HB 1571-1_ Filed 04/02/2003, 14:49

COMMITTEE REPORT




MR. PRESIDENT:

    The Senate Committee on Judiciary, to which was referred House Bill No. 1571, has had the same under consideration and begs leave to report the same back to the Senate with the recommendation that said bill be AMENDED as follows:

SOURCE: Page 3, line 27; (03)AM157107.3. -->     Page 3, line 27, delete "(a)".
    Page 3, delete lines 30 through 32, begin a new paragraph and insert:
    " Sec. 9. (a) This section applies only if a seed contract purports to choose a forum that would not otherwise have jurisdiction over the farmer.
    (b) The forum selection provision must be printed conspicuously in immediate proximity to the space reserved for the signature of the farmer. For purposes of this subsection, a forum selection provision is printed conspicuously if any of the following apply:
        (1) The provision is printed all in capitals, when other text is printed in capitals and lower case.
        (2) The provision is printed in a larger, boldface, or other typeface different from other text.
        (3) The provision is printed in a color that contrasts with other text.
        (4) The provision is underlined.
        (5) The provision is printed in any other way that highlights the provision in relation to the other text of the contract.
    (c) A forum selection provision that violates this section is not enforceable.
".
    Page 3, line 33, delete "9." and insert " 10.".
    Page 4, line 3, delete "10." and insert " 11.".
    Page 4, delete lines 10 through 31.
    (Reference is to HB 1571 as reprinted February 27, 2003.)

and when so amended that said bill do pass .

Committee Vote: Yeas 6, Nays 1.

____________________________________

Senator Bray, Chairperson


AM 157107/DI 106    2003