Minnesota State Bar Association


MSBA
Current Legislative Positions

as of December 13, 2013

Complete list of MSBA positions and policies

POSITION

DATE

1

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

4/24/08

2

Alternative Dispute Resolution Section
Resolved that the MSBA recommends the Legislature defer action of the Uniform Mediation Act to allow further time for study. 

12/12/08

3

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.

4/30/09

4

Diversity Committee and Human Rights Committee
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.

Renewed 4/30/09

5

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. 

12/11/09

6

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.

12/11/09

7

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

Renewed 12/11/09

8

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. 

12/11/09

9

Diversity Committee, Family Law Section, and Human Rights Committee
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.

Renewed 4/29/10

10

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

Renewed 12/10/10

11

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.

12/10/10

12

Criminal Law Section
Resolved that the MSBA support Chapter 381, related to criminal records expungement, as passed by the Minnesota legislature and vetoed by the governor in 2010.

12/10/10

13

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 12/10/10

14

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 12/10/10

15

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

Renewed
12/14/12

16

Environmental, Natural Resources, and Energy Law Section
Resolved that the MSBA support amendments to Minnesota Statute §115B, the Minnesota Environmental Response and Liability Act, to conform the statute to federal law and clarify the meaning of ambiguous terms.

12/14/12

17

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.

12/14/12

18

Probate and Trust Law Section
Resolved that the MSBA support amendments to Minnesota Statute §524.2-301 to clarify inheritance rights between spouses who have been unintentionally omitted from an estate plan.

12/14/12

19

Probate and Trust Law Section
Resolved that the MSBA support amendments to Minnesota Statute §524.3-916, to conform Minnesota’s spousal apportionment of estate taxes with the federal right of recovery

12/14/12

20

Judiciary Committee
Resolved that the MSBA supports a system of judicial selection that is as free from political influence as possible and that include: (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 6/28/13 (valid through 12/31/14)

21

Business Law Section
Resolved that the MSBA support amendments to the Minnesota Business Corporations Act, §302A of Minn. Stat. and related statute, to reflect current best practices and developing norms of corporate governance.

12/13/13

22

Business Law Section
Resolved that the MSBA support the adoption of a statute creating a new organization form, the benefit corporation, which requires that the corporation and its directors consider the interests of constituencies other than shareholders.

12/13/13

23

Business Law Section and Real Property Law Section
Resolved that the MSBA support amending Minn. Stat. §576, §577, and §559 to make technical corrections clarifying receiverships and assignments for the benefit of creditors.

12/13/13

24

Family Law Section
Resolved that the MSBA support amendments to Minn. Stat. §518.552 and §518A.29 directing that spousal maintenance is calculated after child support.

Renewed 12/13/13

25

Family Law Section
Resolved that the MSBA support amending Minn. Stat. §518A to provide that child support calculations consider the self-support reserve for both the obligor and oblige in child support determinations.

Renewed 12/13/13

26

Real Property Law Section
Resolved that the MSBA support amending Minn. Stat. §580.26 to correct an ambiguity regarding a recording of a certificate of redemption so that the statute works in concert with redemption periods that vary in length.

12/13/13

27

Real Property Law Section
Resolved that the MSBA support amending Minn. Stat. §507.403 to place liability on the party who wrongfully executes a certificate of partial release of a mortgage and alleviates liability for parties who record such mortgages without knowledge of the wrongful execution.

12/13/13

28

Real Property Law Section
Resolved that the MSBA support amending Minn. Stat. §507.071 to clarify the meaning of various clauses regarding transfer of death deeds (TODDs).

12/13/13

29

Tax Law Section and Minnesota CLE
Resolved that the MSBA support amending Minn. Stat. §297A to clarify the intent of the legislature regarding the taxation of digital goods, particularly as it relates to live webinars.

12/13/13

 

 

 

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