(430 ILCS 27/10)
Sec. 10.
Referendum; creation and termination of a program.
(a) Qualified industry organizations shall conduct at their own expense, a
referendum among producers and retail marketers for the creation of an Illinois
Propane Education and Research Council. The Council, if established, shall
reimburse the qualified industry organizations for the cost of the referendum
accounting and documentation. The referendum shall be conducted by an
independent auditing firm agreed to by the qualified industry organizations.
The results, as certified by an independent auditing firm, shall be submitted
to the Director within 30 days of certification. Voting rights in the
referendum shall be based on the volume of propane
produced or odorized propane sold in the previous calendar year. Upon
approval of those persons representing two-thirds
of the total volume of propane voted in the retail marketer class and
two-thirds of all propane voted in the producer class, the Council shall be
established, and shall be authorized to levy an assessment on odorized propane
in accordance with Section 20. All persons voting in the referendum shall
certify to the independent auditing firm the volume of propane represented by
their vote.
(b) On the Council's own initiative, or on petition to the Council by
producers and retail marketers representing 35% of the volume of propane
in each class, the Council shall, at its own expense, hold a referendum to be
conducted by an independent auditing firm selected by the Council, to determine
whether the industry favors termination or suspension of the Council.
Termination or suspension shall not take effect unless it is approved by
persons representing more than one-half of the total volume of odorized propane
in the retail marketer class and more than one-half the total volume of propane
in the
producer class.
(Source: P.A. 90-305, eff. 1-1-98.)
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