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House Amendment 5253

Amendment Text

PAG LIN
  1  1    Amend House File 2235 as follows:
  1  2    #1.  Page 12, by inserting after line 15 the
  1  3 following:
  1  4    "Sec.    .  NEW SECTION.  523H.13A  DAMAGES
  1  5 RECOVERABLE.
  1  6    Damages recoverable pursuant to the provisions of
  1  7 this chapter include, but are not limited to, the
  1  8 following:
  1  9    1.  A fractional portion of the franchisee's
  1 10 tangible assets, both real and personal, in this state
  1 11 used with respect to the terminated or nonrenewed
  1 12 franchise, including but not limited to, sales outlets
  1 13 and facilities, offices, warehouses, trucks and the
  1 14 furnishing, equipment, and accessories therein.  The
  1 15 numerator of the fraction shall consist of the
  1 16 franchisee's gross sales, in the most recently
  1 17 completed fiscal year, within this state attributable
  1 18 to the terminated or nonrenewed franchise, and the
  1 19 denominator of the fraction shall consist of the
  1 20 franchisor's total gross sales, in the most recently
  1 21 completed fiscal year, in this state.
  1 22    2.  Loss of goodwill.
  1 23    3.  Loss of profits, which loss shall be presumed
  1 24 to be no less than five times the profit obtained by
  1 25 the franchised distributor, by virtue of the
  1 26 terminated franchise, in the most recently completed
  1 27 fiscal year.
  1 28    4.  All other damages allowed under the law of this
  1 29 state.
  1 30    5.  Reasonable attorney fees and expenses incurred
  1 31 in the action or actions brought pursuant to this
  1 32 chapter."
  1 33    #2.  By renumbering as necessary.  
  1 34 
  1 35 
  1 36                              
  1 37 HOLVECK of Polk
  1 38 HF 2235.307 76
  1 39 mj/cf
     

Text: H05252                            Text: H05254
Text: H05200 - H05299                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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