The Constitution | Bylaws | Rules of Procedure
Statement of Policy Establishing Criteria and Procedures for Designation and Consideration of Acts

Organization | History | Financial Support
Procedures | Leadership | Executive Committee
List of Commissioners By State

ARTICLE 1
NAME AND PURPOSE SECTION

1.1 NAME. This organization shall be known as the “National Conference of Commissioners on Uniform State Laws.” SECTION

1.2 PURPOSE. It is the purpose of the Conference to promote uniformity in the law among the several States on subjects as to which uniformity is desirable and practicable.

ARTICLE 2
MEMBERSHIP

SECTION 2.1 MEMBERS. The Members of the Conference consist of Commissioners, Associate Members, Life Members, and Advisory Members.

SECTION 2.2 COMMISSIONERS. Commissioners are the Commissioners on Uniform State Laws appointed by authority of the several States of the United States of America, whose commissions authorize them to confer with Commissioners of other States. An individual holding such an appointment and commission from a State is a Commissioner even though also a Life Member. If in any State an appointing authority does not exist or fails to act, the President of the Conference may request the appointment of one or more Commissioners for that State by the president of the organization recognized as the organized bar of that State by the American Bar Association or, if there is more than one such organization, the integrated bar of that State. The term of a Commissioner appointed pursuant to the request may not exceed three years and is subject to earlier termination by the Executive Committee upon notice to the Commissioner and the appointing authority.

SECTION 2.3 ASSOCIATE MEMBERS. (a) The principal administrative officer of each state legislative reference bureau or other agency charged by law with the duty of drafting legislation at the request of the legislative or executive officers of the State, or an alternate named from within the bureau or agency by its principal administrative officer, is an Associate Member of the Conference. (b) An Associate Member has the privilege of the floor and is eligible to serve on and to chair any committee, including the Committee of the Whole, with right to vote in committee, but an Associate Member is not eligible to be an Officer or to participate in a vote by States or in other votes of the Conference.

SECTION 2.4 LIFE MEMBERS. (a) Upon recommendation of the Executive Committee and by the affirmative vote of two-thirds of the Commissioners present and voting at the session at which the recommendation is considered, the Conference may elect: (1) as a Life Member, an individual who has served the Conference as: (i) President of the Conference; (ii) a Commissioner for at least 20 years; or (iii) a Commissioner and as an Associate Member, Executive Director, Executive Secretary, or Legislative Director, for a combined period of at least 20 years; or (2) as an Honorary Life Member, an individual who without having served the Conference as a Commissioner has served the Conference with distinction as Executive Director, Executive Secretary, or Legislative Director. (b) A Life Member may participate in all activities of the Conference and is eligible for any Office or committee as fully as a Commissioner, but is not eligible for election as President and may not participate in votes by States or in other votes of the Conference, except while serving as a Commissioner under Section 2.2 or while so authorized under the law of the appointing State. (c) An Honorary Life Member has the privilege of the floor, and is eligible to serve as an advisory member of any Standing or Special Committee, but is not eligible to be an Officer or to vote.

SECTION 2.5 REQUIREMENT OF BAR MEMBERSHIP. Each Commissioner and Associate Member must be a member of the bar of a State.

SECTION 2.6 CREDENTIALS. Each Commissioner or Associate Member, upon first attending an annual meeting of the Conference and upon reappointment, shall file with the Secretary of the Conference the date of the relevant commission or appointment, a statement of the term or duration of the commission or appointment, and a reference to the legislative act or other authority pursuant to which the commission or appointment was made.

SECTION 2.7 TERM. (a) Unless otherwise determined by the Executive Committee, a Commissioner’s membership in the Conference continues until adjournment of the annual meeting following the expiration or termination of the term for which the Commissioner was appointed. At that meeting, the Commissioner has the privileges of a Commissioner, but may not participate in a vote by States if a successor has been appointed. (b) If the term of a Commissioner who is President of the Conference expires or is terminated before the conclusion of the Commissioner’s presidency, the Commissioner’s membership continues until conclusion of the presidency, but the Commissioner may not participate in a vote by States unless authorized under the law of the appointing State.

SECTION 2.8 TERMINATION OF MEMBERSHIP. The Executive Committee may terminate the membership of a Commissioner or an Associate Member for any reason set forth in the Bylaws.

SECTION 2.9 ADVISORY MEMBERS. (a) The Executive Committee may appoint as an advisory member of the Conference a representative of a governmental organization or agency designated by the Executive Committee. The term of an advisory member may not exceed three years and is subject to earlier termination by the Executive Committee upon notice to the advisory member and the organization or agency represented. (b) An advisory member has the privilege of the floor at any annual or special meeting of the Conference during the term of the appointment and is eligible to serve as an advisory member of a Special Committee, but may not vote.

SECTION 2.10 PRIVILEGES OF FORMER MEMBER. A former Member of the Conference may attend annual meetings and participate in discussions, but may not vote.

SECTION 2.11 COMPENSATION; EXPENSES. Commissioners and other Members may not be compensated by the Conference for services rendered to the Conference, but may be reimbursed for expenses incurred in rendering those services, as authorized by the Executive Committee.

ARTICLE 3
MEETINGS

SECTION 3.1 MEETINGS. The Conference shall hold an annual meeting and may hold special meetings at times and places selected by the Executive Committee. Special meetings of the Conference may be called by the President on recommendation of the Executive Committee. The Commissioners present at each session of an annual or special meeting constitute a quorum.

ARTICLE 4
OFFICERS AND EXECUTIVE COMMITTEE; COMMITTEE ON SCOPE AND PROGRAM

SECTION 4.1 OFFICERS AND EXECUTIVE COMMITTEE. The following are the Officers of the Conference: President, Vice President, Treasurer, and Secretary, all of whom must be Commissioners or Life Members, except that a Life Member who is not a Commissioner is not eligible for election as President. The Officers, the immediate Past-President, the Chairperson of the Legislative Committee, the Chairperson of the Committee on Scope and Program, and four other Commissioners or Life Members appointed annually by the President, constitute the Executive Committee of the Conference. The President shall designate one of the appointed members as Chairperson of the Executive Committee. At or before the opening of an annual meeting of the Conference, the Executive Committee may appoint a Member of the Conference as Associate Secretary to assist or act in place of the Secretary during that meeting.

SECTION 4.2 ELECTION AND TERMS OF OFFICERS. The President is elected by a majority vote of the Commissioners for a two-year term at the annual meeting held in each odd-numbered year, unless elected in an even-numbered year to complete an unexpired term. A Commissioner who has been elected President for a two-year term is ineligible for reelection. The Vice President, Treasurer, and Secretary are elected by a majority vote of the Commissioners for one-year terms at each annual meeting and are eligible for reelection. Each Officer shall hold office from adjournment of the annual meeting at which the Officer is elected until adjournment of the annual meeting at which the Officer’s successor is elected. Whenever a vacancy occurs in any office, other than the office of President, the Executive Committee shall designate a Commissioner or Life Member to serve the remainder of the term. Whenever a vacancy occurs in the office of President by reason of death or resignation before the opening of the annual meeting next following the annual meeting at which the President was elected, the Nominating Committee shall include in its report of nominations for election at that meeting a nomination for the President’s unexpired term.

SECTION 4.3 POWERS OF EXECUTIVE COMMITTEE. (a) The Executive Committee has the responsibility for implementing the policies adopted by the Conference at its meetings, and all the duties and powers prescribed by the Constitution and Bylaws. (b) Between meetings of the Conference, the Executive Committee may perform all acts and functions that the Conference itself may perform, except the following: (1) The Executive Committee may not amend the Constitution or Bylaws. (2) The Executive Committee may not suspend the Conference’s recommendation of an Act for adoption by the several States unless imperative reason for the suspension has arisen or been discovered. (3) The Executive Committee may not approve an amendment to a Uniform or Model Act unless it determines that the amendment is desirable to remove an ambiguity, to conform the Act to federal law if required to accomplish the purposes of the Act, to correct a technical error, to meet an unanticipated objection from a section, committee, or other group of the American Bar Association, to conform the Act to a trend of judicial decisions, or to achieve a similar objective. The Executive Committee shall report an amendment approved between annual meetings of the Conference to the Members of the Conference at least 20 days before the next annual meeting. The amendment is thereby approved by the Conference unless it is disapproved or modified by the Conference at that meeting on a special order requested by a Commissioner not later than the third day of that meeting in a written statement specifying by section the amendment objected to. Only the amended section objected to and other directly affected sections may be considered.

SECTION 4.4 COMMITTEE ON SCOPE AND PROGRAM. The President shall appoint a Committee on Scope and Program consisting of five Commissioners, Associate Members, or Life Members, and shall designate its chairperson. The Committee shall recommend to the Executive Committee the work the Conference should undertake and the general plan and scope of its activities.

ARTICLE 5
OTHER COMMITTEES

SECTION 5.1 STANDING COMMITTEES. The President shall appoint the following Standing Committees, specify the number of their members, and designate their chairpersons: (1) a Legislative Committee, which may have subcommittees and shall generally supervise the securing of adoptions of Uniform and Model Acts of the Conference; (2) a Committee on Membership and Attendance, which shall (i) encourage the prompt filling of vacancies in the membership of the Conference, (ii) encourage Commissioners, Life Members, and Associate Members to attend meetings, and (iii) act as a reception committee for new Members upon their first attendance at an annual meeting of the Conference; and (3) a Committee on Style, which shall appropriately revise as to phraseology and style, but without altering meaning or context, all Acts submitted to it by Special Committees and all Acts finally approved by the Conference, and which shall periodically review the Conference’s Drafting Rules for Uniform or Model Acts and make recommendations concerning them.

SECTION 5.2 SPECIAL COMMITTEES. The President shall appoint Special Committees, specify the number of their members, and designate their chairpersons, for the purpose of investigating, studying and, if desirable, drafting Uniform or Model Acts upon specified subjects, as directed by the Executive Committee, and for other purposes, as directed or authorized by the Executive Committee.

SECTION 5.3 DIVISIONS OF THE CONFERENCE. In order to provide liaison between the several Special Committees and the Executive Committee, the work of the Conference may be divided into as many Divisions as the President considers appropriate. The President shall assign Special Committees to the respective Divisions and appoint a chairperson for each Division. The chairperson of each Division is a member ex officio of each Special Committee assigned to the Division.

SECTION 5.4 COMMITTEE APPOINTMENTS. (a) At each annual meeting of the Conference or as soon after adjournment as possible, the President shall appoint the members of each committee and designate the chairperson. The President may fill vacancies as they occur. The chairperson of each committee may designate a member of the committee as vice chairperson who shall chair the committee during the absence or disability of the chairperson. (b) The President may remove or replace a member of a committee at any time.

SECTION 5.5 COMMITTEE QUORUM. The members of a committee present at a meeting of the committee constitute a quorum.

SECTION 5.6 PRESIDENT EX OFFICIO MEMBER. The President of the Conference is a member ex officio of each committee. The chairperson of each committee shall advise the President of the time and place of meetings and shall communicate to the President the results of the meetings.

ARTICLE 6
DUTIES OF COMMISSIONERS

SECTION 6.1 DUTIES. It is the duty of the Commissioners from each State: (1) at least 30 days before each annual meeting of the Conference, to report to the Chairperson of the Legislative Committee the enactment in that State of any Uniform or Model Acts of the Conference; (2) to attend annual and special meetings of the Conference; (3) to report to the President of the Conference the death or resignation or expiration of the term of any Commissioner from their State; (4) to promote the enactment of legislation providing for the appointment of Commissioners and for the payment of the expenses incurred by Commissioners, Associate Members, and Life Members in attending meetings of the Conference; (5) to endeavor to secure from the legislature of their State an annual appropriation toward defraying the expenses of the Conference; (6) to seek introduction and enactment of Uniform Acts promulgated by the Conference that are appropriate for their State; and (7) to organize their State Commission by designating a chairperson and a secretary, notify the Secretary of the Conference immediately upon the organization of the State Commission, and file with the President a copy of their reports to the governor or legislature of their State.

ARTICLE 7
ANNUAL ADDRESS AND REPORTS; AMERICAN BAR ASSOCIATION DELEGATE; NO COMPLIMENTARY RESOLUTION

SECTION 7.1 PRESIDENT’S ANNUAL ADDRESS AND REPORTS. At each annual meeting of the Conference, the President shall deliver an address reporting on the work of the Conference and making recommendations thereon. The President shall also cause an annual written report to be made to the House of Delegates of the American Bar Association upon the work and recommendations of the Conference during the preceding year. The President shall file for the records of the American Bar Association copies of Uniform Acts finally approved and recommended by the Conference for enactment by the several States.

SECTION 7.2 ABA DELEGATE. Unless otherwise designated by the Executive Committee, the President is the delegate ex officio of the Conference to the House of Delegates of the American Bar Association.

SECTION 7.3 NO COMPLIMENTARY RESOLUTION. The Conference may not consider any complimentary resolution with reference to any living Member for any services rendered, paper read, or address delivered, to the Conference.

ARTICLE 8
FINAL APPROVAL OF ACTS

SECTION 8.1 PROCEDURE. (a) The Conference may not finally approve an Act and recommend its adoption by the several States unless the Act has been: (1) considered section-by-section by the Conference in the Committee of the Whole; (2) printed or typewritten, with any amendments adopted at the annual meeting at which consideration section-by-section is completed, and with any further revision the committee in charge of the Act considers appropriate, and distributed to the Members of the Conference in advance of any later annual meeting at which it is considered; and (3) presented to the later annual meeting for further consideration by the Conference. (b) The Executive Committee, by a vote of not less than three-fourths of its members, may waive the requirements of subsections (a)(2) and (3) as to any Act. The waiver must be adopted at least 30 days before the date of the meeting at which the Act is to be considered. The Secretary shall immediately give written notice of the waiver to the Members of the Conference.

SECTION 8.2 AVAILABILITY OF FINAL DRAFT. Before an Act is voted upon by States for final approval by the Conference with a recommendation for its adoption by the several States, it must be submitted to the Conference in printed or typewritten form, as amended by the Conference, at least one session before the session at which the final vote is taken.

SECTION 8.3 VOTE REQUIREMENT. An Act may be finally approved by the affirmative vote of 20 or more States, which vote must also constitute a majority of the States voting on the question.

SECTION 8.4 AMENDMENT OR SUSPENSION. This Article may be amended, or suspended with respect to a particular Act, only by the vote required in Section 8.3.

ARTICLE 9
DEFINITION OF “STATE”

SECTION 9.1 MEANING OF “STATE”. As used in this Constitution and the Bylaws, “State” means a State of the United States, the District of Columbia, Puerto Rico, or the United States Virgin Islands.

ARTICLE 10
ADOPTION AND AMENDMENT OF BYLAWS

SECTION 10.1 PROCEDURE. Bylaws may be adopted, repealed, or amended at any annual meeting of the Conference by a majority vote of the Commissioners present and voting if that action receives at least 15 affirmative votes. A vote on the proposed action must be taken at a session following the session in which the action is proposed to the Conference in writing by either the Executive Committee or by at least one Commissioner from each of six or more States.

ARTICLE 11
AMENDMENT OF CONSTITUTION

SECTION 11.1 PROCEDURE. An Article of this Constitution, except Article 8, may be adopted, repealed, or amended at any annual meeting of the Conference by a two-thirds vote of the Commissioners present and voting if that action receives at least 30 affirmative votes. A vote on the proposed action must be taken at a session following the session in which the action is proposed to the Conference in writing by either the Executive Committee or by at least one Commissioner from each of six or more States.

ARTICLE 21
NOMINATION AND ELECTION OF OFFICERS

SECTION 21.1 NOMINATING COMMITTEE. At a meeting before the opening of the annual meeting, the Executive Committee shall appoint a Nominating Committee consisting of five Members of the Conference who are not members of the Executive Committee. The Nominating Committee must be announced at the opening session of the annual meeting and shall report at the morning session of the third day of that annual meeting.

SECTION 21.2 NOMINATIONS FROM FLOOR. Following the report of the Nominating Committee, additional nominations may be made from the floor of the Conference.

SECTION 21.3 WRITTEN BALLOT. If there are two or more nominations for an office of the Conference, the election for that office must be conducted by written ballot on a special order at the first session of the annual meeting next following the session at which nominations were closed. The election must be determined by a majority vote of the Commissioners present and voting. A contested election for an office of the Conference is the only matter on which the vote of the Conference must be taken by written ballot.

ARTICLE 22
DUTIES OF OFFICERS

SECTION 22.1 PRESIDENT. (a) The President is the chief executive officer of the Conference and, in addition to presiding at all meetings of the Conference, shall perform other duties prescribed by the Constitution and these Bylaws. (b) During the absence or disability of the President, the Chairperson of the Executive Committee possesses all of the powers and shall perform all of the duties of the President other than presiding at meetings of the Conference.

SECTION 22.2 VICE PRESIDENT. The Vice President shall obtain from the chairperson of each Division reports on the progress of the work of the respective committees assigned to the Division, and shall keep the Executive Committee informed of the status of Acts assigned to the respective Divisions. The Vice President shall perform additional duties assigned by the President or the Executive Committee or imposed by the Bylaws.

SECTION 22.3 TREASURER. (a) The Treasurer shall receive all funds of the Conference and shall keep and disburse them, under the direction of the Executive Committee. The Treasurer shall give bond with a surety company as surety for the faithful performance of duties or any potential liability must be covered by comparable insurance coverage, in form and amount prescribed by the Executive Committee. The Conference shall pay the premium on the bond or for the insurance coverage. The Treasurer shall keep, or cause to be kept, regular books and full accounts, showing all receipts and disbursements. The books and accounts must be open at all times to inspection by the President or any other member of the Executive Committee. The Treasurer shall report, at each annual meeting of the Conference, as to the financial condition of the treasury, with a detailed statement of receipts and disbursements. All funds of the Conference must be kept in the name of the Conference in depositaries or with financial intermediaries (and with the signatures required for withdrawals) as designated by the Executive Committee. (b) The Treasurer shall disburse funds of the Conference only upon written approval of the Chairperson of the Executive Committee, but expenses incurred by the Chairperson of the Executive Committee require approval by the President. The Chairperson of the Executive Committee, annually or more often, may give blanket approval to designated categories of recurring expense, such as salaries or other compensation, taxes, rent, and utilities. Approval of a committee meeting or of any other specifically identified activity of the Conference may also include approval of the payment of reasonable expenses incurred in connection with the meeting or activity. Other disbursements must have specific individual approval of the Chairperson of the Executive Committee. (c) The fiscal year of the Conference runs from July 1 of one calendar year through June 30 of the next calendar year, unless the Executive Committee shall otherwise determine by resolution. The Treasurer shall prepare an annual report of money received and disbursed during the most recent fiscal year and deliver it to the Chairperson of the Executive Committee at the annual meeting following the close of the fiscal year. The Executive Committee shall cause the Treasurer’s books and vouchers to be audited or reviewed each year by a certified public accountant.

SECTION 22.4 SECRETARY. (a) The Secretary shall keep a record of the proceedings of the Conference with the dates of attendance and the term or duration of appointment of each Commissioner and Associate Member. The Secretary shall issue notices of all meetings of the Conference in a form approved by the Executive Committee, notify each Member of the Conference of the time and place of the annual meeting of the Conference, notify the members of all committees of their selection and appointment, keep a record of the enactment of Uniform and Model Acts of the Conference, and perform other duties prescribed by the Conference, the President, or the Executive Committee. (b) The Secretary is custodian of the books and papers of the Conference, other than the books and accounts maintained by the Treasurer. The Secretary’s books and papers must be open at all times to inspection by the President or any other member of the Executive Committee. (c) If a Chief Administrative Officer is appointed, the Secretary may delegate to the Chief Administrative Officer performance of any duties of the Secretary except as may be expressly directed otherwise by the Executive Committee.

ARTICLE 23
EXECUTIVE COMMITTEE

SECTION 23.1 MEETINGS. Before the opening session of each annual meeting of the Conference, the Executive Committee shall meet where the annual meeting is to be held, at a time designated by the President. The Executive Committee shall hold annually a midyear meeting at a time and place designated by the President. The President may call other meetings of the Executive Committee as the work of the Conference requires.

SECTION 23.2 ANNUAL MEETINGS; REFERRED DUTIES. The Executive Committee shall make arrangements for the annual meetings of the Conference and attend to other matters referred to it by the Conference.

SECTION 23.3 STYLISTIC CHANGES. If, after final approval of an Act by the Conference, an irreconcilable difference develops between the Committee on Style and the chairperson of the Special Committee drafting the Act as to changes proposed in phraseology or style of the Act, the differences must be referred to the Executive Committee for final resolution.

SECTION 23.4 VOTES BETWEEN MEETINGS. Between meetings of the Executive Committee, either the President or the Chairperson of the Executive Committee may cause a vote to be taken by mail, telegraph, facsimile transmission, telephone, other electronic means, or any combination thereof, for the determination of any question. The vote has the same effect as a vote of the Executive Committee in session. A vote by telephonic or other means authorized by this section must be promptly recorded in minutes of the Executive Committee.

ARTICLE 24
EXECUTIVE OFFICE

SECTION 24.1 EXECUTIVE OFFICE. The Executive Committee may establish an Executive Office for the Conference and may change its location. The books, records, and archives of the Conference must be kept in the Executive Office or at a location designated by the Executive Committee.

ARTICLE 25
EXECUTIVE DIRECTOR, CHIEF ADMINISTRATIVE OFFICER, LEGISLATIVE DIRECTOR, AND LEGAL COUNSEL

SECTION 25.1 APPOINTMENTS. The Executive Committee may appoint an Executive Director, a Chief Administrative Officer, a Legislative Director, and a Legal Counsel, and fix their salaries or other compensation. The Executive Committee may also authorize the employment of other staff personnel and fix their salaries or other compensation.

SECTION 25.2 RESPONSIBILITY OF EXECUTIVE DIRECTOR. The Executive Director is responsible, under the direction of the President, for fund-raising, selecting and supervising the staff and reporters of the Conference, coordinating and providing continuity in the activities of the Conference, maintaining liaison with federal and state governments and the American Bar Association, encouraging adoption of Uniform and Model Acts by the several States, and other areas of responsibility assigned by the Executive Committee.

SECTION 25.3 RESPONSIBILITY OF CHIEF ADMINISTRATIVE OFFICER. The Chief Administrative Officer is responsible for the operations of the Executive Office of the Conference and other functions assigned by the Executive Committee.

SECTION 25.4 RESPONSIBILITY OF LEGISLATIVE DIRECTOR AND LEGAL COUNSEL. (a) The Legislative Director shall provide assistance to the Legislative Committee, and perform other assigned duties. (b) The Legal Counsel is the staff attorney and shall perform assigned duties. (c) One individual may serve as Legislative Director and as Legal Counsel.

ARTICLE 26
ABSENCE OF COMMISSIONERS

SECTION 26.1 EFFECT OF ABSENCE. The Executive Committee shall terminate the membership of any Commissioner who, without being excused by the Executive Committee, is absent from two consecutive annual meetings of the Conference. The Secretary of the Conference shall notify the Commissioner and the Commissioner’s appointing authority of the termination.

ARTICLE 27
LEGISLATIVE PROGRAM

SECTION 27.1 LEGISLATIVE COMMITTEE. The Legislative Committee shall endeavor to secure the enactment of legislation in each State, if that action has not been taken, providing for the appointment of Commissioners, for the payment of the expenses of Commissioners, Associate Members, and Life Members in attending meetings of the Conference, and for an annual appropriation toward defraying the expenses of the Conference; and to secure the introduction into the legislature of each State, through the Commissioners of that State, of Uniform and Model Acts that have not been adopted by that State; and shall take other steps to secure their adoption. The Legislative Committee shall report annually to the Conference and keep the President and the Secretary informed of its activities.

ARTICLE 28
COMMITTEE MEETINGS AND REPORTS

SECTION 28.1 CALLING MEETINGS. Subject to approval by the Chairperson of the Executive Committee, a meeting of any committee may be called by its chairperson or the President.

SECTION 28.2 MEETING EXPENSES. Travel and other reasonable expenses incurred for meetings of a committee held with the approval of the Chairperson of the Executive Committee during the interval between annual meetings of the Conference must be paid by the Treasurer.

SECTION 28.3 ANNUAL AND MIDYEAR REPORTS. At least 60 days before the annual meeting of the Conference and again before December 31 of each calendar year, the chairperson of each Special Committee shall submit to the chairperson of the Division to which the committee is assigned a written report on the work of the committee. The chairperson of each Division shall submit promptly to the Vice President a report on the progress of the work of the respective committees assigned to the Division.

SECTION 28.4 RECOMMENDATIONS AND DRAFTS; REQUIREMENTS. A committee report containing a recommendation for action by the Conference must be in printed or typewritten form and, if legislation is proposed, accompanied by a draft of the proposed Act. A draft Act must have the lines numbered, be accompanied so far as practicable by historical and explanatory comments, and otherwise comply with the Conference’s Drafting Rules for Uniform or Model Acts. Before a draft Act may be considered at an annual meeting of the Conference, it must have been submitted to the Committee on Style and revised in light of its suggestions, and transmitted, as so styled, for delivery to the Executive Office at least 90 days before the annual meeting. For cause shown in specific circumstances, those requirements may be modified or waived by the Executive Committee.

SECTION 28.5 NOTICE OF TIME PROVISIONS OF BYLAW. The Vice President shall call Sections 28.3 and 28.4 to the attention of the chairperson of each Division, who in turn shall call them to the attention of the chairperson of each committee assigned to the Division, in time to permit compliance with their provisions.

ARTICLE 29
REPORTING PROCEEDINGS OF ANNUAL MEETING

SECTION 29.1 CONTENTS. The proceedings of the annual meeting must be recorded stenographically or by other appropriate means. The President’s annual address, the reports of committees, and the proceedings at the annual meeting, other than proceedings in the Committee of the Whole, except as the Executive Committee otherwise directs, must be printed; but no other address made or paper read or presented to the Conference may be printed, except by order of the Executive Committee.

SECTION 29.2 DISTRIBUTION. The Secretary shall send a copy of the report of the proceedings of the Conference to the President of the United States, each Justice of the United States Supreme Court, the library of the United States Department of State, the Library of Congress, and the Department of Justice; to the Governor, the Chief Justice of the highest court, and the State Librarian of each State; to the secretary of each state bar organization; and to other persons or bodies as the Executive Committee may direct.

ARTICLE 30
COOPERATION WITH AMERICAN BAR ASSOCIATION

SECTION 30.1 COOPERATION WITH AMERICAN BAR ASSOCIATION. During the preparation of an Act, the Special Committee having it under consideration shall notify and confer with the appropriate committee or section of the American Bar Association or, in the absence of an appropriate committee or section, with the Secretary of the Association.

ARTICLE 31
RULES OF PROCEDURE AND MISCELLANEOUS RULES

SECTION 31.1 RULES OF PROCEDURE FOR CONFERENCE. The Executive Committee shall prepare and submit to the Conference for approval Rules of Procedure governing the conduct of the proceedings of the Conference and from time to time review those Rules for the purpose of recommending modifications to the Conference. Rules of Procedure may be adopted, repealed, or amended at an annual meeting of the Conference by a majority vote of the Commissioners present and voting at a session following the session at which the action is proposed to the Conference in writing either by the Executive Committee or by at least one Commissioner from each of six or more States.

SECTION 31.2 MISCELLANEOUS RULES. The Executive Committee shall adopt and distribute, and thereafter from time to time revise, Drafting Rules for Uniform or Model Acts, Recommendations as to character and consideration of Acts, and a Manual on Division and Committee Procedure.

ARTICLE 41
MEETINGS OF CONFERENCE

SECTION 41.1 ATTENDANCE. All meetings of the Conference are open to the public.

SECTION 41.2 SEATING. Seating is by States. A Member or former Member shall sit with the State to which membership was last accredited. Without approval of the Executive Committee, nonmembers may not be seated in areas reserved for Members. Separate space on the floor may be provided for the news media, observers, and visitors.

SECTION 41.3 PRESIDING OFFICER. (a) The President shall preside at all meetings of the Conference. In the event of the death or resignation of the President, the Vice President shall preside at all meetings of the Conference until a successor President is elected. During the absence or disability of the President, or upon request of the President, the Vice President shall preside. (b) The President or Vice President, upon vacating the chair while presiding during a meeting, and when the other is not available to preside, may without objection appoint any Commissioner present as temporary chairperson. If there is objection to the Commissioner appointed or a temporary chairperson of the meeting is not appointed or declines to serve, a temporary chairperson must be selected by voice vote of the body. If neither the President nor the Vice President is available to preside over the selection of a temporary chairperson, the Secretary, or a Commissioner designated by the Secretary, shall preside pending the selection of a temporary chairperson by voice vote of the body. The office of temporary chairperson terminates when the President or Vice President is ready to assume the chair.

SECTION 41.4 DUTIES OF PRESIDING OFFICER. The presiding officer shall: (1) preserve order, and may designate Members of the Conference to assist in doing so; (2) require that these Rules of Procedure be followed; and (3) decide questions of order and procedure.

ARTICLE 42
ORDER OF BUSINESS

SECTION 42.1 ORDER OF BUSINESS. At each annual meeting of the Conference, the standing order of business is as follows unless otherwise ordered by the Conference or by the Executive Committee: (1) Call of the Roll of Members by States. (2) Announcement of Appointment of Nominating Committee. (3) Address of the President. (4) Report of the Treasurer. (5) Report of the Secretary. (6) Report of the Executive Committee. (7) Reports of Standing Committees in the order named in Section 5.1 of the Constitution. (8) Reports of Special Committees. (9) Report of Nominating Committee on Morning of Third Day. (10) Unfinished Business. (11) New Business.

ARTICLE 43
PRIVILEGE OF THE FLOOR

SECTION 43.1 PRIVILEGE OF THE FLOOR. The following individuals have the Privilege of the Floor at an annual or special meeting of the Conference: (1) A Member. (2) A former Member (Section 2.10). (3) An employee of the Conference while activities of the employee are under consideration. (4) An individual requesting the privilege whose request is approved by unanimous consent. (5) A reporter or adviser of a Special Committee while an Act of the committee is under consideration in the Committee of the Whole, if the privilege is requested by the chairperson of the committee and the request is approved by the Executive Committee.

SECTION 43.2 LIMITATION ON DEBATE. The Conference may adopt rules governing debate, including limitations thereon for particular matters.

ARTICLE 44
MOTIONS AND REPORTS

SECTION 44.1 MOTIONS. The presiding officer shall state each motion before it is debated and again immediately before calling for a vote. The presiding officer may require any motion to be reduced to writing.

SECTION 44.2 REPORTS. Unless the presiding officer otherwise directs, written reports may not be read orally.

ARTICLE 45
VOTING

SECTION 45.1 VOICE VOTE. Voting must be by voice vote unless (i) a roll call by States is required or duly called for or (ii) the members stand and are counted when the chair is in doubt or a division is requested.

SECTION 45.2 ROLL CALL VOTE BY STATES. Except as limited by Sections 46.2 and 47.7, a Commissioner may call for a vote by States on a pending motion. In a vote by States, each State is entitled to one vote and, if the Commissioners present from a particular State are equally divided, that State has no vote. All votes by States must be recorded in detail.

ARTICLE 46
PROCEDURAL RULES AND RULES GOVERNING MOTIONS

SECTION 46.1 PROCEDURAL RULES. At the time of mailing the agenda for a meeting of the Conference, the President shall announce the procedural rules that will be in effect for that meeting in situations not covered by the Constitution and Bylaws or these Rules of Procedure. Those rules govern all proceedings of the Conference until the President announces a change. If no announcement is made by the President, the rules last announced continue in effect.

SECTION 46.2 RULES GOVERNING MOTIONS. The following table prescribes the principal rules governing certain motions, including the order of precedence, whether they are debatable and amendable, whether they can be made in the Committee of the Whole and, if so, whether they are subject to a vote by States under Section 45.2. All of the motions listed require a majority vote, except motions to vote immediately, to limit debate, to suspend the rules, and to object to consideration, which require a two-thirds affirmative vote.

ARTICLE 47
COMMITTEE OF THE WHOLE

SECTION 47.1 CONSIDERATION OF ACT IN COMMITTEE OF THE WHOLE. While considering an Act presented to the Conference for section-by-section consideration, the Conference must be resolved into a Committee of the Whole.

SECTION 47.2 CHAIRPERSON OF COMMITTEE OF THE WHOLE. The President shall designate a Member of the Conference as Chairperson of the Committee of the Whole for each act while it is under consideration in the Committee.

SECTION 47.3 FORMAL RESOLUTIONS UNNECESSARY. Formal motions customarily made to resolve the Conference into a Committee of the Whole, to rise and report progress, and to accept an interim report of the Committee of the Whole, are unnecessary, and an appropriate statement by the presiding officer or the chairperson of the Committee is treated as if the customary motions had been made and voted upon favorably. See Appendix to these Rules of Procedure for a sample statement.

SECTION 47.4 RULES OF COMMITTEE OF THE WHOLE. The Committee of the Whole is governed by the Rules of the Conference, except as those Rules are expressly limited or modified by this Article.

SECTION 47.5 SECONDING MOTIONS. A second is not required for a motion made in the Committee of the Whole.

SECTION 47.6 AUTHORITY OF CHAIR TO LIMIT DEBATE. (a) Whenever, in the opinion of the chair, undue time has been required for debate, the chair may direct the Committee of the Whole to proceed more formally until the necessity for formal proceedings has ended. The order of the chair to proceed more formally is not subject to debate, but is subject to appeal. The order to proceed more formally imposes the following restrictions on debate: (1) No individual having the privilege of the floor may speak more than twice on the same question, except to explain. (2) Subject to any action taken by the Conference pursuant to Rule 43.2, the chair may prescribe limits on debate, including the time to be devoted to a particular question and the time to be permitted to each Member to speak thereon. No Member may speak on the question beyond the limitation prescribed, except by unanimous consent. (b) A matter of drafting style must be presented in writing to the Special Committee and is not subject to debate, except by leave of the chair.

SECTION 47.7 LIMITATION ON VOTE BY STATES. While the Conference is acting in the Committee of the Whole, a vote by States, as permitted by Section 45.2 and as limited by Section 46.2, may be ordered only if the call for that vote is supported by at least one Commissioner from each of six or more States.

SECTION 47.8 PROCEDURE TO RECOMMEND APPROVAL OF ACT. Whenever the Committee of the Whole is prepared to report a recommendation that an Act be approved and presented to the Conference for a vote by States for final adoption, a motion to that effect should be made and acted upon by the Committee of the Whole. The chairperson shall report the result of the vote and recommended action to the Conference for acceptance. See Appendix to these Rules of Procedure for a sample form of the motion and the report.

ARTICLE 48
SUSPENSION OF RULES

SECTION 48.1 SUSPENSION OF RULES. These Rules may be suspended only by a two-thirds vote of the Commissioners registered at the meeting in which the action is pending. Rules interpreting the Constitution or Bylaws of the Conference may not be suspended. Suspension of a Rule must be for a specified purpose; after the purpose is accomplished, the Rule remains in force as before.

January 13, 2001

The Conference and its committees shall conform to the following criteria and procedures in proposing or considering Acts:

1. CRITERIA.

(a) The subject matter must be appropriate for state legislation in view of the powers granted by the Constitution of the United States to the Congress. If it properly falls within the exclusive jurisdiction of the Congress, it is obviously not appropriate for legislation by the several States. However, if the subject matter is within the concurrent jurisdiction of the federal and state governments and the Congress has not pre-empted the field, it may be appropriate for action by the States and hence by the Conference.(b) The subject matter must be such that approval of the Act by the Conference would be consistent with the objectives of the Conference, as stated in Article 1.2 of its Constitution: "to promote uniformity in the law among the several States on subjects where uniformity is desirable and practicable." (c) Every Act drafted by the Conference shall conform to the following requirements: (i) there shall be an obvious reason for an Act on the subject such that its preparation will be a practical step toward uniformity of state law or at least toward minimizing its diversity; (ii) there must be a reasonable probability that an Act, when approved, either will be accepted and enacted into law by a substantial number of jurisdictions or, if not, will promote uniformity indirectly; (iii) the subject of the Act shall be such that uniformity of law among States will produce significant benefits to the public through improvements in the law (for example, facilitating interstate economic, social or political relations, or responding to a need common to many States as to which uniform legislation may be more effective, more efficient, and more widely and easily understood) or will avoid significant disadvantages likely to arise from diversity of state law (for example, the tendency of diverse laws to mislead, prejudice, inconvenience or otherwise adversely affect the citizens of the States in their activities or dealings in other States or with citizens of other States or in moving from State to State). (d) Experience demonstrates that Acts to accomplish the following purposes have met with the widest acceptance by state legislatures; (i) Acts to facilitate the flow of commercial transactions across state lines, such as the Uniform Commercial Code; (ii) Acts to avoid conflict of laws when the laws of more than one State may apply to a transaction or series of transactions, such as the Uniform Act on Transfers to Minors, the Uniform Certification of Questions of Law Act, the Uniform Child Custody Jurisdiction and Enforcement Act, the Uniform Interstate Family Support Act, and the Uniform Attendance of Out of State Witnesses Act; (iii) Acts without substantial interstate implications but conceived and drafted to fill emergent needs, to modernize antiquated concepts, or to codify the common law, such as the Uniform Acts on Simultaneous Death, Limited Partnership, Partnership, Limited Liability Company, Rules of Evidence, Common Trust Fund, Principal and Income, and Fraudulent Transfers. (e) Acts may promote uniformity indirectly as well as by substantially verbatim adoptions, as, for example, by: (i) extensive adoptions in principle, such as the Uniform Alcoholism and Intoxication Treatment Act; (ii) impact on case law and teaching practices, such as the Uniform Rules of Evidence; (iii) gradually increasing adoptions, either in statutes or in case law, of particular sections or parts of a Uniform or Model Act addressing specific problems within the larger area to which the Act is directed, as for example, the Uniform Acts on Intestacy, Wills and Donative Transfers, Testamentary Additions to Trusts, Disclaimer of Property Interests, Statutory Rule Against Perpetuities, International Wills, Succession without Administration, Trustee Powers, Estate Tax Apportionment, Guardianship and Protective Proceedings, Durable Powers of Attorney, and Nonprobate Transfers on Death, which address specific and discrete problems within the larger area to which the Uniform Probate Code is directed. (f) As a general rule, the Conference should consider past experience in determining future projects and should avoid consideration of subjects that are: (i) entirely novel and with regard to which neither legislative nor administrative experience is available; (ii) controversial because of disparities in social, economic or political policies or philosophies among the various States; and (iii) of purely local or state concern and without substantial interstate implications unless conceived and drafted to fill emergent needs or to modernize antiquated concepts.

2. DESIGNATION OF ACTS AS UNIFORM OR MODEL.

The above criteria are equally applicable to Uniform and Model Acts. In determining whether an Act should be designated as a "Uniform" Act or a "Model" Act, the following procedures and criteria should be applied: (a) The Executive Committee, in appointing a special committee for the consideration of an Act, may do so without indicating whether the product will be a "Uniform" or "Uniform Law Commissioners' Model" Act. The committee may be designated initially as the "Special Committee on [subject matter] Act" and any drafts circulated as "Uniform Law Commissioners' [subject matter] Act." (b) Before the first reading, the Special Committee, after considering the criteria for designation, shall make a recommendation to the Executive Committee as to whether the Act should be circulated as a "Uniform" or "Uniform Law Commissioners' Model" Act. (c) The Executive Committee shall review the recommendation of the Special Committee and decide whether the Act should be circulated as a "Uniform" or "Uniform Law Commissioners' Model" Act. (d) After the Act's first reading, the Executive Committee shall reconsider whether the Act should be circulated as a "Uniform" or "Uniform Law Commissioners' Model" Act. A subsequent draft must be presented and circulated in the form approved by the Executive Committee. (e) The Conference may change the designation assigned by the Executive Committee. (f) Criteria for designation: (i) An act shall be designated as "Uniform" if (A) there is a substantial reason to anticipate enactment in a large number of jurisdictions; and (B) uniformity of the provisions of the proposed enactment among the various jurisdictions is a principal objective. (ii) An act shall be designated as a "Uniform Law Commissioners' Model" Act if (A) uniformity may be a desirable objective, although not a principal objective; (B) the Act may promote uniformity and minimize diversity, even though a significant number of jurisdictions may not adopt the Act in its entirety; or (C) the purposes of the Act can be substantially achieved, even though it is not adopted in its entirety by every State.

3. ACTS RECOMMENDED BY OUTSIDE ORGANIZATIONS.

When an affiliated or responsible non-affiliated organization or person recommends a subject for an Act or requests the Conference to draft an Act, it should be informed of the criteria to which Acts proposed for action by the Conference must conform and be requested to demonstrate such conformity as well as to submit recommendations as to the substance of the Act.

4. PROCEDURE IN CONSIDERING PROPOSED SUBJECTS OF ACTS.

(a) Committee on Scope and Program. Whenever a subject for an Act is proposed to the Conference, the proposal shall first be submitted to the Committee on Scope and Program, which shall have the responsibility to determine whether the subject merits consideration by the Conference and: (i) if so, to report that determination to the Executive Committee, together with its reasons; or (ii) if not, to report its recommendation to the Executive Committee, together with its reasons. (b) Executive Committee. (i) The Executive Committee shall review the recommendations of the Committee on Scope and Program as to any subject for a proposed Act and either approve or disapprove its recommendations. If the Executive Committee determines that a subject for a proposed Act merits consideration by the Conference, the President of the Conference shall assign the subject to a Standing or Special Committee, as the Executive Committee directs, either for further study and recommendations or to proceed with the drafting of an Act on the subject. (ii) Before proceeding with the drafting of an Act, the Executive Committee must find that a proposed Act: (A) comports with the criteria of the Conference; (B) has the potential, in comparison with other pending proposals, of substantially contributing to the objectives of the Conference; and (C) will have adequate agenda time for its consideration. (iii) The Executive Committee shall, in applying the above criteria, annually review each drrafting project to determine if it should continue. (c) Standing or Special Study Committee. Unless otherwise directed by the Executive Committee, the Standing or Special Study Committee to which the President assigns the subject will be charged with the responsibility not of drafting an Act, but of studying the subject and of conducting research to determine whether, in the opinion of that Committee, the subject is one on which an Act should be drafted and whether the Act should be designated as "Uniform" or "Uniform Law Commissioners' Model". The Standing or Special Study Committee shall address the criteria and report by a given date its recommendations, based on those criteria, to the Committee on Scope and Program. If the Standing or Special Study Committee recommends to the Committee on Scope and Program that an Act on the subject be drafted by the Conference, the Committee on Scope and Program, after addressing the Criteria of the Conference for designating Acts, shall report its recommendations to the Executive Committee for further action. (d) Identifying Outside Resources. If consideration of the proposal will require outside resources in addition to the work of members, Associate Members, and staff of the Conference, reasonably promising prospects for obtaining the required resources must be identifiable. (e) Reference of Adverse Report to Executive Committee. If the Standing or Special Study Committee recommends to the President that no Act be drafted on the subject, the report of the Standing or Special Study Committee shall be referred to the Executive Committee, which shall review all reasons advanced for and against an Act on the subject and determine, subject to review by the Conference, whether or not an Act should be drafted on the subject. (f) Procedure for Reexamination of Pending Subjects. Each Special Drafting Committee shall report semi-annually, in accordance with Section 28.3 of the Bylaws, and at any intervening time, if so requested by the Executive Committee, on the progress of its work and its current views about (i) whether the subject of its work meets the criteria of the Conference for considering Acts and, if so (ii) whether the Act should be recommended as a "Uniform" Act or, instead, as a "Uniform Law Commissioners' Model" Act.

5. OBLIGATION OF COMMISSIONERS.

Approval of an Act as a Uniform Act carries with it the obligation of the Commissioners from each State to endeavor to procure consideration by the legislature of the State, unless the Commissioners deem the Act inappropriate for enactment in their State. (See Section 6.1 of the Constitution.) "Uniform" Acts should be proposed and supported for adoption as promulgated to achieve necessary and desirable uniformity. "Uniform Law Commissioners' Model" Acts must be proposed and supported to minimize diversity and improve the law, but without the same emphasis on adhering to the verbatim text.