§ 6403. — Referenda.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC6403]
TITLE 15--COMMERCE AND TRADE
CHAPTER 90--PROPANE EDUCATION AND RESEARCH
Sec. 6403. Referenda
(a) Creation of program
The qualified industry organizations may conduct, at their own
expense, a referendum among producers and retail marketers for the
creation of a Propane Education and Research Council. The Council, if
established, shall reimburse the qualified industry organizations for
the cost of the referendum accounting and documentation. Such referendum
shall be conducted by an independent auditing firm agreed to by the
qualified industry organizations. Voting rights in such referendum shall
be based on the volume of propane produced or odorized propane sold in
the previous calendar year or other representative period. Upon approval
of those persons representing two-thirds of the total volume of propane
voted in the retail marketer class and two-thirds of all propane voted
in the producer class, the Council shall be established, and shall be
authorized to levy an assessment on odorized propane in accordance with
section 6405 of this title. All persons voting in the referendum shall
certify to the independent auditing firm the volume of propane
represented by their vote.
(b) Termination
On the Council's own initiative, or on petition to the Council by
producers and retail marketers representing 35 percent of the volume of
propane in each class, the Council shall, at its own expense, hold a
referendum, to be conducted by an independent auditing firm selected by
the Council, to determine whether the industry favors termination or
suspension of the Council. Termination or suspension shall not take
effect unless it is approved by persons representing more than one-half
of the total volume of odorized propane in the retail marketer class and
more than one-half of the total volume of propane in the producer class,
or is approved by persons representing more than two-thirds of the total
volume of propane in either such class.
(Pub. L. 104-284, Sec. 4, Oct. 11, 1996, 110 Stat. 3371.)
Section Referred to in Other Sections
This section is referred to in section 6402 of this title.
