323.025. Missouri propane gas commission created, powers and duties, members, terms, meetings--executive director--secretary to keep records--surety bond for members--annual report.
Missouri propane gas commission created, powers and duties, members,terms, meetings--executive director--secretary to keeprecords--surety bond for members--annual report.
323.025. 1. There is hereby created within the department ofagriculture the "Missouri Propane Gas Commission", which shall constitute abody corporate and politic, an independent instrumentality exercisingessential public functions. The commission shall ensure the administrationand enforcement of this chapter and all rules and regulations and orderspromulgated thereunder. The powers of the commission shall be vested innine commissioners, who shall be residents of this state, to be appointedby the governor, by and with the advice and consent of the senate. Thecommission shall consist of one member representing multistate retailmarketers of propane, one member representing wholesalers or resellers ofpropane, one member from a county of the third classification representingretail marketers of propane, one member who is affiliated with theMechanical Contractors Association in Missouri, one member affiliated withthe Plumbing Industry Council, one member representing an affiliatedindustry, one member representing the department of agriculture, one memberrepresenting the department of natural resources, and one public member.The commissioners annually shall elect from among their number a chairmanand a vice chairman, and such other officers as they may deem necessary.
2. The commissioners shall serve five-year terms, with each termbeginning July first and ending on June thirtieth. However, of thecommissioners first appointed, two shall be appointed for a term of twoyears, two shall be appointed for a term of three years, two shall beappointed for a term of four years, and three shall be appointed for a termof five years. Each commissioner appointed thereafter shall be appointedfor a term ending five years from the date of expiration of the term forwhich his predecessor was appointed. A person appointed to fill a vacancyprior to the expiration of such a term shall be appointed for the remainderof the term. No commissioner appointed by the governor under this sectionshall serve more than one full term. For those commissioners firstappointed, if such commissioner serves a term less than five years, eachshall be eligible to serve one full five-year term. Each commissionershall hold office for the term of such appointment and until such successorhas been appointed and qualified.
3. Other than the public member, commission members shall befull-time employees or owners of businesses in the industry or the agencythey represent.
4. Notwithstanding the provisions of any other law to the contrary:
(1) No officer or employee of this state shall be deemed to haveforfeited or shall forfeit such office or employment by reason of hisacceptance of membership on the commission or such service to thecommission;
(2) It shall not constitute a conflict of interest for a director,officer, or employee of any company selling propane at retail or wholesale,or engaged in the manufacture, sale, installation, or distribution ofpropane-use equipment, the contracting of propane piping systems, or in thetransportation, storage, or marketing of propane, or any other firm,person, or corporation, to serve as a member of the commission, providedsuch trustee, director, officer, or employee shall abstain fromdeliberation, action, and vote by the commission in each instance where thebusiness affiliation or public office association of any such trustee,director, officer, or employee is involved.
5. Commissioners shall receive no compensation for the performance oftheir duties under this section, but each commissioner shall be reimbursedfrom the funds of the commission for his or her actual and necessaryexpenses incurred in carrying out his or her official duties.
6. Meetings shall be held at the call of the chairman or whenever twocommissioners so request. Five commissioners of the commission shallconstitute a quorum, and any action taken by the commission under theprovisions of this chapter may be authorized by resolution approved by amajority, but not less than four of the commissioners present at anyregular or special meeting. No vacancy in the membership of the commissionshall impair the right of a quorum to exercise all the rights and performall the duties of the commission.
7. The commissioners shall employ an executive director. Theexecutive director also shall serve as the secretary for the commission andshall administer, manage, and direct the affairs and business of thecommission, subject to the policies, control, and direction of thecommissioners. The commission may employ technical experts and such otherofficers, agents, and employees as deemed necessary, and may fix theirqualifications, duties, and compensation.
8. The secretary shall keep a record of the proceedings of thecommission and shall be custodian of all books, documents, and papers filedwith the commission and of its minute book and seal. The secretary shallhave the authority to cause to be made copies of all minutes and otherrecords and documents of the commission and to give certificates, under theseal of the commission, to the effect that such copies are true copies, andall persons dealing with the commission may rely upon such certificates.Resolutions of the persons dealing with the commission need not bepublished or posted unless the commission shall so direct.
9. Before entering into his or her duties, each commissioner of thecommission shall execute a surety bond for fifty thousand dollars, and thedirector shall execute a surety bond for one hundred thousand dollars or,in lieu thereof, the chairman of the commission shall execute a blanketbond covering all members, the director, and the employees or otherofficers of the commission. Each surety bond shall be conditioned on thefaithful performance of the duties of the office or offices covered, shallbe executed by a surety company authorized to transact business in thisstate as surety, shall be approved by the attorney general, and shall befiled in the office of the secretary of state. The cost of each such bondshall be paid by the commission.
10. At the beginning of each fiscal year, the commission shallprepare and submit for public comment a budget plan, including the probablecosts of all programs, projects, and contracts and a recommended rate ofassessment as may be necessary to cover such costs. Publication of theproposed budget in the Missouri Register for at least thirty days shallconstitute appropriate public notice. The commission shall approve ormodify the budget following the public comment period.
11. The commission shall, following the close of each fiscal year,submit an annual report of its activities for the preceding year to thedepartment of agriculture, the governor, and the general assembly. Eachreport shall set forth a complete operating and financial statement for thecommission during the fiscal year it covers. At least once in each year,an independent certified public accountant shall audit the books andaccounts of the commission.
12. The commission shall have the power necessary to:
(1) Sue and be sued in its own name;
(2) Have an official seal and alter the same at pleasure;
(3) Have perpetual succession;
(4) Maintain an office at such place or places within this state asthe commission may designate;
(5) Conduct hearings and mediate disputes arising from theenforcement of this chapter;
(6) Disperse funds for its lawful activities and fix salaries andwages of its employees; and
(7) Exercise all powers necessary or convenient to accomplish itspurposes.
13. The commission shall have the following duties:
(1) Develop comprehensive plans and programs for the prevention,control and abatement of propane-related accidents in Missouri;
(2) Mandate a comprehensive certification training program based onthe department of agriculture's existing liquified petroleum gascertification and training program;
(3) Promulgate by rule by August 28, 2010, a statewide code for theinstallation of propane-related equipment;
(4) Advise, consult, and cooperate with other agencies of the state,the federal government, other states, and interstate agencies, as well aswith affected groups, political subdivisions, and industries in furtheranceof the purposes of this chapter;
(5) Accept gifts, contributions, donations, loans and grants from thefederal government and from other sources, public or private, for carryingout any of its functions. Such funds shall not be expended for other thanthe purposes for which provided;
(6) Exercise general supervision of the administration andenforcement of this chapter and all rules, regulations, and orderspromulgated hereunder;
(7) Suspend any registration filed under this chapter granted topersons or companies doing business under the requirements of this chapter,if such registrant is in violation of any provision of this chapter;
(8) Represent the state of Missouri in all matters pertaining to thischapter, including negotiation of interstate compact agreements;
(9) To do any act necessary or convenient to the exercise of thepowers granted by or reasonably implied from the provisions of thischapter.
14. The director may make such investigations as the director deemsnecessary to carry out effectively the director's responsibilities underthis chapter or to determine whether a person has engaged or is engaging inacts or practices that constitute a violation of any provision of thischapter or of any regulation or plan issued under this chapter. For thepurpose of any investigation, the director is empowered to administer oathsand affirmations, subpoena witnesses, compel their attendance, takeevidence, and require the production of books, papers, and documents whichare relevant to the inquiry. Such attendance of witnesses and theproduction of any such records may be required from any place in thisstate. In case of contumacy by or refusal to obey a subpoena issued to anyperson, the director may seek enforcement thereof in the circuit court ofproper venue.
15. The Missouri propane gas commission is hereby authorized toregulate the inspection of and provide specifications for propane asprovided in this section.
16. A commissioner shall be removed from office by the governor formisfeasance, malfeasance, or willful neglect of duty or other cause afternotice and public hearing, unless such notice or hearing shall be expresslywaived in writing.
17. The director or any designated employee shall have free access,during reasonable hours, to any premises in the state where an installationcovered by this chapter is being constructed, or is being installed, forthe purpose of ascertaining whether said installation is being constructedand installed in accordance with the applicable provisions.
(L. 2007 H.B. 426)