SB 468 Indiana Senate · 2023 Regular Session

Uniform Commercial Code amendments.

Summary
Incorporates into Indiana's Uniform Commercial Code (UCC) the Amendments to the Uniform Commercial Code (2022) approved and recommended for enactment in all states by the Uniform Law Commission (ULC) to address emerging technologies. Makes conforming amendments to general provisions and definitions that apply throughout the UCC. Makes conforming amendments to chapters of the UCC governing the following: (1) Sales. (2) Leases. (3) Negotiable instruments. (4) Fund transfers. (5) Letters of credit. (6) Documents of title. (7) Investment securities. (8) Secured transactions. Repeals the chapter in the UCC governing controllable electronic records. Amends the definition of "money" for purposes of Indiana's Uniform Commercial Code (UCC) to specify that money: (1) is a medium of exchange that is not in an electronic form; and (2) does not include a central bank digital currency that is currently adopted, or that may be adopted, by the United States government, a foreign government, a foreign reserve, or a foreign sanctioned central bank. Establishes a new chapter in the UCC that: (1) governs controllable electronic records; and (2) incorporates the provisions of the ULC's amendments governing controllable electronic records. Provides that a "controllable electronic record" does not include an electronic record that is currently authorized or adopted by a domestic or foreign government and is not a medium of exchange that was recorded and transferable in a system that existed and operated for the medium of exchange before the medium of exchange was authorized or adopted by a government. Establishes a new chapter in the UCC that: (1) addresses the validity, enforceability, and perfection of certain commercial transactions, including secured transactions, entered into before the effective date of the amendments on July 1, 2023; and (2) establishes July 1, 2025, as an "adjustment date" on or after which certain transactions must conform to the requirements of the amendments to remain valid, enforceable, or perfected. Adds language to incorporate into Indiana's UCC the Amendments to Uniform Commercial Code Article 9 (2018), as approved by the American Law Institute and the National Conference of Commissioners of Uniform State Laws. Provides, through the incorporation of these amendments, that the provisions in the UCC providing that restrictions on the transfer of property pledged as collateral are ineffective do not apply in the case of a security interest in an ownership interest in a general partnership, limited partnership, or limited liability company.
Bill status signed all 5 stages cleared
Introduction
Jan 2023
Committee Review
Mar 2023
Senate Passage
Apr 2023
House Passage
May 2023
Signed into Law
May 2023
Introduced Jan 19, 2023 Signed May 4, 2023
Floor votes · Senate Feb 9, 2023

How they voted

461
Passed · 1 other
Total votes 48
Feb 9, 2023
D Democratic10
10 Yea
100% Yea
R Republican38
36 Yea 1 Nay 1
94% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
27
Key actions
11
Committee
2
Amendments
2
May 4, 2023
Signed into law
Signed by the Governor
executive
May 1, 2023
Lower · Passed
Signed by the Speaker
lower
Apr 28, 2023
Upper · Passed
Signed by the President of the Senate
upper
Apr 24, 2023
Upper · Passed
Signed by the President Pro Tempore
upper
Apr 20, 2023
Upper · Passed
Senate concurred in House amendments; Roll Call 464: yeas 46, nays 0
upper
Apr 4, 2023
Lower · Passed
Third reading: passed; Roll Call 361: yeas 95, nays 2
lower
Apr 3, 2023
Lower · Passed
Amendment #1 (Judy) prevailed; voice vote
lower
Mar 30, 2023
Lower · Passed
Committee report: amend do pass, adopted
lower
Feb 9, 2023
Upper · Passed
Third reading: passed; Roll Call 95: yeas 48, nays 1
upper
Feb 7, 2023
Upper · Passed
Amendment #1 (Young M) prevailed; voice vote
upper
Feb 2, 2023
Upper · Passed
Committee report: amend do pass, adopted
upper
4 primary · 8 co-sponsors

Sponsors