National Conference of Commissioners on Uniform State Laws (NCCUSL)
May, 2008
By: E.M. Miller, Jr.
Uniform Law Commissioner
What is this incorrectly and lengthy titled international organization that dares to meet at the time as the NCSL annual meeting? The conference dates back to 1892 and "provides states with nonpartisan well-conceived and well-drafted legislation that brings clarity and stability to critical areas of the law." With these "good" bills in the hands of the states' legislatures, it is envisioned by the conference that their subsequent passage by the fifty states will "facilitate the movement of individuals and the business of organizations with rules that are consistent from state to state."
The constitution of NCCUSL requires each of its members to be licensed as an attorney in at least one state. These lawyers are representative of the private practice sector, the state and federal bench, law school faculty, and the director of each state's bill drafting agency. The conference gets its international title due to the fact that Puerto Rico and the Virgin Islands are participatory governments.
I count 161 differently titled model acts that have been drafted and recommended for passage by the conference. Many of these 161 acts have undergone multiple revisions or amendments. For example, the Probate Code has experienced 12 rewrites or amendments over the many years since its original enactment. The uniform act that the conference holds in greatest esteem is the Uniform Commercial Code (UCC). The UCC, the pillar of legal guidance for the business community, is guarded and under constant review by the conference.
Each member jurisdiction decides the appropriate number of commissioners to represent each government and the method and means of their appointment. Also, NCCUSL receives a major portion of its financial support from individual state appropriations. In addition, fees are collected from each member for attendance at the annual meeting of the conference. The conference is where a significant amount of the work for the final product on each bill takes place. Prior to the annual meeting, a study committee and subsequent thereto, a drafting committee, has spent untold hours putting a preliminary draft together for review at the annual meeting.
A good analogy for what takes place at an annual meeting is the typical work that takes place in your own Reviser of Statutes office, if your state has such an entity. In Virginia, a recodification of an entire statutory code title requires a rewrite of each code section, chapter by chapter. The Virginia Code Commission members review each section in each chapter until the title has been completely rewritten and reviewed. NCCUSL follows a similar process, reviewing each proposed draft at the annual meeting through a word by word analysis. At best, it is tedious and labor intensive work. At worst, this is not fun. The end product, however, is a well drafted bill that has been reviewed by many eyes and discussed through many mediums. The draft is read in its entirety at two annual meetings prior to a vote by the states as to whether the bill be adopted as a model act. This process, in brief, is what NCCUSL is all about. There are many other facets to the NCCUSL process for bill preparation, such as the Scope and Program committee review that determines whether the general subject matter under consideration is "ripe" for uniform law adoption.
Also, various drafting committees go through one or more years of labor to develop a preliminary draft of a bill prior to presentation at an annual meeting. All concerned parties and interest holders are gathered around the table for open discussions of various components of the bill draft, what it must contain and how it will operate from a practical point of view. This process not only produces a quality initial draft, but produces "buy in" from the "stakeholders and special interest groups."
"NCCUSL is a unique institution that is rooted in and created by state governments." Should you need information about NCCUSL not covered in this article, please contact me or visit the NCCUSL website at www.nccusl.org. The website also contains copies of bills currently under consideration and those previously adopted by the conference. If you ever have an opportunity to become part of this prestigious group, do not turn it down as it is an educational and rewarding experience.
Legislator and Legislative Staff Representatives to the NCCUSL
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Legislators: |
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Rep. Cam Ward |
Alabama |
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Sen. Dick Ackerman |
California |
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Sen. Ken Gordon |
Colorado |
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Rep. Anne McGihon |
Colorado |
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Rep. Ralph Foley |
Indiana |
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Sen. Vi Simpson |
Indiana |
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Rep. Michael R. O’Neal |
Kansas |
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Rep. Janice Pauls |
Kansas |
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Rep. David Law |
Michigan |
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Sen. Bruce Patterson |
Michigan |
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Rep. Gretchen Whitmer |
Michigan |
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Rep. William C. Horne |
Nevada |
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Sen. Cisco McSorley |
New Mexico |
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Rep. William Kretschmar |
North Dakota |
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Sen. Dave Nething |
North Dakota |
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Rep. Rex Duncan |
Oklahoma |
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Rep. Fausto C. Anguilla |
Rhode Island |
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Rep. Greg J. Curtis |
Utah |
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Sen. Lyle Hillyard |
Utah |
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Rep. David Cullen |
Wisconsin |
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Rep. Mark D. Gundrum |
Wisconsin |
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Sen. Fred A. Risser |
Wisconsin |
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Legislative Staff: |
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Jerry Bassett, Legislative Reference Service |
Alabama |
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Bob McCurley, Law Institute |
Alabama |
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Tamara Cook, Legislative Affairs Agency |
Alaska |
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Vincent Henderson, Bureau of Legislative Research |
Arkansas |
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Diane Boyer-Vine, Office of Legislative Counsel |
California |
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Brian Hebert, Law Revision Commission |
California |
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Charley Pike, Office of Legislative Services |
Colorado |
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Jim McKay, Office of the Attorney General |
District of Columbia |
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Sewell Brumby, Office of Legislative Counsel |
Georgia |
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Maurice Kato, Dept. of the Attorney General |
Hawaii |
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Ken Takayama, Legislative Reference Bureau |
Hawaii |
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Paige Parker, Legislative Services |
Idaho |
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Richard Edwards, Legislative Reference Bureau |
Illinois |
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John Stieff, Legislative Services Agency |
Indiana |
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Ann Zimmer, Legislative Research Commission |
Kentucky |
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William Crawford, Law Institute |
Louisiana |
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Jerry Guillot, State Senate |
Louisiana |
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Kerry Triche, Law Institute |
Louisiana |
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Margaret Matheson, Office of Revisor of Statutes |
Maine |
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John Strand, Legislative Services Office |
Michigan |
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Michele Timmons, Office of Revisor of Statutes |
Minnesota |
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Robert Davidson, Legislative Services Office |
Mississippi |
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William Neely, State Senate |
Mississippi |
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C.J. Richardson, Legislative Services Office |
Mississippi |
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Teresa Tiller, House Legislative Services Office |
Mississippi |
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Will Wilkins, Law Research Institute |
Mississippi |
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Patty Buxton, Commission on Legislative Research |
Missouri |
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Gregory Petesch, Legislative Services Division |
Montana |
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Joanne Pepperl, Office of Revisor of Statutes |
Nebraska |
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Brenda Erdoes, Legislative Counsel Bureau |
Nevada |
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Kevin Powers, Legislative Counsel Bureau |
Nevada |
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Bradley Wilkinson, Legislative Counsel Bureau |
Nevada |
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Paula Tackett, Legislative Council |
New Mexico |
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Jason Cooper, Legislative Bill Drafting Commission |
New York |
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Floyd Lewis, Dept. of Justice |
North Carolina |
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Jay Buringrud, Legislative Council |
North Dakota |
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Michael Burns, Legislative Services Commission |
Ohio |
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Sue Ann Derr, House of Representatives |
Oklahoma |
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Fred Morgan, Senate |
Oklahoma |
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Vincent DeLiberato, Legislative Reference Bureau |
Pennsylvania |
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Francisco Domenech, Office of Legislative Services |
Puerto Rico |
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John O’Connor, Office of Legislative Council |
Rhode Island |
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Steve Draffin, Legislative Council |
South Carolina |
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Jess Hale, Office of Legal Services |
Tennessee |
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Rita Arneil, Legislative Council |
Texas |
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Lisa Moorhead-Harris, Legislature |
U.S. Virgin Islands |
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Yvonne Tharpes, Legislature |
U.S. Virgin Islands |
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John Fellows, Office of Legislative Research |
Utah |
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Gay Taylor-Jones, Office of Legislative Research |
Utah |
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William Russell, Legislative Council |
Vermont |
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Jescey French, Division of Legislative Services |
Virginia |
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E.M. Miller, Division of Legal Services |
Virginia |
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Kyle Thiessen, Office of Code Revisor |
Washington |
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Terry Anderson, Legislative Council |
Wisconsin |
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Richard Champagne, Legislative Reference Bureau |
Wisconsin |
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Bruce Munson, Revisor of Statutes |
Wisconsin |
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