View Amendment Current Amendment: 3478R001.WGR.docx to Bill 3478     The Committee on Labor, Commerce and Industry proposed the following amendment (3478R001.WGR):

    Amend the bill, as and if amended, page 1, by striking line 25 and inserting:
/     SECTION     1.     Subsections (A), (B), (C), (F), and (G) of Section         /

    Amend the bill further, as and if amended, page 2, by striking lines 21-23 and inserting:
/     fuel are responsible for ensuring that the products set forth in this statute are delivered to every terminal and every terminal operator located in this state with which they have a contract.         /

Amend the bill further, page 2, by striking lines 24-29 and inserting:
/     (F)     A violation of this article is deemed an unfair trade practice, and each violation is a separate offense. A person or entity violating the provisions of this article is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars for each violation. It shall not be a violation of this article when compliance is hindered by any catastrophic event outside the control of the person or entity such as a natural disaster, severe weather event, act of God, or acts of terrorism, fire, war or riot.
    (G)     Wholesalers purchasing gasoline, gasoline blending stock, or diesel are responsible for ensuring that their activities result in gasolines and diesels that meet the standards promulgated by the Commissioner of Agriculture. Refiners, suppliers, and permissive suppliers shall not be liable for fines, penalties, injuries, or damages arising out of the subsequent blending of gasoline, gasoline blending stock, or diesel pursuant to this section. An entity that does not blend the product at issue has no duty with respect to blending and shall not be liable for fines, penalties, injuries, or damages arising out of blending that does not meet those standards. A refiner, supplier, wholesaler or retailer is not liable for damages caused by the use of incompatible motor fuel dispensed at a retail site if all of the following applies:
        (1) the incompatible fuel meet the standards promulgated by the Commissioner of Agriculture;
        (2) the incompatible fuel is selected by a person other than the retailer, including an employee or agent of the retailer; and
        (3) the incompatible fuel is dispensed from a motor fuel dispenser that correctly labels the type of fuel dispensed.
For the purposes of this subsection, a motor fuel is incompatible with a motor according to the manufacturer of the motor."         /

    Renumber sections to conform.
    Amend title to conform.