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.
Sponsored bills
Amends the definition of "emergency medical services provider" for the offense of battery to include a staff member in the emergency department of a hospital. Specifies that the enhancement for battery committed on a public safety official does not apply if the person who commits the offense is detained or committed under the involuntary commitment statute. Provides that the employee of a court or law enforcement agency who warns the subject of a warrant of the existence of the warrant with the intent to interfere with the execution of the warrant commits obstruction of justice. Adds "fondling" to the crime of sexual misconduct with a service provider.
Establishes the Indiana cyber civilian corps program advisory board (board). Provides for the membership of the board. Requires the adjutant general to provide staff support for the board. Requires the board to provide findings and recommendations concerning the establishment of an Indiana cyber civilian corps program to the legislative council.
Requires a public utility company that owns or operates a wind power device after a change in ownership of the wind power device to report, when filing its first statement of value and description of property with the department of local government finance (department), the valuation of the device at the same valuation amount that the previous owner reported on the previous owner's last annual report before the change in ownership if the valuation amount that the acquiring public utility company would otherwise enter on its first report is lower than the valuation amount at which the previous owner valued the wind power device before the change in ownership. Requires the new owner, for years subsequent to the first year after the change in ownership, to calculate and report the valuation of the wind power device in accordance with: (1) the statute concerning the taxation of public utility companies; and (2) rules prescribed by the department. Provides that for any year subsequent to the first year after the change in ownership of a wind power device, the department, in determining the just value of the property, shall not consider valuations determined by another governmental agency. Provides that these requirements do not apply to a public utility company that owns or operates one or more wind power devices and that has signed or countersigned an economic development agreement, or another financial agreement, that is entered into: (1) with the county in which the public utility company's wind power devices are located; and (2) for the purpose of repowering, or upgrading the technology used in, the wind power devices; before a sale or transfer of the wind power devices. Requires the department to make necessary conforming changes to the annual report form. Requires the Indiana utility regulatory commission to include a provision in an order declining to exercise jurisdiction over a public utility company that: (1) owns or operates one or more wind power devices; or (2) plans to own or operate one or more wind power devices; requiring the public utility to notify the department of any change in ownership of the wind power devices. Requires that before November 1, 2024, and before November 1, 2025, the department shall prepare, submit in an electronic format, and present a report on: (1) the valuation of wind power devices; and (2) the department's progress in implementing the bill's provisions; to the interim study committee on energy, utilities, and telecommunications. Amends the Indiana Code provision that sets forth how the department is to determine the just value of the property of a public utility company to provide an exception from the specified procedures with respect to the determination of the just value of wind power devices.
Amends the chapter in the Indiana Code concerning electric transmission facilities as follows: (1) Specifies that the term "electric transmission facility" does not include a line installed solely for the purpose of connecting an electric generation facility to facilities owned by a public utility. (2) Repeals the definition of "local reliability electric transmission facility" and makes conforming changes. (3) Amends the provisions concerning an incumbent electric transmission owner's right of first refusal to construct, own, operate, and maintain certain electric transmission facilities, or upgrades to certain electric transmission facilities, as follows: (A) Specifies that the right of first refusal applies with respect to: (ii) the construction; or (ii) upgrades; of electric transmission facilities if the construction or upgrades have been approved through a regional transmission organization (RTO) planning process. (B) Provides that if an electric transmission facility has been approved for construction through an RTO planning process: (i) each incumbent electric transmission owner that has a right to construct, own, operate, and maintain the electric transmission facility shall give written notice to the Indiana Utility Regulatory Commission (IURC), not later than 90 days after the construction is approved, regarding the incumbent electric transmission owner's intent to construct, own, operate, and maintain the approved electric transmission facility; and (ii) if an incumbent electric transmission owner gives notice of intent not to construct the approved electric transmission facility, another entity may seek to construct the approved electric transmission facility in accordance with the RTO planning process and the bill's provisions. (C) Provides that if an incumbent electric transmission owner gives to the IURC during a calendar year notice of its intent to construct, own, operate, and maintain an approved electric transmission facility, the incumbent electric transmission owner shall, not later than May 1 of the subsequent calendar year, provide the IURC with certain specified information. (D) Provides that an incumbent electric transmission owner that exercises its right to construct an approved electric transmission facility must, to the extent commercially practicable, use competitively bid engineering, procurement, or construction contracts that meet the specifications required by the incumbent electric transmission owner with respect to the facility.
Provides that a committee, board, commission, or task force (committee) created by the general assembly after June 30, 2023, expires if the committee does not meet within two years after the effective date of the statute creating the committee. Provides that the statutes creating the following compacts expire July 1, 2025: (1) The Interstate Jobs Protection Compact. (2) The Interstate High Speed Intercity Rail Passenger Network Compact. (3) The Interstate Compact on Community Corrections Transfers. Requires the governor to give notice to each state, if any, that is a party to each compact that the state of Indiana is withdrawing from the compact. Requires the governor to certify before January 1, 2024, with respect to each compact, that notice either: (1) has been given regarding Indiana's withdrawal from the compact; or (2) was not required to be given because there are no other party states to which to give notice.
Establishes a new article in the Indiana Code concerning consumer data protection, to take effect January 1, 2026. Sets forth the following within the new article: (1) Definitions of various terms that apply throughout the article. (2) Exemptions from the bill's requirements concerning the responsibilities of controllers of consumers' personal data. (3) The rights of an Indiana consumer to do the following: (A) Confirm whether or not a controller is processing the consumer's personal data. (B) Correct inaccuracies in the consumer's personal data that the consumer previously provided to a controller. (C) Delete the consumer's personal data held by a controller. (D) Obtain a copy or representative summary of the consumer's personal data that the consumer previously provided to the controller. (E) Opt out of the processing of the consumer's personal data for certain purposes. (4) The responsibilities of controllers of consumers' personal data. (5) The roles of controllers and processors with respect to a consumer's personal data. (6) Requirements for data protection impact assessments by controllers of consumers' personal data. (7) Requirements for processing de-identified data or pseudonymous data. (8) Limitations as to the scope of the new article. (9) The authority of the attorney general to investigate and enforce suspected or actual violations of the new article. (10) The preemption of local rules, regulations, and laws regarding the processing of personal data. Allows the attorney general to publish certain resources on the attorney general's website.
Prohibits the Indiana public retirement system from investing in certain restricted entities or restricted investment products, including particular investments publicly confirmed to be controlled by the People's Republic of China or the Chinese Communist Party. Specifies exceptions, a divestment schedule, and reporting requirements. Adds a provision urging the legislative council to assign to the interim study committee on pension management oversight the topic of studying whether to cease or defer divestment or resume investment in an entity or product in accordance with the provisions regarding divestment from Chinese companies.
Allows a utility company that: (1) provides both water and wastewater service; and (2) has acquired wastewater utility property; to request, in the context of a petition by the utility company to the Indiana utility regulatory commission (IURC) for preapproval of a plan for proposed service enhancement improvements to the utility company's wastewater utility property, authorization from the IURC to allocate a portion of the eligible costs of the utility company's wastewater utility property to the utility company's water customers. Provides that if the petition includes such a request for an allocation of costs, the utility company shall provide a copy of: (1) the petition; and (2) the utility company's case in chief; to each intervenor in the utility company's last general rate case. Provides that the IURC may approve the request if the IURC finds that: (1) because of reasonable and necessary improvements that are proposed for the wastewater utility property, the resulting rates charged to wastewater customers would reach levels necessitating the provision of financial assistance to those customers; (2) the total rates charged by the utility company for water service will not increase unreasonably as a result of the allocation; (3) the utility company has included information in its proposal regarding the availability of grants or low interest loans and whether the utility company considered using grants or low interest loans to help finance or reduce the cost of the service enhancement improvements; and (4) the utility company has developed an asset management program. Provides that an increase in the total rates charged for water service by the utility company as a result of the allocation is not unreasonable to the extent the allocation results in an increase in authorized total revenues of 2% or less. Provides that if the IURC approves a utility company's request for an allocation of costs, the utility company shall include a notice on or with water customer monthly bills specifying the amount of the service enhancement improvement adjustment rider approved by the commission that recovers necessary wastewater utility improvements.
Amends the statute prohibiting the use of public funds to purchase equipment or services produced or provided by certain prohibited persons determined to be a national security threat to communications networks or supply chains to also prohibit the use of public funds to purchase communications equipment or service that is: (1) determined under specified federal regulations to pose an unacceptable risk to the national security of the United States or the security and safety of United States persons; and (2) included on the covered list published, maintained, and updated by the federal Public Safety and Homeland Security Bureau on the website of the Federal Communications Commission. Provides that the governor may, at any time, and in consultation with the executive director of the department of homeland security, designate a country as a threat to certain critical infrastructure located in Indiana. Provides that after June 30, 2023, a specified qualified entity may not enter into an agreement relating to critical infrastructure with a company if: (1) under the agreement, the company would be able to directly or remotely access or control of a critical infrastructure or a cybersecurity system of a critical infrastructure; and (2) the company is: (A) owned or controlled by citizens of (or a company or entity owned or controlled by citizens or the government of) China, Iran, North Korea, Russia, or a country designated as a threat to critical infrastructure by the governor; or (B) headquartered in China, Iran, North Korea, Russia, or a country designated as a threat to critical infrastructure by the governor. Provides that after June 30, 2023, a prohibited person may not purchase, lease, or acquire a parcel of real property that is directly adjacent to a military installation. Provides that the attorney general may investigate the purchase, lease, or acquisition of real property upon receipt of a complaint. Provides that the attorney general shall enforce a violation by commencing a receivership proceeding and selling the property through the receivership.