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SDBA Op-Ed: ‘We Stand on the Facts: HB 1193’

SDBA Op-Ed: ‘We Stand on the Facts: HB 1193’

The 98th legislative session is nearly in the books, as only “veto day” remains, Monday, March 27. At the end of session, to our surprise, Governor Noem vetoed HB 1193, “An Act to Amend Provisions of the Uniform Commercial Code (UCC)”. A few persons have cast a cloud of falsehoods claiming this measure does not advance and include certain digital assets and instead sets the stage for a central bank digital currency (CBDC). That simply isn’t true.

The 2022 UCC Amendments were drafted for adoption nationwide, over a three-year period with significant input from cryptocurrency advocates. They provide the commercial law reforms that owners of cryptocurrency have desired, allowing them to do more with these assets to unlock value and create wealth. With these updates, the law gives transactions in digital assets legal certainty. This will allow the cryptocurrency industry an opportunity to thrive in South Dakota and across the United States.

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SDBA Op-Ed: ‘Bank on’ the facts: HB 1193

SDBA Op-Ed: ‘Bank on’ the facts: HB 1193

As the 98th session of the South Dakota Legislature winds down, the team at the South Dakota Bankers Association (SDBA) is busy preparing for our final week of work with our state legislators. It is also during this time that we reflect on the significant role SDBA member banks and the broader business community play in helping us navigate the legislative process. We are grateful for our motivated, engaged and informed banking and business community. Before we wrap up this session, I find it imperative to set the record straight and correct the false claims being made regarding HB 1193, “An Act to Amend Provisions of the Uniform Commercial Code (UCC).”

To understand what the bill aims to do, it is important to understand the UCC and its purpose. The UCC is the product of law commissioners from each state who serve together on the Uniform Law Commission (ULC) to develop uniform, model acts, or state laws, for adoption by state legislatures. It is not federal law, nor is it developed by the federal government. Let me be clear, these 2022 amendments to the UCC are drafted by the ULC for adoption in states across the nation, and by doing so, it keeps Congress from imposing federal laws into areas where states should be sovereign.

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