13th HOUSE OF REPRESENTATIVES - cnmileg.gov.mp · $10,000 to the Joeten-Kiyu Public Library and...

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HOUSE OF REPRESENTATIVES • FOURTEENTH LEGISLATURE • COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS

House Journal FOURTH SPECIAL SESSION, 2004

Second Day May 21, 2004

The House of Representatives of the Fourteenth Northern Marianas Commonwealth

Legislature convened in its Second Day, Fourth Special Session, on Thursday, May 21, 2004, at

10:17 a.m., in the House Chamber, Capitol Hill, Saipan, Commonwealth of the Northern Mariana

Islands.

The Honorable Benigno R. Fitial, Speaker of the House, presided.

A moment of silence was observed.

The Clerk called the roll. Seventeen members were present; one member is absent.

A quorum is present for this morning’s session. Representative Deleon Guerrero is excused. At this

time, I would like the Floor Leader to effectuate a motion to resolve into the Committee of the

Whole.

Floor Leader Babauta moved to resolve into the Committee of the Whole for the presentation

of resolutions, was seconded and carried by voice vote.

Speaker Fitial: Motion carries.

The House went into Committee of the Whole at 10:20 a.m.

COMMITTEE OF THE WHOLE

The House returned to plenary session at 10:38 a.m.

Speaker Fitial: We’re back to our plenary session. I would like the record to reflect that

Representative Deleon Guerrero is now in the Chamber.

ADOPTION OF JOURNALS

None

PREFILED AND INTRODUCTION OF BILLS

H. B. NO. 14-182: A Bill for an Act to transfer the functions of registering vehicles and issuing

operator’s licenses to an Office of Vehicle and Driver Registration under the Division of Revenue

and Taxation within the Department of Finance.

First Day

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Offered by: Rep. Janet Maratita

Referred to: Committees on Judiciary and Governmental Operations

H. B. NO. 14-183: A Bill for an Act to appropriate $800,000.00 from the remaining bond interest

proceeds from the CIP authorized by P.L. No. 11-102; and for other purposes.

Offered by: Rep. David M. Apatang and ten others

Referred to: Committees on Ways and Means

H. B. NO. 14-184: A Bill for an Act to limit the granting of educational leave.

Offered by: Rep. Timothy P. Villagomez

Referred to: Committee on Judiciary and Governmental Operations

H. B. NO. 14-185: A Bill for an Act to declare the month of July as CNMI Youth Month and to

declare the third Friday in July as CNMI Youth day; and for other purposes.

Offered by: Rep. Crispin M. Ogo and nine others


H. B. NO. 14-186: A Bill for an Act to amend 1 CMC § 3603(a), and for other purposes.

Offered by: Rep. Claudio K. Norita


H. B. NO. 14-187: A Bill for an Act to appropriate from the Tobacco Control Fund the sum of

$10,000 to the Joeten-Kiyu Public Library and $80,000 to the Public School System.

Offered by: Rep. Justo S. Quitugua

Referred to: Committee on Ways and Means

H. B. NO. 14-188: A Bill for an Act to abolish the Scholarship Advisory Board created by

Executive Order 94-3, to transfer its functions and those relating to post-secondary education

financial assistance to a Higher Education Financial Assistance Board, to authorize a student loan

program; and for other purposes.


Referred to: Committee on Education

H. B. NO. 14-189: A Bill for an Act to provide visitation by Grandparents.

Offered by: Rep. Janet U. Maratita and two others

Referred to: Committee on Health and Welfare

H. B. NO. 14-190: A Bill for an Act to appropriate $110,000 for the purchase of vehicles for the

Rota Department of Public Safety and the Division of Fisheries of the Rota Department of Lands and

Natural Resources and for the Tinian Health Center; and for other purposes.

May 21, 2004

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Offered by: Rep. Crispin M. Ogo and Rep. Norman Palacios

Referred to: Committee on Ways and Means

H. B. NO. 14-191: A Bill for an Act to amend 4 CMC § 7502z(e); and for other purposes.

Offered by: Rep. Ray Yumul and nine others.

Referred to: Committee on Commerce and Tourism

H. L. B. NO. 14-24: A Local Bill for an Act for the Third Senatorial District to appropriate

$150,000.00 from cockfight, bingo and batu gaming collection, and for other purposes.

Offered by: Rep. Claudio K. Norita

H. L. B. NO. 14-25: A Local Appropriation Bill for an Act for the Third Senatorial District to

appropriate the sum of $150,000 from poker license fees as provided by Saipan Local Law 11-2 and

amended by Saipan Local Law No. 13-8.


PREFILED AND INTRODUCTION OF RESOLUTIONS

H. R. NO. 14-57: A House Resolution requesting that the Honorable President George W. Bush and

the Honorable Members of the Senate Committee on the Judiciary consider the nomination of Ms.

Alicia A. G. Limtiaco by the Honorable Felix P. Camacho, Governor of Guam, to the United States

District Court of Guam.

Offered by: Janet U. Maratita and two others

H. R. NO. 14-58: A House Resolution to request that the Marianas Public Lands Authority designate

Tract 26-9, which is located in the upper MIHA/Lower Navy Hill area, for the relocation of the

Garapan Headstart and Children’s Park.

Offered by: Rep. Arnold I. Palacios and seven others

H. J. R. No. 14-18: A House Joint Resolution to authorize the Governor to reprogram pursuant to 1

CMC § 7402(d) the sum of $438,000.00 from unobligated funds in the Tobacco Control Fund to the

Northern Marianas College to cover additional expenditures for Fiscal Year 2004.


MESSAGES FROM THE GOVERNOR

GOV. COMM. 14-46 – [5/7/04] – Informing the House that he signed H. B. NO. 14-137, SS1

(To appropriate $374,766 for the relocation of T-1 pump station to T-2 pump station at the Tanapag

First Day

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Social Hall; $316,660 for earthmoving equipment for the Second Sen. Dist; up to $316,600 for CIP

in the First Sen. Dist.), line item vetoed subsection 1(b) lines 2-6, into Public Law No. 14-5

GOV. COMM. 14-47 – [5/10/04] – Informing the House that he vetoed S. B. NO. 14-13 (re.

Hiring of nonresident workers by MVA).

GOV. COMM. 14-48 – [5/6/04] – Appointing Mr. Antonio T. Salas as the Special Assistant

for Programs and Legislative Review.

GOV. COMM. 14-49 – [5/7/04] – Informing the House that he vetoed S. B. NO. 14-10, SD1

(Martin Luther King Holiday), and submitting a proposed substitute of the legislation for

consideration.

GOV. COMM. 14-50 – [5/18/04] – Certification for an Administrative Officer III and Animal

Industry Specialist at DLNR-Tinian.

GOV. COMM. 14-51 – [5/18/04] – Certification for Trades Helper (10), CIP Receptionist (2),

Traffic Technician, Account Clerk, Inspector Trainee, CIP Assistant, Right of Way Technician,

Draftsman Trainee and Administrative Clerk at DPW.

GOV. COMM. 14-52 – [5/19/04] – Certification for Bldg. Inspector Supervisor, Trades

Helper, Equipment Operator I, Admin. Specialist I, Assistant Housing Officer and Roads, and

Grounds Operations Specialist at DPW.

GOV. COMM. 14-53 – [5/19/04] – Certification for Environmental Trainee, Environmental

Technician (4), Admin. Specialist, Environmental Specialist (2), Environmental Specialist II,

Messenger and Waste Water Branch Manager at DEQ.

Speaker Fitial: Any comments? Floor Leader.

Floor Leader Babauta: I just want to bring to the attention of the members, GOV. COMM. 14-51,

primarily to the Committee on Ways and Means. I noticed that a glance of the Fiscal Year 2005

budget reflects most of the FTE’s that are being certified to the legislature for action and the

committee should look into this request whether or not funding is available.

Speaker Fitial: Any more comments?

SENATE COMMUNICATIONS

SEN. COMM. 14-61: Return of H. J. R. NO. 14-10 (Commending Juan T. Guerrero), which

was adopted by the Senate without amendment on May 19, 2004. [For info]

SEN. COMM. 14-62: Return of H. J. R. NO. 14-11 (Requesting MPLA to grant DCCA 48,000

sq. meters of land in Marpi), which was adopted by the Senate without amendment on May 19, 2004.

[For info]

May 21, 2004

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SEN. COMM. 14-63: Return of H. J. R. NO. 14-15 (Requesting the Mayor of Saipan to

include MASA Assn. in the planning phase of a property in As Matuis), which was adopted by the

Senate without amendment on May 19, 2004. [For info]

SEN. COMM. 14-64: Return of H. B. NO. 14-97, HS1 (Stateless children), which was passed

by the Senate with amendments on May 19, 2004 in the form of H. B. NO. 14-97, HS1, SS1. [For

action on Senate amendment]

SEN. COMM. 14-65: Informing the House that the Senate overrode the Governor’s veto of

S. B. NO. 14-10, SD1 (Martin Luther King Holiday) on May 19, 2004.

SEN. COMM. 14-66: Return of H. B. NO. 14-112, HS1 (To restrict the planting of trees and

other such vegetation below and around power lines and facilities), which was passed by the Senate

on May 19, 2004 in the form of H. B. NO. 14-112, HS1, SS1. [For action on Senate amendment]

SEN. COMM. 14-67: Return of H. J. R. NO. 14-16 (Peace Officers’ Memorial Day, which was

adopted by the Senate without amendment on May 19, 2004. [For info]

The Chair recognized Floor Leader.

Floor Leader Babauta: Thank you, Mr. Speaker. I move to accept SEN. COMM. 14-61 to SEN.

COMM. 14-67.

Speaker Fitial: Discussion. Motion carries.

Floor Leader Babauta: Thank you, Mr. Speaker. Subsidiary motion pursuant to Rule IX, Section 15

to place SEN. COMM. 14-64 and SEN. COMM. 14-66 and to act on the Senate Amendments on today’s

calendar.

Speaker Fitial: Motion Carries.

HOUSE COMMUNICATIONS

HSE. COMM. 14-14: From Rep. Attao informing the Speaker that he will be off-island from

May 24-June 17, 2004.

COMMUNICATIONS FROM THE JUDICIAL BRANCH

JUD. BR. COMM. 14-5 – [5/12/04] – From Chief Justice Demapan expressing deep gratitude for your

generosity during the 2004 Judicial Commemoration Celebration.

COMMUNICATIONS FROM THE RESIDENT REPRESENTATIVE

None

First Day

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COMMUNICATIONS FROM DEPARTMENTS & AGENCIES

None

OTHER COMMUNICATIONS

MISC. COMM. 14-14 – [5/13/04] – From Ms. Frances Muna, transmitting certified copies of 8SMC-

2RS-53 thru 8SMC-2RS-73 adopted by the Eighth S&NI Municipal Council.

REPORTS OF STANDING COMMITTEES

Floor Leader Babauta: Thank you, Mr. Speaker. If there’s no objection from the floor, I move to

place the following S. C. R. NO. 14-54, S. C. R. NO. 14-55 and S. C. R. NO. 14-56 on Today’s

Order of Business.

The motion was seconded.

Speaker Fitial: Motion carries.

Speaker Fitial: Adoption motion. Floor Leader.

Floor Leader Babauta: So move, Mr. Speaker for the adoption of S. C. R. NO. 14-54, reporting on

H. B. NO. 14-139, S. C. R. NO. 14-55, reporting on H. B. NO. 14-152 and S. C. R. NO. 14-56,

reporting on H. B. NO. 14-177.

Speaker Fitial: Discussion. Rep. Hofschneider recognized.

Rep. Hofschneider: Mr. Speaker, May I ask the Chairman on Ways and Means how he arrived at the

pro rated distribution of the $1.4 Million bond interest.

Rep. Norman Palacios: Pro rated? Can you repeat the question?

Rep. Hofschneider: There’s a fund balance in the bond interest of $1.4 Million authorized by P.L.

11-102 and the entire $1.4 Million is dedicated towards the First and Second Senatorial District.

What was the rationale behind the pro ration? There is an existing law and as traditionally practiced

recognizing that particular law in place where1/8-1/8 distribution is adhered to, is the pro ration

within that limit?

Speaker Fitial: You may respond, Chairman.

Rep. Norman Palacios: Thank you, Mr. Speaker. As you know, there was a bill during the 13th

Legislature that Rota and Tinian was given $500,000.00 each and what happened to that bill was, it

was introduced and passed by both Houses but was vetoed by the Governor due to the questions of

the composition of the Senate. After the veto, a similar bill, H. B. NO. 13-364 was introduced and

passed by the House but it failed to garner a required vote in the Senate which happened during the

lame-duck period and the necessary vote needed at that time was 3/4 of the vote.

May 21, 2004

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The Chair recognized the Floor Leader Babauta.

Floor Leader Babauta: The original was a request of the Senate’s $1.5 as submitted by the Chairman.

The original $500,000.00 was a figure that arrived by the previous legislature. The additional

$200,000.00 for each Senatorial District was derived from a new interest that has accrued since then

through the report of the Department of Finance. It is with this reason that the Committee, instead of

actually giving the entire $1.5 Million it reduces down by…(audible) because the fact that the Senate

would not, and I would not probably use the word as a threat but the Senate would not act on the

$2.5 for the outfitting of the correction facilities due to the pending enactment of this measure for

both the Senatorial District. It was the Committee’s decision that the $1.5 Million should be reduced

and arrived at $1.4 Million with a distribution of $700,000.00 a piece for the First and Second

Senatorial District.

Rep. Hofschneider: What was the legal or rationale behind just pulling $700,000.00 out of the air

and splitting it up to $700,000.00 each?

Floor Leader Babauta: The rationale was an increase in interest.

Rep. Hofschneider: I understand that but out of the $4.2 Million of bond interest accrued since the

last appropriation, we have in fact given 1/2 Million each. In the last legislature, when we were

blackmailed, to use a soft description, we were hostage by First and Second Senatorial District in the

prison appropriation under the land compensation bill that Representative Attao introduced. Those

previous three exercises that we went through, the Governor vetoed those bills, signed into law the

1/2 a million each for Rota and Tinian, there is an existing law giving 1/2 a million each. The prison

is not the interest alone of the Third Senatorial District. The Third Senatorial District did not desire

to build a prison for itself, this is a one Commonwealth. If you look at the previous laws designating

the CIP appropriations, we bend over backwards. In the last Covenant Funding, when the U. S.

Congress decided to withhold $5 Million subject to re-imbursement in 2004 Congressional

Appropriation, Rota and Tinian took their share in full; the Third Senatorial District had to wait. In

the midst of this, we initiated a $60 Million bond so that the previous administration can conform

and comply with lifting that restriction because we did not have the internal resources to match the

C.I.P. money that being withheld after Congressional Appropriation for many years. As a result of

the $60 Million bond, we accrued interest, a little over $4 Million and at a minimum, the distribution

should adhere to 1/8-1/8 and the rest to the Senatorial District. We have a facility that is benefiting

the entire Commonwealth; the Third Senatorial District is footing the bill for it. Now the $2.5

Million appropriation again I hear is being withheld up in the Senate because of this legislation? I’m

willing to go and agree with the $2.5 Million for Rota and Tinian dialysis, that’s a commitment as

well as the previous commitment of $2.5 Million appropriating and being sign into law but it’s

getting overboard, it’s getting too much to tolerate that there’s an interest Commonwealth wide and

yet we have this business of trying to appropriate $200,000.00 additional. Now, what about the

Third Senatorial District, have we finished all the necessary infrastructure needs that we have to

conform to this? In the previous legislature we agreed that the Federal Highway should also be

extended to First and Second Senatorial and now for various road projects, an additional

$200,000.00 in terms of pro rating, I stand on the fact that we have given Rota and Tinian over and

beyond the 1/8.

The Chair recognized Representative Attao.

First Day

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Rep. Attao: I would like to clarify the statement made by Chairman Norman Palacios relative to the

Line Item Veto made by former Governor Pedro P. Tenorio. H. B. NO. 12-374, SS1, S-2 was signed

into law on September 14, 2002 under 12-64, on this particular law yes indeed $1 Million was

appropriated to Rota and Tinian Dialysis however, this particular appropriation was Line Item Veto

by Governor Tenorio. Subsequent to that, under H. B. NO. 13-317, HD1 became P. L. No. 13-56 $1

Million was appropriated for any construction cost for Dialysis Center for both Rota and Tinian. So

the $1 Million that was Line Item Veto was reinstated under P. L. No. 13-56. H. B. NO. 12-325

became P. L. No. 12-40 reserving $500,000.00 for Rota and $500,000.00 for Tinian from the CDA

Bond Interest on the $140 Million. Again, subsequent to that, H. B. NO. 13-254 became P. L. No.

13-48 appropriating $500,000.00 for Rota and $500,000.00 for Tinian from the $140 Million bond.

If you add all the appropriation given to both Tinian and Rota, they have exceeded the entitlement of

1/8 and for this reason; I don’t think H. B. NO. 14-177 is ready to be acted on today’s session. I for

one would like to get something out of the $1.4 Million. Garapan School is in need of $500,000.00

for additional six classrooms and I’m just pointing this out and if this will go through, I would like to

offer a floor amendment and I ask the Chairman on Ways and Means Committee to accept the floor

amendment that I will be offering on this particular subject.

Speaker Fitial: Any…we have a motion to adopt the S. C. R. NO. 14-54, S. C. R. NO. 14-55 and S.

C. R. NO. 14-56.

Rep. Attao: I would like to offer a floor amendment to strike out $1.4 Million and reduce that by

$600,000.00 to reflect appropriation for Garapan Elementary School for additional six classrooms.

Representative Hofschneider seconded the floor amendment given by Representative Attao.

Speaker Fitial: Short recess.

The House recessed at 11:02 a.m.

RECESS

The House reconvened at 11:08 a.m.

Speaker Fitial: The House shall reconvene. We’re still deliberating on the motion to adopt the

Standing Committee Reports. Any more discussion before we call for the question? Representative

Hofschneider.

Rep. Hofschneider: Subsidiary motion to suspend discussion on H. B. NO. 14-177 and move on

with the voting on the rest of the committee reports.

Speaker Fitial: Is there any further discussion that needs to be suspended?

Rep. Hofschneider: We have multiple Committee Reports on the floor. One of the particular

Committee Report under discussion is S. C. R. NO. 14-56. My subsidiary motion is to suspend

discussion on S. C. R. NO. 14-56 and move on with the rest of the committee reports.

May 21, 2004

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Speaker Fitial: I think what you’re trying to do is to single out or a motion to defer action on that

particular report.

Rep. Hofschneider: Whichever description suits the procedure.

Speaker Fitial: No. We’re no longer discussing the motion to adopt; we’re now moving

into…(audible) is there any further discussion on the motion to adopt the Standing Committee

Reports?

Rep. Hofschneider: Then, let me re-phrase my motion.

Speaker Fitial: Go ahead and re-phrase your question.

Rep. Hofschneider: Motion to defer discussion and adoption on S. C. R. NO. 14-56.


Speaker Fitial: Is it clear that there is a motion offered by Representative Hofschneider to defer

action and voting on S. C. R. NO. 14-56?

Several members voiced, “ready”.

Speaker Fitial: Ready. Roll call.

The roll called on the motion to defer action on S. C. R. NO. 14-56 is as follows:

Rep. Martin B. Ada yes Rep. David M. Apatang yes Rep. Jesus T. Attao yes Rep. Oscar M. Babauta no Rep. Joseph P. Deleon Guerrero yes Rep. Heinz S. Hofschneider yes Rep. Jesus SN. Lizama no Rep. Janet U. Maratita no Rep. Claudio K. Norita no Rep. Crispin M. Ogo no Rep. Arnold I. Palacios yes Rep. Norman S. Palacios no Rep. Justo S. Quitugua abstain Rep. Benjamin B. Seman yes Rep. Ramon A. Tebuteb yes Rep. Timothy P. Villagomez no Rep. Ray N. Yumul no Rep. Benigno R. Fitial no

Speaker Fitial: The motion to defer action on voting on S. C. R. NO. 14-56 is hereby defeated.

Floor Leader Babauta: Since we acknowledge the decision on the floor on the Committee Report,

may we now move for the adoption on a separate motion for each of the Standing Committee

Reports?

First Day

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S. C. R. NO. 14-54: Reporting on H. B. NO. 14-139 entitled, “To amend 1 CMC § 9104(b); and for

other purposes.” Your Committee on Judiciary and Government Operations recommends passage.

Speaker Fitial: Motion carries. We’re now voting on the motion to adopt S. C. R. NO. 14-54.

The roll called on the motion to adopt S. C. R. NO. 14-54 is as follows:

Rep. Martin B. Ada yes Rep. David M. Apatang yes Rep. Jesus T. Attao yes Rep. Oscar M. Babauta yes Rep. Joseph P. Deleon Guerrero yes Rep. Heinz S. Hofschneider yes Rep. Jesus SN. Lizama yes Rep. Janet U. Maratita yes Rep. Claudio K. Norita yes Rep. Crispin M. Ogo yes Rep. Arnold I. Palacios yes Rep. Norman S. Palacios yes Rep. Justo S. Quitugua yes Rep. Benjamin B. Seman yes Rep. Ramon A. Tebuteb yes Rep. Timothy P. Villagomez yes Rep. Ray N. Yumul yes Rep. Benigno R. Fitial yes

Speaker Fitial: S. C. R. NO. 14-54 is hereby adopted. We’re now voting on the motion to adopt S.

C. R. NO. 14-55. Discussion. Roll call.

S. C. R. NO. 14-55: To create a new Department of Corrections within the Executive Branch of the

Commonwealth Government; to transfer responsibility for correctional and detention functions from

the Department of Public Safety’s Division of Corrections and the Department of Labor and

Immigration’s Office of Detention to the new department; to provide for the orderly transfer of

records, personnel, and property to the new department; and for other purposes.


Rep. Martin B. Ada yes Rep. David M. Apatang yes Rep. Jesus T. Attao yes Rep. Oscar M. Babauta yes Rep. Joseph P. Deleon Guerrero yes Rep. Heinz S. Hofschneider yes Rep. Jesus SN. Lizama yes Rep. Janet U. Maratita yes Rep. Claudio K. Norita yes Rep. Crispin M. Ogo yes Rep. Arnold I. Palacios yes Rep. Norman S. Palacios yes Rep. Justo S. Quitugua yes Rep. Benjamin B. Seman yes Rep. Ramon A. Tebuteb yes

May 21, 2004

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Rep. Timothy P. Villagomez yes Rep. Ray N. Yumul yes Rep. Benigno R. Fitial yes

Speaker Fitial: S. C. R. NO. 14-55 is hereby adopted. Now we’re voting on the motion to adopt S.

C. R. NO. 14-56. Roll call.

S. C. R. NO. 14-56: To appropriate One Million Four Hundred Thousand Dollars ($1,400,000.00)

of the bond interest proceeds from the CIP Bond authorized by Public Law 11-102 for the

constructions of Dialysis Facilities and various Road Projects in the First and Second Senatorial

Districts in the CNMI; and for other purposes.


Rep. Martin B. Ada no Rep. David M. Apatang no Rep. Jesus T. Attao no Rep. Oscar M. Babauta yes Rep. Joseph P. Deleon Guerrero no Rep. Heinz S. Hofschneider no Rep. Jesus SN. Lizama yes Rep. Janet U. Maratita yes Rep. Claudio K. Norita yes Rep. Crispin M. Ogo yes Rep. Arnold I. Palacios no Rep. Norman S. Palacios yes Rep. Justo S. Quitugua abstain Rep. Benjamin B. Seman no Rep. Ramon A. Tebuteb no Rep. Timothy P. Villagomez yes Rep. Ray N. Yumul yes Rep. Benigno R. Fitial yes

Rep. Ada: Mr. Speaker privilege on the voting sir. I was a little distracted and I’m changing my

vote to “NO.”

Speaker Fitial: The abstention again goes to the prevailing so S. C. R. NO. 14-56 is hereby adopted.

Rep. Hofschneider: Point of clarification. May I specifically get the citation as to the abstention

vote going to the prevailing vote of the House Rule?

Speaker Fitial: Short recess.

The House recessed at 11:17 a.m.

RECESS

The House reconvened at 11:28 a.m.

Speaker Fitial: The House shall reconvene. We’re now down to item no. 13, reports of Special

Committees.

First Day

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REPORTS OF SPECIAL AND CONFERENCE COMMITTEES

Floor Leader Babauta: So moved, Mr. Speaker to adopt SP. CMTE. REP. NO. 14-1, reporting on

H. B. NO. 14-5, on Family Violence.



UNFINISHED BUSINESS

None

RESOLUTION CALENDAR

Floor Leader Babauta: Thank you, Mr. Speaker. I move to suspend Rule VII, Section 7 and Rule

IX, Sections 9, 10 and 11 for the adoptions for H. R. NO. 14-57, H. R. NO. 14-58 and H. J. R. NO.

14-18.

The motion was seconded and carried by voice vote.

Speaker Fitial: Motion carries. Adoption.

Floor Leader Babauta: So moved, Mr. Speaker, for the adoption of H. R. NO. 14-57 and H. R. NO.

14-58.

Several others seconded the motion.


H. R. NO. 14-57: A House Resolution relative to expressing the sorrow of the people of Saipan upon

the passing of a master craftsman and a dear friend of our island, the late Segundo De Leon Guerrero

Blas, better known as Tun Segundo/Master Carver, for his extraordinary contributions to our island

and our people, and to acknowledge his work in the preservation of the Chamorro art of canoe

carving and teaching the skills to the next generation, as Saipan’s Master Carver.

H. R. NO. 14-58: A House Resolution requesting the Board of the Marianas Public Lands Authority

to authorize the expenditure of $2,000,000.00 for road improvements in Kagman III, Phase IV.

Floor Leader Babauta: So moved, Mr. Speaker, for the adoption of H. J. R. NO. 14-18.

Several others seconded the motion.

Speaker Fitial: Discussion. Representative Tebuteb recognized.

May 21, 2004

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Rep. Tebuteb: I just need clarification on Page 2, Line 1, the projected personnel shortfall, do we

have…

Speaker Fitial: Any member of the Ways and Means Committee wishing to respond to that,

Representative Quitugua.

Rep. Quitugua: The projected shortfall is $438,000.00.

Speaker Fitial: No further discussion?

Several members voiced, “ready”.

Speaker Fitial: Motion carries. Bill Calendar. Floor Leader.

BILL CALENDAR

Floor Leader Babauta: I move to suspend Rule IX, Section 9, 10 and 11 for the placement and

passage on H. B. NO. 14-5, CS1, H. B. NO. 14-139, H. B. NO. 14-152, H. B. NO. 14-177, CS1, H.

B. NO. 14-97, HS1, SS1, and H. B. NO. 14-112, HS1, SS1.

The motion was seconded and carried by voice vote.

Speaker Fitial: Motion carries. Passage.

Floor Leader Babauta: So move, Mr. Speaker, for the passage on Second and Final Reading

H. B. NO. 14-5, CS1.


H. B. NO. 14-5, CS1: A BILL FOR AN ACT TO DEFINE THE OFFENSE OF ABUSE OF FAMILY AND

HOUSEHOLD MEMBERS, ESTABLISH CORRESPONDING PENALTIES, AND FOR OTHER PURPOSES.

Speaker Fitial: Discussion. Roll Call.

The roll called on the motion to pass H. B. NO. 14-5, HS1 on First and Final Reading is as

follows:

Rep. Martin B. Ada yes Rep. David M. Apatang yes Rep. Jesus T. Attao yes Rep. Oscar M. Babauta yes Rep. Joseph P. Deleon Guerrero yes Rep. Heinz S. Hofschneider yes Rep. Jesus SN. Lizama yes Rep. Janet U. Maratita yes Rep. Claudio K. Norita yes Rep. Crispin M. Ogo yes Rep. Arnold I. Palacios yes

First Day

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Rep. Norman S. Palacios yes Rep. Justo S. Quitugua yes Rep. Benjamin B. Seman yes Rep. Ramon A. Tebuteb yes Rep. Timothy P. Villagomez yes Rep. Ray N. Yumul yes Rep. Benigno R. Fitial yes

Speaker Fitial: H. B. NO. 14-5, HS1 passes the House on First and Final Reading, 18-0.

Floor Leader Babauta: So moved for the passage of H. B. NO. 14-139 on First and Final Reading.

H. B. NO. 14-139: A BILL FOR AN ACT TO AMEND 1 § 9104(b); AND FOR OTHER PURPOSES.

Speaker Fitial: Discussion. Roll call.

The roll called on the motion to pass H. B. NO. 14-139 on First and Final Reading is as

follows:


Speaker Fitial: H. B. NO. 14-139 passes the House on First and Final Reading, 18-0.

Floor Leader Babauta: So moved for the passage of H. B. NO. 14-152 on First and Final Reading.

H. B. NO. 14-152: A BILL FOR AN ACT TO CREATE A NEW DEPARTMENT OF CORRECTIONS WITHIN

THE EXECUTIVE BRANCH OF THE COMMONWEALTH GOVERNMENT; TO TRANSFER RESPONSIBILITY

FOR CORRECTIONAL AND DETENTION FUNCTIONS FROM THE DEPARTMENT OF PUBLIC SAFETY’S

DIVISION OF CORRECTIONS AND THE DEPARTMENT OF LABOR AND IMMIGRATION’S OFFICE OF

DETENTION TO THE NEW DEPARTMENT; TO PROVIDE FOR THE ORDERLY TRANSFER OF RECORDS,

PERSONNEL, AND PROPERTY TO THE NEW DEPARTMENT; AND FOR OTHER PURPOSES.


May 21, 2004

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The roll called on the motion to pass H. B. NO. 14-152 on First and Final Reading is as

follows:


Speaker Fitial: H. B. NO. 14-152 passes the House on First and Final Reading, 18-0.

Floor Leader Babauta: I now move to accept SEN. COMM. 14-64 and accept the Senate amendment

under H. B. NO. 14-97, HS1, SS1.


H. B. NO. 14-97, HS1, SS1: A BILL FOR AN ACT TO AMEND 3 CMC §§ 4303(M) AND 4312(I); AND

FOR OTHER PURPOSES.


The roll called on the motion to accept SEN. COMM. 14-64 and the Senate Amendment on

H. B. NO. 14-97, HS1, SS1 is as follows:

Rep. Martin B. Ada yes Rep. David M. Apatang yes Rep. Jesus T. Attao yes Rep. Oscar M. Babauta yes Rep. Joseph P. Deleon Guerrero yes Rep. Heinz S. Hofschneider yes Rep. Jesus SN. Lizama yes Rep. Janet U. Maratita yes Rep. Claudio K. Norita yes Rep. Crispin M. Ogo yes Rep. Arnold I. Palacios yes Mr. Speaker, before I cast my vote, I would like to get some clarification if I’m not in order, out of order, in reading this amendment, particularly on Page 1, Line 16, “shall not lose their immediate relative status upon reaching the age of 21 or thereafter.” I would like to point out that when I read this, what that means is, that over 300 individuals that fall into this category, can live here basically till they die under immediate relative status. How can you be almost

First Day

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definite as a dependent when your parents are dead and how can you be an immediate relative, immediate relative of who? I think that perhaps we need to consider revisiting this issue at a later date and amending this and putting a provision with regards to the immediate relatives of these individuals. I know that in the will to accommodate these individuals, we went ahead and came up with some compromise but I think that this compromise has to be clearly and closely define so that this is not almost like in perpetuity and they really don’t become immediate relative of anybody once their parents die. That’s all the comments, Mr. Speaker and with that I vote yes. Rep. Norman S. Palacios yes Rep. Justo S. Quitugua yes Rep. Benjamin B. Seman yes Rep. Ramon A. Tebuteb yes Rep. Timothy P. Villagomez yes Rep. Ray N. Yumul yes Rep. Benigno R. Fitial yes

Speaker Fitial: Senate amendments on H. B. NO. 14-97, HS1, SS1 are hereby accepted by the

House.

Floor Leader Babauta: So move, Mr. Speaker to accept Senate Amendment on H. B. NO. 14-112,

SS1.


H. B. NO. 14-112, HS1, SS1: A Bill for an Act to restrict the planting of trees and other such

vegetation below and around power lines and facilities; and for other purposes.


The roll called on the motion to accept Senate Amendment on H. B. NO. 14-112, HS1, SS1

is as follows:


Speaker Fitial: Senate Amendments on H. B. NO. 14-112, HS1, SS1 are hereby accepted 18-0.

May 21, 2004

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Floor Leader Babauta: So move on First and Final Reading H. B. NO. 14-177, CS1.


H. B. NO. 14-177, CS1: A Bill for an Act to appropriate One Million Four Hundred Thousand

Dollars ($1,400,000.00) of the bond interest proceeds from the CIP Bond authorized by Public Law

11-102 for the constructions of Dialysis Facilities and various Road Projects in the First and Second

Senatorial Districts in the CNMI; and for other purposes.

Speaker Fitial: Discussion. Representative Attao.

Rep. Attao: I have a written floor amendment to offer on H. B. NO. 14-177, CS1. On Page 1,

Section 2, Line 16(a) and 18 (c), strike out its entirety and insert 2(a), Oleai Elementary school; any

design and construction, $300,000.00, 18(c), Garapan Elementary School; any design and

construction, $300,000.00, change Section 2(b), from $500,000.00 to $400,00.00 and 2(d) from

$500,00.00 to $400,000.00. The expenditure authority for Section 2(a) and (c) shall be

Commissioner for Public School System. Thank you.


Speaker Fitial: Discussion on the proposed floor amendment offered by Representative Attao?

Several members voiced, “ready.”

Speaker Fitial: Ready? Roll call.

The roll called on the motion for the floor amendment proposed by Representative Attao on

H. B. NO. 14-177, HS1 is as follows:

Rep. Martin B. Ada yes Rep. David M. Apatang yes Rep. Jesus T. Attao yes Rep. Oscar M. Babauta no Rep. Joseph P. Deleon Guerrero yes Rep. Heinz S. Hofschneider yes Rep. Jesus SN. Lizama no Rep. Janet U. Maratita no Rep. Claudio K. Norita no Rep. Crispin M. Ogo no Rep. Arnold I. Palacios yes Rep. Norman S. Palacios no Rep. Justo S. Quitugua abstain Rep. Benjamin B. Seman yes Rep. Ramon A. Tebuteb yes Rep. Timothy P. Villagomez no Rep. Ray N. Yumul yes Rep. Benigno R. Fitial no

Speaker Fitial: The floor amendment offered by Representative Attao is passed on H. B. NO. 14-

177, HS1.

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The Chair recognized Representative Norman Palacios.

Rep. Norman Palacios: What was the vote again?

Speaker Fitial: It’s 9 voting “yes” 8 “no” and 1 “abstained.”

Floor Leader Babauta: There was a motion on the floor for the previous question.

Several members voiced, “ready.”

Speaker Fitial: We’re now voting on the previous question and that is to pass H. B. NO. 14-177,

CS1, HD1. Roll call.

The roll called on the motion to pass H. B. NO. 14-177, HS1 on First and Final Reading is as

follows:

Rep. Martin B. Ada yes Rep. David M. Apatang yes Rep. Jesus T. Attao yes Rep. Oscar M. Babauta yes Rep. Joseph P. Deleon Guerrero yes Rep. Heinz S. Hofschneider yes Rep. Jesus SN. Lizama yes Rep. Janet U. Maratita yes Rep. Claudio K. Norita no Rep. Crispin M. Ogo no Rep. Arnold I. Palacios yes Rep. Norman S. Palacios no Rep. Justo S. Quitugua yes Rep. Benjamin B. Seman yes Rep. Ramon A. Tebuteb yes Rep. Timothy P. Villagomez yes Rep. Ray N. Yumul yes Rep. Benigno R. Fitial no

Speaker Fitial: H. B. NO. 14-177, HS1, HD1 passes the House on First and Final Reading, 14-0.

MISCELLANEOUS BUSINESS

None

ANNOUNCEMENTS

None

I promised Representative Maratita that we’d be out of here before 12:00 so the House stands recess

until Tuesday at 10:00 a.m.

The House adjourned at 11:50 a.m.

May 21, 2004

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Respectfully submitted,

Victoria T. Guerrero, Journal Clerk

House of Representatives

APPEARANCE OF LOCAL BILLS

H. L. B. NO. 14-24: A LOCAL BILL FOR AN ACT TO APPROPRIATE $150,000.00 FROM COCKFIGHT,

BINGO AND BATU GAMING COLLECTION; AND FOR OTHER PURPOSES. [FIRST APPEARANCE]

H. L. B. NO. 14-21: A LOCAL BILL FOR AN ACT FOR THE THIRD SENATORIAL DISTRICT TO NAME

THE SUSUPE SOFTBALL FIELD AS THE “MIGUEL BASA PANGELINAN SOFTBALL FIELD” IN

RECOGNITION AND APPRECIATIO OF THE LATE MIGUEL B. PANGELINAN FOR HIS UNTIRING AND

OUTSTANDING CONTRIBUTIONS TO BASEBALL AND TO THE PEOPLE OF THE COMMONWEALTH OF

THE NORTHERN MARIANA ISLANDS. [SECOND APPEARANCE]

H. L. B. NO. 14-22: A LOCAL APPROPRIATION BILL FOR AN ACT TO APPROPRIATE FIVE HUNDRED

THOUSAND DOLLARS ($500,000.00) FOR THE FINA SISU SEWER SYSTEM PROJECT FROM SAIPAN

LOCAL LAW 11-2, AS AMENDED BY SAIPAN LOCAL LAW 13-8; AND FOR OTHER PURPOSES. [SECOND

APPEARANCE]

H. L. B. NO. 14-23: A LOCAL APPROPRIATIONS BILL FOR AN ACT TO APPROPRIATE $121,648.00

FROM THE LOCAL LICENSE FEES FOR PACHINKO SLOT MACHINES AND POKER MACHINES IN THE

FIRST SENATORIAL DISTRICT; AND FOR OTHER PURPOSES. [SECOND APPEARANCE]

H. L. B. NO. 14-20: A LOCAL BILL FOR AN ACT TO CREATE THE OFFICE OF THE ROTA MUNICIPAL

TREASURER WITHIN THE OFFICE OF THE ROTA RESIDENT DIRECTOR OF FINANCE; AND FOR OTHER

PURPOSES. [THIRD APPEARANCE]

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