S-4413               _______________________________________________

                                         SUBSTITUTE SENATE BILL NO. 4623

                        _______________________________________________

State of Washington                              49th Legislature                              1986 Regular Session

By Senate Committee on Judiciary (originally sponsored by Senators Halsan, Johnson, Peterson, Bender, Bottiger, McManus, Warnke, Deccio and Lee; by request of Select Committee on Petroleum Marketing Practices)

Read first time 2/7/86.

AN ACT Relating to retail sale of motor vehicle fuel; adding a new chapter to Title 19 RCW; and making an appropriation.

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

NEW SECTION. Sec. 1.     The Washington state attorney general shall conduct a study to determine whether motor fuel refiner-suppliers are injuring competition from motor fuel retailers, by charging retailers that sell products under their trademark, prices for motor fuel which equal or exceed the prices charged for motor fuel in the same geographic market to retail customers at retail motor fuel outlets operated by company personnel, a subsidiary company, or commissioned or contract agents.  The attorney general shall report his findings and recommendations to the legislature by January 1, 1987.  For the purposes of this study, the attorney general is authorized to use all of the civil investigative demand powers enumerated in RCW 19.86.110, subject to the procedures and requirements specified in RCW 19.86.110:  PROVIDED, That disclosure of documentary material, answers to written interrogatories, or transcripts of oral testimony produced pursuant to a demand, or the contents thereof, to members of the legislature and legislative staff shall not require a court order unless the documentary material, answers to written interrogatories, or transcripts of oral testimony are identified at the time they are furnished as containing trade secrets.  When seeking a court order allowing disclosure of material containing trade secrets, the attorney general shall give reasonable notice of such proceeding to the party furnishing the material.

NEW SECTION. Sec. 2.     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 or more 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) "Retail motor fuel outlet" means any location where motor fuel is distributed for purposes other than resale.

NEW SECTION. Sec. 3.     To carry out this act, the sum of seventy-five thousand dollars, or as much thereof as may be necessary, is appropriated to the office of attorney general from the motor vehicle fund for the biennium ending June 30, 1987.

NEW SECTION. Sec. 4.     Sections 1 and 2 of this act shall constitute a new chapter in Title 19 RCW.