Assembly Bill A9933

2017-2018 Legislative Session

Relates to requiring fair business practices in franchises

download bill text pdf

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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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2017-A9933 (ACTIVE) - Details

Current Committee:
Assembly Economic Development
Law Section:
General Business Law
Laws Affected:
Add Art 33-C §§698 - 698-m, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2019-2020: A6115
2021-2022: A3823
2023-2024: A3413

2017-A9933 (ACTIVE) - Summary

Relates to requiring fair business practices in franchises.

2017-A9933 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9933
 
                           I N  A S S E M B L Y
 
                             February 27, 2018
                                ___________
 
 Introduced by M. of A. MURRAY -- read once and referred to the Committee
   on Economic Development
 
 AN  ACT to amend the general business law, in relation to requiring fair
   business practices in franchises
 
   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
 33-C to read as follows:
                               ARTICLE 33-C
                      FAIR FRANCHISING PRACTICES ACT
 SECTION 698.   SHORT TITLE.
         698-A. DEFINITIONS.
         698-B. PROCEDURAL FAIRNESS.
         698-C. PRIVATE RIGHT OF ACTION.
         698-D. DUTY OF GOOD FAITH.
         698-E. DUTY OF COMPETENCE.
         698-F. NEGOTIATED CHANGES PERMITTED.
         698-G. INDEPENDENT SOURCING.
         698-H. TERMINATION AND NON-RENEWAL.
         698-I. TRANSFER OF A FRANCHISE.
         698-J. ANTI-COMPETITIVE COVENANTS.
         698-K. FREEDOM OF ASSOCIATION.
         698-L. ENCROACHMENT.
         698-M. DISCRIMINATION PROHIBITED.
   §  698.  SHORT  TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
 THE "FAIR FRANCHISING PRACTICES ACT".
   § 698-A. DEFINITIONS. AS USED IN THIS ARTICLE:
   1. "AFFILIATE" SHALL MEAN ANY NATURAL  OR  LEGAL  PERSON  CONTROLLING,
 CONTROLLED BY OR UNDER COMMON CONTROL WITH A FRANCHISOR.
   2.  "FRANCHISE"  SHALL MEAN A CONTRACT OR AGREEMENT, WHETHER EXPRESSED
 OR IMPLIED, AND WHETHER WRITTEN OR ORAL, BETWEEN TWO OR MORE PERSONS  BY
 WHICH:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13400-01-7
              

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