Overview of MSBA Legislative Process

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The MSBA speaks for its membership on proposed legislation or court rules. MSBA sections and committees can speak independently on legislative or rules proposals as long as their position does not conflict with a policy or position adopted by the Assembly and they have otherwise satisfied Article 14 of the MSBA bylaws and followed the procedures prescribed for Certificates of Legislative Position.

MSBA bylaws permit the Association to endorse or oppose legislation or rule proposals which are: (1) within the expertise of the profession, (2) within the purposes of the MSBA, and (3) of the public interest. MSBA positions remain in effect for six years unless expressly stated otherwise or rescinded or modified or renewed.

Only the MSBA President or the President’s designee has authority to testify on a position or agree to amendments and substitute proposals which are consistent with previously adopted positions of the MSBA.

Generally any legislative proposal for which MSBA endorsement is sought is screened through the MSBA Legislative Committee who makes recommendations to the Assembly as to endorsement. All endorsed legislation goes through the Legislative Committee’s vetting process. All requests for MSBA endorsement must be accompanied by a completed Bill Summary Form and must be submitted to the Legislative Committee within Deadlines established by the Committee each bar year.

A Certificate of Legislative Position is addressed to the MSBA President and submitted to the MSBA’s Legislative Representative at the MSBA offices. The MSBA must be notified of legislative positions moved by a section or committee of the MSBA before any public statements are made about the position. For deadlines or notification requirements for Certificates of Legislative Position, click here. When not submitted during a legislative session, the Legislative Committee reviews these Certificates and makes recommendations. If submitted during a legislative session (and timelines are too short to allow full committee review), the Certificates are circulated to the members of the Legislative Strategy Action Team (LSAT) which consists of the officers of the MSBA, the MSBA legislative counsel, director level staff and the chair of the Legislative Committee who meet weekly during each legislative session. Under Article 13.1 of the MSBA Bylaws, the president retains the right to preempt section- and committee-only actions by placing the issue on the agenda of the Council or Assembly.

Review of all legislative proposals occurs in order to ensure that each proposal is consistent with the mission of the MSBA, is germane to the section, committee or group proposing the legislation, has been adequately reviewed by sections, committees or other interested groups, and is not in conflict with an existing policy or legislative position of the MSBA. Attention is paid to balance the limited resources of the association that are spent pursuing legislation, with the time-critical need to make particular changes in the law as proposed.

The legislative representative of the MSBA is available to committees and sections for positions endorsed by the MSBA. The legislative representative provides direct legislative services, including bill drafting, securing bill authors, scheduling and preparing testimony before the legislature, and lobbying for or against specific bills. The legislative representative reviews all bill introductions and will refer appropriate bills to sections and committees for consideration throughout the legislative session.

The MSBA has adopted various policies to deal with specific issues surrounding legislation. See policies posted at these links:

** Policy against advancing legislation intended to change the result of a case pending on appeal to a MN appellate court.

** Policy regarding resource allocation for section-only positions.