Article 9 and lien-related legislation
Florida: The governor signed House Bill 27 on 6.27.2023 to adopt the Judgment Lien Improvement Act. This Act specifies that payment intangibles, accounts, and the proceeds thereof are subject to judgment liens. The Act also sets the procedures related to judgment liens against titled motor vehicle and vessels and make various other changes to existing law. The new law took effect on 7.1.2023.
Vermont: House Bill 305 was enacted and included fee increases for Uniform Commercial Code (UCC) services provided by the secretary of state. See more details under Business organization legislation below.
Other uniform laws legislation (includes the 2022 Amendments to the UCC with UCC Article 12 – Controllable Electronic Records)
Delaware: Senate Bill 157, which would enact the 2022 Amendments to the UCC, passed the House on 6.30.2023 and is pending delivery to the governor.
Hawaii: The governor signed House Bill 525 on 6.29.2023 to enact the 2022 Amendments to the UCC. The new law took effect immediately.
Nevada: The governor signed AB 231 on 6.15.2023 to enact the 2022 Amendments to the UCC. The new law takes effect on 10.1.2023.
Emerging technology legislation (blockchain, DLT, cryptocurrency, etc.)
No developments to report.
Business organization legislation
Delaware: Senate Bill 114, which would make clarifications, technical changes, and other amendments to the General Business Corporations Law, passed the House on 6.30.2023 and is pending delivery to the governor.
Vermont: The legislature voted to override the governor’s veto of House Bill 305 on 6.20.2023, which raises fees for professional licenses and a number of business services provided by the secretary of state. The new law raises fees for filing nearly all types of business organization documents from $5 to $70, depending on the specific type of document. The new law took effect immediately.
North Carolina: Senate Bill 552, which would make several revisions of the state’s electronic and remote notary laws, passed the House on 6.21.2023 and was signed by the governor on 6.23.2023. The new law took effect immediately.
New York: The governor signed Senate Bill 7561 on 6.30.2023 to revise the procedures for appointment and reappointment of a notary. The new law provides that applications must be submitted to the secretary of state rather than a county clerk, as was the case under prior law. The revisions also provide for registration of the capability to perform electronic notarizations and a fee increase for certain certifications by the secretary of state and county clerk. The new law took effect immediately.
Ohio: Senate Bill 130 was introduced on 6.27.2023 to revise the state’s notary and LLC laws. The notary revisions address making satisfactory identification of the person making a verification, oath, or affirmation. The bill also clarifies fees for filing certain documents with the secretary of state. Committee assignment is pending.
Real estate recording-related legislation
Connecticut: The governor signed House Bill 6648 on 6.26.2023 to establish a task force that will study the processes, associated costs, and benefits of creating and maintaining a publicly accessible online database for the recording, indexing, and searching of such land records and maps. The task force will report its findings and recommendations to the general assembly by 2.1.2024. The new law took effect immediately.
Maine: The governor signed House Bill 831 on 6.23.2023 to prohibit the use of agreements for homeowners to exclusively list their residential property for sale. This law prohibits the recording of the agreements and provides remedies for owners who are affected by the recording of the agreements. The new law takes effect 90 days after adjournment.
Other items and legislation of interest
No developments to report.