Synopsis As Introduced Creates the Motor Fuel Fair Marketing Practices Act. Prohibits price gouging on the retail sale of motor fuel in response to the occurrence of a disaster. Provides that a violation of the federal Robinson-Patman Act with respect to the retail sale of motor fuel constitutes a violation of this Act. Prohibits the practice of selling motor fuel at retail prices that are below cost, where the effect is to injure or lessen competition. Provides for investigation and enforcement by the Attorney General. Provides for civil penalties for a violation of the Act. Effective July 1, 2005.
House Committee Amendment No. 1 Deletes everything after the enacting clause. Creates the Motor Fuel Fair Marketing Practices Act with provisions different than those contained in the new Act that was created by the introduced bill. Provides that it is a violation of the Act to engage in motor fuel price gouging in response to the occurrence of a national disaster or State emergency, except where the sale is both an isolated and inadvertent incident. Provides that in certain instances it is not a violation of the Act to sell or advertise for sale motor fuel at a retail price that would constitute a below cost sale. Allows concessions of up to 5% of the motor fuel sale, provided that the concessions are not given by the motor fuel retailer or an affiliate, that the cost of the concessions are not borne by the motor fuel retailer or affiliate, and that the concessions do not reduce the pump price and net amount paid for the motor fuel at the time of the sale. Provides that if there is a concession that exceeds 5%, that otherwise meets the specified criteria, the motor fuel retailer is required to take certain actions to stop the excess portion of the concession. Provides that the Department of Revenue and the Attorney General shall have certain powers and duties under the Act. Establishes a Motor Fuel Cost Review Board. Provides the remedies and penalties for selling motor fuel below cost and price gouging.