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Key Votes

HB 1205 - Establishes Civil Proceeding Advance Payment Transactions - Key Vote

Indiana Key Votes

Bob Behning Did Not Vote on this Legislation.

Read statements Bob Behning made in this general time period.

Stages

Family

Issues

Stage Details

Legislation - Referred to Committee (Senate) -
Legislation - Bill Passed (House) (57-39) - (Key vote)

Title: Establishes Civil Proceeding Advance Payment Transactions

Vote Result
Yea Votes
Nay Votes
Vote Smart's Synopsis:

Vote to pass a bill that establishes civil proceeding advance payment transactions relating to state insurance and financial policy.

Highlights:
  • Defines “civil proceeding advance payment transaction” or “CPAP transaction” as a transaction between a registered CPAP provider and a “consumer claimant” where the provider provides a funded amount to a claimant to use for any purpose other than prosecuting the claimant’s civil proceeding (Sec. 6).    
  • Defines “consumer claimant” as an individual who is or may become a plaintiff, a claimant, or a demandant in a civil proceeding and who is offered or enters into a CPAP transaction with a CPAP provider (Sec. 6).
  • Requires an individual to successfully register with the Department of Insurance and execute a surety bond before he or she engages in business as a CPAP provider (Sec. 6). 
  • Prohibits a CPAP provider from taking the following actions (Sec. 6):
    • From collecting a contract amount of more than 38 percent of the funded amount in a contract; 
    • From issuing more than one contract for the same civil proceeding; and
    • From using any CPAP contract form other than the form issued by the Department of Insurance, unless department approval is granted.
  • Prohibits a CPAP transaction from being classified as a “consumer loan” given to an individual (Secs. 2 & 3).
  • Requires a CPAP contract to include a written acknowledgment from the consumer claimant’s attorney in his or her civil proceeding, acknowledging certain items, including, but not limited to, the following (Sec. 6):
    • That all costs and charges relating to the CPAP transaction have been disclosed to their client; and
    • That the attorney has not and will not receive a referral fee from the CPAP provider.
  • Requires a consumer claimant to pay the specified amount in the CPAP contract if he or she prevails in the civil proceeding and the amount is sourced from the proceeds from a resolution of the civil proceeding (Sec. 6).  
Legislation - Introduced (House) -

Title: Establishes Civil Proceeding Advance Payment Transactions

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