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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

Legislators:

 

Rep. Cam Ward

Alabama

Sen. Dick Ackerman

California

Sen. Ken Gordon

Colorado

Rep. Anne McGihon

Colorado

Rep. Ralph Foley

Indiana

Sen. Vi Simpson

Indiana

Rep. Michael R. O’Neal

Kansas

Rep. Janice Pauls

Kansas

Rep. David Law

Michigan

Sen. Bruce Patterson

Michigan

Rep. Gretchen Whitmer

Michigan

Rep. William C. Horne

Nevada

Sen. Cisco McSorley

New Mexico

Rep. William Kretschmar

North Dakota

Sen. Dave Nething

North Dakota

Rep. Rex Duncan

Oklahoma

Rep. Fausto C. Anguilla

Rhode Island

Rep. Greg J. Curtis

Utah

Sen. Lyle Hillyard

Utah

Rep. David Cullen

Wisconsin

Rep. Mark D. Gundrum

Wisconsin

Sen. Fred A. Risser

Wisconsin

Legislative Staff:

 

Jerry Bassett, Legislative Reference Service

Alabama

Bob McCurley, Law Institute

Alabama

Tamara  Cook, Legislative Affairs Agency

Alaska

Vincent Henderson, Bureau of Legislative Research

Arkansas

Diane Boyer-Vine, Office of Legislative Counsel

California

Brian Hebert, Law Revision Commission

California

Charley Pike, Office of Legislative Services

Colorado

Jim McKay, Office of the Attorney General

District of Columbia

Sewell Brumby, Office of Legislative Counsel

Georgia

Maurice Kato, Dept. of the Attorney General

Hawaii

Ken Takayama, Legislative Reference Bureau

Hawaii

Paige Parker, Legislative Services

Idaho

Richard Edwards, Legislative Reference Bureau

Illinois

John Stieff, Legislative Services Agency

Indiana

Ann Zimmer, Legislative Research Commission

Kentucky

William Crawford, Law Institute

Louisiana

Jerry Guillot, State Senate

Louisiana

Kerry Triche, Law Institute

Louisiana

Margaret Matheson, Office of Revisor of Statutes

Maine

John Strand, Legislative Services Office

Michigan

Michele Timmons, Office of Revisor of Statutes

Minnesota

Robert Davidson, Legislative Services Office

Mississippi

William Neely, State Senate

Mississippi

C.J. Richardson, Legislative Services Office

Mississippi

Teresa Tiller, House Legislative Services Office

Mississippi

Will Wilkins, Law Research Institute

Mississippi

Patty Buxton, Commission on Legislative Research

Missouri

Gregory Petesch, Legislative Services Division

Montana

Joanne Pepperl, Office of Revisor of Statutes

Nebraska

Brenda Erdoes, Legislative Counsel Bureau

Nevada

Kevin Powers, Legislative Counsel Bureau

Nevada

Bradley Wilkinson, Legislative Counsel Bureau

Nevada

Paula Tackett, Legislative Council

New Mexico

Jason Cooper, Legislative Bill Drafting Commission

New York

Floyd Lewis, Dept. of Justice

North Carolina

Jay Buringrud, Legislative Council

North Dakota

Michael Burns, Legislative Services Commission

Ohio

Sue Ann Derr, House of Representatives

Oklahoma

Fred Morgan, Senate

Oklahoma

Vincent DeLiberato, Legislative Reference Bureau 

Pennsylvania

Francisco Domenech, Office of Legislative Services

Puerto Rico

John O’Connor, Office of Legislative Council

Rhode Island

Steve Draffin, Legislative Council

South Carolina

Jess Hale, Office of Legal Services

Tennessee

Rita Arneil, Legislative Council

Texas

Lisa Moorhead-Harris, Legislature

U.S. Virgin Islands

Yvonne Tharpes, Legislature

U.S. Virgin Islands

John Fellows, Office of Legislative Research

Utah

Gay Taylor-Jones, Office of Legislative Research

Utah

William Russell, Legislative Council

Vermont

Jescey French, Division of Legislative Services

Virginia

E.M. Miller, Division of Legal Services

Virginia

Kyle Thiessen, Office of Code Revisor

Washington

Terry Anderson, Legislative Council

Wisconsin

Richard Champagne, Legislative Reference Bureau

Wisconsin

Bruce Munson, Revisor of Statutes

Wisconsin

 

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