July 22, 2009 – As interstate commerce expanded during the latter half of the 19th century, states found that the wide variations and legal interpretations created by different states dictated the need for more uniform laws. Acting on the recommendation of the American Bar Association, they responded by creating the Uniform Law Commission (ULC), a non-governmental body intended to promote the “uniformity of state law.”
The ULC includes commissioners from every state as well as members from the District of Columbia, the Commonwealth of Puerto Rico and the U.S. Virgin Islands. Each individual jurisdiction appoints its commissioners, all of whom must be members of the bar.
In Wisconsin, a Commission on Uniform State Laws is created by Wis. Stat. §13.55. The Wisconsin commission consists of nine members: two public members appointed by the governor, four legislative members (two from each house and from different political parties), the director of the Legislative Council or staff designee, and chief of the Legislative Reference Bureau or staff designee. A legislative seat can also be filled by a former legislator if no current legislator meets the criteria, or if no eligible legislator is willing or able to accept the appointment.
The Wisconsin Commission meets annually to review all current and previous uniform acts passed by the ULC. Because its membership includes sitting legislators, they can request Wisconsin drafts and introduce the bills themselves. In most cases the commission will forward the bills to specific practice sections of the State Bar for further review.
The State Bar’s role in the review process usually consists of the creation of a working group of interested practitioners that reviews proposals line by line, often working in conjunction with other professional and trade organizations that will be affected by the proposed bill. While the goal of such working groups is to promote interstate uniformity, prior law, unique state conditions and other factors are also considered, which sometimes results in a working group recommendation to retain current Wisconsin law.
How Does the National Commission on Uniform State Laws Work?
ULC commissioners meet annually as a Committee of the Whole at a National Conference to review, debate, study and amend uniform drafts. Most uniform act proposals focus on specific areas of law, including: family law, estates, probate and trusts, real estate, commercial law and alternative dispute resolution. Once an issue has been identified, a drafting committee is created to develop a proposal (sometimes over a multi-year period), which is then forwarded to the National Conference for review. Proposals must be presented at no fewer than two annual meetings of the Committee of the Whole. Most drafts are amended further during this process.
After the Committee of the Whole approves the proposal, it must be voted on by each individual state. There is only one vote per jurisdiction and a majority must be present to vote. At least 20 jurisdictions must vote to approve a proposal before it is officially adopted as an “act” and disseminated for consideration by the jurisdictions. The act can take the form of either a “Uniform Act,” which must be adopted exactly as written by the ULC, or a “Model Act,” which serves as a guide for states and other jurisdictions.
The ULC has passed or proposed more than 200 uniform or model acts, many of which have gained nationwide acceptance, especially in the area of business or commercial law (including the Uniform Commercial Code, Uniform Sales Act, Uniform Partnership Act, and others).
Current Uniform Law Commission Act before the Wisconsin Legislature
Gov. Jim Doyle has signed one ULC act into law during the current legislative session; Senate Bill 31, the Uniform Prudent Management of Institutional Funds Act (UPMIFA) was signed on July 20 (see, UPMIFA passes both houses, awaits signature from governor for more information). That proposal was recommended for passage by the ULC in 2006. Assembly Bill 202, regarding the repeal of a portion of the Uniform Commercial Code (UCC), passed the Assembly last month. It would repeal Article 6, which deals with the transfer of bulk inventory, and was recommended for passage by the ULC in 1989. Wisconsin is one of only three states that have yet to implement this act. Other ULC legislation that will be proposed later this session would modify the Financial Power of Attorney Act (F-POA), Uniform Trust Code (UTC), Uniform Commercial Code Article 1 and Article 7, and the Revised Uniform Partnership Act (RUPA).
Current Wisconsin Commission of Uniform State Law Members
Joanne Huelsman (Senate-Minority), Chairperson
Senator Fred Risser (Senate-Majority)
Representative David Cullen (Assembly-Majority)
Representative Mark Gundrum (Assembly-Minority)
Justice Ann Walsh Bradley (Public Member)
Terry Anderson (Legislative Council Staff)
Michael Weiden (Public Member)
Richard Champagne (Legislative Reference Bureau), Secretary
Life Members
Lawrence J. Bugge
Peter J. Dykman
Shaun P. Hass
Orlan L. Prestegard
For more information please contact Cale Battles at (800) 444-9404, ext. 6077 or (608) 250-6077.
Rotunda Report is a new newsletter, issued once every two weeks, from the State Bar of Wisconsin that highlights legislative, judicial and administrative developments that impact the legal profession and the justice system. It is produced by the Bar’s Government Relations Team and is distributed free to attorneys, public officials and others who help shape public policy in Wisconsin. We invite your suggestions to make the Rotunda Report more informative and useful and we encourage you to visit our website for the most current information about justice-related issues.
© 2009, State Bar of Wisconsin
