Report Title:

Divorcement; Exception For Dealer Agreement

 

Description:

Expands exceptions to divorcement law by allowing a manufacturer or jobber to operate a former dealer-operated retail service station if the current or new dealer is in agree with and has a contract interest in the operation. (SD1)

 

THE SENATE

S.B. NO.

653

TWENTY-FIRST LEGISLATURE, 2001

S.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO GASOLINE DEALERS.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Section 486H-10.4, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Beginning August 1, 1997, no manufacturer or jobber shall convert an existing dealer operated retail service station to a company operated retail service station; provided that nothing in this section shall limit a manufacturer or jobber from:

(1) Continuing to operate any company operated retail service stations legally in existence on July 31, 1997;

(2) Constructing and operating any new retail service stations as company operated retail service stations constructed after August 1, 1997, subject to subsection (b); [or]

(3) Operating a former dealer operated retail service station for up to twenty-four months until a replacement dealer can be found if the former dealer vacates the service station, cancels the franchise, or is properly terminated or not renewed[.]; or

(4) Operating a former dealer operated retail service station when the current or new dealer:

(A) Is in agreement with such an operation; and

(B) Has a contract interest in the operation."

SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 3. This Act, upon its approval, shall take effect on July 1, 2050.