Statutory Updates
Arizona
Senate Bill 1328, which passed both chambers and was sent to governor May 15, would require recorders to reject nonconsensual liens. http://www.azleg.gov/FormatDocument.asp?inDoc=/legtext/48leg/1r/bills/sb1328c.htm
Arkansas
House Bill 2459 (Act No. 1411) signed by governor April 5 provides that notice of action to remedy shall be given by publication if an attachment, claim, encumbrance, financing statement, lien, mortgage or security agreement is filed against any real or personal property or any judgment is filed against any person, firm or corporation and does not contain name, address and telephone number of lien holder and person authorized to release lien.
http://www.arkleg.state.ar.us/ftproot/acts/2007/public/act1411.pdf
Colorado
House Bill 1113 (Session Law Chapter No.134) signed by governor April 16 modifies the information submitted for registration of motor vehicles. http://www.state.co.us/gov_dir/leg_dir/olls/sl2007a/sl_134.pdf
House Bill 1185 (Chapter No. 91) provides for an entity opening an account with a financial institution to submit a certificate of existence and authority.
http://www.state.co.us/gov_dir/leg_dir/olls/sl2007a/sl_91.pdf
Florida
Senate Bill 252/House Bill 151 enrolled May 3 would effective January 1, 2008 require LLC names to be distinguishable on the records of the Division of Corporations except for fictitious name registrations and general partnerships and with consent.
http://www.flsenate.gov/cgi-bin/view_page.pl?Tab=session&Submenu=1&FT=D&File=sb0252er.html&Directory=session/2007/Senate/bills/billtext/html
Senate Bill 2038/House Bill 747 creating Uniform Real Estate Property Electronic Recording Act was enrolled May 3.
http://www.flsenate.gov/session/index.cfm?BI_Mode=ViewBillInfo&Mode=Bills&SubMenu=1&Year=2007&billnum=2038
Georgia
Senate Bill 14, which passed House April 20 and was sent to governor May 3, changes sunset date for real estate or personal property filing fees.
http://www.legis.ga.gov/legis/2007_08/pdf/sb14.pdf
Hawaii
House Bill 1307 clarifying business registration requirements for foreign non-profit corporations and LLCs was sent to governor May 8.
http://www.capitol.hawaii.gov/sessioncurrent/bills/HB1307_HD2_.htm
Indiana
House Bill 1379 signed by governor May 10 amends fee that county recorder can charge a bulk user for bulk form copies.
http://www.in.gov/legislative/bills/2007/HE/HE1379.1.html
Senate Bill 229 (Public Law No. 77) signed by governor April 26 repeals uniform law http://www.capitol.hawaii.gov/sessioncurrent/bills/HB1307_HD2_.htmconcerning documentation and regulation of bulk sales.
http://www.in.gov/legislative/bills/2007/SE/SE0229.1.html
Iowa
House Bill 651 signed by governor May 9 and effective July 1, 2007 amends the business corporation act to permit reference to facts objectively ascertainable outside of a filed document or plan.
http://coolice.legis.state.ia.us/Cool-ICE/default.asp?category=billinfo&service=billbook&GA=82&hbill=HF651
Senate File 337 signed by governor April 23 and effective July 1, 2007
relates to information to be filed in the office of the county recorder.
http://coolice.legis.state.ia.us/Cool-ICE/default.asp?category=billinfo&service=billbook&GA=82&hbill=SF337
Kansas
House Bill 2283 signed by governor April 16 provides that delivery of surrendered title, application and fee perfects a security interest in a vehicle.
http://www.kslegislature.org/bills/2008/2283.pdf
Maryland
House Bill 1165 (Chapter No. 457) alters requirements for execution of charter documents by business trusts.
http://mlis.state.md.us/2007RS/chapters_noln/Ch_457_hb1165T.pdf
Nebraska
LB 368 which passed the legislature and was sent to the governor May 10 creates the Limited Cooperative Association Act.
http://uniweb.legislature.ne.gov/Apps/BillFinder/finder.php?page=view_doc&DocumentID=389
Nevada
Assembly Bill 5 signed by governor May 8 revises provisions relating to registration of certain motor vehicles.
http://www.leg.state.nv.us/74th/Reports/history.cfm?ID=21
Senate Bill 88 (Chapter 57) approved by governor May 14 and effective October 1, 2007 adopts the Uniform Real Property Electronic Recording Act.
http://www.leg.state.nv.us/74th/Reports/history.cfm?ID=247
Texas
HB752 passed both chambers and was sent to governor May 15 and upon signature would become effective September 1, 2007. The bill prohibits a paper document concerning real or personal property from being recorded or serving as notice unless the document contains original signatures or notary acknowledgment of signatures.
http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=80R&Bill=HB732 HB1447 signed by governor May 4 eliminates the requirement for railroad corporations to file articles of incorporation or amendments with the attorney general in addition to the Secretary of State.
http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=80R&Bill=HB1447
Federal
U.S. House Bill 2136, introduced May 3, would restrict the use of offshore tax havens and abusive tax shelters to inappropriate avoid federal taxation. Section 203 of the bill would provide for the Secretary of the Treasury to publish regulations requiring persons involved in forming new corporations, limited liability companies, partnerships, trusts or other legal entities to establish anti-money laundering programs.
Motor Vehicle Updates
FLORIDA
If a Lien Holder is being added to a Florida title and the Lien Holder is not registered with the state of Florida, a request must be submitted to the DMV on the Lien Holder's letterhead requesting they be added to the state's Lien Holder list.
KENTUCKY
The fee for obtaining a Duplicate Title has increased to $6.00.
PENNSYLVANIA
When an out-of-state address is requested for a leased vehicle, the Commonwealth of Pennsylvania Department of Transportation must determine who owns the registration plate to determine if Form MV-8 "Self Certification of Residency" is required.

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