A7504A-2011 Actions

• Sep 4, 2012: enacting clause stricken
• Jan 4, 2012: referred to economic development
• May 17, 2011: print number 7504a
• May 17, 2011: amend (t) and recommit to economic development
• May 6, 2011: referred to economic development

A7504A-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 7504--A
 2011-2012 Regular Sessions
 I N  ASSEMBLY
 May 6, 2011
 
 Introduced by M. of A. P. RIVERA, ABINANTI, ROBERTS, SAYWARD, BURLING -
 Multi-Sponsored  by  -- M. of A. CALHOUN, DUPREY, MAGEE, MURRAY, SWEE
 NEY, THIELE -- read once and referred to  the  Committee  on  Economic
 Development  --  committee discharged, bill amended, ordered reprinted
 as amended and recommitted to said committee
 

AN ACT to amend the general business law, in relation to authorizing gas
 stations to purchase motor fuel from alternative suppliers
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1. Subdivision 3 of section 199-j of the general business law,
 as  added  by  chapter  578  of  the laws of 2008, is amended to read as
 follows:

 3. Franchise provisions. Any provision of a franchise with  a  refiner
 OR  A  SUPPLY AGREEMENT WITH A DISTRIBUTOR which prohibits a dealer, who
 either directly or through an affiliate owns a service station including
 the tanks and pumps OR WHERE A DEALER PROVIDES  ENVIRONMENTAL  POLLUTION
 INSURANCE  COVERAGE FOR THE TANKS AND PUMPS OF NOT LESS THAN ONE MILLION
 DOLLARS IN THE AGGREGATE and who dedicates a tank for sale of  unbranded
 motor fuel, or ANY PROVISION OF A FRANCHISE WITH A REFINER WHICH PROHIB
 ITS a distributor from purchasing or selling unbranded motor fuel from a
 person  or  firm  other  than the refiner or limits the quantity of such
 unbranded motor fuel to be purchased from another person or firm or  any
 provision  of  a  franchise  which  directly or indirectly discourages a
 dealer or distributor from purchasing or selling  such  unbranded  motor
 fuels  from another person or firm, shall be null and void. For purposes
 of this subdivision and subdivisions four, five and six of this  section
 the following terms shall have the following meanings:

 (a)  "refiner" means any person, firm or corporation who owns, leases,
 operates, controls or supervises a commercial entity producing  gasoline
 or diesel motor fuel;
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD11336-02-1
 
       A. 7504--A                          2
 (b)  "distributor" means any person other than a refiner or dealer who
 purchases motor fuel at a terminal facility and supplies motor  fuel  to
 service stations; and
 (c)  "unbranded  motor  fuel"  means  motor  fuel which does not use a
 trademark, trade name, service mark, or other identifying symbol or name
 owned by a refiner.
 

S 2. This act shall take effect on the sixtieth  day  after  it  shall
 have  become  a  law and shall apply to any franchise agreements entered
 into on or after such date.

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