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House Journal: Page 433: Wednesday, February 15, 1995

Dinkla of Guthrie offered the following amendment H-3103, to
amendment H-3082 filed by him and Heaton from the floor and
moved its adoption:
H-3103
 1     Amend the amendment, H-3082, to House File 126, as
 2   follows:
 3     1.  Page 1, by striking lines 2 through 5 and
 4   inserting the following:
 5     "   .  Page 2, line 20, by inserting after the
 6   word "creditor" the following:  "which is subject to
 7   chapter 681.  An assignment for the benefit of any
 8   creditor pursuant to this subparagraph does not
 9   include the granting of a security interest in the
10   normal course of business"."
Amendment H-3103 was adopted.
On motion by Kremer of Buchanan, amendment H-3082, as amended,
was adopted.
Kremer of Buchanan offered amendment H-3080 filed by him and
Heaton as follows:
H-3080
 1     Amend House File 126 as follows:
 2     1.  Page 3, by striking lines 3 through 9 and
 3   inserting the following:
 4     "e.  The franchisee repeatedly fails to comply with
 5   the same material provision of a franchise agreement,
 6   when the enforcement of the material provision by the
 7   franchisor is not arbitrary or capricious when
 8   compared to the franchisor in other similar cir-
 9   cumstances."
Kremer of Buchanan offered the following amendment H-3105, to
amendment H-3080, filed by him from the floor and moved its
adoption:
H-3105
 1     Amend the amendment, H-3080, to House File 126 as
 2   follows:
 3     1.  Page 1, by striking lines 5 through 9 and
 4   inserting the following:  "the same material provision
 5   of a franchise agreement, when the enforcement of the
 6   material provision by the franchisor is not arbitrary
 7   or capricious when compared to the franchisor in other
 8   similar circumstances.""
Amendment H-3105 was adopted.
Kremer of Buchanan moved the adoption of amendment H-3080, as
amended.

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