Senate Bill S7410

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

download bill text pdf

Archive: Last Bill Status - 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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Aug 13, 2010	vetoed memo.6769
Aug 03, 2010	delivered to governor
Jun 30, 2010	returned to senate passed assembly ordered to third reading rules cal.281 substituted for a6036b
Jun 29, 2010	referred to economic development delivered to assembly passed senate ordered to third reading cal.1315 committee discharged and committed to rules
Jun 24, 2010	print number 7410b
Jun 24, 2010	amend and recommit to commerce, economic development and small business
Jun 08, 2010	print number 7410a
Jun 08, 2010	amend and recommit to commerce, economic development and small business
Apr 12, 2010	committee discharged and committed to commerce, economic development and small business
Apr 08, 2010	referred to consumer protection

Votes

- Jun 29, 2010 - Floor Vote
  S7410
  
  Aye
  
  60
  
  Nay
  
  1
  
  Absent
  
  0
  
  Excused
  
  1
  
  Abstained
  
  0
  - - Floor Vote: Jun 29, 2010
      
      aye (60)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Aubertine
      
      Bonacic
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Duane
      
      Espada
      
      Farley
      
      Flanagan
      
      Foley
      
      Fuschillo
      
      Golden
      
      Griffo
      
      Hannon
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Johnson
      
      Klein
      
      Krueger
      
      Kruger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Leibell
      
      Libous
      
      Little
      
      Marcellino
      
      Maziarz
      
      McDonald
      
      Montgomery
      
      Nozzolio
      
      Onorato
      
      Oppenheimer
      
      Padavan
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Schneiderman
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stachowski
      
      Stavisky
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      Volker
      
      Winner
      
      Young
      
      nay (1)
      
      Breslin
      
      excused (1)
      
      Morahan
  Jun 29, 2010 - Rules Committee Vote
  S7410
  
  Aye
  
  22
  
  Nay
  
  0
  
  Aye with Reservations
  
  1
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Rules Committee Vote: Jun 29, 2010
      
      aye (22)
      
      Dilan
      
      Duane
      
      Espada
      
      Farley
      
      Hannon
      
      Hassell-Thompson
      
      Johnson
      
      Klein
      
      Krueger
      
      LaValle
      
      Larkin
      
      Montgomery
      
      Parker
      
      Saland
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Stachowski
      
      Stewart-Cousins
      
      Valesky
      
      Volker
      
      aye wr (1)
      
      Padavan

Bill Amendments

co-Sponsors

2009-S7410 - Details

Law Section:: General Business Law
Laws Affected:: Add Art 24-D §375, Gen Bus L

2009-S7410 - 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-S7410 - Sponsor Memo

                                 BILL NUMBER:  S7410

 TITLE OF BILL :
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


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

 SUMMARY OF PROVISIONS :
With the exception of transactions otherwise covered under the Federal
Petroleum Marketing Practices Act, this bill provides that if a
producer or refiner owns a fee simple interest in a retail outlet
leased to a dealer, the producer or refiner may not sell, transfer or
assign to another person the producer's or refiner's interest in the
retail outlet unless the producer or refiner:

- makes a bona fide effort to sell, transfer or assign to the dealer
the producer's or refiner's interest in the retail outlet, except for
signs displaying the insignia, trademark, etc. of the producer or
refiner;

- offer a right of first refusal to the dealer of any bona fide offer
acceptable to the producer or refiner made by another person to
purchase the producer's or refiner's interest in the retail outlet

If a producer or refiner leases a retail outlet from a third party and
subleases the retail outlet to a dealer, the producer or refiner may
not sell, transfer or assign to another person the producer's or
refiner's interest in the third party lease unless the producer or
refiner:

- makes a bona fide effort to sell, transfer or assign to the dealer
the producer's or refiner's interest in the third party;

- makes a bona fide effort to sell, transfer or assign to the dealer
the producer's or refiner's interest in any improvements or equipment
owned by the producer or the refiner at the retail outlet, except for
signs displaying the insignia, trademark, etc. of the producer or
refiner offer a right of first refusal to the dealer of any bona fide

- offer acceptable to the producer or refiner made by another person
to purchase the producer's or refiner's interest in the retail outlet
at a price not exceeding the greater of the fair market value or the
book value of the improvements and equipment

 LEGISLATIVE HISTORY :
2007-2008: A.11848

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act shall take effect on the one hundred eightieth day after it
shall have become law.

2009-S7410 - Bill Text download pdf

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

                                  7410

                            I N  S E N A T E

                              April 8, 2010
                               ___________

Introduced  by  Sen.  ESPADA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Consumer Protection

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.
  (2) THIS SECTION SHALL NOT APPLY  TO  TRANSACTIONS  OTHERWISE  COVERED
UNDER THE FEDERAL PETROLEUM MARKETING PRACTICES ACT.

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

S. 7410                             2

  (C)  IF A PRODUCER OR A REFINER OWNS A FEE SIMPLE INTEREST IN A RETAIL
OUTLET LEASED TO A DEALER, THE PRODUCER OR REFINER MAY NOT SELL,  TRANS-
FER, OR ASSIGN TO ANOTHER PERSON THE PRODUCER'S OR REFINER'S INTEREST IN
THE RETAIL OUTLET UNLESS THE PRODUCER OR REFINER:
  (1) MAKES A BONA FIDE OFFER TO SELL, TRANSFER, OR ASSIGN TO THE DEALER
THE  PRODUCER'S  OR  REFINER'S INTEREST IN THE RETAIL OUTLET, EXCEPT FOR
SIGNS DISPLAYING THE INSIGNIA OR  ANY  OTHER  TRADEMARK,  SERVICE  MARK,
COPYRIGHT, OR PATENTED EQUIPMENT OF THE PRODUCER OR REFINER; OR
  (2)  IF  APPLICABLE,  OFFERS A RIGHT OF FIRST REFUSAL TO THE DEALER OF
ANY BONA FIDE OFFER ACCEPTABLE TO THE PRODUCER OR REFINER MADE BY ANOTH-
ER PERSON TO PURCHASE THE PRODUCER'S OR REFINER'S INTEREST IN THE RETAIL
OUTLET.
  (D) IF A PRODUCER OR REFINER LEASES A RETAIL OUTLET FROM A THIRD PARTY
AND SUBLEASES THE RETAIL OUTLET TO A DEALER, THE PRODUCER OR REFINER MAY
NOT SELL, TRANSFER, OR ASSIGN TO ANOTHER PERSON THE PRODUCER'S OR REFIN-
ER'S INTEREST IN THE THIRD PARTY LEASE UNLESS THE PRODUCER OR REFINER:
  (1)(I) MAKES A BONA FIDE OFFER TO SELL, TRANSFER,  OR  ASSIGN  TO  THE
DEALER  THE  PRODUCER'S  OR REFINER'S INTEREST IN THE THIRD PARTY LEASE;
AND
  (II) MAKES A BONA FIDE OFFER TO SELL, TRANSFER, OR ASSIGN TO THE DEAL-
ER THE PRODUCER'S OR REFINER'S INTEREST IN ANY IMPROVEMENTS OR EQUIPMENT
OWNED BY THE PRODUCER OR REFINER  AND  LOCATED  AT  THE  RETAIL  OUTLET,
EXCEPT FOR SIGNS DISPLAYING THE INSIGNIA OR ANY OTHER TRADEMARK, SERVICE
MARK,  COPYRIGHT, OR PATENTED EQUIPMENT OF THE PRODUCER OR REFINER, AT A
PRICE NOT EXCEEDING THE GREATER OF THE FAIR MARKET  VALUE  OR  THE  BOOK
VALUE OF THE IMPROVEMENTS AND EQUIPMENT; OR
  (2)  IF  APPLICABLE,  OFFERS A RIGHT OF FIRST REFUSAL TO THE DEALER OF
ANY BONA FIDE OFFER ACCEPTABLE TO THE PRODUCER OR REFINER MADE BY ANOTH-
ER PERSON TO ACQUIRE THE PRODUCER'S OR REFINER'S INTEREST IN  THE  THIRD
PARTY  LEASE  AND  THE  IMPROVEMENTS AND EQUIPMENT LOCATED AT THE RETAIL
OUTLET.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

co-Sponsors

2009-S7410A - Details

Law Section:: General Business Law
Laws Affected:: Add Art 24-D §375, Gen Bus L

2009-S7410A - 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-S7410A - Sponsor Memo

                                BILL NUMBER:S7410A

TITLE OF BILL:
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

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

SUMMARY OF PROVISIONS:
With the exception of transactions otherwise covered under the Federal
Petroleum Marketing Practices Act, this bill provides that if a producer
or refiner owns a fee simple interest in a retail outlet leased to a
dealer, the producer or refiner may not sell, transfer or assign to
another person the producer's or refiner's interest in the retail outlet
unless the producer or refiner:

- makes a bona fide effort to sell, transfer or assign to the dealer the
producer's or refiner's interest in the retail outlet, except for signs
displaying the insignia, trademark, etc. of the producer or refiner;

- offer a right of first refusal to the dealer of any bona fide offer
acceptable to the producer or refiner made by another person to purchase

the producer's or refiner's interest in the retail outlet

If a producer or refiner leases a retail outlet from a third party and
subleases the retail outlet to a dealer, the producer or refiner may not
sell, transfer or assign to another person the producer's or refiner's
interest in the third party lease unless the producer or refiner:

- makes a bona fide effort to sell, transfer or assign to the dealer the
producer's or refiner's interest in the third party;

- makes a bona fide effort to sell, transfer or assign to the dealer the
producer's or refiner's interest in any improvements or equipment owned
by the producer or the refiner at the retail outlet, except for signs
displaying the insignia, trademark, etc. of the producer or refiner
offer a right of first refusal to the dealer of any bona fide

- offer acceptable to the producer or refiner made by another person to
purchase the producer's or refiner's interest in the retail outlet at a
price not exceeding the greater of the fair market value or the book
value of the improvements and equipment.

LEGISLATIVE HISTORY:
2007-2008: A.11848

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become law; provided, that nothing in this act shall be
construed to affect the provisions of any existing marketing agreement
entered into prior to the date this act shall have become a law.

2009-S7410A - Bill Text download pdf

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

                                 7410--A

                            I N  S E N A T E

                              April 8, 2010
                               ___________

Introduced  by  Sens.  ESPADA,  PERALTA,  STACHOWSKI  --  read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Consumer Protection -- committee discharged and said bill committed to
  the  Committee on Commerce, Economic Development and Small Business --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02502-05-0

S. 7410--A                          2

  (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.
  (2)  THIS  SECTION  SHALL  NOT APPLY TO TRANSACTIONS OTHERWISE COVERED
UNDER THE FEDERAL PETROLEUM MARKETING PRACTICES ACT.
  (C) IF A PRODUCER OR A REFINER OWNS A FEE SIMPLE INTEREST IN A  RETAIL
OUTLET  LEASED TO A DEALER, THE PRODUCER OR REFINER MAY NOT SELL, TRANS-
FER, OR ASSIGN TO ANOTHER PERSON THE PRODUCER'S OR REFINER'S INTEREST IN
THE RETAIL OUTLET UNLESS THE PRODUCER OR REFINER:
  (1) MAKES A BONA FIDE OFFER TO SELL, TRANSFER, OR ASSIGN TO THE DEALER
THE PRODUCER'S OR REFINER'S INTEREST IN THE RETAIL  OUTLET,  EXCEPT  FOR
SIGNS  DISPLAYING  THE  INSIGNIA  OR  ANY OTHER TRADEMARK, SERVICE MARK,
COPYRIGHT, OR PATENTED EQUIPMENT OF THE PRODUCER OR REFINER; OR
  (2) IF APPLICABLE, OFFERS A RIGHT OF FIRST REFUSAL TO  THE  DEALER  OF
ANY BONA FIDE OFFER ACCEPTABLE TO THE PRODUCER OR REFINER MADE BY ANOTH-
ER PERSON TO PURCHASE THE PRODUCER'S OR REFINER'S INTEREST IN THE RETAIL
OUTLET.
  (D) IF A PRODUCER OR REFINER LEASES A RETAIL OUTLET FROM A THIRD PARTY
AND SUBLEASES THE RETAIL OUTLET TO A DEALER, THE PRODUCER OR REFINER MAY
NOT SELL, TRANSFER, OR ASSIGN TO ANOTHER PERSON THE PRODUCER'S OR REFIN-
ER'S INTEREST IN THE THIRD PARTY LEASE UNLESS THE PRODUCER OR REFINER:
  (1)(I)  MAKES  A  BONA  FIDE OFFER TO SELL, TRANSFER, OR ASSIGN TO THE
DEALER THE PRODUCER'S OR REFINER'S INTEREST IN THE  THIRD  PARTY  LEASE;
AND
  (II) MAKES A BONA FIDE OFFER TO SELL, TRANSFER, OR ASSIGN TO THE DEAL-
ER THE PRODUCER'S OR REFINER'S INTEREST IN ANY IMPROVEMENTS OR EQUIPMENT
OWNED  BY  THE  PRODUCER  OR  REFINER  AND LOCATED AT THE RETAIL OUTLET,
EXCEPT FOR SIGNS DISPLAYING THE INSIGNIA OR ANY OTHER TRADEMARK, SERVICE
MARK, COPYRIGHT, OR PATENTED EQUIPMENT OF THE PRODUCER OR REFINER, AT  A
PRICE  NOT  EXCEEDING  THE  GREATER OF THE FAIR MARKET VALUE OR THE BOOK
VALUE OF THE IMPROVEMENTS AND EQUIPMENT; OR
  (2) IF APPLICABLE, OFFERS A RIGHT OF FIRST REFUSAL TO  THE  DEALER  OF
ANY BONA FIDE OFFER ACCEPTABLE TO THE PRODUCER OR REFINER MADE BY ANOTH-
ER  PERSON  TO ACQUIRE THE PRODUCER'S OR REFINER'S INTEREST IN THE THIRD
PARTY LEASE AND THE IMPROVEMENTS AND EQUIPMENT  LOCATED  AT  THE  RETAIL
OUTLET.
  S 2. This act shall take effect on the one hundred eightieth day after
it  shall have become a law; provided, however, that nothing in this act
shall be construed to affect the provisions of  any  existing  marketing
agreement  entered  into  prior to the date this act shall have become a
law.

co-Sponsors

2009-S7410B (ACTIVE) - Details

Law Section:: General Business Law
Laws Affected:: Add Art 24-D §375, Gen Bus L

2009-S7410B (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-S7410B (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S7410B

TITLE OF BILL:
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

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

SUMMARY OF PROVISIONS:
With the exception of transactions otherwise covered under the Federal
Petroleum Marketing Practices Act, this bill provides that if a producer
or refiner owns a fee simple interest in a retail outlet leased to a
dealer, the producer or refiner may not sell, transfer or assign to
another person the producer's or refiner's interest in the retail outlet
unless the producer or refiner:

- makes a bona fide effort to sell, transfer or assign to the dealer the
producer's or refiner's interest in the retail outlet, except for signs
displaying the insignia, trademark, etc. of the producer or refiner;

- offer a right of first refusal to the dealer of any bona fide offer
acceptable to the producer or refiner made by another person to purchase

the producer's or refiner's interest in the retail outlet.

If a producer or refiner leases a retail outlet from a third party and
subleases the retail outlet to a dealer, the producer or refiner may not
sell, transfer or assign to another person the producer's or refiner's
interest in the third party lease unless the producer or refiner:

- makes a bona fide effort to sell, transfer or assign to the dealer the
producer's or refiner's interest in the third party;

- makes a bona fide effort to sell, transfer or assign to the dealer the
producer's or refiner's interest in any improvements or equipment owned
by the producer or the refiner at the retail outlet, except for signs
displaying the insignia, trademark, etc. of the producer or refiner
offer a right of first refusal to the dealer of any bona fide

- offer acceptable to the producer or refiner made by another person to
purchase the producer's or refiner's interest in the retail outlet at a
price not exceeding the greater of the fair market value or the book
value of the improvements and equipment.

LEGISLATIVE HISTORY:
2007-2008: A.11848

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:
This act shall take effect immediately; provided, however, that nothing
in this act shall be construed to affect any retail outlet where the
title to such retail outlet was transferred by the producer or refiner,
or a contract of sale or lease of such retail outlet was entered into
prior to the date this act shall have become a law.

2009-S7410B (ACTIVE) - Bill Text download pdf

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

                                 7410--B

                            I N  S E N A T E

                              April 8, 2010
                               ___________

Introduced  by  Sens.  ESPADA,  PERALTA,  STACHOWSKI  --  read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Consumer Protection -- committee discharged and said bill committed to
  the  Committee on Commerce, Economic Development and Small Business --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted  to  said committee -- committee discharged, bill amended,
  ordered reprinted as amended and recommitted to said committee

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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02502-07-0

S. 7410--B                          2

  (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.
  (2)  THIS  SECTION  SHALL  NOT APPLY TO TRANSACTIONS OTHERWISE COVERED
UNDER THE FEDERAL PETROLEUM MARKETING PRACTICES ACT.
  (C) IF A PRODUCER OR A REFINER OWNS A FEE SIMPLE INTEREST IN A  RETAIL
OUTLET  LEASED TO A DEALER, THE PRODUCER OR REFINER MAY NOT SELL, TRANS-
FER, OR ASSIGN TO ANOTHER PERSON THE PRODUCER'S OR REFINER'S INTEREST IN
THE RETAIL OUTLET UNLESS THE PRODUCER OR REFINER:
  (1) MAKES A BONA FIDE OFFER TO SELL, TRANSFER, OR ASSIGN TO THE DEALER
THE PRODUCER'S OR REFINER'S INTEREST IN THE RETAIL  OUTLET,  EXCEPT  FOR
SIGNS  DISPLAYING  THE  INSIGNIA  OR  ANY OTHER TRADEMARK, SERVICE MARK,
COPYRIGHT, OR PATENTED EQUIPMENT OF THE PRODUCER OR REFINER; OR
  (2) IF APPLICABLE, OFFERS A RIGHT OF FIRST REFUSAL TO  THE  DEALER  OF
ANY BONA FIDE OFFER ACCEPTABLE TO THE PRODUCER OR REFINER MADE BY ANOTH-
ER PERSON TO PURCHASE THE PRODUCER'S OR REFINER'S INTEREST IN THE RETAIL
OUTLET.
  (D) IF A PRODUCER OR REFINER LEASES A RETAIL OUTLET FROM A THIRD PARTY
AND SUBLEASES THE RETAIL OUTLET TO A DEALER, THE PRODUCER OR REFINER MAY
NOT SELL, TRANSFER, OR ASSIGN TO ANOTHER PERSON THE PRODUCER'S OR REFIN-
ER'S INTEREST IN THE THIRD PARTY LEASE UNLESS THE PRODUCER OR REFINER:
  (1)(I)  MAKES  A  BONA  FIDE OFFER TO SELL, TRANSFER, OR ASSIGN TO THE
DEALER THE PRODUCER'S OR REFINER'S INTEREST IN THE  THIRD  PARTY  LEASE;
AND
  (II) MAKES A BONA FIDE OFFER TO SELL, TRANSFER, OR ASSIGN TO THE DEAL-
ER THE PRODUCER'S OR REFINER'S INTEREST IN ANY IMPROVEMENTS OR EQUIPMENT
OWNED  BY  THE  PRODUCER  OR  REFINER  AND LOCATED AT THE RETAIL OUTLET,
EXCEPT FOR SIGNS DISPLAYING THE INSIGNIA OR ANY OTHER TRADEMARK, SERVICE
MARK, COPYRIGHT, OR PATENTED EQUIPMENT OF THE PRODUCER OR REFINER, AT  A
PRICE  NOT  EXCEEDING  THE  GREATER OF THE FAIR MARKET VALUE OR THE BOOK
VALUE OF THE IMPROVEMENTS AND EQUIPMENT; OR
  (2) IF APPLICABLE, OFFERS A RIGHT OF FIRST REFUSAL TO  THE  DEALER  OF
ANY BONA FIDE OFFER ACCEPTABLE TO THE PRODUCER OR REFINER MADE BY ANOTH-
ER  PERSON  TO ACQUIRE THE PRODUCER'S OR REFINER'S INTEREST IN THE THIRD
PARTY LEASE AND THE IMPROVEMENTS AND EQUIPMENT  LOCATED  AT  THE  RETAIL
OUTLET.
  S  2.  This act shall take effect immediately; provided, however, that
nothing in this act shall be construed to affect any retail outlet where
the title to such retail outlet  was  transferred  by  the  producer  or
refiner,  or  a  contract  of  sale  or  lease of such retail outlet was
entered into prior to the date this act shall have become a law.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Find your Senator and share your views on important issues.

Do you support this bill?

Senate Bill S7410

Vetoed By Governor

Sponsored By

Archive: Last Bill Status - Vetoed by Governor

Actions

Votes

Jun 29, 2010 - Floor Vote

Floor Vote: Jun 29, 2010

Jun 29, 2010 - Rules Committee Vote

Rules Committee Vote: Jun 29, 2010

Bill Amendments

co-Sponsors

2009-S7410 - Details

2009-S7410 - Summary

2009-S7410 - Sponsor Memo

2009-S7410 - Bill Text download pdf

co-Sponsors

2009-S7410A - Details

2009-S7410A - Summary

2009-S7410A - Sponsor Memo

2009-S7410A - Bill Text download pdf

co-Sponsors

2009-S7410B (ACTIVE) - Details

2009-S7410B (ACTIVE) - Summary

2009-S7410B (ACTIVE) - Sponsor Memo

2009-S7410B (ACTIVE) - Bill Text download pdf

Comments

Do you support this bill?

Get Status Alerts for 2009-S7410

Senate Bill S7410

Vetoed By Governor

Share this bill

Sponsored By

Pedro Espada Jr.

Archive: Last Bill Status - Vetoed by Governor

Actions

Votes

Bill Amendments

co-Sponsors

Jose Peralta

William T. Stachowski

2009-S7410 - Details

2009-S7410 - Summary

2009-S7410 - Sponsor Memo

2009-S7410 - Bill Text download pdf

co-Sponsors

Jose Peralta

William T. Stachowski

2009-S7410A - Details

2009-S7410A - Summary

2009-S7410A - Sponsor Memo

2009-S7410A - Bill Text download pdf

co-Sponsors

Jose Peralta

William T. Stachowski

2009-S7410B (ACTIVE) - Details

2009-S7410B (ACTIVE) - Summary

2009-S7410B (ACTIVE) - Sponsor Memo

2009-S7410B (ACTIVE) - Bill Text download pdf

Comments