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92_HB2564ham001
LRB9207432WHcsam
1 AMENDMENT TO HOUSE BILL 2564
2 AMENDMENT NO. . Amend House Bill 2564 on page 1,
3 line 26 by inserting after "hereunder" the following:
4 "for a remedy under paragraph (6) of subsection (d) or
5 paragraph (6), (8), (10) or (11) of subsection (e) of Section
6 4 of this Act"; and
7 on page 2, by replacing lines 5 and 6 with the following:
8 "provision of Section 4 (other than paragraph (6) of
9 subsection (d) or paragraph (6), (8), (10) or (11) of
10 subsection (e) of Section 4), 5, 6, 7, 9, 10.1, or 11 of this
11 Act; however, if notice of the provision under which the
12 determination has been made is not given by the franchiser,
13 then the proceeding shall be commenced as provided by Section
14 14 of this Act."; and
15 on page 2, line 29 by changing "dispute," to "dispute,"; and
16 on page 2, line 30 by inserting after "11" the following:
17 "of this Act to arbitration under subsection (a), then a
18 proceeding before the Motor Vehicle Review Board as
19 prescribed by subsection (c) or (d) of Section 12 and Section
20 29 of this Act for a remedy other than damages under
21 paragraph (6) of subsection (d) or paragraph (6), (8), (10),
22 or (11) of subsection (e) of Section 4 of this Act shall be
-2- LRB9207432WHcsam
1 commenced upon receipt by the Motor Vehicle Review Board of a
2 timely notice of protest or within 60 days of the date the
3 franchisee received notice in writing by the franchiser of
4 its determination under any provision of those Sections other
5 than paragraph (6) of subsection (d) or paragraph (6), (8),
6 (10), or (11) of subsection (e) of Section 4 of this Act;
7 however, if notice of the provision under which the
8 determination has been made is not given by the franchiser,
9 then the proceeding shall be commenced as provided by Section
10 14 of this Act."; and
11 on page 3, by replacing lines 4 through 13 with the
12 following:
13 "model vehicles, to arbitration under (a), a proceeding for a
14 remedy other than damages shall be commenced upon receipt of
15 a timely notice of protest under paragraph (6) of subsection
16 (d) or paragraph (6), (8), or (10) of subsection (e) of
17 Section 4 of this Act, before the Motor Vehicle Review Board
18 as prescribed by Sections 12 and 29 of this Act."; and
19 on page 7, by replacing lines 26 and 27 with the following:
20 "(8), or (10), or (11) of subsection (e) of Section 4 of this
21 Act, then a proceeding for a remedy other than damages may
22 shall be"; and
23 on page 7, by replacing lines 32 through 34 with the
24 following:
25 "its determination under any provision of this Act other than
26 paragraph (6) of subsection (d) or paragraph (6), (8), (10),
27 or (11) of subsection (e) of Section 4 of this Act; however,
28 if notice of the provision under which the determination has
29 been made is not given by the franchiser, then the proceeding
30 shall be commenced as provided by Section 14 of this Act. the
31 aforesaid Sections, or as otherwise prescribed by Section 13
32 of this Act."; and
-3- LRB9207432WHcsam
1 on page 8, by replacing lines 19 through 22 with the
2 following:
3 "relief, in the circuit court of the county in which the
4 objecting franchisee has its principal place of business or,
5 if the parties have so agreed, in arbitration. If the
6 misconduct is willful or wanton, treble damages may be
7 awarded. Where the misconduct is willful or wanton, the court
8 may award treble damages. A motor vehicle dealer, if it has
9 not suffered any"; and
10 on page 10, line 7 by inserting after "protest" the
11 following:
12 "filed with the Motor Vehicle Review Board"; and
13 on page 12, line 31 by changing "or (10)" to "or (10), or
14 (11)".