S-3661               _______________________________________________

                                                   SENATE BILL NO. 4622

                        _______________________________________________

State of Washington                              49th Legislature                              1986 Regular Session

By Senators Halsan, Johnson, Peterson, Bender, Bottiger, McManus, Warnke, Deccio and Lee; by request of Select Committee on Petroleum Marketing Practices

Read first time 1/17/86 and referred to Committee on Transportation.

AN ACT Relating to the retail sale of motor vehicle fuels; and adding a new chapter to Title 19 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.     Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

          (1) "Motor fuel refiner-supplier" means any person, firm, or corporation, including any affiliate of the person, firm, or corporation engaged in the refining of crude oil into petroleum who supplies motor fuel for sale, consignment, or distribution through retail outlets, and has an operable refinery capacity of three hundred twenty-five thousand barrels a day, as reported to the federal department of energy.

          (2) "Motor fuel retailer" means a person, firm, or corporation engaged primarily in the sale of motor fuel pursuant to a motor fuel franchise entered into with a refiner-supplier.

          (3) "Motor fuel" means gasoline or diesel fuel of a type distributed for use in self-propelled motor vehicles and includes gasohol and aviation fuels.

          (4) "Retail motor fuel outlet" means any location where motor fuel is distributed for purposes other than resale.

          (5) "Affiliate" means any person, firm, or corporation who controls or is controlled by any motor fuel refiner-supplier, and includes any subsidiary or affiliated corporation in which the motor fuel refiner-supplier or its shareholders, officers, agents, or employees hold or control more than twenty-five percent of the voting shares.

NEW SECTION. Sec. 2.     No motor fuel refiner-supplier may operate any retail motor fuel outlet in the state of Washington with company personnel, a subsidiary company, or a commissioned agent or under a contract with any person, firm, or corporation managing any such outlet on a fee arrangement with the motor fuel refiner-supplier when the combined retail sales of all motor fuel refiner-supplier operated retail outlets reaches twenty percent or more of the total volume sold state-wide as determined by the department of licensing using reported sales volume.  The retail motor fuel outlet must be operated by a motor fuel retailer.

NEW SECTION. Sec. 3.     Sections 1 and 2 of this act shall constitute a new chapter in Title 19 RCW.