ADOPTED ON 06/27/08
THE SENATE • SIXTEENTH LEGISLATURE • COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS
Senate Journal FIRST REGULAR SESSION, 2008 SJ 16-004
Fourth Day Thursday February 21, 2008
The Senate of the Sixteenth Northern Marianas Commonwealth Legislature convened in its Fourth Day, First Regular Session, on Thursday, February 21, 2008, at 10:45 a.m., in the Senate Chamber, Capitol Hill, Saipan, Commonwealth of the Northern Mariana Islands.
The Honorable Pete P. Reyes, President of the Senate, presided.
A moment of silence was observed.
The Clerk called the roll. All Nine (9) members were present.
President Pete P. Reyes: With all Nine (9) members present, we establish a quorum to conduct the session.
READING AND APPROVAL OF THE JOURNAL
1. SJ 16-02 - ADOPTED
Chair recognized Floor Leader Hofschneider.
Floor Leader Jude Hofschneider: Mr. President, we have Senate Journal 16-02.
President Pete Reyes: Motion has been made for the adoption of Senate Journal 16-02. Any seconds?
Several members seconded the motion.
President Pete Reyes: Discussion on the motion?
Several members voiced, “ready”.
President Pete Reyes: None.
All in favor of the motion say, “aye”.
Several members voiced, “aye”.
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All opposed say, “nay”.
Motion has been carried by voice vote.
MESSAGES FROM THE GOVERNOR
1. Gov. Msg. No. 16-31: February 04, 2008 – Certification for vacant position of Special Investigator with the Office of the Attorney General.
2. Gov. Msg. No. 16-32: February 07, 2008 – Enclosing copies of resume, statement of financial interests, drug test receipt and drug test result of Mr. Alejo M. Mendiola, Jr., appointed to serve as a member of CPA.
3. Gov. Msg. No. 16-33: February 08, 2008 – Signed into law SB No. 15-104, SD1, HD1, entitled, “To amend 10 CMC §2219 to provide stricter penalties for those that do not comply with the curfew law; and for other purposes,” becomes PUBLIC LAW NO. 15-129.
4. Gov. Msg. No. 16-34: February 19, 2008 – Extension of Emergency volcanic activity on Anatahan.
5. Gov. Msg. No. 16-35: February 13, 2008 – Delegation of Authority – Lt. Governor Timothy Villagomez as Acting Governor from February 14, 2008 to March 04, 2008.
6. Gov. Msg. No. 16-36: February 12, 2008 – Certification for annual salary in excess of $50,000.00 for Dr. Shirish K. Balachandra, Physician at CHC.
7. Gov. Msg. No. 16-37: February 12, 2008 – Certification for vacant position for one Physician (Family Medicine) at DPH.
8. Gov. Msg. No. 16-38: February 14, 2008 – Disapproval of S.L.B. No. 15-03 entitled, “To enact the Charter for the Municipality of Tinian and Aguiguan.”
President Pete Reyes: Any discussion from the members? None.
COMMUNICATIONS FROM THE JUDICIARY: (NONE)
COMMUNICATIONS FROM HEADS OF EXECUTIVE DEPARTMENTS
1. Dept. Msg. No. 16-06: February 08, 2008 – Certification for vacant positions for three investigators, six analysts and an attorney with the Office of the Public Auditor.
2. Dept. Msg. No. 16-07: February 12, 2008 – DCCA regarding unenthusiastic impact on passing of Governor’s proposal for FY 2008.
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3. Dept. Msg. No. 16-08: February 13, 2008 – Department of Labor regarding First Interim progress report on implementation of PL 15-108.
4. Dept. Msg. No. 16-09: February 14, 2008 – Director of Training – Office of the Governor regarding Personal training record.
5. Dept. Msg. No. 16-10: February 14, 2008 – Director of Training – Office of the Governor regarding Training planner.
6. Dept. Msg. No. 16-11: February 19, 2008 – Office of the Public Auditor regarding upcoming presentations on “Fiduciary Irresponsibility Foils Economic Development.”
President Pete Reyes: Discussion on the Communication.
Chair recognized Senator Mendiola.
Senator Joseph Mendiola: Mr. President, on the Messages to the Public Auditor certifying vacant positions for three (3) investigators and six (6) analysts. According to the news media either it was yesterday or sometime this week the 1% that we’re exempting. There’s a bill from the House to exempt CUC from the 1% so it can have enough funds to out meet whatever shortage of funds for CUC. I wonder if at this point in time with the economic downturn and the dwindling funds of the CNMI, if it’s wise to hire three (3) investigators and six (6) analysts. Maybe this may be too much. Maybe just one (1) analyst or two (2) investigators to observe. We were just discussing earlier in the Senates commitment in saving as much revenue as possible to change the venue from the Multi- Purpose to the Legislature. I just wonder if we can bring this attention to the Public Auditor to at least wait until next fiscal year not totally not hire all these people, but at least do it on an increment stage. That’s all, Mr. President.
President Pete Reyes: Thank you. Any further discussion from the members? Senator, your concern is well taken. I will call the Public Auditor and maybe set up a meeting with the members of the Senate and I will make that note. Please Tony, take note of that and remind me after this session so that we can write to the Public Auditor.
COMMUNICATIONS FROM THE SENATE
1. Sen. Comm. No. 16-02: February 19, 2008 – From the Office of Senator Luis P. Crisostimo regarding Petition for Public Health Assessment.
President Pete Reyes: Discussion? None.
COMMUNICATIONS FROM THE HOUSE
1. Hse. Comm. No. 16-03: February 13, 2008 – Transmitting for Senate action
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H.B. No. 16-23, entitled, “To appropriate $2,158,129.51 for the payment of claims incurred prior to privatization of the CNMI Government Group Health and Life Insurance Trust Fund, and for other purposes.”
2. Hse. Comm. No. 16-04: February 13, 2008 – Certified copy of House Commemorative Resolution No. 16-1, entitled, “Conveying the sincere condolences and sympathy of the House of Representatives to the bereaved family of the late Honorable Antonio Shimabukuro Borja on the occasion of his untimely passing and to pay fond tribute to his memories.”
3. Hse. Comm. No. 16-05: February 13, 2008 – Certified copy of H.R. No. 16-5, entitled, “To recognize Ms. Bree Reynolds and Mr. Dough Reynolds for their numerous contributions to the Commonwealth community.”
4. Hse. Comm. No. 16-06: February 13, 2008 – Certified copy of H.R. No. 16-7, HD1, entitled, “Congratulating the Rotary Club of Saipan on its 40th Anniversary and commending the organization for its outstanding work and contributions to the Commonwealth community.”
President Pete Reyes: Discussion by the members? None.
COMMUNICATIONS FROM THE WASHINGTON REPRESENTATIVE:
1. Wash. Rep. Comm. No. 16-04: February 11, 2008 – Offering assistance to NMC on its accreditation challenges.
President Pete Reyes: This is on the NMC accreditation. Any members wish to comment on this? None.
UNFINISHED BUSINESS (NONE)
INTRODUCTION OF BILLS, INITIATIVES, LOCAL BILL& RESOLUTIONS: (NONE)
BILLS:
1. Senate Bill No. 16-17: To amend Public Law No. 14-37 regarding the CNMI Honor Scholarship Program. (SEN. PAUL A. MANGLONA – 02/14/08)
2. Senate Bill No. 16-18: To require physicians to carry malpractice insurance. (SEN. HENRY H. SAN NICOLAS – 02/20/08)
3. Senate Bill No. 16-19: To amend PL 15-2 to codify its provisions as a new chapter 14 of Part 1, Div. 2, Title 1 of the Commonwealth Code and to give mayors of each municipality, Saipan, Rota, Tinian and Aguiguan, and the Northern Islands an
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opportunity to affect the disposition of public lands in their respective municipality. (SEN. HENRY H. SAN NICOLAS – 02/20/08)
4. Senate Bill No. 16-20: To grant a two-year reprieve to homesteaders at risk of losing their homestead permit. (SEN. HENRY H. SAN NICOLAS – 02/20/08)
5. Senate Bill No. 16-21: To amend 4 CMC § 1803(d) to provide for the usage of interest income that is transferred from MPLT to DOF. (SEN. JOSEPH M. MENDIOLA – 02/21/08)
6. Senate Bill No. 16-22: To amend Parts of 1 CMC 6101 ET SEQ., the NMI Election Law. (SEN. PAUL A. MANGLONA – 02/21/08)
INITIATIVES:
LOCAL BILLS: (See below)
RESOLUTIONS:
1. Senate Resolution No. 16-02: Expressing satisfaction on the performance of Legislative Director Joaquin P. Omar and to allow him to remain as director for the duration of his current employment contract. (SEN. MARIA FRICA T. PANGELINAN – 02/21/08)
2. Senate Resolution No. 16-03: Expressing concern fro the social and economic well- being of the Commonwealth in the absence of accommodating the concerns of the Commonwealth Government, community and business leaders with respect to H.R. 3079; and respectfully requesting (1) additional opportunity to allow the Commonwealth Government, community and business leaders to work with the U.S. Committee on Energy and Resources on H.R. 3079 and (2) a Government Accounting Office report on the intent, implementation and possible socio-economic impact H.R. 3079 will have to the Commonwealth before final action on the bill is taken. (SEN. FELIX T. MENDIOLA – 021/08)
Floor Leader Jude Hofschneider: Mr. President, under introduction of bills, we have Senate Bill 16-17 – to amend Public Law 14-37 regarding the CNMI Scholarship Program. We also have Senate Bill 16-18 – to require Physicians to carry out malpractice insurance. We have Senate Bill 16-19 – to amend Public Law 15-02 to codify each provision as a new chapter 14 of Part 1 Division 2 Title 1 of the Commonwealth Code and to give Mayors of each municipality (Saipan, Rota, Tinian, Aguiguan, & the Northern Islands) an opportunity to affect the dispution of Public Lands in their respective municipality. There’s Senate Bill 16-20 – to grant a two-year reprieve to homesteaders at risk of losing their homestead permit. And Senate Bill 16-21 – to amend 4 CMC § 1803(d) to provide the usage of interest income that is transferred to the Marianas Public Lands Trust to the Department of Finance and for other purposes. So move, Mr. President. No further under the introduction of bills.
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President Pete Reyes: Discussion on the bills. I believe these bills will be later on assigned to committees. Initiatives?
Chair recognized Senator Manglona.
Senator Paul Manglona: Mr. President, I would like to formally introduce Senate Bill 16-22 – to amend parts of 1 CMC 6101 on the Northern Mariana Islands Election Law. I would like to formally introduce this. Thank you.
President Pete Reyes: Thank you, Senator. Any further bills?
Chair recognized Senator Mendiola.
Senator Joseph Mendiola: Mr. President, I would just like to briefly summarize on my bill, which is 16-21. I would like to urge the members to look at this bill, because it’s a very important bill for the local indigenous population on the CNMI. The bill that is being amended on this 16-21 is to --- historically the CNMI Section (d) has been there since I believe the beginning of the Commonwealth Code and it specifically says to be appropriated. This interest declared by the Board of Public Land is to be appropriated by the Legislature for Health Services. I have not recalled any in the past that was sent to the Legislature except for the 2007 budget that specifically was appropriated for Public Health from this interest earned by MPLT. So, my amendment it to simply change this revenue and be directed to the Local Municipal Delegations (Saipan, Tinian, & Rota) and it’s ¼ for each Tinian and Rota and 50% for Saipan, specifically for indigenous programs. We’re facing the imminent passage of the federalization in the U.S. Congress and I think it’s about time that we take these funds and start training our local indigenous population to be part of the development of the CNMI and provide them with skill be it through NMC or any kind of job training program it will be put to good use. Again, this is specifically for people of the Northern Marianas descent. In the past it was supposed to be appropriate by the Legislature for Health Services of people of the Northern Marianas descent and now we are just changing it to make sure that it goes directly to the Northern Marianas descent. I understand Mr. President, that we have to send this to the respective committee and I am willing to work whoever the committee that we are going to assign this to promptly come up with a more detailed if need be to make sure that at the end of the day we pass these benefits to the local indigenous population. Thank you, Mr. President.
President Pete Reyes: Thank you. Good point.
Chair recognized Senator Manglona.
Senator Paul Manglona: Mr. President, I believe they just passed out copies of Senate Bill 16-22, which I introduced. Please allow me to briefly explain the purpose of this bill and that I urge the committee who will be assigned this legislation to please work on this bill so that we can promptly put it to a vote on the floor. The first part of the bill is actually to remove the requirement to come up with reasons why you need to vote off-island. People come up with all kinds of excuses just to be able to vote absentee and they shouldn’t really have to come up with excuses. If they’re not going to be on island on Election Day, they don’t have to lie that they have to go for medical reasons or
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whatever just to be allowed to vote. They should be allowed to vote, because they’re not going to be on island and they don’t need to come up with any reason. The other part is that, if you’re a voter from Rota or Tinian for example, and you’re going to be on Saipan during Election Day they have a different requirement for somebody who is on Guam and for somebody who is on Saipan and will not be in Rota. If you’re staying on Guam, they allow you to vote absentee up to one week before the election. If you’re staying on Saipan, they don’t allow you to vote even one month or three weeks before the election. If there’s a different deadline requirement I don’t think that should be the case. In fact, it’s further away to fly to Rota from Saipan than to Guam, yet they have a more stringent requirement if you’re on Saipan and this is because it’s one Commonwealth. But I think that if you’re not going to be on Tinian, if you’re not going to be in Rota, that they should have the same requirement as a person living on Guam, because you still need to catch a plane. So that legislation tells the Board of Election to have the same requirement if you’re not going to be at the Senatorial District that you’re going to be voting on. The other thing here Mr. President, is a lot of times our voters off-island, they would fax a request for absentee ballots and their ballots never arrive on time for the election. Some of these students there would call the Board and say, “hey, is my name there, did you receive my fax to be sent a ballot”, and they will not get an immediate answer. So, they don’t know whether the ballot is on the way. What this would do is require the Board of Election to publish at a government building on a daily basis a list of the students’ names that have been sent a ballot so that if they have a brother or sister out here they can go and check the name. Even on a website, check if their names are there to be sent a ballot. We don’t need to put other detail information just to show that so and so has been sent a ballot, so the student doesn’t have to worry ahead of the deadline to meet the postmark before Election Day. So, this would require the Board of Election to be updated on their listing of the off-island voters so that the students would know that when they fax a document it’s acknowledged and the ballot is coming to them. The other part also in this bill is if you’re an independent candidate, they don’t allow you for an observer. This one basically says, unless your municipal council which is nonpartisan or Board of Election which is nonpartisan if you’re running for political office they allow you an observer if you’re running for major office. The other thing also is the counting of the ballots. I know that we have discussed this with the Director and some of the Board of Election members and they say that we need to count all the ballots on Saipan. I agree with that, because every vote should have the same weight, but the problem is if it’s a local election like the Mayor, where only the people of Rota, people of Saipan, or the people of Tinian would vote for that Mayor, then these offices should be counted on Rota also on Election Day. They don’t need to be brought here and counted on the election machine, because nobody on Saipan is voting for the Mayor of Rota. I know the uniformity issue, but for the local offices, we should be able to count them on Rota and I think it’s going to prevent situations in the future where a helicopter flies to Rota and an accident occurs, then we’re going to have another election because the ballots went down or there might be a typhoon and for two days we won’t have an airplane or helicopter flying to Rota to bring the ballots. I think the local offices should be counted on Rota so we know the results and the ballots for the Governor, Washington Rep., and other Commonwealth initiative should be brought here at a later date even one or two days later after the typhoon. For the local offices, we should be able to count them on Rota by hand count or if they have the machine, then we’ll do it by the machine, but we shouldn’t require that even the local offices be counted by the machine, because there’s no machine we’d have to bring it here, because only the people of that district will be voting. So, these are some of the major changes that are brought forth by this bill and I hope that the committee will look into this. Thank you.
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President Pete Reyes: Thank you. Good point. Under Resolutions?
Floor Leader Jude Hofschneider: Mr. President, there are two under the introduction of Resolutions. Senate Resolution 16-02 and Senate Resolution 16-03.
President Pete Reyes: Thank you. Those Resolutions are going to be placed on calendar if there is no objection.
Floor Leader Jude Hofschneider: Yes. I would like to go on record and suspend pertinent rules to replace the respective resolutions on final calendaring on the Resolution Calendar.
President Pete Reyes: Without objection from the members.
Several members voiced, “no objection”.
President Pete Reyes: Senate Resolution 16-02 and 16-03 are placed on today’s calendar for our action.
REPORTS OF STANDING COMMITTEES:
1. Standing Committee Report No. 16-02: February 21, 2008 – Committee on Executive Appointments and Government Investigations reporting on the nomination of Mr. Alejo M. Mendiola to serve as a member of the CPA Board of Directors.
2. Standing Committee Report No. 16-03: February 21, 2008 - – Committee on Executive Appointments and Government Investigations reporting on the nomination of Ms. Kimberlyn K. Hinds to serve as a member of the PUC.
Floor Leader Jude Hofschneider: We have two; Standing Committee Report 16-02 and Standing Committee Report 16-03.
President Pete Reyes: Can I have a motion, Floor?
Floor Leader Jude Hofschneider: I’ll go ahead and motion to adopt the respective Standing Committee Reports.
Chair recognized Senator Manglona.
Senator Paul Manglona: Maybe we should do 16-02 by itself, because this is a confirmation for Mr. Alejo M. Mendiola. I believe this would require a voice vote.
Chair recognized Floor Leader Hofschneider.
Floor Leader Jude Hofschneider: Motion to adopt Standing Committee Report 16-02.
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Several members seconded the motion.
President Pete Reyes: Motion has been made and seconded. Discussion on the motion?
Several members voiced, “ready”.
President Pete Reyes: Senate Clerk, please roll call.
The roll called on the motion to adopt Standing Committee Report 16-02 Senator Luis P. Crisostimo yes Senator Paterno S. Hocog yes Senator Jude U. Hofschneider yes Senator Felix T. Mendiola yes Senator Joseph M. Mendiola yes Senator Paul A. Manglona yes Senator Maria Frica T. Pangelinan yes Senator Henry H. San Nicolas yes Senate President Pete P. Reyes yes
President Pete Reyes: With all Nine (9) members voting yes, Standing Committee Report 16-02 is hereby adopted and Mr. Alejo M. Mendiola is hereby confirmed by the Senate.
Chair recognized Senator Manglona.
Senator Paul Manglona: Mr. President, I would just like to comment on this since this is related to our discussion this morning. For the record, in our discussion this morning with the Acting Governor, regarding the Executive Director for CPA we were informed that they’ll be putting out an advertisement soon in the newspaper for an Executive Director position. I understand that they are ready to put that out. This is very important because CPA is such a big autonomous agency of the Commonwealth government and for many years they’ve been able to operate their agency without asking for subsidy from the Legislature and they’ve been successful in getting federal grants. Now this government has gone for almost two-years without an Executive Director and it’s good to know this morning that they’ll be coming up with an advertisement to advertise the position. Thank you, Mr. President.
President Pete Reyes: Thank you very much. Let me just repeat the action of the Senate, Standing Committee Report 16-02 has been adopted and therefore by that action confirms Mr. Alejo M. Mendiola for the CPA Board of Directors. Any further discussion on this?
Chair recognized Senator Crisostimo.
Senator Luis Crisostimo: Mr. President, I just want to find out--- I didn’t see Mr. Mendiola’s resume, is he working for the Ports Authority by any chance? Where is he employed at?
Chair recognized Senator Manglona.
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Senator Paul Manglona: Mr. President, I understand Mr. Mendiola works for the Office of the Mayor of Rota. Thank you.
Senator Luis Crisostimo: Thank you.
President Pete Reyes: Any further discussion? None. Floor Leader, motion for the adoption of 16- 03.
Floor Leader Jude Hofschneider: So move Mr. President, to adopt Standing Committee Report 16- 03.
Several members seconded the motion.
President Pete Reyes: Motion has been made and seconded. Discussion on the motion? Several members voiced, “ready”.
President Pete Reyes: Senate Clerk, please roll call.
The roll called on the motion to adopt Standing Committee Report 16-03 Senator Luis P. Crisostimo yes Senator Paterno S. Hocog yes Senator Jude U. Hofschneider yes Senator Felix T. Mendiola yes Senator Joseph M. Mendiola yes Senator Paul A. Manglona yes Senator Maria Frica T. Pangelinan yes Senator Henry H. San Nicolas yes Senate President Pete P. Reyes yes
President Pete Reyes: With all Nine (9) members voting yes, Standing Committee Report 16-03 is hereby adopted and Kimberly Hinds, is therefore, confirmed by the Senate.
SPECIAL/CONFERENCE COMMITTEE REPORTS (NONE)
RESOLUTION CALENDAR:
1. SR 16-02 - ADOPTED 2. SR 16-03 - ADOPTED
Chair recognized Floor Leader Hofschneider.
Floor Leader Jude Hofschneider: I move to adopt Senate Resolution 16-02 and Senate Resolution 16-03.
Several members seconded the motion.
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President Pete Reyes: Motion has been made for the adoption of both Senate Resolution 16-02 and Senate Resolution 16-03. Discussion?
Chair recognized Senator Pangelinan.
Senator Maria Frica Pangelinan: Mr. President, on Resolution 16-02, there’s just a minor correction on Line 6. It should say “or” instead of “our”. This is just to express the decision of the Senate that we are retaining the current Director, because the Constitution requires that the Director may be removed with or without cause by the majority of the member of its House. So, this will settle the stand of the Senate with the current Director. Thank you.
Chair recognized Senator Crisostimo.
Senator Luis Crisostimo: Mr. President, that’s 16-02 right? Can I just ask for a short recess, Mr. President?
President Pete Reyes: Without objection from the members?
Several members voiced, “no objection”.
President Pete Reyes: Short recess.
The Senate recessed at 11:11 a.m.
RECESS
The Senate reconvened at 11:12 a.m.
President Pete Reyes: ---16-02 and 16-03.
Chair recognized Senator Crisostimo.
Senator Luis Crisostimo: Mr. President, on 16-02 for Mr. Joaquin P. Omar, his employment actually expires on September 30, 2008? So, he’s got a contract for the 16th Legislature? How did this happen Mr. President and members? Can we give somebody an advance contract--- should a new presiding officer come in and a new member of the Legislature--- somebody will be sitting? Maybe the Legal Counsel, if you can explain the legality--- if his contract is valid, can you give a contract to incoming Governor’s? I’m kind of lost here, Mr. President and members. Thank you.
President Pete Reyes: Let me try to explain this before I recognize Senator Mendiola and Senator Pangelinan. The contract normally expires in September 30 of each year. September 30 prior to the election in November, all contracts were renewed for a period of one-year. Therefore, by that action, the of entire staffs under the Bureau, including the Director of the Bureau, were renewed for a period of one-year. So, the former Speaker of the House and the former President of the Senate signed the
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Senator Maria Frica Pangelinan: I yield, Mr. President. You have explained what I have attempted to explain. Thank you.
Senator Joseph Mendiola: Yes. I believe the resolution Mr. President as to what you said. Other than that, it’s just expressing our satisfaction with the Director. We are not changing any contracts and it’s a position from the Senate that will say we still want the Director to be in that position. It has nothing to do with the contract, whether renewal or not. Senator Crisostimo is correct, that his contract is up to September 30, but this is an expression from the Senate that we want to continue with the contract until September 30, sanctioning the contract.
Senator Luis Crisostimo: I see that, but what puzzles me is let’s say a new leadership comes in both Houses. In this case, if his contract is up to September 30, can the two leadership of the House fire this individual and replace all the employees that are up to September 30? Is that the common practice of the Bureau?
Senator Joseph Mendiola: I think the Directors contract can be removed without cause. So, it’s merely an appointment. So, it can be removed by both presiding officers of the Legislature.
Senator Luis Crisostimo: Thank you.
Chair recognized Senator Hocog.
Senator Paterno Hocog: I believe it’s so stated on Line 6 on the Resolution 16-02, the concern of Senator Crisostimo.
Chair recognized Senator Manglona.
Senator Paul Manglona: That’s exactly correct on Line 6. I see the point where Senator Crisostimo is coming from that the two presiding officers shall make the leadership of both Houses make the decision and I think that’s why we needed to come up with Senate Resolution 16-02 exactly to make that statement that at least our House wants to move forward with these Directorship issue and hopefully put to rest this issue once and for all at least until September 30, 2008 so that we let the Director know that he can have peace of mind that he is in charge and that we’re going to move forward, close this issue, and put it to rest. Thank you.
President Pete Reyes: Thank you. Any further discussion?
Several members voiced, “ready”.
President Pete Reyes: Ready. Those in favor of the adoption of Senate Resolution 16-02 with respect to the LB Director and Senate Resolution 16-03 with the H. R. 3079.
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Senator Maria Frica Pangelinan: Point of information, Mr. President. Can we vote individually on the resolution.
President Pete Reyes: Yes. Floor Leader, please amend your motion to do this separately. Floor Leader Jude Hofschneider: So move, Mr. President. I would like to amend or withdraw my original motion to adopt the Senate Resolution and to go ahead and move to adopt Senate Resolution 16-02.
Several members seconded the motion.
President Pete Reyes: Motion has been made and seconded on Senate Resolution 16-02. Any further discussion on this?
Several members voiced, “ready”.
President Pete Reyes: Ready.
Those in favor of the adoption of this resolution say, “aye”.
Several members voiced, “aye”.
Those not in favor say, “nay”.
Motion was passed by voice vote.
President Pete Reyes: Floor Leader, on 16-03.
Floor Leader Jude Hofschneider: I move to adopt Senate Resolution 16-03.
Several members seconded the motion.
President Pete Reyes: Motion has been made and seconded. Discussion?
Chair recognized Floor Leader Hofschneider.
Floor Leader Jude Hofschneider: Mr. President, I just want to commend the author of this resolution. It’s a timely request and in expression as to our situation here since I understand there are some issues that were raised concerning the impact on the recently passed minimum wage federalizing the minimum wage issue here and then of course a couple of weeks ago it was on the paper and also it was pretty much out in the public that they are reviewing again the position of that as they anticipated and we did anticipate it here---
(SIDE B)
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Floor Leader Jude Hofschneider: --- the title of this and the request of this to allow our concerns to be heard here before we move further on any other major decision in our end in the region here. That’s all, Mr. President. Thank you.
President Pete Reyes: Thank you.
Chair recognized Vice President Felix Mendiola.
Vice President Felix Mendiola: Thank you, Mr. President. I would like to add on to what the Floor Leader has stated. Now, it’s very important because I personally feel that H. R. 3079 is going to be fast tracked without their carefully considering any input from the leadership here, including inputs from the business community.As annotated in page 2, item 2, it’s clear that 3079 have not been carefully scrutinized and that we as major stakeholders have not really much influence on what this bill has to offer us including its negative or adverse impact it will cause as testified by Mr. James T. Ericnosky and Lyn Knights at the prior meeting we just had. I personally feel that we have to make a stand so that we can be given ample opportunity, and be heard on this particular bill which is now before the U.S. Congress. Furthermore, I concur with the leadership of the Senate tha the US Senate Committee on Energy and Resources must work with us, as we uphold our stands based on the letter that was sent them regarding the Federalization in order to accommodate our concerns on this vital (HR 3079) bill. Most importantly, the forth coming GAO report must first be a reviewed so that it will reflect the actual social economic impact before the passage of this bill . So, I personally feel that this is very necessary so that we can deliver our message to the Department of Energy and Resources so that we can play a role in the finalization of this bill in that we can ensure that our socioeconomic infrastructure or posture will not be adversely impacted. Thank you, Mr. President.
President Pete Reyes: Thank you.
Chair recognized Senator Pangelinan.
Senator Maria Frica Pangelinan: Mr. President, I am voting against this resolution for reasons that I am on record supporting 3079 and also we had the congressional delegation here that conducted the public hearings. So, I think that we missed the train.
Senator Joseph Mendiola: Yes, I support this resolution, but I think we should go further than this. My concern in the beginning is that this bill should have not been introduced in both Houses. We should of done the consultation prior to introducing it and listen to the concerns of the CNMI people. I do understand that they come over here especially the House Committee came over here and conduct a public hearing. But you know, Mr. President like anybody that we hire to study the social economic impact of the CNMI or the people of the CNMI, some of these professionals come over here and stay for one week and they go back to the mainland and they say they are the expert, because they did the study. That is the disagreement I have with the U. S. Congress is that they never even took the time to come over here and really listen to the people Commonwealth, the community, the business community, and the government. Now, they are throwing this down our throat and say this is the best solution for you guys without consultation.
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I still believe that before that final bill is introduced or drafted, we should be consulted. Somebody should be here. The GAO should have done its studies and all other remedies should be taken into consideration before moving to this legislation. However, I am supporting this resolution, because like Senator Pangelinan said, the train has left the station and right now we are just begging the Captain of the train to please listen to us. So, I will continue to holler, to please listen to us and I am supporting this resolution, Mr. President. Thank you.
President Pete Reyes: Thank you. Any further discussion from the members.
Several members voiced, “ready”.
Those in favor of Senate Resolution 16-03 say, “aye”.
Several members voiced, “aye”.
Those opposed say, “nay”.
President Pete Reyes: Please, let the record show that Senator Pangelinan voted against the resolution. With one (1) nay and eight (8) ayes, Senate Resolution 16-03 is hereby adopted. Thank you.
BILL CALENDAR
FIRST READING
LEG. NO. TITLE
FINAL READING
LEG. NO. TITLE
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Chair recognized Floor Leader Hofschneider.
Floor Leader Jude Hofschneider: We have none, Mr. President.
PETITIONS, MEMORIALS AND MISCELLANEOUS COMMUNICATIONS
1. Misc. Comm. No. 16-18: February 11, 2008 – LB regarding legislative branch inventory.
2. Misc. Comm. No. 16-19: January 25, 2008 – Grace Christian Academy expressing appreciation to the Senate President during his visit to the Eight Graders.
3. Misc. Comm. No. 16-20: February 02, 2008 – CPA appointment of AIRCRAFT RESCUE & FIRE FIGHTING Department. (ARFF).
4. Misc. Comm. No. 16-21: February 08, 2008 – Tinian Municipal Council to OPA to conduct financial audit for the Office of the Tinian Municipal Council for FY 2007.
5. Misc. Comm. No. 16-22: February 08, 2008 – Office of the Mayor of the Northern Islands regarding status on the mining of pozzolan on the island of Pagan.
6. Misc. Comm. No. 16-23: February 20, 2008 – From Representative Joseph James Norita Camacho on Article XII.
President Pete Reyes: Any discussion?
Chair recognized Senator Mendiola.
Senator Joseph Mendiola: I see Mr. President, there’s on the Miscellaneous Communication regarding the status of pozzolan. I think this issue has been going on for such a long time. We need to provide closure to this issue. Maybe one of these days the Chairman of Natural Resources should invite the Secretary of DPL to come up and brief us, because I believe we spent about 150,000 for this study. I still havent seen the result of that study or the latest report. So, now that we’re talking about shortage of revenue, the pozzolan continue to erode in the Northern Islands. So, I ask the Chairman to please call in that Secretary. Thank you, Mr. President.
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Floor Leader Jude Hofschneider: So noted.
President Pete Reyes: Any further discussion?
Chair recognized Senator Manglona.
Senator Paul Manglona: Mr. President, I want to thank the Chair of the Fiscal Affairs. We have copies of letters she has written to the Secretary of Finance as well as other agency heads and division heads regarding a Public Hearing, which the Senate will be conducting on February 26 both in the morning and in the afternoon. I believe that the budget is long overdue. Although we have just come in with this new Legislature, I think that because of the drastic decline in the resources that we should continue to work deligently into passing a budget for 2008. So, I commend the Chair for coming up with these public hearings next week. I hope that we can all be able to join these hearings. This is a public hearing, I understand. Thank you.
President Pete Reyes: Thank you. Just to recognize in the gallery, Congressman Victor Hocog. Welcome to the Senate Chamber. You’re always welcome to the Senate Chamber. Any further discussion and I also echo Senator Manglona’s comments on Senator Pangelinan’s letter. This would demonstrate the Senate’s commitment to move along with the discussion on the budget issue, while the House are still deliberating on it. The Senate would take an active part in pursuing this so that once it gets here, we have better ideas on what to do. Thank you. Any further discussion on Miscellaneous?
Several members voiced, “none”.
ANNOUNCEMENT
President Pete Reyes: Any discussion under annoucements?
Several members voiced, “none”.
President Pete Reyes: Floor Leader, a motion to adjourn and just a reminder, I’ve issued out a memo to members regarding the upcoming meetings with a Representative from OPA on financial irresponsibility. So, just so that members can please take an active participation on this. It is very imformative and we need this kind of a lecture or an OPA question and answer discussion on this issue, especially, because of the current economic situation. So, I ask members to please take note of that.
Chair recognized Floor Leader Hofschneider.
Floor Leader Jude Hofschneider: I move to adjourn the Senate Session subject to the call of the Chair.
Several members seconded the motion.
President Pete Reyes: Motion has been made and seconded.
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All in favor of the motion to adjourn say, “aye”.
Several members voiced, “aye”.
All opposed say, “nay”.
Motion was carried by voice vote.
President Pete Reyes: The session is hereby adjourned.
ADJOURNMENT:
The Senate adjourned at 11:20 a.m.
Respectfully submitted,
Lauren T. Duenas, Journal Clerk The Senate
Reviewed by,
George Camacho Senate Legislative Assistant
APPEARANCE OF SENATE LOCAL BILLS
LEG. TITLE NO. SLB 16-01 To establish Rota as a Specific Pathogen Free (SPF) Zone by prohibiting the importation of live crustacean, unless accompanied by a health clearance certificate from a US accredited shrimp pathology laboratory stating the species in question are free from pathogens on the US Marine Shrimp Farming Program’s (USMSFP) or the Office International des Epizooties’ (OIE) lists. (SEN. PAUL A. MANGLONA-02/12/08) (1st Appearance)
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