S-3311.3          _______________________________________________

 

                                 SENATE BILL 6392

                  _______________________________________________

 

State of Washington              52nd Legislature             1992 Regular Session

 

By Senators Erwin, A. Smith, Thorsness and Conner

 

Read first time 01/28/92.  Referred to Committee on Commerce & Labor.Regulating wholesale gas prices.


     AN ACT Relating to preventing price discrimination by major oil companies; and adding a new chapter to Title 19 RCW.

 

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

 

     NEW SECTION.  Sec. 1.      It is the intent of the legislature that petroleum products be readily available to all residents of the state at prices that are reasonable and reflect the costs of production and offer an opportunity for all parties in the business of manufacturing, wholesaling, and retailing the products to achieve a reasonable return on investment.  It is also the intent of the legislature that fair competition be encouraged among parties in the petroleum products industries and to promote both competition and a reasonable return on investment.

 

     NEW SECTION.  Sec. 2.      The federal price discrimination act, 15 U.S.C. Sec. 13, as existing on January 13, 1992, applies as a matter of state law to the sale of motor fuel in this state.

 

     NEW SECTION.  Sec. 3.      This chapter is a matter affecting the public interest for the purposes of applying chapter 19.86 RCW.  The violation of this chapter is not reasonable in relation to the development and preservation of business.  A violation of this chapter constitutes an unfair or deceptive act or practice in trade or commerce for the purpose of applying chapter 19.86 RCW.  However, the court may not increase the award of damages to three times actual damages as described in RCW 19.86.090.

 

     NEW SECTION.  Sec. 4.      Unless the context clearly requires otherwise, for the purposes of this chapter "motor fuel" means a petroleum product used for the propulsion of motor vehicles, not including airplanes, trains, or marine vessels.

 

     NEW SECTION.  Sec. 5.      Sections 1 through 4 of this act shall constitute a new chapter in Title 19 RCW.