August 9, 2001
The Greenbrier, White Sulphur Springs, West Virginia

The Chair of the Executive Committee called the meeting to order at 9:05 a.m., at which time these members of the Committee were present: John L. McClaugherty, President; K. King Burnett, Chair of the Executive Committee; Harvey S. Perlman, Vice President; Robert A. Stein, Secretary; Oglesby H. Young, Treasurer; Gene N. Lebrun, Immediate Past President; Barry H. Evenchick, Chair, Scope and Program Committee; Michael Houghton, Chair, Legislative Committee; Patricia Brumfield Fry; Michael B. Getty; and W. Grant Callow. Also present were Fred H. Miller, Executive Director; William J. Pierce, Executive Director Emeritus; Michael Kerr, Interim Chief Administrative Officer; John M. McCabe, Legislative Director/Legal Counsel; William H. Henning; and Susan Ballew, recording secretary.

1. Report of the President

A. Annual Meeting Schedule. The President reported on the annual meeting sites and dates.

2002	Loews Ventana	Tucson, AZ	July 26–August 2
2003	J.W. Marriott	Washington, DC	August 1–8

B. American Bar Association 2001 Mid-Year Meeting. The President reported that the Uniform Arbitration Act, Uniform Rules of Evidence, and the Uniform Trust Code were approved. The Uniform Parentage Act was withdrawn due to objections from two ABA sections which had no involvement with the drafting committee. The ABA voted to postpone indefinitely consideration of the Uniform Athlete Agents Act.

C. American Bar Association Annual Meeting Issues. The President reported that a resolution was introduced by the Tort and Insurance Practice Section asking the House of Delegates to urge NCCUSL to withdraw and extensively revise the Uniform Computer Information Transactions Act and oppose the adoption of the Act in its present form in any State or territory. After negotiation, the resolution was withdrawn, with the understanding that the UCITA Standby Committee with all of the original ABA advisors and other representatives named by the ABA and other interested parties would meet in the Fall to determine whether additional amendments should be made and that NCCUSL would not push for further enactment of UCITA until after that meeting had been concluded.

D. The President reported that the term of the Chair of the Uniform Law Foundation, Commissioner Boris Auerbach, expired on July 1, 2001. Commissioner Auerbach requested that he not be reappointed. A motion was made and approved to appoint Robert A. Stein Chair of the Uniform Law Foundation and to appoint Frederick P. Stamp to fill the vacancy on the Foundation board.

2. Report of Chair of the Executive Committee

A. Drafting Committee Meetings. The Chair reported on the 2000-2001 Drafting Committee Meetings.

B. Meeting Costs – Trends. The Chair asked NCCUSL staff to review the costs of the Drafting Committee meetings. The results were reported.

C. Long-Range Issues. Discussion of this matter was deferred to be discussed with the Report of the Executive Director.

3. Report of the Secretary

A. Membership Changes. The Secretary reported on membership changes and deaths of Commissioners.

B. Requests for Excused Absences. A motion was made and adopted to excuse the absences of the following Commissioners: Stephen Adamini, Glenn B. Ansardi, Robert G. Bailey, Greg Brower, Willis Bullard, Jr., Michael DeMersseman, Brenda J. Erdoes, Thomas P. Foy, Sr., Richard O. Gregerson, J. Gorman Houston, Jr., John H. Langbein, Thomas S. Linton, Daniel J. O’Hern, Anne Bowen Poulin, Michael D. Ruedig, Michael P. Sullivan, Robert E. Sullivan, R. Stratton Taylor, Scott G. Wasserman, and Harry Wiggins. Additional oral requests from various members have been received; those members will be requested to put the requests in writing to be acted upon.

4. Report of the Treasurer

A. Status of State Contributions. The Treasurer reported that all of the States have already paid their current dues, and many have made advance payment of dues for 2001-2002. The Chair of the Executive Committee also reported on the work of the subcommittee created to review the dues structure of the Conference. The subcommittee has been discussing ways to resolve the disparity in the amounts of dues paid by the more and less populated states. Its report will be made at the Tuesday meeting of the Executive Committee.

B. 2000-2001 Conference Budget. The Conference budget will be discussed at Tuesday’s Executive Committee meeting.

5. Uniform Law Foundation

A report including the results of the audit report and interim financial statements was received.

6. Report of Executive Director

A. Report on UCC Committees. The Executive Director reported on the status of UCC 1, UCC 2 and 2A, UCC 7, and UCC 9.

B. Liaison with Native American Tribes. The project involves a NCCUSL Committee to adapt uniform laws for enactment by Native American tribes with the possible assistance of observers from Native American tribes. The initial focus will be a version of UCC 9 and related laws that can be used by the Native American tribes.

C. Areas of Future Concern. The Executive Director urged the President and Executive Committee to establish a semi-permanent committee to consider a variety of issues and to bring recommendations to the Executive Committee. This committee would have a specific charge to deal with issues approved by the Executive Committee, including the relationship with organizations such as the ABA and ALI, considering how those relationships may have changed and evolved over time. The Chair of the Executive Committee submitted a memorandum concerning long-range issues, including improvement of the legislative enactment process, review of the role of the Uniform Law Foundation, and improvement to the study committee and drafting committee processes. Memoranda by John McCabe on the enactment process and public relations efforts of the Conference were distributed. There was general consensus that these and other agreed-upon long-range issues should be further addressed.

7. Report of Interim Chief Administrative Officer

A. Staff Changes. The Interim CAO reported that the following employees had resigned during the past year: Ellyce Anapolsky, CAO; Hemmendy Nelson, Administrative Assistant; Julia Trice, Administrative Assistant; Cass Owens; Administrative Assistant; Amanda McCarty, Administrative Assistant; and Michelle Clayton, Legal Intern. The following employees had been hired: Liz Chambers, bookkeeper; Jennifer Manaloto, Administrative Assistant; Leang Sou, Receptionist; and Angela Waltz, Publications Manager.

B. Website. The Interim CAO indicated that he will work to incorporate additional changes to the Conference website. Because the Conference has its own server, there is capacity to host many websites as well as the possibility to use this new technology in creative ways.

C. Office Expansion. An office expansion had been previously approved to accommodate the additional staff positions. The Conference office space has now increased by 1537 square feet.

D. Personnel Manual. The Interim CAO submitted a draft of a revised Personnel Policy Manual for the Executive Committee’s review, comment, and approval. Approval was deferred to the Tuesday meeting of the Executive Committee.

E. Insurance. The Interim CAO also reported that he has reviewed the insurance coverage for the Conference’s employees and officers and effected an increase in the “umbrella” insurance policy. The Interim CAO has also reviewed the Conference’s health insurance plans and has recommended making changes to those plans in the near future to be approved by the Executive Committee in January.

8. Report of Legislative Committee

Commissioner Houghton reported that there have been 214 introductions and 109 enactments since the last annual meeting. UCC Article 9 has been enacted in all states plus the District of Columbia, which is an unprecedented achievement.

The Uniform Athlete Agents Act has been met with much enthusiasm with 26 introductions and 11 enactments.

New targeted Acts added at the 2001 Mid-Year Meeting, upon the recommendation of the Legislative Council were: the Uniform Arbitration Act (2000); the Uniform Athlete Agents Act; the Uniform Interstate Enforcement of Domestic Violence Protection Orders Act, the Uniform Parentage Act (2000), and the Uniform Trust Code.

Commissioner Houghton urged that adequate resources and effort be used to coordinate a focused and targeted agenda for enactment of the Uniform Trust Code. He emphasized the importance to strategize early in the process and thereby build momentum for enactment. He also supported the addition of an attorney to staff to work on enactment efforts generally.

The Southern and Southeast regions were recognized for improved performance in their enactment efforts.

John McCabe reported on meetings regarding the relation between the federal E-sign Act and UETA and suggestions that might remove some opposition to the act which suggestions are available from the Legislative Director.

Commissioner Fry also reported on the consumer objections to the standard language to exempt UETA from the federal E-sign Act. To defer to requests made by consumer representatives, a motion was made and approved to modify the “boilerplate” language in uniform acts where applicable to state in relation to the federal act [”that Act”]: “, except that nothing in this [Act] modifies, limits, or supersedes Section 101(c) of that [Act] nor authorizes electronic delivery of any of the notices described in Section 103(b) of that [Act]”.

9. Report of the Vice President.

The Vice President’s Report on Committee Activities was submitted.

10. Appointment of Nominating Committee

A motion was made and approved for a Nominating Committee composed of the following Commissioners: Robert C. Robinson, Chair; M. Michael Cramer; Battle R. Robinson; Charles A. Trost; David S. Walker.

11. Consideration of Life Memberships

A motion was made and approved to recommend life membership to the Conference for Battle Robinson. It was noted that life memberships for Gerald L. Bepko, Gene N. Lebrun, Richard B. Long, Fred H. Miller, Roger P. Morgan, and Neal Ossen were recommended at the Executive Committee’s 2001 mid-year meeting.

12. Office Administrative and Management Issues

This matter was deferred to the Executive Committee Meeting on Tuesday.

13. Approval for Committees to meet during Annual Meeting

A motion was made and approved that the following drafting committees have permission to meet during the 2001 Annual Meeting: Uniform Child Witness Testimony by Alternative Methods Act, Uniform Commercial Code Article 1, Uniform Commercial Code Articles 2 and 2A, Uniform Consumer Leases Act, Uniform Interstate Family Support Act, Revised Uniform Limited Partnership Act , and Uniform Mediation Act.

14. Report of Permanent Editorial Board for Uniform Commercial Code

A. Activities. A motion was made and approved to accept the report submitted by the Permanent Editorial Board as contained in the report of the Vice President.

B. Budget. A motion was made and approved to approve the PEB and Special Fund budgets as presented.

15. Report of Joint Editorial Board for Uniform Trust and Estate Acts

A. Activities. A motion was made and approved to accept the report from the Joint Editorial Board for Uniform Trust and Estate Acts that was presented to the Executive Committee.

B. Budget. This was deferred to the Executive Committee Meeting on Tuesday.

16. Report of Joint Editorial Board for Uniform Real Property Acts

A. Activities. A motion was made and approved to accept the report from the Joint Editorial Board for Uniform Real Property Acts that was presented to the Executive Committee.

B. Budget. A motion was made and approved to approve the budget as presented.

17. Report of Joint Editorial Board for Unincorporated Organization Acts

A. Activities. A motion was made and approved to accept the report from the Joint Editorial Board for Unincorporated Organization Acts that was presented to the Executive Committee.

B. Budget. A motion was made and approved to approve the budget as presented.

18. Report on Joint Editorial Board for Family Law

A. Activities. A motion was made and approved to accept the report from the Joint Editorial Board for Family Law that was presented to the Executive Committee.

B. Budget. A motion was made and approved to approve the budget as presented.

19 and 20. Vote to Extend Privileges of the Floor

The Executive Committee had previously voted to grant privileges of the floor to the attached list of Reporters, ALI Representatives, and ABA Advisors. A motion also was adopted to grant floor privileges to Justice Thomas Moyer from the ABA concerning the Uniform Mediation Act.

21. Report of Committee on Review of Conference Acts

This matter was deferred to the Executive Committee Meeting on Tuesday.

22. Consideration of Discharge of Standby Committees

A motion was made and approved to discharge the Standby Committee on the Uniform Child Custody Jurisdiction and Enforcement Act.

23. Designation of Acts as Uniform or Model

A motion was made and approved to designate the Apportionment of Tort Responsibility Act as a uniform act.

A motion was made and approved to designate the Child Witness Testimony by Alternative Methods Act as a uniform act.

A motion was made and approved to designate the Estate Tax Apportionment Act as a uniform act.

A motion was made and approved to designate the Nonjudicial Foreclosure Act as a uniform act.

A motion was made and approved to designate the Revised Uniform Securities Act as a uniform act. 2

4. Report of Chair of Scope and Program

This was deferred to the Executive Committee Meeting on Tuesday.

25. Announcement of Mid-Year Scope and Program and Executive Committee Meetings

The meeting will be held on January 10-13, 2002 at the Baltimore Harbor Court Hotel, Baltimore, Maryland.

26. Annual Meeting Survey Results

Commissioner Evenchick reported that the results of the survey will be summarized in an upcoming newsletter.

27. Other Business

A motion was made and approved that a letter from Commissioner Robert E. Sullivan regarding annual meeting registration fees for Life Members be taken under advisement by the President and his designees with a recommendation to be submitted for action by the Executive Committee at their 2002 Mid-Year Meeting.

The meeting adjourned at 5:00 p.m.

 

Privileges of the Floor Have Been Granted to the Following People: