Drafting Committees

Uniform Law Commission (ULC) drafting committees consist of a chair, several ULC commissioners from various states, and a reporter (usually a law professor with expertise in the subject matter). Every ULC drafting committee is also assigned an ABA advisor, who represents the ABA as a whole, and frequently one or more ABA section advisors, who represent particular ABA entities. Other interested groups are also invited to send representatives, known as “observers.”   ULC drafting meetings are open to the public, everyone at a drafting meeting is encouraged to participate fully in the discussion, and all of our drafts are available on the ULC website. ULC drafting committees typically meet three times a year (two substantive drafting committee meetings and a presentation of the draft for line-by-line reading and debate at the ULC Annual Meeting) for at least two years.

Alternatives to Bail Committee  

The Alternatives to Bail Drafting Committee will draft state legislation addressing alternatives to bail in the criminal justice system. Money bail is one of the tools used by courts to ensure that a person accused of committing a crime will return to court for trial and is common in most places throughout the U.S. Among matters that have been suggested to the Drafting Committee to consider are: the encouragement of the use of citations in lieu of arrest for minor offenses; early appointment of counsel; implementation of pretrial risk assessment screening, and individualized determinations of release or detention; prohibiting the use of money bail as a mechanism to trigger preventative detention; and limiting the use of preventative detention.

 

Collection and Use of Personally Identifiable Data Committee  

This drafting committee will draft a uniform or model law addressing the collection and use of personally identifiable data, including provisions governing the sharing, storage, security, and control of the personal data of others. The collection and use of personal data are important features of our modern economy, but raise significant issues of privacy and control. A uniform or model act on this subject would serve as a comprehensive legal framework for the treatment of data privacy.

 

Common Interest Ownership Act and the Uniform Condominium Act Committe ...  

This drafting committee will develop revisions to the Uniform Common Interest Ownership Act (UCIOA) and the Uniform Condominium Act (UCA). UCIOA deals comprehensively with the complex issues posed in condominiums, cooperatives, and planned communities – the three forms of real estate ownership in which multiple persons each own a separate parcel of real estate, and all those persons collectively own other parcels of real estate in common. The ULC has devoted substantial resources for more than 50 years to the regulation of these forms of shared real estate ownership and has a significant interest in making sure that both UCIOA and UCA are kept up to date.

 

Disposition of Community Property Rights at Death Committee  

This drafting committee will revise the Uniform Disposition of Community Property Rights at Death Act, originally promulgated in 1971 and adopted in 16 states. The act provides rules for disposing of a decedent’s property, originally acquired as community property, when the decedent’s estate is probated in a non-community property state. This act is intended to be enacted only in common-law property states. The Joint Editorial Board for Uniform Trust and Estate Acts recommended updating the act to address recent legal developments.

 

Easement Relocation Committee  

This committee will draft a law addressing the circumstances and conditions under which a non-utility easement may be relocated.

 

Economic Rights of Unmarried Cohabitants Committee  

The Drafting Committee on Economic Rights of Unmarried Cohabitants will draft a uniform or model law to standardize the economic rights of unmarried cohabitants. The rate of nonmarital cohabitation within the U.S. is increasing, but there is no consistent legal doctrine among the states for division of jointly acquired property when cohabitants break up or when one cohabitant dies. Instead, courts must resolve disputes on a case-by-case basis.

 

Electronic Registry for Residential Mortgage Notes Committee  

The Drafting Committee on Electronic Registry for Residential Mortgage Notes will, if necessary, develop a uniform electronic registry for residential mortgage notes that will be national in its effect, taking into account the appropriate relationship between the registry and other law. The development of securitization as a common practice with regard to residential mortgage notes has created the need for a more efficient and less costly means than the current paper-based rules of UCC Article 3 to identify who is entitled to enforce a residential mortgage note and how the debt evidenced by the note is transferred.

 

Fundraising Through Public Appeals Committee  

Crowdfunding is the practice of raising funds via the internet, through web sites designed for that purpose. When the amount of funds raised is large, certain legal issues can arise involving the management and use of funds, particularly when the total funding exceeds the amount needed to accomplish the stated goal. The committee is drafting an act to address these issues.

 

Public Participation Protection Act Committee  

The Anti-SLAPP Drafting Committee will draft an Anti-SLAPP Act (the acronym SLAPP stands for “strategic lawsuits against public participation”). The drafting committee will address the breadth of the act; limitations, if any, to be imposed after a motion to strike is made; the standard of review relating to the motion to strike; appeal rights from the grant or denial of a motion to strike; and whether the court should award attorney’s fees and costs.

 

Registration and Licensing of Direct-to-Consumer Sales of Wine and the ...  

This committee will draft a uniform or model law addressing registration and licensing of the direct sale of wine to consumers and the prevention of illegal sales. Currently, more than 40 states permit direct-to-consumer (DTC) sales of wine, though few existing DTC statutes adequately address compliance with other registration, reporting, or tax requirements, and most existing statutes do not adequately address sales to persons who are prohibited from purchasing alcohol.

 

Tort Law Relating to Drones Committee  

The Drafting Committee on Tort Law Relating to Drones is working on a uniform law addressing tort liability and defenses uniquely associated with the use of aerial drones. Issues under consideration include acquisition of private information of another by improper means, disclosure or use of private information obtained by improper means without consent, trespass by drone, nuisance by drone, self-help and defense of others, and tort action by any party, including a drone owner operator damaged by tortious behavior which includes the use of an unmanned vehicle.

 

Tribal Probate Code  

The Committee for a Tribal Probate Code is collaborating with representatives of Tribal governments and others from Indian Country to draft a Model Tribal Probate Code that would supplement the American Indian Probate Reform Act (AIPRA) so as to be consistent with AIPRA and also better fulfill the purposes of both AIPRA and the Indian Land Consolidation Act. The AIPRA provides very limited legislation concerning probate issues in Indian Country.

 

Unregulated Transfers of Adopted Children Committee  

Unregulated transfers of adopted children occur when adoptive families give their adopted child to another person/family outside of the courts and the child welfare system. The transfer is typically made with a power of attorney. Without specific regulations directed at this occurrence, a transfer of custody of an adopted child might go unnoticed within the child welfare system. This committee will draft a uniform or model law to prohibit the unregulated transfer of all adopted children, and require that information, training, and support be provided to intended parents in all high-risk adoptions.