Assembly Bill A4788

2011-2012 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

Sponsored By

Archive: Last Bill Status - In Assembly Committee


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

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2011-A4788 (ACTIVE) - Details

Current Committee:
Assembly Economic Development
Law Section:
General Business Law
Laws Affected:
Add Art 24-D §375, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2009-2010: A6036
2013-2014: A7011
2015-2016: A5331

2011-A4788 (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.

2011-A4788 (ACTIVE) - Bill Text download pdf

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

                                  4788

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 7, 2011
                               ___________

Introduced  by  M. of A. THIELE, REILLY, STEVENSON -- Multi-Sponsored by
  -- M. of A. BURLING, CALHOUN, MAGEE, SAYWARD, SWEENEY -- read once and
  referred to the Committee on Economic Development

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.
                                                           LBD04659-01-1

A. 4788                             2
              

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