Section 9-17-171 – Definitions.
Section 9-17-171 Definitions. As used in this article, the following terms shall have the following meanings: (1) AGRICULTURE. The art or science of cultivating the ground and raising and harvesting crops, including also feeding, breeding, and management of livestock and poultry; tillage; husbandry; or farming. The following items or areas fall within the definition of […]
Section 9-17-172 – Purpose.
Section 9-17-172 Purpose. It is hereby declared to be in the interest of public welfare that propane gas wholesalers are encouraged to act jointly and in cooperation with the retail marketers in promoting and stimulating through research, education, marketing, and other methods, the increased and efficient distribution, use, and sale of propane gas. It is […]
Section 9-17-173 – Promotional Activities.
Section 9-17-173 Promotional activities. It is further declared to be in the public interest and highly advantageous to the economy of the State of Alabama that the propane gas industry be permitted by referendum to levy upon itself an assessment to be used to promote the industry through consumer education, safety and training, marketing, research […]
Section 9-17-174 – Referendum for Assessment.
Section 9-17-174 referendum for assessment. (a) The qualified industry organization shall conduct at its own expense a referendum among wholesalers and retail marketers doing business in the State of Alabama on the question of whether to levy upon themselves an assessment. The referendum shall be conducted on a statewide basis as determined by the qualified […]
Section 9-17-175 – Alabama Propane Education and Research Council.
Section 9-17-175 Alabama Propane Education and Research Council. (a) The qualified industry organization shall select members of the council from nominations made by retail marketers and wholesalers operating in the State of Alabama. Vacancies in the unfinished terms of council members shall be filled in the same manner as were the original appointments. (b) The […]
Section 9-17-176 – Assessment.
Section 9-17-176 Assessment. (a) The council shall set the initial assessment at no greater than one-tenth of one cent per gallon of odorized propane. Thereafter, annual assessments shall be sufficient to cover the cost of plans and programs developed by the council. The assessment may not be greater than one-half cent per gallon of odorized […]
Section 9-17-177 – Enforcement.
Section 9-17-177 Enforcement. The council is authorized to bring an action in a court of competent jurisdiction to specifically enforce this article and prevent or restrain any person from violating any provisions of this article. If the council prevails in an action for compliance under this section, a court may require payment by the defendant […]
Section 9-17-178 – Price of Propane.
Section 9-17-178 Price of propane. In all cases, the price of propane shall be determined by market forces. Consistent with the antitrust laws, the council may take no action, nor may any provision of this article be interpreted as establishing an agreement to pass along to consumers the cost of the assessment provided for in […]
Section 9-17-179 – Construction.
Section 9-17-179 Construction. Nothing in this article may be construed to preempt or supersede any other program relating to propane education and research organized and operated under the laws of the State of Alabama. (Act 2009-580, p. 1707, §10.)
Section 9-17-170 – Short Title.
Section 9-17-170 Short title. This article may be cited as the Alabama Propane Education and Research Act of 2009. (Act 2009-580 §1.)