Public Act 093-0716
 
HB3937 Enrolled LRB093 14475 RXD 20209 b

    AN ACT concerning propane.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Propane Education and Research Act
of 1997 is amended by changing Section 15 as follows:
 
    (430 ILCS 27/15)
    Sec. 15. Illinois Propane Education and Research Council.
    (a) The qualified industry organizations shall select all
retail marketers, public, and producer members of the Council.
The producer organizations shall select the producer members of
the Council, the retail marketer organizations shall select
retail marketer members, and all qualified industry
organizations shall jointly select the public members.
Vacancies in the unfinished terms of Council members shall be
filled in the same manner as were the original appointments.
    (b) In selecting members of the Council, the qualified
industry organizations shall give due regard to selecting a
Council that is representative of the industry, including
representation of:
        (1) gas processors and oil refiners among producers;
        (2) interstate and intrastate operators among retail
    marketers;
        (3) large and small companies among producers and
    retail marketers, including agricultural cooperatives; and
        (4) diverse geographic regions of the State.
    (c) The Council shall consist of 12 members, with 6 5
members representing retail marketers, 4 5 members
representing producers, and 2 public members. Other than the
public members, Council members shall be full-time employees or
owners of businesses in the industry or representatives of
agricultural cooperatives. No employee of a qualified industry
organization shall serve as a member of the Council, and no
member of the Council may serve concurrently as an officer of
the board of directors of a qualified industry organization or
other trade association. Only one person at a time from any
company or its affiliate may serve on the Council. The Director
may serve as an ex-officio non-voting member of the Council.
    (d) Council members shall receive no compensation for their
services. , nor shall Council members be reimbursed for expenses
relating to their service, except that public members, upon
request, may be reimbursed for reasonable expenses directly
related to their participation in Council meetings.
    (e) Council members shall serve terms of 3 years and may
not serve more than 2 full consecutive terms. Members filling
unexpired terms may serve not more than a total of 7
consecutive years. Former members of the Council may be
returned to the Council if they have not been members for a
period of 2 years. Initial appointments to the council shall be
for terms of 1, 2, and 3 years staggered to provide for the
selection of 4 members each year. The Council shall notify the
Director of the name, address, and propane-related
affiliation, if any, of a Council member within 30 days after
the appointment of the member to the Council.
    (f) The Council shall develop programs and projects and
enter into contracts or agreements for implementing this Act,
including programs to enhance consumer and employee safety and
training, to provide for research and development of clean and
efficient propane utilization equipment, to inform and educate
the public about safety and other issues associated with the
use of propane, and to provide for the payment of the costs
thereof with funds collected pursuant to this Act. The Council
shall coordinate its activities with industry trade
associations and others as appropriate to provide efficient
delivery of services and to avoid unnecessary duplication of
activities.
    (g) Issues related to research and development, safety,
education, and training shall be given priority by the Council
in the development of its programs and projects.
    (h) The Council shall select from among its members a
Chairperson and other officers as necessary, may establish
committees and subcommittees of the Council, and shall adopt
rules and bylaws for the conduct of business and the
implementation of this Act. The Council shall establish
procedures for the solicitation of industry comment and
recommendations on any significant plans, programs, and
projects to be funded by the Council. The Council may establish
advisory committees of persons other than Council members.
    (i) At the beginning of each fiscal period, the Council
shall prepare a budget plan for the next fiscal period,
including the probable cost of all programs, projects, and
contracts and a recommended rate of assessment sufficient to
cover such costs. The Council shall submit the proposed budget
to the Director for review and comment. The Director may
recommend programs and activities considered appropriate.
    (j) The Council shall keep minutes, books, and records that
clearly reflect all of the acts and transactions of the Council
and make public such information. The books of the Council
shall be audited by a certified public accountant at least once
each fiscal year and at such other times as the Council may
designate. The expense of the audit shall be the responsibility
of the Council. Copies of such audit shall be provided to all
members of the Council, all qualified industry organizations,
and to other members of the industry upon request.
(Source: P.A. 90-305, eff. 1-1-98.)

Effective Date: 1/1/2005