Ending a disastrous period of uncontrolled government spending and finally enacting a budget to match estimated resources will probably be the single most important accomplishment of the 16th Legislature for Fiscal Year 2009.  

 

Granted, it happened late — six months into the fiscal year — and in the House it took several override attempts, particularly after members who had originally voted yes to the budget suddenly changed their minds, but the budget veto override was finally achieved at the March 11 session with the required minimum of 14 votes.  The members who ultimately voted yes to the override were: Reps. Edwin Aldan, Dave Apatang, Diego Benavente, Frank Dela Cruz, Joseph Deleon Guerrero, Heinz Hofschneider, Arnold Palacios, Joseph Reyes, Ed Salas, Rosemond Santos, Ray Tebuteb, Ralph Torres, Ray Yumul, and myself.  The members who voted no were: Reps. Oscar Babauta, Joseph Camacho, Vic Hocog, Stanley Torres.  Reps. Justo Quitugua and Ray Palacios were absent.  

 

As expected, the administration's response to the override has been to threaten massive layoffs and even the shutdown of the government, claiming that such actions would be the inevitable result of the legislature's enactment of the budget — but conveniently refraining from any explanation of how layoffs and government shutdown could have been averted in the absence of a budget.  Also predictably, the administration continues to insist on the reinstatement of austerity measures — measures that badly failed in the past, and were used to accommodate continued government hiring and other questionable expenditures. 

 

The governor's reactions to the enactment of this budget underscore the gross fiscal irresponsibility, mismanagement, and illogic of his administration.  That he would rather have no budget at all signals a disturbing preference for the deliberate and reckless deficit spending which has brought this government to its knees.  That he would push for the reinstatement of a failed austerity policy reveals either an unwillingness to learn from the mistakes of the past and consider other cost-cutting options, including options that are already available under the Planning and Budgeting Act, should further cuts be necessary this fiscal year. 

 

As the saying goes, insanity is doing something over and over again and expecting a different result.  Let's stop the insanity.  Let's focus instead on compliance with the law, following the FY 2009 budget that was just enacted, and following the Planning and Budgeting Act.  Let's also focus on the budget for FY 2010, and learn from the mistakes of this past budget process, and the failures of past policies.

 

           

 

A) Zoning Board Members Confirmed by Legislative Inaction – One of the major reasons for this SNILD session was to confirm the reappointments of four Zoning Board Members: Mr. Henry Hofschneider, Mr. Isidoro Cabrera, Ms. Herminia Fusco, and Ms. Liz Rechebei, whose nomination periods were purportedly expiring on the day of the session, and so a sense of urgency in acting on their nominations that day was impressed upon the members.  Not all of the required documents for one of the nominees was submitted by that day, however, and some members objected to the motion to confirm that nominee on those grounds.  My primary objections included the lack of a formal committee report or even a prior confirmation hearing so that SNILD members and the community could have the opportunity to examine the records, performance, and future plans of the reappointed members.  

 

The chairman then called for a recess and the legal counsel checked the statutory requirements for the confirmation of Zoning Board members.  It was at that point that we discovered, rather embarrassingly so, that the Zoning code provides that board appointees are considered automatically confirmed within 30 days of their appointment unless the Saipan delegation acts otherwise.  The motion to confirm the Zoning Board members was then withdrawn because it was apparently moot (the 30 days had already lapsed), and we moved on to other items on the agenda. 

 

 

B) House Local Bill 16-22, D1 passed in the SNILD – Sponsored by Reps. Justo Quitugua, Ray Palacios, and Dave Apatang, this bill proposes to make SHEFA scholarships also available to students of the Third Senatorial District who are simultaneously enrolled in a high school or high school equivalency program and a trade school in the CNMI or outside the CNMI.  SHEFA scholarships are currently only available to students who have obtained a high school or a high school equivalency diploma. 

 

The bill also amends the terms for SHEFA board members, clarifying that a board member's term shall expire unless reappointed and confirmed pursuant to the statute.  Currently, board members are allowed to hold office virtually indefinitely, until successors have been appointed and confirmed.     

 

All 16 members present voted yes, myself included.  Five members were absent: Reps Heinz Hofschneider, Ed Salas, Ralph Torres, Ray Yumul, and Dave Apatang.   

 

 

C) HLB 16-3, S1 – introduced by Reps. Justo Quitugua, Joseph Camacho, Ray Tebuteb, Oscar Babauta, and Dave Apatang, this bill proposed to appropriate approximately $30,000 for the FIBA Oceania Basketball Tournament scheduled for June 2009; approximately $10,000 for the Micronesian Youth Services Network Conference on March 30-Apr 1, 2009; $9,000 for unpaid landscaping services rendered by Tropical Gardens for the Dept of Public Works; $50,581 for the construction of an outdoor stage for Kagman Elementary School; and $13,000 from the Saipan Trust Fund to print the Directory of Traditional Healers and Medicinal Plants in the CNMI.  

 

This substitute bill was introduced and passed on the day of the SNILD session, and was completely different from the original bill.  I raised objections about the lack of ample time and opportunity to study the bill, review the various funds that were being affected by these new appropriations, and also review the new projects that would now be receiving the funds.  The local delegations are infamous for constant appropriations and reappropriations of the same dwindling funding sources, with no real plan reflecting the priorities of each senatorial district, and with projects often losing funding before they are completed — sometimes even before they start.  This bill certainly epitomized those problems. 

 

I also objected to the practice of introducing and ultimately voting on local bills that are completely different from the original bills that went through the required process of being laid on the table for three days in the House before being referred to the local delegations for action.  The whole-cloth substitution of local bills in sessions of the delegation circumvents the three-day rule.  Rep. Diego Benavente then followed up on my comments with a request for a legal opinion on how much the local delegation could amend or substitute a bill without violating the three-day rule.     

 

Fourteen members present voted yes to this bill; Sen. Luis Crisostimo and I voted no.  Five members were absent: Reps. Heinz Hofschneider, Ed Salas, Ralph Torres, and Ray Yumul were absent.

 

D) HLB 16-26 referred to the SNILD Committee on Judiciary and Governmental Operations for review – The bill proposes to establish the Unarmed Combat Sport, and to establish the Athletic Commission. (Rep. Stanley Torres)

 

 

 

 

B) House Joint Resolution 16-25 adopted – congratulating Asiana Airlines for being selected as the Airline of the Year for 2009 by Penton Media's Air Transport World, and expressing appreciation for Asiana Airlines' continued commitment and support of the CNMI's travel industry. 

 

C) House Resolution 16-77 adopted — recognizing and commending the Marianas Public Land Trust and its Trustees for their proactive efforts in assisting borrowers in its MPLT Home Loan Portfolio, as an economically targeted investment, in passing MPLT Resolution 09-01 affording debt relief to the borrowers in the program. 

 

Not long before this resolution was introduced by Rep. Vic Hocog, a meeting had been held with the Northern Marianas Housing Corporation and the House Committee on Commerce and Tourism to discuss the CNMI's housing crisis and potential options to afford relief to borrowers and avert default with the USDA Rural Development program.  The MPLT Home Loan program that is the subject of HR 16-77 used to be administered by NMHC, and came up for discussion during that meeting, as NMHC is still struggling with the financial consequences of having had to abruptly return those loan portfolios back to MPLT by law.  Decisions made or not made by MPLT (and the Legislature) with respect to the home lending program years ago may have contributed to the housing crisis today, and so I felt it was premature to commend MPLT without having more information and a clearer picture of the history of the home lending program.  I requested that the Special Committee on Housing be tasked with reviewing the resolution and researching the history behind that program, but my request was denied by the majority and the resolution was adopted. 

 

I voted no. 

   

D) House Bill 16-179, HD1 passed by the House - Introduced by Rep. Rosemond Santos, this bill proposes to amend and repeal certain sections of Public Law 15-46, the Probation Reform Act of 2006, that are duplicative, and to require that probation fees must apply to anyone placed on probation.  Current statute allows probation fees to be waived for offenders determined to be indigent using the Public Defender's elibility criteria; the Committee on Judiciary and Governmental Operations recommended that indigent defendants' right to free counsel through the Public Defender's Office should be distinguished from probation reform proceedings.  According to the committee report, probation is a privilege and not a right, and probation fees should apply to anyone placed on probation.  Fees shall continue to be determined by the Court, and shall not be less than $20 nor more than $360 annually (the fee ceiling would be raised from $100 and would be comparable to the current CNMI Parole fee requirements), depending on the nature of the offense, the level of supervision, and the investigation required.  The bill was developed in collaboration with the Office of Adult Probation. 

 

All 17 members present voted yes, myself included.  Three members were absent: Reps. Ray Palacios, Justo Quitugua, and Ray Yumul.        

 

 

G) Standing Committee Report 16-72 referred back to Health & Education Committee – this bill proposes to authorize the Dept of Public Safety, Fire Division to regulate private ambulance services.

 

H) Senate Bill 16-51, SD1 placed on the House calendar for action – Introduced by Sen. Pete Reyes, this bill proposes to remedy a current and untenable situation at the Office of the Attorney General, by clarifying that an individual, absent Senate confirmation, shall neither occupy nor serve in the capacity of Attorney General, Acting Attorney General, or Interim Attorney General in excess of 30 days absent nomination to the Senate nor in excess of 90 days upon nomination. 

 

 

A) Joint Session Committee Report 16-2 – recommending legislative approval of the public land lease agreement between the Department of Public Lands and Neo Goldwings Paradise Saipan Corporation d.b.a. NGP Casino and Hotel.  ADOPTED by voice vote.  Sen. Luis Crisostimo and I voted no. 

 

B) Joint Session Resolution 16-3 — granting approval pursuant to Article XI, Section 5(d) of the Constitution of a lease agreement between the Department of Public Lands and Neo Gold Wings Paradise Saipan Corporation, doing business as NGP Casino and Hotel for the leasing of approximately 3,000,000 square meters of public land in Tinian, CNMI; and granting approval pursuant to Article XI, Section 5(c) of the Constitution of an extension of said lease agreement for a period of not longer than 15 years.  ADOPTED.  All members present voted yes, except for Sen. Luis Crisostimo, Rep. Stanley Torres, and myself.

 

The public land lease agreement with Neo Goldwings Paradise raises critical questions about the due diligence that is exercised (or not exercised) in the review, negotiation, and approval of public land leases to private investors.  The conceptual plans offered by the investors of NGP can only be described as grandiose: for 300 hectares (3 million square meters, or nearly 3% of the total land area of Tinian) of prime public land, NGP envisioned a $300million, six-star, 1000-room mega hotel and casino, golf course, international meeting hall, artificial ice stadium, artificial snow stadium, man-made beach, a fountain yard, a "Kursaal" project, a "fire balloon game," a helicab, a "yacht orbital way," and other facilities and amenities.  The marketing plan they submitted to the Dept of Public Lands is unfortunately a bit vague, as is their financing plan (indeed, DPL did not require NGP to show proof of financing prior to signing the lease agreement, as is required for other private entities seeking public land leases).  Moreover, NGP's corporate structure is unclear; so far I have only seen a list of "possible" directors and shareholders.  

Considering the significance of the NGP proposal, the skepticism that it would naturally elicit given the lack of financing or clear corporate structure and given global economic conditions, and the amount of public land involved, one would hope that at a minimum the CNMI Legislature would take the time to thoroughly review all pertinent documents and perhaps engage in a meaningful discussion of the proposal on the record.  But instead the joint session was announced with little more than a day's notice, copies of the final lease agreement were circulated only a day before the session, the committee report and joint resolution approving the lease were distributed just minutes before the session, and a copy of the land appraisal report was not made available for review until I asked about it during the session.  Some members, myself included, were not even aware until the day of the session that we were approving a 25 year lease as well as the 15 year extension, all in one shot, which has apparently never been done before in the history of the Commonwealth.  The lease terms for the last 15 years were also unclear in the agreement, an oversight that the legal counsels acknowledged, and about which few other members seemed particularly concerned.          

 

It is important to note that the joint session would not have been called in the first place if enough votes to approve the lease had not been secured already, which means that at least some members were ready to vote even before they had reviewed all pertinent documents.  Members were ready to vote even without much discussion on the floor — the motion to end debate and call for the vote was made and seconded without very much debate at all, and the lease was ultimately approved by the legislature.

 

During and after the session, I was urged by several colleagues to be more "trusting" — of the legislative committees, of the Department of Public Lands, of the attorney who represents NGP, and of the lease.  A few members also told me that they had felt comfortable approving the lease despite their own doubts and concerns because if the investors do not show proof of adequate financing within six months, the lease will be revoked.  The CNMI loses nothing, they said.  I disagree with that sentiment.  It is not only public land that is at stake, but also the credibility of the government, and our ability to attract legitimate, high-quality investors now and in the future when we negotiate and approve public land leases carelessly and without due diligence.     
 
What would I say, one senator asked me after the session, if the project turns out to be a huge success?  For the sake of the people of Tinian and the CNMI, I do hope that my worries turn out to be groundless.  But what would any of us say, I wonder, and what could the CNMI possibly lose, if NGP does not succeed in delivering the promises that have thus far been made — losses that perhaps could have been averted had this government shown more care and diligence?

 

 

 

A) House Commerce & Tourism Committee Meeting on Friday, March 20 @ 10am in the Speaker's Conference Room  — to review House Bill 16-210 (overhauling the Qualifying Certificate program); HB 16-177 (imposing a temporary moratorium on the Qualifying Certificate program); HB 16-172 (offering temporary abatement/rebate of taxes and fees for new investments of at least $5million);  and SB 16-45 (amending the security deposit requirement for foreign long term business permit applicants)

 

B) Presentation by Teen Talk at the Legislature on Thursday, March 26, @ 3:30pm in the House Chamber – Teen Talk is a project of the Public School System's Youth Development Program.

 

2) HB 16-220  — to amend the Northern Mariana Islands Election Law to provide for runoff election procedures and to allow for the counting of absentee ballots on election day (Rep. Joseph DLG +3).  Introduced on February 3 and passed on first and final reading on February 18, 2009 (see below) 

Senate Bill 16-9 was apparently mistakenly passed by the House at a session in January.  I was off-island at the time so I don’t fully understand how it happened, but it seems that what should have been voted on instead was a Committee Substitute Bill, SB 16-91, CS1.  The error was brought to the attention of the members at the February 3 session, and the bill was recalled and referred back to the Ways and Means Committee.    

 

 

The unnumbered House Bill, authored by Rep. Ralph Torres, proposed to remove employers’ liability for pregnancy-related medical expenses of foreign national workers.  Rep. Ralph Torres agreed to withdraw the bill after some members raised concerns about the constitutionality about the bill, and questioned whether or not the bill had been signed for legal sufficiency.  It was then disclosed that the bill had not yet been signed by legal counsel, and under House Rules all bills should be signed for legal sufficiency by legal counsel before they can be formally introduced on the floor.  The bill was not filed with the clerk, and copies were not circulated to the members.   

 

 

 

1) HB 16-12, HS2  — to repeal and reenact Title 4, Chapter 10, as amended by Public Law 15-16, the Foreign Investment Act; to repeal and reenact 3 CMC Section 4303(q)(10); amend 3 CMC Section 4331(k) as established by PL 15-16, and for other purposes (Rep. Stanley Torres).  This bill was one of the last bills to be discussed at the session on February 25, and apparently, judging from the rush to call the vote, most members were tired or just didn’t feel like debating it — “it’s been on the calendar for the longest time,” as one member put it. 

 

I raised objections to the immediate call for the roll without any discussion, and recalled questions about the bill from previous sessions that had remained unanswered, such as questions about the rationale for the new proposed minimum age requirement (now 35 years, down from 55), the minimum investments required ($125,000 in at least one residential property on Saipan, $100,000 in at least one residential property on Tinian or Rota, which is a slight increase from PL 15-16’s required minimum investment of $100,000 and $75,000, respectively, but slightly lower than the minimum investment of $150,000 that had been previously required in PL 11-60) and the various concerns that had been raised by the Department of Commerce to the changes that were being proposed.  I also noted that we were less than four months away from the expected effective date of the federalization transition period, and awaiting the finalization of federal regulations that would undoubtedly affect the CNMI foreign investment program.  There was little discussion at that point, other than comments about how long the bill has been on the calendar, and about how the CNMI stil controls immigration, even if only for a little while longer, and then we went to vote.   

Since that session, it’s also come to our attention that the local Department of Commerce is at this time soliciting comments on proposed changes to the foreign investment regulations, including the foreign retiree investment regulations.  Clearly, the foreign investment program is and has been in a state of flux, which is generally not very conducive to long-term investments in anything.  At the very least we should have taken more than just a couple minutes to discuss the statutory changes being proposed for the foreign investment program, and their implications.  But ”the bill had been on the calendar for the longest time,” which I suppose is meant to be a substitute for deliberation.

 

 

2) HB 16-76 – to amend 2 CMC Section 7181, to exempt critical infrastructure portions of engineering and construction drawings from public disclosure, and to mandate the safe storage and handling of these drawings by Building Code officials, in order to minimize potential threats to the safety and security of public and private sector multi-family, office, and retail buildings and their occupants (Rep. Oscar Babauta).  All members present voted yes, myself included.      

 

3) HB 16-166, HS1  — to assess a fee on plastic checkout bags distributed in the Commonwealth (Rep. Rosemond Santos).  The bill seeks to limit the importation and use of plastic bags by assessing fees on importation and on each plastic bag provided for use by customers.  Fees shall not be assessed on bags made of recycled paper, compostable plastic, or reusable cloth.   

 

Fifteen members voted yes to this bill, myself included; Reps. Heinz Hofschneider, Dave Apatang, Joseph Reyes, and Ed Salas were absent; 1 member abstained.   

 

Like other plastic bag legislation around the country and around the world, House Bill 16-166, HS1 has been both praised and derided.  On the one hand, proponents say that limiting the use of plastic bags and promoting reusable bags in a community can help reduce litter, remove threats to wildlife, and build an environmental ethic in the community.  On the other hand, critics say that plastic bag legislation amount to little more than ”greenwashing” – encouraging people to feel good about protecting the environment, or at least feel good about believing they are doing so, without making them actually do much.  Plastic bags are relatively inexpensive, do not take up much space in a landfill compared to many other common waste items, are indeed often reused, and generally consume less energy to produce than paper bags.  Critics also say that it makes no sense to single out plastic bags in legislation, while continuing to ignore the the many other types of waste materials that end up in the waste stream, and in our streets and ocean.   

 

Since the session when we voted on HB 16-166, HS1, I have received more sharp criticism than positive feedback on both the bill and my vote.  Critics of the bill have demanded to know if this is the type of “revenue generating legislation” the citizens of the CNMI can expect more of.  In a declining economy, with no budget for the government more than five months into the fiscal year, people have also asked why a bill that in reality does very little to actually protect the environment and also raises the cost of doing business in the CNMI would be a priority for the 16th Legislature.  Frankly, these concerned citizens have a point.   

      

 

4) HB 16-167 — to amend 1 CMC Section 8222 to regarding housing benefits for  the Governor, Lt. Governor, Speaker of the House, and Senate President (Rep. Joseph Deleon Guerrero).  The bill was amended on the floor by Rep.Justo Quitugua to add that the use of public funds for renovations, extensions, repairs, and other related upgrades for private residences shall be prohibited. 

 

Some members, including Reps. Joseph Deleon Guerrero, Diego Benavente, and I, expressed support for the bill because it would further clarify the extent to which public housing benefits can be extended to elected officials, and also help minimize the potential for abuses by officials who opt not to live in public housing.  Other members, particularly Reps. Dave Apatang, and Vic Hocog, objected to the proposal, saying that housing benefits should be a privilege granted to the highest elected officials of the CNMI regardless of where they live because their homes, whether private or public, serve as sites for official functions, such as when visiting dignitaries are being hosted.  Rep. Ray Tebuteb reminded members that public housing is indeed a privilege and not a right for elected officials, and Rep. Joseph Camacho said that he would not support the bill because he believed that it did not go far enough.  Rep Camacho argued that public funds should not pay for housing for any elected officials, period, and he offered an amendment to delete the public housing benefit entirely from the Code.  I observed that his proposed amendment would require a significant rewriting of the bill, at which point Rep. Oscar Babauta made a motion to simply refer the bill back to the committee, and the majority of the members agreed, although some members, myself included, objected, as the committee referral seemed to be little more than a tactic to stall any further action on the bill.  Nevertheless, the bill was referred back to the Committee on Judiciary & Governmental Operations.

 

 

 

5) HB 16-180, HS1 — to amend 3 CMC Section 5421 by adding a new section (d) and to amend 3 CMC Section 5432 by adding a new Section (c) to allow foreign-owned pleasure boats/vessels to be registered as U.S. registered vessels without coming to or being in the CNMI to be registered (Rep. Stanley Torres).  Placed on calendar for first and final reading but then withdrawn and referred to Commerce and Tourism Committee for further review. 

 

7) HB 16-195  — to amend 4 CMC Section 1103 (aa) to clarify that a wholesaler is a business engaged in the sale of tangible personal property to another business for resale, except that a wholesaler shall also include any business engaged in the sale of bulk motor fuel to another business (Rep. Ray Yumul). The intent of the bill, according to the author, was two-fold.  The first purpose was to give the three remaining independent sellers of bulk motor fuel on Saipan, and any future independent sellers, a break on business gross revenue taxes by classifying them as wholesalers because they sell bulk motor fuel to large businesses such as hotels, even though those business clients do not purchase bulk motor fuel for resale but for their own consumption.  The tax break would encourage independent bulk motor fuel sellers to remain in business and compete more effectively with the other Mobil and Shell distributors in the CNMI.  The second purpose of the bill was to attempt to close a loophole in the existing definition of wholesaler, under which wholesalers may sell directly to customers for their own consumption and not for resale, though still paying wholesaler taxes.    

 

I noted that this bill did not go through committee review, nor were comments solicited from the public, and I argued that the intended purposes of the bill (particularly the second one, which would affect more than just independent sellers of bulk motor fuel) warranted greater review and at least opportunity for public comment.  I said that even though I might personally agree with the policy that was being promoted in the bill, I felt that acting on the bill without giving proper notice to the businesses that would be affected would be perceived as underhanded and less than transparent.  I also was not convinced that the language of the amendment necessarily accomplished the second intended purpose — and upon closer review, it seems that it does not.  If this bill as presently written is signed into law, a wholesaler would still be a business that sells to another business for resale (unless that business is a seller of bulk motor fuel) – but there is nothing in the language that prohibits the wholesaler from also selling to others for direct consumption (i.e., not for resale), while still paying lower wholesaler taxes.

 

I was the only member to vote no on this bill.            

 

8 ) HB 16-202 – to establish a special account to ensure that adequate funding is readily available for the operational, inter-island travel, and training expenses of the Inspection & Investigation Section of the Fire Division (Rep Oscar Babauta).  The bill proposed to create a special account, the “Fire Safety Enhancement Account” for the Fire Division, into which civil and criminal penalties for violations of the fire safety code, as well as fire safety permit fees, would be deposited to be used for operational expenses, training and hiring, and inter-island travel for investigative assistance and training.   This was another bill that did not go through committee review, so no one really knew what the potential fiscal impacts would be to other public services if another earmarked fund were to be created as proposed.  It was also not clear why the Fire Division is so different from other enforcement and permitting agencies, and so uniquely needy, as to warrant its own earmarked fund.  Rep. Ray Yumul, the Ways and Means Chair, warned the members to expect other agencies to come to the Legislature seeking their own special accounts as well if the bill passes.  This bill passed with 16 members voting yes, Rep. Hofschneider and I voting no, and Rep. Stanley Torres abstaining.  Rep. Ed Salas was absent.

 

 

10) HB 16-220, HS 1  — Introduced by Rep. Joseph DLG and 3 others, this bill provides for runoff election procedures as mandated by the ratification of House Legislative Intiative 15-16, SD1 in the 2007 election, which amended the Constitution to require a runoff election for governor and lieutenant governor if no candidate receives a majority of the votes cast.  The bill deals in particular with absentee ballots, proposing to require registered voters to request absentee ballots not more than 75 days and not less than 25 days before the election (current law says not more than 60 days and not less than 10); to require that absentee ballots should be received not later than election day in order to be counted (current law says they should at least be postmarked not later than election day); and to require that absentee ballots be counted on election day (current law says the ballots must be counted 14 days after the election).  The bill also clarifies that persons who failed to vote in a general election shall not be precluded from participating in a runoff election related to the same general election, and provides general guidelines to the Election Commission as to how runoff elections shall be conducted, as well as authorization to make reasonable rules and regulations to carry out the intent of the law.  The bill was developed in collaboration with the Election Commission, and passed with all 16 members present voting yes.  Four members were absent: Reps. Hofschneider, Joseph Reyes, Ed Salas, and  Dave Apatang.   

 

11) HB 16-227 – Introduced by Rep. Rosemond Santos on February 25, this bill originally proposed to mandate that any person convicted under 6 CMC Section 1461 should be required to contribute $100.00 to Guma Esperansa, a temporary shelter for victims of domestic violence.  Rep. Santos requested that the bill be placed on the calendar for action that day.  I was initially the only one to object to the request, questioning the ”urgency” that some members claimed in placing that particular bill on the calendar for action only minutes after it had been introduced.  Rep. Santos said that the bill was intended to help Guma Esperansa and would codify a practice that was already in place; Superior Court judges, she said, routinely order persons convicted of domestic violence crimes to contribute sums of money to Guma Esperansa.  I responded that I still did not see the urgency to rush on a bill that sought to codify a practice that is already in place, without soliciting any comments from stakeholders or even affording anyone the opportunity to review it, and I was also concerned about mandating in the law a particular penalty for a particular crime that is typically worked out in plea agreements and determined by judges without at least some thoughtful review. 

Nevertheless, we moved to vote on the bill anyway.  Eleven members voted yes on the bill.  Speaker Arnold Palacios abstained from the vote, and I was the only one to vote no.  Reps. Diego Benavente, Joseph Deleon Guerrero, Ray Yumul, Heinz Hofschneider, Stanley Torres, Dave Apatang, and Ed Salas were absent.        

 

12) S.B. 16-44  — to amend Public Law 14-62, and provide for greater professional autonomy for Nurse Practitioners.  After a legislative hearing with nurse practitioners and physicians, including one physician who opposed the measure, we deliberated on the bill extensively during the session.  In the end sixteen members voted yes to this bill, myself included.  I supported the bill because I believed that giving nurse practitioners greater autonomy and flexibility to provide healthcare services within their scope of practice – that is, to do what they are already educationally prepared and trained to do, without requiring a supervising physician – would help improve access to primary healthcare services in the CNMI, while reducing healthcare costs.    Rep. Heinz Hofschneider was the only member to vote no, after he expressed concern about potentially increased medical risks to patients if the bill is signed into law, and sought to retain language in the bill that required collaboration with physicians.  Rep. Stanley Torres abstained from voting, and Reps. Edwin Aldan and Ed Salas were absent.   

 

 

 

1) House Resolution 16-74 proposed to create a Special Investigative Committee for the purpose of investigating allegations against Lt. Governor Timothy P. Villagomez and presenting a report of findings and recommendations to the House of Representatives as to whether cause exists for impeachment.  The resolution was introduced by myself on February 3, and taken up for a vote on February 5.   

In response to members’ concerns about potential impediments to the criminal trial against Mr. Villagomez, I noted that the Constitution empowers the Legislature to conduct its own investigations and impeachment proceedings independently of the judicial process, and added that if the Special Investigative Committee deems that highly sensitive information might be disclosed that might compromise the ongoing criminal trial, then the committee could, of course, exercise its discretion to go into executive session.  In response to members’ claims that the Legislature does not have adequate resources to conduct a proper investigation, I said that it is not costly to download documents that are already matters of public record, or to call witnesses in to provide testimony and further information.  In response to members’ assertions that the proposed legislative investigation would be duplicative and a waste of time, I asked what could be more important than ensuring that government is functioning properly and that public officials are held accountable for any misconduct they might have committed?  What could be more important than restoring public confidence in government, and upholding the integrity of public office?  It is not only the integrity of the office of the lieutenant governor at stake, after all, but also the integrity of the legislature.      

I asked my colleagues not to use the fact that there is an ongoing criminal proceeding against Mr. Villagomez as an excuse to do nothing for our own part.  The Constitution gives us the powers to investigate, and to impeach public officials if necessary, for a reason.  That there is a judicial proceeding already taking place does not absolve us of our responsibilities as legislators to examine allegations of misconduct in public office.  I also said that any way we look at this issue, we should consider the consequences of doing nothing, and the signal we send to the community — that we don’t care, we are not concerned, we can’t be bothered to even look into the matter, we are afraid to act, we are complicit in the misconduct, and we put personal interests before the public good. 

 

 

1) HJR 16-23  — requesting the Secretary of Homeland Security in accordance with CNMI Delegate Gregorio Sablan to delay implementation of the effective date of the transition period applying the Immigration and Nationality Act to the CNMI under U.S. Public Law 110-229 (Rep. Diego Benavente + 2).  The resolution notes that no appropriations have been made yet for implementation of PL 110-229; the rules and regulations for the new federal immigration program have not yet been published with only a few months remaining until the proposed June 1, 2009 effective date; new concerns have arisen regarding the status of CNMI permit holders, including immediate relatives, should they have to exit the Commonwealth for any reason and seek reentry; and U.S. Public Law 110-229 authorizes the Secretary of Homeland Security to delay the transition program effective date for a period not to exceed 180 days.  

 

I supported the resolution.  Considering the significance and complexity of the changes to be implemented under U.S. Public Law 110-229, and in light of the information we have available to us (or the lack thereof), it seems prudent to seek the additional time that is already authorized under the law to ensure as smooth a transition as possible to federal immigration control.  I also considered that having a new U.S. administration and a new Delegate to U.S. Congress could present new opportunities for dialogue and repaired relations between the CNMI and the federal government that could further facilitate this transition.  Moreover, if the governor’s ill-advised lawsuit against the federal government gets thrown out of court sooner rather than later, then a delay in the transition program effective date could also mean additional time for more open and direct communication between local and federal government officials than we have had since the lawsuit was filed in September.      

 

2) H. Comm. Res. 16-69 — Expressing the sympathy and condolences of the House of Representatives to the bereaved family of the late Honorable Marty Wayne Kendall Taylor on the occasion of his untimely passing and to pay fond tribute to his contributions to the Commonwealth (Rep. Arnold Palacios + others)

 

3) H. Comm. Res. 16-70: Conveying the sincere condolences and sympathy of the House of Representatives to the bereaved family of the late Police Major Antonio Kisa Mesngon, on the occasion of his untimely passing and paying tribute to his services to the people of the Commonwealth and fond memory (Rep. Vic Hocog)

 

4) HR 16-76 — respectfully requesting Delta Airlines/Northwest Airlines to reconsider its decision to reduce flights from Japan to Saipan, and expressing the commitment of the House of Representatives to engaging in dialogue and negotiations with the airlines, Marianas Visitors Authority, Commonwealth Ports Authority, and other agencies to work out a feasible solution (Rep. Diego Benavente + 14).     

   

5) HR 16-78 — to honor Dr. Jean Paul Chaine for the many contributions he has made to the people of the Commonwealth and for his continued dedication to assisting countries and island communities in the Asian Pacific Region (Reps. Joseph Deleon Guerrero and Justo Quitugua)

 

 

 

1) HJR 16-24 — supporting the passage of U.S. House Resolution 934, introduced by CNMI Delegate Gregorio C. Sablan before the U.S. Congress.  H.R. 934 seeks to convey to the CNMI the submerged lands in the three-mile area surrounding the CNMI.  Referred to the Committee on Federal and Foreign Relations. 

 

2) HR 16-75  — requesting CNMI Delegate Gregorio C. Sablan to advocate the application of the Federal Unemployment Compensation Act and its benefits to the residents of the Commonwealth (Rep. Justo Quitugua + 3).  Referred to the Committee on Federal & Foreign Relations.

 

3) HR 16-77 — to recognize and commend the Marianas Public Lands Trust and its Trustees for their proactive efforts in assisting borrowers in its MPLT Home Loan Portfolio, as an Economicaly Targeted Investment, in passing MPLT Resolution 09-01 affording debt relief to the borrowers in the program (Rep. Vic Hocog).  Referred to the Special Committee on Housing (see announcements, below). 

 

 

 

1) SCR 16-69 – recommending the passage of Senate Legislative Initiative 16-10, HS1, to amend Article X of the Constitution of the CNMI by amending Section 7 to require the reduction of government employment and to add a new section 10 to authorize the Commonwealth to issue pension obligation bonds.

 

2) SCR 16-71 – recommending the passage of HB 16-139, to transfer the administrative functions of the Government Health and Life Insurance Program to the Department of Finance by amending the Retirement Fund Act.

 

3) SCR 16-72 — recommending the passage of HB 16-111,HD1, to authorize the Dept of Public Safety, to regulate private ambulance services, compliance and response time, etc.   

 

4) SCR 16-73  – recommending the passage of HB 16-138, to transfer administrative functions of the Workmen’s Compensation Law to the Dept of Commerce.

 

1) Saipan & Northern Islands Legislative Delegation Session today, Wednesday, March 4 at 9:30am in the House Chamber – The main purpose of this session is apparently to confirm members to the Zoning and SHEFA boards.  At the time of this writing, at approximately 4pm on March 3, I have just received required confirmation documents for the nominations, but no committee reports yet.  Mr. Isidoro T. Cabrera, Ms. Herminia M. Fusco, Mr. Henry S. Hofschneider, Dr. Elizabeth D. Rechebei have all been reappointed by the Governor to the the Zoning Board.  Ms. Magdalena Camacho and Ms. Josephine T. Sablan have all been appointed by the Mayor to the SHEFA board.  The agenda for the session is attached.      

 

2) House session today, Wednesday, March 4 @ 1:30pm in the House Chamber – The draft agenda is attached. I am hopeful that it will include overriding the governor’s veto of the FY 2009 budget before we do anything else. 

4) Speaker appoints Special Committee on Housing.  The Special Committee was created in response to a briefing with the Northern Marianas Corporation director and board, followed by a letter from the NMHC director urgently seeking financial assistance from the Legislature to avert a default with the USDA Rural Development 502 and 504 home lending programs. Members of the special committee include: Vice Speaker Rep. Joseph Deleon Guerrero (chair), Frank Dela Cruz, Victor Hocog, Oscar Babauta, and myself. 

 

5) The petition for mandamus, declaratory and injunctive relief, and other relief, which seeks a court order for disclosure of records related to funding sources and contracts for Governor Fitial’s lawsuit against the federal government, was filed in Superior Court on Friday, February 27.  The defendants named are Governor Benigno Fitial, Acting Attorney General Gregory Baka, and Secretary of Finance Eloy Inos.  The petition is attached.