Laguna Beach, CA PowerPoint by fsb96139


									ABA RPTE 2009 Fall Leadership Conference

         November 20, 2009
        Laguna Beach, California
          Uniform Laws Topics
• Uniform Laws 101 – Kieran P. Marion
• Uniform Real Property TOD Act – Dennis Horn
• Uniform Partition of Inherited Property Act –
  Steven Eagle
• Uniform Assignment of Rents Act – Ira Waldman
• Uniform Law Enforcement Access to Entity
  Information Act – Barry Nekritz
• Harmonization of Business Entity Acts – Barry
   The Uniform Law Commission (NCCUSL)

• The Uniform Law Commission (ULC), also
  know as the National Conference of
  Commissioners on Uniform State Laws
  (NCCUSL), is:
  – The oldest state governmental association in
    existence. Since 1892, it has fulfilled a primary
    role in the improvement of state law.
  – An organization of legal professionals and officials
    devoted to the improvement of state law.
    The Uniform Law Commission (NCCUSL)

• Comprised of individual uniform law commissions from
  all 50 states, DC, Puerto Rico, and the US Virgin Islands.
• Currently, well over 300 attorneys serve, who fall
  generally into the following categories:
   – Private Practitioners
   – Governmental Lawyers
   – Judges
   – Educators
   – Legislators (many of whom are also educators or
      private practitioners)
     Uniform Law Commission Goals
• Support the federal system and state independence
  while still providing for laws and procedures that are
  consistent from state-to-state through Uniform and
  Model Acts.
• Reduce pressure for federal preemption due to
  inconsistent state law in key areas.
• Keep state law up-to-date by addressing important
  and timely legal issues.
• Facilitate economic development and provide a legal
  platform for foreign entities to deal with U.S. entities.
    The Uniform Law Commission (NCCUSL)

• ULC Commissioners donate thousands of hours of time
  and legal and drafting expertise every year as a public
• Commissioners receive no salary or compensation for
  their work.
• Commissioners represent their states by:
   – Serving on ULC study, drafting, and other
   – Representing their states at the ULC Annual
   – Carrying Uniform and Model Acts back to their
     states and assisting the legislatures in their passage.
   The Uniform Law Commission (NCCUSL)

• Each state determines the method of
  appointment for its commissioners.
• Almost all states appoint members pursuant
  to an appointing statute, and appointing
  authorities vary (e.g. Governor, Legislature).
• ULC rules, and many statutes, allow for “life
  members” and Associate Commissioners
  (usually the head of a drafting agency or LRC).
   The Uniform Law Commission (NCCUSL)

• Primary focus on: real property; probate and
  estates; family law; business organizations;
  health law; and conflicts of law.
• Very few “regulatory acts.”
• Important acts include the Uniform
  Commercial Code, Uniform Limited
  Partnership Act, Uniform Electronic
  Transactions Act, UPMIFA, and the Uniform
  Limited Liability Company Act.
      Drafting Uniform and Model Acts

• Deliberative drafting process draws on the
  expertise of commissioners.
• The drafting process also combines the
  expertise and input from legal experts,
  advisors, and observers representing the
  views of constituencies interested and
  affected by the proposed act.
      Drafting Uniform and Model Acts

• A proposal is submitted to the Scope &
  Program Committee, which reviews all
• Scope may recommend to the ULC Executive
  Committee that a drafting committee be
  appointed or that further study should occur.
• If the Executive Committee accepts the
  recommendation, the President may appoint
  either a Study or Drafting Committee.
      Drafting Uniform and Model Acts

• The standard for proposed uniform acts is
  “the subject … shall be such that uniformity of
  law among States will produce significant
  benefits to the public through improvements
  in the law … or will avoid significant
  disadvantages likely to arise from diversity of
  state law.”
       Drafting Uniform and Model Acts

• Historically, uniform acts should:
  – Facilitate the flow of commercial transactions
    across state lines.
  – Resolve conflict of laws problems.
  – Provide reciprocity of rights and remedies
    between the states and their residents.
  – Meet emergent legal needs, modernize
    antiquated legal concepts, and codify enhanced
    common law concepts.
      Drafting Uniform and Model Acts

• Drafting Committee members are appointed
  by the President from among the
• A Reporter for the act is usually recruited,
  generally a scholar or practitioner with
  credentials in the particular area of law.
• The American Bar Association, by agreement
  between the ABA and ULC, appoints Advisors
  to the Committee.
       Drafting Uniform and Model Acts

• Drafting Committees typically meet over long
  weekends. Issues are identified, policies are
  debated, and drafts are critiqued and shaped.
• Meetings are open to anyone who wants to
  participate. Committees actively seek to
  identify and invite all interests to participate.
• A Drafting Committee typically works for a
  minimum of two years before an act is put to
  a final vote of the whole ULC.
        Drafting Uniform and Model Acts

• Notices of committee meetings and drafts are sent to
  anyone upon request.
• Those who don’t desire to attend or participate are
  invited and encouraged to submit written commentary.
• ULC’s website maintains calendars and allows
  committees to establish bulletin boards and listserves.
• Final committee decisions are made by committee
  members, but advisors and observers actively
  participate and provide input to help shape the
  proposed uniform act.
     Annual Meeting Consideration of Acts

• ULC Annual Meeting is 9 days of intensive work and
  debate in July/August.
• Each Drafting Committee must read and defend its
  act, in its entirety, before the entire body of the ULC
  during at least two annual meetings before the act is
  put to a vote by the states for final promulgation.
• Completed ULC acts are also submitted to the ABA
  House of Delegates following approval by ULC and
  completion of all internal editing.
   JEB Uniform Real Property Acts
• American Bar Association (Barry B. Nekritz, Rod Clement)
• American College of Real Estate Lawyers (Ira J. Waldman, Ann
  M. Burkhart)
• American College of Mortgage Attorneys (Mark A. Manulik)
• Community Association Institute (Robert M. Diamond)
• Uniform Law Commission (William R. Breetz, Jr., Barry C.
  Hawkins, Division Chair)
• Executive Director – R. Wilson Freyermuth, University of
• Chair – Carl H. Lisman, Uniform Law Commission and Lisman,
  Webster & Leckerling PC
• For more information, or an update on any of these
  acts, please contact:

              Uniform Law Commission

                  Kieran P. Marion

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