S.338 - Petroleum Marketing Practices Act Amendments of 1993103rd Congress (1993-1994)
|Sponsor:||Sen. Ford, Wendell H. [D-KY] (Introduced 02/04/1993)|
|Committees:||Senate - Energy and Natural Resources|
|Committee Reports:||S.Rept 103-387|
|Latest Action:||09/29/1994 Placed on Senate Legislative Calendar under General Orders. Calendar No. 693. (All Actions)|
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Summary: S.338 — 103rd Congress (1993-1994)All Information (Except Text)
Reported to Senate with amendment(s) (09/29/1994)
Petroleum Marketing Practices Act Amendments of 1993 - Amends the Petroleum Marketing Practices Act to allow as grounds for nonrenewal of a franchise relationship the failure of the parties to agree to changes to the franchise provisions as long as such failure is not the result of the franchisor's insistence for the purpose of converting a franchisee operation into one operated by the franchisor's employees or agents (that is, turning the franchise into a company-owned station).
Requires a franchisor that does not wish to exercise its underlying lease options to lease or purchase the marketing premises, to offer to assign them to the franchisee as a prerequisite to termination or nonrenewal of the franchise relationship.
Bars a franchisor from requiring, as a condition of the franchise relationship, that the franchisee waive or release its rights under Federal or State law. Declares invalid and unenforceable any franchise provision which specifies that franchise interpretation or enforcement shall be governed by the law of any State other than the one in which the franchisee has its principal place of business.
Prohibits a State or any political subdivision from implementing any law or regulation which requires payment for a franchisee's goodwill upon either termination or nonrenewal of a franchise. Permits State law to specify the terms and conditions under which a franchise or franchise relationship may be transferred to a franchisee's designated successor upon the franchisee's death.
Amends the definition of "failure" to provide that it does not include any failure based on a provision of a franchise which is illegal or unenforceable under State law.