The Senate NORTHERN MARI ANAS COMMONWEALTH LEGISLATURE P.O. BOX 500129 . MP 96950

STANDING COMMITTEE REPORT NO. 4'1-/4\ Date: June 2, 2020 RE: Senate Bill No. 21-46

Honorable Victor B. Hocog President of the Senate Twenty-First Northern Marianas Commonwealth Legislature Saipan, MP 96950

Dear Mr. President:

Your Committee on Health, Education, and Welfare, to which was referred Senate Bill No. 21-46, entitled:

"To award honorary high school diplomas for certain senior citizens; and for other purposes." begs leave to report as follows:

I. RECOMMENDATION:

After considerable discussion and deliberation, your Committee recommends the passage of Senate Bill No. 21-46, in the form of Senate Draft 1.

II. ANALYSIS:

A) Purpose:

The purpose of Senate Bill No. 21-46 is to award honorary high school diplomas to certain senior citizens of the Commonwealth.

Page 1 STANDING COMMITTEE R EPORT NO. 21 -!l RE: SENATE BILL NO. 21-46

8 ) Committee Findings:

Your Committee finds that the unique history of the Commonwealth of the Northern has greatly impacted the political and economic development resulting in the resiliency of its residents. During World War II, these islands were the battle grounds of what would become a significant position for the national security of the United States to end the war. However, the complete devastation of the infrastructures throughout the islands forced the residents to begin rebuilding homes, government services, and businesses for a new economy under the guidance of the Naval Administration. Additionally, the loss oflives from the battles compelled many residents to place the safety of their family or extended family members as a priority and they worked tirelessly to make ends meet to provide and care for their families.

Your Committee further finds that with all the focus placed on rebuilding the economy and taking care of family, many residents were unable to complete their education. Despite the inability to complete their education, these residents prevailed through the workforce and acquired necessary work skills that attributed to the successful development of a new government in political union with the United States.

Your Committee finds that after further review of the proposed legislation and comments received by the Office of the Attorney General, Mayor of Saipan, and Municipal Council that additional amendments to give the Public School System and Board of Education the discretion of awarding honorary diplomas were necessary to clearly state the intent and goal of the proposed legislation. It is for these reasons that your Committee strongly supports the provisions proposed in Senate Bill No. 21-46, Senate Draft 1.

C) Legislative History:

Senate Bill No. 21-46 was formally introduced by Senator Teresita A. Santos on November 13, 2019 and was subsequently referred to the Senate Standing Committee on Health, Education, and Welfare for disposition.

D) Public Hearing and Comment:

No public hearing was scheduled for Senate Bill No. 21-46. However, a Committee Meeting was held on January 16, 2020 and June 2, 2020 to deliberate on the provisions stated in the proposed legislation.

Your Committee requested for comments on November 20, 2019 with a deadline to respond by December 20, 2019. To date, status of comments from the foregoing organization(s) and government agencies are as follows:

Page 2 STANDING COMMITTEE R EPORT NO. 21 -~ RE: SENATE BILL No. 21-46

I. Office ofthe Attorney General; Received 122319 2. Mayor of Rota; No comments received. 3. Mayor of and ; No comments received. 4. Mayor of Saipan; Received 120619 5. Mayor of the Northern Islands; No comments received. 6. Rota Municipal Council; Received 121619 7. Tinian Municipal Council; No comments received. 8. Saipan and Northern Islands Municipal Council; No comments received. 9. PSS Board of Education and Commissioner; No comments received.

E) Estimated Fiscal Cost:

The enactment of Senate Bill No. 21 -46, Senate Draft I may result in minimal costs to the CNMI government associated with the costs necessary to carry out the intent of this proposed legislation.

F) Summary of Committee Amendments:

Your Committee has taken into account the comments received by the departments, agencies and private organizations and has amended Senate Bill No. 21-46 accordingly:

• Title: Amended to reflect amendments recommended by the Office of the Attorney General (OAG), to read: "To authorize the award of honorary high school diplomas to fef certain senior citizens; and for other purposes."

• Section 1. Findings and Purpose: Inserted new language as recommended by the OAG, beginning on page 1, line 7, to read: "It is the intent of the Legislature, therefore, to enact a new provision that will authorize the CNMI Public School System to bestow honorary high school diplomas for certain senior citizens."

• Section 2. Enactment, §101(1): Inserted and deleted language on page 1, line 13, to read: "The CNMI Public School System is authorized to shall award an honorary high school diploma to any current or former resident of the Commonwealth of the (CNMI):"

• Section 2. Enactment, §101(2): Inserted and deleted language on page 2, line 5, to read: "The CNMI Public School System and each respective Mayor may shall work collaboratively to implement this Section."

Page 3 STANDING COMMITTEE R EPORT No. 21 -~ RE: SENATE BILL NO. 21-46

Ill. CONCLUSION:

Your Committee agrees that the amendments made to Senate Bill No. 21 -46 satisfies the intent of the proposed legislation and recommends the passage of the proposed legislation in the form of Senate Bill No. 21 -46, Senate Draft 1.

Respectfully submitted,

C~c~7-H'f)~t> -· Qmtugua MeSenatorQf Francisco~ Q. Cruz

Senator Vinnie F. Sablan Senator Teresita A. Santos Member Member

Reviewed by: ~

Altachment(s): • 3 Written Comments: • Office ofth e Attorney General; Received 122319 • Mayor ofSaipan; Received 120619 • Rota Municipal Council; Received 121619

Page 4 TWENTY-FIRST NORTHERN MARIANAS COMMONWEALTH LEGISLATURE

SECOND REGULAR SESSION, 2019 S. B. NO. 21-46, SD1

A BILL FOR AN ACT

TO AUTHORIZE THE AWARD OF HONORARY HIGH SCHOOL DIPLOMAS TO FeR CERTAIN SENIOR CITIZENS; AND FOR OTHER PURPOSES.

BE IT ENACTED BY THE TWENTY-FIRST NORTHERN MARIANAS COMMONWEALTH LEGISLATURE:

1 Section 1. Findings and Pnrpose. The Legislature finds that many of our current or 2 former residents of the Commonwealth of the Northern Mariana Islands were unable to 3 complete their education during World War II because many needed to work and rebuild 4 their homes and lives and/or assist in the care of family members. This Act will help 5 recognize the life experiences of certain senior citizens who were unable to complete their 6 education because of the atrocities of war. 7 It is the intent of the Legislature, therefore, to enact a new provision that will 8 authorize the CNMI Public School System to bestow honorary high school diplomas for 9 certain senior citizens. IO Section 2. Enactment. The following new provision is hereby enacted subject to 11 codification by the Commonwealth Law Revision Commission: 12 "101. Honorary High School Diplomas for Certain Senior Citizens. 13 1. The CNMI Public School System is authorized to shall award an honorary 14 high school diploma to any current or former resident of the Commonwealth of the 15 Northern Mariana Islands (CNMI): 16 a. who did not receive a high school diploma; 17 b. who resided in the CNMI during World War II, from December 18 1941 to September 1945; 19 c. who would have been eligible to attend school, but his/her 20 education was interrupted with the occupation of Japanese enemy SENATE BILL NO. 21-46, SD1

1 forces; and 2 d. who did not continue his/her education after World War II in order 3 to work and rebuild their homes and lives or assist in the care of 4 family members. 5 2. The CNMI Public School System and each respective Mayor may shall 6 work collaboratively to implement this Section. 7 3. The CNMI Public School System may award diplomas posthumously to 8 those otherwise qualified under Subsection l ." 9 Section 3. Savings Clause. Approval of this Act shall not be construed to affect any IO suit or proceeding pending in any court, or any rights acquired, or liability incurred, or any 11 cause or causes of action acquired or existing, under any act or regulation hereby repealed 12 as cited in this Act; nor shall any just or legal right or remedy of any character be lost, 13 impaired or affected by this Act. 14 Section 4. Severability. If any provision of this Act or the application of any such 15 provision to any person or circumstance should be held invalid by a court of competent 16 jurisdiction, the remainder of this Act or the application of its provisions to persons or 17 circumstances other than those to which it is held invalid shall not be affected thereby. 18 Section 5. Effective Date. This Act shall take effect 90 days after its approval by the 19 Governor or becoming law ,vithout such approval.

Date: l l /13/19 Introduced by:/~s/~------­ Senator Teresita A. Santos

Reviewed for Legal Sufficiency by:

Isl Antonette R. Villagomez Senate Legal Counsel

Page2 Commonwealth of the Northern Mariana Islands Office of the Attorney General 2oc1 Floor Hon. Juan A. Sablan Memorial Bldg. Caller Box 10007, Capitol Hill Saipan, MP 96950

EDWARD MANIBUSAN LILLIAN A. TENORIO Attorney General Deputy Attorney General

December 18, 2019 OAGSB: 2019-35

Hon. Justo S. Quitugua REC~ ~ Chairman DATE/BY /-"' Committee on Health, Education, and Welfare The Senate 21st Northern Marianas Commonwealth Legislature Saipan, MP 96950

Re: Senate Bill No. 21-46 (to award honorary high school diplomas for certain senior citizens)

Dear Chairman Quitugua:

Thank you for the opportunity to comment on Senate Bill No. 21-46. I have reviewed the bill and provide the following comments.

The Bill raises a constitutional issue on whether such a mandate on PSS to award honorary diplomas encroaches on the Board of Education's supervisory and policy making authority over the public school system. Section l of Article XV of the Commonwealth Constitution vests in the Board policy making authority over public education. Although the Legislature is allowed to add matters pertaining to "its operations and duties," the awarding of honorary diplomas is a policy decision within the authority of the Board of Education. The better approach would be to provide discretion to PSS and its board to implement such a program.

Please do not hesitate to contact my office if you have any questions.

~ DWARD MANIBUSAN Attorney General

cc: All Members, The Senate

Civil Division Criminal Division Attorney General's Investigation Division Victim Witness Advocacy Unit Telephone: (670) 237-7500 Telephone: (670) 237-7600 Telephone: (670) 237-7627 Telephone: (670) 237-7602 Facsimile: (670) 664-2349 Facsimile: (670) 234-7016 Facsimile; (670) 234-7016 Facsimile: (670) 664-2349 COMMONWEALTH OF THE NORTHERN MARIANA ISL.ANDS OFFICE OF THE MAYOR MUNICIPALITY OF SAlPAN CTC Building, 2799 Teer Drive Suite A, Oleai David M . Apatang P.O. Box 501457 Saipan, MP 96950 Mayor of Saipan Tel: (670) 234-6208 • Fax: (670) 234-1190 • Email: [email protected]

December 5, 2019 REC~YaD DATE/BY ~ '/~'EJ lll't. 14'-' The Honorable Justo S. Quitugua Chairman Senate Standing Committee on Health, Education, and Welfare The Senate Twenty-first Northern Marianas Commonwealth Legislature Capitol Hill, Saipan MP 96950 VIA PERSONAL DELIVERY

Re: Comments on Senate Bill No. 21-46

Dear Mr. Chairman:

We have Senate Bill No. 21-46 before us to comment on, and would like to take this moment to thank you for forwarding the bill to us and inviting us to offer our comments on it.

Because the author of the bill has presumably considered the importance ofrounding back in history and attempting to make whole those who for one reason or another fell behind in completing their high school education because of the impact of the war that devastated our island, we would rather defer to her extensive findings, if any, to guide your committee in reviewing and deciding on the bill. Similarly, we would also defer to the CNMI Public School System whether the intent of the bill is worthwhile and has the capability to implement it. From our standpoint, the bill is acceptable and for whatever it is worth, we would support your committee's decision.

We could only imagine what the order of first business was for many families immediately after the war back in 1944. Because the landscape on Saipan immediately after war was almost completely leveled and everything that the survivors needed to sustain a disease-free life was beyond reach, sending children to school was maybe not a top priority for many families. But as the people progressed in rebuilding their lives, the desire for children to be in schools maybe started to be a priority for some families, but the desire could be much later after the war.

From our brief research, we found that the present Mount Carmel School was the first school in Saipan to offer high school level education, when it opened its high school enrollment in 1956. Our first public high school in Saipan was Marianas High School, opened in 1969. While the bill would authorize the CNMI PSS to grant honorary high school diplomas to those that meet the eligibility criteria in§ 101 of the bill, we wonder why not also include the Mt. Carmel School in the bill and authorize it to do the same.

The mechanics to implement the bill will be time consuming and would require the CNMI PSS to assure that a list of eligible persons do not exclude anyone, to any extent possible. And, at the same time, it must assure that no one will be included that had already received his/her high school diploma. We also want to encourage your committee to insert an additional provision that identifies the funding for this added responsibility on the CNMI PSS and the various mayors offices.

Again, we would support your committee and CNMI PSS' s position on the bill.

Sincerely,

DAVIDM.AP TA G Mayor,~~ Munici i f Saipan

2 Commonwealth of the No1thern ~ ariana Islands OFFICE OF THE 17TH ROTA MUNICIPAL COUNCIL P.O. Bo:. 1374, Rota i\lP 96951 / Phone: 532-4046 /email: r ot:rn1uni~ipalco11ncilm)gmail.co111

Anthony Ole. Bu rcinas luci:1 S. Manglona Simeon E. Taisacan Chairman Vice-Chairwoman Secretary

·------· - S; inate HEW Com mi -t,"' RECEm MEMORANDUM Date:fil!!£!.1 Time:..e!l. By:uqL

DA TE December 02. 2019

TO Senator Justo S. Quitugua Chairman, Senate Standing Committee on Health, Education. and Welfan:

FROM 17th Rota Municipal Council Members

SU HJECT: Legislation Senate l3il l >lo. 21-46

Hafa Adai.

The 17th Rota :vfu nicipal Council l\lcmbers are pleased to submit your reque:;t fo r solicitation of comments fro m Oll! office.

A BILL FOR Ai\" ACT Senate Bill ~o. 21-46, To award honorary high school diplomas for c1:rtain senior ci ti zens: and for other purposes.

Yes, we arc in support of the bi 11.

Respectfully,

'\ /,") ~ ' 1 ....u : ' -~ __:::,(_ An~~ aidn~ Luci;~ : ,(ai{g{ga Simeon E. Taisacan Chairman Vice ChaiK(,~man Secretary