00                       CS FOR SENATE BILL NO. 54(ENE)                                                                    
01 "An Act making sales of and offers to sell certain energy resources by a refiner at prices                              
02 that are exorbitant or excessive an unlawful act or practice under the Alaska Unfair                                    
03 Trade Practices 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).                                                                                                        
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. (a) A                                
10       refiner may not sell or offer to sell an energy resource at a price that is exorbitant or                         
11       excessive.                                                                                                        
12            (b)  The provisions of this section apply only to sales of                                                   
13                 (1)  motor fuel used in an engine for the propulsion of a motor vehicle,                                
14       as that term is defined in AS 28.90.990, or an aircraft;                                                          
01                 (2)  fuel for space heating; and                                                                        
02                 (3)  diesel fuel.                                                                                       
03            (c)  If the attorney general believes that a refiner has engaged in or is engaging                           
04       in a violation of (a) of this section, the attorney general shall initiate an investigation                       
05       under AS 45.50.495.                                                                                               
06            (d)  Notwithstanding the penalties authorized by AS 45.50.551, the attorney                                  
07       general may recover, on behalf of the state, a civil penalty of not less than the greater                         
08       of                                                                                                                
09                 (1)  10 times the economic benefit obtained by the refiner through the                                  
10       refiner's conduct that violated or violates this section; or                                                      
11                 (2)  $50,000,000.                                                                                       
12            (e)  In this section, "refiner" means a company, corporation, or individual who                              
13       owns or controls, or controls through a substantially owned subsidiary, partnership, or                           
14       joint venture, a refinery used for the production of an energy resource described in (b)                          
15       of this section having total annual sales that exceed 1,000,000 gallons of all of those                           
16       energy resources.