02RS HB435


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HB 435 (BR 1392) - R. Webb

     AN ACT relating to fair competition in the marketing of motor fuel.
     Create new sections of KRS Chapter 365, relating to trade practices, to define "affiliate", "competition", "dealer", "motor fuel", "nonrefiner", "nonrefiner cost", "person", "posted terminal price", "refiner", "refiner cost", "relevant geographic market", "retail outlet", "sale", "supplier", "terminal facility", "ust system", and "wholesaler"; prohibit pricing schemes, price discrimination, and discriminatory rebates in the sale and marketing of motor fuel; establish legal exemptions for sales that meet lawful competition, clearance sales and liquidations, court orders, grand openings, and price differences due to differences in costs; establish a fine up to $10,000 per day for violations of the Act; allow the Attorney General to investigate violations and issue subpoenas; provide for damages to be tripled by the court for private actions seeking injunctive relief for violations of the Act; establish the short title of Kentucky Fair Competition Act of 2002.


     HCS - Delete primary provisions of the bill and require the Subcommittee on Energy to study the feasibility of legislation to prohibit the practice of selling motor fuel below cost where the effect is to injure competition.

     HFA (1, T. Kerr) - Delete "Whereas" clause declaring that selling fuel below cost is an unfair trade practice.

     HFA (2, T. Kerr) - Delete "Whereas" clauses, replace with a finding that small dealers and competition are important to the motor fuel market.

     Jan 18-introduced in House
     Jan 22-to Tourism Development and Energy (H)
     Mar 12-posting waived
     Mar 13-reported favorably, 1st reading, to Calendar with Committee Substitute
     Mar 14-2nd reading, to Rules
     Mar 15-floor amendments (1) and (2) filed to Committee Substitute
     Mar 18-recommitted to Appropriations and Revenue (H)

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