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H0413......................................................by STATE AFFAIRS
CODIFIER CORRECTIONS - Amends existing law to "clean up" various code
sections and subsections by renumbering those code sections or subsections
that were redesignated by the compiler of the Idaho Code as a result of
multiple amendments to code sections prior to the 2006 legislative session;
and to correct typographical errors.
01/19 House intro - 1st rdg - to printing
01/20 Rpt prt - to St Aff
01/31 Rpt out - rec d/p - to 2nd rdg
02/01 2nd rdg - to 3rd rdg
02/02 3rd rdg - PASSED - 66-0-4
AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
Bedke, Bell, Bilbao, Boe, Bolz, Brackett, Cannon, Chadderdon, Clark,
Collins, Crow, Deal, Denney, Edmunson, Ellsworth, Eskridge,
Field(18), Field(23), Garrett, Hart, Harwood, Henbest(Bock),
Henderson, Jaquet, Kemp, LeFavour, Loertscher, Martinez, Mathews,
McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen, Nonini,
Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche,
Rydalch, Sali, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley,
Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail,
Wills, Wood, Mr. Speaker
NAYS -- None
Absent and excused -- Black, Block, Bradford, Lake
Floor Sponsor - Bilbao
Title apvd - to Senate
02/03 Senate intro - 1st rdg - to St Aff
02/09 Rpt out - rec d/p - to 2nd rdg
02/10 2nd rdg - to 3rd rdg
02/24 3rd rdg - PASSED - 35-0-0
AYES -- Andreason, Brandt(Harper), Broadsword, Bunderson, Burkett,
Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough,
Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce,
Richardson, Schroeder, Stegner, Stennett, Sweet, Werk, Williams
NAYS -- None
Absent and excused -- None
Floor Sponsor - McKenzie
Title apvd - to House
02/27 To enrol
02/28 Rpt enrol - Sp signed
03/01 Pres signed
03/02 To Governor
03/08 Governor signed
Session Law Chapter 16
Effective: 07/01/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 413
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO CODIFIER'S CORRECTIONS IN STATUTES; AMENDING SECTION 9-340D, IDAHO
3 CODE, TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 16-1629, IDAHO
4 CODE, TO MAKE TECHNICAL CORRECTIONS; AMENDING THE HEADING FOR CHAPTER 3,
5 TITLE 20, IDAHO CODE; AMENDING SECTION 33-5203, IDAHO CODE, TO MAKE TECH-
6 NICAL CORRECTIONS; AMENDING SECTION 47-1506, IDAHO CODE, TO PROVIDE A COR-
7 RECT CODE REFERENCE; AMENDING SECTION 49-416C, IDAHO CODE, TO PROVIDE A
8 CORRECT CODE REFERENCE; AMENDING THE HEADING FOR CHAPTER 51, TITLE 54,
9 IDAHO CODE, AS ADDED BY SECTION 1, CHAPTER 143, LAWS OF 2005, TO REDESIG-
10 NATE THE CHAPTER; AMENDING SECTION 54-5101, IDAHO CODE, AS ADDED BY SEC-
11 TION 1, CHAPTER 143, LAWS OF 2005, TO REDESIGNATE THE SECTION; AMENDING
12 SECTION 54-5102, IDAHO CODE, AS ADDED BY SECTION 1, CHAPTER 143, LAWS OF
13 2005, TO REDESIGNATE THE SECTION; AMENDING SECTION 54-5103, IDAHO CODE, AS
14 ADDED BY SECTION 1, CHAPTER 143, LAWS OF 2005, TO REDESIGNATE THE SECTION;
15 AMENDING SECTION 54-5104, IDAHO CODE, AS ADDED BY SECTION 1, CHAPTER 143,
16 LAWS OF 2005, TO REDESIGNATE THE SECTION; AMENDING SECTION 54-5105, IDAHO
17 CODE, AS ADDED BY SECTION 1, CHAPTER 143, LAWS OF 2005, TO REDESIGNATE
18 THE SECTION; AMENDING SECTION 54-5106, IDAHO CODE, AS ADDED BY SECTION 1,
19 CHAPTER 143, LAWS OF 2005, TO REDESIGNATE THE SECTION; AMENDING SECTION
20 54-5107, IDAHO CODE, AS ADDED BY SECTION 1, CHAPTER 143, LAWS OF 2005, TO
21 REDESIGNATE THE SECTION; AMENDING SECTION 54-5108, IDAHO CODE, AS ADDED BY
22 SECTION 1, CHAPTER 143, LAWS OF 2005, TO REDESIGNATE THE SECTION; AMENDING
23 SECTION 54-5109, IDAHO CODE, AS ADDED BY SECTION 1, CHAPTER 143, LAWS OF
24 2005, TO REDESIGNATE THE SECTION; AMENDING SECTION 54-5110, IDAHO CODE, AS
25 ADDED BY SECTION 1, CHAPTER 143, LAWS OF 2005, TO REDESIGNATE THE SECTION;
26 AMENDING SECTION 54-5111, IDAHO CODE, AS ADDED BY SECTION 1, CHAPTER 143,
27 LAWS OF 2005, TO REDESIGNATE THE SECTION AND TO PROVIDE CORRECT CODE REF-
28 ERENCES; AMENDING SECTION 54-5112, IDAHO CODE, AS ADDED BY SECTION 1,
29 CHAPTER 143, LAWS OF 2005, TO REDESIGNATE THE SECTION; AMENDING SECTION
30 54-5113, IDAHO CODE, AS ADDED BY SECTION 1, CHAPTER 143, LAWS OF 2005, TO
31 REDESIGNATE THE SECTION; AMENDING SECTION 54-5114, IDAHO CODE, AS ADDED BY
32 SECTION 1, CHAPTER 143, LAWS OF 2005, TO REDESIGNATE THE SECTION; AMENDING
33 SECTION 54-5115, IDAHO CODE, AS ADDED BY SECTION 1, CHAPTER 143, LAWS OF
34 2005, TO REDESIGNATE THE SECTION; AMENDING SECTION 54-5116, IDAHO CODE, AS
35 ADDED BY SECTION 1, CHAPTER 143, LAWS OF 2005, TO REDESIGNATE THE SECTION;
36 AMENDING SECTION 54-5117, IDAHO CODE, AS ADDED BY SECTION 1, CHAPTER 143,
37 LAWS OF 2005, TO REDESIGNATE THE SECTION AND TO CORRECT A TYPOGRAPHICAL
38 ERROR; AMENDING SECTION 63-602HH, IDAHO CODE, AS ADDED BY SECTION 1, CHAP-
39 TER 279, LAWS OF 2005, TO REDESIGNATE THE SECTION; AMENDING SECTION
40 67-2601, IDAHO CODE, TO PROVIDE A CORRECT CODE REFERENCE; AMENDING THE
41 HEADING FOR CHAPTER 56, TITLE 67, IDAHO CODE; AMENDING SECTION 67-7702,
42 IDAHO CODE, TO MAKE TECHNICAL CORRECTIONS; AND AMENDING SECTION 72-311,
43 IDAHO CODE, TO CORRECT A TYPOGRAPHICAL ERROR AND TO MAKE TECHNICAL CORREC-
44 TIONS.
45 Be It Enacted by the Legislature of the State of Idaho:
2
1 SECTION 1. That Section 9-340D, Idaho Code, be, and the same is hereby
2 amended to read as follows:
3 9-340D. RECORDS EXEMPT FROM DISCLOSURE -- TRADE SECRETS, PRODUCTION
4 RECORDS, APPRAISALS, BIDS, PROPRIETARY INFORMATION. The following records are
5 exempt from disclosure:
6 (1) Trade secrets including those contained in response to public agency
7 or independent public body corporate and politic requests for proposal,
8 requests for clarification, requests for information and similar requests.
9 "Trade secrets" as used in this section means information, including a for-
10 mula, pattern, compilation, program, computer program, device, method, tech-
11 nique, process, or unpublished or in progress research that:
12 (a) Derives independent economic value, actual or potential, from not
13 being generally known to, and not being readily ascertainable by proper
14 means by other persons who can obtain economic value from its disclosure
15 or use; and
16 (b) Is the subject of efforts that are reasonable under the circumstances
17 to maintain its secrecy.
18 (2) Production records, housing production, rental and financing records,
19 sale or purchase records, catch records, mortgage portfolio loan documents, or
20 similar business records of a private concern or enterprise required by law to
21 be submitted to or inspected by a public agency or submitted to or otherwise
22 obtained by an independent public body corporate and politic. Nothing in this
23 subsection shall limit the use which can be made of such information for regu-
24 latory purposes or its admissibility in any enforcement proceeding.
25 (3) Records relating to the appraisal of real property, timber or mineral
26 rights prior to its acquisition, sale or lease by a public agency or indepen-
27 dent public body corporate and politic.
28 (4) Any estimate prepared by a public agency or independent public body
29 corporate and politic that details the cost of a public project until such
30 time as disclosed or bids are opened, or upon award of the contract for con-
31 struction of the public project.
32 (5) Examination, operating or condition reports and all documents relat-
33 ing thereto, prepared by or supplied to any public agency or independent pub-
34 lic body corporate and politic responsible for the regulation or supervision
35 of financial institutions including, but not limited to, banks, savings and
36 loan associations, regulated lenders, business and industrial development cor-
37 porations, credit unions, and insurance companies, or for the regulation or
38 supervision of the issuance of securities.
39 (6) Records gathered by a local agency or the Idaho department of com-
40 merce, as described in chapter 47, title 67, Idaho Code, for the specific pur-
41 pose of assisting a person to locate, maintain, invest in, or expand business
42 operations in the state of Idaho.
43 (7) Shipping and marketing records of commodity commissions used to eval-
44 uate marketing and advertising strategies and the names and addresses of grow-
45 ers and shippers maintained by commodity commissions.
46 (8) Financial statements and business information and reports submitted
47 by a legal entity to a port district organized under title 70, Idaho Code, in
48 connection with a business agreement, or with a development proposal or with a
49 financing application for any industrial, manufacturing, or other business
50 activity within a port district.
51 (9) Names and addresses of seed companies, seed crop growers, seed crop
52 consignees, locations of seed crop fields, variety name and acreage by vari-
53 ety. Upon the request of the owner of the proprietary variety, this informa-
54 tion shall be released to the owner. Provided however, that if a seed crop has
3
1 been identified as diseased or has been otherwise identified by the Idaho
2 department of agriculture, other state departments of agriculture, or the
3 United States department of agriculture to represent a threat to that particu-
4 lar seed or commercial crop industry or to individual growers, information as
5 to test results, location, acreage involved and disease symptoms of that par-
6 ticular seed crop, for that growing season, shall be available for public
7 inspection and copying. This exemption shall not supersede the provisions of
8 section 22-436, Idaho Code.
9 (10) Information obtained from books, records and accounts required in
10 chapter 47, title 22, Idaho Code, to be maintained by the Idaho canola and
11 rapeseed commission and pertaining to the individual production records of ca-
12 nola or rapeseed growers.
13 (11) Records of any risk retention or self-insurance program prepared in
14 anticipation of litigation or for analysis of or settlement of potential or
15 actual money damage claims against a public entity and its employees or
16 against the industrial special indemnity fund except as otherwise discoverable
17 under the Idaho or federal rules of civil procedure. These records shall
18 include, but are not limited to, claims evaluations, investigatory records,
19 computerized reports of losses, case reserves, internal documents and corre-
20 spondence relating thereto. At the time any claim is concluded, only statisti-
21 cal data and actual amounts paid in settlement shall be deemed a public record
22 unless otherwise ordered to be sealed by a court of competent jurisdiction.
23 Provided however, nothing in this subsection is intended to limit the attorney
24 client privilege or attorney work product privilege otherwise available to any
25 public agency or independent public body corporate and politic.
26 (12) Records of laboratory test results provided by or retained by the
27 Idaho food quality assurance laboratory. Nothing in this subsection shall
28 limit the use which can be made, or availability of such information if used,
29 for regulatory purposes or its admissibility in any enforcement proceeding.
30 (13) Reports required to be filed under chapter 13, title 62, Idaho Code,
31 identifying electrical or natural or manufactured gas consumption data for an
32 individual customer or account.
33 (14) Voluntarily prepared environmental audits, and voluntary disclosures
34 of information submitted on or before December 31, 1997, to an environmental
35 agency as defined in section 9-803, Idaho Code, which are claimed to be confi-
36 dential business information.
37 (15) Computer programs developed or purchased by or for any public agency
38 or independent public body corporate and politic for its own use. As used in
39 this subsection, "computer program" means a series of instructions or state-
40 ments which permit the functioning of a computer system in a manner designed
41 to provide storage, retrieval and manipulation of data from the computer sys-
42 tem, and any associated documentation and source material that explain how to
43 operate the computer program. Computer program does not include:
44 (a) The original data including, but not limited to, numbers, text,
45 voice, graphics and images;
46 (b) Analysis, compilation and other manipulated forms of the original
47 data produced by use of the program; or
48 (c) The mathematical or statistical formulas that would be used if the
49 manipulated forms of the original data were to be produced manually.
50 (16) Active investigative records and trademark usage audits of the Idaho
51 potato commission specifically relating to the enforcement of chapter 12,
52 title 22, Idaho Code, until the commencement of formal proceedings as provided
53 by rules of the commission; purchase and sales information submitted to the
54 Idaho potato commission during a trademark usage audit, and investigation or
55 enforcement proceedings. Inactive investigatory records shall be disclosed
4
1 unless the disclosure would violate the standards set forth in subsections
2 (1)(a) through (f) of section 9-335, Idaho Code. Nothing in this subsection
3 shall limit the use which can be made, or availability of such information if
4 used, for regulatory purposes or its admissibility in any enforcement proceed-
5 ing.
6 (17) All records copied or obtained by the director of the department of
7 agriculture or his designee as a result of an inspection pursuant to section
8 25-3806, Idaho Code, except:
9 (a) Records otherwise deemed to be public records not exempt from disclo-
10 sure pursuant to this chapter; and
11 (b) Inspection reports, determinations of compliance or noncompliance and
12 all other records created by the director or his designee pursuant to sec-
13 tion 25-3806, Idaho Code.
14 (18) All data and information collected by the division of animal indus-
15 tries or the state brand board pursuant to the provisions of section 25-207B,
16 Idaho Code, or rules promulgated thereunder.
17 (19) Records disclosed to a county official by the state tax commission
18 pursuant to subsection (4)(c) of section 63-3029B, Idaho Code.
19 (20) Records, data, information and materials collected, developed, gener-
20 ated, ascertained or discovered during the course of academic research at pub-
21 lic institutions of higher education if the disclosure of such could reason-
22 ably affect the conduct or outcome of the research, or the ability of the pub-
23 lic institution of higher education to patent or copyright the research or
24 protect intellectual property.
25 (21) Records, data, information and materials collected or utilized during
26 the course of academic research at public institutions of higher education
27 provided by any person or entity other than the public institution of higher
28 education or a public agency.
29 (22) The exemptions from disclosure provided in subsections (20) and (21)
30 of this section shall apply only until the academic research is publicly
31 released, copyrighted or patented, or until the academic research is completed
32 or terminated. At such time, the records, data, information, and materials
33 shall be subject to public disclosure unless: (a) another exemption in this
34 chapter applies; (b) such information was provided to the institution subject
35 to a written agreement of confidentiality; or (c) public disclosure would pose
36 a danger to persons or property.
37 (23) The exemptions from disclosure provided in subsections (20) and (21)
38 of this section do not include basic information about a particular research
39 project that is otherwise subject to public disclosure, such as the nature of
40 the academic research, the name of the researcher, and the amount and source
41 of the funding provided for the project.
42 (204) Records of a county assessor containing information showing the
43 income and expenses of a taxpayer, which information was provided to the
44 assessor by the taxpayer to permit the assessor to determine the value of
45 property of the taxpayer.
46 SECTION 2. That Section 16-1629, Idaho Code, be, and the same is hereby
47 amended to read as follows:
48 16-1629. POWERS AND DUTIES OF THE DEPARTMENT. The department, working in
49 conjunction with the court and other public and private agencies and persons,
50 shall have the primary responsibility to implement the purpose of this chap-
51 ter. To this end, the department is empowered and shall have the duty to do
52 all things reasonably necessary to carry out the purpose of this chapter,
53 including, but not limited to, the following:
5
1 (1) The department shall administer treatment programs for the protection
2 and care of neglected, abused and abandoned children, and in so doing may
3 place in foster care, shelter care, or other diagnostic, treatment, or care
4 centers or facilities, children of whom it has been given custody. The depart-
5 ment is to be governed by the standards found in chapter 12, title 39, Idaho
6 Code.
7 (2) On December 1, the department shall make an annual statistical report
8 to the governor covering the preceding fiscal year showing the number and sta-
9 tus of persons in its custody and including such other data as will provide
10 sufficient facts for sound planning in the conservation of children and youth.
11 All officials and employees of the state and of every county and city shall
12 furnish the department upon request, such information within their knowledge
13 and control as the department deems necessary. Local agencies shall report in
14 such uniform format as may be required by the department.
15 (3) The department shall be required to maintain a central registry for
16 the reporting of child neglect, abuse and abandonment information. Provided
17 however, that the department shall not retain any information for this purpose
18 relating to a child, or parent of a child, abandoned pursuant to chapter 82,
19 title 39, Idaho Code.
20 (4) The department shall make periodic evaluation of all persons in its
21 custody or under its supervision for the purpose of determining whether exist-
22 ing orders and dispositions in individual cases shall be modified or continued
23 in force. Evaluations may be made as frequently as the department considers
24 desirable and shall be made with respect to every person at intervals not
25 exceeding six (6) months. Reports of evaluation made pursuant to this section
26 shall be filed with the court which vested custody of the person with the
27 department. Reports of evaluation shall be provided to persons having full or
28 partial legal or physical custody of a child. Failure of the department to
29 evaluate a person or to reevaluate him within six (6) months of a previous
30 examination shall not of itself entitle the person to a change in disposition
31 but shall entitle him, his parent, guardian or custodian or his counsel to
32 petition the court pursuant to section 16-1622, Idaho Code.
33 (5) In a consultive capacity, the department shall assist communities in
34 the development of constructive programs for the protection, prevention and
35 care of children and youth.
36 (6) The department shall keep written records of investigations, evalua-
37 tions, prognoses and all orders concerning disposition or treatment of every
38 person over whom it has legal custody. Department records shall be subject to
39 disclosure according to chapter 3, title 9, Idaho Code, unless otherwise
40 ordered by the court, the person consents to the disclosure, or disclosure is
41 necessary for the delivery of services to the person. Notwithstanding the pro-
42 visions restricting disclosure or the exemptions from disclosure provided in
43 chapter 3, title 9, Idaho Code, all records pertaining to investigations, the
44 rehabilitation of youth, the protection of children, evaluation, treatment
45 and/or disposition records pertaining to the statutory responsibilities of the
46 department shall be disclosed to any duly elected state official carrying out
47 his official functions.
48 (7) The department shall establish appropriate administrative procedures
49 for the processing of complaints of child neglect, abuse and abandonment
50 received and for the implementation of the protection, treatment and care of
51 children formally or informally placed in the custody of the department under
52 this chapter including, but not limited to:
53 (1a) Department employees whose job duties are related to the child pro-
54 tective services system under this chapter shall first be trained as to
55 their obligations under this chapter regarding the protection of children
6
1 whose health and safety may be endangered. The curriculum shall include
2 information regarding their legal duties, how to conduct their work in
3 conformity with the requirements of this chapter, information regarding
4 applicable federal and state laws with regard to the rights of the child,
5 parent and others who may be under investigation under the child protec-
6 tive services system, and the applicable legal and constitutional parame-
7 ters within which they are to conduct their work.
8 (2b) Department employees whose job duties are related to the child pro-
9 tective services system shall advise the individual of the complaints or
10 allegations made against the individual at the time of the initial con-
11 tact, consistent with protecting the identity of the referrant.
12 (8) The department having been granted legal custody of a child, subject
13 to the judicial review provisions of this subsection, shall have the right to
14 determine where and with whom the child shall live, provided that the child
15 shall not be placed outside the state without the court's consent. Provided
16 however, that the court shall retain jurisdiction over the child, which juris-
17 diction shall be entered on any order or petition granting legal custody to
18 the department, and the court shall have jurisdiction over all matters relat-
19 ing to the child. The department shall not place the child in the home from
20 which the court ordered the child removed without first obtaining the approval
21 of the court.
22 (9) The department shall give to the court any information concerning the
23 child that the court may at any time require, but in any event shall report
24 the progress of the child under its custody at intervals of not to exceed six
25 (6) months. The department shall file with the court at least five (5) days
26 prior to the permanency hearing under section 16-1622, Idaho Code, the perma-
27 nency plan and recommendations of the department. There shall be a rebuttable
28 presumption that if a child is placed in the custody of the department and was
29 also placed in out of the home care for a period not less than fifteen (15)
30 out of the last twenty-two (22) months from the date the child entered shelter
31 care, the department shall initiate a petition for termination of parental
32 rights. This presumption may be rebutted by a finding of the court that the
33 filing of a petition for termination of parental rights would not be in the
34 best interests of the child or reasonable efforts have not been provided to
35 reunite the child with his family, or the child is placed permanently with a
36 relative.
37 (10) The department shall establish appropriate administrative procedures
38 for the conduct of administrative reviews and hearings as required by federal
39 statute for all children committed to the department and placed in out of the
40 home care.
41 (11) At any time the department is considering a placement pursuant to
42 this act, the department shall make a reasonable effort to place the child in
43 the least disruptive environment to the child and in so doing may consider,
44 without limitation, placement of the child with related persons.
45 SECTION 3. That the Heading for Chapter 3, Title 20, Idaho Code, be, and
46 the same is hereby amended to read as follows:
47 CHAPTER 3
48 OUT-OF-STATE PAROLEE SUPERVISION ACT
49 INTERSTATE COMPACT FOR ADULT OFFENDER SUPERVISION
50 SECTION 4. That Section 33-5203, Idaho Code, be, and the same is hereby
51 amended to read as follows:
7
1 33-5203. AUTHORIZATION -- LIMITATIONS. (1) The creation of public charter
2 schools is hereby authorized. Public charter schools shall be part of the
3 state's program of public education.
4 (2) The number of new public charter schools which may begin educational
5 instruction in any one (1) school year shall be limited in number in accor-
6 dance with the following:
7 (a) Not more than six (6) new public charter schools may begin educa-
8 tional instruction in any one (1) school year, and
9 (b) Not more than one (1) new public charter school may begin educational
10 instruction that is physically located within any one (1) school district
11 in any one (1) school year, and
12 (c) No whole school district may be converted to a charter district or
13 any configuration which includes all schools as public charter schools,
14 and
15 (d) Public virtual charter schools approved by the public charter school
16 commission are not included in paragraph (b) of this subsection, and
17 (e) The transfer of a charter for a school already authorized pursuant to
18 section 33-5205A, Idaho Code, is not included in the limit on the annual
19 number of public charter schools approved to begin educational instruction
20 in any given school year as set forth in paragraph (a) of this subsection,
21 and
22 (f) A petition must be received by the initial authorized chartering
23 entity no later than September 1 to be eligible to begin instruction the
24 first complete school year following receipt of the petition., and
25 (dg) To begin operations, a newly-chartered public school must be autho-
26 rized by no later than January 1 of the previous school year.
27 (3) A public charter school may be formed either by creating a new public
28 charter school, which charter may be approved by any authorized chartering
29 entity, or by converting an existing traditional public school to a public
30 charter school, which charter may only be approved by the board of trustees of
31 the school district in which the existing public school is located.
32 (4) No charter shall be approved under this chapter:
33 (a) Which provides for the conversion of any existing private or paro-
34 chial school to a public charter school.
35 (b) To a for-profit entity or any school which is operated by a for-
36 profit entity, provided however, nothing herein shall prevent the board of
37 directors of a public charter school from legally contracting with for-
38 profit entities for the provision of products or services that aid in the
39 operation of the school.
40 (c) By the board of trustees of a school district if the public charter
41 school's physical location is outside the boundaries of the authorizing
42 school district. The limitation provided in this subsection (4)(c) does
43 not apply to a home-based public virtual school.
44 (5) A public virtual school charter may be approved by the public charter
45 school commission. In addition, a charter may also be approved by the state
46 board of education pursuant to section 33-5207(5)(b), Idaho Code.
47 (6) The state board of education shall adopt rules, subject to law, to
48 establish a consistent application and review process for the approval and
49 maintenance of all public charter schools.
50 (7) The state board of education shall be responsible to designate those
51 public charter schools that will be identified as a local education agency
52 (LEA) as such term is defined in 34 CFR 300.18; however, only public charter
53 schools chartered by the board of trustees of a school district may be
54 included in that district's LEA.
8
1 SECTION 5. That Section 47-1506, Idaho Code, be, and the same is hereby
2 amended to read as follows:
3 47-1506. OPERATOR -- DUTIES PRIOR TO OPERATION -- SUBMISSION OF MAPS AND
4 PLANS. (a) Any operator desiring to conduct surface mining operations within
5 the state of Idaho for the purpose of immediate or ultimate sale of the min-
6 erals in either the natural or processed state, shall submit to the board
7 prior to commencing such surface mining operations a reclamation plan that
8 contains the following:
9 (1) A map of the mine panel on which said operator desires to conduct
10 surface mining operations, which sets forth with respect to said panel the
11 following:
12 (i) The location of existing roads and anticipated access and main
13 haulage roads planned to be constructed in conducting the surface
14 mining operations.
15 (ii) The approximate boundaries of the lands to be utilized in the
16 process of surface mining operations.
17 (iii) The approximate location and, if known, the names of all
18 streams, creeks, or bodies of water within the area where surface
19 mining operations shall take place.
20 (iv) The name and address of the person to whom notices, orders,
21 and other information required to be given to the operator pursuant
22 to this chapter may be sent.
23 (v) The drainage adjacent to the area where the surface is being
24 utilized by surface mining operations.
25 (vi) The approximate boundaries of the lands that will become
26 affected lands as a result of surface mining operations during the
27 year immediately following the date that a reclamation plan is
28 approved as to said panel, together with the number of acres included
29 within said boundaries.
30 (vii) A description of foreseeable, site-specific nonpoint sources
31 of water quality impacts upon adjacent surface waters, and the best
32 management practices that will be used to control such nonpoint
33 source impacts.
34 (viii) A description of foreseeable, site-specific impacts from acid
35 rock drainage and the best management practices that will be used to
36 mitigate the impacts, if any, from such acid rock drainage.
37 (2) Diagrams showing the planned location of pits, mineral stockpiles,
38 overburden piles and tailings ponds on said panel.
39 (3) A description of the action which said operator intends to take to
40 comply with the provisions of this chapter as to the surface mining opera-
41 tions conducted on such mine panel.
42 (b) Any operator who is not required to submit an operating plan for a
43 surface mining operation to an entity of the federal government shall submit
44 to the board, as part of the reclamation plan, an operating plan with regards
45 to that surface mining operation. The operating plan shall include:
46 (1) Maps showing the location of existing roads and anticipated access
47 and main haulage roads planned to be constructed for surface mining opera-
48 tions.
49 (2) The boundaries and acreage of the lands to be utilized in the process
50 of surface mining operations.
51 (3) Maps showing the planned location of pits, mineral stockpiles, over-
52 burden piles and tailings ponds for the surface mining operations.
53 (4) The location and, if known, the names of all streams, creeks, or bod-
54 ies of water within the area where surface mining operations shall take
9
1 place.
2 (5) The drainage adjacent to the area where the surface is being utilized
3 by surface mining operations.
4 (6) The approximate boundaries and acreage of the lands that will become
5 affected during the first year of construction of surface mining opera-
6 tions.
7 (7) The board shall promulgate rules or guidelines to allow the content
8 of a nonfederal operating plan to be determined based upon the type and
9 size of the surface mining operation.
10 (c) No operator who is required to submit an operating plan for a surface
11 mining operation to an entity of the federal government shall be required to
12 submit an operating plan to the board. This provision shall apply to all
13 lands, regardless of surface or mineral ownership, covered by the operating
14 plan submitted to the entity of the federal government.
15 (d) No operator shall commence surface mining operations on any mine
16 panel without first having a reclamation plan approved by the state board of
17 land commissioners.
18 (e) Any operator desiring to conduct exploration operations within the
19 state of Idaho using motorized earth-moving equipment in order to locate min-
20 erals for immediate or ultimate sale in either the natural or the processed
21 state shall notify the board by certified mail as soon after beginning explo-
22 ration operations as possible and in any event within seven (7) days after
23 beginning exploration operations. The letter shall include the following:
24 (1) The name and address of the operator;
25 (2) The location of the operation and the starting date and estimated
26 completion date;
27 (3) The anticipated size of the operation, and the general method of
28 operation.
29 The letter shall be subject to disclosure according to chapter 3, title 9,
30 Idaho Code.
31 (f) Any operator desiring to operate a cyanidation facility within the
32 state of Idaho shall submit to the board prior to the operation of such a
33 facility a permanent closure plan that contains the following:
34 (1) The name and address of the operator;
35 (2) The location of the operation;
36 (3) The objectives, methods and procedures the operator will use to
37 attain permanent closure;
38 (4) An estimate of the cost of attaining permanent closure as well as an
39 estimate of the costs to achieve critical phases of the closure plan;
40 (5) Any other information specified in the rules adopted to carry out the
41 intent and purposes of this chapter.
42 (g) The board may require a reasonable fee for reviewing and approving a
43 permanent closure plan. The fee may include the reasonable cost to employ a
44 qualified independent party, acceptable to the operator and the board, to ver-
45 ify the accuracy of the cost estimate required in subsection (f)(34) of this
46 section.
47 (h) The board shall coordinate its review of activities in the permanent
48 closure plan under the statutory responsibility of the department of environ-
49 mental quality with that department, but that coordination shall not extend
50 the time limit in which the board must act on a plan submitted.
51 (i) No operator shall commence operation of a cyanidation facility with-
52 out first having a permanent closure plan approved by the board.
53 SECTION 6. That Section 49-416C, Idaho Code, be, and the same is hereby
54 amended to read as follows:
10
1 49-416C. SCIENCE AND TECHNOLOGY PLATES. (1) Any person who is the owner
2 of a vehicle registered under the provisions of section 49-402 or 49-4314(1),
3 Idaho Code, or registered under any other section of law for which the pur-
4 chase of special plates is allowed, may apply for and, upon department
5 approval, receive special science and technology license plates in lieu of
6 regular license plates. The provisions of this section shall not apply to any
7 vehicle with a registered maximum gross weight over twenty-six thousand
8 (26,000) pounds. Availability of science and technology license plates for
9 other vehicles shall be subject to the rules, policies and procedures of the
10 department.
11 (2) In addition to the regular registration fee required in chapter 4,
12 title 49, Idaho Code, the applicant shall be charged a fee of thirty-five dol-
13 lars ($35.00) for the initial issuance of plates, and twenty-five dollars
14 ($25.00) upon each succeeding annual registration. Ten dollars ($10.00) of the
15 initial fee and ten dollars ($10.00) of the renewal fee shall be deposited in
16 the state highway account and shall be used to fund the cost of administration
17 of this special license plate program. Twenty-five dollars ($25.00) of each
18 initial fee and fifteen dollars ($15.00) of each renewal fee shall be trans-
19 ferred by the state treasurer for deposit to the office of science and tech-
20 nology fund created in section 67-4725, Idaho Code, and shall be used by the
21 science technology division of the department of commerce for attracting sci-
22 ence and technology companies to locate or to expand their operations in
23 Idaho.
24 (3) Whenever title or interest in a vehicle registered under the provi-
25 sions of this section is transferred or assigned, the owner may transfer the
26 special plates to another vehicle upon payment of the required transfer fees.
27 The owner may only display the plates on another vehicle upon receipt of the
28 new registration from the department.
29 (4) The science and technology license plate shall be of a color and
30 design in accordance with the provisions of section 49-402C, Idaho Code. The
31 design and any slogan on the plate shall be acceptable to the director of the
32 department of commerce and labor and shall be approved by the Idaho transpor-
33 tation department utilizing a numbering system as determined by the depart-
34 ment. Initial costs of the plate program, including costs of plate design,
35 shall be paid by the department of commerce and labor.
36 (5) Sample science and technology license plates may be purchased for a
37 fee of thirty dollars ($30.00), ten dollars ($10.00) of which shall be depos-
38 ited in the state highway account and twenty dollars ($20.00) of which shall
39 be transferred to the office of science and technology fund, and shall be used
40 by the office for attracting science and technology companies to locate or to
41 expand their operations in Idaho.
42 SECTION 7. That the Heading for Chapter 51, Title 54, Idaho Code, as
43 added by Section 1, Chapter 143, Laws of 2005, be, and the same is hereby
44 amended to read as follows:
45 CHAPTER 513
46 IDAHO LIQUEFIED PETROLEUM GAS PUBLIC SAFETY ACT
47 SECTION 8. That Section 54-5101, Idaho Code, as added by Section 1, Chap-
48 ter 143, Laws of 2005, be, and the same is hereby amended to read as follows:
49 54-51015301. SHORT TITLE. This chapter shall be known and may be cited as
50 the "Idaho Liquefied Petroleum Gas Public Safety Act."
11
1 SECTION 9. That Section 54-5102, Idaho Code, as added by Section 1, Chap-
2 ter 143, Laws of 2005, be, and the same is hereby amended to read as follows:
3 54-51025302. DECLARATION OF POLICY. (1) In order to protect the public
4 health, safety and welfare, every person practicing or offering to practice as
5 a liquefied petroleum gas dealer as herein defined shall submit evidence of
6 meeting such education, experience and examination qualifications as hereinaf-
7 ter provided and be licensed in accordance with the provisions of this chap-
8 ter.
9 (2) In order to protect the public health, safety and welfare, it shall
10 be unlawful to own or operate any facility engaged in liquefied petroleum gas
11 facility operation unless such facility is licensed in accordance with the
12 provisions of this chapter.
13 (3) Every person so licensed and every facility so licensed shall main-
14 tain prescribed standards of competence, conduct and operation, and shall
15 annually renew said license in order to continue such practice or operation.
16 This chapter shall be liberally construed to promote the public interest and
17 to accomplish the purpose stated herein.
18 SECTION 10. That Section 54-5103, Idaho Code, as added by Section 1,
19 Chapter 143, Laws of 2005, be, and the same is hereby amended to read as fol-
20 lows:
21 54-51035303. DEFINITIONS. (1) "Board" means the liquefied petroleum gas
22 safety board.
23 (2) "Bureau" means the bureau of occupational licenses.
24 (3) "Department" means the department of self-governing agencies.
25 (4) "Good moral character" means the absence of any behavior that vio-
26 lates accepted standards of the community including, but not limited to:
27 (a) Conviction or plea of guilty to a felony or other crime involving
28 moral turpitude;
29 (b) Habitual use of drugs or intoxicants to such a degree as to render a
30 person unfit and unreliable to practice;
31 (c) Revocation or suspension or other restriction of any license or cer-
32 tificate in any state in the previous five (5) years; and
33 (d) Failure to pay final judgments in any state in the previous seven (7)
34 years.
35 (5) "License" means a physical document issued by the bureau certifying
36 that a person or facility has met the appropriate qualifications and has been
37 granted the authority to practice or operate in Idaho under the provisions of
38 this chapter.
39 (6) "Liquefied petroleum gas" or "LPG" or "LP-Gas" means any material
40 that is composed predominantly of or by the mixture of any of the following
41 hydrocarbons: propane, propylene, butanes, isobutanes and butylenes.
42 (7) "LPG facility" means any facility at a fixed location licensed pursu-
43 ant to this chapter whose activities include selling, filling, refilling, or
44 commercial handling or commercial storage of LPG.
45 (8) "LPG dealer" means any person licensed pursuant to this chapter who
46 engages in LPG dealer practice.
47 (9) "LPG dealer practice" means a person engaging in the selling, fill-
48 ing, refilling, transporting, delivering, or commercial handling of LPG, or
49 engaging in the installation or maintenance of systems, equipment, pipes or
50 containers for the use or storage of LPG.
51 (10) "LPG code" means the liquefied petroleum gas code adopted by the
52 national fire protection association, inc., commonly known as NFPA 58.
12
1 SECTION 11. That Section 54-5104, Idaho Code, as added by Section 1,
2 Chapter 143, Laws of 2005, be, and the same is hereby amended to read as fol-
3 lows:
4 54-51045304. LICENSE REQUIRED -- BUSINESS ENTITIES -- NAME AND ADDRESS
5 CHANGE. (1) It shall be unlawful for any person to practice or to offer to
6 engage in any practice governed by this chapter, or display a sign or in any
7 other way advertise or represent oneself as a person who engages in such prac-
8 tices, unless duly licensed in accordance with this chapter. The license shall
9 be posted in the person's established place of business or carried upon the
10 person, and shall be presented upon demand as proof of licensing.
11 (2) A person, corporation, partnership, trust, association or other legal
12 entity may maintain an established facility for engaging in an operation gov-
13 erned by this chapter, provided that such facility is properly licensed pursu-
14 ant to this chapter. No person, corporation, partnership, trust, association
15 or other legal entity may operate or conduct business under an assumed busi-
16 ness name unless such operation or business is registered in accordance with
17 the rules of the board.
18 (3) All holders of individual or facility licenses shall notify the board
19 in writing of any change of address of office or established place of business
20 within thirty (30) days of such change.
21 (4) All holders of individual or facility licenses shall report to the
22 board and provide official documentation of any name change within thirty (30)
23 days after the change becomes final.
24 SECTION 12. That Section 54-5105, Idaho Code, as added by Section 1,
25 Chapter 143, Laws of 2005, be, and the same is hereby amended to read as fol-
26 lows:
27 54-51055305. EXEMPTIONS. (1) The provisions of this chapter shall not
28 apply to persons or entities engaging in the activities of selling, filling,
29 refilling, transporting, delivering, or the commercial handling of natural gas
30 or petroleum distillates, or persons engaging in the installation or mainte-
31 nance of equipment used in the selling or handling or use of natural gas or
32 petroleum distillates.
33 (2) The provisions of this chapter shall not apply to persons engaged in
34 the dispensing of LPG into portable containers.
35 (3) The provisions of this chapter shall not apply to facilities engaged
36 in the sale or exchange of portable containers possessing LPG.
37 SECTION 13. That Section 54-5106, Idaho Code, as added by Section 1,
38 Chapter 143, Laws of 2005, be, and the same is hereby amended to read as fol-
39 lows:
40 54-51065306. LICENSING OF APPLICANTS -- ENDORSEMENT. (1) The board shall
41 issue a license to each applicant who submits the required information on an
42 application form provided by the board together with the supporting documenta-
43 tion and the required fees, and who demonstrates to the satisfaction of the
44 board that the applicant meets the education, experience, and examination
45 requirements, or the facility requirements, of this chapter and the rules
46 adopted thereto.
47 (2) Whenever the board determines that another state or country has
48 licensing requirements substantially equivalent to or higher than those in
49 effect pursuant to this chapter, the board may, upon receipt of the required
50 application, supporting documentation, and required fee, issue licenses to
13
1 applicants who hold current, unsuspended, unrevoked or otherwise nonsanctioned
2 licenses in such other state or country. The board, in its discretion, may
3 require by rule that applicants who received their professional education or
4 experience outside of the United States provide additional information to the
5 board concerning such professional education or experience. The board may
6 also, in its discretion, require successful completion of additional course
7 work or examination.
8 SECTION 14. That Section 54-5107, Idaho Code, as added by Section 1,
9 Chapter 143, Laws of 2005, be, and the same is hereby amended to read as fol-
10 lows:
11 54-51075307. QUALIFICATIONS FOR A DEALER'S LICENSE. Except as herein
12 otherwise provided, the following shall be considered minimum requirements for
13 a dealer's license. All applicants shall:
14 (1) Provide verification acceptable to the board of:
15 (a) Being at least eighteen (18) years of age; and
16 (b) Good moral character; and
17 (c) Never having had a license revoked or otherwise sanctioned as part of
18 disciplinary action from this or any other state; and
19 (d) Never having been convicted, found guilty, or received a withheld
20 judgment for any felony; and
21 (e) Never having been found by the board to have engaged in conduct pro-
22 hibited by this chapter.
23 The board may take into consideration the rehabilitation of the applicant and
24 other mitigating circumstances when considering applications for a license.
25 (2) Provide documentation satisfactory to the board that the applicant
26 has successfully completed a certified educational training program approved
27 by the board.
28 (3) Provide documentation satisfactory to the board that the applicant
29 has successfully completed such experience as may be required by the board.
30 (4) Provide documentation that the applicant has successfully passed an
31 examination approved by the board.
32 (5) Prior to July 1, 2006, the board may deem other education, experi-
33 ence, or examinations equivalent to the licensing requirements set forth in
34 this chapter, provided that the board is satisfied, and the applicant provides
35 documentation acceptable to the board that such applicant has:
36 (a) Documented experience in this state prior to July 1, 2005, in the LPG
37 industry; and
38 (b) Practiced for not less than five (5) years in the field for which
39 such applicant is applying for a license; and
40 (c) Applied for a license prior to July 1, 2006.
41 SECTION 15. That Section 54-5108, Idaho Code, as added by Section 1,
42 Chapter 143, Laws of 2005, be, and the same is hereby amended to read as fol-
43 lows:
44 54-51085308. FACILITY LICENSE -- EQUIPMENT -- INSPECTIONS. (1) The board
45 shall issue a facility license to any person, corporation, partnership, trust,
46 association or other legal entity to operate at specific locations only. No
47 facility license shall be transferable, but an applicant may make application
48 for more than one (1) facility license so long as all of the requirements are
49 met for each license individually. Except as herein otherwise provided, the
50 following shall be considered minimum requirements for a facility license:
51 (a) That the applicant is lawfully entitled to do business within the
14
1 United States;
2 (b) That the applicant has not been refused a license for a facility, or
3 its equivalent, or had a personal or facility license revoked in Idaho or
4 in any other state;
5 (c) That the applicant has designated the name under which the facility
6 will operate and has designated a specific location for which the facility
7 license is to be issued;
8 (d) That the applicant has at least one (1) dealer licensed under this
9 chapter who is a resident of the state of Idaho and who is, and will be,
10 responsible for the operation of the facility;
11 (e) That the applicant has filed an application and paid the required
12 filing fee;
13 (f) That the applicant's facility meets the requirements of the LPG code,
14 except as designated by the board by rule;
15 (g) All applications for facility licenses are in writing and contain the
16 name of the applicant, the address and location of the facility and a
17 description of the type of structure and equipment to be used in the oper-
18 ation of the facility, and such further information as may be required by
19 the board to ensure the safe operation of the facility, and its compliance
20 with the requirements of this chapter;
21 (h) The person responsible for the operation of a facility maintains such
22 records documenting the storage, transportation, dispensation and utiliza-
23 tion of LPG as may be required by the laws of the state of Idaho and the
24 rules adopted by the board; and
25 (i) In the event a licensed facility ceases to have a licensed dealer in
26 its employ responsible for operation of the facility, all operation
27 involving practices regulated under this chapter shall cease and written
28 notification of such fact shall be submitted immediately to the board. In
29 the event a licensed facility fails to have a licensed dealer in its
30 employ responsible for the facility within thirty (30) days of said
31 notice, the facility license shall be summarily suspended until a licensed
32 dealer is so employed.
33 (2) The board may adopt rules setting forth minimum general standards
34 covering the design, construction, location, installation and operation of
35 systems, equipment, pipes and containers for storing, handling, transporting
36 by tank truck or tank trailer, and using liquefied petroleum gases and speci-
37 fying the odorization of the gases and the degree thereof.
38 (3) The board shall adopt inspection rules regarding LPG facilities.
39 SECTION 16. That Section 54-5109, Idaho Code, as added by Section 1,
40 Chapter 143, Laws of 2005, be, and the same is hereby amended to read as fol-
41 lows:
42 54-51095309. IDAHO LIQUEFIED PETROLEUM GAS SAFETY BOARD. (1) There is
43 hereby established in the department of self-governing agencies the Idaho liq-
44 uefied petroleum gas safety board and the members thereof shall be appointed
45 by the governor. In making appointments, the governor shall give consideration
46 to recommendations submitted by the rocky mountain propane association and
47 other such nominations as may be received. If recommendations are not made
48 within sixty (60) days of notification and request, the governor may make
49 appointments of any qualified individual.
50 (2) The board shall consist of five (5) members, two (2) of whom shall be
51 licensed dealers pursuant to the provisions of this chapter; and one (1) of
52 whom shall be a volunteer fireman in a rural area of the state; and one (1) of
53 whom shall be a fireman employed by a city fire department in the state; and
15
1 one (1) of whom shall be a representative of the general public not employed
2 or otherwise connected with the practices or operations regulated pursuant to
3 this chapter.
4 (3) The members of the first board shall serve for the following terms:
5 one (1) dealer member shall serve for one (1) year; one (1) fireman member
6 shall serve for two (2) years; one (1) dealer member shall serve for three (3)
7 years; and one (1) fireman member and the public member shall each serve for
8 four (4) years. Each member shall serve from the effective date of appointment
9 or until a successor is duly appointed and qualified. Upon the expiration of
10 the term of any member of the board, the governor shall appoint the subsequent
11 member for a term of four (4) years. No member shall be appointed for more
12 than two (2) successive terms.
13 (4) The governor may remove any member of the board for misconduct,
14 incompetence, neglect of duty, or for any other cause.
15 (5) Three (3) members of the board shall constitute a quorum, and may
16 exercise all the power and authority conferred on the board.
17 (6) Within thirty (30) days of the appointment of the first board and
18 annually thereafter, the members shall meet and elect from among the members
19 by majority vote of those present a chairman who shall serve for one (1) year.
20 (7) The board shall meet thereafter no less than annually at such times
21 and at such places as may be specified by the chairman or by the written
22 request of at least two (2) members.
23 (8) Each member of the board shall be compensated as provided in section
24 59-509(h), Idaho Code.
25 SECTION 17. That Section 54-5110, Idaho Code, as added by Section 1,
26 Chapter 143, Laws of 2005, be, and the same is hereby amended to read as fol-
27 lows:
28 54-51105310. POWERS AND DUTIES OF THE BOARD. The powers and duties of the
29 board are as follows, to:
30 (1) Authorize all disbursements necessary to carry out the provisions of
31 this chapter;
32 (2) Approve and administer qualifying examinations to test the knowledge
33 and competence of applicants for a license;
34 (3) Supervise the approval and issuance of licenses as provided in this
35 chapter, and to license persons who apply to the board and who are qualified
36 pursuant to this chapter;
37 (4) Renew licenses to persons who apply to the board and who are quali-
38 fied pursuant to this chapter;
39 (5) Accept complaints and conduct investigations concerning alleged
40 violations of the provisions of this chapter;
41 (6) Require and conduct inspections of facilities licensed pursuant to
42 this chapter;
43 (7) Conduct disciplinary proceedings and take such action as may be
44 appropriate for any violation of this chapter;
45 (8) Authorize, by written agreement, the bureau of occupational licenses
46 as agent to act in its interest;
47 (9) Impose reasonable costs, investigative expenses and attorney's fees
48 incurred in enforcing the provisions of this chapter upon a licensee found to
49 have violated one (1) or more provisions of this chapter;
50 (10) Enforce all provisions of this chapter and board rules including, but
51 not limited to, issuing subpoenas, and obtaining restraining orders and
52 injunctions prohibiting conduct in violation of the provisions of this chap-
53 ter; and
16
1 (11) Make and publish rules not inconsistent with the laws of this state
2 which are necessary to carry out the provisions of this chapter. The rules
3 relating to safety in the storage, distribution, dispensing, transporting and
4 utilization of LPG in this state and in the manufacture, fabrication, assem-
5 bly, sale, installation and use of LPG systems, piping, containers, apparatus
6 or appliances shall be just and reasonable and shall conform, except as estab-
7 lished by board rule, to the standards of the LPG code relating to the design,
8 construction, installation and use of systems, piping, containers, apparatus,
9 appliances and pertinent equipment for the storage, transportation, dispensa-
10 tion and utilization of LPG.
11 SECTION 18. That Section 54-5111, Idaho Code, as added by Section 1,
12 Chapter 143, Laws of 2005, be, and the same is hereby amended to read as fol-
13 lows:
14 54-51115311. DENIAL OR ISSUANCE OF LICENSES. (1) The board shall approve
15 or disapprove all applications, and in the event an application is disap-
16 proved, the board shall promptly return to the applicant the license fee.
17 Within fifteen (15) days after the denial of a license, the board shall notify
18 the applicant of the denial and specify the reasons for the denial.
19 (2) If the applicant is qualified for licensing pursuant to the provi-
20 sions of this chapter, the board shall approve the application and issue a
21 license for the appropriate classification according to section 54-51125312,
22 Idaho Code.
23 (3) If the application for a facility license is complete and meets the
24 provisions of this chapter, and the applicant attests that the equipment used
25 at the facility complies with the minimum safety standards established by the
26 board, the board shall approve the application and issue a license for the
27 appropriate classification according to section 54-51125312, Idaho Code.
28 SECTION 19. That Section 54-5112, Idaho Code, as added by Section 1,
29 Chapter 143, Laws of 2005, be, and the same is hereby amended to read as fol-
30 lows:
31 54-51125312. CLASSIFICATIONS OF LICENSES. For the purpose of administer-
32 ing the provisions of this chapter, the board may issue licenses in such types
33 and classifications as may be necessary and as determined by board rule. Such
34 license types may include, but not be limited to:
35 (1) An LPG dealer;
36 (2) An LPG facility;
37 (3) Any other licenses for persons, businesses or facilities engaged in
38 activities regulated under this chapter that the board determines require a
39 license and are not otherwise exempt under the provisions of this chapter.
40 SECTION 20. That Section 54-5113, Idaho Code, as added by Section 1,
41 Chapter 143, Laws of 2005, be, and the same is hereby amended to read as fol-
42 lows:
43 54-51135313. LICENSES -- RECORDS -- FEES -- PAYMENT OF COSTS AND
44 EXPENSES. (1) The bureau of occupational licenses shall, upon the approval of
45 the board and subject to the provisions of this chapter, register and issue
46 licenses to persons who have been approved by the board in accordance with
47 this chapter. The licenses shall bear on their face the seal of the state and
48 the signature of the chief of the bureau of occupational licenses, and shall
49 be effective until the next birthday of the person being licensed. Licenses so
17
1 issued shall be renewed annually in accordance with section 67-2614, Idaho
2 Code. The provisions of sections 67-2609 through 67-2614, Idaho Code, shall
3 apply to licenses issued pursuant to this chapter.
4 (2) The board shall keep and the bureau shall maintain a record of board
5 proceedings and a register of all applications that show:
6 (a) The name, age, social security number and residency of each appli-
7 cant;
8 (b) The date of application;
9 (c) The place of business of such applicant;
10 (d) The educational and other qualifications of each applicant;
11 (e) Whether or not an examination was required;
12 (f) Whether the applicant was denied;
13 (g) Whether a license was issued;
14 (h) The dates of the action by the board;
15 (i) Compliance with continuing education requirements; and
16 (j) Such other information as may be deemed necessary by the board.
17 (3) The bureau of occupational licenses shall collect a fee not to exceed
18 two hundred dollars ($200) for each application, each original license, and
19 each annual renewal of any license issued pursuant to this chapter, and shall
20 deposit all fees in the state treasury in accordance with section 67-2605,
21 Idaho Code. The actual fees shall be set by board rule. The bureau shall also
22 collect a fee equal to that charged by the examination provider when an exami-
23 nation is required as a condition of licensing. Fees paid under the provisions
24 of this chapter shall not be refunded unless otherwise specified herein.
25 (4) All fees received under the provisions of this chapter shall be paid
26 to the bureau of occupational licenses and deposited in the state treasury to
27 the credit of the occupational licenses fund and all costs and expenses incur-
28 red under the provisions of this chapter shall be charged against and paid
29 from said fund.
30 SECTION 21. That Section 54-5114, Idaho Code, as added by Section 1,
31 Chapter 143, Laws of 2005, be, and the same is hereby amended to read as fol-
32 lows:
33 54-51145314. LICENSES NONTRANSFERABLE -- NOTICE OF CHANGE -- LICENSE FEES
34 NOT REFUNDED. (1) Any license issued under the provisions of this chapter
35 shall not be transferable to any other person, firm, association, partnership,
36 corporation or legal entity, and shall be valid only for the particular prem-
37 ises and particular persons described thereon.
38 (2) Whenever there is any transfer or change in the ownership of a facil-
39 ity, or whenever there is any change of name or address, such change shall be
40 reported to the board within thirty (30) days together with such documentation
41 as may be required.
42 SECTION 22. That Section 54-5115, Idaho Code, as added by Section 1,
43 Chapter 143, Laws of 2005, be, and the same is hereby amended to read as fol-
44 lows:
45 54-51155315. REVOCATION OR SUSPENSION OF LICENSE -- PROCEDURES FOR DISCI-
46 PLINARY PROCEEDINGS. (1) The board shall have the power to refuse to issue a
47 license, or revoke, suspend, refuse to renew, or otherwise sanction any
48 license issued pursuant to the provisions of this chapter for any of the fol-
49 lowing:
50 (a) Procuring a license or registration by knowingly making a false
51 statement, submitting false information, refusing to provide complete
18
1 information in response to a question in an application for a license or
2 through any form of fraud or misrepresentation;
3 (b) Being convicted of a felony;
4 (c) Misrepresentation or fraudulent representation in the performance of
5 any duty, conduct or activity regulated under this chapter;
6 (d) Violating the provisions of this chapter or any rules of the board or
7 any code of conduct or ethical standards adopted by the board;
8 (e) Being incompetent;
9 (f) Failing to provide appropriate and personal supervision, if acting as
10 the designated supervisor, to any person gaining experience under the pro-
11 visions of this chapter.
12 (2) The board shall have the power to administer oaths, take depositions
13 of witnesses within or without the state in the manner provided by law in
14 civil cases, and shall have power throughout the state of Idaho to require the
15 attendance of such witnesses and the production of such books, records and
16 papers as it may desire, relevant to any hearing before it of any matter which
17 it has authority to investigate, and for that purpose the board may issue a
18 subpoena for any witness or a subpoena duces tecum to compel the production of
19 books, records or papers, directed to the sheriff of any county of the state
20 of Idaho where such witness resides or may be found, which shall be served and
21 returned in the same manner as a subpoena in a criminal case.
22 (3) The procedures for disciplinary proceedings shall be in compliance
23 with the Idaho administrative procedure act and the rules of the office of the
24 attorney general and the bureau of occupational licenses.
25 SECTION 23. That Section 54-5116, Idaho Code, as added by Section 1,
26 Chapter 143, Laws of 2005, be, and the same is hereby amended to read as fol-
27 lows:
28 54-51165316. VIOLATIONS AND PENALTIES. Any person who shall practice or
29 offer to practice as an LPG dealer or any person who shall operate or attempt
30 to operate an LPG facility as defined in this chapter, without first having a
31 valid and current and unsuspended license issued under the provisions of this
32 chapter, shall be guilty of a misdemeanor and, for each violation, shall be
33 subject to punishment by a fine of not more than one thousand dollars ($1,000)
34 or by imprisonment for a period of not more than six (6) months, or both.
35 SECTION 24. That Section 54-5117, Idaho Code, as added by Section 1,
36 Chapter 143, Laws of 2005, be, and the same is hereby amended to read as fol-
37 lows:
38 54-51175317. DUTY OF PROSECUTING ATTORNEY -- DUTY OF ATTORNEY GENERAL. It
39 shall be the duty of the prosecuting attorney or of each county to prosecute
40 all violations of this chapter constituting a violation of criminal law and it
41 shall be the duty of the attorney general of the state of Idaho to prosecute
42 any administrative actions brought under the provisions of this chapter as
43 requested by the board.
44 SECTION 25. That Section 63-602HH, Idaho Code, as added by Section 1,
45 Chapter 279, Laws of 2005, be, and the same is hereby amended to read as fol-
46 lows:
47 63-602HHII. PROPERTY EXEMPT FROM TAXATION -- UNUSED INFRASTRUCTURE. (1)
48 It is the intent of this section to preserve infrastructure and encourage eco-
49 nomic development in the limited circumstances when a business or other com-
19
1 mercial entity ceases to operate on property within a county.
2 (2) Following notice as prescribed in section 31-710, Idaho Code, and
3 public hearings, the board of county commissioners of any county shall have
4 the authority to exempt from taxation the unused infrastructure of a business,
5 provided that the business states that such infrastructure is nonoperational
6 under penalty of perjury.
7 (3) The exemption shall be for a period of up to five (5) years, provided
8 that the board of county commissioners may vote to extend the exemption for a
9 period not exceeding five (5) additional years.
10 (4) The board of county commissioners shall publish in its minutes any
11 decision to grant or deny the exemption provided in this section and shall
12 notify the county assessor and state tax commission of any exemption and the
13 duration of such exemption. It shall be the responsibility of the assessor to
14 return the property valuation of the unused infrastructure to the tax rolls
15 upon the expiration of the exemption.
16 (5) The exemption provided in this section shall not be granted for any
17 portion of an operating public utility.
18 (6) As used in this section, "unused infrastructure" means installed
19 utilities including, but not limited to, rail, water, natural gas and electri-
20 cal lines.
21 SECTION 26. That Section 67-2601, Idaho Code, be, and the same is hereby
22 amended to read as follows:
23 67-2601. DEPARTMENT CREATED -- ORGANIZATION -- DIRECTOR -- BUREAU OF
24 OCCUPATIONAL LICENSES CREATED. (1) There is hereby created the department of
25 self-governing agencies. The department shall, for the purposes of section 20,
26 article IV of the constitution of the state of Idaho, be an executive depart-
27 ment of the state government.
28 (2) The department shall consist of the following:
29 (a) Agricultural commodity commissions: Idaho apple commission, as pro-
30 vided by chapter 36, title 22, Idaho Code; Idaho bean commission, as pro-
31 vided by chapter 29, title 22, Idaho Code; Idaho beef council, as provided
32 by chapter 29, title 25, Idaho Code; Idaho cherry commission, as provided
33 by chapter 37, title 22, Idaho Code; Idaho dairy products commission, as
34 provided by chapter 31, title 25, Idaho Code; Idaho pea and lentil com-
35 mission, as provided by chapter 35, title 22, Idaho Code; Idaho potato
36 commission, as provided by chapter 12, title 22, Idaho Code; Idaho prune
37 commission, as provided by chapter 30, title 22, Idaho Code; the Idaho
38 wheat commission, as provided by chapter 33, title 22, Idaho Code; and the
39 Idaho aquaculture commission, as provided by chapter 44, title 22, Idaho
40 Code.
41 (b) Professional and occupational licensing boards: Idaho state board of
42 certified public accountancy, as provided by chapter 2, title 54, Idaho
43 Code; board of acupuncture, as provided by chapter 47, title 54, Idaho
44 Code; board of architectural examiners, as provided by chapter 3, title
45 54, Idaho Code; office of the state athletic director, as provided by
46 chapter 4, title 54, Idaho Code; board of barber examiners, as provided by
47 chapter 5, title 54, Idaho Code; board of commissioners of the Idaho state
48 bar, as provided by chapter 4, title 3, Idaho Code; board of chiropractic
49 physicians, as provided by chapter 7, title 54, Idaho Code; Idaho board of
50 cosmetology, as provided by chapter 8, title 54, Idaho Code; Idaho coun-
51 selor licensing board, as provided by chapter 34, title 54, Idaho Code;
52 state board of dentistry, as provided by chapter 9, title 54, Idaho Code;
53 state board of denturitry, as provided by chapter 33, title 54, Idaho
20
1 Code; state board of engineering examiners, as provided by chapter 12,
2 title 54, Idaho Code; state board for registration of professional geolo-
3 gists, as provided by chapter 28, title 54, Idaho Code; speech and hearing
4 services licensure board, as provided by chapter 29, title 54, Idaho Code;
5 Idaho state board of landscape architects, as provided by chapter 30,
6 title 54, Idaho Code; liquefied petroleum gas safety board, as provided by
7 chapter 513, title 54, Idaho Code; state board of medicine, as provided by
8 chapter 18, title 54, Idaho Code, and its associated physical therapist
9 advisory board, as provided by chapter 22, title 54, Idaho Code; state
10 board of morticians, as provided by chapter 11, title 54, Idaho Code;
11 board of naturopathic medical examiners, as provided by chapter 51, title
12 54, Idaho Code; board of nurses, as provided by chapter 14, title 54,
13 Idaho Code; board of examiners of nursing home administrators, as provided
14 by chapter 16, title 54, Idaho Code; state board of optometry, as provided
15 by chapter 15, title 54, Idaho Code; Idaho outfitters and guides board, as
16 provided by chapter 21, title 36, Idaho Code; board of pharmacy, as pro-
17 vided by chapter 17, title 54, Idaho Code; state board of podiatry, as
18 provided by chapter 6, title 54, Idaho Code; Idaho state board of psychol-
19 ogist examiners, as provided by chapter 23, title 54, Idaho Code; Idaho
20 real estate commission, as provided by chapter 20, title 54, Idaho Code;
21 real estate appraiser board, as provided by chapter 41, title 54, Idaho
22 Code; board of social work examiners, as provided by chapter 32, title 54,
23 Idaho Code; the board of veterinary medicine, as provided by chapter 21,
24 title 54, Idaho Code; the board of examiners of residential care facility
25 administrators, as provided by chapter 42, title 54, Idaho Code; and the
26 board of drinking water and wastewater professionals, as provided by chap-
27 ter 24, title 54, Idaho Code.
28 (c) The board of examiners, pursuant to section 67-2001, Idaho Code.
29 (d) The division of building safety, to be headed by a division adminis-
30 trator and comprised of five (5) bureaus: plumbing, electrical, buildings,
31 public works contractor licensing, and logging and industrial safety. The
32 division administrator and bureau chiefs shall be nonclassified employees
33 exempt from the provisions of chapter 53, title 67, Idaho Code. The admin-
34 istrator of the division shall administer the provisions of chapter 40,
35 title 39, Idaho Code, relating to manufactured homes and recreational
36 vehicles; chapter 41, title 39, Idaho Code, relating to modular build-
37 ings; chapter 21, title 44, Idaho Code, relating to manufactured home
38 dealer and installer licensing; chapter 10, title 54, Idaho Code, relating
39 to electrical contractors and journeymen; chapter 19, title 54, Idaho
40 Code, relating to licensing of public works contractors; chapter 26, title
41 54, Idaho Code, relating to plumbing and plumbers; and shall perform such
42 additional duties as are imposed upon him by law. The division administra-
43 tor shall cooperate with the industrial commission and aid and assist the
44 commission in its administration of sections 72-720, 72-721 and 72-723,
45 Idaho Code, and at the request of the commission shall make inspection of
46 appliances, tools, equipment, machinery, practices or conditions, and make
47 a written report to the commission. The administrator shall make recommen-
48 dations to the commission to aid the commission in its administration of
49 sections 72-720, 72-721 and 72-723, Idaho Code, provided however, that
50 nothing herein shall be construed as transferring to the administrator any
51 of the authority or powers now vested in the industrial commission.
52 (e) The division of veterans services to be headed by a division adminis-
53 trator who shall be a nonclassified employee exempt from the provisions of
54 chapter 53, title 67, Idaho Code. The administrator of the division shall
55 administer the provisions of chapter 2, title 65, Idaho Code, and chapter
21
1 9, title 66, Idaho Code, with the advice of the veterans affairs commis-
2 sion established under chapter 2, title 65, Idaho Code, and shall perform
3 such additional duties as are imposed upon him by law.
4 (3) The bureau of occupational licenses is hereby created within the
5 department of self-governing agencies.
6 SECTION 27. That the Heading for Chapter 56, Title 67, Idaho Code, be,
7 and the same is hereby amended to read as follows:
8 CHAPTER 56
9 COMMISSION ON ARTS AND HUMANITIES
10 SECTION 28. That Section 67-7702, Idaho Code, be, and the same is hereby
11 amended to read as follows:
12 67-7702. DEFINITIONS. As used in this chapter:
13 (1) "Bingo" means the traditional game of chance played for a prize
14 determined prior to the start of the game.
15 (a) Upon approval by the bingo-raffle advisory board a licensee may offer
16 bingo games in which players are allowed to select their own numbers if
17 the cards used to conduct the games have controls that provide an audit
18 trail adequate to determine all winning number combinations.
19 (b) Card-minding devices are prohibited. Autodaubing features are prohib-
20 ited.
21 (c) Bingo shall not include "instant bingo" which is a game of chance
22 played by the selection of one (1) or more prepackaged bingo cards, with
23 the winner determined by the appearance of a preprinted winning designa-
24 tion on the bingo card.
25 (2) "Bingo-raffle advisory board" means a board of six (6) persons chosen
26 by the governor to make advisory recommendations regarding bingo and raffle
27 operations and regulation in Idaho.
28 (3) "Charitable organization" means an organization that has been in con-
29 tinuous existence in the county of operation of the charitable bingo game or
30 raffle for at least one (1) year and that is exempt from taxation under sec-
31 tion 501(c)(3), 501(c)(4), 501(c)(6), 501(c)(8), 501(c)(10), 501(c)(19) or
32 501(d) of the Internal Revenue Code and is exempt from income taxation under
33 title 63, Idaho Code, as a bona fide nonprofit charitable, civic, religious,
34 fraternal, patriotic or veterans organization or as a nonprofit volunteer fire
35 department, or as a nonprofit volunteer rescue squad, or as a nonprofit volun-
36 teer educational booster group, parent-teacher organization or association. If
37 the organization has local branches or chapters, the term "charitable organi-
38 zation" means the local branch or chapter operating the bingo or raffle game.
39 (4) "Commission" means the Idaho state lottery commission as defined in
40 section 67-7404, Idaho Code.
41 (5) "Duck race" means a charitable raffle played by releasing numbered,
42 inanimate toys (ducks) into a body of moving water. A person who has been
43 assigned the same number as the first duck to cross a predetermined point in
44 the water (the finish line) is the winner. Other prizes may be awarded on the
45 basis of the order in which the ducks cross the finish line. With the excep-
46 tion of determining "net proceeds," all restrictions and requirements applica-
47 ble to the conduct of charitable raffles in this chapter shall also apply to
48 the conduct of duck races.
49 (6) "Electronic bingo card" or "face" means an electronic facsimile of a
50 bingo card or face, from a permutation of bingo cards formulated by a manufac-
51 turer licensed in Idaho, which is stored and/or displayed in a bingo card-
22
1 monitoring device. An electronic bingo card or face is deemed to be a form of
2 disposable paper bingo card.
3 (7) (a) "Electronic bingo device" means an electronic device used by a
4 bingo player to monitor bingo cards purchased at the time and place of a
5 licensed organization's bingo session, and which:
6 (i) Provides a means for bingo players to input numbers announced
7 by a bingo caller;
8 (ii) Requires the player to manually enter the numbers as they are
9 announced by a bingo caller;
10 (iii) Compares the numbers entered by the bingo player to the numbers
11 contained on bingo cards previously stored in the electronic database
12 of the device;
13 (iv) Identifies winning bingo patterns; and
14 (v) Signals only the bingo player when a winning bingo pattern is
15 achieved.
16 (b) "Electronic bingo device" does not mean or include any device into
17 which coins, currency, or tokens are inserted to activate play, or any
18 device which is interfaced with or connected to any host system which can
19 transmit or receive any ball call information, site system or any other
20 type of bingo equipment once the device has been activated for use by the
21 bingo player.
22 (8) "Gross revenues" shall mean all moneys paid by players during a bingo
23 game or session for the playing of bingo or raffle event and shall not include
24 money paid for concessions.
25 (9) "Holiday Christmas tree fundraiser" means a charitable raffle played
26 by persons bidding on decorated holiday trees with the proceeds being utilized
27 for senior citizen centers or hospitals or hospital auxiliaries. With the
28 exception of determining "net proceeds," all restrictions and requirements
29 applicable to the conduct of charitable raffles in this chapter shall also
30 apply to the conduct of holiday Christmas tree fundraisers.
31 (910) "Host system" means the computer hardware, software and peripheral
32 equipment of a licensed manufacturer which is used to generate and download
33 electronic bingo cards to a licensed organization's site system, and which
34 monitors sales and other activities of a site system.
35 (8)(101) "Nonprofit organization" means an organization incorporated under
36 chapter 3, title 30, Idaho Code, or an unincorporated association recognized
37 under chapter 7, title 53, Idaho Code.
38 (1192) "Organization" means a charitable organization or a nonprofit orga-
39 nization.
40 (1203) "Person" shall be construed to mean and include an individual,
41 association, corporation, club, trust, estate, society, company, joint stock
42 company, receiver, trustee, assignee, referee or any other person acting in a
43 fiduciary or representative capacity, whether appointed by a court or other-
44 wise, and any combination of individuals. "Person" shall also be construed to
45 mean and include departments, commissions, agencies and instrumentalities of
46 the state of Idaho, including counties and municipalities and agencies or
47 instrumentalities thereof.
48 (1314) "Raffle" means a game in which the prize is won by random drawing
49 of the name or number of one (1) or more persons purchasing chances.
50 (1425) "Session" means a period of time not to exceed eight (8) hours in
51 any one (1) day in which players are allowed to participate in bingo games
52 operated by a charitable or nonprofit organization.
53 (156) "Site system" means the computer hardware, software and peripheral
54 equipment used by a licensed organization at the site of its bingo session
55 which provides electronic bingo cards or bingo card monitoring devices to
23
1 players, and which receipts the sale or rental or of such cards and devices
2 and generates reports relative to such sales or rentals.
3 (1637) "Special permit" means a permit that can be obtained by a charita-
4 ble organization that is not licensed but qualifies to operate an exempt bingo
5 operation. This permit allows a qualifying organization to operate bingo games
6 at a county fair for the duration of the fair.
7 (1748) "Vendor" means an applicant, licensee or manufacturer, distributor
8 or supplier licensed or unlicensed that furnishes or supplies bingo or raffle
9 equipment, disposable or nondisposable cards and any and all related gaming
10 equipment.
11 SECTION 29. That Section 72-311, Idaho Code, be, and the same is hereby
12 amended to read as follows:
13 72-311. NOTICE OF SECURITY -- CANCELLATION OF SURETY CONTRACT. (1) The
14 employer shall forthwith file with the commission in form prescribed by it, a
15 notice of his security.
16 (2) No policy of insurance or guaranty contract or surety bond issued
17 against liability arising under this act, where the policy, contract, or bond
18 is intended to provide coverage of greater than one hundred and eighty (180)
19 days, shall be cancelled canceled or not renewed until at least sixty (60)
20 days after notice of cancellation has been filed with the industrial commis-
21 sion, and also served on the other contracting party either personally or by
22 certified mail to the last known address of the other contracting party. If
23 cancellation is due to failure to pay premiums, material misrepresentations by
24 the insured, substantial and unforeseen changes in the risk assumed, substan-
25 tial breaches of contractual duties, conditions of or warranties, or the pol-
26 icy is being cancelled canceled or not renewed at the request of the policy-
27 holder, then at least ten (10) days' notice of cancellation is required and
28 the notice shall be filed as required in this section. For purposes of this
29 section, service by certified mail is complete either on acknowledgement of
30 receipt or refusal of the notice by the contracting party or the 15th fif-
31 teenth day after the date the postal authority first attempts to deliver the
32 certified mail as evidenced by P.S. form 3849 or other similar document.
33 (3) A contracting party may, by its own representations or actions, be
34 estopped by the commission from relying on the time limitations set out
35 herein.
STATEMENT OF PURPOSE
RS 15434
The purpose of this bill is to make various codifier corrections to
the Idaho Code. In the course of a legislative session, multiple
amendments to a single code section, chapter or title are
frequently passed. Occasionally, these multiple amendments result
in conflicting numbering of sections or subsections. In addition,
in some instances, separate sections of the code contain citations
to sections or subsections which contain conflicting numbering due
to multiple amendments. Conflicting citation numbering is
identified at the time session laws for any given year are
incorporated into the existing code. Sections or subsections
containing conflicting numbering are redesignated by the codifier.
Redesignated code citations are set forth in brackets following
citations as set forth in session laws. The bracketed citation
remains in the code until the affected section undergoes a future
amendment and then, at that time, a correction to the citation
number is made. This method of indicating codifier corrections is
often confusing to the reader. Rather than waiting for future
amendments to the various affected sections, this bill compiles
those code sections affected in the legislative sessions prior to
2006 that contain conflicting numbering so that the designations
may be corrected.
FISCAL NOTE
There is no fiscal impact as a result of this bill.
Contact
Name: Mike Nugent, Legislative Services Offices
Phone: 208-334-2475
STATEMENT OF PURPOSE/FISCAL NOTE H 413