House File 348 HOUSE FILE BY COMMITTEE ON STATE GOVERNMENT (SUCCESSOR TO HSB 133) Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to the regulation of liquefied petroleum gas 2 storage tanks, making an appropriation, and providing 3 penalties. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 1628HV 80 6 tm/sh/8 PAG LIN 1 1 Section 1. NEW SECTION. 101.41 DEFINITIONS. 1 2 As used in this division, unless the context otherwise 1 3 requires: 1 4 1. "Liability policy" means an owner's policy of liability 1 5 insurance for a tank site or activities associated with the 1 6 tank site, provided as proof of financial responsibility, and 1 7 issued by an insurance carrier duly authorized to transact 1 8 business in this state, to or for the benefit of the person 1 9 named in the liability policy as insured. 1 10 2. "Liquefied petroleum gas storage tank" means a tank, 1 11 which is used to contain liquefied petroleum gas, and which 1 12 has a capacity of seven thousand gallons or more in volume. 1 13 3. "Operator" means a person in control of, or having 1 14 responsibility for, the daily operation of a liquefied 1 15 petroleum gas storage tank. 1 16 4. "Owner" means all of the following: 1 17 a. In the case of a liquefied petroleum gas storage tank 1 18 in use on or after July 1, 2003, a person who owns the 1 19 liquefied petroleum gas storage tank used for the storage, 1 20 use, or dispensing of liquefied petroleum gas. 1 21 b. In the case of a liquefied petroleum gas storage tank 1 22 in use before July 1, 2003, but no longer in use on or after 1 23 that date, a person who owned the tank immediately before the 1 24 discontinuation of its use. 1 25 5. "State fire marshal" means the state fire marshal or 1 26 the state fire marshal's designee. 1 27 6. "Tank site" means a liquefied petroleum gas storage 1 28 tank or grouping of liquefied petroleum gas storage tanks 1 29 within close proximity of each other located within a facility 1 30 for the purpose of storing liquefied petroleum gas. 1 31 Sec. 2. NEW SECTION. 101.42 LIABILITY POLICIES. 1 32 1. A liability policy shall designate, by explicit 1 33 description or by appropriate reference, all tank sites with 1 34 respect to which coverage is to be provided and shall insure 1 35 the person named in the policy against loss from liability 2 1 imposed by law for damages arising out of the ownership, 2 2 maintenance, or use of liquefied petroleum gas storage tanks 2 3 on an insured tank site. 2 4 2. A liability policy shall state the name and address of 2 5 the named insured, the coverage afforded by the policy, the 2 6 policy period, and the limits of liability which shall be not 2 7 less than one million dollars per tank site, and shall contain 2 8 an agreement or be endorsed that insurance is provided in 2 9 accordance with the coverage required in this division in 2 10 respect to bodily injury and death or property damage, or 2 11 both, and is subject to all the provisions of this division. 2 12 3. Any insurance policy that grants the coverage required 2 13 for a liability policy may also grant any lawful coverage in 2 14 excess of or in addition to the coverage specified for a 2 15 liability policy and such excess or additional coverage shall 2 16 not be subject to the provisions of this division. With 2 17 respect to an insurance policy that grants such excess or 2 18 additional coverage, the term "liability policy" shall apply 2 19 only to that part of the coverage which is required by this 2 20 division. 2 21 4. A liability policy may provide for the prorating of the 2 22 insurance thereunder with other valid and collectible 2 23 insurance. The requirements for a liability policy may be 2 24 fulfilled by the policies of one or more insurance carriers 2 25 which policies together meet such requirements. Any binder 2 26 issued pending the issuance of a liability policy shall be 2 27 deemed to fulfill the requirements for such a policy. 2 28 Sec. 3. NEW SECTION. 101.43 REPORT OF EXISTING AND NEW 2 29 TANKS == REGISTRATION FEE == STICKER == PENALTY. 2 30 1. The owner or operator of a liquefied petroleum gas 2 31 storage tank existing on or before July 1, 2003, shall 2 32 register the liquefied petroleum gas storage tank by notifying 2 33 the state fire marshal in writing by May 1, 2004, of the 2 34 existence of each tank. The notice shall also specify the 2 35 age, manufacturer's serial number, size, type, location, and 3 1 uses of the liquefied petroleum gas storage tank and shall be 3 2 in a form specified by the state fire marshal. 3 3 2. An owner or operator who brings into use a liquefied 3 4 petroleum gas storage tank after July 1, 2003, shall register 3 5 the liquefied petroleum gas storage tank by notifying the 3 6 state fire marshal in writing within thirty days of the 3 7 existence of the tank. The notice shall also specify the age, 3 8 manufacturer's serial number, size, type, location, and uses 3 9 of the liquefied petroleum gas storage tank and shall be in a 3 10 form specified by the state fire marshal. 3 11 3. The registration notice provided by an owner or 3 12 operator to the state fire marshal under subsection 1 or 2 3 13 shall be accompanied by a fee of twenty=five dollars for each 3 14 liquefied petroleum gas storage tank included in the notice 3 15 and the owner or operator shall furnish proof of financial 3 16 responsibility for the period of registration as provided in 3 17 section 101.44. The registration of all liquefied petroleum 3 18 gas storage tanks registered under subsection 1 or 2 shall be 3 19 renewed on an annual basis. All moneys collected pursuant to 3 20 this subsection shall be retained by the department of public 3 21 safety, deposited in the liquefied petroleum gas storage tank 3 22 registration fund established in section 101.50, and 3 23 appropriated for the use of the state fire marshal in 3 24 performance of the duties set forth in this division. An 3 25 annual registration renewal fee of twenty=five dollars for 3 26 each liquefied petroleum gas storage tank applies to all 3 27 owners or operators who filed a registration notice with the 3 28 state fire marshal pursuant to subsection 1 or 2. 3 29 4. A person who sells or constructs a tank intended to be 3 30 used as a liquefied petroleum gas storage tank shall notify 3 31 the purchaser of the tank in writing of the registration and 3 32 notification requirements of this section applicable to the 3 33 purchaser. 3 34 5. It is unlawful to make, cause to be made, or receive a 3 35 deposit of liquefied petroleum gas in a liquefied petroleum 4 1 gas storage tank which has not been registered pursuant to 4 2 subsection 1 or 2. 4 3 6. The state fire marshal shall furnish the owner or 4 4 operator of a liquefied petroleum gas storage tank with a 4 5 numbered registration sticker for each liquefied petroleum gas 4 6 storage tank registered with the state fire marshal. The 4 7 owner or operator shall affix the sticker next to or in close 4 8 proximity to the float or rotary gauge of each registered 4 9 liquefied petroleum gas storage tank. 4 10 7. It is the tank owner's or tank operator's duty to 4 11 comply with registration requirements. A late registration 4 12 penalty of fifty dollars is imposed in addition to the 4 13 registration fee for a tank registered after the required 4 14 date. The penalty shall be applicable for each year in which 4 15 the tank is operated without registration. 4 16 8. A liquefied petroleum gas storage tank that is subject 4 17 to regulation under or registration with either the federal 4 18 department of transportation or state department of 4 19 transportation, or both, is exempt from the registration 4 20 requirements of this division. 4 21 Sec. 4. NEW SECTION. 101.44 FINANCIAL RESPONSIBILITY. 4 22 1. A person required to register a liquefied petroleum gas 4 23 storage tank pursuant to section 101.43 shall furnish proof of 4 24 financial responsibility for damages occurring after the 4 25 effective date of the proof, arising out of the ownership, 4 26 maintenance, or use of the liquefied petroleum gas storage 4 27 tank. The proof shall be given through the existence of a 4 28 liability policy with liability limits of not less than one 4 29 million dollars per incident and two million dollars in the 4 30 aggregate. 4 31 2. Proof of financial responsibility shall be filed with 4 32 the state fire marshal in accordance with rules adopted by the 4 33 fire marshal pursuant to chapter 17A. Proof of financial 4 34 responsibility shall be in the form of a written certificate 4 35 of any insurance carrier duly authorized to do business in 5 1 this state certifying that there is in effect a liability 5 2 policy for the benefit of the person required to furnish proof 5 3 of financial responsibility. The certificate shall give the 5 4 effective date of such liability policy, which date shall be 5 5 the same as the effective date of the certificate, and shall 5 6 designate by explicit description the liquefied petroleum gas 5 7 storage tanks and tank sites covered. 5 8 3. When an insurance carrier has certified a liability 5 9 policy under this division, the certified liability policy 5 10 shall not be canceled or terminated until at least ten days 5 11 after a notice of cancellation or termination of the certified 5 12 liability policy is filed in the office of the state fire 5 13 marshal, except that a liability policy subsequently procured 5 14 and certified with the same or greater coverage shall, on the 5 15 effective date of its certification, serve to terminate the 5 16 liability policy previously issued. 5 17 4. Except as otherwise provided in this section, the state 5 18 fire marshal shall, upon request, consent to the immediate 5 19 cancellation of a liability policy for which a written 5 20 certificate has been filed pursuant to this chapter as proof 5 21 of financial responsibility in any of the following events: 5 22 a. In the event of the death of an individual on whose 5 23 behalf such proof was filed. 5 24 b. In the event of transfer of ownership of the liquefied 5 25 petroleum gas storage tank or tank site that is insured by the 5 26 liability policy, upon substitution of such proof on behalf of 5 27 the new owner. 5 28 5. The state fire marshal shall not consent to the 5 29 cancellation of a liability policy in the event an action for 5 30 damages based upon a liability covered by such liability 5 31 policy is then pending or a judgment upon any such liability 5 32 is unsatisfied, or in the event the person who has filed a 5 33 written certificate for such liability policy has within one 5 34 year immediately preceding such request been involved in an 5 35 accident involving a registered liquefied petroleum gas 6 1 storage tank covered by the liability policy resulting in 6 2 injury or damage to the person or property of others. An 6 3 affidavit of the person filing the written certificate as to 6 4 the nonexistence of such facts, or that the person filing the 6 5 written certificate has been released from all of such 6 6 person's liability, or has been finally adjudicated not to be 6 7 liable, for such injury or damage, shall be sufficient 6 8 evidence thereof in the absence of evidence to the contrary in 6 9 the records of the state fire marshal. 6 10 6. A person whose liability policy, when required under 6 11 this chapter, has been canceled or terminated shall not 6 12 display the person's registration stickers. 6 13 Sec. 5. NEW SECTION. 101.45 RULES. 6 14 The state fire marshal shall adopt rules pursuant to 6 15 chapter 17A necessary to administer this division. The rules 6 16 may provide for fees for inspections completed pursuant to 6 17 this division. The fees shall be reasonably related to costs 6 18 incurred by the state fire marshal in completing inspections. 6 19 Revenue generated from the fees shall be deposited in the 6 20 liquefied petroleum gas storage tank registration fund 6 21 established in section 101.50. 6 22 Sec. 6. NEW SECTION. 101.46 STATE FIRE MARSHAL == DUTIES 6 23 AND POWERS. 6 24 The state fire marshal shall do all of the following: 6 25 1. Conduct inspections and, when warranted, investigations 6 26 in response to complaints received or otherwise as determined 6 27 necessary by the state fire marshal. An inspection or 6 28 investigation shall be conducted subject to the procedures 6 29 provided in subsection 4. For purposes of developing a rule, 6 30 maintaining an accurate inventory, or enforcing this division, 6 31 the state fire marshal may: 6 32 a. At reasonable times, enter an establishment or other 6 33 place where a liquefied petroleum gas storage tank is located. 6 34 b. Inspect and obtain samples of liquefied petroleum gas 6 35 and conduct monitoring or testing of the tanks, associated 7 1 equipment, contents, or surrounding soils or air. An 7 2 inspection shall be commenced and completed with reasonable 7 3 promptness. 7 4 (1) If the state fire marshal obtains a sample, prior to 7 5 leaving the premises the state fire marshal shall give the 7 6 owner, operator, or agent in charge a receipt describing the 7 7 sample obtained and, if requested, a portion of each sample 7 8 equal in volume or weight to the portion retained. If the 7 9 state fire marshal causes the sample to be analyzed, a copy of 7 10 the results of the analysis shall be furnished promptly to the 7 11 owner, operator, or agent in charge. 7 12 (2) Documents or information obtained from a person 7 13 pursuant to this subsection shall be available to the public 7 14 except as provided in this subparagraph. Upon a showing 7 15 satisfactory to the state fire marshal that public disclosure 7 16 of documents or information, or a particular part of the 7 17 documents or information to which the state fire marshal has 7 18 access under this subsection, would divulge commercial or 7 19 financial information entitled to protection as a trade 7 20 secret, the state fire marshal shall consider the documents or 7 21 information or the particular portion of the documents or 7 22 information confidential. 7 23 2. Maintain an accurate inventory of liquefied petroleum 7 24 gas storage tanks. 7 25 3. Take any action allowed by law which, in the judgment 7 26 of the state fire marshal, is necessary to enforce or secure 7 27 compliance with this division or any rule adopted pursuant to 7 28 this division. 7 29 4. a. Conduct investigations of complaints received 7 30 directly or referred by other agencies, and conduct other 7 31 investigations deemed necessary. While conducting an 7 32 investigation, the state fire marshal may enter at any 7 33 reasonable time in and upon any private or public property to 7 34 investigate any actual or possible violation of this division 7 35 or the rules adopted under this division. However, the owner, 8 1 operator, or agent in charge shall be notified of such 8 2 entrance. 8 3 b. If the owner, operator, or agent in charge of any 8 4 property refuses admittance, or if prior to such refusal the 8 5 state fire marshal demonstrates the necessity for a warrant, 8 6 the state fire marshal may make application under oath or 8 7 affirmation to the district court of the county in which the 8 8 property is located for the issuance of a search warrant. 8 9 c. In the search warrant application the state fire 8 10 marshal shall state that an inspection of the premises is 8 11 mandated by the laws of this state or that a search of certain 8 12 premises, areas, or things designated in the application may 8 13 result in evidence tending to reveal the existence of 8 14 violations of public health, safety, or welfare requirements 8 15 imposed by statutes, rules, or ordinances established by the 8 16 state or a political subdivision of the state. The search 8 17 warrant application shall describe the area, premises, or 8 18 thing to be searched, give the date of the last inspection if 8 19 known, give the date and time of the proposed inspection, 8 20 declare the need for such inspection, recite that notice of 8 21 the desire to make an inspection has been given to affected 8 22 persons and that admission was refused if that be the fact, 8 23 and state that the inspection has no purpose other than to 8 24 carry out the purpose of the statute, rule, or ordinance 8 25 pursuant to which inspection is to be made. If an item of 8 26 property is sought by the state fire marshal, it shall be 8 27 identified in the application. 8 28 d. If the district court is satisfied from an examination 8 29 of the search warrant applicant, of other witnesses, and of 8 30 the application allegations regarding the existence of grounds 8 31 for the application, or that there is probable cause to 8 32 believe in their existence, the court may issue a search 8 33 warrant. 8 34 e. In making inspections and searches pursuant to the 8 35 authority of this division, the state fire marshal must 9 1 execute the warrant as follows: 9 2 (1) Within ten days after its date of issuance. 9 3 (2) In a reasonable manner, and any property seized shall 9 4 be treated in accordance with the provisions of chapters 808 9 5 and 809. 9 6 (3) Subject to any restrictions imposed by the statute, 9 7 rule, or ordinance pursuant to which inspection is made. 9 8 Sec. 7. NEW SECTION. 101.47 VIOLATIONS == ORDERS. 9 9 1. If substantial evidence exists that a person has 9 10 violated or is violating a provision of this division or a 9 11 rule adopted under this division, the state fire marshal may 9 12 issue an order directing the person to cease and desist in the 9 13 practice which constitutes the violation and to take 9 14 corrective action as necessary to ensure that the violation 9 15 will cease. The order may also include an appropriate 9 16 administrative penalty pursuant to section 101.48. The person 9 17 to whom the order is issued may appeal the order as provided 9 18 in chapter 17A and the rules of the department of public 9 19 safety and the state fire marshal. On appeal, an order of the 9 20 state fire marshal may be affirmed, modified, or vacated. 9 21 2. However, if it is determined by the state fire marshal 9 22 that an emergency exists respecting any matter affecting or 9 23 likely to affect the public health, the state fire marshal may 9 24 issue any order necessary to terminate the emergency without 9 25 notice and without hearing. The order is binding and 9 26 effective immediately and until the order is modified or 9 27 vacated at an administrative hearing or by a district court. 9 28 3. The state fire marshal may request the attorney general 9 29 to institute legal proceedings pursuant to section 101.48. 9 30 Sec. 8. NEW SECTION. 101.48 PENALTIES == BURDEN OF 9 31 PROOF. 9 32 1. A person who violates this division or a rule or order 9 33 adopted or issued pursuant to this division is subject to a 9 34 civil penalty not to exceed one hundred dollars for each day 9 35 during which the violation continues, up to a maximum of ten 10 1 thousand dollars. However, if a person violates this division 10 2 by failing to register a liquefied petroleum gas storage tank 10 3 under section 101.43, and if the tank is registered within 10 4 thirty days after the state fire marshal issues a cease and 10 5 desist order pursuant to section 101.47, subsection 1, the 10 6 civil penalty under this section shall not accrue. The civil 10 7 penalty is an alternative to a criminal penalty provided under 10 8 this section. 10 9 2. A person who knowingly fails to register under section 10 10 101.43 or makes a false statement, representation, or 10 11 certification in a record, report, or other document filed or 10 12 required to be maintained under this division, or violates an 10 13 order issued under this division, is guilty of an aggravated 10 14 misdemeanor. 10 15 3. The attorney general, at the request of the state fire 10 16 marshal, shall institute any legal proceeding, including an 10 17 action for an injunction, necessary to enforce the penalty 10 18 provisions of this division or to obtain compliance with the 10 19 provisions of this division or rules adopted or order issued 10 20 pursuant to this division. In any action, previous findings 10 21 of fact of the state fire marshal after notice and hearing are 10 22 conclusive if supported by substantial evidence in the record 10 23 when the record is viewed as a whole. 10 24 4. In all proceedings with respect to an alleged violation 10 25 of this division or a rule adopted or order issued by the 10 26 state fire marshal pursuant to this division, the burden of 10 27 proof is upon the state fire marshal. 10 28 5. If the attorney general has instituted legal 10 29 proceedings in accordance with this section, all related 10 30 issues which could otherwise be raised by the alleged violator 10 31 in a proceeding for judicial review under section 101.49 shall 10 32 be raised in the legal proceedings instituted in accordance 10 33 with this section. 10 34 Sec. 9. NEW SECTION. 101.49 JUDICIAL REVIEW. 10 35 Except as provided in section 101.48, subsection 5, 11 1 judicial review of an order or other action of the state fire 11 2 marshal pursuant to this division or rule adopted pursuant to 11 3 this division may be sought in accordance with chapter 17A. 11 4 Notwithstanding chapter 17A, petitions for judicial review may 11 5 be filed in the district court of the county in which the 11 6 alleged offense was committed or the final order was entered. 11 7 Sec. 10. NEW SECTION. 101.50 LIQUEFIED PETROLEUM GAS 11 8 STORAGE TANK REGISTRATION FUND. 11 9 1. A liquefied petroleum gas storage tank registration 11 10 fund is created as a separate fund in the state treasury under 11 11 the control of the department of public safety, division of 11 12 fire protection. Interest, fees, and other moneys earned by 11 13 the fund shall be deposited in the fund. Moneys credited to 11 14 the fund shall be administered by the department of public 11 15 safety and expended by the division of fire protection for the 11 16 purposes of administering this chapter, including the 11 17 employment of personnel. 11 18 2. Notwithstanding section 8.33, moneys credited to the 11 19 fund which remain unobligated or unexpended at the close of 11 20 the fiscal year shall not revert to the general fund of the 11 21 state. 11 22 EXPLANATION 11 23 This bill relates to the regulation of liquefied petroleum 11 24 gas storage tanks. 11 25 The bill requires an owner or operator of a liquefied 11 26 petroleum gas storage tank existing on or before July 1, 2003, 11 27 to register the tank by notifying the state fire marshal in 11 28 writing by May 1, 2004, of the existence of each tank. The 11 29 bill requires an owner or operator who brings into use a 11 30 liquefied petroleum gas storage tank after July 1, 2003, to 11 31 register the tank by notifying the state fire marshal in 11 32 writing within 30 days of the existence of the tank. The bill 11 33 requires a $25 registration fee for each tank and requires 11 34 proof of financial responsibility for the period of 11 35 registration to accompany the notice. The bill requires a 12 1 renewal of the registration on an annual basis. The bill 12 2 provides that all registration fees collected shall be 12 3 retained by the department of public safety, deposited in a 12 4 liquefied petroleum gas storage tank registration fund, and 12 5 appropriated for the use of the state fire marshal in 12 6 performance of the duties set forth in the bill. 12 7 The bill requires a person who sells or constructs a tank 12 8 intended to be used as a liquefied petroleum gas storage tank 12 9 to notify the purchaser of the tank in writing of the state 12 10 fire marshal registration and notification requirements 12 11 applicable to the purchaser. The bill provides that it is 12 12 unlawful to make, cause to be made, or receive a deposit of 12 13 liquefied petroleum gas in a liquefied petroleum gas storage 12 14 tank which has not been registered with the state fire 12 15 marshal. The bill provides that the state fire marshal shall 12 16 furnish the owner or operator of a liquefied petroleum gas 12 17 storage tank with a numbered registration sticker for each 12 18 liquefied petroleum gas storage tank registered with the state 12 19 fire marshal. The bill provides that a late registration 12 20 penalty of $50 is imposed in addition to the registration fee 12 21 for a tank registered after the required date. The bill 12 22 provides that a liquefied petroleum gas storage tank which is 12 23 subject to regulation by or registration with either the 12 24 federal department of transportation or state department of 12 25 transportation, or both, is exempt from the state fire marshal 12 26 registration requirements. 12 27 The bill requires a person who registers a liquefied 12 28 petroleum gas storage tank to furnish proof of financial 12 29 responsibility for damages occurring after the effective date 12 30 of the proof, arising out of the ownership, maintenance, or 12 31 use of liquefied petroleum gas storage tanks. The proof shall 12 32 be given through the existence of a liability policy with 12 33 liability limits not less than $1 million per incident and $2 12 34 million in the aggregate. The bill provides the procedure and 12 35 requirements for furnishing proof of financial responsibility. 13 1 The bill provides that when an insurance carrier has certified 13 2 a liability policy, the liability policy shall not be canceled 13 3 or terminated until at least 10 days after a notice of 13 4 cancellation or termination of the certified liability policy 13 5 is filed in the office of the state fire marshal, except that 13 6 a liability policy subsequently procured and certified with 13 7 the same or greater coverage shall, on the effective date of 13 8 its certification, serve to terminate the liability policy 13 9 previously issued. 13 10 The bill provides that, except as otherwise provided, the 13 11 state fire marshal shall, upon request, consent to the 13 12 immediate cancellation of a liability policy as proof of 13 13 financial responsibility in the event of the death of an 13 14 individual on whose behalf such proof was filed and in the 13 15 event of transfer of ownership upon substitution of such proof 13 16 on behalf of the new owner. The bill provides that the state 13 17 fire marshal shall not consent to the cancellation of a 13 18 liability policy in the event an action for damages upon a 13 19 liability covered by such proof is then pending or a judgment 13 20 upon any such liability is unsatisfied, or in the event the 13 21 person who has filed such liability policy has within one year 13 22 immediately preceding such request been involved in an 13 23 accident involving a registered tank covered by the liability 13 24 policy resulting in injury or damage to the person or property 13 25 of others. The bill provides that a person whose liability 13 26 policy has been canceled or terminated shall not display their 13 27 registration stickers. 13 28 The bill provides that the state fire marshal shall conduct 13 29 inspections and, when warranted, investigations in response to 13 30 complaints received or otherwise as determined necessary by 13 31 the state fire marshal. The bill provides that the state fire 13 32 marshal may, at reasonable times, enter an establishment or 13 33 other place where a liquefied petroleum gas storage tank is 13 34 located and inspect and obtain samples of liquefied petroleum 13 35 gas and conduct monitoring or testing of the tanks, associated 14 1 equipment, contents, or surrounding soils or air. The bill 14 2 provides that if the state fire marshal obtains a sample, 14 3 prior to leaving the premises the state fire marshal shall 14 4 give the owner, operator, or agent in charge a receipt 14 5 describing the sample obtained and, if requested, a portion of 14 6 each sample equal in volume or weight to the portion retained. 14 7 The bill provides that if the state fire marshal causes the 14 8 sample to be analyzed, a copy of the results of the analysis 14 9 shall be furnished promptly to the owner, operator, or agent 14 10 in charge. The bill provides that documents or information 14 11 obtained from a person shall be available to the public unless 14 12 a showing satisfactory to the state fire marshal that public 14 13 disclosure of documents or information, or a particular part 14 14 of the documents or information to which the state fire 14 15 marshal has access, would divulge commercial or financial 14 16 information entitled to protection as a trade secret. 14 17 The bill requires the state fire marshal to maintain an 14 18 accurate inventory of liquefied petroleum gas storage tanks 14 19 and to take any action allowed by law which, in the judgment 14 20 of the state fire marshal, is necessary to enforce or secure 14 21 compliance. The bill requires the state fire marshal to 14 22 conduct investigations of complaints received directly or 14 23 referred by other agencies, and conduct other investigations 14 24 deemed necessary. The bill provides that if the owner, 14 25 operator, or agent in charge of any property refuses 14 26 admittance, or if prior to such refusal the state fire marshal 14 27 demonstrates the necessity for a warrant, the state fire 14 28 marshal may make application under oath or affirmation to the 14 29 district court of the county in which the property is located 14 30 for the issuance of a search warrant. 14 31 The bill provides that if substantial evidence exists that 14 32 a person has violated or is violating a provision of this 14 33 bill, the state fire marshal may issue an order directing the 14 34 person to desist in the practice which constitutes the 14 35 violation and to take corrective action as necessary to ensure 15 1 that the violation will cease. The bill provides that the 15 2 order may also include an appropriate administrative penalty. 15 3 The bill provides that the person to whom the order is issued 15 4 may appeal the order as provided in Code chapter 17A. The 15 5 bill provides that if it is determined by the state fire 15 6 marshal that an emergency exists respecting any matter 15 7 affecting or likely to affect the public health, the state 15 8 fire marshal may issue any order necessary to terminate the 15 9 emergency without notice and without hearing. The bill 15 10 provides that the state fire marshal may request the attorney 15 11 general to institute legal proceedings. 15 12 The bill provides that a person who violates a provision of 15 13 this bill is subject to a civil penalty not to exceed $100 for 15 14 each day during which the violation continues, up to a maximum 15 15 of $10,000. However, if an unregistered tank is registered 15 16 within 30 days after the state fire marshal issues a cease and 15 17 desist order, the civil penalty shall not accrue. The bill 15 18 provides that a civil penalty is an alternative to a criminal 15 19 penalty. The bill provides that a person who knowingly fails 15 20 to register a tank or makes a false statement, representation, 15 21 or certification in a record, report, or other document filed 15 22 or required to be maintained, or violates an order issued by 15 23 the state fire marshal, is guilty of an aggravated 15 24 misdemeanor. The bill provides that the attorney general, at 15 25 the request of the state fire marshal, shall institute any 15 26 legal proceedings, including an action for an injunction, 15 27 necessary to enforce penalty provisions or to obtain 15 28 compliance. 15 29 The bill provides that a liquefied petroleum gas storage 15 30 tank registration fund is created as a separate fund in the 15 31 state treasury under the control of the department of public 15 32 safety, division of fire protection. The bill provides that 15 33 moneys credited to the fund shall be administered by the 15 34 department of public safety and expended by the division of 15 35 fire protection for the purposes of administering the 16 1 provisions of the bill, including the employment of personnel. 16 2 LSB 1628HV 80 16 3 tm/sh/8