110ja

___________________ moved that SB 110 be amended as follows:

     On page 1 of the printed bill, remove the overstrikes from line 5 .

     On page 1 , line 5, delete " franchise " .

     On page 1 , line 6, delete " agreement may include any " .

     On page 1 , remove the overstrikes from lines 6 to 8 , inclusive.

     On page 2 , line 6, after " ; " insert " or ".

     On page 2 , delete lines 7 to 11 , inclusive.

     On page 2 , line 12, delete " (7) " and insert " (5) ".

     On page 2 , line 13, after " community " insert " or moving to another facility within the franchisee's community which is equal to or superior to the franchisee's former facility, if the franchisee obtains the prior written approval of the franchisor as provided in this subdivision. An existing franchisee shall give the franchisor prior written notice of such proposed improvements or relocation, together with the reasons for the proposal. Within sixty days of receiving a complete proposal, including all information customarily utilized by the franchisor to evaluate proposed facility improvements or relocations, the franchisor shall send a letter to the franchisee either approving or disapproving the proposal. The franchisor may not unreasonably withhold its approval for a proposed improvement or relocation. If the franchisor does not notify the franchisee of a decision to disapprove a proposed facility improvement or relocation in accordance with this subdivision, the franchisee's proposal shall be deemed to have been approved ".

     On page 2 , remove the overstrikes from lines 18 and 19 .

     On page 3 , line 9, delete " at the request or concurrence of a licensed franchise dealer " .

     On page 3 , line 21, after " section " insert " for the purpose of revitalizing an underperforming market area ".

     On page 3 , line 22, after " candidates. " insert " Nothing in this section may be construed to relieve a manufacturer or franchisor from complying with the provisions of this chapter governing the termination or nonrenewal of a franchise. ".

     On page 5 , line 11, after " incentives " insert ", and where appropriate, to charge back any claim that was ineligible for payment under the franchisor's requirements".

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     On page 5 , line 12, delete everything after " period " and insert "following payment or after the close of the applicable program, whichever is later. The foregoing limitations do not apply if the franchisor reasonably suspects fraud.".

     On page 5 , delete lines 13 and 14 .