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Friday, March 18, 2005

... and Arkansas Makes Eight (and Counting)

Arkansas's version of Revised Article 1 -- formerly HB 1497, now Act 856 -- has become law.  Act 856 includes the uniform R1-201(b)(20) "good faith" definition (bringing the running tally to four states that have adopted uniform R1-201(b)(20) and four states that have retained the definition from pre-revised 1-201(19)) but rejects uniform R1-301 in favor of language tracking pre-revised 1-105.  (As such, uniform R1-301 is now 0-for-8.)

Elsewhere, New Mexico HB 834 passed the Senate unanimously and has been transmitted to the Governor.  Like Arkansas Act 856, New Mexico HB 834 includes the uniform R1-201(b)(20) "good faith" definition and rejects uniform R1-301 in favor of language tracking pre-revised 1-105.

More than a month after Oklahoma HB 2028 had been introduced, the Oklahoma House Judiciary Committee adroitly "substituted" a comprehensive Article 1 revision for the original version of HB 2028, which only proposed amending pre-revised 1-102  (If you don't believe me, go to http://www.lsb.state.ok.us/, click on "Text of Measures," and compare the texts of the "Introduced" version of HB 2028 and the "Committee Substitute" version.), and recommended its passage.  The House passed an amended version of the committee substitute on March 16th, engrossed it, and sent it to the Senate for its consideration.  Engrossed HB 2028 also includes the uniform R1-201(b)(20) "good faith" definition and rejects uniform R1-301 in favor of language tracking pre-revised 1-105.

And, the Nebraska Legislature has advanced LB 570 (as amended by AM 229 and AM 7027) for engrossment.  The amended version of LB 570 referred for engrossment rejects both uniform R1-201(b)(20) and uniform R1-301 in favor of language tracking pre-revised 1-201(19) and 1-105, respectively.  (Prior to being amended, LB 570 included uniform 1-201(b)(20), but did not include uniform 1-301.  See here.)

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