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 WEST VIRGINIA
New Mediation Law Among Acts Scheduled for Completion

July 27, 2001—A busy agenda of uniform act drafts dealing with issues ranging from confidentiality in mediation to consumer leases, as well as revisions to the Uniform Commercial Code, awaits the Uniform Law Commissioners (ULC) at their 2001 Annual Meeting, scheduled for The Greenbrier in White Sulphur Springs, West Virginia, from August 10 - 17.

The ULC, officially called the National Conference of Commissioners on Uniform State Laws, is now in its 110th 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.

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.

One of the acts the commissioners will consider for final approval in West Virginia deals with the timely issue of mediation. The increasing use of mediation by individuals and businesses has been accompanied by an increasing number of statutes dealing with the matter. Current rules on mediation can be found in more than 2,500 state statutes; more than 250 of these deal with issues of confidentiality and privileges alone. Many of these statutes can be replaced by the Uniform Mediation Act, which has more general rules on confidentiality and privilege.

A new act drafted to regulate state consumer leasing is scheduled for final approval. The Uniform Consumer Leases Act covers leases of consumer goods for terms longer than four months. It assures fair practices in consumer leasing.

The Uniform Limited Partnership Act, last amended in 1985 and adopted in nearly every state, has been completely revised to adapt the act to new uses. The revision reflects the shift in use of limited partnerships from businesses to family limited partnerships used in estate planning.

Amendments to the Uniform Interstate Family Support Act (UIFSA), last amended in 1996 and adopted in every state, are also up for final vote. Some of the changes in this act include expanding the definition of “state” so other countries may have their orders enforced in the U.S. under the terms of UIFSA.

Important amendments to the Uniform Commercial Code are also scheduled for final approval. UCC Article 2, which applies to the sale of tangible goods, and UCC Article 2A, which applies to lease contracts, have together been amended to conform with modern business practices, including electronic commerce.

UCC Article 1, the general provisions section of the UCC, has been amended to harmonize with ongoing UCC projects and recent revisions. The Uniform Commercial Code is a joint project of the ULC and the American Law Institute.

The full agenda for the West Virginia meeting includes the following:

Acts scheduled for completion and approval:

• Amendments to Uniform Commercial Code Article 1
• Amendments to Uniform Commercial Code Article 2 and Article 2A
• Revision of Uniform Limited Partnership Act
• Uniform Mediation Act
• Uniform Consumer Leases Act
• Amendments to Uniform Interstate Family Support Act

The following acts will be debated:

• Uniform Estate Tax Apportionment Act and Section 3-916 of the Uniform Probate Code
• Uniform Nonjudicial Foreclosure Act
• Uniform Securities Act
• Uniform Child Witness Testimony by Alternative Methods Act
• Uniform Apportionment of Tort Responsibility

For further information on the ULC, or for current information about any acts or committees, please visit our Web site at www.nccusl.org.