012617 Report from Rick Holman

On Tuesday morning, Jan 24^th we heard from providers and others who benefit from the services provided by the state of ND to create a better quality of life. We started with those agencies that provide services for people who are classified as developmental and intellectually challenged and in need of support services. Providers in Fargo, Wahpeton, Bismarck and Mandan shared stories of what they do as well as the need for continued funding with inflationary increases.

As we work on issues to cover costs for the next two years, one of the challenges has to be that the Governor and Legislative Leadership have both asked for across the board cuts in nearly all areas. This reminds me of the teacher who, now knowing who is guilty of a wrongdoing, would punish the entire class until the culprits came forward. Across the board cuts are like that. What the governor is doing is to take the money away from everyone and telling them figure it out rather than carefully examining each area to see what changes are needed. The correct process would be to prioritize and make adjustments accordingly.  Some would get more and others would get less. Some programs would be enhanced and others would be cut back or even eliminated.

An example would be the testimony from the eight Human Services Centers. They all said that their area of greatest need was in the area of addiction counseling. This areas along with behavioral adjustments will pay huge benefits if dealt with saving time and money in further treatment and the possibility of incarceration.

 
SB 2167 would eliminate Daylight Savings Time and place the entire state on Central Standard Time. Some opposition is coming from some in the Southwestern part of the state as well from others throughout the state from those who like the longer evening hours for family activities.  This is a solution looking for a problem.
There are two bills coming forward to address the new laws passed in the fall election. One the allowing of medical marijuana and the other dealing with victims' rights called Marcy’s Law. State law requires referred legislation to be put in place promptly, but in order to set things up with staffing and specific rules to implement the laws, more time is needed. Some are perceiving this as a stalling technique, but in reality, the time needed is necessary to see that the laws are set up as intended.
Another problematic bill is SB2315, introduced by state Senator David Clemens of West Fargo which  would make it legal to use deadly force to “prevent the other individual’s imminent commission of arson, burglary, robbery, aggravated robbery, theft, or criminal mischief.”

The bill removes from current law a legal requirement that someone thinking of using deadly force first try to retreat, or convince the intruder to retreat.

There are a number of big problems here.

·        First is that list of instances when deadly force is lawfully justified. It’s one thing to say that you can shoot someone who is in your home and about to cause you or another person there harm. It’s quite another to justify shooting someone up to “criminal mischief.” Like, say, vandalizing your car.

·        Second, the law would justify shooting someone who is already fleeing.

That’s not self defense. That’s murder. So is shooting down some teenager who was keying your car. This legislation has nothing to do with gun rights. It’s about justifying violence in situations where, quite frankly, it simply isn’t justified. (Taken from SAB, Rob Port.)

HB 1382 is called a school choice bill.  What it really does is take money intended for public education and allow part of it to be used to provide vouchers to parents who wish to send their children to private schools. The effect of this bill would be to divert already limited funds away from public school to be used in private schools. I can't support that. Dem-NPL legislators will continue fighting to protect funding for public education, including early, K-12 and higher education. We support increased training and development for teachers, local control over schools, and public accountability. And we are committed to fighting against any attempt to take much-needed funding away from our public schools. 

Finally, there has been a lot of polarization of our country before and after the recent election. In our state, some long time Democratic legislators were replaced with new faces. I still believe that even with our diminished numbers, we have a responsibility to point out those things that don't fit the views of the average North Dakotan. We have a history of a state government that cares about the health and welfare of our neighbors; One that insures that education should be available to all citizens. One that recognizes the value of each human and supports a government that provides situations that allow each person to reach the highest level of their individual potential no matter what their background. We will continue to challenge the majority when we think their policies are going too far and will support policies that are good for all North Dakotans. Even within our small caucus, we don't walk in lockstep with each other and know that we can agree to disagree. That is what democracy demands. 

Rep. Rick Holman, ND District 20