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ERIC CARTER's PROPOSED LEGISLATION

TORT REFORM

HB 2016 --  The 1973 Kansas version of the Uniform Arbitration Act, which was promulgated by the National Conference of Commissioners on Uniform State Laws, deviates from the model act by adding a prohibition on the use of arbitration agreements in three types of contracts:  (1) Insurance agreements; (2) tort actions (e.g., nursing home admission agreements); and (3) employment agreements.  HB 2016 will, if passed by the Legislature and signed into law by the Governor, repeal the prohibition on the use of binding arbitration agreements in employment agreements and subsequent tort actions.  In other words, employers, health care providers, etc., would all be able to utilize arbitration agreements.  Because arbitration is widely-recognized as a far less costly means of dispute resolution (and bears a substantially diminished risk of runaway verdicts and abusive discovery practices), this bill is receiving quite a bit of support from the business community.  HB 2016 can be viewed online at http://www.kslegislature.org/bills/2006/2016.pdf.  This legislation has garnered the attention of the national media.

 

 

 

 

 

   

 
 

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