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House Journal: Page 2062: Friday, April 28, 1995

Page 10

 1   meet the then current requirements for franchises and
 2   that the franchisee execute a new agreement
 3   incorporating the then current terms and fees for new
 4   franchises.
 5     Sec. 6.  Section 523H.11, Code 1995, is amended to
 6   read as follows:
 7     523H.11  REPURCHASE OF ASSETS.
 8     A franchisor shall not prohibit a franchisee from,
 9   or enforce a prohibition against a franchisee,
10   engaging in any lawful business at any location after
11   a termination or refusal to renew by a franchisor,
12   unless it is one which relies on a substantially
13   similar marketing program as the terminated or
14   nonrenewed franchise or unless the franchisor offers
15   in writing no later than ten business days before
16   expiration of the franchise to purchase the assets of
17   the franchised business for its fair market value as a
18   going concern.  The value of the assets shall not
19   include the goodwill of the business attributable to
20   the trademark licensed to the franchisee in the
21   franchise agreement.  The offer may be conditioned
22   upon the ascertainment of a fair market value by an
23   impartial appraiser.  This section does not apply to
24   assets of the franchised business which the franchisee
25   did not purchase from the franchisor, or the agent of
26   the franchisor."

The motion prevailed and the House concurred in the Senate
amendment H-4140.
Dinkla of Guthrie moved that the bill, as amended by the Senate
and concurred in by the House, be read a last time now and
placed upon its passage which motion prevailed and the bill was
read a last time.
On the question "Shall the bill pass?" (H.F. 126)
The ayes were, 86:
Arnold         	Bell           	Blodgett       	Boddicker
Boggess        	Bradley        	Brand          	Branstad
Brauns         	Brunkhorst     	Burnett        	Carroll
Cataldo        	Churchill      	Coon                  	Cormack
Cornelius      	Daggett        	Dinkla         	Disney
Drake          	Eddie          	Ertl           	Garman
Gipp           	Greig          	Greiner        	Gries
Grubbs         	Grundberg      	Hahn           	Halvorson
Hammitt        	Hanson         	Harper         	Harrison
Heaton         	Houser         	Huseman        	Jacobs
Jochum         	Klemme         	Koenigs        	Kreiman
Kremer         	Larkin         	Larson         	Lord

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/02000/02062.html
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