STAND. COM. REP. NO. 2250

Honolulu, Hawaii

RE: S.B. No. 2804

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-First State Legislature

Regular Session of 2022

State of Hawaii

Sir:

Your Committee on Health, to which was referred S.B. No. 2804 entitled:

"A BILL FOR AN ACT RELATING TO POOLS,"

begs leave to report as follows:

The purpose and intent of this measure is to define "pool" to mean a watertight artificial structure containing a body of water that does not exchange water with any other body of water either naturally or mechanically used for swimming, diving, recreational bathing, or therapy by humans, for purposes of the Department of Health's authority to adopt rules concerning public health and safety.

Your Committee received testimony in support of this measure from the Department of Health.

Your Committee finds that the Department of Health is authorized to regulate pools such as public swimming pools. However, because there is no definition of "pool" in the statute's authorizing language, the Department of Health's authority could be read to extend to structures such as lagoons or the Waikiki War Memorial Natatorium. This measure clarifies that the Department of Health is authorized to regulate structures such as public swimming pools.

Your Committee has amended this measure by making technical, nonsubstantive amendments for the purposes of clarity and consistency.

As affirmed by the record of votes of the members of your Committee on Health that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2804, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2804, S.D. 1, and be referred to your Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Health,

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JARRETT KEOHOKALOLE, Chair