1.1                          A bill for an act 
  1.2             relating to human services; defining portable wading 
  1.3             pools; clarifying the use of portable wading pools at 
  1.4             family day care settings; amending Minnesota Statutes 
  1.5             2000, sections 144.1222, by adding a subdivision; 
  1.6             245A.14, by adding a subdivision. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2000, section 144.1222, is 
  1.9   amended by adding a subdivision to read: 
  1.10     Subd. 2a.  [POOLS AT FAMILY DAY CARE OR GROUP FAMILY DAY 
  1.11  CARE HOMES.] A portable wading pool that is located at a family 
  1.12  day care or group family day care home licensed under Minnesota 
  1.13  Rules, chapter 9502, or at a home at which child care services 
  1.14  are provided under section 245A.03, subdivision 2, clause (2), 
  1.15  shall be defined as a private residential pool and not as a 
  1.16  public pool for purposes of public swimming pool regulations 
  1.17  under Minnesota Rules, chapter 4717, provided that the portable 
  1.18  wading pool has a maximum depth of 24 inches and is capable of 
  1.19  being manually emptied and moved.  
  1.20     Sec. 2.  Minnesota Statutes 2000, section 245A.14, is 
  1.21  amended by adding a subdivision to read: 
  1.22     Subd. 10.  [PORTABLE WADING POOLS; FAMILY DAY CARE AND 
  1.23  GROUP FAMILY DAY CARE PROVIDERS.] A portable wading pool as 
  1.24  defined in section 144.1222 may not be used by a child at a 
  1.25  family day care or group family day care home or at a home at 
  1.26  which child care services are provided under section 245A.03, 
  2.1   subdivision 2, clause (2), unless the parent or legal guardian 
  2.2   of the child has provided written consent.  The written consent 
  2.3   shall include a statement that the parent or legal guardian has 
  2.4   received and read material provided by the department of health 
  2.5   to the department of human services for distribution to all 
  2.6   family day care or group family day care homes related to the 
  2.7   risk of disease transmission as well as other health risks 
  2.8   associated with the use of portable wading pools. 
  2.9      Sec. 3.  [EFFECTIVE DATE.] 
  2.10     Sections 1 and 2 are effective the day following final 
  2.11  enactment.