MSBA Legislative Positions

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
12/14/18

7

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.

12/14/18

8

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

 9 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
10 
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 
11 
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
12
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
13 
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
 14  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
 15  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
16 
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
 17 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
18 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 
19  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
20  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
21  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 
22 Commission on Juvenile Sentencing for Heinous Crimes
Resolved that the MSBA accepts the final Report of the Commission on Juvenile Sentencing for Heinous Crimes and recommends that the Minnesota Legislature take action consistent with the report.
12/8/2017 
23 Health Law Section
Resolved that the MSBA supports revisions to the Minnesota Health Records Act (Minn. Stat. §144.291 et seq.) and related Minnesota statutory provisions to bring them into conformity with the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the regulations promulgated thereunder.
12/8/2017 
 24 Tax Law Section
Resolved that the MSBA supports revisions to Minn. Stat. §271.08 to clarify the effective date of the 2017 amendments to Minn. Stat. §271.08, subd. 1. 
12/8/2017 
25  Tax Law Section
Resolved that the MSBA supports revisions to Minn. Stat. §271.01, subd. 1 to simplify service requirements for property tax petitions.  
12/8/2017 
26Family Law Section
Resolved that the MSBA:
a. Opposes any legislation that changes the current “best interest of the child” factors as codified in Minn. Stat. §518.17 (2017);
b. Supports legislation amending Minnesota Statutes to eliminate interest on child support arrears and end the public authority’s ability to collect interest on arrears;
c. Opposes any legislation that changes the current law in determining parenting time;
d. Revises the Spousal Maintenance statute, Minn. Stat. §518.552 and Minn. Stat. §518.131;
e. Supports the equality of both unmarried parents’ rights in determining custody pursuant to a child’s best interests and oppose any legislation to the contrary.
12/14/18 
27 Labor & Employment Law Section
Resolved that the MSBA supports revision of the Minnesota Drug and Alcohol Act (DATWA), specifically Minn. Stat. §181.953, to remove and replace references that are outdated and no longer in use.
 12/14/18
28 Probate & Trust Law Section
Resolved that the MSBA supports revision of the Minnesota Uniform Transfer to Minor’s Act (UTMA) to unify all accounts to terminate at age 21, allow transfers to qualified minor’s trusts, modify the custodian’s investment standard, and streamline account termination and distribution when no custodian is acting.
12/14/18 
 29Real Property Law Section
Resolved that the MSBA supports
a. Technical corrections to Minn. Stat. §462.352 to clarify the 20 acre exception to city/town subdivision regulations;
b. Amendments to Minn. Stat. §508.08 to require a common title defect if separate tracts are included in one application to register title by two or more owners;
c. Technical corrections to Ch. 508 (Torrens), specifically Minn. Stat. §508.11 and Minn. Stat. §508.13, to allow the examiner of titles to accept evidence of title other than an abstract of title in registration proceedings;
d. Amendments to Minn. Stat. §508A.06 to allow a claimant in registration under certificate of possessory title (CPT) to assent to registration and waive notice;
e. Technical corrections to Ch. 508A (CPT), specifically Minn. Stat. §§508A.10, 508A.11 and 508A.13, to allow the examiner of titles to accept title evidence other than an abstract of title in registration proceedings.
 12/14/18
 30Solo and Small Firm Section
Resolved that the MSBA supports funding by the State of Minnesota for student loan repayment assistance for lawyers who commit to private practice serving residents of rural areas.
12/14/18 
31 Tax Law Section
Resolved that the MSBA supports clarification of Minnesota’s sales tax nexus provisions in light of the U.S. Supreme Court’s decision in Wayfair v. South Dakota.
12/14/18 
32 Access to Justice Committee
Resolved that the MSBA supports a civil right to appointed counsel in public housing eviction actions alleging breach of lease.
12/14/18 
33Court Rules and Administration Committee
Resolved that the MSBA urges the Supreme Court of MN, MN Counties and MN Legislature to adopt rules, policies and laws that permit attorneys in good standing access to MN courthouses without the need to submit to security screenings. 
4/26/19 
34 Ad Hoc Committe on Unpublished Court of Appeals Opinions 
Resolved that the MSBA supports the repeal of Minn. Stat. §480A.08 subd. 3(c), which establishes criteria for publication of Court of Appeals opinions.
12/13/19 
35 Criminal Law Section
Resolved that the MSBA supports existing legislation to impose caps on the length of probation, as incorporated in the 2019 House omnibus public safety bill, with a suggested amendment to provide for a 5-year cap on felony probation for offenses that are presumptive probation under the sentencing guidelines, and an 8-year cap for offenses that are presumptive prison under the sentencing guidelines. 
12/13/19 
36 Probate & Trust Law Section
Resolved that the MSBA supports amendments to the Directed Trust Statute to clarify the roles and responsibilities of interested parties in a directed trust.
12/13/19 
 37Real Property Law Section
Resolved that the MSBA supports the following amendments regarding evidence of title and land registration: (a) Amend §508.11 to require applications for initial registration to be approved as to form and content by the examiner prior to filing the application with the court administrator; and by creating a subdivision to clarify filing, title evidence and survey requirements for applications for initial registration; (b) Amend §508.671 to permit the filing of evidence of title other than an abstract of title in proceedings to have boundary lines judicially determined;and (c) Amend §508A.22 to clarify recording requirements for an examiner’s directive in a certificate of possessory title registration.
12/13/19 
38 Real Property Law Section 
Resolved that the MSBA supports amendments to §272.12 and §559.13 to permit the cancellation of a contract for deed to be recorded notwithstanding delinquent property taxes. 
 12/13/19
39 Real Property Law Section 
Resolved that the MSBA supports amendments to §559.217 regarding cancellation of a residential purchase agreement to eliminate the cap of $3,000 on recovery of court filing fees, attorney fees, and costs of services actually expended to the prevailing party
12/13/19 
40 Real Property Law Section
Resolved that the MSBA supports (a) amending the Minnesota Common Interest Ownership Act (MCIOA) to correct internal cross references which have become inaccurate or incomplete by the adoption of companion statutory sections; (b) amending the MCIOA to add internal references necessary to appropriately identify 2017 amendments to the MCIOA and the common interest communities to which they apply;and (c) amending §515B.4-107 to require that when an association delivers a resale disclosure statement to a buyer, the association must also furnish or make available electronically copies of the Maintenance Plan, Maintenance Schedule, and Maintenance Budget. 
12/13/19 
41 Tax Law Section
Resolved that the MSBA supports amendments to §290.191 to provide that when no sales are made in connection with a trade or business in a given year, the apportionment formula for net income and losses does not apply. 
12/13/19 

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)