May 22, 2008, Introduced by Reps. Nitz, Calley, Meltzer, Horn and Moore and referred to the Committee on Transportation.
A bill to require refiners and distributors of motor fuel to
submit monthly reports to the director of the department of
agriculture regarding motor fuel shipped into, used in, and
exported from this state; to require retailers of gasoline to
submit a written notice to the director if the retailer increases
the price of gasoline sold at the pump by 7 cents or more during a
calendar week; to create and establish the powers and duties of the
gasoline practices oversight commission; and to repeal acts and
parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. As used in this act:
(a) "Calendar week" means the time period beginning at 12
midnight on Sunday and ending at 12 midnight on the Sunday
immediately following that initial Sunday.
(b) "Commission" means the gasoline practices oversight
commission created in section 7.
(c) "Department" means the department of agriculture.
(d) "Director" means the director of the department.
(e) "Motor fuel" means that term as defined in section 2 of
the motor fuel distribution act, 1990 PA 134, MCL 445.1802.
(f) "Refiner" means that term as defined in section 2 of the
motor fuel distribution act, 1990 PA 134, MCL 445.1802.
(g) "Retailer" means that term as defined in section 2 of the
motor fuel distribution act, 1990 PA 134, MCL 445.1802.
(h) "Wholesaler" means a distributor, as that term is defined
in section 2 of the motor fuel distribution act, 1990 PA 134, MCL
445.1802.
Sec. 3. (1) Each refiner of motor fuel and each distributor of
motor fuel doing business in this state shall prepare and submit to
the director on a monthly basis a report that specifies all of the
following amounts that are attributable to the activities of the
refiner or distributor:
(a) The amount of unrefined and refined motor fuel that the
refiner or distributor had brought into this state during the
previous calendar month.
(b) The amount of the motor fuel described in subdivision (a)
that was consumed in this state during the previous calendar month.
(c) The amount of the motor fuel described in subdivision (a)
that was exported from this state during the previous calendar
month.
(2) Each refiner and distributor shall submit the report
required under subsection (1) to the director by the tenth day of
the month immediately following the month covered in the report.
(3) The director shall post a copy of each refiner and
distributor's report on the department's website.
Sec. 5. If a retailer increases the price of a motor fuel sold
directly to consumers at a retail location in this state during a
calendar week, and the total amount of any increases occurring in
that week equals or will equal an increase of 7 cents or more in
the price of a motor fuel sold as compared to the price of that
motor fuel sold on the previous Sunday of that calendar week, the
retailer shall submit a written notice to the director informing
the director that the retailer has or will increase by 7 cents or
more the price of that motor fuel sold during that calendar week.
The retailer shall include in the notice the reason for that price
increase. The retailer shall submit the notice at any time during
the time period beginning 24 hours before the time the price
increase that results or will result in an increase of 7 cents or
more in the price of the motor fuel during that calendar week takes
effect and ending 24 hours after the time the price increase takes
effect.
Sec. 7. (1) The gasoline practices oversight commission is
established.
(2) The commission shall consist of 9 members appointed as
follows:
(a) Three members of the senate appointed by the majority
leader of the senate, at least 1 from the minority party.
(b) Three members of the house appointed by the speaker of the
house of representatives, at least 1 from the minority party.
(c) Two members appointed by the governor.
(d) One member appointed by the attorney general.
(3) Each member of the committee shall serve at the pleasure
of the person who appointed the member. A vacancy shall be filled
in the same manner as the original appointment for the balance of
the unexpired term.
(4) The term of office of each member of the commission
appointed by the governor or attorney general is 2 years, and the
governor or attorney general may reappoint an individual for
additional terms. The term of a member appointed from the
legislature expires at the end of the legislative session in which
he or she is appointed and that member may only be reappointed if
he or she is a current member of the legislature.
(5) The commission shall conduct its business at public
meetings held in compliance with the open meetings act, 1976 PA
267, MCL 15.261 to 15.275. Any writing prepared, owned, used, in
the possession of, or retained by the commission when performing
business of the commission is subject to the freedom of information
act, 1976 PA 442, MCL 15.231 to 15.246.
(6) The commission shall elect from among its members a
chairperson and a vice-chairperson. The commission shall appoint a
secretary.
(7) Five members of the commission constitute a quorum, and
the affirmative vote of 5 members is necessary for any action taken
by the commission. 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.
Sec. 9. (1) The commission shall do all of the following:
(a) Examine and review the existing infrastructure that
delivers and distributes motor fuel to and within this state.
(b) Examine the availability of motor fuel, current motor fuel
pricing practices, alternative fuels for motor vehicles, and
government laws, rules, and regulations that affect the supply,
delivery, and distribution of motor fuel generally and in
particular to and within this state.
(c) Conduct hearings on the issues described in subdivisions
(a) and (b) and after those hearings formulate and recommend a
state motor fuel policy, to ensure consumer confidence in this
state's motor fuel supply and delivery infrastructure and ensure a
continuing and affordable supply of motor fuel for residents of
this state.
(2) In the discharge of its duties under this act, the
commission may administer oaths and affirmations, certify to
official acts, issue subpoenas, and compel the attendance and
testimony of witnesses and the production of papers, books, and
documents. If a person fails to comply with a subpoena issued under
this section or refuses to testify on any matter concerning which
he or she may lawfully be questioned, the commission or its
authorized representative may invoke the aid of a court of general
jurisdiction. The court may order the witness to comply with the
requirements of the subpoena or give evidence concerning the matter
in question and may punish a failure to obey that order as
contempt.
(3) Beginning on the effective date of this act, within 30
days after the end of each calendar quarter through the third
calendar quarter of 2009, the commission shall issue an interim
report to the legislature concerning its activities and duties
under this act. The commission shall issue a final report
concerning its activities and duties under this act during the
final calendar quarter of 2009.
Enacting section 1. This act does not take effect unless
Senate Bill No.____ or House Bill No. 6161(request no. 04689'07) of
the 94th Legislature is enacted into law.
Enacting section 2. This act is repealed effective December
31, 2009.