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SF 3799

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to restraint of trade; prohibiting sales of gasoline at grossly excessive
price; authorizing expedited rulemaking; imposing penalties; amending
Minnesota Statutes 2004, sections 325D.071; 325D.072; 325D.71.

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

Section 1.

Minnesota Statutes 2004, section 325D.071, is amended to read:


325D.071 VIOLATIONS; PENALTIES.

Any person, firm, or corporation, whether as principal, agent, officer, or director,
for itself, or for another person, firm, or corporation, willfully violating the provisions of
deleted text begin sectionsdeleted text end new text begin sectionnew text end 325D.03deleted text begin ,deleted text end new text begin ;new text end 325D.04deleted text begin , anddeleted text end new text begin ;new text end 325D.05new text begin ; or 325D.71, subdivision 2, new text end shall be
guilty of a misdemeanor.

Any person who, either as director, officer, or agent of any firm or corporation or as
agent of any person violating the provisions of deleted text begin sectionsdeleted text end new text begin sectionnew text end 325D.03deleted text begin ,deleted text end new text begin ;new text end 325D.04deleted text begin , anddeleted text end new text begin ;new text end
325D.05deleted text begin ,deleted text end new text begin ; or 325D.71, subdivision 2, new text end knowingly assists or aids directly or indirectly in
such violation shall be equally responsible therefor.

Sec. 2.

Minnesota Statutes 2004, section 325D.072, is amended to read:


325D.072 INJUNCTIVE RELIEF.

In addition to the penalties provided in section 325D.071, the courts of this state are
hereby vested with jurisdiction to prevent and restrain violations of sections 325D.02 to
325D.07new text begin ; and 325D.71, subdivision 2new text end . Any person, partnership, corporation, or association
damaged, or who is threatened with loss or injury, by reason of a violation of these sections
shall be entitled to sue for and have injunctive relief in any court of competent jurisdiction
against any damage or threatened loss or injury by reason of a violation thereof and for the
amount of the actual damages, if any. In order to obtain such injunctive relief it shall not
be necessary to allege or prove that an adequate remedy at law does not exist.

No person shall be excused from attending and testifying or from producing books,
papers, contracts, agreements, and documents in any case or proceedings instituted or
brought under the provisions of sections 325D.02 to 325D.072new text begin ; and 325D.71, subdivision
2
new text end , or in obedience to a subpoena, in any such case or proceedings, on the ground or for
the reason that the testimony or evidence, documentary or otherwise, required of the
person may tend to criminate or subject the person to a penalty or forfeiture; but no person
shall be prosecuted or subjected to any penalty or forfeiture for or on account of any
transaction, matter, or thing concerning which the person may testify, or produce evidence,
documentary or otherwise, in any such case or proceedings, or in obedience to a subpoena,
in any such case or proceedings.

Sec. 3.

Minnesota Statutes 2004, section 325D.71, is amended to read:


325D.71 UNLAWFUL GASOLINE SALES.

new text begin Subdivision 1. new text end

new text begin Sales below cost. new text end

Any offer for sale of gasoline by a retailer by way
of posted price or indicating meter that is below cost, as defined by section 325D.01,
subdivision 5
, clause (3), is a violation of section 325D.04, except that the criminal
penalties in section 325D.071 do not apply. In addition to the penalties for violations
and the remedies provided for injured parties set forth elsewhere in this chapter, the
commissioner of commerce may use the authority under section 45.027 for the purpose of
preventing violations of this section. A retailer who sells gasoline at the same or higher
legally posted price of a competitor in the same market area, on the same day, is not in
violation of this section.

A retailer who offers gasoline for sale at a price below cost as part of a promotion
at an individual location for no more than three days in any calendar quarter is not in
violation of this section.

new text begin Subd. 2. new text end

new text begin Sales at grossly excessive price. new text end

new text begin No person may charge a wholesale or
retail price for gasoline that grossly exceeds:
new text end

new text begin (1) the price at which gasoline is sold in this state by another; or
new text end

new text begin (2) the average price at which motor vehicle fuel was sold in this state in the 21-day
period immediately preceding a sale of the gasoline.
new text end

Sec. 4. new text begin RULEMAKING.
new text end

new text begin The commissioner of commerce shall adopt rules using an expedited process under
Minnesota Statutes, section 14.389, to define "grossly exceeds" for purposes of the
prohibition in Minnesota Statutes, section 325D.71.
new text end