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Minutes for SB258 - Committee on Judiciary

Short Title

Enacting the act against abusive access litigation to create a civil action for determining whether litigation that alleges any access violation under the Americans with disabilities act or similar law constitutes abusive litigation and authorize penalties for such abusive litigation.

Minutes Content for Mon, Mar 6, 2023

Chairwoman Warren opened the hearing on SB258. Jason Thompson, provided an overview of the bill and stood for questions.(Attachment 5)

Eric Stafford gave testimony in support of SB258.  He stated that SB258 will offer protections against Kansas businesses who are unfairly targeted for ADA compliance issues and create a mechanism by which the abusive practices can come to an end while still offering protections for plaintiffs with legitimate claims.  Josh Ney,  who serves as private counsel to the Kansas Chamber spoke to the technical aspects of this legislation. (Attachment 6)

Corey D. Peterson testified in support of SB258.  He stated that SB258 will be a deterrent from abusive lawsuits for hundreds of small businesses in Kansas that does business on websites.(Attachment 7)

Daniel Murray gave testimony in support of SB258.  He stated it will alleviate concerns about predatory efforts to illicit more frivolous claims against small businesses.  (Attachment 8)

Written-only testimony in support of SB258 was submitted by Kelly VanZwoll, Assistant Vice President Government Relations, Kansas Bankers Association. (Attachment 9)

Lane Wilson testified in opposition of SB258.  He stated SB258 is too broad and not specific to the problem identified. Disability Rights Center of Kansas (DRC) proposes an amendment to the bill.   (Attachment10)

Ami Hyten gave testimony in opposition of SB258.  She stated SB258 attempts to disrupt efforts of disabled people to address barriers which exclude and often deny us access to meeting our most basic needs.  (Attachment 11)

Written-only testimony in opposition of SB258 are:

There being no further conferees, the hearing on SB258 was closed.