0001| SENATE JOINT MEMORIAL 50
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0002| 43RD LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION, 1998
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0003| INTRODUCED BY
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0004| ROMAN M. MAES III
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0008|
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0009|
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0010| A JOINT MEMORIAL
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0011| REQUESTING THE UNITED STATES ATTORNEY FOR THE DISTRICT OF NEW
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0012| MEXICO AND THE NEW MEXICO ATTORNEY GENERAL TO INVESTIGATE
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0013| POSSIBLE ANTITRUST VIOLATIONS RAISED BY THE REFUSAL OF MAJOR
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0014| OIL REFINERS TO SELL REFINED GASOLINE, PIPED TO THE
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0015| ALBUQUERQUE TERMINAL, TO NATIVE AMERICAN-OWNED GASOLINE
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0016| DISTRIBUTION FIRMS THAT ARE OPERATING LEGALLY IN NEW MEXICO.
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0017|
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0018| WHEREAS, for the past three years certain Indian tribes
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0019| or pueblos in New Mexico have lawfully operated gasoline
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0020| distribution businesses where, pursuant to New Mexico law,
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0021| they have received gasoline on Indian land within the state
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0022| and have subsequently sold the gasoline free of the state
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0023| gasoline tax; and
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0024| WHEREAS, most gasoline distributors within New Mexico
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0025| obtain their gasoline from the Albuquerque terminal, which is
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0001| where major oil refiners ship their gasoline into the state;
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0002| and
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0003| WHEREAS, the major oil refiners have refused to sell
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0004| their gasoline that is piped to the Albuquerque terminal to
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0005| Native American-owned gasoline distributors for those
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0006| distributors' off-reservation sales; and
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0007| WHEREAS, as a result, Native American-owned gasoline
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0008| distributors have been forced to purchase gasoline from out-
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0009| of-state oil refineries, causing the distributors to spend
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0010| substantial sums of money to transport the gasoline to
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0011| distribution sites and effectively preventing the distributors
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0012| from making a profit on their sales; and
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0013| WHEREAS, state and federal law both state that any
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0014| combination, agreement or conspiracy in restraint of trade is
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0015| illegal and is subject to substantial penalties; and
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0016| WHEREAS, the consistent refusal of the major oil refiners
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0017| to sell gasoline from the Albuquerque terminal to Native
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0018| American-owned gasoline distributors raises serious questions
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0019| regarding possible violation of state and federal antitrust
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0020| laws;
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0021| NOW, THEREFORE, BE IT RESOLVED BY THE LEGISLATURE OF THE
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0022| STATE OF NEW MEXICO that the United States attorney for the
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0023| district of New Mexico and the New Mexico attorney general be
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0024| requested to investigate possible antitrust violations raised
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0025| by the refusal of major oil refiners to sell refined gasoline,
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0001| piped to the Albuquerque terminal, to Native American-owned
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0002| gasoline distribution firms that are operating legally in New
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0003| Mexico; and
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0004| BE IT FURTHER RESOLVED that if, as a result of an
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0005| investigation, it is determined that the oil refiners are
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0006| violating state and federal antitrust laws, that the United
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0007| States attorney for the district of New Mexico and the New
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0008| Mexico attorney general vigorously prosecute those violations;
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0009| and
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0010| BE IT FURTHER RESOLVED that a copy of this memorial be
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0011| sent to the United States attorney for the district of New
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0012| Mexico and the New Mexico attorney general.
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