House Commerce Committee votes to report H.206 after adding directive to include UCC official comments in Green Book

The Livermore House Committee on Commerce and Economic Development voted March 11 to report House Bill H.206 to the full House after approving an amendment that directs insertion of official Uniform Commercial Code (UCC) comments into the committee’s Green Book.

Rick Sagle, legislative counsel in the Office of the Legislative Counsel, told the committee the added language — proposed as a new Section 11a — would require publication of the UCC’s official comments alongside the statute text in the Green Book, the committee’s reference compilation. Sagle said the move is editorial and “is not really changing the law. This is just telling ... that we must include the official comments in the UCC Green Book,” language he said helps readers understand legislative intent though the comments are not themselves law.

The amendment was presented as an “instance of amendment,” meaning it changes the copy sent with the bill rather than altering substantive statutory text, Sagle said. He told the committee the draft draws on precedent language used in 2007 and that many of the official comments were finalized in 2022; the committee’s change would ensure those comments accompany the enacted text in the published Green Book for interpretive context.

Committee Chair (name not specified in the transcript) called for a motion on the 1.1 amendment, which the committee approved by roll call. Representative Keir Starke seconded the motion to report favorably on the amendment. The committee then voted to report H.206 as amended; Representative Olsen moved to report the bill to the floor, and a second was recorded. The clerk’s roll calls recorded unanimous “yes” votes from members present (tally: yes 10; no 0; abstain 0). The clerk did not identify any recorded “no” or abstention votes in the transcript.

Sagle told members that the official comments are commonly used across states to explain drafting choices and to help practitioners and lay readers understand the drafters’ intent. He recommended the committee include those comments in the Green Book because they are completed and can assist in interpreting dense UCC provisions. He noted the committee historically has used this method to publish interpretive comments with enacted text.

During closing remarks, the chair and members noted the committee completed business earlier than expected and previewed upcoming items, including a planned review of a CTE (career and technical education) draft and a separate housing financing discussion involving VIDA and the Vermont Housing Finance Agency (VHFA). Those scheduling items were procedural and were not the subject of committee votes on March 11.

Votes at a glance

- Motion to report favorably on Amendment 1.1 to H.206 (to add Section 11a directing inclusion of UCC official comments in the Green Book): Approved by roll call (yes 10; no 0; abstain 0). Seconded by Representative Keir Starke. Mover not specified in the transcript.

- Motion to report H.206 as amended to the House floor: Approved by roll call (yes 10; no 0; abstain 0). Mover: Representative Olsen. Second: not specified in the transcript.

The committee record shows the action is procedural — directing publication practice for the committee’s Green Book — and, according to counsel, does not modify the substantive effect of the UCC provisions in the bill.