Bill Text: CA AB735 | 2017-2018 | Regular Session | Amended

California Assembly Bill 735 (Prior Session Legislation)

Bill Title: Swimming pools: public safety.

Sponsorship: Bipartisan Bill

Status: (Engrossed - Dead) 2017-09-01 - In committee: Held under submission. [AB735 Detail]

Download: California-2017-AB735-Amended.html

Amended IN Assembly May 26, 2017

Amended IN Assembly March 30, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill

No. 735

Introduced by Assembly Member Maienschein
(Coauthors: Assembly Members Mathis and Voepel)
(Coauthor: Senator Hertzberg)

February 15, 2017

An act to amend Section 116045 of, to amend the heading of Article 5 (commencing with Section 116025) of Chapter 5 of Part 10 of Division 104 of, and to add Section 116046 to, the Health and Safety Code, relating to swimming pools.

LEGISLATIVE COUNSEL'S DIGEST

AB 735, as amended, Maienschein. Swimming pools: ~~Automated External Defibrillators.~~ public safety.

Existing law provides for the regulation of private swimming pools. Existing law also provides for the regulation of public swimming pools by the State Department of Public Health. Existing law requires the provision of lifeguard services at any public swimming pool that is of wholly artificial construction and for the use of which a direct fee, as defined, is imposed. A violation of those provisions is a crime.

This bill would require those public swimming ~~pools~~ pools, as defined, that are required to provide lifeguard services and that charge a direct fee to additionally provide an Automated External Defibrillator (AED) during pool operations. ~~The bill would also require every K-12 school with a swimming pool onsite to provide an AED during pool operations.~~ Because the failure to comply with these provisions would be a crime, ~~and by imposing additional duties on local entities,~~ the bill would create a state-mandated local program. The bill would also require the State Department of Education, in consultation with the State Department of Public Health, to issue best practices guidelines related to pool safety at K–12 schools.

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 with regard to certain mandates no reimbursement is required by this act for a specified reason.~~
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
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 no reimbursement is required by this act for a specified reason.

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

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

SECTION 1.

The heading of Article 5 (commencing with Section 116025) of Chapter 5 of Part 10 of Division 104 of the Health and Safety Code is amended to read:

Article 5. Swimming Pool Sanitation and Safety

SEC. 2.

Section 116045 of the Health and Safety Code is amended to read:

116045.

(a) Lifeguard service shall be provided for any public swimming pool that is of wholly artificial construction and for the use of which a direct fee is charged. For all other public swimming pools, lifeguard service shall be provided or signs shall be erected clearly indicating that the service is not provided.

(b) Every public swimming pool that is required to provide lifeguard services and that charges a direct ~~fee~~ fee, as defined in subdivision (c), shall provide on its premises an Automated External Defibrillator (AED) unit. The AED unit shall be readily available during pool operations.

~~(c)“Direct fee,” as used in this section,~~
(c) For purposes of this section:

(1) “Direct fee” means a separately stated fee or charge for the use of a public swimming pool to the exclusion of any other service, facility, or amenity.

(2) “Public swimming pool” means any public swimming pool defined in Section 116025 that is open to the public.

SEC. 3.Section 116046 is added to the Health and Safety Code, to read:
116046.
~~Every K-12 school with a swimming pool onsite shall provide on its premises an Automated External Defibrillator (AED) unit. The AED unit shall be readily available during pool operations.~~
SEC. 4.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other 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.

SEC. 3.

Section 116046 is added to the Health and Safety Code, to read:

116046.
The State Department of Education, in consultation with the State Department of Public Health, shall issue best practices guidelines related to pool safety at K-12 schools.

SEC. 4.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.