Oklahoma § 52-420.31 - Oklahoma Propane Education and Safety Council – Powers

§ 52-420.31. Oklahoma Propane Education and Safety Council – Powers

and duties.

A. Effective November 1, 2015, the Oklahoma Liquefied Petroleum

Gas Research, Marketing and Safety Commission, created pursuant to

Section 420.22 of Title 52 of the Oklahoma Statutes, shall be

terminated and re-created as a private nonprofit successor

organization herein referred to as the "Oklahoma Propane Education

and Safety Council" or "Council". Members serving on the Oklahoma

Liquefied Petroleum Gas Research, Marketing and Safety Commission on

November 1, 2015, shall serve as the governing board of the Oklahoma

Propane Education and Safety Council and shall hold office until a

successor is elected and qualified. Future members of the Council

shall be elected by the membership of the organization pursuant to

qualifications and procedures adopted by the Council.

B. The Oklahoma Propane Education and Safety Council shall

perform the same duties and functions as required by the provisions

of the Oklahoma Liquefied Petroleum Gas Research, Marketing and

Safety Act, Section 420.20 et seq. of Title 52 of the Oklahoma

Statutes, subject to modifications authorized by this act, and shall

have the power and duty to:

1. Employ personnel deemed necessary by the Council, fix the

amount and manner of their compensation, and incur other expenses

that are necessary and proper to enable the Council to effectively

carry out the purposes of the Oklahoma Liquefied Petroleum Gas

Research, Marketing and Safety Act and the provisions of this act;

Oklahoma Statutes - Title 52. Oil and Gas

2. Adopt and amend bylaws as necessary to promptly and

effectively administer the Oklahoma Liquefied Petroleum Gas

Research, Marketing and Safety Act and the provisions of this act;

3. Retain legal counsel as required;

4. Sue and be sued;

5. Initiate prosecution and civil remedies necessary to collect

any assessments due and owing to the Council;

6. Cooperate with local, state, national or international

organizations, whether public or private, to promote the liquefied

petroleum gas industry;

7. Make such reasonable expenditures of funds as are necessary

to carry out the provisions of the Oklahoma Liquefied Petroleum Gas

Research, Marketing and Safety Act and the provisions of this act;

8. Call and conduct such meetings and elections as may be

necessary in carrying out the provisions of the Oklahoma Liquefied

Petroleum Gas Research, Marketing and Safety Act and the provisions

of this act;

9. Keep minutes of its meetings and other books and records

that clearly reflect all acts and transactions of the Council,

including an annual financial report in accordance with general

accounting practices;

10. Set the rate of assessment and penalties to be assessed and

collected in the same manner as provided in Sections 420.27 and

420.28 of Title 52 of the Oklahoma Statutes;

11. Deposit all monies received by the Council including, but

not limited to, assessments, donations and grants in a bank selected

by the Council and invest in securities of the state or federal

government, certificates of deposit or certificates of any bank,

trust company or savings and loan association insured by a federal

agency;

12. Establish an office or headquarters as necessary;

13. Purchase, lease, sell, exchange or dispose of real or

personal property;

14. Formulate general policies and programs for the education,

discovery, promotion and development of markets and industries for

the utilization of liquefied petroleum gas;

15. Hire or retain legal counsel to represent the Council in

any matter;

16. Borrow money for any lawful purpose;

17. Act separately or in cooperation with any person in

developing, carrying out and participating in programs of research,

education and promotion designed to encourage the production,

marketing and use of liquefied petroleum gas; and

18. Exercise such other powers as necessary to carry out the

purpose of the Oklahoma Liquefied Petroleum Gas Research, Marketing

and Safety Act and the provisions of this act.

Oklahoma Statutes - Title 52. Oil and Gas

C. 1. The Oklahoma Propane Education and Safety Council is

authorized to receive assessments as provided for in the Oklahoma

Liquefied Petroleum Gas Research, Marketing and Safety Act and the

provisions of this act and donations and grants from any source.

2. Money received by the Council may be expended for the

purpose of implementing the provisions of the Oklahoma Liquefied

Petroleum Gas Research, Marketing and Safety Act and the provisions

of this act.

3. The Council shall follow the assessment requirements and

procedures established in the statutory provisions of the Oklahoma

Liquefied Petroleum Gas Research, Marketing and Safety Act and the

provisions of this act.

D. Funds assessed and collected under this act shall not be

expended for use directly or indirectly to promote or oppose the

election of any candidate for public office.

E. The Council may investigate conditions that relate to the

prompt remittance of the assessment. If the Council determines that

a person or company has failed to remit to the Council the required

assessment, the Council may independently institute proceedings for

recovery of the amount due to the Council or for injunctive or other

appropriate relief.

F. A violation of any provision of the Oklahoma Liquefied

Petroleum Gas Research, Marketing and Safety Act or the provisions

of this act is unlawful and may be enjoined by a district court of

competent jurisdiction. In any action brought by the Council which

results in an injunction against a person and the court determines

that such person has violated any provision of the Oklahoma

Liquefied Petroleum Gas Research, Marketing and Safety Act or the

provisions of this act, the court shall award costs and attorney

fees to the Council.

G. 1. All funds accredited to the LP Gas Research, Marketing

and Safety Revolving Fund, established pursuant to Section 420.26 of

Title 52 of the Oklahoma Statutes, including any encumbered

assessments due to the Oklahoma Liquefied Petroleum Gas Research,

Marketing and Safety Commission, equipment and all other property

shall transfer from the possession and control of the Oklahoma

Liquefied Petroleum Gas Research, Marketing and Safety Commission

created pursuant to Section 420.22 of Title 52 of the Oklahoma

Statutes to the possession and control of the private nonprofit

organization, Oklahoma Propane Education and Safety Council, created

pursuant to subsection A of this section.

2. All funds, equipment and other property so transferred shall

no longer be considered state funds or state property and may be

transferred or disposed of by the Council without regard to state

surplus property laws.

3. Contracts and financial obligations of the Oklahoma

Liquefied Petroleum Gas Research, Marketing and Safety Commission in

Oklahoma Statutes - Title 52. Oil and Gas

effect upon the effective date of this act shall remain in effect

until fulfilled.

Added by Laws 2015, c. 369, § 1, eff. Nov. 1, 2015.