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CS/SB 1366: Uniform Commercial Code [CPSC]

GENERAL BILL by Banking and Insurance ; Wise

Uniform Commercial Code [CPSC]; Revises and provides provisions of the Uniform Commercial Code relating to electronic documents of title, warehouse receipts, bills of lading, and other documents of title to conform to the revised Article 7 of the Uniform Commercial Code as prepared by the National Conference of Commissioners on Uniform State Laws. Revises and provides application in relation of chapter to treaty, statute, tariff, classification, or regulation, etc.

Effective Date: 07/01/2010
Last Action: 4/29/2010 Senate - Read 3rd time -SJ 01056; Substituted CS/HB 731 -SJ 01056; Laid on Table, companion bill(s) passed, see CS/HB 731 (Ch. 2010-131) -SJ 01056
Bill Text: Web Page | PDF

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  • Bill History

    Date Chamber Action
    1/26/2010 Senate • Filed
    2/3/2010 Senate • Referred to Commerce; Banking and Insurance; Judiciary
    3/2/2010 Senate • Introduced, referred to Commerce; Banking and Insurance; Judiciary -SJ 00097
    3/5/2010 Senate • On Committee agenda-- Commerce, 03/10/10, 8:00 am, 401-S --Not considered
    3/12/2010 Senate • On Committee agenda-- Commerce, 03/17/10, 1:00 pm, 401-S
    3/17/2010 Senate • Favorable by Commerce; YEAS 10 NAYS 0 -SJ 00269
    3/18/2010 Senate • Now in Banking and Insurance -SJ 00269
    4/1/2010 Senate • On Committee agenda-- Banking and Insurance, 04/07/10, 10:15 am, 412-K
    4/7/2010 Senate • CS by Banking and Insurance; YEAS 9 NAYS 0 -SJ 00525; CS read 1st time on 04/08/10 -SJ 00541
    4/8/2010 Senate • Pending reference review under Rule 4.7(2) - (Committee Substitute)
    4/12/2010 Senate • Now in Judiciary -SJ 00525
    4/14/2010 Senate • On Committee agenda-- Judiciary, 04/19/10, 1:00 pm, 110-S
    4/19/2010 Senate • Favorable by- Judiciary; YEAS 8 NAYS 0 -SJ 00651
    4/20/2010 Senate • Placed on Calendar, on 2nd reading -SJ 00651
    4/28/2010 Senate • Placed on Special Order Calendar; Read 2nd time -SJ 00958, -SJ 00983
    4/29/2010 Senate • Read 3rd time -SJ 01056; Substituted CS/HB 731 -SJ 01056; Laid on Table, companion bill(s) passed, see CS/HB 731 (Ch. 2010-131) -SJ 01056

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  • CS/SB 1366, Committee Substitute 1 (Current Bill Version) Posted 4/8/2010 at 11:33 AM

    Bill Text:   Web Page | PDF
    Analyses:   Banking and Insurance (Post-Meeting) (pdf)
    Judiciary (Post-Meeting) (pdf)

    Related Bills (1)

    Bill Number Subject Filed By Relationship Last Action and Location
    H 731 (e2) Carroll Similar Last Action: 5/28/2010 Chapter No. 2010-131
    Location:

    Floor Amendments (2)

    Amendment Sponsor Filed Last Floor Action Format
    534308 - Amendment
    Wise 4/27/2010
    10:32 AM
    Senate: Withdrawn
    4/28/2010
    PDF
    718374 - Amendment
    Wise 4/28/2010
    11:46 AM
    Senate: Withdrawn
    4/28/2010
    PDF

    Committee Votes (1)

    Date Committee Result
    4/19/2010 1:00 PM Judiciary 8 Yeas - 0 Nays

    Citations - Statutes (71)

    Citation Catchline Location in Bill Location In Bill Help
    559.9232 Definitions; exclusion of rental-purchase agreements from certain regulations.
    668.50 Uniform Electronic Transaction Act.
    671.201 General definitions.
    671.304 Laws not repealed; precedence where code provisions in conflict with other laws; certain statutory remedies retained.
    672.103 Definitions and index of definitions.
    672.104 Definitions
    672.310 Open time for payment or running of credit; authority to ship under reservation.
    672.323 Form of bill of lading required in overseas shipment; "overseas."
    672.401 Passing of title; reservation for security; limited application of this section.
    672.503 Manner of seller's tender of delivery.
    672.505 Seller's shipment under reservation.
    672.506 Rights of financing agency.
    672.509 Risk of loss in the absence of breach.
    672.605 Waiver of buyer's objections by failure to particularize.
    672.705 Seller's stoppage of delivery in transit or otherwise.
    674.104 Definitions and index of definitions.
    674.2101 Security interest of collecting bank in items, accompanying documents, and proceeds.
    677.102 Definitions and index of definitions.
    677.103 Relation of chapter to treaty, statute, tariff, classification or regulation.
    677.104 Negotiable and nonnegotiable warehouse receipt, bill of lading or other document of title.
    677.105 Construction against negative implication.
    677.106
    677.201 Who may issue a warehouse receipt; storage under government bond.
    677.202 Form of warehouse receipt; essential terms; optional terms.
    677.203 Liability of nonreceipt or misdescription.
    677.204 Duty of care; contractual limitation of warehouseman's liability.
    677.205 Title under warehouse receipt defeated in certain cases.
    677.206 Termination of storage at warehouseman's option.
    677.207 Goods must be kept separate; fungible goods.
    677.208 Altered warehouse receipts.
    677.209 Lien of warehouseman.
    677.210 Enforcement of warehouseman's lien.
    677.301 Liability for nonreceipt or misdescription; "said to contain"; "shipper's load and count"; improper handling.
    677.302 Through bills of lading and similar documents.
    677.303 Diversion; reconsignment; change of instructions.
    677.304 Bills of lading in a set.
    677.305 Destination bills.
    677.307 Lien of carrier.
    677.308 Enforcement of carrier's lien.
    677.309 Duty of care; contractual limitation of carrier's liability.
    677.401 Irregularities in issue of receipt or bill or conduct of issuer.
    677.402 Duplicate receipt or bill; overissue.
    677.403 Obligation of warehouseman or carrier to deliver; excuse.
    677.404 No liability for good faith delivery pursuant to receipt or bill.
    677.501 Form of negotiation and requirements of "Due negotiation."
    677.502 Rights acquired by due negotiation.
    677.503 Document of title to goods defeated in certain cases.
    677.504 Rights acquired in the absence of due negotiation; effect of diversion; seller's stoppage of delivery.
    677.505 Indorser not a guarantor for other parties.
    677.506 Delivery without indorsement; right to compel indorsement.
    677.507 Warranties on negotiation or transfer of receipt or bill.
    677.508 Warranties of collecting bank as to documents.
    677.509 Receipt or bill; when adequate compliance with commercial contract.
    677.601 Lost and missing documents.
    677.602 Attachment of goods covered by a negotiable document.
    677.603 Conflicting claims; interpleader.
    678.1031 Rules for determining whether certain obligations and interests are securities or financial assets.
    679.1021 Definitions and index of definitions.
    679.2031 Attachment and enforceability of security interest; proceeds; supporting obligations; formal requisites.
    679.2071 Rights and duties of secured party having possession or control of collateral.
    679.2081 Additional duties of secured party having control of collateral.
    679.3011 Law governing perfection and priority of security interests.
    679.3101 When filing required to perfect security interest or agricultural lien; security interests and agricultural liens to which filing provisions do not apply.
    679.3121 Perfection of security interests in chattel paper, deposit accounts, documents, goods covered by documents, instruments, investment property, letter-of-credit rights, and money; perfection by permissive filing; temporary perfection without filing or transfer of possession.
    679.3131 When possession by or delivery to secured party perfects security interest without filing.
    679.3141 Perfection by control.
    679.3171 Interests that take priority over or take free of security interest or agricultural lien.
    679.338 Priority of security interest or agricultural lien perfected by filed financing statement providing certain incorrect information.
    680.1031 Definitions and index of definitions.
    680.514 Waiver of lessee's objections.
    680.526 Lessor's stoppage of delivery in transit or otherwise.

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  • SB 1366, Original Filed Version Posted 1/26/2010 at 10:19 AM

    Bill Text:   Web Page | PDF
    Analyses:   Commerce (Post-Meeting) (pdf)

    Committee Amendments (1)

    Amendment Sponsor Filed Last Committee Action Format
    876852 - Amendment
    Banking and Insurance
    (Fasano)
    4/6/2010
    8:41 AM
    Replaced by Committee Substitute
    4/7/2010
    PDF

    Committee Votes (2)

    Date Committee Result
    3/17/2010 1:00 PM Commerce 10 Yeas - 0 Nays
    4/7/2010 10:15 AM Banking and Insurance 9 Yeas - 0 Nays

    Citations - Statutes (69)

    Citation Catchline Location in Bill Location In Bill Help
    559.9232 Definitions; exclusion of rental-purchase agreements from certain regulations.
    671.201 General definitions.
    672.103 Definitions and index of definitions.
    672.104 Definitions
    672.310 Open time for payment or running of credit; authority to ship under reservation.
    672.323 Form of bill of lading required in overseas shipment; "overseas."
    672.401 Passing of title; reservation for security; limited application of this section.
    672.503 Manner of seller's tender of delivery.
    672.505 Seller's shipment under reservation.
    672.506 Rights of financing agency.
    672.509 Risk of loss in the absence of breach.
    672.605 Waiver of buyer's objections by failure to particularize.
    672.705 Seller's stoppage of delivery in transit or otherwise.
    674.104 Definitions and index of definitions.
    674.2101 Security interest of collecting bank in items, accompanying documents, and proceeds.
    677.102 Definitions and index of definitions.
    677.103 Relation of chapter to treaty, statute, tariff, classification or regulation.
    677.104 Negotiable and nonnegotiable warehouse receipt, bill of lading or other document of title.
    677.105 Construction against negative implication.
    677.106
    677.201 Who may issue a warehouse receipt; storage under government bond.
    677.202 Form of warehouse receipt; essential terms; optional terms.
    677.203 Liability of nonreceipt or misdescription.
    677.204 Duty of care; contractual limitation of warehouseman's liability.
    677.205 Title under warehouse receipt defeated in certain cases.
    677.206 Termination of storage at warehouseman's option.
    677.207 Goods must be kept separate; fungible goods.
    677.208 Altered warehouse receipts.
    677.209 Lien of warehouseman.
    677.210 Enforcement of warehouseman's lien.
    677.301 Liability for nonreceipt or misdescription; "said to contain"; "shipper's load and count"; improper handling.
    677.302 Through bills of lading and similar documents.
    677.303 Diversion; reconsignment; change of instructions.
    677.304 Bills of lading in a set.
    677.305 Destination bills.
    677.307 Lien of carrier.
    677.308 Enforcement of carrier's lien.
    677.309 Duty of care; contractual limitation of carrier's liability.
    677.401 Irregularities in issue of receipt or bill or conduct of issuer.
    677.402 Duplicate receipt or bill; overissue.
    677.403 Obligation of warehouseman or carrier to deliver; excuse.
    677.404 No liability for good faith delivery pursuant to receipt or bill.
    677.501 Form of negotiation and requirements of "Due negotiation."
    677.502 Rights acquired by due negotiation.
    677.503 Document of title to goods defeated in certain cases.
    677.504 Rights acquired in the absence of due negotiation; effect of diversion; seller's stoppage of delivery.
    677.505 Indorser not a guarantor for other parties.
    677.506 Delivery without indorsement; right to compel indorsement.
    677.507 Warranties on negotiation or transfer of receipt or bill.
    677.508 Warranties of collecting bank as to documents.
    677.509 Receipt or bill; when adequate compliance with commercial contract.
    677.601 Lost and missing documents.
    677.602 Attachment of goods covered by a negotiable document.
    677.603 Conflicting claims; interpleader.
    678.1031 Rules for determining whether certain obligations and interests are securities or financial assets.
    679.1021 Definitions and index of definitions.
    679.2031 Attachment and enforceability of security interest; proceeds; supporting obligations; formal requisites.
    679.2071 Rights and duties of secured party having possession or control of collateral.
    679.2081 Additional duties of secured party having control of collateral.
    679.3011 Law governing perfection and priority of security interests.
    679.3101 When filing required to perfect security interest or agricultural lien; security interests and agricultural liens to which filing provisions do not apply.
    679.3121 Perfection of security interests in chattel paper, deposit accounts, documents, goods covered by documents, instruments, investment property, letter-of-credit rights, and money; perfection by permissive filing; temporary perfection without filing or transfer of possession.
    679.3131 When possession by or delivery to secured party perfects security interest without filing.
    679.3141 Perfection by control.
    679.3171 Interests that take priority over or take free of security interest or agricultural lien.
    679.338 Priority of security interest or agricultural lien perfected by filed financing statement providing certain incorrect information.
    680.1031 Definitions and index of definitions.
    680.514 Waiver of lessee's objections.
    680.526 Lessor's stoppage of delivery in transit or otherwise.

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