2003 Legislation
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HOUSE BILL NO. 132 – Petroleum clean wtr trust fnd, mngr

HOUSE BILL NO. 132

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H0132..............................................................by BUSINESS
PETROLEUM CLEAN WATER TRUST FUND - Amends, adds to and repeals existing law to
provide that the manager of the State Insurance Fund shall be the Idaho
Petroleum Clean Water Trust Fund trustee; to provide for appointment of an
administrator for the Idaho Petroleum Clean Water Trust Fund; to provide a
board of trustees of the Idaho Petroleum Clean Water Trust Fund; and to
provide for membership and duties of the board of trustees.
                                                                        
01/30    House intro - 1st rdg - to printing
01/31    Rpt prt - to Bus
02/04    Rpt out - rec d/p - to 2nd rdg
02/05    2nd rdg - to 3rd rdg
02/06    3rd rdg - PASSED - 67-0-3
      AYES -- Andersen, Barraclough, Barrett, Bauer, Bedke, Bell, Bieter,
      Black, Block, Boe, Bolz, Campbell, Cannon, Clark, Collins, Crow, Cuddy,
      Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge, Field(18),
      Field(23), Gagner, Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg,
      Kulczyk, Lake, Langford, Langhorst, Martinez, McGeachin, McKague, Meyer,
      Miller, Mitchell, Moyle, Naccarato, Nielsen, Raybould, Ridinger, Ring,
      Ringo, Robison, Rydalch, Sali, Sayler, Schaefer(Schaefer), Shepherd,
      Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson,
      Tilman, Trail, Wills, Wood
      NAYS -- None
      Absent and excused -- Bradford, Roberts, Mr. Speaker
    Floor Sponsor - Deal
    Title apvd - to Senate
02/07    Senate intro - 1st rdg - to Com/HuRes
03/05    Rpt out - rec d/p - to 2nd rdg
03/06    2nd rdg - to 3rd rdg
03/11    3rd rdg - PASSED - 34-0-1
      AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw,
      Calabretta, Cameron, Compton, Darrington, Davis, Gannon, Geddes, Goedde,
      Hill, Ingram, Kennedy, Keough, Little, Lodge, Marley, McKenzie,
      McWilliams, Noble, Noh, Pearce, Richardson, Schroeder, Sorensen,
      Stegner, Stennett, Sweet, Werk, Williams
      NAYS -- None
      Absent and excused -- Malepeai
    Floor Sponsor - Cameron
    Title apvd - to House
03/12    To enrol
03/13    Rpt enrol - Sp signed
03/14    Pres signed
03/17    To Governor
    Governor signed
         Session Law Chapter 96
         Effective: 07/01/03

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 132
                                                                        
                                   BY BUSINESS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE IDAHO PETROLEUM CLEAN WATER TRUST FUND ACT;  AMENDING  SECTION
  3        9-340F,  IDAHO  CODE,  TO PROVIDE CORRECT CODE CITATIONS; AMENDING SECTION
  4        41-4903, IDAHO CODE, TO REVISE DEFINITIONS, TO REMOVE THE  DEFINITION  FOR
  5        "MANAGER"  AND  TO  PROVIDE  A  CORRECT  CODE  CITATION;  AMENDING SECTION
  6        41-4904, IDAHO CODE, TO REDESIGNATE THE SECTION, TO PROVIDE CORRECT TERMI-
  7        NOLOGY, TO REMOVE LANGUAGE PROVIDING THAT THE MANAGER SHALL  BE  THE  FUND
  8        TRUSTEE  AND  SHALL APPOINT AN ADMINISTRATOR, TO REMOVE LANGUAGE REQUIRING
  9        THE REVIEW AND APPROVAL OF CERTAIN APPROPRIATIONS BY THE  STATE  INSURANCE
 10        FUND,  TO  REMOVE  LANGUAGE PROVIDING FOR A LINE OF CREDIT, APPROPRIATIONS
 11        AND SUBORDINATED INDEBTEDNESS, TO REMOVE LANGUAGE REQUIRING  THE  APPROVAL
 12        OF  THE MANAGER OR TRUSTEE FOR CERTAIN ACTIONS, TO REMOVE LANGUAGE PROVID-
 13        ING FOR ADMINISTRATOR LIABILITY AND TO  PROVIDE  CORRECT  CODE  CITATIONS;
 14        AMENDING  CHAPTER  49, TITLE 41, IDAHO CODE, BY THE ADDITION OF A NEW SEC-
 15        TION 41-4904, IDAHO CODE, TO PROVIDE FOR THE APPOINTMENT  OF  A  BOARD  OF
 16        TRUSTEES  OF  THE  FUND AND THE DESIGNATION OF THE STATE INSURANCE FUND AS
 17        THE ADMINISTRATOR TO SERVE  AT  THE  PLEASURE  OF  THE  BOARD  AND  UNLESS
 18        REPLACED  BY  THE BOARD, TO AUTHORIZE THE BOARD TO APPOINT AND EMPLOY PER-
 19        SONS AS REQUIRED AND TO REQUIRE THE BOARD TO DIRECT THE POLICIES AND OPER-
 20        ATION OF THE FUND FOR SPECIFIED PURPOSES; AMENDING SECTION 41-4905,  IDAHO
 21        CODE,  TO  REDESIGNATE  THE  SECTION  AND  TO MAKE A TECHNICAL CORRECTION;
 22        AMENDING SECTIONS 41-4906 AND 41-4907, IDAHO CODE, TO REDESIGNATE THE SEC-
 23        TIONS; AMENDING SECTION 41-4908, IDAHO CODE, TO  REDESIGNATE  THE  SECTION
 24        AND  TO  PROVIDE  CORRECT TERMINOLOGY; AMENDING SECTIONS 41-4909, 41-4909A
 25        AND 41-4910, IDAHO CODE, TO REDESIGNATE THE SECTIONS AND TO  PROVIDE  COR-
 26        RECT CODE CITATIONS; AMENDING SECTION 41-4910A, IDAHO CODE, TO REDESIGNATE
 27        THE SECTION; AMENDING SECTIONS 41-4911 AND 41-4911A, IDAHO CODE, TO REDES-
 28        IGNATE  THE  SECTIONS AND TO PROVIDE CORRECT CODE CITATIONS; AMENDING SEC-
 29        TIONS 41-4912 AND 41-4913, IDAHO CODE, TO REDESIGNATE THE SECTIONS; AMEND-
 30        ING SECTION 41-4914, IDAHO CODE, TO REDESIGNATE THE SECTION AND TO PROVIDE
 31        FOR PERPETUAL APPROPRIATION TO THE TRUST FUND; AMENDING  SECTION  41-4915,
 32        IDAHO  CODE,  TO  REDESIGNATE THE SECTION; AMENDING SECTION 41-4916, IDAHO
 33        CODE, TO REDESIGNATE THE SECTION, TO PROVIDE CORRECT CODE CITATIONS AND TO
 34        MAKE A TECHNICAL CORRECTION; AMENDING  SECTION  41-4917,  IDAHO  CODE,  TO
 35        REDESIGNATE THE SECTION; AMENDING SECTION 41-4918, IDAHO CODE, TO REDESIG-
 36        NATE  THE  SECTION  AND  TO  MAKE A TECHNICAL CORRECTION; AMENDING SECTION
 37        41-4919, IDAHO CODE, TO REDESIGNATE THE SECTION, TO PROVIDE CORRECT TERMI-
 38        NOLOGY AND TO REMOVE OBSOLETE LANGUAGE; AMENDING SECTIONS 41-4920, 41-4921
 39        AND 41-4922, IDAHO CODE, TO REDESIGNATE  THE  SECTIONS;  AMENDING  SECTION
 40        41-4923,  IDAHO  CODE,  TO  REDESIGNATE THE SECTION AND TO REMOVE LANGUAGE
 41        REFERENCING A TRUSTEE OF THE TRUST FUND; AMENDING SECTION  41-4924,  IDAHO
 42        CODE,  TO  REDESIGNATE  THE SECTION, TO PROVIDE CORRECT TERMINOLOGY AND TO
 43        PROVIDE A CORRECT CODE CITATION; AMENDING SECTION 41-4924A, IDAHO CODE, TO
 44        REDESIGNATE THE SECTION AND TO PROVIDE A CORRECT CODE CITATION;  REPEALING
 45        SECTION 41-4926, IDAHO CODE, RELATING TO THE FILING OF DOCUMENT OF ORGANI-
 46        ZATION;  AMENDING  SECTION 41-4925, IDAHO CODE, TO REDESIGNATE THE SECTION
                                                                        
                                           2
                                                                        
  1        AND TO PROVIDE A CORRECT CODE CITATION; AMENDING  SECTION  41-4930,  IDAHO
  2        CODE,  TO  REDESIGNATE  THE SECTION, TO PROVIDE CORRECT TERMINOLOGY AND TO
  3        REMOVE LANGUAGE REFERRING TO THE MANAGER OF THE STATE  INSURANCE  FUND  AS
  4        TRUSTEE  UNDER  CONTRACT  TO  ADMINISTER FUND OPERATIONS; AMENDING SECTION
  5        41-4931, IDAHO CODE, TO REDESIGNATE THE SECTION  AND  TO  PROVIDE  CORRECT
  6        TERMINOLOGY; AMENDING SECTION 41-4932, IDAHO CODE, TO REDESIGNATE THE SEC-
  7        TION,  TO  REMOVE A REFERENCE TO EXCLUSIVE MANAGEMENT CONTRACT AND TO PRO-
  8        VIDE CORRECT TERMINOLOGY; AMENDING SECTION 41-4933, IDAHO CODE, TO  REDES-
  9        IGNATE  THE  SECTION, TO PROVIDE CORRECT TERMINOLOGY AND TO PROVIDE A COR-
 10        RECT CODE CITATION; AMENDING SECTION 41-4934, IDAHO CODE,  TO  REDESIGNATE
 11        THE SECTION; AMENDING SECTION 41-4935, IDAHO CODE, TO REDESIGNATE THE SEC-
 12        TION  AND  TO PROVIDE CORRECT TERMINOLOGY; AMENDING SECTION 41-4936, IDAHO
 13        CODE, TO REDESIGNATE THE SECTION, TO PROVIDE CORRECT  TERMINOLOGY  AND  TO
 14        MAKE  A  TECHNICAL  CORRECTION;  AMENDING  SECTIONS  41-4937,  41-4938 AND
 15        41-4939, IDAHO CODE, TO REDESIGNATE THE SECTIONS AND  TO  PROVIDE  CORRECT
 16        TERMINOLOGY; AMENDING SECTION 41-4940, IDAHO CODE, TO REDESIGNATE THE SEC-
 17        TION  AND  TO  PROVIDE  A CORRECT CODE CITATION; AMENDING SECTION 41-4941,
 18        IDAHO CODE, TO REDESIGNATE THE SECTION, TO PROVIDE CORRECT TERMINOLOGY AND
 19        TO PROVIDE A CORRECT CODE CITATION; AMENDING SECTION 41-4942, IDAHO  CODE,
 20        TO  REDESIGNATE  THE  SECTION  AND  TO REMOVE LANGUAGE REFERENCING MANAGER
 21        OVERSIGHT; AMENDING SECTION 41-4943, IDAHO CODE, TO REDESIGNATE  THE  SEC-
 22        TION; AMENDING SECTION 41-4944, IDAHO CODE, TO REDESIGNATE THE SECTION AND
 23        TO  MAKE  TECHNICAL  CORRECTIONS; AMENDING SECTION 41-4945, IDAHO CODE, TO
 24        REDESIGNATE THE SECTION, TO PROVIDE CORRECT TERMINOLOGY AND TO MAKE  TECH-
 25        NICAL  CORRECTIONS;  AMENDING  SECTION 41-4946, IDAHO CODE, TO REDESIGNATE
 26        THE SECTION AND TO PROVIDE CORRECT TERMINOLOGY; AMENDING SECTION  41-4947,
 27        IDAHO  CODE,  TO REDESIGNATE THE SECTION; REPEALING SECTION 41-4948, IDAHO
 28        CODE, RELATING TO LEGISLATIVE REVIEW OF THE FUND PROGRAM; AMENDING CHAPTER
 29        49, TITLE 41, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 41-4945,  IDAHO
 30        CODE,  TO  PROVIDE  FOR IMMUNITY FROM PERSONAL LIABILITY; AMENDING CHAPTER
 31        49, TITLE 41, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 41-4946,  IDAHO
 32        CODE,  TO  PROVIDE  THAT  ACTIONS  AGAINST THE FUND, ITS EMPLOYEES AND THE
 33        ADMINISTRATOR ARE SUBJECT TO THE IDAHO TORT CLAIMS ACT; AND AMENDING  SEC-
 34        TIONS  63-2427A  AND  63-2427B,  IDAHO CODE, TO PROVIDE CORRECT CODE CITA-
 35        TIONS.
                                                                        
 36    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 37        SECTION 1.  That Section 9-340F, Idaho Code, be, and the  same  is  hereby
 38    amended to read as follows:
                                                                        
 39        9-340F.  RECORDS  EXEMPT FROM DISCLOSURE -- DRAFT LEGISLATION AND SUPPORT-
 40    ING MATERIALS, TAX COMMISSION, PETROLEUM CLEAN WATER TRUST FUND. The following
 41    records are exempt from disclosure:
 42        (1)  Records consisting of draft legislation  and  documents  specifically
 43    related to such draft legislation or research requests submitted to the legis-
 44    lative services office by a member of the Idaho legislature for the purpose of
 45    placing  such draft legislation into a form suitable for introduction as offi-
 46    cial proposed legislation of the legislature of the state of Idaho, unless the
 47    individual legislator having submitted or requested such records  or  research
 48    agrees to waive the provisions of confidentiality provided by this subsection.
 49        (2)  All  papers,  physical  and  electronic records and correspondence or
 50    other supporting materials comprising the work papers in the possession of the
 51    legislative services office or the director of legislative performance evalua-
 52    tions prior to release of the related final audit and  all  other  records  or
                                                                        
                                           3
                                                                        
  1    materials in the possession of the legislative services office or the director
  2    of  legislative  performance evaluations that would  otherwise be confidential
  3    or exempt from disclosure.
  4        (3)  Records consisting of draft congressional and legislative redistrict-
  5    ing plans and documents specifically related to such draft redistricting plans
  6    or research requests submitted to the commission staff by a member of the com-
  7    mission for reapportionment for the purpose of placing such draft  redistrict-
  8    ing  plan  into  form  suitable for presentation to the full membership of the
  9    commission, unless  the  individual  commission  member  having  submitted  or
 10    requested such plans or research agrees to waive the provisions of confidenti-
 11    ality provided by this subsection.
 12        (4)  Records  that  identify the method by which the Idaho state  tax com-
 13    mission selects tax returns for audit review.
 14        (5)  Underwriting and claims records of the Idaho  petroleum  clean  water
 15    trust  fund  obtained  pursuant  to  section  41-49045,  41-49089,  41-49101A,
 16    41-49112  or  41-49112A,  Idaho  Code.  Provided however, that this subsection
 17    shall not prevent the Idaho petroleum clean water trust  fund's  submittal  to
 18    the Idaho department of environmental quality, or other regulatory agencies of
 19    information  necessary  to  satisfy an insured's corrective action requirement
 20    under applicable federal or state standards in the event of a release into the
 21    environment from a petroleum storage tank; and provided further  that  nothing
 22    in  this  subsection  shall prevent the Idaho petroleum clean water trust fund
 23    from providing auditing, reporting,  or  actuarial  information  as  otherwise
 24    required  of  it pursuant to section 41-49189, 41-49245A, 41-493128, 41-49330,
 25    41-49352, 41-494037 or 41-494138, Idaho Code.
                                                                        
 26        SECTION 2.  That Section 41-4903, Idaho Code, be, and the same  is  hereby
 27    amended to read as follows:
                                                                        
 28        41-4903.  DEFINITIONS. For the purposes of this chapter:
 29        (1)  "Aboveground  storage  tank"  means  any  one (1) or a combination of
 30    tanks, including pipes connected thereto, that is used to contain an accumula-
 31    tion of petroleum or petroleum products, and the volume  of  which,  including
 32    the  volume of pipes connected thereto, is less than ten percent (10%) beneath
 33    the surface of the ground. This term does not include  a  heating  tank,  farm
 34    tank  or residential tank or any tank with a capacity of one hundred ten (110)
 35    gallons or less.
 36        (2)  "Accidental release" means any sudden or nonsudden release of  petro-
 37    leum  from a storage tank that results in a need for corrective action or com-
 38    pensation for bodily injury or property damage neither expected  nor  intended
 39    by the tank owner or operator.
 40        (3)  "Administrator"  means  a  person,  other  than the trustee the state
 41    insurance fund or any person employed by the board of trustees to replace  the
 42    state  insurance  fund,  employed by the trustee board to administer the Idaho
 43    petroleum clean water trust fund.
 44        (4)  "Application fee" means the amount paid or payable  by  an  owner  or
 45    operator  applying  for  a contract of insurance with the trust fund to offset
 46    the costs of issuing contracts of insurance and other costs  of  administering
 47    this fund.
 48        (5)  "Board"  means  the board of directors of the state insurance fund as
 49    established by section 72-901, Idaho Code trustees appointed by the governor.
 50        (6)  "Bodily injury" means any bodily injury, sickness, disease  or  death
 51    sustained by any person and caused by an occurrence defined in subsection (19)
 52    of this section.
 53        (7)  "Contamination" means the presence of petroleum or petroleum products
                                                                        
                                           4
                                                                        
  1    in surface or subsurface soil, surface water, or ground water.
  2        (8)  "Commission" means the state tax commission of the state of Idaho.
  3        (9)  "Corrective  action"  means those actions as are reasonably necessary
  4    to satisfy applicable federal and state standards in the event  of  a  release
  5    into the environment from a petroleum storage tank. Corrective action includes
  6    initial  corrective  action  response  or  actions  consistent with a remedial
  7    action to clean up contaminated soil and  ground  water  or  address  residual
  8    effects after initial corrective action is taken, as well as actions necessary
  9    to monitor, assess and evaluate a release. Corrective action also includes the
 10    cost  of  removing  a  tank which is releasing or has been releasing petroleum
 11    products and the release cannot be corrected without removing  the  tank;  but
 12    corrective  action  does  not  include  the  cost  of replacing this tank with
 13    another tank.
 14        (10) "Department" means the department of insurance of the state of Idaho.
 15        (11) "Director" means the director of the department of insurance.
 16        (12) "Farm tank" means any tank with a capacity of more than  one  hundred
 17    ten (110) gallons but less than one thousand one hundred (1,100) gallons situ-
 18    ated  above    ground  or underground which is used for storing motor fuel for
 19    noncommercial purposes and which is located on a tract of land devoted to  the
 20    production  of  crops or raising animals, including fish, and associated resi-
 21    dences and improvements. A farm tank must be located  on  the  farm  property.
 22    "Farm"  includes  fish hatcheries, rangeland and nurseries with growing opera-
 23    tions.
 24        (13) "Free  product"  means  petroleum  or  petroleum  products   in   the
 25    nonaqueous phase, (e.g., liquid not dissolved in water).
 26        (14) "Fund"  or  "trust  fund" means the Idaho petroleum clean water trust
 27    fund.
 28        (15) "Heating tank" means any tank with a capacity of more than  one  hun-
 29    dred  ten (110) gallons situated above ground or underground which is used for
 30    storing heating oil for consumptive use on the premises where stored.
 31        (16) "Legal defense costs" means any expense that an owner or operator  or
 32    the  trust  fund  incurs in defending against claims or actions brought by the
 33    federal environmental protection agency or a state agency to  require  correc-
 34    tive  action  or to recover the costs of corrective action; or by or on behalf
 35    of a third party for bodily injury or property damage caused by a release.
 36        (17) "Licensed distributor" means  any  distributor  who  has  obtained  a
 37    license under the provisions of section 63-2427A, Idaho Code. If a person sub-
 38    ject  to  the fee imposed by section 41-49089(67), Idaho Code, is not required
 39    to obtain a distributor's license under the provisions of  chapter  24,  title
 40    63,  Idaho  Code,  such  person  shall  apply  to the commission for a limited
 41    license for the purpose of complying with the requirements  of  this  chapter.
 42    Such a limited license shall not be valid for any other purpose. No bond shall
 43    be  required  for  a  limited  license.  A  holder  of  a limited license is a
 44    "licensed distributor" for the purposes of filing  reports,  paying  fees  and
 45    other  actions  necessary to the proper administration and enforcement of this
 46    chapter.
 47        (18) "Manager" means the duly appointed manager  of  the  state  insurance
 48    fund of the state of Idaho.
 49        (19) "Noncommercial  purposes" means not for resale, with respect to motor
 50    fuels.
 51        (2019) "Occurrence" means an accident, including  continuous  or  repeated
 52    exposure  to  conditions,  which resulted in a release into the environment of
 53    petroleum products from a petroleum storage tank.
 54        (210) "Operator" means any person in  control,  or  having  responsibility
 55    for, the daily operations of a petroleum storage tank.
                                                                        
                                           5
                                                                        
  1        (221) "Owner"  means  the  owner  of a petroleum storage tank, except that
  2    "owner" does not include any person who, without participation in the  manage-
  3    ment of a petroleum storage tank, holds indicia of ownership primarily to pro-
  4    tect the owner's security interest in the tank.
  5        (232) "Person" means any corporation, association, partnership, one (1) or
  6    more individuals, or any governmental unit, or agency thereof, other than fed-
  7    eral or state agencies.
  8        (243) "Petroleum" and/or "petroleum products" mean crude oil, or any frac-
  9    tion  thereof, which is liquid at standard conditions of temperature and pres-
 10    sure (i.e., at sixty (60) degrees fahrenheit  and  fourteen  and  seven-tenths
 11    (14.7)  pounds  per  square  inch absolute). The term includes motor gasoline,
 12    gasohol, other alcohol blended fuels, diesel fuel, heating  oil  and  aviation
 13    fuel.
 14        (254) "Property  damage"  means injury or destruction to tangible property
 15    caused by an occurrence.
 16        (265) "Release" means any spilling, leaking, emitting, discharging, escap-
 17    ing, leaching, or disposing from a petroleum storage tank into  ground  water,
 18    surface water, or surface or subsurface soils.
 19        (276) "Residential  tank"  means any tank with a capacity of more than one
 20    hundred ten (110) gallons but less than one thousand one hundred (1,100)  gal-
 21    lons situated above ground or underground which is used for storing motor fuel
 22    for noncommercial purposes and which is located on property used primarily for
 23    dwelling purposes.
 24        (287) "Site"  means  a single parcel of property where petroleum or petro-
 25    leum products are stored in a petroleum storage tank and includes all contigu-
 26    ous land, structures, other appurtenances, surface water, ground  water,  sur-
 27    face  and  subsurface soil, and subsurface strata within and beneath the prop-
 28    erty boundary.
 29        (298) "State" means the state of Idaho or any office, department,  agency,
 30    authority,  commission,  board,  institution, hospital, college, university or
 31    other instrumentality thereof.
 32        (3029) "Tank" means a stationary device designed to contain  an  accumula-
 33    tion  of  petroleum  or petroleum products and constructed of nonearthen mate-
 34    rials (e.g., concrete, steel, plastic) that provide structural support.
 35        (310) "Trustees" means the trustees of the  Idaho  petroleum  clean  water
 36    trust  fund, who for the purposes of are appointed by the governor pursuant to
 37    this chapter. shall be the manager of the state insurance fund of the state of
 38    Idaho.
 39        (321) "Underground storage tank" means  any  one  (1)  or  combination  of
 40    tanks,  including underground pipes connected thereto, that is used to contain
 41    an accumulation of petroleum or petroleum products, and the volume  of  which,
 42    including  the  volume  of underground pipes connected thereto, is ten percent
 43    (10%) or more beneath the surface of the ground. This term  does  not  include
 44    any:
 45        (a)  Farm  or residential tank of one thousand one hundred (1,100) gallons
 46        or less capacity used for storing motor fuel for noncommercial purposes;
 47        (b)  Tank used solely for storing heating oil for consumptive use  on  the
 48        premises where stored;
 49        (c)  Septic tank;
 50        (d)  Pipeline facility including gathering lines regulated under:
 51             (i)   The  natural  gas  pipeline  safety act of 1968 (49 U.S.C. app.
 52             1671, et seq.); or
 53             (ii)  The hazardous liquid pipeline safety act  of  1979  (49  U.S.C.
 54             app. 2001, et seq.); or
 55             (iii) State  laws comparable to the provisions of the law referred to
                                                                        
                                           6
                                                                        
  1             in paragraph (d)(i) or (d)(ii) of this subsection  as  an  intrastate
  2             pipeline facility;
  3        (e)  Surface impoundment, pit, pond or lagoon;
  4        (f)  Storm water or wastewater collection system;
  5        (g)  Flow-through process tank;
  6        (h)  Liquid  trap or associated gathering lines directly related to oil or
  7        gas production and gathering operations;
  8        (i)  Storage tank situated in an underground area  (such  as  a  basement,
  9        cellar, mineworking, drift, shaft, or tunnel) if the storage tank is situ-
 10        ated upon or above the surface of the floor;
 11        (j)  Tanks with a capacity of one hundred ten (110) gallons or less.
 12    The  term  "underground  storage tank" does not include any pipes connected to
 13    any tank which is described in paragraphs (a) through (i) of this definition.
 14        (332) "Underground storage tank regulations" means regulations for  petro-
 15    leum  storage  tanks promulgated by the United States environmental protection
 16    agency (EPA) pursuant to subtitle I  of  the  solid  waste  disposal  act,  as
 17    amended  by  the  resource conservation  and recovery act, regulations promul-
 18    gated by the state of Idaho as part of a state program for underground storage
 19    tank regulation under subtitle I, or other regulations  affecting  underground
 20    storage  tank operations and management, including the international fire code
 21    adopted by the state of Idaho.
                                                                        
 22        SECTION 3.  That Section 41-4904, Idaho Code, be, and the same  is  hereby
 23    amended to read as follows:
                                                                        
 24        41-49045.  CREATION,  AUTHORIZATION  AND MANAGEMENT OF THE IDAHO PETROLEUM
 25    CLEAN WATER TRUST FUND. (1) The Idaho petroleum  clean  water  trust  fund  is
 26    hereby created, subject to the direction and supervision of the board, and the
 27    manager of the state insurance fund administrator is hereby authorized to uti-
 28    lize  this  trust  fund  for  the purpose of insuring governmental and private
 29    entities who are owners and operators of petroleum storage tanks  against  the
 30    costs  of  corrective  action  and compensating third parties that are legally
 31    entitled to receive compensation for bodily injury and property damage arising
 32    out of accidental releases of petroleum from petroleum storage  tanks  covered
 33    by  a  contract of insurance between the owner or operator and the trust fund.
 34    The manager shall be the trustee of this fund, and shall appoint  an  adminis-
 35    trator of this fund who shall be an employee of the state insurance fund.
 36        (2)  Nothing  in  this chapter shall enlarge or otherwise adversely affect
 37    the legal liability of any legal entity insured by the  trust  fund,  and  any
 38    immunity  or  other  bar  to  a civil lawsuit under Idaho or federal law shall
 39    remain in effect. The fact that the trust fund insures the legal liability  of
 40    any  legal entity and thus may relieve the entity or an employee of the entity
 41    from the payment of any judgment arising from a civil lawsuit,  shall  not  be
 42    communicated to the trier of fact in such a lawsuit.
 43        (3)  The trust fund shall consist of all application fees and all transfer
 44    fees  collected  pursuant  to  section  41-49089, Idaho Code, all other moneys
 45    received and paid into the trust fund, property and securities acquired by  or
 46    through  the  use  of  money  belonging to the trust fund, money loaned to the
 47    trust fund under the terms and agreements of a subordinated note of  indebted-
 48    ness  or borrowed surplus as hereinafter defined and authorized, and of inter-
 49    est earned on money and securities owned or in the  possession  of  the  trust
 50    fund  under an agreement that such investment earnings can accrue to the bene-
 51    fit of the trust fund.
 52        (4)  The trust fund shall have the powers and privileges  of  a  nonprofit
 53    corporate entity and in its name may sue and be sued in any court of competent
                                                                        
                                           7
                                                                        
  1    jurisdiction,  and may lease and maintain offices and space for its departmen-
  2    tal and operational facilities, subject to the provisions of chapters 6 and 7,
  3    title 41, Idaho Code.
  4        (5)  (a) The personnel costs, operating expenditures  and  capital  outlay
  5        budget  of  the  trust fund shall be subject to review and approval in the
  6        appropriation of the state insurance fund, and it is the  intent  of  this
  7        chapter  that  the trust fund be a self-supporting insurance fund, so that
  8        no appropriations, loans, or other transfers of state  funds  need  to  be
  9        made to the trust fund except as follows:
 10             (i)   A  temporary  line  of credit for the initial start-up costs of
 11             the trust fund may be obtained as provided in paragraph (b)  of  this
 12             subsection; and
 13             (ii)  A temporary line of credit to offset any temporary shortages in
 14             the  operating fund balance of the trust fund may be obtained as pro-
 15             vided in paragraph (b) of this subsection.
 16        (b)  There is hereby established a temporary line of credit  to  be  drawn
 17        from  the state general account to the trust fund account in the amount of
 18        one million dollars ($1,000,000). This amount  of  money  is  continuously
 19        appropriated  for  the  purposes  of  this  chapter. The temporary line of
 20        credit may be drawn upon by the trust fund only during the first  eighteen
 21        (18) months after the effective date of this chapter and only for the pur-
 22        pose  of  financing  the  initial start-up costs of the trust fund and any
 23        temporary shortages in the operating fund balance of the trust  fund.  The
 24        manager  may  draw  upon  all  or part of the temporary line of credit, as
 25        shall be required. The money advanced from the state general account shall
 26        be repaid with interest from surplus moneys in the trust fund to the  gen-
 27        eral account within one (1) year from the date the trust fund commences to
 28        issue  contracts  of  insurance.  Interest  of ten percent (10%) per annum
 29        shall be calculated upon the principal amount outstanding each month until
 30        repaid.
 31        (c)  In the event the trust fund is unable to repay the funds  drawn  from
 32        the  state  general account under the temporary line of credit established
 33        under paragraph (b) of this subsection due to the dissolution of the trust
 34        fund pursuant to a court order, then an amount necessary to repay the line
 35        of credit shall be appropriated by the next regular session of  the  state
 36        legislature.
 37        (d)  Funds  obtained  from the temporary line of credit shall constitute a
 38        subordinated indebtedness subject to the provisions  of  section  41-4943,
 39        Idaho Code.
 40        (6)  The  manager  of  the  state  insurance fund, as trustee of the trust
 41    fund, administrator shall enter into a management and administrative  contract
 42    with  the state insurance trust fund to provide the following services: to the
 43    trust fund:
 44        (a)  Administrative functions including the hiring of qualified  personnel
 45        and  the  payment of salaries and wages earned, plus recordkeeping for the
 46        personnel hired to provide services for the trust fund.
 47        (b)  Accounting and recordkeeping of all receipts and disbursements of the
 48        trust fund.
 49        (c)  Underwriting functions of the trust fund to issue contracts  of  lia-
 50        bility  insurance  and  charge  appropriate application fees under section
 51        41-49089, Idaho Code, for such contracts  and  keep  accurate  statistical
 52        records.
 53        (d)  Claims handling functions of the trust fund to process and pay appro-
 54        priate claims in a prompt, fair and reasonable manner.
 55        (e)  Auditing  functions of the trust fund to maintain accurate records of
                                                                        
                                           8
                                                                        
  1        receipts and disbursements by the trust fund  and  accurate  reporting  of
  2        statistics  by  owners or operators of storage tanks covered by a contract
  3        of insurance issued by the trust fund.
  4        (f)  Actuarial functions of the trust fund to maintain credible and viable
  5        statistics, sufficient  operating  fund  balances,  and  appropriate  loss
  6        reserves.
  7        (g)  Computer  and  data  processing functions to assist the trust fund in
  8        maintaining complete and accurate records in a  timely  manner  and  issue
  9        loss  payments and other disbursements, as well as provide individual sta-
 10        tistics and records of storage tanks covered by a  contract  of  insurance
 11        issued by the trust fund.
 12        (h)  Computer  programming  functions to maintain a proficient and current
 13        data processing system for the trust fund.
 14        (i)  Legal services for the trust fund.
 15        (j)  Any and all other functions the manager of the state  insurance  fund
 16        as  trustee  administrator deems prudent and reasonable to assure the suc-
 17        cessful operation of the trust fund.
 18        (76)  The Idaho petroleum clean water trust  fund  shall  be  administered
 19    without  liability  on  the  part  of the state insurance fund or the state of
 20    Idaho beyond the amount of said trust fund.
 21        (87)  The administrator, subject to the approval of  the  manager  of  the
 22    state  insurance  fund as trustee, shall have the power to receive and account
 23    for all moneys paid into the trust fund, accept and evaluate applications  for
 24    insurance coverage and issue the contracts of insurance and evaluate, investi-
 25    gate  and   adjust  claims made against the trust fund and make agreements for
 26    corrective actions or compensation to third parties for bodily injury or prop-
 27    erty damage those parties may be legally entitled to receive  from  the  trust
 28    fund in accordance with the provisions of this chapter.
 29        (98)  The administrator, with the approval of the trustee, shall establish
 30    underwriting  procedures to issue contracts of insurance and claim procedures.
 31    The administrator shall be given notice of all applications, hearings and pro-
 32    ceedings involving the rights of the trust fund and shall represent the  trust
 33    fund  in  all proceedings. The administrator's decisions shall be written, and
 34    shall include all reasons for his decisions and shall be subject  to  judicial
 35    review in the district court of Ada county; provided, however, that the admin-
 36    istrator and the trust fund shall not be liable for alleged bad faith or other
 37    legal  theories  based  on any method or timing of the claims processed on his
 38    decision.
 39        (109) The manager of the state insurance  fund  administrator  may  employ
 40    legal  counsel or obtain legal counsel through the attorney general concerning
 41    all legal matters arising out of the existence  and  operation  of  the  trust
 42    fund,  including  claims made against the contracts of insurance issued by the
 43    administrator of the trust fund.
 44        (110) The manager of the  state  insurance  fund  administrator  may  also
 45    employ such employees or contract for such services as are necessary to assist
 46    in  the administration of the trust fund, and all such administrative expenses
 47    incurred by the state insurance fund for the benefit of the trust  fund  shall
 48    be reimbursed by the trust fund.
 49        (12) The  administrator  may, in his official capacity, sue and be sued in
 50    all courts of the state, and shall be entitled to a defense by  the  state  of
 51    Idaho  for  any  alleged acts of negligence that may arise out of his official
 52    duties as administrator and/or as an employee of the state of Idaho.
                                                                        
 53        SECTION 4.  That Chapter 49, Title 41, Idaho Code, be,  and  the  same  is
 54    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
                                                                        
                                           9
                                                                        
  1    ignated as Section 41-4904, Idaho Code, and to read as follows:
                                                                        
  2        41-4904.  BOARD OF TRUSTEES OF THE FUND. (1) The  governor  shall  appoint
  3    seven  (7)  persons  to  be the board of trustees of the Idaho petroleum clean
  4    water trust fund. One (1) member shall be a member of the  state  senate,  one
  5    (1)  member  shall  be a member of the state house of representatives, one (1)
  6    member shall be a representative of the financial community with expertise  in
  7    the area of insurance, accounting or finance, one (1) member shall be an engi-
  8    neer,  geologist or similarly trained scientist with experience in environmen-
  9    tal remediation, one (1) member shall be a wholesale distributor of  petroleum
 10    products  who  participates  in  the trust fund and has less than five million
 11    (5,000,000) gallons in annual sales, one (1) member shall be a wholesale  dis-
 12    tributor of petroleum products who participates in the trust fund and has from
 13    five  million (5,000,000) to ten million (10,000,000) gallons in annual sales,
 14    and one (1) member shall be a retailer of petroleum products who  participates
 15    in the trust fund and has more than ten million (10,000,000) gallons in annual
 16    sales.  The governor shall appoint a  chairman from the seven (7) members. The
 17    members shall be appointed for terms of four (4) years, except that all vacan-
 18    cies shall be filled for the unexpired term, provided that the first  two  (2)
 19    appointments  the  governor  makes  after the effective date of this act shall
 20    serve a term of two (2) years and the other five (5)  members  shall  serve  a
 21    term  of  four  (4) years. Thereafter, a member shall serve a term of four (4)
 22    years. A certificate of appointment shall be filed in the office of the secre-
 23    tary of state. A majority of the members shall constitute  a  quorum  for  the
 24    transaction  of business or the exercise of any power or function of the Idaho
 25    petroleum clean water trust fund and a majority vote of the members  shall  be
 26    necessary  for any action taken by the board of trustees. Members of the board
 27    of  trustees shall receive a compensation for service as prescribed in section
 28    59-509(h), Idaho Code.
 29        (2)  The administrator of the fund  shall  be  the  state  insurance  fund
 30    unless  replaced by the board of trustees with another person. The administra-
 31    tor shall serve at the pleasure  of  the  board  of  trustees.  The  board  of
 32    trustees  may  appoint and employ such other persons as may be required by the
 33    board and shall prescribe the duties and compensation of each such person.
 34        (3)  It shall be the duty of the board of trustees to direct the  policies
 35    and  operation  of the fund to assure that it is run as an efficient insurance
 36    company, remains actuarially sound and maintains the public purposes for which
 37    the Idaho petroleum clean water trust fund was created.
                                                                        
 38        SECTION 5.  That Section 41-4905, Idaho Code, be, and the same  is  hereby
 39    amended to read as follows:
                                                                        
 40        41-49056.  LIMITS  OF  LIABILITY  FOR CONTRACTS OF INSURANCE ISSUED BY THE
 41    ADMINISTRATOR. (1) Contracts of insurance issued by  the  administrator  shall
 42    contain  the following per occurrence and annual aggregate limits of liability
 43    for paying the costs of corrective action and compensating third  parties  who
 44    are  legally  entitled  to receive compensation for bodily injury and property
 45    damage arising out of  accidental  releases  from  covered  petroleum  storage
 46    tanks:
 47        (a)  For  owners  or operators of heating tanks, farm tanks or residential
 48        tanks, no more than one hundred thousand dollars ($100,000) per occurrence
 49        and no more than one hundred thousand dollars ($100,000) annual aggregate;
 50        (b)  For nonmarketers of petroleum products who are owners or operators of
 51        above ground and underground storage tanks and who  consume  ten  thousand
 52        (10,000)  gallons  or  less of petroleum products each month, no more than
                                                                        
                                           10
                                                                        
  1        five hundred thousand dollars ($500,000) per occurrence and no  more  than
  2        one million dollars ($1,000,000) annual aggregate;
  3        (c)  For  owners  or  operators  of  one  (1) to one hundred (100) covered
  4        underground petroleum storage tanks, no  more  than  one  million  dollars
  5        ($1,000,000)   per  occurrence  and  no  more  than  one  million  dollars
  6        ($1,000,000) annual aggregate;
  7        (d)  For owners or operators of one hundred and one (101) or more  covered
  8        underground  petroleum  storage  tanks,  no  more than one million dollars
  9        ($1,000,000)  per  occurrence  and  no  more  than  two  million   dollars
 10        ($2,000,000) annual aggregate; and
 11        (e)  For  owners  or  operators  of covered above ground petroleum storage
 12        tanks, no more than one million dollars ($1,000,000) per occurrence and no
 13        more than one million dollars ($1,000,000) annual aggregate.
 14        (2)  Legal defense costs shall be disregarded for purposes of  determining
 15    whether  the  limits  specified  in  subsection  (1) of this section have been
 16    reached.
 17        (3)  Benefits provided by the trust fund shall be primary and shall not be
 18    construed to be excess over and above any other valid and  collectible  insur-
 19    ance.
 20        (4)  If  an  owner  or  operator owns or operates more than one (1) of the
 21    types of petroleum storage tanks listed in subsection  (1)  of  this  section,
 22    then  the  limit of liability applicable to the type of petroleum storage tank
 23    from which the accidental release occurred shall apply. In no event shall  any
 24    of  the  limits  of liability in subsection (1) of this section be combined to
 25    exceed the highest per occurrence and annual aggregate limits of liability for
 26    any single category in subsections  (1)(a)  through  (1)(e)  of  this  section
 27    applicable to an insured owner or operator.
                                                                        
 28        SECTION  6.  That  Section 41-4906, Idaho Code, be, and the same is hereby
 29    amended to read as follows:
                                                                        
 30        41-49067.  OWNER OR OPERATOR FINANCIAL RESPONSIBILITY. (1)  The  owner  or
 31    operator  shall  reimburse  the trust fund for all dollars expended, excluding
 32    legal defense costs, up to but not exceeding the following amounts:
 33        (a)  With respect to a heating tank  -  one  hundred  dollars  ($100)  per
 34        annum;
 35        (b)  With  respect  to a farm tank or residential tank - two thousand dol-
 36        lars ($2,000) per annum;
 37        (c)  With respect to an above ground storage tank or  underground  storage
 38        tank,  as  defined  in  section 41-4903, Idaho Code - ten thousand dollars
 39        ($10,000) per annum.
 40        (2)  Payments by the trust fund shall not be made contingent on prior pay-
 41    ment of the reimbursement herein required.
                                                                        
 42        SECTION 7.  That Section 41-4907, Idaho Code, be, and the same  is  hereby
 43    amended to read as follows:
                                                                        
 44        41-49078.  EXCLUSIVENESS OF REMEDY. If compensation is made from the trust
 45    fund  to a third party for property damage or personal injury, then that third
 46    party shall not recover again for the damage actually compensated by the trust
 47    fund pursuant to the collateral source doctrine or any other rule of law  per-
 48    mitting duplicate recovery.
                                                                        
 49        SECTION  8.  That  Section 41-4908, Idaho Code, be, and the same is hereby
 50    amended to read as follows:
                                                                        
                                           11
                                                                        
  1        41-49089.  SOURCE OF TRUST FUND -- APPLICATION  FEES  --  APPLICATION  FOR
  2    ENROLLMENT  --  TRANSFER  FEES.  (1) Every owner or operator of an underground
  3    storage tank may, if he desires to apply to  the  trust  fund  to  insure  the
  4    underground  tank, make application for and pay into the trust fund an initial
  5    application fee set by the administrator, but not to exceed  twenty-five  dol-
  6    lars ($25.00) for each tank for which application for coverage is made.
  7        (2)  Every  owner  or  operator  of an aboveground storage tank may, if he
  8    desires to apply to the trust fund to insure the aboveground tank, make appli-
  9    cation for and pay into the trust fund an initial application fee set  by  the
 10    administrator,  but  not  to exceed twenty-five dollars ($25.00) for each tank
 11    for which application for coverage is made.
 12        (3)  Every owner or operator of a farm tank or residential tank may, if he
 13    desires to apply to the trust fund to insure the tank,  make  application  for
 14    and pay into the  trust fund an initial application fee set by the administra-
 15    tor,  but  not  to exceed twenty-five dollars ($25.00) for each tank for which
 16    application for coverage is made.
 17        (4)  Every owner or operator of a heating tank may, if he desires to apply
 18    to the trust fund to insure the tank, make application for and  pay  into  the
 19    trust  fund  an  initial  application fee set by the administrator, but not to
 20    exceed five dollars ($5.00) for each tank for which application  for  coverage
 21    is made.
 22        (5)  The  application  for insurance shall be made to the administrator on
 23    forms furnished and prescribed by him the administrator  for  the  purpose  of
 24    eliciting reasonably available information as to the type and use of the stor-
 25    age  tank,  the type of business enterprise of the tank owner or operator, the
 26    age of the storage tank, the materials used in the construction  of  the  tank
 27    and  the inside and outside protective coatings and other corrosion protective
 28    measures, leak detection methods, spill and overfill prevention methods of the
 29    tank, the location of the tank and its proximity to roads and  buildings,  the
 30    foundation  and  type of material used as a bedding and fill for the tank, any
 31    available inspection records of the tank including the  gallons  of  petroleum
 32    products entered into the tank and the gallon dispersements from the tank, and
 33    other  information  that is reasonably prudent in order to obtain a sufficient
 34    body of statistical data to determine the relative hazards of various  catego-
 35    ries  of  tanks,  the potential that future leaks or discharges may occur, and
 36    the conditions under which cleanup costs and personal injury and property dam-
 37    age costs may occur and vary in the severity of the release and the  resultant
 38    costs to the trust fund.
 39        (6)  The  administrator  shall act upon the application for insurance with
 40    all reasonable promptness, and he the administrator shall make such investiga-
 41    tions of the applicant as he the administrator deems advisable to determine if
 42    the information contained in the application for  insurance  is  accurate  and
 43    complete.  The  administrator shall determine if the applicant's storage tanks
 44    meet all the eligibility requirements and promptly notify the applicant of the
 45    acceptance or nonacceptance of the application for insurance. The  absence  of
 46    unknown  data  requested  on the application shall not preclude an applicant's
 47    acceptance for coverage by the trust fund, if the applicant is otherwise  eli-
 48    gible for insurance under this chapter.
 49        (7)  In addition to the application fees received by the trust fund pursu-
 50    ant  to this section, the trust fund shall receive the revenue produced by the
 51    imposition of  a "transfer fee" of one cent (1) per gallon on the delivery or
 52    storage of all petroleum products as defined in  subsection  (24)  of  section
 53    41-4903,  Idaho  Code,  delivered  or  stored  within the state of Idaho. This
 54    transfer fee is  hereby  imposed  upon  the  first  licensed  distributor  who
 55    receives, as receipt is determined in section 63-2403, Idaho Code, a petroleum
                                                                        
                                           12
                                                                        
  1    product  within  this  state  for the privilege of engaging in the delivery or
  2    storage of petroleum products whose delivery or storage may present the danger
  3    of a discharge into the environment  and  thus  create  the  liability  to  be
  4    funded.  The  fee imposed by this subsection shall not apply to: (a) petroleum
  5    or petroleum products which are first delivered or stored in this state  in  a
  6    container  of fifty-five (55) gallons or less if such container is intended to
  7    be transferred to the ultimate consumer of the petroleum  or  petroleum  prod-
  8    ucts; or (b) petroleum or petroleum products delivered or stored in this state
  9    for the purpose of packaging or repackaging into containers of fifty-five (55)
 10    gallons  or  less if such container is intended to be transferred to the ulti-
 11    mate consumer of the petroleum or petroleum products.
 12        (8)  The transfer fee shall be collected by the commission on  all  petro-
 13    leum  products delivered or stored within this state after April 1, 1990. This
 14    transfer fee shall be in addition to any excise tax imposed on motor  fuel  or
 15    other  petroleum  products  and  shall  be remitted to the commission with the
 16    distributor's monthly report as required in section 63-2406,  Idaho Code.  The
 17    distributor  may  deduct  from  his  monthly report those gallons of petroleum
 18    products returned to a licensed distributor's refinery  or  pipeline  terminal
 19    storage or exported from the state when supported by proper documents approved
 20    by the commission. For the purpose of carrying out its duties under the provi-
 21    sions  of  this  chapter, the commission shall have the powers and duties pro-
 22    vided in sections 63-3038, 63-3039, 63-3042 through 63-3066, 63-3068, 63-3071,
 23    and 63-3074 through 63-3078, Idaho Code, which sections  are  incorporated  by
 24    reference herein as though set out verbatim.
 25        (9)  No person shall be excused from liability for any duty or fee imposed
 26    in this chapter for failure to obtain a distributor's license.
 27        (10) The  director  shall  certify to the commission when the unencumbered
 28    balance in the trust fund equals twenty-five  million  dollars  ($25,000,000).
 29    Effective  the first day of the second month following the date of such certi-
 30    fication, the imposition of the transfer fee shall be  suspended.  Thereafter,
 31    the  director shall certify to the commission when the unencumbered balance in
 32    the trust fund equals fifteen million  dollars  ($15,000,000).  Effective  the
 33    first  day  of  the second month following the date of such certification, the
 34    imposition of the transfer fee shall be reinitiated.
                                                                        
 35        SECTION 9.  That Section 41-4909, Idaho Code, be, and the same  is  hereby
 36    amended to read as follows:
                                                                        
 37        41-490910.  DISTRIBUTION  OF  APPLICATION  FEES AND TRANSFER FEES. (1) The
 38    application fees and the transfer fees collected as provided in  this  chapter
 39    shall  be  promptly  remitted  to the state treasurer for deposit in the Idaho
 40    petroleum clean water trust fund. The transfer fees and  accumulated  interest
 41    which  accrued  to the fund prior to August 3, 1995, shall remain in the fund.
 42    The transfer fees and accumulated interest, which have been held in a separate
 43    suspense account since August 3, 1995, shall be  distributed  as  provided  in
 44    subsection  (4)  of  this  section. The transfer fees and accumulated interest
 45    which accrue to the Idaho petroleum clean water trust fund subsequent to April
 46    1, 1997, shall be distributed monthly thereafter as provided in subsection (5)
 47    of this section.
 48        (2)  An amount of money equal to the actual cost of  collecting,  adminis-
 49    tering  and enforcing the transfer fee by the commission, as determined by it,
 50    shall be retained by the commission. The amount  retained  by  the  commission
 51    shall  not exceed the amount authorized to be expended by appropriation by the
 52    legislature. Any unencumbered balance in excess of the actual cost of  collec-
 53    tion, administering and enforcing the transfer fee requirements by the commis-
                                                                        
                                           13
                                                                        
  1    sion  at  the end of each fiscal year shall be remitted to the state treasurer
  2    for deposit into the Idaho petroleum clean water trust fund.
  3        (3)  From the receipts of the transfer fee, an amount of  money  shall  be
  4    distributed  to  the  state  refund account established under section 63-3067,
  5    Idaho Code, sufficient to reimburse that account for all current refund claims
  6    under this chapter paid from that account. Any refunds due and owing from  the
  7    commission  under this chapter shall be paid from the state refund account and
  8    those moneys are hereby continuously appropriated for that purpose.
  9        (4)  For the distribution on April 1, 1997, the balance  of  the  transfer
 10    fees and accumulated interest accruing to the separate suspense account estab-
 11    lished  for  such  fees on August 3, 1995, which remain after distributing the
 12    amounts specified in subsections (2) and (3) of this section,  shall  be  dis-
 13    tributed as follows:
 14        (a)  Twenty  percent  (20%)  to the Idaho petroleum clean water trust fund
 15        established in section 41-49045, Idaho Code;
 16        (b)  Three percent (3%) to the Idaho department of parks and recreation in
 17        accordance with subparagraphs 1., 2., and 3. of paragraph (e),  subsection
 18        (1) of section 63-2412, Idaho Code; and
 19        (c)  The remainder shall be distributed:
 20             (i)   Six  million  dollars ($6,000,000) to the state highway account
 21             for administration by the Idaho transportation department as provided
 22             in section 41-490910A, Idaho Code; and
 23             (ii)  The balance  remaining  to  the  highway  distribution  account
 24             established in section 40-701, Idaho Code.
 25        (5)  For  the  distribution  at  the  end  of fiscal year 1997 and monthly
 26    thereafter, the balance of the transfer fees and accumulated interest accruing
 27    to the Idaho petroleum clean water trust fund which remain after  distributing
 28    the  amounts  specified  in  subsections (2) and (3) of this section, shall be
 29    distributed as follows:
 30        (a)  Seventy-seven percent  (77%)  to  the  highway  distribution  account
 31        established in section 40-701, Idaho Code; and
 32        (b)  Three percent (3%) to the Idaho department of parks and recreation in
 33        accordance  with subparagraphs 1., 2., and 3. of paragraph (e), subsection
 34        (1) of section 63-2412, Idaho Code.
                                                                        
 35        SECTION 10.  That Section 41-4909A, Idaho Code, be, and the same is hereby
 36    amended to read as follows:
                                                                        
 37        41-490910A.  APPORTIONMENT OF MONEYS  TRANSFERRED  TO  THE  STATE  HIGHWAY
 38    ACCOUNT  FROM  THE  IDAHO PETROLEUM CLEAN WATER TRUST FUND SUSPENSE ACCOUNT ON
 39    APRIL 1, 1997. Of the moneys transferred to the state highway account pursuant
 40    to the distribution in section 41-490910(4)(c)(i), Idaho Code, an  amount  not
 41    to  exceed six million dollars ($6,000,000) shall be administered by the Idaho
 42    transportation department for use as the state and  local  match  for  federal
 43    highway  administration  (FHWA) and federal emergency management agency (FEMA)
 44    road and bridge projects. Such moneys shall be used exclusively for repair and
 45    restoration of local and state roads and bridges damaged by the 1996, 1997 and
 46    1998 natural disasters in the counties of Adams, Benewah, Bingham, Boise, Bon-
 47    ner, Bonneville, Boundary, Butte, Clearwater, Custer,  Elmore,  Fremont,  Gem,
 48    Idaho,  Jefferson,  Kootenai, Latah, Lemhi, Lewis, Madison, Nez Perce, Owyhee,
 49    Payette, Shoshone, Valley and Washington. When apportionment of  moneys  under
 50    this  section is sufficient to meet the purposes for which the moneys are des-
 51    ignated, but not to exceed six million  dollars  ($6,000,000),  any  remaining
 52    amounts  shall  be returned to the highway distribution account established in
 53    section 40-701, Idaho Code.
                                                                        
                                           14
                                                                        
  1        SECTION 11.  That Section 41-4910, Idaho Code, be, and the same is  hereby
  2    amended to read as follows:
                                                                        
  3        41-49101.  ISSUANCE  OF CONTRACTS OF INSURANCE BY THE ADMINISTRATOR OF THE
  4    IDAHO PETROLEUM CLEAN WATER TRUST FUND -- DEFERRAL. (1) The administrator  may
  5    issue  a  contract of insurance to an owner or operator of a petroleum storage
  6    tank that, based upon a consideration of the owner or  operator's  application
  7    for  insurance  and appropriate investigation by the administrator,  meets the
  8    eligibility provisions of  this  chapter  and  the  underwriting  requirements
  9    established by the administrator.
 10        (2)  The administrator may defer issuing contracts of insurance to certain
 11    categories  of petroleum storage tank owners or operators if necessary for the
 12    sound operation of the trust fund.
 13        (3)  The administrator shall consider the following factors in determining
 14    whether to defer the issuance of contracts of insurance  to  any  category  of
 15    petroleum storage tank owners or operators:
 16        (a)  The underwriting capacity of the trust fund;
 17        (b)  Any  requirement of federal or state law or regulation imposed on any
 18        category of petroleum storage tank  owners  or  operators  to  demonstrate
 19        financial  responsibility  for corrective action and compensation to third
 20        parties for bodily injury and  property  damage  arising  from  accidental
 21        releases from petroleum storage tanks;
 22        (c)  The  ability  of  the administrator to process insurance applications
 23        from different categories of petroleum storage tank owners or operators.
 24        (4)  Any decision by the  administrator  to  defer  issuing  contracts  of
 25    insurance  to any category of petroleum storage tank owners or operators shall
 26    be documented in the plan of operation, or an amendment thereto, submitted  to
 27    the  director  of the department of insurance pursuant to sections 41-49245 or
 28    41-49245A, Idaho Code, and subject to the director's approval.
 29        (5)  The administrator may issue contracts of insurance to deferred  cate-
 30    gories  of petroleum storage tank owners or operators when the need for defer-
 31    ral documented in subsection (4) of this section no longer exists,  as  demon-
 32    strated  by an amendment to the plan of operation submitted to and approved by
 33    the director of the department of insurance  pursuant  to  section  41-49245A,
 34    Idaho Code.
                                                                        
 35        SECTION 12.  That Section 41-4910A, Idaho Code, be, and the same is hereby
 36    amended to read as follows:
                                                                        
 37        41-49101A.  PROVISIONS  OF CONTRACTS OF INSURANCE -- RENEWAL. (1) The con-
 38    tracts of insurance issued by the administrator shall meet the requirements of
 39    this chapter. To the extent consistent with this  chapter,  the  contracts  of
 40    insurance shall also satisfy the provisions of any requirement imposed by fed-
 41    eral  or  state  law  or  regulation on any category of petroleum storage tank
 42    owners or operators to demonstrate  financial  responsibility  for  corrective
 43    action and compensation to third parties for bodily injury and property damage
 44    arising from accidental releases from petroleum storage tanks.
 45        (2)  Upon  receipt  of an annual application fee not exceeding twenty-five
 46    dollars ($25.00) for each aboveground tank, underground  tank,  farm  tank  or
 47    residential  tank, or not to exceed five dollars ($5.00) for each heating tank
 48    covered by a contract of insurance, and upon  receipt  of  evidence  that  the
 49    petroleum  storage  tanks  continue to meet the eligibility provisions of this
 50    chapter and the underwriting requirements established  by  the  administrator,
 51    the  administrator  shall issue an annual renewal of the contract of insurance
 52    to the owner or operator of said petroleum storage tanks.
                                                                        
                                           15
                                                                        
  1        SECTION 13.  That Section 41-4911, Idaho Code, be, and the same is  hereby
  2    amended to read as follows:
                                                                        
  3        41-49112.  STORAGE  TANKS  ELIGIBLE  FOR  INSURANCE.  (1) Eligible storage
  4    tanks are those tanks that meet all of the following criteria:
  5        (a)  Appropriate fees required in section 41-49089, Idaho Code, or section
  6        41-49101A, Idaho Code, have been paid;
  7        (b)  The tank, if an underground  storage  tank,  is  in  compliance  with
  8        applicable  federal  and  state underground storage tank rules and regula-
  9        tions;
 10        (c)  The tank is used only for storage of petroleum products;
 11        (d)  The tank, if an underground storage tank,  passes  a  tank  tightness
 12        test;
 13        (e)  The tank, if an aboveground storage tank, is in compliance with state
 14        and  federal  rules and regulations including the international fire code.
 15        If an aboveground tank is exempt from state or federal rules  and  regula-
 16        tions  and/or the international fire code by virtue of its being installed
 17        prior to the effective date of such rules and regulations or the  interna-
 18        tional fire code, such tank is not eligible unless it passes a tank tight-
 19        ness test;
 20        (f)  The  tank,  if a farm tank or residential tank, is in compliance with
 21        any applicable state or federal rules and regulations;
 22        (g)  Any contamination caused by or released by or from the tank has  been
 23        cleaned up, or a plan for cleanup or removal approved by the Idaho depart-
 24        ment  of  environmental  quality, is being implemented; provided, however,
 25        that the trust fund shall not pay for any costs associated with prior con-
 26        tamination.
 27        (2)  Any tank which is a part of a refiner's terminal or a  tank  directly
 28    supplied by a pipeline shall not be eligible.
                                                                        
 29        SECTION 14.  That Section 41-4911A, Idaho Code, be, and the same is hereby
 30    amended to read as follows:
                                                                        
 31        41-49112A.  STORAGE TANKS LOCATED ON SITES WHERE CONTAMINATION IS PRESENT.
 32    (1)  Notwithstanding  the provisions of section 41-49112(1)(g), Idaho Code, an
 33    owner or operator of a petroleum storage tank or tanks located on a site where
 34    contamination is present may be eligible for insurance covering the  petroleum
 35    storage tanks located on that site if the contamination does not pose a threat
 36    to  public health, safety or the environment, or was not caused by or released
 37    by or from the tank, or if multiple tanks are present on the site, any one (1)
 38    of the tanks, for which insurance coverage is sought; provided, however,  that
 39    the  trust  fund shall not pay for any corrective action costs or compensation
 40    to third parties for bodily injury or property damage arising from  the  prior
 41    contamination present at the site.
 42        (2)  Any  contamination caused by or released by or from the tank or tanks
 43    which may migrate off-site; contaminate ground water; exceed federal or  state
 44    standards,  guidelines,  criteria  or  contaminant  levels for ground water or
 45    drinking water; or pose a fire, explosion or safety hazard may  be  deemed  by
 46    the administrator to present a threat to public health, safety or the environ-
 47    ment. An owner or operator of such petroleum storage tank or tanks will not be
 48    eligible  for  insurance  covering the petroleum storage tanks located on that
 49    site unless the contamination has been cleaned up or a  plan  for  cleanup  or
 50    removal  approved  pursuant  to  section  41-49112(1)(g), Idaho Code, is being
 51    implemented.
 52        (3)  Contracts of insurance issued to an owner or operator of a  petroleum
                                                                        
                                           16
                                                                        
  1    storage  tank  located  on a site where contamination is present and where the
  2    administrator has determined that the contamination does not pose a threat  to
  3    public health, safety or the environment,  or was not caused by or released by
  4    or  from the tank or tanks shall exclude from coverage corrective action costs
  5    and compensation to third parties for bodily injury or property damage arising
  6    out of the prior contamination present at the site.
                                                                        
  7        SECTION 15.  That Section 41-4912, Idaho Code, be, and the same is  hereby
  8    amended to read as follows:
                                                                        
  9        41-49123.  STATE  TREASURER  CUSTODIAN  OF TRUST FUND -- DUTIES. The state
 10    treasurer shall be the custodian of the trust fund balance.
                                                                        
 11        SECTION 16.  That Section 41-4913, Idaho Code, be, and the same is  hereby
 12    amended to read as follows:
                                                                        
 13        41-49134.  DEPOSIT  AND  INVESTMENT  OF FUNDS -- INTEREST. The state trea-
 14    surer shall deposit or, on order of  the  administrator  of  the  trust  fund,
 15    invest  any  portion  of the Idaho petroleum clean water trust fund not needed
 16    for immediate or currently anticipated use, in the  manner  provided  by  law.
 17    Interest  earned by such invested portion of the trust fund shall be collected
 18    by the state treasurer and placed to the credit of the trust fund.
                                                                        
 19        SECTION 17.  That Section 41-4914, Idaho Code, be, and the same is  hereby
 20    amended to read as follows:
                                                                        
 21        41-49145.  PERPETUAL  APPROPRIATION.  All  moneys  which may come into the
 22    Idaho petroleum clean water trust fund are hereby perpetually appropriated  to
 23    the manager of the state insurance trust fund as trustee to be expended by him
 24    for the purposes of this chapter.
                                                                        
 25        SECTION  18.  That Section 41-4915, Idaho Code, be, and the same is hereby
 26    amended to read as follows:
                                                                        
 27        41-49156.  ENROLLED SUBSCRIBERS' LIABILITY  ON  JUDGMENT.  (1)  No  action
 28    shall  lie against any owner or operator of a tank insured by the Idaho petro-
 29    leum clean water trust fund upon any obligation  claimed  against  this  trust
 30    fund  until  a  final  judgment  has been obtained against this trust fund and
 31    remains unsatisfied for thirty (30) days.
 32        (2)  Any such judgment shall be binding upon each owner or  operator  only
 33    in  such proportion as his interests may appear and in an amount not exceeding
 34    his contingent liability, if any, in excess of the amount  of  insurance  pro-
 35    vided by the trust fund.
                                                                        
 36        SECTION  19.  That Section 41-4916, Idaho Code, be, and the same is hereby
 37    amended to read as follows:
                                                                        
 38        41-49167.  ACTIONS FOR COLLECTION IN CASE OF DEFAULT -- PENALTY -- CANCEL-
 39    LATION OF INSURANCE CONTRACT. (1) If an insured owner or operator of a storage
 40    tank shall default in any reimbursement required to be made by the insured  to
 41    the  trust  fund  under  section 41-49067, Idaho Code, the amount due from the
 42    insured may be collected by civil action against him in the name of the admin-
 43    istrator, and the same, when collected by the administrator shall be paid into
 44    the trust fund, and such insured's compliance  with  the  provisions  of  this
 45    chapter  requiring  payment  to  be made to the trust fund shall date from the
                                                                        
                                           17
                                                                        
  1    time the money is collected by the administrator.
  2        (2)  The contract of insurance held by an insured owner or operator  of  a
  3    storage  tank  which fails to comply with section 41-49112, Idaho Code, or who
  4    is in default in his enrollment fees for more than thirty  (30)  days  may  be
  5    cancelled canceled at the discretion of the administrator.
                                                                        
  6        SECTION  20.  That Section 41-4917, Idaho Code, be, and the same is hereby
  7    amended to read as follows:
                                                                        
  8        41-49178.  CANCELLATION OF INSURANCE. Any insured owner or operator  of  a
  9    storage  tank  may cancel his insurance by returning his insurance contract to
 10    the administrator for cancellation. There shall be no refund of  any  applica-
 11    tion fees paid to the trust fund as all such fees shall be deemed fully earned
 12    when an insurance contract is issued or renewed.
                                                                        
 13        SECTION  21.  That Section 41-4918, Idaho Code, be, and the same is hereby
 14    amended to read as follows:
                                                                        
 15        41-49189.  REINSURANCE. (1) The administrator of the trust fund may  rein-
 16    sure  any risk, or any part thereof, and may enter into agreements of reinsur-
 17    ance in the same way and to the same extent as other insurance  carriers,  the
 18    cost of which shall be paid out of the trust fund balance.
 19        (2)  Such reinsurance contracts may be on a specific excess basis for each
 20    liability  loss  sustained,  or  on a quota share basis of each liability loss
 21    sustained, or on a treaty basis wherein a line of credit is available  to  pay
 22    losses  in  excess  of a given amount with the money obtained from such a loan
 23    arrangement to be paid back only from expendable surplus funds, or on a facul-
 24    tative basis with one (1) or more reinsurers whereby  successive  portions  of
 25    the  loss  are  paid  on a given share basis, and/or on a net annual aggregate
 26    stop loss basis whereby the reinsurer must contribute to all losses when  such
 27    losses  exceed  a  given  amount  in any policy year, or any other reinsurance
 28    agreement found to be necessary, prudent and reasonable by  competent  actuar-
 29    ies.
                                                                        
 30        SECTION  22.  That Section 41-4919, Idaho Code, be, and the same is hereby
 31    amended to read as follows:
                                                                        
 32        41-491920.  PAYMENTS FROM THE TRUST FUND BY STATE TREASURER.  The  manager
 33    of  the state insurance fund as trustee administrator of the trust fund shall,
 34    in the management contract with the state insurance fund,  require  the  state
 35    insurance  fund  to submit each month to the state board of examiners an esti-
 36    mate of the amount necessary to meet the current disbursements  for  liability
 37    insurance  losses  to  be paid in behalf of insured owners or operators of the
 38    trust fund during each succeeding calendar month, and when such estimate shall
 39    be approved by the state board of examiners, the state treasurer is authorized
 40    to pay the same out of the fund upon sight drafts drawn by the  administrator.
 41    At the end of each calendar month the administrator shall account to the state
 42    board of examiners and the trustee board for all money so received, furnishing
 43    proper vouchers therefor.
                                                                        
 44        SECTION  23.  That Section 41-4920, Idaho Code, be, and the same is hereby
 45    amended to read as follows:
                                                                        
 46        41-49201.  RESERVE FUNDS. The Idaho petroleum clean water trust fund shall
 47    establish and maintain the following reserves or  financial  resources,  which
                                                                        
                                           18
                                                                        
  1    shall  constitute  liabilities in any determination of the financial condition
  2    of the trust fund:
  3        (1)  An amount sufficient for the payment of all claims made  against  the
  4    trust  fund,  which  shall  include  reasonable estimates for claim adjustment
  5    expense, legal fees and other claim settlement  costs,  and  including  claims
  6    reported  and  not  yet paid and claims incurred but not reported to the trust
  7    fund but only to the extent that a reasonable estimate can be  made  based  on
  8    prior  statistical  evidence and the condition of storage tanks insured by the
  9    trust fund.
 10        (2)  An amount adequate under reasonable estimates for the payment of  any
 11    unpaid  contractual  obligations,  taxes  and  any other services and expenses
 12    incurred but not paid.
                                                                        
 13        SECTION 24.  That Section 41-4921, Idaho Code, be, and the same is  hereby
 14    amended to read as follows:
                                                                        
 15        41-49212.  PLAN  OF OPERATION. The administrator shall establish a plan of
 16    operation to be approved by the director of the department  of  insurance  for
 17    the state of Idaho.
                                                                        
 18        SECTION  25.  That Section 41-4922, Idaho Code, be, and the same is hereby
 19    amended to read as follows:
                                                                        
 20        41-49223.  REGISTRATION OF THE TRUST FUND. The trust fund established pur-
 21    suant to the provisions of this chapter shall be registered with the  director
 22    as set out in this chapter.
                                                                        
 23        SECTION  26.  That Section 41-4923, Idaho Code, be, and the same is hereby
 24    amended to read as follows:
                                                                        
 25        41-49234.  QUALIFICATIONS FOR REGISTRATION. The director shall not  regis-
 26    ter the trust fund if it is not qualified therefor. To be qualified, the trust
 27    fund:
 28        (1)  Shall  require  all  application fees to be paid in advance and to be
 29    deposited in and disbursed from the trust fund duly created under  this  chap-
 30    ter.
 31        (2)  Shall have, or provide for, a trustworthy and responsible administra-
 32    tor for competent administration of the trust fund and plan.
 33        (3)  Shall  provide  that  the  administrator  or trustee on behalf of the
 34    trust fund, as the case may be, furnish to each insured owner  or  operator  a
 35    contract  of  insurance  adequately and clearly stating all rights and obliga-
 36    tions of the insured owner or operator, together with all applicable  restric-
 37    tions, limitations and exclusions, and the procedure for filing a claim.
 38        (4)  Shall  be actuarially sound; that is, assets, income and other finan-
 39    cial resources of the trust fund must be adequate under  reasonable  estimates
 40    for  payment  of  all  claims, claims adjustment expenses, taxes, expenses and
 41    other obligations.
 42        (5)  Shall otherwise be in compliance with the provisions of this chapter.
                                                                        
 43        SECTION 27.  That Section 41-4924, Idaho Code, be, and the same is  hereby
 44    amended to read as follows:
                                                                        
 45        41-49245.  APPLICATION FOR REGISTRATION -- FEE. (1) Application for regis-
 46    tration  of  the  trust fund shall be made to the director, on forms furnished
 47    and designed by him for the purpose of eliciting information as to whether the
                                                                        
                                           19
                                                                        
  1    trust fund is qualified for registration. The application shall be signed  and
  2    verified by the trustee board.
  3        (2)  The application shall be accompanied by:
  4        (a)  A  copy  of  the  bylaws  of  the  trust  fund referred to in section
  5        41-493027, Idaho Code;
  6        (b)  A copy of the proposed contract of insurance;
  7        (c)  A written plan of operation that outlines  the  reasonably  projected
  8        income  and  disbursements  of  the  trust  fund for the twelve (12) month
  9        period commencing with date of application and  showing  also  the  amount
 10        reserved  and  financial  resources available as of the end of such period
 11        for claims incurred and not paid or incurred and not reported;
 12        (d)  A current certified audited financial statement;
 13        (e)  Such other relevant documentation and information as the director may
 14        reasonably require.
 15        (3)  A nonrefundable filing fee of twenty-five dollars ($25.00)  shall  be
 16    paid to the director at the time the application is filed.
                                                                        
 17        SECTION 28.  That Section 41-4924A, Idaho Code, be, and the same is hereby
 18    amended to read as follows:
                                                                        
 19        41-49245A.  AMENDMENTS TO PLAN OF OPERATION. (1) Any amendment to the plan
 20    of  operation  prepared  by the administrator for the purpose of deferring the
 21    issuance of contracts of insurance to any category of petroleum  storage  tank
 22    owners or operators or for issuing contracts of insurance to any deferred cat-
 23    egory  of petroleum storage tank owners or operators shall be submitted to the
 24    director of the department of insurance.
 25        (2)  The director shall review the amendment and shall, with  all  reason-
 26    able  promptness, approve, approve as modified, or disapprove of the amendment
 27    to the plan of operation. If the amendment is approved, the administrator  may
 28    issue  contracts of insurance and otherwise operate the trust fund in a manner
 29    consistent with the amended plan of operation.  If  the  amendment  is  disap-
 30    proved,  the  administrator must operate the trust fund in a manner consistent
 31    with the provisions of the plan of operation as submitted to the  director  in
 32    the  trust  fund's  application for registration under section 41-49245, Idaho
 33    Code.
 34        (3)  The director may request such relevant documentation and information,
 35    including an actuarial analysis of the  underwriting  capacity  of  the  trust
 36    fund,  as  is  reasonably  necessary to evaluate the proposed amendment to the
 37    plan of operation.
 38        (4)  All procedures and policies concerning the approval, modification  or
 39    disapproval  of any amendment to the plan of operation are subject to the pro-
 40    visions of chapter 52, title 67, Idaho Code, as well as the rules of  practice
 41    and procedure of the department of insurance.
                                                                        
 42        SECTION  29.  That Section 41-4926, Idaho Code, be, and the same is hereby
 43    repealed.
                                                                        
 44        SECTION 30.  That Section 41-4925, Idaho Code, be, and the same is  hereby
 45    amended to read as follows:
                                                                        
 46        41-49256.  GRANT  OR  DENIAL  OF  REGISTRATION. (1) The director shall act
 47    upon an application for registration of the trust  fund  with  all  reasonable
 48    promptness.  He may make such investigation of the proposal as he deems advis-
 49    able. If the director finds that the application is complete and that the plan
 50    meets the qualifications stated in section  41-49234,  Idaho  Code,  he  shall
                                                                        
                                           20
                                                                        
  1    issue  and  deliver  a  certificate of registration in appropriate form to the
  2    applicant; otherwise, the director shall refuse to register the plan and shall
  3    give written notice of such refusal to  the  applicant,  stating  the  reasons
  4    therefor.
  5        (2)  All  procedures and policies concerning the grant or denial of regis-
  6    tration of the trust fund are subject to the provisions of chapter  52,  title
  7    67,  Idaho Code, as well as the rules of practice and procedure of the depart-
  8    ment of insurance.
                                                                        
  9        SECTION 31.  That Section 41-4930, Idaho Code, be, and the same is  hereby
 10    amended to read as follows:
                                                                        
 11        41-493027.  BYLAWS  OF  THE FUND. The manager of the state insurance fund,
 12    as trustee of the trust fund, board shall adopt original bylaws subject to the
 13    approval of the director, who shall grant his approval only after his determi-
 14    nation that the provisions in the bylaws are not inconsistent nor contrary  to
 15    the applicable provisions of title 41, Idaho Code, as amended in this chapter.
 16    These bylaws shall outline the organizational structure of the trust fund, its
 17    operational  methods of complying with the provisions of this chapter, includ-
 18    ing the deposit, custody, disbursement and accounting for the  moneys  in  the
 19    trust  fund,  fidelity  bonds,  if any, required of the administrator, and the
 20    manager of the state insurance fund as trustee of the trust fund who  is  also
 21    under  contract  to administer the operations of the trust fund, the essential
 22    elements of the managerial contract with the state insurance fund  administra-
 23    tor, the powers and duties of the administrator of the trust fund, the rights,
 24    privileges  and  responsibilities  of  insured  owners or operators of storage
 25    tanks, the manner in which annual and special meetings of  the  trustee  board
 26    shall  be  conducted, and such other matters as may be customary, necessary or
 27    convenient for the management and operation of the trust fund.
                                                                        
 28        SECTION 32.  That Section 41-4931, Idaho Code, be, and the same is  hereby
 29    amended to read as follows:
                                                                        
 30        41-493128.  RECORDS  AND  ACCOUNTS -- ANNUAL STATEMENT. (1) The manager of
 31    the state insurance fund, as trustee of the Idaho petroleum clean water  trust
 32    fund,  administrator  shall cause full and accurate records and accounts to be
 33    entered and maintained covering all financial transactions and affairs of  the
 34    trust fund.
 35        (2)  Within  sixty  (60)  days  after the close of each calendar year, the
 36    manager of the state insurance fund, as trustee, administrator shall  make  an
 37    annual  statement  in  writing  summarizing  the financial transactions of the
 38    trust fund for such prior calendar year and its financial condition at the end
 39    of such year in accordance with this chapter and generally accepted and appli-
 40    cable accounting principles. The statement shall otherwise be in the form pre-
 41    scribed and shall provide the information required  by  the  director  of  the
 42    department  of  insurance of the state of Idaho, and the financial information
 43    contained therein shall be certified by the accountant by whom  such  informa-
 44    tion was prepared and audited.
 45        (3)  On or before the expiration of such sixty (60) day period the manager
 46    of the state insurance fund, as trustee, administrator shall cause an original
 47    of  the annual statement to be filed with the director, and shall pay any fil-
 48    ing fee required by the director or  any other state agency  having  jurisdic-
 49    tion.  At  an  appropriate  time,  consistent  with the usual practices of the
 50    director, the director shall declare the annual statement to be  open  to  the
 51    scrutiny of all interested parties and the public in general.
                                                                        
                                           21
                                                                        
  1        SECTION  33.  That Section 41-4932, Idaho Code, be, and the same is hereby
  2    amended to read as follows:
                                                                        
  3        41-493229.  EXCLUSIVE MANAGEMENT CONTRACT WITH THE MANAGER  OF  THE  STATE
  4    INSURANCE  FUND ADMINISTRATOR -- MANDATORY PROVISIONS. (1) The management con-
  5    tract entered into between the manager of the state insurance fund as  trustee
  6    of  the  trust  fund  administrator  and  the  state  insurance fund, board as
  7    required in this chapter, shall not become effective unless  the  contract  is
  8    filed with and approved by the director. The contract shall be deemed approved
  9    unless  disapproved by the director within twenty (20) days after date of fil-
 10    ing, subject to such reasonable extension of time as the director may  require
 11    by  notice  given  within the twenty (20) day period. Any disapproval shall be
 12    delivered to the trustee administrator in writing, stating the grounds  there-
 13    for.
 14        (2)  Any such contract, or contract holder, shall provide that the manager
 15    of  the  state  insurance  fund, as trustee administrator shall, within ninety
 16    (90) days after expiration of each calendar year, furnish the director a writ-
 17    ten statement of amounts received under or on  account  of  the  contract  and
 18    amounts  expended  thereunder  during such calendar year, including the emolu-
 19    ments received therefrom by the principal management personnel  of  the  state
 20    insurance  fund administrator involved with the affairs of the trust fund, and
 21    with such classification of items and further detail as the director may  rea-
 22    sonably require.
 23        (3)  The director shall disapprove any such contract if he finds that it:
 24        (a)  Subjects the trust fund to unreasonable or excessive charges; or
 25        (b)  Does not contain fair and adequate standards of performance; or
 26        (c)  Contains  other inequitable provisions which impair the proper inter-
 27        ests of the owners or operators insured by the trust fund.
 28        (4)  The director may, after a hearing held thereon, withdraw his approval
 29    of any such contract theretofore approved by him, if he finds that  the  basis
 30    of his original approval no longer exists, or that the contract has, in actual
 31    operation,  shown  itself  to  be subject to disapproval on any of the grounds
 32    referred to in subsection (3) of this section.
                                                                        
 33        SECTION 34.  That Section 41-4933, Idaho Code, be, and the same is  hereby
 34    amended to read as follows:
                                                                        
 35        41-49330.  EXISTING INSURANCE LAWS TO APPLY TO THE TRUST FUND WITH CERTAIN
 36    EXCEPTIONS.  The trust fund shall comply with all of the applicable provisions
 37    of title 41, Idaho Code, with certain exceptions as follows:
 38        (1)  The creation of the trust fund by act of the legislature shall not be
 39    deemed to be an ownership, control or operation of an insurer by a  governmen-
 40    tal  entity,  as  referred  to  in section 41-309, Idaho Code, and the surplus
 41    funds of the trust fund shall be  considered  to  be  dedicated  and  held  in
 42    reserve  for  the purpose of providing funds for the payment of claims arising
 43    out of the discharge of petroleum products from tanks covered by a contract of
 44    insurance issued to the tank owner or operator by the trust fund  as  provided
 45    for  in  section  41-49056, Idaho Code. The absolute control of the trust fund
 46    shall be vested in the manager of the state insurance fund as trustee board.
 47        (2)  The provisions of this chapter shall be construed to be contained  in
 48    the document of organization and bylaws of the trust fund for purposes of sec-
 49    tions  41-319,  41-320  and 41-322, Idaho Code, and the director shall issue a
 50    certificate of registration to and in the name of  the  trust  fund  upon  his
 51    finding  that  it  has met all other appropriate provisions of the Idaho Code,
 52    including sections 41-313, 41-316 and 41-316A, Idaho Code.
                                                                        
                                           22
                                                                        
  1        (3)  Section 41-337, Idaho Code, shall not apply to contracts of insurance
  2    issued by the trust fund.
  3        (4)  Sections 41-1004 and 41-1022, Idaho Code, shall not apply to  employ-
  4    ees of the state insurance fund or the trust fund.
  5        (5)  Section  41-1103,  Idaho  Code,  shall  not apply to employees of the
  6    state insurance fund or the trust fund, provided the employees restrict  their
  7    claims  adjusting  and investigation operations only to those contracts issued
  8    by the trust fund.
  9        (6)  Except as otherwise provided in this chapter, chapter 28,  title  41,
 10    Idaho Code, and chapter 14, title 30, Idaho Code, shall not apply to the trust
 11    fund  nor  shall this trust fund be construed to be a domestic mutual insurer,
 12    nor a reciprocal insurer, nor any other type of insurer currently regulated by
 13    title 41, Idaho Code, and the only organizational requirements of  this  trust
 14    fund shall be those enumerated in this chapter.
                                                                        
 15        SECTION  35.  That Section 41-4934, Idaho Code, be, and the same is hereby
 16    amended to read as follows:
                                                                        
 17        41-49341.  TAXES. (1) The trust fund shall not be subject  to  chapter  4,
 18    title 41, Idaho Code, as it pertains to premium tax.
 19        (2)  The  state  of  Idaho  hereby  preempts the field of imposing excise,
 20    privilege, franchise, income, license and similar  taxes,  licenses  and  fees
 21    upon  the trust fund; and no county, city, municipality, district, school dis-
 22    trict, or other political subdivision or agency of Idaho shall levy upon  this
 23    trust fund any such tax, license or fee.
                                                                        
 24        SECTION  36.  That Section 41-4935, Idaho Code, be, and the same is hereby
 25    amended to read as follows:
                                                                        
 26        41-49352.  EXAMINATION OF BOOKS, RECORDS  AND  ACCOUNTS.  (1)  The  books,
 27    records,  accounts  and affairs of the trust fund shall be subject to examina-
 28    tion by the director by competent examiners duly authorized by him in writing,
 29    at such times or intervals as the director deems advisable.  The  purposes  of
 30    the examination shall be to determine compliance of the trust fund with appli-
 31    cable  laws, the financial condition and actuarial adequacy of the trust fund,
 32    and other factors materially related to the trust fund's management and opera-
 33    tion.
 34        (2)  The manager, as trustee, administrator shall make the books,  records
 35    and accounts of the trust fund available to the examiner and otherwise facili-
 36    tate the examination.
 37        (3)  The  examiner  shall  conduct the examination expeditiously, make his
 38    report of the examination in writing,  and  deliver  a  copy  thereof  to  the
 39    trustee administrator and the director. The manager, as trustee, administrator
 40    shall have two (2) weeks after receipt of the report within which to recommend
 41    to  the  director  such  corrections  or  changes  therein as the  manager, as
 42    trustee, administrator may deem appropriate. After making such corrections  or
 43    changes, if any, as he deems proper, the director shall file the report in his
 44    office as a document open to public inspection, and deliver to the manager, as
 45    trustee, administrator a copy of the report as so corrected or changed.
 46        (4)  At  the direction of the director, the costs of the examination shall
 47    be borne by the trust fund in accordance with section 41-228, Idaho Code.
                                                                        
 48        SECTION 37.  That Section 41-4936, Idaho Code, be, and the same is  hereby
 49    amended to read as follows:
                                                                        
                                           23
                                                                        
  1        41-49363.  TRUSTEE  -- ADMINISTRATOR -- FIDELITY BONDS. The manager of the
  2    state insurance fund as trustee  administrator  shall  cause  all  individuals
  3    handling  receipts  and  disbursements  for the trust fund to be bonded at all
  4    times under a fidelity bond issued by a surety insurer authorized to  transact
  5    such insurance in this state. The bond shall be in favor of the trust fund and
  6    for  such aggregate penalty amount, not less than twenty-five thousand dollars
  7    ($25,000), as the director may deem reasonably advisable in  relation  to  the
  8    amount  of funds to be so handled. The bond shall be noncancellable noncancel-
  9    able except upon not less than thirty (30) days advance notice in  writing  to
 10    the  manager, as trustee, administrator and the director. The cost of the bond
 11    shall be borne by the trust fund.
                                                                        
 12        SECTION 38.  That Section 41-4937, Idaho Code, be, and the same is  hereby
 13    amended to read as follows:
                                                                        
 14        41-49374.  PROHIBITED  PECUNIARY INTERESTS IN PLAN MANAGEMENT. (1) Neither
 15    the manager, as trustee, nor the administrator, nor any  other  person  having
 16    responsibility for the management of the trust fund or the investment or other
 17    handling of the trust fund moneys or assets shall:
 18        (a)  Receive  directly  or  indirectly or be pecuniarily interested in any
 19        fee, commission, compensation or emolument, other  than  salary  or  other
 20        similar  compensation  regularly  fixed and allowed for services regularly
 21        rendered to the trust fund, arising out of any transaction  to  which  the
 22        trust fund is or is to be a party;
 23        (b)  Receive  compensation  as  a  consultant to the trust fund while also
 24        acting as a trustee or administrator, or as an employee of either;
 25        (c)  Have any direct or indirect material pecuniary interest in  any  loan
 26        or investment of the trust fund.
 27        (2)  The director may, after reasonable notice and a hearing, prohibit the
 28    manager as the trustee administrator from employing or retaining or continuing
 29    to  employ  or  retain any person in the administration of the trust fund upon
 30    finding that such employment or retention involves a conflict of interest  not
 31    in  the  best interests of the trust fund or adversely affecting the interests
 32    of the owners or operators insured by the trust fund.
                                                                        
 33        SECTION 39.  That Section 41-4938, Idaho Code, be, and the same is  hereby
 34    amended to read as follows:
                                                                        
 35        41-49385.  POLITICAL  CONTRIBUTIONS  PROHIBITED.  The manager, as trustee,
 36    administrator shall not make or knowingly permit the making, directly or indi-
 37    rectly, of any political contribution by or from the trust fund.
                                                                        
 38        SECTION 40.  That Section 41-4939, Idaho Code, be, and the same is  hereby
 39    amended to read as follows:
                                                                        
 40        41-49396.  RECOVERY  OF  DEPLETED  FUNDS. If after notice and hearing, the
 41    director finds that the trust fund has been depleted by reason of any wrongful
 42    or negligent act or omission of the trustee board  or  any  other  person,  he
 43    shall  transmit  a copy of his findings to the attorney general of this state,
 44    who may bring an action in the name of the people of this state, or  intervene
 45    in  any action brought by or on behalf of an insured owner or operator for the
 46    recovery of the amount of such depletion, for the benefit of the trust fund.
                                                                        
 47        SECTION 41.  That Section 41-4940, Idaho Code, be, and the same is  hereby
 48    amended to read as follows:
                                                                        
                                           24
                                                                        
  1        41-494037.  IMPAIRED  TRUST  FUND. (1) If the assets of the trust fund are
  2    at any time insufficient to discharge its liabilities,  and  to  maintain  the
  3    required surplus, the administrator shall forthwith request authority from the
  4    director  to  make up the deficiency by borrowed surplus or other subordinated
  5    indebtedness.
  6        (2)  If the director finds that future estimated revenues from the  trans-
  7    fer  fees  imposed  under  section 41-49089, Idaho Code, are not sufficient to
  8    justify any borrowed surplus funds or other  subordinated  indebtedness,  then
  9    the  director  shall  request  the  administrator  to  submit a plan of action
 10    whereby priority is given to the payment of cleanup costs  of  petroleum  dis-
 11    charges  that  constitute  a  clear and present danger to persons or property,
 12    including discharges into underground or surface water that may seriously con-
 13    taminate the water used for domestic and commercial  use,  agricultural  prod-
 14    ucts,  livestock,  fish, game and other wildlife. Consideration shall be given
 15    in this plan of action to establishing a claim payment priority based  on  the
 16    severity  of  the  contamination, the possible endangerment of life and health
 17    including, but not limited to, possible toxic fumes, fire and  explosion  haz-
 18    ards,  economic impact, population density, and the need for immediate cleanup
 19    action versus action that can be delayed with only  minimal  adverse  effects.
 20    This   plan   of   action  shall  also  establish  similar  criteria  for  the
 21    prioritization of the payment of bodily injury and property damage claims.
 22        (3)  Upon receiving this plan of action, the director shall promptly  hold
 23    a  public  hearing  with  appropriate notice to determine any possible adverse
 24    effects of the plan of action on the owners or operators of insured tanks, the
 25    claimants and potential claimants, and the environment. After giving due  con-
 26    sideration  to the testimony of those parties affected by the proposed plan of
 27    action, the director shall either approve or disapprove the plan  in  writing,
 28    stating the reasons therefor, so that a plan of action that does meet with the
 29    director's approval can be placed into effect with due diligence and dispatch.
 30        (4)  Upon  receiving  the  director's  approval of the plan of action, the
 31    administrator shall promptly commence the prioritization  of  claims  and  pay
 32    such  valid  and compensable claims according to this priority as funds become
 33    available from collection of the transfer fees.
                                                                        
 34        SECTION 42.  That Section 41-4941, Idaho Code, be, and the same is  hereby
 35    amended to read as follows:
                                                                        
 36        41-494138.  LIQUIDATION  OF  TRUST  FUND.  (1) The annual tank application
 37    fees and transfer fees are perpetually appropriated as dedicated funds for the
 38    purposes of this chapter, and the trust fund shall remain in existence as long
 39    as the need exists for the trust  fund  to  insure  the  costs  of  corrective
 40    actions  and  the need exists for the trust fund to insure the legal liability
 41    of petroleum tank owners and operators as provided in this chapter.
 42        (2)  In the event other more appropriate means come into existence to pro-
 43    vide the insurance provided by the trust fund, then the trust  fund  shall  be
 44    liquidated according to the provisions of this section.
 45        (3)  Liquidation  shall  be conducted by the trustee board under a written
 46    plan of liquidation filed with and approved by the director. If  the  director
 47    finds  the  plan  to  be  fair and equitable to all persons having a pecuniary
 48    interest in the trust fund, he shall approve it. Any balance  remaining  after
 49    payment  or  adequate  provision for payment of all claims and charges against
 50    the trust fund has been made shall be disposed of in the manner  provided  for
 51    in the plan of liquidation. Unless under the plan of liquidation the liability
 52    for  all  unpaid  claims and obligations of the trust fund has been assumed by
 53    another financially responsible person or persons, the  existence  of  surplus
                                                                        
                                           25
                                                                        
  1    funds  for such disposition shall not be determined prior to the expiration of
  2    two (2) years after termination of the certificate of registration  issued  to
  3    the trust fund as provided in section 41-49330(2), Idaho Code.
  4        (4)  After  its  approval by the director, the plan of liquidation for the
  5    trust fund shall be binding upon all persons  pecuniarily  interested  in  the
  6    trust  fund.  Pending the effectuation of the plan of liquidation the director
  7    may impose such prohibitions or restrictions upon disbursement or use of trust
  8    fund moneys as the director deems advisable for the protection of  all  inter-
  9    ested persons.
 10        (5)  If the trust fund is then insolvent and a plan of liquidation thereof
 11    satisfactory  to  the director as being fair and equitable is not filed within
 12    sixty (60) days after the effective date of termination of the  plan's  regis-
 13    tration, or if liquidation of a solvent trust fund is not being carried out in
 14    accordance  with the plan of liquidation theretofore approved by the director,
 15    the director shall liquidate the trust fund under the applicable provisions of
 16    chapter 33, title 41, Idaho Code, and for this purpose the trust fund shall be
 17    deemed to be an insolvent domestic insurer.
 18        (6)  If after all indebtedness and other obligations of the trust fund are
 19    discharged to the satisfaction of the director and  the  trust  fund  is  dis-
 20    solved, its remaining assets, if any, shall inure to the benefit of the state.
                                                                        
 21        SECTION  43.  That Section 41-4942, Idaho Code, be, and the same is hereby
 22    amended to read as follows:
                                                                        
 23        41-494239.  VOUCHERS FOR EXPENDITURES. (1) The administrator of the  trust
 24    fund,  under  the direction of the manager, shall not make any disbursement of
 25    twenty-five dollars ($25.00) or more, unless evidenced by a voucher  or  other
 26    document  correctly describing the consideration for the payment and supported
 27    by a check or receipt endorsed or signed by or on behalf of the person receiv-
 28    ing the money.
 29        (2)  If the disbursement is for services and reimbursement, the voucher or
 30    other document, or some other writing referred to therein, shall describe  the
 31    services and itemize the expenditures.
 32        (3)  If  the  disbursement is in connection with any matter pending before
 33    any  legislature or public body or before any public official, the voucher  or
 34    other  document  shall also correctly describe the nature of the matter and of
 35    the trust fund's interest therein.
                                                                        
 36        SECTION 44.  That Section 41-4943, Idaho Code, be, and the same is  hereby
 37    amended to read as follows:
                                                                        
 38        41-49430.  BORROWED  SURPLUS  AND SUBORDINATED INDEBTEDNESS. (1) The trust
 39    fund may borrow money to defray the expenses of its organization,  provide  it
 40    with  surplus funds, or for any purpose of its business, upon a written agree-
 41    ment that such money is required to be repaid only out  of  the  trust  fund's
 42    surplus  in  excess  of the amount stipulated in such agreement. The agreement
 43    may provide for interest, which interest shall or shall not constitute a  lia-
 44    bility  of  the  insurer as to its funds other than such excess or surplus, as
 45    stipulated in the agreement. No commission or promotion expense shall be  paid
 46    in connection with any such loan.
 47        (2)  Money  so  borrowed, together with the interest thereon, if so stipu-
 48    lated in the agreement, shall not form a part of the fund's legal  liabilities
 49    except  as  to  its  surplus in excess of the amount thereof stipulated in the
 50    agreement, or be the basis of any setoff, but until repaid,  financial  state-
 51    ments  filed  or published by the insurer shall show as a footnote thereto the
                                                                        
                                           26
                                                                        
  1    amount thereof then unpaid together with  any  interest  thereon  accrued  but
  2    unpaid.
  3        (3)  Any  such  loan shall be subject to the approval of the director. The
  4    trust fund shall, in advance of the loan, file with the director  a  statement
  5    of the purpose of the loan and a copy of the proposed loan agreement. The loan
  6    and  agreement  shall be deemed approved unless within fifteen (15) days after
  7    the date of such filing, the trust fund is notified of the  director's  disap-
  8    proval  and  the  reasons therefor. The director shall disapprove any proposed
  9    loan or agreement if he finds the loan is unnecessary  or  excessive  for  the
 10    purpose  intended,  or  that  the terms of the loan agreement are not fair and
 11    equitable to the parties, and to other similar lenders, if any, to  the  trust
 12    fund, or that the information so filed by the trust fund is inadequate.
 13        (4)  Any  such loan to the trust fund or substantial portion thereof shall
 14    be repaid by the trust fund when no longer reasonably necessary for  the  pur-
 15    pose  originally  intended.  No  repayment of such a loan shall be made by the
 16    fund unless approved in advance by the director.
 17        (5)  In the event of liquidation, repayment of the balance of the borrowed
 18    funds and any accrued interest then due and owing shall be paid  only  out  of
 19    assets  remaining after the payment of all obligations and claims of owners or
 20    operators of petroleum tanks insured by the trust fund and general creditors.
 21        (6)  The provisions of this section shall not apply to loans  obtained  by
 22    the  trust  fund in ordinary course of business from banks and other financial
 23    institutions, nor to loans secured by pledge or mortgage of assets.
                                                                        
 24        SECTION 45.  That Section 41-4944, Idaho Code, be, and the same is  hereby
 25    amended to read as follows:
                                                                        
 26        41-49441.  PENALTIES.  (1)  Any person who willfully violates or causes or
 27    induces a violation of any provision of this chapter or  any  lawful  rule  or
 28    regulation  of  the director issued thereunder, shall be subject to penalty as
 29    provided in subsection (4) of this section.
 30        (2)  Any person who makes a false statement or representation of  a  mate-
 31    rial  fact, knowing it to be false, or who knowingly fails to disclose a mate-
 32    rial fact in any application, examination, or statement  required  under  this
 33    act  or by lawful rule or regulation of the director thereunder, shall be sub-
 34    ject to penalty as provided in subsection (4) of this section.
 35        (3)  Any person who makes a false entry in any book, record, statement, or
 36    report required in this chapter or lawful rule or regulation of  the  director
 37    thereunder  to be kept by him, with intent to injure or defraud the trust fund
 38    or any member thereof, or to deceive any one anyone authorized or entitled  to
 39    examine the affairs of the trust fund, shall be subject to penalty as provided
 40    in subsection (4) of this section.
 41        (4)  For each such violation, act or omission referred to in this section,
 42    unless  greater  penalty  is provided therefor under any other applicable law,
 43    the offender shall upon conviction thereof be subject to a fine  of  not  more
 44    than  one  thousand dollars ($1,000) and to imprisonment for not more than one
 45    (1) year, or to both such fine and imprisonment.
                                                                        
 46        SECTION 46.  That Section 41-4945, Idaho Code, be, and the same is  hereby
 47    amended to read as follows:
                                                                        
 48        41-49452.  RULES  AND  REGULATIONS -- DIRECTOR -- DEPARTMENT OF INSURANCE.
 49    (1) The director may make reasonable rules and regulations necessary as an aid
 50    to the effectuation of any provision of this chapter. No such rule or  regula-
 51    tion  shall  extend, modify or conflict with any provision of this chapter and
                                                                        
                                           27
                                                                        
  1    the reasonable implications thereof.
  2        (2)  Such rules, and regulations, or any amendment thereof, shall be  made
  3    by  the director only after a public hearing thereon of which the director has
  4    given written notice not less than thirty (30) days in advance to the  trustee
  5    board  of  the trust fund then registered with him. If reasonably possible the
  6    director shall include with the notice a copy of the proposed rules and  regu-
  7    lations or amendment, or a condensed summary of material proposed provisions.
  8        (3)  All  procedures  and  policies  concerning  the  promulgation of such
  9    rules, and regulations, or any amendment thereof, are subject  to  the  provi-
 10    sions  of chapter 52, title 67, Idaho Code, and the rules of practice and pro-
 11    cedure of the department of insurance.
                                                                        
 12        SECTION 47.  That Section 41-4946, Idaho Code, be, and the same is  hereby
 13    amended to read as follows:
                                                                        
 14        41-49463.  APPLICATION  OF  CHAPTER. All of the provisions of this chapter
 15    shall apply to and confer all rights, privileges,  exemptions  and  immunities
 16    upon the trust fund established for the purposes contemplated in this chapter,
 17    and  the  manager  as  trustee  administrator,  insured owners or operators of
 18    petroleum tanks, beneficiaries, and participants thereof.  The  provisions  of
 19    this  chapter  shall  not  apply to any railroad, railroad corporation, or any
 20    employee thereof when such employee is acting in the course of his  employment
 21    for any such railroad or railroad corporation.
                                                                        
 22        SECTION  48.  That Section 41-4947, Idaho Code, be, and the same is hereby
 23    amended to read as follows:
                                                                        
 24        41-49474.  INSURANCE. The coverage provided by the trust fund  established
 25    pursuant  to  this  chapter  shall be deemed insurance for the purposes of any
 26    requirements of the Idaho department of environmental quality  concerning  the
 27    financial responsibility of owners or operators of petroleum storage tanks.
                                                                        
 28        SECTION  49.  That Section 41-4948, Idaho Code, be, and the same is hereby
 29    repealed.
                                                                        
 30        SECTION 50.  That Chapter 49, Title 41, Idaho Code, be, and  the  same  is
 31    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 32    ignated as Section 41-4945, Idaho Code, and to read as follows:
                                                                        
 33        41-4945.  PERSONAL LIABILITY. The administrator shall not, nor  shall  any
 34    person employed by him, be personally liable in his private capacity for or on
 35    account  of any act performed or contract entered into in good faith and with-
 36    out the intent to defraud, in connection with the administration of  the  fund
 37    or affairs relating thereto.
                                                                        
 38        SECTION  51.  That  Chapter  49, Title 41, Idaho Code, be, and the same is
 39    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 40    ignated as Section 41-4946, Idaho Code, and to read as follows:
                                                                        
 41        41-4946.  ACTIONS  AGAINST THE FUND, ITS EMPLOYEES, AND ADMINISTRATOR SUB-
 42    JECT TO THE IDAHO TORT CLAIMS ACT. Any action against the fund, its employees,
 43    and the administrator shall be subject in full to the Idaho  tort  claims  act
 44    under chapter 9, title 6, Idaho Code.
                                                                        
 45        SECTION 52.  That Section 63-2427A, Idaho Code, be, and the same is hereby
                                                                        
                                           28
                                                                        
  1    amended to read as follows:
                                                                        
  2        63-2427A.  DISTRIBUTOR'S  LICENSE.  (1) It is unlawful for a person to act
  3    as a distributor without a license unless the person only purchases fuel which
  4    is either or both:
  5        (a)  Motor fuel on which any tax due under  this  chapter  has  previously
  6        been imposed upon a licensed distributor; or
  7        (b)  Dyed  fuel  upon  which the transfer fee imposed in section 41-49089,
  8        Idaho Code, has been imposed upon a licensed distributor.
  9        (2)  Application for a license shall be made upon forms furnished and in a
 10    manner prescribed by the commission and shall contain information as it  deems
 11    necessary,  and  be  accompanied  by  a bond in the amount required in section
 12    63-2428, Idaho Code.
 13        (3)  Upon receipt of the application and bond in proper form  the  commis-
 14    sion  shall  issue  the applicant a license to act as a distributor unless the
 15    applicant:
 16        (a)  Is a person who formerly held a license under the provisions of  this
 17        chapter,  any  predecessor  statute, under the laws of any other jurisdic-
 18        tion, or under the laws of the United States which license, prior  to  the
 19        time  of  filing  this application, had been revoked for cause within five
 20        (5) years from the date of such application; or
 21        (b)  Is a person who has outstanding fuel tax liabilities to  this  state,
 22        any other jurisdiction or the United States government; or
 23        (c)  Is  a  person  who  has  been convicted, under the laws of the United
 24        States or any state or jurisdiction or subdivision thereof, of fraud,  tax
 25        evasion, or a violation of the laws governing the reporting and payment of
 26        fees  or  taxes for petroleum products within five (5) years from the date
 27        of making such application; or
 28        (d)  Is a person who has been convicted of a  felony  or  been  granted  a
 29        withheld  judgment  following  an adjudication of guilt of a felony within
 30        five (5) years from the date of such application; or
 31        (e)  Who is not the real party in interest and the real party in  interest
 32        is  a  person  described in subsection (3)(a), (3)(b), (3)(c) or (3)(d) of
 33        this section.
 34        (4)  Upon approval of the application the distributor's license  shall  be
 35    valid  until it is suspended or revoked for cause, for failure to maintain the
 36    bond required in section 63-2428, Idaho Code,  for  failure  to  file  returns
 37    required  in  this  chapter,  for failure to pay all taxes and fees due with a
 38    return required in this chapter, or is otherwise canceled.
 39        (5)  No distributor's license shall be transferable.
 40        (6)  The commission shall furnish each licensed distributor with a list of
 41    all distributors licensed pursuant to this section. The list shall be  supple-
 42    mented by the commission from time to time to reflect additions and deletions.
                                                                        
 43        SECTION 53.  That Section 63-2427B, Idaho Code, be, and the same is hereby
 44    amended to read as follows:
                                                                        
 45        63-2427B.  LICENSED GASEOUS FUELS DISTRIBUTORS -- REPORTS. (1)  In lieu of
 46    the  distributor's  license required by section 63-2427A, Idaho Code, the com-
 47    mission may issue a gaseous fuels distributor's license to a  distributor  who
 48    applies  for  the  license  and  who does not deal in fuel, other than gaseous
 49    fuels, except fuel which is either:
 50        (a)  Motor fuel on which any tax due under  this  chapter  has  previously
 51        been imposed upon a licensed distributor; or
 52        (b)  Dyed  fuel  upon  which the transfer fee imposed in section 41-49089,
                                                                        
                                           29
                                                                        
  1        Idaho Code, has been imposed upon a licensed distributor.
  2        (2)  Licensed gaseous fuels distributors shall, not later  than  the  last
  3    day  of  each calendar month or for such other reporting period as the commis-
  4    sion may authorize, render to the commission an accurate report of all gaseous
  5    fuels that are subject to tax under this chapter during the preceding  report-
  6    ing  period.  The  report shall be made in the manner and on forms required by
  7    the commission and shall include such other information as the commission  may
  8    require for the proper administration of this chapter.

Statement of Purpose / Fiscal Impact


                      STATEMENT OF PURPOSE
                                
                            RS 12440
                                

The purpose of this legislation is to amend Title 41, Chapter 49 of
the Idaho Code, the Petroleum Clean Water Trust Fund Act, to
provide for an independent board of individuals knowledgeable and
experienced in the industry, and to update outdated language.

RS12440 creates a seven-member board of trustees including
legislators, industry representatives who participate in the trust
fund, and insurance and environmental remediation specialists. 
Trustees are appointed by the governor.

The duty of the board is to "direct policies and operation of the
fund to assure that it is run as an efficient insurance company,
remains actuarially sound, and maintains the public purposes for
which the Idaho petroleum clean water trust fund was created."  

RS12440 also updates Chapter 49 to remove language related to the
start-up of the trust fund.

                         FISCAL IMPACT
There is no fiscal impact to the General Fund or other state funds.

Contact:  Suzanne Budge Schaefer
          Idaho Petroleum Marketers & Convenience Store Association 
          345-6632

STATEMENT OF PURPOSE/FISCAL NOTE                       H 13