SB 371 Indiana Senate · 2022 Regular Session

Replacement of the London Interbank Offered Rate.

Summary
Adds provisions to the title in the Indiana Code concerning financial institutions to provide for the replacement, by operation of law, of the United States Dollar LIBOR as the benchmark index for any contract, security, or instrument, with a recommended benchmark replacement that is based on the secured overnight financing rate (SOFR). Sets forth certain events that serve to trigger the replacement of LIBOR with the recommended benchmark replacement. Specifies that such replacement by operation of law applies with respect to a contract, security, or instrument that either: (1) contains no fallback provisions setting forth a methodology or procedure for determining a benchmark replacement; or (2) contains fallback provisions that result in a benchmark replacement that: (A) is not a recommended benchmark replacement; and (B) is based in any way on any LIBOR value. Provides that if a recommended benchmark replacement becomes the benchmark replacement for any contract, security, or instrument, any applicable benchmark replacement conforming changes become an integral part of the contract, security, or instrument by operation of law. Provides that the bill's provisions do not alter or impair contracts, securities, or instruments that contain certain provisions. Provides that the selection or use of a recommended benchmark replacement as a benchmark replacement for a contract, security, or instrument: (1) constitutes a commercially reasonable replacement for and a commercially substantial equivalent to LIBOR; and (2) does not: (A) impair or affect certain rights and performance obligations under; (B) constitute a breach of; or (C) void or nullify; the contract, security, or instrument. Provides that a person is not liable for damages, and is not subject to any claim for equitable relief, in connection with: (1) the selection or use of a recommended benchmark replacement; or (2) the determination, implementation, or performance of benchmark replacement conforming changes; with respect to any contract, security, or instrument. Makes a cross reference to this immunity provision in the chapter of the Indiana Code that lists statutes outside of Title 34 of the Indiana Code that confer civil immunity.
Bill status signed all 5 stages cleared
Introduction
Jan 2022
Committee Review
Feb 2022
Senate Passage
Jan 2022
House Passage
Feb 2022
Signed into Law
Mar 2022
Introduced Jan 11, 2022 Signed Mar 10, 2022
Floor votes · House Feb 14, 2022

How they voted

This bill passed the Senate by voice vote (no roll call recorded).
Full legislative history

Actions timeline

Total actions
26
Key actions
5
Committee
3
Amendments
1
Mar 10, 2022
Signed into law
Signed by the Governor
executive
Feb 15, 2022
Introduced
Returned to the Senate without amendments
lower
Feb 14, 2022
Lower · Passed
Third reading: passed; Roll Call 178: yeas 95, nays 0
lower
Feb 8, 2022
Lower · Passed
Committee report: do pass, adopted
lower
Jan 26, 2022
Committee
Referred to the House
upper
Jan 25, 2022
Upper · Passed
Third reading: passed; Roll Call 83: yeas 46, nays 0
upper
Jan 20, 2022
Upper · Passed
Committee report: do pass, adopted
upper
3 primary · 8 co-sponsors

Sponsors