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General Assembly Committee Bill No. 419
January Session, 2019
LCO No. 5946
Referred to Committee on TRANSPORTATION
Introduced by:
(TRA)
AN ACT PROHIBITING GASOLINE ZONE PRICING.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 16a-23 of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective October 1, 2019): 2
(a) No person engaged in the business of refining petroleum into 3
gasoline and furnishing gasoline to retail distributors of gasoline for 4
sale to the public in this state shall fail to furnish gasoline to 5
independent retail distributors of gasoline in this state, whether or not 6
franchised by such person, at wholesale prices in reasonable quantities 7
as long as [he] such person continues to furnish gasoline to retail 8
distributors of gasoline in this state which are wholly owned by [him] 9
such person or operated under a franchise granted by [him] such 10
person. 11
(b) It shall constitute, prima facie, a violation of the provisions of 12
subsection (a) of this section for any such person (1) during any 13
calendar month beginning after July 1, 1973, to deliver to independent 14
retail distributors of gasoline in this state a percentage of the total 15
gallons of gasoline delivered by [him] such person to all retail 16 Committee Bill No. 419
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distributors of gasoline in this state during that month which is lower 17
than the percentage of the total gallons of gasoline delivered by [him] 18
such person to all retail distributors of gasoline in this state during the 19
period from July 1, 1971, to June 30, 1972, which was delivered by 20
[him] such person to independent retail distributors of gasoline in this 21
state during that period, or (2) to sell gasoline to independent retail 22
distributors of gasoline in this state at a price during any such month 23
which is greater than (A) the average price at which [he] such person 24
sold gasoline to such distributors during the period from July 1, 1971, 25
to June 30, 1972, increased by (B) a percentage equal to the percentage 26
by which the average price for gasoline sold during that month to 27
retail distributors of gasoline which are wholly owned by, or operated 28
under a franchise granted by, that person exceeds the average price for 29
gasoline sold to such distributors during the period from July 1, 1971, 30
to June 30, 1972. 31
(c) No producer or refiner of petroleum products who is subject to 32
the provisions of section 14-344a and furnishes gasoline to retail 33
distributors of gasoline for sale to the public in this state shall use a 34
pricing system under which the wholesale price paid for such gasoline 35
by such retail distributor is determined based on the geographic 36
location of such retail distributor in this state, or any other system that 37
would prevent retail distributors of gasoline from paying lower prices 38
on an equal basis with other retail distributors of gasoline in this state. 39
Any such producer or refiner shall not discriminate in the price of such 40
gasoline charged to retail distributors of gasoline in this state, except to 41
offer discounts or rebates that may be determined by such producer or 42
refiner from time to time. Such discounts or rebates shall be disclosed 43
by such producer or refiner to the retail distributors and shall be 44
offered by such producer or refiner to all of its retail distributors on 45
equal terms and conditions. When offered, all such discounts or 46
rebates and the time period they are offered shall be listed as a 47
separate line item entry on each invoice of the producer or refiner. 48
[(c)] (d) A violation of the provisions of subsection (a) or (c) of this 49 Committee Bill No. 419
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section constitutes an unfair trade practice within the provisions of 50
chapter 735a. 51
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2019 16a-23
TRA Joint Favorable C/R GL