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©2006 NDHSA

 
 Ron Krempasky, VP Sales & Marketing      Office: 720.283.4484          Cell: 303.881.2841

"Let nothing be inconvenient to you, not even the smallest thing. It is in this that true life begins" For your enlightenment: It's been obvious for centuries that clear warnings cannot be heard by historically challenged people. Americans are completely ignorant when it comes to the history of this nation and the world--remarkable ignorant. They have never studied the history of the Federal Reserve, their educational system, nor their Constitutional government... to read more by Nancy Levant click here:  http://www.newswithviews.com/Levant/nancy77.htm

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. 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.

Quick links added to NDHSA website. Go to www.ndhsa.org and click on any the quick links to read the bills, find out when they will be heard in committee, to contact your legislator and much more.

Serious about wanting a tax credit for home education?  Monday, January 29th is the day to go to the Capitol Building and demonstrate your seriousness.    SB 2414 will be heard at 10:00 a.m. in the Lewis and Clark room. Arrive early.

WATCH those in red! 

HOUSE BILLS 2007 LEGISLATIVE SESSION

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

·          Passed both houses; sent to Governor 1/24.

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

·          House Second reading, passed, Y 48, N 44. Sent to Senate.

This bill make event organizers, such as our convention coordinator, 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.  The vote was close which implies that many are hesitant about this legislation.

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 four points are from homeschooling parent, Mary S. which I include again for your information.
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. 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.

Health care decisions ought to be left to parents. There are many legitimate concerns about the constant attack on immature immune systems by this mandated plethora of immunizations.

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

·          Heard in House Finance and Taxation Committee 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.

·          Heard in House Transportation Committee 9:00 a.m. 1/25.

What difference does it make what vehicle is used as long as it is road ready?

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

·          Heard in  House Education Committee 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.

·          House Second reading, passed Y 92, N 0. Received in Senate 1/24.

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.

·          Scheduled for House Education Committee hearing 2:30 p.m. on 1/29.

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. Further kowtowing to federal standards that remove local control. Nonpublic schools ought to be incensed by this bill.

HB 1232 - Provides for umbilical cord blood donation.

·          House Amendment adopted 1/22. House Second reading, passed Y 91, N 1. Received in Senate 1/24.

The goal of storing cord blood is to provide stem cells for the possible future use of the child. Do we have laws that guarantees that the blood remains the sole property of the person from whom it was taken? Who has access to those banks?  The section of the bill that would have required the state department of health to develop education materials regarding the issue and would require that they distribute the materials to all obstetrical patients was amended out.

HB 1319 - Provides for sensible laws regarding the use of deadly force.

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

These changes to the law seem to tip the scales more to the individual and property owner, instead of forcing the person being threatened to stop and figure out every possible alternative to using deadly force to protect his family and property. (Comments from B. J. Miller)

HB 1327 - Would allow physicians to use complementary & alternative therapies and not have it be inappropriate care.

·          Heard in House Human Services Committee 1/24.

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!  LW #4 and I’m still waiting.

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! And it’s about time!

HB 1376 - Relating to corrupt election practices.

·          Heard in House Government and Veterans Affairs Committee 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. How are the two related??

HB 1405 - Provides for a December sales tax holiday.

·          House Finance and Taxation Committee Reported back, do not pass, placed on calendar y 010 n 004 1/24.

Included here for comic relief. I guess there must be at least 10 grinches serving on that committee. Bah! Humbug!

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

·          Heard in House Human Services Committee 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. For a complete list of all currently mandated and suggested vaccines go to www.cdc.gov

HB 1438 - Relates to starting date of government schools.

·          House Second Reading, failed to pass, Y 15 N 77 1/23.

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. Told you so! Dead in the water (At the lake over Labor Day!).

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.

·          Reported back, do not pass Y 7, N 6.

See also HB 1466 and SB 2312.  I repeat myself: It’s wrong to kill babies no matter where they live or how old they are. It doesn’t matter if they are wanted or not; there are many couples willing to adopt.  From a LW member:  Introduces a change of term from ‘viable fetus’ to ‘infant.’ Prohibits distribution of birth control devices by a school employee, including a visiting presenter.

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. Prohibits abortion except to save the life of the mother.

·          Reported back, do pass, Y 8, N 4. 1/24.

Considered a ‘trigger bill’ and would outlaw abortion if the U.S. Supreme Court overturns Roe vs. Wade. Pray for this!

HB 1471 - Relates to the human papilloma virus.

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

Mandates a public education program on the availability of an HPV vaccine. More on this in the 2009 session?

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

·          Heard in House Finance and Taxation Committee 11:00 a.m. 1/22.

Parents who choose an alternative education delivery method should be rewarded for their sacrificial choice.

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

·          Reported back, do not pass, Y 13, N 0. 1/24.

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.

·          Reported back, do not pass, Y 11, N 2. 1/24.

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.

HCR 3011 - Requires 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.

This bill is very instructive regarding the cost of education.  This appalling amount represents the outlay for less than 100,000 public school students, which I heard recently is expected to dip below 90,000 in the next few years.. It is estimated that the government spends about $7,000 to educate each child in public school. Boy, that would buy a lot of great curriculum, resources for the home school library and field trips.

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

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

Do we really want taxpayer money to be given to those seeking government jobs via election? Taking  taxpayer money and giving it to someone they may or may not support doesn’t seem right.

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

·           Senate second reading, passed, Y 46, N 0. Received in House 1/19.

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. Even with some language  safeguards added to the bill 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.

·          Reported back amended (dealt with appropriations), do pass, unanimous. 1/19.

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 on to 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 2248 - Deals with computer luring of minors.

·          Heard in  Senate Judiciary Committee 9:00 a.m. 1/24.

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

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 public that this program exists.

·          Reported back, do pass, Y 6, N 0.

No comment.

SB 2371 - Allows grandparents and foster parents to home school; clarifies confusing language regarding test requirements, allowing the use of a standardized achievement test (rather than a nationally-normed, standardized achievement test).

·          Introduced and referred to Senate Education Committee 1/22.

Introduced by Sens. Heckaman, Freborg, and Hacker on January 22. Referred to the Senate Education Committee, on which Sen. Layton Freborg sits as the chairman. This bill was initiated by long-time homeschooling parents interested in homeschooling their grandchildren. Think of the grandparents who would like to be fully engaged in the lives of their grandchildren. The government should not stand in their way. Really, would the State rather we packed up and spent our hard-earned retirement dollars in Arizona?

SB 2386 - Deals with the administration of the animal identification program.

·          Introduced and referred to Senate Agriculture Committee 1/22.

I include this for those who may have sniggered at this topics briefly introduced by Mr. Jonathan Bartlett at the Education Lobbying Seminar. The bill does mention only cattle, horses and mules and it does make information gathered confidential and not subject to open records except under specific circumstances.

SB 2400 - Relates to the North Dakota’s state policy on abortion and childbirth.

·          Introduced and referred to Senate Human Services Committee 1/22.

Adds a new bit of language:  “The state of North Dakota recognizes the full right of citizenship and the commensurate protections of all applicable laws to all citizens, born and preborn, with no prejudice of chronology within the human lifespan  continuum.”  It seems that would also make it applicable to the elderly or incapacitated.

SB 2414 - Provides an income tax credit to home educators.

Scheduled for Finance and Taxation Committee hearing 10 a.m. 1/29.

Well, bravo! to Sen. David P. O’Connell. As I have been wont to say: The entire cost is ours. The government does not need to supply buildings, janitors, cooks, teachers, principals, administrators, clerks, nurses, police officers, secretaries, playground equipment, superintendents, computers, labs, microscopes, books, maps, art supplies, physical education equipment, busses, coaches, lunches or anything related to my child’s education. A tax credit seems fair!

This note from Dr. Jim Bartlett: Dear Home Schoolers Who Want a $1000 Tax Credit,   If you are serious about wanting a tax credit for home schooling, Monday, January 29th is the day to go to the Capitol Building and demonstrate your seriousness.   If you are willing to testify, please come early at 9 AM, just outside the Lewis and Clark room to coordinate testimonies. Even if you are coming to show your support by your presence, which is equally important, please plan to arrive early by 9:30 AM, just in case the SB2414 hearing gets started earlier than the scheduled 10 AM.     Please also spread the word to others who do not have email!   See you Monday morning in Bismarck!   Jim Bartlett

SB 2415 - Prohibits implanting microchips and provides a penalty.

·          Introduced and referred to Senate Judiciary Committee 1/22.

Prevents anyone from implanting a microchip containing a radio frequency identification device into anyone.

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