Bill Text: MI HB4823 | 2011-2012 | 96th Legislature | Introduced
Bill Title: Trade; antitrust; gasoline without ethanol for use in watercraft; require that certain wholesalers and fuel terminals make available to marinas. Amends title & sec. 2 of 1984 PA 274 (MCL 445.772).
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-06-29 - Printed Bill Filed 06/29/2011 [HB4823 Detail]
Download: Michigan-2011-HB4823-Introduced.html
HOUSE BILL No. 4823
June 28, 2011, Introduced by Rep. LeBlanc and referred to the Committee on Energy and Technology.
A bill to amend 1984 PA 274, entitled
"Michigan antitrust reform act,"
by amending the title and section 2 (MCL 445.772), the title as
amended by 1987 PA 243.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
TITLE
An act to prohibit contracts, combinations, and conspiracies
in restraint of trade or commerce; to allow certain agreements not
to compete; to prohibit monopolies and attempts to monopolize trade
or commerce; to require certain motor fuel terminal operators and
wholesalers to make gasoline without ethanol available to
watercraft fuel dealers; to prescribe powers and duties of certain
state officers and agencies; to provide remedies, fines, and
penalties for violations of this act; to bar certain causes of
action;
and to repeal certain acts and parts of acts.
Sec. 2. (1) A contract, combination, or conspiracy between 2
or more persons in restraint of, or to monopolize, trade or
commerce in a relevant market is unlawful.
(2) If a wholesaler or terminal operator sells gasohol to
retail fuel dealers for use in watercraft, from April 1 to October
31 of each year that wholesaler or terminal operator must also have
gasoline that does not contain fuel grade ethanol available for
sale to any retail fuel dealer that sells at least 25% of its motor
fuel for use in watercraft. The wholesaler or terminal operator
shall determine the octane rating of the gasoline that does not
contain fuel grade ethanol it makes available for sale under this
subsection.
(3) As used in this section:
(a) "Fuel grade ethanol" means that term as defined in section
3 of the motor fuel tax act, 2000 PA 403, MCL 207.1003.
(b) "Gasohol" means that term as defined in section 3 of the
motor fuel tax act, 2000 PA 403, MCL 207.1003.
(c) "Gasoline" means that term as defined in section 78101 of
the natural resources and environmental protection act, 1994 PA
451, MCL 324.78101.
(d) "Retail fuel dealer" means that term as defined in section
78101 of the natural resources and environmental protection act,
1994 PA 451, MCL 324.78101.
(e) "Terminal operator" means that term as defined in section
6 of the motor fuel tax act, 2000 PA 403, MCL 207.1006.
(f) "Watercraft" means that term as defined in section 78101
of the natural resources and environmental protection act, 1994 PA
451, MCL 324.78101.
(g) "Wholesaler" means that term as defined in section 6 of
the motor fuel tax act, 2000 PA 403, MCL 207.1006.
