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H0109...........................................................by BUSINESS LIQUEFIED PETROLEUM GAS - Amends existing law relating to the Idaho Liquefied Petroleum Gas Public Safety Act to require a liquefied petroleum gas facility to have a certificate issued by an insurance company authorized to do business in Idaho as proof that a general liability policy of a specified sum is in effect; and to revise terminology. 02/06 House intro - 1st rdg - to printing 02/07 Rpt prt - to Bus 02/22 Rpt out - rec d/p - to 2nd rdg 02/23 2nd rdg - to 3rd rdg 02/27 3rd rdg - PASSED - 64-0-6 AYES -- Anderson, Andrus, Bayer, Bell, Bilbao, Black, Block, Bock, Boe, Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew, Clark, Collins, Crane, Durst, Eskridge, Hagedorn, Hart, Harwood, Henbest, Henderson, Jaquet, Killen, King, Kren, Labrador, Lake, LeFavour, Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer, Moyle, Nielsen, Nonini, Pasley-Stuart, Patrick, Pence, Raybould, Ring, Ringo, Roberts, Ruchti, Rusche, Sayler, Schaefer, Shepherd(8), Shirley, Shively, Smith(30), Smith(24), Snodgrass, Thayn, Trail, Vander Woude, Wills, Wood(35), Mr. Speaker NAYS -- None Absent and excused -- Barrett, Bedke, Edmunson, Shepherd(2), Stevenson, Wood(27) Floor Sponsor - Patrick Title apvd - to Senate 02/28 Senate intro - 1st rdg - to Com/HuRes 03/14 Rpt out - rec d/p - to 2nd rdg 03/15 2nd rdg - to 3rd rdg 03/20 3rd rdg - PASSED - 33-0-2 AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett, Cameron, Coiner, Corder, Darrington, Davis, Fulcher, Geddes, Goedde, Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Malepeai, McGee, McKague, McKenzie, Pearce, Richardson, Schroeder, Siddoway, Stegner, Werk NAYS -- None Absent and excused -- Gannon, Stennett Floor Sponsor - Coiner Title apvd - to House 03/20 To enrol - Rpt enrol - Sp signed 03/21 Pres signed - To Governor 03/27 Governor signed Session Law Chapter 198 Effective: 07/01/07
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature First Regular Session - 2007IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 109 BY BUSINESS COMMITTEE 1 AN ACT 2 RELATING TO THE IDAHO LIQUEFIED PETROLEUM GAS PUBLIC SAFETY ACT; AMENDING SEC- 3 TION 54-5308, IDAHO CODE, TO REQUIRE A CERTIFICATE ISSUED BY AN INSURANCE 4 COMPANY AUTHORIZED TO DO BUSINESS IN IDAHO AS PROOF THAT A GENERAL LIABIL- 5 ITY POLICY OF A SPECIFIED SUM IS IN EFFECT; AND AMENDING SECTION 54-5309, 6 IDAHO CODE, TO REVISE TERMINOLOGY. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Section 54-5308, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 54-5308. FACILITY LICENSE -- EQUIPMENT -- INSPECTIONS. (1) The board 11 shall issue a facility license to any person, corporation, partnership, trust, 12 association or other legal entity to operate at specific locations only. No 13 facility license shall be transferable, but an applicant may make application 14 for more than one (1) facility license so long as all of the requirements are 15 met for each license individually. Except as herein otherwise provided, the 16 following shall be considered minimum requirements for a facility license: 17 (a) That the applicant is lawfully entitled to do business within the 18 United States; 19 (b) That the applicant has not been refused a license for a facility, or 20 its equivalent, or had a personal or facility license revoked in Idaho or 21 in any other state; 22 (c) That the applicant has designated the name under which the facility 23 will operate and has designated a specific location for which the facility 24 license is to be issued; 25 (d) For a facility with a storage capacity of four thousand one (4,001) 26 gallons or more, that the applicant has at least one (1) dealer licensed 27 under this chapter who is a resident of the state of Idaho and who is, and 28 will be, responsible for the operation of the facility; 29 (e) That the applicant has filed an application and paid the required 30 filing fee; 31 (f) That the applicant's facility meets the requirements of the LPG code, 32 except as designated by the board by rule; 33 (g) All applications for facility licenses are in writing and contain the 34 name of the applicant, the address and location of the facility and a 35 description of the type of structure and equipment to be used in the oper- 36 ation of the facility, and such further information as may be required by 37 the board to ensure the safe operation of the facility, and its compliance 38 with the requirements of this chapter; 39 (h) The person responsible for the operation of a facility maintains such 40 records documenting the storage, transportation, dispensation and utiliza- 41 tion of LPG as may be required by the laws of the state of Idaho and the 42 rules adopted by the board;and43 (i) In the event a licensed facility ceases to have a licensed dealer in 2 1 its employ responsible for operation of the facility, all operation 2 involving practices regulated under this chapter shall cease and written 3 notification of such fact shall be submitted immediately to the board. In 4 the event a licensed facility fails to have a licensed dealer in its 5 employ responsible for the facility within thirty (30) days of said 6 notice, the facility license shall be summarily suspended until a licensed 7 dealer is so employed; and 8 (j) A certificate issued by an insurance company authorized to do busi- 9 ness in the state of Idaho as proof that the applicant has procured and 10 has in effect a general liability policy in the sum of not less than one 11 million dollars ($1,000,000) single limit. 12 (2) The board may adopt rules setting forth minimum general standards 13 covering the design, construction, location, installation and operation of 14 systems, equipment, pipes and containers for storing, handling, transporting 15 by tank truck or tank trailer, and using liquefied petroleum gases and speci- 16 fying the odorization of the gases and the degree thereof. 17 (3) The board shall adopt inspection rules regarding LPG facilities. 18 SECTION 2. That Section 54-5309, Idaho Code, be, and the same is hereby 19 amended to read as follows: 20 54-5309. IDAHO LIQUEFIED PETROLEUM GAS SAFETY BOARD. (1) There is hereby 21 established in the department of self-governing agencies the Idaho liquefied 22 petroleum gas safety board and the members thereof shall be appointed by the 23 governor. In making appointments, the governor shall give consideration to 24 recommendations submitted by the rocky mountain propane association and other 25 such nominations as may be received. If recommendations are not made within 26 sixty (60) days of notification and request, the governor may make appoint- 27 ments of any qualified individual. 28 (2) The board shall consist of five (5) members, two (2) of whom shall be 29 licensed dealers pursuant to the provisions of this chapter; and one (1) of 30 whom shall be a volunteerfiremanfirefighter in a rural area of the state; 31 and one (1) of whom shall be afiremanfirefighter employed by a city fire 32 department in the state; and one (1) of whom shall be a representative of the 33 general public not employed or otherwise connected with the practices or oper- 34 ations regulated pursuant to this chapter. 35 (3) The members of the first board shall serve for the following terms: 36 one (1) dealer member shall serve for one (1) year; one (1)firemanfirefight- 37 er member shall serve for two (2) years; one (1) dealer member shall serve for 38 three (3) years; and one (1)firemanfirefighter member and the public member 39 shall each serve for four (4) years. Each member shall serve from the effec- 40 tive date of appointment or until a successor is duly appointed and qualified. 41 Upon the expiration of the term of any member of the board, the governor shall 42 appoint the subsequent member for a term of four (4) years. No member shall be 43 appointed for more than two (2) successive terms. 44 (4) The governor may remove any member of the board for misconduct, 45 incompetence, neglect of duty, or for any other cause. 46 (5) Three (3) members of the board shall constitute a quorum, and may 47 exercise all the power and authority conferred on the board. 48 (6) Within thirty (30) days of the appointment of the first board and 49 annually thereafter, the members shall meet and elect from among the members 50 by majority vote of those present a chairman who shall serve for one (1) year. 51 (7) The board shall meet thereafter no less than annually at such times 52 and at such places as may be specified by the chairman or by the written 53 request of at least two (2) members. 3 1 (8) Each member of the board shall be compensated as provided in section 2 59-509(h), Idaho Code.
STATEMENT OF PURPOSE RS 16509 Amending section 54-5308, Idaho Code, to require that the licensed facility procures and has in effect a general liability policy of not less than one million dollars ($1,000,000); amending section 54-5309, Idaho Code, to change fireman to firefighter. FISCAL IMPACT There is no impact on general or dedicated funds. CONTACT Name: Tana Cory Agency: Bureau of Occupational Licenses Phone: 334-3233 STATEMENT OF PURPOSE/FISCAL IMPACT H 109