Connecticut 2019 Regular Session

Connecticut Senate Bill SB00419 Compare Versions

Version 1 (Old)

Version 2 (New)

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7	7		General Assembly Committee Bill No. 419
8	8		January Session, 2019
9	9		LCO No. 5946
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11	11
12	12		Referred to Committee on TRANSPORTATION
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14	14
15	15		Introduced by:
16	16		(TRA)
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19	19
20	20		AN ACT PROHIBITING GASOLINE ZONE PRICING.
21	21		Be it enacted by the Senate and House of Representatives in General
22	22		Assembly convened:
23	23
24	24		Section 1. Section 16a-23 of the general statutes is repealed and the 1
25	25		following is substituted in lieu thereof (Effective October 1, 2019): 2
26	26		(a) No person engaged in the business of refining petroleum into 3
27	27		gasoline and furnishing gasoline to retail distributors of gasoline for 4
28	28		sale to the public in this state shall fail to furnish gasoline to 5
29	29		independent retail distributors of gasoline in this state, whether or not 6
30	30		franchised by such person, at wholesale prices in reasonable quantities 7
31	31		as long as [he] such person continues to furnish gasoline to retail 8
32	32		distributors of gasoline in this state which are wholly owned by [him] 9
33	33		such person or operated under a franchise granted by [him] such 10
34	34		person. 11
35	35		(b) It shall constitute, prima facie, a violation of the provisions of 12
36	36		subsection (a) of this section for any such person (1) during any 13
37	37		calendar month beginning after July 1, 1973, to deliver to independent 14
38	38		retail distributors of gasoline in this state a percentage of the total 15
39		-	gallons of gasoline delivered by [him] such person to all retail 16 Committee Bill No. 419
	39	+	gallons of gasoline delivered by [him] such person to all retail 16
	40	+	Committee Bill No. 419
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46	45		distributors of gasoline in this state during that month which is lower 17
47	46		than the percentage of the total gallons of gasoline delivered by [him] 18
48	47		such person to all retail distributors of gasoline in this state during the 19
49	48		period from July 1, 1971, to June 30, 1972, which was delivered by 20
50	49		[him] such person to independent retail distributors of gasoline in this 21
51	50		state during that period, or (2) to sell gasoline to independent retail 22
52	51		distributors of gasoline in this state at a price during any such month 23
53	52		which is greater than (A) the average price at which [he] such person 24
54	53		sold gasoline to such distributors during the period from July 1, 1971, 25
55	54		to June 30, 1972, increased by (B) a percentage equal to the percentage 26
56	55		by which the average price for gasoline sold during that month to 27
57	56		retail distributors of gasoline which are wholly owned by, or operated 28
58	57		under a franchise granted by, that person exceeds the average price for 29
59	58		gasoline sold to such distributors during the period from July 1, 1971, 30
60	59		to June 30, 1972. 31
61	60		(c) No producer or refiner of petroleum products who is subject to 32
62	61		the provisions of section 14-344a and furnishes gasoline to retail 33
63	62		distributors of gasoline for sale to the public in this state shall use a 34
64	63		pricing system under which the wholesale price paid for such gasoline 35
65	64		by such retail distributor is determined based on the geographic 36
66	65		location of such retail distributor in this state, or any other system that 37
67	66		would prevent retail distributors of gasoline from paying lower prices 38
68	67		on an equal basis with other retail distributors of gasoline in this state. 39
69	68		Any such producer or refiner shall not discriminate in the price of such 40
70	69		gasoline charged to retail distributors of gasoline in this state, except to 41
71	70		offer discounts or rebates that may be determined by such producer or 42
72	71		refiner from time to time. Such discounts or rebates shall be disclosed 43
73	72		by such producer or refiner to the retail distributors and shall be 44
74	73		offered by such producer or refiner to all of its retail distributors on 45
75	74		equal terms and conditions. When offered, all such discounts or 46
76	75		rebates and the time period they are offered shall be listed as a 47
77	76		separate line item entry on each invoice of the producer or refiner. 48
78		-	[(c)] (d) A violation of the provisions of subsection (a) or (c) of this 49 Committee Bill No. 419
	77	+	[(c)] (d) A violation of the provisions of subsection (a) or (c) of this 49
	78	+	Committee Bill No. 419
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85	83		section constitutes an unfair trade practice within the provisions of 50
86	84		chapter 735a. 51
87	85		This act shall take effect as follows and shall amend the following
88	86		sections:
89	87
90	88		Section 1 October 1, 2019 16a-23
91	89
92		-	TRA Joint Favorable C/R GL
	90	+	Statement of Purpose:
	91	+	To prohibit the market manipulation of gasoline zone pricing based on
	92	+	a service station's geographic location.
	93	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
	94	+	except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
	95	+	not underlined.]
	96	+
	97	+	Co-Sponsors: SEN. HWANG, 28th Dist.; SEN. HASKELL, 26th Dist.
	98	+	REP. STEINBERG, 136th Dist.; REP. SIMMONS, 144th Dist.
	99	+
	100	+	S.B. 419
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93	102