2014 Louisiana Laws
Revised Statutes
TITLE 40 - Public Health and Safety
RS 40:1851 - Assessment

§1851. Assessment

A. Subject to the provisions of this Section, there is hereby levied an assessment in the amount of five one-hundredths of one percent of the gross annual sales of liquefied petroleum gas of each person who holds a Class I or a Class IV permit. The assessment shall be determined in the same manner as the permit fee is determined.

B. The commission shall conduct a referendum on the question of whether or not the assessment shall be levied. The referendum shall be held within ninety days after September 3, 1989. Each permit holder who is subject to the payment of the assessment shall be eligible to vote in the referendum. The assessment shall be levied only if it is approved by a majority of the permit holders voting in the referendum.

C. The assessment shall be paid at the same time as the annual permit fees are paid.

D. The commission may deduct the expenses of collecting and administering the assessment, including the expenses of conducting the referendum, from the proceeds of the assessment. After making those deductions, the commission shall deposit and maintain the proceeds of the assessment in a separate interest-bearing account. If expenses are deducted, they will be deducted each year for that year only and shall be limited to one percent of assessments collected or a maximum of five hundred dollars, whichever is less.

E.(1) The proceeds of the assessment and the interest earned on those proceeds shall be used for market development and promotion of the use of liquefied petroleum gas. Such marketing programs may include advertising on radio, television, newspapers, magazines, billboards, websites, and online venues, as well as sponsorships and participation in trade shows, consumer rebate programs to encourage the purchase of propane appliances, and any other programs as recommended by the Market Development Advisory Committee established under Subsection F of this Section.

(2) All monies received or collected pursuant to R.S. 40:1851.1(A), including any interest which may be earned on such monies, shall be deposited into a separate interest-bearing account established and maintained by the commission. All monies deposited shall be used exclusively for the purposes provided for in R.S. 40:1851.1(B).

F. The commission shall establish a board to advise the commission on the expenditure of funds collected under this Section. One advisory board member shall be appointed by the commission from each commission inspector's area, as designated by the commission, and two members shall be appointed at large. Each member of the advisory board shall be a holder of a Class I or Class IV permit. There shall be not more than nine members of the advisory board. The advisory board members shall serve a term concurrent with that of the governor and, in case of resignation, the appointee will fill the unexpired term. Members shall not receive any compensation for serving on the advisory board.

G. A new referendum shall be held within ninety days after September 3, 2004. If approved in the referendum, the assessment shall be valid until it is terminated through a referendum held in accordance with Subsection H of this Section.

H. A referendum to terminate the assessment shall be called by the commission upon receipt of a petition signed by more than fifty percent of those Class I and Class IV permit holders subject to the assessment. This referendum shall be held within ninety days of the filing of the petition with the required number of signatures. All Class I and Class IV permit holders shall be eligible to vote in the referendum. The assessment shall be terminated only if a majority of those eligible to vote approve the termination of the assessment.

Acts 1989, No. 280, §1; Acts 1997, No. 1446, §1; Acts 1998, 1st Ex. Sess., No. 127, §1, eff. May 5, 1998; Acts 2001, No. 143, §1; Acts 2009, No. 386, §1.