Bill Text: NJ A2729 | 2012-2013 | Regular Session | Amended
Bill Title: Allows distributor, refiner, wholesaler, or supplier to discriminate in tank wagon price of branded motor fuel in certain circumstances.**
Spectrum: Moderate Partisan Bill (Democrat 4-1)
Status: (Introduced - Dead) 2013-06-20 - Assembly Floor Amendment Passed (Diegnan) [A2729 Detail]
Download: New_Jersey-2012-A2729-Amended.html
Sponsored by:
Assemblyman PATRICK J. DIEGNAN, JR.
District 18 (Middlesex)
Assemblyman JON M. BRAMNICK
District 21 (Morris, Somerset and Union)
Assemblyman PAUL D. MORIARTY
District 4 (Camden and Gloucester)
SYNOPSIS
Changes exception allowing distributor, refiner, wholesaler, or supplier to discriminate in tank wagon price of branded motor fuel.
CURRENT VERSION OF TEXT
As reported by the Assembly Consumer Affairs Committee on June 6, 2013, with amendments.
An Act concerning discrimination in the pricing of certain motor fuels and amending P.L.1953, c.413.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 4 of P.L.1953, c.413 (C.56:6-22) is amended to read as follows:
4. It shall be unlawful and a violation of this act for any distributor, refiner, wholesaler or supplier, with intent to injure competitors or destroy or substantially lessen competition:
(a) To offer, directly or indirectly, a rebate, concession, allowance, discount or benefit, of any kind or nature whatsoever, in connection with the sale or distribution of motor fuel or other products marketed by the distributor, refiner, wholesaler or supplier except that this shall not apply to discounts uniformly applied for timely payments, quantity, or quality; or
(b) To lease or make a contract on condition, promise, agreement or understanding, where the effect of such lease, contract on condition, promise, agreement or understanding may be to substantially lessen competition that the lessee or purchaser thereof shall not use or deal in goods, wares, merchandise, supplies or other commodities of a competitor of such distributor, refiner, wholesaler or supplier except that this shall not apply to tanks or pumps if furnished by the distributor, refiner, wholesaler or supplier to be used in the distribution of its motor fuel; or
(c) To discriminate, either directly or indirectly, in tank wagon price between different retail dealers purchasing the same grade, quality or quantity of branded motor fuel [, except to meet competition] 1, except to reflect the actual cost of transportation to the retail dealer based on the geographic location of the retail dealer and the distance from the distribution center.
This subsection shall not apply to any distributor, refiner, wholesaler, and supplier, or an affiliate or subsidiary thereof, owning or leasing fewer than 75 properties throughout the nation1 .
(d) Any distributor, refiner, wholesaler or supplier who violates the provisions of this section shall be guilty of a misdemeanor.
(cf: P.L.1953, c.413, s.4)
2. This act shall take effect immediately.