To prohibit certain transfers or assignments of franchises, and to prohibit certain fixing or maintaining of motor fuel prices, under the Petroleum Marketing Practices Act.

Amends the Petroleum Marketing Practices Act to prohibit a franchisor from transferring or assigning its interest in the franchise during the term of the franchise unless the franchisor, at least 45 days before the proposed transfer or assignment, has first: (1) made a bona fide offer to the franchisee to sell, transfer, or assign to the franchisee the franchisor's interests in the leased marketing premises; or (2) offered the right of first refusal (of at least 45 days' duration) to the franchisee regarding an offer made by another to acquire the franchisor's interest in the premises.

Declares null, void, and unenforceable a franchise or marketing agreement that, in the event of litigation, calls for payment by either party of the prevailing party's legal expenses.

States that it shall be a violation of the Act for a refiner or distributor to fix or maintain motor fuel retail prices at a retail outlet supplied by that refiner or distributor, unless the refiner or distributor also operates such outlet.

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 949 Introduced in House (IH)]







108th CONGRESS
  1st Session
                                H. R. 949

  To prohibit certain transfers or assignments of franchises, and to 
prohibit certain fixing or maintaining of motor fuel prices, under the 
                   Petroleum Marketing Practices Act.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 26, 2003

   Mr. Wynn introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
  To prohibit certain transfers or assignments of franchises, and to 
prohibit certain fixing or maintaining of motor fuel prices, under the 
                   Petroleum Marketing Practices Act.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. TRANSFER OR ASSIGNMENT OF FRANCHISE.

    Section 102 of the Petroleum Marketing Practices Act (15 U.S.C. 
2802) is amended by adding at the end the following new subsection:
    ``(e) A franchisor of leased marketing premises shall not transfer 
or assign its interests in the franchise during the term of the 
franchise unless the franchisor, at least 45 days before the proposed 
transfer or assignment, has--
            ``(1) made a bona fide offer to sell, transfer, or assign 
        to the franchisee the franchisor's interests in the leased 
        marketing premises; or
            ``(2) if applicable, offered the franchisee a right of 
        first refusal of at least 45 days duration of an offer, made by 
        another, to purchase or acquire the franchisor's interests in 
        the leased marketing premises.''.

SEC. 2. FEE SHIFTING PROVISIONS.

    Section 105(d) of the Petroleum Marketing Practices Act (15 U.S.C. 
2805(d)) is amended by adding at the end the following new paragraph:
    ``(4)(A) Any provision of a franchise or marketing agreement 
whereby, in the event of litigation under this section between the 
parties, either party to the agreement must pay for the prevailing 
party's legal fees and expenses is null and void and shall not be 
enforced.
    ``(B) This paragraph shall apply to any litigation commenced after 
the date of the enactment of this subsection, regardless of when the 
franchise or marketing agreement was entered into.
    ``(C) For purposes of this paragraph, the term `legal fees and 
expenses' includes attorney fees, expert witness fees, electronic 
research expenses, copying expenses, paralegal expenses, courier and 
messenger expenses, travel expenses, deposition expenses, postage and 
shipping expenses, overtime expenses, telephone and facsimile expenses, 
court services expenses, document services expenses, litigation support 
expenses, and consultant expenses.''.

SEC. 3. RETAIL PRICE SETTING.

    (a) Amendment.--Title I of the Petroleum Marketing Practices Act 
(15 U.S.C. 2801 et seq.) is amended by adding at the end the following 
new section:

                            ``retail prices

    ``Sec. 107. It shall be a violation of this title for a refiner or 
distributor to fix or maintain the retail price of motor fuel at a 
retail outlet supplied by that refiner or distributor. This section 
shall not apply to retail outlets operated by the refiner or 
distributor.''.
    (b) Conforming Amendments.--Subsections (a), (b), and (d) of 
section 105 of the Petroleum Marketing Practices Act (15 U.S.C. 
2805(a), (b), and (d)) are amended by striking ``102 or 103'' each 
place it appears and inserting ``102, 103, or 107''.
    (c) Table of Contents Amendment.--The table of contents of the 
Petroleum Marketing Practices Act is amended by inserting after the 
item relating to section 106 the following new item:

``Sec. 107. Retail prices.''.
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