Article 9 and lien-related legislation
District of Columbia: Bill 26-0035 was introduced on 1/10/2025 to amend UCC § 9-521 to allow the filing office to accept only the forms most recently approved by IACA or approved by the Chief Financial Officer of the district.
South Dakota: House Bill 1063 was introduced on 1/22/2025 to modify the requirements for obtaining an agricultural processor’s lien. Requires lien statement to be electronically filed with the secretary of state.
Other uniform laws legislation [includes the 2022 amendments to the Uniform Commercial Code (UCC) with UCC Article 12-Controllable Electronic Records]
Connecticut: House Bill 5849 was introduced on 1/22/2025 to amend the state’s version of UCC § 8-511 regarding investment securities. The bill would make a non-uniform amendment to delete subsection (b).
District of Columbia: Bill 26-0031 was introduced on 1/6/2025 to adopt the Uniform Electronic Estate Planning Documents Act of 2025.
Illinois: House Bill 1632 was introduced on 1/23/2025 to amend the Uniform Electronic Transactions Act with respect to government agencies. The bill would authorize government agencies that use electronic signatures and documents to specify their own policies and procedures governing their use.
Massachusetts: House Bill 3437 was introduced on 1/17/2025 to adopt the 2014 Uniform Voidable Transactions Act.
Massachusetts: House Bill 3438 was introduced on 1/17/2025 to enact the 2022 Amendments to the UCC, including UCC Article 12-Controllable Electronic Records and related amendments.
North Dakota: Senate Bill 2127, which would enact the Uniform Electronic Estate Planning Document Act, passed the Senate on 1/16/2025 and is pending in the House. The bill would authorize the use of electronic records, signatures, and notarizations for estate planning documents.
Emerging technology legislation (blockchain, distributed ledger technology, cryptocurrency, etc.)
Colorado: Senate Bill 81 was introduced on 1/23/2025 to authorize the state treasurer to use a security token offering for state capital financing.
Mississippi: House Bill 1590 was introduced on 1/20/2025 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. In addition, the bill prohibits the state from use of central bank digital currency or participating in tests of central bank digital currency.
Missouri: Senate Bill 614 was introduced on 1/23/2025 to authorize the state treasurer to invest in digital assets. The bill also adopts the Blockchain Basics Act, which 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.
Nebraska: Legislative Bill 526 was introduced on 1/22/2025 to impose an excise tax on electricity consumed by cryptocurrency mining operations.
Business organization legislation
Illinois: House Resolution 44 was introduced on 1/21/2025 to urge repeal of the beneficial ownership reporting requirements of the Corporate Transparency Act.
Mississippi: House Bill 1467 was introduced on 1/20/2025 to create a process for the occupant of residential property to have the address removed as a registered agent address listed with the secretary of state if the registered agent no longer resides at the address or it was used without the occupant’s permission. The bill would also increase the time limit from 10 to 30 days for the secretary of state to respond to the submitter following refusal to file a business organization document.
Mississippi: House Bill 1554 was introduced on 1/20/2025 to provide for possible amendments to the Mississippi Non-Profit Corporations Act.
New York: Assembly Bill 2588 was introduced on 1/21/2025 to authorize certain licensed professionals to form a professional service LLC to provide multidisciplinary services.
New York: Senate Bill 2555 was introduced on 1/21/2025 to amend the public authorities law to require disclosure of beneficial owner information for bidders and buyers for the disposition of public authorities property.
Wyoming: House Bill 47, which would authorize the secretary of state to charge expedited fees for filing of business organization, UCC, and other documents, passed the House on 1/23/2024.
Notary legislation
Connecticut: Senate Bill 1023 was introduced on 1/22/2025 to increase the maximum fee that a notary may charge for certain acts from $5 to $10.
Mississippi: House Bill 1154 and Senate Bill 2456 were introduced on 1/20/2025 to authorize and regulate the use of remote online notarization and remote ink notarization. These bills would also authorize certification of a tangible copy of an electronic document.
Mississippi: Senate Bill 2780 was introduced on 1/20/2025 to provide that a notary commission may be issued to a resident of another state who lives within 15 miles of the border of Mississippi for not less than 30 days immediately prior to the date of the application.
Real estate recording-related legislation
Arizona: Senate Bill 1209 was pre-filed on 1/21/2025 to limit the total number of single-family residences that a corporation, LLC, or affiliate of such entities may own to 5% of the total number available in any county. The bill also requires corporations, LLCs, and their affiliates to register with the securities division before purchasing a single family residence.
Florida: House Bill 213 and Senate Bill 322 were pre-filed on 1/21/2025 to allow a property owner or representative to have the sheriff immediately remove a person or persons unlawfully occupying residential or commercial property if certain conditions are met. Provides remedies for persons removed unlawfully from property and provides criminal penalties for those who unlawfully occupy property.
Iowa: House Bill 83 was introduced on 1/17/2025 to prohibit foreign governments from owning real property or agricultural land in the state.
Maryland: House Bill 560 and Senate Bill 489 were introduced on 1/23/2025 to prohibit a person from possessing or claiming a right to possess residential real property the person does not lawfully possess or own. The bills also provide an expedited process for the owner to remove such persons from the property.
Massachusetts: House Bill 3858 was introduced on 1/17/2025 to adopt the real estate title protection act. The bill would set time limits on recording of assignments of mortgage and certain deeds following execution. This appears identical to House Bill 854, which was reported last week.
Massachusetts: House Bill 4101 was introduced on 1/18/2025 to impose a 2% real estate transfer fee on the portion of the purchase price exceeding $1 million on the transfer of (i) any real property interest in property in the City of Cambridge; or (ii) a controlling interest in a trust, LLC, or other entity that holds an interest in real property located in Cambridge; or (ii) any interest subject to deed excise taxes. A nearly identical bill was introduced as House Bill 4278 on 1/21/2025.
Massachusetts: House Bill 4207 was introduced on 1/18/2025 to impose a 15% fee on the purchase price upon the transfer of any real property interest to a non-resident. The bill defines “non-resident” as a person who is not a citizen or national of the United States.
Massachusetts: Senate Bill 1957 was introduced on 1/17/2025 to provide that a town that has established certain types of affordable housing funds may impose a fee on certain transfers of real property.
Massachusetts: Senate Bill 2336 was introduced on 1/18/2025 to adopt the real estate title protection act. The bill would set time limits on recordation of assignments of mortgage and certain deeds following execution. This appears identical to House Bill 854, which was reported last week.
Mississippi: House Bill 790 was introduced on 1/16/2025 to clarify that the statutory protections available to tenants do not apply to trespassers who enter the property without the owner’s knowledge, permission, or contract.
Mississippi: House Bill 1200 was introduced on 1/20/2025 to enact the Real Property Owners Protection Act to provide a process and remedies for removal of squatters. The bill includes provisions related to fraudulent documents and other tactics used by squatters.
Mississippi: Senate Bill 2209 was introduced on 1/16/2025 to authorize a property owner to have the sheriff immediately remove a person or persons unlawfully occupying residential or commercial property if certain conditions are met. The bill would also provide remedies for persons removed unlawfully from property and provide criminal penalties for those who unlawfully occupy property. A series of similar bills were introduced the same day as Senate Bill 2307, Senate Bill 2326, and Senate Bill 2328.
Nebraska: Legislative Bill 476 was introduced on 1/21/2025 to provide an exemption to the prohibition on foreign ownership of real property.
Nebraska: Legislative Bill 622 was introduced on 1/22/2025 to increase the tax on the grantor executing a deed upon the transfer of title or beneficial interest in real estate from $2.25 to $2.55 per $1,000 in value or fraction thereof.
New Hampshire: Senate Bill 164 was introduced on 1/23/2025 to prohibit unfair service agreements and provide that the registrar of deeds may refuse to record an unfair service agreement.
New York: Assembly Bill 2626 was introduced on 1/21/2025 to increase the threshold for imposition of the mansion conveyance tax from $1 million to $2 million and provide that the threshold will hereafter be adjusted for inflation.
New York: Assembly Bill 2744 was introduced on 1/22/2025 to require that the department of taxation and finance develop a system that gives the clerk of each county under a certain size the ability to notify any interested party that a deed-related or mortgage-related document affecting such party’s interest in real property has been recorded.
New York: Assembly Bill 2745 was introduced on 1/22/2025 to provide protections for the victims of real property theft.
New York: Assembly Bill 3218 was introduced on 1/23/2025 to address suspected false or fraudulent conveyances. The bill provides (i) that a county clerk or city register shall not record a conveyance if the clerk or register has reason to believe the conveyance is false or fraudulent in any manner; (ii) authorizes the clerk or register to conduct reasonable investigation and, if the transaction is believed to be false or fraudulent, notify law enforcement; and (iii) requires the county clerk or city register to notify the buyer and seller of property of any investigation and the right of the parties to participate in the investigation.
North Dakota: House Bill 1586 was introduced on 1/20/2025 to eliminate foreclosure of tax liens for residential real property.
North Dakota: Senate Bill 2337 was introduced on 1/21/2025 to amend statutory provisions that prohibit ownership of real property by a foreign country of concern or a foreign organization of concern and required filings for foreign persons investing in agricultural lands.
Ohio: Senate Bill 5 was introduced on 1/22/2025 to provide for the expedited removal of unauthorized occupants from residential property and to prohibit the use and sale of fraudulent deeds.
Tennessee: House Bill 196 was introduced on 1/16/2025 to increase the penalties for the offense of conveyance by general warranty deed with knowledge of existing liens. A companion bill was introduced in the Senate as Senate Bill 216.
Texas: House Bill 1849 was introduced on 1/15/2025 to prohibit certain foreign entities and individuals from purchase or acquisition of real property in the state and from entering into certain contracts.
Utah: House Bill 295 was introduced on 1/22/2025 to provide that a municipality may hold a political subdivision lien for unpaid amounts owed for services provided by the municipality or a third-party to a customer in the municipality.
Virginia: Senate Bill 1424 was introduced on 1/16/2025 to prohibit any partnership, corporation, or real estate investment trust that manages funds pooled from investors and has $50 million or more in net value or assets under management from acquiring any interest in single-family homes and requires registration with the Secretary of the Commonwealth for any such business that acquired such interest prior to the effective date. The bill also requires any such business to divest at least 10 percent of such interest per year over a course of 10 years.
Wyoming: Senate Bill 6, which would prohibit the use of false property documents and provide for removal of unauthorized occupants with law enforcement assistance, passed the Senate on 1/21/2025.
Wyoming: Senate Bill 11, which addresses false documents, passed the Senate on 1/21/2025. The bill will make it a felony if 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 and legislation of interest
Massachusetts: House Bill 3762 was introduced on 1/17/2025 to authorize the state treasurer and public pension funds to invest in bitcoin and other stable digital financial assets. A similar bill, Senate Bill 2422, was introduced on 1/18/2025.
New Mexico: House Bill 130 was introduced on 1/10/2025 to adopt the Public Banking Act. The Act would establish The Public Bank of New Mexico.
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 website.
