Advocacy

Session Ends, Campaigns Begin

Bryan Lake — Fri, 11 May 2012 19:57:44 +0000

The 2012 legislative session ended yesterday. Passage in the House and Senate of a Vikings stadium bill was by far the biggest headline during the final week of action at the Capitol. With the stadium, a bonding bill, and a revised tax bill all sent to the governor, legislators adjourned sine die and drove back to their home districts. Campaign season is officially underway.

Revised Tax Bill Contains Estate Tax Clarifications

Bryan Lake — Fri, 11 May 2012 19:57:27 +0000

After their first attempt at a tax bill was vetoed last week, Republicans regrouped this week and put together a revised and scaled back tax bill that was sent to Gov. Dayton with a handful of DFL votes. The new bill mixes business tax cuts with a variety of other proposals, including purely technical modifications. The bill was carried in the Senate by lawyer-legislator Sen. Julianne Ortman (R-Chanhassen), and it contains language proposed by the MSBA’s Probate Section that clarifies new farm and small business estate tax exclusions (see Article 11). This is the third bill that has contained the section’s language, and it is the last chance for the language to become law. Gov. Dayton said that he intends to carefully study and think about the bill before acting on it.

Joint Physical Custody Bill Passes House and Senate

Bryan Lake — Fri, 11 May 2012 19:55:45 +0000

On the final night of the session the Senate passed HF322, a bill that would raise Minnesota’s baseline custody presumption from 25% to 35%. The Family Law Section opposes this legislation. The House had previously passed a version of the bill that set the presumption at 45.1% and only allowed the presumption to be overcome by proving, to a clear and convincing standard, the type of mistreatment that would trigger child protection proceedings. In the end, the House author asked her colleagues to concur with the Senate version; the House did so and the bill’s fate is now controlled by Gov. Dayton, who has not indicated whether he will sign it or veto it.

Conciliation Court Modifications Signed Into Law

Bryan Lake — Fri, 11 May 2012 19:53:51 +0000

Gov. Dayton signed SF506, which was sponsored in the Senate by lawyer-legislator Sen. Julianne Ortman (R-Chanhassen). The bill raises the conciliation court claim limit from $7500 to $10,000 starting August 1, and then raises the limit to $15,000 on August 1, 2014. Consumer credit actions will remain at their current cap of $4000.

Estate Tax Clarification Remains Unfinished

Bryan Lake — Fri, 04 May 2012 18:16:14 +0000

ESTATE TAX CLARIFICATION REMAINS UNFINISHED

Legislators have blown past an April 30^th adjournment target, but they are expected to complete their work next week. Two major issues – the Vikings stadium and a bonding bill – remain unresolved. In addition, the GOP’s top priority – a tax bill touted for its job producing potential – was passed by the House and Senate this week and then was vetoed almost as soon as it landed on Governor Dayton’s desk. A portion of the bill contained language designed by the MSBA’s Probate Section to clarify farm and small business estate tax exclusions that were created during the 2011 special session. Similar language is in another tax bill, which has passed the House and awaits floor action in the Senate.

Closing Agent Bill Signed Into Law

Bryan Lake — Fri, 04 May 2012 18:14:28 +0000

Governor Dayton signed HF2705, which was advanced on behalf of the Real Property Section and the Outstate Practice Section. The bill exempts attorneys from a Department of Commerce real estate closing agent licensure requirement. The House and Senate authors were lawyer-legislators Rep. Pat Mazorol (R-Bloomington) and Sen. Scott Newman (R-Hutchinson), both of whom have provided invaluable assistance on numerous Bar issues.

Joint Physical Custody Bill Advances In the Senate

Bryan Lake — Fri, 04 May 2012 18:12:59 +0000

HF322, a bill that would alter Minnesota’s parenting time baseline presumption, was heard for a second time in the Senate Judiciary Committee, where it was re-referred after being altered in the Senate Health and Human Services Committee. The Judiciary Committee voted to send the bill, which is opposed by the Family Law Section, to the Senate Finance Committee without a recommendation. The version of the bill that passed the House last month would raise the current presumption of 25% physical custody to 45.1%, and would only allow the presumption to be overcome by proving, to a clear and convincing standard, the type of mistreatment that would trigger child protection proceedings. The presumption would therefore override the longstanding “best interests of the child” factors in most contested cases. The Senate Judiciary Committee eliminated most of the House language and set the presumption at 35%. The Senate Finance Committee is set to hear the bill Monday morning. If the bill becomes law, a wave of custody modification requests is expected to strain the court system, but no plan has been offered to cover the increased costs, which, because of delayed effective dates, may not occur until the state’s next fiscal biennium.

Social Security Disability Compromise Signed by Governor

Bryan Lake — Fri, 04 May 2012 18:10:51 +0000

Governor Dayton signed HF2294, which, among other things, includes a provision that restricts providers to charging a $10 flat fee, with no per page copying costs, when Social Security disability appellants request their medical records. The original proposal contained no limits on potential charges, and the $10 flat fee was negotiated by the MSBA’s Social Security Disability Section. The language includes an exemption for clients represented by civil legal services or pro bono attorneys.

Conciliation Court Bill Passes House and Senate

Bryan Lake — Fri, 04 May 2012 18:08:59 +0000

The House and Senate yesterday passed the conference committee report for SF506, which was sponsored in the Senate by lawyer-legislator Sen. Julianne Ortman (R-Chanhassen). The bill raises the conciliation court claim limit from $7500 to $10,000 starting August 1, and then raises the limit to $15,000 on August 1, 2014. Consumer credit actions will remain capped at $4000. The conference committee report passed the Senate unanimously and the House by a 73-54 margin. The Bar did not take a position on this bill, which awaits gubernatorial action.

One Bar Bill Signed, Another Passes the House

Bryan Lake — Fri, 20 Apr 2012 21:05:25 +0000

On Monday the House unanimously passed an MSBA bill that exempts attorney real estate closing agents from the Department of Commerce’s licensing requirements, correcting a cross-reference error in a recent law. The bill, HF2705, is sponsored by lawyer-legislator Pat Mazorol (R-Bloomington). The bill awaits action on the floor of the Senate, where it is carried by lawyer-legislator Sen. Dave Thompson (R-Lakeville).

This week the House passed, and the Governor signed, SF2114, a Bar bill that repeals a never-implemented 2010 law that would have made child support judgment liens effective for 20 years instead of 10. The underlying policy wasn’t objectionable, but the implementation was impossible without imposing significant burdens on the court system. The legislation was carried by Rep. Mary Liz Holberg (R-Lakeville) and lawyer-legislator Sen. Scott Newman (R-Hutchinson).