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Text: H03094                            Text: H03096
Text: H03000 - H03099                   Text: H Index
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House Amendment 3095

Amendment Text

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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