SB 371 — Replacement of the London Interbank Offered Rate.
Last action — Signed by the Governor
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced January 11, 2022. Enacted.
Odds of enactment
High chanceBased on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.
Upgrade to see the exact probability and what's driving it.
A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.
Prognosis
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Enacted
Current position in the legislative process.
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11 sponsors
3 primary, 8 co-sponsors signed on.
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Bipartisan support
Sponsored across 2 parties (7 R · 1 D) — cross-party backing.
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Cleared a recorded vote
Passed 1 recorded vote so far.
Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.
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 Text
We don't have the full text on file for this bill yet.
Read SB 371 on the official Indiana source →Action History
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Signed by the Governor
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Public Law 67
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Signed by the President of the Senate
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Signed by the Speaker
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Signed by the President Pro Tempore
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Returned to the Senate without amendments
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Third reading: passed; Roll Call 178: yeas 95, nays 0
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Representative Ellington added as cosponsor
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Second reading: ordered engrossed
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Committee report: do pass, adopted
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First reading: referred to Committee on Financial Institutions and Insurance
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Referred to the House
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Senator Sandlin added as coauthor
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Senator Randolph added as coauthor
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Senator Koch added as coauthor
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Senator Bassler added as coauthor
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Senator Baldwin added as coauthor
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Senator Bohacek added as coauthor
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Senator Walker K added as second author
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Cosponsor: Representative Lehman
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House sponsor: Representative Carbaugh
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Third reading: passed; Roll Call 83: yeas 46, nays 0
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Second reading: ordered engrossed
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Committee report: do pass, adopted
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First reading: referred to Committee on Insurance and Financial Institutions
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Authored by Senator Zay
Sponsors
- Kyle Walker · Primary
- Andy Zay · Primary
- Mike Bohacek · Cosponsor
- Scott Baldwin · Cosponsor
- Eric Bassler · Cosponsor
- Eric Koch · Cosponsor
- Lonnie Randolph · Cosponsor
- Jack Sandlin · Cosponsor
- Martin Carbaugh · Primary
- Matt Lehman · Cosponsor
- Jeff Ellington · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →3 sponsors · 8 co-sponsors · 139 not signed on
Sponsors (3)
- Kyle Walker Republican
- Andy Zay
- Martin Carbaugh Republican
Co-sponsors (8)
- Mike Bohacek Republican
- Scott Baldwin Republican
- Eric Bassler Republican
- Eric Koch Republican
- Lonnie Randolph Democrat
- Jack Sandlin
- Matt Lehman Republican
- Jeff Ellington
Not signed on (139)
139 members have not signed on to this bill.
Show all 139 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 45 | 0 | 0 | 2 |
| Unaffiliated | 26 | 0 | 0 | 2 |
| Democrat | 24 | 0 | 0 | 1 |
| Total | 95 | 0 | 0 | 5 |
| % of votes cast | 95% | 0% | 0% | 5% |
How each member voted (100)
| Member | Party | Vote |
|---|---|---|
| Ellington | — | Yea |
| Austin | — | Yea |
| Lehe | — | Yea |
| Fleming | — | Yea |
| Frye | — | Yea |
| Leonard | — | Yea |
| Goodrich | — | Yea |
| Saunders | — | Yea |
| Lyness | — | Yea |
| Schaibley | — | Yea |
| Gutwein | — | Yea |
| Boy | — | Yea |
| Hatfield | — | Yea |
| Morrison | — | Yea |
| Cherry | — | Yea |
| Jacob | — | Yea |
| Cook | — | Yea |
| Negele | — | Yea |
| Nisly | — | Yea |
| Torr | — | Yea |
| Vermilion | — | Yea |
| Zent | — | Yea |
| Eberhart | — | Yea |
| Speedy | — | Not Voting |
| Ziemke | — | Not Voting |
| Brown, T | — | Yea |
| Davisson, J. | — | Yea |
| Young, J | — | Yea |
| Blake Johnson | Democrat | Yea |
| Carey Hamilton | Democrat | Yea |
| Carolyn Jackson | Democrat | Yea |
| Cherrish Pryor | Democrat | Yea |
| Chris Campbell | Democrat | Yea |
| Chuck Moseley | Democrat | Yea |
| Earl Harris | Democrat | Yea |
| Edward DeLaney | Democrat | Yea |
| Gregory Porter | Democrat | Yea |
| John Bartlett | Democrat | Yea |
| Justin Moed | Democrat | Yea |
| Matt Pierce | Democrat | Yea |
| Maureen Bauer | Democrat | Yea |
| Mike Andrade | Democrat | Yea |
| Mitch Gore | Democrat | Yea |
| Philip GiaQuinta | Democrat | Yea |
| Ragen Hatcher | Democrat | Not Voting |
| Renee Pack | Democrat | Yea |
| Robin Shackleford | Democrat | Yea |
| Ryan Dvorak | Democrat | Yea |
| Sheila Klinker | Democrat | Yea |
| Sue Errington | Democrat | Yea |
| Tonya Pfaff | Democrat | Yea |
| Vanessa Summers | Democrat | Yea |
| Vernon Smith | Democrat | Yea |
| Beau Baird | Republican | Yea |
| Ben Smaltz | Republican | Yea |
| Brad Barrett | Republican | Yea |
| Bruce Borders | Republican | Yea |
| Chris Jeter | Republican | Yea |
| Chris Judy | Republican | Yea |
| Chris May | Republican | Yea |
| Cindy Ledbetter | Republican | Yea |
| Craig Snow | Republican | Yea |
| Dale DeVon | Republican | Yea |
| Dave Heine | Republican | Yea |
| David Abbott | Republican | Yea |
| Doug Miller | Republican | Yea |
| Edmond Soliday | Republican | Yea |
| Edward Clere | Republican | Yea |
| Elizabeth Rowray | Republican | Yea |
| Ethan Manning | Republican | Yea |
| Gregory Steuerwald | Republican | Yea |
| Harold Slager | Republican | Yea |
| Heath VanNatter | Republican | Not Voting |
| J.D. Prescott | Republican | Yea |
| Jack Jordan | Republican | Yea |
| Jake Teshka | Republican | Yea |
| Jeffrey Thompson | Republican | Yea |
| Jim Lucas | Republican | Yea |
| Jim Pressel | Republican | Yea |
| Joanna King | Republican | Yea |
| Julie Olthoff | Republican | Yea |
| Karen Engleman | Republican | Yea |
| Martin Carbaugh | Republican | Yea |
| Matt Hostettler | Republican | Yea |
| Matt Lehman | Republican | Yea |
| Michael Karickhoff | Republican | Yea |
| Michelle Davis | Republican | Yea |
| Mike Aylesworth | Republican | Yea |
| Peggy Mayfield | Republican | Yea |
| Robert Behning | Republican | Yea |
| Robert Heaton | Republican | Yea |
| Robert Morris | Republican | Yea |
| Ryan Lauer | Republican | Yea |
| Shane Lindauer | Republican | Yea |
| Steve Bartels | Republican | Yea |
| Timothy O'Brien | Republican | Yea |
| Timothy Wesco | Republican | Yea |
| Todd Huston | Republican | Not Voting |
| Wendy McNamara | Republican | Yea |
| Zach Payne | Republican | Yea |
Subjects
Frequently asked questions
- What does SB 371 do?
- 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.
- Who sponsors SB 371?
- SB 371 is sponsored by Kyle Walker (Republican), Andy Zay, Mike Bohacek (Republican), Scott Baldwin (Republican), Eric Bassler (Republican), Eric Koch (Republican), Lonnie Randolph (Democrat), Jack Sandlin, Martin Carbaugh (Republican), Matt Lehman (Republican), and Jeff Ellington.
- What is the current status of SB 371?
- This bill has been enacted into law. Introduced January 11, 2022. Enacted.
- Where can I track SB 371?
- Track SB 371 free on One Click Politics — get push/email alerts when it moves.
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