Attached in this email is the final agenda for the House session held on September 8, 2009, delivered to the members that morning. Here are the highlights of that session:
BILLS INTRODUCED ON THE FLOOR (NOT ON AGENDA)
- HB 16-270 – to earmark $1.6M in MPLT revenues for the Rota Gaming Commission for personnel costs and for contractual obligations of the Commission for FY 2010 (Rep. Vic Hocog)
- HLB 16-44 — To appropriate $10,000 from the local license fees collected from pachinko slot machines and poker machines in the First Senatorial District for the Rota Liaison Office under the expenditure authority of the Mayor of Rota. (Vic Hocog)
- HLB 16-45 — to name an existing unnamed Road off of Tapochau Road "Chief Aiken Trail," after the late Peter Steve "Chief" Aiken, who initiated the removal and disposal of WWII unexploded ordnance in the Northern Marianas in the early 1970s. (Rep. Joseph Reyes +3)
- HR 16-98 – Expressing the appreciation of the House of Representatives to Mr. and Mrs. Luis Reyes and children for their hard work and dedication in volunteering their time in maintaining our community and coaching and educating our youth in the ongoing "Rotary Youth Basketball League" (Rep. Ray Palacios)
SMOKE FREE AIR ACT PASSES HOUSE
After several public hearings, numerous public comments, extensive debate in both the House and the Senate, several amendments on the floor and subsequent conference committee meetings, both the House and the Senate finally passed House Bill 16-47, HD2, SD1, CCS1, the Smoke Free Air Act. The bill was introduced by Rep. Justo Quitugua in February last year, and received strong support from local public health officials and public health advocacy groups, and in the end, strong support from legislators in both chambers. Fourteen members voted yes to this bill: Reps. Dave Apatang, Oscar Babauta, Diego Benavente, Frank Dela Cruz, Joseph Deleon Guerrero, Vic Hocog, Ray Palacios, Justo Quitugua, Ed Salas, Ray Tebuteb, Ralph Torres, Ray Yumul, Arnold Palacios, and myself. Rep. Stanley Torres abstained, and five members were absent: Reps. Joseph Reyes, Heinz Hofschneider, Joseph Camacho, Edwin Aldan, and Rosemond Santos.
The passage of this legislation represents a major and progressive step towards protecting and enhancing public health in our community. The bill now sits on the Governor's desk for signature.
BILL TO REMOVE HOUSING/UTILITIES BENEFITS FOR TOP ELECTED OFFICIALS WHO OPT NOT TO LIVE IN GOVT HOUSING FAILS TO PASS
Introduced by Rep. Joseph Deleon Guerrero, this bill was amended several times before it was eventually returned to its original form — that is, to clarify that top elected officials (the Governor, Lt. Governor, Speaker of the House, and Senate President) who are presently authorized by law to obtain government housing during their terms shall not be eligible to receive housing benefits inclusive of utilities in the event that they opt not to live in government houses. Rep. Dave Apatang was one of the more vocal opponents of this bill, and he argued that the highest elected officials should have a decent and presentable residence because they often host visiting dignitaries; since the current government houses are at present totally dilapidated and uninhabitable, Rep. Apatang said that we should allow these top elected officials to avail of the benefit in their private residences.
I supported the bill, and argued that its purpose was not to take away any privileges, but simply to close a loophole in the law that had, sadly, been abused. I also said that if it is important to the members of the legislature to ensure that government houses for top elected officials are decent and respectable, then we should appropriate funds for the rehabilitation and renovation of those buildings. We should not limit ourselves to only seeing the public houses in their current condemned and neglected state. Those houses are historic buildings, and may qualify for federal grants for historic preservation, as well as grants for energy retrofits and renewable energy that could make those buildings great models for the community — we could urge the administration to explore such options, rather than continue to neglect the buildings.
The bill failed, however. Eight members voted against it: Reps. Dave Apatang, Diego Benavente, Frank Dela Cruz, Vic Hocog, Ralph Torres, Oscar Babauta, Ray Palacios, and Stanley Torres. Seven members voted in favor: Reps. Joseph Deleon Guerrero, Justo Quitugua, Ed Salas, Ray Tebuteb, Ray Yumul, Arnold Palacios, and myself. Five members were absent: Reps. Joseph Reyes, Rosemond Santos, Heinz Hofschneider, Edwin Aldan, and Joseph Camacho.
BILL TO REDUCE PACHINKO SLOT MACHINE FEES FAILS TO PASS
Introduced by Rep. Ray Tebuteb by request, this bill proposed to lower the annual fee for pachinko slot machines from $6,000 to $2,000. The Committee on Ways and Means had recommended the passage of the bill, finding that reducing the license fee for pachinko slot machines would encourage more amusement businesses to offer these machines in their establishments and in turn "entice more visitors" to these establishments, which would in turn "translate to more license fee revenue and jackpot winning taxes for the general fund."
Members in support of the bill noted that there is "one investor" who is waiting for this bill to pass who is prepared to pay $300,000 in licensing fees if the fees are reduced. I objected to both the bill and the findings of the committee, and called on members who seriously believed that more pachinko slot machines would bring more tourists to say so for the record. I, for one, knew that that "one investor" who happened to have hundreds of pachinko machines lying around would actually profit handsomely off of our people, and I didn't understand why any of us would be comfortable with that, knowing as we do how poker addiction has severely hurt our community. I also agreed with the comments submitted by the Chamber of Commerce, and read into the record their statement that "it is inappropriate for the legislature to tinker with established fees in direct response to a request from a single company. Such action on the part of the legislature furthers the impression that the Commonwealth's business environment is unstable and that laws, regulations, and fees are driven more by well-connected investors than by a coherent legislative vision that equitably forms the framework for conducting business in our islands."
The bill did not pass. Six members voted yes to the bill: Reps. Oscar Babauta, Ray Tebuteb, Stanley Torres, Vic Hocog, Ray Palacios, and Joseph Deleon Guerrero. Eight members voted no: Reps. Dave Apatang, Diego Benavente, Frank Dela Cruz, Justo Quitugua, Ed Torres, Ralph Torres, Arnold Palacios, and myself. Rep. Ray Yumul abstained. Five members were absent: Reps. Joseph Reyes, Heinz Hofschneider, Rosemond Santos, Edwin Aldan, and Joseph Camacho.
REQUEST FOR HOUSE DIRECTIVE TO WAYS & MEANS TO OBTAIN CERTAIN FINANCIAL RECORDS RELATED TO FEDERALIZATION LAWSUIT
I submitted a formal request to the members of the House to direct the Ways & Means Committee to obtain certain financial records related to the Governor's lawsuit against the federal government. The letter summarizes the records that were released pursuant to the Open Government Act, and asks that the Ways & Means Committee exercise its legislative authority to obtain and inspect the records that are apparently missing, and also the two types of documents that were withheld by the courts as privileged due to the Governor's ongoing litigation — namely, the engagement letter with Jenner & Block, and the detailed billing invoices. These records were withheld by the courts, I explained, because they revealed litigation strategy, and although they would not be available to the public under the Open Government Act, the legislature certainly had the authority to review them. Indeed, the administration had explicitly acknowledged before the courts that the legislature had not only the right, but the responsibility, to review those documents. I further said that we had an obligation as legislators to closely scrutinize the public expenses incurred thus far as a result of the lawsuit, and the implications of the lawsuit for the FY 2010 budget and as a matter of policy.
The letter, identified as House Communication 16-120, is attached in this email. The members agreed to refer the matter to the Ways & Means Committee for review. The Speaker ordered the committee to report back to the House on its recommendations within 3 days — i.e., by Friday, September 11, 2009.
BILL TO REQUIRE LICENSING FOR ALL CONTRACTORS IN THE COMMONWEALTH — PLACED ON CALENDAR
Standing Committee Report 16-113 recommends the passage of a committee substitute for Senate Bill 16-27, SS1. The purpose of the bill is to establish a licensing requirement for all contractors operating in the Commonwealth in order to protect public health, safety, and the general welfare in "dealing with persons engaged in the construction industry and to provide the public protection against the incompetent, inexperienced, unlawful, and unfair practices of contractors with whom they may contract." The bill would further add a new member to the Board of Professional Licensing to represent contractors, and names the Building Safety Official from the Department of Public Works as an ex-officio member. The committee report and bill are both attached in this email.
RESOLUTIONS ADOPTED
1) House Joint Resolution 16-28, HS1 — requesting U.S. Congressman Gregorio Kilili Sablan to support and petition for the reclassification of the Nightingale Reed Warbler from the U.S. Fish and Wildlife endangered species list in the CNMI. Rep. Stanley Torres stated that the reed warbler population has increased greatly, and that he sees and hears them everywhere he drives around the island. He also said that the bird is an impediment to economic development on the island, is "killing him," and that he wants to "make Kilili work." Rep. Dave Apatang agreed, and said that "instead of working on health issues, Kilili should be helping Congressman Torres" with his efforts to reclassify the bird. Some members asked for clarity in the language of the resolution, and minor amendments were adopted. Vice Speaker Joe Deleon Guerrero objected to the resolution entirely, and said that the resolution amounted to a request to circumvent an established process for assessing species populations and determining whether or not they should be reclassified. I noted that resolutions reflect the wisdom and priorities of the legislature, and that I was appalled that we would even consider asking our U.S. Congressman to help persuade federal scientists to relax protections on an endangered species based on one member's drive-by population assessment. If the resolution passed, I said we would only expose ourselves to public ridicule, and urged that the resolution be referred to committee and that we invite U.S. Fish and Wildlife and Division of Fish and Wildlife officials to give us a science-based assessment of the status of the bird species.
Nonetheless, the resolution passed. Nine members voted yes to this bill: Reps. Dave Apatang, Oscar Babauta, Diego Benavente, Frank Dela Cruz, Vic Hocog, Ray Palacios, Ralph Torres, Justo Quitugua, and Stanley Torres. Six members voted no: Joseph Deleon Guerrero, Ed Salas, Ray Tebuteb, Ray Yumul, Arnold Palacios, and myself. Five members were absent: Joseph Reyes, Heinz Hofschneider, Edwin Aldan, Rosemond Santos, and Joseph Camacho.
2) House Resolution 16-91 – to request the Department of Public Lands to designate 30 hectares of public land on Tinian, 30 hectares of public land on Rota, and ten hectares of public land on Saipan as Free Trade Zones to be administered by the mayors of the respective islands and to transfer fee simple interest of such public lands to each respective municipality. Introduced by Rep. Vic Hocog. I was the only member to vote against this resolution, and argued that we should first re-examine Public Law 12-20, the Free Trade Zone Act before moving forward with a legislative request to DPL to create free trade zones (FTZs). I noted that there is at this time no functioning Free Trade Zone Authority, as mandated by the Act, which would be responsible for assisting businesses in coordinating with regulatory agencies, receiving applications for free trade zones, issuing licenses, identifying/designating additional free trade zones in the CNMI in collaboration with the Commonwealth Ports Authority, the Board of Public Lands (now DPL) and other agencies, and regulating operations within the FTZs. Even if DPL agrees to designate land for the purposes of establishing FTZs, there would be no agency properly empowered to actually administer and regulate those FTZs. Members responded generally with, "This is only a request," and further suggested that passing the resolution might prompt the appointment of members to the Free Trade Zone Authority.
3) House Commemorative Resolution 16-93 — To honor Chief Warrant Officer Francisco Palacios upon his well-deserved retirement for the many contributions he has made to the security of our nation and particularly the CNMI through his dedication, commitment, and service in the U.S. Coast Guard. (Rep. Joseph Deleon Guerrero + 3)
4) House Joint Resolution 16-29 — commending and expressing the support of the 16th CNMI Legislature to Mr. David J. Sablan and Mrs. Consolacion D. Sablan for the development of homes and condominiums on Property Tract No. 21951, in San Vicente, Saipan. Introduced by Reps. Ray Tebuteb and Joseph Reyes, this resolution commended Mr. and Mrs. Sablan for partnering with "strong financial investors" to develop a condominium complex on their private property, and for conducting a feasibility study, preparing a conceptual plan and construction budget, and reviewing "all the laws and regulations of the Commonwealth." The resolution will be transmitted primarily to regulatory agencies, including the Department of Lands and Natural Resources, the Historic Preservation Office, the Division of Environmental Quality, the Saipan Zoning Office, the Coastal Resources Management Office, and the Department of Public Works. I was the only member to vote against the resolution. I said that I simply did not know enough about the proposed project and the partnering investors, nor did I know where the project would even be located and whether it was truly compatible with the surrounding environment and would be in compliance with existing laws. I also expressed concern about the appearance of applying any political pressure upon the regulatory agencies to approve this project or expedite the permitting process.
***
ANNOUNCEMENT
The Senate Federal Relations & Independent Agencies Committee and the House Committee on Federal & Foreign Relations have called for a joint meeting tomorrow, Thursday, September 10, 2009 @ 10am in the Senate Chamber. The purpose of the meeting is to "support our Washington Delegate," Congressman Gregorio Sablan, and "collectively develop a viable plan of action geared at affecting additional delay in the implementation of the federalization law."
***