Here are the highlights from the House sessions held on November 16 and December 3-4, 2009:
HOUSE BILLS INTRODUCED (NOT ON AGENDA)
- HB 16-282 – to amend the Board of Professional Licensing's licensing requirements by repealing and reenacting Chapters 1 and 2 of Division 3, Title 4 of the Commonwealth Code (Rep. Ray Tebuteb)
- HB 16-283 – to authorize the Department of Public Safety to properly dispose of abandoned vehicles in its custody (Rep. Frank Dela Cruz)
- HLB 16-47 – to reappropriate the sum of $10K from Tinian Local Law 16-4 to pay for cellular phone services, advertising promotions in Hafa Adai magazine, and the Taga Cultural Association (Rep. Edwin Aldan)
- HLB 16-48 – to reappropriate $50K from section 2(c) of Saipan Local Law 14-31 (the Kannat Tabla Quarry Fence Project) for the Saipan Higher Education Financial Assistance (SHEFA) for Northern Marianas Trade Institute students applying for financial assistance (Rep. Rosemond Santos)
HEALTHCARE CORPORATION ACT, HB 16-9, HS1, SD2 — PASSED BY THE HOUSE, NOW WITH THE GOVERNOR
Introduced in the 16th legislature by Reps. Heinz Hofschneider and Arnold Palacios, this bill has been many years (over a decade) in the making. The final legislation that was ultimately transmitted to the Governor after the session on December 3 is the product of extensive consultations during the drafting process with the Department of Public Health (including a healthcare consultant retained by DPH, Dr. Don Bader) and the Governor's legal counsel, Mr. Joel Bersma; public hearings held throughout the islands; debate on the floor in both chambers; and debate in the committee meetings and joint House/Senate meetings.
As public corporations go in the CNMI, the healthcare corporation would be unique, as there was a conscientious effort to incorporate best practices for public healthcare corporations and lessons learned from our history with public corporations, which often translated into balancing acts — between, for example, the powers and scope of responsibilities of the Board and the Governor, between the ex officio board members and the members appointed by the Governor,and between the board and the Attorney General (with respect to procuring in-house counsel). This landmark legislation should be viewed as only the beginning of a long-term and complex effort to restructure the CNMI's healthcare system with the goals of achieving independent, professional management of our healthcare system; financial accountability; financial self-sufficiency to the greatest extent possible; and improved quality and accessibility of healthcare services for the community.
All fourteen members present voted yes to this bill, myself included. Reps. Justo Quitugua, Joseph Deleon Guerrero, Ray Palacios, Ralph Torres, Vic Hocog, and Heinz Hofschneider were absent.
NO BUDGET YET FOR FISCAL YEAR 2010
During the session on November 16, the House rejected the Senate substitute bill for the budget, with all 17 members present voting no to the bill, myself included; Rep. Stanley Torres abstaining; and Reps. Oscar Babauta and Heinz Hofschneider absent.
A major point of contention with the Senate substitute bill is the inclusion of austerity Fridays. My own concern with respect to that particular means of cutting costs is the inherent and often politically-motivated unfairness, impracticality, and negative effects on productivity that come with implementing a government shutdown for one full day a week. Moreover, the governor's insistence on 64-hour work weeks seems to fly in the face of the numerous communications we have received from him regarding new vacant positions, including, most recently, vacancies for various administrative positions, and a Special Assistant for Political Affairs. If the administration is sincere about controlling government spending, it must begin with the obvious and stop hiring nonessential employees.
A House conference committee was appointed by Speaker Arnold Palacios during the session on November 16, and included Reps. Ray Yumul, Justo Quitugua, Edwin Aldan, and Vic Hocog. After several weeks of delay, apparently due to a lack of response from the Senate committee to the House committee's request for a meeting, the first joint conference committee meeting was finally scheduled for today, Friday, December 18 at 10:30am in the Speaker's Conference Room.
A budget is difficult to pass in any year, but even more so in the remaining weeks before the end of one legislature and the beginning of the next. Under the CNMI Constitution, between the date of a general election and the beginning of the next legislature's term, all appropriations bills require the approval of 3/4 of the members in both houses in order to pass.
BUDGET UPDATE: The joint conference committee voted at its first meeting today to dissolve itself and leave the FY 2010 budget to the 17th legislature.
Special Assistant for Administration/Acting Special Assistant for Management & Budget Esther Fleming represented the administration at the meeting. She informed the members that a shortfall of $12million was anticipated for the first quarter of Fiscal Year 2010, of which $7million was due to hemodialysis costs (many patients are being sent off-island for care as the CNMI lacks a nephrologist, she said) and $2million for other medical referral expenses; if the trend continues, the CNMI would be facing a projected shortfall of $48million for FY 2010. Estimated resources are also expected to be lower than originally reported, Ms. Fleming said, but no official updates are available yet. Senator Pangelinan clarified that the "shortfall" really refers to unauthorized overexpenditures during a period of continuing resolution. Upon further questioning, Ms. Fleming indicated that she was unaware of any federal stimulus funds being transferred to the general fund to support operations; and also urged for the adoption of austerity Fridays.
Rep. Dave Apatang then offered a motion to dissolve the joint conference committee, explaining that he felt that the 16th legislature was unlikely to pass a budget, since most members of the 16th House oppose the administration's proposal to reinstate austerity Fridays. Senator Paul Manglona, chair of the Senate conference committee, said that the 16th legislature could at least consider cost-cutting measures before the end of the term, such as no holiday pay starting after January 1, and austerity Fridays every other Friday (rather than every Friday, as proposed by the Governor) and prepare a set of recommendations for the next legislature as well. The other members generally agreed to this proposal. Rep. Oscar Babauta, for his part, said that the next legislature should be careful not to pass any more unfunded mandates.
During the public comment period of the committee meeting, I said I opposed deferring action on the budget and leaving it to the 17th legislature — to do so would be irresponsible, and a cop-out, given the fiscal crisis. We should at least try, while we are still in office, to control government spending, and pass a tangible set of recommendations to the next legislature to consider in the event that we do fail to pass a fiscally responsible budget. I offered suggestions for cost-cutting measures, beginning with a government-wide desk audit; shutting down duplicative or nonessential offices and programs; terminating vehicle leases for elected officials; reducing the operational accounts of legislators; not creating new Special Assistant positions or filling nonessential positions; terminating nonessential government contracts, including the contract with Jenner & Block if it hasn't been terminated already; and suspending compensation for all boards and commissions. I also said that it was worth noting that most of the overexpenditures for the first quarter of the fiscal year were due to medical referral expenses, but meanwhile the hospital has over $118M in receivables, mostly from government health insurance and Medicare. I suggested that the administration prioritize outsourcing billings and collections at the hospital.
I further agreed with Rep. Babauta's suggestion that no more unfunded mandates should be passed by the legislature, and said that we should therefore recall the unfunded mandate to increase retirement benefits that we just approved and sent to the governor during the House session a couple of weeks ago — House Bill 16-68, SD1 (see notes below). And finally, I urged that the administration initiate a reduction in force. Procedures for an orderly reduction in force are spelled out in the civil service regulations, with civil service employees being the last to be cut. A reduction in force has never been undertaken in the history of the CNMI, I said, but we have also never faced a fiscal crisis of this magnitude before.
Ways & Means Chair Rep. Ray Yumul was the only member of the joint conference committee to vote no to Rep. Apatang's motion to dissolve the committee and give up on the effort to pass a budget before the end of the term. The other members in attendance were Rep. Dave Apatang (substituting for conference committee member Rep. Justo Quitugua, who was absent); Rep. Oscar Babauta (substituting for Rep. Edwin Aldan, who was also absent); Senator Paul Manglona; and Senator Frica Pangelinan.
REVISED CHILD ABUSE ACT OF 2009, HB 16-269 — PASSES BY THE HOUSE, GOES TO SENATE
Introduced by Rep. Rosemond Santos and drafted in collaboration with the Attorney General's Office, this bill proposes to update and broaden the scope of the child abuse statute. Changes would include the removal of antiquated terms such as "molestation"; the addition of varying degrees of sexual abuse of minors"; and the extension of the definition of "child abuse" to include not only actions taken against children in a person's "custody" but also actions by persons in a "position of authority" over a child. The act would also criminalize actions that intentionally interfere with the reporting of child abuse, in addition to the criminal acts of failing to report child abuse.
Chief Criminal Prosecutor George Hasselback from the Attorney General's Office, who had helped draft the bill, testified in support of the legislation during the session on December 4, and answered questions from the members. The bill was passed unanimously by all 13 members present, myself included; Reps. Justo Quitugua, Joseph DLG, Heinz Hofschneider, Vic Hocog, Ralph Torres, Stanley Torres, and Diego Benavente were absent.
HOUSE RULES FOR COMPLIANCE WITH THE OPEN GOVERNMENT ACT, HR 16-103 – ADOPTED
Introduced by myself, House Resolution 16-103, to amend the rules of the House of Representatives to comply with the Open Government Act, effective December 7, 2009, was adopted by all twelve members present during the session on December 4. The members agreed to suspend Rule XVI, which requires the approval of a supermajority of the members to change the rules, because a supermajority of members was not present during the session and the law was scheduled to go into effect on Monday, December 7, or 30 days after the date of the election. Seven members were absent — Reps. Justo Quitugua, Joseph Deleon Guerrero, Heinz Hofschneider, Vic Hocog, Ralph Torres, Rosemond Santos, and Joe Reyes; Rep. Stanley Torres abstained from voting.
BILL TO AMEND RETIREMENT FUND TRUST BOARD MEMBERSHIP, HB 16-254, HD1 – PASSES HOUSE
Introduced by Rep. Stanley Torres, the original bill proposed to add an eighth trustee to the Retirement Board of Trustees who would be a member representing the Commonwealth Association of Retired Persons. The bill was prompted primarily by concerns expressed by retirees and others about the individuals being appointed by the governor and confirmed by the Senate without proper vetting or a review of their qualifications, and often disregarding the recommendations of the retirees whose interests are supposed to be protected. The bill was amended on the floor to require that one of the seven board members should be nominated by "a chartered and incorporated organization representing retirees." Mr. Juan M. Sablan, Chair of CRA and Ms. Val Alepuyo, legal counsel for the Retirement Fund, were both invited to offer testimony on the floor on the amended bill and answer questions from the members. Mr. Sablan said he supported the bill as amended as it would ensure that at least one person on the board would carry the confidence of the retirees. Ms. Alepuyo indicated that the board of trustees had no objection to the bill, and noted that the individual representing retirees would be held to the same standards of fiduciary care as the other members of the board and would also have to consider concerns of other Fund members, including persons with disabilities and government employees not yet eligible to retiree.
The bill passed with 14 members voting yes, myself included; Rep. Joe Reyes abstaining; and five members absent (Reps. Ray Yumul, Joe Camacho, Vic Hocog, Heinz Hofschneider, and Oscar Babauta).
BILL TO ALLOW RECOMPUTATION OF RETIREMENT BENEFITS, HB 16-68, SD1 – PASSES HOUSE; GOES TO GOVERNOR
The original version of the bill was introduced by Rep. Joseph Camacho, and proposed to allow retirees who opted out of government health insurance coverage to enroll in that plan at full cost. The original bill was supported by the Fund trustees, retirees, Aetna, and most, if not all, members of the House. The Senate then inserted a rider to amend Section 8392 of PL 15-70 to allow retirees who are re-employed by the government to have their retirement benefits recomputed based on reemployment services. The Fund trustees noted that recomputation would be an added benefit for which no independent source of funding had yet been identified. They further pointed out that the proposed benefit would be subject to approval by initiative pursuant to PL 15-70, and that the legislature had not consulted with the Fund's actuary to determine whether or not the proposed benefit is fiscally sound.
I agreed with the trustees, and urged for the rejection of the Senate amendment. Reps. Dave Apatang and Diego Benavente argued in favor of the amendment, and said that recomputation was a practice in the past, and that retirees are entitled to recomputation if they are reemployed by the government. I said the Retirement Fund crisis demands that we abandon practices of the past that have harmed the solvency of the Fund, and allowing recomputation of benefits following reemployment was one such practice that had eliminated in the first place through PL 15-70 for good reason.
In the end, the amended bill passed anyway with Reps. Oscar Babauta, Diego Benavente, Ray Palacios, Stanley Torres, Edwin Aldan, Rosemond Santos, and Arnold Palacios voting yes; Frank Dela Cruz, Joseph Reyes, Ed Salas, Ray Tebuteb, Joe Camacho and I voting no; and Reps. Ray Yumul and Dave Apatang abstaining. Reps. Justo Quitugua, Joseph DLG, Heinz Hofschneider, Vic Hocog, and Ralph Torres were absent.
BILL TO ESTABLISH A HOMESTEAD PROGRAM IN THE NORTHERN ISLANDS, HB 16-146, HS1, SD1 — PASSES HOUSE
Introduced by Rep. Justo Quitugua, this bill proposes to establish a village and agricultural homestead program in the Northern Islands and to initiate and promote economic development in the islands north of Saipan through long-term commercial land leases to sustain permanent settlements. The bill was amended by the Senate to require that homestead applicants be residing in the Northern Islands for at least one year and be registered to vote in Northern Islands elections for at least three years prior to applying.
I said that I could not in good conscience oppose this bill knowing that 1) there is no basic infrastructure whatsoever in the Northern Islands to support residential or commercial development; 2) no plan nor funding to build such infrastructure; 3) no comprehensive land use plan, despite the Department of Public Lands' constitutional mandate to adopt one; and 4) public safety concerns due to continuing volcanic activity. The Northern Islands represent the last pristine area left in the Northern Marianas, I said, and any kind of proposed development there should be considered and planned for carefully, or else we run the risk of destroying that place forever.
The bill passed anyway with eight members voting yes to this bill; and Reps. Ed Salas, Ray Tebuteb, Ray Yumul, and I voting no. Eight members were absent — Reps. Edwin Aldan, Heinz Hofschneider, Justo Quitugua, Joseph Deleon Guerrero, Joseph Reyes, Ray Palacios, Ralph Torres, and Vic Hocog.
BILL TO AMEND NOTARY PUBLIC ACT, HB 16-268 – PASSES HOUSE
Introduced by Rep. Stanley Torres, this bill was withdrawn from Committee on Judiciary & Governmental Operations (JGO) and placed on the calendar. The bill proposes to change the term of office to four years (up from two), and to increase the minimum age of a certified Notary from 18 to 21. The bill also proposes to require that only U.S. citizens or U.S. green card holders could serve as notaries; that all notaries must provide notarial services to any member of the public; to remove the requirement that the mayors act as agents for accepting service of process on the notary's behalf; and to mandate that all notaries who are employed by either the United States or the CNMI government shall not demand or receive any fees for notarial services performed at any time.
Because there was no committee report, I requested that Rep. Torres explain on the record why the changes to the Notary Public Act were necessary. Rep. Torres said there was no reason why the mayors should act as agents for notaries, and declined to explain the rest. There was some discussion about whether or not CNMI permanent residents would still be allowed to serve as notaries under the proposed changes; Rep. Torres indicated that it was his intent to exclude them but again would not explain why. This bill passed with twelve members voting yes; I was the only member to vote no; and 7 members were absent (Reps. Ed Salas, Justo Quitugua, Joseph DLG, Ray Palacios, Ralph Torres, Vic Hocog, and Heinz Hofschneider).
BILL TO REINSTATE MARIANAS POLITICAL STATUS COMMISSION, HB 16-171 – FAILS TO PASS
Introduced by Rep. Stanley Torres, this bill was withdrawn from the JGO Committee and placed on the calendar at Rep. Torres' insistence and because, according to the Floor Leader, Rep. Torres was "kicking" him under the table. The bill proposed to create the Second Marianas Political Status Commission to reexamine our relationship with the United States, and to determine whether continuation of commonwealth status is in the best interests of the people of the Northern Mariana Islands, or whether some other political status would better enable us to fulfill our aspirations for full and meaningful self-government.
Unfortunately, few members seemed interested in engaging in full and meaningful debate prior to the vote, prompting Speaker Palacios to observe that such a monumental proposal should elicit at least some discussion from the members on the record. For his part, the Speaker said that he hoped the bill was not just a reaction to current challenges related to federalization, and he noted that the first Marianas Political Status Commission involved a long and extensive process of careful research, negotiations, and public discussion. Rep. Diego Benavente said that his "concern is reality" — a new political status commission would be both costly and unrealistic. The CNMI can't afford independence from the United States, he said, and we should still pursue opportunities that exist as a result of our relationship with the U.S. I expressed dismay with the complete lack of public education about Rep. Torres' proposal, and said that there should have at the very least been public hearings on the bill before we would even think about taking a vote on it in the legislature.
In the end, the bill failed to pass. Because it included a $200,000 appropriation for the commission, it would have required the approval of 3/4 of the members. Reps. Diego Benavente, Frank Dela Cruz, Rosemond Santos, Arnold Palacios, Joe Reyes, Dave Apatang, and I voted no; Reps. Edwin Aldan, Oscar Babauta, Joe Camacho, Ray Tebuteb, Stanley Torres, and Ray Yumul voted yes; and Reps. Ed Salas, Justo Quitugua, Joseph DLG, Ray Palacios, Ralph Torres, Vic Hocog, and Heinz Hofschneider were absent.
GUARDIANSHIP ACT, HOUSE BILL 16-158 PASSES HOUSE; GOES TO SENATE
Introduced by Rep. Joseph Reyes, this bill proposes to provide for the appointment of a guardian for incompetent persons, while preserving the right of those persons to participate as fully as possible in all decisions that would affect them and the opportunity to exercise those rights that are within their comprehension and judgment. This bill was endorsed by the Northern Marianas Protection & Advocacy Systems (NMPASI), and recommended for passage by the Committee on Judiciary & Governmental Operations. All 13 members present voted yes to this bill, myself included; Reps. Justo Quitugua, Joseph DLG, Ray Palacios, Vic Hocog, Ralph Torres, Ed Salas, and Heinz Hofschneider were absent.
FIREARMS DISPOSAL ACT, HOUSE BILL 16-230 — PASSES HOUSE; GOES TO SENATE
Introduced by Rep. Ray Tebuteb, the original version of this bill proposed to authorize the Department of Public Safety to dispose of the firearms in its armory by any lawful means, including by sale or auction. The bill was prompted by a finding that DPS "has within its custody and control an extremely large volume of firearms as a result of its storage of weapons that have been seized or turned over to the DPS Armory for the past several years," and the number of firearms poses a significant burden to DPS.
Our action on this bill came just days after the shooting tragedy that shook the entire community and claimed the lives of several people, including children. I expressed deep concern about the prospect of circulating more guns in the community when serious questions remain about the capacity of our local law enforcement agencies to properly regulate and monitor the guns that are already out there. In their remarks, Reps. Joe Reyes, Diego Benavente, Rosemond Santos, and Oscar Babauta emphasized the right to bear arms and the 2nd amendment, and pointed out that DPS would only be selling legal firearms — i.e., .22 and .223 caliber rifles and .410 shotguns. I responded that there is nothing in the constitution that requires the government to actively circulate more guns in the community, and nothing that requires that the government get into the business of selling firearms as a means of generating revenue. During the recess, some members discussed amending the bill to delete the language authorizing the sale or auction of firearms by DPS.
We deferred action on the bill and invited Attorney General Buckingham Buckingham to the chamber during the session on December 4 to testify. Mr. Buckingham expressed strong reservations about the proposal to authorize DPS to sell firearms from its armory, and urged the members to find a safer means of generating revenue for the government. He further said he would have no objections to the bill if it were amended to require that DPS dispose of the firearms in its armory by safely destroying them, rather than by sale or auction.
The bill was subsequently amended to delete references to sale or auction of firearms by DPS, and to expressly provide that DPS was authorized to dispose of firearms only by safely destroying them. Thirteen members present voted yes to the amended bill, myself included; Rep. Joe Reyes voted no. Six members were absent: Reps. Justo Quitugua, Joseph DLG, Heinz Hofschneider, Vic Hocog, Ralph Torres, and Stanley Torres.
MUNICIPAL COUNCIL WRITE-IN ELECTION BILL, HB 16-281, WITHDRAWN
Prefiled by Rep. Stanley Torres on October 6, 2009, this bill proposed to allow write-in candidates for the Municipal Council in the event there are fewer official candidates than there are positions open, which was indeed the case for the Saipan municipal council in the 2009 election. However, since there was no session until November 16 — after the election — Rep. Torres said he preferred to simply withdraw the bill and wait to reintroduce it in the 17th legislature.
ACTION ON COMMITTEE REPORTS
- SCR 16-117, recommending passage of HB 16-158, to establish a Guardianship Act — ADOPTED.
- SCR 16-118, recommending passage of HB 16-173, HD1, the Natural Death Act, amended to be renamed the Family Care Act — ADOPTED. This bill proposes procedures for adults to exercise their right to control decisions rendering their own medical care.
- Special Committee Report 16-2, Oversight Hearing Report on the Commonwealth Health Center – ACTION DEFERRED, pending the return of Health, Education, & Welfare Committee Chair Rep. Ralph Torres. During the session on December 3, I noted that some of the deadlines stipulated for certain responses from the Department of Public Health had already lapsed.
OTHER RESOLUTIONS ADOPTED
- HR 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 Saipanealth Clinic and the Saint Jude Renal Care Facility (Rep. Ralph Torres)
- HR 16-101 – recognizing and commending Mr. Candido "Soughulmwar" Babauta Taman for his exceptional achievements in the promotion and preservation of the Marianas and Micronesian language and cultural heritage through his composition and production of songs, and for bringing regional distinction and honor to the people of the CNMI (Rep. Justo Quitugua)
- HR 16-102
- HCR 16-95 – conveying the sincere condolences and sympathy of the House of Representatives to the bereaved family of the late Honorable Jose Lujan Chong on the occasion of his untimely passing and to pay tribute to his invaluable service as a medical practitioner and community leader (Rep. Arnold Palacios)
- HCR 16-96 – conveying the sincere condolences and sympathy of the House of Representatives to the bereaved family of the late Honorable Herman T. Palacios on the occasion of his untimely passing and paying tribute to his services to the people of the Commonwealth (Rep. Joseph DLG +9)
- HJR 16-31 – expressing the support of the House of Representatives for the approval of a salary schedule for the Office of the Public Auditor. The new salary schedule was developed by OPA during its strategic planning sessions with the goal of recruiting and retaining highly qualified staff and improving staff reationships. Pursuant to 1 CMC Section 2305(a), the Legislature must approve the salary schedule. (Rep. David Apatang+4)
- SJR 16-14 – respectfully requesting that the United States Congress amend a provision of the Food, Conservation, and Energy Act of 2009, or that the Secretary of Agriculture waive the same to benefit small farm producers in the western Pacific (Sen. Pete Reyes)
For questions or comments, I can be reached at 664-8931 or 285-3935, or by email at
tinasablan@gmail.com .
Thanks very much,
Tina Sablan
House of Representatives
16th CNMI Legislature
PO Box 500586
Saipan, MP 96950
Tel: (670) 664-8931
Cel: (670) 285-3935
Please feel free to share this information. To be removed from this list, please email
tinasablan@gmail.com .
"The citizen can bring our political and governmental institutions back to life, make them responsive and accountable, and keep them honest. No one else can." – John Gardner
Posted via email from Tina Sablan