Bill Text: NY S05183 | 2011-2012 | General Assembly | Introduced

New York Senate Bill 5183 (Prior Session Legislation)

Introduced

Bill Title: Authorizes gas stations to purchase motor fuel from alternative suppliers.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-01-04 - REFERRED TO CONSUMER PROTECTION [S05183 Detail]

Download: New_York-2011-S05183-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5183
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                      May 3, 2011
                                      ___________
       Introduced  by  Sen.  DeFRANCISCO -- 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 authorizing gas
         stations to purchase motor fuel from alternative suppliers
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 3 of section 199-j of the general business law,
    2  as  added  by  chapter  578  of  the laws of 2008, is amended to read as
    3  follows:
    4    3. Franchise provisions. Any provision of a franchise with  a  refiner
    5  OR  A  SUPPLY AGREEMENT WITH A DISTRIBUTOR which prohibits a dealer, who
    6  either directly or through an affiliate owns a service station including
    7  the tanks and pumps OR WHERE A DEALER PROVIDES  ENVIRONMENTAL  POLLUTION
    8  INSURANCE  COVERAGE FOR THE TANKS AND PUMPS OF NOT LESS THAN ONE MILLION
    9  DOLLARS IN THE AGGREGATE and who dedicates a tank for sale of  unbranded
   10  motor fuel, or ANY PROVISION OF A FRANCHISE WITH A REFINER WHICH PROHIB-
   11  ITS a distributor from purchasing or selling unbranded motor fuel from a
   12  person  or  firm  other  than the refiner or limits the quantity of such
   13  unbranded motor fuel to be purchased from another person or firm or  any
   14  provision  of  a  franchise  which  directly or indirectly discourages a
   15  dealer or distributor from purchasing or selling  such  unbranded  motor
   16  fuels  from another person or firm, shall be null and void. For purposes
   17  of this subdivision and subdivisions four, five and six of this  section
   18  the following terms shall have the following meanings:
   19    (a)  "refiner" means any person, firm or corporation who owns, leases,
   20  operates, controls or supervises a commercial entity producing  gasoline
   21  or diesel motor fuel;
   22    (b)  "distributor" means any person other than a refiner or dealer who
   23  purchases motor fuel at a terminal facility and supplies motor  fuel  to
   24  service stations; and
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11306-01-1
       S. 5183                             2
    1    (c)  "unbranded  motor  fuel"  means  motor  fuel which does not use a
    2  trademark, trade name, service mark, or other identifying symbol or name
    3  owned by a refiner.
    4    S  2.  This  act  shall take effect on the sixtieth day after it shall
    5  have become a law and shall apply to any  franchise  agreements  entered
    6  into on or after such date.