Position

Date

1.

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. 

December 6, 2002

2.

Uniform Arbitration Act (Legislative Committee)
Resolved that the MSBA recommends that the Legislature defer action of the Uniform Arbitration Act to provide an opportunity for further study. 

December 6, 2002

3.

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.

June 10, 2003

4.

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

December 5, 2003

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.

April 16, 2004

6.

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

December 3, 2004

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.

December 3, 2004

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.

January 14, 2005

          9.

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

December 15, 2006

10.

Judicial Elections Committee
  A.    The Association supports changing the method of judicial selection in a way that minimizes the influence that politics and money can exert upon judicial selection. The Association prefers an appointive system in which a merit-selection commission nominates qualified citizens for judgeships, the governor appoints judges from qualified citizens that the commission nominates, and a judicial-evaluation commission can reappoint a judge. But the Association also finds acceptable, and does not oppose, a retention-election system.
    B.    The Association supports the establishment of a commission that evaluates judges with respect to their qualifications, performance, reappointment, or retention. Any such commission should consist of members chosen in a diverse manner, by multiple appointing authorities that check and balance each other (such as the executive and legislative branches, the bench, and the bar), so that no single appointing authority controls a majority or nearly a majority of the commissioners.

For further detail please see:
http://www2.mnbar.org//JudIndependence/Document/MSBA-%20Judicial%20selection.doc

June 29, 2007

11.

Sales tax exemption for governments and non-profits construction (Construction Law Section)
Resolved that the MSBA support amendments to Minn. Stat. §297A.70 Subd. 2 and 4, an act dealing with sales to governments and non-profits.

December 14, 2007

12.

Bankruptcy Reform Act (Bankruptcy Law Section)
Resolved that the MSBA oppose the enhanced attorney liability provisions in 11 USC 101 et. seq.

December 14, 2007

13.

Real Property Law Section
Resolved that the MSBA support:
    A.  Amendments to Minn. Stat. 557.02 to eliminate obsolete language
regarding marginal discharge of a lis pendens;
    B.  Amendments to Minn. Stat. 508.02, 508A.02 and 08.671 to clarify
common law and statutory law that the doctrine of practical location of boundaries applies to Torrens property;
    C.  Amendments to Minn. Stat. 507.24, 508.48 and 508A.48 to clarify
that a corporate acknowledgment to execute real estate documents is
sufficient authority upon which an examiner of the title can rely; and
    D.  Amendments to Minn. Stat. Chapter 507 and related statutes to
create a transfer on death deed, giving real property owners another tool
for estate planning.

December 14, 2007

14.

Business Law Section
Resolved that the MSBA support:
   A.  Technical amendments to Minn. Stat. 322B, the Minnesota Limited
Liability Company Act and to Minn. Stat. 321, the Minnesota Uniform
Limited Partnership Act of 2001;
   B.  Amendments to Minn. Stat. 322B to permit formation of non-profit Minnesota limited liability company and permit a MN LLC to be formed for any “lawful” purpose rather than for any “business” purpose; and
   C.  Technical amendments to Minn. Stat. 302A, the Minnesota Business
Corporation

December 14, 2007

15.

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.
Resolved that the MSBA support:
    C.  Amendments to the Probate Code regarding a) changing the share
of a surviving spouse of a decedent who made a pre-marital will from
elective to intestate; b) extending the homestead exemption to situations
where the homestead passes in trust for the children or spouse of the
decedent; c) clarifying amendment to creditors section of the Probate
Code, as amended in accordance with the recommendation of the Real
Property Section; and
    D. Technical corrections to the Uniform Anatomical Gift Act, conforming the mortician’s statute to the new Darlene Luther Uniform Anatomical Gift Act, as amended.

December 14, 2007

16.

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;
    B.  Amendments to Minn. Stat. 518A to revise the self support reserve
calculation for obligors on child support; and
    C.  Deleting language in Minn. Stat. 518.10 regarding social security
numbers in a Petition for dissolution to conform to best practices, as amended.

December 14, 2007

17.

Animal Law Section
Resolved that the MSBA support legislation to create a pet trust statute.

December 14, 2007

18.

Tax Law Section
Resolved that the MSBA support amendments to Minn. Stat. § 278.05,
subd. 6(a), “the 60-Day Rule,” to give taxpayers guidance as to what
information they must turn over to a County Assessor within 60 days of the tax petition filing deadline, and change the sanction for non-compliance
from automatic dismissal with prejudice to a sanction within the discretion
of a judge under Rule 37 of the MN Rules of Civil Procedure.

December 14, 2007

19.

Legislative Committee
Resolved that the MSBA recommends the Legislature defer action on any bill to modify the structure of the Pollution Control Agency as outlined in HF 294/SF 1876 to allow time for further study.

December 14, 2007