POSITION |
DATE |
1 |
Human Rights/Diversity Committees
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 |
2 |
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 |
3 |
Uniform Mediation Act (ADR Section)
Resolved, that the MSBA recommends the Legislature defer action of the Uniform Mediation Act to allow further time for study. |
12/12/08 |
4 |
Human Rights Committee
Resolved, that the MSBA oppose any legislation seeking reinstatement of the death penalty in Minnesota. |
Renewed 12/11/09 |
5 |
Human Rights Committee, Diversity Committee, and Family Law Section
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 |
6 |
Administrative Law Section
Resolved that the MSBA support the history and tradition of a strong, independent bench at the Office of Administrative Hearings. |
Renewed 12/10/09 |
7 |
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 |
8 |
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 |
9 |
Council
Resolved that the MSBA oppose any legislation that would impose a sales tax on legal services. |
Renewed
12/14/12 |
10 |
Judicial Elections Committee
The MSBA supports changing to a system of judicial selection and retention that is as free from political influence as possible and that includes: (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 (4) the retention of each judge decided by the voters with the result of the judge's evaluation made known. |
6/29/07 |
11 |
Construction Law Section
Resolved that the MSBA support amendments to Minn. Stat. §297A.70 Subd. 2 and 4, to provide a sales tax exemption for construction materials for non-profits and governments. |
12/14/07 |
12 |
Bankruptcy Law Section
Resolved that the MSBA oppose the enhanced attorney liability provisions in 11 USC 101 et. seq. (the Bankruptcy Reform Act) |
12/14/07 |
13 |
Probate and Trust Law Section
Resolved that the MSBA recommends the Legislature:
A. Defer action on the Uniform Power of Attorney Act to allow time for further study; and
B. Defer action on the Uniform Principal and Income Act to allow time for further study. |
12/14/07 |
14 |
Family Law Section:
Resolved that the MSBA support:
A. Amendments to Minn. Stat. §518.552 and §518A.29 so that spousal maintenance is calculated after child support; and
B. Amendments to Minn. Stat. §518A to revise the self support reserve calculation for obligors on child support. |
12/14/07 |
15 |
Animal Law Section
Resolved that the MSBA support legislation to create a pet trust statute. |
12/14/07 |
16 |
Legislative Committee
Resolved that the MSBA recommends the Legislature defer action on any bill to modify the structure of the Pollution Control Agency to allow time for further study. |
12/14/07 |
17 |
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 |
18 |
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 |
19 |
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 |
20 |
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 |
21 |
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 |
22 |
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 |
23 |
Tax Law Section
Resolved that the MSBA support amendments to §271.06 to establish a “mailbox rule” in response to the Minnesota Supreme Court decision in Langer v. Commissioner of Revenue, 773 N.W.2d 77 (Minn. 2009). |
12/10/10 |
24 |
Probate and Trust Law Section
Resolved that the MSBA support amendments to §524.6 to permit the appointment of an agent over a multi-party account who has no property interest in the account. |
12/16/11 |
25 |
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 |
26 |
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 |
27 |
LAD Committee
Resolved that the MSBA support the removal of language enacted by the Minnesota legislature that requires civil legal service to only use state funds for state court and agency matters. |
12/14/12 |
28 |
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 |
29 |
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 |
30 |
Real Property Law Section
Resolved that the MSBA support technical and conforming amendments to Minnesota Statutes §507.092, §507.403, §508.70, and §508.82 that do not make substantive changes to real estate law or common practice, but will correct inaccuracies and clarify confusing language. |
12/14/12 |
