This is to inform you that per my conversation with Assistant Attorney General Brad Huesman this morning, the Office of the Attorney General expects to turn over requested documents related to the Governor’s federalization lawsuit, at exactly 5:00pm at the Legislature today, August 31, 2009.

Mr. Huesman will meet me at the Legislature building at that time.  You are all welcome to be there as well.

Attached to this post is a letter delivered today to the CEC Chair, the CEC Executive Director, and the Attorney General formally protesting emergency regulations approved last week.

Objection to CEC Regulations.08.31.2009.pdf (35 KB)

Please comment on this post if you have any questions.

Notice of Emergency and Adoption of Amendments to the CECs Regs[1].pdf (176 KB)

HSCR15-006.Election Law.pdf (23 KB)

pl15-07.Election Law.pdf (62 KB)

2009-SCC-0031-CIV (Slip Opinion 2009 MP 11).pdf (68 KB)

2009-SCC-0031-CIV (Judgment).pdf (14 KB)

SB 16-60 ABC Act.pdf (472 KB)

Here are the highlights from the House sessions held last week on August 10 and 13:

 

 

 

1)  House Bill 16-208, SD1, HD1 – introduced by Reps. Justo Quitugua, Oscar Babauta, and David Apatang, this bill proposes to amend Public Law 15-108, which presently allows foreign national nursing graduates of the Northern Marianas College to be employed in nursing positions at the Department of Public Health and waives the minimum 2-yrs experience required for foreign national nurses to work in the Commonwealth, provided that these graduates are hired on or before December 31, 2009.  The bill would further allow private medical clinics to hire these NMC nursing graduates.  

 

The bill was amended by the Senate to further clarify that U.S. citizens and local permanent residents shall be given first preference for employment, to cap the number of foreign national nursing graduates who may be hired under that subsection at 100, to require that these foreign national nurses shall be treated as local hires without employer-provided benefits mandated for all other foreign national workers, and to allow these employment contracts to be renewed annually subject to all applicable labor laws.  

 

I expressed concerns about the part of the Senate amendment regarding employer-provided benefits for these foreign national nursing graduates, and asked if the intent and effect of the amendment was to prohibit such benefits for these foreign national nurses, including medical coverage and repatriation expenses.  Would the government then be responsible for these expenses?    

 

Some members, and particularly Reps. Diego Benavente and Dave Apatang, said that the intent of Senate amendment was to simply equalize benefits provided to foreign national nurses and resident nurses, and did not bar employers and prospective foreign national nurses from negotiating for their benefits.  Others, including Reps. Frank Dela Cruz, Ed Salas, and myself thought the language was unclear and might create further complications. Rep. Dela Cruz described the Senate amendment as "discriminatory" and asked why we would single out nurses, of all the occupations in the CNMI.  Rep. Benavente said that singling out nurses was a policy call that the Legislature could make, and argued that doing so would be a good start towards ensuring that residents are offered equal benefits in all occupations. 

 

I noted that Public Law 15-108 already clearly states that employers are no longer required to provide housing, food, and transportation benefits for foreign national employers, and reiterated my concern that what is required of employers who hire foreign national workers – such as medical coverage and responsibility for repatriation tickets — would seem to no longer be required for employers who hire foreign national nurses, under the Senate amendment.  I again asked, who would be responsible for these expenses if the bill is signed into law and employers opt not to cover medical expenses or repatriation costs?  

 

I then offered an amendment to delete the language prohibiting foreign national nurses from receiving benefits that are required for all other foreign national workers.  A voice vote was initially taken and the Speaker ruled that the amendment had been defeated.  I then requested that a roll call vote be taken, and the amendment passed.  Six members voted against the amendment: Reps. Edwin Aldan, Ray Palacios, Diego Benavente, Ralph Torres, Stanley Torres, and David Apatang.  Ten members voted in favor of the amendment: Reps. Frank Dela Cruz, Oscar Babauta, Ed Salas, Ray Yumul, Joseph Deleon Guerrero, Vic Hocog, Rosemond Santos, Heinz Hofschneider, Arnold Palacios, and myself.  Rep. Justo Quitugua was absent for the vote; Reps. Reps. Joseph Reyes, Ray Tebuteb, and Joseph Camacho were absent for that session.  

 

We then moved on to a vote on the bill itself.  All 15 members present voted yes on the bill, myself included; Rep. Stanley Torres voted no.  Rep. Dave Apatang was absent for the vote; Reps. Joseph Camacho, Joseph Reyes, and Ray Tebuteb were absent for the session.

 

Update:  In the Senate session held on August 14, this bill failed to pass.     

 

 

 

1)  SCR 16-89 –  reporting on Senate Bill 16-45, which was introduced by Sen. Jude Hofschneider and which proposes to amend 4 CMC Section 5941(a) to abolish the security deposit requirement for long term business certificate applicants.  The committee recommends the passage of a House substitute bill instead.  However, substantial technical errors were discovered in both the Senate bill and the House substitute, namely that both bills apparently propose to amend a section of the code that had been amended during the 15th legislature, and these recently-enacted changes had not been taken into account in either bill.  REFERRED BACK TO COMMITTEE ON COMMERCE & TOURISM. 

 

2)  SCR 16-91 – recommending the passage of House Bill 16-167, HD3, which was introduced by Rep. Joseph Deleon Guerrero, and which proposes to remove the housing benefit for government officials who opt not to live in public housing.  ADOPTED — BILL IS PLACED ON CALENDAR FOR ACTION.

 

3)  SCR 16-92  – recommending the passage of House Bill 16-178, HD1, which was introduced by Rep. Joseph Camacho and which proposes to repeal and replace Title 6, Division 5, Chapters 1 and 2 and create a comprehensive juvenile justice system.   ADOPTED — BILL IS PLACED ON CALENDAR FOR ACTION

 

4)  SCR 16-94 – recommending the passage of HB 16-210, HD1, which was introduced by Rep. Rosemond Santos and which proposes to restructure the Qualifying Certificate Program by repealing and reenacting the Investment Incentive Act.   ADOPTED — BILL IS PLACED ON CALENDAR FOR ACTION.

 

5)  SCR 16-95 – recommending House concurrence with the Judicial Branch's proposed addition to the Commonwealth Rules of Civil Procedure regarding mortgage foreclosure proceedings.  ADOPTED.

 

6)  SCR 16-96 – recommending the passage of House Legislative Initiative 16-18, HD1, which was introduced by Reps. Joseph Deleon Guerrero, Edwin Aldan, David Apatang, Oscar Babauta, Diego Benavente, Joseph Camacho, Francisco Dela Cruz, Victor Hocog, Heinz Hofschneider, Ray Palacios, Justo Quitugua, Ray Tebuteb, Ralph Deleon Guerrero, and Stanley Torres, and which proposes to amend Article XI, Section 5(g) of the Constitution to authorize the Dept of Public Lands to use up to 20% of its revenues to pay and satisfy land compensation claims.  ADOPTED — BILL IS PLACED ON CALENDAR FOR ACTION.

 

7)  SCR 16-97 –  recommending the passage of H.B. 16-222, which was introduced by Rep. Diego Benavente and which proposes to repeal Public Law 15-42 in its entirety.  Public Law 15-42 sought to establish an infrastructure task force to develop a comprehensive infrastructure plan for the Commonwealth.  The Committee on Judiciary and Governmental Operations found that attempts to convene the task force had been unsuccessful "due to various reasons," and moreover found that the current administration already had in place a Governor's Infrastructure Task Force that involved many of the same agencies that had been assigned to the task force created under PL 15-42.  ADOPTED — BILL IS PLACED ON CALENDAR FOR ACTION. 

 

8)  SCR 16-98 – recommending the filing of Senate Bill 16-42, which was introduced by Sen. Jude Hofschneider and which proposed to establish an aquaculture park on Tinian.  The committee found that the area eyed for the aquaculture park in the bill had already been designated as such through a memorandum of agreement between the Commonwealth Ports Authority and the Office of the Mayor of Tinian.  The bill, therefore, was moot.  ADOPTED — BILL WAS FILED.

 

9)  SCR 16-99 – recommending the passage of House Bill 16-219, HD1,which was introduced by Rep. Joseph Deleon Guerrero and which proposes to designate Laulau Bay as a boat launching site to facilitate quicker response times for emergencies located on the eastern coastline of Saipan.  ADOPTED — BILL IS PLACED ON CALENDAR FOR ACTION.

 

10)  SCR 16-100 – recommending the filing of House Bill 16-98, which was introduced by Rep. Ray Tebuteb and which proposes to amend Title 2, Division 5, Chapter 6 of the code by adding a new section to establish recreational fishing license fees.  The Committee found that current law already authorizes the Director of Fish and Wildlife to promulgate rules and regulations for the issuance of recreational hunting and fishing licenses, including fees.  ADOPTED — BILL WAS FILED.

 

11)  SCR 16-101 –  recommending the passage of Senate Bill 16-23, which was introduced by Sen. Paul Manglona and which proposes to reduce unemployment among resident workers by encouraging them to work under contracts for services to the government for capital improvement projects that pay the employees under such contracts at least the prevailing U.S. minimum wage.  ADOPTED — BILL IS PLACED ON CALENDAR FOR ACTION. 

 

12)  SCR 16-102 – recommending the passage of H.B. 16-254, which was introduced by Rep. Stanley Torres and which proposes to provide for an additional Trustee from the Commonwealth Association of Retired Persons (CARP) to the Board of Trustees of the Retirement Fund. 

 

I expressed concerns about the committee report, which did not indicate whether any of the obvious stakeholders (namely the Retirees Association and the Fund Board) had been consulted prior to the committee's recommendation for passage of the bill.  It became evident to me that no one had been consulted, and I asked that we not act on the report yet until such consultation had occurred.  Rep. Hofschneider said that "in a way" the retirees had been consulted because this was a bill that they had been requesting for many years; Rep. Stanley Torres said there was no need to consult with the Retirement Fund Board as his proposal involved a policy call that the Legislature had the prerogative to make, and he said that having a retiree on the Board would ensure that there is at least one person who would be more likely to represent the interests of the retirees.

 

I noted that all Fund Trustees should represent the interests of the retirees, and have a fiduciary duty to protect the Fund.  I also said that if members were concerned that the Board members appointed by the Governor and confirmed by the Senate were not truly acting in the interests of the retirees and the Fund, then perhaps our issues lay more with a lack of due diligence in the appointment and confirmation processes (a concern that was in fact just recently underscored by the Senate's quick confirmation of a new Fund Board member, despite nominations and recommendations submitted by the Retirees Association).  I understood the rationale in wanting to require at least one retiree to be appointed to the Board, but was less sure about the committee's specific recommendations.   It was my understanding that the old association of retirees (CARP) had been disbanded and that a new one (CRA) had just recently formed.  I said I was unsure how organized the new association was, or even if they were officially chartered yet (I knew the retirees had been working towards that), and thought it would be important to address such questions first before moving forward with efforts to amend the law.

 

Most members, however, were apparently less concerned with these issues and moved to adopt the committee report.   The committee report was adopted and the bill has been placed on the calendar for action.  I voted no to the adoption of the report.   

    

13)  SCR 16-103 – recommending the passage of House Bill 16-230, which was introduced by Rep. Ray Tebuteb and which proposes to amend Title 6, Section 2223 to provide the Dept of Public Safety with the authority to dispose of all firearms within its custody and to require DPS to promulgate rules and regulations for the fair and safe disposition of all firearms within its custody.  ADOPTED — BILL IS PLACED ON CALENDAR FOR ACTION.

 

14)  SCR 16-104 –  recommending the filing of House Bill 16-218, which was introduced by Rep. David Apatang, and which proposed to amend 9 CMC Section 8210(a) to increase fines to deter motorists from driving without the mandatory liability insurance, to authorize the impoundment of vehicles of persons in violation of liability insurance requirements, and to authorize the forfeiture of such vehicles after the 3rd offense.  The committee felt that the current fines and penalties are sufficient.  Rep. Apatang argued against the filing of the bill, and pointed out that driving without insurance is a serious risk and problem and there should be heavier penalties for the offense.  I asked if the Department of Public Safety or any other agencies had been consulted on the bill, and the committee members said no.  The Speaker then ruled that the bill and committee report would be referred back to the Committee on Judiciary and Governmental Operations for further review and consultation.  REFERRED BACK TO COMMITTEE.   

 

15)  SCR 16-105 — recommending the passage of House Bill 16-157, which was introduced by Rep. Joseph Reyes, and which proposes to establish an Incompetency Determination Act.  ADOPTED — BILL IS PLACED ON CALENDAR FOR ACTION.    

 

16)  SCR 16-106 –  recommending the passage of House Bill 16-160, which was introduced by Rep. Justo Quitugua and which proposes further restrict double-dipping of government retirees by clarifying that a person who has retired and received retirement benefits from the government shall not be employed by or under an employment or consulting contract with nonprofit organizations, agencies, and offices that receive any funding from the legislature.  I expressed some concerns about the language of the bill itself, and asked whether it was the intent that retirees shall not be employed with nonprofit organizations or other entities, even if their salaries were drawn entirely from funding sources other than local government funding sources, i.e., through outside grants, merely because that organization received some portion of its funds through local appropriations.  A few members, and particularly Rep. Joseph Deleon Guerrero, agreed that the language in the bill itself could be further clarified, but urged that the committee report be adopted and that an amendment to the bill could be prepared and introduced on the floor.  The members generally agreed.  ADOPTED — BILL IS PLACED ON CALENDAR FOR ACTION.     

 

17)  SCR 16-107 – recommending the passage of House Bill 16-38, which was introduced by Rep. Ray Palacios, and which proposes to place the Office of Personnel Management under the control of the Civil Service Commission.  ADOPTED — BILL IS PLACED ON CALENDAR FOR ACTION.

 

18)  SCR 16-108 – recommending the passage of House Bill 16-116, which was introduced by Rep. Ray Yumul, and which proposes to establish standard guidelines for employees on military leave pursuant to the Uniformed Services Employment and Reemployment Rights Act.  ADOPTED — BILL IS PLACED ON CALENDAR FOR ACTION.

 

19)  SCR 16-109 – recommending the passage of House Bill 16-238, which was introduced by Reps. Ralph Torres and Ray Palacios, and which proposes to amend 4 CMC Section 50144(b) to increase fines to deter retailers from selling tobacco products to minors.  ADOPTED — BILL IS PLACED ON CALENDAR FOR ACTION.

 

20)  SCR 16-110  – recommending the passage of House Bill 16-122, which was introduced by Rep. Oscar Babauta and which proposes to repeal Division 4 of Title 1 of the Commonwealth Code, which established the Office of the Washington Representative.  ADOPTED — BILL IS PLACED ON CALENDAR FOR ACTION.

 

21)  SCR 16-111 – recommending the filing of House Bill 16-197, which was introduced by Rep. Ray Yumul, and which proposes to amend 1 CMC Sections 8536 through 8539 to allow public officials and employees who are CNMI licensed attorneys to appear as advocates or counsels before Commonwealth courts and government agencies.  The Committee on Judiciary and Governmental Operations found that the bill would create serious ethical problems, including conflicts of interest, a finding that was supported by comments submitted by the CNMI Bar Association.  ADOPTED — BILL WAS FILED.

 

22)  SCR 16-112 – recommending the passage of House Legislative Initiative 16-23, which was introduced by Rep. Frank Dela Cruz and Rep. Stanley Torres, and which proposes to amend Article III, Section 11 of the Constitution to authorize the election of an Attorney General.  ADOPTED — BILL IS PLACED ON CALENDAR FOR ACTION.

 

23)  SCR 16-113 – recommending the passage of a House Substitute for Senate Bill 16-27, SS1, which was introduced by Sen. Paul Manglona, and which proposes to require all contractors to be licensed in the CNMI.  Rep. Joseph Deleon Guerrero requested that the members defer action on the bill, as it had come to the attention of the Commerce and Tourism Committee that there was a newly-organized Contractors Association which had requested time to review the bill and submit their comments.  The members agreed.  ACTION DEFERRED. 

 

 

 

1)  House Resolution 16-94  — recognizing and commending Dr. Vicente Sablan Aldan for his achievements and community service to the people of the Commonwealth and for his success at the Saipan Health Clinic and the Saint Jude Renal Care Facility.  (Rep. Ralph Torres +1).  PLACED ON RESOLUTION CALENDAR

 

2)  House Resolution 16-95 — conveying the sincere condolences and sympathy of the House of Representatives of the 16th Northern Marianas Legislature to the bereaved family of the late Dr. Rita Hocog Inos (Rep. Vic Hocog + 11) 

 

3)  House Resolution 16-96  — to pay tribute to the late Dr. Rita Hocog Inos for all her passion, dedication, achievements, contributions, and commitment to the CNMI Public School System and the Northern Marianas College.  (Rep. Vic Hocog + 11)

 

4)  House Resolution 16-97  — expressing appreciation to Mr. Marcelino "Max" B. Aguon for his hard work and dedication in maintaining the beachside area along Sugar Dock to Aquarius Beach Hotel and promoting and educating the people on issues of environmental cleanliness and tourism awareness to the frequent visitors of the area.  (Rep. Ray Palacios +3)

 

5)  Senate Joint Resolution 16-13, SD1 — in honor of the United States National Guard and Reserve forces and recognizing the support provided to them by their private and public sector employers as they serve our country. 

***

 

Rep. Ray Yumul expressed dismay at the Governor's latest declaration of a state of emergency for CUC.  He suggested that there should be a legislative investigation to determine whether or not the emergency declarations were really necessary, and further suggested that I should be tasked with reviewing the matter and reporting back to the members, if Rep. Victor Hocog, Chair of the PUTC Committee, did not object.  Rep. Hocog then announced that he had in fact already requested a meeting with CUC Director Mr. Tony Muna to review exactly that issue — the meeting is scheduled for Thursday, August 20 @ 10:30am in the Speaker's Conference Room.  

 

Rep. Yumul then informed the members that another meeting had been arranged with the Marianas Public Lands Trust board at their next official board meeting, to discuss issues related to funds that had been transferred to CUC, particularly for Aggreko and other expenses.  That meeting is scheduled for Friday, August 21, at 9am in the MPLT Conference Room, located at the Morgan Building in San Jose.  

 

***

This is to announce the following:

 

1)  Townhall Meeting with U.S. Congressman Gregorio Kilili Sablan — tonight, Tuesday, 6pm-8pm at the Kagman High School Cafeteria. 

 

2)  Joint legislative briefing on Retirement Fund Judgment  (Civil Action 06-0367)– Tuesday, August 25, 2009 at 2pm in the House Chamber.  The briefing with the Fund's Negotiating Team, chaired by Mr. Pedro Dela Cruz, is intended to be a starting point for negotiations.    

 

3)  Joint legislative meeting with staffers of the U.S. Senate Energy & Natural Resources Committee  – Thursday, August 27 @ 10am in the House Chamber.  Senate staffers Mr. Isaac Edwards and Mr. Al Stayman are expected to attend.    

Thanks very much and have a great week,

 

04REG 2ndDay 08-13-2009 FINAL.doc (121 KB)

Senate Session.08.14.09.pdf (114 KB)

04REG 2ndDay 08-13-2009 DRAFT.doc (121 KB)

This is to remind you that our U.S. Congressman Gregorio Sablan will be holding a series of townhall meetings this week and next week on Saipan, Rota, and Tinian.  The purpose of these meetings is to give the people of the CNMI a chance to voice their concerns and ask questions about Rep. Sablan's work in U.S. Congress.  

 

All townhall meetings will start at 6pm and end at 8pm, and will be held on the following days:

 

1)  Thursday, August 13 on Rota at the Rota Roundhouse;

 

2)  Friday, August 14 on Saipan at the Multipurpose Center in Susupe;

 

3)  Monday, August 17 on Tinian at the Tinian Elementary School Cafeteria; and

 

4)  Tuesday, August 18 on Saipan at the Kagman High School Cafeteria.

 

For more information, contact Congressman Sablan's office at 323-2647/8 or email kilili@mail.house.gov. 

 

This is to announce that the House session scheduled for Friday, August 7 @ 1:30pm has been rescheduled for Monday, August 10 @ 1:00pm in the House Chamber. 

 

04REG 1stDay 08-07-2009 FINAL.doc (121 KB)

 

Dear friends,

 

This Sunday, August 9, 2009 beginning at 3:00pm at the Garapan Fishing Base across Kristo Rai Church, there will be an historic gathering of diverse groups consisting of both nonresidents and U.S. citizens from throughout our community, to welcome the visiting U.S. Congressional Delegation hosted by our U.S. Congressman Gregorio Sablan. 

 

The purpose of this assembly is to appeal to the delegation to support legislation granting improved status for the thousands of guest workers, immediate relatives, FAS citizens, CNMI permanent residents, stateless citizens born in the CNMI between 1974 and 1978, and others who presently face uncertain status.  The future status of these members of our community bears enormous implications for the future of the CNMI's families, workforce, and businesses, and for our efforts to build a stronger, more sustainable, and more democratic commonwealth.  

 

We welcome and urge all who support the cause for improved status to come and be counted at this momentous event.    

 

Kudos to the Saipan City Taxi Association for offering free transportation going to the assembly! Pickup points will be in front of the Pacific Islands Club and in front of Aqua Resort at 30-minute intervals starting from 1:00pm until 3:00pm.  Carpooling is also encouraged.  Those interested in donating drinking water or other supplies may call 989-3306.  Please wear white and bring an umbrella.

 

Thanks very much, and we hope to see you on Sunday.