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 Legislative Watch Issue 3, Jan. 19, 2007
presented by the North Dakota Home School Association to home educating families for educational and instructional purposes. Nothing contained herein is to be construed as partisan in nature. Given accurate information recipients can make up their own minds about steps they can take to affect legislation in North Dakota in a respectful manner which promotes personal liberty, responsibility and freedom. All comment is the opinion of Gail Biby unless otherwise noted.  Nothing contained herein is to be construed as legal advice and is included for educational purposes only.These bills are arranged in numerical order with the House bills listed first. The bullet under each shows where the bill is in the legislative process at the time this Watch was written. It is our goal to send the Legislative Watch every Friday during the Session. If you have input on any of these, or others of interest, please contact me at: billbiby@msn.com  Some of the following are included for your information, some for action, and some for the sheer joy of it.

WATCH those in red! Especially SB 2184!

HOUSE BILLS 2007 LEGISLATIVE SESSION

HB 1040 - Prohibits disorderly conduct at a funeral. Keeps the malcontents away by at least 300 feet.

·          Passed House on 1/12 with amendment, Y 93, N 0.  Scheduled for Senate Judiciary committee Hearing 9 a.m. 1/22.

HB 1163 dealt with this same issue and was 1163 was withdrawn.

HB 1070 - Changes the definition of a school week from Monday through Sunday to Sunday through Saturday. This definition relates to the maximum number of hours a minor (between 14 and 15 years of age) may be employed.

·          Heard in House Industry, Business and Labor Committee on 1/8; reported back, do pass; passed House 1/9, Y92  N1. Senate received from House 1/10.

HB 1074 - Will make special event promoters and organizers responsible to provide a complete list of all vendors. Violators will be fined $250.

·          House Reported back amended, do pass, Y8, N4

This bill would force event organizers, such as our convention coordinator, to act as policing agents for the State Tax Commissioner. The bill was amended adding the provision that there must be 10 or more vendors at the event and the fine became optional with the possibility of it being waived. Opposition must still exist by the looks of the committee vote.

HB 1084 - Deals with immunizations and would allow for the development of a statewide tracking system for childhood immunizations through the state department of health.

·          Heard in House Human Services Committee 1/8; reported back, do not pass; failed to pass in House 1/9, Y5 N87  

This is now dead. R.I.P.

HB 1136 - This proposed law will increase the number of immunizations required for entrance into public, private, parochial or home school, day care centers, child care facilities, head start programs and nursery schools. Added to the already  lengthy list of mandated immunizations are: pneumococcal disease, meningococcal disease, rotavirus, hepatitis A, and additional diseases as required by rule. 

·          Passed House Y 87, N 4 1/12. Senate received from House 1/15.

The following five points are from homeschooling parent, Mary S.
1.  No vaccine is 100% safe. The rotavirus vaccine, first introduced in the mid 1990's, was pulled in 1999 due to infant deaths from bowel intussusceptions caused by the vaccine.

2.  Some vaccines offered in this country come from cell lines developed from aborted babies.  For example, the chickenpox, Hepatitis A, some Hepatitis B, MMR, Rubella, MMR and chickenpox. (Info from www.cogforlife.org)  This would pose a moral and ethical dilemma for many parents.

3. Health decisions should be made between parents and doctors.

4.  This bill would allow the health department to mandate any vaccine without legislative approval.  The people making vaccines mandatory would not be elected  officials representing the people of North Dakota.  They would not be representing you and would have no direct accountability  to the residents of North Dakota. (Reference Molly Sanders, North Dakota State Health Department).

5. The current strong parental rights exemption for immunizations in North Dakota is always only a vote away from nullification. We must not have a false sense of security simply because this exemption is now in place.

Apparently the committee also considered it inappropriate for the Dept. of Health to make law by fiat. The language which would have allowed the DoH to add by rule any new immunizations to the already very lengthy list was removed. Adding by rule would have meant that they could bypass the legislature and  North Dakota citizens. Even though this was removed, it is still not a bill I would endorse. Health care decisions ought to be left to parents. I wonder...did the CDC offer them any financial incentive to add these to the list?

HB 1150 - A bill to reduce the marriage penalty under the individual income tax for North Dakota citizens.

·          Scheduled for House Finance and Taxation Committee hearing 9 a.m. 1/24

Bottom line: folks should not be penalized for being married.

HB 1158 - Allows a child to take their driver’s test with someone else’s car.

·          Scheduled for House Transportation Committee hearing 9:00 a.m. 1/25.

When I found out that our grandson could not take his test using our car, I was incensed. Now really, how did that law come into being? What difference does it make what vehicle is used? Those years of praying that Karen K. would run for office are already paying off!

HB 1163 - Prevents people from making a ruckus at a funeral. Keeps the scalawags away by at least 500 feet.

·          Withdrawn from further consideration.

See HB 1040.

HB 1169 - Allows the Superintendent of Public Instruction to be elected without possessing a current ND professional teaching license.

·          Scheduled for House Education Committee hearing 2:00 p.m. 1/24.

Since this position is bureaucratic and administrative it seems to me that a current teaching certificate wouldn’t be proof of anything in regard to this office. And it may keep otherwise well-qualified individuals from seeking the post.

HB 1172 - This legislation will mandate the teaching of ND history.

·          Heard in House Education Committee on 1/15.

Many public schools, I think, and the majority of home schoolers are already teaching ND history. Since home educators “shall include instruction in those subjects required by law to be taught to public school students” (15.1-23-04) this would apply to them. One might oppose the bill because he is opposed to the government determining what shall be taught.

HB 1194 - Outlines the plan for government schools AND APPROVED NONPUBLIC SCHOOLS to implement requirements of Goals 2000 and school-to-work. It defines a standard course of instruction, an advanced course of instruction and a basic course of instruction. The bill also changes the amount and type of units which must be offered by a school district in order to be approved by the Dept. of Public Instruction.

·          Introduced and referred to the House Education Committee 1/8.

Mandating that a high schooler pursue one of the three courses of instruction seems too cookie-cutter to me. The bill increases the number of credits for graduation from 21 to 22 and requires that the diploma indicates which course of instruction the child completed. I fear this is further kowtowing to federal standards that continue to remove local control. Nonpublic schools ought to be incensed by this bill.

HB 1232 - Provides for umbilical cord blood donation.

·          Heard in House Human Services Committee 1/15.

I went on line to find out why we are storing umbilical cord blood and was surprised to find out that there are both private (you pay, big time!) and public cord banks. The literature states the goal is to provide stem cells for the possible future use of the child. I just completed reading Michael Crichton’s Next and it has made me a little uncomfortable about this bill. Do we have guarantees in law that that blood remains the sole property of the person from whom it was taken? Who has access to those banks?

HB 1327 - This bill would allow physicians to use complementary or alternative therapies and not have it constitute inappropriate care.

·          Introduced and referred to House Human Services Committee 1/10.

Physicians and patients ought to have the freedom to determine what is the best treatment. Many conventional treatments were once alternative therapies.

HB 1336 - A bill to adopt an agreement among the states to elect the President by national popular vote.

·           Scheduled for House Judiciary Committee hearing 8:00 a.m. 2/07.

Mmmm....somebody reading this should check out the reasoning behind the original establishment of the Electoral College.  Then let me know by emailing me at billbiby@msn.com  Sounds like a good assignment for a home schooler. I’m waiting!

HB 1337 - This bill would increase the minimum wage to $7.25.

·          Scheduled for House Business and Labor Committee Hearing 8 a.m. 1/23.

I can see where this would cause great financial hardship to small businesses. It would probably be detrimental to young people also because some businesses would have no other alternative but to hire fewer employees. These entry-level jobs are usually filled by teens. The other objection might be that it really isn’t the government’s job to determine how much a private employer pays his staff.

HB 1357 - Prohibits the possession of child pornography.

·           Scheduled for House Judiciary Committee hearing 8:30 a.m. 1/30.

This would change the penalty for possessing child porn from a misdemeanor for the first offense to a class C felony period!

HB 1370 - Provides 5 million dollars to the DPI to fund after-school programs.

·          Introduced and referred to House Education Committee 1/12.

Okay, so 5 million dollars from the DPI spent on non-school programs. OUCH! There seems to be no limit. I bet this is part of that whole P-16 mischief.

HB 1372 - Provides a quarter of a million dollars for a teacher mentoring program.

·          Introduced and referred to House Education Committee 1/12.

So...another 1/4 of a mil for a non-academic program. I see a pattern here.

HB 1376 - Relating to corrupt election practices.

·          Scheduled for House Government and Veterans Affairs Committee hearing 1:30 p.m. 1/25.

This legislation would add web sites to places where you cannot sponsor lies about a candidate. It would also prevent signature seekers for initiated measures from gathering them at a polling place.

HB 1405 - Provides for a December sales tax holiday.

·          Scheduled for House Finance and Taxation Committee hearing 9:00 a.m. 1/22.

Except for state tax guys who could oppose this? Included here for comic relief.

HB 1416 - Relates to family members’ reciprocal duties of support.

·          Scheduled for House Human Services Committee hearing 2:30 p.m. 1/23.

I include this because the warehousing of our elderly is a moral blight on America and especially the church. This bill would prevent children from dumping mom or pop at the local nursing home, declaring them unable to provide self-support and then heading for Arizona with the resources transferred by the parent to the child. In fact, if the patient has been so declared the nursing home can dismiss the resident to the care of the family unless the child assumes responsibility for the resident’s basic care expenses.

HB 1434 - related to the viral hepatitis education and vaccination program.

·          Introduced and referred to House Human Services Committee 1/15.

This appears to be geared toward high risk groups and mandates that the Department of Health conduct a study regarding the impact of viral hepatitis. Look for a vaccine mandate during the 2009 session.

HB 1435 - Relates to childhood immunizations.

·          Introduced and referred to House Human Services Committee 1/15.

Adds varicella 1 and 2 (chicken pox), meningococcal conjugate vaccine (MCV4) for meningitis to the lengthy list. And it provides $3.5 million to provide the program to public health units.

HB 1438 - Relates to starting date of government schools.

·          Introduced and referred to House Education Committee 1/15.

Mandates that the school calendar begin no earlier than the first Tuesday after Labor Day. Well, doesn’t that make sense anyway? I don’t expect it to fly, though!

HB 1454 - Relates to the minimum wage.

·          Scheduled for House Industry, Business and Labor Committee hearing 8:00 a.m. 1/24.

Another bill dealing with the raising of entry-level wages; $6.15 by Jan.1, 2008 and $7 to employees 19 years of age or older by Jan.1, 2009. At least this bill has some sensible age provisos.

HB 1464 -  Prohibits pregnancy reduction (means you couldn't kill one of the twins!); tremendously increases the amount of information given to mother; mandates giving information to the mother about available assistance, description of her baby, and a list of agencies offering alternatives to abortion; guarantees no loss of state or federal benefits if she changes her mind; emancipates a minor if she is denied financial support by parent, guardian or custodian because she does not get an abortion; provides information on obligations of the father; abortion-inducing drugs added to language; penalty for intentionally causing death of born-alive aborted baby is changed from a class C felony to a class AA felony; and prevents state funds from being used to promote abortion over normal childbirth.

·          Scheduled for House Judiciary Committee hearing 8:00 a.m. 1/22.

I was shocked to see any pro-life bills in the hopper. See also HB 1466 and SB 2312.  I believe this reflects very positively on our legislature. If we don’t respect life at the beginning why should we respect it at any of its stages. You can hardly blame a whole generation of  kids for thinking life is cheap when any one of them could have been ‘terminated’ by their mother if she so chose.  I wonder if 34 years of abortion has anything to do with the plethora of acts of violence and hopelessness.

HB 1466 - Prevents pharmacists from being held liable for providing any abortion-inducing product or drug; delineates persons who may prevent an abortion (e.g. attorney general, state’s attorney, parent of minor, father of unborn child); contains legal methods of relief, and deals with allowable civil actions, attorney fees and anonymity.

·          Scheduled for House Judiciary Committee hearing 8:00 a.m. 1/22.

Sensible controls offered over the practice of abortion ought to be welcome if we don’t have the courage to forbid it..

HB 1471 - Relates to the human papilloma virus.

·          Introduced and referred to House Human Services 1/15.

Mandates a public indoctrination, oops! sorry! education program that will contain information on the availability of, you guessed it! a vaccine. Look for this vaccine to be added to the list in the 2009 session.

HB 1478 - Provides an income tax credit for contributions to school districts of nonpublic elementary and secondary schools.

·          Scheduled for House Finance and Taxation Committee hearing 11:00 a.m. 1/22.

Well, well, finally. Tax relief for those who exercise their parental rights to opt out of a government school. This really is the only fair and safe way to address this inequity in my opinion. It would allow a taxpayer to take fifty percent tax credit against tax liability for the donation or tuition for one or more students attending school. It is limited to one thousand dollars per taxable year for married filers, but even this would be helpful. Yes, I wish home educators were a part of this bill.

HB 1489 - Relates to the protection of a preborn child.

·          Scheduled for House Judiciary Committee hearing 8:00 a.m. 1/22.

Another pro-life bill, but this one would not regulate abortion it would ban all abortions in North Dakota, even those committed via drugs (e.g. morning after pill) and would make it a class C felony to assist in any way with the killing of a baby in the womb. I will say it again: It is wrong to kill babies no matter how old they are or where they live!

HB 1494 - Provides limits to abortion.

·          Scheduled for House Judiciary Committee hearing 8:00 a.m. 1/22.

This bill prevents taxpayer money from being spent to pay for prenatal genetic testing unless the purpose of the testing is to provide treatment for the woman or unborn child. Can you see how this might play out if genetic testing is allowed for say Down Syndrome? Would some parents choose to kill their child in the womb rather take on the life-long responsibility of a child with disabilities? Some would.  The founder of Planned Parenthood, Margaret Sanger, said at an international birth control conference in 1925: The government of the United States deliberately encourages and even makes necessary by its laws the breeding--with a breakneck rapidity--of idiots, defectives, diseased, feebleminded and criminal classes.  Year by year their numbers are mounting. Year by year more money is expended...to maintain an increasing race of morons which threatens the very foundations of our civilization. She went on to spread her racist, eugenics message around the world. Hmmm...I wonder what she thinks NOW.

HCR 3011 - Requires that 60% of voters approve an increase in income, sales, use, gross receipts or motor vehicle excise taxes.

·          Heard in committee 1/17.

In my opinion....at least 60%!To find House members go to:

http://www.legis.nd.gov/assembly/60-2007/house/members/

To find out who sits on what committee in the House go to:

http://www.legis.nd.gov/assembly/60-2007/house/standing-comm/

SENATE BILLS 2007 LEGISLATIVE SESSION

SB 2013 - Provides appropriations for the Dept. of Public Instruction.

·          Heard in Senate Education Committee 1/18.

I include this because the reading of this bill is very instructive. The amount of money spent on education in North Dakota is phenomenal. Take a look at the budget. This horrendous amount represents the outlay for less than 100,000 public school students.

SB 2122 - Raised the state minimum wage to $5.85 by August 1, 2007, $6.55 by June 1, 2008, and $7.25 by June 1, 2009.

·           Introduced and referred to the Senate Industry, Business and Labor Committee 1/3.

See comments on HB 1337.

SB 2143 - This would allow for financing campaigns with public money.

·           Scheduled for Senate Political Subdivisions Committee hearing 9:00 a.m. 1/26.

YIKES! Do we really want taxpayer money to be given to those seeking government jobs via election? I suppose this was to encourage clean campaigns and to even the playing field, but taking money provided by the taxpayers and giving it to someone he may or may not support doesn’t seem right.

SB 2145 - A bill to designate the chokecherry as the official state fruit.

·          Heard in Senate Natural Resources Committee 11:00 1/19.

I have ecstatically relished too much chokecherry jelly to oppose this bill. Hooray! to Sens. Lyson, Hacker and Reps. Hatlestad and Sukut.

SB 2173 - A bill to join the School for the Blind with the School for the Deaf.

·          Heard in Senate Education Committee 1/15.

Under this plan the two schools would have been merged and located in the beautiful brick buildings on the well-tended grounds of the School for the Deaf in Devils Lake. Currently there are less than 30 students at the School. I haven’t been able to find out how many are at the School for the Blind in Grand Forks. SB 2013 appropriates $5.4 million dollars to the School for the Deaf. WOW! That’s a lot of moolah for less than 30 students. It sure isn’t very cost effective. Apparently the two parties couldn’t come to any consensus so the bill has gone down in flames.

SB 2181 - Related to consent for certain health care services provided to minors.

·           Senate second reading, passed, Y 46, N 0

This bill would allow a minor to obtain prenatal care (also any medical, mental or other health care services) without parental consent, but it does not allow them to get an abortion. It includes a section which encourages physicians to notify the parent(s) if the minor is seeking prenatal care. The physician or health care professional may not be compelled to treat a minor based on the minor's own consent. Under certain circumstances the physician may contact the parent(s) after telling the minor if: failure to tell them would jeopardize the child’s health, major surgery or prolonged hospitalization is necessary or telling the parent(s) would benefit the minor’s physical and mental health. Even with these safeguards added to the language it is still a disregard of parental rights. Another question: Who pays for these medical services?

SB 2184 - A bill to change the number of days required for approved schools and change the compulsory attendance age from 16 to 18.

·          Heard in Senate Education Committee 1/16.

This is one bill that ought to be strongly opposed. The current compulsory attendance ages (7 to 16) does not need expanding. Home educators would be bound by the change in age also. The number of days would be incrementally increased from180 days to 183 days. Is likely a part of the P-20 plan. Will this really raise the percentage of kids attending school? Barbara Jo M. attended the committee hearing on this bill and noted that they brought out the big guns in support of this bill: ND School Board Association, ND University System, ND Association of Educators, NDEA, and the ND Education Standards and Practices Board.

Dr. Bartlett has a number of key points relative to this bill which are well-stated:

1.  A comparison of dropout rates in the US reveals that states with compulsory attendance only to age 16 have a higher average for high school completion than states which require attendance to age 18. (ref. National Center for Education Statistics, Doc. NCES 2002-114.)  Therefore, raising the age of attendance will not result in greater high school completion.

2.  There is strong evidence that compulsory attendance ages have no effect on juvenile crime.  (ref. Tables of arrests adapted from H. Snyder, Juvenile Arrests, 1999. Office of Juvenile Justice and Delinquency Prevention, 2000.) Therefore, we wouldn't expect a decrease in crime as a result of passing this bill.

3.  Where it is seen that more students who stay in school until 18 go onto college and get good jobs, there is another perspective.  That is, the student who stayed in school likely did it voluntarily for a reason such as their plans to attend college or their God given academic interests and abilities or parental choice.  Therefore, confining a student without the interest and ability or parental choice to pursue the higher education would discourage most students.  It would also keep them in the company of destructive peer influence.  This would also infringe further on parental rights and free market opportunities (student and employer).

4.  Home school students typically do not file statements of intents after age 16 and may be counted in the drop-out rate, making it seem artificially high.  There are many more than 1200 families home schooling in ND.  Many home educators (with large families typical) choose which state to live in based on the home education laws.  This law, if home educators are not exempted, would result in some large families leaving North Dakota and other choosing not to come, with the economic result felt by the ND economy.  Encouraging home education and minimizing the compulsory education time period will save more tax money, reduce crime more, and encourage more responsible citizenship than spending tax money on confining students in public schools.  Young people respond to positive expectations better than confinement.  Lots to say on this....

5.  If public schools want to try this educational experiment, perhaps it should be left to the local school boards to decide based on the actual school issues, verses attempting to legislate a system that may not fit any one school case perfectly.  Likewise, home educators need to be exempted from the experiment, so that parents can have the freedom to make the best decisions for their children.

6.  Our faithful public school teachers deserve higher salaries and more help, but an honest interest in helping students learn and teachers find work must at some point analyze the system as compared to free market educational options.

7.  The philosophical thrust of our public schools is an important legislative consideration,since the philosophies taught result in youth behavior, which is tragic according to the ND 2005 Youth Health Risk Survey  http://www.dpi.state.nd.us/health/YRBS/index.shtm.  I would think that any Christian parent taking a look at the drugs, alcohol, immorality and suicide rates in this survey of their specific ND school, would conclude that what is being taught and caught in schools is at least in part, responsible.  Therefore, extending the time students are in school seems unjustified.

8.  If this bill goes forward, home educators will want an exemption.  There is no evidence that this bill will improve home education or keep home educated children out of trouble or get them better jobs.

SB 2200 - Deals with per student payments and much more.

·          Heard in  Senate Education Committee hearing 1/17.

I mention this only because it does change 15.1-23-19, part of the code relative to hsers. This portion dealt with payment to schools for providing a monitor to a home school. The issue is dealt with later in the bill (it’s lengthy).

SB 2245 - Allows for an income tax credit for higher education costs.

·          Introduced and referred to the Senate Finance and Taxation Committee 1/15.

Mmmm....tax relief for over burdened taxpayers. That’s a fresh approach.

SB 2248 - Deals with computer luring of minors.

·          Scheduled for Senate Judiciary Committee hearing 9:00 a.m. 1/24.

I can’t see how anyone could oppose this bill on any grounds.

SB 2281 - Relates to posting land and prohibits public use of private land that is entirely enclosed by a fence or other enclosure.

·          Introduced and referred to Senate Natural Resources Committee 1/15.

For urbanites who think they ought to be able to hunt anywhere they want, how would you like it if someone came to your carefully tended backyard some June evening and set up their tent for camping for a week?  Think about it.

SB 2309 - Deals with high school graduation requirements increasing them to 24 by school year 2011-2012. Also changes the specific credit requirements.

·          Introduced and referred to Senate Education Committee 1/15.

Another bill changing graduation requirements starting in 2009-2010.

SB 2312 - An abortion bill which requires the Dept. of Human Services to disburse funds from title IVA (fed. Program) to non-governmental alternatives-to-abortion programs and mandates the DoHS spend funds to inform the publics that this program exists.

·          Scheduled for Senate Human Services Committee hearing 10:00 a.m. 1/23.

No comment.To find the Senate members go to:

http://www.legis.nd.gov/assembly/60-2007/senate/members/

To find out who sits on what committee in the Senate go to:

http://www.legis.nd.gov/assembly/60-2007/senate/standing-comm/

To read any bills currently in the hopper go to:

http://www.legis.nd.gov/assembly/60-2007/leginfo/index.html

Then click on your choice of House or Senate Bills.

Then click on bill text # e.g. 78001.0100

To find your Legislative District and members go to:

http://web.apps.state.nd.us/hubexplorer/legislativedist/viewer.html

During a legislative session, a legislator can be reached at the State Capitol through e-mail or by leaving a message with the legislative telephone message center at 1-888-NDLEGIS (635-3447) or 701-328-3373 (local). Otherwise, a legislator can be reached by mail, telephone, or e-mail at the address listed in the legislator's bio under Legislative Assembly.

Here is the handy contacts page, even with printable labels: http://www.legis.nd.gov/information/general/contact.html

 

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