SB 175 South Dakota Senate · 2025 Regular Session

create provisions governing litigation financing.

This bill establishes rules for litigation financing, which allows third-party companies to provide funds to individuals involved in legal disputes in exchange for a share of any future settlement or judgment. The legislation directly affects plaintiffs seeking legal representation, attorneys, and financing companies operating within South Dakota. Key provisions would define what constitutes litigation financing, set disclosure requirements for financing agreements, and outline standards for how these funds can be used during the legal process. The bill aims to create a structured framework that ensures transparency and fairness in the use of third-party funding for legal cases.
Bill status passed 3 of 5 stages cleared
Introduction
Feb 2025
Committee Review
Mar 2025
Senate Passage
Feb 2025
House Failed
Mar 2025
Governor
Introduced Feb 21, 2025 Last action Mar 5, 2025
Maddy AI version diff · 3 comparisons

What changed between versions

Senate Engrossed House Judiciary Engrossed · 4 edits · Mar 3, 2025
MODERATE
This bill introduces new legislation governing litigation financing in South Dakota by creating a new section in Title 54. It establishes definitions for key terms like 'litigation financer' and 'litigation financing,' requires entities to be licensed as money lenders, and mandates that entities be in good standing and explicitly authorized for litigation finance in their governing documents.
Scope change
The bill expands the scope by creating a new regulatory framework for litigation financing, which previously did not exist in South Dakota law.
DEFINITION

Added comprehensive definitions for 'consumer,' 'division,' 'entity,' 'foreign country of concern,' 'foreign entity of concern,' 'legal representative,' 'litigation financer,' 'litigation financing,' 'litigation financing contract,' and 'regulated lender' to establish clear regulatory boundaries.

ELIGIBILITY

Added requirement that persons engaging in litigation financing must be licensed as money lenders under chapter 54-4.

REQUIREMENT

Added requirements that entities seeking to conduct business as litigation financiers must be active and in good standing with the Secretary of State and must explicitly authorize litigation finance in their governing documents.

SCOPE

Added provisions that exclude state and federally chartered banks and credit unions from the definition of litigation financer, creating an exemption for traditional financial institutions.

Floor votes · Senate Feb 20, 2025 · House Mar 5, 2025

How they voted

350
Passed
Total votes 35
Feb 20, 2025
D Democratic3
3 Yea
100% Yea
R Republican32
32 Yea
100% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
16
Key actions
6
Committee
5
Amendments
3
Mar 5, 2025
Lower · Passed
House of Representatives Do Pass Amended , Passed, YEAS 30, NAYS 40 H.J. 463
lower
Mar 5, 2025
Vote failed
House Vote: fail (30-39)
house
Mar 3, 2025
Lower · Passed
Judiciary Do Pass Amended , Passed, YEAS 8, NAYS 4
lower
Mar 3, 2025
Introduced
Judiciary Motion to amend , Passed, Amendment 175D
lower
Feb 21, 2025
Introduced
First read in House and referred to H.J. 360
lower
Feb 20, 2025
Upper · Passed
Senate Do Pass Amended , Passed, YEAS 35, NAYS 0 S.J. 324
upper
Feb 20, 2025
Introduced
Senate Motion to amend , Passed, S.J. 323 Amendment 175C
upper
Feb 20, 2025
Senate · Passed
Senate Vote: pass (35-0)
senate
Feb 19, 2025
Upper · Passed
Senate Deferred to another day , Passed, S.J. 296
upper
Feb 12, 2025
Upper · Passed
Judiciary Do Pass Amended , Passed, YEAS 7, NAYS 0
upper
Feb 12, 2025
Introduced
Judiciary Motion to amend , Passed, Amendment 175B
upper
Feb 3, 2025
Committee
Referred to S.J. 152
upper
2 primary · 0 co-sponsors

Sponsors