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THE SENATE • SIXTEENTH LEGISLATURE • COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS

Senate Journal THIRD SPECIAL SESSION, 2009

SJ 16-33

First Day Monday May 18, 2009

The Senate of the Sixteenth Northern Marianas Commonwealth Legislature convened its

First Day, Third Special Session, on May 18, 2009, at 11:18 a.m., in the Senate Chamber, Capitol Hill, Saipan, Commonwealth of the Northern Mariana Islands. The Honorable Pete P. Reyes, President of the Senate, presided. A moment of silence was observed. President Pete P. Reyes: Clerk, please call the roll.

The Clerk called the roll. Eight (8) members were present. President Pete P. Reyes: With eight (8) members being present, we have a quorum to conduct today’s business. Please let the record show that Senator Paul A. Manglona is excused from today’s session.

READING AND APPROVAL OF THE JOURNAL

1. SJ 16-30 - (March 26, 2009 Session) 2. SJ 16-31 - (April 15, 2009 Session)

Floor Leader Hofschneider: Thank you, Mr. President. We have Senate Journal No. 16-30 from March 26, 2009 Session and Senate Journal 16-31 in referenced to April 15, 2009 Sessions. I move for the adoption of such Journals. The motion was seconded. President Pete P. Reyes: The motion has been made and seconded. Is there any discussion on the Journals? Several members voiced, “ready.” President Pete P. Reyes: All in favor for the adoption of Senate Journal 16-30 and Senate Journal 16-31 say, “aye”.

Several members voiced, “aye”.

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First Day, Third Special Session SJ 16-33

President Pete P. Reyes: All opposed say, “nay”.

The motion was carried by voice vote. President Pete P. Reyes: The motion is carried. Senate Journal 16-30 and Senate Journal 16-31 are hereby adopted.

MESSAGES FROM THE GOVERNOR

1. Gov. Msg. No. 16-472: May 01, 2009 – Executive Order 2009-04: Declaration of A State of Disaster Emergency: CUC.

2. Gov. Msg. No. 16-473: April 29, 2009 – Certification for annual salary in excess of

$50,000 for Dr. Martin P. Rohringer at CHC.

3. Gov. Msg. No. 16-474: May 04, 2009 – Certification for annual salary in excess of $50,000 for Ms. Bertha-Jermay P. Camacho (Nurse Practitioner) at CHC.

4. Gov. Msg. No. 16-475: May 05, 2009 –2nd Interim Report for CUC.

5. Gov. Msg. No. 16-476: May 04, 2009 –Certification for annual salary in excess of

$50,000 for Mr. Brian Gallagher at the Criminal Div., AG.

6. Gov. Msg. No. 16-477: May 04, 2009 –Copy of resume, statement of financial interest, and drug test receipt for Mr. Gregorio Q. Castro, appointed to serve as a member of the Board of Professional Licensing.

7. Gov. Msg. No. 16-478: May 04, 2009 –Copy of drug test result for Mr. Juan S.

Demapan appointed to serve on the NMC Board of Regents. 8. Gov. Msg. No. 16-479: May 04, 2009 –Certificate fro annual salary in excess of

$50,000 for Dr. Hazel Brown at CHC.

9. Gov. Msg. No. 16-480: May 05, 2009 –Appointment of Mr. Philip M. Long to serve on the MPLT to represent Tinian.

10. Gov. Msg. No. 16-481: May 06, 2009 –Signed into law H.B. No. 16-129, HS1, HD2,

entitled, “To appropriate all monies deposited in the Tobacco Control Fund for FY 2009 pursuant to PL 13-38,” becomes PUBLIC LAW NO. 16-39.

11. Gov. Msg. No. 16-482: May 08, 2009 –Signed into law H.L.B. No. 16-29, S1, D1,

entitled, “To appropriate $24,000 from the local license fees collected from pachinko slot machines and poker machines in the Second Senatorial District and to make technical amendments to TLL 16-6,” becomes TINIAN LOCAL LAW NO. 16-8.

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SJ 16-33 May 18, 2009

12. Gov. Msg. No. 16-483: May 08, 2009 –Resume, statement of financial interests and drug test receipt of Ms. Margarita T. Prater, appointed to serve on the CPA Board of Directors representing Saipan.

13. Gov. Msg. No. 16-484: May 08, 2009 – Certification for annual salary in excess of

$50,000 for Dr. Arthur J. Loerzel, M.D. at CHC.

14. Gov. Msg. No. 16-485: May 08, 2009 – Certification for annual salary in excess of $50,000 for Dr. John William Rodgers, M.D. at CHC.

15. Gov. Msg. No. 16-486: May 12, 2009 – Appointment of Ms. Adelina C. Roberto to

serve as a member of the NMI Retirement Fund Board of Trustees to represent Saipan.

16. Gov. Msg. No. 16-487: May 12, 2009 – Appointment of Mr. Francisco P. Rosario to

serve as a member of the NMI Retirement Fund Board of Trustees to represent Saipan.

17. Gov. Msg. No. 16-488: May 12, 2009 – Signed into law S.B. No. 16-52, entitled, To

rename the Rota Veteran Memorial Park to “the Corporal Joe G. Charfauros Jr. Rota Veteran Memorial Park,” becomes PUBLIC LAW NO. 16-40.

18. Gov. Msg. No. 16-489: May 15, 2009 – Enclosed are copies of resume, statement of

financial interests, and drug test receipt of Ms. Adelina C. Roberto appointed to serve as a member of NMI Retirement Fund Board of Trustee.

19. Gov. Msg. No. 16-490: May 15, 2009 - Enclosed are copies of resume, statement of

financial interests, and drug test receipt of Mr. Francisco P. Rosario appointed to serve as a member of NMI Retirement Fund Board of Trustee.

20. Gov. Msg. No. 16-491: May 15, 2009 - Enclosed are copies of resume, statement of

financial interests, and drug test receipt of Mr. Phillip Mendiola-Long appointed to serve as a member of the MPLT Board of Directors.

President Pete P. Reyes: Is there any discussion under Messages from the Governor? There was no discussion.

COMMUNICATIONS FROM THE JUDICIARY

(NONE)

COMMUNICATIONS FROM HEADS OF EXECUTIVE DEPARTMENTS

1. Dept. Msg. No. 16-74: April 21, 2009 – Office of Personnel Management response to Rep. Yumul’s request of a list of new hires since PL 16-32.

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2. Dept. Msg. No. 16-75: April 29, 2009 – Office of Personnel Management regarding

Grants Writing Training.

3. Dept. Msg. No. 16-76: April 28, 2009 – Delegation of Authority as Acting Parole Officer Mr. Melvin W.C. Sakisat.

President Pete P. Reyes: Is there any discussion?

There was no discussion.

COMMUNICATIONS FROM THE HOUSE

1. Hse. Comm. No. 16-251: May 12, 2009 – Rejected the Senate amendments to H.B. No. 16-179, HD1, SD1, entitled, “To amend and repeal certain section of PL 15-46, the Probation Reform Act of 2006; and for other purposes.”

2. Hse. Comm. No. 16-252: May 11, 2009 – Transmitting for Senate action H.B. No.

16-243, HD1, entitled, “To amend PL 16-32 to reprogram $206,396.34 from MVA’s non-personnel appropriation to its personnel appropriation; and for other purposes.”


16-229, entitled, “To establish an Office of Grants Management under the Office of the Governor.”


16-240, entitled, “To amend the Alcoholic Beverage Control Act, and for other purposes.”


16-242, HD1, entitled, “To amend the Victims’ Rights Act; and for other purposes.”

6. Hse. Comm. No. 16-256: May 13, 2009 – Transmitting for Senate action H.B. No. 16-247, entitled, “To amend Public Law 16-39 to clarify certain provisions; and for other purposes.”

7. Hse. Comm. No. 16-257: May 13, 2009 – Transmitting certified copy of H.R. No.

16-81, entitled, “To request DPW to draft and adopt a Right of Way Manual establishing uniform standard guidelines and procedures for acquiring private property for public highways in the Commonwealth.”

8. Hse. Comm. No. 16-258: May 13, 2009 – Transmitting certified copy of H.R. No.

16-88, entitled, “Conveying the sincere condolences and sympathy of the House of Representatives to the bereaved family of the late Howard I. Macaranas on the occasion of his untimely passing and to pay fond tribute to his memory.”

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SJ 16-33 May 18, 2009

9. Hse. Comm. No. 16-259: May 12, 2009 – Representative Tina Sablan regarding CUC briefing on federal stipulated orders and preferred stock MOA.

President Pete P. Reyes: Is there any discussion from the members? Members, please note that House Communication No. 16-252 and House Communication No. 16-256 are on the Calendar. There was no further discussion.

COMMUNICATIONS FROM THE WASHINGTON REPRESENTATIVE

(NONE)

UNFINISHED BUSINESS

(NONE)

PRE-FILED BILLS AND RESOLUTIONS

1. Senate Resolution No. 16-34: In honor of the late Honorable Howard I. Macaranas and

recognizing his many significant contributions to the people of the CNMI. (SEN. JUDE U. HOFSCHNEIDER – 04/30/09)

2. S.J.R. No. 16-11: To approve two additional full-time employees (FTE’s) for the

Community Guidance Center, a division of the DPH. (SEN. MARIA FRICA. T. PANELINAN – 05/18/09)

3. Senate Resolution No. 16-36: Recognizing Staff Sergeant Abigail A. Evangelista in her appointment to the White House Communication Agency Supporting Presidential Operations.

(SEN. HENRY H. SAN NICOLAS – 05/18/09) 4. Senate Legislative Initiative No. 16-12: To amend Article X1 Section 6 (d) of the

Constitution of the Commonwealth of the Northern Mariana Islands to require the MPLT to disburse earnings from MPLT investments to persons of NMI descent. (SEN. LUIS P. CRISOSTIMO – 05/18/09)

Floor Leader Hofschneider: Thank you, Mr. President, we have Senate Joint Resolution No. 16-11 and Senate Resolution No. 16-36. President Pete P. Reyes: That is in addition to Senate Resolution No. 16-34, right? The placement motion was seconded. Floor Leader Hofschneider: That is correct, Mr. President.

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President Pete P. Reyes: On the Initiative, I understand that it has been prefiled. Let me recognize Senate Luis Crisostimo. Senator Luis Crisostimo: Mr. President, on Introduction of Bill, I would like to introduce Senate Legislative Initiative No. 16-12 to amend Article XI, Section 60 of the Constitution of the Commonwealth of the Northern Mariana Islands to require the Marianas Public Land Trust to disburse earning from MPLT investment to people of Northern Marianas Descent. Can we officially introduce this on the floor today? Can we put it on the Calendar? President Pete P. Reyes: Without objection from the members, can we just accept that it has been formally introduced and Calendared? Let me recognize the Floor Leader. Floor Leader Hofschneider: Mr. President, let me make it an appropriate motion for the placement of Senate Legislative Initiative No. 16-12 on today’s Calendar as well as Senate Joint Resolution No. 16-11, Senate Resolution No. 16-34 and Senate Resolution No. 16-36. There was no objection. President Pete P. Reyes: Without any objection, so ordered. Let me ask for a short recess so we can just make the appropriate notes on our Order of Business.

The Senate recessed at 11:24 a.m.

RECESS

The Senate reconvened at 11:25 a.m. President Pete P. Reyes: We are back to our plenary session. If there is no objection from the members, I would like to just go ahead and place Standing Committee Report No. 16-48 and Standing Committee Report No. 16-49 on the Calendar for appropriate action.

There was no objection. President Pete P. Reyes: So ordered. Also, on your Final Reading Calendar, let me just go through so that we have the same Calendar Bills: House Bill No. 16-220, House Bill No. 16-243, HD1, House Bill No. 16-247 and Senate Legislative Initiative No. 16-12. I recognize the Floor Leader. Floor Leader Hofschneider: Mr. President, may I ask if we can go back to Introduction of Bill on item J. President Pete P. Reyes: Without objection from the members, go ahead Floor Leader. Floor Leader Hofschneider: I have a numbered bill here. Senate Bill No. 16-56 in referenced to amend 1 CMC, Division 8, Subsection 245 (c) and (d); and for other purposes. President Pete P. Reyes: Floor Leader, recognized under Resolution Calendar.

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SJ 16-33 May 18, 2009

REPORTS OF SPECIAL AND CONFERENCE COMMITTEES

(NONE)

RESOLUTION CALENDAR

Floor Leader Hofschneider: Mr. President, I move for the adoption of Senate Joint Resolution No. 16-11. The adoption motion was seconded. President Pete P. Reyes: The motion has been made and seconded. Is there any discussion? I recognize Senator Pangelinan. Senator Maria Pangelinan: Thank you, Mr. President. I just want to explain that this Senate Joint Resolution is basically to get the Community Guidance Center in the process of recruitment. It does not necessarily mean that it might happen in 2009, it might happen in 2010. What happened when we cut of the 2009 FTE budget is that, they were already in the process of recruiting, and they were set back by it. So, again, it sometimes takes six months to do the announcement and recruitment, and this would just get them going. I would be watching for this whether the money that will be expended will fall under the 2009 or in the 2010, but it is a critical FTE that is really needed, and at the same time also, it gives us the opportunity to make sure that we continue to monitor the FTE’s that we have approved for 2009 based on the critical needs that they need to do before the end of the Fiscal Year. I realized that it is only five (5) months before the end of the Fiscal Year, but again, because of the time process that is needed to get the recruitments going, I went ahead and accommodated for this specific reason. Thank you. President Pete P. Reyes: Is there any further discussion? I recognize Senator Crisostimo. Senator Luis Crisostimo: Mr. President, I hope that the Administration sees this as an important Resolution and not ignore it. I am in support of this Resolution, and I would like us to assure that the Guidance Center would be assured on these additional full time employees. Thank you. President Pete P. Reyes: Is there any further discussion? Just to clarify your motion Floor Leader, it is for the adoption of Senate Joint Resolution No. 16-11. Floor Leader Hofschneider: That is correct, Mr. President. President Pete P. Reyes: Is there any further discussion on that motion? Several members voiced, “ready.” President Pete P. Reyes: All in favor of the motion for the adoption of Senate Joint Resolution No. 16-11 say, “aye”.

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Several members voiced, “aye”. President Pete P. Reyes: All opposed say, “nay”.

The motion was carried by voice vote. President Pete P. Reyes: The motion is carried. Senate Joint Resolution No. 16-11 is hereby adopted. Floor Leader, recognized. Floor Leader Hofschneider: Mr. President, I move for the adoption of Senate Resolution No. 16-36. The motion was seconded. President Pete P. Reyes: The motion has been made and seconded. Is there any discussion on the motion? I recognize the Floor Leader. Floor Leader Hofschneider: I just want to point out couple of amendments, perhaps the Clerk could just make a note of it. On the title, it is supposed to read as Staff Sergeant. Right now it is only read as Sergeant. On lines 2 and 3 also on page 2, change the word “Accomodation” to “commendation.” President Pete P. Reyes: What line is that? Floor Leader Hofschneider: On line 2 and 3 on page 2. Maybe just technical amendment, Mr. President. President Pete P. Reyes: Instead of accommodation, commendation? Floor Leader Hofschneider: That is correct, Mr. President. President Pete P. Reyes: Is that understood by the members? So this is a floor amendment? Floor Leader Hofschneider: Yes, that is a floor amendment. President Pete P. Reyes: Okay. All in favor of the floor amendment say, “aye”.


The motion was carried by voice vote. President Pete P. Reyes: The motion is carried. Is there any further discussion? Several members voiced, “ready.”

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SJ 16-33 May 18, 2009

President Pete P. Reyes: All in favor of Senate Joint Resolution No. 16-36 say, “aye”.


The motion was carried by voice vote. President Pete P. Reyes: The motion is carried. Senate Joint Resolution No. 16-36 as amended is hereby adopted. I recognize the Floor Leader. Floor Leader Hofschneider: Thank you, Mr. President. I move for the adoption of Senate Resolution No. 16-34. The motion was seconded. President Pete P. Reyes: The motion has been made and seconded. Is there any discussion? Ready. All in favor of Senate Resolution No. 16-34 say, “aye”.


The motion was carried by voice vote. President Pete P. Reyes: The motion is carried. Senate Resolution No. 16-34 is hereby adopted. Floor Leader, recognized on item k under Standing Committee Report.

REPORTS OF STANDING COMMITTEES

1. SCR NO. 16-48: May 18, 2009 – From the Committee on EAGI reporting on the nomination of Ms. Adelina C. Roberto to serve as a member of the NMI Retirement Fund BOT. (ADOPTED)

2. SCR NO. 16-49: May 18, 2009 – From the Committee on EAGI reporting on the

nomination of Mr. Francisco P. Rosario to serve as a member of the NMI Retirement Fund BOT. (ADOPTED)

Floor Leader Hofschneider: Mr. President, we have Standing Committee report No. 16-48. The motion was seconded. President Pete P. Reyes: The motion has been made and seconded. Is there any discussion? I recognize Senator Mendiola.

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Senator Joseph Mendiola: Mr. President, just a concern that I want to express on the floor. We have two nominees from Tinian. One is for Greg Castro and Philip Long representing both the Professional Licensing and MPLT. I ask the Chairman if that could be included in this Session. However, it is my understanding that there are concerns with members of the Committee. At this point in time, Tinian is not being represented so I urge the Committee if they can consider recess and look into the issue, unless there is a big problem with these nominees, I would agree to that. But because of the urgency of these nominees to be representing Tinian, I appreciate if we can go after this Section to a recess and find out what are the concers of the members. Thank you. President Pete P. Reyes: Let me just make a short observation on the reason why these two are urgently needed. The Administration and the Legislature are discussing the possibility of signing a joint letter to the Retirement Fund to request that they suspend the lawsuit action against the government, and enter a mitigation plan to avoid spending more public funds fighting in court. It appears that the Retirement Fund is not currently in quorum and that is the reason why the Administration is requesting that the appointment for both, Roberto and Del Rosario, be acted upon very quickly to avoid having to fight in court. Right after we act on this, if the members wish to recess and discuss the concern of Senator Mendiola, I will be glad to accommodate that. Let me recognize Senator Mendiola. Senator Joseph Mendiola: Mr. President, I do not have any objection to both appointees. I will vote “yes” on this, but I am just asking the Committee if they can be considered right after the Confirmation of these two. President Pete P. Reyes: The reason why I mentioned that is to alert the members that it was not the Chairman who intentionally put this on Calendar. It was through an exerted effort both from the Administration and from us. If you remember, I called individually the members to find out their position on this. I am happy to know that there is a uniformed consensus from the members supporting the idea. So, this is the reason for it. Is there any further discussion? I recognize Senator Crisostimo. Senator Luis Crisostimo: Thank you, Mr. President. One of the reason why I brought this to – and I want to bring this to this body is that, the urgency of these two appointment is of paramount to this body and to the CNMI government in chaotic situation that the Retirement Fund is facing today. We need strong leadership, but members, if there is any way that we can call these people in after the appointment and get some dialogues, to get really what their undertaking, what would be their undertaking – the new vision of both members, and how is it that one CNMI government to another Executive Branch – the uncertainty of the Commonwealth by this litigation that the Retirement Fund and us the Legislature or the Executive Branch – it is like a circus. I hope that we can bring some confident back into this government, and your leadership, Mr. President and my great colleagues – I even went to the Governor’s Office and try to…in other words, not bring a fire truck to slow the flame that has inflicted in not just the media, but a lot of our retirement people find this to be uncertain to them. And, I think that we have to all work closely in harmony, and I hope that these two appointees today would bring light to the current Administration or the Board and the leaders of Retirement Fund. When we sue one government to another, I believe that we do not achieve anything. If we need funding and we need money, then we should vigorously find those resources and identify. If that is the problem, then give it to the Retirement Fund, but bringing things to court,

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SJ 16-33 May 18, 2009

I think does not…the Commonwealth anything, but a lot of investors uncertainty, consumers – no confident in consumers and when the consumers buy, the circle of those purchasing powers, we get 10% or 20% of the circulation of that money that goes to the economy. So I just want to bring this up to the Committee Chair and you members if we can bring these people. Bring the great Chairman Juan Pan here. I would like to work closely with him and maybe we can eventually fix the problem of the Retirement Fund. Si Yu’us Ma’ase. The Chair recognized the Floor Leader. Floor Leader Hofschneider: Thank you, Mr. President. We very much share the same sentiment with Senator Crisostimo. The Legislature and the Executive Branch, and as well as the Retirement Fund have been working together – putting together the omnibus bill to address several issues that have been over the years have been addressed through piece meal legislations. Hopefully, the group will done with the current draft and recommend that we have a Legislative Hearing. I am sure that these Retirement Fund Board of Trustees are apprised with all these situation that we have right now. If only that we have extra funding so that we can start paying, that would be the alternate. I also want to take note that if we do – whether it be CNMI budget or local budget that if we do allocate funds to pay for the Retirement Fund, we have to pay. We cannot negate the fact that we have to pay the employers. So I support these two nominees because of the interest of moving forward. The administrators of all the Senatorial District should be responsible in paying the Retirement Fund. Make payments. Maybe not everything at one time, but when we do – when the Legislature allocates the funds, you pay. Thank you. The Chair recognized Senator Pangelinan. Senator Maria Pangelinan: Thank you, Mr. President. I do not quite know how to say this nicely, but we all know and one only needs to ask Tony Muna what the CUC Board did. Looking back at specific boards, one need not look further to see the negligence done. I really believe that qualifications of board members are just as good as the consultant they hired or the legal counsel that they hired, and if it calls for four bodies to get the votes that we need to be led in the right direction, it is not so much an individual qualification anymore, it is just a necessity of having a board to get going. I am against all these bureaucracy that has to fall into a board decision that does not come from the individual talent that one possesses or the expertise that one has, but rather a much more reliance on consultants. As far as I am concerned, on the Retirement Board – the money managers are actually the leading body that leads them. So, at this point, the Governor can appoint anybody and I will just go along with the Governor because I think that we need to move forward with the issues of the Retirement legal cases, and bankruptcy. Something has to be done. We cannot just allow the court to make drastic decision that would have grave consequences on our budget. That is all I have to say about board appointments. It is such a waste of time to go for public hearings. I am sorry. President Pete P. Reyes: Is there any further discussion. If not, are you ready? Several members voiced, “ready.”

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President Pete P. Reyes: All in favor of the motion for the adoption of Standing Committee Report No. 16-48 say, “aye”.


The motion was carried by voice vote. President Pete P. Reyes: I hope the members do not mind if we just do this by voice vote, unless the members wish to do a roll call. There was no objection. President Pete P. Reyes: The motion is carried. Standing Committee Report No. 16-48 is hereby adopted. Floor Leader, recognized. Floor Leader Hofschneider: Thank you, Mr. President. I move for the adoption of Standing Committee Report No. 16-49 from the EAGI Committee for the appointment of Mr. Francisco P. Rosario to serve as a member for the Northern Mariana Islands Retirement Fund Board of Trustees. The motion was seconded. President Pete P. Reyes: The motion has been made and seconded. I would assume that because this is the same appointment, discussion would not be necessary anymore. Several members voiced, “ready.” President Pete P. Reyes: Ready. The motion is carried. Standing Committee Report No. 16-49 is hereby adopted. By the adoption of Standing Committee Report No. 16-48 and Standing Committee Report No. 16-49, this successfully confirms the Governor’s nomination of both Mrs. Roberto and Mr. Rosario to the board. I would like to thank the members for your support on this. Floor Leader recognized. Floor Leader Hofschneider: Thank you, Mr. President. That is it for the Committee Reports. President Pete P. Reyes: Can I ask the Floor Leader to make a motion for the suspension of rules so that we can entertain the Final Reading of the bills on the Calendar?

BILL CALENDAR:

FIRST READING

LEG. NO. TITLE

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FINAL READING

LEG. NO. TITLE

H.B. No. 16-220, HS1 (Hse. Comm 16-218)

To amend the Northern Mariana Islands Election Law to provide for runoff election procedures and to allow for the counting of absentee ballots on election day

H.B. No. 16-243, HD1 (Hse. Comm. 16-252)

To amend PL 16-32 to reprogram $206,396.34 from MVA’s non-personnel appropriation to its personnel appropriation

H.B. No. 16-247 (Hse. Comm. 16-256)

To amend PL 16-39 to clarify certain provisions (Tobacco Control Fund to implement programs & services)

S.L.I. No. 16-12, SD1 PASSED

To approve two additional full-time employees (FTE’s) for the Community Guidance Center, a division of the DPH

Floor Leader Hofschneider: Thank you, Mr. President. I move to suspend pertinent rules and procedures to entertain the bills on the Calendar. The suspension motion was seconded. President Pete P. Reyes: The motion has been made and seconded for the suspension of pertinent rules. Is there any discussion? All in favor of the motion say, “aye”.


The motion was carried by voice vote. President Pete P. Reyes: The motion is carried. I recognize the Floor Leader. Floor Leader Hofschneider: Thank you, Mr. President. I move for passage of House Bill No. 16-220, HS1. The motion was seconded.

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President Pete P. Reyes: The motion has been made and seconded. Is there any discussion? Let me recognize Senator Pangelinan. Senator Maria Pangelinan: Thank you, Mr. President. On page 3, line 11, should that end on Subsection (c), and cross out the “through”? Is that just a technical error? President Pete P. Reyes: Senator, are we looking at the same bill? Senator Maria Pangelinan: Yes, this is the Election Bill, right? President Pete P. Reyes: Right, the House Substitute One. Senator Maria Pangelinan: Yes, on page 3, line 11. It says, “Subsection (c) through (h), fourteen days after the election.” The amendment is to cross out “fourteen days after the election.” So it should end at Subsection (c), right? President Pete P. Reyes: That is correct. Do the members see that? I do not think that the words, “through (h)” is necessary. Let me recognize the Floor Leader. Floor Leader Hofschneider: May I suggest that we take a short recess if it is okay. President Pete P. Reyes: Maybe we should ask the legal counsel. Let me call for a short recess.

The Senate recessed at 11:50 a.m.

RECESS

The Senate reconvened at 11:58 a.m. President Pete P. Reyes: We are back to our plenary session. Before we went on recess, we were discussing House Bill No. 16-220, HS1…[End of Tape 1, Side A]…[Beginning of Tape 1, Side B]…through (h). I recognize Senator Pangelinan. Senator Maria Pangelinan: Thank you, Mr. President. I understand now, but if the members would still allow me. I have a little problem understanding the intent of Section 6206 which is also being amended. Section 6206 provides that the Commission shall remove the name of a registered voter from the registrar if the person did not vote in the preceding general election, but it allows this individual to vote in the run-off election. In other words, you are adding new voters in the run-off election who did not vote in the preceding general election (first election). For example, 300 people voted in the general election, the first election that did not garner the majority vote required to declare a winner; however, in the run-off election, the 300 may increase to 100 additional voters voting for the first time who would make the majority votes. Thus, these second voters voting for the first time, would help decide the winner even though they did not participate in the preceding general election(first election) that might have made a difference in who gets to be the top two winners. I do not know if I am reading it right or wrong. So you are adding people that did not vote

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in the general election. I do not know if that is the right way to do it, or is that fair? I guess there should not be a problem as long as all the candidates, parties, and the board of election are fully aware before the election that this is the rule of the run-off election for garnering a majority vote. President Pete P. Reyes: I would like the members to debate that because I think that there is a point here that if you do not vote on the general election then it is okay for you to vote on the run-off. Senator Crisostimo, recognized. Senator Luis Crisostimo: Mr. President, I think that it simply means that if you miss the general election – so the next election is still the general election and your entitlement is, you can still cast your vote even though you did not vote for the general election. It is like running for the Delegate and because the delegate is like special election, you need not register for the next election and the way I feel it is, the general election and the run-off is the same. So, if they did not vote for the general election, I would say that these individuals would have to re-register to vote for the run-off. At times, one of the biggest problems is on the absentee ballots – where people who are leaving in the States or coming from the States, and in transition, they missed or they did not get their ballot, so I would say, in my opinion, I would say that this is correct because the entitlement is the same election but it is just that they missed it. If people do not want to vote in the general election and waited for whoever the two finalists are, then I think that is fine also. The Chair recognized Senator Pangelinan. Senator Maria Pangelinan: Let us say that the first general election, they garnered the 50% majority plus 1, right? That is fine, there will be no question, but if they did not garner the 50% plus one majority, then other people, voters in this case, would be pulled in to upset the first voters. Again, I do not know whether that is the way we wanted it? President Pete P. Reyes: Can I ask for short recess? Let me call for a short recess so that we can get the legal counsel involve here. Short recess.

The Senate recessed at 12:04 p.m.

RECESS

The Senate reconvened at 12:24 p.m. President Pete P. Reyes: We are back to our plenary session. Before we went on recess, we were discussing House Bill No. 16-220, HS1, and the issue is on page 3, line 11. That is resolved already. The other issue is on subsection 6206, whether or not to allow a failed to vote, to vote during the run-off election. As the reading of the amendment, my understanding on this is that, if you failed to vote on the general election it is deemed to have carried forward to the run-off, and it is deemed to be the same election. If any of the other members wish to discuss this further, the floor is open. Senator Mendiola, recognized. Senator Joseph Mendiola: Mr. President, if we can hold off action on this because apparently, during the recess, we have not come to the conclusion as to how to approach possible amendments

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to this, and if I can recommend that we suspend action and go down to the next item on the Agenda, and come back after the recess and dispose of this. President Pete P. Reyes: We can carry this forward after lunch, and we have sufficient time to meet with the House of Representatives to find out. Maybe the legal counsel can come up with what this amendment really provides. So, what is the wish of the members? Let me recognize the Floor Leader. Floor Leader Hofschneider: Mr. President, I am going to go ahead and withdraw for passage, and entertain this later. The motion was seconded. President Pete P. Reyes: The motion has been withdrawn for the passage and was seconded. All in favor of the motion say, “aye”.


The motion was carried by voice vote. President Pete P. Reyes: The motion is carried. Please leave it on the Calendar and when we return after lunch we can pick it up. Floor Leader, recognized. Floor Leader Hofschneider: Mr. President, I move for the passage of House Bill No. 16-243, HD1. The motion was seconded. President Pete P. Reyes: The motion has been made and seconded. Is there any discussion? Several members voiced, “ready.” President Pete P. Reyes: Clerk, please roll call. The Clerk called the roll on the motion to pass House Bill 16-243, HD1 on Final Reading.

Senator Luis P. Crisostimo yes Senator Paterno S. Hocog yes Senator Jude U. Hofschneider yes Senator Paul A. Manglona excused

Senator Felix T. Mendiola yes Senator Joseph M. Mendiola yes Senator Maria Frica T. Pangelinan yes Senator Henry H. San Nicolas yes

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SJ 16-33 May 18, 2009

Senate President Pete P. Reyes yes President Pete P. Reyes: With all eight (8) members voting “yes”, House Bill No. 16-243, HD1 hereby passes on Final Reading. Floor Leader, recognize. Floor Leader Hofschneider: Mr. President, I move for recess subject to your call and we will return after lunch. President Pete P. Reyes: The motion is for recess. Right now, it is 12:30 p.m., we will come back at 2:00 p.m. Let me recognize Senator Mendiola. Senator Joseph Mendiola: Mr. President, can I just recommend again to the Committee and get together and look at the nominees both from Tinian and maybe when we go back into session, we can discuss it. President Pete P. Reyes: Can I ask the members to come a little bit earlier before 2:00 p.m. so we can go ahead and meet in the conference room and discuss that? The motion is to recess and return back at 2:00 p.m. for the remaining of our session. Okay. All in favor of the motion say, “aye”.


The motion was carried by voice vote. President Pete P. Reyes: The motion is carried. The Senate stands recess until 2:00 p.m.


RECESS

The Senate reconvened at 3:30 p.m. President Pete P. Reyes: We are back to our plenary session. We are still discussion House Bill No. 16-220, HS1, and I recognize Senator Pangelinan. Senator Maria Pangelinan: Thank you, Mr. President. This is just to clarify the specific phrase of Section 6206, and the intention is that if the person – we are talking about the general election that will rise to a run-off election. It means that everybody has been registered and are qualified to vote on the general election that will rise to a run-off election. So this is just to make sure that it is clarified and understood. The amendment reads, “if a person did not vote in a preceding general election………, provided however, that failure to vote in a general election that gives rise to a run-off election shall not preclude the person from participating in the run-off election related to that same general election. So we are looking at that general election and the run-off as one general election. So “a person who votes in a run-off election shall remain a registered voter for purposes of voting in the next general election. So this general election and run-off election are actually one

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general election for that period of time and you have already been qualified to vote as a registered voter, so regardless, whether you vote on the first step or the second step, you are still a qualified voter for that general election for that year. And this clarifies it. This is probably the intention of the House. I move for this amendment on House Bill NO. 16-220, HS1. The motion was seconded. President Pete P. Reyes: A written floor amendment has been made and seconded. Is there any discussion? Several members voiced, “ready.” President Pete P. Reyes: All in favor of the written floor amendment say, “aye”.


The motion was carried by voice vote. President Pete P. Reyes: The motion is carried. The floor amendment is hereby adopted. Maybe we should go back and formally make a motion, unless the motion had already been made prior to recess, right? Floor Leader Hofschneider: Actually, I recalled my motion to table it until we reconvene. President Pete P. Reyes: So please formally make that motion. Floor Leader Hofschneider: I move for the passage of House Bill No. 16-220, HS1 as amended. The motion was seconded. President Pete P. Reyes: The motion has been made and seconded. As amended, includes the written amendment that we just adopted. Is there any further discussion on the bill? Ready. Several members voiced, “ready.” President Pete P. Reyes: Senate Clerk, please roll call. The Clerk called the roll on the motion to pass House Bill No. 16-220, HS1, SD1 on Final Reading.


Senator Felix T. Mendiola yes

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SJ 16-33 May 18, 2009

Senator Joseph M. Mendiola yes Senator Maria Frica T. Pangelinan yes Senator Henry H. San Nicolas yes Senate President Pete P. Reyes yes President Pete P. Reyes: With eight (8) members voting “yes”, House Bill No. 16-220, HS1 as amended passes on Final Reading. Floor Leader, recognized. Floor Leader Hofschneider: I move for the passage of House Bill No. 16-247 to amend Public Law 16-39. The motion was seconded. President Pete P. Reyes: The motion has been made and seconded. Is there any discussion? I recognize Senator Pangelinan. Senator Maria Pangelinan: Mr. President, this is a bill that with our current unsustainable budget, structural deficit – this just misaligned our revenue stream, and we do not need to bungle our figures anymore than it is bungled already. Thank you. President Pete P. Reyes: Perhaps, I should explain the bill more formally. There is a bill, House Bill No. 16-129, HS1, HD2 that we passed and that bill became Public Law No. 16-39. In the message from the Governor upon signing the bill into Law, also, informed the members of the Legislature that there is a correction that needs to be made on that particular bill, because, perhaps unintentionally, took away the Scholarship funding, the Post Secondary Teacher’s Education Program and the Medical Professional Scholarship. What the Governor is recommending is that we go back and amend this so that it does not affect the appropriation under Public Law 15-109, the Post Secondary Teacher’s Program and the Medical School Professional Scholarship because it was unintentional that Public Law 16-39 took it away. Senator Maria Pangelinan: I do not see that amendment here and all it is amending is Fiscal Year 2009. We can address whatever is needed in 2010, and what more, it is amending prospectively and proportionately, continuously appropriated and prospectively and proportionately. I mean, come on, who are we trying to fool with our dismal and fiscal challenges that we are facing, so I do not agree. In fact, I try to ask the Governor to recall or veto 16-129 so we would not be double appropriating. If that is the case then we are double appropriating with this amendment. The Fiscal Affairs needs to clearly explain just exactly what are the consequence of this bill, and what this bill is really doing rather than this simple, simple amendment that does not tell us anything. I ask my colleagues not to vote for it please and we address it on 2010. We only have five (5) more months in Fiscal Year 2009. President Pete P. Reyes: Just to clarify, this is a bill on Tobacco Control Fund. Senator Maria Pangelinan: That is the most confusing bill. Public Law 13-38 never ran out of funds and they keep appropriating and reappropriating, and we never know the true balance. Only

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one person knows the balance when it is conveniently has to go to Education. Education on the news today have not spent their $1 Million plus budget to date. President Pete P. Reyes: Is there any further discussion? I recognize Senator Crisostimo. Senator Luis Crisostimo: Mr. President, I am trying to do a quick search on the net on this. Can we just have a short recess if we may? There was no objection. President Pete P. Reyes: With no objection from the members, short recess.


RECESS

The Senate reconvened at 3:53 p.m. President Pete P. Reyes: We are back to our plenary session. Senator Pangelinan, you still have the floor. Senator Maria Pangelinan: Thank you, Mr. President, I already had my say, and I hope that my colleagues would really look into this bill and allow the 2010 Budget to address it correctly. President Pete P. Reyes: Is there any further discussion? I recognize the Floor Leader. Floor Leader Hofschneider: Forgive me. I will never challenge Senator Pangelinan on her detailed knowledge on the budget perspectively and proportionately, but my only concern with this, if we do not pass this or we do not act on this is, is it going to affect some of the programs that had already been instituted in the passage of the Tobacco Control Programs? That is my only concern. If not then we do not need this legislation, but if it will, then I am going to respectfully ask for apologies from my good Fiscal Affairs Chair and I am going to support this bill. That is all my question. Senator Maria Pangelinan: They are very lucky that they got at least some money and I do not know what accountability they have, but it is not a matter of life and death crisis that it cannot be suspended given our current fiscal crisis that we are facing now in trying to sustain the budget that has a structural deficit. These programs are not critical. We have bills that say to ban smoking. What more prevention do you need on that? Our own kids are being thought not to smoke, to eat healthy. We see these educational ads on the papers, and there are federal monies for these types of programs. So accountability is very critical and I think that the 2010 Budget should really make Public Law 13-38 very clear once and for all. It is just unfortunate that this is my last term and I am just beginning now to catch on some of these trickery bills.

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SJ 16-33 May 18, 2009

Floor Leader Hofschneider: Senator Pangelinan, does this mean that you might consider? Mr. President, on a serious note, that is the question that I have. I am trying to understand my colleague here also. We do not want to be going around in circle on the appropriation. Senator Maria Pangelinan: I do not think that is more critical. I do not know what happened to the Immigration $400,000 that we need to fund. That is critical and that is what we should be discussing and trying to find the money. President Pete P. Reyes: Is there any further discussion? I recognize Senator Crisostimo. Senator Luis Crisostimo: Mr. President, it seems like this bill is such an important piece of legislation, and I agree with both sides of the aisle whoever is the opposition and for it. Whatever it is, but it seems like – I did an earlier count on the votes and this would eventually be a…instead of a policy that would move. So, I think that as good members and good friends, I believe that this be referred to the Committee, and the Committee should make the right choice and the right appropriation to whatever policy that supposedly this bill is going. Right now, in its original intent…I have read few bills that supposedly be affected by this measure, and even me, I could not get it. So I think that to be honest to ourselves, we should spend more time and understand the measure before we move on and then down the line, we find out as the Chair says, we double appropriate and other wrongdoing that we do not foresee as we pass this. So I urge that we sent it to Committee or put it on First Reading and see what will be the right thing to do there. I wish that my other colleagues would share the same sentiment. Thank you. President Pete P. Reyes: Is there any further discussion? I recognize Senator Hocog. Senator Paterno Hocog:…[Inaudible]…microphone turned off. The Chair recognized Senator Mendiola. Senator Joseph Mendiola: Thank you, Mr. President. I tend to agree with the recommendation of Senator Crisostimo, and I do agree with Senator Pangelinan’s reasoning for the usage of these funds. It seems like every year we appropriate monies coming out of the – especially and specifically from this fund. They told us that there is no money and all of a sudden, there is an appropriation to this account. I am a bit concern with the status of the Immigration employees that we know rightfully that they will be displaced by November 18th. So, I would recommend that the Committee look at this carefully and come up with a very specific appropriation or provision in the language to accommodate Scholarship Program as you mentioned, and we are all for the Scholarship and the Teachers Education Program, but we have to be specific. The way I read the bill right now is that, it is very confusing as to what the intended purpose is for, and if the justification is that we are setting aside all monies, we should go back and specify on the bill that certain amount will go to the Scholarship Program, certain amount will go to whatever program that is not addressed in the original bill. I would recommend that we table this and come back maybe the next session and clearly look at what the options of the Senate or the Fiscal Affairs Committee. Thank you. The Chair recognized the Floor Leader.

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President Pete P. Reyes: What is the pleasure of the members? Floor Leader, recognized. Floor Leader Hofschneider: Mr. President, I think that it is pretty clear that couple of our members have requested to withdraw so therefore, I will just go ahead and withdraw my initial motion to pass, and I need someone to second that motion. The motion was seconded. President Pete P. Reyes: The motion is to withdraw the original motion and has been seconded. All in favor of the motion say, “aye”.


The motion was carried by voice vote. President Pete P. Reyes: The motion is carried. So this goes back to the Committee. Please make sure that it is acted on quickly so that we can put it on the Calendar as soon as possible. Senator Maria Pangelinan: Mr. President, that is what happens when we act on it quickly… President Pete P. Reyes: Short recess…[End of Tape 1, Side B]


RECESS

The Senate reconvened at 4:02 p.m. President Pete P. Reyes:…[Beginning of Tape 2, Side A]…and medical students that are still going to school. This change will have an affect on their scholarship appropriation, and it is difficult enough that they are studying a profession that is really a very technical and highly skillful. We should not put them on the spot where they have to also worry about the scholarship that they have been entitled to base on the profession that they selected or the line of study that they have selected. Maybe the Committee should find out if all the funds that are committed under Public Law 16-39 are appropriated under House Bill No. 16-129. If it is not, and I am guessing that not all has been appropriated under House Bill No. 16-129. It appears that the balance of that which probably or inevitably or unintentionally removed the appropriate funding for the Teacher Professional Scholarship and also the Medical Students Scholarship Program. If that is the case then all we need to do is just amend the law to clarify that as requested or intended by House Bill No. 16-247. So, I ask the Committee to again take a look at it and hope that your action is not going to put into jeopardy those students who are currently going to medical school. That is all I am asking. Floor Leader, recognized.

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SJ 16-33 May 18, 2009

Floor Leader Hofschneider: Thank you, Mr. President. We have Senate Legislative Initiative 16-12 on the Agenda today. I move for the passage of such Initiative. The motion was seconded. President Pete P. Reyes: The motion has been made and seconded. Is there any discussion? I recognize Senator Crisostimo. Senator Luis Crisostimo: I just want to make an amendment on the page 2, line 6. Instead of the “75%” put “80%” of accrued on the Trust proceed shall be transferred. So instead of 75%, I would like that to be 80%. That is my amendment. The oral amendment was seconded by the Floor Leader. President Pete P. Reyes: Does everyone understand the amendment? Senator Pangelinan, recognized. Senator Maria Pangelinan: If you are mandating the 80% of the interest accrued on the proceeds – shall be transferred, what if their reasonable expenses is going to be 25% or 30% of the proceeds? The Chair recognized Senator Crisostimo. Senator Luis Crisostimo: Basically, I think that the intent is that we do satisfy the administrative expense and 80% would be distributed to of the Northern Marianas Descent, and the remaining 20% will still go to the Trust Fund balance. Senator Maria Pangelinan: So maybe we should amend to say that the accrual interest of the Trust Fund shall be transferred except that the – it has to be worded like they would get the 20% and not 30% or 40%, because the way that it reads right now, you are giving them that option to retain whatever is necessary to meet reasonable expenses, and it might be more than the 20%. So the percentage might be insignificant in putting it there, unless you really want to limit their reasonable expense to 20% or 25% based on your last amendment. I am just trying to verify, otherwise it defeats the percentage or the amount that is part of that provision. Senator Luis Crisostimo: Maybe we should go into a short recess and just ask the legal counsel. I think that Counsel Tony Cabrera that did this. Thank you. President Pete P. Reyes: Okay. Short recess.


RECESS

The Senate reconvened at 4:16 p.m.

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President Pete P. Reyes: We are back to our plenary session. Before we went on recess, we were discussing, Senate Legislative Initiative No. 16-12, and Senator Pangelinan, you still have the floor. Senator Maria Pangelinan: Thank you, Mr. President. I have no further comments. President Pete P. Reyes: Is there any further discussion from the members? Several members voiced, “ready.” President Pete P. Reyes: Can we dispose of the floor amendment first? There was a motion for an oral amendment to change 75% to 88%. We have not disposed of that. Several members voiced, “ready.” President Pete P. Reyes: Ready for the oral amendment? All in favor of the oral amendment say, “aye”.


The motion was carried by voice vote. President Pete P. Reyes: The motion is carried. Senate Legislative Initiative No. 16-11 has been amended. Is there any further discussion on that? Several members voiced, “ready.” President Pete P. Reyes: Clerk, roll call please. The Clerk called the roll on the motion to pass Senate Legislative Initiative 16-11 on Final Reading.


Senator Felix T. Mendiola yes Senator Joseph M. Mendiola yes Senator Maria Frica T. Pangelinan yes Senator Henry H. San Nicolas yes Senate President Pete P. Reyes yes President Pete P. Reyes: With eight (8) members voting “yes”, Senate Legislative Initiative No. 16-11 as amended passes on Final Reading. I recognize the Floor Leader.

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SJ 16-33 May 18, 2009

Floor Leader Hofschneider: With the indulgence of the members, can we revert back to item k on the Agenda? There was no objection. President Pete P. Reyes: Without any objection from the members, so ordered.

REPORTS OF STANDING COMMITTEES

1. SCR NO. 16-50: May 18, 2009 – From the Committee on EAGI reporting on the nomination of Mr. Board of Professional Licensing to serve as a member of the NMI Retirement Fund BOT. (ADOPTED)

2. SCR NO. 16-51: May 18, 2009 – From the Committee on EAGI reporting on the

nomination of Mr. Gregorio Q. Castro to serve as a member of the NMI Retirement Fund BOT. (ADOPTED)

Floor Leader Hofschneider: Mr. President, I move for the adoption of Standing Committee Report No. 16-50. The motion was seconded. President Pete P. Reyes: The motion has been made and seconded for the adoption of Standing Committee Report No. 16-50. Is there any discussion? Several members voiced, “ready.” President Pete P. Reyes: All in favor of the adoption motion say, “aye”.


The motion was carried by voice vote. President Pete P. Reyes: The motion is carried. Standing Committee Report No. 16-50 is hereby adopted, and by that adoption, also confirms Mr. Castro. I hope that the members do not object to the voice vote. I recognize the Floor Leader. Floor Leader Hofschneider: Mr. President, I move for the adoption of Standing Committee Report No. 16-51 and that is the report from the EAGI on the nomination of Mr. Phillip M. Long to serve as a member of the Marianas Public Land Trust representing Tinian. The motion was seconded.

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President Pete P. Reyes: The motion has been made and seconded. Is there any discussion? I recognize Senator Crisostimo. Senator Luis Crisostimo: Mr. President, I know that the Legislative Initiative had just passed, and I just want to commend and congratulate Mr. Long because I know that he has the number, but I am praying that he supports. Hopefully one day gives the Indegent people this very little right of some form of royalty similar to the Bishop Estate in Hawaii that they get special financial assistance for the indigent people. Si Yu’us Ma’ase. President Pete P. Reyes: Thank you. Is there any further discussion? Ready. Clerk, please roll call. The Clerk called the roll on the motion to pass Standing Committee Report No. 16-51 on Final Reading.


Senator Felix T. Mendiola yes Senator Joseph M. Mendiola abstained Mr. President, you have to excuse me because he is my nephew. President Pete P. Reyes: His vote is abstention. Senator Maria Frica T. Pangelinan yes Senator Henry H. San Nicolas yes Senate President Pete P. Reyes yes President Pete P. Reyes: With seven (7) members voting “yes”, Standing Committee Report No. 16-51 is hereby adopted. Floor Leader recognized. Floor Leader Hofschneider: Mr. President, we have nothing further to report on the Standing Committee.

PETITIONS, MEMORIALS AND MISCELLANEOUS COMMUNICATIONS

1. Misc. Comm. No. 16-371: May – 2009 MVA Newsletter Tourism Today. 2. Misc. Comm. No. 16-372: April 27, 2009 – IT&E offering free cable locator service. 3. Misc. Comm. No. 16-373: April 28, 2009 – House and Senate Legal Counsels

immigration training on May 5 and 6, 2009 4. Misc. Comm. No. 16-374: May 04, 2009 – Senate Fiscal Affairs Committee and

House Ways and Means Committee regarding Hours of leave taken during last calendar year for all Departments.

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SJ 16-33 May 18, 2009

5. Misc. Comm. No. 16-375: May 07, 2009 – Senate President to all members to witness child support hearings in Judge Kenneth Govendo’s Court Room on May 14, 2009.

6. Misc. Comm. No. 16-376: May 11, 2009 – From the Committee on Fiscal Affairs

regarding comments on the letter of April 27, 2009 from Rep. Joseph C. Reyes to Mr. Perry Tenorio of MVA.

7. Misc. Comm. No. 16-377: May 07, 2009 – Tinian Legislative Delegation session on

May 14, 2009 at 10:00 a.m.

8. Misc. Comm. No. 16-378: May 07, 2009 – From the Senate Committee on Fiscal Affairs and House Committee on Ways & Means letter regarding Annual Compact-Impact for FY 2010.

9. Misc. Comm. No. 16-379: May 11, 2009 – Representative Rosemond Santos

attaching copy of a speech written by the Head of State of Independent Samoa.

10. Misc. Comm. No. 16-380: May 2009 – Invitation from the Americorps CNMI Recognition Ceremony May 23, 2009.

11. Misc. Comm. No. 16-381: May 8, 2009 – NMPASI regarding request on Open

Government Act. 12. Misc. Comm. No. 16-382: May 13, 2009 – LB Director’s certification for a

temporary part-time hiring of custodian. 13. Misc. Comm. No. 16-383: May 13, 2009 – MVA delegation of authority to Ms.

Judy Torres to serve as Acting Managing Director. There was no discussion.

The Chair recognized Senator Pangelinan.

Senator Maria Pangelinan: Mr. President, I am trying to look under Communication from the Judiciary. We did not have any, right? I would just like to bring to the attention the proposed – the letter of an addition to the Commonwealth Rules of Civil Procedure – the dormant docket for mortgage foreclosure proceedings that was sent to the Speaker and the President, and that this procedure would become effective sixty (60) days from submission to the Legislature. The deadline that we are looking into is June 27, 2009, and I would like that at least our legal counsel can actually write up something about this for the members to be a little more be educated on the proposal so that maybe we can give our approval rather than just let it right by default. President Pete P. Reyes: Regarding that, Senator Pangelinan, I asked the Chairman already to call for public hearing, and invite all the financial institution to come and comment. Senator Hocog, can

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we set that up maybe either this week or next week? We need to move on that because time is catching up. Is there any further discussion?

MISCELLANEOUS BUSINESS President Pete P. Reyes: Let me just make a very short remark. We just confirmed two members of the Retirement Board, and it is my hope that we do not get to see anymore waste of public funds – here is the Retirement Fund where it is actually owned by the people, and the government, which is also owned by the people, and we have these two properties of the public suing each other, using public funds and their money. I am tired of having to see these kinds of lawsuits going on. I hope that by confirming those two members of the board, there can be a decision to reach a consensus where we do not need to continue on with the court cases. We can put a suspension on the case and go into mitigation. This is the desire of the Executive Branch, and it is also the desire of the Senate. This is a consensus by the entire members of the Senate. I hope that the House would pick up on this and also support the idea of suspending action on the lawsuit, and if they reject this, then that is fine, at least we have made an effort to try and resolve this without having to go full blown in the court and continue to spend public funds fighting each other. Is there any further comment under Miscellaneous? I recognize the Floor Leader.

ANNOUNCEMENTS

NONE

ADJOURNMENT Floor Leader Hofschneider: Thank you, Mr. President. I move for adjournment subject to your call. Several members seconded the motion. President Pete P. Reyes: The motion has been made and seconded. All in favor of the motion say, “aye”.


The motion was carried by voice vote. President Pete P. Reyes: The Session is hereby adjourned.

The Senate adjourned at 4:30 P.M. subject to the Call of the Chair. Respectfully submitted,

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/s/ Victoria T Guerrero Journal Clerk

APPEARANCE OF SENATE LOCAL BILLS

LEG. NO. TITLE

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the senate sixteenth legislature c … · the senate • sixteenth legislature • commonwealth of...

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