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H. B. No. 238 As IntroducedAs Introduced
| 129th General Assembly | | Regular Session | | 2011-2012 |
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Representatives Gerberry, Hagan, R.
Cosponsors:
Representatives Ramos, Murray, Pillich, Garland, Lundy, Fende, Ashford, O'Brien, Yuko, Antonio
A BILL
To enact section 3741.20 of the Revised Code to
require refiners and wholesalers of petroleum
products to submit monthly reports to the Director
of Commerce regarding petroleum products shipped
into, used in, and exported from this state and to
create the Gasoline Practices Oversight Commission
for the period ending December 31, 2013.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 3741.20 of the Revised Code be
enacted to read as follows:
Sec. 3741.20. (A) Each refiner of petroleum products and each
wholesaler of petroleum products doing business in this state
shall prepare and submit to the director of commerce on a monthly
basis a report that specifies all of the following amounts that
are attributable to the activities of the refiner or wholesaler:
(1) The amount of unrefined and refined petroleum products
that the refiner or wholesaler had brought into this state during
the previous calendar month;
(2) The amount of the petroleum products described in
division (A)(1) of this section that were consumed in this state
during the previous calendar month;
(3) The amount of the petroleum products described in
division (A)(1) of this section that were exported from this state
during the previous calendar month.
(B) Each refiner and wholesaler shall submit the report
required under division (A) of this section to the director not
later than the tenth day of the month immediately following the
month covered in the report. The director shall post a copy of
each refiner's and wholesaler's report on the web site maintained
by the department of commerce.
Section 2. (A) There is hereby created the Ohio Gasoline
Practices Oversight Commission consisting of ten members. The
President of the Senate and the Speaker of the House of
Representatives each shall appoint three persons from their
respective houses to serve as members of the Commission. Not more
than two of the members from each house shall be of the same
political party. The Governor, the Attorney General, the Auditor
of State, and the Ohio Consumers' Counsel each shall appoint one
person to serve as a member of the Commission. A vacancy shall be
filled in the same manner as the original appointment.
The Commission shall elect from among its members a
chairperson and a vice-chairperson and shall appoint a secretary
who need not be a member of the Commission. Six members of the
Commission constitute a quorum, and the affirmative vote of six
members is necessary for any action that the Commission takes. A
vacancy in the membership of the Commission does not impair the
rights of a quorum to exercise all the rights and perform all the
duties of the Commission.
(B) The Commission shall do all of the following:
(1) Examine and review the existing infrastructure that
delivers and distributes petroleum products to and within this
state;
(2) Examine the availability of petroleum products, current
gasoline pricing practices, alternative fuels for motor vehicles,
and government laws, rules, and regulations that affect the
supply, delivery, and distribution of petroleum products generally
and gasoline in particular to and within this state;
(3) Conduct hearings on the issues identified in divisions
(B)(1) and (2) of this section and thereafter formulate and
recommend a state gasoline policy to ensure both consumer
confidence in this state's gasoline supply and delivery
infrastructure and also to ensure a continuing and affordable
supply of motor vehicle fuel within this state to the benefit of
all Ohioans.
(C) In the discharge of its duties, the Commission has
authority throughout the state to administer oaths, issue
subpoenas compelling the attendance of witnesses and testimony,
and cause the deposition of witnesses residing in the state. In
case of disobedience on the part of any person to comply with a
subpoena that the Commission issues, or on the refusal of any
witness to testify to any matters regarding which the person may
be lawfully interrogated, it is the duty of the county prosecutor
in any county, on application of the Commission, to bring a
proceeding for contempt.
(D) The Commission shall issue an interim report to the
General Assembly not later than ninety days after the effective
date of this act and thereafter shall issue updated quarterly
reports. The Commission shall issue a final report during the
final quarter of 2013. On December 31, 2013, the Commission shall
cease to exist.
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