093_HB3937

                                     LRB093 14475 RXD 20209 b

 1        AN ACT concerning propane.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5. The Illinois Propane  Education  and  Research
 5    Act of 1997 is amended by changing Section 15 as follows:

 6        (430 ILCS 27/15)
 7        Sec.   15.    Illinois  Propane  Education  and  Research
 8    Council.
 9        (a)  The qualified industry  organizations  shall  select
10    all  retail  marketers,  public,  and producer members of the
11    Council.   The  producer  organizations  shall   select   the
12    producer   members   of  the  Council,  the  retail  marketer
13    organizations shall select retail marketer members,  and  all
14    qualified  industry  organizations  shall  jointly select the
15    public members.  Vacancies in the unfinished terms of Council
16    members shall be filled  in  the  same  manner  as  were  the
17    original appointments.
18        (b)  In  selecting  members of the Council, the qualified
19    industry organizations shall give due regard to  selecting  a
20    Council  that  is  representative  of the industry, including
21    representation of:
22             (1)  gas   processors   and   oil   refiners   among
23        producers;
24             (2)  interstate  and  intrastate   operators   among
25        retail marketers;
26             (3)  large  and  small companies among producers and
27        retail marketers,  including  agricultural  cooperatives;
28        and
29             (4)  diverse geographic regions of the State.
30        (c)  The  Council  shall  consist of 12 members, with 6 5
31    members  representing   retail   marketers,   4   5   members
 
                            -2-      LRB093 14475 RXD 20209 b
 1    representing producers, and 2 public members.  Other than the
 2    public  members, Council members shall be full-time employees
 3    or owners of businesses in the industry or representatives of
 4    agricultural  cooperatives.   No  employee  of  a   qualified
 5    industry organization shall serve as a member of the Council,
 6    and  no  member  of  the Council may serve concurrently as an
 7    officer of the board of directors  of  a  qualified  industry
 8    organization  or other trade association.  Only one person at
 9    a time from any company or its affiliate  may  serve  on  the
10    Council.  The  Director may serve as an ex-officio non-voting
11    member of the Council.
12        (d)  Council members shall receive  no  compensation  for
13    their  services., nor shall Council members be reimbursed for
14    expenses  relating  to  their  service,  except  that  public
15    members, upon  request,  may  be  reimbursed  for  reasonable
16    expenses  directly  related to their participation in Council
17    meetings.
18        (e)  Council members shall serve terms of 3 years and may
19    not serve  more  than  2  full  consecutive  terms.   Members
20    filling  unexpired terms may serve not more than a total of 7
21    consecutive years.  Former members  of  the  Council  may  be
22    returned  to  the Council if they have not been members for a
23    period of 2 years.  Initial appointments to the council shall
24    be for terms of 1, 2, and 3 years staggered  to  provide  for
25    the  selection  of  4  members  each  year. The Council shall
26    notify the Director of the name, address, and propane-related
27    affiliation, if any, of a Council member within 30 days after
28    the appointment of the member to the Council.
29        (f)  The Council shall develop programs and projects  and
30    enter into contracts or agreements for implementing this Act,
31    including  programs  to  enhance consumer and employee safety
32    and training, to provide  for  research  and  development  of
33    clean  and efficient propane utilization equipment, to inform
34    and  educate  the  public  about  safety  and  other   issues
 
                            -3-      LRB093 14475 RXD 20209 b
 1    associated  with  the  use of propane, and to provide for the
 2    payment of the costs thereof with funds collected pursuant to
 3    this Act.  The Council shall coordinate its  activities  with
 4    industry  trade  associations  and  others  as appropriate to
 5    provide  efficient  delivery  of  services   and   to   avoid
 6    unnecessary duplication of activities.
 7        (g)  Issues  related to research and development, safety,
 8    education, and  training  shall  be  given  priority  by  the
 9    Council in the development of its programs and projects.
10        (h)  The  Council  shall  select from among its members a
11    Chairperson and other officers as  necessary,  may  establish
12    committees  and subcommittees of the Council, and shall adopt
13    rules  and  bylaws  for  the  conduct  of  business  and  the
14    implementation of this  Act.   The  Council  shall  establish
15    procedures  for  the  solicitation  of  industry  comment and
16    recommendations  on  any  significant  plans,  programs,  and
17    projects to be  funded  by  the  Council.   The  Council  may
18    establish  advisory  committees of persons other than Council
19    members.
20        (i)  At the beginning of each fiscal period, the  Council
21    shall  prepare  a  budget  plan  for  the next fiscal period,
22    including the probable cost of all  programs,  projects,  and
23    contracts  and a recommended rate of assessment sufficient to
24    cover such costs.  The  Council  shall  submit  the  proposed
25    budget  to the Director for review and comment.  The Director
26    may recommend programs and activities considered appropriate.
27        (j)  The Council shall keep minutes, books,  and  records
28    that  clearly reflect all of the acts and transactions of the
29    Council and make public such information.  The books  of  the
30    Council  shall be audited by a certified public accountant at
31    least once each fiscal year and at such other  times  as  the
32    Council  may designate. The expense of the audit shall be the
33    responsibility of the Council. Copies of such audit shall  be
34    provided  to  all  members  of  the  Council,  all  qualified
 
                            -4-      LRB093 14475 RXD 20209 b
 1    industry  organizations, and to other members of the industry
 2    upon request.
 3    (Source: P.A. 90-305, eff. 1-1-98.)