An Introduction to the Uniform Law Commission
By Mark J. Cutrona
What is the Uniform Law Commission?
For well over a century, the Uniform Law Commission (ULC) has served the states and their citizens by drafting state laws on subjects on which uniformity across the states is desirable and practicable. It is a nonprofit unincorporated association comprised of state commissioners from each state, the District of Columbia, the Commonwealth of Puerto Rico, and the U.S. Virgin Islands.
Now in its 132nd year, the ULC is the nation's oldest state governmental association. A nonpartisan, volunteer organization, the ULC is the source of more than 300 acts that secure uniformity of state law when differing laws would undermine the interests of citizens throughout the United States.
How are Uniform Law Commissioners Appointed?
Every ULC commissioner must be an attorney. Each jurisdiction determines the method of appointment and its number of commissioners. In most states, the governor appoints the state's commissioners to serve a specified term. In a few states, ULC commissioners serve at the will of the appointing authority and have no specific term.
ULC commissioners are volunteers who do not receive salaries or other compensation for their public service.
What is a Uniform Law?
The Uniform Law Commission drafts uniform acts for the states to consider and enact. A uniform act is one that seeks to establish the same law on a subject among the various jurisdictions. When the term "uniform" is used in the nation's laws, it is highly likely that the ULC drafted the act.
The ULC also promulgates "model" acts. An act may be designated as "model" if the act's principal purposes can be substantially achieved even if the act is not adopted in its entirety by every state.
What benefits does the Uniform Law Commission provide?
The ULC's work simplifies individuals' lives and facilitates business transactions by providing consistent rules and procedures from state to state. Every day, when a person conducts business, enters a contract, makes a purchase or sale, obtains or transfers property, or takes care of a family matter, it is likely that a law drafted by the ULC applies.
The ULC serves the states by providing carefully considered and written legislation; at the same time, the ULC strengthens the federal system by helping states enact excellent legislation in legal areas that are the responsibility of the states, not the federal government.
What kinds of legal issues does the ULC address?
Since the ULC first convened in 1892, it has produced more than 300 uniform acts. These acts focus on commercial law, family and domestic relations law, estates, probate and trusts, real estate, alternate dispute resolution, and much more.
Among the ULC's most widely adopted acts are the Uniform Commercial Code, the Uniform Anatomical Gift Act, the Uniform Trade Secrets Act, the Uniform Child Custody Jurisdiction and Enforcement act, the Uniform Interstate Family Support Act, the Uniform Electronic Transactions Act, the Uniform Transfers to Minors Act, and the Uniform Fiduciary Access to Digital Assets Act.
How are subjects for new ULC acts selected?
The ULC Committee on Scope and Program welcomes proposals from state bars, state government entities, private groups, uniform law commissioners and private individuals. The committee may assign a proposal to a Study Committee, which researches the topic and decides whether to recommend that an act be drafted.
The Committee on Scope and Program reviews all Study Committee recommendations and delivers its own recommendations to the ULC's Executive Committee.
An approved recommendation leads to creation of a ULC Drafting Committee. A "Reporter" (drafter)-an expert in the field of law-is retained. Advisors from the American Bar Association and observers from interested organizations and other entities are invited to assist on every Drafting Committee.
How is an act drafted?
ULC procedures ensure meticulous consideration of every act. Each draft act is published on the ULC website for comment and receives a minimum of two years of consideration. Drafting committees meet throughout the year in an open process that draws on the expertise of state-appointed commissioners, legal experts and advisors and observers.
How does an act receive final ULC approval?
Draft acts are submitted for initial debate of the entire Uniform Law Commission at a ULC annual meeting. The ULC commissioners sit as a Committee of the Whole and closely consider each act in a deliberative setting. Each act must be considered section by section at no less than two annual meetings.
Once the ULC Committee of the Whole approves an act at an annual meeting, the final step is a vote by the states, with each state having one vote. A majority of the states present, and no fewer than 20 states, must vote to approve an act before it is officially approved.
What happens after an act receives final ULC approval?
Upon final approval, ULC uniform acts are reviewed by the Style Committee, published, and then submitted to state legislatures for consideration and enactment.
What is the Style Committee?
The Style Committee revises all uniform acts as to phraseology and style, but without altering meaning or context. The Style Committee reviews acts submitted to it by Drafting Committees throughout the drafting process, with a final review of all acts after they are finally approved by the ULC. The Style Committee also periodically reviews the ULC's Drafting Rules for Uniform and Model Acts and makes recommendations concerning the rules.
What assistance can the ULC provide to help enact uniform acts?
The ULC can provide many legislative resources to help states enact uniform acts, including:
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Enactment kits for each uniform and model act (includes a summary and talking points).
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Custom comparisons of uniform acts to a state's existing law on the topic.
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Redlining and analysis of bills based on uniform acts.
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Bill tracking and reporting.
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Press releases, op-eds, and other promotional materials.
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Webinars and CLE presentations (all past webinars are archived here).
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Testimony for legislative committee hearings.
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Experts for legislative committee hearings.
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Coalition building with stakeholders.
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Consulting on potential variations from uniform language in bills.
How do I contact ULC staff for help with a uniform act?
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Kaitlin Wolff, legislative program director - [email protected] | (312) 450-6615
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Civil Law
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Consumer Protection
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Personal Property
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Ben Orzeske, chief counsel - [email protected] | (312) 450-6621
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Uniform Commercial Code
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Elder Law
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Trusts and Estates
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Libby Snyder, legislative counsel - [email protected] | (312) 450-6619
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Kari Bearman, legislative counsel - [email protected] | (312) 450-6617
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Jane Sternecky, legislative counsel - [email protected] | (312) 450-6622
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Real Property
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Criminal Law
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Lindsay Beaver, legislative counsel - [email protected] | (312) 450-6618
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International Law
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Military Issues
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Haley Tanzman, legislative counsel - [email protected] | (312) 450-6620
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Health Law
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Electronic Transactions
What are the ULC's recent achievements?
The ULC, working in conjunction with the ALI, continues its decades-long project to keep the Uniform Commercial Code (UCC) up-to-date and in line with modern commercial practices. A Joint ULC/ALI Committee on the UCC and Emerging Technologies recently finished drafting a set of UCC amendments to accommodate recent technological developments.
At its most recent annual meeting in July 2023, the ULC approved five new uniform acts: the Uniform Health-Care Decisions Act (2023), the Uniform Special Deposits Act, the Uniform Consumer Debt Default Judgments Act, the Uniform Unlawful Restrictions in Land Records Act, and the Model Public Health Emergency Authority Act. Descriptions and copies of these acts are available at www.uniformlaws.org.
The ULC currently has committees drafting acts on Commercial Financing Disclosures, Mortgage Modifications, Judicial Interview Procedures for Children, Virtual Currency Consumer Protections, and many other subjects. For a complete list of all current ULC projects, please visit the ULC website linked above and click on the "projects" tab.
Mark J. Cutrona is the Director, for the Division of Research, Delaware General Assembly
2023 RELACS Legislative Exchange Program Recap
By Misty Mason Freeman
In 2023, RELACS launched its inaugural Legislative Exchange Program cohort. Three staffers-a policy analyst, a research analyst, and a senior staff attorney-went on the road to learn about nonpartisan services in another state.
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Julie Humberstone, a policy analyst with the Utah Office of Research and General Counsel, visited the Minnesota Senate and House of Representatives
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Brian Fuller, a senior staff attorney with the Wyoming Legislative Service Office, visited the Wisconsin Legislative Council
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Erin Sullivan, a research analyst with the Montana Legislative Services Division, visited the Oregon Legislative Policy and Research Office
The participants shared that they were impressed by the professionalism of their counterparts and enjoyed learning about the similarities and differences between state legislatures and the roles of the nonpartisan offices serving them. Participants experienced different approaches to committee administration, bill drafting, supplying background research, supporting legislators with subject matter expertise, and more, which gave them ideas to take back and try in their own states. They also shared their own innovative approaches with host states.
Participants had the opportunity to meet others grappling with the same challenges and broaden their network of thought partners for the future. From staff who do the same work to subject matter experts who complement their work, they now have people to email or call in the future.
Applications Open for the 2024 Legislative Exchange Program:
Looking for an opportunity to expand your professional network and grow your skills as a nonpartisan legislative staffer? The RELACS Legislative Exchange Program is your chance!
The program allows participants to work with a host state to design a visit of three to four days tailored to the goals and learning objectives of the visiting staffer.
If you are seeking an experience specially tailored to your professional development goals, the Legislative Exchange Program is for you. Bring your curiosity, and be ready to learn, share your own lessons learned, and grow your professional network.
For more details on qualification requirements, please see the LEP application.
RELACS Legislative Exchange Program: Host States
RELACS will provide this opportunity again in 2024. This an excellent professional development opportunity for legislative staffers. Participants will spend a few days with another legislature's legislative services office to learn about similarities and differences between the states. The goal of the program is to familiarize participants with all aspects of their host legislature, with an emphasis on their job specialization. In addition to offering hands-on training, the exchanges facilitate the sharing of ideas and innovations between state legislatures, with the host offices and exchange participants learning from each other.
We are compiling a list of legislative service offices (research, drafting, legal, committee and editing) willing to host a participant in 2024. The financial cost is minimal or nonexistent for host offices, and it is a win-win experience for both the host and selected participant. This is an opportunity for a legislative staffer to visit your capital city and learn more about your state.
"Hosting a research analyst from a different state was a rich experience for our team, allowing us to showcase and celebrate our work and innovations. In tailoring the experience to the person's professional goals and in the debrief after, we were also able to learn about their office's approach," said Misty Mason Freeman, director, Oregon's Legislative Policy and Research Office. "We are eager to host again!"
If you are willing to host a participant in 2024, please complete this host form by Sept. 30, 2024.
Misty Mason Freeman is the director of the Legislative Policy and Research Office, Oregon.
RELACS Communication Platform
The primary avenue for information on RELACS meetings and the newsletter is the new RELACS Communications Platform. It's your source for the latest discussions on statute revision and publication, onboarding new staff, bill drafting software and bill markup.
The RELACS platform is set up for weekly digests. However, you may want to change your notifications to daily when we get closer to the meeting season.
Not sure how to use the platform?
- Make certain you know your NCSL login and password.
- Visit ncsl.org and log in to your account.
- In the address bar, navigate to groups.ncsl.org. NCSL's server will ask you for permission to access our database to verify you work for a legislature. You should see the RELACS logo. If you don't, please contact Kae Warnock for assistance.