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Senate advances bill to make Motor Fuel Marketing Act enforceable, replaces 6% markup with 'not-below-cost' standard
Summary
On Jan. 27, the Utah Senate amended and approved Senate Bill 46 on second reading to replace an unenforceable 6% markup requirement with a not-below-cost standard, add price-disclosure and affiliate-sale rules and enforcement authority, and sent it to third reading (23–5, 1 absent).
SALT LAKE CITY — The Utah Senate on Jan. 27 passed amendments to Senate Bill 46 on second reading, moving the measure to the third-reading calendar after a floor debate about market fairness, enforceability and administrative enforcement.
Senator Hallowell, sponsor of the measure, told colleagues the bill rewrites the Motor Fuel Marketing Act to make it enforceable by eliminating an old 6% markup rule and instead prohibiting sales below cost. "This bill is to amend ... the main thing that we wanted to do was, make this law so that it could be enforced," Hallowell said on the floor, adding the language was drafted with input from the attorney general's office.
The amended bill includes several specific changes: refiners must establish a posted rack price and a transfer price for affiliate sales (disclosure available to the attorney general, the Division of Consumer Protection or by court order);…
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