Current Status Introducing Body:Senate Bill Number:882 Primary Sponsor:Drummond Committee Number:12 Type of Legislation:GB Subject:Fair Wholesale Pricing of Motor Fuel Act Residing Body:Senate Current Committee:Labor, Commerce & Industry Companion Bill Number:3962 Computer Document Number:JIC/5546.HC Introduced Date:Apr 16, 1991 Last History Body:Senate Last History Date:Apr 17, 1991 Last History Type:Referred to Committee Scope of Legislation:Statewide All Sponsors:Drummond Land Williams Type of Legislation:General Bill
Bill Body Date Action Description CMN
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882 Senate Apr 17, 1991 Referred to Committee 12
882 Senate Apr 17, 1991 Recalled from Committee 02
882 Senate Apr 16, 1991 Introduced, read first time, 02
referred to Committee
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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-41-55 SO AS TO ENACT THE "FAIR WHOLESALE PRICING OF MOTOR FUEL ACT", BY PROHIBITING A MOTOR FUEL REFINER OR SUPPLIER FROM SELLING AT WHOLESALE AT A PRICE GREATER THAN OR EQUAL TO THE PRICE THE REFINER OR SUPPLIER SELLS THE SAME GRADE OF MOTOR FUEL AT A RETAIL OUTLET OPERATED BY THE REFINER OR SUPPLIER OR GREATER THAN OR EQUAL TO THE LOWEST PRICE THE REFINER OR SUPPLIER SELLS THE SAME GRADE OF MOTOR FUEL TO A COMMERCIAL ACCOUNT, AND TO PROVIDE FOR INJUNCTIVE RELIEF AND TREBLE DAMAGES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The General Assembly finds that:
(1) the distribution of motor fuel vitally affects the general welfare of this State;
(2) the continued viability of independent retailers and distributors is essential to the preservation of a fair and competitive motor fuel market;
(3) unfair wholesale pricing policies threaten the viability of independent retailers and distributors as competitors essential to a healthy motor fuel market.
SECTION 2. This act may be cited as the "Fair Wholesale Pricing of Motor Fuel Act".
SECTION 3. Article 1, Chapter 41, Title 39 of the 1976 Code is amended by adding:
"Section 39-41-55. (A) As used in this section:
(1) `Refiner-Supplier' means a person engaged in the refining of petroleum products or in supplying petroleum products to distributors. This term does not include a distributor.
(2) `Distributor' means a person, other than a refiner-supplier who purchases motor fuel for sale, consignment, or distribution to another.
(3) `Retailer' means a person other than a refiner-supplier who purchases motor fuel for sale to the general public for ultimate consumption.
(4) `Operated by a refiner-supplier' includes an outlet run by employees or affiliates, a subsidiary company, or a commissioned agent on behalf of the refiner-supplier.
(B) No refiner-supplier may sell or offer to sell any grade of motor fuel to a retailer or distributor for a wholesale price that is greater than or equal to:
(1) the lowest price that the refiner-supplier sells or offers to sell the grade of motor fuel through a retail outlet operated by the refiner-supplier in this State less reasonable cost of doing business at a retail outlet.
(2) the lowest price that the refiner-supplier sells or offers to sell the grade of motor fuel to a commercial account less the reasonable costs of the functions required to sell the motor fuel to the commercial account.
(C) In an action commenced under this section, the court shall grant temporary or permanent injunctive relief to a person upon showing that the wholesale price to the retailer or distributor is not in compliance with the requirements of this section.
(D) A person may maintain an action for treble the amount of damages shown to have been incurred by a violation of the provisions of this section."
SECTION 4. This act takes effect upon approval by the Governor.