Article 9 and Lien-Related Legislation

California: SB 572, which would allow the Labor Commission to create a lien on real property as an alternative to a judgment lien for amounts due from cited parties, passed the House as amended on 8/30/2021. The Senate concurred with the House Amendments on 9/1/2021. The lien would be recorded with the county recorder of any county where the cited party has real property. The bill was delivered to the governor for consideration on 9/9/2021.

Other Uniform Laws Legislation

No developments to report.

Emerging Technology Legislation (Blockchain, DLT, Cryptocurrency, etc.)

United States: House Bill 5045 was introduced on 8/17/2021 to enact the Blockchain Regulatory Certainty Act, which provides a safe harbor from licensing and registration for certain non-controlling blockchain developers and providers of blockchain services. Specifically, the act provides that covered entities shall not be treated as a money transmitter, financial institution or any other federal designation that requires licensing or registration as a condition of providing the blockchain service. The bill was assigned to the House Financial Services Committee.

Business Organization Legislation

Wisconsin: Senate Bill 566 was introduced on 9/15/2021 to adopt, with modifications, the most recent versions of the Uniform Limited Partnership Act and Uniform Limited Liability Company Act. The bill also would make changes to the state’s partnership law and to the law governing business corporations and nonstock corporations. The bill was assigned to the Senate Veteran and Military Affairs and Constitution and Federalism Committee.

Notary Legislation

New Hampshire: The governor signed SB 134 on 8/10/2021 to amend the state’s Uniform Law on Notarial Acts. The amendments provide for electronic signatures and electronic notarial acts. The bill also enacts the Uniform Real Property Electronic Recording Act. The final version restored the uniform definition of “electronic signature” found in UETA, URPERA, RULONA and other uniform acts. Portions of the new law took effect immediately with the remainder to take effect on 2/6/2022.

Real-Estate-Recording-Related Legislation

No developments to report.

Other Items/Legislation of Interest

No developments to report.

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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.

Legislative Developments 9-17-21