Capitol Letter for April 19, 2024

The Capitol Letter™ is a recurring publication that provides reports from LWV Minnesota volunteer Observer Corps and Lobby Corps members on what is happening in the current legislative session.

 

LWVMN ADVOCACY

  • LWVMN Election and Redistricting Policy Coordinator Paul Huffman was interviewed by Southwest News Media reporter Graham Johnson on A tale of two districts: The redistricting process and Chaska. This article originated with a question from Chaska residents about why the most recent redistricting cycle resulted in the city being split between two legislative districts.  In the article, Paul describes how divided government over the past six redistricting cycles has meant that the process falls to the Minnesota Supreme Court whose primarily goal is for legal maps rather than to best reflect voters. Moreover, the Court drawn maps only provide a high level explanation as to why they were drawn that way. The proposed legislation for an Independent Citizens’ Redistricting Commission (ICRC), HF4593, supported by LWVMN and authored by Rep. Klevorn would provide more transparency and representation for Minnesotans. This bill is likely not going to pass during the 2024 session, but our advocacy will continue for the 2030 cycle.

Observer Reports

  • LWVMN Observer Corps Member Shannon Moore

    SF 4480 (Kunesh) - Minnesota Indian Family Preservation Act Modifications.

    Key points of the bill: Senator Kunesh brought the Minnesota Indian Family Preservation Act (MIFPA) in front of the Committee for modification last year. There was an urgent need to ensure that if the Indian Child Welfare Act (ICWA) would go away at the federal level, native tribes and families in Minnesota would be protected. ICWA established federal procedures and requirements for child custody proceedings that involved an Indian Child. MIFPA was established in 1985 to strengthen and expand upon parts of ICWA. In the 2023 legislative session, the legislature codified ICWA into the state MIFPA statutes, adding a purpose statement and additional definitions and clarifications. This bill further modifies MIFPA by amending definitions and making technical and conforming changes.

    Additionally, the bill modifies notice requirements for child placement proceedings, inquiry procedures and the appointment of counsel in child placement proceedings involving an Indian child. An often overlooked issue is compliance with ICWA at the Federal level and then MIFPA at the State level. ICWA and MIFPA apply to all cases where a child is defined as an Indian child or may be removed from care, control and custody of the Indian child’s parents or an Indian custodian who cannot have the child returned to their care simply by asking. The 2023/24 MIFPA phase 2 work focused on making compliance with ICWA and MIFPA more clear and easier to understand for practitioners. Critically important work has also been done to facilitate Tribal participation in hearings. Also, a multi-disciplinary team will evaluate what permanency, timelines and practice in child welfare proceedings will be looked at.

    Testifiers: James Ryan, Deputy Solicitor General, Mille Lacs Band of Ojibwe - Supports the bill and stressed the importance of Indian children being part of their tribal community.

    Judge Rebecca McConkey Green, Leech Lake Band of Ojibwe Tribal Court - She worked extensively with all tribes to discuss what was needed on this bill. There were 187 people in the larger working group. They broke up into 10 sub-committees to discuss and come to an agreement on what they felt was important which is in the Bill. They also engaged other groups including Minnesota County Attorneys, Association of Minnesota Counties (AMC) and from all the tribes in Minnesota and the organizations that serve Indian people in the state of Minnesota. However, not all the work is complete and she will be back next year with any needed changes.

    Lori York, Executive Director of the White Earth Nation - Thanked the Committee for passing amendments to MIFPA last year to insure all protections would stay in place. This bill provides greater protection for Indian children, and requests support and approval.

    Sadie Hart, Indian Child Welfare Compliance Monitor at the Ain Dah Yung Center in St. Paul. An Dah Yung means Our Home in Ojibwe. As an ICWA compliance monitor, she works with Judges, Lawyers and others in Ramsey, Anoka, Dakota Washington, Carver and Scott Counties. 2 Important issues that this bill addresses - 1)Clarifies the court’s responsibilities to ask about a child’s tribal heritage or ancestry which needs to happen at the start of the proceeding and continue throughout the families court involvement. 2) This bill addresses the issue of the barriers that prevent tribal representatives from actively participating in court cases by creating a definition of tribal representatives.

    Member Questions: Senator Warren Limmer (R - Maple Grove) - Are all tribes in support? Answer - Yes. All tribes were contacted and took part either in-person, online or responding to emails. Are all tribes financially able to benefit from this bill? Answer - Yes

    The A3 amendment passed, and because there is a financial component, the bill was referred to the Finance Committee.

  • LWVMN Observer Corps Member Amy Thomas

    SF3868 (Morrison) - Ranked choice voting local option. Motion to accept Amendment A-8 was adopted: Deletes exception for certain nonpartisan candidate(s) on primary ballot; deletes definition of “active candidate” and “partially defective ballot”; revises definition of “ranked choice voting local election official”; revises conditions for authorization for local adoption; revises ballot format rules in local RCV voting elections; revises method for tabulation of votes in RCV local elections; revises requirements for reporting results relative to RCV local elections; and revises certain requirements for post-election review of RCV local elections.

    There were two testifiers in support of the entire bill or portions of it and none in opposition: Steve Simon, Minnesota Secretary of State: Supports the bill to give all Minnesota cities the option of using RCV for nonpartisan, municipal elections.

    Christina Scipioni, Bloomington City Clerk: Spoke in support of two provisions in the bill: (1) Statewide standards for RCV; and (2) Allowing the use of federally tested RCV tabulation software.

    MEMBER DISCUSSION: Sen. Koran (R): Spoke at length in opposition to the bill. Sen. Drazkowski (R): What recourse do people in a community have to repeal RCV? Sen. Morrison: Referenced Minnetonka ballot question to repeal RCV that citizens voted on and rejected; Sen. Drazkowski: Thinks there’s more room for mechanical, how-to language in the bill relative to repeal of RCV.

    Bill was laid over for possible inclusion.

 
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