020917 Week Six Legislative Report

Rep. Rick Holman, ND District 20

We don’t have a lot of pipelines in the East but we still hear a lot about the protest site South of Mandan where the Dakota Access pipeline (DAPL) is trying to cross the Missouri. Don’t get me wrong; if we’re going to move oil, pipelines have a history of being the best and safest way to move product, whether it be natural gas, water, or oil. The protests on the DAPL turned in to something no one expected. It's becoming evident that social media has changed the way we receive and process information. When the state, the pipeline company, and likely others took for granted that crossing the Missouri close to the Standing Rock Reservation could be done just like anywhere else a problem started. The story quickly became about treaties and the often tragic history of tribal interaction with government.

I’ll make a comparison. Earlier this year I attended a meeting in Reynolds hosted by the Traill County Water Resource District. Why? They needed to visit with area landholders about cleaning a drain and installing and upgrading culverts. Information was presented, questions were asked and answered. At the end of the evening with a room full of people, most left with a better understanding of what was going to take place. Some of the rumors that had been circulating had been cleared up. Potential confrontation avoided.

It has been stated that the Corp of Engineers, the state and others setting up the DAPL had a meeting and no one from the Standing Rock Tribe showed up.  I don’t know if that’s entirely true but the non-meeting maybe should have encouraged further action to bring people together. What we have now is a polarized situation. Even if the pipeline issue is eventually resolved, bridges of trust have been burned and highways of communication have been blocked. Future communication will be difficult.

So what’s happening in the legislature?  During Monday’s floor session I heard the phrase “Knee Jerk Reaction” several times as we listened to supporters and opponents of five bills put in to deal with the DAPL protests. Supporters want stronger laws against protest, trespassing and vandalism. Opponents argue that putting laws in place driven by high emotion to deal with a specific situation will lead to unintended consequences in other situations. The US Constitution clearly states that once a law is in place, it must be applied equally to all people and in all situations.

 Here’s what the five pieces of legislation did.

·        HB1193 is about causing economic harm. If a protester creates a situation that costs someone money, it’s a crime. Passed 72-19. 

·        HB1304 is the mask bill saying that you can't wear a mask while committing a crime. Shouldn't the crime should be for the infraction not the mask? Passed 69-22

·        HB1293 is the trespass bill.  It reduces the penalty for trespass on posted land to an infraction. Don't we already have laws against trespassing.  Passed 85-6.

·        HB1383 is the don’t stop and smell the roses bill. Don't loiter without a good reason.  Failed 11-79.

·        HB1426 basically ramps up all sorts of penalties and goes the opposite way of the justice reinvention effort.  Work with nonviolent criminals and put the others in jail. Passed 63-27.

Other bills worth mentioning.

·        HB 1432 would take the establishment of school curriculum out of the hands of ND teachers and the Department of Public Instruction. After 45 minutes of debate and two votes, it failed and the development of the North Dakota Standards will continue.

·        HB1309 is a bill that would require the Higher Ed Board to follow certain procedures when hiring college presidents. All too often, some legislators want to be involved in higher ed management. The Higher Ed Board is an independent entity. We set their budget and they decide how to educate. Getting involved in management crosses the line. It failed 0-90.

·        Senate Bill 2167 which tried to put the entire state in to the same time zone and eliminate daylight savings time. It failed 11-33.

I voted no on all the above House bills. Surviving House legislation will now move to the Senate for their consideration. Failed bills will go away.

 

Enjoy the extra daylight we’re seeing and think spring. According to Punxsutawney Phil spring is only six weeks away.

RICK HOLMAN 

UPCOMING FORUMS.

Portland, Sat. Feb 11, Senior Center, 10 a.m.,

Hillsboro, Sat. Feb. 18, Community Center, 10 a.m.