Section and Committee Legislative Positions



Section and Committee Legislative Positions

Sections and Committees are authorized to take positions on their own behalf pursuant to Article 12.2 of the MSBA bylaws.  Legislative action of a section or committee shall remain valid for the duration of the legislative biennium in which it was adopted.

 



Section and committee positions for the 2019-2020 legislative biennium:


Real Property Law Section: Resolved that the Real Property Law Section  opposes the portions of SF4525 which allow fax and “electronic” (presumably emai) recording of real estate documents; the current electronic recording system, or erecording, works well, and includes a carefully designed framework for submission.

Probate & Trust Law Section:
Resolved that the Probate & Trust Law Section supports adopting  a provision from the Uniform Probate Code that allows a nonconforming Last Will and Testament to be probated if the execution defects are shown by clear and convincing evidence to be a harmless error.

Tax Law Section: 
Resolved that the Tax Law Section supports (1) suspending the April 30, 2020 deadline imposed by Minnesota Statutes, section 278.01, allowing taxpayers to file and serve property tax petitions by April 30 of the year in which the tax becomes payable, and extending the deadline to file a property tax appeal relating to the January 2, 2019 assessment year (for taxes payable in 2020) to 60 days after the end of the peacetime emergency declared March 13, 2020, in Emergency Executive Order 20-01; and (2) suspending the August 1, 2020 deadline imposed by Minnesota Statutes, section 278.05, subdivision 6, requiring taxpayers to provide information to county assessors no later than August 1 of the taxes payable year, and extending the deadline for taxpayers to comply with section 278.05, subdivision 6, in connection with property tax appeals relating to the January 2, 2019 assessment year (for taxes payable in 2020) to 150 days after the end of the peacetime emergency.

Tax Law Section:

Resolved that the Tax Law Section opposes language in Article 13 of the House Omnibus Tax Bill (HF2125) that allows the Department of Revenue to assess tax during a period when the taxpayer cannot file a claim for refund.

Resolved that the Tax Law Seciton proposes an a new law in Minn. Stat. Ch. 270C that would require the Minnesota Department of Revenue to treat Minnesota Tax Court decisions as binding on the Department of Revenue.

Family Law Section:
Resolved that the Family Law Section supports amendments that would (1) Ensure that parties can get temporary hearings for parenting time issues and accelerated temporary relief when access to a child or financial resources is being unreasonably denied; (2)Emphasize that the 25% statutory parenting time baseline is a floor not a ceiling, (3) Insert “parenting time” in two statutes to correct an oversight in recent family law legislation that had consensus stakeholder support, and to replace the outdated term “visitation” in the parenting time statute; and (4) Add a child’s mental health and safety to a court’s considerations in parenting time proceedings.