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House Industry, Business and Labor committee rejects litigation-financing licensing bill after debate on disclosures and criminal penalties
Summary
The House Industry, Business and Labor Committee voted not to advance a bill to license and regulate litigation financers after extended debate over whether contracts are loans, potential criminal penalties, and mandatory disclosure of funding agreements.
The House Industry, Business and Labor Committee voted to recommend a “do not pass” on House Bill 1372, a proposal to license and regulate litigation financers, after lawmakers and witnesses clashed over criminal penalties and contract-disclosure requirements.
The committee rejected the bill after members said they did not have a workable compromise on key provisions, including whether the financing agreements should be treated as loans and whether full litigation-financing contracts should be discoverable in civil cases.
The bill’s supporters and the Department of Financial Institutions told the committee the department’s existing regulatory tools — licensure, examinations and civil penalties — would be used to police financers. “We would establish a license in the process to grant, revoke, deny a license, and the appeals process. [The department] would also have the ability to go in and examine the financing company,” said Ms. Krebs of the department. She told the…
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