HB5157 95TH GENERAL ASSEMBLY

LRB095 18328 AJO 44412 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB5157

Introduced , by Rep. Jay C. Hoffman

SYNOPSIS AS INTRODUCED:

710 ILCS 5/1

from Ch. 10, par. 101

Amends the Uniform Arbitration Act. Provides that no agreement to arbitrate any liability arising out of the employment of a seaman, master, vessel crew member, or railroad employee is binding or enforceable. Effective immediately.

A BILL FOR

AN ACT concerning alternate dispute resolution.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Uniform Arbitration Act is amended by changing Section 1 as follows:

(710 ILCS 5/1) (from Ch. 10, par. 101)

Sec. 1. Validity of arbitration agreement. A written agreement to submit any existing controversy to arbitration or a provision in a written contract to submit to arbitration any controversy thereafter arising between the parties is valid, enforceable and irrevocable save upon such grounds as exist for the revocation of any contract, except that: (1) any agreement between a patient and a hospital or health care provider to submit to binding arbitration a claim for damages arising out of (a) (1) injuries alleged to have been received by a patient, or (b) (2) death of a patient, due to hospital or health care provider negligence or other wrongful act, but not including intentional torts, is also subject to the Health Care Arbitration Act; and (2) no agreement to arbitrate any liability associated with or arising out of the employment of any seaman, master, or member of the crew of any vessel or railroad employee is binding or enforceable.

(Source: P.A. 80-1012; 80-1031.)

Section 99. Effective date. This Act takes effect upon becoming law.