Legislative Session number- 81

Bill Name: SF1870

E Regulating motor vehicle fuel franchises and marketing agreements; modifying
and clarifying the definition of franchise, excluding persons selling motor fuel
at wholesale not affiliated with the person owning or controlling the trademark,
trade name, service mark, logotype or other commercial symbol from consideration
as a franchisor or franchisee and defining certain additional terms; temporarily
requiring franchisors selling or transferring interest in marketing premises
occupied by a franchisee to offer the franchisee in connection with the sale or
transfer certain federal rights; requiring certain disclosures by suppliers to
dealers before or as part of marketing agreements, specifying certain disclosure
content requirements; regulating survivorship, providing for the right of
designated family members of deceased or incapacitated dealers to succeed to
marketing agreements, authorizing suppliers to refuse to allow the succession
under certain conditions, notice requirement; requiring supplier compensation to
dealers for elimination of service bays during the term of the marketing
agreement, authorizing waiver or modification of the requirement in writing by
the dealer; regulating supplier setting in marketing agreements of the hours of
operation and of prohibitions and limits on the conduct of other businesses at
the facility; prohibiting suppliers or marketing agreements from fixing,
establishing or regulating product prices; prohibiting certain promotional
requirements; regulating the disposition of products upon termination or
nonrenewal of the marketing agreement; prohibiting supplier restriction or
prohibition of the right of free association among dealers and dealer
restriction or prohibition of the right of free association among suppliers;
prohibiting certain releases and waivers in marketing agreements; restricting
security deposit requirements; prohibiting encouragement to violate the law;
regulating the assignment or transfer of marketing agreements under lease and
nonlease arrangements; requiring dealer advance notice to the supplier of
marketing agreement termination; providing for enforcement of the regulations
through actions for injunctive relief, jurisdiction (ra, ja)