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Guidelines for Drafting Uniform Acts

The uniform acts may not be written in ways that are consistent with the way that California statutes are written

California State Capitol. (Photo: Kevin Sanders for California Globe)

The Uniform Law Commission (ULC) (formerly known as the National Conference of Commissioners on Uniform State Laws) is a nonprofit association that is comprised of members from each state, and the ULC encourages the uniformity of state laws. The ULC intends that the uniform acts be followed exactly, and they urge state legislatures to adopt the uniform acts exactly as written in order to promote uniformity in laws among the states.

Nonetheless, the uniform acts may not be written in ways that are consistent with the way that California statutes are written. However, is it appropriate to change something in a uniform act? Language in a uniform act should generally not be changed. If changes are required, keep those changes to a minimum and to conform to California law or unique circumstances.

The uniform act should be modified to reflect the proper use of subdivisions, paragraphs, and clauses to be the same as other California statutes. This is because uniform acts are usually numbered and lettered in a different manner. In addition, the ULC’s punctuation system may not conform to California’s system. Of course, the bill drafter must be careful in making punctuation changes so as not to change any meanings.

Headings should also be reviewed so that they conform to California’s system. Finally, definitions in the uniform act should be reviewed to ensure they are compatible with definitions found in other California statutes.

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Chris Micheli: Chris Micheli is an attorney and lobbyist with Snodgrass & Micheli, LLC, as well as an Adjunct Professor at McGeorge School of Law.

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