General Assembly Raised Bill No. 5220
February Session, 2010 LCO No. 1130
*01130_______GL_*
Referred to Committee on General Law
Introduced by:
(GL)
General Assembly
Raised Bill No. 5220
February Session, 2010
LCO No. 1130
*01130_______GL_*
Referred to Committee on General Law
Introduced by:
(GL)
AN ACT CONCERNING COMPETITION IN THE MOTOR FUEL INDUSTRY.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Subsection (a) of section 35-25 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2011):
(a) "Commodity" means any goods, merchandise, wares, produce, chose in action, patents, trade marks, land articles of commerce, motor fuel, as defined in section 14-327a, or any other tangible or intangible property, real, personal, or mixed, for use, consumption, enjoyment, or resale;
Sec. 2. (NEW) (Effective January 1, 2011) (a) No person or entity owning or having common control of more than fifty per cent of any two or more of the following segments of the motor fuel industry in this state: (1) Production or refining, (2) distribution, (3) terminals used for the loading, unloading or storage of motor fuel, or (4) retail sale of motor fuel to the general public for ultimate consumption, shall use such ownership or control with the intent or effect of restraining competition in such motor fuel industry. For purposes of this subsection, "motor fuel" shall have the same meaning as defined in section 14-327a of the general statutes.
(b) Whenever the Attorney General, his or her deputy or any assistant attorney general designated by the Attorney General has reason to believe that any person has violated subsection (a) of this section, he or she may, prior to instituting any action or proceeding against such person, issue in writing and cause to be served upon any person, by subpoena duces tecum, a demand requiring such person to submit to him or her documentary material relevant to the scope of the alleged violation. For the purposes of this section, "documentary material" includes, but is not limited to, any information in a written, recorded or electronic form.
(c) Such demand shall (1) state the nature of the alleged violation, (2) describe the class or classes of documentary material to be reproduced thereunder with such definiteness and certainty as to be accurately identified, and (3) prescribe a date which would allow a reasonable time to assemble such documentary material for compliance.
(d) (1) All documentary material furnished to the Attorney General, his or her deputy or any assistant attorney general designated by the Attorney General, pursuant to a demand issued under subsection (b) of this section, shall be held in the custody of the Attorney General, or the Attorney General's designee, and shall not be available to the public. Such documentary material shall be returned to the person furnishing such documentary material upon the termination of the Attorney General's investigation or final determination of any action or proceeding commenced thereunder.
(2) All documentary material or other information furnished voluntarily to the Attorney General, his or her deputy or any assistant attorney general designated by the Attorney General for suspected violations of the provisions of subsection (a) of this section and the identity of the person furnishing such documentary material or other information shall be held in the custody of the Attorney General, or the Attorney General's designee, and shall not be available to the public. Such documentary material or other information shall be returned to the person furnishing such documentary material or other information upon the termination of the Attorney General's investigation or final determination of any action or proceeding commenced thereunder.
(e) No such demand shall require the submission of any documentary material, the contents of which would be privileged or precluded from disclosure if demanded in a grand jury investigation.
(f) The Attorney General, his or her deputy or any assistant attorney general designated by the Attorney General may, during the course of an investigation of any violations of the provisions of subsection (a) of this section by any person, (1) issue in writing and cause to be served upon any person, by subpoena, a demand that such person appear before him or her and give testimony as to any matters relevant to the scope of the alleged violations. Such appearance shall be under oath and a written transcript made of the same, a copy of which shall be furnished to such person appearing and shall not be available for public disclosure; and (2) issue written interrogatories prescribing a return date which would allow a reasonable time to respond, which responses shall be under oath and shall not be available for public disclosure.
(g) In the event any person fails to comply with the provisions of subsections (b) to (f), inclusive, of this section, (1) the Attorney General, his or her deputy or any assistant attorney general designated by the Attorney General may apply to the superior court for the judicial district of Hartford for compliance, which court may, upon notice to such person, issue an order requiring such compliance, which shall be served upon such person; (2) the Attorney General, his or her deputy or any assistant attorney general designated by the Attorney General may also apply to the superior court for the judicial district of Hartford for an order, which court may, after notice to such person and hearing thereon, issue an order requiring the payment of civil penalties to the state in an amount not to exceed five thousand dollars.
(h) The Attorney General shall cooperate with officials of the federal government and the several states, including, but not limited to the sharing and disclosure of information and evidence obtained under the purview of this section.
(i) Service of subpoenas ad testificandum, subpoenas duces tecum, notices of deposition and written interrogatories, as provided in this section, may be made by: (1) Personal service or service at the usual place of abode; or (2) registered or certified mail, return receipt requested, a duly executed copy thereof addressed to the person to be served at such person's principal place of business in this state or, if such person has no principal place of business in this state, at such person's principal office or such person's residence.
(j) A violation of subsection (a) of this section shall be deemed an unfair or deceptive trade act or practice under subsection (a) of section 42-110b of the general statutes.
This act shall take effect as follows and shall amend the following sections:
Section 1 January 1, 2011 35-25(a)
Sec. 2 January 1, 2011 New section
This act shall take effect as follows and shall amend the following sections:
Section 1
January 1, 2011
35-25(a)
Sec. 2
January 1, 2011
New section
Statement of Purpose:
To promote competition in the motor fuel industry in order to lower retail motor fuel prices.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]