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.