Article 9 and lien-related legislation
No developments to report.
Other uniform laws legislation (includes the 2022 amendments to the Uniform Commercial Code (UCC) with UCC Article 12-Controllable Electronic Records)
Iowa: The governor signed Senate Bill 2389 on 4/10/2024 to amend provisions of the UCC applicable to controllable electronic records. Iowa enacted an early version of the 2022 Amendments to the UCC in 2022. This bill is intended to bring that law into conformity with the final official text of the 2022 Amendments, including the transition provisions. The new law takes effect on 7/1/2024.
Illinois: Senate Bill 3696, which would enact the 2022 Amendments to the UCC, including UCC Article 12-Controllable Electronic Records, and related amendments, passed the Senate on 4/11/2024.
Virginia: The governor signed House Bill 1286 on 4/8/20241 to enact the 2022 Amendments to the UCC, including UCC Article 12-Controllable Electronic Records, and related amendments. The new law takes effect on 7/1/2025.
Emerging technology legislation (blockchain, distributed ledger technology, cryptocurrency, etc.)
Arkansas: House Resolution 1015 was introduced on 4/10/2024 to amend the Data Centers Act of 2023. The amendments would change the name of the act to the “Digital Asset Mining Act,” and amend the authority of a local government to regulate home digital asset mining. A similar bill was introduced the same day as Senate Resolution 16 and passed the Senate on 4/11/2024.
Arkansas: House Resolution 1016 was introduced on 4/10/2024 to require a digital asset miner, digital asset mining business, or business utilizing a blockchain network that is seeking to purchase or lease land or a building for the operating of digital asset mining or utilization of a blockchain network, to file a written notification with the Arkansas Public Service Commission and the local government of the area where the purchase, leasing, or construction is anticipated to occur. A similar bill was introduced the same day as Senate Resolution 15 and passed the Senate on 4/11/2024.
Arkansas: House Resolution 1017 was introduced on 4/10/2024 to provide that the state natural resources commission shall monitor the impact of blockchain usage and digital asset mining on water usage and the electrical grid. The commission may take action if blockchain usage or digital asset mining threatens groundwater supplies or the reliability of the electric grid. A similar bill was introduced the same day as Senate Resolution 14 and passed the Senate on 4/11/2024.
Arkansas: House Resolution 1019 was introduced on 4/10/2024 to require a digital asset mining business or business utilizing blockchain to pay a fee for extraordinary energy usage. A similar bill was introduced in the Senate the same day as Senate Resolution 11.
Arkansas: House Resolution 1020 was introduced on 4/10/2024 to provide for the licensing and regulation of digital asset mining businesses and businesses utilizing a blockchain network. A similar bill was introduced the same day as Senate Resolution 17 and passed the Senate on 4/11/2024.
Business organization legislation
No developments to report.
Notary legislation
Hawaii: House Bill 2480, which would require the lieutenant governor to charge a fee for each apostille or non-apostille certification issued, passed the Senate as amended on 4/9/2024. The bill is now pending concurrence in the House.
Virginia: The governor signed Senate Bill 8 on 4/5/2024 to remove the oath requirement from the application for recommission of a notary, provided that the notary is in good standing and not subject to any investigation or proceeding. The new law takes effect on 7/1/2024.
Real estate recording-related legislation
Colorado: House Bill 1269, which would increase the recording fee a clerk may charge, passed the House on 4/8/2024. The bill would increase the fee for filing or recording a document from $10 to $40 unless a different fee for the type of document is specified by law.
Hawaii: The Senate refused to concur in House amendments to Senate Bill 2861 on 4/5/2022. This bill would prohibit the recording of unfair exclusive listing agreements. The bill is pending further action.
Kentucky: The governor signed House Bill 488 on 4/9/2024 to provide detailed requirements for documents to be recorded with a county clerk. The bill also requires a statement on an affidavit of amendment to a recorded mortgage that the document was prepared by an attorney licensed in Kentucky. The new law takes effect 90 days after the legislature adjourns.
Maryland: House Bill 1308, which would prohibit a person from recording a deed or other instrument that the person knows contains false information, passed the Senate on 4/6/2024 and is pending delivery to the governor. If enacted, a person that violates the prohibition would be subject to misdemeanor criminal charges.
Nebraska: Legislative Bill 1073, which was amended to prohibit the recording of right to list home sales agreements, passed the Legislature on 4/11/2024 and is pending delivery to the governor.
Nebraska: Legislative Bill 1120, which would require the purchaser of real property in restricted areas to record an affidavit with the register of deeds, passed the Legislature on 4/11/2024 and is pending delivery to the governor. The affidavit must state that the purchaser is not affiliated with a foreign government or non-government foreign adversary. The bill also would prohibit the register of deeds from recording a conveyance until after receipt of the affidavit.
Pennsylvania: House Bill 657, which would prohibit the recording of unfair real estate service agreements, passed the House on 4/8/2024.
Tennessee: Senate Bill 2448, which originally would have required county registers of deeds and notaries public to verify the identity of a person recording or notarizing a document relating to certain real estate transactions, was amended to replace those provisions with new text calling for a study of real estate fraud in the state. The bill then passed the Senate as amended on 4/9/2024.
Other items and legislation of interest
Nebraska: Legislative Bill 1074, which would enact the Data Privacy Act, passed the Legislature on 4/11/2024 and is pending delivery to the governor. The bill provides protections for personal data of an identified or identifiable individual.
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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.
