Section 414.570

Title XXVI TRADE AND COMMERCE

Chapter 414

Effective - 28 Aug 2012   

  414.570.  Assessment, amount — payment — late payment, charges — investment of funds — rulemaking authority. — 1.  The council shall set the initial assessment at no greater than one-tenth of one cent per gallon.  Thereafter, annual assessments shall be sufficient to cover the costs of the plans and programs developed by the council and approved following public comment.  The assessment shall not be greater than one-half cent per gallon of odorized propane.  The assessment may not be raised by more than one-tenth of one cent per gallon annually.

  2.  The owner of propane immediately prior to odorization in this state or the owner at the time of import into this state of odorized propane shall be responsible for the payment of the assessment on the volume of propane at the time of import or odorization, whichever is later.  Assessments shall be remitted to the council on a monthly basis by the twenty-fifth of the month following the month of collection.  Nonodorized propane shall not be subject to assessment until odorized.

  3.  The council may by regulation establish an alternative means to collect the assessment if another means is found to be more efficient and effective.  The council may by regulation establish a late payment charge and rate of interest not to exceed the legal rate for judgments to be imposed on any person who fails to remit to the council any amount due under sections 414.500 to 414.590.

  4.  Pending disbursement pursuant to a program, plan or project, the council may invest funds collected through assessments and any other funds received by the council only in obligations of the United States or any agency thereof, in general obligations of any state or any political subdivision thereof, in any interest-bearing account or certificate of deposit of a bank that is a member of the Federal Reserve System, or in obligations fully guaranteed as to principal and interest by the United States.

  5.  Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028.  This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2012, shall be invalid and void.

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(L. 1993 S.B. 178 § 8, A.L. 2012 H.B. 1251 merged with H.B. 1647)