The House has called a special session for tomorrow, May 1 @ 9am in the House Chamber.  

The draft agenda is attached here.  

Not on the agenda but likely to be placed for tomorrow’s session is a substitute bill for House Bill 16-79, passed by the Senate today, which proposes to:

• revise CUC’s rate structure to ensure CUC’s continuing ability to deliver vital utility services (suspending for six months PL 15-94, the rollback of the utility rates to 17 cents/kwh);
• to provide unlimited reprogramming authority to the governor and other expenditure authorities for the remainder of Fiscal Year 2008;
• to suspend earmarking of certain non-general fund revenue;
• to repeal in its entirety 4 CMC Section 1304, which pertains to the tax imposed on banks and other financial institutions, to be replaced instead by the (higher) gross business revenue tax;
• to authorize CUC to use a portion of customer security deposits to pay for its fuel expenses;
• to set the government employer contribution rate at 11% for Fiscal Year 2008;
• to increase certain government services fees;
• and for other purposes.  

This is to announce that the Senate session scheduled for today, April 30 at 10am has been moved to 2pm.

First, the House Standing Committee on Judiciary and Governmental Operations has rescheduled its meeting (originally set for last Friday, but postponed due to the House session) to today, Monday, April 28 @ 2pm in the Speaker’s Conference Room. 

Second, the Saipan delegation PUTC has rescheduled its meeting (also set for last Friday at the same time) to this Wednesday, April 30 @ 2pm in the Speaker’s Conference Room. 

Third, as a reminder, the State of the Commonwealth Address and the State of the Washington Office Report are scheduled for this Friday, May 2, at the Multipurpose Center beginning at 9am. 

Finally, the first quarterly State of the Legislature public forum has been scheduled for Wednesday, May 7 in the Multipurpose Center Annex Room, starting at 6pm.  The forum was originally scheduled for April 29 but has been pushed to the following week due to the public hearings and State of the Commonwealth preparations scheduled this week in the same venue.  I will be providing a report on the activities of the 16th Legislature this first quarter, including status tables of legislation introduced thus far and voting and attendance records of legislators in both chambers.  

This public forum will also be an opportunity for members of the community to air their concerns on the pressing issues of the day (including CUC, the economy, and the need for reducing the size and cost of government), to comment on potential solutions that are being considered within the Legislature, and to offer their own ideas.  The forum will also be an opportunity for citizens to sign up to participate in the circulation of two popular initiatives: 1) to apply the Open Government Act to the Legislature (resuming the initiative drive that began last year); and 2) to downsize the Legislature.

This is to announce that the House will resume its session today, April 25 @ 2pm in the House Chamber.  A final agenda is not available yet, but we are likely to take up HB 16-90, which proposes to provide the governor and other expenditure authorities with unlimited reprogramming powers for the remainder of Fiscal Year 2008; to suspend earmarking of certain non-General Fund revenue; to authorize CUC to use a portion of customer security deposits to pay for fuel; to lower the government employer contribution rate from 18% to 11% and use 50% of the savings for a fuel subsidy for CUC; and to raise fees for certain government services by 100%.

As a result of the session schedule, the Saipan delegation PUTC committee meeting scheduled for today at 2pm has been postponed until next week.

The Saipan and Northern Islands Delegation held a session on Monday.  We passed one resolution and two local bills:

• House Resolution 16-2:  to affirm the authority of the Saipan Zoning Board under the Saipan Zoning Code to make determinations on zoning district boundaries (Sen. Pete Reyes).
• House Local Bill 16-1, S1:  to repeal and reenact section 2(3) of Saipan Local Law 15-6 and to reappropriate lapsed funds under Saipan Local Law 14-11 (Rep. Dave Apatang)
• House Local Bill 16-2, S1:  to reappropriate $90,200 from the FY 2007 lapsed funds collected pursuant to Saipan Local Law 11-2 for the settlement of judgment in Jose Ch. Camacho v. CNMI Department of Public Works, et al.  Civil Action No. 04-0220E. (Rep. Dave Apatang)

COMMENTS

On HLR 16-2, Affirming the Authority of the Zoning Board

I voted yes to the resolution, which came after the House recently passed two resolutions asking the Zoning Board to amend the zoning plan for one lot in Kagman, and for a brewery in Capitol Hill.  The author said the resolution was written to convey to the public the message that the delegation “was not asleep” when it passed the Saipan Zoning Law in the 15th legislature.  The resolution noted that the delegation had empowered the Zoning Board to initiate and make determinations on changes in land use district boundaries, that the delegation could also amend the zoning code, that changes in land use district boundaries should be made after adequate public notice and comment in accordance with the law, and that the delegation should be informed if any changes are made. 

On the two local appropriations bills, HLB 16-1, S1, and HLB 16-2, S1

I voted no to both appropriations bills.  HLB 16-1, S1 proposed to reappropriate $70,200 from Saipan Local Law 14-30 (1 MG Steel Tank for CUC), and $20,000 from Saipan Local Law 14-23 (CUC Airport Sand Filtration System) to settle part of a land compensation claim for Mr. Jose Ch. Camacho.  The bill was a substitute, introduced on the floor, for the original HLB 16-1 which had proposed to reappropriate $324,802 from Saipan Local Law 11-2 for the same settlement of judgment.  Some members, myself included, questioned why we were going to such lengths to compensate one person, rather than seeking to fairly compensate everyone who has been waiting for years for their settlement awards.  Other members who voted no to this bill included Senator Frica Pangelinan, Representative Joseph Reyes, and Representative Edward Salas. 

HLB 16-2, S1 was also a substitute for a local bill that had originally proposed to reappropriate $38,000 from Saipan Local Law 15-16 for school supplies for Hopwood Junior High, San Antonio Elementary, Koblerville Elementary, Dandan Elementary, San  Vicente Elementary, and Saipan Southern High.  The substitute instead repealed and reenacted Section 2(3) of Saipan Local Law 15-6 to pay $200,344 for land compensation for Kannat Tabla owners; $252,000 for land compensation for Mr. Jose Ch. Camacho, $8,000 for the JROTC Army Ball, $30,000 for the Oceania Championship Games scheduled for June 2008; and $10,000 for the Saipan Fishermen’s Association.  The substitute also reappropriated funds from Saipan Local Law 14-11 to give $50,000 to the Junior Statesmen Program, and $14,924 to the Saipan Little League.  The substitute was then amended on the floor to completely scrap the appropriations for the schools; it was noted that the funds that would have gone to the schools had already been reappropriated for the beach pathway restoration. 

Saipan Local Law 15-6 had originally appropriated funds for the Kannat Tabla drainage project and for San Antonio classrooms.  The entire amount that had been appropriated for the drainage project is now gone if this bill is signed into law.  The drainage project has not started yet, and according to Precinct 5 Representative Ed Salas was in fact in need of additional funding.  Saipan Local Law 14-11 had originally appropriated funds for the Water Task Force, Precinct 3 road paving, Precinct 2 roads, and WSR Elementary School.

Neither bill had been referred to the Ways and Means Committee for review.  It wasn’t clear if the funds were in fact available.  It wasn’t clear what the status was of the projects from which we were reappropriating funds. It wasn’t clear if reappropriating funds that that had been set aside as a local match for the federally funded CUC tank and sand filtration system would threaten those projects in any way.  I asked for documents to verify that reappropriating these local matching funds would not jeopardize the federal projects, but there were none.  I requested that the first bill be sent to the Ways and Means committee, but that request was not entertained.  I would have requested committee referral for the second bill as well, but there was a rush to pass that bill too and debate was ended early even while members had their hands raised, which I noted in my brief comments on the floor before I voted no. 

Shortly after the delegation passed these two extremely irresponsible appropriations bills, we received a briefing from the President of the Northern Marianas College and two members of the commission currently reviewing NMC’s efforts towards compliance with accreditation standards.  The commissioners stressed the need for NMC to operate independently and without undue political interference, and also emphasized the college’s need for fiscal stability, stating that NMC’s erratic funding over the years has contributed significantly to its accreditation troubles.     

After the presentation, I noted that the delegation had earlier passed two bills appropriating over half a million dollars — none of which went to the college or to any of our public schools.  And I asked that we do a better job in future sessions of prioritizing scarce funds.

In addition to the need for prioritization of funds is another serious issue, and that is the Legislature’s habit of constantly reprogramming funds in piecemeal appropriations bills without consulting with the agencies that stand to lose (or gain) the funds, without having fully investigated the impacts of such reappropriations on ongoing projects and public services in the appropriate committees, and without having verified whether or not the funding is even available.  As one constituent remarked to me, “How can we start or finish any projects when the money is taken away as fast as it’s given?”  Our community deserves better.

**

I welcome any comments, as always.  I can be reached at 664-8931 or 483-3935, or at this email address.

 This is to announce that there will be a House session tomorrow, Thursday, April 24, 2008 @ 1:30pm in the House chamber.  The announcement came at approximately 3:30pm today.  Click here for the draft agenda.
Not on the agenda yet, but to be prefiled and formally introduced in the session tomorrow is a bill that proposes to amend the Commonwealth Entry and Deportation Act to create a new immigration category of “Resident Foreign National.”  For a copy (unsigned) of that bill click here for review and comment.  
 

Also, on Friday, April 25, @ 10:30am in the House Chamber, the Retirement Fund will be presenting its annual actuarial report to the Legislature.

Finally, the Saipan delegation PUTC committee is also meeting on Friday, April 25 @ 2pm to discuss updates on the Saipan Energy Plan; the role of the local delegation’s PUTC  committee with respect to the immediate and urgent needs of CUC; and utilities financing proposals submitted to the Saipan delegation and referred to the committee for review.
 

The House agenda changed once again on the floor in the Special Session held on Wednesday this week.  The following items were added/deleted:

HOUSE BILLS

• HB 16-84:  to increase funding for the health, education, and welfare of the CNMI people by reducing the salaries of eleted officials.  (Rep. Ralph Torres + others)

HOUSE LOCAL BILLS

• HLB 16-9:  To reappropriate $500,000 from the $1,760,425 under Saipan Local Law 15-5 SHEFA for the payment of salaries of certain government employees (Rep. Dave Apatang)

STANDING COMMITTEE REPORTS

• SCR 16-13, from the Judiciary and Governmental Operations Committee, recommending the filing of House Bills 16-25 (to require the advice and consent of the Senate for Medical Professional Licensing Board professionals); 16-34 (to amend the Open Government Act to provide specific statutory authorization for executive sessions to be held for the governing body of an agency to conduct executive deliberations); 16-45 (to amend 4 CMC Section 8158 to allow customers of CUC who succeed in their complaint in court to receive his or her costs and attorney fees); and 16-46 (to require that all statutes and rules and regulations pertaining to CUC be readily available for review by consumers).  REMOVED FROM AGENDA.

HOUSE RESOLUTIONS

• HR 16-13:  requesting the Saipan Zoning Board to change the present zoning classification of Vestcor Commercial Building in which the brewery is located from “Village Commercial” to “Mixed Commercial” for the purposes of reopening the brewery adjacent to Coffee Care.
• HR 16-14:  respectfully requesting the office of the United States Fish and Wildlife to remove and reclassify the Nightingale Reed-Warbler under the endangered species list (Rep. Stanley Torres, Oscar Babauta, Justo Quitugua, )

ACTION TAKEN

• House Resolution 16-14 (see above) was referred to the Standing Committee on Natural Resources.
• House Resolution 16-13 was ADOPTED, with two no votes (Rep. Ed Salas and myself)
• Senate Joint Resolution 16-3, HD 1, to call for a Joint Session of the Legislature to receive  was PASSED BY THE HOUSE
• House Bill 16-3, to amend 4 CMC Section 1301 to earmark Gross Receipts Taxes collected from gambling establishments in the First Senatorial District so they may be appropriated by the Legislative Delegation from the Third Senatorial District was PASSED BY THE HOUSE.
• House Bill 16-79, HD2, SD2, deleted the Senate amendment to suspend for 60 days, rather than repeal, Public Law 15-94 (the rollback of the CUC power rates).  The bill was returned to its original form and SENT BACK TO THE SENATE.   
• House Bill 16-4, the CNMI Government and Public Deposit Safety Act of 2008 was amended to: 1) include a grandfathering provision for banks not in compliance on the effect date of the Act, provided that the bank furnishes and pledges security in the form of U.S. Treasury bills valued at 100% of the deposits, comes into compliance with the Act within 10 years of the effective date, and issues disclosures of public deposits on a quarterly basis; 2) mandate (rather than merely empower) the Secretary of Commerce and the Secretary of Finance to issue regulations to enforce the Act; and 3) expand the types of loans offered to Commonwealth residents to include educational student loans and loans for renewable energy and energy efficiency (as a basis for giving preference to particular banks among those that meet the requirements of the Act).  The bill was PASSED BY THE HOUSE.     

COMMENTS

On the zoning resolution (HR 16-13)

I voted no on the zoning resolution (HR 16-13) for the same reason that I voted no on a similar resolution passed in the last session: I felt that the House was once again exerting inappropriate influence on the Zoning Board to amend the Saipan Zoning Plan on behalf of one particular company, when there is already a process in place that allows people to appeal to the Board to consider amendments to the Plan, and in fact, the Board is already entertaining such requests at this time.  We should respect the laws that we have created and the processes that are in place, and allow agencies to do their jobs. 

On the reed warbler resolution (HR 16-14)

I voted yes to the motion to send the reed warbler resolution (HR 16-14) to the Natural Resources committee for review.  If we had actually taken a vote on the resolution that day, I would have voted no.  I was, to say the least, rather disturbed by the resolution, and asked the Natural Resources committee to consider in its review of the resolution that 1) the nightingale reed warbler is a unique species found only in the Northern Marianas; 2) the warbler is an important part of the CNMI’s natural and cultural heritage; 3) that the protection of endangered species helps to protect, not only the species, but the unique habitats in which they are found; and 4) that the protection of endangered species does not necessarily inhibit development, provided that the required environmental assessments and mitigation plans are properly carried out.  Economic development and environmental protection can coexist, and indeed can complement each other. 

On the amendment to HB 16-79

I voted yes to the motion to delete the Senate amendment to HB 16-79 and return the bill to the Senate in its original form.  The Senate had amended HB 16-79 so that there would only be a 60-day suspension, rather than a repeal, of PL 15-94 (the rollback of the CUC rates to 17 cents/kwh), with the intent of spurring the newly-formed Public Utilities Commission to set a new rate structure. 

There seemed to be a general consensus in the House that it was impractical to expect the PUC to be prepared to set rates within 60 days, but there was some debate on the floor about whether or not we should just pass the bill as it was, knowing that we would have to return to the problem in 60 days to either give the PUC an extension or finally just repeal PL 15-94 as the House had originally intended.  An argument was made that rejecting the Senate amendment would further delay the passage of the bill, and there was an urgency in passing the bill as soon as possible, however imperfect it might be.  I stated that the PUC members were not qualified to set utility rates yet, and needed to undergo intensive training; they were on the waiting list for rate-setting school scheduled in May and November, with no guarantee that they would actually be admitted. Another member noted that the PUC does not even have basic office supplies, or even an office yet.  I said that to pass this bill with the Senate amendment would essentially be setting up the PUC for failure, and if we knew that, we should correct it.  I also said that the Senate had not been aware of these constraints when the amendment was passed.  It was suggested that the House leadership confer with the Senate leadership to request their support for the bill in its original form.  Most of the members agreed, and voted to delete the Senate amendment and return the bill in its original form to the Senate.  The “no” votes included Reps. Diego Benavente and Joseph Reyes.

On HB 16-4 

I eventually voted yes on HB 16-4, as amended, although I shared concerns with other members about the depositing of public funds in banks that are not FDIC-insured.  The amendment to grandfather such banks was a problem for some of us because it raised questions about why public funds were deposited in such banks in the first place if the solvency of the banks would be in jeopardy should these funds be withdrawn.  Proponents of the bill argued that requiring security, setting a reasonable timeframe for compliance, and also requiring public disclosure of government and public corporation deposits would help protect public funds without creating a crisis for banks that presently hold these funds. 

On the push to override the veto on the austerity bill

There was a rather strong push from some members to attempt to override the Governor’s veto on HB 16-83, HD 5 — the austerity bill.  It was argued that overriding the veto was urgent to ensure the delivery of public services, and that the deficiencies of the bill that the Governor had identified could be addressed in subsequent bills.  Other members disagreed, and said that instead a new austerity bill should be drafted that provided a clear expenditure plan with a purpose (say, a fuel subsidy), using any savings realized as a result of the austerity measures, rather than simply handing the Governor a “blank check.”  I remarked that the public outcry over the austerity bill stemmed primarily from the fact that it was fast-tracked through the Legislature without public comment, was fundamentally unfair in that it exempted many individuals (including lawmakers), and did not do enough to cut obvious government fat, such as the perks that many public officials continue to enjoy.

I also said that by now it should be clear that we cannot both protect government payroll and critical public services.  Public services are already falling apart, and still government payroll remains essentially the same.  Indeed, most, if not all, of the employees who were supposed to be furloughed last Friday – ostensibly as a result of the governor’s veto of the austerity bill — were somehow renewed that very day, even as this government can barely pay for fuel to keep the lights on.   

The bottom line is that we have to come to grips with our fiscal reality.  And we have to be honest with our people about the cuts that need to be made.

**

ANNOUNCEMENTS

• The Judiciary and Governmental Operations Committee meeting scheduled for 10am today has been postponed until further notice.
• Click here for the final agenda for the Saipan and Northern Islands Delegation session on Monday, April 21 @ 9:00am.

For questions or comments, I can be reached at 664-8931 or 483-3935, or at this email address.

This is to announce that the House Standing Committee on Judiciary and Governmental Operations will be meeting tomorrow, Friday, April 18 @ 10am in the Speaker’s Conference Room.  The following bills will be reviewed:

• HB 16-64:  to establish an administrative office of the courts.
• HB 16-67:  to amend 8 CMC Section 1202(a) to increase the marriage license fee for marriage between two noncitizens or between a noncitizen and a citizen from $25 to $75 and to authorize the mayors of Saipan, Tinian, and Rota to use a portion of the fees collected for their respective offices.
• HB 16-71:  to protect persons soliciting donations along public highways and roads.
• HB 16-73:  to establish an attorney reciprocity program with the territory of Guam.
• HB 16-74:  to amend 4 CMC Section 3216  to establish an “inactive status” period for the renewal of certificates or licenses.
• HB 16-75:  to authorize the Dept. of Public Safety to permit private companies to serve bench warrants issued by the CNMI courts.
• HB 16-76:  to amend 2 CMC Section 7181 to establish procedures to protect public and private sector multi-family, office, and retail building drawings and plans from public disclosures required under the Open Government Act.
• HLI 16-15:  to amend Section 12 of Article II of the Constitution to remove the immunity presently enjoyed by legislators from being questioned in any other place regarding statements made in the Legislature.

These bills are available online at www.cnmileg.gov.mp or at www.camachocnmi.com .

Also, because of the conflict with the JGO meeting, tomorrow’s weekly press conference has been moved to 9am in my office.

This is to announce that the House Standing Committee on Ways and Means has called for an emergency meeting with CUC at 2pm today in the House Chamber.

This is to announce the following:

• The Saipan and Northern Islands Delegation will be holding a session on Monday, April 21 @ 9:00am in the House Chamber.  Click here for the draft agenda.
• The House Standing Committee on Natural Resources is holding public hearings on House Legislative Initiatives 16-3, 16-4, 16-5, and 16-8 in Rota, on April 17 and 18 at the Rota Roundhouse; and in Tinian on April 22 and 23 at the Tinian Elementary School cafeteria.  Public hearings on both islands begin at 6pm.  For more information contact Chairman Ramon Tebuteb at 664-8983.  The initiatives are available online at the CNMI Legislature’s website, www.cnmileg.gov.mp, or at Floor Leader Joseph Camacho’s website at www.camachocnmi.com .
• The House Committee on Health, Education, and Welfare will have a joint meeting with the Senate on April 25 @ 10:30am in the House Chamber to receive the annual actuarial report of the Retirement Fund. 
• The House and Senate will be meeting to receive the Governor’s annual State of the Commonwealth address, and the Resident Representative’s annual State of the Washington Office report on Friday, May 2 in the Multipurpose Center beginning @ 9am
• Finally, the House was in Special Session this week, and so my weekly press conferences have resumed.  The next press conference will be tomorrow, Friday, April 18 @ 10am in my office.  Topics of discussion will include a review of the session this week and a bill that proposes to amend the CNMI immigration code to grant longer-term permits for qualified foreign national workers (soon to be prefiled).  

I will also be announcing the first quarterly public forum on the State of the Legislature, scheduled for Tuesday, April 29 at the Multipurpose Center, beginning at 6pm.

This is to announce that there will be a 2nd Special Session of the House on Wednesday, April 16 @ 9:30am in the House Chamber.  For the draft agenda click here.

The House Committee on Commerce and Tourism will be meeting on Monday, April 14 @ 1:30pm in the Speaker’s Conference Room.  The following bills will be reviewed at that meeting:

• HB 16-31:  to amend the Weapons Control Act to promote and allow resort developments offering target ranges for competitive rifle competitions and skeet shooting
• HB 16-37:  to repeal and reenact Chapter 16 of Division 5 of Title 4 of the Commonwealth Code as established by Public Law 15-55 in its entirety; to establish the offense of theft of copper
• HB 16-39:  to repeal and reenact Chapter 8, Division 5, Title 4 of the Commonwealth Code relating to mechanics’ liens
• HB 16-43: to amend Title 4 Section 50138 of the Commonwealth Code regarding the sale of cigarettes
• HB 16-48:  to amend 4 CMC Section 1503 to provide for the licensing of poker machines on a calendar year basis; to require the installation of a centralized monitoring system for all poker machines
• HB 16-52:  to permit a borrower of CDA to assign land compensation due from the Commonwealth Government to pay for balance on CDA loan.

The chair of the committee is Rep. Joseph Reyes.  His office can be reached at 664-8836 for more information.

Also, kudos to the Legislative Bureau for getting the Legislature’s website up and running!  Bills, resolutions, initiatives, and other records are available for viewing at www.cnmileg.gov.mp . The Floor Leader’s website also continues to post House bills and offer opportunity for public comment at www.camachocnmi.com .

There will be a House Ways and Means committee meeting today, Wednesday, April 9 at 10am in the Speaker’s Conference Room.  The purpose of the meeting is to discuss the Board of Education’s recent decision to shut down operations of the Public School System.  The Secretary of Finance and PSS Acting Finance Director Lori Grizzardo, are expected to attend.
 
Also the House Natural Resources Committee will be holding public hearings today, April 9, and tomorrow, April 10 on House Legislative Initiative 16-5, which proposes to amend the Constitution to allow the government to borrow money for operations.  The hearing today will be at 6:30pm in the House Chamber; the hearing tomorrow will be at 6:30pm at the Multipurpose Center.  Click here for the complete info.

Finally, community forums to explore the possibility of longer-term CNMI residence status for qualified foreign workers will be held this week and next week.  The first forum will be tonight, April 9, starting at 6pm at the Kagman Community Center.  The second forum will be tomorrow, April 10, starting at 6pm at San Vicente School.  These forums are being sponsored by Taotao Tano and various long-term foreign worker groups.  Public Hearing Notice Apr 2008

The House agenda changed again on the floor during the sessions this week.  The following items were added: 

HOUSE BILLS

• HB 16-82:  To amend 6CMC, Article 2, to authorize the operation of Video Lottery Tenninal (VLT’s) devices, video poker and other video slot and similar machines; to authorize the operation of Texas Hold’em and other limited card games, within the third senatorial district; to amend 4CMC, Chapter 5, to impose a new gaming tax; to require the payment of new license fees for the new entertainment activities; to provide for the licensing of poker machines on a calendar year basis; to require the installation of central computerized monitoring system for all video amusement and similar machines; and for other purposes.  (Rep. Oscar Babauta).  RULES WERE SUSPENDED TO PLACE ON THE BILL CALENDAR
• HB 16-83, HD 5:  To provide flexibility to the Governor and other expenditure authorities to reprogram funds for the remainder of fiscal year 2008, to reinstate austerity holidays, to provide for non-paid holidays to ensure expenditures remain within the continuing appropriation authority, to impose a hiring freeze on all new hiring, to set the government retirment contribution rate at 11% for fiscal year 2008, and for other purposes.  (Reps. Ray Yumul,
  Arnold Palacios, Joseph DLG, Diego Benavente, Joseph
  Reyes, Victor Hocog, Oscar Babauta, Francisco Dela Cruz)   PASSED ON FIRST AND FINAL READING ON THURSDAY, 15-4, 1 absent.  PASSED IN THE SENATE IN A SESSION
  HELD ON FRIDAY, 5 yes, 1 abstention, 3 absent.  “No” votes in the House included Heinz Hofschneider, Dave Apatang, Ralph Torres and
  Tina Sablan.  Abstention in the Senate was Senate President Pete
  Reyes.  Absent were Rep. Rosemond Santos and Sens. Luis Crisostimo, Felix Mendiola, and Jude Hofschneider.

HOUSE RESOLUTIONS

• HR 16-10:  Supporting Supporting Taiwan’s participation as an observer at the 61st Annual Meeting of the World Health Assembly in Geneva in May 2008 (Rep. Oscar Babauta).  ADOPTED
• HR 16-11:  To recognize and commend Mr. and Mrs. Vicente Villagomez Torres for their dedication and sacrifice in prioritizing the education of their children, and their contributions to the people of the Commonwealth (Rep. Ed Salas) ADOPTED
• HR 16-12:  Recognizing the CNMI Zoning Agency to change the present zoning classification of Lot No. H301 from “Rural” to “Mixed Commercial” for purposes of developing and constructing a moderate-sized and complete grocery store in the village of
  Kagman (Rep.
  Ray Yumul) ADOPTED

OTHER ACTION TAKEN

• Standing Committee Report 16-12, from the Commerce and Tourism and Ways and Means Committees, recommending the passage of HB 16-21, “to amend 4 CMC Section 50204 to cap the tax benefits of qualifying certificates to the amount of investment of each certificate.”  REPORT WAS ADOPTED
• HB 16-21, capping the tax benefits of qualifying certificates PASSED ON FIRST AND FINAL READING.
• HB 16-81, to amend 1 CMC Section 8347, to remove the legal requirement for counselors from the Office of Vocational Rehab to certify that a person is disabled before s/he can receive disability benefits from the Retirement Fund, and to require that two physicians selected by the Retirement Fund board certify the disability; at least physician shall be a specialist in that disability.  PASSED ON FIRST AND FINAL READING 

COMMENTS

On the resolutionsI formally introduced a resolution to amend the House Rules to require at least three business days’ notice for legislative meetings, including agendas, and the posting of legislative records on the Legislature’s website.  Pursuant to the rules, I requested that the Speaker place the resolution on the calendar for action.  The Floor Leader objected, and requested that instead the resolution be referred to the Ad Hoc Committee on the Rules, which he chairs, since the committee is accepting recommendations on the rules from other members.  I stated for the record that I had submitted my recommendations to him weeks ago.  There had been no action, nor had there been any report from the committee on the rules since the appointment of the members.  The Speaker then decided initially that the resolution would be referred to the committee, and ordered that a report should come out within 30 days.  The Floor Leader said he would do his best.  

I later objected to the placement of other resolutions without referral to committees on the calendar.  The Vice Speaker remarked that since my resolution was quite lengthy (a few pages) and pertained to the rules, it made sense to have the resolution referred to the committee which exists for reviewing rules.  I responded that the other resolutions could also be referred to committees on the basis of that argument — the Health and Education committee exists for reviewing health-related legislation, and could take up the resolution recommending the participation of a foreign country in an international health conference; the Natural Resources Committee could take up the resolution that urged the Zoning Office to rezone one family’s lot.  Eventually the Speaker ruled that the resolution I had introduced would be placed on calendar, as originally requested, although we would not act on the resolution that day. 

I voted no on the resolution recommending Taiwan’s participation in the World Health Assembly, since it seemed like it touched on matters of foreign policy (i.e., an implicit recognition of

On the gambling bill, HB 16-82I voted no on the motion to place this bill on calendar without referring it to committee.  The people of

Of course, at least one member noted that he was in favor of placing the bill on calendar because, the sooner we placed it, “the sooner we can kill it.”  So that is another way to look at it, I suppose.         On the austerity bill, HB 16-83House Bill 16-83 was still being frantically drafted as of Thursday morning, just before the session.  I had seen earlier drafts of the bill and had been reviewing the most recent draft that I had the night before the session because I knew that it would be introduced soon.  The bill that made it to the floor that morning was significantly different from the bill I had just been reading the night before, and included amendments that had been requested by the Senate, which I had not had a chance to see before the session. 

It seemed to me that the majority of the members were anxious to rush the passage of the bill and stifle debate (at least half a dozen motions to end debate were made even while other members had their hands raised to comment and offer amendments).  I objected to the motion to pass it on first and final reading and noted that we had not had a chance to properly review this bill that would seriously impact people’s lives and public services.  I received no support for the request to withdraw the motion to pass on first and final reading, nor did I receive any support for my motion to go into committee of the whole to work intensively on the bill for as long as it takes to do our due diligence and offer and debate amendments to improve the bill.  The members said that if I had amendments to offer, I should just do so on the floor, and I agreed.

The first and only amendment I was allowed to offer was one that would have terminated the vehicle leases, cell phone plans, and gasoline cards assigned to elected and appointed officials.  Some members objected to the amendment and said that it would cause controversy and delay the passage of the bill.  Others said that there was no place for such an amendment in the bill, and I asked if this was not in fact an austerity bill.  At least one member said that the amendment would disrupt the ability of his office to operate effectively.  The amendment went to a vote, and was defeated, 5-14.  The members who voted in favor of the amendment were Reps Dave Apatang,  Vic Hocog, Heinz Hofschneider,

At that point, there was another clamor of motions to end debate, the Floor Leader declared definitely that the debate was done, and I was not allowed to offer any more amendments.  The bill passed on first and final reading by a vote of 15-4.  The members who voted no included Reps Apatang, Hofschneider, Ralph Torres, and myself.  The bill was passed by the Senate without amendment in another last-minute session the next day, and sent to the governor.            

Other than my objection to the fact that the bill was obviously being rushed to passage, I also objected to the fundamental unfairness of passing an austerity bill that slashes employee salaries while exempting legislators, the governor, lieutenant governor, judges and justices, and also preserving some of the notorious excesses of government, including travel, wasteful power consumption, and the perks of public office (government-paid vehicles, gas cards, cell phones, etc.).  Moreover, I objected to fact that the the austerity measures seem to be entirely geared towards protecting government payroll, rather than directing any savings we realize towards, say, a fuel subsidy that would benefit the entire community, or paying what we owe to the Retirement Fund, or temporary unemployment assistance for people who must be laid off. 

It should be clear, by now, that we have no choice but to downsize.  The first and obvious place we should start is not with across-the-board salary cuts that hurt the lowest-paid workers most of all, but with government fat — with the perks to which public officials have become accustomed and other forms of wastefulness that continue to this day.  And then there should be a plan for truly streamlining government that includes gradual layoffs, unemployment assistance, and transitioning people into the private sector. 

But it is difficult to make a push for such measures when rules are suspended and bills rushed to passage on first and final reading, the day they are introduced, without even the opportunity for public comment, as the austerity bill was, and when debate is stifled on the floor.    

It seems to me that the austerity bill that we just passed was driven by fear — a fear of acting boldly and decisively, to do the right thing, however difficult it might be, to streamline government. Some of the members expressed anxiety about the governor possibly moving to impound funds given the growing fiscal crisis and the absence of a budget.  They said they felt that this austerity bill, however imperfect it might be, was better than impoundment.  But after the session on Thursday, I cannot help but wonder if impoundment might be the thing that would finally wake us up and force us to acknowledge the stark realities of our fiscal situation.

During and after the session, some members suggested that we work on separate legislation that would consider additional austerity measures, such as the ones that I would have proposed had I been given the chance, and a resolution expressing the commitment of legislators to cut our own salaries.  I agreed. 

As always, I am open for comments and suggestions.  I can be reached at 483-3935, 664-8931, or at this email address.