ASSEMBLY ACTION Initial and Date |SENATE ACTION Initial and Date
Adopted Lost | Adopted Lost
Concurred In Not |Concurred In Not
Receded Not | Receded Not
Amend section 1, page 1, by deleting lines 3 through 10 and inserting:
“1. An agreement to transfer the right to receive payments pursuant to a structured settlement to a transferee is valid and enforceable only if approved by a district court. The transferee must petition the district court for such approval and the court shall approve the transfer if it determines that:
(a) The transfer is in the best interest of the payee, considering the totality of the circumstances, including, without limitation, the welfare and support of the dependents of the payee;
(b) The payee has been advised in writing by the transferee to seek independent professional advice regarding the transfer and has received such independent professional advice or has knowingly waived such advice in writing; and
(c) The transfer does not violate any applicable law or the order of any court.”.
Amend section 1, page 2, line 5, by deleting:
“person receiving payments” and inserting “payee”.
Amend section 1, page 2, by deleting lines 7 through 13 and inserting:
“3. Not later than 7 days before a hearing on a petition pursuant to subsection 1, the transferee must file with the district court and serve on all interested parties and any attorney who represented the payee in the action which resulted in the settled claim a notice of the proposed agreement and the petition for authorization of the proposed agreement. The notice must include, without limitation:
(a) A copy of the petition of the transferee;
(b) A copy of the proposed agreement;
(c) A copy of the disclosure required pursuant to subsection 4;
(d) A list which includes the name and age of each dependent of the payee;
(e) A statement that any interested party may support, oppose or otherwise respond to the petition of the transferee by appearing in person or by counsel during the hearing on the petition or by submitting written comments to the court; and
(f) Notice of the time and place of the hearing, the manner in which a written response to the application must be filed and the date by which a written response to the petition must be filed for consideration by the court.”.
Amend section 1, page 2, by deleting lines 14 through 17 and inserting:
“4. A transferee who commences an action pursuant to subsection 1 must provide to the court with the proposed agreement a disclosure setting forth:”.
Amend section 1, page 2, by deleting lines 22 through 31, and inserting:
“(c) The amount to be paid to the payee for the transfer before deducting any expenses;
(d) An itemized list of all expenses that the payee will be required to pay other than attorney’s fees and which will be deducted from the amount paid to the payee for the transfer, including, without limitation, any commission owed to a broker, service charges, application or processing fees, costs of closing on the agreement, filing or administrative charges and fees paid to a notary public;
(e) The amount to be paid to the payee for the transfer after deducting the expenses;
(f) The amount of any liquidated damages which the payee is required to pay if he breaches the transfer agreement;”.
Amend section 1, page 2, line 32, by deleting “(e)” and inserting “(g)”.
Amend section 1, page 2, by deleting lines 35 through 37, and inserting:
“(h) A statement which informs the payee that such a transfer may subject him to adverse”.
Amend section 1, page 2, between lines 40 and 41, by inserting:
“6. As used in this section:
(a) “Annuity issuer” means an insurer who has issued a contract to fund periodic payments under a structured settlement.
(b) “Dependents” include, without limitation, the spouse of a payee, any minor child of a payee and any other person for whom the payee is legally obligated to provide support, including, without limitation, alimony;
(c) “Independent professional advice” means advice of an attorney, certified public accountant, actuary or other licensed professional adviser;
(d) “Interested parties” means the payee, any beneficiary irrevocably designated under the annuity contract to receive payments following the death of the payee, the annuity issuer, any person who is obligated to make payments pursuant to the structured settlement and any other party who has continuing rights or obligations under the structured settlement;
(e) “Payee” means a person who is receiving tax-free payments under a structured settlement and proposes to make a transfer of the right to receive payments under that structured settlement;
(f) “Periodic payments” includes, without limitation, both recurring payments and scheduled future lump sum payments;
(g) “Settled claim” means the original tort claim or workers’ compensation claim resolved by a structured settlement.
(h) “Structured settlement” means an arrangement for periodic payment of damages for personal injuries or sickness established by settlement or judgment in resolution of a tort claim or for periodic payments in settlement of a workers’ compensation claim;
(i) “Transfer” means any sale, assignment, pledge, hypothecation or other alienation or encumbrance of the right to receive payments pursuant to a structured settlement; and
(j) “Transferee” means a party acquiring or proposing to acquire the right to payments pursuant to a structured settlement through a transfer.”.