The IndyBar Legislative Committee is currently monitoring the following litigation related legislation. IndyBar members can request that the Legislative Committee track specific legislation by contacting committee chair Lawren Mills at Lawren.Mills@icemiller.com.
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VANCE PAYMENT TRANSACTIONS. (LEHMAN M) Defines a "civil proceeding advance payment transaction", or "CPAP transaction", as a nonrecourse transaction in which a person (CPAP provider) provides to a consumer claimant in a civil proceeding a funded amount, the repayment of which is: (1) required only if the consumer claimant prevails in the civil proceeding; and (2) sourced from the proceeds of the civil proceeding. Allows a CPAP provider to impose, not more than one time with respect to any one CPAP transaction, a charge that does not exceed: (1) $250, if the funded amount is less than $2,500; or (2) $500, if the funded amount at least $2,500; for obtaining and preparing documents. Permits a CPAP provider to charge a fee not exceeding an annual rate of 38% of the funded amount in connection with a CPAP transaction, and specifies that other than this fee, a deferral charge that may not exceed an annual rate of 38% of the deferred amount, and the document fee, a CPAP provider may not assess or collect any other fee or charge in connection with a CPAP transaction. Provides that a CPAP transaction is not a loan. Specifies that provisions in the UCCC concerning the regular schedule of payments and maximum loan term that otherwise apply to supervised loans do not apply to CPAP transactions. Establishes certain requirements for a CPAP contract and requires that, if the consumer entering into the CPAP transaction is represented by an attorney, the consumer's attorney must review the CPAP contract.
SB146 TORT CLAIMS IMMUNITY AND CITY LEGISLATIVE BODY VACANCIES. (CHARBONNEAU E) Provides that the tort claims act applies to a claim against certain approved postsecondary educational institutions and associations acting on behalf of certain approved postsecondary educational institutions if: (1) the institution or association has complied with certain data sharing requirements; and (2) the claim relates to a breach of this data. Provides that a claim or suit in tort against a postsecondary educational institution filed before March 30, 2016, is not eligible for tort claims immunity. Establishes a procedure by which the legislative body of a second or third class city may provide for the appointment of an acting member of the legislative body if a member of the legislative body is unable to perform the duties of the member's office. (Under current law, the legislative body has the power only to declare the member's seat vacant.) Provides that sheriffs may appoint prison matrons. Replaces references to "superintendent" with "warden".