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Legislative Developments
June 10, 2024

Article 9 and lien-related legislation

No developments to report.

Other uniform laws legislation (includes the 2022 amendments to the Uniform Commercial Code (UCC) with UCC article 12-Controllable Electronic Records)

Pennsylvania: Senate Bill 1084, which would enact the 2022 Amendments to the UCC, including UCC Article 12-Controllable Electronic Records, and related amendments, passed the Senate on 6/5/2024 and is now pending in the House.

Rhode Island: House Bill 7210, which would enact the 2022 Amendments to the UCC, including UCC Article 12-Controllable Electronic Records, and related amendments, passed the Senate on 6/4/2024 and is pending delivery to the governor.

Rhode Island: Senate Bill 2781, which would enact the 2022 Amendments to the UCC, including Article 12-Controllable Electronic Records and conforming amendments, passed the House on 6/5/2024 and is pending delivery to the governor.

Emerging technology legislation (blockchain, distributed ledger technology, cryptocurrency, etc.)

Louisiana: House Bill 488, which would adopt the Blockchain Basics Act, passed out of conference committee on 6/3/2024. This bill would (i) prohibit any agency or political subdivision of the state from accepting or requiring payment using a central bank digital currency; (ii) limit state and local government ability to regulate the use of digital asset storage and use as a method of payment; (iii) establish that it is legal to participate in home digital asset mining; (iv) limit the ability of state and local government to regulate digital asset mining; and (v) exempt digital asset mining services from licensing as a money transmitter and securities and investment laws. The bill is now pending delivery to the governor.

Business organization legislation

Connecticut: The governor signed Senate Bill 428 on 6/4/2024 to revise business registration requirements for filing with the secretary of state. Among other changes, this law requires businesses to provide a valid email address to the secretary of state and allow the secretary of state to provide certain notices to businesses by email instead of by registered or certified mail as provided by current law. It also prohibits the use in advertising by a business of an assumed name that suggests a business is located in a municipality unless it is actually located there. The new law takes effect on 1/1/2025.

Notary legislation

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, passed the Senate on 6/5/2024 and is pending delivery to the governor.

Real estate recording-related legislation

Colorado: The governor signed House Bill 1269 on 6/4/2024 to increase the recording fee a clerk may charge. The new law increases the fee for filing or recording a document from $10 to $40, unless a different fee for the type of document is specified by law. The new law took effect immediately for documents recorded after the governor signed the bill.

Colorado: The governor signed House Bill 1443 on 6/6/2024 to increase the fees a public trustee may charge. The new law doubles the fees that a public trustee may charge for performing most functions or exercising certain powers conferred on them by statute. There are some exceptions for releasing a deed of trust and conducting a public foreclosure online. The new law takes effect on 7/1/2024.

Connecticut: The governor signed Senate Bill 201 on 6/4/2024 to prohibit the recording of unfair real estate listing agreements. The new law takes effect on 7/1/2024.

Rhode Island: House Bill 7867, which would require the recording of condominium bylaws and rules of the association, passed the Senate with amendments on 6/6/2024. The bylaws and rules would have to be recorded in the land evidence records of the city or town where the condominium is located and require amendments to the original filings to be certified by two (2) or more members of the executive board. The bill is pending concurrence in the House.

Other items and legislation of interest

Louisiana: House Bill 380, which would require the Louisiana Clerks’ Remote Access Authority (LCRAA) to develop a statewide integrated electronic filing system, passed out of conference committee on 6/3/2024 and is pending delivery to the governor.

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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.