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©2006 NDHSA
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Legislative Watch Issue 5, Feb. 9, 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.
Quick links added to NDHSA website. Go to www.ndhsa.org and click on any of the quick links to read the bills, find out when they will be heard in committee, to contact your legislator and much more.
HOUSE BILLS 2007 LEGISLATIVE SESSION
HB 1074 - Will make special event promoters and organizers responsible to provide a complete list of all vendors. Violators may be fined $250.
· House Second reading, passed, Y 48, N 44. Sent to Senate.
This bill makes event organizers, such as our convention coordinator, act as policing agents for the State Tax Commissioner. The vote was close which implies that many are hesitant about this legislation. The fiscal note attached states, “The bill does not alter any sales tax that is due, and has no fiscal impact.” In effect, event coordinators are working for the tax department free of charge, hence, no fiscal impact. Oh, brother!
HB 1136 - 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.
· Passed House Y 87, N 4 1/12. Senate received from House 1/15.
Health care decisions ought to be left to parents and their physicians. 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.
· House Reported back, do not pass, Y 13 N 0
According to the fiscal note attached this would impact ND tax revenues by about $16 million for the biennium. Sarcastically I will say: Of course, the state can more wisely use our $16 million than we can! After all, we might spend it on food, lodging, transportation, curriculum, field trips and even a summer family vacation. Horrors!
HB 1158 - Allows a child to take their driver’s test with someone else’s car.
· Passed the House, Y 91, N 0.
What difference does it make as long as it is road ready? A vote made using common sense. I love it!
HB 1169 - Allows the Supt. 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.
· House Reported back, do not pass, Y 10, N 2.
Mandating that a high schooler pursue one of the three courses of instruction seems too cookie-cutter to me. Maybe the House Ed Committee believes the same way.
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.
· House Reported back amend, dnp, Y 7, N 6 House amendment adopted, placed on calendar 2/07.
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) Close vote in the House Judiciary Committee. We’ll see what the Legislators think when it comes to a floor vote.
HB 1327 - Would allow physicians to use complementary & alternative therapies and not have it be inappropriate care.
· House Second reading, failed to pass, Y 8, N 80.
Physicians and patients ought to have the freedom to determine what is the best treatment. Many conventional treatments were once alternative therapies. I guess the House didn’t have the same sense of liberty-loving about this bill and it went down in flames. Too bad.
HB 1336 - A bill to adopt an agreement among the states to elect the President by national popular vote.
· Reported back, do not pass, Y9, N 5.
Well, well, good for the Judiciary committee. Look for an article on the Electoral College in a future edition of The Home School Report, written by a home schooler who testified at the hearing on HB 1336.
HB 1357 - Prohibits the possession of child pornography.
· House Reported back, do pass, Y 14, N 0. 1/31 Laid over one legislative day. 2/5
Changes the penalty for possessing child porn from a misdemeanor to a class C felony period! Well I should hope so!
HB 1376 - Relating to corrupt election practices.
· Amended in House and adopted. House Second reading, passed, Y 87, N 2.
This legislation would add web sites to places where you cannot sponsor lies about a candidate. All in favor say, “Aye!”
HB 1405 - Provides for a December sales tax holiday.
· House Second reading, failed to pass, Y 30, N 62.
Grrrrrrr!
HB 1416 - Relates to family members’ reciprocal duties of support.
· House Second reading, failed to pass, Y 16, N 74.
I’m not sure why this bill failed. I think the intent was right. Everyone should pay their own way in life, as much as possible, even if that means the children’s inheritance must be used to care for the aged parent/grandparent.
HB 1434 - Related to the viral hepatitis education and vaccination program.
· House Reported back amended, do pass, Y 11, N 1.
This appears to be geared toward high risk groups and mandates that the Department of Health conduct a surveillance regarding the impact of viral hepatitis.
HB 1435 - Relates to childhood immunizations.
· House Reported back amended, do pass, Y 12, N 0.
Adds varicella (chicken pox) and meningococcal vaccines 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 1464 - Prohibits pregnancy reduction (means you couldn't kill one of the twins!); increases the amount of information given to mother; 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.
· House Second reading, failed to pass, Y 39, N 49.
No comment.
HB 1466 - Relates to the prohibition of the performance of abortions, except to save the life of the mother.
· House Second reading, passed, Y 61, N 26.
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? Did you know that Gardasil, the ‘vaccine’ being touted by the CDC , is produced by Merck and that Merck is underwriting the cost of advertisements regarding this? Did you know that it has been tested on less than 2000 children? Are you aware that Pap smears will detect these infrequent forms of cervical cancer that MAY be caused by the HPV and that they are easily treated? For more information go to the National Vaccine Injury website.
HB 1478 - Provides income tax credit for contributions to school districts of nonpublic elementary and secondary schools.
· House Second reading, failed to pass, Y 31, N 61.
Parents who choose an alternative education delivery method should be rewarded for their sacrificial choice. I guess the House didn’t think so.
HB 1489 - Relates to the protection of a preborn child.
· House Second reading, failed to pass, Y 20, N 69.
No comment. Only tears.
HB 1494 - Provides limits to abortion.
· House Second reading, failed to pass, Y 29, N 60.
No comment. Only more tears.
HCR 3011 - Requires 60% of voters approve increase in income, sales, use, gross receipts or motor vehicle excise taxes.
· Heard in committee 1/17.
In my opinion....at least 60%!
HCR 3032 - Urges passage of the Equal Rights Amendment and declares Friday, March 9, 2007 as North Dakota Equal Rights Amendment Recognition Day.
· Introduced and referred to House Government and Veterans Affairs Committee 1/26.
You have to appreciate their persistence. I’m going to be baking cookies and doing laundry that day!
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 2143 - This would allow for financing campaigns with public money.
· Senate Second reading, failed to pass, Y 13, N 33.
Maybe it should be of some concern that 13 Senators thought that using tax dollars to fund campaigns was a good idea.
SB 2181 - Related to consent for certain health care services provided to minors.
· Senate second reading, passed, Y 46, N 0. House, first reading, referred Human Services Committee 1/31.
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. Rereferred to Appropriations 1/22. Heard in Senate Education Committee 1/29.
This is one bill that ought to be strongly opposed. The current compulsory attendance ages (7 to 16) do 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 (RUTUS).
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.
· Senate Second reading, passed Y 45, N 0. House Introduced and referred to Judiciary Committee 2/06.
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.
· Senate Second reading, passed, Y 44, N 3.
Another bill changing graduation requirements starting in 2009-2010. Some concerns about this as voiced by a Legislative Watch Team member:
SB 2309 states, “NO STUDENT may graduate from a high school in this state OR BE ADMITTED TO AN INSTITUTION OF HIGHER EDUCATION IN THIS STATE unless the student demonstrates successful completion of the following” (various increased credit requirements increasing to 24 by 2014-2015) (emphasis added). My reading is that, while homeschoolers may be able to design their own curriculum, the state would now require that the credits needed for graduation must be the same as the requirements for admission to a state college, so even if we get a dispensation regarding credits required for our diploma, our students could be barred from attending a ND college because they don’t have the particular credits the state wants.
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.
· Senate Second reading, passed, Y 43, N 1. House First reading referred to Human Services Committee 2/06.
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).
· Heard in Senate Education Committee 2/06.
Note from Dr. Jim Bartlett:
SB 2371 was presented to the Senate Education Committee by Sen. Heckaman on Tuesday, February 6th. Alan Gleason, Dinah Gleason, and Dennis Gleason presented the need for passing this bill based on the situation with their grandchildren and other situations. Dr Bartlett presented the NDHSA testimony http://www.ndhsa.org/SB2371Bartlett.pdf which concurred with the Gleasons, compared ND with other states on instructor restrictions, elaborated on the need to allow foster parents to home school, explained why this bill also drops the "nationally normed" term, corrects the "basic battery" language, and should be amended to allow test administration by those qualified by the test publisher. Julie Liffrig and the N. D. Catholic Conference also presented testimony in favor of this bill. It was pointed out that the recent (February 1, 2007) Attorney General’s opinion http://www.ag.nd.gov/documents/2007-L-03.pdf, which states that "only a qualified parent may provide instruction to that parent's child and that a qualified parent may not supervise someone else who is providing instruction to the child," further supports the need for this bill. Social Services spoke in opposition to the bill explaining that shifting children from public school to home school back to public school could be disruptive to the child's learning, but how language could accommodate this by gaining biological parent approval or similar. Greg Gallagher of the DPI spoke in opposition to the bill where it removes the term "nationally normed" even though the ND State Assessment is not nationally normed. He also expressed the DPI’s desire for home educators to be required to take the ND State Assessment.
SB 2386 - Deals with the administration of the animal identification program.
· Senate Second reading, failed to pass, Y 2, N 44.
Dead in the water without a beep, beep beep.
SB 2400 - Relates to the North Dakota’s state policy on abortion and childbirth.
· Heard in Senate Human Services Committee 2/6.
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.
· Senate Second reading, failed to pass, Y 2, N 43.
Though not surprised I am extremely disappointed. I see where State workers, however, will receive a 4% increase in salaries totaling more than $80 million. There are 8,437 full-time state workers (in a state with only 640,000 people!) who will get a 4% raise this summer and again next summer with a guaranteed raise of at least $75 per month. The fiscal note attached to SB 2414 estimated (guessed) that it would have a $1.1 million impact on tax revenues. Mmmmmmmm....$1.1 million compared to $80 million. At the hearing on 1/20/07 Dr. Jim Bartlett testified for the NDHSA covering double taxation, how home educators save taxpayers money, the good results of home education, and that property taxes need to be in the formula to also serve lower income families (testimony posted at www.ndhsa.org). An interesting note: Kyle Martin researched the rational behind the negative vote and found that the committee wanted to fix public education first before addressing a home education tax credit. Whew! We could be waiting a long time.
SB 2415 - Prohibits implanting microchips and provides a penalty.
· Heard in Senate Judiciary Committee 1/31/06/
Prevents anyone from implanting a microchip containing a radio frequency identification device into anyone.
SCR 4022 - Urges Congress and the President to pursue peace and to disengage our combat forces from Iraq duty.
· Senate Introduced and referred to Senate Political Subdivisions Committee.
Of course we ought to pursue peace, but do we know at what cost?
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
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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