MSBA
Bylaws Relating to Legislation
Article 13 Legislation and Court Rules
§ 13.1. Action of the MSBA on legislation and court rules
With approval of the Assembly, the MSBA may express its opinion on pending
or prospective legislation and court rules which are within the expertise
of the profession and are within the purposes of the MSBA. Sections
and committees are strongly encouraged to present positions on proposed
legislation or proposed court rules to the MSBA through the Council
or Assembly. Sections and committees are also authorized to take positions
on their own behalf pursuant to Article 14. The Assembly and Council
retain the right to preempt section and committee action pursuant to
Article 14 by placing the issue on the agenda of the Council or Assembly.
§ 13.2. Representation
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 positions previously adopted by the Assembly.
Unless expressly stated otherwise or rescinded or modified or renewed
by the Assembly, a position on such legislation, once adopted by the
Assembly, shall remain an official position of the MSBA for six years.
Article 14 Reports, Recommendations,
Amicus Briefs, and Other Action
§ 14.1. Action of a section or committee
Reports, recommendations, amicus briefs, or other action of any section
or committee of the MSBA may be published as the action of such section
or committee only after the section or committee certifies to the President
of the MSBA the vote totals on the matter and that the report, recommendation,
amicus brief, or other action:
(a) is germane to the business of the section or committee;
(b) has been approved in accordance with the section's bylaws, or
in the case of a committee, by the majority of the quorum;
(c) is not contrary to any current position of the MSBA;
(d) does not address an issue pending consideration by the MSBA on
the agenda of the Council or Assembly; and
(e) indicates (in a format previously established by the President)
that it is the action of the section, section council, or committee,
and does not represent the view or action of the MSBA.
No report or recommendation relating to legislation may be presented
to the Minnesota legislature or a committee thereof until a copy of
the report or recommendation has been provided to the MSBA legislative
representative.
When there is a difference of opinion among those authorized to determine
the position of the section or committee, the position of the minority
may also be presented by the minority at any time and place at which
the majority position is presented.
§ 14.2. Action of the MSBA
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.
Article 12 Reports and Recommendations
§ 12.1. Annual reports
Each section chairperson and committee chairperson under § 11.2.3
shall file an annual report. The report may be an informational report
that contains a summary of activities, in which event, it shall be
filed by June 30 fiscal year end. The report may contain a recommendation
for MSBA action, in which event, it shall be filed not less than 45
days before the MSBA Annual Convention. A report in which the sole
recommendation is that the section or committee be continued shall
be considered informational.
§ 12.2. Reports with recommendations
A recommendation of a section or committee under § 11.2 will
be considered only if: (a) the recommendation is accompanied by a
written report; (b) the recommendation is set forth at the beginning
of the report so as to distinguish it clearly from the body of the
report; (c) the report contains a statement of the reasons for the
recommendation; (d) the report contains no language that commits the
MSBA to policy not set forth in the recommendation; (e) the report
shows that it has been approved by the section or the committee at
a regularly authorized meeting (or by the section's council, if it
has authority to act for the section); (f) in the case of a recommendation
proposing action on legislation or a court rule, the report includes
a complete summary of the portion of the legislation or court rule
under consideration together with copies of the applicable section
of the proposed bill or court rule; and (g) in the case of a recommendation
calling for action that may result in expenditures, the amount needed
is shown in the body of the report.
12.2.1. The following statement shall appear at the top of each report
with recommendations:
No recommendation presented herein represents the policy of the Minnesota
State Bar Association until it shall have been approved by the Assembly.
Informational reports, comments, and supporting data are not approved
by their acceptance for filing and do not become part of the policy
of the Minnesota State Bar Association unless specifically approved
by the Assembly.
§ 12.3. Late reports
A report that is submitted after the date prescribed for receipt may
not be considered at an Annual Convention unless the Assembly by majority
vote of the members present and eligible to vote, waives the 45-day
filing requirement.
§ 12.4. Reference to other sections or committees
If a section or committee is considering a recommendation relating
to a subject within the jurisdiction of another section or committee,
it shall notify the other section or committee and invite its comments
or suggestions. Lack of consultation, however, shall not necessarily
prevent action on the recommendation.
§ 12.5. Association action
A report or recommendation of a section or committee becomes the action
of the MSBA only so far as it is approved by the Assembly, except
that title standards proposed by the Real Property Section shall be
approved by the Council.
Article 11 Committees
§ 11.1. Establishment of Committees
The committees of the MSBA comprise committees of the Assembly pursuant
to § 4.11 and committees established by the President pursuant
to § 11.2. The committees are subject to the control and direction
of the Assembly and the Assembly may modify and reverse any action
taken by a committee.
§ 11.2. Establishment of Standing and Ad Hoc Committees by
President
11.2.1. Other Committees of the MSBA established by President. The
President with the approval of the Assembly may establish committees
to carry on the work and promote the purposes of the MSBA and to study
issues and topics that may from time to time arise. Unless the resolution
approving the establishment of the committee provides otherwise, the
term of each committee established by the President shall be coincident
with the term of the President that established the committee.
11.2.2. President-Elect's responsibilities. The President-Elect shall,
not later than June 30, advise the Assembly of the committees (names,
powers and duties, chairperson, and membership) which the President-Elect
proposes to establish or continue when the President-Elect becomes
President.
11.2.3. Members and Chairpersons. Unless the resolution approving
the establishment of a committee provides otherwise, the President
shall appoint the members of a committee and designate its chairperson.
The membership of a committee shall not exceed 50.
11.2.4. Attendance. The chairperson may report the names of committee
members who are absent without excuse from two consecutive meetings.
The President shall thereupon notify such member of his or her removal
from the committee and appoint a replacement for the balance of his
or her term in office.
11.2.5. Chairperson. A chairperson of a committee shall not serve
for more than three consecutive terms.
11.2.6. Meetings. A committee's meetings shall be held at the call
of its chairperson. Each committee shall keep a record of its meetings
and proceedings and promptly file minutes of each meeting with the
MSBA office. A committee established under § 11.2 shall have
the same power as an Assembly committee under § 4.1.1 to conduct
electronic meetings and have participation by remote communication.
11.2.7. Quorum. One-third of the members of any committee shall constitute
a quorum for the transaction of business unless otherwise specified
in the resolution approving its establishment. [Note: The Minnesota
Nonprofit Act provides that if a quorum is present when a duly called
or held meeting is convened, the committee members present may continue
to transact business until adjournment, even though the withdrawal
of committee members originally present leaves less than the proportion
or number otherwise required for a quorum.]
11.2.8. Expenses. No committee shall incur any expenses beyond its
authorized budget without first obtaining the approval of the Assembly
Article 10 Sections
§ 10.1. Establishment
The Assembly may, either upon its own initiative or upon the petition
of 50 or more members of the MSBA, authorize the formation of a section
as a specialized organization within the MSBA for carrying on its
work in a particular field of law. An application for the establishment
of a new section must set forth
(a) the field of law to which the proposed section
is to be dedicated, which shall be within the purposes of the MSBA
and must not substantially conflict with the jurisdiction of any other
section or committee whose continuance is contemplated;
(b) the desirability of the proposed section;
(c) its proposed bylaws, consistent with the Restated Articles and
Restated Bylaws of the MSBA, including a description of its jurisdiction;
(d) its proposed budget, including dues for the first two years of
its operation;
(e) a list of members of the MSBA who have signed statements that
they will apply for membership; and
(f) its proposed first officers and members of its council.
§ 10.2. Membership
All members in good standing of the MSBA are eligible for membership
in any section provided they otherwise meet the membership requirements
set forth in the section bylaws. Each section shall have at least
50 members prior to being established by the Assembly, and shall maintain
a membership of at least 40 members. The Assembly may waive this requirement
for good cause such as a limited number of lawyers practicing in a
field of law.
§ 10.3. Officers
A section shall have a chairperson and such other officers as its
bylaws provide. It may have a council consisting of the section officers
and such other members as its bylaws provide. The first officers and
council shall be appointed by the Assembly. No change in the bylaws
of a section shall be effective until approved by the Assembly.
§ 10.4. Annual meeting
Each section shall have a meeting of its members at least annually.
§ 10.5. Dues
The members of any section may be required to pay section dues in
such amount and for such purposes as the section, with the approval
of the Assembly, may determine.
§ 10.6. Expenses
No section shall make expenditures or incur indebtedness on its own
behalf or on behalf of the MSBA unless sufficient cash is on hand
in the section or has been appropriated for the use of the section
by the Assembly.
§ 10.7. Fiscal year
The fiscal year of each section shall be the same as the fiscal year
of the MSBA. Each section chairperson shall file, within 60 days after
the close of the fiscal year, an accounting of the section's finances
for the fiscal year. The annual accounting shall be certified by the
chairperson.
§ 10.8. Termination
The Assembly may, after 30 days' written notice to members of a section,
by majority vote, terminate it.
