323.105. Fee for odorized propane, amount--payment of assessment, when--fund created, use of moneys.
Fee for odorized propane, amount--payment of assessment, when--fundcreated, use of moneys.
323.105. 1. The commission shall set a fee for odorized propane inthe state and shall set the initial assessment at no greater than one-tenthof one cent per gallon. Thereafter, annual assessments shall be sufficientto cover the costs of the plans and programs of the commission. Theassessment shall not be greater than twenty-five hundredths of one cent pergallon of odorized propane. The assessment may not be raised by more thanone-tenth of one cent per gallon annually.
2. The owner of propane immediately prior to odorization in thisstate or the owner of odorized propane at the time of import into thisstate shall be responsible for the payment of the assessment on the volumeof propane at the time of import or odorization, whichever is later.Assessments shall be remitted to the commission on a monthly basis by thetwenty-fifth of the month following the month of collection. Nonodorizedpropane shall not be subject to assessment until odorized. For purposes ofcollection, all propane either odorized at terminal locations in Missourifor delivery to either in-state storage locations or propane odorized atterminal locations outside Missouri and delivered to Missouri as identifiedon a bill of lading shall be considered as assessable.
3. The commission may, by rule, establish an alternative means tocollect the assessment if another means is found to be more efficient andeffective. The commission may by rule establish a late payment charge andrate of interest to be imposed on any person who fails to remit any amountdue under this chapter.
4. The commission shall set fees for permits, licenses, andcertificates required by this chapter. Fees shall be determined by thecommission to provide sufficient funds for the operation of the commissionand its programs and shall be set by rule promulgated in accordance withthe provisions of section 323.020. The commission may alter the feeschedule once every two years. Any funds collected under this sectionshall be deposited in the propane inspection fund.
5. There is hereby created the "Propane Inspection Fund", which shallconsist of all funds collected under this section. The fund shall be usedsolely by the commission for the administration and enforcement of thischapter. Notwithstanding the provisions of section 33.080, RSMo, to thecontrary, any moneys remaining in the fund at the end of the biennium shallnot revert to the credit of the general revenue fund. Any interest andmoneys earned on investments of moneys in the fund shall be credited to thefund.
6. No funds collected by the commission shall be used in any mannerfor influencing legislation or for campaign contributions, except that thecommission may recommend to the director changes in this act* or otherstatutes that would further the purpose of the commission.
(L. 2007 H.B. 426)*"This act" (H.B. 426, 2007) contained numerous sections. Consult Disposition of Sections table for a definitive listing.