View Daily Data Tracking History
View Bill Text
View Statement of Purpose / Fiscal Impact
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
|||| 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
2 RELATING TO PUBLIC SWIMMING POOLS; AMENDING SECTION 56-1003, IDAHO CODE, TO
3 PROVIDE CONDITIONS UNDER WHICH A LIFEGUARD OR OTHER ADULT MAY BE REQUIRED
4 AT PUBLIC SWIMMING POOLS.
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
2
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
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
None.
Contact
Name: Rep. Wendy Jaquet
Phone: 322-1130
STATEMENT OF PURPOSE/FISCAL NOTE H 25