Assembly Bill A3823

2021-2022 Legislative Session

Requires fair business practices in franchises

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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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2021-A3823 (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:
2017-2018: A9933
2019-2020: A6115
2023-2024: A3413

2021-A3823 (ACTIVE) - Summary

Requires fair business practices in franchises.

2021-A3823 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3823
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 28, 2021
                                ___________
 
 Introduced  by  M.  of  A.  DeSTEFANO, SALKA, MANKTELOW -- 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08122-01-1

              

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