Senate Journal SECOND REGULAR SESSION, 2010 SJ 17-15
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Adopted on November 19, 2010 THE SENATE • SEVENTEENTH LEGISLATURE • COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS Senate Journal SECOND REGULAR SESSION, 2010 SJ 17-15 Second Day Friday September 03, 2010 In compliance with the Open Government Act, Senate President Paul A. Manglona issued a notice on August 31, 2010, announcing that the Senate of the Seventeenth Northern Marianas Commonwealth Legislature will convene this open and public session. The notice, the official session call, and the session agenda were filed in the Office of the Senate Clerk; released to the media; and posted at the Entrance Halls of the Office of the Governor, House of Representatives, and the Senate, and on the Commonwealth Legislature’s website at www.cnmileg.gov.mp. The Senate of the Seventeenth Northern Marianas Commonwealth Legislature convened its Second Day, Second Regular Session, on September 03, 2010, at 3:52 p.m., at the Tinian Elementary School, Tinian, Commonwealth of the Northern Mariana Islands. The Honorable Paul A. Manglona, President of the Senate, presided. A moment of silence was observed. The Clerk called the roll and Eight (8) members were present and One (1) member was absent. President Paul A. Manglona: Please let the records reflect that Senator Luis P. Crisostimo is excused for today’s session so with eight (8) members present this afternoon, we have the necessary quorum to conduct today’s session. Before we move on, I would just like to recognize the presence of Mayor Dela Cruz in the gallery as well as members from the Municipal Council, Board members of PSS and as I understand the Chair of NMC Board of Regents in here as well as the Commissioner of PSS, the PSS family and NMC family. Todu siha i man distenggidu na members siha na taotao ta ni man hita todus mañe’lo-hu yan mañe’la-hu ni man gaige pagu, Si Yu’us Ma’se ni man presente hamyo. Floor Leader the reading and approval of the Journal. READING AND APPROVAL OF THE JOURNAL ST th 1. SJ 17-10 – 1 Day – 5 Special – ADOPTED st th 2. SJ 17-11 - 1 Day - 6 Special - ADOPTED -1- Second Day, Second Regular Session, September 03, 2010 SJ 17-15 Floor Leader Pete P. Reyes: Thank you Mr. President. We have two journals, Senate Journal 17- 10, First Day, Fifth Special Session and Senate Journal 17-11, First Day, Sixth Special Session, I move for its adoption. Seconded by several members. President Paul A. Manglona: Is there any discussion? Those in favor say ‘aye”. Several members voiced, “aye”. President Paul A. Manglona: All opposed say, “nay”. The motion was carried by voice vote. MESSAGES FROM THE GOVERNOR 1. Gov. Msg. No. 17-205: August 13, 2010 – H.B. No. 17-66, HD1, SD1, entitled, “To reform the Commonwealth’s ELECTION STATUTES to conform with federal requirements,” becomes PUBLIC LAW NO. 17-11. 2. Gov. Msg. No. 17-206: August 03 2010 – Certification for vacant positions for one Personnel Assistant, at OPM. 3. Gov. Msg. No. 17-207: July 28, 2010 – Certification for vacant positions for one Land Title Investigator, at the Technical Services Div., DPW. 4. Gov. Msg. No. 17-208: August 10, 2010 – Re-appointment of Mr. Jerry P. Crisostimo to serve on the NMI Retirement Fund Board of Trustees representing Saipan. 5. Gov. Msg. No. 17-209: August 17, 2010 – Signed into law S.B. No. 17-22, entitled, “To designate public land on the island of Tinian for homesteading purposes; becomes PUBLIC LAW NO. 17-12. 6. Gov. Msg. No. 17-210: August 21, 2010 – Executive Order 2010-09; Declaration of a State of Emergency: CUC #25. 7. Gov. Msg. No. 17-211: August 24, 2010 – Signed into law H.B. No. 17-33, HD1, entitled, “To amend Section 3 of PL 12-14, as it applies to the surrounding waters of the Municipality of Rota, to ensure that such regulations do not restrict the rights of persons engage in non-commercial net-fishing, provided that such right be restricted to non-commercial net-fishing for the purpose of obtaining fish for personal or immediate family consumption, to also ensure that the definition of “non-traditional fishing 2 Second Day, Second Regular Session, September 03, 2010 SJ 17-15 methods” is not misinterpreted to include non-commercial net-fishing; and for other purposes,” became PUBLIC LAW NO. 17-13. 8. Gov. Msg. No. 17-212: August 24, 2010 – Signed into local law S.L.B. No. 17-02 D1, entitled, “To amend 10 CMC §§ 1403(c) and 1407(a) (1) and (2) and changing provisions of the Rota Cockfighting Law,” became ROTA LOCAL LAW NO. 17-8. 9. Gov. Msg. No. 17-213: August 24, 2010 – Signed into local law with VETO item, H.L.B. No. 17-24 D1, entitled, “For the First Senatorial District to appropriate $8,000 from local license fees collected for poker and pachinko slot machines in the First Senatorial District; and for other purposes,” became ROTA LOCAL LAW NO. 17-7. 10. Gov. Msg. No. 17-214: August 25, 2010 – Meeting with joint leadership of the Legislature to discuss the will of the people of the Commonwealth in regards to the DOI’s recommendations to the U.S. Congress. Amended to include: 11. Gov. Msg. No. 17-215: August 20, 2010 – Directive 272 on RIF 12. Gov. Msg. No. 17-216: August 31, 2010 – Copy of resume, statement of financial interests, police clearance and drug test receipt for Jerry P. Crisostimo. President Paul A. Manglona: Is there any member that wish to comment? If none, lets move on to Messages from the Judiciary? COMMUNICATIONS FROM THE JUDICIARY NONE COMMUNICATIONS FROM HEADS OF EXECUTIVE DEPARTMENTS 1. Dept. Msg. No. 17-18 - EXCEPTION TO HIRING FREEZE AS FOLLOW: c) Dept. of Commerce – Saipan for Special Assistant to the Secretary of Commerce. d) Dept. of Labor – Tinian – (1) Labor Certification Worker I and (2) Labor Law Enf. Tech I. 3 Second Day, Second Regular Session, September 03, 2010 SJ 17-15 2. Dept. Msg. No. 17-19: August 18, 2010 – DPL – Rota comment on S.B. No. 17-25 – Tatachog Beach Park as a cultural/arts center and S.B. 17-39 – Homestead permits for active duty military service. Floor Leader Pete P. Reyes: Thank you. Mr. President, I think it is appropriate at this time to move for the suspension on rules for the compliance of the Open Government Act to allow members to amend our order of business. Seconded by several members. President Paul A. Manglona: There is a motion and it has been seconded to amend our agenda to reflect our agenda as shown in our copies this afternoon. Those in favor say ‘aye”. Several members voiced, “aye”. President Paul A. Manglona: All opposed say, “nay”. The motion was carried by voice vote. The Chair recognizes Floor Leader Pete P. Reyes. Floor Leader Pete P. Reyes: Thank you. Mr. President, I now move to amend our order of business. Could the members refer to their copies on page 2? I move to include Governor’s Message No. 17-215 and Governor’s Message No. 17-216, House Communication No. 17-72, in reference to House Resolution No. 17-18 and House Communication No. 17-76, in reference to House Bill No. 17-104, HS1, the election bill. Also, include Senate Resolution No. 17-23, ESGR. For the Calendar, include Senate Resolution No. 17-23 and Senate Bill No. 17-26 for final action, so moved. Seconded by several members. President Paul A. Manglona: Is there any discussion? Those in favor say ‘aye”. Several members voiced, “aye”. President Paul A. Manglona: All opposed say, “nay”. The motion was carried by voice vote. The Chair recognizes Floor Leader Pete P. Reyes. Floor Leader Pete P. Reyes: Thank you Mr. President. I believe we need to go back to our order of business. 4 Second Day, Second Regular Session, September 03, 2010 SJ 17-15 President Paul A. Manglona: Is there any comments on Governors Message No. 17-215 or Governors Message No. 17-216? On Governors Message No. 17-216, unfortunately there was a request to place the nominees appointment for consideration but the Chairman, Senator Cruz has indicated that the Committees policy or rule is that the Senate should conduct a public hearing on all nominees even those that are being re-nominated and have already undergone the process. So it is for that reason that we are not considering the appointment today for the nominees that are being re- appointed. Under Communication from Head of Executive Department, we have exception to the hiring freeze from the Department of Commerce and the Department of Labor and I know that the approval requires the signature of only the presiding officer in the Senate and in the House but our policy in the Senate is that the members have to vote on every hiring freeze exemption so that with that I am going to ask the Floor Leader to make the appropriate motion. Floor Leader Pete P. Reyes: Can I ask that we go into a short recess? President Paul A. Manglona: Short recess. The Senate recessed at 4:00 p.m. And The Senate reconvened at 4:04 p.m. President Paul A. Manglona: We are back to our plenary session. We are still discussing exemptions to the hiring freeze and the Floor Leader will make the appropriate motion. Floor Leader Pete P. Reyes: Thank you. Mr. President, I move for the approval of the Department of Labor of Tinian, the hiring of Labor Certification Worker I and Labor Enforcement Technician I, so moved.