At the September Law Revision Commission, the Commission referred to you the attached memo that I prepared recommending changes to Public Act
99-238, An Act Concerning Validating Provisions, which contains last year's Commission
recommendations concerning a prospective validating act. Those changes are necessary to
correct a drafting glitch, insert inappropriately omitted language, and correct a gap
between the retrospective act, Special Act 99-07, which was effective for errors prior to
January, 1999, and the prospective act, Public Act 99-238, which will not take effect
until July 1, 2000. As noted in the memo, the prospective act does cover the gap with
respect to instruments of conveyance but not in some other areas.
These changes are in the nature of technical corrections. If we assume that the
legislature wants to prospectively validate matters that were previously validated
retrospectively, the changes, if technically correct, do not raise policy questions. It
seems to me, therefore, that the initial review can be addressed over the phone by my
polling committee members for comment. If there are matters that need discussion, I will
then schedule a telephone conference or committee meeting as you may request. I will be
calling you shortly for your thoughts.
