Uniform Act
Encyclopedia
In the United States
, a Uniform Act is a proposed state law
drafted by the U.S. Uniform Law Commission (ULC) and approved by its sponsor, the National Conference of Commissioners on Uniform State Laws
(NCCUSL).
Federalism in the United States under the Constitution
grants only limited lawmaking power to the federal government
, because in U.S. federalism, the states are regarded as the plenary
sovereign
s. All powers not explicitly granted to the federal government in the Constitution are reserved to the governments of the separate states under the Tenth Amendment
, which means that states are free to enact their own unique laws on anything not within the purview of federal preemption
. At the same time, in certain areas of law that are regularly litigated across state lines, it is desirable to have a predictable and relatively uniform set of laws in each state. Therefore, the states have passed laws dealing with a variety of legal issues that are identical or very similar in terms of their content. These are known as "Uniform Acts."
Such laws are distinct from interstate compact
s.
Among the most influential uniform acts are the Uniform Commercial Code
, Uniform Probate Code
, Uniform Trust Code, Uniform Partnership Act
, Uniform Limited Liability Company Act
, Uniform Transfers to Minors Act
, Uniform Certification of Questions of Law Act, Uniform Enforcement of Foreign Judgments Act, Uniform Controlled Substances Act
, Uniform Arbitration Act
, Uniform Environmental Covenants Act
, Uniform Conservation Easements Act, Uniform Management of Institutional Funds Act, Uniform Interstate Family Support Act
, Uniform Child Custody Jurisdiction and Enforcement Act
, and Uniform Anatomical Gift Act
. However, there are well over 100 uniform acts. NCCUSL periodically updates these acts. Recent examples include the Revised Uniform Anatomical Gift Act, Revised Uniform Arbitration Act, Revised Uniform Partnership Act, Revised Uniform Limited Liability Company Act, and the Uniform Prudent Management of Institutional Funds Act
. The NCCUSL website should be consulted for the latest uniform acts or revisions thereof.
A state may adopt a uniform act as written by NCCUSL, or a state may adopt it with specific changes. Unless such changes are minor, they can seriously obstruct the goal of the uniform acts of promoting uniformity of law among the various states. Therefore, persons doing business in different states must always still check local law to ensure that (1) a uniform act was enacted in the state that governs a particular legal issue and (2) the local act actually conforms to the text promulgated by NCCUSL.
For example, in Payne v. Stalley, a lawyer relied on the official text of the Uniform Probate Code
and failed to check the relevant Florida
statute. As a result, the lawyer missed a filing deadline on a multi-million dollar claim. The court wrote, "[w]e cannot rewrite Florida probate law to accommodate a Michigan
attorney more familiar with the Uniform Probate Code
."
, which seeks to harmonize state criminal law statutes, is in effect a uniform act but it was developed by the American Law Institute
and not the NCCUSL.
, intended to be used by states as a template when drafting their own legislation governing auctions and auctioneers.
Other notable non-NCCUSL model laws include the Model State Emergency Health Powers Act
, the Model Business Corporation Act
, and the UNCITRAL Model Law on International Commercial Arbitration
. The Federal Rules of Civil Procedure
were intended to serve as a kind of model civil procedure system for the states, and have been adopted to some extent in 35 of them.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, a Uniform Act is a proposed state law
State law
In the United States, state law is the law of each separate U.S. state, as passed by the state legislature and adjudicated by state courts. It exists in parallel, and sometimes in conflict with, United States federal law. These disputes are often resolved by the federal courts.-See also:*List of U.S...
drafted by the U.S. Uniform Law Commission (ULC) and approved by its sponsor, the National Conference of Commissioners on Uniform State Laws
National Conference of Commissioners on Uniform State Laws
The National Conference of Commissioners on Uniform State Laws is a non-profit, unincorporated association commonly referred to as the U.S. Uniform Law Commission. It consists of commissioners appointed by each state, the District of Columbia, the Commonwealth of Puerto Rico and the United States...
(NCCUSL).
Federalism in the United States under the Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
grants only limited lawmaking power to the federal government
Federal government of the United States
The federal government of the United States is the national government of the constitutional republic of fifty states that is the United States of America. The federal government comprises three distinct branches of government: a legislative, an executive and a judiciary. These branches and...
, because in U.S. federalism, the states are regarded as the plenary
Plenary
Plenary is an adjective related to the noun plenum carrying a general connotation of fullness.Plenary may refer to:*Plenary session or meeting, the part of a conference when all members of all parties are in attendance,...
sovereign
Sovereign
A sovereign is the supreme lawmaking authority within its jurisdiction.Sovereign may also refer to:*Monarch, the sovereign of a monarchy*Sovereign Bank, banking institution in the United States*Sovereign...
s. All powers not explicitly granted to the federal government in the Constitution are reserved to the governments of the separate states under the Tenth Amendment
Tenth Amendment to the United States Constitution
The Tenth Amendment to the United States Constitution, which is part of the Bill of Rights, was ratified on December 15, 1791...
, which means that states are free to enact their own unique laws on anything not within the purview of federal preemption
Federal preemption
Federal preemption refers to the invalidation of US state law when it conflicts with Federal law.-Constitutional basis:According to the Supremacy Clause of the United States Constitution,...
. At the same time, in certain areas of law that are regularly litigated across state lines, it is desirable to have a predictable and relatively uniform set of laws in each state. Therefore, the states have passed laws dealing with a variety of legal issues that are identical or very similar in terms of their content. These are known as "Uniform Acts."
Such laws are distinct from interstate compact
Interstate compact
An interstate compact is an agreement between two or more states of the United States of America. Article I, Section 10 of the United States Constitution provides that "no state shall enter into an agreement or compact with another state" without the consent of Congress...
s.
Drafting
The NCCUSL is a body of lawyers, both private practitioners and government attorneys; judges, both state and federal; and law professors, typically appointed by the governor of each state. The NCCUSL drafts laws on a variety of subjects and proposes them for enactment by each state, the District of Columbia, the U.S. Virgin Islands, and Puerto Rico. NCCUSL was established in 1892. The NCCUSL, while influential, does not have any direct legislative power itself; uniform acts become laws only to the extent they are enacted into law by state legislatures.Among the most influential uniform acts are the Uniform Commercial Code
Uniform Commercial Code
The Uniform Commercial Code , first published in 1952, is one of a number of uniform acts that have been promulgated in conjunction with efforts to harmonize the law of sales and other commercial transactions in all 50 states within the United States of America.The goal of harmonizing state law is...
, Uniform Probate Code
Uniform Probate Code
The Uniform Probate Code is a uniform act drafted by National Conference of Commissioners on Uniform State Laws governing inheritance and the decedents' estates in the United States...
, Uniform Trust Code, Uniform Partnership Act
Uniform Partnership Act
The Uniform Partnership Act , which includes revisions that are sometimes called the Revised Uniform Partnership Act , is a uniform act , proposed by the National Conference of Commissioners on Uniform State Laws for the governance of business partnerships by U.S. States...
, Uniform Limited Liability Company Act
Uniform Limited Liability Company Act
The Uniform Limited Liability Company Act , which includes a 2006 revision called the Revised Uniform Limited Liability Company Act, is a uniform act , proposed by the National Conference of Commissioners on Uniform State Laws for the governance of limited liability companies by U.S. states...
, Uniform Transfers to Minors Act
Uniform Transfers To Minors Act
The Uniform Transfers To Minors Act is a uniform act drafted and recommended by the National Conference of Commissioners on Uniform State Laws in 1986, and subsequently enacted by most U.S...
, Uniform Certification of Questions of Law Act, Uniform Enforcement of Foreign Judgments Act, Uniform Controlled Substances Act
Uniform Controlled Substances Act
The Uniform Controlled Substances Act was drafted by the United States Department of Justice in 1969 and promulgated by the National Conference of Commissioners on Uniform State Laws while the federal Controlled Substances Act was being drafted. Modeled after the federal Act, the uniform act...
, Uniform Arbitration Act
Uniform Arbitration Act
The Uniform Arbitration Act is one of the uniform acts that attempt to harmonize the law in force in the fifty U.S. states.The "Uniform Arbitration Act", is a statute that was adopted by Congress in 2000 and requires states to adopt their own version of it....
, Uniform Environmental Covenants Act
Uniform Environmental Covenants Act
The Uniform Environmental Covenants Act is one of the uniform acts drafted by the National Conference of Commissioners on Uniform State Laws. The act is intended to provide clear rules for perpetual real estate interests – an environmental covenant – to regulate the use of brownfield land when...
, Uniform Conservation Easements Act, Uniform Management of Institutional Funds Act, Uniform Interstate Family Support Act
Uniform Interstate Family Support Act
The Uniform Interstate Family Support Act is one of the uniform acts drafted by the National Conference of Commissioners on Uniform State Laws in the United States. First developed in 1992 the NCCUSL revised the act in 1996 and again in 2001 with additional amendments in 2008...
, Uniform Child Custody Jurisdiction and Enforcement Act
Uniform Child Custody Jurisdiction And Enforcement Act
The Uniform Child Custody Jurisdiction And Enforcement Act is a Uniform Act drafted by the National Conference of Commissioners on Uniform State Laws in 1997. The UCCJEA has since been adopted by 49 U.S. States, the District of Columbia, Guam, and the U.S. Virgin Islands. The Act became effective...
, and Uniform Anatomical Gift Act
Uniform Anatomical Gift Act
The Uniform Anatomical Gift Act , and its periodic revisions, is one of the Uniform Acts drafted by the National Conference of Commissioners on Uniform State Laws in the United States with the intention of harmonizing state laws in force in the states.UAGA governs organ donations for the purpose...
. However, there are well over 100 uniform acts. NCCUSL periodically updates these acts. Recent examples include the Revised Uniform Anatomical Gift Act, Revised Uniform Arbitration Act, Revised Uniform Partnership Act, Revised Uniform Limited Liability Company Act, and the Uniform Prudent Management of Institutional Funds Act
Uniform Prudent Management of Institutional Funds Act
The Uniform Prudent Management of Institutional Funds Act is a uniform act that provides guidance on investment decisions and endowment expenditures for nonprofit and charitable organizations. As of October 2010, UPMIFA is now the law in the District of Columbia and all states except Pennsylvania,...
. The NCCUSL website should be consulted for the latest uniform acts or revisions thereof.
A state may adopt a uniform act as written by NCCUSL, or a state may adopt it with specific changes. Unless such changes are minor, they can seriously obstruct the goal of the uniform acts of promoting uniformity of law among the various states. Therefore, persons doing business in different states must always still check local law to ensure that (1) a uniform act was enacted in the state that governs a particular legal issue and (2) the local act actually conforms to the text promulgated by NCCUSL.
For example, in Payne v. Stalley, a lawyer relied on the official text of the Uniform Probate Code
Uniform Probate Code
The Uniform Probate Code is a uniform act drafted by National Conference of Commissioners on Uniform State Laws governing inheritance and the decedents' estates in the United States...
and failed to check the relevant Florida
Florida
Florida is a state in the southeastern United States, located on the nation's Atlantic and Gulf coasts. It is bordered to the west by the Gulf of Mexico, to the north by Alabama and Georgia and to the east by the Atlantic Ocean. With a population of 18,801,310 as measured by the 2010 census, it...
statute. As a result, the lawyer missed a filing deadline on a multi-million dollar claim. The court wrote, "[w]e cannot rewrite Florida probate law to accommodate a Michigan
Michigan
Michigan is a U.S. state located in the Great Lakes Region of the United States of America. The name Michigan is the French form of the Ojibwa word mishigamaa, meaning "large water" or "large lake"....
attorney more familiar with the Uniform Probate Code
Uniform Probate Code
The Uniform Probate Code is a uniform act drafted by National Conference of Commissioners on Uniform State Laws governing inheritance and the decedents' estates in the United States...
."
Model Penal Code
The Model Penal CodeModel Penal Code
The Model Penal Code is a statutory text which was developed by the American Law Institute in 1962. The Chief Reporter on the project was Herbert Wechsler. The current form of the MPC was last updated in 1981. The purpose of the MPC was to stimulate and assist legislatures in making an effort to...
, which seeks to harmonize state criminal law statutes, is in effect a uniform act but it was developed by the American Law Institute
American Law Institute
The American Law Institute was established in 1923 to promote the clarification and simplification of American common law and its adaptation to changing social needs. The ALI drafts, approves, and publishes Restatements of the Law, Principles of the Law, model codes, and other proposals for law...
and not the NCCUSL.
Other model laws
The Uniform Auction and Auctioneer Licensing Act (2006) is a sample law, proposed by the National Auctioneers AssociationNational Auctioneers Association
The National Auctioneers Association , founded in 1949, is a advocacy group representing auctioneers, auction businesses and related companies that seeks to promote the auction method of marketing and the practice of auctioneering in the United States...
, intended to be used by states as a template when drafting their own legislation governing auctions and auctioneers.
Other notable non-NCCUSL model laws include the Model State Emergency Health Powers Act
Model State Emergency Health Powers Act
The Model State Emergency Health Powers Act is a proposal by the Center for Law and the Public's Health, a joint venture of Georgetown University and Johns Hopkins University, to aid America's state legislatures in revising their public health laws to, as proponents put it, more effectively...
, the Model Business Corporation Act
Model Business Corporation Act
The Model Business Corporation Act is a model set of law prepared by the Committee on Corporate Laws of the Section of Business Law of the American Bar Association and is followed by twenty-four states.-History:...
, and the UNCITRAL Model Law on International Commercial Arbitration
UNCITRAL Model Law on International Commercial Arbitration
The UNCITRAL Model Law on International Commercial Arbitration was prepared by UNCITRAL, and adopted by the United Nations Commission on International Trade Law on 21 June 1985...
. The Federal Rules of Civil Procedure
Federal Rules of Civil Procedure
The Federal Rules of Civil Procedure govern civil procedure in United States district courts. The FRCP are promulgated by the United States Supreme Court pursuant to the Rules Enabling Act, and then the United States Congress has 7 months to veto the rules promulgated or they become part of the...
were intended to serve as a kind of model civil procedure system for the states, and have been adopted to some extent in 35 of them.