1 2 3 4 5 6 7 8 13 (3) the Federal Trade Commission Act (15 U.S.C. 41 et seq.), as amended; (4) sections 73 and 74 of the Act entitled "An Act to reduce taxation, to provide revenue for the Govern ment, and for other purposes", approved August 27, 1894 (15 U.S.C. 8 and 9), as amended; and (5) the Act of June 19, 1936, chapter 592 (15 U.S.C. 13, 13a, 13b, and 21a). 9 (c) No provisions of this Act shall be construed as limit 10 ing or in any way affecting any remedy or penalty which 11 13 14 15 16 17 18 may result from any legal action or proceeding arising from any acts or practices which occurred (1) prior to the enactment of this Act, (2) outside the scope and purpose or not in compli ance with the terms of this Act, or (3) subsequent to its repeal. SEPARABILITY SEC. 9. If any provision of this Act, or the application 19 of such provision to any person or circumstance, shall be held 20 invalid, the remainder of this Act, or the application of such provision to persons or circumstances other than those as to 22 which it is held invalid, shall not be affected thereby. [H.R. 12712, 94th Cong., 2d sess., introduced by Mr. Devine (for himself and Mr. Brown of Ohio) (by request) on March 23, 1976; and H.R. 12982, 94th Cong., 2d sess., introduced by Mr. Staggers (for himself and Mr. Devine) (by request) on April 1, 1976; are identical as follows:] A BILL To provide for the protection of franchised dealers of petroleum 3 4 5 6 7 8 9 10 FINDINGS AND PURPOSES SECTION 1. (a) The Congress hereby finds that (1) retail gasoline dealers constitute a significant element in the distribution of petroleum products in interstate commerce; (2) the terms and conditions of petroleum products 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 17 franchises govern virtually every aspect of the retail dealer's business; and (3) good faith performance of the obligations and duties set forth in petroleum products franchises promotes efficiency and fair dealing in retail petroleum marketing, and contributes to the public welfare. (b) It is the purpose of this Act (1) to supplement the antitrust laws of the United States by providing retail sellers of petroleum products with judicial recourse against certain business practices affecting interstate commerce; (2) to enable a retail seller of petroleum products to bring a civil action for declaratory or injunctive relief in a district court of the United States and to recover threefold any damages sustained from the failure of his 16 supplier or franchisor to act in good faith in performing or complying with the terms or conditions of a petroleum products franchise; 18 19 20 21 22 24 (3) to permit retail sellers of petroleum products to obtain redress, including treble damages, for coercive or intimidative terminations and nonrenewals of lease and franchise agreements; and (4) to require refiners and other distributors of petroleum products to give effective and timely notice of 3 1 2 3 4 terminations and nonrenewals of lease and franchise agreements. SEC. 2. As used in this Act, the term (1) "commerce" means commerce among the sev 5 eral States of the United States or with foreign nations, 6 or in any territory of the United States or in the District 7 of Columbia, or among the territories or between any territory and any State or foreign nation, or between the District of Columbia and any State or territory or foreign 00 8 9 10 11 12 13 14. 15 nation; (2) "distributor" or "distributorship" means a person engaged in commerce in any State in the marketing of petroleum products through the sale, consignment, or distribution of such products to wholesale or retail outlets (whether or not such person owns, leases, or in any way controls such outlets) under a petroleum products franchise; (3) "good faith" means the duty of each party to a petroleum products franchise, and all officers, employees, or agents thereof to act in a fair and equitable manner 21 toward each other, so as to guarantee each party freedom from coercion, intimidation, or threats of coercion or intimidation from the other party: Provided, That rec 24 ommendation, endorsement, exposition, persuasion, urg 4 ing or argument shall not be deemed to constitute a lack of good faith; (4) "petroleum products" means gasolines and diesel fuels for use in motor vehicles, distillates used as heating fuel, and kerosene; (5) "petroleum products franchise" means any agreement or contract (A) between a refiner or a distributor and a retailer or between a refiner and distributor, under which such retailer or distributor is granted authority to use a trademark, trade name, service mark, or other identifying symbol or name, owned by such refiner or distributor; or, (B) which grants such a retailer or distributor the authority to occupy premises owned, leased, or in any way controlled by a party to such agreement or contract; or, (C) which delineates in writing the terms and conditions by which a refiner or distributor supplies a retailer with any petroleum product. (6) "refiner" means a firm which refines petroleum products or blends and substantially changes petroleum products, or refines liquid hydrocarbons from oil and gas field gases, or recovers liquefied petroleum gases incident to petroleum refining and sells those products to dis |