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About MSBA

MSBA Current Legislative Positions

as of April 2017

POSITION

DATE

1

Human Rights Committee 
Resolved,  recognizing the importance of safeguarding Minnesotans' civil rights, the Legislature should not withdraw or more narrowly define any currently-protected class from the scope of the Minnesota Human Rights Act.

Renewed 12/12/14

2

Human Rights Committee
Resolved that the MSBA oppose any legislation seeking reinstatement of the death penalty in Minnesota.

Renewed 12/11/15

3

Tax Law Section
Resolved that the MSBA endorse the addition of Minn. Stat. §270C.407 to establish a state “interest netting” provision and reconcile Minnesota and federal tax statutes. 

Renewed 12/11/15

4

Legislative Committee 
Resolved that the MSBA support adequate funding for the Minnesota judicial branch, legal aid and pro bono programs, and the public defender system.

Renewed 12/9/16

5

Legislative Committee 
Resolved that the MSBA supports a civil justice system that preserves Minnesota’s right to trial by jury and the right to counsel for each citizen without arbitrary limits on damages or unreasonable restrictions on legal fees.

Renewed 12/9/16

6

Council
Resolved that the MSBA oppose any legislation that would impose a sales tax on legal services.

Renewed
12/14/12

7

Environmental, Natural Resources, and Energy Law Section
Resolved that the MSBA support amendments to Minnesota Statute §115B, the Minnesota Environmental Response and Liability Act, to conform the statute to federal law and clarify the meaning of ambiguous terms.

12/14/12

8

Family Law Section
Resolved that the MSBA oppose further limitations on judicial discretion to determine the best interests of children in setting levels of parenting time, including joint physical custody presumptions.

12/14/12

9

Judiciary Committee
Resolved that the MSBA supports a system of judicial selection that is as free from political influence as possible and that may include, but not be limited to, the following: (1) initial screening of candidates by a merit selection commission; (2) appointment by the Governor from a list of candidates recommended by the merit selection commission; (3) evaluation of each judge's performance by a nonpartisan evaluation commission and the result of the judge’s evaluation made known; and (4) the retention of each judge decided by the voters.

Renewed 12/12/14

10

Family Law Section
Resolved that the MSBA support amendments to Minn. Stat. §518.552 and §518A.29 directing that spousal maintenance is calculated after child support.

Renewed 12/13/13

11

Family Law Section
Resolved that the MSBA support amending Minn. Stat. §518A to provide that child support calculations consider the self-support reserve for both the obligor and oblige in child support determinations.

Renewed 12/13/13

 12 Family Law Section
Resolved that the MSBA support amending statutes so that ovum and embryo donors are treated equally with sperm donors, and enact procedural protocols and enforceability limits for gestational surrogacy agreements. 

 Renewed 12/12/14
13 
Tax Law Section

Resolved that the MSBA support amending Minn. Stat. §289A.42 to clarify that taxpayers can claim a refund during the same time period that Department of Revenue can assess a tax.

12/12/14 
14
Tax Law Section

Resolved that the MSBA support amending Minn. Stat. §290.01 subd. 7 to prevent the Department of Revenue from the using the location of an individual’s attorneys, CPAs, or financial advisors as a factor in determining residency.

12/12/14
15 
Tax Law Section

Resolve that the MSBA support amending Minn. Stat. §289A.40 to conform to the federal statute of limitations for filing a refund claim following an assessment.

12/12/14
16 
Tax Law Section

Resolved that the MSBA support amending Minn. Stat. §270C.33 to extend the appeal period for taxpayers to receive commissioner orders.

12/12/14
17 
Tax Law Section

Resolved that the MSBA support amending Minn. Stat. §297A.68 to ensure that contributions and distributions between beneficial owners and Single Member LLCs receive the same tax treatment given to other kinds of beneficial owners and their owned entities.

12/12/14
 18  Family Law Section
Oppose any so-called cooperative private divorce legislation or similar legislation that would remove judicial oversight of family law matters.

 12/11/15
19 
 Real Property Section

Amend the Real Property Electronic Recording Act, Minn. Stat. §507.0943, to require that electronically recorded documents contain the equivalent of original signatures and be otherwise in recordable format.

 12/11/15
 20  Human Rights Committee

Propose that the State of Minnesota declare that the second Monday in October be designated as Columbus Day and as Indigenous Peoples Day, and that it shall be observed in this State as a legal holiday, dedicated to the honor and remembrance of the great leaders of the indigenous nations who contributed significantly to our State.

12/11/15
21 
 Probate and Trust Law Section

Amend the Minnesota Corporate Farm Law to exempt a trustee of a revocable trust of which the grantor and/or the grantor’s spouse is the sole lifetime beneficiary from having to report under the statute.

12/11/15
 22  Probate and Trust Law Section

Amend Minn. Stat. §273.124 to provide that agricultural land owned by trusts created by spouses for estate planning purposes will receive the same property tax classification that it would receive if the spouses owned the land directly.

12/11/15
23 
Legislative Committee
Whereas Article 6 of the Constitution of the State of Minnesota vests the judicial power of the State in the Supreme Court and lower courts, be it resolved that MSBA supports the authority of the Minnesota Supreme Court to govern Minnesota’s judicial branch, the administration of justice by the judicial branch, and the practice of law in Minnesota, and opposes measures that would usurp or undermine that authority.

12/11/15
 24 Bankruptcy Section
Resolved that the MSBA supports legislation to change the venue provisions of 11 USC sec. 1408 to require Ch. 11 cases to be filed in the district where principal assets or principal place of business are located.
4/22/16
 25 Real Property Law Section
Resolved that the MSBA supports technical corrections to the Torrens Act.
12/9/16 
26  Real Property Law Section
Resolved that the MSBA supports exempting contracts for deed from the requirement for a certificate of real estate value (Minn. Stat. §272.115). 
12/9/16 
27  Tax Law Section
Resolved that the MSBA supports clarification of the statutory definition of “resident” in Minn. Stat. §290.01, subd. 7(b) as it relates to a taxpayer’s time spent domiciled outside the state.
12/9/16 
28  Tax Law Section
Resolved that the MSBA supports revising the language proposed in the 2016 Tax Conference Committee Report relating to the “medical day” exemption from day count as it is applied to the residency test in Minn. Stat. §290.01, subd. 7(b).
 12/9/16
29  Tax Law Section
Resolved that the MSBA supports revising the language of Minn. Stat. §271.17 to make it easier for former employees of the Minnesota Tax Court (specifically tax clerks) to represent clients before the Minnesota Tax Court.
12/9/16 
 30 Tax Law Section
Resolved that the MSBA supports revising Minn. Stat. §271.21, subd. 2(b) to conform the Minnesota Tax Court Small Claims threshold amounts with those of the District Court Conciliation Court.
12/9/16 
 31 Tax Law Section
Resolved that the MSBA supports revising Minn. Stat. §271.08, subd. 1 to conform Minnesota Tax Court timelines for rehearing with those of the District Court.  
12/9/16 
32 

Business Law Section
Resolved that the MSBA supports revising the Nonprofit Corporation Act to fix typographical errors; align Minn. Stat. Chapter 317A more closely with Chapter 302A; clarify the role of incorporators and the ability of nonprofit directors and members to use electronic methods of votingallow for the merger of a single member LLC into its parent nonprofit corporation; and allow for conversion of certain foreign and domestic organizations into and out of Minnesota nonprofit corporations. 

 12/9/16
33  Council
Resolved that the MSBA support an appropriation from the general fund to the commissioner of human services for grants to county attorneys' offices for the purpose of funding juvenile protection legal services provided by county attorneys' offices to social services agencies.
 3/09/17
34  Legal Assistance to the Disadvantaged Committee
Resolved that the MSBA opposes any cuts to the Legal Services Corporation (LSC) and supports increased funding for LSC.
4/21/17 

Positions & Policies

Legislative positions remain in effect for six years unless rescinded by further action by the MSBA Assembly.

No report, recommendation, or other action of any section or committee shall be considered as the action of the MSBA unless and until it has been approved by the Assembly.  No amicus brief shall be considered the action of the MSBA unless or until it has been approved by the Council.  The President or the President’s designee shall present the report, recommendation, amicus brief, or other action of the MSBA when approved.  No other member or employee may present the report, recommendation, amicus brief or other action of the MSBA without prior authorization from the President.  (MSBA Bylaws Article 14.2)

The President or President’s designee shall present the position of the MSBA as approved by the Assembly on such legislation and court rules.  The President or President’s designee shall have the authority to agree to and support amendments and substitute legislative proposals which are consistent with position previously adopted by the Assembly.  (MSBA Bylaws Article 13.2)