Minnesota State Bar Association


MSBA
Current Legislative Positions

as of December 10, 2010

Complete list of MSBA positions and policies

 

Position

Date

1.

Human Rights/Diversity Committees
Resolved that in an era when safeguarding Minnesotans’ civil rights has become more important than ever, the Legislature should not move to withdraw, or more narrowly define, any currently-protected class from the scope of the Minnesota Human Rights Act.

April 30, 2009 (renewed)

2.

Business Law Section
Resolved, that the MSBA adopt a position opposing a proposed federal law, S. 569, the Incorporation Transparency and Law Enforcement Assistance Act.

April 30, 2009

3.

Uniform Mediation Act (ADR Section)
Resolved, that the MSBA recommends the Legislature defer action of the Uniform Mediation Act to allow further time for study. 

December 12, 2008

4.

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

December 11, 2009
(renewed)

5.

Human Rights Committee, Diversity Committee, and Family Law Section
Resolved:  that the Minnesota State Bar Association opposes any effort to amend the Minnesota Constitution to forbid the creation of legally-recognized relationships between persons of the same sex.

April 29, 2010 (renewed)

6.

Administrative Law Section
Resolved that the MSBA support the history and tradition of a strong, independent bench at the Office of Administrative Hearings.

December 10, 2010 (renewed)

7.

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.

December 10, 2010 (renewed)

8.

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.

December 10, 2010 (renewed)

9.

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

December 15, 2006

10.

Judicial Elections Committee
The MSBA supports changing to a system of judicial selection and retention that is as free from political influence as possible and that includes: (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 (4) the retention of each judge decided by the voters with the result of the judge's evaluation made known.
For further detail please see:
http://www2.mnbar.org//JudIndependence/Document/MSBA-%20Judicial%20selection.doc

June 29, 2007

11.

Sales tax exemption for governments and non-profits construction (Construction Law Section)
Resolved that the MSBA support amendments to Minn. Stat. §297A.70 Subd. 2 and 4, an act dealing with sales to governments and non-profits.

December 14, 2007

12.

Bankruptcy Reform Act (Bankruptcy Law Section)
Resolved that the MSBA oppose the enhanced attorney liability provisions in 11 USC 101 et. seq.

December 14, 2007

13.

Probate and Trust Law Section
Resolved that the MSBA recommends the Legislature:
A.  Defer action on the Uniform Power of Attorney Act to allow time for further study; and
B.  Defer action on the Uniform Principal and Income Act to allow time for further study.

December 14, 2007

14.

Family Law Section:
Resolved that the MSBA support:
A.  Amendments to Minn. Stat. §518.552 and §518A.29 so that spousal maintenance is calculated after child support; and
B.  Amendments to Minn. Stat. §518A to revise the self support reserve calculation for obligors on child support.

December 14, 2007

15.

Animal Law Section
Resolved that the MSBA support legislation to create a pet trust statute.

December 14, 2007

16.

Tax Law Section
Resolved that the MSBA support amendments to Minn. Stat. §278.05, subd. 6(a), “the 60-Day Rule,” to give taxpayers guidance as to what information they must turn over to a County Assessor within 60 days of the tax petition filing deadline, and change the sanction for non-compliance from automatic dismissal with prejudice to a sanction within the discretion of a judge under Rule 37 of the MN Rules of Civil Procedure.

December 14, 2007

17.

Legislative Committee
Resolved that the MSBA recommends the Legislature defer action on any bill to modify the structure of the Pollution Control Agency to allow time for further study.

December 14, 2007

18.

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

April 24, 2008

21.

Family Law Section
Resolved that the MSBA support an amendment to Minnesota’s Uniform Parentage Act, Minn. Stat. §257.54, relating to children born as a result of Assisted Reproductive Technology. 

 

December 11, 2009

22.

Legislative Committee
Resolved that the MSBA recommends the Legislature defer action on the Uniform Collaborative Law Act to allow adequate time for further study by the MSBA and its interested sections and affiliates.

December 11, 2009

23.

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

December 11, 2009

24.

Business Law Section and Real Property Law Section
Resolved that the MSBA support new statutory schemes drafted by the Business and Real Propery Sections for receiverships (Chapter 576) and assignments for the benefit of creditors (Chapter 577).

December 10, 2010

25.

Business Law Section
Resolved that the MSBA support passage of revisions to Article 9 of the Uniform Commercial Code, as proposed by the American Law Institute and the National Conference of Commissioners on Uniform State Laws.

December 10, 2010

26.

Business Law Section
Resolved that the MSBA support passage of the Revised Uniform Limited Liability Company Act, as proposed by the National Conference of Commissioners on Uniform State Laws and amended by the Business Law Section.

December 10, 2010

27.

Criminal Law Section
Resolved that the MSBA support:

  1. Chapter 367, related to controlled substance mixture definitions, as passed by the Minnesota legislature and vetoed by the governor in 2010.
  2. Chapter 381, related to criminal records expungement, as passed by the Minnesota legislature and vetoed by the governor in 2010.

December 10, 2010

28.

Real Property Law Section
Resolved that the MSBA support:

  1. Amendments to §272.15, deed to correct title.
  2. Amendments to §358.50, effect of acknowledgment.
  3. Amendments to §500.20, conservation easements.
  4. Amendments to §559.217,purchase agreement cancellation.
  5. Amendments to §580.23, reverse mortgage redemption period.
  6. Amendments to §515B, Minnesota Common Interest Ownership Act.

December 10, 2010

29.

Tax Law Section
Resolved that the MSBA support amendments to §271.06 to establish a “mailbox rule” in response to the Minnesota Supreme Court decision in Langer v. Commissioner of Revenue, 773 N.W.2d 77 (Minn. 2009).

December 10, 2010

 

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