THE SENATE • SEVENTEENTH LEGISLATURE • C NORTHERN...

Adopted on December 30, 2010

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

Senate Journal EIGHTH SPECIAL SESSION, 2010

SJ 17-13

First Day Thursday July 29, 2010

In compliance with the Open Government Act, Senate President Paul A. Manglona

issued a notice on July 26, 2010, announcing that the Senate of the Seventeenth Northern Marianas Commonwealth Legislature will convene this open and public session. The notice, the official session call, and the session agenda were filed in the Office of the Senate Clerk; released to the media; and posted at the Entrance Halls of the Office of the Governor, House of Representatives, and the Senate, and on the Commonwealth Legislature’s website at www.cnmileg.gov.mp.

The Senate of the Seventeenth Northern Marianas Commonwealth Legislature convened its First Day, Eighth Special Session, on July 29, 2010, at 4:09 p.m., at the Rota Court House, Rota, Commonwealth of the Northern Mariana Islands.

The Honorable Paul A. Manglona, President of the Senate, presided. A moment of silence was observed.

The Clerk called the roll and eight (8) members were present and one (1) member was absent.

President Paul A. Manglona

: Please let the record reflect that Senator Torres just recently arrived back on Saipan and could not join us for today’s session on Rota due to the flight situation for the funeral scheduled today, so he is excused. With Eight (8) members present and One (1) member being absent, we have the necessary quorum to conduct today’s session. Floor Leader the reading and approval of the Journal.

READING AND APPROVAL OF THE JOURNAL

1. SJ 17-08 – (Third Special Session – 05/12/10) - Adopted 2. SJ 17-09 – (Fourth Special Session – 06/16/10)- Adopted

Floor Leader Pete P. Reyes

: Thank you Mr. President. I move for the adoption of Senate Journal No. 17-08 and 17-09.

Vice President Jude U. Hofschneider seconded.

First Day, Eighth Special Session, July 29, 2010 SJ 17-13

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: Is there any discussion? If there is none, we are voting on Senate Journal No. 17-08, Third Special Session on May 12, 2010 and Senate Journal No. 17-09, Fourth Special Session on June 16, 2010. Those in favor say “aye”.

Several members voiced, “aye”.


: All opposed say, “nay”.

The motion was carried by voice vote. President Paul A. Manglona

: Messages from the Governor, Senate Clerk?

MESSAGES FROM THE GOVERNOR

1. Gov. Msg. No. 17-166: June 28, 2010 – Certification for annual salary in excess of

$50,000 for Mr. Russell H. Lorfing, Assistant Attorney General at AG’s Office. 2. Gov. Msg. No. 17-167: June 28, 2010 – Certification for annual salary in excess of

$50,000 for Mr. James W. Taylor, Assistant Attorney General at AG’s Office. 3. Gov. Msg. No. 17-168: June 28, 2010 – Certification for annual salary in excess of

$50,000 for Mr. James T. Mitchell, Assistant Attorney General at AG’s Office. 4. Gov. Msg. No. 17-169: June 28, 2010 – Certification for annual salary in excess of

$50,000 for Dr. Stravino at CHC. 5. Gov. Msg. No. 17-170: June 28, 2010 – Resume, Statement of Financial Interest, Drug

Test Results and Police Clearance for Mr. Jesus M. Elameto to serve as a member of the Civil Service Commission.

6. Gov. Msg. No. 17-171: June 30, 2010 – Signed into law H.B. No. 17-78, HD1, SS1,

entitled, “To amend Section 3 of PL 16-7 and for other purposes,” became PUBLIC LAW NO. 17-7.

7. Gov. Msg. No. 17-172: June 29, 2010 – Certification for vacant positions for

Respiratory Therapist, Medical Referral Assistant and Associate Director of Nursing at DPH.

8. Gov. Msg. No. 17-173: June 29, 2010 – Certification for annual salary in excess of

$50,000 for Dr. Jennifer Albers-Linden and Dr. J. Grant at CHC. 9. Gov. Msg. No. 17-174: June 29, 2010 – Executive Order No. 2010-07 – Relative to

designating the Criminal Justice Planning Agency as the State Compliance Monitoring Authority for the Juvenile Justice and Delinquency Prevention Act.

10. Gov. Msg. No. 17-175: July 02, 2010 – Certification for vacant positions for Chief

Prosecutor and Assistant AG at the AG’s Office.


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11. Gov. Msg. No. 17-176: July 02, 2010 – Certification for annual salary in excess of

$50,000 for Dr. Trenton Scheibe at CHC.

12. Gov. Msg. No. 17-177: July 02, 2010 – Certification for vacant position for Physician at CHC.

13. Gov. Msg. No. 17-178: July 02, 2010 – Certification for vacant position for

Substance Abuse Prof Intern at CGC, DPH.

14. Gov. Msg. No. 17-179: July 02, 2010 – Certification for vacant positions for Correction Officers, Administrative Officer, General Maintenance, Electronics Technician, and Computer System Administrator at Dept. of Corrections.

15. Gov. Msg. No. 17-180: July 06, 2010 – Signed into law H.B. no. 17-62, SD1,

entitled, “To reprogram one million dollars ($1,000,000.00) from appropriations under section 2 (b) of PL 13-56 for the renovation and rehabilitation of abandoned municipal buildings; and for other purposes,” became PUBLIC LAW NO. 17-8.

16. Gov. Msg. No. 17-181: July 07, 2010 – Signed into law H.B. no. 17-88, SD1,

entitled, “To amend PL 16-21 Section 2(c),” became PUBLIC LAW NO. 17-9.

17. Gov. Msg. No. 17-182: July 06, 2010 – Reinstatement of Mr. Ambrosio T. Ogumoro as Deputy Commissioner of DPS.

18. Gov. Msg. No. 17-183: June 17, 2010 –Signed into law House Local Bill 17-12, D1,

entitled, “ To re-appropriate funds from Rota Local Law 15-4 and Rota Local Law 15-6; and for other purposes.” became ROTA LOCAL LAW NO. 17-5.

19. Gov. Msg. No. 17-184: July 12, 2010 – Resume, Statement of Financial Interest,

Police Clearance and Drug Test Results for Mr. Barrie C. Toves to serve as a member of the Commonwealth Ports Authority representing Rota.


$50,000 for Mr. Michael L. Ernest at AG’s Office.

21. Gov. Msg. No. 17-186: July 09, 2010 – Certification for vacant positions for Manager, Physical Therapy, at Dept. of Public Health.

22. Gov. Msg. No. 17-187: July 09, 2010 – Certification for vacant positions for

Licensed Practical Nurse, at Dept. of Public Health. 23. Gov. Msg. No. 17-188: July 09, 2010 – Certification for vacant positions for Nurse

Midwife, at Dept. of Public Health. 24. Gov. Msg. No. 17-189: July 09, 2010 – Certification for vacant positions for

Physician, at Dept. of Public Health.


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25. Gov. Msg. No. 17-190: July 09, 2010 – Certification for vacant positions for

Juvenile Corrections Worker and Bus Driver, at DCCA.

26. Gov. Msg. No. 17-191: July 09, 2010 – Certification for vacant positions for Managaha Ranger, at Dept. of Public Lands.


$50,000 for Dr. Brittany Nicole Johnston, Physician, at Commonwealth Health Center.

28. Gov. Msg. No. 17-193: July 06, 2010 – Declaration of a State of Emergency

regarding Medical Services on the island of Rota and Tinian. 29. Gov. Msg. No. 17-194: July 13, 2010 –Certification for annual salary in excess of

$50,000.00 for Mr. Benjamin K. Petersburg, Assistant Attorney General, AG’s Office.

30. Gov. Msg. No. 17-195: July 19, 2010 –Certification for vacant positions for two (2)

Juvenile Correction Worker, Division of Youth Services at DCCA.

31. Gov. Msg. No. 17-196: July 21, 2010 – Re-nominate Jerry Tan to serve as a member of the Marianas Visitors Authority Board of Directors.

32. Gov. Msg. No. 17-197: July 21, 2010 – Disapproval of H.B. 17-66, HD1, SD1

entitled, “To reform Commonwealth’s Election Statues to conform with federal requirements.”

33. Gov. Msg. No. 17-198: July 23, 2010 – Executive Order 2010-08 Declaration of A

State of Disaster Emergency: CUC Continuation # 24


: Is there any discussion?

The Chair recognizes Senator Juan M. Ayuyu. Senator Juan M. Ayuyu

: Thank you Mr. President. Actually, I am a little bit concern about the figures that the Governor is allowed to exceed the fifty thousand dollar salary cap. I am asking if it is possible to include the percentage on any request or solicitation concerning salary increases and whether it’s allowed that we exceed the cap and what is really the cap for that position. But allowing to exceed the fifty thousand dollar [inaudible]…… certification due to our current financial situation, where we allow to exceed the salary cap and to find what is actually the salary for these positions in the event it exceeds the fifty thousand dollar salary cap. [inaudible]

The Chair recognizes Senator Jude U. Hofschneider.


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Senator Jude U. Hofschneider

: If I may request from the Clerk that on the next Order of Business, if there is such request that it is indicated and maybe bracketed or something. I had the same situation a couple of years back [inaudible]….


: Thank you. Any other member, on Governor’s Messages?

The Chair recognizes Floor Leader Pete P. Reyes. Floor Leader Pete P. Reyes

: On Governor’s Communication No. 17-180, the one million dollars for renovation and rehabilitation of abandon municipal buildings, I just wanted to show my appreciation to the governor for signing that into law. That would eventually turn the course of government reliance on rental of office space but to get back to Senator Ayuyu’s comment, it is just alarming to see at a time when we are entertaining austerity legislations to see these request for increases on salary.


: Thank you Floor Leader.

The Chair recognizes Vice President Jude U. Hofschneider. Senator Jude U. Hofschneider

: Mr. President, going back to item number fifteen on the Governor’s Message, I would just like to also echo, similar to what Floor Leader Reyes is saying, appreciation on the Administration for signing off on the million dollars reappropriation for the renovation of some office buildings on the island of Tinian and also the Medical Referral offices here on Saipan. This will also contribute to the reduction of cost by way of availing to the government buildings and rental and stuff. I just wanted to go on record in regards to that. Thank you.


: Mr. President, I just wanted to clarify that issue a little bit. I understand there is a legitimate reason for asking certain provisions to exceed the salary cap. It is just that there is so many of them that sometimes we wonder if they are all justified. That is all. Thank you.

President Paul A. Manglona: Thank you Floor Leader. I would just like to comment on Governors Communication No. 17-197, item 32, and this is with regards to the disapproval of House Bill No. 17-66, HD1, SD1, the election law that was disapproved by the Governor on July 21, 2010. I just want the members to know that basically the objection by the Attorney General who I believe are the ones that recommended to the Governor to veto this. I ask the members to look at this legislation because we do need to pass some kind of legislation soon by early next month. We should be working with the Board of Election and the Attorney Generals Office whether we should reintroduce another bill or come to a compromise on the reason why the bill was vetoed. But let me just briefly point out that the only disagreement is with early voting. I know that we discussed that at length in many of our discussions with the Board of Election. The Board of Election agreed with the position taken by the Senate and the House, but the Attorney General or the Legal Counsel that strongly oposses it. As you know, in the days coming to the election, they have this absentee ballot envelope that they give to just about anyone that comes and requests to vote early because they have


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for some reason to leave the island before the election. What the Senate version does is require that ten days before the election they go to a polling place such as the Police Station then they are allowed to vote in secrecy rather than being given the absentee ballot where they can just go anywhere. Now with the new law you don’t have to notarize it just mail it. So I think that the requirement on the Senate’s version is safe guarding the secrecy of the ballot and to require that those leaving early go to a place where no one has access or will see how they vote. So really it doesn’t make sense what the Legal Counsel is proposing but I will be calling them next week to discuss this. I just took the time to explain this today because we really do need to come up and address House Bill No. 17-66. Is there any other member? Chairwoman Taimanao. Senator Jovita M. Taimanao

: Thank you Mr. President. I just like to comment on this Governors Communication No. 17-193, in reference on the Declaration of a State of Emergency regarding Medical Referral that there where two actions that where pointed out as necessary to assist on the problems. However, up to date we have not heard anything, or have any action on this. I just would like to comment that the Declaration is there. However, I would like to follow up to whether there are actions taken in reference of the Declaration of Emergency? And another comment that I see on Governors Message No. 17-195, where there is certification on two vacant positions for the Juvenile Correction Worker. This is very good in essence that the DYS services are needed. However, I would like to see if there is a time line on this as we know we are approaching the Austerity Bill and it is best to proceed with the hiring because this is really important for the juvenile. Those are just the two that I comment for now and I thank the Governor and the Administration in assisting on this urgent issues. Thank you.


: Thank you Senator Taimanao.

The Chair recognizes Senator Francisco Q. Cruz. Senator Francisco Q. Cruz

: Thank you Mr. President. I would like to comment on Governors Message No. 17-180, in regards to the programming of one million dollars that was appropriated for the renovation and rehabilitation of abandoned municipal buildings and other purposes. I just want to ask the due process on this matter whether this one million will remain at the control of the CNMI Secretary or will it be transferred to the Municipal Government? I understand at this time the funding remains unavailable. I just want to ask what is the due process on this matter.


: Short recess.

The Senate recessed at 4:22 p.m.

And

The Senate reconvened at 4:28 p.m.


: We are back to our plenary session after a brief recess. We are still under Governors Communication.

The Chair recognizes Vice President Jude U. Hofschneider.


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Vice President Jude U. Hofschneider

: Thank you Mr. President. I just want to reflect on Governors Communication No. 17-198, because majority of the Emergency Declaration is pointing at the Legislature for our lack of legislative action. Especially on the hiring of professional services, non-resident professional services, I guess they are in need and they have been requesting for us to lift that moratorium on them. That is something that maybe we can look, maybe not now, but we can look at the conclusion. I am going to read it out. There is no legislative relief coming for months usually we have repeatedly asked the Legislature for such relief including submission of draft legislation in July. The Legislature has declined to respond, and so forth. Maybe this is something that we can look into so that they can operate as a regular Government Agency instead of a monthly Declaration of Emergency for CUC. Thank you Mr. President.


: So can we ask the Chairman of PUTC to look into this because every month we have a Declaration of Emergency and we need to look at the issues being cited and work with our Legal Counsel, the Commonwealth Utilities Corporation (CUC) and even with the Committee on Public Utilities, Transportation and Communication (PUTC). As we know, the Chairwoman is here with us and this is something that we need to address. I know that the House has also passed a bill on the definition of an austerity and of an emergency, and we need to move fast and address this issue with the Chair.


: Mr. President, I believe too there is a total of almost ten million dollars over the last three months that CUC has funneled over, by way of stipulated order, and also the four million dollars that we recently appropriated. It is quite a substantial amount of money. Thank you.


: Just to comment on the Governors Communication No. 17-198. For the past few months we have been meeting with CUC and just to clarify that they never requested any legislative action prior to June. We have been calling meetings and we even offered them to come up and give us something to alleviate their problem but they never came up and request for that. Those are bad excuses. For me it’s a bad excuse because we have been calling them, meeting with the Executive Director, the Acting Executive Director, the Financial Officer and never in time did they raise any matter to address their concerns. For that fact, I even asked does it require the Governor to declare a State of Emergency for non-payment of CUC billings. Those are the things that I wanted also to ask our Legal Counsel. When the Governor declares a State of Emergency, can you pull any resources that are available under the constitution? I believe that even the U.S. Congress needs to appropriate funding even if the President declares a state of emergency. We want to know if those are allowable under the constitution and if possible Mr. Meyer, please help us on that because we want to make sure that our resources is not being pulled left and right.


: Thank you Chairman Ayuyu.

The Chair recognizes Floor Leader Pete P. Reyes.


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: Mr. President, I would just like to comment on two messages from the Governor, Governor’s Messages No. 17-197 and 17-198. Let me start with Governor’s Message No. 17-198. I believe that the leaders of both Houses, the House and the Senate, have met periodically with CUC, especially the time when these crises are being experienced and we respond to assist them. I remember when you were off island Mr. President, I participated on the committee meetings and we raised this up. We passed bills that they feel are critical and helpful to address the problems. I think that the issue here is to try and apply pressure to the members of the Legislature to approve the hiring of non-resident workers off-island or on island. Mr. President, I am a very strong supporter of the hiring of residents. We need to send a message that we want to ensure to first hire as many locals as they can and they understand that, before we support any legislation that will allow them to hire nonresident workers. That is the law, but I think that in the media and the releases that we see, they are frequently blaming the legislature for inaction of legislation. This is really not true. If they need something, they call the legislature and we go there and attend meetings. I think with the exception to that kind of statement, legislation that would hire nonresident workers, that is the only thing that we don’t see eye to eye with the administration and CUC. On Governor’s Communication No. 17-197, I want to again reiterate the President’s call that this is an important legislation. This coming November, if we don’t have the legislation approve, we are going to find ways to finance the election. This legislation will help us find a grant from the Federal Government to run the election this coming November. If we don’t support this and we don’t have this legislation in place, then we will be scrambling again addressing this serious problem. In Governor’s Communication No. 17-197, with respect to House Bill No. 17-66, HD1, SD1, they focus on one item and that item is that on the day of the election alcohol is not for sale. Also, we give them a window of eleven days for early election, then what happens to the ten days? I know that the governor signed this but the governor relied only on the legal advice of the Attorney General. In my opinion, this is very juvenile because the lack of their work to use this as an excuse not to sign the election legislation. So what if we have eleven days? We have several people walking into the election to vote. So what if we don’t restrict the sale of alcohol? The other thing is the issue of campaigning during election. We have an election law that makes it illegal to campaign on the day of election and this is another concern. Why? What happens to the ten days out of the eleven days? This is really nitpicking. It is a good bill. I don’t think that there is a major disaster to be concern with the ten days of the sale of alcohol. I think that the jest of an election is done on the day of the election and not before the election. So what happens to all these absentee ballots and stuff like that? Why do we continue to serve alcohol during early election and then restrict on the day of the election? I don’t know what the sentiments of the members are. I would like to ask that the Senate deal with this by overriding this veto. Thank you.


: Thank you Floor Leader. Next week, we will be meeting with the Director and the Legal Counsel. If we get this resolved, we could possibly take out the idea of an override and instead find middle ground. Is there any other comment?

The Chair recognizes Senator Luis P. Crisostimo. Senator Luis P. Crisostimo: Thank you Mr. President and members. Two items on Governors Communication No. 17-197. I know that this legislation is important for us. If it is the alcohol that they are concerned about, in the State of Union there are only four state that does not sale alcohol in the whole fifty states and its territory. And I have legislation in works to amend the law so that we can sale alcohol in the Mariana Islands on election day. You can buy alcohol one day before election day and consume it on election day. Why penalize the visiting tourist? Why penalized visitors


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coming to the islands? Like for example Rota and Tinian they rely heavily on leisure, like casino. We cannot tell them that oh, sorry you can only buy in the casino or in the airport. We have to go out to and help our local businesses. We have to help the community and make the economy a driving force and the back bone to bring us to needed revenue to fill the Government. I urge all members to join us in this meeting so that we can expedite and hopefully send a new version that would be acceptable to both the Election Commission and is suitable for us to get help in funding the election. Thank you. President Paul A. Manglona

: Thank you Senator Crisostimo. If there is no more discussion on the Governors Messages, Clerk, Communication from the Judiciary?

COMMUNICATIONS FROM THE JUDICIARY:

1. Jud. Comm. No. 17-07: July 01, 2010 – Proposed NMI Rules of Administrative Procedure. (60 DAYS DEADLINE)

2. Jud. Comm. No. 17-08: May 28, 2010 – Certification for vacant position of Law

Clerk in the Superior Court.

3. Jud. Comm. No. 17-09: May 28, 2010 – Certification for vacant position of Law Clerk in the Superior Court.

4. Jud. Comm. No. 17-10: June 01, 2010 – Certification for annual salary increase of

$51,300.00 for Michael P. Wilt to assist the Chambers of Association Judge Perry B. Inos.

5. Jud. Comm. No. 17-11: July 22, 2010 – Centralization of Administrative Hearing

Offices to Administrative Court.


: Is there any discussion? If none, from the heads of Executive Departments Communication?

COMMUNICATIONS FROM HEADS OF EXECUTIVE DEPARTMENTS:

NONE President Paul A. Manglona

: Communications from the House?

COMMUNICATIONS FROM THE HOUSE:


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1. Hse. Comm. No. 17-41: July 1, 2010 – Transmitting a certified copy of HR 17-14 – Urging the Governor to immediately process and distribute rebate and refund checks to taxpayers.

2. Hse. Comm. No. 17-42: July 1, 2010 – Transmitting a certified copy of HR 17-15 –

Nightingale Reed-Warbler.

3. Hse. Comm. No. 17-43: June 29, 2010 – Transmitting for Senate action H.B. No. 17-1, entitled, “To repeal 8 CMC §§ 1723 and 1741 thru 1744 and to require the transfer of pertinent documents from the Clerk of Court’s Office to the Health & Vital Statistics Office.”

4. Hse. Comm. No. 17-44: June 29, 2010 – Acceptance of Senate action on H.B. No.

17-78, HD1, SS1, entitled, “To amend Section 3 of PL 16-7.”

5. Hse. Comm. No. 17-45: July 23, 2010 –Transmitting for Senate action H.J.R. 17-5, entitled, “A House Joint Resolution to authorize the Commonwealth of the Northern Mariana Islands, through its Governor, to submit to the U.S. Department of Housing and Urban Development, the Action Plan for the Community Development Block Grant Application No. B-10-ST69-0001; the HOME Investment Partnership Grant Application No. M-10-ST69-0203; and, the Emergency Shelter Grant Application No. S-10-DC69-0001; to receive the funds requested therein, and to assume all responsibilities that may be imposed by the U.S. Department of Housing and Urban Community Development Block Grant, HOME Investment Partnership Program, and the Emergency Shelter Grant Programs.”

6. Hse. Comm. No. 17-46: July 23, 2010 – Transmitting for Senate action H.B. 17-32,

HD1, entitled, “ To amend 4 CMC § 8182 to avail NMC CREES of the special water rates established for farmers and ranchers; and for other purposes.”


entitled, “ To amend 4 CMC § 5611 (d) to establish a revolving fund to pay for the National Association of Insurance Commissioners annual membership dues; and for other purposes.”


HD1, entitled, “To establish a Northern Marianas Descent Registry within the Office of the Commonwealth Election Commission.


entitled, “To reprogram $818,965.83 from appropriations under section 5 (c) (3) of Public Law 11-119 for the construction of the Kagman Wastewater Treatment Plant, collection and transmission system; and for other purposes.”

10. Hse. Comm. No. 17-50: July 23, 2010 – Transmitting for Senate action H.L.I. 17-1,

HS1, entitled, “To add a new Section 10 to Article X of the Constitution of the Commonwealth of the Northern Mariana Islands to authorize the Commonwealth to issue pension obligation bonds and for other purposes.”


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11. Hse. Comm. No. 17-51: July 23, 2010 – Transmitting without amendments S.B. 16-

22, entitled, “To designate public land on the island of Tinian for homesteading purposes.”

12. Hse. Comm. No. 17-52: July 23, 2010 – Transmitting of S.C.R. 17-24, informing the

Senate on the Filing of S.B. 17-23, SD1, entitled, “To amend Subsection (c) of Section 8143 of Title 4 of the Commonwealth Code; and for other purposes.”


HD1, entitled, “To amend 8 CMC Section 1331 (g) and to repeal and re-enact 8 CMC Section 1332 pertaining to divorce or dissolution of marriages; and for other purposes.


entitled, “To amend 145 NMIAC § 145-20.4-115 regarding the Homestead Permit Process; and for other purposes.”


entitled, “To restore the Commonwealth Utilities Corporation’s procurement authority to give the CUC the flexibility needed to partner with the private sector to provide reliable service at efficient rates; and for other purposes.”


: Thank you. Mr. President, in observance of the Open Government Act, I would like to make a motion to amend the Order of Business, if there is no objection.

Several members voiced no objection Floor Leader Pete P. Reyes

: We are going to vote on the motion by voice vote on this. Maybe we can do a roll call.


: By the recommendation of the Floor Leader, can I get a motion to amend our agenda today so that there can be placement of bills transmitted to the Senate from the House of Representatives? I believe this is necessary because of the Open Government Act. Can I get a motion?


: So moved, Mr. President.


: Is there any discussion? Senate Clerk, roll call please.

The Clerk called the roll on the motion to amend the Order of Business.

Senator Juan M. Ayuyu yes

Senator Luis P. Crisostimo yes


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Senator Francisco Q. Cruz yes Senator Jude U. Hofschneider yes

Senator Pete P. Reyes yes Senator Henry H. San Nicolas yes Senator Jovita M. Taimanao yes Senator Ralph DLG. Torres absent

Senate President Paul A. Manglona yes President Paul A. Manglona

: By a vote of 8-0, the motion to amend the Order of Business passes.


: Mr. President, I now move for the inclusion of the following resolutions on today’s calendar for action: Senate Resolution No. 17-21, reference to Mr. David Q. Maratita’s passing, Senate Commemorative Resolution No. 17-4, with respect to Marine Corps Corporal Dave Santos, House Joint Resolution No. 17-05, authorizing the Commonwealth of the Northern Mariana Islands, through its Governor to submit to the U.S. Department of Housing and Urban Development, the Action Plan for the Community Development Block Grant Application No. B-10-ST69-0001; the HOME Investment Partnership Grant Application No. M-10-ST69-0203; and, the Emergency Shelter Grant Application No. S-10-DC69-0001; to receive the funds requested therein, and to assume all responsibilities that may be imposed by the U.S. Department of Housing and Urban Community Development Block Grant, HOME Investment Partnership Program, and the Emergency Shelter Grant Programs. At the same time, I also move for the inclusion of House Bill No. 17-69, HD1, in reference to House Communication No. 17-53, Senate Bill No. 17-34, Senate Bill No. 17-35, and Senate Bill No. 17-36 on today’s calendar for action, so moved.


: The motion is for the placement of Senate Resolution No. 17-21, Senate Commemorative Resolution No. 17-04, and House Joint Resolution No. 17-05 on our resolution calendar. On our Final Reading Calendar, the placement of House Bill No. 17-69, and Senate Bill No. 17-34, Senate Bill No. 17-35 and Senate Bill No. 17-36. Is there any discussion? Senate Clerk, roll call please.

The Clerk called the roll on the motion for placement of Senate Resolution No. 17-21, Senate Commemorative Resolution No. 17-04, and House Joint Resolution No. 17-05 on the Resolution Calendar and House Bill No. 17-69, and Senate Bill No. 17-34, Senate Bill No. 17-35 and Senate Bill No. 17-36, on the Final Reading Calendar.

Senator Juan M. Ayuyu yes Senator Luis P. Crisostimo yes Senator Francisco Q. Cruz yes Senator Jude U. Hofschneider yes

Senator Pete P. Reyes yes Senator Henry H. San Nicolas yes Senator Jovita M. Taimanao yes Senator Ralph DLG. Torres absent

Senate President Paul A. Manglona yes


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: By a vote of 8-0, the set legislation is hereby place on our Resolution Calendar and our Final Reading Calendar. Any other discussion under House Communication from the members?

Several members voiced, “ready” President Paul A. Manglona

: Communication from the Washington Delegate? Clerk?

COMMUNICATIONS FROM THE WASHINGTON DELEGATE:

1. Wash. Del. Comm. No. 17-10: June 21, 2010 – Update on the status of H.R. 934 – Three miles of submerged lands around Northern Mariana Islands.

2. Wash. Del. Comm. No. 17-11: June 16, 2010 – Weatherization Assistance

Program for the CNMI.

3. Wash. Del. Comm. No. 17-12: June 17, 2010 – H.R. 3511 Marianas Trench Visitor Center in the Northern Mariana Islands.

4. Wash. Del. Comm. No. 17-13: June 15, 2010 – FY 2010 State and Tribal

Assistance Grants (STAG) for wastewater and drinking water projects for the CNMI.


: Is there any discussion? If none, Unfinished Business?

UNFINISHED BUSINESS: NONE

PRE-FILED BILLS AND RESOLUTIONS

RESOLUTIONS:

1. Senate Commemorative Resolution No. 17-04: To honor the memory of United

States Marine Corps Corporal Dave Michael Maliksi Santos, of Rota. (SEN. PAUL A. MANGLONA AND ALL MEMBERS – 07/21/10)

INTRODUCTION OF BILLS AND RESOLUTIONS

BILLS:


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(Amended by unanimous vote to amend the Order of Business to include below)

1. Senate Bill 17-34: To amend 1 CMC § 8358 to allow the NMI Retirement Fund Board to vote to provide a non-compounding annual retirement bonus in lieu of a cost of living increase to help provide for the fiscal solvency of the Northern Mariana Islands Retirement Fund; and for other purposes.

2. Senate Bill 17-35: To amend 1 CMC §8357 to transfer the function of special

benefits for Governor and Lieutenant Governor payments from the Northern Mariana Island Retirement Fund to the Department of Finance; and for other purposes.

3. Senate Bill 17-36: To repeal and reenact 1 CMC §8313(g) to define “child” to include adopted children for retirement benefits; and for other purposes.

RESOLUTIONS:


1. Senate Resolution 17-21: Commemorating the remarkable life of patriotism, dedication, and compassion led by David Quichocho Maratita

REPORTS OF STANDING COMMITTEES

NONE

REPORTS OF SPECIAL AND CONFERENCE COMMIITTEES

2. Conference Committee Report No. 17-01: July 06, 2010 – Reporting on House Bill No. 17-45, HD6, SS1, SD1, entitled, “To implement unpaid legal holidays for the remaining FY 2010; to impose revenue generating measures; and for other purposes.”



: Mr. President, may I make a comment on this? If I may Chairwoman?

Senator Jovita M. Taimanao

: Go ahead.


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: Speaking on behalf of the Chair, Senator Taimanao, everyone knows that House Bill No. 17-45 has been on the discussion table over the last couple of weeks. This is in reference to the cost cutting measure that we have been trying to address from both Houses because of some adjustments and technicalities in trying to work with the Administration as to what best fits to the Government right now in its current form stated in the legislation. There’s a continuation Mr. President, if I may. Your Conference Committee Appointments is continuing on with the meeting again on Monday nine o’clock at the Senate Chamber. I just wanted to properly report to the members of the Senate that this particular bill is still being worked on and that hopefully will come to a final resolution for the disposition of such legislation. Thank you.


: Thank you Vice President Hofschneider. I guess the continuation is at Monday, 9:00 a.m. Right now we are under Public Comments section of our Order of Business. Is there anyone in the gallery that wishes to comment so far on our agenda, or on any matters before the Senate? Let the record reflect that there is no one from the gallery that wishes to comment. Under Resolution Calendar, Floor Leader?

PUBLIC COMMENT

NONE

RESOLUTION CALENDAR

1. House Joint Resolution 17-5: A House Joint Resolution to authorize the

Commonwealth of the Northern Mariana Islands, through its Governor, to submit to the U.S. Department of Housing and Urban Development, the Action Plan for the Community Development Block Grant Application No. B-10-ST69-0001; the HOME Investment Partnership Grant Application No. M-10-ST69-0203; and, the Emergency Shelter Grant Application No. S-10-DC69-0001; to receive the funds requested therein, and to assume all responsibilities that may be imposed by the U.S. Department of Housing and Urban Community Development Block Grant, HOME Investment Partnership Program, and the Emergency Shelter Grant Programs.


2 Senate Commemorative Resolution 17-04: To honor the memory of United

States Marine Corps Corporal Dave Michael Maliksi Santos, of Rota

3. Senate Resolution 17-21: Commemorating the remarkable life of patriotism, dedication, and compassion led by David Quichocho Maratita


: Mr. President, I move for the adoption of Senate Resolution No. 17-21, reference to Mr. David Q. Maratita.

Seconded by Senator Luis P. Crisostimo.


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: Is there any discussion? Just to inform our members, does anyone know about the funeral?


: Yes, Thank you. The funeral for the late David Maratita is going to be on Saturday. I believe there is a presentation that will be accorded before the religious ceremony at around nine o’clock. The Tinian Delegation, as well as the Senate, adopted a Resolution in honor of the late Mr. Maratita. I am asking everyone to attend this Saturday. If there are any changes I will let you guys know.


: Thank you Vice President Hofschneider. Is there any further discussion on the Resolution honoring the late David Quichocho Maratita?

The Chair recognizes Senator Luis P. Crisostimo. Senator Luis P. Crisostimo

: Mr. President and members, I want to commend my late Uncle David Q. Maratita. He served the Government until the last day of his life and that showed his dedication. I want to be on record to commend him and all the family who supported him including the Municipal of Tinian to be their treasurer. In most cases when the casino started on Tinian he was working more than eight hours a day to keep the industry going. I ask the members and our friends to join the Tinian Delegation in his funeral ceremony.

The Chair recognizes Senator Jovita M. Taimanao. Senator Jovita M. Taimanao

: Thank you Mr. President. Just to add on and echo what Senator Crisostimo had shared about the late David Q. Maratita. I want to point out that he is also a native son of Rota and that the people of Rota are also proud of all the good deeds and recognitions that he had accomplished throughout his life. I would also like to commend on the successes that he had as one big success symbol for the island of Rota and together with the island of Tinian. Thank you.


: Thank you. I just want to add also that Mr. Maratita actually served in the First Mariana Island District Legislature as pointed out here in the resolution. Back in 1965, he represented the island of Rota, and in 1976 he was a delegate to the First Constitutional Convention. Again, representing the island of Rota, one of his greatest accomplishments I believe was actually obtaining a Bachelors of Science back in 1958. As you know, we didn’t have a lot of students back then, leaving the islands to go to school. It was very difficult to leave the island back then. Not many had that opportunity; I know no more than ten people from the island of Rota that actually left the island and obtained their bachelors degrees back then. This shows you the type of person that Dave Q. Maratita is and I encourage the members to have time this Saturday to join us on Tinian, as we will be presenting a resolution to the family. With that, is there any further discussion? Those in favor of Senate Resolution No. 17-21, please say “aye”




The motion was carried by voice vote.


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: Mr. President, I move for the adoption of Senate Commemorative Resolution No. 17-04, with respect to Corporal Dave Santos.


: Is there any discussion? I want to mention that I just want to thank the members today. I know our Floor Leader just came back from the states and just got in this morning and is now able to join us. This morning was a very beautiful ceremony in that the military and the people of Rota actually came to honor a fallen hero Dave Michael Miliksi Santos and the Senator was there to present the Resolution. I thank the members for their presence. David actually is the first cousin of Joe Charfarous Jr. who passed away also a few years back was killed in Iraq so for the family it is very difficult and as well as for the people of Rota and the entire Commonwealth. I know that we presented the Commemorative Resolution and because this is the first session after the funeral. We are hereby entertaining Commemorative Resolution No. 17-04, is there any other member that would like to comment?


: Thank you Mr. President. Again, I just want to thank also the members of the Senate and also the staff for being here to attend the funeral for Corporal Dave Santos This is not the first time the CNMI experienced this type of situation and we should be together at any time to support the family and the entire Commonwealth in event of this type of situation. Thank you again.

The Chair recognizes Senator Jovita M. Taimanao. Senator Jovita M. Taimanao

: Un dánkolo na si Yu’us ma’ase para todu i man ga’chong guini gi leyeslatura senadót yan i House lokkue’ na man matto magi para ta daña’hi i familia. Dankolo este na rekognasion parehu ha hayi na patgonta or sino taotaota guini gi CNMI i diseha na ta tattiyi mo’na maseha manu na isla. So again, on behalf of the Legislature I would like to acknowledge and appreciate all of you the colleagues from the Senate and also the House, together is that we share this morning the family of the late brave solider who passed away, Dave Michael was really one that I know the family will never forget. So we thank you all for your support colleagues. Si Yu’us Ma’ase.


: With that, we are now voting on Senate Commemorative Resolution No. 17-04. All those in favor say “aye”




The motion was carried by voice vote. The Chair recognizes Floor Leader Pete P. Reyes.

Floor Leader Pete P. Reyes: Thank you. Mr. President, I move for the adoption of House Joint Resolution No. 17-5.


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: Is there any discussion? Since this is a Joint Resolution and in support of the CDBG block grant, Senate Clerk, roll call please.

The Clerk called the roll on the motion to adopt House Joint Resolution No. 17-5.


Senator Pete P. Reyes yes Senator Henry H. San Nicolas yes Senator Jovita M. Taimanao yes Senator Ralph DLG. Torres Absent


: By a vote of 8-0, House Joint Resolution No. 17-5, passes the Senate. I believe that is all we have on our Resolution Calendar. Under bill calendar on Final Reading, Floor Leader?


: Mr. President and members, I move for the passage of House Bill No. 17-33, HD1.

Seconded by Senator Jude U. Hofschneider.


: Is there any discussion? Senator Juan M. Ayuyu is recognized.

Senator Juan M. Ayuyu

: Thank you again Mr. President. I just want to kindly ask my colleagues to support House Bill No. 17-33, HD1. I went over the bill and I believe this is very important for the municipality of Rota and I would like to ask for your support and lets us pass this bill so that our people in Rota will benefit from this bill. I understand that there is a lot of unemployment here and we don’t have much resources in terms of money and you are dependant on fishing in order to survive our economic hardship at this time.

The Chair recognizes Senator Jovita M. Taimanao. Senator Jovita M. Taimanao: Thank you Mr. President. Actually the bill that encompasses the bill, the bill that I introduce to the Senate Floor earlier that was passed by the Senate. It has a relevant language in allowing the people of Rota to use drag nets as one way to provide the lively hood of the people, especially like what Senator Ayuyu said those that are unemployed or those that are earning little that will not accommodate the needs of the family, or their necessity. As that bill passed the Senate it was sent to over to the House and I know that Representative Santos from Rota, the bill was filed in their Committee, the Natural Resources Committee in the House. Therefore she came about in introducing this bill, which I totally support in terms of allowing our people of Rota to use this net fishing. However the bill that I introduced, it was kind of very hard for me to say that the


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intention is just the same. It has the same intention however it was language in another way. I encourage my colleagues here to help support the bill for the betterment of our people here on Rota. My bill encompasses the whole CNMI which the committee had shared that the people in Saipan and the people in Tinian where not in support of my bill using drag nets to be legalized. So therefore the people of Rota really need this form of fishing so that it’s another way to help the livelihood of the people. Please do help us support this bill, thank you.


: Thank you Mr. President. Correction on that Senator Taimanao, any bill that is beneficial for Tinian, I will support. [inaudible]


: Thank again Mr. President. Just for the record, Senator Torres called me this morning to convey his support in regards to this bill. He is the Chairman for the Natural Resources Committee and he is in support of this bill for the interest of the people of Rota. Again please support this for me. Thank you.

The Chair recognizes Senator Jovita M. Taimanao.


: Thank you. Just point of clarification purposes here, the Committee Report that I am referring to is the Committee Report from Natural Resources at the House of Representatives as chaired by the Chairwoman from the House. Thank you.


: Thank you. If there is no further discussion, Senate Clerk, roll call please.

The Clerk called the roll on the motion to pass House Bill No. 17-33, HD1.




: By a vote of 8-0, House Bill No. 17-33, HD1, with regards to regulations not restricting the rights of persons engaged in non-commercial net-fishing provided that such right be restricted to non-commercial net-fishing for the purpose of obtaining fish for personal or immediate family consumption, passes the Senate on Final Reading.


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: Mr. President, I would like to make a motion to suspend all pertinent rules in order to allow us to pass bills that have not appeared first time on our calendar for Final Reading. If House Bill No. 17-33, HD1, did not appear last calendar, then I would like the members to consider this motion that I am making to also embrace House Bill No. 17-33, HD1.

Senator Juan M. Ayuyu seconded. President Paul A. Manglona

: Is there any discussion? Senate clerk, roll call please.

The Clerk called the roll on the motion to suspend all pertinent rules in order to place bills on Final Reading Calendar.




: By a vote of 8-0, motion to suspend pertinent rules, passes.

Floor Leader Pete P. Reyes is recognized.

FIRST READING

LEG. NO. TITLE

FINAL READING

LEG. NO. TITLE

H.B. No. 17-33, HD1 (Hse. Comm 17-28) PASSED

To amend Section 3 of PL 12-14, as it applies to the surrounding waters of the Municipality of Rota, to ensure that such regulations do not restrict the rights of persons engage in non-commercial net-fishing, provided that such right be restricted to non-commercial net-fishing for the purpose of obtaining fish for personal or immediate family consumption, to also ensure that the definition of “non-traditional fishing methods” is not misinterpreted to include non-commercial net-fishing.


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S.B. 17-29, SD1 To amend Section 4(c) (2) of Public Law 15-70, 1 CMC § 8343, 1 CMC § 8342 and for other purposes.

H.L.I. 17-01, HS1 PASSED

To add a new Section 10 to Article X of the Constitution of the Commonwealth of the Northern Mariana Islands to authorize the Commonwealth to issue pension obligation bonds and for other purposes.

S.B. 17-34, SD1 PASSED

To amend 1 CMC § 8358 to allow the NMI Retirement Fund Board to vote to provide a non-compounding annual retirement bonus in lieu of a cost of living increase to help provide for the fiscal solvency of the Northern Mariana Islands Retirement Fund; and for other purposes.

S.B. 17-35 PASSED

To amend 1 CMC §8357 to transfer the function of special benefits for Governor and Lieutenant Governor payments from the Northern Mariana Island Retirement Fund to the Department of Finance; and for other purposes.

S.B. 17-36, SD1 PASSED

To repeal and reenact 1 CMC §8313(g) to define “child” to include adopted children for retirement benefits; and for other purposes.

H.B. 17-69, HD1 (Hse. Comm 17-53) PASSED

To amend 8 CMC Section 1331 (g) and to repeal and re-enact 8 CMC Section 1332 pertaining to divorce or dissolution of marriages; and for other purposes.


: Thank you Mr. President. I move for the passage on Final Reading, House Legislative Initiative No. 17-01, HS1, in reference to the pension obligation bonds.

Senator Jude U. Hofschneider seconded. President Paul A. Manglona

: Okay, it has been moved and seconded for the passage of House Legislative Initiative No. 17-01, HS1, reference to House Communication No. 17-50, this is to authorize the Commonwealth to issue pension obligation bonds. Is there any discussion?

The Chair recognizes Floor Leader Pete P. Reyes.


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actions taken but what it does is that it provides the authority. It grants the authority so that it can be used when the need seriously arises. That is all.

: Thank you Mr. President. This doesn’t mean that the passage of this initiative would obligate the government to seek pension bonds. What it does is provide the authority so that in the event that the need arises to bail out the Retirement Fund, the authority is there and can be used. It is not placing the government in debt. It is not [inaudible]

The Chair recognizes Senator Luis P. Crisostimo.

Senator Luis P. Crisostimo

: Thank you members. I opposed the pension obligation bond in the past and the very reason is that sometimes we go into funding sources to cushion our Government, autonomous agencies to fund an unfunded liability. I think that it may not be the right time for the pension obligation bond for us to seek at this time but if this measure makes it to the ballot then I know we have number for this. I made my consideration down the line and I see that this can be a tool to help the Retirement Fund and if it is done right, negotiated and gets the best fund rating, or fund interest, then certainly we can help out the Retirement Fund. One day I'm sure the retirees and the members have pension coming their way for the duration of their age time or as they aged. The time that they need their pension is today will be hunted if we do not find sources to rebuild the fund. I am sure that the retirees will have nothing to look forward to. I urge not just the members but the board of trustees to assure whatever that they can get of the mind that would surely within our ability and within the CNMI Governments quest to have and preserve this one and very important agency. We are very unique because we owe the people that responsibility because we contribute to the Northern Mariana Retirement Fund. I hope that this legislation one day gives needed one financial cushion. Thank you.


: Is there any other member? Senator Ayuyu.


: Thank you Mr. President. I would like to ask the members their sentiments in regards to this bill. I know it is not the right time to [inaudible]……whoever but it’s a different situation for our retirement fund in the event that they need funds. So by [inaudible]I am putting this on the legislative initiative because of allowing the funding [inaudible] make sure the fund will never get [inaudible . the retirees and let us allow this mechanism that is proposed for us and if it happens and let it work and for the future.


: Thank you Senator Ayuyu. Vice President is recognized.


: In reference to this Legislative Initiative, I know that if you look at it on the surface it’s down time here in the CNMI. We question ourselves if we are really going to venture into a bond obligation at this magnitude. But considering the obligation of the CNMI Government, I believe that there is a section here that references the courts judgment and it is only proper that we start addressing these other issues. This is just one issue. I believe that we need to at least try and entertain other issues as well, and show that we are sincere with our efforts to help the Retirement Fund. If we don’t do our part, someone is going to force us to. I support this issue. Thank you.

President Paul A. Manglona: Thank you Vice President Hofschneider. We are still discussing House Legislative Initiative No.17-01, HS1. Is there any further discussion? If none, Senate Clerk, roll call please.


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The Clerk called the roll on the motion to pass House Legislative Initiative No.17-01, HS1.

Senator Juan M. Ayuyu yes Senator Luis P. Crisostimo yes, with reservations Senator Francisco Q. Cruz yes Senator Jude U. Hofschneider yes



: By a vote of 8-0, House Legislative Initiative No. 17-01, HS1, on the pension obligation bonds, passes the Senate.


: Thank you. Mr. President, I move for the adoption of House Joint Resolution No. 17-5.


: Floor Leader that was entertained under Resolution Calendar.


: I withdraw the motion. I move for the passage of House Bill No. 17-69, HD1, in reference to House Communication No. 17-53 with the subject of dissolution of marriages. I so move for the passage.

Seconded by Senator Juan M. Ayuyu. President Paul A. Manglona

: Senate Clerk, roll call please.

The Clerk called the roll on the motion to pass House Bill No. 17-69, HD1.

Senator Juan M. Ayuyu yes Senator Luis P. Crisostimo yes, with reservation Senator Francisco Q. Cruz yes Senator Jude U. Hofschneider no

Senator Pete P. Reyes yes Senator Henry H. San Nicolas yes Senator Jovita M. Taimanao yes, with reservation Senator Ralph DLG. Torres Absent


: By a vote of 7-1, House Bill No. 17-69, HD1, passes the Senate on Final Reading, Floor Leader?


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: Thank you. Mr. President, I now move for the passage on Final Reading, Senate Bill No. 17-34, reference on the Retirement Fund.

Vice President Jude U. Hofschneider seconded. President Paul A. Manglona

: Is there any discussion? Senator Crisostimo is recognized.


: On discussion, colleagues I do want to remind you that this is one of the reforms of us to keep the retirement solvent. To make sure that the retirees [inaudible]


: Can we go into a short recess for the change of tape.

Seconded by Senator Jude U. Hofschneider.


And



: Let us resume our session. We are still under Final Reading Calendar and I believe Senator Crisostimo still has the floor, Senator Crisostimo.


: Thank you Mr. President and members. Impottante este na akto sa i retirement ha nisisita mas ayudu pot i man ma’malia siha na afekta i ritiráo. Ya ginen este siha ha na aktu este 17-34 siña a ayuda i ritiráo niturahu. Na siguru na siña ma risibi i yun-ñiha pension. Esta ki nu mas en ekstende para ta sugura i-yona na benefisiu na gaige enao ya metgot i fondo metgot i Retirement Funds. I do want to make an amendment on page 2 lines 5 right after the surviving spouse, strike out “shall” and insert “may”. And that is my amendment.

Seconded by Senator Jude U. Hofschneider. President Paul A. Manglona

: The motion is made and seconded, is there any discussion? Those in favor say “aye”.




The motion was carried by voice vote.

Senator Luis P. Crisostimo is recognized. Senator Luis P. Crisostimo: I’m ready.


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: Senate Clerk, we are voting on Senate Bill No. 17-34, as amended, roll call please.

The Clerk called the roll on the motion to pass Senate Bill No. 17-34, as amended.

Senator Juan M. Ayuyu yes Senator Luis P. Crisostimo yes,

Senator Francisco Q. Cruz yes Senator Jude U. Hofschneider yes

Senator Pete P. Reyes yes Senator Henry H. San Nicolas yes Senator Jovita M. Taimanao yes, Senator Ralph DLG. Torres Absent


: By a vote of 8-0, Senate Bill No. 17-34, as amended, passes the Senate on Final Reading, Floor Leader.


: Mr. President, I move for the passage of Senate Bill No. 17-35 on Final Reading.

Senator Jude U. Hofschneider seconded. President Paul A. Manglona

: Is there any discussion? Roll call please.

The Clerk called the roll on the motion to pass Senate Bill No. 17-35, on Final Reading.




: By a vote of 8-0, Senate Bill No. 17-35, passes the Senate on Final Reading, Floor Leader.


: Mr. President, I move for the passage of Senate Bill No. 17-36 on Final Reading.

Seconded by Senator Jude U. Hofschneider. President Paul A. Manglona: Is there any discussion? Senator Crisostimo is recognized.


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: I want to thank the members. This is the last piece of legislation from the Retirement. I do want to make an amendment on line 6, right after the word self support, add a new paragraph, the board may expand the definition of child by a vote of two thirds. Correction, the Fund may expand the definition of child by a vote of two thirds.


: Is there any discussion on the amendment?


: Thank you Mr. President. I just like to ask a question regarding this bill before its passes. What if a person for example is not married and is retired then got married to a person that has kids is this person not going to benefit from this bill? Or what if they adopted the children and he is already retired? What I am saying is if this bill is passed and a person is retired and is not married and then got married to a person who has kids, even though he adopts those kids and they become his kids, those kids will not be eligible under this his retirement benefits?

The Chair recognizes Senator Jude U. Hofschneider. Senator Jude U. Hofschneider

: Mr. President, may I request a short recess perhaps maybe you can ask the counsel from Retirement to just explain that part because I hear our Senator Cruz is concerned.


: Short recess for clarification by the Retirement Board Legal Counsel.


And



: We are back to our regular session. Senator Crisostimo still has the floor.


: Thank you. Again, the amendment will be on line 3, the Fund may expand the definition of child by a vote of two thirds of the board, or provided for exemptions on a case by case basis for those who’s lives circumstances changes those retirees.


: Is there any discussion? Senator Ayuyu is recognized.


: Yes, thank you Mr. President. I guess I would like to comment on this bill in regards to covering all the holes in the past. I believe it’s about time that we addressed all these holes. There are instances where retirees will take advantages of adopting a child on the last minute of their life. I know that it is like highway robbery and I think it’s about time that we act and we close these holes and I want to ask the members to please let’s come together again and start closing these holes. We don’t have funds to distribute to underserved individuals and I believe that this bill will address and cover those holes and I ask the members to support this.


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: Is there any other discussion? On the amendment, those in favor say “aye”.





: Senate clerk, on Senate Bill 17-36, as amended roll call please.

The Clerk called the roll on the motion to pass Senate Bill No. 17-36, as amended.




: By a vote of 8-0, Senate Bill 17-36, as amended, passes the Senate on Final Reading. That is all that we have under final reading. That brings us to petitions, memorials and miscellaneous communications, Senate Clerk?

PETITIONS, MEMORIALS AND MISCELLANEOUS COMMUNICATIONS:

1. Misc. Comm. No. 17-46: June 10, 2010 – APIL transmittal of adopted resolutions during the 29th

General Assembly. (See attached)

2. Misc. Comm. No. 17-47: June 30, 2010 – OPA reporting on the CNMI Agencies’ implementation of audit recommendations as of December 31, 2009.

3. Misc. Comm. No. 17-48: June 28, 2010 – PSS – Legislation re Teachers’

Representative to the State Board of Education.

4. Misc. Comm. No. 17-49: July 05, 2010 – Letter from Juan M. Sablan regarding the Federal Relations & Independent Agencies Public Hearings.

5. Misc. Comm. No. 17-50: July 07, 2010 – MOS- Comments on House Bill No. 17-

56.


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6. Misc. Comm. No. 17-51: July 14, 2010 – Memorandum from Chairman Ramon S. Basa and Chairwoman Jovita M. Taimanao recalling Conference Committee Report 17-01.

7. Misc. Comm. No. 17-52: July 16, 2010 – CDA – Rota International Airport

Terminal Projects. 8. Misc. Comm. No. 17-53: July 19, 2010 – Board of Parole – Exemption form H.B.

17-45 (Austerity)

9. Misc. Comm. No. 17-54: July 21, 2010 –Letter from Senator Francisco Q. Cruz regarding failure to confirm Governor’s appointees Mr. Jesus M. Elameto and Mr. Jose B. Aldan.

10. Misc. Comm. No. 17-55: July 21, 2010 – NMHC- Notice from U.S. Department of

Agriculture (USDA) Rural Development (RD) that the proposal to resolve the defaulted loans in the CNMI has been approved.

11. Misc. Comm. No. 17-56: July 15, 2010 – United States Department of Interior –

GDP Estimates for U.S. Territories and How They Can Become an Instrument of Economic Analysis and Programs and Policy Discussions for Territorial Leaders.

12. Misc. Comm. No. 17-57: July 26, 2010 – Letter from Lydia Camacho-Romisher –

Comments on House Bill 17-77. (AS AMENDED TO INCLUDE BELOW:) 13. Misc. Comm. No. 17-58

The Chair recognizes Vice President Jude U. Hofschneider. Vice President Jude U. Hofschneider

: Under Miscellaneous Communication No. 17-58, I think it is not on the agenda, but it’s in reference to the final environmental impact assessment for the military relocation to Guam. Apparently, the island of Tinian has been chosen for the proposed periodic training site. I want to ask if you allow me as the Chair for Federal Relations to call General Bice to come and advise and discuss in detail with the members within the next couple of weeks. I know that they are probably coming in next week for the Manhattan project symposium on Tinian. I just want to formally request that they as least come to the Senate. I think it is necessary that they explain really what is their final decision as far as the use for the island of Tinian because I also have a couple of questions in reference to air space area. Thank you.


: Thank you Vice President Hofschneider. Any other member on Petitions, Memorials and Miscellaneous Business?

The Chair recognizes Senator Luis P. Crisostimo.


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: I just want to report to this body that two days ago I met with the Deputy Secretary of Defense making the presentation at the University of Guam. Most of the discussion primarily focuses on the island of Guam. I do want to report that the military is spending a hundred million in port improvements of the Marines to facilitate for the Marine’s vessels and whatever calls for the Navy in Guam. They are spending over seven hundred in hire for roads, sewer, power and water. They are making a major, I would say in CIP, they are trying to facilitate one of the things that were asked the Deputy Secretary of Defense was how did this system actually is going on and how would they use that as a training site when it’s a very sensitive ancient Chamorro terminal with various articles. I think they are still having some environmental issue on the ordinance and are not being reported in the Commonwealth. In light of that, yesterday also I attended the viewing of the fallen marine corporal Dave Santos at the funeral home in the Sinajana and there are a lot of our people coming from Saipan and Rota and they don’t have the air transportation to accommodate all the relatives. I see a lot of them in the airport also in Guam, there are a lot of people that want to come to Rota. And I see the difficulty that Rota faces in terms of air services and even the port. I echo to the Department Defense to help us work in transitioning to give us an opportunity and facilitate for example Rota, to give us funding for war core for military the marines and even those vessels that are coming to our territorial waters today. They call the port of Rota and I ask the delegate to look into this. Mr. President and members, I was previewed to join Juan N. Babauta in D.C. and I found out that the State of Hawaii they subsidize flights from Hawaii to Samoa because it’s too expensive for Samoan to pay the fair back and forth. I guess the Federal Government can give us some of this funding including, I just want to add for example the Retirement there is money that we can tap in Congress. I urge our congressman to help us. I know he does not have and he got this year to work, and I hope that before the visas comes that he works forcibly and strongly to assure the island of Rota really gets the help they need. Kumu ti ta ayuda este i islata Luta este bai sangani hamyo mas mu makkat i familiata guini yan i famagu’onta man hita parehu ha an para un fahan hanom pat hafa na commodity goods ha factor este i fasilidát ya angen i federát mu ayuda hit in turn lokkue siña i taotao ta man produsi produce ya ta bendi tatte gi iyo-nia military build up ta na’i i consumer fresh local produce from our island of Rota, our island of Tinian and the island of Saipan. Si Yu’us Ma’ase.

MISCELLANEOUS BUSINESS


: Si Yu’us Ma’ase Senator Crisostimo. Under Miscellaneous Business?

The Chair recognizes Floor Leader Pete P. Reyes. Floor Leader Pete P. Reyes: Thank you Mr. President. Para bai hu comment ha dídide’ gi resolution Corporal David Santos. Malago’ yo' bai fan gagao dispensasion sa kalan atrasáo hami magi sa man ginen off-island ham pos in kontinua iyon-mami ride all the way from Japan pues Saipan pues magi Luta sa' hu diseha na siña hu gacha’ i presentation i resolution para si Corporal David Santos. Hu tungo' ha' na makkat este na pinadesi i para ta lose unu na taotao-ta, espesiatmente este i piligro gi bandan sindalu. Ya magahet na i korasόn-hu humahanao guatu gi familia yan en na'na’i sentimento ginen i asagua-hu yan i familian-mami para guatu gi familian Corporal Santos. Sen maolek sa' hu gacha' dídide’ i misa lao ti hu attende i entieru sa' pot guaha personal call ni hu nisisita bai hu atende. On behalf ni familian-mami [inaudible] Corporal Dave Santos. Si Yu’us Ma’ase.


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: Any other member under miscellaneous business? Senator Taimanao?


: Thank you Mr. President. I just would like to request if we could go back in the rear of business to discuss one of the House Communication No. 17-52.

Several members voiced no objection. Senator Jovita M. Taimanao

: With this bill I understand that the House and I thank all of you Senators, in terms of supporting this bill that I introduced to the floor way back in March 19, 2010. The intention of this bill is to assist our people of Rota and Tinian in terms of requesting to give seven days grace period in order for our people, our residence to come about in their funding in order that their utility billing would not hamper their obligations so that they will not be given a disconnection. However, the Standing Committee Report from the House of Representatives had filed this bill due to reasons that this bill should it become a law will really delay the payments from the residence. I understand that this might be a temporary solution for our people due to the delay of airlines carrying our mails, our billings down to the island of Rota and Tinian and I understand that in essence of our CUC has obligations to purchase fuel, however, I wish that our colleagues in the house will understand that most of our people herein Rota and Tinian really need to find ways into coming about the payment for their utility obligations. So once again, I would just like to comment on the bill that I sponsored for the good intention to assist the people of Rota and Tinian for CUC to allow the seven days grace period. And I thank you my colleague here in the Senate for giving me the support of this bill however, it did not pass the House. Thank you.

President Paul A. Manglona: Si Yu’us Ma’ase Senator Taimanao. Is there any other member? If none, let me just say few remarks here on some of the items that are listed. Number one, I want to thank Senator Taimanao for her support on House Bill No. 17-33, HD1,-- guiya este pot i chenchulu pat talayam, pat chenchulun managam. Yangin ma fitma este ni gobietno, siempre hana ligát gi uriyan i tanota giya Luta. Este siha i chenchulu para usun petsenot, ya hutungu ha si Senator Taimanao na guaha ha introdusi humanao papa gi sanpapa na guma’ ya ayo i ha-introdusi para todu i isla siha lao pot rasón na kulan man malagu i sanpapa na guma na para Luta ha este gi pagu na tiempo. Si Yu’us ma’ase Senator Taimanao pot un supot’taa este ginen i House na bill maseha ti iyo-mu bill. i otro na asunto, hu tungo’ha i Committee on Federal Relations na ha kondukta meggai na hearings. Esta monhayan ma kondukta gi nigap na puengi guini giya Luta pot este i equal status para i non-resident workers, ya yangin ti lache yu, fatta ta’lo un public hearing ha téhtenan ya gi hilu enao, siempre hu mana’ guaha un report ginen i komiten i Senate para hu sutmite este na rekomendasión gi Kongresun i Estados Unidos. Pues hu fafaisen i supot’tasion-miyu ya ta kontinua mo’na ya tana funhayan este na report. Ta atan i prisisu ya tana fan-manungo i Kongresun Amerika hafa i disision yan sinienten-ñiha i taotaota guini gi Marianas pot este nu probesión i gaige gi ayo i lai’n Federát anai man ma-amot hit nui immigration. Guaha kondisión na para ta na’i siha ni siniente-ta, ya mana-halom ginen i Interior rekomendasión siha sin ti ma riflekta i siniente-ta, ya pot enao na ta cho’gue este siha. Hu na’i dangkulu na Si Yu’us Ma’ase i Komite yan i staff siha pot man saonao guini siha na hearings. Lokkue guaha iyo-ta session gi August 5th -- iyota regular session enao -- Augusto dia sinko gi otro simana, regulát na session enao. Hu disisidi mohon na u funhayan potfin i rekomendasión i Joint Conference Committee pot este i austerity measure -- esta kulan tinataka mas tiempo para u guaha rekomendasión. Hu diseseha na uguaha meeting gi Lunes gi alas nuebi ya hu na’i mas deriksion. Ti iléléku na hayi para ta blame lao hu tungu ha na ti para ta blame


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i Senate. Pues hu diseseha na u-fonhayan enao. i otro asunto, ha mensiona ha si Senator Jude ayo i military relocation EIS anai man ma pasa para kada unu na miembru guini -- guaha kopia esta. Hu sosoyo todos na lokkue tafan huyong ta’lo pot este na rekomendasión guenao ya hu gagagao i Komite para hu na ready maseha hafa na klasin resolution ni siña ta pasa ya hu riflekta i sinienten i sanhilo’ na guma’ Kongresu. Pot los uttimo, dángkolo na Si Yu’us Ma’ase para i trustees i Retirement Fund yan i staff siha yan iyon-niha legal counsel ni man matu ni para hu ayuda mo’na guini siha gi megai na legislation. Hu tungo’ ha na man-triste yan man luluhan i man ritirao guenao siha huyung. Man susustu kao para uma-kontinua ma resibe i pension check kada pagamenton retirement ya gi este i bidata pagu na dia kulan nu dangkulu ta gopi anai para ta chagi uma asisti i Retirement Fund ya hu tungu ha na bula mas ginagao niha gi man mamaila. Ti libiano este na klasen legislasion lao debi ta fana ya debi ta chule i leksion; pues hu gagagao i continuous support i Retirement yan i miembru gi este siha na klasen legislation. Enao ha Si Yu’us Ma’ase. Esta otro simana gi next session – yangin taya mas -- motion for adjournment, Floor Leader?

ANNOUNCEMENT

NONE

ADJOURNMENT


: So moved.

Seconded by Vice President Jude U. Hofschneider. President Paul A. Manglona

: Motion to adjourn has been seconded. Is there any discussion? Those in favor say “aye”.

Several members voiced, “aye”. President Paul A. Manglona



: The Senate adjourns subject to the call of the Chair.

The Senate adjourned at 6:08 p.m. subject to the call of the Chair.

Respectfully Submitted,

Geraldine T. Cruz Senate Journal Clerk


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APPEARANCE OF SENATE LOCAL BILLS

LEG. NO. TITLE

NONE

The Senate may consider , debate, and/or act upon any item contained in this Order of Business at the time and place descr ibed herein.

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