SB 5980 - DIGEST

(SEE ALSO PROPOSED 1ST SUB)

     Declares an intent to level the playing field between all retail dealers of petroleum products in order to remove unfair competitive advantages, to promote competition on the merits at the retail level of motor fuel marketing, and to promote a competitive environment that will not penalize efficiency in retail marketing, but will enhance consumer choice.

     Declares that this act is deemed remedial in nature, and does not carry any criminal liability for defendants in any action brought.  However, civil penalties must be imposed in actions where the court finds unfair use of economic power being exerted by any party found to be in violation of this chapter.

     Provides that, for any violation of this act, the court shall impose a civil penalty of no less than five hundred dollars and no more than ten thousand dollars per day during which the defendant is found to be in violation.

     Authorizes the attorney general to bring an action in the name of the state against any person to restrain and prevent the doing of any act prohibited by this chapter.  The prevailing party may, in the discretion of the court, recover the costs of the action, including reasonable attorneys' fees.