Saturday, April 14, 2007
With a stroke (well, perhaps a few strokes) of her pen this past Monday, Governor Kathleen Sibelius made Kansas the 25th state to have enacted a version of Revised Article 1. Like the versions of Revised Article 1 already in force in 22 states and the two enacted earlier this year in Utah and North Dakota, which will take effect on April 30 and August 1, respectively, Kansas SB 183 rejects "uniform" R1-301 for a choice of law provision similar to the one in pre-Revised 1-105. (Kansas SB 183 will take effect on July 1, 2008.) Kansas becomes the eighteenth state to enact uniform R1-201(b)(20)'s unitary good faith standard.
Indiana SB 419 awaits only gubernatorial action (or the running of time for a gubernatorial veto) before it becomes the 26th enactment. Like Kansas SB 183, Indiana SB 419 rejects uniform R1-301 in favor of retaining the essence of pre-Revised 1-105. Unlike Kansas SB 183, Indiana SB 419 also rejects uniform R1-201(b)(20) in favor of retaining the bifurcated good faith standard of pre-Revised 1-201(19) and 2-103(1)(b). If enacted, Indiana SB 419 would take effect on July 1, 2007.
[Keith A. Rowley]