2005 Legislation
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HOUSE BILL NO. 122 – Liquefied petroleum gas dealers

HOUSE BILL NO. 122

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Bill Status



H0122aaS........................................................by BUSINESS
LIQUEFIED PETROLEUM GAS DEALERS - Adds to and amends existing law to
provide for licensing liquefied petroleum gas dealers and facilities; to
create the Idaho Liquefied Petroleum Gas Safety Board; to provide powers
and duties of the board; to provide for the denial and issuance of
licenses; to provide for the classification of licenses; to provide for the
form of a license, records, fees and payment of costs and expenses; to
provide for nontransferal of licenses; to provide for revocation or
suspension of a license and procedures for disciplinary proceedings; to
provide for violations and penalties; to specify the duty of the
prosecuting attorneys and the Attorney General of the State of Idaho; to
provide that the Department of Self-Governing Agencies shall include the
Idaho Liquefied Petroleum Safety Board; and to provide that the Bureau of
Occupational Licenses is empowered to provide services for the Idaho
Liquefied Petroleum Safety Board.
                                                                        
02/04    House intro - 1st rdg - to printing
02/07    Rpt prt - to Bus
02/16    Rpt out - rec d/p - to 2nd rdg
02/17    2nd rdg - to 3rd rdg
02/22    3rd rdg - PASSED - 59-11-0
      AYES -- Anderson, Andrus, Barraclough, Bastian, Bayer, Bedke, Bell,
      Bilbao, Black, Block, Boe, Bolz, Bradford, Cannon, Chadderdon, Clark,
      Collins, Deal, Denney, Edmunson, Ellsworth, Eskridge, Field(18),
      Field(23), Garrett, Harwood, Henbest, Henderson, Jaquet, Jones, Kemp,
      Lake, Loertscher, Martinez, Mathews, McGeachin, Miller, Mitchell,
      Nielsen, Nonini, Pasley-Stuart, Pence, Raybould, Ring, Roberts,
      Rusche, Rydalch, Sayler, Shepherd(2), Shirley, Skippen, Smith(30),
      Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Mr. Speaker
      NAYS -- Barrett, Crow, Hart, LeFavour, McKague, Moyle, Ringo, Sali,
      Schaefer, Shepherd(8), Wood
      Absent and excused -- None
    Floor Sponsor - Black
    Title apvd - to Senate
02/23    Senate intro - 1st rdg - to Com/HuRes
03/02    Rpt out - to 14th Ord
03/04    Rpt out amen - to 1st rdg as amen
03/07    1st rdg - to 2nd rdg as amen
03/08    2nd rdg - to 3rd rdg as amen
03/10    3rd rdg as amen - PASSED - 25-5-4, 1 vacancy
      AYES -- Andreason, Broadsword, Bunderson, Burkett, Cameron, Coiner,
      Compton, Corder, Darrington, Davis, Geddes, Goedde, Jorgenson, Kelly,
      Keough, Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie,
      Stennett, Sweet, Werk
      NAYS -- Brandt, Burtenshaw, Richardson, Schroeder, Williams
      Absent and excused -- Gannon, Hill, Pearce, Stegner, (District 21
      seat vacant)
    Floor Sponsor - President Pro Tempore Geddes
    Title apvd - to House
03/11    House concurred in Senate amens - to engros
03/14    Rpt engros - 1st rdg - to 2nd rdg as amen
03/15    2nd rdg - to 3rd rdg as amen
03/16    3rd rdg as amen - PASSED - 62-6-2
      AYES -- Anderson, Andrus, Barraclough, Bastian, Bayer, Bedke, Bell,
      Bilbao, Black, Block, Boe, Bolz, Bradford, Cannon, Chadderdon, Clark,
      Collins, Deal, Denney, Edmunson, Ellsworth, Eskridge, Field(18),
      Field(23), Garrett, Hart(Jacobson), Henbest, Henderson, Jaquet,
      Jones, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews, Miller,
      Mitchell, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould, Ring,
      Ringo, Roberts, Rusche, Rydalch, Sayler, Schaefer, Shepherd(2),
      Shepherd(8), Shirley, Skippen, Smith(30), Smith(24), Smylie,
      Snodgrass, Stevenson, Trail, Wills, Mr. Speaker
      NAYS -- Barrett, Harwood, McGeachin, McKague, Moyle, Sali
      Absent and excused -- Crow, Wood
    Floor Sponsor - Black
    Title apvd - to enrol
03/17    Rpt enrol - Sp signed
03/18    Pres signed
03/21    To Governor
03/23    Governor signed
         Session Law Chapter 143
         Effective: 07/01/05

Bill Text


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

Amendment


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                                                     Moved by    Coiner              
                                                                        
                                                     Seconded by Werk                
                                                                        
                                                                        
                                       IN THE SENATE
                              SENATE AMENDMENT TO H.B. NO. 122
                                                                        
  1                                AMENDMENT TO SECTION 1
  2        On page 8 of the printed bill, delete lines 26 through 34.
                                                                        
  3                                 CORRECTION TO TITLE
  4        On page 1, delete lines 16 and 17 and insert:  "ATTORNEY  GENERAL  OF  THE
  5    STATE  OF  IDAHO;  AMENDING  SECTION  67-2601, IDAHO CODE, TO PROVIDE THAT THE
  6    DEPARTMENT".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


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

Statement of Purpose / Fiscal Impact


                        STATEMENT OF PURPOSE
                                
                            RS 14798

The purpose of this legislation is to close a gap in regulatory
framework for the distribution and handling of liquefied propane gas. 
The legislation amends Title 54, governing professions, vocations, and
businesses, to add chapter 51, the Idaho Liquefied Petroleum Gas
Public Safety Act. 

The purpose of the act is  "protect the public health, safety and
welfare" by requiring liquefied petroleum gas dealers to meet
educational, experience, and examination qualifications, and to be
licensed. Liquefied petroleum gas facilities are also required to be
licensed under the chapter.  The legislation does exempt from its
provisions the petroleum industry, persons dispensing LPG into
portable containers, and facilities that sell or exchange portable
containers possessing LPG. 

The legislation creates a five-member board made up of individuals
with expertise and experience in the propane industry, in rural and
city fire departments, and a member of the public.  The board will
operate as a self-governing agency under the bureau of occupational
licenses.

The legislation enhances the public safety of Idaho citizens by
relying upon current nationally-recognized codes and existing
educational requirements governing propane storage and handling, and
provides for a consistent statewide regulatory framework.  The act is
similar to statutes in other states in the west, including Nevada,
Utah and New Mexico.

Propane is a rapidly-growing energy source in Idaho, largely in rural,
unincorporated areas which may lack the consistency or expertise
needed to ensure the protection of public safety, as it relates to
propane.  


                          FISCAL NOTE
                                
There is no fiscal impact to the general fund, or to other state or
local funds.
     

Contact:  Suzanne Budge Schaefer 
          345-6632


STATEMENT OF PURPOSE/FISCAL NOTE                          H 122