414.560. Selection of members--number of members, compensation, terms--chairman, president--budget--programs and projects--records--costs. - Missouri Statutes

Selection of members--number of members, compensation,terms--chairman, president--budget--programs andprojects--records--costs.

414.560. 1. Upon issuance of an order by the director establishingthe Missouri propane education and research council, the director shallselect all members of the council from a list of nominees submitted byqualified industry organizations. Vacancies in unfinished terms of councilmembers may be filled by the council, subject to approval of the director.

2. In making nominations and appointments to the council, thequalified industry organizations and the director shall give due regard toselecting a council that is representative of the industry, and thegeographic regions of the state.

3. The council shall consist of fifteen members, with nine membersrepresenting retail marketers of propane; three members representingwholesalers or resellers of propane; two members representing manufacturersand distributors of gas use equipment, wholesalers or resellers, ortransporters; and one public member. Other than the public member, councilmembers shall be full-time employees or owners of businesses in theindustry.

4. Council members shall receive no compensation for their services,but shall be reimbursed for reasonable expenses incurred in the performanceof their duties.

5. Council members shall serve terms of three years; except that ofthe initial members appointed, five shall be appointed for terms of oneyear, five shall be appointed for terms of two years and five shall beappointed for terms of three years. Members may be appointed to a maximumof two consecutive full terms. Members filling unexpired terms will nothave any partial term of service count against the two-term limitation.Former members of the council may be reappointed to the council if theyhave not been members for a period of one year.

6. The council shall select from among its members a chairman andother officers as necessary, establish committees and subcommittees of thecouncil, and adopt rules and bylaws for the conduct of business. Thecouncil may establish advisory committees of persons other than councilmembers.

7. The council may employ a president to serve as chief executiveofficer and such other employees as it deems necessary. The council mayenter into contracts with, use facilities and equipment of, or employpersonnel of a qualified industry organization in carrying out itsresponsibilities under sections 414.500 to 414.590. It shall determine thecompensation and duties of each, and protect the handling of council fundsthrough fidelity bonds.

8. At the beginning of each fiscal period, the council shall prepareand submit to the director a budget plan including the probable costs ofall programs, projects and contracts and a recommended rate of assessmentsufficient to cover such costs. The director shall approve or recommendchanges to the budget after an opportunity for public comment.

9. The council shall develop programs and projects and enter intocontracts or agreements for implementing the policy of sections 414.500 to414.590, including programs of research, development, education, andmarketing, and for the payment of the costs thereof with funds collectedpursuant to sections 414.500 to 414.590. The council shall coordinate itsactivities with industry trade associations to provide efficient deliveryof services and to avoid unnecessary duplication of activities.

10. The council shall keep minutes, books, records that clearlyreflect all of the acts and transactions of the council and regularlyreport such information to the director, along with such other informationas the director may require. The books of the council shall be audited bya certified public accountant at least once each fiscal year and at suchother times as the council may designate. Copies of such audit shall beprovided to the director, all members of the council, all qualifiedindustry organizations, and to other members of the industry upon request.The director shall receive notice of meetings and may require reports onthe activities of the council, as well as reports on compliance, violationsand complaints regarding the implementation of sections 414.500 to 414.590.

11. From assessments collected, the council shall annually reimbursethe director for costs incurred in holding the referendum establishing thecouncil, making appointments to the council, and other expenses directlyrelated to the council.

(L. 1993 S.B. 178 § 7, A.L. 2004 S.B. 1250)