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SF 1870 Senate Long Description

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)