Assembly Bill A6036

Vetoed By Governor
2009-2010 Legislative Session

Prohibits a producer or refiner from selling, transferring, or assigning interest in a retail outlet leased to a motor fuel dealer

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Archive: Last Bill Status Via S7410 - Vetoed by Governor

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Vetoed By Governor
  • Signed By Governor

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co-Sponsors

multi-Sponsors

2009-A6036 - Details

See Senate Version of this Bill:
S7410
Law Section:
General Business Law
Versions Introduced in Other Legislative Sessions:
2011-2012: A4788
2013-2014: A7011
2015-2016: A5331

2009-A6036 - Summary

Prohibits a producer or refiner from selling, transferring, or assigning interest in a retail outlet leased to a motor fuel dealer unless such producer or refiner makes certain offers to such dealer.

2009-A6036 - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6036

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 24, 2009
                               ___________

Introduced  by  M. of A. KOON -- read once and referred to the Committee
  on Economic Development, Job Creation, Commerce and Industry

AN ACT to amend the general business law, in relation to  prohibiting  a
  producer  or refiner from selling, transferring, or assigning interest
  in a retail outlet leased to a dealer unless the producer  or  refiner
  makes  certain  offers of the producer's or refiner's interest to such
  dealer

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The general business law is amended by adding a new article
24-D to read as follows:
                               ARTICLE 24-D
               SALE OR TRANSFER OF GASOLINE RETAIL OUTLETS
SECTION 375. SALE OR TRANSFER OF GASOLINE RETAIL OUTLETS.
  S  375.  SALE  OR  TRANSFER  OF GASOLINE RETAIL OUTLETS.   (A) FOR THE
PURPOSES OF THIS SECTION:
  (1) "PRODUCER" MEANS A PERSON WHO  PURCHASES  COMPONENT  ELEMENTS  AND
COMBINES THEM TO PRODUCE GASOLINE PRODUCTS.
  (2) "BOOK VALUE" MEANS ACTUAL COST LESS ACTUAL DEPRECIATION TAKEN.
  (3) "DEALER" MEANS ANY PERSON, OTHER THAN A REFINER OR WHOLESALER, WHO
IS ENGAGED IN THE BUSINESS OF SELLING MOTOR FUEL AT A RETAIL OUTLET.
  (4)  "REFINER"  MEANS  ANY PERSON WHO PRODUCES AND STORES OR EXCHANGES
MOTOR FUEL AT A TERMINAL FACILITY AND WHO SELLS OR TRANSFERS MOTOR  FUEL
THROUGH  THE  LOADING  RACK  AT  SUCH TERMINAL FACILITY, AND INCLUDES AN
AFFILIATE OF SUCH REFINER WITH RESPECT TO SUCH AFFILIATE'S SALE OF MOTOR
FUEL.
  (5) "RETAIL OUTLET" MEANS A FACILITY, INCLUDING LAND AND IMPROVEMENTS,
WHERE MOTOR FUEL IS OFFERED FOR SALE AT RETAIL TO THE PUBLIC.
  (B)(1) EVERY MARKETING AGREEMENT BETWEEN A REFINER OR PRODUCER  AND  A
DEALER  IS  SUBJECT  TO  THE  PROVISIONS OF THIS SECTION, WHETHER OR NOT
EXPRESSLY SET FORTH OR STATED IN SUCH AGREEMENT.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02502-01-9

co-Sponsors

multi-Sponsors

2009-A6036A - Details

See Senate Version of this Bill:
S7410
Law Section:
General Business Law
Versions Introduced in Other Legislative Sessions:
2011-2012: A4788
2013-2014: A7011
2015-2016: A5331

2009-A6036A - Summary

Prohibits a producer or refiner from selling, transferring, or assigning interest in a retail outlet leased to a motor fuel dealer unless such producer or refiner makes certain offers to such dealer.

2009-A6036A - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6036--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 24, 2009
                               ___________

Introduced  by  M.  of  A.  KOON, BENJAMIN, SCHIMEL, GUNTHER, ZEBROWSKI,
  MAISEL, PERRY -- Multi-Sponsored by -- M. of A. ABBATE, ALESSI, GALEF,
  HOOPER, LIFTON, MAGEE, M. MILLER, PHEFFER, REILLY, SWEENEY, THIELE  --
  read  once  and referred to the Committee on Economic Development, Job
  Creation, Commerce and Industry -- recommitted  to  the  Committee  on
  Economic  Development,  Job Creation, Commerce and Industry in accord-
  ance with Assembly Rule 3, sec. 2 --  reported  and  referred  to  the
  Committee  on  Rules  --  Rules  Committee  discharged,  bill amended,
  ordered reprinted as amended and recommitted to the Committee on Rules

AN ACT to amend the general business law, in relation to  prohibiting  a
  producer  or refiner from selling, transferring, or assigning interest
  in a retail outlet leased to a dealer unless the producer  or  refiner
  makes  certain  offers of the producer's or refiner's interest to such
  dealer

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The general business law is amended by adding a new article
24-D to read as follows:
                               ARTICLE 24-D
               SALE OR TRANSFER OF GASOLINE RETAIL OUTLETS
SECTION 375. SALE OR TRANSFER OF GASOLINE RETAIL OUTLETS.
  S  375.  SALE  OR  TRANSFER  OF GASOLINE RETAIL OUTLETS.   (A) FOR THE
PURPOSES OF THIS SECTION:
  (1) "PRODUCER" MEANS A PERSON WHO  PURCHASES  COMPONENT  ELEMENTS  AND
COMBINES THEM TO PRODUCE GASOLINE PRODUCTS.
  (2) "BOOK VALUE" MEANS ACTUAL COST LESS ACTUAL DEPRECIATION TAKEN.
  (3) "DEALER" MEANS ANY PERSON, OTHER THAN A REFINER OR WHOLESALER, WHO
IS ENGAGED IN THE BUSINESS OF SELLING MOTOR FUEL AT A RETAIL OUTLET.
  (4)  "REFINER"  MEANS  ANY PERSON WHO PRODUCES AND STORES OR EXCHANGES
MOTOR FUEL AT A TERMINAL FACILITY AND WHO SELLS OR TRANSFERS MOTOR  FUEL
THROUGH  THE  LOADING  RACK  AT  SUCH TERMINAL FACILITY, AND INCLUDES AN

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02502-04-0

co-Sponsors

multi-Sponsors

2009-A6036B (ACTIVE) - Details

See Senate Version of this Bill:
S7410
Law Section:
General Business Law
Versions Introduced in Other Legislative Sessions:
2011-2012: A4788
2013-2014: A7011
2015-2016: A5331

2009-A6036B (ACTIVE) - Summary

Prohibits a producer or refiner from selling, transferring, or assigning interest in a retail outlet leased to a motor fuel dealer unless such producer or refiner makes certain offers to such dealer.

2009-A6036B (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6036--B
                                                           R. R. 281

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 24, 2009
                               ___________

Introduced  by  M.  of  A.  KOON, BENJAMIN, SCHIMEL, GUNTHER, ZEBROWSKI,
  MAISEL, PERRY, McDONOUGH -- Multi-Sponsored by --  M.  of  A.  ABBATE,
  ALESSI,  GALEF,  HOOPER,  LIFTON,  MAGEE,  M. MILLER, PHEFFER, REILLY,
  SWEENEY, THIELE -- read once and referred to the Committee on Economic
  Development, Job Creation, Commerce and Industry -- recommitted to the
  Committee on Economic Development, Job Creation, Commerce and Industry
  in accordance with Assembly Rule 3, sec. 2 -- reported and referred to
  the Committee on Rules -- Rules Committee  discharged,  bill  amended,
  ordered reprinted as amended and recommitted to the Committee on Rules
  --  reported  from committee, advanced to a third reading, amended and
  ordered reprinted, retaining its place on the order of third reading

AN ACT to amend the general business law, in relation to  prohibiting  a
  producer  or refiner from selling, transferring, or assigning interest
  in a retail outlet leased to a dealer unless the producer  or  refiner
  makes  certain  offers of the producer's or refiner's interest to such
  dealer

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The general business law is amended by adding a new article
24-D to read as follows:
                               ARTICLE 24-D
               SALE OR TRANSFER OF GASOLINE RETAIL OUTLETS
SECTION 375. SALE OR TRANSFER OF GASOLINE RETAIL OUTLETS.
  S  375.  SALE  OR  TRANSFER  OF GASOLINE RETAIL OUTLETS.   (A) FOR THE
PURPOSES OF THIS SECTION:
  (1) "PRODUCER" MEANS A PERSON WHO  PURCHASES  COMPONENT  ELEMENTS  AND
COMBINES THEM TO PRODUCE GASOLINE PRODUCTS.
  (2) "BOOK VALUE" MEANS ACTUAL COST LESS ACTUAL DEPRECIATION TAKEN.
  (3) "DEALER" MEANS ANY PERSON, OTHER THAN A REFINER OR WHOLESALER, WHO
IS ENGAGED IN THE BUSINESS OF SELLING MOTOR FUEL AT A RETAIL OUTLET.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02502-06-0

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