HOUSE OF REPRESENTATIVES • SIXTEENTH LEGISLATURE • COMMONWEALTH OF THE

House Journal Adopted: FIRST REGULAR SESSION, 2008 May 29, 2008

Fourth Day Friday, February 29, 2008

The House of Representatives of the Sixteenth Northern Marianas Commonwealth Legislature convened its Fourth Day, First Regular Session on Friday, February 29, 2008, at 9:43 a.m. in the House Chamber on Capitol Hill, , Commonwealth of the Northern Mariana Islands.

The Honorable Arnold I. Palacios, Speaker of the House, presided.

A moment of silence was observed.

The Clerk called the roll and nineteen members were present; Representative Stanley T. McGinnis Torres came in late.

Speaker : I believe Representative Stanley Torres is in the building and should be coming in, please mark him up as “present.”

ADOPTION OF JOURNALS

None

INTRODUCTION OF BILLS Representative Apatang: Mr. Speaker, we have a journal to adopt. Can we go back to Item 2?

Speaker Arnold Palacios: Do we have journals to adopt, Mr. Floor Leader?

Floor Leader Camacho: I believe journals were given out to the members for review. I ask if we could hold off on that until the next session.

Speaker Arnold Palacios: Representative Apatang.

Representative Apatang: No objection, Mr. Speaker.

Speaker Arnold Palacios: Thank you. We continue on with the Introduction of Bills.

H. B. NO. 16-28: A Bill for an Act to reappropriate $3,000,000.00 of the $3,700,000.00 from Section 702 for 2008 allocated to Puerto Rico Dump for Northern Marianas College

-1- Fourth Day

building improvements and repair, and for the development of a master plan and A&E design for the new campus; and for other purposes. Offered by: Representative David M. Apatang Referred to: Committee on Ways and Means

H. B. NO. 16-29: A Bill for an Act to provide for the efficient winding-up of large-scale business operations in the Commonwealth of the Northern Mariana Islands; and for other purposes. Offered by: Representative David M. Apatang and eight others Referred to: Committee on Judiciary and Governmental Operations

The Chair recognized Representative Hofschneider.

Representative Hofschneider: Thank you, Mr. Speaker. House Bill 16-30 is by way of request from the Assistant Attorney General and the Secretary of Public Health; however, a couple of days thereafter they signed the contract for the pharmacist. So, I will just go ahead and introduce this so the committee can touch base and see if we really this legislation. Thank you.

H. B. NO. 16-30: A Bill for an Act to repeal and reenact 1 CMC § 8248(b) as amended by Public Law 15-81, to provide for flexibility, parity and accountability in the compensation paid to licensed professionals employed by the Commonwealth Government in order to attract and retain qualified and dedicated professionals to serve the needs of the Commonwealth; to repeal 1 CMC § 1272; and for other purposes. Offered by: Representative Heinz S. Hofschneider Referred to: Committee on Judiciary and Governmental Operations

H. B. NO. 16-31: A Bill for an Act to amend the Weapons Control Act to promote and allow resort developments offering target ranges for competitive rifle competition and skeet shooting, and for other purposes. Offered by: Representative Raymond D. Palacios and two others Referred to: Committee on Commerce and Tourism

H. B. NO. 16-32: A Bill for an Act to re-appropriate $1,500,000.00 of the $3,700,000.00 from Section 702 Funding for 2007-1 allocated to Puerto Rico Dump, $750,000.00 from the Kalabera Cave development and $750,000.00 from Lake Susupe Boardwalk Trail for Northern Marianas College building improvements and repair, and for the development of a master plan and A&E design for the new campus; and for other purposes. Offered by: Representative David M. Apatang Referred to: Committee on Ways and Means

H. B. NO. 16-33: A Bill for an Act to amend 3 CMC § 7831 by adding a new subsection (e) and (f) that shall remove the requirement that the Commonwealth Utilities Corporation and the Northern Marianas College pay one percent of its annual budget to the Office of the Public Auditor; and for other purposes. Offered by: Representative David M. Apatang and four others Referred to: Committee on Ways and Means

-2- House Journal – February 29, 2008

H. B. NO. 16-34: A Bill for an Act to amend the Open Government Act of 1992 to provide specific statutory authorization for executive sessions to be held for the governing body of an agency to conduct executive deliberations; and for other purposes. Offered by: Representative Joseph N. Camacho Referred to: Committee on Judiciary and Governmental Operations

H. B. NO. 16-35: A Bill for an Act to limit government reemployment and double dipping, and for other purposes. Offered by: Representative Joseph N. Camacho and one other Referred to: Committee on Health, Education, and Welfare

H. B. NO. 16-36: A Bill for an Act to provide for the Board of Trustees to reorganize pursuant to Chapter 9 of the Federal Bankruptcy Code in order to avoid the debilitating financial effect of unfunded liabilities. Offered by: Representative Joseph N. Camacho and one other Referred to: Committee on Health, Education, and Welfare

H. B. NO. 16-37: A Bill for an Act to repeal and reenact Chapter 16 of Division 5 of Title 4 of the Commonwealth Code as established by Public Law 15-36 to regulate recycling businesses operating in the Commonwealth; to repeal Public Law 15-55 in its entirety; to establish the offense of theft of copper; and for other purposes. Offered by: Representative Ray N. Yumul and five others Referred to: Committee on Commerce and Tourism

H. B. NO. 16-38: A Bill for an Act to repeal Section 3 of Public Law 13-1, to repeal and reenact Chapters 1-3 of Part 1 of Division 8 of Title 1 of the Commonwealth Code; and for other purposes. Offered by: Representative Raymond D. Palacios Referred to: Committee on Judiciary and Governmental Operations

Speaker Arnold Palacios: Representative Babauta, recognized.

Representative Babauta: Thank you, Mr. Speaker, and good morning. I have prefiled House Bills and I welcome any member who wishes to co-sponsor any of these bills. Thank you, Mr. Speaker:

H. B. NO. 16-39: A Bill for an Act to repeal and reenact Chapter 8, Division 5, Title 4 of the Commonwealth Code relating to mechanics’ liens, and for other purposes. Offered by: Representative Oscar M. Babauta Referred to: Committee on Commerce and Tourism

H. B. NO. 16-40: A Bill for an Act to amend parts of 1 CMC 6101 et seq., and for other purposes. Offered by: Representative Oscar M. Babauta and one other

-3- Fourth Day

Referred to: Committee on Judiciary and Governmental Operations

H. B. NO. 16-41: A Bill for an Act to provide for nonrefundable tax credit for cash expenditures made by educators during the tax year for books or instructional materials to be used in the classroom; and for other purposes. Offered by: Representative Oscar M. Babauta and two others Referred to: Committee on Health, Education, and Welfare

H. B. NO. 16-42: A Bill for an Act to amend Title 4, Division 6, Chapter 5, by adding a new Article 6 to ensure that alcoholic beverages bottled or imported for sale in the Commonwealth contain health warnings on their containers in compliance with federal laws and regulations and to ensure that the Commonwealth Department of Commerce, Division of Alcohol Beverage and Tobacco Control has the power to enforce the requirement for such labeling; and for other purposes. Offered by: Representative Oscar M. Babauta and two others Referred to: Committee on Health, Education, and Welfare

H. B. NO. 16-43: A Bill for an Act to amend Title 4 Section 50138 of the Commonwealth Code regarding the sale of cigarettes, and for other purposes. Offered by: Representative Oscar M. Babauta and three others Referred to: Committee on Commerce and Tourism

H. B. NO. 16-44: A Bill for an Act to amend the definition of “alien” under Title 3 of the Commonwealth Code; and for other purposes. Offered by: Representative Oscar M. Babauta and three others Referred to: Committee on Judiciary and Governmental Operations

H. B. NO. 16-45: A Bill for an Act to amend 4 CMC § 8158 to allow customers of Commonwealth Utilities Corporation who succeed in their complaint in court to receive his or her costs and attorney fees, and for other purposes. Offered by: Representative Joseph N. Camacho Referred to: Committee on Judiciary and Governmental Operations

H. B. NO. 16-46: A Bill for an Act to require that all statutes and rules and regulations pertaining to the operation of the Commonwealth Utilities Corporation be readily available for review by consumers; and for other purposes. Offered by: Representative Joseph N. Camacho Referred to: Committee on Judiciary and Governmental Operations

H. B. NO. 16-47: A Bill for an Act to repeal and reenact Title 6, Division 3, Article 4 of the Commonwealth Code to prohibit smoking in all workplaces and public places, and for other purposes. Offered by: Representative Justo S. Quitugua Referred to: Committee on Health, Education, and Welfare

-4- House Journal – February 29, 2008

H. B. NO. 16-48: A Bill for an Act to amend 4 CMC, Section 1503 to provide for the licensing of poker machines on a calendar year basis; to require the installation of a centralized monitoring system for all poker machines; and for other purposes. Offered by: Representative Justo S. Quitugua Referred to: Committee on Commerce and Tourism

Speaker Arnold Palacios: Representative Quitugua.

Representative Babauta: Mr. Speaker, members are welcome to co-sponsor any of these bills and the initiative I introduced. Thank you. . H. B. NO. 16-49: A Bill for an Act to establish a fuel subsidy account for the Commonwealth Utilities Corporation; and for other purposes. Offered by: Representative David M. Apatang and three others Referred to: Committee on Ways and Means

H. B. NO. 16-50: A Bill for an Act to mandate attendance for early childhood education to expand the age range for early childhood and adult education; and for other purposes. Offered by: Representative Ralph DLG. Torres Referred to: Committee on Health, Education, and Welfare

The Chair recognized Representative Yumul.

Representative Yumul: Mr. Speaker, I do have another House Bill, H. B. NO. 16-51, but I believe it is being copied. If there is no objection maybe at a later time we could come back to Introduction of Bills so that I could formally introduce it.

There was no objection from the Floor.

H. B. NO. 16-52: A Bill for an Act to permit a borrower of CDA to assign land compensation due from the Commonwealth Government to pay for balance on CDA loan. Offered by: Representative Ray N. Yumul Referred to: Committee on Commerce and Tourism

H. B. NO. 16-53: A Bill for an Act to amend 4 CMC § 1205(b) to enable qualifying institutions to receive up to $10,000 in educational tax credit; and for other purposes. Offered by: Representative Diego T. Benavente and one other Referred to: Committee on Health, Education, and Welfare

H. L. B. NO. 16-5: A Local Bill for an Act for the Third Senatorial District to repeal and reenact Article 2 of Chapter 2 of Title 10 of the Commonwealth Code, as established by Saipan Local Law No. 13-21, to reorganize the Saipan Higher Education Financial Assistance Program; and for other purposes. [First Appearance] Offered by: Representative David M. Apatang and nine others

-5- Fourth Day

H. L. B. NO. 16-6: A Local Appropriation Bill for an Act for the First Senatorial District to appropriate $50,000 from the local license fees for pachinko slot machines and poker machines in the First Senatorial District; and for other purposes. [First Appearance] Offered by: Representative Victor B. Hocog

Representative Stanley Torres: Privilege.

Speaker Arnold Palacios: Recognized.

Representative Stanley Torres: Mr. Speaker, I am present in the Chamber.

Speaker Arnold Palacios: For the record Representative Stanley Torres is present.

H. L. I. NO. 16-6: A House Legislative Initiative to amend Article III, Section 9 of the Constitution of the Northern Mariana Islands to require the adoption of an annual budget. Offered by: Representative Heinz S. Hofschneider Referred to: Committee on Judiciary and Governmental Operations

H. L. I. NO. 16-7: A House Legislative Initiative to amend Article II, Sections 2, 3, 5, 10, 13, 16, and 17 of the Constitution of the Northern Mariana Islands to improve efficiency and accountability in the Legislative Branch of Government. Offered by: Representative Heinz S. Hofschneider Referred to: Committee on Judiciary and Governmental Operations

H. L. I. NO. 16-8: A House Legislative Initiative to amend Article XII of the Constitution of the Northern Mariana Islands by adding a new Section 7 to allow each senatorial district to amend or repeal the restriction on the alienation of land with respect to its senatorial district. Offered by: Representative Victor B. Hocog Referred to: Committee on Natural Resources

H. L. I. NO. 16-9: A House Legislative Initiative to amend Article XV, section 1(c) and (e) of the Constitution of the Northern Mariana Islands. Offered by: Representative Justo S. Quitugua Referred to: Committee on Health, Education, and Welfare

H. L. I. NO. 16-10: A House Legislative Initiative to amend Article IV Section 10 of the Constitution of the Northern Mariana Islands to authorize the election of the Chief Justice and Presiding Judge by the majority of the Justices and Judges respectively. Offered by: Representative Ray N. Yumul Referred to: Committee on Judiciary and Governmental Operations

Speaker Arnold Palacios: Representative Yumul.

Representative Yumul: I welcome anyone of our members to endorse the initiative. Thank you.

Speaker Arnold Palacios: Representative Benavente, recognized.

-6- House Journal – February 29, 2008

Representative Benavente: Mr. Speaker, I do have a legislative initiative and I want to comment first with the respect that Representative Hofschneider whom I believe has the same intent with the initiative that he introduced, if there is no objection from the members I would like to also introduce this and just allow the committee to review the initiative.

H. L. I. NO. 16-11: A House Legislative Initiative to amend Article III, Section 9(a) of the Constitution of the Northern Mariana Islands to prohibit the withdrawing of any funds from the general fund except by appropriations made by law. Offered by: Representative Diego T. Benavente Referred to: Committee on Judiciary and Governmental Operations

Representative Hocog: Mr. Speaker, before we move on, can I make an amendment on H. B. NO. 16-1?

Representative Babauta: Point of clarification.

Speaker Arnold Palacios: Representative Babauta, state your point.

Representative Babauta: I assume our good colleague from Rota is offering an amendment to a bill that would probably be calendared this morning, and I ask him to introduce it in a form of a stand alone bill. Otherwise, he could probably wait until we are under Bill Calendar, if there is no objection.

Representative Hocog: Mr. Speaker, I withdraw my introduction of the floor amendment and I will wait until we are going to act on the Bill. I thank Representative Hofschneider for rejecting my recommendation.

Speaker Arnold Palacios: That was actually Representative Babauta.

INTRODUCTION OF RESOLUTIONS H. R. NO. 16-8: A House Resolution to recognize the Borja Family of As Teo, Saipan, for their continued and untiring efforts in maintaining Our Lady of Santa Lourdes Shrine and hosting the annual fiesta, and to encourage the Marianas Visitors Authority to provide logistical support for the operations of the site. Offered by: Representative Joseph C. Reyes

The Chair recognized Representative Hocog.

Representative Hocog: Mr. Speaker, I would like to ask that H. R. NO. 16-8 be placed on the Resolution Calendar for approval.

Speaker Arnold Palacios: So ordered, H. R. NO. 16-8 is hereby placed on today’s Resolution Calendar.

-7- Fourth Day

H. J. R. NO. 16-2: A House Joint Resolution requesting and urging the United States Congress to increase the authorization authority of Public Law No. 99-396 for payment of annual amounts of direct grant assistance for the Government of the Northern Mariana Islands to assist the Commonwealth of the Northern Mariana Islands in its efforts toward economic recovery. Offered by: Representative Victor B. Hocog

Representative Hocog: Mr. Speaker, I must apologize I did not have the chance to have the members of the House endorse the joint resolution because of some accidental routing of the resolution; however, I would like to introduce it in the hope it will be endorsed by the Committee of the Whole so I will welcome members who wish to co-sponsor. And if I may, Mr. Speaker, I move that H. J. R. NO. 16-2 be placed on today’s Resolution Calendar for approval.

The motion was seconded.

Speaker Arnold Palacios: Is there any objection?

There was no objection from the Floor.

Speaker Arnold Palacios: So ordered.

MESSAGES FROM THE GOVERNOR

GOV. COMM. 15-36: (1/26/08) Extension of the Declaration of Emergency for the island of Anatahan.

GOV. COMM. 16-37: (2/8/08) Informing the House that he signed into law S. B. NO. 15-104, SD1, HD1 (The Youth Congress Curfew Bill of 2007). [Became Public Law 15-129]

GOV. COMM. 16-38: (2/13/08) Delegating authority to Lt. Governor Villagomez until his return on March 4, 2008.

GOV. COMM. 16-39: (2/12/08) Certification for a vacant position at DPH and waiver of salary cap for Dr. Shirish K. Balachandra.

GOV. COMM. 16-40: (2/14/08) From Acting Governor Villagomez informing the House that he disapproved S. L. B. NO. 15-3 (To enact a Charter for the Municipality of Tinian and Aguiguan).

GOV. COMM. 16-41: (2/15/08) Certification for vacant positions at the Department of Community and Cultural Affairs.

GOV. COMM. 16-42: (2/19/08) From Acting Governor Villagomez appointing Mr. Joaquin S. Mangloña to serve as a member of the PUC representing Rota. [For legislative consideration]

-8- House Journal – February 29, 2008

GOV. COMM. 16-43: (2/19/08) From Acting Governor Villagomez waiving the salary cap for Dr. Saied Safabakhsh and Dr. Joe. R. Smith.

GOV. COMM. 16-44: (2/19/08) From Acting Governor Villagomez waiving the salary cap for Dr. Rafael Loutoby.

GOV. COMM. 16-45: (2/19/08) Certification for vacant positions at the Department of Public Health.

GOV. COMM. 16-46: (2/19/08) Certification for a vacant position at the Department of Public Lands.

GOV. COMM. 16-47: (2/19/08) Certification for a vacant position as the Department of Public Health.

GOV. COMM. 16-48: (2/19/08) Certification for a vacant position at the Department of Public Safety.

GOV. COMM. 16-49: (2/19/08) Certification for a vacant position at the Department of Public Safety-Tinian.

GOV. COMM. 16-50: (2/20/08) Certification for vacant positions at the Division of Revenue and Taxation, Department of Finance.

GOV. COMM. 16-51: (2/20/08) Certification for a vacant position at the Department of Public Lands.

GOV. COMM. 16-52: (2/20/08) Certification for a vacant position at the Office of the Public Auditor.

GOV. COMM. 16-53: (2/25/08) Certification for a vacant position at the Tinian Mayor’s Office.

GOV. COMM. 16-54: (2/25/08) Certification for a vacation position at the Department of Labor.

GOV. COMM. 16-55: (2/26/08) Submitting a copy of Ms. King-Hinds’ resume´, statement of financial interest, and drug test receipt.

Speaker Arnold Palacios: Representative Hocog.

Representative Hocog: I would like to move that the communications from the Governor with respect to salary cap adjustments be referred to the respective committee for serious consideration before it is accepted by this House.

Speaker Arnold Palacios: Representative Hocog, which communication are you referring to?

-9- Fourth Day

Representative Hocog: All communications from the Governor that requests for salary cap adjustments. There are too many, Mr. Speaker.

Speaker Arnold Palacios: Actually these are just certifications, Representative Hocog, and certainly any member or committee could look into this issue of the over the salary cap certifications and make recommendations to the body, but by law the Governor is only required to submit these certifications to the Legislature. We do not have any approving authority. Representative Hofschneider, recognized.

Representative Hofschneider: Under the compensation law of the Commonwealth, whenever the Governor signs a contract in excess of $50,000 he is required to submit a certification to the legislature for information purposes. What I believe the good Representative from Rota embarking on is to refer the bunch of certifications for us to seriously look at and perhaps come up with a legislation, if need be, to sort of provide some guidance and control over these certifications. Thank you.

Speaker Arnold Palacios: Thank you, Representative Hofschneider. I now recognize Representative Babauta.

Representative Babauta: Thank you. I wish to enlighten the House members that we have two important communications here. One is GOV. COMM. 16-42 and the other is GOV. COMM. 16-55. I understand that the Public Utilities Commission (PUC) presently has three members. Most of us here have been faced in the past and as well as today with all these CUC issues. I humbly recommend to the Chair and the respective committee to address these communications with expediency, so that we may have our PUC together to formulate policies, which is vested upon the Commission pursuant to the PUC Act, effectively and efficiently, and so that we have a body that we can refer our utility issues to in the future, Mr. Speaker. Thank you.

Speaker Arnold Palacios: Thank you, Representative Babauta, for that statement. I have instructed the Committees on JGO and PUTC to come up with a final recommendation on GOV. COMM. 16-55 in reference to Ms. Kimberlyn King-Hinds which she has submitted all the required documents and the committee will report back at the next session. The committees are awaiting required information for Mr. Manglona. Thank you. Short recess.

The House recessed at 10:05 a.m.

RECESS

The House reconvened at 10:08 a.m.

Speaker Arnold Palacios: We are back in session. Are there any more comments on the Governor’s Communications? Representative Apatang, recognized.

Representative Apatang: Thank you, Mr. Speaker. I just want to say that individuals who are appointed to any board or commission know the policies and requirements they have to go

-10- House Journal – February 29, 2008

through. So we as members of the Legislature need to abide with the law. The law says they need to submit all the written documents to include urinalysis testing and that is what they should do and that is why we should wait for the results before we confirm anybody. Let us not take any shortcuts. We want to make sure that those people that we put in there are in fact qualified based on the law. Thank you.

Speaker Arnold Palacios: Thank you, Representative Apatang

SENATE COMMUNICATIONS SEN. COMM. 16-4: (2/22/08) Transmitting a certified copy of S. R. NO. 16-2, entitled, “A Senate Resolution expressing satisfaction on the performance of Legislative Director Joaquin P. Omar and to allow him to remain as director for the duration of his employment contract,” which was adopted by the Senate on February 21, 2008. [For info]

SEN. COMM. 16-5: (2/22/08) Transmitting a certified copy of S. R. NO. 16-3, entitled, “A Senate Resolution expressing grave concern for 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,” which was adopted by the Senate on February 21, 2008. [For info]

Speaker Arnold Palacios: Representative Stanley Torres, recognized.

Representative Stanley Torres: Can we go back to Governor’s Communications. I have a message here for the Governor?

Speaker Arnold Palacios: Any objection?

Several members voiced “no objection.”

MESSAGES FROM THE GOVERNOR Speaker Arnold Palacios: Continue, Representative Stanley Torres.

Representative Stanley Torres: I have a message for the Governor. It is not on the agenda, but I have a printout regarding Assistant Attorney General Nesperos. It is no wonder why he coordinated the conference on the decriminalization of the marijuana last year. He was given a task to coordinate a conference by Attorney General Matthew Gregory. I think both have been doing the study of weed.

Speaker Arnold Palacios: Representative Stanley Torres, before you move on we are under the Governor’s Communications. Do you want to hold on to that until we go down to Miscellaneous Business?

-11- Fourth Day

Representative Stanley Torres: Since we are under Governor’s Communications, this is a message to the Governor.

Speaker Arnold Palacios: So we can go to House Communications and then you can –.

Representative Stanley Torres: Let me just finish my short statement.

Representative Benavente: Objection, Mr. Speaker, and point of order.

Speaker Arnold Palacios: State your point, Representative Benavente.

Representative Benavente: I believe you have started and I just ask you to issue that point of order and move on.

Speaker Arnold Palacios: Yes, Representative Stanley Torres, we can wait until we are under House Communications or Miscellaneous Business to raise that issue.

Representative Stanley Torres: I will wait until we are under House Communications.

Speaker Arnold Palacios: Thank you. Are there any comments under Senate Communications?

SENATE COMMUNICATIONS Speaker Arnold Palacios: Representative Sablan, recognized.

Representative Sablan: Thank you. I just want to express my disappointment with Senate Communication 16-5 in reference to Senate Resolution 16-3 not just because it reads like it was a real rush job, but because it expresses the same reactionary rather irrational approach to the Federal Government that I do not think is very productive, and I do not believe that it serves the interests of the people. I would like to respectfully ask the members of this body to consider engaging with the Federal Government in a more rational way and rather than crying about disaster befalling the Commonwealth and asking again for a delay of Federalization, we might want to consider accepting that it will happen and that it will be far more productive for us to say now we that we want to participate in the drafting of the regulations, because at the end of day nobody really knows what federalization of immigration will be like. But if we participate now, and if we act proactively and responsibly we can ensure that it will in fact serve the interests of our Commonwealth. Thank you, Mr. Speaker.

Speaker Arnold Palacios: Your point is well-taken, thank you, Representative Sablan.

HOUSE COMMUNICATIONS

HSE. COMM. 16-18: (2/8/08) From Representatives Hocog and Tebuteb submitting the Japan Trip Report.

-12- House Journal – February 29, 2008

HSE. COMM. 16-19: (2/12/08) From Representative Hocog attaching a proposal for alternative energy being offered to the Rota and the CNMI.

HSE. COMM. 16-20: (2/25/08) From the House Speaker and the Senate President informing Mr. Aren Palik of Representative Benavente’s appointment to the PIDB Board of Governors. [See MISC. COMM. 16-5]

Speaker Arnold Palacios: Is there any comment? Representative Stanley Torres.

Representative Stanley Torres: Thank you for recognizing me. This is in regards to Assistant Attorney General Nesperos who was tasked to coordinate the marijuana decriminalization conference last year. No wonder why he was tasked because it says here in the printout that he worked as a trial attorney for the Immigration and Naturalization Service, but he had to turn himself into rehabilitation because – it says here, I was an alcoholic and later used cocaine. No wonder why we are losing cases here in the CNMI court because of his contaminated legal experience. I think the Governor should take another look at his experience and background. Thank you.

Speaker Arnold Palacios: Representative Benavente.

Representative Benavente: Thank you, Mr. Speaker. I wanted to object one more time because the statement made by Representative Stanley Torres should be under Miscellaneous Business and not under the House Communications, but if we did that we would not be able to debate on the statements he made. I hope that I am in order then to object to the statements or at least debate on it since we allowed it under House Communications. With that, Mr. Speaker, I hope that the documents that he has with him are real genuine documents because if they were not and those statements were to come out in this session and in this community I really do not think that it is proper at all that any one of us makes a statement such as those. At this point, I just hope to God that the information he has are real information, genuine information and are true and correct. Thank you.

Speaker Arnold Palacios: Thank you. I will allow you one minute, Representative Stanley Torres.

Representative Stanley Torres: I did not know that my good colleague forgot that I will never say anything if it is not in black and white. I am reading it from the California Bar Journal an official publication of the State Bar of California, printed out on February 29.

Speaker Arnold Palacios: Representative Stanley Torres, please furnish Representative Benavente those documents, if that is not too much to ask, so that we can move on. Let me recognize Representative .

Representative Ralph Torres: I would like to comment HSE. COMM. 16-19 and commend my good Congressman Hocog for trying to find alternative energy not just for Rota but also for the entire CNMI. I would like to commend his effort and say that he is doing a good job, and we should support it.

-13- Fourth Day

Speaker Arnold Palacios: I would like to ask Representatives Hocog and Tebuteb to share with the members any update with regards to HSE. COMM. 16-18. I think the members are eager to receive some information. I recognize Representative Hocog.

Representative Hocog: Thank you, Mr. Speaker. On behalf of the Representative Tebuteb, I would like to highlight to the members as to what is going on with respect to HSE. COMM. 16-18. Right now, Mr. Speaker, I would like to also extend my heartfelt thank you to the Fifteenth Legislature for providing the appropriation of $800,000 to facilitate this project with the intent to upgrade the Rota Airport facilities as well …. (End of Tape 1 Side A). (Beginning of Tape 1 Side B) …myself I met with agencies from the Transportation Security Administration (TSA), Division of Immigration, Division of Customs, and AAFS how to handle the impact of this chartered flight that has been approved by KNT (Kinki Nippon Tourist Co., Inc) Tour Group from Japan. Continental Micronesia was the selected carrier to provide the direct flight out of Narita to Rota. At this point in time, the Commonwealth Ports Authority (CPA) have aggressively taken action along with TSA, immigration and custom officials and they are now working on the improvements of the Rota Airport to accommodate the number of passengers that will be coming in and going out from this chartered flight. You will find before you the proposed flight schedule to commence April 26 which will be arriving on Rota on the 27th of April at 1:27 a.m. The task force on the facilitation of convenience and safety will again meet next week Wednesday morning to report the status of the accomplishment. We are very happy that this direct flight will surely and certainly start the interest of supposedly long lost tourism coming to the CNMI. With that, Mr. Speaker, Representative Tebuteb and I will report back to the full House next week as to where we are at and whether we can meet the deadline before the charter flight starts. However, we are still working on ground transportation to ensure that the passengers will be conveniently transported from the airport to their hotel. Hopefully, we will be able report to the full House of its status next week. Thank you.

Speaker Arnold Palacios: Thank you. Representative Babauta.

Representative Babauta: Under HSE. COMM. 16-20, I would like to get some clarification from the Chair. Is this replacing the current member from the Legislature, which is Representative Quitugua?

Speaker Arnold Palacios: No, this will replace the Board of Governor’s representative, which is the former President of the Senate.

Representative Babauta: So Representative Quitugua is not fired yet. (Laughter)

Speaker Arnold Palacios: Representative Tebuteb.

Representative Tebuteb: Thank you, Mr. Speaker. This is relative to Representative Hocog’s statement. I could not emphasis more how important and critical the Rota project is to the CNMI. Let me just give a broader picture -- during the meeting one of the comments made by the President of KNT, Mr. Takashi Ota, is that KNT is the number two tour agency in Japan. They have about 8,000 employees, so we have about 8,000 employees trying to make the 40 chartered

-14- House Journal – February 29, 2008

flights to be realized for the CNMI for about 8,000 tourists. This is so you kind of have a sense where things are relative to how they are doing on the tour agent’s end to realize this project. As Representative Hocog also emphasized, the improvement that we need in Rota at the airport are in progress and the excitement of the Rota people is huge. So Representative Hocog and I are really tasked, in response to this body, to make sure that these things come to fruition. There are some minor issues along the way and we are dealing with it on a day by day basis. Thank you.

Speaker Arnold Palacios: Representative Salas.

Representative Salas: I just want to comment on that, and I believe the people of Rota are very excited but I also believe that the CNMI as a whole is very excited with this undertaking. To realize about 6,000 tourists within in one year, I believe about 40 charter flights is expected, I would like to recommend that perhaps during the arrival of the tourists of this first chartered that the Legislators can perhaps be there to greet these people to show support. Obviously this is a long way from now so you could probably squeeze that into your budget, if that is okay. It is going to be at 1:30 in the morning, but the show support from the legislative branch of this undertaking I believe is called for.

Speaker Arnold Palacios: Thank you, Representative Salas, that is a good point. Representative Benavente.

Representative Benavente: Thank you, Mr. Speaker. I would to commend and recognize PDI (Pacific Development Incorporated) for their foresight and their initiative to begin this chartered flight. We heard that we will see the many benefits not just for the people of Rota but to the Commonwealth as a whole. So I want to commend and congratulate and I guess thank PDI for that effort. The other comment I would like to make is with regards to HSE. COMM. 16-20. I want to thank you and the President for the appointment to serve as a member Board of Governors. For everyone’s information, the member Board of Governors include one from the Legislature and one from the Administration and currently the Lt. Governor Timothy Villagomez is the other member and I will replace former President Joseph Mendiola as the member representing the Legislature. These two members for Board of Governors then nominate or appoint a member Board of Director, which is what Representative Quitugua is serving on now as a member Board of Director to the Pacific Islands Development Bank. I ask the members of this body to look into and if you have any questions just check with me. I have served as member Board of Governor for many years, and I am excited to be back and serve. If some of us still remember at one time this was a very controversial issue because the CNMI had made some investments in the beginning. We were questioning our original investment of $250,000 and, as a matter of fact, the Legislature at some point even asked that we take our money back. We eventually fulfilled our commitment to the Bank as four other entities did with a full commitment of a million dollars. At this point I can tell everyone that from a very controversial issue for many years it has now become a success story throughout the region. At this point, the Bank is actually serving several of our people here in the community and benefiting the Commonwealth, so I thank you again for the appointment.

Speaker Arnold Palacios: Thank you. Representative Stanley Torres.

-15- Fourth Day

Representative Stanley Torres: Can I ask my good colleague Representative Benavente if he knows how much interest that money generated at this time?

Speaker Arnold Palacios: Representative Benavente.

Representative Benavente: I guess the question came about as one of the issues and challenges with the Bank in the past when we were relying on the interests of the money that we had in the bank to basically repay some of the money we have spent and also used to continue operate. At this point that is very minor compared to the money we are generating from the actual loans that the bank is issuing to the many clients throughout the region, including the Commonwealth. So, it is really such a success story that a few years bank we were in the red most of the time and now we are in the black and profiting. At this point I do not have the full information but I can provide that to the members if they request, and I can tell you we are profiting very, very well at this point.

Representative Stanley Torres: (inaudible) May I ask Representative Benavente who are benefiting from the bank?

Representative Benavente: Thank you, Mr. Speaker. That should not be a problem at all. Again the Pacific Islands Development Bank although in the past its intent was to organize this bank and then to tap into World Development Bank as a local organization in order for the governments to tap into these funds for major infrastructure projects. At this point the bank is basically operating with the investments being made by the member entities. There are currently seven member entities in the Pacific Islands Development Bank and the four that have fully committed to the one million dollars into the bank includes the FSM State of Yap, FSM State of Pohnpei, the Republic of Palau, and the CNMI. The other three members: Guam is currently at $800,000 I believe, so they need $200,000 more to fulfill their full commitment of a million; Kosrae is also at $700,000 or $800,000; and the FSM State of Chuuk is still at $250,000 contribution to the bank. Because of the recent decision to turn the bank into a full operating bank we have started investing the money that we have contributed. The million dollars, for example, that we have contributed to the bank is now benefiting several clients here in the Commonwealth, individuals companies, that have applied and have been granted loans. That is the benefit that I am referring to. There are several of them and I do not have the information with me right now, Representative Torres, but I can provide those. Thank you.

Representative Stanley Torres: I just want to know who they are and be transparent about it because that public money.

Speaker Arnold Palacios: Representative Benavente will likely provide that information. Representative Benavente.

Representative Stanley Torres: If he can tell us now those that he knows of and later the other ten or twelve.

Representative Benavente: There were several clients when I was serving as a board of director but at this point I am not sure if those loans have been paid off and what the status of those loans

-16- House Journal – February 29, 2008

are. So I do not have that information currently. I will try and get that from the President of the Bank.

Speaker Arnold Palacios: I will allow you to do that. Representative Babauta.

Representative Babauta: Mr. Speaker we need to take into consideration the privacy policy of PIDB.

Speaker Arnold Palacios: Representative Reyes.

Representative Reyes: Representative Benavente just got appointed to the Board and I can understand the concerns of a lot of people here. I think what we should ask Representative Benavente is just to give us an update of the investments that we have made in the bank, and I think it will be an interesting report. Thank you.

Speaker Arnold Palacios: Thank you. Are there any more comments? Representative Sablan.

Representative Sablan: Thank you, Mr. Speaker. I do not know whether Representative Torres’ earlier statements will be entered as a House communication, but in case it is I would also like to weigh in on this discussion before we move on. First of all, to echo Representative Benavente’s sentiments that nobody deserves to be unfairly smeared whether it is the Commissioner of the Department of Public Safety (DPS) or the Northern Marianas College (NMC) President or in this case the Assistant Attorney General or anyone of us in this House. The other point I want to make is that if it were true, it will be prudent to go directly to the source and get the full picture of exactly what the allegations entail and why would they be significant and why the people should know about and then what to do from there. I would also like to respectfully submit that anybody with a history of drug use, if they have shown and demonstrated the courage and the will to go to rehabilitation, deserve second chances. I happen to know this particular Assistant Attorney General and I have always known him to be an honorable man. Thank you.

Speaker Arnold Palacios: Point well-taken, let us not belabor with this issue too much. I believe that Representative Benavente and Representative Sablan have made a point of this particular issue, but I will allow one more comment. Representative Santos.

Representative Santos: Mr. Speaker, before these people took their posts be it president or Assistant Attorney Generals they have gone through an admission process. And if we continue these types of unsubstantiated allegations we are basically making not only a mockery of this institution but insulting the intelligence of the Supreme Court admitting such attorneys into the CNMI Bar, and also the process of admitting our current NMC President. So again I really cannot emphasize enough the level of professionalism that this body lacks in certain areas, and I would just hope that we aim towards that end and respect each other. There are allegations and if they are substantiated then let us take the appropriate actions instead of blindly accusing people. Thank you.

Speaker Arnold Palacios: Thank you, Representative Santos. Representative Yumul, recognized.

-17- Fourth Day

Representative Yumul: Thank you, this is in regards to HSE. COMM. 16-4, I withdraw, Mr. Speaker, it is under Miscellaneous Communication.

COMMUNICATIONS FROM THE JUDICIAL BRANCH None

COMMUNICATIONS FROM THE RESIDENT REPRESENTATIVE

WASH. REP. COMM. 16-3: (2/25/08) Submitting his comments on H. B. NO. 16-32.

There was no discussion under this item.

COMMUNICATIONS FROM DEPARTMENTS & AGENCIES

DEPT./AGCY. COMM. 16-7: A copy of the Department of Public Health’s Strategic Plan for 2007.

DEPT./AGCY. COMM. 16-8: (2/13/08) From Deputy Secretary of Labor Cinta Kaipat providing the First Interim Progress Report on Implementation of PL 15-108.

DEPT./AGCY. COMM. 16-9: (2/19/08) From Public Auditor Mike Sablan informing the Presiding Officers about presentations by Mr. Steve Potts that might be of interest to the legislature.

Speaker Arnold Palacios: Vice Speaker Deleon Guerrero.

Vice Speaker Deleon Guerrero: Thank you. Mr. Speaker I would like to make some general comments about DEPT./AGCY. COMM. 16-7. The Department of Public Health’s Strategic Plan for 2007 talks about how the CNMI is spending less per capita than the United States and that we should invest more in our health care system. It talks about some mission statement to provide compassionate quality health care, to promote health for all the people of the Commonwealth. It sets forth its visions, its goals, and touches on some of the improvements they have made. It talks about the improvements in the recruitment of medical staff, retention of its physicians and nurses, and it even goes further talking about a proposal to perhaps become an autonomous agency. I do not know, Mr. Speaker, but all I have been hearing from the public is how frustrated they are when they go to the hospital for treatment, how rude doctors are to their patients, how treatments are such that people are actually scared of going to the hospital. They feel that if you go there, you go there to die. One thing I do not see in this strategic plan is perhaps screening the doctors so that we get to have good quality doctors. Over the years that I have been here, I have never seen the legislature object to over the salary cap for doctors to get six digit figures. None of us have ever objected to that because we understand the importance of getting good doctors to treat our people. It is just unfortunate, however, that the treatment that our people get is disappointing. I do not know if we ever looked at the mortality rate here at the hospital, but it seems that often times by the time people are considered to be referred for off island treatment that cannot be performed here it is often too late. The patients are often times found to be

-18- House Journal – February 29, 2008

misdiagnosed in that people are being referred for dialysis and then they end up going to another hospital to find out that they do not require dialysis, and that they were getting the wrong prescriptions for medications, and the list goes on, Mr. Speaker. I just wanted to register this concern to the point where I am seriously considering recommending to this House that independent medical experts come here and investigate what is going on at the hospital. We have patients who are willing to stand before this body and testify how they were mistreated at the hospital, or how they were misdiagnosed. We are just fortunate that patients or families of patients have not filed malpractice suits against this hospital. It is a very serious concern, Mr. Speaker. I applaud Representative Hofschneider for looking into it, and I do not know if making the hospital an autonomous agency would solve this matter, but something has to be done. At a minimum, if we could have a public hearing and ask the people to come forward and present their concerns to this body you are going to find, and I think most of you have already heard about it, and there have been many people who have come to me personally and talked about their frustrations with the hospital primarily our physicians. I just wanted to raise some concerns, Mr. Speaker, when I saw the communication on the agenda. Thank you.

Speaker Arnold Palacios: Representative Hofschneider.

Representative Hofschneider: Thank you, Mr. Speaker. What Representative Deleon Guerrero has echoed is something quite obvious and it is just interpreted in terms of frustration, but that is the general perception, the general feeling, and the general practice of good hardworking people in government service today. They are so frustrated that the demoralizing aspect of day to day activities adds on to that frustration that makes it is easy to point a finger on particular personnel in a particular department and that is the general overwhelming problem that we are facing today. When it comes to hospitals, Mr. Speaker, you will find maybe one percent of all doctors practicing have terrible bedside manners but they are probably the darndest best physicians quality-wise. So there is a balance in life. You may be so likable, but you cannot do anything practical and the reverse is true in life. I have been concern about health care for the last fourteen years and it is time to take a look at our health care system, both the private sector and the public sector, Mr. Speaker, and the strategic plan embarking towards privatization. We cannot continue doing things as usual. There are things in the hospital being provided and funded publicly that is best given to the private sector improving the health care delivery in general. What are they? This strategic plan and the legislation before the committee will allow them to determine what services being provided by the government, publicly funded, are best given to the private sector so that we achieve two end goals: one is the quality improvement in health care from within the Commonwealth, and second is the affordability of those care. It is interesting that we are talking about it today because I am looking over the budget to be introduced by the Chairman on Ways and Means, and it is the basic precept of the Legislature in considering a budget the three essential services of government. And we all know that public health, public safety, and public schools – mandatory compulsory education for public schools, public safety is universal responsibility. It is constitutional – we are mandated to deliver and safeguard the health of the entire community, everything else falls secondary. It is the political will now to focus those resources towards improving the concerns raised by Representative Deleon Guerrero. If we have and we want and the people deserve better physicians we have to funnel the money to health care. Let us not cut them at the knees and turn back and attack them for deplorable or less than mediocre quality of health care. We know physicians are expensive -- one of the most expensive

-19- Fourth Day

vocation or profession -- and if we want to seriously look at improving the quality of diagnoses, invest in technology as we did ten years ago in getting and procuring CT Scan, and a diagnostic laboratory to diagnose correctly and appropriately in time rather than waiting for terminally ill patients to be sent off island. Rationing health care because of misdirected appropriation is a failure of the Legislature not physicians. It is a management issue down at the government hospital. Interference in governing medical care comes from administrators that are typically politically motivated. Those are the faults and the causes of demoralizing not only physicians but nurses and other health care personnel. We need to make them feel that we are aware of the predicament going on at the hospital to make them feel that we are listening and by way of that diverting the scarce revenue in the budget to correcting a particular issue now being raised, because there is a general feeling out there that they would rather stay at home and take herbal medicine than present themselves to the hospital. The degree of confidence is deplorable, but I think it is an issue of management and appropriately allocating funds to the most essential services that we are required to do so first. And then all the pet projects can come later. I hope that this budget that we are going to be taking action on meets the standards of the constitutional mandate of this body. I want to not in defense of the physicians because there are physicians, and I agree with you Representative Deleon Guerrero, that have terrible bedside manners. I have heard from patients who come to me and said the minute they walked into the emergency room the physicians say, you are not a case of emergency, care you should wait until tomorrow. There is a plague there and a federal law that anyone walking into the emergency room for emergency care may not be turned away or denied medical care. But during the day, perhaps they do not have insurance and they do not have means of paying for their bill, so they wait until the clinics are closed and walk in to the emergency room. That, my friends, is going on because of the economic situation, and do not fault the physicians for being over taxed, overwhelmed …. (End of tape 1 side B)

(Start of Tape 2, side A)

Speaker Arnold Palacios: Thank you. Representative Hocog.

Representative Hocog: Not to add anymore to what that have been said, but I was correct, Mr. Speaker, when I aired my concerns to the respective committee requesting to officially conduct an oversight investigation or public hearing, so that we can address all these concerns. It is alarming and it is a good time to reemphasize my request to both respective committees of JGO and HEW to expedite any action that could give the committee more information regarding the system that is being practiced at the hospital. Mr. Speaker, I would like to first invite whoever is the emergency room physician director at the hospital because he totally changed the concept of receiving patients at the emergency room. I want to find out how much he is getting paid, because he is spending most of his time vacationing, and that is why, Mr. Speaker, I have called this committee to provide the opportunity to get into the meat of what is being practiced at the hospital. Thank you.

Speaker Arnold Palacios: Thank you. Representative Ralph Torres.

Representative Ralph Torres: Thank you, Mr. Speaker. First of I would like to acknowledge the sentiments of the public in regards to Commonwealth Health Center’s (CHC) way of handling

-20- House Journal – February 29, 2008

patients. The hospital was built in 1985, if I am not mistaken. I came back here about five years ago and the building is still the same -- the chairs, the beds, almost all the operations is still the same. The morale is bad, the whole works, and this was five years ago. Wherever I go they always tell me the sentiment of, you want to die go to CHC. That is one of the biggest concerns that made me run for office. But other than that, as Chairman of HEW as well as committee members we know that this is serious issue. That is the reason that I took it upon myself and the committee to have a public hearing on CHC. These issues are not yesterday’s nor is it three or four years ago. It would have been very nice if all the members of this body were there and address your concerns, to ask questions to the Secretary of Public Health or to the doctors. Having a hearing is for everyone to address concerns. It should have been addressed a long time ago. I mean, it is good that we are doing it now more so than did prior legislators. I would like to let everyone know that we as a committee is also trying our very best to ensure that all the issues and concerns from patients, family members, and this Body of the Sixteenth Legislature are addressed and acted on appropriately. So, I would like to let the members know as well as the public that as the Committee Chair for HEW, the vice chair and the committee members are seriously looking into these allegations and concerns that we have as citizens in the CNMI. Thank you.

Speaker Arnold Palacios: Thank you. Representative Salas.

Representative Salas: I would like to point out that Chairman Ralph Torres is right, we did have a hearing with the Department of Public Health but this particular issue was not really raised and I think it does behoove us and I am sure the Chairman agrees that we at least pursue this issue. I am pretty sure that when we call all those people that are basically involved they will be here to answer any question that we have. This is an open dialogue that we have and I see that this body more so than in the past legislatures having this type of dialogue, and I like to urge that we continue this.

Speaker Arnold Palacios: Thank you. I remember during the last legislature that a Senate member echoed the same strong sentiments that are being echoed here today. I will instruct and I hope that the committee will begin to look into these issues immediately with some sense of urgency. Thank you.

OTHER COMMUNICATIONS

MISC. COMM. 16-4: (2/8/08) From Rear Admiral W.D. French (US Navy) in response to Representative Yumul’s request for records pertaining to the FDM firing range.

MISC. COMM. 16-5: (2/21/08) From the Honorable Aren Palik, President PIDB, regarding the legislature’s member representative to PIDB.

MISC. COMM. 16-6: (2/22/08) From Chairman Joseph M. Mendiola informing the House that the 16th Tinian & Aguiguan Legislative Delegation has duly organized and ready to transact business.

-21- Fourth Day

th MISC. COMM. 16-7: (2/25/08) From the 12 Rota Municipal Council requesting support of their FY 2008 budget submission.

MISC. COMM. 16-8: (2/12/08) From Ms. Shirley Dotts, PTI Human Resources Manager to Representative Torres regarding the hiring policies of PTI.

Speaker Arnold Palacios: Representative Yumul, recognized.

Representative Yumul: This is in regards to MISC. COMM. 16-4, Rear Admiral W.D. French (US Navy) of the Guam-based Naval Command had forward to me and Representative Stanley Torres a letter asking if our receiving of Mr. Roy Tsutsui in a January 29th briefing was satisfactory, and I must admit it was plainly not satisfactory. The things that I find problematic in his report and presentation to the Chairman of Natural Resources Committee that received Mr. Tsutsui, Mr. Tsutsui basically used outdated photos and attempted to pass them off as 2007 photos. Some of his comments had no basis, such as making claims that the Farallon De Mendinilla (FDM) land mass is so -- I do not recall the exact words is used but he described it as pretty firm and solid that aerial bombardments of that island has little impact on the land mass. However, other photos that have come to the Chairman and myself show craters scattered all over the area that is being bombed to the point where some of the crater formations are even at the edge of land mass. He made statements that I thought were above his expertise. Representative Hocog questioned the so called skippers of the bombs that were dropped that will not necessarily detonate upon hitting the surface and then exploding but skipping into the ocean and he did not have an answer to on how the ordinances were being dealt with. I think overall this body needs to seriously engage other agencies of the CNMI government and departments such as the Division Fish and Wildlife (DFW) and get a real assessment. The annual assessments that were produced were very limited and were only specific to visual identification of the surrounding areas and FDM itself, no real scientific work was done. There was even a period after 2004 where biologists from the Division of Fish and Wildlife were no longer included in the annual surveys, because of problems between the scientist attempting to come up with a conclusion on what may have caused massive erosions and the destruction of the area. All in all, Mr. Speaker, I would like to ask the Chairman to respond to this letter and that we still continue to ask the serious questions that were asked in the past and to reinforce it by asking, if anything, we need scientists and unbiased experts to go up there and really give us once and for all the assessment of the island. Thank you.

Speaker Arnold Palacios: Thank you. Perhaps, Representative Yumul, you ought to really engage with the Division of Fish and Wildlife. You and Representative Stanley Torres have taken on this issue and I think it will be prudent to get as much information from our agencies who participate on environmental assessments of these activities with the Chairman of Natural Resources. I believe that we could get some information from the Division of Fish and Wildlife. I am surprised that you are bringing up getting the Division of Fish and Wildlife’s biologist involved and giving you their assessment or at least their general thoughts on the issue. Representative Stanley Torres, recognized.

Representative Stanley Torres: Thank you, Mr. Speaker. Just to add to Representative Yumul’s statements, Mr. Tsutsui’s statement of impact is that it is not significant to the breaking of FDM.

-22- House Journal – February 29, 2008

He is blaming it on the typhoon, and that is the truth. When Mr. Tsutsui’s was here he said that he is going to be transparent on ground troops, I have found out that he avoided mentioning that our DFW scientist was not included in their survey of FDM from 2004, 2005, 2006, and 2007. Why is it?--He made a comment or answered that question at the Senate meeting that it was because the military demolition divers were surveying the damage of the bombing and the excused is the safety risks for our scientist to accompany. What is hidden, why not give them the safety equipment to dive along with the military divers. I come to suspect that something is being covered up. I tell you that is for real. Thank you.

Speaker Arnold Palacios: Thank you. Before we move on to Reports of Standing Committees, I would like to ask to take a two-minute recess.

The House recessed at 11:10 a.m.

RECESS

The House reconvened at 11:25 a.m.

Speaker Arnold Palacios: We are back in session, and I recognize Representative Yumul.

Representative Yumul: Thank you, Mr. Speaker. The House Sergeant-at-Arms is passing out a new set of summary worksheets that say on the top right it is marked as “Appendix A”, the one that was attached to the House Bill says “Appendix A Draft Only,” so please exchange the two. The other change is on the last page where Public School System was referred to Appendix B. If you look at the new handout, Appendix B is omitted and this was because of the decision by the committee to go back and give PSS their budget as a lump sum.

Speaker Arnold Palacios: Representative Yumul, you may proceed with the introduction.

INTRODUCTION OF BILLS

Representative Yumul: With that, Mr. Speaker, I would like to formally introduce House Bill 16-51, “To Make Appropriations for the Operations of the Government of the Commonwealth of the Northern Mariana Islands, its Agencies, Instrumentalities, and Programs, and to Provide Budget Authority for Public Corporations for Fiscal Year 2008, and for Other Purposes.” Introduced by myself and others, and I invite other members who have not affixed their signatures to the bill that if they like to do so they are more than welcome. And, if there is no objection, Mr. Speaker, I would like to place this on today’s calendar for action.

H. B. NO. 16-51: A Bill for an Act to make appropriations for the operations of the Government of the Commonwealth of the Northern Mariana Islands, its agencies, instrumentalities, and programs, and to provide budget authority for public corporations for Fiscal Year 2008, and for other purposes. Offered by: Representative Ray N. Yumul and nine others

-23- Fourth Day

Speaker Arnold Palacios: We will consider that when we get to the Bill Calendar. We will go down to Reports of Standing Committees. Representative Stanley Torres.

Representative Stanley Torres: Can we go back to item 11?

Speaker Arnold Palacios: Is there any objection?

There was no objection and the House went to Item 11, Miscellaneous Communications.

OTHER COMMUNICATIONS MISC. COMM. 16-4: (2/8/08) From Rear Admiral W.D. French (US Navy) in response to Representative Yumul’s request for records pertaining to the FDM firing range.

MISC. COMM. 16-5: (2/21/08) From the Honorable Aren Palik, President PIDB, regarding the legislature’s member representative to PIDB.

MISC. COMM. 16-6: (2/22/08) From Chairman Joseph M. Mendiola informing the House that the 16th Tinian & Aguiguan Legislative Delegation has duly organized and ready to transact business.

th MISC. COMM. 16-7: (2/25/08) From the 12 Rota Municipal Council requesting support of their FY 2008 budget submission.

MISC. COMM. 16-8: (2/12/08) From Ms. Shirley Dotts, PTI Human Resources Manager to Representative Torres regarding the hiring policies of PTI.

Speaker Arnold Palacios: We are back to item 11 and I recognize Representative Stanley Torres.

Representative Stanley Torres: (Inaudible)

Speaker Arnold Palacios: Representative Benavente, under privilege.

Representative Benavente: Mr. Speaker, I would like to ask Representative Stanley Torres to speak into the microphone for purposes of the journal.

Representative Stanley Torres: Mr. Speaker, this is regarding Miscellaneous Communication 16-8 from Ms. Shirley Dotts, PTI Human Resources responding to my letter regarding hiring policies. I have found a copy of the settlement agreement between PTI and the government of their commitment on hiring policies. It is surprising that they probably are not acting in good faith. I suspect there is a violation of the settlement agreement on hiring. They are skirting around outsourcing projects instead of hiring our local people, and the other one is regarding the trust fund shares. I think they suspended the deposit or remittance of some 10%, I believe, of their profit to the employee’s trust fund and we need to investigate that. I think I am going to ask my friend from Rota to join me in looking into this.

-24- House Journal – February 29, 2008

Speaker Arnold Palacios: Representative Torres, you are the Chairman of PUTC and you certainly have the authority to look into these issues and submit a formal report to the body on issues of hiring and as well as the other issues that you are now bringing up. So the House members and I will await a formal report on those issues. Representative Hocog.

Representative Hocog: Mr. Speaker, I would like to assure the Chairman, to relief him of such request, and I will take over the investigation. Thank you.

Speaker Arnold Palacios: Thank you, we are moving along just fine. Representative Salas, recognized.

Representative Salas: Mr. Speaker, may I request we do this expeditiously, so there be a timeline. Obviously PTI has said their statements basically indicating in part like 93% of their personnel are local hires so there seems to be differences.

Speaker Arnold Palacios: Yes, Representative Hocog has indicated he will do it as soon as possible. So we move down Item 12 and I recognize the Floor Leader.

REPORTS OF STANDING COMMITTEES Floor Leader Camacho: Mr. Speaker, I move for the adoption motion of S. C. R. NO. 16-1.

Several members seconded the motion.

S. C. R. NO. 16-1: Reporting on H. B. NO. 16-4, entitled, “A Bill for an Act to amend Public Law 12-61 governing the deposit security required of funds of the CNMI Government and its various agencies, including autonomous entities; and for other purposes.” Your Committee on Commerce and Tourism recommends passage.

Speaker Arnold Palacios: Discussion? Representative Babauta.

Representative Babauta: Mr. Speaker, a subsidiary motion to include S. C. R. NOs. 16-2, 16-3, 16-4, and 16-5.

Speaker Arnold Palacios: This is a motion to adopt S. C. R. NO. 16-1. We have to suspend rules for placement of those committee reports you mentioned.

Representative Babauta: No objection, Mr. Speaker.

There being no discussion, the motion to adopt S. C. R. NO. 16-1 on H. B. NO. 16-4 was carried by voice vote.

Speaker Arnold Palacios: Representative Babauta.

Representative Babauta: I yield and allow the Floor Leader to do just that which is his duty, Mr. Speaker.

-25- Fourth Day

Speaker Arnold Palacios: Mr. Floor Leader.

Floor Leader Camacho: With all due respect to Representative Babauta we are kind of pressed for time and we are committed to have a session next week, and since the committee reports are not presently on Order of Business, I recommend that we entertain those reports next week.

Representative Babauta: I have no objection, Mr. Speaker. I was alluding to the suspension of the rules, unless otherwise overruled by the House, to include these committee reports on today’s Order of Business whether or not we adopt them this morning or at a later time.

Floor Leader Camacho: Clarification, Mr. Speaker, I believe Representative Babauta is asking for just placement on the calendar. Is that correct, Representative Babauta?

Speaker Arnold Palacios: Let me ask the members to give the body indulgence. We will recess before noon and we will come back on Monday morning to take up the other matters on the agenda. We have a commitment with the Office of Public Auditor. They are giving a presentation at 1:30 this afternoon, so we cannot continue this afternoon and, if there is no objection we can come back on Monday.

Several members voiced no objection.

Speaker Arnold Palacios: We will recess before 12 noon. Representative Quitugua.

Representative Quitugua: Just a clarification, Mr. Speaker, when we adopt the standing committee reports are we adopting the legislation at the same time?

Speaker Arnold Palacios: No.

Floor Leader Camacho: Mr. Speaker, a motion to place on the calendar House Bill 16-4.

The motion was seconded by several others.

Speaker Arnold Palacios: The motion is to place H. B. NO. 16-4 with reference to S. C. R. NO. 16-1 on the Bill Calendar. Discussion on the motion.

There was no discussion and the motion to place H. B. NO. 16-4 was carried by voice vote.

REPORTS OF SPECIAL AND CONFERENCE COMMITTEES None

UNFINISHED BUSINESS None

RESOLUTION CALENDAR

-26- House Journal – February 29, 2008

Speaker Arnold Palacios: Floor Leader, recognized.

Floor Leader Camacho: Mr. Speaker, I move for the motion to adopt S. J. R. NO. 16-1, SD1.

Several members seconded the motion.

S. J. R. NO. 16-1, SD1: A SENATE JOINT RESOLUTION TO CALL FOR A JOINT SESSION OF THE LEGISLATURE TO RECEIVE THE STATE OF THE COMMONWEALTH ADDRESS BY THE GOVERNOR AND THE STATE OF THE WASHINGTON OFFICE REPORT BY THE RESIDENT REPRESENTATIVE TO THE UNITED STATES”.

Speaker Arnold Palacios: The motion is to adopt S. J. R. NO. 16-1, SD1 and it has been seconded. Discussion on the motion? Representative Deleon Guerrero.

Representative Deleon Guerrero: Thank you, Mr. Speaker. I would like to offer a floor amendment to S. J. R. No 16-1, SD1.

The amendment offered by the Vice Speaker is as follows:

On page 1, lines 18-20 and page 2, lines 1-6:

BE IT RESOLVED, by the Senate of the Sixteenth Northern Marianas Commonwealth Legislature, the House of Representatives concurring, that a joint session of both houses of the Legislature is hereby called for Friday, April 25, 2008, at nine o’clock ante meridian, at the Chamber of the House of Representatives, Honorable Pedro P. Tenorio Multi-purpose Center, Susupe, Jesus P. Mafnas Memorial Building, Capitol Hill, Saipan, for the purpose of receiving the annual State of the Commonwealth Address by the Governor followed by the Report on the State of the Washington Office by Resident Representative pursuant to Article III, Section 9(b) of the Constitution of the Northern Mariana Islands and 1 CMC § 4207, respectively; and

On page 2, lines 7-10:

BE IT FURTHER RESOLVED, if for any reason the Chamber of the House of Representatives is not available, the joint session shall be held in the Chamber of the Senate, Legislature Building, Capitol Hill, Saipan, at the aforementioned time and date; and

Speaker Arnold Palacios: Short recess.

The House recessed at 11:35 a.m.

RECESS

The House reconvened at 11: 37 a.m.

Speaker Arnold Palacios: We are back in session. Does everybody have a copy the amendment submitted by the Vice Speaker? Is there a second to that motion?

Floor Leader Camacho and Representative Hocog seconded the motion.

-27- Fourth Day

Speaker Arnold Palacios: There is a motion to amend S. J. R. NO. 16-1, SD1. The motion has bee seconded. I recognize Representative Babauta under discussion.

Representative Babauta: Thank you, Mr. Speaker. I would like to clarify from the new appointee to look into this Joint Resolution whether or not they have engaged with both the Administration and the Washington Representative on the timing of the so-called SOCA (State of the Commonwealth Address).

Vice Speaker Deleon Guerrero: Was the question about the date?

Representative Babauta: In general, yes, because Mr. Speaker, I happen to read your memo appointing our Vice Speaker and our Floor Leader to work with the Senate and of course the respective offices involved.

Speaker Arnold Palacios: Basically, the issue at hand was not the date. The critical issue was the venue. The Senate Joint Resolution calls that the venue be the House Chamber. So I assigned the Vice Speaker and the Floor Leader to discuss the issue with the Senate.

Representative Babauta: So clarified, thank you.

Speaker Arnold Palacios: Are there any further discussion? Ready.

There being no further discussion, the motion to adopt the floor amendment offered by Vice Speaker Deleon Guerrero to S. J. R. NO. 16-1, SD1 was carried by voice vote.

Speaker Arnold Palacios: Any further discussion? Ready.

There was no further discussion; the motion to adopt S. J. R. No. 16-1, SD1, HD1, was carried by voice vote.

Speaker Arnold Palacios: S. J. R. NO. 16-1, Senate Draft 1, House Draft 1 is hereby adopted by the House. Mr. Floor Leader.

Floor Leader Camacho: Mr. Speaker, we can move to on Bill Calendar.

Representative Babauta: Point of information.

Speaker Arnold Palacios: Representative Babauta, on point of information.

Representative Babauta: Are we going to take up the remaining resolutions today instead of moving on to the Bill Calendar?

Speaker Arnold Palacios: No. Representative Hocog.

-28- House Journal – February 29, 2008

Representative Hocog: Mr. Speaker, I believe I made a motion to Calendar House Joint Resolution 16-2 for action on today’s session and … (End of Tape 2, side A).

(Start of Tape 2, side B)

Speaker Arnold Palacios: That is correct H. J. R. No 16-2, Mr. Floor Leader.

Floor Leader Camacho: Are your referencing House Joint Resolution 16-2 or House Resolution 16-8?

Speaker Arnold Palacios: House Joint Resolution 16-2. Actually these two resolutions were placed for action. So we will entertain the motion to adopt House Joint Resolution 16-2.

Floor Leader Camacho: Mr. Speaker, a motion for adoption House Joint Resolution 16-2.

Several members seconded the motion.

H. J. R. NO. 16-2: A HOUSE JOINT RESOLUTION RESPECTFULLY REQUESTING AND URGING THE UNITED STATES CONGRESS TO INCREASE THE AUTHORIZATION AUTHORITY OF PUBLIC LAW NO. 99-396 FOR PAYMENT OF ANNUAL AMOUNTS OF DIRECT GRANT ASSISTANCE FOR THE GOVERNMENT OF THE NORTHERN MARIANA ISLANDS TO ASSIST THE COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS IN ITS EFFORTS TOWARD ECONOMIC RECOVERY.

Speaker Arnold Palacios: Discussion on the motion? Representative Babauta.

Representative Babauta: Just to be consistent with our rules, I guess the Floor Leader needs to suspend pertinent rules to place it and then dispose of it.

Speaker Arnold Palacios: The rules allow that the Chair can place resolutions on calendar. Thank you. Any more discussions?

Representative Babauta: Ready, Mr. Speaker.

There being no discussion, the motion to adopt H. J. R. NO. 16-2 was carried by voice vote.

Speaker Arnold Palacios: The motion carries. H. J. R. NO. 16-2 is hereby adopted by the House.

Floor Leader Camacho: Mr. Speaker, a motion for adoption of House Resolution No. 16-8.

Several members seconded the motion.

H. R. NO. 16-8: A HOUSE RESOLUTION TO RECOGNIZE THE BORJA FAMILY OF AS TEO, SAIPAN, FOR THEIR CONTINUED AND UNTIRING EFFORTS IN MAINTAINING THE OUR LADY OF SANTA LOURDES SHRINE AND HOSTING THE ANNUAL FIESTA, AND TO ENCOURAGE THE MARIANAS VISITORS AUTHORITY TO PROVIDE LOGISTICAL SUPPORT FOR THE OPERATIONS OF THE SITE.

-29- Fourth Day

Speaker Arnold Palacios: Discussion on the motion? Representative Babauta.

Representative Babauta: I would like to ask the mover whether he requested for the committee of the whole or just the author. Okay, thank you, Mr. Speaker.

Speaker Arnold Palacios: Representative Dela Cruz.

Representative Dela Cruz: Thank you, Mr. Speaker. Just one clarification -- while I commend the good Representative Reyes for this House Resolution encouraging the MVA to provide logistical support, I do not believe MVA provides logistical support or ground works at this time. I believe that has been transferred to the Division of Parks and Grounds and the other entities are the Department of Public Works and the Mayor’s Office. So I am not sure whether this would be and should be in this resolution.

Speaker Arnold Palacios: Representative Reyes.

Representative Reyes: The intent of having MVA assist with some logistical support is that we are primarily looking at bathroom facilities, Mr. Speaker. It is a shame because the site right now does not have anything to accommodate locals and tourists alike with such a facility. I did say MVA because, as the resolution says, it is being frequented right now by over 100 tourists a day and they come in by the bus load. I may be erroneous into the agency whomsoever that can provide the assistance, but I think MVA might be able to accommodate.

Speaker Arnold Palacios: Representative Benavente.

Representative Benavente: Representative Dela Cruz is correct and actually at this time the Division of Parks and Grounds is the entity that is providing the maintenance for all tourist sites. I have no objection, as a matter of fact, I do believe that the intent of the resolution is proper that we, the government, somehow assist in the maintenance of Santa Lourdes Shrine as it is one of the most frequented places by tourists. And if I may just offer a oral floor amendment.

Speaker Arnold Palacios: Proceed.

Representative Benavente: On page 2, wherever it says the “Marianas Visitors Authority”, just change that to the “Division of Parks and Grounds”. I move for the oral floor amendment.

Representative Reyes seconded the motion.

Speaker Arnold Palacios: Vice Speaker Deleon Guerrero.

Vice Speaker Deleon Guerrero: Mr. Speaker, perhaps the mover can also further add on line 20 and 21 of page 2 that instead of “Perry Tenorio, Director of MVA” that it be the “Director of Parks and Grounds”.

-30- House Journal – February 29, 2008

Representative Benavente: Without objection, I would withdraw my original motion and my motion would include now the changes offered by the Vice Speaker on those lines as well.

Several members seconded the motion.

Speaker Arnold Palacios: Okay, is everybody clarified with the amendment? I will allow the Legal Counsel to make the necessary changes. Representative Stanley Torres.

The legal counsel recommended that the same changes be made on the heading of the resolution, and on page 2, line 14.

Representative Stanley Torres: Since this is all about the Borja family, I would like to add on the title after “Borja family” insert, “also known as Tuhu’”. Thank you.

Several members seconded the motion.

Speaker Arnold Palacios: Representative Deleon Guerrero.

Vice Speaker Deleon Guerrero: Mr. Speaker, I think Borja family encompasses the families in As Teo and further reference of family nickname may -- in a resolution, we want to be as cordial as possible and I do not know if going that one step further will make it cordial. I think the respect is there when we say their family without referencing the nickname, with all due respect to my good Congressman.

Speaker Arnold Palacios: Representative Babauta.

Representative Babauta: I am afraid that this is going to drag the time. I understand the Chair has some emergencies to attend to having an immediate family in the hospital. But, if there is no objection with the House, Mr. Speaker, I recommend that we adopt this on the basis that we allow our clerk and the counsel to make those technical changes. I also see a minor name change. I do not know whether it is the given name or nickname, but we need to clarify “Benbal”. I understand from family members his real name is “Benbar”, so if we can just move on and adopt on the premise that we allow the clerk and the counsel to make those necessary changes.

Several members voiced no objection.

Speaker Arnold Palacios: So ordered. Representative Reyes.

Representative Reyes: First of, I did consult with the family members on this to begin with and there was no mention of putting the Tuhu’. I think they would rather leave it out. And as far as the spelling is concern, it is the spelling that I got from the family members so I think it is well in place. Thank you.

Speaker Arnold Palacios: The motion to insert in the heading after the name “Borja” “aka Tuhu’” has been seconded, discussion. Representative Hofschneider.

-31- Fourth Day

Representative Hofschneider: With all due respect to the mover if you do not vote for that then you get to be singled out and we are not picking names of families here. We need to respect one another. Let us just show raise of hands, if we are going to include it then we will include it. Do not get people to be pinned out.

The House recessed at 11:53 a.m.

RECESS

The House reconvened at 11:54 a.m.

Speaker Arnold Palacios: We are back to session. I will call the vote by the raising of hands.

Several members voiced ready. The motion to amend H. R. NO. 16-8 offered by Representative Stanley Torres to insert after “Borja”, “aka Tuhu’” was defeated by raising of hands.

The House recessed at 11:54 a.m.

RECESS

The House reconvened at 11: 55 a.m.

Speaker Arnold Palacios: We are back to our session. I will once again call the vote by voice.

The motion to amend offered by Representative Stanley Torres to H. R. NO. 16-8 by inserting “also known as the Tuhu’” after “Borja” was defeated.

Speaker Arnold Palacios: The subsidiary motion is hereby defeated. We are back to the main motion. Representative Yumul.

Representative Yumul: Regarding the resolution I would like to ask a simple question of whether or not the funding is available for this and who is to provide for the funding such as the toilet facilities.

Speaker Arnold Palacios: Representative Reyes.

Representative Reyes: Mr. Speaker, the funding issue is not addressed on this resolution at this time. It has been a struggle actually, the fiesta just went by last month, and, as indicated, the Borja families are mainly interested in a toilet facility. I have spoken to Perry regarding this at one time and actually that is why I put MVA because he said we could always work this out, and that is the reason why MVA was there initially.

Speaker Arnold Palacios: Thank you. The resolution actually just encourages the Division of Parks and Grounds, so it has no legal binding.

-32- House Journal – February 29, 2008

Representative Yumul: I understand that, Mr. Speaker, but I just hate for the Division to come back to the Legislature and ask where the money for this facility is. I understand about the others such as widening the roads for parking and cleaning adjacent to that area, but it is just a concern that when we speak of toilet facilities it usually means a structure needs to be put up and to my knowledge that whole area is private property. So, we might be indirectly saying that we are going to have to take a portion of property and purchase it outright and then build the facility. It is just an area of concern. I do understand it is a resolution but still it is good to be thorough and think of all the options here so that it could be a really strong resolution that would have a lot of meaning. Thank you, Mr. Speaker.

Speaker Arnold Palacios: Representative Reyes.

Representative Reyes: Mr. Speaker, I just want to say that actually at the site right now is public land. It has been a long research because the Borja family told me that it has been considered a public land. The bottom line is, Mr. Speaker, we have had Santa Lourdes fiestas for I do not know how long. I remember since I was growing up and perhaps the government is just never there to help even on a fiesta day. All they need is a bathroom, they have been cleaning it up, maintaining it at their own expense, and they still do even though it is a public land.

Speaker Arnold Palacios: I will allow one more comment, Representative Babauta.

Representative Babauta: I just want to bring the members attention to page 2, lines 7 and 8. I do not know the intent of the mover or rather the author but for many years our government consistently assist on various community projects and one them whether it is a subsidy in a form of donation or toilet facility or grading of the access ingress or egress, so we want to clarify this and I am willing to offer an amendment to delete this.

Speaker Arnold Palacios: Representative Hocog.

Representative Hocog: Mr. Speaker, it will be incumbent of that precinct representative to provide the toilet facilities if we cannot find funding anywhere. That is their donation. Thank you.

Speaker Arnold Palacios: We will now be voting on the motion to adopt H. R. NO. 16-8, as amended.

Representative Benavente: Point of order.

Speaker Arnold Palacios: State your point.

Representative Benavente: Mr. Speaker, we should be voting on the amendment that I offered. The subsidiary motion that we voted on was the one offered by Representative Stanley Torres.

Speaker Arnold Palacios: I believe we did that.

-33- Fourth Day

Representative Benavente: Right, so the main motion, which is the amendment I offered is what is pending.

Speaker Arnold Palacios: We already disposed of that.

Representative Hocog: The Speaker ordered the counsel to include the changes without objection from the members.

Representative Benavente: Mr. Speaker, if I may. I made a motion, I did not withdraw that motion, and it was seconded. I think the recommendation you made which was brought up was for the counsel to make the necessary changes on any of the areas where it is proper, but there was a motion on the floor and I did not withdraw that motion.

Representative Babauta: Mr. Speaker, when convoluted amendments started popping in, I offered by genuine recommendation for the counsel and the clerk to appease the movers so that the resolution can be compiled in a very nice engrossment. There was no objection and I assumed that the Chair ruled, which I have heard that he did.

Speaker Arnold Palacios: That is correct.

Representative Benavente: Mr. Speaker, if I may, you would have to ask me to withdraw my motion, and I did not.

Speaker Arnold Palacios: Okay, so let us go back. Please restate your motion so that we can vote on it.

Representative Benavente: The motion was to change wherever “MVA” appears to “Division of Parks and Grounds” to include the other changes by the Vice Speaker on the second resolving clause, with the understanding after we adopt this motion clearly showing the intent to make the changes to any other area in the resolution would be allowed as agree upon by you as recommended by Representative Babauta. If you want, I can withdraw my motion so that it is clear on the record. Otherwise, there is a motion pending on the floor which we have to dispose of.

Speaker Arnold Palacios: Okay, we go back to Representative Benavente’s motion to amend Marianas Visitors Bureau universally to Division of Parks and Grounds. Further discussion.

There was no further discussion and the motion to amend H. R. NO. 16-8 as offered by Representative Benavente was carried by voice vote.

Speaker Arnold Palacios: Ready for the main motion.

Several members voiced and the motion to adopt H. R. NO. 16-8, House Draft 1 was carried by voice vote.

-34- House Journal – February 29, 2008

Speaker Arnold Palacios: H. R. NO. 16-8, as amended is hereby adopted. Mr. Floor Leader, motion to recess. Representative Apatang.

Representative Apatang: Mr. Speaker, before we recess and with the indulgence of the members, can we go back to item 3. I have a bill to introduce.

Several members voiced no objection.

INTRODUCTION OF BILLS Speaker Arnold Palacios: We are back to Item 3, Representative Apatang, please proceed.

Representative Apatang: Thank you Mr. Speaker, I have an unnumbered bill to introduce to repeal and reenact Section 2 of Public Law 14-98 to exempt the Northern Marianas College from a rate increase of the employer contribution to the Retirement Fund.

H. B. NO. 16-54: A Bill for an Act to repeal and reenact Section 2 of Public Law 14-98 to exempt the Northern Marianas College from a rate increase of the employer contribution to the Retirement Fund. Offered by: Representative David M. Apatang Referred to: Committee on Health, Education, and Welfare

Speaker Arnold Palacios: Thank you. Representative Stanley Torres, under privilege.

Representative Stanley Torres: Mr. Speaker, I have two privilege speeches submitted to the clerk and I emphasize as submitted as read. Thank you.

HOUSE COMMUNICATIONS The privileged statements submitted by Representative Stanley Torres follow:

HSE. COMM. 16-21: (2/19/08) From Representative Stanley Torres to DPS Commissioner Warfield.

HSE. COMM. 16-22: (2/29/08) From Representative Stanley Torres regarding NMC President Carmen Fernandez.

Speaker Arnold Palacios: Thank you, Representative Stanley Torres. Floor Leader.

MISCELLANEOUS BUSINESS None

ADJOURNMENT Floor Leader: I move to adjourn to ten o’clock Monday morning.

The motion was seconded and carried by voice vote.

-35- Fourth Day

The House adjourned at 12:07 p.m. until Monday, March 3, 2008 at 10:00 a.m.

Respectfully submitted,

Evelyn C. Fleming House Clerk

APPEARANCE OF LOCAL BILLS

st FIRST APPEARANCE: 1 Appearance of a local bill is on the date of introduction.

SECOND APPEARANCE:

H. L. B. NO. 16-1: A Local Appropriation Bill for an Act for the Third Senatorial District to reappropriate $38,000.00 from Section 2(h) of Saipan Local Law 15-16; and for other purposes. (Representative David M. Apatang)

H. L. B. NO. 16-2: A Local Appropriation Bill for an Act for the Third Senatorial District to reappropriate $324,802.00 from the FY 2007 lapsed funds collected pursuant to Saipan Local Law 11-2 for the settlement of judgment in Jose Ch. Camacho v. CNMI Department of Public Works, et al., Civil Action No. 04-0220E; and for other purposes. (Representative David M. Apatang)

H. L. B. NO. 16-3: A Local Appropriation Bill for an Act for the Third Senatorial District to reappropriate section 2(a) of Saipan Local Law 14-31 and section 2(f) of Saipan Local Law 15-12; and for other purposes. (Representative Justo S. Quitugua)

H. L. B. NO. 16-4: A Local Bill for an Act for the Second Senatorial District to appropriate $98,000.00 from the local license fees for pachinko slot machines and poker machines in the Second Senatorial District to fund the Tinian Municipal Scholarship Program; and for other purposes. (Representative Edwin P. Aldan)

THIRD APPEARANCE: NONE

-36-