Report Title:
Gasoline Dealers
Description:
Creates an exception to the gasoline retail 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 agreement and when the contract dealer has a contract interest in the operation. Effective 2050. (HB815 HD2)
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
815 |
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TWENTY-FIRST LEGISLATURE, 2001 |
H.D. 2 |
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STATE OF HAWAII |
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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] six 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, provided that the contract dealer does not sell at retail more than 75,000 gallons of gasoline per month for every six-month period in the operation of the retail service station as reported to the petroleum advisory council pursuant to section 486J-22.
As used in this paragraph "contract dealer" means a dealer operated retail service station that surrenders its unexpired franchise agreement to the manufacturer or jobber who owns, leases, or controls the retail service station in consideration for an agreement with the manufacturer or jobber to operate the retail service station on mutually acceptable terms."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect on June 30, 2050.