Final 10/07/09

SF-1

FINAL 10/07/09

THE SENATE SIXTEENTH NORTHERN MARIANAS COMMONWEALTH LEGISLATURE SESSION DAY

CALENDAR DAY

TIME

4th Day, 4th Regular Session Thursday, October 08, 2009 11:00 A.M. ROTA COURT HOUSE, SINAPALO, ROTA

ORDER OF BUSINESS A MOMENT OF SILENT PRAYER A.

ROLL CALL B. READING AND APPROVAL OF THE JOURNAL: 1. SJ 16-37 -

C.

1st Day, 6th Special 07-27-09 Session

MESSAGES FROM THE GOVERNOR: 1. Gov. Msg. No. 16-576: September 03, 2009 – Certification for annual salary in excess of $50,000 for Dr. DeLinda Wills, M.D., at CHC. 2. Gov. Msg. No. 16-577: September 09, 2009 – Appointment of Mr. Andrew L. Orsini to serve on the NMC Board of Regents to represent Saipan. 3. Gov. Msg. No. 16-578: September 16, 2009 – Appointment of Ms Cecilia Taitano-Celes to serve as the Resident Executive Director of the Indigenous Affairs Office. 4. Gov. Msg. No. 16-579: September 16, 2009 – Certification for annual salary in excess of $50,000 for Dr. Leticia Borja, M.D. at CHC. 5. Gov. Msg. No. 16-580: September 16, 2009 – Certification for annual salary in excess of $50,000 for Dr. Robert Silk at CHC. 6. Gov. Msg. No. 16-581: September 18, 2009 - Certification for annual salary in excess of $50,000 for Dr. Glenn Richard, Physician at CHC. 7. Gov. Msg. No. 16-582: September 18, 2009 - Certification for annual salary in excess of $50,000 for Dr. Joseph Livingston, Physician at CHC. 8. Gov. Msg. No. 16-583: September 24, 2009 – Commonwealth’s PROTOCOL for Implementation of P.L. 110-229.

ORDER OF

BUSINESS SIXTEENTH SENATE SESSION

FOURTH REGULAR OCTOBER 08, 2009

9. Gov. Msg. No. 16-584: September 27, 2009 – EXECUTIVE ORDER 2009-9: Declaration of a State of Disaster Emergency – CUC #14. 10. Gov. Msg. No. 16-585: September 29, 2009 – Signed into law H.B. No. 16-47, HD2,SD1,CCS1, entitled, “To repeal and reenact Title 6, Division 3, Chapter 1, Article 4 of the Commonwealth Code to prohibit smoking in all workplaces and public places,” becomes PUBLIC LAW NO. 16-46. 11. Gov. Msg. No. 16-586: October 05, 2009 – Copy of resume, statement of financial interests, police clearance and drug test receipt of Mr. Andrew Orsini, appointed to serve as a member of the NMC Board of Regents. D.

COMMUNICATIONS FROM THE JUDICIARY: 1. Jud. Comm. No. 16-24: September 30, 3009 – Proposed Rule of Appellate Procedure establishing a Judicial Council. (Note: 60 days deadline)

E.

COMMUNICATIONS FROM HEADS OF EXECUTIVE DEPARTMENTS:

1. Dept. Msg. No. 16-87: September 01, 2009 – Office of Aging – Visit from the senior citizens of Yona/Talafofo Guam, September 2009. 2. Dept. Msg. No. 16-88: September 10, 2009 – CNMI Comprehensive Cancer Control Program on Tuesday, September 22, 2009, 4:30 p.m. to 6:00 p.m. F.

COMMUNICATIONS FROM THE HOUSE: 1. Hse. Comm. No. 16-312: September 09, 2009 – Informing the Senate of the adopted Conference Committee Report No. 16-2 on H.B. No. 16-47, HD2, SD1, CCS1, entitled, “To repeal and reenact Title 6, Division 3, Chapter 1, Article 4 of the Commonwealth Code to prohibit smoking in all workplaces and public places, and for other purposes.” 2. Hse. Comm. No. 16-313: September 09, 2009 – Transmitting for Senate action H.J.R. No. 16-28, HS1, HD2, entitled, “Respectfully requesting Gregorio Kilili Sablan CNMI Delegate to the US Congress, 111th US Congress to support and petition for the reclassification of the Nightingale Reed-Warbler from the US Fish & Wildlife endangered species list in the CNMI.” 3. Hse. Comm. No. 16-314: September 09, 2009 – Transmitting for Senate action H.J.R. No. 16-29, entitled, “To commend and express the support of the 16th Commonwealth Legislature to Mr. David J. Sablan and Mrs. Consolacion D. Sablan for the development of homes and condominiums on Property Tract No. 21951, in San Vicente, Saipan.” 4. Hse. Comm. No. 16-315: September 11, 2009 – Certified copy of H.R. No. 1698 – Mr. & Mrs. Luis A. Reyes. _________________________ Page 2

ORDER OF

BUSINESS SIXTEENTH SENATE SESSION

FOURTH REGULAR OCTOBER 08, 2009

5. Hse. Comm. No. 16-316: September 11, 2009 – Certified copy of H.R. No. 1693 – Supporting US H.R. 934. 6. Hse. Comm. No. 16-317: September 11, 2009 – Certified copy of H.C.R. No. 16-93 – Chief Warrant Officer Francisco Palacios. 7. Hse. Comm. No. 16-318: September 11, 2009 – Rep. Diego Benavente regarding delay in the implementation of the federalization of immigration in the CNMI. 8. Hse. Comm. No. 16-319: September 04, 2009 – Rep. Stanley Torres on PUC quorum. 9. Hse. Comm. No. 16-320: September 16, 2009 – Rep. Ramon Tebuteb request on detailed financial report of DPL. 10. Hse. Comm. No. 16-321: September 17, 2009 – Rep. Ralph Torres rescheduled of Public Hearing on Public Health issues 6 p.m. at Garapan Elementary School Cafeteria. 11. Hse. Comm. No. 16-322: September 22, 2009 – Transmitting for Senate action H.B. No. 16-275, HD2, entitled, “To make appropriations for the operations and activities of the Government of the CNMI, its agencies, instrumentalities, and independent programs, and to provide budget authority for government corporations for FY 2010; and for other purposes.” 12. Hse. Comm. No. 16-323: September 24, 2009 – Returning without amendments S.B. No. 16-23, entitled, “To reduce unemployment among resident workers by encouraging them to work under contracts for services to the Commonwealth Government or for capital improvement projects that pay the employees under such contracts at least the prevailing U.S. minimum wage; and for other purposes.” 13. Hse. Comm. No. 16-324: September 24, 2009 – Transmitting for Senate action H.B. No. 16-116, entitled, “To establish standard guidelines for employees on military leave pursuant to the Uniformed Services Employment and Reemployment Rights Act, Chapter 43 of Title 28 U.S.C.; and for other purposes.” 14. Hse. Comm. No. 16-325: September 25, 2009 – Transmitting for Senate action H.B. No. 16-122, entitled, “To repeal Division 4 of Title 1 of the Commonwealth Code.; and for other purposes.” (Office of Washington Representative) 15. Hse. Comm. No. 16-326: September 24, 2009 – Transmitting for Senate action H.B. No. 16-132, entitled, “To authorize the MVA to regulate tour operators and tour guides by amending 4 CMC § 2103 ; and for other purposes.” _________________________ Page 3

ORDER OF

BUSINESS SIXTEENTH SENATE SESSION

FOURTH REGULAR OCTOBER 08, 2009

16. Hse. Comm. No. 16-327: September 25, 2009 – Transmitting for Senate action H.B. No. 16-154, HS1, entitled, “To establish a Scholarship Program for students pursuing a degree in special education by amending 3 CMC § 1601, as established by PL 16-109 ; and for other purposes.” 17. Hse. Comm. No. 16-328: September 25, 2009 – Transmitting for Senate action H.B. No. 16-157, entitled, “To establish an Incompetency Determination Act; and for other purposes.” 18. Hse. Comm. No. 16-329: September 25, 2009 – Transmitting for Senate action H.B. No. 16-178, HD1, entitled, “To repeal and replace Title 6, Division 5, Chapters 1 and 2 and create a comprehensive juvenile justice system that will protect the community, hold the juvenile accountable for his or her actions, and assist the juvenile in developing skills to become a contributing member of a diverse community; to establish a system for the appointment and regulation of guardians ad litem to support juveniles and the community at large; and for other purposes.” 19. Hse. Comm. No. 16-330: September 24, 2009 – Transmitting for Senate action H.B. No. 16-219, HD1, entitled, “To designate Lau Lau Bay as a boat launching site to facilitate quicker response times for emergencies located on the eastern coastline of Saipan; and for other purposes.” 20. Hse. Comm. No. 16-331: September 24, 2009 – Transmitting for Senate action H.B. No. 16-222, entitled, “To repeal PL 15-42 in its entirety; and for other purposes.” 21. Hse. Comm. No. 16-332: September 24, 2009 – Transmitting for Senate action H.B. No. 16-235, HD1, entitled, “To amend 2 CMC § 7113(e)(3) regarding the erection of temporary structures used for public events; and for other purposes.” 22. Hse. Comm. No. 16-333: September 25, 2009 – Returning with amendments S.B. No. 16-9, CS1, HD1, entitled, “To amend 1 CMC § 2553(k) to provide for a three percent (3%) simple interest rate for outstanding obligations of the Commonwealth; to amend 7 CMC § 4101 governing the award of prejudgment and postjudgment interest against the Commonwealth; to amend 7 CMC § 4101 concerning pre and post judgment interest generally; to codify a policy concerning the payment of tax rebates without penalties and interest; to amend 7 CMC § 2205 regarding the sovereign immunity of the Commonwealth in the payment of money judgments; and for other purposes.” 23. Hse. Comm. No. 16-334: September 25, 2009 – Returning with amendments S.B. No. 16-27, SS1, HS1, entitled, “To require all contractors to be licensed in the CNMI; and for other purposes.” _________________________ Page 4

ORDER OF

BUSINESS SIXTEENTH SENATE SESSION

FOURTH REGULAR OCTOBER 08, 2009

24. Hse. Comm. No. 16-335: September 25, 2009 – Transmitting for Senate action H.B. No. 16-146, HS1, entitled, “To establish a Village and Agricultural Homesteading Program in the Northern Islands; and for other purposes.” 25. Hse. Comm. No. 16-336: September 25, 2009 – Transmitting for Senate action H.B. No. 16-238, entitled, “To amend 4 CMC § 50144(b) increasing fines to deter retailers from selling Tobacco products to minors; and for other purposes.” 26. Hse. Comm. No. 16-337: September 25, 2009 – Transmitting for Senate action H.L.I. No. 16-18, HD2, entitled, “To amend Article XI, Section 5(g) of the NMI Constitution to authorize the Department of Public Lands to use up to twenty percent of its revenue to pay and satisfy land compensation claims; and for other purposes.” 27. Hse. Comm. No. 16-338: October 02, 2009 – Transmitting certified copy of H.R. No. 16-99 – Honoring U.S. Army Command Sgt. Major Richard S. Basa. 28. Hse. Comm. No. 16-339: October 02, 2009 – Transmitting certified copy of H.R. No. 16-100 – Beach Road Corridor Improvement Project (ARRA).

G.

COMMUNICATIONS FROM THE WASHINGTON DELEGATE:

1. Wash. Del. Comm. No. 16-03: September 02, 2009 – Appreciation for the assistance during the Congressional Delegation visit. 2. Wash. Del. Comm. No. 16-04: September 17, 2009 – Letter to the Governor regarding CIP funds for the CNMI. H.

UNFINISHED BUSINESS: (NONE) I.

PRE-FILED BILLS AND RESOLUTIONS: (NONE)

BILLS: INITIATIVES: J.

INTRODUCTION OF BILLS AND RESOLUTIONS:

K.

REPORTS OF STANDING COMMITTEES: 1. Standing Committee Report No. 16-73: October 07, 2009 – From the Executive Appointments and Government Investigations to which was referred the appointment of Mr. Andrew L. Orsini to serve on the Northern Marianas College Board of Regents. _________________________ Page 5

ORDER OF

BUSINESS SIXTEENTH SENATE SESSION

FOURTH REGULAR OCTOBER 08, 2009

L.

SPECIAL/CONFERENCE COMMITTEE REPORTS: (NONE)

M.

RESOLUTION CALENDAR: (NONE)

N.

BILL CALENDAR: FIRST READING

LEG. NO.

TITLE

FINAL READING

LEG. NO. H.B. No. 16-9, HS1 (Hse. Comm 16-112) H.B. No. 16-178, HD1 (Hse. Comm 16-329)

H.B. No. 16-146, HS1

TITLE To establish a public corporation for healthcare and related public health services known as the Commonwealth Health Corporation; to amend 1 CMC §§ 7103(n) and 8131(a); to repeal and reenact 3 CMC § 2411; to repeal 3 CMC § 2412 To repeal and replace Title 6, Division 5, Chapters 1 and 2 and create a comprehensive juvenile justice system that will protect the community, hold the juvenile accountable for his or her actions, and assist the juvenile in developing skills to become a contributing member of a diverse community; to establish a system for the appointment and regulation of guardians ad litem to support juveniles and the community at large To establish a Village and Agricultural Homesteading Program in the Northern Islands

(Hse. Comm 16-335) O.

PETITIONS, MEMORIALS AND MISCELLANEOUS COMMUNICATIONS:

1. Misc. Comm. No. 16-451: September 04, 2009 – NMI Retirement Fund drawdown of $29,841,749.75 - September 4, 2009. 2. Misc. Comm. No. 16-452: September 01, 2009 – CDA Executive Director’s support letter for Mr. Pedro I. Itibus’ re-appointment to serve as a member of CDA Board of Directors. 3. Misc. Comm. No. 16-453: August 28, 2009 – BISON Relations professional services. _________________________ Page 6

ORDER OF

BUSINESS SIXTEENTH SENATE SESSION

FOURTH REGULAR OCTOBER 08, 2009

4. Misc. Comm. No. 16-454: August 13, 2009 – US Army Japan and I Corps visit appreciation. 5. Misc. Comm. No. 16-455: September 02, 2009 – LB Appointment to Air Service Task Force. 6. Misc. Comm. No. 16-456: September 01, 2009 – San Francisco de Borja annual fiesta on October 7 – 11, 2009. 7. Misc. Comm. No. 16-457: September 04, 2009 – MVA regarding Asiana Airlines daytime air service from Incheon to Saipan. 8.

Misc. Comm. No. 16-458: September 2009 – HOMELAND Magazine.

9.

Misc. Comm. No. 16-459: June 22, 2009 – Copy of CPA 2007 annual report.

10. Misc. Comm. No. 16-460: August 28, 2009 – Rota Casino Gaming Commission enclosing copy of the adopted report. 11. Misc. Comm. No. 16-461: September 03, 2009 – FEMA to Ms. Villagomez regarding final inspection report CNMI Senate. 12. Misc. Comm. No. 16-462: September 14, 2009 – Rota Casino Gaming Commission need for budget and update of its operational status. 13. Misc. Comm. No. 16-463: September 16, 2009 – Senate Legal Counsel on the committee assignment of new Senate Legal Counsel, Mr. Ian Catlett. 14. Misc. Comm. No. 16-464: September 17, 2009 – Office of the Mayor of the Northern Islands designation of authority to Ms. Linda Ayuyu relating to assistance who are affected by Super Typhoon Choi Wan. 15. Misc. Comm. No. 16-465: September 18, 2009 – LB Director Delegation of Authority to Ms. Antonette Villagomez as Acting LB Director from September 21, to October 23, 2009. 16. Misc. Comm. No. 16-466: September 18, 2009 – Joint Leadership congratulation and invitation to visit the CNMI letter to Mr. Anthony Babauta on his recent confirmation as Assistant Secretary of the Interior for Insular Affairs. 17. Misc. Comm. No. 16-467: September 18, 2009 – Joint Leadership letter to the Governor Fitial regarding Public Health crisis at CHC. 18. Misc. Comm. No. 16-468: August 27, 2009 – Rota Legislative Delegation transmitting a certified copy of RLDR No. 16-04 – The Late Dr. Rita Hocog Inos. 19. Misc. Comm. No. 16-469: August 27, 2009 – Rota Legislative Delegation transmitting a certified copy of RLDR No. 16-05 – The Late John Taisacan Barcinas. 20. Misc. Comm. No. 16-470: September 30, 2009 – Senate President Reyes re: Grant Application for PSS. _________________________ Page 7

ORDER OF

BUSINESS SIXTEENTH SENATE SESSION

FOURTH REGULAR OCTOBER 08, 2009

21. Misc. Comm. No. 16-471: October 02, 2009 – Senator Luis Crisostimo’s letter to MVA regarding funding to the Beautify CNMI non-profit organization. P.

MISCELLANEOUS BUSINESS:

Q.

ANNOUNCEMENTS:

R.

ADJOURNMENT.

APPEARANCE OF SENATE LOCAL BILLS

LEG. NO.

TITLE NONE

_________________________ Page 8