S T A T E O F N E W Y O R K
________________________________________________________________________
750
2011-2012 Regular Sessions
I N S E N A T E
(PREFILED)
January 5, 2011
___________
Introduced by Sen. YOUNG -- read twice and ordered printed, and when
printed to be committed to the Committee on Judiciary
AN ACT to amend the general obligations law, in relation to extending
from 3 days to 5 days the period to cancel a lease of oil and gas
rights
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 5 of section 5-333 of the general obligations
law, as added by chapter 386 of the laws of 2005, is amended to read as
follows:
5. On or after January first, two thousand six, any oil or gas lease
shall contain the following statement printed in at least ten point bold
type:
THIS IS A LEASE OF OIL AND GAS RIGHTS, NOT A SALE, CONTAINING TERMS
THAT MAY BE NEGOTIATED BY YOU. YOU HAVE THE RIGHT TO CANCEL THIS LEASE
WITHIN [THREE] FIVE BUSINESS DAYS AFTER EXECUTION OF THE LEASE BY NOTI-
FYING THE LESSEE THAT YOU HAVE CANCELED THIS CONTRACT. IN ORDER TO
CANCEL THIS LEASE, YOU MUST EXECUTE A NOTICE OF CANCELLATION IN THE FORM
PROVIDED BELOW, MAIL IT TO THE LESSEE AND REFUND ALL AMOUNTS PAID TO YOU
BY THE LESSEE WITHIN THE [THREE-DAY] FIVE-DAY CANCELLATION PERIOD. THE
MAILING MUST BE POSTMARKED WITHIN THE [THREE-DAY] FIVE-DAY CANCELLATION
PERIOD TO BE EFFECTIVE.
NOTICE OF CANCELLATION
I/WE HEREBY CANCEL THIS LEASE.
DATED:
SIGNATURE(S):
THE PERSON PRESENTING THIS LEASE TO YOU IS [ ] NOT [ ] A MEMBER OF
(name of organization) AND THEREFORE IS [ ] IS NOT [ ] SUBJECT
TO A CODE OF CONDUCT. IF THE PERSON PRESENTING THIS LEASE TO YOU IS
SUBJECT TO A CODE OF CONDUCT, A COPY OF THE CODE OF CONDUCT MUST BE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02631-01-1
S. 750 2
PRESENTED TO YOU WITH THIS LEASE. IF APPLICABLE, THE CODE OF CONDUCT
PROVIDES A DISPUTE RESOLUTION MECHANISM FOR ANY DISPUTE THAT YOU MAY
HAVE REGARDING THE MANNER BY WHICH THIS LEASE WAS PRESENTED TO YOU. IF
YOU HAVE ANY SUCH DISPUTE, YOU MAY INVOKE THE DISPUTE RESOLUTION MECH-
ANISM OF THE CODE OF CONDUCT BY CONTACTING THE PERSON OR PERSONS DESIG-
NATED IN THE CODE OF CONDUCT. THE FAILURE OF THE LESSEE TO PAY ANY
ROYALTIES TO YOU AS REQUIRED UNDER THE TERMS OF THE LEASE FOR A PERIOD
OF FOUR CONSECUTIVE MONTHS OR MORE SHALL BE A DEFAULT UNLESS OTHERWISE
PROVIDED BY LAW, AND WILL RESULT IN CANCELLATION OF THE LEASE APPLICABLE
TO THE TARGET FORMATION OF THE WELL WITHIN THE SPACING UNIT, FOLLOWING
WRITTEN NOTIFICATION TO THE LESSEE OF YOUR INTENT TO CANCEL AND SIXTY
DAYS FOR THE LESSEE TO CURE THE DEFAULT. IF THE LESSEE HAS A BONA FIDE
DISPUTE REGARDING THE GROUNDS FOR CANCELLATION, SUCH DISPUTE AND THE
REASONS THEREFOR MUST BE PROVIDED TO YOU IN WRITING OR THE DEFAULT MUST
BE CURED WITHIN SUCH SIXTY DAY PERIOD, OTHERWISE THE LEASE SHALL BE
CANCELLED.
S 2. This act shall take effect on the thirtieth day after it shall
have become a law and shall apply to oil or gas leases entered into on
or after such effective date.