Report Title:

Gasoline Price Regulations; Governor's Order

Description:

Makes the provisions of gasoline price regulations contained in section 486H-13, HRS, subject to the governor's determination whether they should be made operative or subsequently suspended.

HOUSE OF REPRESENTATIVES

H.B. NO.

1705

TWENTY-THIRD LEGISLATURE, 2005

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to gasoline.

 

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

SECTION 1. Chapter 486H, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§486H- Governor's determination. (a) Notwithstanding any law to the contrary, the provisions of section 486H-13 shall not become operable until and unless the governor publishes a notice statewide in accordance with section 1-28.5 that the implementation of the provisions of section 468H-13 are beneficial to the economic well-being, health, and safety of the people of the State. Section 486H-13 shall become operable five days after the publication of the notice by the governor unless otherwise specified by the governor.

(b) Once made effective by the governor pursuant to subsection (a), section 486H-13 shall remain in effect until the governor publishes a notice statewide in accordance with section 1-28.5 making section 486H-13 inoperable. The inoperability of section 486H-13 shall become effective upon the issuance of the written determination by the governor.

(c) The governor may subsequently cause section 486H-13 to become operable or inoperable, as the case may be, pursuant to the procedures set forth in subsections (a) and (b).

SECTION 2. Section 486H-15, Hawaii Revised Statutes, is repealed.

["§486H-15 Governor's emergency powers. (a) Notwithstanding any law to the contrary, the governor may suspend, in whole or in part, section 486H-13 or any rule adopted pursuant to that section whenever the governor issues a written determination that strict compliance with the section or a rule will cause a major adverse impact on the economy, public order, or the health, welfare, or safety of the people of Hawaii. In the written determination, the governor shall state the specific provision of the section or rule that strict compliance with will cause a major adverse impact on the economy, public order, or the health, welfare, or safety of the people of the State, along with specific reasons for that determination. The governor shall publish this determination in accordance with section 1-28.5. The suspension shall take effect upon issuance of the written determination by the governor.

(b) Except as provided in subsection (c), the suspension under subsection (a) shall remain in effect until the earlier of:

(1) The adjournment of the next regular or special session of the legislature; or

(2) The effective date of any legislative enactment intended to address the major adverse impact;

provided that if the legislature has passed legislation to address the major adverse impact, and the governor vetoes the presented legislation, the suspension shall terminate on the date of that veto, and the maximum pre-tax wholesale gasoline prices in effect immediately prior to the issuance of the written determination by the governor shall take effect on the day after the date of the veto; and provided further that if no action is taken by the legislature during the regular or special session to address the major adverse impact, then the maximum pre-tax wholesale gasoline prices in effect immediately prior to the issuance of the written determination by the governor shall take effect on the day after adjournment sine die of the regular or special session.

(c) If the written determination is issued while the legislature is in session, the suspension under subsection (a) shall remain in effect until the earlier of:

(1) The adjournment of that session of the legislature; or

(2) The effective date of any legislative enactment intended to address the major adverse impact;

provided that if the legislature has passed legislation to address the major adverse impact, and the governor vetoes the presented legislation, the suspension shall terminate on the date of that veto, and the maximum pre-tax wholesale gasoline prices in effect immediately prior to the issuance of the written determination by the governor shall take effect on the day after the date of the veto; and provided further that if no action is taken by the legislature during the regular or special session to address the major adverse impact, then the maximum pre-tax wholesale gasoline prices in effect immediately prior to the issuance of the written determination by the governor shall take effect on the day after adjournment sine die of the regular or special session."]

SECTION 3. For any fiscal year during which section 486H-13 was not operable for more than one hundred eighty days, the governor shall submit a report to the legislature no later than twenty days prior to the convening of the next regular session explaining:

(1) The reasons, along with all relevant facts and statistics, why the governor did not believe that the operability of section 486H-13 during the previous fiscal year would have been beneficial to the economic well-being, health, and safety of the people of the State; and

(2) All efforts the administration has undertaken during the prior fiscal year to:

(A) Increase competition in the gasoline wholesale market in the State;

(B) Reduce the pre-tax wholesale price of gasoline in the State; and

(C) Otherwise improve the market for gasoline in the State.

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:

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