Senate Journal FIRST REGULAR SESSION, 2008 SJ 16-004
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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”. -1- Fourth Day, First Regular Session SJ 16-004 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. -2- SJ 16-004 February 21, 2008 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 -3- Fourth Day, First Regular Session SJ 16-004 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 -4- SJ 16-004 February 21, 2008 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.