55-1804. Assessment on odorized propane; method; payment to council; investment of funds; failure to pay.
55-1804
55-1804. Assessment on odorized propane; method;payment to council; investment of funds; failure to pay.(a) Except as otherwise provided by law, there shall be anassessment as provided in this section on odorized propane. The council shallset the initial assessment at no greaterthan 2/10 of one cent per gallon of odorized propane. Thereafter, annualassessments shall be sufficient to cover the costs of plans and programsdeveloped by the council. The assessment shall not be greater than 3/10 of onecent pergallon of odorized propane. In no case may theassessment be raised by more than 1/10 of one cent per gallon of odorizedpropaneannually.
(b) The owner of propane at the time of odorization, or the time of import ofodorized propane, shall make the assessment based on the volume of odorizedpropane sold and placed into commerce. The assessment, when made, shall belisted as a separate line item on the bill labeled "Kansas propane educationand research assessment" or "KanPERC." Assessments collected from purchasers ofpropane are payable to the council on a monthly basis by the 25th of the monthfollowing the month of collection. If payment is not made to the council by thedue date under this subsection, an interest penalty of 1% of any amount unpaidshall be added for each month or fraction of a month after the due date, untilfinal payment is made.The council may establish an alternative means of collecting the assessmentif another means is found to be more efficient and effective. The council mayestablish a late payment charge and rate of interest to be imposed on anyperson who fails to remit or pay to the council any amount due under thisact.
(c) Pending disbursement pursuant to a program, plan or project, the councilshall invest funds collected through assessments, and any other funds receivedby the council, only in obligations of the United States or any agency thereof,in general obligations of any state or political subdivision thereof, in anyinterest-bearing account or certificate of deposit of a bank that is a memberof the federal reserve system, or in obligations fully guaranteed as toprincipal and interest by the United States.
(d) The price of propane shall be determined by market forces consistent withantitrust laws and no provision of this act shall be interpreted as allowing apass through to consumers of the assessment determined by the council pursuanttosubsection (a).
(e) Any rebate funds received from the national propane education andresearch council from assessments collected on odorized propane distributedfrom Kansas shall be the property of the Kansas propane education and researchcouncil and the use of such funds shall be determined by the Kansas council forthe intended purposes of this act.
(f) Any person who unreasonably fails or refuses to pay any assessments dueunder this act may be subject to legal action by the council to recover theassessments due, plus interest and costs.
History: L. 2003, ch. 102, § 4; July 1.