National Conference of Commissioners on Uniform State Laws

211 E. Ontario St., Suite 1300, Chicago, IL 60611
tel 312-915-0195, fax 312-915-0187

For Immediate Release

UNIFORM LAW GROUP TO MEET IN ST. AUGUSTINE
Uniform Commercial Code Among Acts To Be Debated

A busy agenda of uniform act drafts dealing with issues ranging from domestic violence to the regulation of athlete agents, as well as revisions to the Uniform Commercial Code, awaits the Uniform Law Commissioners (ULC) at their 2000 Annual Meeting, scheduled for the WGV Renaissance Resort in St. Augustine, Florida, from July 28th through August 4th.

The ULC, officially called the National Conference of Commissioners on Uniform State Laws, is now in its 109th year. The organization comprises more than 300 lawyers, judges, law professors, legislators and other state officials from every state, the District of Columbia, Puerto Rico and the U.S. Virgin Islands. Commissioners are appointed by their states to draft and promote enactment of uniform laws that are designed to solve problems common to all the states.

Among the acts the commissioners will consider for final approval in St. Augustine is the Uniform Interstate Enforcement of Domestic Violence Orders Act. This act establishes uniform procedures that will enable courts to recognize and enforce valid domestic protective orders issued in other jurisdictions. Uniformity will enable courts around the country to treat such cases consistently, thereby better serving the needs of victims of domestic violence.

A new act designed to curtail money laundering by making it harder for unscrupulous businesses to run check cashing outlets is scheduled for a final vote. The Uniform Money Services Business Act facilitates and enhances enforcement of existing money laundering provisions, and provides a framework for dealing with money laundering issues unique to nondepository providers of financial services.

The Uniform Athlete Agents Act has been drafted to govern relations among athlete agents, student athletes and educational institutions. The act will protect the interests of student athletes and academic institutions by regulating the activities of athlete agents.

The Uniform Parentage Act of 1972 established rules for determining parentage of a child. This act has been updated to facilitate modern methods of testing for parentage. With the rising incidence of children born to unmarried parents, parentage determinations must be improved for the enforcement of child support.

The Uniform Trust Code is the first comprehensive attempt at the national level to codify the law of trusts. The Uniform Arbitration Act of 1955, adopted in 49 states, is being revised to reflect new developments in arbitration law.

Important revisions to the Uniform Commercial Code are also scheduled for final approval. UCC Article 2, Sales, is being revised for the first time since 1951. Article 2 applies to the sale of goods-tangible goods. Its rules govern the formation of contracts and their performance, and provide remedies for their breach. It has been revised to meet today's business practices, including the use of electronic technology.

Closely related to the UCC2 revision is the new revision to UCC Article 2A. UCC2A was drafted in 1987, amended in 1990, and has since been adopted in 48 states. UCC2A provides states with a legal framework for any transaction, regardless of form, that creates a lease of personal property. Once approved at the ULC Annual Meeting, both Article 2 and 2A will be referred to the American Law Institute for approval. The Uniform Commercial Code is a joint project of the ULC and the ALI.

A uniform act must be considered at two annual meetings by all commissioners before it can be approved. After receiving the ULC seal of approval, a uniform act is officially promulgated for consideration by the states, and legislatures are urged to adopt it. Since its inception, the ULC has been responsible for more than 200 acts, among them such bulwarks of state statutory law as the Uniform Commercial Code, the Uniform Probate Code and the Uniform Controlled Substances Act.

The full agenda for the St. Augustine meeting includes the following:

Acts scheduled for completion and approval:

• Uniform Interstate Enforcement of Domestic Violence Orders Act
• Uniform Trust Code
• Revision of Uniform Commercial Code Article 2
• Revision of Uniform Commercial Code Article 2A
• Revision of Uniform Arbitration Act
• Revision of Uniform Parentage Act
• Uniform Money Services Business Act
• Uniform Athlete-Agents Act

The following acts will be debated:

• Revision of Uniform Limited Partnership Act
• Revision of Uniform Health Care Information Act