Nebraska Statutes 66-1617. Propane Education and Research Council; referendum for creation; approval
(1) One or more qualified industry organizations, which in the aggregate represent at least thirty-five percent of the total volume of odorized propane sold at retail in the State of Nebraska, may conduct a referendum among retail marketers for the creation of the Propane Education and Research Council. The organization conducting the referendum shall pay the cost of the referendum. If the council is established, the council shall reimburse the organization for the costs incurred by the independent accounting firm under subsection (2) of this section and any other costs for the referendum incurred which the council finds reasonable and necessary.
Terms Used In Nebraska Statutes 66-1617
- Council: means the Propane Education and Research Council established under sections 66-1617 and 66-1618. See Nebraska Statutes 66-1605
- Education: means any action which provides information, instruction, or safety guidelines about propane, propane equipment, mechanical and technical practices, and uses of propane to propane consumers or industry employees. See Nebraska Statutes 66-1606
- Industry: means those persons involved in the production, transportation, and sale of propane and in the manufacture and distribution of propane utilization equipment. See Nebraska Statutes 66-1607
- Odorized propane: means propane with odorant added. See Nebraska Statutes 66-1610
- Propane: means propane, butane, mixtures, and liquefied petroleum gas as defined by the National Fire Protection Association Standard 58 for the Storage and Handling of Liquefied Petroleum Gases the chemical composition of which is predominantly C3H8, whether recovered from natural gas or crude oil. See Nebraska Statutes 66-1612
- Qualified industry organization: means any organization or industry trade association the members of which are engaged in the sale or distribution of odorized propane to the ultimate consumer or the sale of propane utilization equipment to the ultimate consumer. See Nebraska Statutes 66-1613
- Research: means any type of study, investigation, or other activity performed by a qualified public or private research group for the purpose of advancing and improving the existing technology related to the propane industry, including the development of increased efficiency of propane use, of enhancing the safety of propane and propane utilization equipment, or of furthering the development of such information and products. See Nebraska Statutes 66-1614
- Retail marketer: means any person with bulk propane storage engaged in the sale of odorized propane to the ultimate consumer or to retail propane dispensers within Nebraska. See Nebraska Statutes 66-1615
- State: when applied to different states of the United States shall be construed to extend to and include the District of Columbia and the several territories organized by Congress. See Nebraska Statutes 49-801
- Year: shall mean calendar year. See Nebraska Statutes 49-801
(2) The referendum shall be conducted by an independent accounting firm selected by the qualified industry organization initiating the referendum. Each retail marketer voting in the referendum shall be allowed one vote for each gallon of retail odorized propane sold by such retail marketer within the State of Nebraska in the previous calendar year or other specified representative period. All persons voting in the referendum shall certify to the independent accounting firm the volume of odorized propane represented by their votes. This information shall be treated as confidential information. Only vote totals shall be made public.
(3) Upon approval by retail marketers representing a majority of the votes cast in the referendum, the qualified industry organization initiating the referendum shall certify the vote to the Governor, the Propane Education and Research Council shall be created, and its members shall be appointed by the Governor as provided in section 66-1618.