Article 9 and lien-related legislation
Alaska: Senate Bill 119 was introduced on 3/31/2023 to add an identification card issued to a prisoner prior to release from custody to the source of a debtor name under the state’s version of UCC § 9-503(a) and (g). The bill was assigned to the Senate State Affairs Committee.
Other uniform laws legislation (includes the 2022 Amendments to the UCC with UCC Article 12―Controllable Electronic Records)
Florida: Senate Bill 7054 was introduced on 4/5/2023 to add a definition for “central bank digital currency” to the state’s version of UCC § 1-201 and revising the UCC definition of “money” to exclude central bank digital currency. This appears to be the same as House Bill 7049, which was filed last week. Committee assignment is pending.
Indiana: Senate Bill 468, which would enact the 2022 Amendments to the UCC, passed the House as amended on 4/4/2023 and was returned to the Senate for concurrence.
New Mexico: The governor signed House Bill 90 on 4/5/2023 to enact the 2022 Amendments to the UCC. The new law takes effect on 1/1/2024.
Emerging technology legislation (blockchain, distributed ledger technology, cryptocurrency, etc.)
Arizona: Senate Bill 1236, which would prohibit local governments from imposing taxes or fees on the use of blockchain technology, passed the House on 4/5/2023 and is pending consideration by the governor.
Arkansas: House Bill 1799, which would regulate digital mining businesses, passed the House on 4/4/2023 and then passed the Senate as amended on 4/6/2023. The bill would protect digital mining businesses from discriminatory industry-specific regulations and taxes. The bill was returned to the House for concurrence and then assigned to the Advanced Communications and Information Technology Committee.
Business organization legislation
No developments to report this week.
Notary legislation
Kentucky: The governor signed Senate Bill 123 on 3/31/2023 after it was passed by the House a day earlier. This bill authorizes Kentucky notaries to perform notarial acts in other states under certain circumstances.
Massachusetts: The governor signed House Bill 58, a large appropriations bill, on 3/29/2023. The bill includes provisions that authorize and regulate electronic and remote notarization. Part of the notary provisions of the new law take effect 90 days after the effective date of the act and certain new sections added to the notary law for remote notary on 1/1/2024.
New Mexico: The governor signed Senate Bill 246 on 4/4/2023 to amend the Revised Uniform Law on Notarial Acts (RULONA). The new law provides for “automatic notarial officers,” who are judicial officers, county clerks, and licensed attorneys, and makes various other clarifications and changes. These include provisions regarding personal appearances, the official stamp, and other notary regulation matters. The new law takes effect on 6/16/2023.
New York: Assembly Bill 6207 was introduced on 4/3/2023 to exempt from recordkeeping and reporting requirements any act of a notary public related to the designation or nomination of candidates. The bill was assigned to the Assembly Judiciary Committee.
North Carolina: Senate Bill 552 was introduced on 4/5/2023 to make several revisions of the state’s electronic and remote notary laws. Committee assignment is pending.
Real estate recording-related legislation
Arizona: Senate Bill 1110, which would require that a county recorder provide a system for notifying a person or entity whenever any document is recorded that names the person or entity as a party, passed the House on 4/5/2023 with amendments and was returned to the Senate for concurrence. The notification system would be voluntary for the person or entity and the notice would be provided by email, text message, or similar means.
Georgia: House Bill 444, which would repeal and replace certain sections of state law applicable to lis pendens, passed the Senate on 4/5/2023 and is awaiting consideration by the governor. The bill would expressly require clerks to record lis pendens.
Idaho: The governor signed House Bill 238 on 3/31/2023 to adopt the Unfair Service Agreements Act. The act prohibits the recording of unfair service agreements and provides remedies for a person with an interest in the property subject to such agreement. The new law takes effect on 7/1/2023.
Nevada: Assembly Bill 392 was introduced on 3/23/2023 to (i) provide that deceptive service agreements for residential property are void and unenforceable; (ii) authorize a county recorder to refuse to record any such agreement; (iii) provide that any person who attempts to record such an agreement is guilty of a misdemeanor; and (iv) provide remedies for any person with an interest in the property. The bill was assigned to the Commerce and Labor Committee.
North Carolina: House Bill 422, which would prohibit the recording of Unfair Real Estate Service Agreements, as such agreements are defined in the bill, passed the House on 4/4/2023. The bill is now pending in the Senate.
South Carolina: House Bill 3500, which would require a derivation clause as a condition of recording a deed or mortgage, passed the House on 4/5/2023 and was assigned to the Senate Judiciary Committee. This bill would require that an instrument executed after June 30, 2023 identify either (1) the name and contact information of the preparer of the instrument or (2) the attorney licensed in South Carolina who assisted with the closing of the instrument.
South Carolina: House Bill 4247 was introduced on 4/4/2023 to prohibit the recording of unfair service contracts. The bill would authorize, but not require, a recording officer to refuse to record such a contract and provide that any person who attempts to record such an agreement is guilty of a misdemeanor. The bill was assigned to the Labor, Commerce, and Industry Committee.
Washington: House Bill 1420, which would address priority, passed the Senate on 3/31/2023 and is pending delivery to the governor. The bill would clarify that any mortgage or deed of trust shall have priority over all liens, mortgages, deeds of trust, and other encumbrances that have not been recorded before the recording of the mortgage or deed of trust to the extent of all sums secured by the mortgage or deed of trust regardless of when the same are disbursed or whether the disbursements are obligatory. The bill is not intended to repeal any statute that expressly provides for special priority over mortgages or deeds of trust.
Other items and legislation of interest
Louisiana: House Bill 229 was pre-filed on 3/27/2023 to require that the Louisiana Clerks’ Remote Access Authority establish a statewide integrated filing system for electronic filing, case management, and image and document management. If enacted, every clerk of court would need to have the system in place by 1/1/2025. The bill was assigned to the House Judiciary Committee.
New York: Assembly Bill 6319 was introduced on 4/3/2023 to enact the American Data Privacy and Protection Act, which would establish consumers’ foundational data privacy rights, create oversight mechanisms, and establish enforcement mechanisms. The bill would also establish a victim relief fund. The bill was assigned to the Assembly Science and Technology Committee.
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Note that this update provides only a short summary of the listed bills, which are often lengthy and complex. It is not intended to include all potentially relevant provisions of each bill. For full details, please review the bill on the applicable state legislative web site.