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House Journal: Page 439: Wednesday, February 15, 1995

Witt of Black Hawk offered amendment H-3095, previously
deferred,  filed by Witt, et. al., as follows:
H-3095
 1     Amend House File 126 as follows:
 2     1.  Page 1, by inserting before line 1 the
 3   following:
 4     "Section 1.  NEW SECTION.  523H.4A  ENCROACHMENT --
 5   GOOD FAITH REQUIREMENT -- COMPENSATION AND INJUNCTIVE
 6   RELIEF.
 7     Notwithstanding the terms, provisions, or
 8   conditions of an agreement or franchise, if a
 9   franchisor seeks to establish a new outlet, company-
10   owned store, or carry-out store, the franchisor shall
11   make a good faith effort not to divert market share of
12   an existing franchisee to the new outlet, company-
13   owned store, or carry-out store.  A franchisor who
14   does not make a good faith effort as required by this
15   section, shall be liable for damages proximately
16   caused by the establishment of the new outlet,
17   company-owned store, or carry-out store.  The
18   franchisee may bring a cause of action under this
19   section for damages or injunctive relief.  A
20   petitioner praying for injunctive relief shall not be
21   required to allege facts necessary to show, or tending
22   to show, a lack of adequate remedy at law, that
23   irreparable damage or loss will result if the action
24   is brought at law, or that unique or special
25   circumstances exist."
26     2.  By renumbering as necessary.
Witt of Black Hawk offered the following amendment H-3108, to
amendment H-3095, filed by Witt of Black Hawk, Holveck and
Kremer from the floor and moved its adoption:
H-3108
 1     Amend the amendment, H-3095, to House File 126 as
 2   follows:
 3     1.  Page 1, by striking lines 19 through 25 and
 4   inserting the following:  "section for damages or
 5   injunctive relief.""
Amendment H-3108 was adopted.
On motion by Witt of Black Hawk, amendment H-3095, as amended,
lost.
Holveck of Polk offered the following amendment H-3099,
previously deferred, filed by Holveck, et. al., and moved its
adoption:

Iowa General Assembly

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

© 1995 Cornell College and League of Women Voters of Iowa

Comments? hjourn@legis.iowa.gov.

Last update: Sun Jan 14 21:05:02 CST 1996
URL: /DOCS/GA/76GA/Session.1/HJournal/00400/00439.html
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