The following are the highlights from the House session held last Friday, December 19, 2008:
BILLS INTRODUCED ON THE FLOOR (NOT ON THE AGENDA)
- HB 16-202 — to establish a special account to ensure that adequate funding is readily available for the operationa, inter-island travel, and training expenses of the inspection and investigation section of the Fire Division (Rep. Oscar Babauta) — PLACED ON CALENDAR FOR ACTION
- HB 16-203 — to amend 4 CMC Section 1407 to allow automobile dealers to pay excise taxes on the importation of new vehicles upon first sale or distribution in the CNMI (Rep. Ray Yumul)
- HB 16-204 — to amend Public Law 16-17 (CUC privatization law) to modify Private Sector Assistance Agreement requirements and to clarify contractor eligibility requirements, and defining “U.S. Certified Contractor” (Rep. Heinz Hofschneider)
- HB 16-205 — to simplify and enact a Commonwealth flat tax, and to repeal and reenact Chapter 2 of 4 CMC Division 1 (Revenue and Taxation) (Rep. Ray Yumul)
- HB 16-206 — to authorize the Department of Public Lands to pay for land compensation judgments using its operational fund bank accounts by amending 1 CMC Section 2803 (c) (Rep. Heinz Hofschneider) — PLACED ON CALENDAR FOR ACTION
- HB 16-207 — to amend 3 CMC Section 4340 to allow the civil deportation of aliens charged with unlawful possession of a controlled substance (Rep. Joseph Deleon Guerrero)
OTHER BILLS PLACED ON THE CALENDAR FOR ACTION
- HB 16-199– to criminalize the sale and/or resale of products purchased or obtained from the Army and Air Force Exchange Service and to authorize the Dept of Commerce, the Dept of Public Safety, and the Attorney General’s Office to prosecute violations of this Act (Rep. Dave Apatang) — INTRODUCED ON DECEMBER 19
- HB 16-201 — to establish a government service severance package for employees funded by the General Fund with at least 18 years of government service (Rep. Heinz Hofschneider +7) — INTRODUCED ON DECEMBER 19
- HB 16-76, HS1 — to exempt critical infrastructure portions of engineering and construction drawings and plans from public disclosure, and to provide for the secure storage and handling of such drawings and plans by Building Code officials (Rep. Oscar Babauta) — JGO Committee Report 16-59 recommends passage
- SB 16-9 — to amend section 4101 of Title 7 of the Commonwealth Code relating to the computation of interest on judgments; to specifically assert the Commonwealth’s sovereign immunity as it pertains to claims for post-judgment interest, and for other purposes (Sen. Pete Reyes) — Ways and Means Committee Report 16-58 recommends passage 256-5613, 483-6378, 483-6624
HB 16-135, HS1 – AUTISM COMMISSION ACT PASSED IN THE HOUSE
Introduced by Rep. Heinz Hofschneider, the intent of this bill is to establish an Autism Commission to develop a comprehensive state plan for services for individuals with autism. Modeled after similar commissions in other jurisdictions, the Commonwealth Autism Commission would be a temporary and voluntary entity composed of representatives from the Public School System, the Dept of Public Health, the Dept of Public Safety, the Family Court, the Northern Marianas College, the Office of Vocational Rehabilitation, the Council for Developmental Disabilities, the Northern Marianas Protection and Advocacy System, Inc., the Autism Society of the CNMI, and other stakeholders, including other caregivers, and at least one adult individual with autism. The commission would be empowered to gather all necessary data, and to partner with healthcare professionals, educators, and any other public or private entities as it deems necessary in order to fulfill its mandate. The commission would be given 18 months to develop and submit this plan, including any proposed legislation and an interagency cooperation agreement, to the Legislature, the Governor, and all agencies that would be involved in the cooperation agreement.
The bill had received strong support from the Autism Society of the CNMI and other advocates, including various healthcare and education professionals. Only the Board of Education’s Committee on Legislative and Intergovernmental Affairs opposed this bill, expressing concern about possible infringements on the autonomy of PSS, questioning the creation of a commission devoted to autism as opposed to other disabilities, and suggesting that the plan developed by the Autism Commission might conflict with existing plans developed by PSS, and that the commission itself might be unnecessary and duplicative.
Like many of my colleagues, I was surprised and disappointed at the position taken by the BoE committee against this bill, and could not help but think that the committee’s position only underscored the need for improved understanding, awareness, and services for individuals with autism. The intent of the bill is certainly not to breach PSS’ autonomy, or to supercede or negate existing services provided by PSS for students with disabilities, including autism. As caregivers and advocates for individuals with autism can attest, there are significant gaps in existing services and programs for individuals with autism, and a need to integrate and improve such services and programs across all relevant agencies and departments, including PSS. A comprehensive state plan would be the first step towards addressing a continuing and widespread lack of awareness about the nature of autism spectrum disorders, which leads to individuals with autism falling through the cracks in the system, and commonly being misunderstood, misdiagnosed, and underserved. I am hopeful that if and when an Autism Commission is created, the PSS leadership will indeed come to the table and participate in the development of a plan that would be geared towards improving services for students with autism and their families. Certainly, PSS’ support and assistance would be crucial if the plan is to be successful.
Two of the members who spoke most passionately in favor of this bill were Reps. Heinz Hofschneider and Ray Palacios. Rep. Hofschneider said, among other things, that the needs of individuals with autism and their families should override any territorial disputes among agencies. Rep. Palacios described his own personal experiences with family members with varying disabilities, including autism. He said that dealing with loved ones with autism is uniquely difficult and complex, and that the creation of a special commission to develop a state plan is indeed justified and necessary.
All sixteen members present voted yes to this bill. Reps. Diego Benavente, Vic Hocog, Justo Quitugua, and Joseph Reyes were absent. The bill now heads to the Senate.
RESOLUTIONS ADOPTED
- House Comm. Res. 16-67 — conveying the sincere condolences and sympathy of the House to the bereaved family of the late Francisco Matagolai Pangelinan “Bokonggo” on the occasion of his untimely passing and paying tribute to his fond memory (Rep. Ralph Torres +
- House Joint Resolution 16-21 — to request that the U.S. Department of Homeland Security ensure that priority hiring consideration be given to CNMI Immigration employees and U.S. citizen and national applications residing in the CNMI, consistent with the mandate of U.S. Public Law 110-229 (Rep. Diego Benavente + 7)
- Senate Joint Resolution 16-08 – expressing the gratitude of the People of the CNMI for the recent statements made by Guam Representative Madeline Bordallo, Guam Governor Felix Camacho, and the Guam Legislature, on behalf of the people of Guam, in support of the “Commonwealth’s position” concerning any designation of a marine monument in the waters adjacent to the CNMI. (Sen. Pete Reyes) Rep. Ed Salas and I were the only ones to vote no to this resolution. Besides the fact that I did not agree with the views that had been taken by the majority of the Commonwealth’s elected officials on the proposed monument, it was not clear to me why Guam’s elected representatives had felt compelled to weigh in on the subject at all, and I wasn’t sure why we were thanking them for it.
***
All questions and comments are welcome. I can be reached at 664-8931 or 285-3935, or by email at
tinasablan@gmail.com .
Thanks very much and happy holidays!