North Dakota Home School Association

Legislative Watch Issue 8, March 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.

Arranged in numerical order with 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 of the quick links to read the bills, find out when they will be heard in committee, to contact your legislator and much more.

WATCH those in red! Especially SB 2371. If you don't read any of this Watch at least zip down to SB 2371 and read important ALERT for home educators.

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.

· Passed both houses; signed by Governor 3/07.

This bill makes event organizers, such as our convention coordinator, act as policing agents for the State Tax Commissioner.

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.

· Scheduled for Senate Human Service Committee Hearing 10:30 a.m. 3/12.

Health care decisions ought to be left to parents and their physicians. North Dakotans still have the right to opt out of any or all mandated immunizations based on philosophical, religious or moral beliefs.

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

· Heard in Senate Transportation committee 3/8.

Thank you to the House; hoping to thank the Senate.

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

· Scheduled for Senate Education Committee hearing 10:00 a.m. 3/14.

This is a bureaucratic, administrative position. Will a ND state teaching certificate guarantee those skills? I think not.

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

· Passed both houses. Sent to Governor 3/08.

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 1232 - Provides for umbilical cord blood donation.

· Passed both houses. Sent to Governor 3/08.

The goal of storing cord blood is to provide stem cells for the possible future use of the child.

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

· Scheduled for Senate Natural Resources Committee hearing 9:00 a.m. 3/16.

Sneeringly called by some in the media the “Shoot the Burglar Bill” Allows an individual threatened by a ne’er-do-well to use force to protect his home and family without having to think of every possible alternative.

HB 1357 - Prohibits the possession of child pornography.

· Scheduled for Senate Judiciary Committee hearing 9:00 a.m. 3/13.

Changes the penalty for possessing child porn from a misdemeanor to a class C felony period!

HB 1376 - Relating to corrupt election practices.

· Passed both houses. Signed by Governor 3/05.

This legislation would add web sites to places where you cannot sponsor lies about a candidate. No-brainer.

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

· Scheduled for Senate Human Services Committee hearing 11:00 a.m. 3/13.

This appears to be geared toward high risk groups and mandates that the Department of Health conduct a surveillance regarding the impact of Hepatitis C.

HB 1435 - Relates to childhood immunizations.

· Scheduled for Senate Human Services Committee hearing 11:00 a.m. 3/12.

Adds meningococcal vaccines to the lengthy list. Provides $3.5 million to provide the program to public health units. For a complete list of all currently mandated and suggested vaccines visit the ND Department of Health’s website. I could find no place on the website that clearly stated parents have the right to opt out.

HB 1466 - Relates to the prohibition of the performance of abortions, except to save the life of the mother.

· Scheduled for Senate Judiciary Committee hearing 10:30 a.m. 3/13.

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.

· Scheduled for Senate Appropriations Committee hearing 9:45 a.m. 3/15.

Mandates a public education program on the availability of an HPV vaccine. According to a recent article in the Fargo Forum (2/21/07) Merck & Co. is suspending its lobbying campaign aimed at persuading state legislatures (via Women in Government) to require this additional vaccine for young girls. Apparently the outrage across the country at this attempt by a manufacturer of the product to coerce the mandate has had some effect on Merck. Since the vaccine has only been tested on about 1200 children the long term affects are clearly not known and there are apparently some rather nasty side effects.

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

· House failed to adopt 3/02.

Now, are we surprised?!

HCR 3032 - Urges passage of the Equal Rights Amendment and declares Friday, March 9, 2007 as North Dakota Equal Rights Amendment Recognition Day.

· Adopted by both houses.

Oh, ND ERA day has already passed and I missed it! I was cleaning house and doing laundry and baking bread.

HCR 3052 - Relates to establishing an in-state lottery.

· Second reading in House, failed to adopt.

Hurrah!

HCR 3054 - Relating to sessions of the legislature.

· Second reading in House, failed to adopt.

Good enough!

To find House members go to:h

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

· Scheduled for House Human Services Committee hearing 9:00 a.m. 3/13.

Allows a minor to obtain prenatal care, medical, mental or other health care services without parental consent (not an abortion). Apparently parents will be billed for the services but will not be privy to the services rendered under HIPPA. MOST parents have the best interests of their children in mind and this shows disrespect for parental rights.

SB 2248 - Deals with computer luring of minors.

· House Judiciary Committee, do pass, Y 14, N 0. Rereferred to Judiciary committee 3/06.

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.

· Scheduled for House Education Committee hearing 8:30 a.m. 3/12.

Another bill changing graduation requirements starting in 2009-2010. One legislator who responded to my inquiry said he believed the bill was theoretically a good idea but realistically unworkable. He was planning to vote against it.

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.

· Heard in House Human Services Committee 2/26 and rereferred to Appropriations 3/01.

Would there be government strings attached to monies given to private groups?

SB 2347 - Relates to the creation of the North Dakota promise grant program for students enrolled in institutions of higher education in North Dakota.

· Scheduled for House Education Committee hearing 10:00 a.m. 3/12.

Interested home educators have asked their Representatives to add home educated students to those allowed these grants. Grants would be given to students based on residency, high school curriculum (strong emphasis on higher math) and ACT scores. They must also be full-time students in an associate or baccalaureate program and maintain a 3.0 GPA. Program would begin with the 2012-2013 school year. Proponents believe it is only fair if public and non-public school students are entitled to consideration then home schooled students ought to be also. Some opponents may have philosophical beliefs that preclude them from supporting taxpayer funded ‘gifts’ to fund education in any form. Some believe that subsidies/grants/welfare still consists of the taking from one and the giving to another without consent of the ‘donor’. (Any editorializing is the product of the author of the LW and does not necessarily reflect the beliefs of the Legislative Watch Team, the Executive Director of the NDHSA or the NDHSA Board of Directors.)

SB 2371 - Allows grandparents to home school; amended to include drastic changes to current testing requirements.

· Heard in House Education Committee, 2/28 9:00 a.m.

UPDATE: The bill was heard in the House Education Committee on 2/28. I am stunned by the manner in which this bill has been handled. Following committee discussion one member (usually a subcommittee is appointed with others being included who have a vested interest in the bill) was given the task of rewriting the bill. No home educators, to my knowledge were contacted. Home educators were not given a hearing on these changes. The grandparent section was removed and the entire bill was rewritten (hog housed!). At the time of writing this bill if passed would do the following:

1. It will not allow grandparents to home educate (which was the INTENT of the bill in the first place!).

2. Mandates that the national teacher exam used to qualify to home school is the Pre-Professional Skills Test (PPST).

3. Changes the test requirements and adds the ND state assessment as an option. They cannot force a parent to use the ND State Assessment which is a product of NCLB which had provisions added to it which exempts home educators from all its requirements.

4. Adds penalties for failure to perform on the tests.

5. Changes testing years from 4, 6, 8 and 10 to 3, 4, 6, 8 and 11.

6. Requires that test administrators must be employed by school district if using their test.

7. If privately testing, all costs are the responsibility of the parent.

8. Changes requirements so that a child must test above the lowest achievement level on EVERY subject tested on the state assessment and at or above the 30th percentile on every subject tested on a nationally normed standardized achievement test. Of course that will pose a problem for Christian worldview parents in the sections dealing with social studies and science.

9. Adds a penalty to the current statutes for violation of the law. After a hearing if a parent is found in violation of the statute they are to be monitored by the school district for at least one year. ALL costs of the monitoring is the responsibility of the parent. Another unfunded mandate.

It will probably be voted on Tuesday or perhaps Wednesday, BUT, although improbable, there is the slight chance that it could be rushed through on Monday, even though it is not on the House schedule.

THEREFORE

1. We need to alert homeschoolers to call their legislators at home this weekend (preferred) or to email them or to call the Capitol message center on Monday.

2. Everyone must be VERY polite. No venting. No anger. No subtle digging.

3. The message, in essence, should be:

Please vote NO on 2371. This bill was changed in committee to require increased regulation of homeschooling. Homeschoolers were not given a hearing in regards to those changes. This bill would be very detrimental to homeschoolers. Vote NO on 2371.

SB 2377 - Provides for a legislative council study of midwifery.

· Scheduled for House Human Services Committee hearing 10:00 a.m. 3/12.

The original was gutted and turned into a mandate to the Legislative Council to study the subject during the 2007-08 interim. Study bills are usually precursors to legislation so look for more on this in the 2009 session.

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

· Reported back, do not pass, Y 4, N 2. Laid on table 2/15.

Adds this 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.”

SB 2415 - Prohibits implanting microchips and provides a penalty.

· Scheduled for House Judiciary Committee hearing 8:30 a.m. 3/13.

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

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.