legislation: 98-hr-5750
Data license: Public Domain (U.S. Government data) · Data source: Federal Register API & Regulations.gov API
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| 98-hr-5750 | 98 | hr | 5750 | A bill to amend the Petroleum Marketing Practices Act with respect to cases involving withdrawals of branded marketing and withdrawals due to mergers. | Energy | 1984-05-30 | 1984-06-06 | Referred to Subcommittee on Fossil and Synthetic Fuels. | House | Rep. Bedell, Berkley W. [D-IA-6] | IA | D | B000298 | 1 | Amends the Petroleum Marketing Practices Act to permit any franchisor to terminate or fail to renew a franchise if, in the case of any franchise entered into prior to the date of the enactment of this Act and in any case of a three year franchise entered into or renewed on or after such date, the franchisor determined in good faith and in the normal course of business to withdraw the use of its trademark by distributors and retail outlets in the relevant geographic market area in which the marketing premises are located but to continue to sell, consign, or distribute motor fuel in such area without its trademark. Requires that: (1) the determination be made after the date the franchise was entered into or renewed and be based upon changes in relevant facts and circumstances after such date; (2) the termination or nonrenewal is not for the purpose of converting the franchise premises to the franchisor's own account; (3) within 180 days of notification of a termination or nonrenewal, in the case of leased franchise premises, a bona fide offer of at least 90 days duration to sell, transfer, or assign to the franchisee the franchisor's interest is made, or an agreement is made concerning termination or nonrenewal; and (4) within 180 days of notification of a termination or nonrenewal, in the case of any contract between a refiner and a distributor, either the franchisor offered to continue to sell motor fuel to the franchisee without the use of the trademark or an agreement is made concerning termination or nonrenewal. Permits any franchisor to terminate or fail to renew a franchise if, in the case of any franchise entered into prior to the date of the enactment of this Act and in any case of a three year franchise entered into or renewed on or after such date, the trademark of the franchisor is withdrawn in connection with a merger involving the franchisor and resulting in the franchisor's transferring or abandoning its trademark or divesting marketing assets from the marketing of motor fuel in the relevant geographic area. Requires that: (1) the termination or nonrenewal not be for the purpose of converting the premises which are the subject of the franchise to operation by employees or agents of the franchisor for such franchisor's own account or to operation by employees or agents of the entity resulting from such merger for such entity's own account; (2) in the case of leased marketing premises, the franchisor, within 180 days of a termination or nonrenewal, either make a bona fide offer of at least 90 days duration to sell, transfer, or assign to the franchisee the franchisor's interests in the premises, or an agreement is reached concerning termination or nonrenewal; and (3) in the case of any contract between a refiner and a distributor, the refiner, within 180 days of a termination or nonrenewal, reach an agreement in writing with the distributor concerning the termination or nonrenewal. Requires the Secretary of Energy to publish in the Federal Register within 30 days of enactment of this Act a simple and concise updated summary of the franchise protection provisions of the Petroleum Marketing Practices Act. | 2024-02-05T14:30:09Z |