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New ULC Committees to be Appointed Soon

(August 1, 2016) -

Uniform Law Commission
111 N. Wabash Ave., Suite 1010, Chicago, IL  60602
312-450-6600, www.uniformlaws.org

Contact:  Katie Robinson, ULC Communications Officer, krobinson@uniformlaws.org  

NEW DRAFTING AND STUDY COMMITTEES TO BE APPOINTED

August 1, 2016 — At its recent 2016 Annual Meeting, the Executive Committee of the Uniform Law Commission (ULC) authorized the appointment of one new drafting committee and three new study committees.

The new drafting committee is:

Drafting Committee on Unauthorized Disclosure of Intimate Images

This drafting committee will create civil remedies relating to the unauthorized disclosure of intimate images.  The inherent potential for unauthorized disclosure of intimate images over the internet and other technologies present a problem that may transcend state boundaries.  Only nine states have enacted laws that provide a private right of action against the person making the unauthorized posting.  The intentional public dissemination of intimate images without the subject’s consent is not clearly a tort in some jurisdictions.

The new study committees are:

Study Committee on Installment Land Contracts
This study committee will study the need for and feasibility of state legislation on installment land contracts, including the nature of the rights and responsibilities held by a purchaser and a seller under an installment land contract, and the remedies available to the seller following purchaser default.  Installment land contracts are effectively a form of mortgage substitute.  In economic substance, the installment land contract is functionally comparable to a purchase money mortgage in which the seller provides financing of the purchase price.  A uniform or model law on the characterization and enforcement of installment land contracts could provide clarity in an area of law and practice with great practical significance for homebuyers who cannot qualify for institutional mortgage financing.

Study Committee on an Anti-SLAPP Act
This study committee will study the need for and feasibility of drafting a uniform or model Anti-SLAPP law.  The acronym SLAPP stands for Strategic Lawsuit Against Public Participation, meaning a lawsuit of dubious merit brought for the purposes of silencing, intimidating, or retaliating against a defendant who has done nothing more than exercise their lawful rights to free speech and freedom to petition or similar rights.  Anti-SLAPP laws seek to protect such rights by allowing such a defendant to make a motion at the outset of the litigation for an expedited review by the Court, with the burden shifted to the plaintiff to show that the lawsuit is meritorious and that the plaintiff will likely prevail at trial.

Study Committee to Amend the Revised Uniform Law on Notarial Acts
This study committee will study the need for and feasibility of further amendment to the Revised Uniform Law on Notarial Acts to authorize American notaries to perform notarial acts where the individual appears before the notary by audio, video, or through the use of other technologies.

Further information on the new drafting and study committees, as well as information on the Uniform Law Commission, can be found at the ULC’s website at www.uniformlaws.org.

Drafting committees, composed of commissioners, with participation from observers, advisors and reporter-drafters, meet throughout the year.  Tentative drafts are not submitted to the entire Commission until they have received extensive committee consideration.

Proposed acts are subjected to rigorous examination and debate before they become eligible for designation as ULC products.  The final decision on whether an act is ready for promulgation to the states is made near the close of an annual meeting, on a vote by states basis, with an affirmative vote of twenty or more states necessary for final approval.

The Uniform Law Commission, now in its 125th year, provides states with non-partisan, well-conceived and well-drafted legislation that brings clarity and stability to critical areas of state statutory law.  The organization comprises more than 300 lawyers, judges, and law professors, appointed by the states as well as 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 law where uniformity is desirable and practical.  Since its inception in 1892, the group has promulgated more than 200 acts, among them such bulwarks of state statutory law as the Uniform Commercial Code, the Uniform Probate Code, and the Uniform Partnership Act.

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