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S1294.................................................by HEALTH AND WELFARE SWIMMING POOLS - Amends existing law to provide that the term "public swimming pool" does not include a swimming pool operated solely for and in conjunction with certain places of lodging and residential facilities containing multiple dwellings. 01/17 Senate intro - 1st rdg - to printing 01/18 Rpt prt - to Health/Wel 01/23 Rpt out - rec d/p - to 2nd rdg 01/24 2nd rdg - to 3rd rdg 01/28 3rd rdg - PASSED - 29-4-2 AYES -- Andreason, Brandt, Bunderson, Burtenshaw, Cameron, Darrington, Deide, Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch, Sandy, Schroeder, Sorensen, Stennett, Thorne(Thorne), Wheeler, NAYS -- Boatright, Davis, Stegner, Williams Absent and excused -- Branch, Sims Floor Sponsors - King-Barrutia & Stennett Title apvd - to House 01/29 House intro - 1st rdg - to Health/Wel 02/27 Rpt out - rec d/p - to 2nd rdg 02/28 2nd rdg - to 3rd rdg 03/08 3rd rdg - PASSED - 59-8-3 AYES -- Aikele, Barrett, Bedke, Bell, Bieter, Black, Block, Bolz, Bradford, Bruneel, Callister, Campbell, Collins, Crow, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20), Gagner, Hadley, Hammond, Harwood, Hornbeck, Jaquet, Kellogg(Duncan), Kendell, Kunz, Lake, Langford, Loertscher, Mader, Martinez, McKague, Meyer, Mortensen, Moyle, Pearce, Pischner, Pomeroy, Raybould, Ridinger, Roberts, Sali, Schaefer, Sellman, Shepherd, Smith(33), Smith(23), Smylie, Stevenson, Stone, Tilman, Trail, Wheeler, Wood, Young NAYS -- Barraclough, Boe, Cuddy, Henbest, Higgins, Jones, Montgomery, Robison Absent and excused -- Clark, Gould, Mr. Speaker Floor Sponsor - Ellis Title apvd - to Senate 03/11 To enrol 03/12 Rpt enrol - Pres signed - Sp signed 03/13 To Governor 03/21 Governor signed Session Law Chapter 191 Effective: 07/01/02
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002IN THE SENATE SENATE BILL NO. 1294 BY HEALTH AND WELFARE COMMITTEE 1 AN ACT 2 RELATING TO THE DEPARTMENT OF HEALTH AND WELFARE; AMENDING SECTION 56-1001, 3 IDAHO CODE, TO PROVIDE THAT THE TERM "PUBLIC SWIMMING POOL" DOES NOT 4 INCLUDE A SWIMMING POOL OPERATED SOLELY FOR AND IN CONJUNCTION WITH CER- 5 TAIN PLACES OF LODGING AND RESIDENTIAL FACILITIES CONTAINING MULTIPLE 6 DWELLINGS. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Section 56-1001, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 56-1001. DEFINITIONS. Whenever used or referred to in this chapter, 11 unless a different meaning clearly appears from the context, the following 12 terms shall have the following meanings: 13 (1) "Board" means the board of health and welfare as created in section 14 56-1005, Idaho Code. 15 (2) "Department" means the department of health and welfare. 16 (3) "Director" means the director of the department of health and wel- 17 fare. 18 (4) "Laboratory" means not only facilities for biological, serological, 19 biophysical, cytological and pathological tests, but also facilities for the 20 chemical or other examination of materials from water, air or other sub- 21 stances. 22 (5) "Person" means any individual, association, partnership, firm, joint 23 stock company, trust, estate, political subdivision, public or private corpo- 24 ration, state or federal governmental department, agency or instrumentality, 25 or any other legal entity which is recognized by law as the subject of rights 26 and duties. 27 (6) "Public swimming pool" means an artificial structure, and its appur- 28 tenances, which contains water more than two (2) feet deep which is used or 29 intended to be used for swimming or recreational bathing, and which is for the 30 use of any segment of the public pursuant to a general invitation but not an 31 invitation to a specific occasion or occasions. The term does not include a 32 swimming pool operated solely for and in conjunction with a hotel, motel or 33 other place of lodging, or a trailer park, apartment, condominium or any other 34 residential facility containing multiple dwellings. 35 (7) "State" means the state of Idaho. 36 (8) "Substantive" means that which creates, defines or regulates the 37 rights of any person or implements, interprets or prescribes law or policy, 38 but does not include statements concerning only the internal management of the 39 department and not affecting private rights or procedures available to the 40 public.
STATEMENT OF PURPOSE RS 11594 There is an ambiguity in current statute as to whether swimming pools at lodging facilities and residential complexes are “public swimming pools” subject to regulation by the Idaho Department of Health and Welfare under Idaho Code 5 6—1003 (d) The intent of this legislation is to clarify the definition of “public swimming pool.” FISCAL IMPACT It is possible that this could result in savings to the department. Contact Name: Senator Robbi Barrutia Phone: 332—1347 STATEMENT OF PURPOSE/FISCAL NOTE S 1294