In the United States, a uniform act is a proposed state law drafted and approved by the Uniform Law Commission (ULC), also known as the National Conference of Commissioners on Uniform State Laws (NCCUSL).

Federalism in the United States traditionally limits the legislative authority of the federal government in favor of the states. Specifically, the Tenth Amendment of the United States Constitution states that "powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people". Therefore, state governments are free to enact unique laws in any area beyond the purview of federal preemption. Under the doctrine of Erie Railroad Co. v. Tompkins (1938), federal courts cannot dictate law to states on pure issues of state common law (i.e., almost all of contract, tort, and family law). However, a variety of legal issues regularly transcend state lines, which makes a predictable and relatively uniform set of laws across states a desirable objective. "Uniform acts" are collaboratively written model laws intended to facilitate the enactment of identical or similar laws by the separate states. Such laws are distinct from interstate compacts.

Drafting

The NCCUSL is a body of private and government lawyers, state and federal judges, and law professors who are typically appointed by state governors. It drafts laws on a variety of subjects and proposes them for enactment by each state, the District of Columbia, the U.S. Virgin Islands, and Puerto Rico. NCCUSL was established in 1892. As a result, the lawyer missed a filing deadline on a multimillion-dollar claim. The court wrote, "[w]e cannot rewrite Florida probate law to accommodate a Michigan attorney more familiar with the Uniform Probate Code".

U.S. Territory of Palmyra Island

Uniform acts enacted in Hawaii after statehood in 1959 do not apply in the federal Territory of Palmyra Island. Palmyra Island was in the former Territory of Hawaii but was excluded from the state, and the territorial statutes remain in force there unless superseded by subsequent federal laws or cases.

Model law

Model act, also called a model law or a piece of model legislation, is a suggested example for a law, drafted centrally to be disseminated and suggested for enactment in multiple independent legislatures.

See also

  • List of Uniform Acts (United States)
  • Model act
  • Uniform Commercial Code
  • State law
  • UNIDROIT

References

  • The National Conference of Commissioners on Uniform State Laws
  • NCCUSL's List of Uniform Acts