SB 699

This bill allows the Wisconsin Propane Education and Research Council to levy

an assessment on odorized propane against certain licensed propane retailers.

The bill requires the Wisconsin Propane Gas Association to conduct a

referendum among its retailer members on the question of whether to allow the

council to levy an assessment on odorized propane. The bill defines a “retailer" as

a person who sells propane at retail to the ultimate consumer and who is licensed to

do so by the Department of Safety and Professional Services. If approved in the

referendum, the council has the authority to levy an initial annual assessment

amount of no more than two-tenths of one cent per gallon of odorized propane sold

for use in this state. After the initial assessment, the council is required to set annual

assessments in an amount sufficient to cover the costs of programs developed by the

council, but the assessment amount may not be raised by more than one-twentieth

of one cent per gallon of odorized propane annually unless approved in a referendum

among retailer members of the Wisconsin Propane Gas Association and approved by

the council's board of directors.

Under the bill, the owner of propane immediately prior to its odorization or the

owner of odorized propane at the time of its import into this state is responsible for

collecting the assessments from retailers who purchase the odorized propane for use

in this state. The owner is required to remit the collected assessments to the council

on a monthly basis or be subject to an interest penalty on any amount that is not

timely remitted. The bill also allows the council to establish an alternative means

of collecting assessments.

The bill provides that a propane purchaser who pays an assessment may secure

a refund by submitting a written refund application to the council with proof of the

assessment that was charged. A purchaser who obtains a refund is not eligible for

any benefits provided under the council's programs.

The bill also allows the council to bring an action in circuit court to compel the

remittance of collected assessments and allows the council to recover its costs and

disbursements, including reasonable attorney fees, for bringing the action.