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2000 SESSION
002584432Patrons-- Hanger, Bolling, Chichester, Couric, Hawkins, Lambert, Marye, Miller, K.G., Puckett, Rerras, Reynolds, Ticer, Watkins and Whipple; Delegates: Armstrong, Baskerville, Hall, Landes, Morgan and Stump
Be it enacted by the General Assembly of Virginia:
1. That § 2.1-1.6, as it is currently effective and as it may become effective, and § 9-6.25:3 of the Code of Virginia are amended and reenacted, and that the Code of Virginia is amended by adding in Title 45.1 a chapter numbered 27, consisting of sections numbered 45.1-393 through 45.1-413, as follows:
§ 2.1-1.6. State boards.
A. There shall be, in addition to such others as may be established by law, the following permanent collegial bodies affiliated with a state agency within the executive branch:
Accountancy, Board of
Agriculture and Consumer Services, Board of
Air Pollution, State Advisory Board on
Alcoholic Beverage Control Board, Virginia
Apple Board, Virginia State
Appomattox State Scenic River Advisory Board
Aquaculture Advisory Board
Architects, Professional Engineers, Land Surveyors, Certified Interior Designers and Landscape Architects, Board for
Art and Architectural Review Board
Athletic Training, Advisory Board on
Auctioneers Board
Audiology and Speech-Language Pathology, Board of
Aviation Board, Virginia
Barbers, Board for
Branch Pilots, Board for
Bright Flue-Cured Tobacco Board, Virginia
Building Code Technical Review Board, State
Catoctin Creek State Scenic River Advisory Board
Cattle Industry Board, Virginia
Cave Board
Cemetery Board
Certified Seed Board, State
Charity Food Assistance Advisory Board
Chesapeake Bay Local Assistance Board
Chickahominy State Scenic River Advisory Board
Child Abuse and Neglect, Advisory Board on
Chippokes Plantation Farm Foundation, Board of Trustees
Clinch Scenic River Advisory Board
Coal Mining Examiners, Board of
Coal Research and Development Advisory Board, Virginia
Coal Surface Mining Reclamation Fund Advisory Board
Conservation and Development of Public Beaches, Board on
Conservation and Recreation, Board of
Contractors, Board for
Corn Board, Virginia
Correctional Education, Board of
Corrections, State Board of
Cosmetology, Board for
Criminal Justice Services Board
Dark-Fired Tobacco Board, Virginia
Deaf and Hard-of-Hearing, Advisory Board for the Department for the
Dentistry, Board of
Design-Build/Construction Management Review Board
Education, State Board of
Egg Board, Virginia
Emergency Medical Services Advisory Board, State
Farmers Market Board, Virginia
Fire Services Board, Virginia
Forestry, Board of
Funeral Directors and Embalmers, Board of
Game and Inland Fisheries, Board of
Geology, Board for
Goose Creek Scenic River Advisory Board
Health Planning Board, Virginia
Health Professions, Board of
Health, State Board of
Hearing Aid Specialists, Board for
Hemophilia Advisory Board
Historic Resources, Board of
Housing and Community Development, Board of
Irish Potato Board, Virginia
Juvenile Justice, State Board of
Licensed Professional Counselors, Marriage and Family Therapists, and Substance Abuse Treatment Professionals, Board of
Litter Control and Recycling Fund Advisory Board
Marine Products Board, Virginia
Medical Advisory Board, Department of Motor Vehicles
Medicare and Medicaid, Advisory Board on
Medicine, Board of
Mental Health, Mental Retardation and Substance Abuse Services Board, State
Migrant and Seasonal Farmworkers Board
Military Affairs, Board of
Mineral Mining Examiners, Board of
Minority Business Enterprise, Interdepartmental Board of the Department of
Networking Users Advisory Board, State
Neurotrauma Initiative Advisory Board, Commonwealth
North Meherrin State Scenic River Advisory Board
Nottoway State Scenic River Advisory Board
Nursing, Board of
Nursing Home Administrators, Board of
Occupational Therapy, Advisory Board of
Oil and Gas Conservation Board, Virginia
Opticians, Board for
Optometry, Board of
Peanut Board, Virginia
Personnel Advisory Board
Pesticide Control Board
Pharmacy, Board of
Physical Therapy to the Board of Medicine, Advisory Board on
Plant Pollination Advisory Board
Polygraph Examiners Advisory Board
Pork Industry Board, Virginia
Poultry Products Board, Virginia
Private College Advisory Board
Private Security Services Advisory Board
Professional and Occupational Regulation, Board for
Professional Soil Scientists, Board for
Psychiatric Advisory Board
Psychology, Board of
Public Broadcasting Board, Virginia
Public Buildings Board, Virginia
Public Guardian and Conservator Advisory Board
Radiation Advisory Board
Real Estate Appraiser Board
Real Estate Board
Reciprocity Board, Department of Motor Vehicles
Recreational Fishing Advisory Board, Virginia
Reforestation Board
Rehabilitation Providers, Advisory Board on
Rehabilitative Services, Board of
Respiratory Care, Advisory Board on
Rockfish State Scenic River Advisory Board
Safety and Health Codes Board
Seed Potato Board, State
Sewage Handling and Disposal Appeal Review Board, State Health Department
Shenandoah State Scenic River Advisory Board
Small Business Advisory Board
Small Business Environmental Compliance Advisory Board
Small Grains Board, Virginia
Social Services, Board of
Social Work, Board of
Soil and Water Conservation Board, Virginia
Soybean Board, Virginia
State Air Pollution Control Board
Substance Abuse Certification Board
Surface Mining Review, Board of
Sweet Potato Board, Virginia
T & M Vehicle Dealers' Advisory Board
Teacher Education and Licensure, Advisory Board on
Transportation Board, Commonwealth
Transportation Safety, Board of
Treasury Board, The, Department of the Treasury
Veterans' Affairs, Board on
Veterinary Medicine, Board of
Virginia Board for Asbestos and Lead
Virginia Coal Mine Safety Board
Virginia Correctional Enterprises Advisory Board
Virginia Cotton Board
Virginia Employment Commission, State Advisory Board for the
Virginia Geographic Information Network Advisory Board
Virginia Horse Industry Board
Virginia Manufactured Housing Board
Virginia Propane Education and Research Board
Virginia Retirement System, Board of Trustees
Virginia Schools for the Deaf and the Blind, Advisory Commission on the
Virginia Sheep Industry Board
Virginia Veterans Cemetery Board
Virginia Waste Management Board
Visually Handicapped, Virginia Board for the
Voluntary Formulary Board, Virginia
War Memorial Foundation, Virginia, Board of Trustees
Waste Management Facility Operators, Board for
Water Resources Research Center Statewide Advisory Board, Virginia
Waterworks and Wastewater Works Operators, Board for
Well Review Board, Virginia.
B. Notwithstanding the definition for "board" as provided in § 2.1-1.2, the following entities shall be referred to as boards:
Compensation Board
State Board of Elections
State Water Control Board
Virginia Parole Board
Virginia Veterans Care Center Board of Trustees.
§ 2.1-1.6. State boards.
A. There shall be, in addition to such others as may be established by law, the following permanent collegial bodies affiliated with a state agency within the executive branch:
Accountancy, Board of
Agriculture and Consumer Services, Board of
Air Pollution, State Advisory Board on
Alcoholic Beverage Control Board, Virginia
Apple Board, Virginia State
Appomattox State Scenic River Advisory Board
Aquaculture Advisory Board
Architects, Professional Engineers, Land Surveyors, Certified Interior Designers and Landscape Architects, Board for
Art and Architectural Review Board
Athletic Training, Advisory Board on
Auctioneers Board
Audiology and Speech-Language Pathology, Board of
Aviation Board, Virginia
Barbers, Board for
Branch Pilots, Board for
Bright Flue-Cured Tobacco Board, Virginia
Building Code Technical Review Board, State
Catoctin Creek State Scenic River Advisory Board
Cattle Industry Board, Virginia
Cave Board
Cemetery Board
Certified Seed Board, State
Charity Food Assistance Advisory Board
Chesapeake Bay Local Assistance Board
Chickahominy State Scenic River Advisory Board
Child Abuse and Neglect, Advisory Board on
Chippokes Plantation Farm Foundation, Board of Trustees
Clinch Scenic River Advisory Board
Coal Mining Examiners, Board of
Coal Research and Development Advisory Board, Virginia
Coal Surface Mining Reclamation Fund Advisory Board
Conservation and Development of Public Beaches, Board on
Conservation and Recreation, Board of
Contractors, Board for
Corn Board, Virginia
Correctional Education, Board of
Corrections, State Board of
Cosmetology, Board for
Criminal Justice Services Board
Dark-Fired Tobacco Board, Virginia
Deaf and Hard-of-Hearing, Advisory Board for the Department for the
Dentistry, Board of
Design-Build/Construction Management Review Board
Education, State Board of
Egg Board, Virginia
Emergency Medical Services Advisory Board, State
Farmers Market Board, Virginia
Fire Services Board, Virginia
Forestry, Board of
Funeral Directors and Embalmers, Board of
Game and Inland Fisheries, Board of
Geology, Board for
Goose Creek Scenic River Advisory Board
Health Planning Board, Virginia
Health Professions, Board of
Health, State Board of
Hearing Aid Specialists, Board for
Hemophilia Advisory Board
Historic Resources, Board of
Housing and Community Development, Board of
Irish Potato Board, Virginia
Juvenile Justice, State Board of
Licensed Professional Counselors, Marriage and Family Therapists, and Substance Abuse Treatment Professionals, Board of
Litter Control and Recycling Fund Advisory Board
Marine Products Board, Virginia
Medical Advisory Board, Department of Motor Vehicles
Medicare and Medicaid, Advisory Board on
Medicine, Board of
Mental Health, Mental Retardation and Substance Abuse Services Board, State
Migrant and Seasonal Farmworkers Board
Military Affairs, Board of
Mineral Mining Examiners, Board of
Minority Business Enterprise, Interdepartmental Board of the Department of
Networking Users Advisory Board, State
Neurotrauma Initiative Advisory Board, Commonwealth
North Meherrin State Scenic River Advisory Board
Nottoway State Scenic River Advisory Board
Nursing, Board of
Nursing Home Administrators, Board of
Occupational Therapy, Advisory Board of
Oil and Gas Conservation Board, Virginia
Opticians, Board for
Optometry, Board of
Peanut Board, Virginia
Personnel Advisory Board
Pesticide Control Board
Pharmacy, Board of
Physical Therapy to the Board of Medicine, Advisory Board on
Plant Pollination Advisory Board
Polygraph Examiners Advisory Board
Pork Industry Board, Virginia
Poultry Products Board, Virginia
Private College Advisory Board
Private Security Services Advisory Board
Professional and Occupational Regulation, Board for
Professional Soil Scientists, Board for
Psychiatric Advisory Board
Psychology, Board of
Public Broadcasting Board, Virginia
Public Buildings Board, Virginia
Public Guardian and Conservator Advisory Board
Radiation Advisory Board
Real Estate Appraiser Board
Real Estate Board
Reciprocity Board, Department of Motor Vehicles
Recreational Fishing Advisory Board, Virginia
Reforestation Board
Rehabilitation Providers, Advisory Board on
Rehabilitative Services, Board of
Respiratory Care, Advisory Board on
Rockfish State Scenic River Advisory Board
Safety and Health Codes Board
Seed Potato Board, State
Sewage Handling and Disposal Appeal Review Board, State Health Department
Shenandoah State Scenic River Advisory Board
Small Business Advisory Board
Small Business Environmental Compliance Advisory Board
Small Grains Board, Virginia
Social Services, Board of
Social Work, Board of
Soil and Water Conservation Board, Virginia
Soybean Board, Virginia
State Air Pollution Control Board
Substance Abuse Certification Board
Surface Mining Review, Board of
Sweet Potato Board, Virginia
T & M Vehicle Dealers' Advisory Board
Teacher Education and Licensure, Advisory Board on
Transportation Board, Commonwealth
Transportation Safety, Board of
Treasury Board, The, Department of the Treasury
Veterans' Affairs, Board on
Veterinary Medicine, Board of
Virginia Board for Asbestos and Lead
Virginia Coal Mine Safety Board
Virginia Correctional Enterprises Advisory Board
Virginia Cotton Board
Virginia Employment Commission, State Advisory Board for the
Virginia Geographic Information Network Advisory Board
Virginia Horse Industry Board
Virginia Manufactured Housing Board
Virginia Propane Education and Research Board
Virginia Retirement System, Board of Trustees
Virginia Schools for the Deaf and the Blind, Advisory Commission on the
Virginia Sheep Industry Board
Virginia Veterans Cemetery Board
Virginia Waste Management Board
Visually Handicapped, Virginia Board for the
(For effective date - See notes) Volunteer Firefighters' and Rescue Squad Workers' Pension Fund Board
Voluntary Formulary Board, Virginia
War Memorial Foundation, Virginia, Board of Trustees
Waste Management Facility Operators, Board for
Water Resources Research Center Statewide Advisory Board, Virginia
Waterworks and Wastewater Works Operators, Board for
Well Review Board, Virginia.
B. Notwithstanding the definition for "board" as provided in § 2.1-1.2, the following entities shall be referred to as boards:
Compensation Board
State Board of Elections
State Water Control Board
Virginia Parole Board
Virginia Veterans Care Center Board of Trustees.
§ 9-6.25:3. Supervisory boards, commissions, and councils.
There shall be, in addition to such others as may be designated in accordance with § 9-6.25, the following supervisory boards, commissions, and councils:
Alcoholic Beverage Control Board
Board for Branch Pilots
Board of Commissioners, Virginia Port Authority
Board of Game and Inland Fisheries
Board of Regents, Gunston Hall Plantation
Board of Regents, James Monroe Memorial Law Office and Library
Board of Trustees, Chippokes Plantation Farm Foundation
Board of Trustees, Frontier Culture Museum of Virginia
Board of Trustees, Jamestown-Yorktown Foundation
Board of Trustees, the Science Museum of Virginia
Board of Trustees, Virginia Museum of Fine Arts
Board of Trustees, Virginia Retirement System
Board of Trustees, Virginia Veterans Care Center
Board of Trustees, Virginia War Memorial Foundation
Board of Visitors, Christopher Newport University
Board of Visitors, George Mason University
Board of Visitors, James Madison University
Board of Visitors, Longwood College
Board of Visitors, Mary Washington College
Board of Visitors, Norfolk State University
Board of Visitors, Old Dominion University
Board of Visitors, Radford University
Board of Visitors, The College of William and Mary in Virginia
Board of Visitors, University of Virginia
Board of Visitors, Virginia Commonwealth University
Board of Visitors, Virginia Military Institute
Board of Visitors, Virginia Polytechnic Institute and State University
Board of Visitors, Virginia State University
Charitable Gaming Commission
Commonwealth's Attorneys' Services Council
Compensation Board
Governing Board, Virginia College Building Authority
Governing Board, Virginia Public School Authority
Motor Vehicle Dealer Board
State Board for Community Colleges, Virginia Community College System
State Board of Education
State Certified Seed Board
State Council of Higher Education for Virginia
Virginia Agricultural Council
Virginia Bright Flue-Cured Tobacco Board
Virginia Board for People with Disabilities
Virginia Cattle Industry Board
Virginia Corn Board
Virginia Cotton Board
Virginia Dark-Fired Tobacco Board
Virginia Egg Board
Virginia Horse Industry Board
Virginia Marine Products Board
Virginia Peanut Board
Virginia Pork Industry Board
Virginia Propane Education and Research Board
Virginia Soybean Board
Virginia State Apple Board
Virginia Sweet Potato Board.
§ 45.1-393. Declaration of public policy.
The General Assembly finds and declares that propane is a vital source of energy for many citizens of the Commonwealth, providing them with heat, hot water, cooking fuel and motor fuel, among its many uses; that educating members of the propane industry and consumers about propane and the mechanical, technical and safety practices related to propane and propane utilization equipment will further the public interest and welfare by reducing accidents and improving safety; and that improving and increasing marketing and research on propane and its uses will increase the consumption of propane, thereby furthering the public interest and welfare by creating additional employment opportunities in the Commonwealth and by expanding revenue.
§ 45.1-394. Definitions.
As used in this chapter, unless the context requires a different meaning:
"Board" means the Virginia Propane Education and Research Board created under this chapter.
"Department" means the Department of Mines, Minerals and Energy.
"Director" means the Director of the Department of Mines, Minerals and Energy.
"Education" means any action to provide information to consumers and members of the propane industry concerning propane, propane uses, propane equipment, and mechanical and technical practices relating to the use of propane.
"Fund" means the Virginia Propane Education and Research Fund.
"Handler" means any person who is the owner of propane at the time of its odorization in the Commonwealth or, if already odorized, at the time of its import into the Commonwealth.
"Industry" means the production, transportation, and sale of propane, and the manufacture and distribution of propane utilization equipment.
"Odorized propane" means propane to which an odorant has been added.
"Person" means any individual, partnership, association, corporation, limited liability company, cooperative, firm or other entity.
"Produce" means the recovery of propane at a gas processing plant or refinery, regardless of the state where production occurs.
"Producer" means the owner of propane at the time it is recovered at a gas processing plant or refinery, regardless of the state where production occurs.
"Propane" means a hydrocarbon whose chemical composition is predominately C3H8, whether recovered from natural gas or crude oil, and includes liquefied petroleum gases and mixtures thereof.
"Public member" means a member of the Board who represents significant users of propane, public safety officials, state regulatory officials, or other groups knowledgeable about propane.
"Qualified industry trade association" means the Virginia Propane Gas Association, the National Propane Gas Association, and any successor organization of those associations.
"Research" means any type of study, investigation or other activity designed to advance the image, desirability, usage, marketability, efficiency, or safety of propane or propane utilization equipment and to further the development of such information.
"Retail marketer" means a person engaged primarily in the sale of odorized propane to the ultimate consumer or to retail propane dispensers.
"Retail propane dispenser" means a person who sells odorized propane to the ultimate consumer but is not engaged primarily in the business of such sales.
"Supplier" means a person, other than a producer, who is engaged primarily in the sale of propane or odorized propane to retail marketers.
§ 45.1-395. Petition for referendum on question of assessment for education, research and market development; action of Department and Director.
The Department, upon a petition being filed with it by an industry trade association requesting a referendum, and upon finding that sufficient interest exists among the members of the propane industry in the Commonwealth to justify a referendum, shall authorize the holding of a referendum as provided in this chapter. The Director or his designee shall then be empowered and directed to conduct a referendum on the question of whether or not the members of Virginia's propane industry are of the opinion that additional programs of education, research, and market development to increase the consumption, safe use, sale and markets for propane in Virginia are required.
§ 45.1-396. Persons eligible to vote; voting rights.
A. Each producer, supplier and retail marketer that produces or sells odorized propane in Virginia shall be eligible to vote in the referendum. A person eligible to vote may be a natural person, partnership, limited liability company, or corporation. The vote of a partnership shall be cast by one of the general partners. The vote of a limited liability company shall be cast by one of the members. A corporation shall vote by its president, general manager or such other person as may be authorized by the corporation to cast its vote.
B. Voting rights in the referendum shall be based on the total volume of propane produced or odorized propane sold in the Commonwealth according to the most recent data then available compiled by the American Petroleum Institute or successor organization, or such other source as is deemed reliable by the Director. The number of votes allocated to each producer, supplier or retail marketer shall be in proportion to the gallons of propane produced or gallons of odorized propane sold during the previous calendar year in the Commonwealth by each such producer, supplier or retail marketer. For purposes of the referendum, retail marketers shall be considered a single class and producers and suppliers shall be considered a single class.
C. All persons voting in the referendum shall certify to the Director the volume of propane, in gallons, represented by their vote. The information provided under this subsection shall be considered proprietary and shall be held in confidence by the Director. The Director may request additional information for any person voting in the referendum to verify the volume of propane represented by their vote.
§ 45.1-397. Rules governing ballots, conduct of referendum, canvassing, etc.
The Department shall adopt rules governing the ballots to be used in the referendum, the conduct of the referendum, the canvassing of the results thereof, and the declaration of the results of the referendum. The Department shall fix the date, areas, hours, and voting places with respect to the holding of the referendum and may provide for voting by mail if it deems advisable.
§ 45.1-398. Management of referendum; notice.
The Director shall manage any referendum conducted under this chapter. The Director shall, sixty days before the date upon which a referendum is to be held, mail notice to the clerk of the circuit court in each county where those eligible to vote in the referendum reside. The clerk of the circuit court shall post the notice and rules on the front door or public bulletin board of the courthouse and certify the posting to the Director. The Director shall also give general notice of the referendum in a newspaper of general circulation in Richmond, Virginia, and shall send a notice of the referendum to a newspaper of general circulation in each area of the Commonwealth in which members of the propane industry reside, at least sixty days prior to the holding of any referendum under this chapter. Such posted and published notices shall contain the date, hours and methods of voting in the referendum; the amount of assessment to be collected, the means by which such assessment will be collected, and the general purposes for which the assessments will be used; and the rules adopted by the Department pursuant to § 45.1-397.
§ 45.1-399. Distribution of ballots; canvass; declaration and certification of results.
The Director shall prepare and distribute in advance of the referendum all necessary ballots, certificates and supplies required for the referendum and shall, under rules adopted and promulgated by the Department, arrange for the use of polling places, if necessary. He shall, within ten days after the referendum, canvass and publicly declare the results thereof and certify the results to the Governor and the Department.
§ 45.1-400. Referendum results; action of Governor.
If the Governor finds the referendum in order and that at least two-thirds of the votes cast in the retail marketer class and at least two-thirds of the votes cast in the producer and supplier class are in favor of creation of the Board and the assessment for the purpose of conducting programs of education, research and market development concerning propane, then he shall so proclaim and the Virginia Propane Education and Research Board within the Virginia Department of Mines, Minerals and Energy shall be established. If he does not so find, the Board shall not be established.
§ 45.1-401. Subsequent referendum.
If the Governor issues a proclamation under § 45.1-400 and the Board is established, then no other referendum shall be held on the creation of the Virginia Propane Education and Research Board and assessment, except that the Department, upon petition by persons representing at least one-third of the votes cast in the preceding referendum, may provide for a referendum on the continuation of the Board and the assessment. The Department shall not act on such a petition to conduct such a referendum until at least five years have passed since the establishment of the Board. The cost of conducting such referendum shall be from funds paid into the Virginia Propane Education and Research Fund established under § 45.1-406. Such referendum shall be conducted in the manner provided in §§ 45.1-396 through 45.1-399.
§ 45.1-402. Subsequent referendum results; action of Governor.
If the Governor finds any referendum held pursuant to § 45.1-401 in order and that those persons representing a majority of the votes cast in the retail marketer class and a majority of the votes in the producer and supplier class are in opposition to the continuation of the Board and the assessment, then he shall so proclaim and upon such proclamation the Board and the assessment under this chapter will be discontinued.
§ 45.1-403. Question to be printed on ballots.
A. The question to be printed on the ballots used in any referendum held under this chapter, except the referendum authorized in § 45.1-401, shall be as follows:
"Do you favor additional education about, research on, and market development and promotion of the use of propane in Virginia, the creation of a Virginia Propane Education and Research Board, and the levy of an assessment of one-tenth of one cent ($0.001) per gallon of propane at the time of its odorization in the Commonwealth or, if already odorized, at the time it is imported into the Commonwealth, with the Board retaining the authority to increase the assessment no more than one-tenth of one cent ($0.001) per year, up to a maximum assessment of five-tenths of one cent ($0.005) per year, for all odorized propane sold in the Commonwealth of Virginia to be used by such Board in accordance with the provisions of the Virginia Propane Education and Research Act?
[ ] Yes
[ ] No."
B. The question to be printed on the ballots used in the referendum authorized in § 45.1-401 on the continuation of the Board and assessment shall be as follows:
"Do you favor the continuation of the Virginia Propane Education and Research Board and the continuation of the levy of an assessment of up to five-tenths of one cent ($0.005) per gallon of odorized propane sold in the Commonwealth of Virginia?
[ ] Yes
[ ] No."
§ 45.1-404. Virginia Propane Education and Research Board established; purposes; duties and responsibilities.
A. If created in accordance with this chapter, the Board shall be responsible for education, research and market development related to the propane industry in Virginia. To accomplish this function, the Board is authorized:
1. To establish an office or offices for the Board at such place or places within the Commonwealth as it may designate;
2. To elect a chairperson and whatever other officers may be necessary to direct the affairs of the Board, establish committees and subcommittees of the Board, as appropriate, and adopt rules for the conduct of business and the implementation of this chapter;
3. To employ personnel, advisers, consultants, professionals and agents as may be necessary to carry out the purposes and provisions of this chapter;
4. To develop programs and projects for implementing this chapter, including, but not limited to, programs to enhance consumer and employee safety and training, to provide for research and development of clean and efficient propane utilization equipment, and to inform and educate the public about safety and other issues associated with the use of propane.
5. To establish, administer, manage and make expenditures from the Virginia Propane Education and Research Fund;
6. To enter into contracts or agreements for goods or services necessary to carry out the purposes set forth in this chapter and to incur expenses necessary to carry out those purposes;
7. To cooperate with any private, local, state or national commission, committee, organization, agency or other entity and to make contracts and agreements for joint programs beneficial to the industry; and
8. To take any action necessary or convenient for the exercise of the powers granted by this chapter or reasonably implied by them.
B. The Board shall establish procedures for the solicitation of industry comment and recommendations on any significant programs or projects to be conducted by the Board. The Board may establish advisory committees of persons other than Board members.
C. The Board shall coordinate its activities with industry trade associations and others as appropriate to provide efficient delivery of services and to avoid unnecessary duplication of activities.
§ 45.1-405. Board membership; terms; quorum.
A. The Board shall consist of nine members. Five members shall represent retail marketers, with no more than two of these five members representing multi-state retail marketers that have more than five offices outside the Commonwealth. Three members shall represent producers, suppliers and persons who manufacture or sell propane utilization equipment. One member shall be a public member.
B. Board members representing retail marketers, producers, and suppliers shall be appointed by the Governor who shall make such appointments from nominations submitted by qualified industry trade associations. Members in these categories shall be full-time employees or owners of businesses in the industry. No more that one representative from any company or its affiliate may serve on the Board at any time. The public member of the Board shall be appointed by the Governor.
C. In appointing members to the Board, the Governor shall consider broad-based representation including:
1. Gas processors and oil refiners among producers;
2. Interstate and intrastate operators among retail marketers;
3. Large and small companies among producers, suppliers and retail marketers; and
4. Diverse geographic regions of the Commonwealth.
D. No employee of an industry trade association shall serve as a member of the Board and no member of the Board may serve concurrently as an officer or member of the board of directors of an industry trade association. A member of the board of directors of a qualified industry trade association may serve as an ex officio non-voting member of the Board.
E. Board members shall serve two year terms except that for initial appointments, three members shall be appointed to three-year terms, three members shall be appointed to two-year terms, and three members shall be appointed to one-year terms. Within sixty days after the Board is created in accordance with § 45.1-400, qualified industry trade organizations shall submit nominations to the Governor. No member shall serve more than two consecutive terms. Members filling unexpired terms may serve not more than a total of five consecutive years.
F. Five members shall constitute a quorum for the transaction of business.
G. Board members shall be reimbursed for all reasonable expenses incurred in the attendance of meetings of the Board and any other Board-related activities as authorized by the Board.
§ 45.1-406. Virginia Propane Education and Research Fund created; purpose.
A. The Board shall establish, administer, manage and make expenditures from a special, nonreverting fund in the state treasury to be known as the Virginia Propane Education and Research Fund. The Board shall establish and administer the Fund solely for the purpose of carrying out the provisions of this chapter. No provision of this chapter shall be construed to give the Board the authority to expend funds for legislative or political activity, except that the Board may recommend to the Director or to other state agencies changes in this chapter or other statutes or regulations that would further the purposes of this chapter. The Fund shall consist of assessments paid pursuant to § 45.1-407, donations from any person, and grants from state or federal agencies. The unexpended balance of the Fund at the end of the biennium shall not be transferred to the general fund of the state treasury.
B. The Auditor for Public Accounts shall audit all the accounts of the Board as provided in § 2.1-155.
C. All money collected under this chapter shall be expended by the Board by warrants of the State Comptroller on vouchers signed by a duly authorized officer of the Board.
§ 45.1-407. Initial and annual assessments.
A. The owner of propane at the time of its odorization in the Commonwealth or, if already odorized, at the time of its import into the Commonwealth, shall pay the annual assessment based on the volume of odorized propane such owner sells. Nonodorized propane shall not be subject to assessment unless and until odorized and sold.
B. The initial assessment shall be one-tenth of one cent ($0.001) per gallon of odorized propane sold. Thereafter, the annual assessment shall be set by the Board in an amount adequate to cover the projected cost of plans and programs developed by the Board, plus administrative costs and expenses. Gifts, grants and contributions received, or to be received, by the board may be, but are not required to be, taken into account in determining the amount of the annual assessment. In no event shall the annual assessment exceed one-half of one cent ($0.005) per gallon of odorized propane. The increase in the annual assessment provided for in this chapter is limited to one-tenth of one cent ($0.001) per year. No increase in the annual assessment shall occur unless at least two-thirds of those Board members voting on the question vote in favor of the increase.
§ 45.1-408. Tax Commissioner authorized to collect assessment on odorized propane sold; refund of assessment for exports.
A. In order for the Board to carry out the provisions for this chapter, the Tax Commissioner shall collect from the handler the assessment authorized by this chapter.
B. Any handler may request a refund of the assessment paid on any odorized propane for the preceding calendar year that was sold by the handler and exported in continuous movement to a destination outside of the Commonwealth. Upon compliance with the provisions of this section, the Tax Commissioner shall refund to each handler requesting a refund the amount of the assessment paid by or on behalf of such handler during the preceding calendar year.
C. The request for a refund must be made within sixty days following the calendar year for which the refund is requested. Failure to request a refund during this period shall terminate the right of any handler to receive a refund for all or part of the assessment paid for the preceding calendar year.
D. Each handler requesting a refund shall execute an affidavit on a form prepared by the Tax Commissioner verifying the amount of refund requested, the volume of propane sold for export to each buyer, the name and address of each buyer, the date of sale and such other information deemed necessary by the Tax Commissioner. The Tax Commissioner may verify the information in the affidavit before making payment and shall have the right to request and review records of such handler supporting the requested refund amount.
§ 45.1-409. Reports to Tax Commissioner; collection and disposition of assessment; records to be kept by handlers.
A. Handlers shall make reports to the Tax Commissioner on forms furnished and prescribed by the Tax Commissioner, on or before the twenty-fifth day of the month following the end of each calendar month. Each report shall include a statement of the total number of gallons of propane odorized in the Commonwealth or, if already odorized, imported into the Commonwealth during the preceding month, the name and address of each buyer of odorized propane, the date of sale and number of gallons sold to such buyer, and any other information deemed necessary by the Tax Commissioner to carry out his duties under this chapter. The amount of assessment required to be paid during the preceding month shall be remitted to the Tax Commissioner with the report. Notwithstanding the provisions of § 58.1-3, upon request, the Tax Commissioner is authorized to provide the Board with a list of assessment payers and amounts paid.
B. Each handler shall keep and preserve suitable records of all propane transactions subject to assessment and any other information deemed necessary by the Tax Commissioner to determine the amount of assessment for which the handler is liable under this chapter. Such records shall be retained for a period of not less than three years and shall be open for inspection by the Tax Commissioner or his agents.
§ 45.1-410. Collection of delinquent assessments; misdemeanors; prosecution.
A. If assessment money due pursuant to this chapter is not paid when due, the Tax Commissioner shall immediately notify the violator of such deficiency and shall add thereto a penalty of five percent of the amount due. If such deficiency is not paid within thirty days from the date of such notice, it shall bear interest, in accordance with § 58.1-15, from the date it was due, which shall be collected as part of the delinquent amount. The Tax Commissioner may waive or remit the penalty of five percent, or portion thereof, in his discretion for good cause shown. If any person is delinquent in any payment of the money owned or interest thereon, the amount shall be collected by civil action in the name of the Commonwealth at the direction of the Tax Commissioner, and the person adjudged to be in default shall pay the cost of such action. The Attorney General, at the request of the Tax Commissioner, shall without delay institute action in the proper court for the collection of the amount of any money past due under this chapter, including interest thereon.
B. It shall be a Class 1 misdemeanor for any handler to fail to submit to the Tax Commissioner any statement or report required by this chapter within sixty days from the date such statement or report is required to be submitted under this chapter.
C. It shall be a Class 1 misdemeanor for any person knowingly to report falsely to the Tax Commissioner the gallons of odorized propane sold by him during any period, to falsify the records required by § 45.1-409, or to report falsely any information required by § 45.1-396.
§ 45.1-411. Propane pricing.
In all cases, the price of propane shall be determined by market forces. The Board may take no action, and no provision of this chapter may be interpreted as establishing an agreement, to pass along to consumers the cost of the assessment provided for in § 45.1-407.
§ 45.1-412. Association meeting or activity not considered illegal or in restraint of trade.
No industry trade association meeting or activity undertaken to carry out the provisions of this chapter and intended to benefit all person involved in the propane industry shall be deemed or considered illegal or in restraint of trade.
§ 45.1-413. Relationship to other programs.
Nothing in this chapter shall be construed to preempt or supercede any other program relating to propane education and research organized and operated under the laws of this Commonwealth or the United States.
2. That the provisions of this act which assess one-tenth of one cent ($0.001) per gallon of odorized propane sold per year in the Commonwealth shall become effective only after a referendum as provided in Chapter 27 (§ 45.1-393 et seq.) of Title 45.1 has passed.