Adopted

COMMITTEE AMENDMENT NO 1 PROPOSED TO

House Bill No. 1306

BY: Committee

     Amend by striking all after the enacting clause and inserting in lieu thereof the following:

SECTION 1.  (1)  If at least one (1) of the parties to a contract or agreement is a resident or domiciliary of Mississippi, a provision in a written or oral contract or agreement that requires dispute resolution to be held outside of the territorial boundaries of this state, whether through arbitration, mediation, litigation or any other available means, or that requires the application of any laws other than the laws of this state, is invalid, null, void, unenforceable, and repugnant to the public policy of this state if the subject of the contract or agreement:

          (a)  Relates to the design, construction, alteration, repair, demolition or maintenance of any building, structure, highway, appurtenance, appliance, or other improvements to real property, situated within the boundaries of the State of Mississippi; or

          (b)  Relates to goods or services to be provided within the boundaries of the State of Mississippi.

     (2)  The provisions of this section are mandatory and may not be waived or altered by agreement, written or oral.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2018, and shall apply to all contracts and agreements entered into on or after that date.

     Further, amend by striking the title in its entirety and inserting in lieu thereof the following:

     AN ACT TO PROVIDE THAT CERTAIN DISPUTE RESOLUTION AGREEMENTS THAT REQUIRE RESOLUTION OUTSIDE THE STATE SHALL BE VOID; AND FOR RELATED PURPOSES.