Article 9 and Lien-Related Legislation
No developments to report.
Other Uniform Laws Legislation (Includes the 2022 Amendments to the UCC with UCC Article 12 – Controllable Electronic Records)
Ohio: House Bill 697 was introduced on 12/5/2024 to enact the 2022 Amendments to the UCC, including UCC Article 12, Controllable Electronic Records and related amendments.
South Carolina: House Bill 3454 was pre-filed for 2025 on 12/5/2024 to enact the 2022 Amendments to the UCC, including UCC Article 12, Controllable Electronic Records and related amendments.
Emerging Technology Legislation (Blockchain, DLT, Cryptocurrency, etc.)
Alabama: Senate Bill 17 was pre-filed for 2025 on 11/19/2024 to limit state and local governments’ ability to regulate or tax digital assets and limits regulation of digital asset mining.
Arizona: Senate Bill 1015 was pre-filed for 2025 on 12/16/2024 to prohibit county, town and city government from imposing taxes or fees on an individual or entity that runs a blockchain node in a residence.
Arkansas: Senate Bill 10 was pre-filed for 2025 on 12/13/2024 to regulate the impact of blockchain and data mining on the electrical grid and water usage.
Ohio: House Bill 703 was introduced on 12/17/2024 to enact the Ohio Bitcoin Reserve Act. The act would create bitcoin reserve fund within the state treasury as a hedge against devaluation of the US Dollar and to foster innovation.
Pennsylvania: House Bill 2664 was introduced on 11/19/2024 to authorize the state treasurer and certain other departments to invest in Bitcoin or digital assets as a hedge against inflation.
South Carolina: House Bill 304 was pre-filed for 2025 on 12/5/2024 to define “Central Bank Digital Currency” and prohibit a banking corporation from offering any service or conducting any transaction involving Central Bank Digital Currency.
Texas: House Bill 1598 was pre-filed for 2025 on 12/12/2024 to establish a strategic bitcoin reserve within the state treasury.
Business Organization Legislation
Wyoming: House Bill 47 was pre-filed for 2025 on 12/12/2024 to authorize the secretary of state to charge expedited fees for filing of business organization, UCC and other documents.
Notary Legislation
Arizona: House Bill 2008 was pre-filed for 2025 on 12/18/2024 to amend the state’s version of the Revised Uniform Law on Notarial Acts. The amendments include clarification of the certificate requirements for notarial acts performed remotely and the stamp for both remote and electronic notaries. The bill would also allow the secretary of state to require applicants for a notary commission to pass a fingerprint check. The journal requirements would also be amended to require the notary’s thumb print, except in the case of notarial acts performed for remotely located individuals. In addition, the bill contains real estate recording provisions described in the real estate legislation section below.
District of Columbia: The mayor signed Bill 792 on 12/12/2024 to eliminate the requirement for a notary public to read and write in the language of any record on which the notary public performs a notarial act. This bill would also clarify that the training course for notary applicants must be approved but not provided by the Mayor and require notarial officers to read and write in the same language as the notarial certificate executed by the officer. The bill is now in the congressional review period.
Michigan: House Bill 5882, which would amend the state’s remote notary law, passed the House on 12/10/2024. The amendments would expand the scope of communications technology that may be used for notarial acts.
Michigan: House Bill 6264 was introduced on 12/10/2024 to authorize execution of power of attorney via remote 2-way real-time audio/video communication.
Nevada: Assembly Bill 72 was pre-filed for 2025 on 11/20/2024 to authorize the secretary of state to establish a code of conduct for notaries and makes other changes to the notary laws. The bill would also make changes to bonding requirements for document preparation services.
New York: Assembly Bill 7241 (2023), which would exempt from recordkeeping and reporting requirements any act of a notary public related to the designation or nomination of candidates, was vetoed by the governor on 11/22/2024.
New York: The governor signed Senate Bill 2271 (2023) on 11/22/2024 to clarify the requirements for acknowledgements, proofs oaths and affirmations without the state. The new law took effect immediately.
Ohio: Senate Bill 130 (2023), which would revise the state’s notary and LLC laws, passed the House as amended on 12/11/2024 and is pending concurrence by the Senate. 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.
South Carolina: House Bill 3190 was pre-filed for 2025 on 12/5/2024 to increase the maximum fees a notary may charge.
Real-Estate-Recording-Related Legislation
Arizona: House Bill 2008 was pre-filed for 2025 on 12/18/2024 to require an individual to present the recorder with two forms of identification prior to recording a deed or other instrument affecting real property. Exceptions apply for certain categories of persons, primarily those in the real estate, finance or legal professions. There is also an exception for a “trusted submitter,” although the term is not defined in the act. In addition, the bill contains revisions to the state’s version of the Revised Uniform Law on Notarial Acts. See the comment above under Notary Legislation.
Missouri: House Bill 323 was pre-filed for 2025 on 12/3/2024 to adopt The Real Property Fraud Prevention Act. The bill would require the county recorder of deeds to notify each property owner or owner of record of a parcel of real property, as determined by the most recent real property tax records, that a general warranty deed or quitclaim deed that affects the ownership of such parcel of real property has been submitted for recording.
Missouri: House Bill 579 was pre-filed for 2025 on 12/17/2024 to prohibit the recording of any real estate conveyance instrument with the county recorder unless the instrument contains the sale amount.
Missouri: Senate Bill 305 was pre-filed for 2025 on 12/1/2024 to repeal and replace provisions related to the offense of filing false documents. The re-enacted bill contains mostly technical corrections but does increase the severity of the offense.
Missouri: Senate Bill 309 was pre-filed for 2025 on 12/1/2024 to enact the Blockchain Basics Act. The bill would prohibit the state from (i) prohibiting an individual from using digital currency to purchase legal goods and services; (ii) imposing additional taxes on use of digital currency as a method of payment; or (iii) imposing restrictions on an individual’s ability to participate in home digital asset mining. The bill includes numerous other provisions designed to protect digital asset mining operations.
New York: Senate Bill 2271 (2023), which would clarify the requirements for acknowledgements, proofs oaths and affirmations without the state, passed the House on 3/4/2023. The bill is pending delivery to the governor.
North Carolina: The House voted to override the governor’s veto of Senate Bill 445 (2023). The Senate previously voted to override the veto in September. This bill exempts certified copies of court-filed documents from the register of deeds document format requirements. Portions of the new law took effect immediately and other provisions will take effect later in 2025.
South Carolina: House Bill 3408 was pre-filed for 2025 on 12/5/2024 to prohibit any declared foreign adversary from owning real estate in the state.
South Carolina: House Bill 3418 was pre-filed for 2025 on 12/5/2024 to provide for expedited removal of persons in unlawful possession of real property and provides that a person who unlawfully detains or occupies or trespasses upon a residential dwelling and who intentionally damages the dwelling causing one thousand dollars or more in damages is guilty of a felony.
South Carolina: House Bill 3508 was pre-filed for 2025 on 12/5/2024 to provide for the immediate removal of an unlawful occupant of residential property under certain conditions and provides that a person who unlawfully detains or occupies or trespasses upon a residential dwelling and who intentionally damages the dwelling causing one thousand dollars or more in damages is guilty of a felony.
Texas: House Bill 1566 was pre-filed for 2025 on 12/10/2024 to prohibit certain foreign entities from the purchase or acquisition of title to real property in the state.
Texas: Senate Bill 647 was pre-filed for 2025 on 12/18/2024 to amend provisions related to fraudulent documents that purport to convey an interest in real or personal property.
Texas: Senate Bill 648 was pre-filed for 2025 on 12/18/2024 to amend requirements for grantor signatures and acknowledgements for real estate conveyance documents.
Wyoming: Senate Bill 6 was pre-filed for 2025 on 12/2/2024 to prohibit the use of false property documents and provide for removal of unauthorized occupants with law enforcement assistance.
Wyoming: Senate Bill 11 was pre-filed for 2025 on 12/2/2024 to make it a felony is a person intentionally uses a document that the person knows or reasonably should know is false or fraudulent to gain or remain in possession of property or to claim a right to property for which the person does not have a legal right to possess or claim a right.
Other Items/Legislation of Interest
Missouri: House Bill 630 was pre-filed for 2025 on 12/17/2024 to adopt the Constitutional Money Act. This act would require the state to accept “specie legal tender” (precious metal bullion shaped into coins or bars) and electronic currency in payment of debts. Similar, but not identical bills, were pre-filed on 12/1/2024 as Senate Bill 25 and on 12/6/2024 as House Bill 433.
Missouri: Senate Bill 194 was pre-filed on 12/1/2024 to prohibit state government units from engaging in activities involving a Central Bank Digital Currency; require the state treasurer to maintain an amount of gold or silver bullion equal to a designated percentage of state funds; require the state to accept payment of any debt in gold and silver coins; and, subtract from a taxpayers federal adjusted gross income any capital gains on the sale or exchange of gold or silver.
Montana: Senate Bill 52 was pre-filed on 12/16/2024 to create a chancery court with jurisdiction to hear certain disputes including business organization matters and transactions governed by the UCC.
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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.
