House Of Representatives Sixteenth Northern Marianas Commonwealth Legislature Special
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HOUSE OF REPRESENTATIVES SIXTEENTH NORTHERN MARIANAS COMMONWEALTH LEGISLATURE SPECIAL SESSIONS, 2009
SESSION DAY 1st Day, First Special Session 2009
CALENDAR DAY Wednesday, April 1, 2009
TIME 9:30 a.m.
ORDER OF BUSINESS A Moment of Silence 1.
ROLL CALL
2.
ADOPTION OF JOURNALS – None
3.
INTRODUCTION OF BILLS
DRAFT – 3/30/09 PM
House Bills: H. B. NO. 16-234: To include gaming commission investigators and inspectors as recipients of the Law Enforcement Officers’ Benefit Act; and for other purposes. (Rep. Edwin P. Aldan) H. B. NO. 16-235: To amend 3 CMC § 7113(e)(3) regarding the erection of temporary structures fused for public events; and for other purposes. (Rep. Joseph C. Reyes)
House Legislative Initiatives: House Local Bills: H. L. B. NO. 16-31: To appropriate $15,000.00 from the local license fees collected for pachinko slot machines and poker machines in the Second Senatorial District; and for other purposes. (Rep. Edwin P. Aldan)
4.
INTRODUCTION OF RESOLUTIONS House Commemorative Resolutions: House Resolutions:
House of Representatives Sixteenth Legislature Order of Business
April 1, 2009 Special Sessions, 2009 Page 2
House Concurrent Resolutions: House Joint Resolutions: 5.
MESSAGES FROM THE GOVERNOR GOV. COMM. 16-334: (2/27/9) From Acting Governor Villagomez informing the House that he disapproved H. B. NO. 16-4, HD4, (the CNMI Government and Public Deposit Safety Act of 2008). [Deadline: 4/28/09] GOV. COMM. 16342: (Undated) Informing the House that he signed into law H. L. B. NO. 1625 (Appropriation of $42,000 form the pachinko slot machines and poker machines). [Became Tinian Local Law 167] GOV. COMM. 16343: (3/13/09) Informing the House that pursuant to the Legislature’s override, H. B. NO. 16-206 became Public Law 16-31. GOV. COMM. 16344: (3/13/09) Informing the House that pursuant to the Legislature’s override, H. B. NO. 16-213, HD5 became Public Law 16-32. GOV. COMM. 16-345: (3/26/09) Informing the House that he signed into law H. B. NO. 16-194 (To include the Northern Marianas Trade Institute as an educational institution to qualify under the tax credit program). [Became Public Law 16-33] GOV. COMM. 16-346: (3/23/09) Informing the House that he signed into law S. B. NO. 16-44, CS1, HD2 (re Advance Practice Registered Nurse). [Became Public Law 16-34] GOV. COMM. 16-347: (3/27/09) Informing the House that he signed into law H. B. NO. 16-149, HD1 (LEED Standards one-year suspension). [Became Public Law 16-35] GOV. COMM. 16-348: (3/27/09) Informing the House that he signed into law H. L. B. NO. 16-3, S1 D2 (Appropriation for various projects in the Third Senatorial District: FIBA Tournament; MYSN Conference; Kagman Elementary Outdoor Stage; Directory for Traditional Healers and Medicinal Plants.) [Became Saipan Local Law 16- 7] GOV. COMM. 16-349: (3/27/09) Certification for an annual salary in excess of $50,000 for Mr. Braddock J. Huesman.
House of Representatives Sixteenth Legislature Order of Business
6.
April 1, 2009 Special Sessions, 2009 Page 3
SENATE COMMUNICATIONS SEN. COMM. 16-134: (3/10/09) Transmitting S. B. NO. 16-15, entitled, “To establish a Prudent Investor Act in the Commonwealth; and for other purposes,” which was passed by the Senate on March 10, 2009. [For action] SEN. COMM. 16-135: (3/12/09) Transmitting S. J. R. NO. 16-9, entitled, “To respectfully request the U. S. House Subcommittee on Insular Affairs, Oceans and Wildlife to support the enactment of H. R. 934, a bill to convey to the Commonwealth of the Northern Mariana Islands jurisdiction over the waters and submerged lands extending three miles from the mean high water mark of its shores, the same conveyance as that accorded the U. S. Territories of Guam, Virgin Islands, and American Samoa,” which was passed by the Senate on March 10, 2009. [For action] SEN. COMM. 16-136: (3/12/09) Informing the House that the Senate accepted the House amendments to S. B. NO. 16-22, SS1, SD1, HS1, HD1, entitled, “To amend parts of 1 CMC 6101 et seq.”, on March 10, 2009. [For info] SEN. COMM. 16-137: (3/12/09) Informing the House that the Senate accepted the House amendments to S. B. NO. 16-49, HD1, entitled, “To amend 1 CMC, Division 8, § 8245 (c); and for other purpose,” on March 10, 2009. [For info] SEN. COMM. 16-138: (3/12/09) Returning H. J. R. NO. 16-24, to support and advocate the passage of H. R. 934 now pending before the 111th United States Congress, which was adopted by the Senate without amendment on March 10, 2009. [For info] SEN. COMM. 16-139: (3/12/09) Returning H. J. R. NO. 16-25, expressing congratulations to Asiana Airlines for being selected as the Airline of the Year for 2009 by Penton Media’s Air Transport World and our appreciation for Asiana Airlines’ continued commitment and support of the Commonwealth of the Northern Mariana Islands Travel Industry, which was adopted by the Senate without amendment on March 10, 2009. [For info] SEN. COMM. 16-140: (3/12/09) Returning H. B. NO. 16-145, HD2: “To mandate the Commonwealth Government to prioritize and pay the retirement employer contributions of government employees who are eligible to retire; and for other purposes”, which was passed by the Senate without amendment on March 10, 2009. [For info; Before the Governor] SEN. COMM. 16-141: (3/12/09) Returning H. B. NO. 16-187: “To amend Section 7(a)(2) and repeal and reenact Section 7(c) of the Rota Casino Act of 2007”, which was passed by the Senate without amendment on March 10, 2009. [For info; Before the Governor] SEN. COMM. 16-142: (3/12/09) Returning H. B. NO. 16-194, “To amend 4 CMC § 1205(c) to add the Northern Marianas Trade Institute as a qualified educational
House of Representatives Sixteenth Legislature Order of Business
April 1, 2009 Special Sessions, 2009 Page 4
institution for purposes of the education tax credit,” which was passed by the Senate without amendment on March 10, 2009. [For info; Before the Governor] SEN. COMM. 16-143: (3/17/09) Transmitting a certified copy of S. R. NO. 16-30, entitled, “A Senate Resolution to acknowledge, and honor a lifetime of accomplishment and service rendered by Retired Colonel Juan Cruz Tenorio to his country and to his people of the Commonwealth of the Northern Marianas.” [For info] SEN. COMM. 16-144: (3/26/09) Transmitting S. B. NO. 16-52, entitled, “To rename the Rota Veteran Memorial Park to ‘The Corporal Joe G. Charfauros Jr. Rota Veteran Memorial Park’”, which was passed by the Senate on March 26, 2009. [For action] SEN. COMM. 16-144: (3/30/09) Transmitting a certified copy of S. R. NO. 16-32, entitled, “A Senate Resolution to recognize and welcome Brigadier General Francis L. “Fran: Hendricks, Vice Commander, Army and Air Force Exchange Services, to the Commonwealth of the Northern Mariana Islands.” [For info] 7.
HOUSE COMMUNICATIONS HSE. COMM. 16-103: (3/9/09) Off-island notice from Representative Apatang. HSE. COMM. 16-104: (3/19/09) From Representative Salas informing the Speaker that he will be off-island for medical treatment beginning March 23, 2009.
8.
COMMUNICATIONS FROM THE JUDICIAL BRANCH - None
9.
COMMUNICATIONS FROM THE NMI DELEGATE (U.S. CONGRESS) - None
10.
COMMUNICATIONS FROM DEPARTMENTS & AGENCIES - None
11.
OTHER COMMUNICATIONS MISC. COMM. 16-68: (3/10/09) From Youth Congress Clerk Roslyn Leon Guerrero transmitting certified copies of YC Commemorative Resolutions 16-1 thru 16-3. MISC. COMM. 16-69: (3/10/09) From Youth Congress Clerk Roslyn Leon Guerrero transmitting certified copies of YC Resolutions 16-2 thru 16-11.
House of Representatives Sixteenth Legislature Order of Business
12.
April 1, 2009 Special Sessions, 2009 Page 5
REPORTS OF STANDING COMMITTEES S. C. R. NO. 16-78: Reporting on H. B. NO. 16-167, HD1 entitled, “To amend 1 CMC § 8222 regarding housing for key government officials; and for other purposes.” Your Committee on Judiciary and Governmental Operations recommends passage of the bill in the form of H. B. NO. 16-167, HD2. S. C. R. NO. 16-79: Reporting on H. B. NO. 16-132, entitled, “To authorize the Marianas Visitors Authority to regulate tour operators and tour guides by amending 4 CMC § 2103; and for other purposes.” Your Committee on Commerce and Tourism recommends passage of the bill in the form of H. B. NO. 16-132, HD1.
13.
REPORTS OF SPECIAL AND CONFERENCE COMMITTEES - None
14.
UNFINISHED BUSINESS – None
15.
RESOLUTION CALENDAR Resolutions
16.
BILL CALENDAR Bills/Initiatives H. B. NO. 16-201 H. L. I. NO. 16-8
S. L. I. NO. 16-10, HS1
To establish a government service severance package for employees funded by the General Fund with at least eighteen years of government service; and for other purposes. 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 restrictions on alienation of land with respect to its senatorial district [See S. C. R. NO. 1660, Subst. 1] To amend Article X of the Constitution of the Commonwealth of the Northern Mariana Islands by amending Section 7 to require the reduction of government employment and to add a new section 10 to authority the Commonwealth to issue pension obligation bonds; and for other purposes. [See S. C. R. No. 1669]
House of Representatives Sixteenth Legislature Order of Business
April 1, 2009 Special Sessions, 2009 Page 6
Bills/Initiatives H. B. NO. 16-188
To mandate the Department of Public Safety to remove dead animals from public highways and roads and thereafter contact the Mayor’s Office for its proper disposal; and for other purposes. [See S. C. R. No. 16-77] To repeal and reenact Section 2152 of Title 1 of the Commonwealth Code to clarify that an individual, absent Senate confirmation, shall neither occupy nor serve in the capacity of Attorney General, Acting Attorney General, or Interim Attorney General in excess of 30 days absent nomination to the Senate nor in excess of 90 days upon nomination; and for other purposes. [See Sen. Comm. No. 16 131] To amend Public Law 1617 sections 3(c) to modify PSAA requirements and 3(g)(2) to clarify contractor eligibility requirements for Private Sector Assistance Agreements (PSSA) and adding a new section 3(h) defining “United States Certified Contractor”; and for other purposes.
S. B. NO. 16-51, SD1
H. B. NO. 16-204
17.
MISCELLANEOUS BUSINESS
18.
ANNOUNCEMENTS (ADJOURNMENT) APPEARANCE OF LOCAL BILLS
FIRST APPEARANCE: 1st Legislative appearance of a local bill is on the day it is introduced. SECOND APPEARANCE: H. L. B. NO. 16-30: To appropriate the lapsed/unobligated funds from Saipan and Northern Islands Legislative Delegation (SNILD) Resolution 15-2; and for other purposes. (Rep. Justo S. Quitugua) THIRD APPEARANCE: H. L. B. NO. 16-29: To appropriate $10,000.00 from the local license fees collected for pachinko sot machines and poker machines in the Second Senatorial District; and for other purposes. (Rep. Edwin P. Aldan)
SESSION DAY 1st Day, First Special Session 2009
CALENDAR DAY Wednesday, April 1, 2009
TIME 9:30 a.m.
ORDER OF BUSINESS A Moment of Silence 1.
ROLL CALL
2.
ADOPTION OF JOURNALS – None
3.
INTRODUCTION OF BILLS
DRAFT – 3/30/09 PM
House Bills: H. B. NO. 16-234: To include gaming commission investigators and inspectors as recipients of the Law Enforcement Officers’ Benefit Act; and for other purposes. (Rep. Edwin P. Aldan) H. B. NO. 16-235: To amend 3 CMC § 7113(e)(3) regarding the erection of temporary structures fused for public events; and for other purposes. (Rep. Joseph C. Reyes)
House Legislative Initiatives: House Local Bills: H. L. B. NO. 16-31: To appropriate $15,000.00 from the local license fees collected for pachinko slot machines and poker machines in the Second Senatorial District; and for other purposes. (Rep. Edwin P. Aldan)
4.
INTRODUCTION OF RESOLUTIONS House Commemorative Resolutions: House Resolutions:
House of Representatives Sixteenth Legislature Order of Business
April 1, 2009 Special Sessions, 2009 Page 2
House Concurrent Resolutions: House Joint Resolutions: 5.
MESSAGES FROM THE GOVERNOR GOV. COMM. 16-334: (2/27/9) From Acting Governor Villagomez informing the House that he disapproved H. B. NO. 16-4, HD4, (the CNMI Government and Public Deposit Safety Act of 2008). [Deadline: 4/28/09] GOV. COMM. 16342: (Undated) Informing the House that he signed into law H. L. B. NO. 1625 (Appropriation of $42,000 form the pachinko slot machines and poker machines). [Became Tinian Local Law 167] GOV. COMM. 16343: (3/13/09) Informing the House that pursuant to the Legislature’s override, H. B. NO. 16-206 became Public Law 16-31. GOV. COMM. 16344: (3/13/09) Informing the House that pursuant to the Legislature’s override, H. B. NO. 16-213, HD5 became Public Law 16-32. GOV. COMM. 16-345: (3/26/09) Informing the House that he signed into law H. B. NO. 16-194 (To include the Northern Marianas Trade Institute as an educational institution to qualify under the tax credit program). [Became Public Law 16-33] GOV. COMM. 16-346: (3/23/09) Informing the House that he signed into law S. B. NO. 16-44, CS1, HD2 (re Advance Practice Registered Nurse). [Became Public Law 16-34] GOV. COMM. 16-347: (3/27/09) Informing the House that he signed into law H. B. NO. 16-149, HD1 (LEED Standards one-year suspension). [Became Public Law 16-35] GOV. COMM. 16-348: (3/27/09) Informing the House that he signed into law H. L. B. NO. 16-3, S1 D2 (Appropriation for various projects in the Third Senatorial District: FIBA Tournament; MYSN Conference; Kagman Elementary Outdoor Stage; Directory for Traditional Healers and Medicinal Plants.) [Became Saipan Local Law 16- 7] GOV. COMM. 16-349: (3/27/09) Certification for an annual salary in excess of $50,000 for Mr. Braddock J. Huesman.
House of Representatives Sixteenth Legislature Order of Business
6.
April 1, 2009 Special Sessions, 2009 Page 3
SENATE COMMUNICATIONS SEN. COMM. 16-134: (3/10/09) Transmitting S. B. NO. 16-15, entitled, “To establish a Prudent Investor Act in the Commonwealth; and for other purposes,” which was passed by the Senate on March 10, 2009. [For action] SEN. COMM. 16-135: (3/12/09) Transmitting S. J. R. NO. 16-9, entitled, “To respectfully request the U. S. House Subcommittee on Insular Affairs, Oceans and Wildlife to support the enactment of H. R. 934, a bill to convey to the Commonwealth of the Northern Mariana Islands jurisdiction over the waters and submerged lands extending three miles from the mean high water mark of its shores, the same conveyance as that accorded the U. S. Territories of Guam, Virgin Islands, and American Samoa,” which was passed by the Senate on March 10, 2009. [For action] SEN. COMM. 16-136: (3/12/09) Informing the House that the Senate accepted the House amendments to S. B. NO. 16-22, SS1, SD1, HS1, HD1, entitled, “To amend parts of 1 CMC 6101 et seq.”, on March 10, 2009. [For info] SEN. COMM. 16-137: (3/12/09) Informing the House that the Senate accepted the House amendments to S. B. NO. 16-49, HD1, entitled, “To amend 1 CMC, Division 8, § 8245 (c); and for other purpose,” on March 10, 2009. [For info] SEN. COMM. 16-138: (3/12/09) Returning H. J. R. NO. 16-24, to support and advocate the passage of H. R. 934 now pending before the 111th United States Congress, which was adopted by the Senate without amendment on March 10, 2009. [For info] SEN. COMM. 16-139: (3/12/09) Returning H. J. R. NO. 16-25, expressing congratulations to Asiana Airlines for being selected as the Airline of the Year for 2009 by Penton Media’s Air Transport World and our appreciation for Asiana Airlines’ continued commitment and support of the Commonwealth of the Northern Mariana Islands Travel Industry, which was adopted by the Senate without amendment on March 10, 2009. [For info] SEN. COMM. 16-140: (3/12/09) Returning H. B. NO. 16-145, HD2: “To mandate the Commonwealth Government to prioritize and pay the retirement employer contributions of government employees who are eligible to retire; and for other purposes”, which was passed by the Senate without amendment on March 10, 2009. [For info; Before the Governor] SEN. COMM. 16-141: (3/12/09) Returning H. B. NO. 16-187: “To amend Section 7(a)(2) and repeal and reenact Section 7(c) of the Rota Casino Act of 2007”, which was passed by the Senate without amendment on March 10, 2009. [For info; Before the Governor] SEN. COMM. 16-142: (3/12/09) Returning H. B. NO. 16-194, “To amend 4 CMC § 1205(c) to add the Northern Marianas Trade Institute as a qualified educational
House of Representatives Sixteenth Legislature Order of Business
April 1, 2009 Special Sessions, 2009 Page 4
institution for purposes of the education tax credit,” which was passed by the Senate without amendment on March 10, 2009. [For info; Before the Governor] SEN. COMM. 16-143: (3/17/09) Transmitting a certified copy of S. R. NO. 16-30, entitled, “A Senate Resolution to acknowledge, and honor a lifetime of accomplishment and service rendered by Retired Colonel Juan Cruz Tenorio to his country and to his people of the Commonwealth of the Northern Marianas.” [For info] SEN. COMM. 16-144: (3/26/09) Transmitting S. B. NO. 16-52, entitled, “To rename the Rota Veteran Memorial Park to ‘The Corporal Joe G. Charfauros Jr. Rota Veteran Memorial Park’”, which was passed by the Senate on March 26, 2009. [For action] SEN. COMM. 16-144: (3/30/09) Transmitting a certified copy of S. R. NO. 16-32, entitled, “A Senate Resolution to recognize and welcome Brigadier General Francis L. “Fran: Hendricks, Vice Commander, Army and Air Force Exchange Services, to the Commonwealth of the Northern Mariana Islands.” [For info] 7.
HOUSE COMMUNICATIONS HSE. COMM. 16-103: (3/9/09) Off-island notice from Representative Apatang. HSE. COMM. 16-104: (3/19/09) From Representative Salas informing the Speaker that he will be off-island for medical treatment beginning March 23, 2009.
8.
COMMUNICATIONS FROM THE JUDICIAL BRANCH - None
9.
COMMUNICATIONS FROM THE NMI DELEGATE (U.S. CONGRESS) - None
10.
COMMUNICATIONS FROM DEPARTMENTS & AGENCIES - None
11.
OTHER COMMUNICATIONS MISC. COMM. 16-68: (3/10/09) From Youth Congress Clerk Roslyn Leon Guerrero transmitting certified copies of YC Commemorative Resolutions 16-1 thru 16-3. MISC. COMM. 16-69: (3/10/09) From Youth Congress Clerk Roslyn Leon Guerrero transmitting certified copies of YC Resolutions 16-2 thru 16-11.
House of Representatives Sixteenth Legislature Order of Business
12.
April 1, 2009 Special Sessions, 2009 Page 5
REPORTS OF STANDING COMMITTEES S. C. R. NO. 16-78: Reporting on H. B. NO. 16-167, HD1 entitled, “To amend 1 CMC § 8222 regarding housing for key government officials; and for other purposes.” Your Committee on Judiciary and Governmental Operations recommends passage of the bill in the form of H. B. NO. 16-167, HD2. S. C. R. NO. 16-79: Reporting on H. B. NO. 16-132, entitled, “To authorize the Marianas Visitors Authority to regulate tour operators and tour guides by amending 4 CMC § 2103; and for other purposes.” Your Committee on Commerce and Tourism recommends passage of the bill in the form of H. B. NO. 16-132, HD1.
13.
REPORTS OF SPECIAL AND CONFERENCE COMMITTEES - None
14.
UNFINISHED BUSINESS – None
15.
RESOLUTION CALENDAR Resolutions
16.
BILL CALENDAR Bills/Initiatives H. B. NO. 16-201 H. L. I. NO. 16-8
S. L. I. NO. 16-10, HS1
To establish a government service severance package for employees funded by the General Fund with at least eighteen years of government service; and for other purposes. 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 restrictions on alienation of land with respect to its senatorial district [See S. C. R. NO. 1660, Subst. 1] To amend Article X of the Constitution of the Commonwealth of the Northern Mariana Islands by amending Section 7 to require the reduction of government employment and to add a new section 10 to authority the Commonwealth to issue pension obligation bonds; and for other purposes. [See S. C. R. No. 1669]
House of Representatives Sixteenth Legislature Order of Business
April 1, 2009 Special Sessions, 2009 Page 6
Bills/Initiatives H. B. NO. 16-188
To mandate the Department of Public Safety to remove dead animals from public highways and roads and thereafter contact the Mayor’s Office for its proper disposal; and for other purposes. [See S. C. R. No. 16-77] To repeal and reenact Section 2152 of Title 1 of the Commonwealth Code to clarify that an individual, absent Senate confirmation, shall neither occupy nor serve in the capacity of Attorney General, Acting Attorney General, or Interim Attorney General in excess of 30 days absent nomination to the Senate nor in excess of 90 days upon nomination; and for other purposes. [See Sen. Comm. No. 16 131] To amend Public Law 1617 sections 3(c) to modify PSAA requirements and 3(g)(2) to clarify contractor eligibility requirements for Private Sector Assistance Agreements (PSSA) and adding a new section 3(h) defining “United States Certified Contractor”; and for other purposes.
S. B. NO. 16-51, SD1
H. B. NO. 16-204
17.
MISCELLANEOUS BUSINESS
18.
ANNOUNCEMENTS (ADJOURNMENT) APPEARANCE OF LOCAL BILLS
FIRST APPEARANCE: 1st Legislative appearance of a local bill is on the day it is introduced. SECOND APPEARANCE: H. L. B. NO. 16-30: To appropriate the lapsed/unobligated funds from Saipan and Northern Islands Legislative Delegation (SNILD) Resolution 15-2; and for other purposes. (Rep. Justo S. Quitugua) THIRD APPEARANCE: H. L. B. NO. 16-29: To appropriate $10,000.00 from the local license fees collected for pachinko sot machines and poker machines in the Second Senatorial District; and for other purposes. (Rep. Edwin P. Aldan)
