NON-RECOURSE CIV LIT FUND ACT
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SB 3322 — NON-RECOURSE CIV LIT FUND ACT
Last action — Session Sine Die
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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3Passed Senate
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4Passed House
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5To Executive
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6Enacted
This bill died with 96th Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Summary
Creates the Non-Recourse Civil Litigation Funding Act. Provides that all contracts for non-recourse civil litigation funding must meet specified criteria. Provides that the contract shall provide that the consumer may cancel the contract within 5 business days following the consumer's receipt of funds, without penalty or further obligation. Specifies the notice requirements for contracts. Contains provisions concerning the dispute of contracts. Provides that each non-recourse civil litigation funding company shall adhere to specified best practices. Contains provisions concerning (1) the sale and assignment of proceeds of legal claims and (2) the requirements for non-recourse civil litigation funding companies by the Department of Financial and Professional Regulation. Provides that the Department shall maintain a list of all non-recourse civil litigation funding companies. Contains provisions concerning the power of the Department to issue cease and desist orders. Specifies penalties for violation of the Act. Contains provisions concerning judicial review and application of the Act. Amends the Consumer Installment Loan Act to exclude non-recourse civil litigation funding. Contains a severability clause. Effective immediately.
Bill Text
What changed in the latest version
213 added · 254 removedPlain-language change summary
The latest version of Bill SB 3322 introduces specific requirements for contracts related to non-recourse civil litigation funding. It now mandates that consumers acknowledge they cannot use the funds they receive for litigation costs and that they must inform their attorney about the funding arrangement. This change is important because it aims to ensure that consumers understand the terms of their funding and protect their legal interests by keeping their attorneys informed of any financial transactions related to their case.
*LRB09617078MJR32399b* SB3322 96THEngrossed GENERALLRB096 ASSEMBLY17078 StateMJR of32399 Illinoisb andAN 2010ACT SB3322concerning Introducedregulation. 2/10/2010, by Sen.
Don Harmon SYNOPSIS AS INTRODUCED:
New Act ILCS 670/21 from Ch.
17, par.
5427 Creates the Non-Recourse Civil Litigation Funding Act.
Provides that all contracts for non-recourse civil litigation funding must meet specified criteria.
Provides that the contract shall provide that the consumer may cancel the contract within 5 business days following the consumer's receipt funds, without penalty or further obligation.
Specifies the notice requirements for contracts.
Contains provisions concerning the dispute of contracts.
Provides that each non-recourse civil litigation funding company shall adhere to specified best practices.
Contains provisions concerning (1) the sale and assignment of proceeds of legal claims and (2) the requirements for non-recourse civil litigation funding companies by the Department of Financial and Professional Regulation.
Provides that the Department shall maintain a list of all non-recourse civil litigation funding companies.
Contains provisions concerning the power of the Department to issue cease and desist orders.
Specifies penalties for violation of the Act.
Contains provisions concerning judicial review and application of the Act.
Amends the Consumer Installment Loan Act to exclude non-recourse civil litigation funding.
Contains a severability clause.
Effective immediately.
LRB096 17078 MJR 32399 b CORRECTIONAL FISCAL NOTE ACT BUDGET AND MAY APPLY IMPACT NOTE ACT MAY APPLY A BILL FOR SB3322 LRB096 17078 MJR 32399 b AN ACT concerning regulation.
"Non-recourse civil litigation funding" means a transaction in which a civil litigation funding company purchases and a consumer assigns the contingent right to receive an amount of the potential proceeds of a settlement, judgment, award, or verdict obtained in the consumer's legal SB3322 Engrossed - 2 - LRB096 17078 MJR 32399 b claim to the civil litigation funding company.
(2) The contract shall provide that the consumer may cancel the contract within 5 business days following the consumer's receipt of funds, without penalty or further obligation.
The contract also shall specify that in order for the cancellation to be effective, the consumer must either return to the civil litigation funding company the full amount of SB3322 Engrossed - 3 - LRB096 17078 MJR 32399 b disbursed funds by delivering the civil litigation funding company's uncashed check to the civil litigation company's offices in person within 5 business days after the disbursement of the funds or mail a notice of cancellation and include in that mailing a return of the full amount of disbursed funds in the form of the civil litigation funding company's uncashed check, or a registered or certified check or money order, by insured, registered, or certified United States mail, postmarked within 5 business days after the receipt of those funds from the civil litigation funding company, at the address specified in the contract for cancellation.
(Insert name of civil litigation funding company) agrees that it shall have no right to pursue the legal claim on behalf SB3322 Engrossed - 4 - LRB096 17078 MJR 32399 b of or in lieu of the consumer.
You acknowledge that your attorney in the legal claim has provided no tax, public, or SB3322 Engrossed - 5 - LRB096 17078 MJR 32399 b private benefit planning regarding this transaction.".
(6) The contract shall contain an acknowledgement by the consumerfollowing thatstatement helocated orabove she has reviewed the contractsignature inline: its entirety.
(7)"The consumer understands and agrees that the funds received from this Non-Recourse Civil Litigation Funding shall not be used to pay for litigation costs related to the underlying Legal claim." (6) The contract for nonrecourse civil litigation funding shall contain a written acknowledgmentacknowledgement by the consumer that he or she has reviewed the contract in its entirety, that he or she shall notify his or her current attorney and any successor attorneys representing thehim consumeror her in the legal claim thatof providesthe existence of the following:transaction and shall instruct the nonrecourse civil litigation funding company to provide the attorney with a copy of the contract.
(A)Additionally, Thebefore attorneyobtaining representingany additional or subsequent nonrecourse civil litigation funding, the consumer inwill thenotify legalhis claimor isher beingattorney paidand onreceive aprior contingencywritten basispermission perfor asuch writtentransaction feefrom agreement.the prior civil litigation funding company.
(B) All proceeds of the legal claim will be disbursed via the trust account of the attorney representing the consumer in the legal claim or via a settlement fund established by the defendant in the legal claim to receive and distribute the proceeds of the legal claim on behalf of the consumer.
(C) The attorney representing the consumer in the legal claim has reviewed the contract and will follow the written instructions of the consumer provided to the attorney at the time the funds are obtained by the consumer from the civil litigation funding company with regard to remitting payment to the civil litigation funding company upon resolution of the legal claim.
Disputes.Priorities.
IfAny aattorney's disputelien, arisesMedicare betweenlien, theMedicaid SB3322lien, -or 6health -care LRB096provider 17078lien MJRagainst 32399 b consumer and the civilconsumer's litigation funding company concerning the contract for non-recourse civil litigation funding, then the responsibilities of the attorney representing the consumer in the legal claim shall betake consistentpriority withover theany attorney'slien responsibilitiesof under the Illinoiscivil Ruleslitigation offunding Professionalcompany. Responsibility.
SB3322 Engrossed - 6 - LRB096 17078 MJR 32399 b Section 20.
BestStandards and practices.
Each civil litigation funding company shall adhere to the followingfollowing: best practices:
(1) The civil litigation funding company mayshall not pay or offer to pay commissions or referral fees to any attorney or employee of a law firm or to any medical provider, chiropractor, or physical therapist or their employees for referring a consumer to the civil litigation funding company.
(2) The civil litigation funding company mayshall not advertise false or intentionally misleading information regarding its product or services.
(3) The civil litigation funding company mayshall not SB3322 - 7 - LRB096 17078 MJR 32399 b knowingly provide funding to a consumer who has previously sold and assigned an amount of his potential proceeds from his legal claim to another civil litigation funding company without first buyingpurchasing out that civil litigation funding company's entire accrued balance unless otherwise agreed in writing by the civil litigation funding companies and the consumer.
SB3322 Engrossed - 7 - LRB096 17078 MJR 32399 b (4) The civil litigation funding company mayshall not offer single premium credit life, disability, or unemployment insurance that is to be financed through a civil litigation funding transaction.
(5) For Spanishnon-English speaking consumers, upon the written request of the consumer, the principal terms of the contract must be translated in writing into Spanish,the consumer's primary language, the consumer must sign the translated document containing the principal terms and initial each page, and the translator or lawyer must sign an affirmation confirming that the principal terms have been presented to the consumer in Spanishthe consumer's primary language and acknowledged by the consumer.
The contingent right to receive an amount of the potential proceeds of a legal claim is assignable and that assignment is valid for the purposes of obtaining funding from SB3322 - 8 - LRB096 17078 MJR 32399 b a civil litigation funding company.
Show all 51 changed lines (11 more)
(a) It is unlawful to enter into a non-recourse civil litigation funding transaction unless the civil litigation funding company (i) is licensed by the Department in accordance SB3322 Engrossed - 8 - LRB096 17078 MJR 32399 b with the licensure requirements of the Consumer Installment Loan Act, (ii) has received special authorization in the form of an Other Business Authorization for non-recourse civil litigation funding certificate from the Department, and (iii) complies with all Sections of this Act.
SB3322 - 9 - LRB096 17078 MJR 32399 b Section 40.
This data must SB3322 Engrossed - 9 - LRB096 17078 MJR 32399 b be submitted to the Department no later than February 15 of each year the civil litigation funding company does business in this State for the previous year of activity.
SB3322 - 10 - LRB096 17078 MJR 32399 b (a) The Department may issue a cease and desist order to any person doing business without the required license or to any licensee, who, in the opinion of the Department, is violating or is about to violate the best practices or licensure requirements of this Act.
(b) The Department shall serve notice of its action, designated as a cease and desist order made pursuant to this SB3322 Engrossed - 10 - LRB096 17078 MJR 32399 b Section, including a statement of the reasons for the action, either personally or by certified mail, return receipt requested.
(f) The powers vested in the Department by this Section are additional to any and all other powers and remedies vested in the Department by law, and nothing in this Section shall be construed as requiring that the Department shall employ the SB3322 - 11 - LRB096 17078 MJR 32399 b power conferred in this Section instead of or as a condition precedent to the exercise of any other power or remedy vested in the Department.
(a) Any person who engages in business as a civil litigation funding company without the license required by this SB3322 Engrossed - 11 - LRB096 17078 MJR 32399 b Act shall be guilty of a Class 4 felony.
SB3322 - 12 - LRB096 17078 MJR 32399 b Section 55.
During the first 90 SB3322 Engrossed - 12 - LRB096 17078 MJR 32399 b days after the effective date of this Act, any person who has applied for a license under this Act, or filed written notice of intention to apply for such license with the Department, and who has not been denied, shall be subject to all provisions of this Act and may engage in non-recourse litigation funding as if he were a licensee under this Act.
This Act does not apply to any person, partnership, association, limited liability company, or corporation doing business under and as permitted by any law of this State or of the United States relating to banks, SB3322 - 13 - LRB096 17078 MJR 32399 b savings and loan associations, savings banks, credit unions, or licensees under the Residential Mortgage License Act for residential mortgage loans made pursuant to that Act.
12-6-05.) SB3322 Engrossed - 13 - LRB096 17078 MJR 32399 b Section 970.
Show all 51 changed rows (11 more)
Action History
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Session Sine Die
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Held on Calendar Order of Second Reading - Short Debate
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House Floor Amendment No. 2 Lost 028-087-001
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House Floor Amendment No. 4 Recommends Be Adopted Rules Committee; 005-000-000
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House Floor Amendment No. 4 Referred to Rules Committee
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House Floor Amendment No. 4 Filed with Clerk by Rep. Lou Lang
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House Floor Amendment No. 3 Recommends Be Adopted Rules Committee; 005-000-000
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House Floor Amendment No. 2 Recommends Be Adopted Judiciary I - Civil Law Committee; 011-005-000
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House Floor Amendment No. 3 Referred to Rules Committee
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House Floor Amendment No. 3 Filed with Clerk by Rep. Lou Lang
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House Floor Amendment No. 2 Rules Refers to Judiciary I - Civil Law Committee
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House Floor Amendment No. 2 Referred to Rules Committee
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House Floor Amendment No. 2 Filed with Clerk by Rep. Lou Lang
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Held on Calendar Order of Second Reading - Short Debate
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Second Reading - Short Debate
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Placed on Calendar 2nd Reading - Short Debate
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Do Pass as Amended / Short Debate Judiciary I - Civil Law Committee; 010-007-000
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House Committee Amendment No. 1 Adopted in Judiciary I - Civil Law Committee; by Voice Vote
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House Committee Amendment No. 1 Filed with Clerk by Judiciary I - Civil Law Committee
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Assigned to Judiciary I - Civil Law Committee
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Final Action Deadline Extended-9(b) January 11, 2011
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Added Alternate Co-Sponsor Rep. Linda Chapa LaVia
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Added Alternate Chief Co-Sponsor Rep. Jay C. Hoffman
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Referred to Rules Committee
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First Reading
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Placed on Calendar Order of First Reading
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Chief House Sponsor Rep. Lou Lang
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Arrived in House
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Third Reading - Passed; 057-000-000
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Placed on Calendar Order of 3rd Reading
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Senate Floor Amendment No. 1 Adopted; Harmon
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Recalled to Second Reading
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Senate Floor Amendment No. 1 Recommend Do Adopt Judiciary; 010-000-000
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Senate Floor Amendment No. 1 Assignments Refers to Judiciary
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Senate Floor Amendment No. 1 Referred to Assignments
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Senate Floor Amendment No. 1 Filed with Secretary by Sen. Don Harmon
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Placed on Calendar Order of 3rd Reading March 12, 2010
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Second Reading
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Placed on Calendar Order of 2nd Reading March 4, 2010
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Do Pass Judiciary; 008-000-000
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Assigned to Judiciary
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Referred to Assignments
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First Reading
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Filed with Secretary by Sen. Don Harmon
Sponsors
- Don Harmon · Cosponsor
- Chapa LaVia · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →0 sponsors · 2 co-sponsors · 181 not signed on · 14 voted No
Sponsors (0)
None.
Co-sponsors (2)
- Don Harmon Democrat
- Chapa LaVia Voted No
Not signed on (181)
181 members have not signed on to this bill.
Show all 181 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democrat | 4 | 9 | 0 | 0 |
| Unaffiliated | 23 | 73 | 0 | 3 |
| Republican | 1 | 5 | 0 | 0 |
| Total | 28 | 87 | 0 | 3 |
| % of votes cast | 24% | 74% | 0% | 3% |
How each member voted (118)
| Member | Party | Vote |
|---|---|---|
| Jefferson | — | Yea |
| Lang | — | Yea |
| Leitch | — | Nay |
| Madigan | — | Yea |
| May | — | Yea |
| McAuliffe | — | Nay |
| McGuire | — | Yea |
| McCarthy | — | Yea |
| Mell | — | Yea |
| Gordon, Careen | — | Yea |
| Hannig | — | Yea |
| Hernandez | — | Yea |
| Nekritz | — | Yea |
| Osterman | — | Yea |
| Ramey | — | Nay |
| Senger | — | Nay |
| Reitz | — | Nay |
| Sente | — | Nay |
| Lyons | — | Nay |
| Winters | — | Yea |
| Zalewski | — | Yea |
| Bradley | — | Nay |
| Brady | — | Nay |
| Currie | — | Yea |
| Dugan | — | Nay |
| Dunkin | — | Nay |
| Eddy | — | Nay |
| Farnham | — | Nay |
| Flider | — | Nay |
| Flowers | — | Nay |
| Fortner | — | Nay |
| Froehlich | — | Yea |
| Golar | — | Yea |
| Jakobsson | — | Yea |
| Kosel | — | Nay |
| Burke | — | Nay |
| Sullivan | — | Nay |
| Mitchell, Bill | — | Nay |
| Mendoza | — | Not Voting |
| Mitchell, Jerry | — | Nay |
| Gordon, Jehan | — | Nay |
| Moffitt | — | Nay |
| Mulligan | — | Not Voting |
| Phelps | — | Nay |
| Pihos | — | Nay |
| Harris | — | Nay |
| Sommer | — | Nay |
| Soto | — | Nay |
| Hays, Chad | — | Nay |
| Thapedi | — | Nay |
| Watson | — | Nay |
| Tryon | — | Nay |
| Turner | — | Nay |
| Verschoore | — | Nay |
| Wait | — | Nay |
| Howard | — | Nay |
| Yarbrough | — | Nay |
| Davis, Monique | — | Nay |
| Cavaletto | — | Nay |
| Coladipietro | — | Nay |
| Cole | — | Nay |
| Colvin | — | Nay |
| Connelly | — | Nay |
| Coulson | — | Nay |
| Cross | — | Nay |
| Cultra | — | Nay |
| D'Amico | — | Nay |
| Durkin | — | Not Voting |
| Franks | — | Nay |
| Hatcher | — | Nay |
| Holbrook | — | Nay |
| Jackson | — | Nay |
| O'Sullivan | — | Yea |
| Osmond | — | Nay |
| Poe | — | Nay |
| Pritchard | — | Nay |
| Reboletti | — | Nay |
| Reis | — | Nay |
| Riley | — | Nay |
| Sacia | — | Nay |
| Saviano | — | Nay |
| Schmitz | — | Nay |
| Acevedo | — | Nay |
| Arroyo | — | Nay |
| Bassi | — | Nay |
| Beaubien | — | Nay |
| Beiser | — | Nay |
| Bellock | — | Nay |
| Mathias | — | Nay |
| Berrios | — | Yea |
| Biggins | — | Nay |
| Mautino | — | Yea |
| Boland | — | Yea |
| Bost | — | Nay |
| Brauer | — | Nay |
| Burns | — | Yea |
| Carberry | — | Nay |
| McAsey | — | Nay |
| Chapa LaVia | — | Nay |
| Anthony DeLuca | Democrat | Nay |
| Camille Y. Lilly | Democrat | Yea |
| Fred Crespo | Democrat | Nay |
| Jay Hoffman | Democrat | Nay |
| La Shawn K. Ford | Democrat | Nay |
| Lakesia Collins | Democrat | Nay |
| Mark L. Walker | Democrat | Yea |
| Nicholas K. Smith | Democrat | Nay |
| Rita Mayfield | Democrat | Nay |
| Robert "Bob" Rita | Democrat | Nay |
| Robyn Gabel | Democrat | Yea |
| Sara Feigenholtz | Democrat | Yea |
| William "Will" Davis | Democrat | Nay |
| Brad Stephens | Republican | Nay |
| Chapin Rose | Republican | Nay |
| Chris Miller | Republican | Nay |
| Jil Tracy | Republican | Nay |
| Kyle Moore | Republican | Yea |
| Norine K. Hammond | Republican | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 47 | 0 | 0 | 2 |
| Democrat | 9 | 0 | 0 | 0 |
| Republican | 1 | 0 | 0 | 0 |
| Total | 57 | 0 | 0 | 2 |
| % of votes cast | 97% | 0% | 0% | 3% |
How each member voted (59)
| Member | Party | Vote |
|---|---|---|
| Hendon | — | Yea |
| Hultgren | — | Yea |
| Hutchinson | — | Yea |
| Kotowski | — | Yea |
| Lauzen | — | Yea |
| Link | — | Yea |
| Luechtefeld | — | Yea |
| McCarter | — | Yea |
| Millner | — | Yea |
| Muñoz | — | Yea |
| Noland | — | Yea |
| Demuzio | — | Yea |
| Schoenberg | — | Yea |
| Jacobs | — | Yea |
| Silverstein | — | Yea |
| Steans | — | Yea |
| Trotter | — | Yea |
| Jones, J. | — | Yea |
| Viverito | — | Yea |
| Brady | — | Yea |
| Sullivan | — | Yea |
| Wilhelmi | — | Yea |
| Cullerton | — | Yea |
| Clayborne | — | Yea |
| Cronin | — | Yea |
| Crotty | — | Yea |
| Dahl | — | Yea |
| Dillard | — | Yea |
| Duffy | — | Yea |
| Forby | — | Yea |
| Frerichs | — | Yea |
| Haine | — | Yea |
| Meeks | — | Not Voting |
| DeLeo | — | Yea |
| Pankau | — | Yea |
| Radogno | — | Yea |
| Raoul | — | Yea |
| Righter | — | Yea |
| Risinger | — | Yea |
| Rutherford | — | Not Voting |
| Sandoval | — | Yea |
| Maloney | — | Yea |
| Althoff | — | Yea |
| Martinez | — | Yea |
| Bivins | — | Yea |
| Bomke | — | Yea |
| Bond | — | Yea |
| Burzynski | — | Yea |
| Garrett | — | Yea |
| David Koehler | Democrat | Yea |
| Don Harmon | Democrat | Yea |
| Emil Jones, III | Democrat | Yea |
| Eva-Dina Delgado | Democrat | Yea |
| Kimberly A. Lightford | Democrat | Yea |
| Lakesia Collins | Democrat | Yea |
| Laura M. Murphy | Democrat | Yea |
| Linda Holmes | Democrat | Yea |
| Mattie Hunter | Democrat | Yea |
| Dave Syverson | Republican | Yea |
Subjects
Frequently asked questions
- What does SB 3322 do?
- Creates the Non-Recourse Civil Litigation Funding Act. Provides that all contracts for non-recourse civil litigation funding must meet specified criteria. Provides that the contract shall provide that the consumer may cancel the contract within 5 business days following the consumer's receipt of funds, without penalty or further obligation. Specifies the notice requirements for contracts. Contains provisions concerning the dispute of contracts. Provides that each non-recourse civil litigation funding company shall adhere to specified best practices. Contains provisions concerning (1) the sale and assignment of proceeds of legal claims and (2) the requirements for non-recourse civil litigation funding companies by the Department of Financial and Professional Regulation. Provides that the Department shall maintain a list of all non-recourse civil litigation funding companies. Contains provisions concerning the power of the Department to issue cease and desist orders. Specifies penalties for violation of the Act. Contains provisions concerning judicial review and application of the Act. Amends the Consumer Installment Loan Act to exclude non-recourse civil litigation funding. Contains a severability clause. Effective immediately.
- Who sponsors SB 3322?
- SB 3322 is sponsored by Don Harmon (Democrat) and Chapa LaVia.
- What is the current status of SB 3322?
- This bill died with 96th Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track SB 3322?
- Track SB 3322 free on One Click Politics — get push/email alerts when it moves.
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