HB4628ham001 96TH GENERAL ASSEMBLY

Judiciary I - Civil Law Committee

Filed: 10/14/2009

09600HB4628ham001 LRB096 14542 KTG 29881 a

AMENDMENT TO HOUSE BILL 4628

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

on page 28, line 13, by deleting "entered into on or"; and

on page 28, by deleting line 14; and

on page 28, line 15, by deleting "General Assembly"; and

on page 28, line 21, by deleting "the effective date of this" and replacing it with "January 1, 2009"; and

on page 28, line 22, by deleting "amendatory Act of the 96th General Assembly"; and

on page 29, by deleting lines 15 through 20; and

on page 31, by replacing lines 19 through 26 with the following:

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

on page 32, by deleting lines 1 through 12.