414.530. 1. The director shall conduct a referendum assoon as possible among producers and Missouri retail marketers ofpropane to authorize the creation of the "Missouri PropaneEducation and Research Council" and the levying of an assessmenton odorized propane. Upon approval of those persons representingtwo-thirds of the total gallonage of odorized propane voted inthe retail marketer class and two-thirds of all propane voted inthe producer class, meaning propane sold or produced in theprevious calendar year or other representative period, thedirector shall issue an order establishing the council and callfor nominations to the council from qualified industryorganizations. All persons voting in the referendum shallcertify to the director the number of gallons represented bytheir vote.
2. On the director's own initiative, upon petition of thecouncil or of producers and marketers representing thirty-fivepercent of the gallons in each class, the director shall hold areferendum to determine whether the industry favors terminationor suspension of the order. The termination or suspension shallnot take effect unless it is approved by those personsrepresenting more than one-half of the total gallonage ofodorized propane in the marketer class and one-half of allpropane in the producer class.
3. The director may require such reports or documentationas is necessary to document the referendum process and thenomination process for members of the council and shall protectthe confidentiality of all such documentation provided byindustry members. Information regarding propane produced ormarketed by persons voting shall be a closed record.
(L. 1993 S.B. 178 ยง 4)