S.Amdt. 1789
What it does: Adds SEC. ____. REGULATIONS REGARDING POOLS wherever appropriate
Sen. Jim DeMint (R-SC)What it changes
1 change to S. 1813
Adds SEC. ____. REGULATIONS REGARDING POOLS wherever appropriate
Adds a sectionInserted: SEC. ____. REGULATIONS REGARDING POOLS.
Inserted: (a) Definitions.--
Inserted: (1) Covered regulation.--The term "covered regulation" means--
Inserted: (A) the portions of part 35 of title 28, Code of Federal Regulations, that were added under the final rule issued by the Attorney General entitled "Nondiscrimination on the Basis of Disability in State and Local Government Services", 75 Fed. Reg. 56164 (September 15, 2010); and
Inserted: (B) the portions of part 36 of title 28, Code of Federal Regulations, that were added under the final rule issued by the Attorney General entitled "Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities", 75 Fed. Reg. 56236 (September 15, 2010).
Inserted: (2) Pool.--The term "pool" means a swimming pool, wading pool, sauna, steam room, spa, wave pool, lazy river, sand bottom pool, or other water amusement, within the meaning of part 36 of title 28, Code of Federal Regulations.
Inserted: (3) Private entity; public accommodation.--The terms "private entity" and "public accommodation" have the meanings given the terms in section 301 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12181).
Inserted: (4) Public entity.--The term "public entity" has the meaning given the term in section 201 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12131).
Inserted: (b) Compliance Through Acquisition and Use of Portable Lifts.--A public entity that provides a pool that is covered by title II of the Americans with Disabilities Act of 1990 (42 U.S.C. 12131 et seq.) shall not be considered to commit a discriminatory act under that title because the entity facilitates use of the pool by acquiring and using 1 portable pool lift rather than installing 1 or more permanent pool lifts. A private entity that provides a public accommodation with a pool covered by title III of such Act (42 U.S.C. 12181 et seq.) shall not be considered to commit a discriminatory act under that title because the entity facilitates use of the pool by acquiring and using 1 portable pool lift for the pool rather than installing 1 or more permanent pool lifts.
The amendment doesn't say where this goes; the clerk decides.
Original wording
At the appropriate place, insert the following:
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As printed
SA 1789. Mr. DeMINT submitted an amendment intended to be proposed by him to the bill S. 1813, to reauthorize Federal-aid highway and highway safety construction programs, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ____. REGULATIONS REGARDING POOLS.
(a) Definitions.--
(1) Covered regulation.--The term “covered regulation” means--
(A) the portions of part 35 of title 28, Code of Federal Regulations, that were added under the final rule issued by the Attorney General entitled “Nondiscrimination on the Basis of Disability in State and Local Government Services”, 75 Fed. Reg. 56164 (September 15, 2010); and
(B) the portions of part 36 of title 28, Code of Federal Regulations, that were added under the final rule issued by the Attorney General entitled “Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities”, 75 Fed. Reg. 56236 (September 15, 2010).
(2) Pool.--The term “pool” means a swimming pool, wading pool, sauna, steam room, spa, wave pool, lazy river, sand bottom pool, or other water amusement, within the meaning of part 36 of title 28, Code of Federal Regulations.
(3) Private entity; public accommodation.--The terms “private entity” and “public accommodation” have the meanings given the terms in section 301 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12181).
(4) Public entity.--The term “public entity” has the meaning given the term in section 201 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12131).
(b) Compliance Through Acquisition and Use of Portable Lifts.--A public entity that provides a pool that is covered by title II of the Americans with Disabilities Act of 1990 (42 U.S.C. 12131 et seq.) shall not be considered to commit a discriminatory act under that title because the entity facilitates use of the pool by acquiring and using 1 portable pool lift rather than installing 1 or more permanent pool lifts. A private entity that provides a public accommodation with a pool covered by title III of such Act (42 U.S.C. 12181 et seq.) shall not be considered to commit a discriminatory act under that title because the entity facilitates use of the pool by acquiring and using 1 portable pool lift for the pool rather than installing 1 or more permanent pool lifts.
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Senate amendment submitted
March 5, 2012