Colorado Court Decision May Impact Indiana’s ‘Lawsuit Lending’ Battle

10044552As the 2016 legislative session nears, an interesting development occurred in Colorado over an issue that the Indiana Chamber has been working on for the last several years. This week, the Colorado Supreme Court determined that the practice of litigation finance, or more commonly referred to as “lawsuit lending”, was determined to be a loan and subject to Colorado’s Uniform Consumer Credit Code (UCCC).

Lawsuit lending is the practice of advancing money to a plaintiff/someone involved in an accident in anticipation of winning a lawsuit in court. If the plaintiff is awarded a settlement, the advance must be repaid at considerably high interest rates. If the plaintiff loses the suit, there is no obligation to repay the loan.

Proponents of the industry have claimed that the advance is not a loan because there is no recourse if the suit is lost. Opponents (including the Indiana Chamber) believe that this process interjects a third party into the civil justice system and prolongs the settlement process.

The Colorado Supreme Court’s decision puts lower interest rate limits on the advance of these loans. Two companies doing business in Colorado stopped operating in 2010 after the state office that regulates Colorado’s UCCC determined that the state law applies to their businesses. After the two companies filed suit to overturn the regulatory opinion, the state attorney general’s office countersued. The companies were accused of unlicensed lending and charging “exorbitant” interest rates to plaintiffs.

In conclusion, the Colorado Supreme Court wrote: “We hold that litigation finance companies that agree to advance money to tort plaintiffs in exchange for future litigation proceeds are making ‘loans’ subject to Colorado’s UCCC even if the plaintiffs do not have an obligation to repay any deficiency if the litigation proceeds are ultimately less than the amount due. These transactions create a debt or an obligation to repay that grows with the passage of time. We agree with the court of appeals that these transactions are ‘loans’
under the code…”

Attempts to regulate the practice have been unsuccessful in Indiana. Hoosier proponents of the practice have indicated that subjecting finance companies to the UCCC in Indiana or subjecting them to an interest rate of less than 45% will put them out of business, so there has not been language that could bring about a compromise. The Indiana House of Representatives has passed a bill for several years that the Chamber has supported. However, the Senate has sided with the lenders and stifled the Chamber’s attempts to forward our position.

Still, the Colorado Supreme Court decision might be a game-changer in Indiana. It would not be surprising to see legislation introduced that will mirror what happened in Colorado. Last session, a similar measure was inserted as an amendment into a bill that came over from the House. The language was removed on the Senate floor before a vote was taken. Legislation this session that would be tied to Indiana’s UCCC should be assigned to the House Financial Institutions Committee, where it will find support.

Likewise, any bill tied to the UCCC should be sent to the Senate Insurance and Financial Institutions, chaired by Sen. Travis Holdman (R-Markle), where it would most likely find support. However, the issue historically has not been tied to the UCCC and has been assigned to the Civil Law Committee, where Sen. Joe Zakas (R-Granger) is chair. Senator Zakas has not been supportive of the Chamber’s lawsuit lending position.

The Chamber anticipates further debate on this issue as the new legislative session unfolds.

New and Improved Legislative Directory App a Hot Commodity for Government Affairs Teams


Want to have up-to-date information about the Indiana legislature, but you don’t want to carry a book around with you? How about using the smartphone or tablet you’re already working on?

The Legislative Directory app, developed by Indiana-based Bluebridge, is more than an electronic version of the long standing Legislative Directory. Here are some of the app benefits:

  • Updated and ready to use on the first day of the legislative session
  • Real time updates to information throughout the session and beyond
  • Less expensive than the book, but contains the same information
  • Legislators’ contact info can be downloaded to your phone

You can order the app online now (order through the Indiana Chamber, not the app stores). The app is days away from being available, at which time you will receive download links for your mobile device. (We’re updating the app throughout December as information comes in from legislators.) Bulk app purchases are now available too; your company contact will receive all of the download links for distribution as needed.

Order online now at

VIDEO: Dustin Sapp is No Stranger to Start-Ups, Accolades

Dustin Sapp is now CEO of TinderBox. But he cut his entrepreneurial teeth while at Rose-Hulman, and built executive experience while at Vontoo. He’s now a leader in Central Indiana’s start-up scene, a mentor and devoted family man. See why he earned the Indiana Chamber’s first ever Indiana Vision 2025 Dynamic Leader of the Year Award.

VIDEO: Oklahoma Native Packnett More Than “OK” for Northeast Indiana

Mike Packnett of Parkview Health (Fort Wayne) was honored as the Indiana Chamber’s 2015 Business Leader of the Year on Nov. 4. Packnett not only leads a successful hospital system, but works to enhance economic development in northeast Indiana.

Indiana Chamber Unveils Our Top Six Legislative Priorities for 2016

statehouse picTransportation infrastructure funding, reverse credit transfer to the state’s accredited two-year colleges and expansion of the state’s civil rights law are among the Indiana Chamber of Commerce’s top priorities for the 2016 session.

These objectives were announced at the organization’s annual Central Indiana Legislative Preview in Indianapolis today.

The Indiana Chamber proposes an array of strategies to establish a sustainable funding stream for the state’s roads, highways and bridges. These include dedicating more of the state’s sales tax on fuel purchases to infrastructure, increasing and indexing fuel excise taxes and implementing fees on alternative fuel vehicles.

“Indiana benefited greatly from the Major Moves program that accelerated our timeline and funded $4 billion worth of projects over the last decade. But those dollars are spent or allocated. It’s time to move forward with the next generation of resources to drive our economy by moving people and products throughout our state and beyond,” says Indiana Chamber President and CEO Kevin Brinegar.

“Legislative action is needed in the coming session to address glaring needs and begin implementing long-term strategies to allow our state to live up to its ‘Crossroads of America’ designation.”

Brinegar concludes that the good news is that legislative leaders, the Governor and others are on the same page about the need; the challenge will be how to get there.

Higher education is also a focal point for the Indiana Chamber. One specific proposal the organization will be pushing for is a method to allow for more students to turn their existing college credits into a two-year degree. This would be accomplished by allowing specific credits earned at state-supported colleges and universities to be transferrable to Indiana’s accredited two-year schools, such as Ivy Tech and Vincennes. Credit is already generally transferrable from the two-year schools to their four-year counterparts.

“This would give students more opportunity for post-secondary attainment and then obviously help with employment,” Brinegar offers. “Specifically, it would help fill the gap for those individuals who first went to a four-year school but for whatever reason couldn’t continue. This would be a viable path for them to turn their efforts into a two-year degree and become more attractive to employers.”

Earlier this month, the Indiana Chamber announced its support for expanding the state’s civil rights law to include protection for sexual orientation and gender identity, with Brinegar noting:

“The time has come for Indiana to expand protections against potential discrimination. This action will increase the state’s future business competitiveness in the recruitment, attraction and retention of talent, as well as enhance respect for all employers and employees. We encourage our state leaders to work together to take this next critical step.”

Another initiative the organization will again pursue is a work sharing program, which will allow employers to maintain a skilled stable workforce during temporary downturns and enable employees to keep their jobs but with reduced hours and salary (which is partially offset by unemployment insurance). This program has enjoyed support on both sides of the aisle the last few years, but has yet to cross the finish line.

“There is no negative impact on the state’s unemployment insurance fund. Instead of paying full benefits to a smaller group of recipients, a larger group of employees will receive limited benefits – but most importantly remain on the job,” Brinegar explains. “There is no reason not to enact a work share program to help meet future employee and employer needs. They deserve that option.”

The other two legislative priorities for the Indiana Chamber are maintaining a fair and equitable system for the state’s commercial property assessment and appeal procedures (in the face of recent “big box” retail stores’ appeals and reaction to that); and expanding publicly-funded preschool from the pilot program to statewide so more children are prepared to enter kindergarten.

A complete rundown of the Indiana Chamber’s 2016 key legislative initiatives (top priorities and additional areas of focus) is available at

Also at the legislative preview event, four state legislators were honored as Indiana Chamber Small Business Champions “for their hard work and dedication to improving Indiana’s small business climate.” This award is based on voting and advocacy during the 2015 legislative session.

The 2015 Small Business Champions are: Sen. Rodric Bray from Martinsville, District #37; Sen. Carlin Yoder from Middlebury, District #12; Rep. David Ober from Albion, District #82; and Rep. John Price from Greenwood, District #47.

Recap of the Indiana Chamber’s Top 6 legislative priorities:

  • Support an array of strategies to establish a sustainable funding stream for the state’s roads, highways and bridges
  • Support specific credit transfer from Indiana’s four-year, state-supported institutions to the state’s accredited two-year colleges
  • Support expanding the state’s civil rights law to include protection for sexual orientation and gender identity
  • Support a work sharing program that will allow employers to maintain a skilled stable workforce during temporary downturns
  • Support maintaining a fair and equitable system for the state’s commercial property assessment and appeal procedures
  • Support the development of publicly-funded preschool initiatives statewide

Why Is Pumpkin Spice Twice as Nice?

Autumn still life

It’s round. It’s orange. And it’s grown into a fall phenomenon that’s bringing in big bucks for a variety of businesses.

Behold the mighty pumpkin.

Pumpkin-inspired treats are everywhere. Even – gulp – in bacon. Perusing this list of 18 Must-Have Products for People Who Love Pumpkin Spice, I laughed. I cringed. And when I saw the pumpkin spice latte doughnut (courtesy of Krispy Kreme), I resisted temptation.

Why? Because too much of a good thing is … too much. With all due respect: Hold the pumpkin, people!

FaegreBD Consulting Provides Washington-Indiana Connection

FBDLogo_DarkBlue_RGBA recent BizVoice profile on former U.S. congresswoman Mary Bono (Nov/Dec issue) includes an update on the work she is doing today for FaegreBD Consulting. And there is a distinct Indiana tie.

FaegreBD, with approximately 50 professionals, is a Washington, D.C. division of the Faegre Baker Daniels law firm, which started in Indianapolis in 1863. Today, the legal portion offers services internationally across 14 offices.

Among FaegreBD’s areas of focus: health care and life sciences, energy and environment, financial services (primarily insurance related) and the public sector (government and academic institutions, for example).

Two emerging areas for the consulting practice include food and agriculture and what the group calls “tech plus”, which is cyber security, privacy and other technology policy matters.

Bono has been involved in the “tech plus” arena and also is the lead on the prescription drug abuse issue.

The national Collaborative for Effective Prescription Opioid Policies (CEPOP) “is a great example of Mary’s ability to bring different qualities to the client service and to the organization,” says David Zook, managing partner of Faegre Baker Daniels’ D.C. office and chair of FaegreBD Consulting.

“That’s a large national coalition with about three dozen participants from all across the sector – manufacturers, distributors, prescribers and patients – behind policy priorities, and then teamed with expertise both at the firm and at those organizations as well.” Indiana-based AIT Labs is among the CEPOP participants.

All of these consulting sectors are aligned with the firm’s legal practices, yet are distinguished from them and deliver different but complimentary services, Zook notes.

He also stresses the group’s commitment to Indiana plus a “real depth” on the complex issues.

“These tend to be highly regulated industries that have a lot of interaction with D.C. … or a lot of policy at the federal level. So it’s that combination (along with knowing Indiana) that sets us apart.”

Tax Issues Aired by Interim Committee

The Interim Committee on Fiscal Policy, chaired by Sen. Brandt Hershman (R-Buck Creek), met three times in October and took testimony on several important issues.

At the first meeting, the group discussed the pros and cons of granting counties the general authority to adopt a food and beverage tax. Representatives for restaurateurs spoke against; county officials argued in favor of the measure. Following that debate was over four hours of testimony regarding property tax assessment procedures and appeals under Indiana’s market value in use standard – a continuation of the “big-box” issue that was addressed last session. The issue is being revisited as county officials think more needs to be done. Commissioner Jonathan Elrod of the Indiana Board of Tax Review presented a lengthy legal analysis; his memo and a flow chart of the process created under last session’s legislation (SB 436) are part of the collection of documents (Oct. 7 meeting) incorporated into the committee’s proposed final report (Oct. 21 meeting).

But in keeping with traditional practice, this committee is not making any recommendations for future legislation. The draft report simply references the volume of data, memos and other evidence brought before the committee during the course of its meetings. The committee has typically served as a forum to air the issues and collect information. Rarely is there any level of consensus on how difficult tax matters should be resolved; yet the information and discussions do often provide the impetus for various proposals in the next session. This will no doubt be the case as to the assessment issues and other matters considered by the committee.

In the following two meetings, the committee studied many substantial tax issues. It pondered the idea of permanently authorizing schools to pay for several operating expenses such as insurance, utilities and maintenance service with property tax revenues. Generally speaking, property taxes may only fund capital projects and debt service (since the state pays for general operating expenses via the school funding formula). But leeway to pay for these other items with property taxes has been granted on a temporary basis in the last several state budgets.

Purdue professor Larry DeBoer presented a cost-benefit analysis evidencing the ratio of tax pay to benefit received by different categories of taxpayers. No surprise to businesses, the ratio is not good. The committee also looked at farmland assessments (another almost perennial issue). Finally, the group received annual reports from the Legislative Services Agency’s fiscal analysts and economists evaluating existing tax incentives. These reports are always full of hard data on the utilization of numerous credits and deductions. These discussions included consideration of Tax Increment Financing (TIF) districts, the Earned Income Credit (EIC) and the Economic Development for a Growing Economy (EDGE) credits.

The committee’s draft report, and everything that was presented in each of the three meetings, is available for downloading, and archived video of the meetings is available at the at the General Assembly web site.

Chamber Board Votes to Support Expansion of State’s Civil Rights Law

?????????????????????????????????????????The Indiana Chamber of Commerce Board of Directors voted overwhelmingly at its annual fall meeting Wednesday to support expanding the state’s civil rights law to include protection for sexual orientation and gender identity.

The Indiana Chamber Board of Directors is comprised of more than 100 top business executives and civic leaders from throughout the state.

“We believe this expansion is a necessary action for the General Assembly to take,” says Indiana Chamber President and CEO Kevin Brinegar. “After the negative perception of our state generated by the Religious Freedom Restoration Act in the spring, we need to get this right in order to secure the reputation of Indiana as a hospitable and welcoming place.

“The time has come for Indiana to expand protections against potential discrimination. This action will increase the state’s future business competitiveness in the recruitment, attraction and retention of talent, as well as enhance respect for all employers and employees. We encourage our state leaders to work together to take this next critical step.”

The Indiana Chamber’s annual fall board meeting is where the organization’s public policy positions (formed by members serving on various policy committees) for the upcoming sessions of the General Assembly and Congress are discussed and acted upon.

Remarks on Indiana’s Scores on ‘National Report Card’ for Student Achievement

Indiana Chamber of Commerce President and CEO Kevin Brinegar reacts to the latest National Assessment of Educational Progress (NAEP) scoring or “national report card” on student achievement:

“Hoosier students are outpacing the national average and, in fact, Indiana is widening its advantage over other states. This is welcome news and is an important metric. We commend our teachers and school administrators for their important role in helping our students reach these higher levels of achievement.

“Our new ISTEP scores are lower due to the implementation of more rigorous, but important, college and career readiness standards, which will better prepare students for post-secondary education and ultimately create a much stronger workforce.

“But in the big picture, these NAEP scores reinforce that our students are achieving at a higher overall level than many of their counterparts. We expect that to accelerate going forward with the enhanced college and career ready standards in place.”

In mathematics, Indiana fourth graders averaged a score of 248 with a national average of 240 points. Hoosier eight graders in mathematics averaged a score of 287 with a national average of 281 points. Similarly in reading, Indiana fourth graders averaged a score of 227, higher than a national average of 221 points and eighth grade students averaged a score of 268 with a national average of 264 points.