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House Journal: Page 432: Wednesday, February 15, 1995

 3   line 1, and inserting the following:  "business
 4   reason.  "Good cause" includes the failure of the
 5   franchisee to comply with any material lawful
 6   requirement of the franchise agreement, provided that
 7   the termination by the franchisor is not arbitrary or
 8   capricious when compared to the actions of the
 9   franchisor in other similar circumstances."
Kremer of Buchanan offered the following amendment H-3104, to
amendment H-3087 filed by him from the floor and moved its
adoption:
H-3104
 1     Amend the amendment, H-3087, to House File 126 as
 2   follows:
 3     1.  Page 1, by striking lines 6 through 9 and
 4   inserting the following:  "requirement of the
 5   franchise agreement, provided that the termination by
 6   the franchisor is not arbitrary or capricious when
 7   compared to the actions of the franchisor in other
 8   similar circumstances.""
Amendment H-3104 was adopted.
On motion by Kremer of Buchanan, amendment H-3087, as amended,
lost.
Witt of Black Hawk offered the following amendment H-3096 filed
by Witt, et. al., and moved its adoption:
H-3096
 1     Amend House File 126 as follows:
 2     1.  Page 2, by striking lines 6 through 10 and
 3   inserting the following:  "period of time to cure the
 4   default, which in no event shall be less than thirty
 5   days or more than ninety days.  However, during that
 6   period, the franchise may be terminated if the
 7   franchisee fails to make reasonable progress in curing
 8   the default."
A non-record roll call was requested.
The ayes were 45, nays 42.
Amendment H-3096 was adopted.
Kremer of Buchanan offered amendment H-3082 filed by him and
Heaton as follows:
H-3082
 1     Amend House File 126 as follows:
 2     1.  Page 2, by striking lines 18 through 21 and
 3   inserting the following:
 4     "(2)  The franchisee admits to an inability to pay
 5   debts as".

Iowa General Assembly

Index: House Journal (76th General Assembly: Session 1)

© 1995 Cornell College and League of Women Voters of Iowa

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Last update: Sun Jan 14 21:05:02 CST 1996
URL: /DOCS/GA/76GA/Session.1/HJournal/00400/00432.html
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