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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0005|     
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0006|                                   
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0007|     
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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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0013|                                   
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0014|          
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0015|     
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0016|          
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