House File 352

                                       HOUSE FILE       
                                       BY  ROBERTS


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to the marketing of motor vehicle fuel and making
  2    penalties applicable.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 2440HH 80
  5 da/pj/5

PAG LIN

  1  1    Section 1.  Section 214A.1, Code 2003, is amended by adding
  1  2 the following new subsections:
  1  3    NEW SUBSECTION.  0A.  "Advertise" means to present a
  1  4 commercial message in any medium including but not limited to
  1  5 print, radio, television, sign, display, label, tag, or
  1  6 articulation.
  1  7    NEW SUBSECTION.  2A.  "Motor vehicle fuel pump" or "pump"
  1  8 means a motor vehicle fuel pump as defined in section 214.1.
  1  9    Sec. 2.  Section 214A.3, Code 2003, is amended to read as
  1 10 follows:
  1 11    214A.3  FALSE REPRESENTATIONS.
  1 12    1.  A person for purposes of selling who sells motor
  1 13 vehicle fuel or an oxygenate octane enhancer shall not falsely
  1 14 represent do any of the following:
  1 15    a.  Falsely advertise the quality or kind of any the motor
  1 16 vehicle fuel or oxygenate octane enhancer. or add
  1 17    b.  Add coloring matter thereto to the motor vehicle fuel
  1 18 or oxygenate octane enhancer for the purpose of misleading the
  1 19 public as to its quality.
  1 20    2.  A retail dealer shall not advertise the sale of motor
  1 21 vehicle fuel which is available at a motor vehicle fuel pump
  1 22 owned or controlled by the retail dealer, if the retail dealer
  1 23 limits the quantity of the motor vehicle fuel which may be
  1 24 purchased at the pump at the advertised price.  However,
  1 25 nothing in this subsection prevents a retail dealer from
  1 26 limiting the period for sale of motor vehicle fuel at a
  1 27 particular price or requires the retail dealer to obtain
  1 28 additional motor vehicle fuel for sale at that price.
  1 29                           EXPLANATION
  1 30    This bill amends Code chapter 214A which provides for the
  1 31 sale of motor vehicle fuel at retail (such as gasoline sold at
  1 32 service stations).  Under the Code chapter, a retail dealer is
  1 33 the person who sells or offers motor vehicle fuel for sale to
  1 34 the public.  The bill prohibits a retail dealer from
  1 35 advertising the sale of motor vehicle fuel sold at service
  2  1 stations owned or controlled by the dealer, if the retail
  2  2 dealer limits the amount that may be purchased at the
  2  3 advertised price.  However, it does not prevent the retail
  2  4 dealer from limiting the period for sale of motor vehicle fuel
  2  5 at a particular price.  It also does not require the retail
  2  6 dealer to obtain additional motor vehicle fuel for sale at
  2  7 that price.
  2  8    Under Code section 214A.11, a retail dealer who violates a
  2  9 provision of the Code chapter is guilty of a simple
  2 10 misdemeanor.  A simple misdemeanor is punishable by
  2 11 confinement for no more than 30 days or a fine of at least $50
  2 12 but not more than $500 or by both.
  2 13 LSB 2440HH 80
  2 14 da/pj/5