Legislation Effective for July and August 2023

Legislation Effective for July and August 2023

ALABAMA

House Bill 32 (Act 2023-62) signed by the governor April 27 and effective July 1 authorizes the Judge of Probate of Lamar County to set and collect a mail fee for the renewal of motor vehicle license registrations and business licenses by mail or through the Internet.

House Bill 184 (Act 2023-277) signed by the governor May 30 and effective August 1 prohibits the imposition of certain filing or reporting requirements on certain charitable organizations.

ARKANSAS

Senate Bill 205 (Act No. 256) signed by the governor March 9 and effective 91 days after adjournment (projected as May 1) amends the standard for name availability to “distinguishable” from “not the same as or confusingly similar”.

Senate Bill 207 (Act 459) signed by the governor April 4 and effective 90 days after adjournment modifies the Corporate Franchise Tax Act of 1979 to apply to LLCs which shall pay the minimum fee of $150 and a new processing fee to support the business and commercial services electronic filing system of the Secretary of State.

Senate Bill 357 (Act 469) signed by the governor April 4 and effective 90 days after adjournment enacts the State Insurance Department’s general omnibus bill.

ARIZONA

House Bill 2006 (Chapter 45) signed by the governor April 13 and effective 91 days after adjournment (projected as April 22) conforms insurance holding company statutes to the NAIC Insurance Holding Company System Regulatory Act (Act).

GEORGIA

Senate Bill 148 (Act 260) signed by the governor May 2 and effective July 1 revises, simplifies and modernizes the Nonprofit Corporation Code.

INDIANA

House Bill 1581 signed by the governor May 1 and effective July 1 provides for agricultural cooperatives to be among the entities under the jurisdiction of the Secretary of State and the uniform business organizations code.

The governor signed SB 468 on 5/4/2023 to enact the 2022 Amendments to the UCC. The new law takes effect 7/1/2023. 

House Bill 1329 (Public Law 226-2023) signed by the governor May 4 and effective July 1 relates to insurance producer licensing requirements and public adjuster activities.

IOWA

House Bill 553 signed by the governor May 3 and effective July 1 relates to affirmative defenses for entities using cyber security programs.

KANSAS

House Bill 2090 (Chapter 49) signed by the governor April 20 and effective July 1 relates to fees, assessments and taxes set by the commissioner of insurance.

Senate Bill 244 (Chapter 66) signed by the governor April 21 and effective upon publication in the Kansas Register amends business entity statutes regarding ratification of defective corporate acts, indemnification of directors and officers, use of electronic signatures and networks of electronic databases including blockchain and distributed ledgers, and business filing entity report requirements.

LOUISIANA

House Bill 395 (Act 26) signed by the governor May 30 and effective August 1 relates to filings and forms requirements for foreign corporations registered with the Secretary of State.

Senate Bill 143 (Act 47) signed by the governor June 1 and effective August 1 relates to letters of no objection and certificates of authority from the Commissioner of Insurance.

MARYLAND

House Bill 999 (Chapter 457) signed by the governor May 8 and effective July 1 amends the Insurance Code to restore provisions allowing stockholders or directors of insurance companies to conduct business through electronic means.

House Bill 999 (Chapter 457) signed by the governor May 8 and effective July 1 repeals provisions that the State Department of Assessments and Taxation may not file articles of dissolution or a certificate of termination unless all annual reports have been filed.

MISSISSIPPI

Senate Bill 2077 signed by the governor March 14 and effective July 1 amended charitable registration requirements to increase the threshold for audits to $750,000 from $500,000.

Senate Bill 2673 signed by the governor April 17 and effective July 1 separates the real estate appraiser licensing and certification board from the real estate commission.

NEVADA

Senate Bill 223 (Chapter 118) signed by the governor May 31 and effective July 1 makes various revisions relating to real property document recording.

NORTH DAKOTA

House Bill 1084 signed by the governor March 15 and effective August 1 requires a state form to be used for foreign entity, qualification, amendment or withdrawal.

TENNESSEE

Senate Bill 1174 signed by the governor March 31 and effective July 1 amends the qualifications for registered agents to include domestic and foreign LLCs, LPs and LLPs.

VERMONT

Senate Bill 95 signed by the governor May 3 and effective July 1 relates to banking and insurance including the Life and Health Insurance Guaranty Association Act.

VIRGINIA

House Bill 1685 (Chapter 14) signed by the governor March 16 and effective July 1 requires license application forms to include the due date for the application and the amount of the penalty charged for late application filing, the underpayment of estimated tax, and the late payment of tax.

House Bill 1477 (Chapter 529) and Senate Bill 986 (Chapter 530) signed by the governor March 26 and effective July 1 amends the stock corporation act to eliminate the document requirement to include terms of each class or series of shares and changes provisions for inspection of shareholders list.

House Bill 1748 (Chapter 289) signed by the governor March 23 and effective July 1 amends charitable solicitation provisions to include requests made by email.

WASHINGTON

House Bill 1742 (Chapter 258) signed by the governor May 4 and effective July 23 authorizes the Department of Revenue to waive a delinquency fee for business licenses and a late penalty for businesses reporting unclaimed property.

House Bill 1301 (Chapter 412) signed by the governor May 11 and effective July 23 requires the Department of Licensing to review professional licenses and recommend to the legislature whether the licenses reviewed should be terminated, continued or modified.

Senate Bill 5004 (Chapter 432) signed by the governor May 11 and effective July 23 updates the Business Corporations Act regarding stock splits, holding company reorganizations and mergers.