergency medical service
 25        program including, but not limited to, assisting other governmental  agen-
 26        cies  and local governmental units, in providing first aid emergency medi-
 27        cal services and for transportation of the sick and injured;
 28        (i)  The supervision and  administration  of  administrative  units  whose
 29        responsibility  shall  be  to assist and encourage counties, cities, other
 30        governmental units, and industries in the control of and/or  abatement  of
 31        health problems;
 32        (j)  The  enforcement  of all laws, rules, codes and standards relating to
 33        health.
 34        (4)  The director, when so designated by  the  governor,  shall  have  the
 35    power  to  apply  for, receive on behalf of the state, and utilize any federal
 36    aid, grants, gifts, gratuities, or moneys made available through  the  federal
 37    government.
 38        (5)  The  director  shall  have the power to enter into and make contracts
 39    and agreements with any public agencies or municipal corporations for  facili-
 40    ties,  land, and equipment when such use will have a beneficial, recreational,
 41    or therapeutic effect or be in the best interest in carrying  out  the  duties
 42    imposed upon the department.
 43        The  director  shall  also  have the power to enter into contracts for the
 44    expenditure of state matching funds for local purposes. This  subsection  will
 45    constitute  the  authority  for  public  agencies or municipal corporations to
 46    enter into such contracts and expend money for the purposes delineated in such
 47    contracts.
 48        (6)  The director is authorized to adopt an official seal to  be  used  on
 49    appropriate  occasions,  in connection with the functions of the department or
 50    the board, and such seal shall be judicially noticed.  Copies  of  any  books,
 51    records,  papers  and  other  documents in the department shall be admitted in
 52    evidence equally with the originals  thereof  when  authenticated  under  such
 53    seal.

Statement of Purpose / Fiscal Impact

                       STATEMENT OF PURPOSE
                           RS 10978C1
The purpose of this legislation is to amend Section 56-1003,
Idaho Code to provide conditions under which a lifeguard or ather
adult may be required at public swimming pools.  
                          FISCAL IMPACT

Name: Rep. Wendy Jaquet 
Phone: 322-1130

STATEMENT OF PURPOSE/FISCAL NOTE                        H 25