FORTY-SEVENTH LEGISLATURE

FIRST SESSION, 2005

February 16, 2005

Mr. Speaker:

    Your BUSINESS AND INDUSTRY COMMITTEE, to whom has been referred

HOUSE BILL 360

has had it under consideration and reports same WITHOUT RECOMMENDATION amended as follows:

1. On page 2, line 13, after the period insert:

     "If one of the parties is an individual consumer, mediation shall take place in the county where the consumer resides, and the consumer shall be required to pay no more than fifty dollars ($50.00) toward the cost of the mediation unless the parties agree otherwise. If after good faith participation in mediation the parties cannot agree on a settlement, the mediation process may be terminated by either party and the claim may be filed with the court.".

     2. On page 2, line 18, after the period insert:

     "If a person is seeking injunctive relief in accordance with the provisions of Subsection E of this section, the person may file a claim for injunctive relief without following the notice or mediation requirements of Subsections A and B of this section.".,

and thence referred to the JUDICIARY COMMITTEE.