Article 9 and lien-related legislation
No developments to report this week.
Other uniform laws legislation (includes the 2022 Amendments to the UCC with UCC Article 12—Controllable Electronic Records)
Hawaii: House Bill 525, which would enact the 2022 Amendments to the UCC, passed the Senate with amendments on 4/11/2023. On 4/13/2023, the House disagreed with the Senate amendments. Further action is pending.
Washington: Senate Bill 5077, which would enact the 2022 Amendments to the UCC, passed the House as amended on 4/6/2023 and was returned to the Senate for concurrence. The Senate concurred on 4/13/2023 and the bill is now pending delivery to the governor.
Emerging technology legislation (blockchain, distributed ledger technology, cryptocurrency, etc.)
Arizona: The governor vetoed Senate Bill 1236, which would have prohibited local governments from imposing taxes or fees on the use of blockchain technology, on 4/12/2023.
Maine: Senate Bill 652a was introduced on 4/12/2023 to establish the Maine State Bank. This bank would have authority to accept deposits in all lawful forms of currency, including U.S. dollars, foreign money, gold and silver bullion, and blockchain-based cryptocurrency. The bank would also be authorized to issue gold coinage and bullion issued by the state celebrating the state’s heritage and cryptocurrency tokens redeemable in physical gold. The bill was assigned to the Joint Health Coverage, Insurance, and Financial Services Committee.
Montana: Senate Bill 178, which would protect both business and home digital asset mining, passed the House on 4/12/2023. This bill would (i) prohibit utilities from charging higher energy rates for digital asset mining operations; (ii) prohibit local governments from imposing additional taxes on digital assets used as payment; and (iii) limit a local government’s power to prohibit digital asset mining or impose additional requirements on such operations. The bill is now pending delivery to the governor.
Pennsylvania: House Bill 901 was introduced on 4/12/2023 to require licensing of persons engaged in digital business activities with a state resident. The bill was assigned to the House Commerce Committee.
Business organization legislation
Alabama: House Bill 267 was introduced on 4/6/2023 to revise the Alabama Nonprofit Corporation Law to reflect the national standards set by the Model Nonprofit Corporation Act of 2021 and the Delaware General Corporation Law. The bill was assigned to the House Judiciary Committee.
Washington: The Senate concurred in House amendments to Senate Bill 5004 on 4/13/2023. This bill would make several changes to the state Business Corporation Act. The bill is pending delivery to the governor.
No developments to report this week.
Real estate recording-related legislation
Arizona: The Senate concurred in House amendments to Senate Bill 1110 on 4/12/2023. This bill 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. The notification system would be voluntary for the person or entity and the notice would be provided by email, text message, or similar means. The bill is now pending consideration by the governor.
Other items and legislation of interest
Hawaii: House Bill 964, which would increase the fee for each apostille or non-apostille certification to $10, passed the Senate with amendments on 4/11/2023 and was returned to the House for concurrence. On 4/13/2023, the House disagreed with the Senate amendments. Further action is pending.
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.