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Title II — Treatment of Income-Share Agreements Under State Law

H.R. 1810 · 116th Congress · Mar 18, 2019 · Lineage

II Treatment of Income-Share Agreements Under State Law

Sec. 201 Lawfulness of contracts; preemption of State law

Any income-share agreement that complies with the requirements of section 102 shall be a valid, binding, and enforceable contract notwithstanding any State law limiting or otherwise regulating assignments of future wages or other income.

Sec. 202 Preemption of State law with respect to usury

A Qualified ISA shall not be subject to State law with respect to usury, unless such State law was issued after the date of the enactment of this Act and such State law expressly states that it is intended to apply to income-share agreements.

Sec. 203 Preemption of pre-existing State laws with respect to ability-to-repay and licensing laws

A Qualified ISA shall not be subject to a State law with respect to “ability-to-repay” requirements, and an ISA funder issuing a Qualified ISA shall not be subject to any State law with respect to licensing or registration, unless such State law was issued after the date of the enactment of this Act and such State law expressly states that it is intended to apply to income-share agreements.