Judiciary I - Civil Law Committee
Filed: 10/14/2009
 
 

 




 

 		












09600HB4628ham001

LRB096 14542 KTG 29881 a






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AMENDMENT TO HOUSE BILL 4628




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    AMENDMENT NO. ______. Amend House Bill 4628 as follows: 


 
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on page 28, line 13, by deleting "entered into on or"; and
 
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on page 28, by deleting line 14; and
 
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on page 28, line 15, by deleting "General Assembly"; and
 
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on page 28, line 21, by deleting "the effective date of this" 
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and replacing it with "January 1, 2009"; and
 
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on page 28, line 22, by deleting "amendatory Act of the 96th 
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General Assembly"; and
 
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on page 29, by deleting lines 15 through 20; and
 
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on page 31, by replacing lines 19 through 26 with the 
 


 






09600HB4628ham001
- 2 -
LRB096 14542 KTG 29881 a




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following:
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        "(3) The successor manufacturer proves that it would 
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    have had good cause to terminate the franchise agreement of 
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    the former franchisee, or the successor of the former 
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    franchisee under item (e)(10) in the event that the former 
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    franchisee is deceased or disabled. The determination of 
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    whether the successor manufacturer would have had good 
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    cause to terminate the franchise agreement of the former 
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    franchisee, or the successor of the former franchisee, 
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    shall be made by the Board under subsection (d) of Section 
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    12. A successor manufacturer that seeks to assert that it 
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    would have had good cause to terminate a former franchisee, 
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    or the successor of the former franchisee, must file a 
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    petition seeking a hearing on this issue before the Board 
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    and shall have the burden of proving that it would have had 
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    good cause to terminate the former franchisee or the 
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    successor of the former franchisee. No successor dealer, 
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    other than the former franchisee, may be appointed or 
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    franchised by the successor manufacturer within the 
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    relevant market area of the former franchisee until the 
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    Board has held a hearing and rendered a determination on 
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    the issue of whether the successor manufacturer would have 
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    had good cause to terminate the former franchisee."; and
 
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on page 32, by deleting lines 1 through 12.