Tina Sablan | CNMI House of Representatives, Precinct 1, Independent
Commonwealth Dialogues
Posted on 15-06-2009
This is to announce the following meetings this week:
House Ways & Means Budget Hearings at the House Chamber – Northern Marianas College today, June 15 starting at 9am; Judiciary on June 16, starting at 1:30pm; and Public School System on Wednesday, June 17, starting at 9:30am.
Presentation on the U.S. Dept of Labor Registered Apprenticeship and School to Apprenticeship Program – today, Monday, June 15, 2009 @ 1:30pm in the House Chamber with Mr. Alfred Valles, State Director for Hawaii’s Office of Apprenticeship, U.S. Dept of Labor, accompanied by Ms. Edith Deleon Guerrero, Executive Director for the Workforce Investment Agency.
House Health, Education & Welfare Committee Meeting – with SHEFA Board members on Tuesday, June 16, @ 9am in the Speaker’s Conference Rom.
Registered Apprenticeship Action Clinic — Wednesday, June 17, frm 8:30am to 5:30pm at Hibiscus Hall, Fiesta Resort. For more information, contact the Workforce Investment Agency at 664-1708.
This is to announce that there will be a House session on Thursday, June 4, 2009 @ 9:30am in the House Chamber.
The draft agenda is attached.
Thanks very much and have a good day,
Posted on 29-05-2009
Filed Under (Public Notice) by admin
This is to announce the following meetings next week:
1) Follow-up Briefing with CUC on Stipulated Order for Water & Wastewater — on Monday, June 1, 2009 @ 10am in the Senate Chamber with Mr. Tony Muna, Executive Director for CUC, and Mr. Bruce Megarr, CUC Deputy Director. This presentation will be a follow-up to the one that was delivered to the Legislature on February 17, 2009. Since then the Stipulated Orders have been formally entered by the federal court and the clock has begun ticking for CUC to come into compliance with the Safe Drinking Water Act and the Clean Water Act, with deadlines for certain deliverables. The next deadline is June 11, 2009. The memo issued today is attached in this email.
2) House Committee on Judiciary & Governmental Operations meeting with representatives from various banks — on Monday, June 1, 2009 @ 9am in the House Chamber to review proposed new rules to be added to the Commonwealth Rules of Civil Procedure, with respect to mortgage foreclosure proceedings. The Judicial Branch Communication (16-16) is attached in this email.
3) JGO Public Hearing on House Local Bill 16-26, to regulate mixed martial arts on Saipan – Wednesday, June 3 @ 9am in the House Chamber. Witnesses have been requested to appear before the committee, including representatives from Trench Tech, Gorilla Warfare, the Dept of Public Health, the Dept of Public Safety, the Saipan Mayor's Office, and the Dept of Community and Cultural Affairs. The committee is also accepting written or oral testimonies from the public.
4) Court hearing on June 4, 2009 on the Open Government Act petition for mandamus re funding sources and expenditures for the Governor's 903 lawsuit – Thursday, June 4, @ 1:30pm before Judge Wiseman in Courtroom 223A. Judge Wiseman's order of May 15th is attached in this email, as is the government's response of May 28, 2009.
Download now or preview on posterous
21743164_CA-09_0066_OrderAfterHearing.(NMI.Super.Ct.15May09)[1].pdf (46 KB)
Posted on 29-05-2009
Filed Under (Public Notice) by admin
Here are the highlights from the House sessions held on May 8, 12, and 19:
BILLS INTRODUCED ON THE FLOOR (NOT ON AGENDA)
- HB 16-244 — to require all taxicabs operating in the CNMI to be uniformly colored "Safety Yellow." (Rep. Rosemond Santos)
- HB 16-245 – To replace the subsistence allowance established for the Legislative Branch with the standard government travel processing and rates and to lower the housing allowance established for the Legislative Branch; and for other purposes. (Rep. Rosemond Santos)
- HB 16-246 – to authorize the governor to transfer $3,350,000 for the Non-General Revenue Resources for FY 2010 for the Northern Marianas Trades Institute ($300,000); Karidat ($50,000); and deficient employer contributions to the Northern Marianas Retirement Fund ($3,000,000) (Introduced by Rep. Justo Quitugua +1)
- HB 16-247 – to amend Public Law 16-39 to clarify that funds allotted from the Tobacco Control Fund shall be continuously appropriated prospectively and proportionately, provided further that appropriations under PL 15-109 shall not be affected and shall remain intact. (Introduced by Rep. Joseph Deleon Guerrero) PASSED IN THE HOUSE (see below)
- HB 16-248 — to repeal and reenact 4 CMC Section 1301(a) to exempt businesses with an annual total gross revenue of less than $50K from paying gross revenue tax, with additional adjustments to the tax schedule for businesses grossing more than $50,000 (Rep. Joe Reyes)
- HLB 16-35 — to appropriate $3,650,000 from the revenues collected pursuant to Saipan Local Law 11-2 as amended for FY 2010, including $3M for the Saipan Higher Education Financial Assistance Program; $100K for SHEFA operations; $50K for the CNMI Little League; $25K for the Fishing Derby; $75K for the Saipan Zoning Office; $15K for the Agricultural Fair; $100K for the Northern Mariana Islands Trades Institute; and $285K for road paving in Kagman (Rep. Justo Quitugua +1)
SENATE AMENDMENTS ON HB 16-47, HD2 (SMOKE-FREE AIR ACT OF 2008) REJECTED — HOUSE MOVES FOR CONFERENCE COMMITTEE
The Senate amended HB 16-47, HD2 to prohibit smoking in outdoor areas within 15 feet of any doorway entrance or exit to a government facility and within 15 feet of any person who is not smoking if the place or site of work is an outdoor area; to mandate that employers, employees, or any person acting on behalf of an employer shall have a duty to report violations to the Dept of Public Health; and to allow businesses to apply for a partial exemption or full exemption for an annual fee of $2,000 or $10,000, respectively.
Most of the House members' objections to the Senate amendments centered on the exemptions, which many of us felt would defeat the purpose of the bill. The purpose of the bill, most of us agreed, was to enact a smoke-free policy in public places in order to promote public health, not to generate revenue for the government through additional fees. According to Health, Education, and Welfare Committee Chair Rep. Ralph Torres, there was strong public sentiment against the exemptions as well: his office had received dozens of letters from concerned citizens in recent weeks, all urging for the removal of the exemptions. Fifteen House members, myself included, voted to reject the Senate amendments and move for a conference committee. Reps. Dave Apatang, Stanley Torres, Vic Hocog, and Ed Salas were absent. Rep. Joe Reyes abstained. The Speaker appointed Reps. Ralph Torres, Joe Reyes, and Justo Quitugua to be the House conferees.
SENATE AMENDMENTS ON HB 16-179, HD1 (AMENDING THE PROBATION REFORM ACT) REJECTED — HOUSE MOVES FOR CONFERENCE COMMITTEE
House Bill 16-179, HD1 proposed to amend and repeal certain sections of Public Law 15-46, the Probation Reform Act, in order to clarify certain provisions that were duplicative and confusing. The Senate added a rider to amend the Weapons Control Act, proposing to add a late renewal fee to the list of of fees for firearms licenses and identification cards. Rep. Rosemond Santos, the author of the bill, objected to the amendment because it had little connection to the content of the original bill, and moved to reject the Senate amendment and initiate a conference committee. The members agreed, and the Speaker appointed Representatives Rosemond Santos, Joseph Reyes, and Diego Benavente to be the conferees for the House.
BILLS PASSED
1) HB 16-243 — to amend Public Law 16-32 (FY 2009 budget) to reprogram $206,394 from the Marianas Visitors Authority's non-personnel appropriation to its personnel appropriation, provided that none of the funds reprogrammed shall be used to hire new personnel or increase the compensation of existing personnel. According to MVA Managing Director Perry Tenorio, the Legislature had increased MVA's operations budget by approximately $1.4M, and the requested reprogramming amount would help retain existing personnel for the remainder of the fiscal year without adversely affecting MVA operations. Introduced by Rep. Ray Yumul, at the request of the Marianas Visitors Authority Managing Director Mr. Perry Tenorio, this bill passed with all 17 members present voting yes. Reps. Justo Quitugua, Ray Palacios, and Ed Salas were absent.
2) HB 16-247 — to amend Public Law 16-39 to clarify that monies deposited in to the Tobacco Control Fund shall be continuously appropriated prospectively and proportionately, provided further that the appropriations under PL 15-109 (the Teacher Education Scholarship and the Medical Professional Scholarship) shall not be affected and shall remain intact. The Governor had signed the bill into law with reservations, noting that the bill had been given to him six months into FY 2009 and that moneys previously appropriated under Public Laws 14-80, 15-65, and 15-109 had already been allotted for the first two quarters of the fiscal year, and urging that the the Legislature should immediately pass amendments that would clarify PL 16-39 as described above.
Members requested that an audit of the Tobacco Control Fund be conducted, since there was much confusion about how much funding is actually available, and what programs appropriated for under Public Laws 14-80, 15-65, and 15-109 were affected by PL 16-39. Rep. Ray Yumul agreed to undertake such an investigation; Senator Pangelinan, the chair of the Senate Fiscal Affairs Committee, has also formally requested the Public Auditor's assistance in auditing this fund.
3) HB 16-240 — to amend the Alcoholic Beverage Control Act to reduce bureaucratic burdens imposed on licensees conducting sampling of alcoholic beverages. This bill had been recalled from the Commerce & Tourism Committee at the request of Rep. Stanley Torres, the author of the bill, who insisted that the bill was simple, straightforward, helpful to businesses, and should be passed right away. The bill had been introduced on April 16, 2009, and had subsequently been referred to the committee, but then recalled for action on May 12, 2009. I informed the members that the committee had sent out requests for comments on the bill to the business community, and had asked that comments be submitted by May15, 2009; I also said that I was aware that comments had been received thus far, and there might still be more in the next few days. Rep. Heinz Hofschneider, who supported the intent of the bill, then recommended that the members should defer action for at least three more days, out of respect to the stakeholders who had been asked to comment on the bill. For some reason however, the majority of the members did not want to wait at all, regardless of how much of an act of bad faith it would be against the constituents who had been asked for comments. A few members actually said that any comments received could be forwarded to the Senate for their consideration.
In the end, the bill passed, with only Reps. Edwin Aldan and Heinz Hofschneider voting no. I abstained due to a possible conflict of interest or appearance of impropriety. Reps. Justo Quitugua, Joseph Reyes, Ed Salas, and Vic Hocog were absent.
4) HB 16-242, HD1 – Introduced by Rep. Rosemond Santos, this bill proposes to transfer the functions of the Office of Victims' Rights from the Criminal Justice Planning Agency to the Office of the Attorney General. According to Chief Prosecutor Kevin Lynch, who came to the Legislature to testify in support of this bill, the Office of the Attorney General is the most appropriate agency to provide assistance and support services to victims, and indeed is already providing such services. Placing victim support services within the Office of the Attorney General is a standard practice in most jurisdictions, is already a matter of practice in the CNMI, and would make it easier for the agency to apply for federal grants if the transfer was made officially by law.
All 17 members present voted yes to this bill, myself included; Reps. Justo Quitugua, Joe Reyes, and Ed Salas were absent.
5) HB 16-227 — Introduced by Rep. Vic Hocog, this bill would create an Office of Grants Management for the purpose of facilitating the establishment of a database of federal grants currently received, research of all federal grants the CNMI is eligible to receive, development of grant applications, and development of training programs for government staff in grant writing, grant management, and compliance with federal regulations and requirements. According to the committee report, SCR 16-88, the CNMI ranks among the lowest in direct federal expenditures when compared to other territories, and the creation of a centralized office for grants management and assistance would help to maximize the CNMI's ability to take advantage of federal grants for which we would be eligible.
All 17 members present voted yes to this bill, myself included. Reps. Justo Quitugua, Joseph Reyes, and Ed Salas were absent.
6) HB 16-241 – Introduced by Rep. Ray Yumul, this bill would clarify the specific sources of funds that are to be used for the transfers of qualified operational expenses of the Dept of Public Health which were authorized under Public Law 16-32 (FY 2009 budget). Certain active revolving accounts, the Tobacco Control Fund Collections, the Tobacco Settlement Fund Collections, and the Solid Waste Revolving Fund, and their projected available balances for FY 2009, were identified as sources of funds to be used for these Dept of Public Health expenses; however, $400,000 was also set aside to fund the Division of Immigration through to September 30, 2009.
All 18 members present voted yes to this bill, myself included; Reps. Vic Hocog and Ed Salas were absent.
ACTION DEFERRED ON SB 16-51, SD1 — To clarify that an individual may not serve in the capacity of Acting Attorney General for more than 30 days without a nomination, nor more than 90 days without confirmation.
Many of the members, myself included, were generally in favor of this bill, which aims to close a loophole that has allowed the current governor (and past governors) to avoid the Senate confirmation process for the position of the Attorney General, in circumvention of the Constitution and the law.
Passage of the bill was delayed, however, by concerns raised by Rep. Oscar Babauta about two provisions that he believed would create confusion: one section declared that actions taken by an individual acting as Attorney General in violation of the law (i.e., after 90 days without a Senate confirmation) would be null and avoid, and another which declared that the duties and functions of the Office of the Attorney General as set forth in the Constitution and in the law shall not be impaired and all actions by the Office of the Attorney General shall be valid and enforceable. Our legal counsel explained that the first section pertained only to contracts, purchase orders, and timesheets – that is, exercises of expenditure authority taken by an individual acting as Attorney General in violation of the law. The second section pertained to criminal prosections and legal representation of the Commonwealth – such would be considered valid actions of the Office of the Attorney General, regardless of the confirmation status of the person acting as Attorney General.
The members generally agreed that these two sections required further clarification, however, and decided to defer action. The Speaker the appointed Reps. Joe Camacho and Rosemond Santos to work with the House legal counsel on clarifying that bill.
HB 16-236 REFERRED BACK TO JGO COMMITTEE –To establish a criminal penalty for the Secretary of Finance and expenditure authorities of autonomous agencies for failure to remit to the Retirement Fund
Introduced by Rep. Ray Yumul, this bill proposes to amend 1 CMC Section 8362 to add a criminal penalty that would apply to the Secretary of Finance and the expenditure authority of each autonomous agency who fails to remit the required employer's contribution to the Retirement Fund. The bill would also require that employees should be notified in writing of the balance of their unpaid employer contributions, if any, each quarter, and that employees shall have a cause of action against the Secretary of Finance or the expenditure authorities of autonomous agencies for failure to remit employer contributions.
Members who had reservations about the bill said that the Secretary of Finance and expenditure authorities of autonomous agencies should not be the only persons to hold responsible for the dire state of the Retirement Fund. Rep. Diego Benavente said the Legislature was also to blame, and Rep. Oscar Babauta said that the Fund trustees should also be held liable for poor investment choices that resulted in huge losses to the Fund. Speaker Arnold Palacios and Vice Speaker Joe Deleon Guerrero both pointed out, however, that for FY 2009 the Legislature had actually budgeted for an employer contribution rate of 11% and that someone should be held liable for the failure to remit even the budgeted amount? Rep. Justo Quitugua said he would support the bill only if it added a criminal penalty that would apply to legislators too, and Floor Leader Joe Camacho then offered an amendment to waive legislative immunity for the Legislature's failure to fully fund the Retirement Fund. The Floor Leader's proposed amendment struck me as a bit odd, particularly since it was coming from an attorney, and I agreed with the Speaker's remarks that the 16th Legislature probably couldn't waive a constitutional protection by statute, and have that waiver actually mean anything for past or future Legislatures.
Rep. Rosemond Santos then pointed out that the bill had been recalled and placed on the bill calendar only one week after it had been referred to her committee, and she appealed to the members to allow her committee to do its work. The members agreed, and the bill was sent back to her committee for review.
ACTION ON STANDING COMMITTEE REPORTS
1) SCR 16-85, recommending the filing of House Resolution 16-42 — ADOPTED. Introduced by Rep. Stanley Torres, this resolution expressed concerns about the economic impact of U.S. Public Law 110-229, recognized the Governor's statement on June 24, 2008, and expressed support for the Governor's action to seek further legal advice before initiating any litigation challenging the Act in federal courts. The Committee on Federal and Foreign Relations deemed the resolution no longer relevant since the Governor has obviously already filed his lawsuit.
2) SCR 16-86, recommending the filing of HB 16-127 — ADOPTED. Introduced by Reps. Oscar Babauta and Ray Palacios, this bill proposed to amend 2 CMC Section 4324(c) to allow the Dept of Public Lands to review claims that may be qualified under 2 CMC Section 4323 on their merits by removing the time limitation provision established under 2 CMC Section 4324 (c). The Natural Resources Committee recommended filing the bill, because it had opted instead to incorporate that provision into a related homestead bil, House Bill 16-146.
3) SCR 16-87, recommending the filing of SB 16-42 – FAILED TO PASS. Introduced by Sen. Jude Hofschneider, SB 16-42 proposes to amend Public Law 15-2 to reinstate the board of directors to oversee the Department of Public Lands,while keeping the Department within the Executive Branch. The report submitted by the Natural Resources Committee recommended filing the bill, stating that a board for the Department of Public Lands should not be created while the Department is not autonomous, and that the language of the bill contained too many openhanded provisions (i.e., pertaining to compensation, travel costs, and per diem) and recalled the egregious abuses committed by the Marianas Public Lands Authority.
Some members, myself included, felt that it was premature to kill the bill, and that the proposal to reinstate a board of directors had merit, especially in light of our experiences with the current organizational structure of the Department of Public Lands which has given one person – the Secretary of Public Lands, a political appointee — significant power over the disposition and management of all of the Commonwealth's public lands. The Department of Public Lands, it was pointed out, has also come under fire for alleged abuses and is not more accountable nor more transparent than its predecessor. While I did not agree with the particular language of the bill, which was essentially the same language as the old law and did indeed leave too much room for abuse, I argued that that language could be strengthened to establish clearer guidelines, and that qualifications and duties of the board could be fleshed out more, similar to what was done in House Bill 16-9, CS1, the Healthcare Corporation Act, in order to help prevent the reinstatement of a board that would be overly politicized and overly involved in the day-to-day management of public lands. Vice Speaker Deleon Guerrero called for a comprehensive review of public lands management and policy; I agreed with his recommendation, and further recommended that there should be a public hearing on the bill.
In the end, the members who voted to adopt the report and file the bill were Reps. Ray Tebuteb, Stanley Torres, Oscar Babauta, Dave Apatang, Joseph Deleon Guerrero, Edwin Aldan, and Frank Dela Cruz. The members who voted against adopting the report and against filing the bill were Reps. Arnold Palacios, Diego Benavente, Joe Camacho, Vic Hocog, Heinz Hofschneider, Joe Reyes, Ralph Torres, and myself. Five members were absent: Reps. Ray Palacios, Rosemond Santos, Justo Quitigua, Ray Yumul, and Ed Salas.
4) SCR 16-89, recommending the passage of a substitute bill for SB 16-45 — ACTION DEFERRED. The Senate bill proposed to amend 4 CMC Section 5941(a) to abolish the security deposit requirement for long term business certificate applicants, finding that foreign investors who are subject to the requirement are unable to comply because of the unavailability of U.S. Treasury listed surety bonds in the Commonwealth (current law requires that security deposits be in the form of a bond issued by a U.S. Treasury listed surety company that is licensed to transact business in the Commonwealth and approved by the Insurance Commissioner). The House Committee on Commerce & Tourism recommended a substitute bill that would instead continue to require surety bonds, but allow surety companies to be U.S. Treasury listed, or simply "acceptable by the Commonwalth Insurance Commissioner."
I had not signed the committee report primarily because we had not given the Dept of Commerce or the insurance community the opportunity to review the substitute bill. The Dept of Commerce eventually did submit comments on the substitute bill, and they were generally not in favor of the House committee's recommendations because: 1) new regulations to define what would be "acceptable by the Commonwealth Insurance Commissioner" would take some time to develop and promulgate; 2) by the time these new regulations would be finalized, they might be rendered moot by the new federal immigration regulations that would take effect in November this year; and 3) most foreign investors in the CNMI are not presently subject to this security deposit requirement because they are short-term business permit holders, not long-term, and so even the new requirements, which are intended to reduce the CNMI's potential liabilities, would cover only a fraction of foreign investors. If the Legislature maintained that a security deposit was required, the Dept of Commerce suggested that a cash deposit should be considered instead of a bond, although they added that this requirement might be difficult for current long-term business certificate holders to meet as well.
5) SCR 16-90, recommending passage of HB 16-241, HS1 — ADOPTED. Introduced by Rep. Ray Yumul, HB 16-241, HS1 proposes to amend Public Law 16-32 (FY 2009 budget) to clarify which outside general fund sources the Department of Public Health qualified operational expenses are to be transferred to, and also to set aside funds to allow the Division of Immigration to operate through to September 30, 2009.
RESOLUTIONS ADOPTED
1) HR 16-81 — to request the Dept of Public Works to draft and adopt a Right of Way Manual establishing uniform standard guidelines and procedures for acquiring private property for public highways in the Commonwealth. (Rep. Vic Hocog)
2) HR 16-88 — Conveying the sincere condolences and sympathy of the House of Representatives to the bereaved family of the late Honorable Howard I. Macaranas on the occasion of his untimely passing and to pay fond tribute to his memory. (Rep. Edwin Aldan)
3) HR 16-89 — To commend and congratulate the Saipan Souther High School Manta Ray Band on their many achievements and outstanding performance at the 2009 Tumon Bay Music Festival. (Rep. Ralph Torres)
***
For comments or questions, pls contact me at 664-8931 or 285-3935, or by email at tinasablan@gmail.com .
Posted on 19-05-2009
Filed Under (Public Notice) by admin
Correction: the SNILD Session is scheduled for Thursday, May 21 @ 9:30am in the House Chamber, NOT tomorrow, May 20 as previously announced.
My apologies for the error.
Posted via email from Tina Sablan
Posted on 19-05-2009
Filed Under (Public Notice) by admin
This is to announce the following:
1) Hearing on U.S. Public Law 110-229 — the House Natural Resources Committee, Subcommittee on Insular Affairs, Oceans and Wildlife, led by Del. Madeleine Z. Bordallo (D-GU), will be holding an oversight hearing on the "Implementation of Public Law 110-229 to the Commonwealth of the Northern Mariana Islands and Guam” on Tuesday, May 19, 2009 at 10:00am EST (Midnight, May 20, 2009 CNMI time). The hearing will be webcast live at: http://resourcescommittee.house.gov . The announcement can be found at: http://resourcescommittee.house.gov/index.php?option=com_jcalpro&Itemid=27&extmode=view&extid=243 Written testimonies will be accepted for ten days after the hearing.
2) SNILD Session – the Saipan & Northern Islands Legislative Delegation will be having a session tomorrow, May 20, 2009 at 9:30am in the House Chamber. No agenda is available yet.
Posted via email from Tina Sablan
Here are the Proposed Changes to the Labor Regulations which were transmitted by Ms. Cinta Kaipat via email.
Posted via email from Tina Sablan
Posted on 19-05-2009
Filed Under (Public Notice) by admin
Message From Congressman Sablan's Office:
The House Natural Resources Committee, Subcommittee on Insular Affairs, Oceans and Wildlife, led by Del. Madeleine Z. Bordallo (D-GU), will be holding an oversight hearing on the "Implementation of Public Law 110-229 to the Commonwealth of the Northern Mariana Islands and Guam” on Tuesday, May 19, 2009 at 10:00am EST.
The hearing will be webcast live at
http://resourcescommittee.house.gov
The announcement can be found at
http://resourcescommittee.house.gov/index.php?option=com_jcalpro&Itemid=27&extmode=view&extid=243
Sincerely,
Kilili
Posted via email from Tina Sablan
The House will be having a session tomorrow, May 19, 2009 @ 9:30am in the House Chamber.
The draft agenda is attached.
Posted via email from Tina Sablan
Posted on 19-05-2009
Filed Under (Public Notice) by admin
The following events are scheduled for tomorrow, May 18, 2009:
1) House Natural Resources Committee Hearing on Marpi Homestead Project at 9:30am in the House Chamber – Officials from all agencies involved in the Marpi project (i.e., Dept of Public Lands, Coastal Resources Management, and the Division of Environmental Quality) have been requested to appear.
2) Senate Session at 10am in the Senate Chamber — the draft agenda is attached.
3) Peaceful assembly for a pathway to legal permanent status for long-term guest workers in the CNMI – in front of TSL Plaza, starts at 7am, and will continue until May 19, 2009. All are welcome to participate.
**
Update on the Open Government Act petition for mandamus:
Attached in this email are: 1) Judge Wiseman's order after the status conference held on Thursday, May 14; and 2) Acting Attorney General Greg Baka's statement clarifying the government account number used to fund the Governor's federalization lawsuit.
Download now or preview on posterous
21743164_CA-09_0066_OrderAfterHearing.(NMI.Super.Ct.15May09)[1].pdf (46 KB)
Posted via email from Tina Sablan
Posted on 14-05-2009
Filed Under (Public Notice) by admin
This is to announce that there will be a legislative briefing with CUC today, May 14, 2009 at 9am in the House Chamber. The purpose of the briefing is to receive updates on the federal stipulated orders on water, wastewater, and used oil, as well as on the Preferred Stock Memorandum of Agreement recently effectuated between CUC and the Commonwealth Development Authority The MOA is attached in this email.
Also, there will be a status conference on the Open Government Act lawsuit today, May 14, at 1:30pm in Courtroom 223A before Judge Wiseman. The order, and Acting Attorney General Greg Baka's statement, are attached in this email.
Download now or preview on posterous
Preferred_Stock_Agreement_Between_CUC_&_CDA.050709[1].pdf (670 KB)
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09_0066_(ChristinaSablan_v_BenignoRFitialEtAl)_OrderSetSTC[1].pdf (45 KB)
Posted via email from Tina Sablan
The House will be resuming its session tomorrow, May 12, 2009 @ 9am in the House Chamber. The draft agenda is attached.
Posted via email from Tina Sablan
Posted on 06-05-2009
Filed Under (Public Notice) by admin
Some announcements/observations this week:
1) Senate Session/Confirmation Hearing – tomorrow, Friday, May 1 @ 9am in the Senate Chamber . The draft agenda is attached. Tomorrow's session will include the confirmation hearing for Mr. Eloy Inos, former Secretary of Finance, and newly appointed Lieutenant Governor. Members of the community are encouraged to submit oral or written testimony.
2) Call for Public Comments on Amendments to HB 16-47, Smoke Free Air Act — A coalition of public health advocacy groups led by Mr. George Cruz (george_c@marianashealth.com ), including the Substance Abuse Prevention Coalition, the Commonwealth Diabetes Coalition, Ayuda Network, Inc., Commonwealth Cancer Association and their partners, has launched a campaign urging concerned citizens to weigh in on the Smoke Free Air Act, HB 16-47 HD2, SD1 (attached in this email). The bill was passed in the House, amended in the Senate, and then returned to the House for action.
Senate amendments to the bill include:
- Page 9, Sub-Section 3174 - reducing the minimum distance from a ventilated area (i.e., a window, door, or vent) from 25 feet to 15 feet)
- Page 11 - creating a "Partial Exemption" to allow establishments to designate 10% of their indoor areas as a "Smoking Area" for a $2,000 Partial Exemption Fee
- Page 12 - creating a "Full Exemption" for establishments to be 100% Smoking Allowed, for an annual $10,000 Full Exemption Fee
Comments may be submitted to Representative Ralph Torres, Chair of the House Committee on Health, Education & Welfare by email at saipan_pride@yahoo.com or rep.torresr@cnmileg.gov.mp or by fax to 664-8926 and to Senator Joseph Mendiola, Chair of the Senate Committee on Health & Welfare by email at senatormendiola@yahoo.com or by fax to 664-8876.
3) May Day Rally — tomorrow, May 1 @ 6pm, Fishing Base. The purpose of the gathering is to call for the protection of long-term workers, Immediate Relatives (IRs), CNMI permanent residents, and their families during the federalization transition period, and improved immigration status in the long run. All are welcome to participate.
4) Privilege log in Open Government Act lawsuit filed in Superior Court on April 24, 2009 – The privilege log and attachment are included in this email.
And finally:
5) Kudos to all who helped bring the Villagomez and Santos case to justice, and especially the whistleblowers, investigators, auditors, prosecutors, witnesses, jurors, and judge. We owe these outstanding citizens and public servants a debt of gratitude for the role they played in restoring our confidence in the rule of law, and reinvigorating our commitment to honest government in the commonwealth. May we all find the courage and conscience to stand up for good governance and speak out against public corruption wherever and whenever we see it.
Posted via email from Tina Sablan
Posted on 06-05-2009
Filed Under (Public Notice) by admin
This is to announce the following meetings at the Legislature:
1) House Commerce & Tourism Committee Meeting — tomorrow, Thursday, May 7 @ 2pm in the Speaker's Conference Room. No agenda is available yet.
2) House session – Friday, May 8, 2009 @ 9:30am in the House Chamber. The draft agenda is attached.
3) Public Hearing on two natural resource bills, Senate Bill 16-53 & 16-32 – May 13 @ 6pm in the Superior Court in San Jose, Tinian. The hearing is being conducted by the Senate Committee on Resources, Economic Development & Programs. Senate Bill 16-53 proposes to amend PL 15-90 relating to boundaries, mooring installation, and fishing practices of the marine reserve area in Tinian. Senate Bill 16-32 proposes to establish the Northern Islands Commonwealth Conservation area.
Tinian Mayor Jose San Nicolas, Tinian Municipal Council Chair Antonio Borja, Secretary of Lands & Natural Resources Dr. Ignacio Dela Cruz, DLNR Resident Director on Tinian Joseph Lizama, and Division of Fish and Wildlife Director Sylvan Igisomar have all been summoned as witnesses. For more information, contact Sen. Jude Hofschneider, Chair of the Committee, at 664-8922 or email senatorjuhofschneider@yahoo.com .
Posted via email from Tina Sablan
Posted on 21-04-2009
Filed Under (Public Notice) by admin
This is to announce that the Kagman Komunidat Association is hosting a CNMI Sunset Meeting tomorrow, Wednesday, April 22, 2009 at the Kagman Community Center starting @ 7pm.
Like numerous other CNMI sunrise and sunset meetings held recently throughout the community, the purpose of the Kagman Sunset Meeting is to bring together concerned CNMI residents to help develop a long-term vision for the community, identify promising and viable candidates for public office who share that vision, and begin mobilizing the resources and support that will be needed to bring about honest, open, and responsive government that serves the best interests and highest aspirations of all the people of the Commonwealth.
The upcoming Kagman sunset meeting will be guided by seven questions covering what the role of government should be, the most important opportunities and challenges facing the CNMI, priority government reforms, the most effective ways for concerned citizens to organize, what life in the CNMI should be like 10 years from today, and the names of potential candidates. Other topics and questions may also be considered at this gathering.
The Kagman Sunset Meeting is open to the public. All are welcome to join the conversation, and those who cannot stay for the entire hour are also welcome to submit their written responses to the survey (attached in this email). Responses from all the sunrise and sunset meetings will be compiled and presented at a public forum to be announced at a later time.
For more information about the Kagman Sunset Meeting, contact Jesse Torres at kagmankomunidatassociation@gmail.com or Tina Sablan at 285-3935 or tinasablan@gmail.com .
For general information about the CNMI sunrise/sunset meetings, or to find out how to host one of your own, contact Tina Sablan at 285-3935 or tinasablan@gmail.com .
"We will transmit this city, not only not less, but greater, better, and more beautiful than it was transmitted to us." – Athenian Oath of Citizenship
Posted via email from Tina Sablan
Posted on 17-04-2009
Filed Under (Public Notice) by admin
Here are the highlights from the House sessions on April 1 and April 14, 2009:
BILLS INTRODUCED ON THE FLOOR
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HB 16-236 – to amend 1 CMC Section 8362 by adding a criminal penalty that would apply to the Secretary of Finance and the heads of autonomous agencies and public corporations who fail to remit the employer's contribution to the Retirement Fund. (Rep. Ray Yumul)
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HB 16-237 – to amend Title 4 Division 1 Chapter 3 of the Commonwealth Code to provide tax relief for businesses that purchase local produce. (Reps Ralph Torres and Ray Palacios)
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HB 16-238 – to amend 4 CMC Section 50144 to increase fines to deter retailers from selling tobacco products to minors (Reps. Ralph Torres & Ray Palacios)
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HB 16-239 – to amend PL 16-32 Section 608, and PL 15-126 to require the Secretary of Finance to remit employer retirement contributions to the Retirement Fund or be held personally liable for amounts due, including interest on unremitted amounts at a rate of 33%. (Rep. Joseh Dlg)
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HB 16-240 — to amend the Alcoholic Beverage Control Act to decrease bureaucratic burdens on licensees conducting alcoholic beverage sampling (Rep. Stanley Torres)
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HLB 16-32 – to earmark $1.5M from the Developers Infrastructure Tax to be collected in FY 2010 for the Kagman III road paving and drainage construction (Rep. Rosemond Santos)
SB 16-52 PASSED IN THE HOUSE
This bill proposes to rename the Rota Veteran Memorial Park to "Corporal Joe G. Charfauros Jr. Rota Veteran Memorial Park. All members present voted yes. Reps. Heinz Hofschneider, Dave Apatang, and Ed Salas were absent. The bill now heads to the Governor.
VETO OVERRIDE ON HB 16-4, HD4 FAILS
Acting Governor Timothy Villagomez had vetoed House Bill 16-4, HD4, which would require that all public funds be deposited in FDIC-insured banks, claiming that this bill if enacted would have an adverse impact on the Retirement Fund and the Marianas Public Lands Trust. Although most members had questioned the legitimacy of this claim, Vice Speaker Joseph Deleon Guerrero, the author of the bill, gracefully agreed to seek further advice from both the Retirement Fund and MPLT. At the session on April 1 the Vice Speaker produced comments from both entities that denied that the proposal to safeguard public deposits in FDIC-insured banks would have any adverse impacts whatsoever. Indeed, both the Fund and MPLT said that the proposal only made good fiduciary sense, and so we took a vote on the motion to override.
The override ultimately failed with only 12 members voting yes, myself included. Reps. Heinz Hofschneider, Dave Apatang, and Ed Salas were absent; Reps. Oscar Babauta and Edwin Aldan voted no without saying why; and Floor Leader Joseph Camacho and Rep. Ray Yumul both abstained. The Floor Leader claimed that he wanted to "avoid any appearance of impropriety," but didn't explain what that meant, and Ways and Means Chair Rep. Yumul said that he believed he had a conflict due to his participation in the Retirement Fund Working Group, which is developing an omnibus bill to protect and strengthen the Fund. I asked Rep. Yumul what he meant by that, and Rep. Babauta answered for him, claiming to be the "advisor pro tem" for this Working Group, and saying that conflicts might arise if the Working Group was presently considering depositing any Retirement Fund moneys into non-FDIC insured banks. I expressed alarm at this suggestion, and asked if the Working Group was in fact considering such an idea given the state of the Fund, and Rep. Babauta quickly denied that they were, and then said again that they "might." I then requested a legal opinion as to whether or not a conflict of interest really existed, since the claimed reasons for abstentions made absolutely no sense to me, and the Speaker instructed the legal counsel to look into the matter.
After the session, some members said that they believed that the Acting Governor's veto was really a retaliatory reaction to another bill that had been introduced by the Vice Speaker (HB 16-167) which proposes to take away housing benefits for public officials (including the Governor and Lt. Governor) who opt not to live in government houses. Because the stated reasons for the veto and for abstaining on the vote seemed totally irrational, because the alleged "real" reason for the veto is so petty, and because there is really no good reason why public funds should not be deposited into FDIC-insured banks, it is my hope that we reconsider the veto override at the next session.
ACTION ON COMMITTEE REPORTS
1) SCR 16-78, recommending passage of HB 16-167, HD1 – HB 16-167 originally proposed to take away the housing benefit entirely for public officials who elect not to stay in public housing (the Governor, Lt. Governor, Senate President, and Speaker). After lengthy debate at a previous session, the bill was referred to the JGO Committee for further review. The JGO committee then amended the bill to provide for a monthly housing allowance of up to $500 to cover utilities for public officials who live in their private residences, arguing that these officials often entertain dignitaries at their homes and must cope with higher utility bills as a result. I noted that the language of both the committee report and the amended bill was unclear, and pointed out that the members all had different interpretations: some said that the bill would only cover utility expenses in their exact amounts with a cap set at $500, others said it would give public officials a flat monthly stipend that could be used to cover utilities as well as mortgage, rent, or other expenses as long as the funds didn't go to upgrades or renovations. The author of the bill, Vice Speaker Joseph Dlg, flatly objected to the amended bill, and said that it totally altered his original intent which was to take away the housing benefit altogether, not create a new benefit for elected officials. He called for the bill to be sent back to the committee, and the members agreed. REFERRED BACK TO JGO COMMITTEE.
2) SCR 16-80, recommending that the full membership fo the House should decide on HB 16-223 — Introduced by Rep. Vic Hocog, House Bill 16-223 proposes to implement austerity Fridays and unpaid legal holidays; to reduce the employers' contribution for the members of the Retirement Fund's Defined Benefit Plan from 18% to 11%; to provide full reprogramming authority to all expenditure authorities; and for other purposes. REFERRED BACK TO WAYS AND MEANS COMMITTEE.
During discussion of the report, Rep. Justo Quitugua and other members observed that most of the provisions of the bill were already moot, given the passage of the budget which already incorporated, for example the 11% retirement contribution, and which rendered unncessary the full reprogramming authority proposed for expenditure authorities. Members asked why the bill hadn't at least been amended to take out the provisions that were obviously obsolete, and Speaker Palacios commented that committee seemed to have relinquished its responsibilities to work on the bill and take some kind of position on it. I said the committee report also seemed to be lacking some critical information, including how much had actually been saved the last time the government had attempted austerity holidays, and also how much was projected to be saved if this bill were to be enacted. The report said that the Department of Finance had thus far failed to provide this information, but I noted that the Ways and Means committee had subpoena powers to obtain any information that it needed, and indeed the House members had all endorsed the committee's use of its powers at a previous session.
3) SCR 16-81, recommending the passage of HB 16-224 — This bill, introduced by Rep. Ray Tebuteb, proposes to vest the Department of Lands and Natural Resources with the management and disposition of a parcel of public land in Sadog Tasi for the development of a public park. ADOPTED — BILL PLACED ON CALENDAR FOR ACTION.
4) SCR 16-79, recommending the passage of HB 16-132, HD1 – Introduced by Rep. Joseph Reyes, this bill proposes to authorize the Marianas Visitors Authority to regulate tour operators and tour guides by amending 4 CMC Section 2103. MVA would be tasked with developing a certification program for tour businesses that would include training courses in the history, culture, scenic landmarks, and natural resources of the CNMI, and certification of proficiency in one of the official languages of the CNMI. MVA would also establish rules of professional conduct, including procedures for filing and disposition of complaints and for suspending or revoking certifications; reporting requirements; certification badges; attire; language proficiency; compensation for tour guides, and any other matters deemed necessary by the Board. The bill further includes business licensing requirements for tour operators (membership in good standing with MVA; minimum investment of $50,000; and office space; a bank account under the business name; insurance; MVA certificate). The bill also provides for penalties for violations of the Act. ADOPTED — BILL GOES ON CALENDAR FOR ACTION.
5) SCR 16-82, recommending the passage of HB 16-146, HS1 – Introduced by Rep. Justo Quitugua, this bill proposes to establish a village and agricultural homesteading program in the Northern Islands, and further includes amendments to the Homestead Waiver Act, incorporating the provisions of an earlier bill (HB 16-127, introduced by Rep. Oscar Babauta), which would expand the list of persons eligible to receive legal title to public land if they have continually used and occupied that land for at least 15 years and would authorize the Dept of Public Lands to waive homestead requirements for such qualified persons. The bill seeks to implement the intention of Article II, Section 2(a) of the Constitution, which is for the islands north of Saipan to become the 4th Senatorial District after the population of those islands exceeds one thousand persons. In addition to offering homestead lots to persons currently residing in the Northern Islands and qualified persons interested in residing there, the bill intends to make the homesteaders of the Northern Islands eligible for housing loans, and to promote economic development in the islands north of Saipan through long-term commercial land leases. ADOPTED — BILL GOES ONTO CALENDAR FOR ACTION.
I was the only member to vote against the adoption of this committee report, as I thought that it was incomplete given that it lacked mention of any comments received from the Dept of Public Lands and from public hearings that had been held several months ago. I noted the public outcry that had arisen from the UXO clearing for homestead development currently taking place in Marpi, the lack of a public hearing immediately prior to the commencement of the clearing, and the questions that were being asked now about the appropriateness of that area for homesteads, especially in light of the sensitivity of the natural and cultural environment and the total lack of infrastructure. The same questions would apply to the Northern Islands homestead development proposal, and I argued that every effort should be made to consider and incorporate any comments that had been received, and at the very least to acknowledge them in the committee report.
6) SCR 16-94, recommending the passage of HB 16-225 –Introduced by Rep. Ray Tebuteb, this bill proposes to lower the annual fee for pachinko slot machines from $6,000 to $2,000 in order to "encourage more widespread offering of pachinko slot machines at amusement machine establishments." According to the bill, "[m]ore machines offered will entice more players, translating to more license fee revenue and jackpot winning taxes for the general fund." The committee report notes that there are currently no pachinko slot machines licensed in the CNMI, and finds that "if more establishments purchase pachinko slot machines for their businesses it will entice more visitors to their establishments." ADOPTED — BILL GOES ONTO CALENDAR FOR ACTION.
Rep. Hofschneider began the debate on this report by noting that gambling addiction has destroyed many families in the CNMI, and asking why the members would seek to promote that addiction in the community through this bill. Rep. Diego Benavente pointed out that pachinko slot machine gaming is presently legal in the CNMI, but because it is not as popular as poker, the fees that presently apply are cost-prohibitive and it would only make sense to lower them; otherwise, he said, we might as well ban pachinko slot machines altogether. Rep. Joseph Reyes drew members' attention to the revenue-generating potential of pachinko slot machines and said that he and other members had received a letter from a potential investor who had promised to immediately invest $300,000 in licensing fees for pachinko slot machines in the CNMI if the fees were lowered to $1,000. Rep. Joseph Dlg and other members argued that pachinko slot machines would provide an additional tourist attraction, noting that pachinko is very popular in Japan, and further argued that we should not have to worry about local residents gambling at pachinko because residents prefer poker.
I questioned the findings of the committee report, the intent of the bill, and the lack of any public hearing or solicitation of public comments. The committee report did not acknowledge at all the potential economic and social impacts of promoting pachinko slot machine gaming in the CNMI, and given the destructive impacts of poker addiction in our community, I strongly believed we should at the very least have a public hearing before we went any further on the bill. Moreover, the argument that only tourists and not local residents would gamble at pachinko slot machines was very similar to the argument that had been made years ago to sell us on poker, and we had found very quickly that indeed residents did indeed gamble at those machines and many quickly became addicted. Further, the fact that proponents of the bill had convinced themselves that pachinko slot machines would attract more tourists to the CNMI only underscored the need for more public comment — we should ask the Marianas Visitors Authority, and anyone else in the tourism industry, I said, if they believed that pachinko slot machines would bring in more tourists and be consistent with the CNMI's plans for destination enhancement. I also noted that the majority of the members in the House were members of the Republican Party, and that the party's platform in 2007 had expressly included a commitment to eliminate poker from our community, in recognition of the blight that poker addiction has become. If the intent of those members had been to simply replace poker with pachinko, I said they should have clarified that during the campaign; otherwise, this effort to promote the proliferation of pachinko seemed to be a major breach of that promise. Vice Speaker Joseph Dlg then interjected and clarified that the party had only promised to eliminate poker, not pachinko.
I then made a motion to refer the bill back to committee so that a public hearing may be conducted, but the motion was not seconded by anyone and so we went to vote. Five members voted against the adoption of this committee report: Speaker Arnold Palacios, Reps. Frank Dela Cruz, Heinz Hofschneider, Ralph Torres, and myself. Rep. Ed Salas was absent on medical leave.
7) SCR 16-83, recommending the passage of HB 16-15 — This bill, introduced by Rep. Stanley Torres, seeks to amend Title 1 CMC Section 8365 to establish that the Retirement Fund shall begin to receive its tax revenue from the hotel occupancy tax (30%) and the alcoholic beverage container tax (20%) on a quarterly (rather than annual) basis, and directly through remittance by the Dept of Finance at the end of the first fiscal quarter after the approval of this bill. These taxes were supposed to be allotted to the Retirement Fund on an annual basis in order to support the retirees' health and life insurance programs, but never were. ADOPTED – BILL PLACED ON CALENDAR FOR ACTION.
This committee report was adopted very quickly, and I realized only later that the bill it recommends for passage might conflict with another bill recently passed by the House (HB 16-139) that would transfer the administrative functions of the Health and Life Insurance programs of the Retirement Fund to the Department of Finance. This potential conflict would probably warrant further review by the committee before the House acts on HB 16-15.
RESOLUTIONS ADOPTED
HR 16-79 — to express sincere gratitude to Mr. Steve Tilley for his commitment and invaluable service to the people of the CNMI (Rep. Joseph Dlg)
HR 16-80 — to recognize and congratulate the Tinian High School JROTC Academic Team for their achievement in advancing to the College Options Foundation's 2009 JROTC Leadership and Academic Bowl Finals (Rep Edwin Aldan)
HJR 16-26 — calling for a Joint Session of the Legislature to receive the Governor's State of the Commonwealth Address and to receive a report from U.S. Delegate Gregorio Sablan on Wednesday, May 27, 2009 @ 10am in the House Chamber.
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Posted via email from Tina Sablan
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09_0066_(ChristinaSablan_v_BenignoRFitialEtAl)_OrderRelPortionDocs.pdf (44 KB)
Attached in this post is Judge Wiseman's Order Releasing a Portion of Requested Documents. Judge Wiseman orders Defendants (Governor Ben Fitial and Secretary of Finance Eloy Inos) to release all records within 7 days except for three: 1) the engagement letter; 2) billing documents and statements sent to CNMI for 903 litigation; and 3) payments made by CNMI to attorneys for 903 litigation, and further orders that the Defendants file a privilege log within 10 days of the date of the order (April 14, 2009).
According to the order, "Once the privilege log is filed and received, the Court will further determine the disposition in this matter."
Thanks very much and have a good day,
Posted via email from Tina Sablan
Posted on 14-04-2009
Filed Under (Public Notice) by admin
The House and Senate are scheduled to have sessions today, April 14, 2009 in their respective chambers. The Senate session will begin at 10am; the House session will begin at 2:30pm. (Note: the House session was originally scheduled for 10am as well, but has been postponed as of this morning).
The draft agendas are attached.
Also, I am attaching the latest documents related to the petition for mandamus under the Open Government Act, which was filed against the Governor and Secretary of Finance, seeking the release of records related to funding sources, contracts, amounts paid, etc. with respect to the Governor's lawsuit against the federal government. These documents include the government's Motion to Withhold Documents, and my response. A hearing on the merits of the issue was held in Judge Wiseman's court on April 9, 2009; an opinion has not yet been issued.
Posted via email from Tina Sablan
Posted via email from Tina Sablan
The House has scheduled a session for tomorrow, Wednesday, @ 9;30am in the House Chamber. The draft agenda is attached.
Also, the Dept of Commerce is hosting an Economic Restoration Summit on Thursday, April 2 & Friday, April 3, from 8:30am-4:30pm on Thursday, and 8:30-11:30am on Friday @ Fiesta Resort, Hibiscus Hall. The summit is free and open to the public. To register or for more information call 664-3000.
Posted via email from Tina Sablan
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