Wednesday, October 8, 2014

A measured approach to 2014 Measures

North Dakota election day Measures 2014

Measure 1

"Constitutional Measure No. 1
(Senate Concurrent Resolution No. 4009, 2013 Session Laws, Ch. 519)
This constitutional measure would create and enact a new section to Article I of the North Dakota Constitution stating, “The inalienable right to life of every human being at any stage of development must be recognized and protected.”

My verdict

No. No. No.
This is a horribly written, appalling idea.
1.     If enacted, we would not have had our daughter, it would have stopped the joy of life, not protected it.  An ectopic pregnancy when we were trying to conceive would have had to run its course, which would have ruptured my wife’s fallopian tubes stopping future conception, the fetus would never have been viable, and eventually my wife’s life could have been in danger.
2.    It would outlaw the use of IUD’s which are highly effective birth control which may stop foolish teenagers from life altering poor choices.
3.    There’s a very fine line between a fertilized egg being a stage of human development, but an unfertilized one not being considered a stage. The way I read this, menstruation could be illegal, if someone wanted to read it that way, and once enacted as law you can’t stop someone reading it that way if they want. This would also apply to masturbation.
4.    It’s an attack on Women’s right to self-determination, with no provision to support the decision they would find themselves forced into.  We would not even be having this discussion of it were an attack on men.

Measure 2

"Constitutional Measure No. 2
(House Concurrent Resolution No. 3006, 2013 Session Laws, Ch. 520)
This constitutional measure would create and enact a new section to Article X of the North Dakota Constitution stating, “The state and any county, township, city, or any other political subdivision of the state may not impose any mortgage taxes or any sales or transfer taxes on the mortgage or transfer of real property.”

My Verdict

No.
1.    It’s unnecessary, there are currently no laws in any county or township that enact such a tax.
2.    If we were to ever successfully remove property tax, then we would replace it with sales tax, this measure would exempt the sale of real estate from that future positive change.

Measure 3

"Constitutional Measure No. 3
(House Concurrent Resolution No. 3047, 2013 Session Laws, Ch. 521)
This constitutional measure would create and enact a new section to Article VIII of the North Dakota Constitution creating a three-member commission of higher education, effective July 1, 2015, with full executive responsibility for the management and operation of the North Dakota university system. The measure would repeal Section 6 of Article VIII of the Constitution relating to the current eight-member state board of higher education. Members of the new commission would be appointed by the Governor to four year terms from a list of nominees provided by a special committee, and would be subject to confirmation by the Senate. One of the commissioners must possess leadership experience in a private sector business, industry, or service and one member, at the time of appointment, must hold a professional position within the higher education sector. The commissioners could be reappointed to three consecutive terms."

My Verdict

No.
At least not yet.  Generally a good idea, not well implemented here potentially creates more problems than it attempts to solve, at the expense of students and the state coffers.

Measure 4

"Constitutional Measure No. 4
(House Concurrent Resolution No. 3011, 2013 Session Laws, Ch. 522))
This constitutional measure would amend and reenact section 2 of Article III of the North Dakota Constitution. This measure would require that initiated measures that are estimated to have a significant fiscal impact must be placed on the general election ballot. The measure would also prohibit the approval for circulation of any petition to initiate a constitutional amendment that would make a direct appropriation of public funds for a specific purpose or require the legislative assembly to appropriate funds for a specific purpose."

My Verdict

No.
The legislature doesn’t get to decide what we put forward. They are not some elite who decide what We The People should be allowed to bring to the vote.

Measure 5

"Initiated Constitutional Measure No. 5
This initiated measure would add a new section to article X of the North Dakota Constitution creating the Clean Water, Wildlife, and Parks Trust (the “Trust”) and the Clean Water, Wildlife, and Parks Fund (the “Fund”) to be financed by five percent of the revenues from the State’s share of oil extraction taxes. Ten percent of that amount of annual revenues would be deposited in the Trust with the principal invested by the State Investment Board; the earnings from the Trust would be transferred to the Fund to be spent on programs after January 1, 2019. Ninety percent of the annual revenues would be deposited into the Fund to be used to make grants to public and private groups to aid water quality, natural flood control, fish and wildlife habitat, parks and outdoor recreation areas, access for hunting and fishing, the acquisition of land for parks, and outdoor education for children. The Fund would be governed by a Clean Water, Wildlife, and Parks Commission comprised of the governor, attorney general, and agriculture commissioner. A thirteen-member Citizen Accountability Board would be appointed for three-year terms to review grant applications and make recommendations to the Commission. Every twenty-five years, the people would vote on the question of whether to continue the financing from the oil extraction taxes."

My Verdict

Yes.
Because children.

Measure 6

Initiated Statutory Measure No. 6
This initiated measure would amend section 14-09-06.2 of the North Dakota Century Code to create a presumption that each parent is a fit parent and entitled to be awarded equal parental rights and responsibilities by a court unless there is clear and convincing evidence to the contrary; the measure would also provide a definition of equal parenting time.

My Verdict

No.
One size fits all is not going to fit the complexity of this issue.  Yes mistakes are made, and we have been on the wrong end of them, but parental rights and blanket statements do not need to come before and above the children’s needs and careful individual assessment.

Measure 7

Initiated Statutory Measure No. 7
This initiated measure would amend section 43-15-35 of the North Dakota Century Code. It would repeal the requirement that an applicant for a permit to operate a pharmacy must be a licensed pharmacist, a business entity controlled by licensed pharmacists, a hospital pharmacy, or a postgraduate medical residency program.

My Verdict

Yes.
Tough call her. Big box stores are the ones behind this, and have spent a million dollars promoting it.  Walmart, Walgreens, and KMart want us to pass it, and $4 generic prescription drugs do sound appealing. On the flip side, there’s no evidence that they actually reduce consumer costs. And the idea that it increases competition by letting bog box stores that crush multiple local providers in every market they enter, is clearly spin.
When it comes down to it though, I want the option that eliminates protectionist rules and allows the free market to operate.

Measure 8

Initiated Statutory Measure No. 8
This initiated measure would amend section 15.1-06-03 of the North Dakota Century Code to require school classes to begin after Labor Day.

My Verdict

No.
1.    It forces schools into a later start date, because they want “more of the best days of ND summer”, without setting a later end date.

2.    It assumes that local schools can’t make these decisions for themselves.  They can.

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