Legislative Issues Guide

By HPR Staff

Workplace Safety

Work-related deaths in North Dakota run, according to our most recent national reports, twice the national average. Our inspections of work sites is slow and our fines for violations of safety standards are so low that they are factored in as part of the cost of doing business. Workplace accidents are too often called accidents, when many know otherwise. Too many such deaths are truly results of negligence. Recently, there was yet another death at an oil rig. And it’s not like these are codgers keeling over from old age; it’s more often a 25-30 year old male who leaves behind a wife and two children. North Dakota needs to look at it’s WSW and OSHA enforcement actions, employer accountability policies and practices, and put teeth into workplace protection laws. We need to, but will we? That is the question to ponder. And if we don’t, why on earth would we not, or better said, whose interests are we really protecting?

Notice To Quit

We’re already a “Right to Work” state (read right to get fired at any time), why do we have to be a “Right to Abuse” state too? The legislators are going to consider if employers should be able to keep (more like steal) your paid time off if you don’t give them enough notice that you are leaving the job. North Dakota has already earned a bad reputation for having some of the most dangerous and worst paid jobs in the country. We are now in the running for top place for most people working more than one job. Now, we want to add this too?

David Hogue R-Minot, the primary sponsor of this bill, said lawmakers are trying to give workers an “incentive” to give proper notice to their employers. Someone needs to tell him the difference between incentive and extortion. An incentive would be jobs with higher wages, so people can earn a living wage; jobs with benefits so basic needs like healthcare don’t drain people’s earnings; jobs with safer and healthier working conditions so people have a higher quality of life.

Anti-bullying Legislation

At the moment, to our knowledge, three anti-bullying bills have surfaced in Bismarck. Truth be told it seems not a one will address the bullying-in-schools issue effectively or optimally. What we will see unfold is the epitome of Midwestern Nice whereby nobody has the courage or backbone to prevail upon the majority party the absolute need to present the strongest anti-bullying message conceivable to everyone in all of our school systems, students and staff, alike. Unless the legislation specifically enumerates protected classes, kids are at higher risk, plain and simple. Because elected leaders cannot shed their own prejudices, we can all rest assured that any legislation making its way through the Legislative Assembly in North Dakota this year will be generic, non-enumerated, and will in fact shortchange the kids in our schools of a sense of safety and acceptance. Given that North Dakota is one of a handful of states that has not yet enacted statewide anti-bullying laws, one would hope we’d glean the best from the best, and avoid pitfalls others have experienced. The best legislation spells out protected classes. Data supports that approach; less bullying with more specific anti-bullying policies. Anything less than a specific, enumerated anti-bullying law is a disservice to the youth in our schools and the onus of responsibility hereafter lies on shoulders of the decision-makers more than ever before. Do it once and do it right, otherwise don’t give us a feel-good, do-nothing bill, OK?

Immigration:

Last year Rep. Jim Kasper announced plans to introduce legislation similar to Arizona’s anti-immigrant bill. With the recent articles in national media, like the Village Voice, about the hate groups driving these legislative and policy initiatives, people are getting wise. Local groups rose up in protest to avoid having these types of divisive and racist bills surface. And it seems that no such bill has been introduced in North Dakota (or Minnesota for that matter). But, the damage of the hate speech disseminated by our own local legislator has created fertile ground for even more outrageous measures. Let’s not get comfortable yet. Our work is just beginning!

HPR has warned of federal programs, like Secure Communities and the Criminal Alien program, that are little more than thinly veiled (and federally funded) agendas to remove, detain and segregate people of color in the U.S. The Catholic church has come out strongly against U.S. Immigration polices and in defense of the human rights of people of color who are being profiled and dehumanized by these targeted government actions nationwide. But, the voices of people at the local level are what will change hearts and minds.

Anti-SLAPP legislation

Not unlike the bullying issue, North Dakota also has virtually nothing on the books that protects free speech of the people when it comes to lawsuits that effectively squelch public participation. We saw Cass County sue private citizens for actions protected under the First Amendment, right to speech, as well as right to redress government action via the courts. Eventually, when it is all said and done, North Dakota will join the ranks of enacting laws that punish instances of SLAPP lawsuits (strategic lawsuits against public participation) when the voice of the people is marginalized and at risk. Minnesota has an ideal anti-SLAPP law, if we want, let’s ask our neighbors to the east how it should or could look on the books. But that’s a people issue, we’ll see how people issues do in this GOP dominated Legislature.

SIOUX logo legislation

Any attempt to legislate the name Fighting Sioux into law is about as stupid as stupid can be, but white people are always right, aren’t they? Seriously, North Dakota continues to muff this situation time after time and all we end up doing essentially is driving a wedge deeper between our indigenous Native Americans, and the bullying-prone white majority. Way too little, way too late. And the wrong tact.

Legal Newspaper Elections

A couple word edits to state law would allow the High Plains Reader, for example, to run for official county newspaper. Outdated laws require newspapers wanting to run for legal newspaper to carry a second class permit, mandating regulation by the post office. HPR does not utilize the post office but instead gives most its papers away for free. Even though HPR is the fifth highest circulated newsweekly in North Dakota, we are looking for legislators to have to courage to stand up to the establishment and suggest this very minor edit to current law. Let the people speak. Let the people vote for HPR if they want, and god forbid, should HPR ever win over the state’s largest and most influential daily, let HPR publish the legal notices and distribute that information to the public for free. Obviously, we are not holding our breath on this issue either, but neither will we pretend that avoidance is the best tact, the one for the people, the one for open and fair competition.

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