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H0122aaS........................................................by BUSINESS
LIQUEFIED PETROLEUM GAS DEALERS - Adds to and amends existing law to
provide for licensing liquefied petroleum gas dealers and facilities; to
create the Idaho Liquefied Petroleum Gas Safety Board; to provide powers
and duties of the board; to provide for the denial and issuance of
licenses; to provide for the classification of licenses; to provide for the
form of a license, records, fees and payment of costs and expenses; to
provide for nontransferal of licenses; to provide for revocation or
suspension of a license and procedures for disciplinary proceedings; to
provide for violations and penalties; to specify the duty of the
prosecuting attorneys and the Attorney General of the State of Idaho; to
provide that the Department of Self-Governing Agencies shall include the
Idaho Liquefied Petroleum Safety Board; and to provide that the Bureau of
Occupational Licenses is empowered to provide services for the Idaho
Liquefied Petroleum Safety Board.
02/04 House intro - 1st rdg - to printing
02/07 Rpt prt - to Bus
02/16 Rpt out - rec d/p - to 2nd rdg
02/17 2nd rdg - to 3rd rdg
02/22 3rd rdg - PASSED - 59-11-0
AYES -- Anderson, Andrus, Barraclough, Bastian, Bayer, Bedke, Bell,
Bilbao, Black, Block, Boe, Bolz, Bradford, Cannon, Chadderdon, Clark,
Collins, Deal, Denney, Edmunson, Ellsworth, Eskridge, Field(18),
Field(23), Garrett, Harwood, Henbest, Henderson, Jaquet, Jones, Kemp,
Lake, Loertscher, Martinez, Mathews, McGeachin, Miller, Mitchell,
Nielsen, Nonini, Pasley-Stuart, Pence, Raybould, Ring, Roberts,
Rusche, Rydalch, Sayler, Shepherd(2), Shirley, Skippen, Smith(30),
Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Mr. Speaker
NAYS -- Barrett, Crow, Hart, LeFavour, McKague, Moyle, Ringo, Sali,
Schaefer, Shepherd(8), Wood
Absent and excused -- None
Floor Sponsor - Black
Title apvd - to Senate
02/23 Senate intro - 1st rdg - to Com/HuRes
03/02 Rpt out - to 14th Ord
03/04 Rpt out amen - to 1st rdg as amen
03/07 1st rdg - to 2nd rdg as amen
03/08 2nd rdg - to 3rd rdg as amen
03/10 3rd rdg as amen - PASSED - 25-5-4, 1 vacancy
AYES -- Andreason, Broadsword, Bunderson, Burkett, Cameron, Coiner,
Compton, Corder, Darrington, Davis, Geddes, Goedde, Jorgenson, Kelly,
Keough, Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie,
Stennett, Sweet, Werk
NAYS -- Brandt, Burtenshaw, Richardson, Schroeder, Williams
Absent and excused -- Gannon, Hill, Pearce, Stegner, (District 21
seat vacant)
Floor Sponsor - President Pro Tempore Geddes
Title apvd - to House
03/11 House concurred in Senate amens - to engros
03/14 Rpt engros - 1st rdg - to 2nd rdg as amen
03/15 2nd rdg - to 3rd rdg as amen
03/16 3rd rdg as amen - PASSED - 62-6-2
AYES -- Anderson, Andrus, Barraclough, Bastian, Bayer, Bedke, Bell,
Bilbao, Black, Block, Boe, Bolz, Bradford, Cannon, Chadderdon, Clark,
Collins, Deal, Denney, Edmunson, Ellsworth, Eskridge, Field(18),
Field(23), Garrett, Hart(Jacobson), Henbest, Henderson, Jaquet,
Jones, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews, Miller,
Mitchell, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould, Ring,
Ringo, Roberts, Rusche, Rydalch, Sayler, Schaefer, Shepherd(2),
Shepherd(8), Shirley, Skippen, Smith(30), Smith(24), Smylie,
Snodgrass, Stevenson, Trail, Wills, Mr. Speaker
NAYS -- Barrett, Harwood, McGeachin, McKague, Moyle, Sali
Absent and excused -- Crow, Wood
Floor Sponsor - Black
Title apvd - to enrol
03/17 Rpt enrol - Sp signed
03/18 Pres signed
03/21 To Governor
03/23 Governor signed
Session Law Chapter 143
Effective: 07/01/05
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 122
BY BUSINESS COMMITTEE
1 AN ACT
2 RELATING TO REGULATION OF LIQUEFIED PETROLEUM GAS; AMENDING TITLE 54, IDAHO
3 CODE, BY THE ADDITION OF A NEW CHAPTER 51, TITLE 54, IDAHO CODE, TO PRO-
4 VIDE A SHORT TITLE, TO PROVIDE A DECLARATION OF POLICY, TO PROVIDE DEFINI-
5 TIONS, TO PROVIDE FOR A LICENSE REQUIREMENT, TO PROVIDE EXEMPTIONS, TO
6 PROVIDE FOR THE LICENSING OF APPLICANTS AND ENDORSEMENT, TO PROVIDE QUALI-
7 FICATIONS FOR DEALER LICENSE, TO PROVIDE FOR ISSUING A FACILITY LICENSE
8 AND TO PROVIDE FOR EQUIPMENT SAFETY AND FACILITY INSPECTIONS, TO CREATE
9 THE IDAHO LIQUEFIED PETROLEUM GAS SAFETY BOARD, TO PROVIDE POWERS AND
10 DUTIES OF THE BOARD, TO PROVIDE FOR THE DENIAL AND ISSUANCE OF LICENSES,
11 TO PROVIDE FOR THE CLASSIFICATION OF LICENSES, TO PROVIDE FOR THE FORM OF
12 A LICENSE, RECORDS, FEES AND PAYMENT OF COSTS AND EXPENSES, TO PROVIDE FOR
13 NONTRANSFERAL OF LICENSES, TO PROVIDE FOR REVOCATION OR SUSPENSION OF A
14 LICENSE AND PROCEDURES FOR DISCIPLINARY PROCEEDINGS, TO PROVIDE FOR VIOLA-
15 TIONS AND PENALTIES, TO SPECIFY THE DUTY OF PROSECUTING ATTORNEYS AND THE
16 ATTORNEY GENERAL OF THE STATE OF IDAHO AND TO LIMIT LIABILITY OF LICEN-
17 SEES; AMENDING SECTION 67-2601, IDAHO CODE, TO PROVIDE THAT THE DEPARTMENT
18 OF SELF-GOVERNING AGENCIES SHALL INCLUDE THE LIQUEFIED PETROLEUM SAFETY
19 BOARD; AND AMENDING SECTION 67-2602, IDAHO CODE, TO PROVIDE THAT THE
20 BUREAU OF OCCUPATIONAL LICENSES IS EMPOWERED TO PROVIDE SERVICES FOR THE
21 LIQUEFIED PETROLEUM SAFETY BOARD AND TO PROVIDE PROPER TERMINOLOGY.
22 Be It Enacted by the Legislature of the State of Idaho:
23 SECTION 1. That Title 54, Idaho Code, be, and the same is hereby amended
24 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap-
25 ter 51, Title 54, Idaho Code, and to read as follows:
26 CHAPTER 51
27 IDAHO LIQUEFIED PETROLEUM GAS PUBLIC SAFETY ACT
28 54-5101. SHORT TITLE. This chapter shall be known and may be cited as the
29 "Idaho Liquefied Petroleum Gas Public Safety Act."
30 54-5102. DECLARATION OF POLICY. (1) In order to protect the public
31 health, safety and welfare, every person practicing or offering to practice as
32 a liquefied petroleum gas dealer as herein defined shall submit evidence of
33 meeting such education, experience and examination qualifications as hereinaf-
34 ter provided and be licensed in accordance with the provisions of this chap-
35 ter.
36 (2) In order to protect the public health, safety and welfare, it shall
37 be unlawful to own or operate any facility engaged in liquefied petroleum gas
38 facility operation unless such facility is licensed in accordance with the
39 provisions of this chapter.
40 (3) Every person so licensed and every facility so licensed shall main-
41 tain prescribed standards of competence, conduct and operation, and shall
2
1 annually renew said license in order to continue such practice or operation.
2 This chapter shall be liberally construed to promote the public interest and
3 to accomplish the purpose stated herein.
4 54-5103. DEFINITIONS. (1) "Board" means the liquefied petroleum gas
5 safety board.
6 (2) "Bureau" means the bureau of occupational licenses.
7 (3) "Department" means the department of self-governing agencies.
8 (4) "Good moral character" means the absence of any behavior that vio-
9 lates accepted standards of the community including, but not limited to:
10 (a) Conviction or plea of guilty to a felony or other crime involving
11 moral turpitude;
12 (b) Habitual use of drugs or intoxicants to such a degree as to render a
13 person unfit and unreliable to practice;
14 (c) Revocation or suspension or other restriction of any license or cer-
15 tificate in any state in the previous five (5) years; and
16 (d) Failure to pay final judgments in any state in the previous seven (7)
17 years.
18 (5) "License" means a physical document issued by the bureau certifying
19 that a person or facility has met the appropriate qualifications and has been
20 granted the authority to practice or operate in Idaho under the provisions of
21 this chapter.
22 (6) "Liquefied petroleum gas" or "LPG" or "LP-Gas" means any material
23 that is composed predominantly of or by the mixture of any of the following
24 hydrocarbons: propane, propylene, butanes, isobutanes and butylenes.
25 (7) "LPG facility" means any facility at a fixed location licensed pursu-
26 ant to this chapter whose activities include selling, filling, refilling, or
27 commercial handling or commercial storage of LPG.
28 (8) "LPG dealer" means any person licensed pursuant to this chapter who
29 engages in LPG dealer practice.
30 (9) "LPG dealer practice" means a person engaging in the selling, fill-
31 ing, refilling, transporting, delivering, or commercial handling of LPG, or
32 engaging in the installation or maintenance of systems, equipment, pipes or
33 containers for the use or storage of LPG.
34 (10) "LPG code" means the liquefied petroleum gas code adopted by the
35 national fire protection association, inc., commonly known as NFPA 58.
36 54-5104. LICENSE REQUIRED -- BUSINESS ENTITIES -- NAME AND ADDRESS
37 CHANGE. (1) It shall be unlawful for any person to practice or to offer to
38 engage in any practice governed by this chapter, or display a sign or in any
39 other way advertise or represent oneself as a person who engages in such prac-
40 tices, unless duly licensed in accordance with this chapter. The license shall
41 be posted in the person's established place of business or carried upon the
42 person, and shall be presented upon demand as proof of licensing.
43 (2) A person, corporation, partnership, trust, association or other legal
44 entity may maintain an established facility for engaging in an operation gov-
45 erned by this chapter, provided that such facility is properly licensed pursu-
46 ant to this chapter. No person, corporation, partnership, trust, association
47 or other legal entity may operate or conduct business under an assumed busi-
48 ness name unless such operation or business is registered in accordance with
49 the rules of the board.
50 (3) All holders of individual or facility licenses shall notify the board
51 in writing of any change of address of office or established place of business
52 within thirty (30) days of such change.
53 (4) All holders of individual or facility licenses shall report to the
3
1 board and provide official documentation of any name change within thirty (30)
2 days after the change becomes final.
3 54-5105. EXEMPTIONS. (1) The provisions of this chapter shall not apply
4 to persons or entities engaging in the activities of selling, filling, refill-
5 ing, transporting, delivering, or the commercial handling of natural gas or
6 petroleum distillates, or persons engaging in the installation or maintenance
7 of equipment used in the selling or handling or use of natural gas or petro-
8 leum distillates.
9 (2) The provisions of this chapter shall not apply to persons engaged in
10 the dispensing of LPG into portable containers.
11 (3) The provisions of this chapter shall not apply to facilities engaged
12 in the sale or exchange of portable containers possessing LPG.
13 54-5106. LICENSING OF APPLICANTS -- ENDORSEMENT. (1) The board shall
14 issue a license to each applicant who submits the required information on an
15 application form provided by the board together with the supporting documenta-
16 tion and the required fees, and who demonstrates to the satisfaction of the
17 board that the applicant meets the education, experience, and examination
18 requirements, or the facility requirements, of this chapter and the rules
19 adopted thereto.
20 (2) Whenever the board determines that another state or country has
21 licensing requirements substantially equivalent to or higher than those in
22 effect pursuant to this chapter, the board may, upon receipt of the required
23 application, supporting documentation, and required fee, issue licenses to
24 applicants who hold current, unsuspended, unrevoked or otherwise nonsanctioned
25 licenses in such other state or country. The board, in its discretion, may
26 require by rule that applicants who received their professional education or
27 experience outside of the United States provide additional information to the
28 board concerning such professional education or experience. The board may
29 also, in its discretion, require successful completion of additional course
30 work or examination.
31 54-5107. QUALIFICATIONS FOR A DEALER'S LICENSE. Except as herein other-
32 wise provided, the following shall be considered minimum requirements for a
33 dealer's license. All applicants shall:
34 (1) Provide verification acceptable to the board of:
35 (a) Being at least eighteen (18) years of age; and
36 (b) Good moral character; and
37 (c) Never having had a license revoked or otherwise sanctioned as part of
38 disciplinary action from this or any other state; and
39 (d) Never having been convicted, found guilty, or received a withheld
40 judgment for any felony; and
41 (e) Never having been found by the board to have engaged in conduct pro-
42 hibited by this chapter.
43 The board may take into consideration the rehabilitation of the applicant and
44 other mitigating circumstances when considering applications for a license.
45 (2) Provide documentation satisfactory to the board that the applicant
46 has successfully completed a certified educational training program approved
47 by the board.
48 (3) Provide documentation satisfactory to the board that the applicant
49 has successfully completed such experience as may be required by the board.
50 (4) Provide documentation that the applicant has successfully passed an
51 examination approved by the board.
52 (5) Prior to July 1, 2006, the board may deem other education, experi-
4
1 ence, or examinations equivalent to the licensing requirements set forth in
2 this chapter, provided that the board is satisfied, and the applicant provides
3 documentation acceptable to the board that such applicant has:
4 (a) Documented experience in this state prior to July 1, 2005, in the LPG
5 industry; and
6 (b) Practiced for not less than five (5) years in the field for which
7 such applicant is applying for a license; and
8 (c) Applied for a license prior to July 1, 2006.
9 54-5108. FACILITY LICENSE -- EQUIPMENT -- INSPECTIONS. (1) The board
10 shall issue a facility license to any person, corporation, partnership, trust,
11 association or other legal entity to operate at specific locations only. No
12 facility license shall be transferable, but an applicant may make application
13 for more than one (1) facility license so long as all of the requirements are
14 met for each license individually. Except as herein otherwise provided, the
15 following shall be considered minimum requirements for a facility license:
16 (a) That the applicant is lawfully entitled to do business within the
17 United States;
18 (b) That the applicant has not been refused a license for a facility, or
19 its equivalent, or had a personal or facility license revoked in Idaho or
20 in any other state;
21 (c) That the applicant has designated the name under which the facility
22 will operate and has designated a specific location for which the facility
23 license is to be issued;
24 (d) That the applicant has at least one (1) dealer licensed under this
25 chapter who is a resident of the state of Idaho and who is, and will be,
26 responsible for the operation of the facility;
27 (e) That the applicant has filed an application and paid the required
28 filing fee;
29 (f) That the applicant's facility meets the requirements of the LPG code,
30 except as designated by the board by rule;
31 (g) All applications for facility licenses are in writing and contain the
32 name of the applicant, the address and location of the facility and a
33 description of the type of structure and equipment to be used in the oper-
34 ation of the facility, and such further information as may be required by
35 the board to ensure the safe operation of the facility, and its compliance
36 with the requirements of this chapter;
37 (h) The person responsible for the operation of a facility maintains such
38 records documenting the storage, transportation, dispensation and utiliza-
39 tion of LPG as may be required by the laws of the state of Idaho and the
40 rules adopted by the board; and
41 (i) In the event a licensed facility ceases to have a licensed dealer in
42 its employ responsible for operation of the facility, all operation
43 involving practices regulated under this chapter shall cease and written
44 notification of such fact shall be submitted immediately to the board. In
45 the event a licensed facility fails to have a licensed dealer in its
46 employ responsible for the facility within thirty (30) days of said
47 notice, the facility license shall be summarily suspended until a licensed
48 dealer is so employed.
49 (2) The board may adopt rules setting forth minimum general standards
50 covering the design, construction, location, installation and operation of
51 systems, equipment, pipes and containers for storing, handling, transporting
52 by tank truck or tank trailer, and using liquefied petroleum gases and speci-
53 fying the odorization of the gases and the degree thereof.
54 (3) The board shall adopt inspection rules regarding LPG facilities.
5
1 54-5109. IDAHO LIQUEFIED PETROLEUM GAS SAFETY BOARD. (1) There is hereby
2 established in the department of self-governing agencies the Idaho liquefied
3 petroleum gas safety board and the members thereof shall be appointed by the
4 governor. In making appointments, the governor shall give consideration to
5 recommendations submitted by the rocky mountain propane association and other
6 such nominations as may be received. If recommendations are not made within
7 sixty (60) days of notification and request, the governor may make appoint-
8 ments of any qualified individual.
9 (2) The board shall consist of five (5) members, two (2) of whom shall be
10 licensed dealers pursuant to the provisions of this chapter; and one (1) of
11 whom shall be a volunteer fireman in a rural area of the state; and one (1) of
12 whom shall be a fireman employed by a city fire department in the state; and
13 one (1) of whom shall be a representative of the general public not employed
14 or otherwise connected with the practices or operations regulated pursuant to
15 this chapter.
16 (3) The members of the first board shall serve for the following terms:
17 one (1) dealer member shall serve for one (1) year; one (1) fireman member
18 shall serve for two (2) years; one (1) dealer member shall serve for three (3)
19 years; and one (1) fireman member and the public member shall each serve for
20 four (4) years. Each member shall serve from the effective date of appointment
21 or until a successor is duly appointed and qualified. Upon the expiration of
22 the term of any member of the board, the governor shall appoint the subsequent
23 member for a term of four (4) years. No member shall be appointed for more
24 than two (2) successive terms.
25 (4) The governor may remove any member of the board for misconduct,
26 incompetence, neglect of duty, or for any other cause.
27 (5) Three (3) members of the board shall constitute a quorum, and may
28 exercise all the power and authority conferred on the board.
29 (6) Within thirty (30) days of the appointment of the first board and
30 annually thereafter, the members shall meet and elect from among the members
31 by majority vote of those present a chairman who shall serve for one (1) year.
32 (7) The board shall meet thereafter no less than annually at such times
33 and at such places as may be specified by the chairman or by the written
34 request of at least two (2) members.
35 (8) Each member of the board shall be compensated as provided in section
36 59-509(h), Idaho Code.
37 54-5110. POWERS AND DUTIES OF THE BOARD. The powers and duties of the
38 board are as follows, to:
39 (1) Authorize all disbursements necessary to carry out the provisions of
40 this chapter;
41 (2) Approve and administer qualifying examinations to test the knowledge
42 and competence of applicants for a license;
43 (3) Supervise the approval and issuance of licenses as provided in this
44 chapter, and to license persons who apply to the board and who are qualified
45 pursuant to this chapter;
46 (4) Renew licenses to persons who apply to the board and who are quali-
47 fied pursuant to this chapter;
48 (5) Accept complaints and conduct investigations concerning alleged
49 violations of the provisions of this chapter;
50 (6) Require and conduct inspections of facilities licensed pursuant to
51 this chapter;
52 (7) Conduct disciplinary proceedings and take such action as may be
53 appropriate for any violation of this chapter;
54 (8) Authorize, by written agreement, the bureau of occupational licenses
6
1 as agent to act in its interest;
2 (9) Impose reasonable costs, investigative expenses and attorney's fees
3 incurred in enforcing the provisions of this chapter upon a licensee found to
4 have violated one (1) or more provisions of this chapter;
5 (10) Enforce all provisions of this chapter and board rules including, but
6 not limited to, issuing subpoenas, and obtaining restraining orders and
7 injunctions prohibiting conduct in violation of the provisions of this chap-
8 ter; and
9 (11) Make and publish rules not inconsistent with the laws of this state
10 which are necessary to carry out the provisions of this chapter. The rules
11 relating to safety in the storage, distribution, dispensing, transporting and
12 utilization of LPG in this state and in the manufacture, fabrication, assem-
13 bly, sale, installation and use of LPG systems, piping, containers, apparatus
14 or appliances shall be just and reasonable and shall conform, except as estab-
15 lished by board rule, to the standards of the LPG code relating to the design,
16 construction, installation and use of systems, piping, containers, apparatus,
17 appliances and pertinent equipment for the storage, transportation, dispensa-
18 tion and utilization of LPG.
19 54-5111. DENIAL OR ISSUANCE OF LICENSES. (1) The board shall approve or
20 disapprove all applications, and in the event an application is disapproved,
21 the board shall promptly return to the applicant the license fee. Within fif-
22 teen (15) days after the denial of a license, the board shall notify the
23 applicant of the denial and specify the reasons for the denial.
24 (2) If the applicant is qualified for licensing pursuant to the provi-
25 sions of this chapter, the board shall approve the application and issue a
26 license for the appropriate classification according to section 54-5112, Idaho
27 Code.
28 (3) If the application for a facility license is complete and meets the
29 provisions of this chapter, and the applicant attests that the equipment used
30 at the facility complies with the minimum safety standards established by the
31 board, the board shall approve the application and issue a license for the
32 appropriate classification according to section 54-5112, Idaho Code.
33 54-5112. CLASSIFICATIONS OF LICENSES. For the purpose of administering
34 the provisions of this chapter, the board may issue licenses in such types and
35 classifications as may be necessary and as determined by board rule. Such
36 license types may include, but not be limited to:
37 (1) An LPG dealer;
38 (2) An LPG facility;
39 (3) Any other licenses for persons, businesses or facilities engaged in
40 activities regulated under this chapter that the board determines require a
41 license and are not otherwise exempt under the provisions of this chapter.
42 54-5113. LICENSES -- RECORDS -- FEES -- PAYMENT OF COSTS AND EXPENSES.
43 (1) The bureau of occupational licenses shall, upon the approval of the board
44 and subject to the provisions of this chapter, register and issue licenses to
45 persons who have been approved by the board in accordance with this chapter.
46 The licenses shall bear on their face the seal of the state and the signature
47 of the chief of the bureau of occupational licenses, and shall be effective
48 until the next birthday of the person being licensed. Licenses so issued shall
49 be renewed annually in accordance with section 67-2614, Idaho Code. The provi-
50 sions of sections 67-2609 through 67-2614, Idaho Code, shall apply to licenses
51 issued pursuant to this chapter.
52 (2) The board shall keep and the bureau shall maintain a record of board
7
1 proceedings and a register of all applications that show:
2 (a) The name, age, social security number and residency of each appli-
3 cant;
4 (b) The date of application;
5 (c) The place of business of such applicant;
6 (d) The educational and other qualifications of each applicant;
7 (e) Whether or not an examination was required;
8 (f) Whether the applicant was denied;
9 (g) Whether a license was issued;
10 (h) The dates of the action by the board;
11 (i) Compliance with continuing education requirements; and
12 (j) Such other information as may be deemed necessary by the board.
13 (3) The bureau of occupational licenses shall collect a fee not to exceed
14 two hundred dollars ($200) for each application, each original license, and
15 each annual renewal of any license issued pursuant to this chapter, and shall
16 deposit all fees in the state treasury in accordance with section 67-2605,
17 Idaho Code. The actual fees shall be set by board rule. The bureau shall also
18 collect a fee equal to that charged by the examination provider when an exami-
19 nation is required as a condition of licensing. Fees paid under the provisions
20 of this chapter shall not be refunded unless otherwise specified herein.
21 (4) All fees received under the provisions of this chapter shall be paid
22 to the bureau of occupational licenses and deposited in the state treasury to
23 the credit of the occupational licenses fund and all costs and expenses incur-
24 red under the provisions of this chapter shall be charged against and paid
25 from said fund.
26 54-5114. LICENSES NONTRANSFERABLE -- NOTICE OF CHANGE -- LICENSE FEES NOT
27 REFUNDED. (1) Any license issued under the provisions of this chapter shall
28 not be transferable to any other person, firm, association, partnership, cor-
29 poration or legal entity, and shall be valid only for the particular premises
30 and particular persons described thereon.
31 (2) Whenever there is any transfer or change in the ownership of a facil-
32 ity, or whenever there is any change of name or address, such change shall be
33 reported to the board within thirty (30) days together with such documentation
34 as may be required.
35 54-5115. REVOCATION OR SUSPENSION OF LICENSE -- PROCEDURES FOR DISCIPLIN-
36 ARY PROCEEDINGS. (1) The board shall have the power to refuse to issue a
37 license, or revoke, suspend, refuse to renew, or otherwise sanction any
38 license issued pursuant to the provisions of this chapter for any of the fol-
39 lowing:
40 (a) Procuring a license or registration by knowingly making a false
41 statement, submitting false information, refusing to provide complete
42 information in response to a question in an application for a license or
43 through any form of fraud or misrepresentation;
44 (b) Being convicted of a felony;
45 (c) Misrepresentation or fraudulent representation in the performance of
46 any duty, conduct or activity regulated under this chapter;
47 (d) Violating the provisions of this chapter or any rules of the board or
48 any code of conduct or ethical standards adopted by the board;
49 (e) Being incompetent;
50 (f) Failing to provide appropriate and personal supervision, if acting as
51 the designated supervisor, to any person gaining experience under the pro-
52 visions of this chapter.
53 (2) The board shall have the power to administer oaths, take depositions
8
1 of witnesses within or without the state in the manner provided by law in
2 civil cases, and shall have power throughout the state of Idaho to require the
3 attendance of such witnesses and the production of such books, records and
4 papers as it may desire, relevant to any hearing before it of any matter which
5 it has authority to investigate, and for that purpose the board may issue a
6 subpoena for any witness or a subpoena duces tecum to compel the production of
7 books, records or papers, directed to the sheriff of any county of the state
8 of Idaho where such witness resides or may be found, which shall be served and
9 returned in the same manner as a subpoena in a criminal case.
10 (3) The procedures for disciplinary proceedings shall be in compliance
11 with the Idaho administrative procedure act and the rules of the office of the
12 attorney general and the bureau of occupational licenses.
13 54-5116. VIOLATIONS AND PENALTIES. Any person who shall practice or offer
14 to practice as an LPG dealer or any person who shall operate or attempt to
15 operate an LPG facility as defined in this chapter, without first having a
16 valid and current and unsuspended license issued under the provisions of this
17 chapter, shall be guilty of a misdemeanor and, for each violation, shall be
18 subject to punishment by a fine of not more than one thousand dollars ($1,000)
19 or by imprisonment for a period of not more than six (6) months, or both.
20 54-5117. DUTY OF PROSECUTING ATTORNEY -- DUTY OF ATTORNEY GENERAL. It
21 shall be the duty of the prosecuting attorney or each county to prosecute all
22 violations of this chapter constituting a violation of criminal law and it
23 shall be the duty of the attorney general of the state of Idaho to prosecute
24 any administrative actions brought under the provisions of this chapter as
25 requested by the board.
26 54-5118. LIABILITY OF LICENSEE LIMITED. No person licensed pursuant to
27 this chapter shall be liable for actual or punitive civil damages for injury
28 to persons or property that result from any occurrence caused by the installa-
29 tion, modification, repair, or servicing of equipment or appliances for LPG
30 use by any nonlicensed person unless such licensed person had received written
31 notification or had other actual knowledge of such installation, modification,
32 repair or servicing of equipment or appliances and failed to inspect such
33 installation, modification, repair, or servicing of equipment or appliances
34 within thirty (30) days after receipt of such notice or actual knowledge.
35 SECTION 2. That Section 67-2601, Idaho Code, be, and the same is hereby
36 amended to read as follows:
37 67-2601. DEPARTMENT CREATED -- ORGANIZATION -- DIRECTOR -- BUREAU OF
38 OCCUPATIONAL LICENSES CREATED. (1) There is hereby created the department of
39 self-governing agencies. The department shall, for the purposes of section 20,
40 article IV of the constitution of the state of Idaho, be an executive depart-
41 ment of the state government.
42 (2) The department shall consist of the following:
43 (a) Agricultural commodity commissions: Idaho apple commission, as pro-
44 vided by chapter 36, title 22, Idaho Code; Idaho bean commission, as pro-
45 vided by chapter 29, title 22, Idaho Code; Idaho beef council, as provided
46 by chapter 29, title 25, Idaho Code; Idaho cherry commission, as provided
47 by chapter 37, title 22, Idaho Code; Idaho dairy products commission, as
48 provided by chapter 31, title 25, Idaho Code; Idaho pea and lentil commis-
49 sion, as provided by chapter 35, title 22, Idaho Code; Idaho potato com-
50 mission, as provided by chapter 12, title 22, Idaho Code; Idaho prune com-
9
1 mission, as provided by chapter 30, title 22, Idaho Code; the Idaho wheat
2 commission, as provided by chapter 33, title 22, Idaho Code; and the Idaho
3 aquaculture commission, as provided by chapter 44, title 22, Idaho Code.
4 (b) Professional and occupational licensing boards: Idaho state board of
5 certified public accountancy, as provided by chapter 2, title 54, Idaho
6 Code; board of acupuncture, as provided by chapter 47, title 54, Idaho
7 Code; board of architectural examiners, as provided by chapter 3, title
8 54, Idaho Code; office of the state athletic director, as provided by
9 chapter 4, title 54, Idaho Code; board of barber examiners, as provided by
10 chapter 5, title 54, Idaho Code; board of commissioners of the Idaho state
11 bar, as provided by chapter 4, title 3, Idaho Code; board of chiropractic
12 physicians, as provided by chapter 7, title 54, Idaho Code; Idaho board of
13 cosmetology, as provided by chapter 8, title 54, Idaho Code; Idaho coun-
14 selor licensing board, as provided by chapter 34, title 54, Idaho Code;
15 state board of dentistry, as provided by chapter 9, title 54, Idaho Code;
16 state board of denturitry, as provided by chapter 33, title 54, Idaho
17 Code; state board of engineering examiners, as provided by chapter 12,
18 title 54, Idaho Code; state board for registration of professional geolo-
19 gists, as provided by chapter 28, title 54, Idaho Code; board of hearing
20 aid dealers and fitters, as provided by chapter 29, title 54, Idaho Code;
21 Idaho state board of landscape architects, as provided by chapter 30,
22 title 54, Idaho Code; liquefied petroleum gas safety board, as provided by
23 chapter 51, title 54, Idaho Code; state board of medicine, as provided by
24 chapter 18, title 54, Idaho Code, and its associated physical therapist
25 advisory board, as provided by chapter 22, title 54, Idaho Code; state
26 board of morticians, as provided by chapter 11, title 54, Idaho Code;
27 board of nurses, as provided by chapter 14, title 54, Idaho Code; board of
28 examiners of nursing home administrators, as provided by chapter 16, title
29 54, Idaho Code; state board of optometry, as provided by chapter 15, title
30 54, Idaho Code; Idaho outfitters and guides board, as provided by chapter
31 21, title 36, Idaho Code; board of pharmacy, as provided by chapter 17,
32 title 54, Idaho Code; state board of podiatry, as provided by chapter 6,
33 title 54, Idaho Code; Idaho state board of psychologist examiners, as pro-
34 vided by chapter 23, title 54, Idaho Code; Idaho real estate commission,
35 as provided by chapter 20, title 54, Idaho Code; real estate appraiser
36 board, as provided by chapter 41, title 54, Idaho Code; board of social
37 work examiners, as provided by chapter 32, title 54, Idaho Code; the board
38 of veterinary medicine, as provided by chapter 21, title 54, Idaho Code;
39 the board of examiners of residential care facility administrators, as
40 provided by chapter 42, title 54, Idaho Code; and the board of drinking
41 water and wastewater professionals, as provided by chapter 24, title 54,
42 Idaho Code.
43 (c) The board of examiners, pursuant to section 67-2001, Idaho Code.
44 (d) The division of building safety, to be headed by a division adminis-
45 trator and comprised of five (5) bureaus: plumbing, electrical, buildings,
46 public works contractor licensing, and logging and industrial safety. The
47 division administrator and bureau chiefs shall be nonclassified employees
48 exempt from the provisions of chapter 53, title 67, Idaho Code. The admin-
49 istrator of the division shall administer the provisions of chapter 40,
50 title 39, Idaho Code, relating to manufactured homes and recreational
51 vehicles; chapter 41, title 39, Idaho Code, relating to modular buildings;
52 chapter 21, title 44, Idaho Code, relating to manufactured home dealer and
53 installer licensing; chapter 10, title 54, Idaho Code, relating to elec-
54 trical contractors and journeymen; chapter 19, title 54, Idaho Code,
55 relating to licensing of public works contractors; chapter 26, title 54,
10
1 Idaho Code, relating to plumbing and plumbers; and shall perform such
2 additional duties as are imposed upon him by law. The division administra-
3 tor shall cooperate with the industrial commission and aid and assist the
4 commission in its administration of sections 72-720, 72-721 and 72-723,
5 Idaho Code, and at the request of the commission shall make inspection of
6 appliances, tools, equipment, machinery, practices or conditions, and make
7 a written report to the commission. The administrator shall make recommen-
8 dations to the commission to aid the commission in its administration of
9 sections 72-720, 72-721 and 72-723, Idaho Code, provided however, that
10 nothing herein shall be construed as transferring to the administrator any
11 of the authority or powers now vested in the industrial commission.
12 (e) The division of veterans services to be headed by a division adminis-
13 trator who shall be a nonclassified employee exempt from the provisions of
14 chapter 53, title 67, Idaho Code. The administrator of the division shall
15 administer the provisions of chapter 2, title 65, Idaho Code, and chapter
16 9, title 66, Idaho Code, with the advice of the veterans affairs commis-
17 sion established under chapter 2, title 65, Idaho Code, and shall perform
18 such additional duties as are imposed upon him by law.
19 (3) The bureau of occupational licenses is hereby created within the
20 department of self-governing agencies.
21 SECTION 3. That Section 67-2602, Idaho Code, be, and the same is hereby
22 amended to read as follows:
23 67-2602. BUREAU OF OCCUPATIONAL LICENSES. (1) The bureau of occupational
24 licenses created in the department of self-governing agencies by section
25 67-2601, Idaho Code, shall be empowered, by written agreement between the
26 bureau and each agency for which it provides administrative or other services
27 as provided by law, to provide such services for the board of acupuncture,
28 board of architectural examiners, board of barber examiners, board of chiro-
29 practic physicians, board of cosmetology, counselor licensing board, state
30 board of denturitry, board of hearing aid dealers and fitters, board of land-
31 scape architects, liquefied petroleum gas safety board, board of morticians,
32 board of examiners of nursing home administrators, board of optometry, board
33 of podiatrists, board of psychologist examiners, real estate appraiser board,
34 board of examiners of residential care facility administrators, board of
35 social work examiners, and such other professional and occupational licensing
36 boards or commodity commissions as may request such services. The bureau may
37 charge a reasonable fee for such services provided any agency not otherwise
38 provided for by law and shall maintain proper accounting methods for all funds
39 under its jurisdiction.
40 (2) Notwithstanding the statutes governing specific boards, for any board
41 that contracts with the bureau of occupational licenses, each board member
42 shall hold office until a successor has been duly appointed and qualified.
43 (3) The department of self-governing agencies, by and through the bureau
44 of occupational licenses, shall be empowered to provide administrative or
45 other services for the administration of chapter 48, title 54, Idaho Code, to
46 issue, suspend, revoke or refuse to renew licenses and certificates, of regis-
47 tration, to issue subpoenas, to prescribe and impose fees and to assess admin-
48 istrative penalties pursuant to the provisions of chapter 48, title 54, Idaho
49 Code.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
Moved by Coiner
Seconded by Werk
IN THE SENATE
SENATE AMENDMENT TO H.B. NO. 122
1 AMENDMENT TO SECTION 1
2 On page 8 of the printed bill, delete lines 26 through 34.
3 CORRECTION TO TITLE
4 On page 1, delete lines 16 and 17 and insert: "ATTORNEY GENERAL OF THE
5 STATE OF IDAHO; AMENDING SECTION 67-2601, IDAHO CODE, TO PROVIDE THAT THE
6 DEPARTMENT".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 122, As Amended in the Senate
BY BUSINESS COMMITTEE
1 AN ACT
2 RELATING TO REGULATION OF LIQUEFIED PETROLEUM GAS; AMENDING TITLE 54, IDAHO
3 CODE, BY THE ADDITION OF A NEW CHAPTER 51, TITLE 54, IDAHO CODE, TO PRO-
4 VIDE A SHORT TITLE, TO PROVIDE A DECLARATION OF POLICY, TO PROVIDE DEFINI-
5 TIONS, TO PROVIDE FOR A LICENSE REQUIREMENT, TO PROVIDE EXEMPTIONS, TO
6 PROVIDE FOR THE LICENSING OF APPLICANTS AND ENDORSEMENT, TO PROVIDE QUALI-
7 FICATIONS FOR DEALER LICENSE, TO PROVIDE FOR ISSUING A FACILITY LICENSE
8 AND TO PROVIDE FOR EQUIPMENT SAFETY AND FACILITY INSPECTIONS, TO CREATE
9 THE IDAHO LIQUEFIED PETROLEUM GAS SAFETY BOARD, TO PROVIDE POWERS AND
10 DUTIES OF THE BOARD, TO PROVIDE FOR THE DENIAL AND ISSUANCE OF LICENSES,
11 TO PROVIDE FOR THE CLASSIFICATION OF LICENSES, TO PROVIDE FOR THE FORM OF
12 A LICENSE, RECORDS, FEES AND PAYMENT OF COSTS AND EXPENSES, TO PROVIDE FOR
13 NONTRANSFERAL OF LICENSES, TO PROVIDE FOR REVOCATION OR SUSPENSION OF A
14 LICENSE AND PROCEDURES FOR DISCIPLINARY PROCEEDINGS, TO PROVIDE FOR VIOLA-
15 TIONS AND PENALTIES, TO SPECIFY THE DUTY OF PROSECUTING ATTORNEYS AND THE
16 ATTORNEY GENERAL OF THE STATE OF IDAHO; AMENDING SECTION 67-2601, IDAHO
17 CODE, TO PROVIDE THAT THE DEPARTMENT OF SELF-GOVERNING AGENCIES SHALL
18 INCLUDE THE LIQUEFIED PETROLEUM SAFETY BOARD; AND AMENDING SECTION
19 67-2602, IDAHO CODE, TO PROVIDE THAT THE BUREAU OF OCCUPATIONAL LICENSES
20 IS EMPOWERED TO PROVIDE SERVICES FOR THE LIQUEFIED PETROLEUM SAFETY BOARD
21 AND TO PROVIDE PROPER TERMINOLOGY.
22 Be It Enacted by the Legislature of the State of Idaho:
23 SECTION 1. That Title 54, Idaho Code, be, and the same is hereby amended
24 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap-
25 ter 51, Title 54, Idaho Code, and to read as follows:
26 CHAPTER 51
27 IDAHO LIQUEFIED PETROLEUM GAS PUBLIC SAFETY ACT
28 54-5101. SHORT TITLE. This chapter shall be known and may be cited as the
29 "Idaho Liquefied Petroleum Gas Public Safety Act."
30 54-5102. DECLARATION OF POLICY. (1) In order to protect the public
31 health, safety and welfare, every person practicing or offering to practice as
32 a liquefied petroleum gas dealer as herein defined shall submit evidence of
33 meeting such education, experience and examination qualifications as hereinaf-
34 ter provided and be licensed in accordance with the provisions of this chap-
35 ter.
36 (2) In order to protect the public health, safety and welfare, it shall
37 be unlawful to own or operate any facility engaged in liquefied petroleum gas
38 facility operation unless such facility is licensed in accordance with the
39 provisions of this chapter.
40 (3) Every person so licensed and every facility so licensed shall main-
41 tain prescribed standards of competence, conduct and operation, and shall
2
1 annually renew said license in order to continue such practice or operation.
2 This chapter shall be liberally construed to promote the public interest and
3 to accomplish the purpose stated herein.
4 54-5103. DEFINITIONS. (1) "Board" means the liquefied petroleum gas
5 safety board.
6 (2) "Bureau" means the bureau of occupational licenses.
7 (3) "Department" means the department of self-governing agencies.
8 (4) "Good moral character" means the absence of any behavior that vio-
9 lates accepted standards of the community including, but not limited to:
10 (a) Conviction or plea of guilty to a felony or other crime involving
11 moral turpitude;
12 (b) Habitual use of drugs or intoxicants to such a degree as to render a
13 person unfit and unreliable to practice;
14 (c) Revocation or suspension or other restriction of any license or cer-
15 tificate in any state in the previous five (5) years; and
16 (d) Failure to pay final judgments in any state in the previous seven (7)
17 years.
18 (5) "License" means a physical document issued by the bureau certifying
19 that a person or facility has met the appropriate qualifications and has been
20 granted the authority to practice or operate in Idaho under the provisions of
21 this chapter.
22 (6) "Liquefied petroleum gas" or "LPG" or "LP-Gas" means any material
23 that is composed predominantly of or by the mixture of any of the following
24 hydrocarbons: propane, propylene, butanes, isobutanes and butylenes.
25 (7) "LPG facility" means any facility at a fixed location licensed pursu-
26 ant to this chapter whose activities include selling, filling, refilling, or
27 commercial handling or commercial storage of LPG.
28 (8) "LPG dealer" means any person licensed pursuant to this chapter who
29 engages in LPG dealer practice.
30 (9) "LPG dealer practice" means a person engaging in the selling, fill-
31 ing, refilling, transporting, delivering, or commercial handling of LPG, or
32 engaging in the installation or maintenance of systems, equipment, pipes or
33 containers for the use or storage of LPG.
34 (10) "LPG code" means the liquefied petroleum gas code adopted by the
35 national fire protection association, inc., commonly known as NFPA 58.
36 54-5104. LICENSE REQUIRED -- BUSINESS ENTITIES -- NAME AND ADDRESS
37 CHANGE. (1) It shall be unlawful for any person to practice or to offer to
38 engage in any practice governed by this chapter, or display a sign or in any
39 other way advertise or represent oneself as a person who engages in such prac-
40 tices, unless duly licensed in accordance with this chapter. The license shall
41 be posted in the person's established place of business or carried upon the
42 person, and shall be presented upon demand as proof of licensing.
43 (2) A person, corporation, partnership, trust, association or other legal
44 entity may maintain an established facility for engaging in an operation gov-
45 erned by this chapter, provided that such facility is properly licensed pursu-
46 ant to this chapter. No person, corporation, partnership, trust, association
47 or other legal entity may operate or conduct business under an assumed busi-
48 ness name unless such operation or business is registered in accordance with
49 the rules of the board.
50 (3) All holders of individual or facility licenses shall notify the board
51 in writing of any change of address of office or established place of business
52 within thirty (30) days of such change.
53 (4) All holders of individual or facility licenses shall report to the
3
1 board and provide official documentation of any name change within thirty (30)
2 days after the change becomes final.
3 54-5105. EXEMPTIONS. (1) The provisions of this chapter shall not apply
4 to persons or entities engaging in the activities of selling, filling, refill-
5 ing, transporting, delivering, or the commercial handling of natural gas or
6 petroleum distillates, or persons engaging in the installation or maintenance
7 of equipment used in the selling or handling or use of natural gas or petro-
8 leum distillates.
9 (2) The provisions of this chapter shall not apply to persons engaged in
10 the dispensing of LPG into portable containers.
11 (3) The provisions of this chapter shall not apply to facilities engaged
12 in the sale or exchange of portable containers possessing LPG.
13 54-5106. LICENSING OF APPLICANTS -- ENDORSEMENT. (1) The board shall
14 issue a license to each applicant who submits the required information on an
15 application form provided by the board together with the supporting documenta-
16 tion and the required fees, and who demonstrates to the satisfaction of the
17 board that the applicant meets the education, experience, and examination
18 requirements, or the facility requirements, of this chapter and the rules
19 adopted thereto.
20 (2) Whenever the board determines that another state or country has
21 licensing requirements substantially equivalent to or higher than those in
22 effect pursuant to this chapter, the board may, upon receipt of the required
23 application, supporting documentation, and required fee, issue licenses to
24 applicants who hold current, unsuspended, unrevoked or otherwise nonsanctioned
25 licenses in such other state or country. The board, in its discretion, may
26 require by rule that applicants who received their professional education or
27 experience outside of the United States provide additional information to the
28 board concerning such professional education or experience. The board may
29 also, in its discretion, require successful completion of additional course
30 work or examination.
31 54-5107. QUALIFICATIONS FOR A DEALER'S LICENSE. Except as herein other-
32 wise provided, the following shall be considered minimum requirements for a
33 dealer's license. All applicants shall:
34 (1) Provide verification acceptable to the board of:
35 (a) Being at least eighteen (18) years of age; and
36 (b) Good moral character; and
37 (c) Never having had a license revoked or otherwise sanctioned as part of
38 disciplinary action from this or any other state; and
39 (d) Never having been convicted, found guilty, or received a withheld
40 judgment for any felony; and
41 (e) Never having been found by the board to have engaged in conduct pro-
42 hibited by this chapter.
43 The board may take into consideration the rehabilitation of the applicant and
44 other mitigating circumstances when considering applications for a license.
45 (2) Provide documentation satisfactory to the board that the applicant
46 has successfully completed a certified educational training program approved
47 by the board.
48 (3) Provide documentation satisfactory to the board that the applicant
49 has successfully completed such experience as may be required by the board.
50 (4) Provide documentation that the applicant has successfully passed an
51 examination approved by the board.
52 (5) Prior to July 1, 2006, the board may deem other education, experi-
4
1 ence, or examinations equivalent to the licensing requirements set forth in
2 this chapter, provided that the board is satisfied, and the applicant provides
3 documentation acceptable to the board that such applicant has:
4 (a) Documented experience in this state prior to July 1, 2005, in the LPG
5 industry; and
6 (b) Practiced for not less than five (5) years in the field for which
7 such applicant is applying for a license; and
8 (c) Applied for a license prior to July 1, 2006.
9 54-5108. FACILITY LICENSE -- EQUIPMENT -- INSPECTIONS. (1) The board
10 shall issue a facility license to any person, corporation, partnership, trust,
11 association or other legal entity to operate at specific locations only. No
12 facility license shall be transferable, but an applicant may make application
13 for more than one (1) facility license so long as all of the requirements are
14 met for each license individually. Except as herein otherwise provided, the
15 following shall be considered minimum requirements for a facility license:
16 (a) That the applicant is lawfully entitled to do business within the
17 United States;
18 (b) That the applicant has not been refused a license for a facility, or
19 its equivalent, or had a personal or facility license revoked in Idaho or
20 in any other state;
21 (c) That the applicant has designated the name under which the facility
22 will operate and has designated a specific location for which the facility
23 license is to be issued;
24 (d) That the applicant has at least one (1) dealer licensed under this
25 chapter who is a resident of the state of Idaho and who is, and will be,
26 responsible for the operation of the facility;
27 (e) That the applicant has filed an application and paid the required
28 filing fee;
29 (f) That the applicant's facility meets the requirements of the LPG code,
30 except as designated by the board by rule;
31 (g) All applications for facility licenses are in writing and contain the
32 name of the applicant, the address and location of the facility and a
33 description of the type of structure and equipment to be used in the oper-
34 ation of the facility, and such further information as may be required by
35 the board to ensure the safe operation of the facility, and its compliance
36 with the requirements of this chapter;
37 (h) The person responsible for the operation of a facility maintains such
38 records documenting the storage, transportation, dispensation and utiliza-
39 tion of LPG as may be required by the laws of the state of Idaho and the
40 rules adopted by the board; and
41 (i) In the event a licensed facility ceases to have a licensed dealer in
42 its employ responsible for operation of the facility, all operation
43 involving practices regulated under this chapter shall cease and written
44 notification of such fact shall be submitted immediately to the board. In
45 the event a licensed facility fails to have a licensed dealer in its
46 employ responsible for the facility within thirty (30) days of said
47 notice, the facility license shall be summarily suspended until a licensed
48 dealer is so employed.
49 (2) The board may adopt rules setting forth minimum general standards
50 covering the design, construction, location, installation and operation of
51 systems, equipment, pipes and containers for storing, handling, transporting
52 by tank truck or tank trailer, and using liquefied petroleum gases and speci-
53 fying the odorization of the gases and the degree thereof.
54 (3) The board shall adopt inspection rules regarding LPG facilities.
5
1 54-5109. IDAHO LIQUEFIED PETROLEUM GAS SAFETY BOARD. (1) There is hereby
2 established in the department of self-governing agencies the Idaho liquefied
3 petroleum gas safety board and the members thereof shall be appointed by the
4 governor. In making appointments, the governor shall give consideration to
5 recommendations submitted by the rocky mountain propane association and other
6 such nominations as may be received. If recommendations are not made within
7 sixty (60) days of notification and request, the governor may make appoint-
8 ments of any qualified individual.
9 (2) The board shall consist of five (5) members, two (2) of whom shall be
10 licensed dealers pursuant to the provisions of this chapter; and one (1) of
11 whom shall be a volunteer fireman in a rural area of the state; and one (1) of
12 whom shall be a fireman employed by a city fire department in the state; and
13 one (1) of whom shall be a representative of the general public not employed
14 or otherwise connected with the practices or operations regulated pursuant to
15 this chapter.
16 (3) The members of the first board shall serve for the following terms:
17 one (1) dealer member shall serve for one (1) year; one (1) fireman member
18 shall serve for two (2) years; one (1) dealer member shall serve for three (3)
19 years; and one (1) fireman member and the public member shall each serve for
20 four (4) years. Each member shall serve from the effective date of appointment
21 or until a successor is duly appointed and qualified. Upon the expiration of
22 the term of any member of the board, the governor shall appoint the subsequent
23 member for a term of four (4) years. No member shall be appointed for more
24 than two (2) successive terms.
25 (4) The governor may remove any member of the board for misconduct,
26 incompetence, neglect of duty, or for any other cause.
27 (5) Three (3) members of the board shall constitute a quorum, and may
28 exercise all the power and authority conferred on the board.
29 (6) Within thirty (30) days of the appointment of the first board and
30 annually thereafter, the members shall meet and elect from among the members
31 by majority vote of those present a chairman who shall serve for one (1) year.
32 (7) The board shall meet thereafter no less than annually at such times
33 and at such places as may be specified by the chairman or by the written
34 request of at least two (2) members.
35 (8) Each member of the board shall be compensated as provided in section
36 59-509(h), Idaho Code.
37 54-5110. POWERS AND DUTIES OF THE BOARD. The powers and duties of the
38 board are as follows, to:
39 (1) Authorize all disbursements necessary to carry out the provisions of
40 this chapter;
41 (2) Approve and administer qualifying examinations to test the knowledge
42 and competence of applicants for a license;
43 (3) Supervise the approval and issuance of licenses as provided in this
44 chapter, and to license persons who apply to the board and who are qualified
45 pursuant to this chapter;
46 (4) Renew licenses to persons who apply to the board and who are quali-
47 fied pursuant to this chapter;
48 (5) Accept complaints and conduct investigations concerning alleged
49 violations of the provisions of this chapter;
50 (6) Require and conduct inspections of facilities licensed pursuant to
51 this chapter;
52 (7) Conduct disciplinary proceedings and take such action as may be
53 appropriate for any violation of this chapter;
54 (8) Authorize, by written agreement, the bureau of occupational licenses
6
1 as agent to act in its interest;
2 (9) Impose reasonable costs, investigative expenses and attorney's fees
3 incurred in enforcing the provisions of this chapter upon a licensee found to
4 have violated one (1) or more provisions of this chapter;
5 (10) Enforce all provisions of this chapter and board rules including, but
6 not limited to, issuing subpoenas, and obtaining restraining orders and
7 injunctions prohibiting conduct in violation of the provisions of this chap-
8 ter; and
9 (11) Make and publish rules not inconsistent with the laws of this state
10 which are necessary to carry out the provisions of this chapter. The rules
11 relating to safety in the storage, distribution, dispensing, transporting and
12 utilization of LPG in this state and in the manufacture, fabrication, assem-
13 bly, sale, installation and use of LPG systems, piping, containers, apparatus
14 or appliances shall be just and reasonable and shall conform, except as estab-
15 lished by board rule, to the standards of the LPG code relating to the design,
16 construction, installation and use of systems, piping, containers, apparatus,
17 appliances and pertinent equipment for the storage, transportation, dispensa-
18 tion and utilization of LPG.
19 54-5111. DENIAL OR ISSUANCE OF LICENSES. (1) The board shall approve or
20 disapprove all applications, and in the event an application is disapproved,
21 the board shall promptly return to the applicant the license fee. Within fif-
22 teen (15) days after the denial of a license, the board shall notify the
23 applicant of the denial and specify the reasons for the denial.
24 (2) If the applicant is qualified for licensing pursuant to the provi-
25 sions of this chapter, the board shall approve the application and issue a
26 license for the appropriate classification according to section 54-5112, Idaho
27 Code.
28 (3) If the application for a facility license is complete and meets the
29 provisions of this chapter, and the applicant attests that the equipment used
30 at the facility complies with the minimum safety standards established by the
31 board, the board shall approve the application and issue a license for the
32 appropriate classification according to section 54-5112, Idaho Code.
33 54-5112. CLASSIFICATIONS OF LICENSES. For the purpose of administering
34 the provisions of this chapter, the board may issue licenses in such types and
35 classifications as may be necessary and as determined by board rule. Such
36 license types may include, but not be limited to:
37 (1) An LPG dealer;
38 (2) An LPG facility;
39 (3) Any other licenses for persons, businesses or facilities engaged in
40 activities regulated under this chapter that the board determines require a
41 license and are not otherwise exempt under the provisions of this chapter.
42 54-5113. LICENSES -- RECORDS -- FEES -- PAYMENT OF COSTS AND EXPENSES.
43 (1) The bureau of occupational licenses shall, upon the approval of the board
44 and subject to the provisions of this chapter, register and issue licenses to
45 persons who have been approved by the board in accordance with this chapter.
46 The licenses shall bear on their face the seal of the state and the signature
47 of the chief of the bureau of occupational licenses, and shall be effective
48 until the next birthday of the person being licensed. Licenses so issued shall
49 be renewed annually in accordance with section 67-2614, Idaho Code. The provi-
50 sions of sections 67-2609 through 67-2614, Idaho Code, shall apply to licenses
51 issued pursuant to this chapter.
52 (2) The board shall keep and the bureau shall maintain a record of board
7
1 proceedings and a register of all applications that show:
2 (a) The name, age, social security number and residency of each appli-
3 cant;
4 (b) The date of application;
5 (c) The place of business of such applicant;
6 (d) The educational and other qualifications of each applicant;
7 (e) Whether or not an examination was required;
8 (f) Whether the applicant was denied;
9 (g) Whether a license was issued;
10 (h) The dates of the action by the board;
11 (i) Compliance with continuing education requirements; and
12 (j) Such other information as may be deemed necessary by the board.
13 (3) The bureau of occupational licenses shall collect a fee not to exceed
14 two hundred dollars ($200) for each application, each original license, and
15 each annual renewal of any license issued pursuant to this chapter, and shall
16 deposit all fees in the state treasury in accordance with section 67-2605,
17 Idaho Code. The actual fees shall be set by board rule. The bureau shall also
18 collect a fee equal to that charged by the examination provider when an exami-
19 nation is required as a condition of licensing. Fees paid under the provisions
20 of this chapter shall not be refunded unless otherwise specified herein.
21 (4) All fees received under the provisions of this chapter shall be paid
22 to the bureau of occupational licenses and deposited in the state treasury to
23 the credit of the occupational licenses fund and all costs and expenses incur-
24 red under the provisions of this chapter shall be charged against and paid
25 from said fund.
26 54-5114. LICENSES NONTRANSFERABLE -- NOTICE OF CHANGE -- LICENSE FEES NOT
27 REFUNDED. (1) Any license issued under the provisions of this chapter shall
28 not be transferable to any other person, firm, association, partnership, cor-
29 poration or legal entity, and shall be valid only for the particular premises
30 and particular persons described thereon.
31 (2) Whenever there is any transfer or change in the ownership of a facil-
32 ity, or whenever there is any change of name or address, such change shall be
33 reported to the board within thirty (30) days together with such documentation
34 as may be required.
35 54-5115. REVOCATION OR SUSPENSION OF LICENSE -- PROCEDURES FOR DISCIPLIN-
36 ARY PROCEEDINGS. (1) The board shall have the power to refuse to issue a
37 license, or revoke, suspend, refuse to renew, or otherwise sanction any
38 license issued pursuant to the provisions of this chapter for any of the fol-
39 lowing:
40 (a) Procuring a license or registration by knowingly making a false
41 statement, submitting false information, refusing to provide complete
42 information in response to a question in an application for a license or
43 through any form of fraud or misrepresentation;
44 (b) Being convicted of a felony;
45 (c) Misrepresentation or fraudulent representation in the performance of
46 any duty, conduct or activity regulated under this chapter;
47 (d) Violating the provisions of this chapter or any rules of the board or
48 any code of conduct or ethical standards adopted by the board;
49 (e) Being incompetent;
50 (f) Failing to provide appropriate and personal supervision, if acting as
51 the designated supervisor, to any person gaining experience under the pro-
52 visions of this chapter.
53 (2) The board shall have the power to administer oaths, take depositions
8
1 of witnesses within or without the state in the manner provided by law in
2 civil cases, and shall have power throughout the state of Idaho to require the
3 attendance of such witnesses and the production of such books, records and
4 papers as it may desire, relevant to any hearing before it of any matter which
5 it has authority to investigate, and for that purpose the board may issue a
6 subpoena for any witness or a subpoena duces tecum to compel the production of
7 books, records or papers, directed to the sheriff of any county of the state
8 of Idaho where such witness resides or may be found, which shall be served and
9 returned in the same manner as a subpoena in a criminal case.
10 (3) The procedures for disciplinary proceedings shall be in compliance
11 with the Idaho administrative procedure act and the rules of the office of the
12 attorney general and the bureau of occupational licenses.
13 54-5116. VIOLATIONS AND PENALTIES. Any person who shall practice or offer
14 to practice as an LPG dealer or any person who shall operate or attempt to
15 operate an LPG facility as defined in this chapter, without first having a
16 valid and current and unsuspended license issued under the provisions of this
17 chapter, shall be guilty of a misdemeanor and, for each violation, shall be
18 subject to punishment by a fine of not more than one thousand dollars ($1,000)
19 or by imprisonment for a period of not more than six (6) months, or both.
20 54-5117. DUTY OF PROSECUTING ATTORNEY -- DUTY OF ATTORNEY GENERAL. It
21 shall be the duty of the prosecuting attorney or each county to prosecute all
22 violations of this chapter constituting a violation of criminal law and it
23 shall be the duty of the attorney general of the state of Idaho to prosecute
24 any administrative actions brought under the provisions of this chapter as
25 requested by the board.
26 SECTION 2. That Section 67-2601, Idaho Code, be, and the same is hereby
27 amended to read as follows:
28 67-2601. DEPARTMENT CREATED -- ORGANIZATION -- DIRECTOR -- BUREAU OF
29 OCCUPATIONAL LICENSES CREATED. (1) There is hereby created the department of
30 self-governing agencies. The department shall, for the purposes of section 20,
31 article IV of the constitution of the state of Idaho, be an executive depart-
32 ment of the state government.
33 (2) The department shall consist of the following:
34 (a) Agricultural commodity commissions: Idaho apple commission, as pro-
35 vided by chapter 36, title 22, Idaho Code; Idaho bean commission, as pro-
36 vided by chapter 29, title 22, Idaho Code; Idaho beef council, as provided
37 by chapter 29, title 25, Idaho Code; Idaho cherry commission, as provided
38 by chapter 37, title 22, Idaho Code; Idaho dairy products commission, as
39 provided by chapter 31, title 25, Idaho Code; Idaho pea and lentil commis-
40 sion, as provided by chapter 35, title 22, Idaho Code; Idaho potato com-
41 mission, as provided by chapter 12, title 22, Idaho Code; Idaho prune com-
42 mission, as provided by chapter 30, title 22, Idaho Code; the Idaho wheat
43 commission, as provided by chapter 33, title 22, Idaho Code; and the Idaho
44 aquaculture commission, as provided by chapter 44, title 22, Idaho Code.
45 (b) Professional and occupational licensing boards: Idaho state board of
46 certified public accountancy, as provided by chapter 2, title 54, Idaho
47 Code; board of acupuncture, as provided by chapter 47, title 54, Idaho
48 Code; board of architectural examiners, as provided by chapter 3, title
49 54, Idaho Code; office of the state athletic director, as provided by
50 chapter 4, title 54, Idaho Code; board of barber examiners, as provided by
51 chapter 5, title 54, Idaho Code; board of commissioners of the Idaho state
9
1 bar, as provided by chapter 4, title 3, Idaho Code; board of chiropractic
2 physicians, as provided by chapter 7, title 54, Idaho Code; Idaho board of
3 cosmetology, as provided by chapter 8, title 54, Idaho Code; Idaho coun-
4 selor licensing board, as provided by chapter 34, title 54, Idaho Code;
5 state board of dentistry, as provided by chapter 9, title 54, Idaho Code;
6 state board of denturitry, as provided by chapter 33, title 54, Idaho
7 Code; state board of engineering examiners, as provided by chapter 12,
8 title 54, Idaho Code; state board for registration of professional geolo-
9 gists, as provided by chapter 28, title 54, Idaho Code; board of hearing
10 aid dealers and fitters, as provided by chapter 29, title 54, Idaho Code;
11 Idaho state board of landscape architects, as provided by chapter 30,
12 title 54, Idaho Code; liquefied petroleum gas safety board, as provided by
13 chapter 51, title 54, Idaho Code; state board of medicine, as provided by
14 chapter 18, title 54, Idaho Code, and its associated physical therapist
15 advisory board, as provided by chapter 22, title 54, Idaho Code; state
16 board of morticians, as provided by chapter 11, title 54, Idaho Code;
17 board of nurses, as provided by chapter 14, title 54, Idaho Code; board of
18 examiners of nursing home administrators, as provided by chapter 16, title
19 54, Idaho Code; state board of optometry, as provided by chapter 15, title
20 54, Idaho Code; Idaho outfitters and guides board, as provided by chapter
21 21, title 36, Idaho Code; board of pharmacy, as provided by chapter 17,
22 title 54, Idaho Code; state board of podiatry, as provided by chapter 6,
23 title 54, Idaho Code; Idaho state board of psychologist examiners, as pro-
24 vided by chapter 23, title 54, Idaho Code; Idaho real estate commission,
25 as provided by chapter 20, title 54, Idaho Code; real estate appraiser
26 board, as provided by chapter 41, title 54, Idaho Code; board of social
27 work examiners, as provided by chapter 32, title 54, Idaho Code; the board
28 of veterinary medicine, as provided by chapter 21, title 54, Idaho Code;
29 the board of examiners of residential care facility administrators, as
30 provided by chapter 42, title 54, Idaho Code; and the board of drinking
31 water and wastewater professionals, as provided by chapter 24, title 54,
32 Idaho Code.
33 (c) The board of examiners, pursuant to section 67-2001, Idaho Code.
34 (d) The division of building safety, to be headed by a division adminis-
35 trator and comprised of five (5) bureaus: plumbing, electrical, buildings,
36 public works contractor licensing, and logging and industrial safety. The
37 division administrator and bureau chiefs shall be nonclassified employees
38 exempt from the provisions of chapter 53, title 67, Idaho Code. The admin-
39 istrator of the division shall administer the provisions of chapter 40,
40 title 39, Idaho Code, relating to manufactured homes and recreational
41 vehicles; chapter 41, title 39, Idaho Code, relating to modular buildings;
42 chapter 21, title 44, Idaho Code, relating to manufactured home dealer and
43 installer licensing; chapter 10, title 54, Idaho Code, relating to elec-
44 trical contractors and journeymen; chapter 19, title 54, Idaho Code,
45 relating to licensing of public works contractors; chapter 26, title 54,
46 Idaho Code, relating to plumbing and plumbers; and shall perform such
47 additional duties as are imposed upon him by law. The division administra-
48 tor shall cooperate with the industrial commission and aid and assist the
49 commission in its administration of sections 72-720, 72-721 and 72-723,
50 Idaho Code, and at the request of the commission shall make inspection of
51 appliances, tools, equipment, machinery, practices or conditions, and make
52 a written report to the commission. The administrator shall make recommen-
53 dations to the commission to aid the commission in its administration of
54 sections 72-720, 72-721 and 72-723, Idaho Code, provided however, that
55 nothing herein shall be construed as transferring to the administrator any
10
1 of the authority or powers now vested in the industrial commission.
2 (e) The division of veterans services to be headed by a division adminis-
3 trator who shall be a nonclassified employee exempt from the provisions of
4 chapter 53, title 67, Idaho Code. The administrator of the division shall
5 administer the provisions of chapter 2, title 65, Idaho Code, and chapter
6 9, title 66, Idaho Code, with the advice of the veterans affairs commis-
7 sion established under chapter 2, title 65, Idaho Code, and shall perform
8 such additional duties as are imposed upon him by law.
9 (3) The bureau of occupational licenses is hereby created within the
10 department of self-governing agencies.
11 SECTION 3. That Section 67-2602, Idaho Code, be, and the same is hereby
12 amended to read as follows:
13 67-2602. BUREAU OF OCCUPATIONAL LICENSES. (1) The bureau of occupational
14 licenses created in the department of self-governing agencies by section
15 67-2601, Idaho Code, shall be empowered, by written agreement between the
16 bureau and each agency for which it provides administrative or other services
17 as provided by law, to provide such services for the board of acupuncture,
18 board of architectural examiners, board of barber examiners, board of chiro-
19 practic physicians, board of cosmetology, counselor licensing board, state
20 board of denturitry, board of hearing aid dealers and fitters, board of land-
21 scape architects, liquefied petroleum gas safety board, board of morticians,
22 board of examiners of nursing home administrators, board of optometry, board
23 of podiatrists, board of psychologist examiners, real estate appraiser board,
24 board of examiners of residential care facility administrators, board of
25 social work examiners, and such other professional and occupational licensing
26 boards or commodity commissions as may request such services. The bureau may
27 charge a reasonable fee for such services provided any agency not otherwise
28 provided for by law and shall maintain proper accounting methods for all funds
29 under its jurisdiction.
30 (2) Notwithstanding the statutes governing specific boards, for any board
31 that contracts with the bureau of occupational licenses, each board member
32 shall hold office until a successor has been duly appointed and qualified.
33 (3) The department of self-governing agencies, by and through the bureau
34 of occupational licenses, shall be empowered to provide administrative or
35 other services for the administration of chapter 48, title 54, Idaho Code, to
36 issue, suspend, revoke or refuse to renew licenses and certificates, of regis-
37 tration, to issue subpoenas, to prescribe and impose fees and to assess admin-
38 istrative penalties pursuant to the provisions of chapter 48, title 54, Idaho
39 Code.
STATEMENT OF PURPOSE
RS 14798
The purpose of this legislation is to close a gap in regulatory
framework for the distribution and handling of liquefied propane gas.
The legislation amends Title 54, governing professions, vocations, and
businesses, to add chapter 51, the Idaho Liquefied Petroleum Gas
Public Safety Act.
The purpose of the act is "protect the public health, safety and
welfare" by requiring liquefied petroleum gas dealers to meet
educational, experience, and examination qualifications, and to be
licensed. Liquefied petroleum gas facilities are also required to be
licensed under the chapter. The legislation does exempt from its
provisions the petroleum industry, persons dispensing LPG into
portable containers, and facilities that sell or exchange portable
containers possessing LPG.
The legislation creates a five-member board made up of individuals
with expertise and experience in the propane industry, in rural and
city fire departments, and a member of the public. The board will
operate as a self-governing agency under the bureau of occupational
licenses.
The legislation enhances the public safety of Idaho citizens by
relying upon current nationally-recognized codes and existing
educational requirements governing propane storage and handling, and
provides for a consistent statewide regulatory framework. The act is
similar to statutes in other states in the west, including Nevada,
Utah and New Mexico.
Propane is a rapidly-growing energy source in Idaho, largely in rural,
unincorporated areas which may lack the consistency or expertise
needed to ensure the protection of public safety, as it relates to
propane.
FISCAL NOTE
There is no fiscal impact to the general fund, or to other state or
local funds.
Contact: Suzanne Budge Schaefer
345-6632
STATEMENT OF PURPOSE/FISCAL NOTE H 122