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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 - 2007
IN 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; and
43 (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 volunteer fireman firefighter in a rural area of the state;
31 and one (1) of whom shall be a fireman firefighter 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) fireman firefight-
37 er member shall serve for two (2) years; one (1) dealer member shall serve for
38 three (3) years; and one (1) fireman firefighter 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