IN THIS ISSUE:

Message from the President
Model Tribal Secured Transactions Act Now Complete
Update on the Conference Handbook
Are You Ready for Pittsburgh?
Uniform Law Foundation News

MESSAGE FROM THE PRESIDENT
Fred H. Miller

2005 Annual Meeting Preview

The Conference is heading to Pennsylvania for our 114th annual meeting this summer. We’ll be gathering in Pittsburgh at the Omni William Penn Hotel from July 22-29. This will be the 6th time that the Conference has met in Pennsylvania, but the first time in Pittsburgh.

The first time the Conference met in Pennsylvania was in 1924 in Philadelphia. That year, the state dues collected ranged from $100 to $500. Some of the expenses of the Conference included $2.64 for Conference telegrams, .30 cents for three erasers, $1.50 for two typewriter ribbons, and $1.50 paid in advance to Commissioner George G. Bogert to have the Conference budget copied.

The Chairman of the Legislative Committee reported a total of two (2!!) adoptions of uniform acts in the state legislatures – the Fraudulent Conveyance Act was adopted in Massachusetts and the Declaratory Judgments Act was adopted in New Jersey.

Times certainly have changed!

The business agenda is now complete, and there’s plenty to keep everyone busy. Acts up for final approval include the Uniform Assignment of Rents, Amendments to the Model Entity Transactions Act (adding a section on Divisions), the Uniform Certificate of Title Act, the Uniform Consumer Debt Counseling Act, the Revision to the Uniform Management of Institutional Funds Act, and the Uniform Foreign Country Money Judgments Recognition Act,

We’ll also be debating drafts on Amendments to the Uniform Limited Liability Company Act, Uniform Power of Attorney Act, Standards for the Protection of Children from International Abduction, Amendments to the Uniform Common Interest Ownership Act, the Uniform Agricultural and Agricultural Related Cooperatives Act, Amendments to the Uniform Anatomical Gift Act, Representation of Children in Abuse and Neglect and Custody Proceedings Act, and Revision of the Model State Administrative Procedures Act. Whew!

And when the work has ended, the Pennsylvania commissioners have planned a wide range of social activities, ranging from a trip to Frank Lloyd Wright’s Fallingwater, to a night of musical theater. There is plenty to keep everyone occupied—commissioners, spouses, guests, and children alike.

The annual meeting is the pinnacle of the uniform laws process. The quality of acts, their very integrity, depends upon the attendance of uniform law commissioners from every state. Our annual meetings are also a time to greet old friends, and make new ones. We hope to see you in Pittsburgh this summer, and look forward to another great meeting. It also will be my last one as president. I have enjoyed the experience immensely, hope I have left the Conference in good shape, and look forward to many additional years as a Commissioner.

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MODEL TRIBAL SECURED TRANSACTIONS ACT NOW COMPLETE

After nearly four years of drafting, the Conference has completed its work on a Model Tribal Secured Transactions Act (“MTA”). The MTA, by establishing a substantive and procedural framework which will provide certainty to secured transactions, should be beneficial to economic development for Native American tribes.

Many Native American tribes, tribal entities, tribal-owned businesses and Native American consumers have encountered significant barriers when seeking loans or other financing from off-reservation sources. One reason frequently cited is the lack of sufficient tribal commercial law to guide the parties in a business transaction.

The MTA was drafted with the objective of creating a uniform tribal secured transactions law that is, to the extent reasonable, consistent with the core principles of UCC Article 9. In order to accommodate tribal business, legal and cultural environments, the MTA differs from UCC Article 9 in a number of respects. However, the core principles, terminology and processes that inform the MTA are sufficiently similar to the UCC to ensure that tribal and non-tribal practitioners will feel at ease working within both tribal and state jurisdictions.

Like UCC9, the MTA provides a set of rules that specify how enforceable security interests may be created, perfected and enforced, and who has first rights (or “priority”) in the collateral when two or more competing creditors have legally enforceable interests in the collateral.

Like other sovereign nations around the world, tribes and their members are increasingly interacting commercially with lenders and other businesses. Many tribes are seeking ways to build sound legal and business infrastructure to accommodate their growing cross-border commercial activity. The MTA will provide the certainty needed for this economic development. For more information on the MTA, go to http://www.nccusl.org/, where you will find a copy of the MTA and the MTA Implementation Guide.

The MTA was drafted by the Conference’s Committee on Liaison with Native American Tribes. That committee is chaired by Tim Berg of Phoenix, Arizona. Other committee members include: Duchess Bartmess, Oklahoma City, Oklahoma; Carl Bjerre, Eugene, Oregon (who also served as Reporter during the last year of the project); Alexander O. Bryner, Anchorage, Alaska; Bart M. Davis, Idaho Falls, Idaho; Michael B. DeMerrseman, Rapid City, South Dakota; Robert J. Desiderio, Albuquerque, New Mexico; Richard A. Lord. Buies Creek, North Carolina; Joseph P. Mazurek, Helena, Montana; Neal Ossen, Hartford, Connecticut; Robert E. Sullivan, Missoula, Montana; and Candace Zierdt, Grand Fords, North Dakota. The Committee’s original reporter was Maylinn E. Smith of the University of Montana School of Law in Missoula, Montana. The Committee and the Conference acknowledge with gratitude her enormous contribution to the success of the project.

Several tribes participated in the drafting effort, including representatives and/or legal counsel for the Sac and Fox Nation, the Cherokee Nation, the Navajo Nation, the Chitimacha Nation, the Oneida Nation, the Crow Nation, the Confederated Tribes of Warm Springs, the Chickasaw Nation, the Little Traverse Bay Bands of Odawa Indians, and several California rancherias.

In addition to the MTA, a Task Force composed of members and advisors prepared an Implementation Guide and Commentary to assist tribes in implementing the MTA. The Task Force was chaired by Susan M. Woodrow, Community Affairs Managing Project Director, Federal Reserve Bank of Minneapolis, Helena, Montana Branch. Ms. Woodrow, whose participation was generously supported by the Federal Reserve Bank of Minneapolis, served as an advisor to the Committee throughout the project, and her extraordinary efforts in developing the Act and Implementation Guide were invaluable.

This is an important new area for the Conference to explore. The MTA may only be the beginning. The Committee on Liaison with Native American Tribes intends to adapt other uniform laws for possible use by tribe that desire legislation to harmonize their laws with those of other tribes and states in the areas of business associations, inheritance, family law, civil procedure, and perhaps other areas.

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UPDATE ON THE CONFERENCE HANDBOOK

The “Proceedings of the National Conference of Commissioners on Uniform State Laws”, otherwise known as the “Handbook” or the “red book,” is back in production. The 1995 Handbook has been printed and is scheduled to be released very soon. The 1996 Handbook has just been sent to the publisher. Thereafter, we’ll be producing three handbooks a year until we’re completely caught up with the publication; at that point the handbook will be published once a year.

That’s the good news. The bad news is that the Conference can no longer afford to purchase and distribute the handbooks to each of our commissioners. However, if you’d like to continue to receive the handbooks, you will have the option to purchase directly from the publisher at a reduced rate. The handbooks will be published by the William S. Hein, Co., of Buffalo, New York. In the next few weeks, the Hein Co. will be contacting all the previous recipients of the handbook to let them know of the pricing and schedule. At that time, you’ll be able to add yourself to their distribution list. As a commissioner, you will receive approximately 33% off their published list price, so the price of each handbook will be roughly $30.

We apologize for any inconvenience that this may cause you. But in the spirit of cost-saving measures, the Conference must go forward with this new plan. If you have any questions about this, please contact Katie Robinson in the Chicago office.

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ARE YOU READY FOR PITTSBURGH?

The final plans are now in place for our annual meeting in Pittsburgh. We hope that you’ve filled out your registration materials and made your plans to attend our 114th annual meeting. Some highlights of our meeting include:

• Opening Reception in the Urban Room on the 17th Floor of the Omni William Penn Hotel;
• Uniform Law Foundation Annual Benefit Event at PNC Park to watch the hometown Pittsburgh
     Pirates take on the Colorado Rockies;
• Whitewater rafting on the scenic Youghiogheny River;
• A visit to Frank Lloyd Wright’s masterpiece Fallingwater;
• Dessert cruise on Pittsburgh’s finest riverboat, the River Bell;
• A night at the Pittsburgh Civic Light Opera House, to see Carousel;
• Farewell Reception and Dinner Dance.

Our first trip to Pittsburgh should be memorable.The Omni William Penn Hotel is located right in the heart of downtown Pittsburgh. We’ll be close to shopping, fine dining, and numerous museums and cultural centers. Breakfast is included in our room rates at the hotel.

Although we have a very busy agenda, along with numerous optional social events, you may want to do some exploring on your own. While we’re in Pittsburgh, a number of interesting exhibits will be held. The Senator John Heinz Pittsburgh Regional History Center will have an exhibit on “The Underground Railroad”, shedding light on Western Pennsylvania’s role in the trail to freedom with rare artifacts.

The Frick Art Museum will have an exhibit of Margaret Bourke-White photographs, which will feature approximately 150 photographs, and is the first exhibition to explore Margaret Bourke-White’s important early images.

The Andy Warhol Museum has an exhibit – which may interest some of you – called “John Waters: Change of Life.” This exhibit will explore the cinematic mind of cult icon John Waters through his early films, still photography and sculpture. The show will contain 76 photographs along with five sculptures as well as screenings of his early, extraordinary, underground films.

The Phipps Conservatory and Botanical Gardens has a new exhibit called the “Butterfly Forest,” featuring various species of butterflies, including monarchs, zebras and queens, in a natural habitat.

And for those of us with a sweet tooth, the Carnegie Science Center will have an exhibit called “Jelly Belly: Candy Unwrapped”, which will examine the science of sweet and sour treats. Science never tasted so sweet!

And don’t forget to check out the website of the Greater Pittsburgh Convention and Visitors Bureau at http://www.visitpittsburgh.com/ for the most current information about attractions and events in the Pittsburgh area. We hope to see you in Pittsburgh.

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UNIFORM LAW FOUNDATION NEWS
Robert A. Stein, Chair

As we finalize plans for our gala Benefit evening at PNC Park in Pittsburgh, the culmination our 2004/2005 campaign, I am delighted to report that we will have a full house with over 250 commissioners and their spouses and children in attendance. With a full dinner, loads and loads of baseball food, and many surprises, it will be an evening of major league baseball like you have never experienced before. And it’s all for a good cause. Only a few tickets remain, so please contact the Conference office if you wish to join us and have not already purchased your tickets.

I wish to express my thanks for the broad support that commissioners have given to the foundation during the past year. Over 160 of you have participated in the current campaign as of today. We are very grateful.

As you know, the current campaign will continue through the Annual Meeting in Pittsburgh and one of our annual goals is to for states to have 100 percent participation. To date, five states (Connecticut, New York, Tennessee, Vermont and West Virginia) have achieved that goal. And 10 jurisdictions are just one commissioner short of that goal (Arizona, Arkansas, Florida, Maine, Maryland, Massachusetts, Minnesota, New Jersey, Puerto Rico and the US Virgin Islands).

If you wish to make a contribution before the annual meeting, you’ll find information as well as a downloadable donation form online at our web site – http://www.uniformlawfoundation.org/.

Again, many thanks for your continued support. See you in Pittsburgh!

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