Uniform Law Commission offers 7 new acts.
The ULC Florida Commissioners--Scott L. Baena, Clinton R. Losego, Christiana T. Moore, and Nicholas W. Romanello--were joined by more than 200 lawyers, judges, law professors, legislators, and government attorneys appointed in their respective jurisdictions to serve as uniform law commissioners.
"As they have done each summer since 1892, uniform law commissioners gathered for a full week to discuss--and debate line by line, word by word--legislative proposals drafted by their colleagues during the year," Romanello said.
The seven acts approved and now available for state enactment include:
* The Uniform Interstate Family Support Act (UIFSA), the law in every state, was amended to modify the current version of UIFSA's international provisions to comport with the obligations of the United States under the 2000 Hague Convention on Maintenance, which was signed by the president in 2008. The amendments give greater enforcement of U.S. orders abroad; also, foreign orders will be recognized and enforced like orders of other American states.
* The Uniform Common Interest Ownership Act (UCIOA) was amended in order to update the 1994 UCIOA, which provides provisions for creating, managing, and terminating condominium, planned community, and other types of real estate cooperatives. Amendments to UCIOA were necessary in light of intervening developments in this area of the law. A Uniform Common Interest Ownership Bill of Rights Act is also available as a separate act.
* The Revised Uniform Unincorporated Nonprofit Association Act (RUUNAA) is the product of a joint project between the ULC, the Uniform Law Conference of Canada, and the Mexican Center on Uniform Laws. The RUUNAA, a revision of the UUNAA of 1996, governs all unincorporated nonprofit associations (UNAs) that are formed or operate in a state that adopts the act. There are hundreds of thousands of UNAs in the United States, including educational, scientific, and literary clubs, sporting organizations, political organizations, neighborhood associations, and the like. The RUUNAA provides a basic legal framework for the operation of UNAs.
* The Uniform Unsworn Foreign Declarations Act will permit, in state court proceedings, unsworn declarations under penalty of perjury to be executed by witnesses located outside the United States in lieu of affidavits, verifications, or other sworn court filings. Obtaining an affidavit abroad can be a costly and time-consuming process, making a uniform state law on this subject extremely useful in transnational litigation.
* Amendments to the Uniform Probate Code and the Uniform Principal and Income Act were also approved.
Information on all of the acts, including the approved text of each act, can be found at the ULC Web site at www.nccusl.org.
"Once an act is approved by the ULC, it is officially promulgated for consideration by the states, and the legislatures are urged to adopt it," Romanello said. "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, the Uniform Partnership Act, and the Uniform Interstate Family Support Act."
Romanello said Florida joined the ULC in 1895, and since that time has enacted more than 70 uniform or model acts promulgated by the conference.
"The procedures of the Uniform Law Commission ensure meticulous consideration of each uniform or model act," Romanello said. "The ULC usually spends a minimum of two years on each draft. Sometimes, the drafting work extends much longer. No single state has the resources necessary to duplicate this meticulous, careful, nonpartisan effort. Working together with pooled resources through the ULC, Florida joins with every other state to produce the impressive body of laws known as the 'Uniform State Laws.'"
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|Publication:||Florida Bar News|
|Date:||Sep 15, 2008|
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