CSSB 54(JUD): "An Act making sales of and offers to sell certain energy resources at prices that are unconscionable an unlawful act or practice under the Alaska Unfair Trade Practices and Consumer Protection Act."
00 CS FOR SENATE BILL NO. 54(JUD) 01 "An Act making sales of and offers to sell certain energy resources at prices that are 02 unconscionable an unlawful act or practice under the Alaska Unfair Trade Practices 03 and Consumer Protection Act." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 45.50.471(b) is amended by adding a new paragraph to read: 06 (56) violating AS 45.50.483 (sales of certain energy resources by 07 refiners, distributors, and retailers). 08 * Sec. 2. AS 45.50 is amended by adding a new section to read: 09 Sec. 45.50.483. Sales of certain energy resources by Alaska refiners, 10 distributors, and retailers. (a) A refiner, distributor, or retailer may not sell or offer 11 to sell an energy resource described in (b) of this section at a price that is 12 unconscionable. 13 (b) The provisions of this section apply only to sales of 14 (1) motor fuel used in an engine for the propulsion of a motor vehicle,
01 as that term is defined in AS 28.90.990, or an aircraft; 02 (2) fuel for space heating; and 03 (3) diesel fuel. 04 (c) If the attorney general believes that a refiner, distributor, or retailer has 05 engaged in or is engaging in a violation of (a) of this section, the attorney general shall 06 initiate an investigation under AS 45.50.495. 07 (d) In addition to the civil penalties authorized by AS 45.50.551, the attorney 08 general may recover, on behalf of the state, a civil penalty of not less than 10 times the 09 economic benefit obtained by the refiner, distributor, or retailer through the conduct of 10 the refiner, distributor, or retailer that violated or violates this section. 11 (e) Only the attorney general may bring an action to enforce this section. In an 12 action to enforce this section in which the attorney general is the prevailing party, the 13 attorney general may recover attorney fees and costs as authorized by 14 AS 45.50.537(d). The provisions of AS 45.50.531 and 45.50.535 do not apply to 15 authorize a person 16 (1) who suffers an ascertainable loss of money or property as a result 17 of the act of a refiner, distributor, or retailer declared unlawful by this section to bring 18 a civil action to recover for each unlawful act; or 19 (2) who was the victim of an unlawful act under this section, whether 20 or not the person suffered actual damages, to bring an action to obtain an injunction 21 prohibiting the refiner, distributor, or retailer from continuing to engage in the act that 22 is made unlawful by this section. 23 (f) In an action to enforce this section, a refiner, distributor, or retailer has the 24 right to submit evidence that the price charged by the refiner, distributor, or retailer 25 that is alleged to be unconscionable was attributable to additional reasonable costs 26 incurred in connection with the sale of the energy resource by the refiner, distributor, 27 or retailer. 28 (g) In this section, 29 (1) "distributor" means a person or corporation other than a refiner 30 who is engaged in the sale, assignment, or distribution of an energy resource described 31 in (b) of this section to one or more retailers for sale through retail outlets;
01 (2) "refiner" means a company, corporation, or individual who owns or 02 controls, or controls through a substantially owned subsidiary, partnership, or joint 03 venture, a refinery used for the production of an energy resource described in (b) of 04 this section having total annual sales that exceed 1,000,000 gallons of all of those 05 energy resources; 06 (3) "retailer" means a person in the state who is engaged in the 07 business of selling at retail an energy resource described in (b) of this section.