Uniform Act

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In the United States, a Uniform Act is a proposed state law drafted by the Uniform Law Commission (ULC) and approved by its sponsor, the National Conference of Commissioners on Uniform State Laws (NCCUSL).

United States Federal republic in North America

The United States of America (USA), commonly known as the United States or America, is a country comprising 50 states, a federal district, five major self-governing territories, and various possessions. At 3.8 million square miles, the United States is the world's third or fourth largest country by total area and is slightly smaller than the entire continent of Europe's 3.9 million square miles. With a population of over 327 million people, the U.S. is the third most populous country. The capital is Washington, D.C., and the largest city by population is New York City. Forty-eight states and the capital's federal district are contiguous in North America between Canada and Mexico. The State of Alaska is in the northwest corner of North America, bordered by Canada to the east and across the Bering Strait from Russia to the west. The State of Hawaii is an archipelago in the mid-Pacific Ocean. The U.S. territories are scattered about the Pacific Ocean and the Caribbean Sea, stretching across nine official time zones. The extremely diverse geography, climate, and wildlife of the United States make it one of the world's 17 megadiverse countries.

In the United States, state law refers to the law of each separate U.S. state.

Uniform Law Commission United States law organization

The Uniform Law Commission is a non-profit, American unincorporated association. Established in 1892, the ULC aims to provide U.S. states with well-researched and drafted legislation to bring clarity and stability to critical areas of statutory law across jurisdictions. The ULC promotes enactment of uniform acts in areas of state law where uniformity is desirable and practical. The ULC headquarters are in Chicago, Illinois.

Contents

Federalism in the United States traditionally limits the legislative authority of the federal government in favor of the states. Specifically, the Tenth Amendment of the United States Constitution states that "powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people". [1] Therefore, state governments are free to enact unique laws in any area beyond the purview of federal preemption. Under the doctrine of Erie Railroad Co. v. Tompkins (1938), federal courts cannot dictate law to states on pure issues of state common law (almost all of contract, tort, and family law). However, a variety of legal issues regularly transcend state lines, which makes a predictable and relatively uniform set of laws across states a desirable objective. "Uniform Acts" are collaboratively written model laws intended to facilitate the enactment of identical or similar laws by the separate states. Such laws are distinct from interstate compacts.

Federalism in the United States Division of powers between national, state, tribal and local governments

Federalism in the United States, also referred to as the doctrine of shared sovereignty, is the constitutional division of power between U.S. state governments and the federal government of the United States. Since the founding of the country, and particularly with the end of the American Civil War, power shifted away from the states and towards the national government. The progression of federalism includes dual, state-centered, and new federalism.

Federal government of the United States National government of the United States

The Federal Government of the United States is the national government of the United States, a federal republic in North America, composed of 50 states, a federal district, five major self-governing territories, and several island possessions. The federal government is composed of three distinct branches: legislative, executive, and judicial, whose powers are vested by the U.S. Constitution in the Congress, the President, and the federal courts, respectively. The powers and duties of these branches are further defined by acts of congress, including the creation of executive departments and courts inferior to the Supreme Court.

U.S. state constituent political entity of the United States

In the United States, a state is a constituent political entity, of which there are currently 50. Bound together in a political union, each state holds governmental jurisdiction over a separate and defined geographic territory and shares its sovereignty with the federal government. Due to this shared sovereignty, Americans are citizens both of the federal republic and of the state in which they reside. State citizenship and residency are flexible, and no government approval is required to move between states, except for persons restricted by certain types of court orders. Four states use the term commonwealth rather than state in their full official names.

Drafting

The NCCUSL is a body of private and government lawyers, state and federal judges, and law professor s who are typically appointed by state governor s. It 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.

Governor (United States) position of the head of the government of a state or territory of the United States

In the United States, a governor serves as the chief executive officer and commander-in-chief in each of the fifty states and in the five permanently inhabited territories, functioning as both head of state and head of government therein. As such, governors are responsible for implementing state laws and overseeing the operation of the state executive branch. As state leaders, governors advance and pursue new and revised policies and programs using a variety of tools, among them executive orders, executive budgets, and legislative proposals and vetoes. Governors carry out their management and leadership responsibilities and objectives with the support and assistance of department and agency heads, many of whom they are empowered to appoint. A majority of governors have the authority to appoint state court judges as well, in most cases from a list of names submitted by a nominations committee.

State legislature (United States) legislature of a U.S. state

A state legislature in the United States is the legislative body of any of the 50 U.S. states. The formal name varies from state to state. In 25 states, the legislature is simply called the Legislature, or the State Legislature, while in 19 states, the legislature is called the General Assembly. In Massachusetts and New Hampshire, the legislature is called the General Court, while North Dakota and Oregon designate the legislature the Legislative Assembly.

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.

Uniform Commercial Code

The Uniform Commercial Code (UCC), first published in 1952, is one of a number of Uniform Acts that have been established as law with the goal of harmonizing the laws of sales and other commercial transactions across the United States of America (U.S.) through UCC adoption by all 50 states, the District of Columbia, and the Territories of the United States.

Uniform Probate Code body of laws covering inheritance in the United States

The Uniform Probate Code is a uniform act drafted by National Conference of Commissioners on Uniform State Laws (NCCUSL) governing inheritance and the decedents' estates in the United States. The primary purposes of the act were to streamline the probate process and to standardize and modernize the various state laws governing wills, trusts, and intestacy.

The Uniform Trust Code is a model law in the United States, which although not binding, is influential in the states, and used by many as a model law. As of March 18, 2016, 31 States.

In total, there are more than 100 uniform acts, which the NCCUSL periodically updates. 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.

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 2012 UPMIFA is the law in 49 states, the District of Columbia and the U.S. Virgin Islands. Neither Pennsylvania nor Puerto Rico has adopted UPMIFA.

A state may adopt a uniform act as written by NCCUSL, or a state may adopt a modified version. Unless such changes are minor, they can seriously obstruct the purpose of uniform acts—legal harmonization. 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 (1995), a lawyer relied on the official text of the Uniform Probate Code and failed to check the relevant Florida statute. [2] As a result, the lawyer missed a filing deadline on a multimillion-dollar claim. The court wrote, "[w]e cannot rewrite Florida probate law to accommodate a Michigan attorney more familiar with the Uniform Probate Code". [3]

Florida State of the United States of America

Florida is the southernmost contiguous state in the United States. The state is bordered to the west by the Gulf of Mexico, to the northwest by Alabama, to the north by Georgia, to the east by the Atlantic Ocean, and to the south by the Straits of Florida. Florida is the 22nd-most extensive, the 3rd-most populous, and the 8th-most densely populated of the U.S. states. Jacksonville is the most populous municipality in the state and the largest city by area in the contiguous United States. The Miami metropolitan area is Florida's most populous urban area. Tallahassee is the state's capital.

Michigan State of the United States of America

Michigan is a state in the Great Lakes and Midwestern regions of the United States. The state's name, Michigan, originates from the Ojibwe word mishigamaa, meaning "large water" or "large lake". With a population of about 10 million, Michigan is the tenth most populous of the 50 United States, with the 11th most extensive total area, and is the largest state by total area east of the Mississippi River. Its capital is Lansing, and its largest city is Detroit. Metro Detroit is among the nation's most populous and largest metropolitan economies.

Non-NCCUSL model laws

Model Penal Code

The Model Penal Code, which seeks to harmonize state criminal law statutes, is in effect a uniform act but it was developed by the American Law Institute rather than the NCCUSL.

Other model laws

The Uniform Auction and Auctioneer Licensing Act (2006) is a sample law proposed by the National Auctioneers Association [4] that is intended as a template for states drafting their own legislation governing auctions and auctioneers. [5]

Other notable non-NCCUSL model laws include the Uniform Vehicle Code, 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 model civil procedure for states and have been adopted, to some extent, by 35 states.

See also

Related Research Articles

United States Code official compilation and codification of the United States federal laws

The Code of Laws of the United States of America is the official compilation and codification of the general and permanent federal statutes of the United States. It contains 53 titles. The main edition is published every six years by the Office of the Law Revision Counsel of the House of Representatives, and cumulative supplements are published annually. The official version of those laws not codified in the United States Code can be found in United States Statutes at Large.

The Uniform Anatomical Gift Act (UAGA), and its periodic revisions, is one of the Uniform Acts drafted by the National Conference of Commissioners on Uniform State Laws (NCCUSL), also known as the Uniform Law Commission (ULC), in the United States with the intention of harmonizing state laws between the states.

American Law Institute

The American Law Institute (ALI) was established in 1923 to promote the clarification and simplification of United States common law and its adaptation to changing social needs. Members of ALI include law professors, attorneys, judges and other professionals in the legal industry. ALI writes documents known as "treatises", which are summaries of state common law Many courts and legislatures look to ALI's treatises as authoritative reference material concerning many legal issues. However, some legal experts and the late Supreme Court Justice Antonin Scalia have voiced concern about ALI rewriting the law as they want it to be instead of as it is.

The Uniform Determination of Death Act (UDDA) is a model state law that was approved for the United States in 1981 by the National Conference of Commissioners on Uniform State Laws, in cooperation with the American Medical Association, the American Bar Association, and the President's Commission for the Study of Ethical Problems in Medicine and Biomedical and Behavioral Research. The act has since been adopted by most US states and is intended "to provide a comprehensive and medically sound basis for determining death in all situations". Brain death is a different condition than persistent vegetative state. Due to better seat belt use, bicycle helmets, and the general decrease in violent crime, there are lower numbers of brain deaths now than historically. Donation after cardiac death (DCD) is a new protocol applied when there is severe neurologic injury but the patient does not meet the criteria for brain death.

The Uniform Partnership Act (UPA), which includes revisions that are sometimes called the Revised Uniform Partnership Act (RUPA), is a uniform act, proposed by the National Conference of Commissioners on Uniform State Laws ("NCCUSL") for the governance of business partnerships by U.S. States. Several versions of UPA have been promulgated by the NCCUSL, the earliest having been put forth in 1914, and the most recent in 1997.

The Uniform Arbitration Act was an act that originated in the year 1955. It was created by the National Conference of Commissioners on Uniform State Laws (NCCUSL). The main purpose of this law was to create one way to go about making an arbitration in the United States law. The law is currently preempted in almost all contexts by the 1925 FAA.

The Uniform Principal and Income Act (UPAIA) is one of the uniform acts that have been promulgated in an attempt to harmonize the law in all fifty U.S. states. The Act was completed by the Commissioners on Uniform State Laws in 1997, and amended in 2000.

The Uniform Limited Partnership Act (ULPA), which includes its 1976 revision called the Revised Uniform Limited Partnership Act (RULPA), is a uniform act, proposed by the National Conference of Commissioners on Uniform State Laws ("NCCUSL") for the governance of business partnerships by U.S. States. The NCCUSL promulgated the original ULPA in 1916 and the most recent revision in 2001.

The Uniform Securities Act (USA) is a model statute designed to guide each state in drafting its state securities law. It was created by the National Conference of Commissioners on Uniform State Laws (NCCUSL).

The Uniform Apportionment of Tort Responsibility Act (UATRA), and its periodic revisions, is one of the Uniform Acts drafted by the National Conference of Commissioners on Uniform State Laws (NCCUSL) with the intention of harmonizing state laws in force in the states.

Civil procedure in the United States consists of the rules of civil procedure that govern procedure in the federal courts, the 50 state court systems, and in the territorial courts. Civil procedures are distinct from criminal procedures in the US. Like much of American law, civil procedure is not reserved to the federal government in its Constitution. As a result, each state is free to operate its own system of civil procedure independent of her sister states and the federal court system.

In the United States a model act is statutory text, typically drafted by the Uniform Law Commission (ULC), that is meant to serve as a guide for subsequent legislation. It is not usually meant to be enacted exactly as it is written, but is provided by the ULC as a suggestion to the various state and territorial legislatures from which they create their own law.

Administrative Procedure Act (United States) US federal statute regarding regulation making by administrative agencies

The Administrative Procedure Act (APA), Pub.L. 79–404, 60 Stat. 237, enacted June 11, 1946, is the United States federal statute that governs the way in which administrative agencies of the federal government of the United States may propose and establish regulations. To protect citizens, the APA also grants the judiciary oversight over all agency actions. It is one of the most important pieces of United States administrative law.

The Uniform Interstate Depositions and Discovery Act (UIDDA) is a model statute adopted by a majority of U.S. states to establish a uniform process for obtaining depositions and discovery in concert with other participating states. In 2007 the Uniform Law Commission promulgated, and recommended all states enact, the UIDDA. To identify at which stage of enactment the various states and territories are, ULC maintains an up-to-date map.

Uniform Power of Attorney Act A proposed uniform law in the United States

The Uniform Power of Attorney Act (2006) (UPOAA) was a law proposed by the National Conference of Commissioners on Uniform State Laws (ULC) to create a uniform framework for power of attorney provisions throughout the United States.

References

  1. ↑ United States Government Printing Office . "TENTH AMENDMENT ---- RESERVED POWERS ---- CONTENTS" (PDF). gpo.gov.
  2. ↑ 672 So. 2d 822 (Fla. 2d DCA 1995)
  3. ↑ 672 So.2d at 823.
  4. ↑ NAA Archived 2007-11-10 at the Wayback Machine
  5. ↑ NAA | NAA Drafts Sample Auction License Law and Encourages Adoption by State Legislatures Archived 2009-01-29 at the Wayback Machine
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