130th Ohio General Assembly
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H. B. No. 238  As Introduced
As Introduced

129th General Assembly
Regular Session
2011-2012
H. B. No. 238


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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