Text: H03094 Text: H03096 Text: H03000 - H03099 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Amend House File 126 as follows:
1 2 #1. Page 1, by inserting before line 1 the
1 3 following:
1 4 "Section 1. NEW SECTION. 523H.4A ENCROACHMENT &endash;
1 5 GOOD FAITH REQUIREMENT &endash; COMPENSATION AND INJUNCTIVE
1 6 RELIEF.
1 7 Notwithstanding the terms, provisions, or
1 8 conditions of an agreement or franchise, if a
1 9 franchisor seeks to establish a new outlet, company-
1 10 owned store, or carry-out store, the franchisor shall
1 11 make a good faith effort not to divert market share of
1 12 an existing franchisee to the new outlet, company-
1 13 owned store, or carry-out store. A franchisor who
1 14 does not make a good faith effort as required by this
1 15 section, shall be liable for damages proximately
1 16 caused by the establishment of the new outlet,
1 17 company-owned store, or carry-out store. The
1 18 franchisee may bring a cause of action under this
1 19 section for damages or injunctive relief. A
1 20 petitioner praying for injunctive relief shall not be
1 21 required to allege facts necessary to show, or tending
1 22 to show, a lack of adequate remedy at law, that
1 23 irreparable damage or loss will result if the action
1 24 is brought at law, or that unique or special
1 25 circumstances exist."
1 26 #2. By renumbering as necessary.
1 27
1 28
1 29
1 30 WITT of Black Hawk
1 31
1 32
1 33
1 34 KREMER of Buchanan
1 35
1 36
1 37
1 38 MERTZ of Kossuth
1 39
1 40
1 41
1 42 HEATON of Henry
1 43 HF 126.208 76
1 44 da/jj
Text: H03094 Text: H03096 Text: H03000 - H03099 Text: H Index Bills and Amendments: General Index Bill History: General Index
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