l9n/ Mississippi

2010 Regular Session

Senate Bill 2419

Uniform Commercial Code; revise to conform to model act (ULC).

Became law as Chapter 506, Laws of 2010, signed April 13, 2010, 92 days after it was filed.

What it does

The synopsis the Legislature published with the bill.

AN ACT TO CONFORM TO CERTAIN CHANGES TO THE MODEL ACT FOR THE UNIFORM COMMERCIAL CODE; TO AMEND SECTION 11-7-18, MISSISSIPPI CODE OF 1972, TO CONFORM THE LAW ON IMPLIED WARRANTIES, LIMITATIONS AND DISCLAIMERS TO THE NONUNIFORM CHOICE OF LAW PROVISIONS IN THE MISSISSIPPI ENACTMENT OF THE UNIFORM COMMERCIAL CODE; TO CREATE NEW SECTION 15-1-81, MISSISSIPPI CODE OF 1972, TO PROVIDE A SIX-YEAR STATUTE OF LIMITATIONS FOR NONNEGOTIABLE PROMISSORY NOTES; TO CREATE NEW SECTION 75-1-101, MISSISSIPPI CODE OF 1972, TO ENACT SHORT TITLES FOR THE UNIFORM COMMERCIAL CODE AND FOR ARTICLE 1; TO CREATE NEW SECTION 75-1-102, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE SCOPE OF THE GENERAL PROVISIONS OF ARTICLE 1; TO CREATE NEW SECTION 75-1-103, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR UNIFORM CONSTRUCTION OF THE UNIFORM COMMERCIAL CODE; TO CREATE NEW SECTION 75-1-104, MISSISSIPPI CODE OF 1972, TO PROHIBIT IMPLIED REPEAL; TO CREATE NEW SECTION 75-1-105, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR SEVERABILITY; TO CREATE NEW SECTION 75-1-106, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR GRAMMATICAL CONSTRUCTION OF PERSONAL AND POSSESSIVE PRONOUNS AS TO GENDER; TO CREATE NEW SECTION 75-1-107, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT SECTION CAPTIONS ARE PART OF THE ACT; TO CREATE NEW SECTION 75-1-108, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE RELATIONSHIP BETWEEN THE ACT AND THE ELECTRONIC SIGNATURES ACT; TO CREATE NEW SECTION 75-1-201, MISSISSIPPI CODE OF 1972, TO ENACT GENERAL DEFINITIONS; TO CREATE NEW SECTION 75-1-202, MISSISSIPPI CODE OF 1972, TO SPECIFY WHEN BOTH NOTICE AND KNOWLEDGE OCCUR; TO CREATE NEW SECTION 75-1-203, MISSISSIPPI CODE OF 1972, TO DISTINGUISH A LEASE FROM A SECURITY INTEREST; TO CREATE NEW SECTION 75-1-204, MISSISSIPPI CODE OF 1972, TO SPECIFY WHEN A PERSON HAS GIVEN VALUE; TO CREATE NEW SECTION 75-1-205, MISSISSIPPI CODE OF 1972, TO DEFINE REASONABLE TIME AND SEASONABLENESS; TO CREATE NEW SECTION 75-1-206, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR PRESUMPTIONS OF FACT; TO CREATE NEW SECTION 75-1-301, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR CHOICE OF LAW; TO CREATE NEW SECTION 75-1-302, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR VARIATION BY AGREEMENT; TO CREATE NEW SECTION 75-1-303, MISSISSIPPI CODE OF 1972, TO DEFINE COURSE OF PERFORMANCE, COURSE OF DEALING, AND USAGE OF TRADE; TO CREATE NEW SECTION 75-1-304, MISSISSIPPI CODE OF 1972, TO REQUIRE GOOD FAITH; TO CREATE NEW SECTION 75-1-305, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR LIBERAL ADMINISTRATION OF REMEDIES; TO CREATE NEW SECTION 75-1-306, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR WAIVER OR RENUNCIATION OF CLAIM OR RIGHT UPON BREACH; TO CREATE NEW SECTION 75-1-307, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR PRIMA FACIE EVIDENCE BY THIRD-PARTY DOCUMENTS; TO CREATE NEW SECTION 75-1-308, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR PERFORMANCE OR ACCEPTANCE UNDER RESERVATION OF RIGHTS; TO CREATE NEW SECTION 75-1-309, MISSISSIPPI CODE OF 1972, TO ALLOW THE OPTION TO ACCELERATE AT WILL; TO CREATE NEW SECTION 75-1-310, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE SUBORDINATION OF OBLIGATIONS; TO AMEND SECTIONS 75-2-103, 75-2-107, 75-2-202, 75-2A-103, 75-2A-501, 75-2A-51, 75-2A-518, 75-2A-527, 75-2A-528, 75-3-103, 75-3-106, 75-3-116, 75-3-119, 75-3-305, 75-3-309, 75-3-312, 75-3-415, 75-3-416, 75-3-417, 75-3-419, 75-3-602, 75-3-604, 75-3-605, 75-4-104, 75-4-105, 75-4-207, 75-4-208, 75-4-212, 75-4-301, 75-4-403, 75-4A-105, 75-4A-106, 75-4A-204, 75-5-103, 75-7-102, 75-8-102 AND 75-9-102, MISSISSIPPI CODE OF 1972, TO CONFORM; TO CREATE NEW SECTION 79-13-505, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE ENFORCEABILITY OF LIMITATIONS ON ASSIGNMENTS OF PARTNERSHIP INTERESTS; TO CREATE NEW SECTION 79-14-706, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE ENFORCEABILITY OF LIMITATIONS ON ASSIGNMENTS OF LIMITED PARTNERSHIP INTERESTS; TO CREATE NEW SECTION 1-3-81, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE EDITORIAL NATURE OF SECTION CAPTIONS UNLESS SPECIFICALLY PROVIDED OTHERWISE BY LAW; TO REPEAL SECTIONS 75-1-101, 75-1-102, 75-1-103, 75-1-104, 75-1-105, 75-1-106, 75-1-107, 75-1-108, 75-1-109, 75-1-110, 75-1-201, 75-1-202, 75-1-203, 75-1-204, 75-1-205, 75-1-206, 75-1-207 AND 75-1-208, MISSISSIPPI CODE OF 1972, WHICH COMPRISE THE UNIFORM COMMERCIAL CODE ARTICLE 1 - GENERAL PROVISIONS, AND ARE BEING REPLACED BY REVISED ARTICLE 1 - GENERAL PROVISIONS; TO REPEAL SECTION 75-2-208, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR THE PRACTICAL CONSTRUCTION OF "COURSE OF PERFORMANCE" FOR PURPOSES OF THE UNIFORM COMMERCIAL CODE ARTICLE 2 - SALES, THE SUBSTANCE THEREOF BEING REENACTED IN REVISED ARTICLE 1 - GENERAL PROVISIONS; TO REPEAL SECTION 75-2A-207, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR THE PRACTICAL CONSTRUCTION OF "COURSE OF PERFORMANCE" FOR PURPOSES OF THE UNIFORM COMMERCIAL CODE ARTICLE 2A - LEASES, THE SUBSTANCE THEREOF BEING REENACTED IN REVISED ARTICLE 1 - GENERAL PROVISIONS; AND FOR RELATED PURPOSES.

Sponsors

Who carried the bill in each chamber, and who signed on. Each name leads to the member's page.

In the Senate

Its course

January 11 to April 13, 2010, on one scale. In the top row each mark is a day something happened; taller marks are busier days.

Each committee stop sits inside its chamber.

Every action24 actions on 18 days

In the SenateJan 11 to Feb 1030 days

Judiciary, Division AJan 11 to Jan 2817 days

Business and Financial InstitutionsJan 28 to Feb 14 days

In the House of RepresentativesFeb 10 to Mar 927 days

Judiciary AFeb 17 to Mar 213 days

Back in the SenateMar 9 to Apr 123 days

With the GovernorApr 1 to Apr 1312 days

Amendments

Each amendment offered, and what became of it.

  • Senate committee amendmentPending

  • Senate floor amendmentPending

  • Senate floor amendmentPending

  • House of Representatives committee amendmentAdopted

    Adopted Mar 9

Text

Each version as the Legislature printed it.

l9n doesn't hold this bill's text yet.

What happened

In l9n's words, one line for each step. Every action as the Legislature published it is below.

In the Senate Jan 11 – Feb 10

  1. Jan 11Referred to the Senate committees on Judiciary, Division A and on Business and Financial Institutions
  2. Jan 28Reported as amended from JA to BF in the Senate: title sufficient, do pass
  3. Feb 1Reported from committee in the Senate: title sufficient, do pass as amended
  4. Feb 10Amended in the Senate
  5. Passed the Senate as amended

In the House of Representatives Feb 15 – Mar 9

  1. Feb 15Sent to the House
  2. Feb 17Referred to the House committee on Judiciary A
  3. Mar 2Reported from committee in the House: title sufficient, do pass as amended
  4. Mar 9Amended in the House
  5. Passed the House as amended

Back in the Senate Mar 10 – Apr 1

  1. Mar 10Returned to the Senate to concur in the House's amendments
  2. Mar 17Concurred in the Senate in the House's amendments
  3. Motion in the Senate to reconsider entered
  4. Mar 18Reconsidered in the Senate
  5. Declined in the Senate to concur, and invited a conference
  6. Conferees named in the Senate: Fillingane, Jackson (15th) and Dickerson
  7. Mar 23Conferees named in the House: Blackmon, Cockerham and Moak
  8. Mar 24Conference report filed in the House
  9. Conference report filed in the Senate
  10. Mar 25Conference report adopted in the House
  11. Mar 26Conference report adopted in the Senate
  12. Apr 1Enrolled bill signed in the Senate

To the Governor Apr 7 – Apr 13

  1. Apr 7Enrolled bill signed in the House
  2. Apr 13Approved by the Governor
All 24 actions, as published
  1. Jan 11Referred To Judiciary, Division A;Business and Financial InstitutionsSenate
  2. Jan 28DR - TSDPAA: JA To BFSenate
  3. Feb 1Title Suff Do Pass As AmendedSenate
  4. Feb 10AmendedSenate
  5. Feb 10Passed As AmendedSenate
  6. Feb 15Transmitted To HouseSenate
  7. Feb 17Referred To Judiciary AHouse of Representatives
  8. Mar 2Title Suff Do Pass As AmendedHouse of Representatives
  9. Mar 9AmendedHouse of Representatives
  10. Mar 9Passed As AmendedHouse of Representatives
  11. Mar 10Returned For ConcurrenceHouse of Representatives
  12. Mar 17Concurred in Amend From HouseSenate
  13. Mar 17Motion to Reconsider EnteredSenate
  14. Mar 18ReconsideredSenate
  15. Mar 18Decline to Concur/Invite ConfSenate
  16. Mar 18Conferees Named Fillingane,Jackson (15th),DickersonSenate
  17. Mar 23Conferees Named Blackmon,Cockerham,MoakHouse of Representatives
  18. Mar 24Conference Report FiledHouse of Representatives
  19. Mar 24Conference Report FiledSenate
  20. Mar 25Conference Report AdoptedHouse of Representatives
  21. Mar 26Conference Report AdoptedSenate
  22. Apr 1Enrolled Bill SignedSenate
  23. Apr 7Enrolled Bill SignedHouse of Representatives
  24. Apr 13Approved by GovernorGovernor