January 29, 2020 - At its recent 2020 Midyear Meeting, the Executive Committee of the Uniform Law Commission (ULC) authorized the appointment of one new drafting committee and six new study committees.
The new drafting committee is:
Drafting Committee on Conflict of Laws in Trusts and Estates. This drafting committee will draft a uniform or model law to address the problems of conflict of laws in trusts and estates. The committee will address trusts, wills, will substitutes, intestacy, estate administration, fiduciary powers and duties, powers of appointments, powers of attorneys, jurisdictional claims, and statutes of limitations. The Joint Editorial Board for Uniform Trust and Estate Acts recommended this project.
The new study committees are:
Study Committee on Supply Chain Transparency. This committee will study the need for and feasibility of state legislation dealing with transparency in the context of international supply chains. The committee will determine if state legislation to address the existence of child labor, forced labor, human trafficking, and modern slavery in global supply chains (including within the U.S.) is desirable and feasible. The committee will consider different potential legislative options to prevent these human rights abuses, including: (a) disclosure and transparency laws such as those in existing state legislation; (b) laws requiring companies to engage in supply chain due diligence to address human rights impact more generally; or (c) procurement legislation that would link the receipt of state or local contracts to a company's actions. The committee will specifically consider the issue of what types of businesses might be addressed in such legislation, keeping in mind the special considerations for small and medium-sized enterprises. The ULC International Legal Developments Committee recommended this project.
Study Committee on Choice of Law and Choice of Court Clauses. This committee will study the need for and feasibility of drafting a set of uniform laws on choice of law and choice of court clauses in international business transactions. The ULC International Legal Developments Committee recommended this project.
Study Committee on College Athlete Name, Image, and Likeness Issues. This committee will study the need for and feasibility of state legislation addressing the rights of college athletes to their name, image, and likeness. California enacted the first legislation on this topic in 2019, giving student athletes a right to earn money from their name, image, or likeness without affecting the student's scholarship eligibility.
Study Committee on Online Sales Tax Collection. This committee will study the need for and feasibility of state legislation on state taxation of online sales and collection of taxes. In the 2018 decision South Dakota v. Wayfair, the U.S. Supreme Court ruled that the correct standard to determine the constitutionality of a state tax law is whether the tax applies to an activity that has "substantial nexus" with the taxing state, eliminating the requirement that businesses must be physically present in a state before their sales can be taxed. Many states are looking for guidance to address the Wayfair decision.
Study Committee on Tenancy-in-Common Ownership Default Rules. This committee will study the need for and feasibility of state legislation to resolve problems arising under current common law tenancy-in-common ownership default rules. The committee will study the need for and feasibility of an act that would permit a threshold percentage of owners to convert their ownership from tenancy-in-common ownership to a more durable entity form of ownership, such as an LLC – as contrasted with existing law, where such a determination would require unanimity among the co-owners. The Joint Editorial Board for Uniform Real Property Acts recommended this project.
Study Committee to Amend or Revise the Uniform Health Care Decisions Act. This committee will study the need for and feasibility of amending or revising the Uniform Health Care Decisions Act (UHCDA). The UHCDA was originally promulgated in 1993 and has been enacted in eight states. The key issues in the UHCDA warranting possible revisions are the priority list of those who can act as surrogate; identification of residual surrogates; provision for oral appointment; lack of domestic partnerships, civil unions, or co-habitants in the surrogate list; disqualification of surrogates; scope of surrogate decisions; and decision-making by mature minors. The Joint Editorial Board on Uniform Family Law and the Committee to Monitor Developments in Healthcare Law recommended this project.
Further information on the new drafting and study committees, as well as information on the Uniform Law Commission, can be found at the ULC's website at www.uniformlaws.org.
Drafting committees, composed of commissioners, with participation from observers, advisors and reporter-drafters, meet throughout the year. Tentative drafts are not submitted to the entire Commission until they have received extensive committee consideration.
Proposed acts are subjected to rigorous examination and debate before they become eligible for designation as ULC products. The final decision on whether an act is ready for promulgation to the states is made near the close of an annual meeting, on a vote by states basis, with an affirmative vote of twenty or more states necessary for final approval.
The Uniform Law Commission, now in its 129th year, provides states with non-partisan, well-conceived and well-drafted legislation that brings clarity and stability to critical areas of state statutory law. The organization comprises more than 300 lawyers, judges, and law professors, appointed by the states as well as the District of Columbia, Puerto Rico, and the U.S. Virgin Islands, to research, draft and promote enactment of uniform state laws in areas of state law where uniformity is desirable and practical. Since its inception in 1892, the group has promulgated more than 200 acts, among them such bulwarks of state statutory law as the Uniform Commercial Code, the Uniform Probate Code, and the Uniform Partnership Act.
Uniform Law Commission / 111 N. Wabash Ave., Suite 1010, Chicago, IL 60602 / 312-450-6600
Contact: Katie Robinson, ULC Communications Officer, krobinson@...
Uniform Law Commission 111 N. Wabash Avenue, Suite 1010 Chicago, Illinois 60602
Uniform Law Commission The Uniform Law Commission (ULC, also known as the National Conference of Commissioners on Uniform State Laws), established in 1892, provides states with non-partisan, well-conceived and well-drafted legislation that brings clarity and stability to critical areas of state statutory law.