COUNCIL OF STATE GOVERNMENTS INCLUDES TWO UNIFORM ACTS
AS "SHARED STATE LEGISLATION"
December 14, 2023 – Two uniform acts were approved for inclusion in the Council of State Governments' (CSG) "Shared State Legislation" compilation at the CSG SSL's December 2023 meeting. The Uniform Community Property Disposition at Death Act and the Uniform Unregulated Child Custody Transfer Act – included as "shared state legislation" – were drafted and approved by the Uniform Law Commission (ULC).
Uniform Community Property Disposition at Death Act. Community property acquired by a married couple retains its character as community property even when the couple relocates to reside in a non-community property state. This result creates potential distribution problems at the death of the first spouse but also creates potential estate planning opportunities. However, the probate court in a non-community property state may not recognize the status of community property in a decedent's estate. The Uniform Community Property Disposition at Death Act provides clear default rules to ensure the proper disposition of community property in any state. It is recommended for adoption by all non-community property states.
Uniform Unregulated Child Custody Transfer Act. In some cases, parents find that, after the birth or adoption of their child, they experience considerable difficulty or even inability in caring for or effectively managing the child's behavior, which sometimes leads to families transferring a child to another person outside of the courts and the child welfare system. Without specific regulations directed at these types of unregulated transfers, a transfer of custody might go unnoticed within the child welfare system. The Act addresses the transfer of children in these types of cases.
Further information on each of these Uniform Acts can be found at the ULC's website at www.uniformlaws.org.
What is Shared State Legislation (SSL)? Launched in 1941, The Council of State Governments' Shared State Legislation–or SSL–program, previously known as Suggested State Legislation, is both a member-driven process and an annual publication detailing topics of current importance to the states. The CSG SSL Committee, comprised exclusively of state officials, meets annually to review legislation adopted in the states. The committee then selects legislation to be included in the annual SSL volume. These volumes are published online for dissemination to state leaders and staff.
CSG does not promote or advocate for the enactment of state legislation, nor does it draft model legislation. Rather, the program's goal is to facilitate the sharing of legislative ideas among CSG members. The consideration or dissemination of such legislation by the SSL Committee does not constitute an endorsement nor will CSG advocate for the enactment of any such legislation in any member jurisdictions.
About the Uniform Law Commission. The Uniform Law Commission is comprised of more than 350 practicing lawyers, governmental lawyers, judges, law professors and lawyer-legislators, who are appointed by each state, 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 laws where uniformity is desirable and practical. Now in its 132nd year, the ULC has provided states with over 250 uniform acts that help bring clarity and stability to critical areas of state statutory law.
About the Council of State Governments. Founded in 1933, the Council of State Governments is the country's only organization serving all three branches of state government. CSG is a region-based forum that fosters the exchange of insights and ideas to help state officials shape public policy. This offers unparalleled regional, national and international opportunities to network, develop leaders, collaborate and create problem-solving partnerships.
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Contact: Katie Robinson, ULC Senior Director, Strategy & Communications, krobinson@...
Uniform Law Commission
111 N. Wabash Ave., Suite 1010, Chicago, IL 60602
312-450-6600, www.uniformlaws.org
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Katie Robinson
Senior Director for Strategy and Communications
Chicago IL
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