THE SENATE • SEVENTEENTH LEGISLATURE • COMMONWEALTH … · S PECIAL S ESSION, 2011 SJ 17-33...

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

Senate Journal FIRST SPECIAL SESSION, 2011

SJ 17-33

First Day Wednesday Apr il 6, 2011

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

issued a notice on April 4, 2011, 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, First Special Session, on April 6, 2011, at 6:30 p.m., in the Senate Chamber, Capitol Hill Saipan, 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 all nine (9) members were present. President Paul A. Manglona

: With all nine (9) members being present this afternoon, we have the necessary quorum to conduct today’s session. We thank Mrs. Vicky Guerrero for joining us tonight and also Mr. Richard Hofschneider, welcome. Reading and approval of the Journal, Floor Leader?

READING AND APPROVAL OF THE JOURNAL

1. SJ 17-25 - (12th

2. SJ 17-26 - (13 Day, Second Regular 11/19/10)

th

Day, Second Regular 12/09/10)

Amended to include:

3. SJ 17-27 – ( 14th

Day, Second Regular 12/30/11)

Floor Leader Pete P. Reyes

: Thank you Mr. President. I move for the adoption of Senate Journal No. 17-25, Senate Journal No. 17-26, and Senate Journal No. 17-27.

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

: Is there any discussion?

First Day, First Special Session, April 6, 2011 SJ 17-33

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

: If none, we are voting on the motion to adopt Senate Journal No. 17-25, Senate Journal No. 17-26, and Senate Journal No. 17-27. All those in favor say “aye”.

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

: All opposed say, “nay”.

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

: Messages from the Governor?

MESSAGES FROM THE GOVERNOR

1. Gov. Msg. No. 17-335: March 02, 2011 – Enclosed copy of resume, statement of financial interests, police clearance, and drug test receipt of Mr. Fermin M. Sakisat, re-nominated to serve as a member of the CPA.

2. Gov. Msg. No. 17-336: March 03, 2011 – Enclosed copy of resume, statement of financial interests, police clearance, and drug test receipt of Ms. Alicia S. Igitol, nominated to serve on the Zoning Board.

3. Gov. Msg. No. 17-337: March 03, 2011 – Certification for annual salary in excess

of $50,000 for Ms. Sonya P. Dancoe, P.E. (Highway Engineer) to receive $70,000 per annum.


of $50,000 for Dr. Tanuja Edvalson, Physician (Family Medicine) at CHC, to receive $140,000 per annum.


of $50,000 for Dr. Young, Physician (General Surgeon) at CHC, to receive $185,000 per annum.


of $50,000 for Dr. Fedack, Physician (Anesthesiologist) at CHC, to receive $230,000 per annum.


of $50,000 for Dr. Chui, Physician (Pediatrician) at CHC, to receive $130,000 per annum.

8. Gov. Msg. No. 17-342: March 04, 2011 – Signed into law HLB 17-32, S1,D1,

entitled, “To appropriate $52,000 from the local license fees collected for pachinko slot machines and poker machines in the 2nd

Senatorial District; and for other purposes,” became TINIAN LOCAL LAW NO. 17-5


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9. Gov. Msg. No. 17-343: March 10, 2011 – Signed into law H.B. No. 17-114, SS1, SD2, SS2, CCS1, entitled, “To amend Section 3 of PL 16-17 to give the CUC the flexibility needed to partner with the private sector to provide reliable service at efficient rates; and for other purposes,” became PUBLIC LAW NO. 17-34.

10. Gov. Msg. No. 17-344: March 11, 2011 – Appointment of Ms. Carmen H. Atalig

appointed to serve as a member of the Professional Licensing Board to represent Rota.

11. Gov. Msg. No. 17-345: March 11, 2011 – Appointment of Mr. William S. Torres

appointed to serve as a member of Northern Marianas College Board of Regents to represent Saipan.

12. Gov. Msg. No. 17-346: March 15, 2011 – Executive Order No. 2011-04 –

Declaration of State of Emergency medical services on the island of Rota. 13. Gov. Msg. No. 17-347: March 17, 2011 – Certification for annual salary in excess

of $50,000 for Dr. Christopher Carpenter, Physician at CHC, to receive $137,000 per annum.


of $50,000 for Dr. Christopher Steadman, Physician at CHC, to receive $135,000 per annum.

15. Gov. Msg. No. 17-349: March 18, 2011 – Appointment of Mr. Ramon C. Mafnas

to serve as Commissioner of the Department of Public Safety.

16. Gov. Msg. No. 17-350: March 21, 2011 – Appointment of Mr. Ignacio L. Perez to serve as a member of the Public Utilities Commission representing Tinian.

17. Gov. Msg. No. 17-351: March 25, 2011 – Disapproved S.B. No. 17-24, HD1,

entitled, “To include the CNMI Scholarship Office and municipal scholarships as qualified educational institutions under the Education Tax Credit.”

18. Gov. Msg. No. 17-352: March 23, 2011 – Disapproved S.B. No. 17-39, HD2,

entitled, “To amend 2 CMC § 4310, to ensure that homestead permits of homesteaders killed while serving in the United States Armed Forces may bequeath such interest to their heirs.”

19. Gov. Msg. No. 17-353: March 23, 2011 – Signed into law S.B. No. 17-11, SD1,

entitled, “To enact a new Chapter 8 of Division 2 of Title 3 of the Commonwealth Code; and for other purposes,” becomes PUBLIC LAW NO. 17-35.

20. Gov. Msg. No. 17-354: March 23, 2011 – Signed into law S.B. No. 17-48,

entitled, “To amend 3 CMC §4972(b) (5) as established by PL No. 15-108; and for other purposes,” becomes PUBLIC LAW NO. 17-36.


of $50,000 for Mr. Benjamin Hochhalter, Physician at CHC, to receive $70,000.00.


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22. Gov. Msg. No. 17-356: March 31, 2011 – Certification for annual salary in excess of $50,000 for Mr. Anthony Raho, Manager for In-Patient Pharmacy at CHC, to receive $115,000.00.


of $50,000 for Dr. Florence Schenker, Physician at CHC, to receive $200,000.00. 24. Gov. Msg. No. 17-358: April 01, 2011 – Submission of the proposed budget for

the Commonwealth Government and Related Agencies for FY 2012. 25. Gov. Msg. No. 17-359: April 01, 2011 – Acknowledging receipt of the recalled

H.B. No. 17-111 by the House of Representatives, entitled, “To re-enact the Sex Offender Registration and Notification Laws to comply with the U.S. Dept. of Justice Guidelines.”

President Paul A. Manglona

: Are there any comments from the members?

The Chair recognizes Senator Juan M. Ayuyu. Senator Juan M. Ayuyu: Thank you Mr. President. I just want to share my sentiments on the Governors message on Senate Bill No. 17-24 and Senate Bill No. 17-39. Senate Bill No. 17-24 is the municipal scholarship to qualify for the Education Tax Credit. Where as it was vetoed by the Governor, for the reason that the collection of the general fund will be reduced if these scholarship offices are to be qualified under the Education Tax Credit. However, members and Mr. President, on the last fiscal year’s collection for the Education Tax Credit, out of the 1.2 million dollars, only twenty percent goes to the public school and eighty percent goes to the private schools. I feel that it’s unfair not to allow our municipal scholarships to be a recipient of this Education Tax Credit knowing that our own people that wants

to continue their education. It is really very disappointing that this bill is vetoed by the Governor. On Senate Bill No. 17-39, it is so sad to hear the advice to the Governor is not in line with the intent of the bill but I am happy to hear from them that I can introduce the same bill and that they will also sign that into law. I just want to share that with the members and the people in the gallery. Thank you.


: Thank you Senator Ayuyu. Is there any other member that wish to comment? I am going to ask the Legal Counsel and the Legislative Assistant to please look at one of the bills that Senator Ayuyu mentioned that was vetoed which is Senate Bill No. 17-39 on the homestead permit. Those that were killed while serving in the US armed forces, I think that the Senate meant well in passing that bill sponsored by Senator Ayuyu and it is obvious that maybe the Governor was not well advised or maybe there is an amendment that we need to further incorporate to reflect the real intent of the Senate in passing this bill so that we can address this inequity that arises. For example, in the case of one Marine Officer that was killed on Rota, it is not clear whether that homestead actually will be transferred to the heirs of the deceased and such is the intention that Senator Ayuyu has in sponsoring this bill. I ask the Legal Counsel and the Legislative Assistants to review the Governor’s message and come up with a bill for the next session that we can vote on and transmit to the House. Thank you.

The Chair recognizes Senator Jovita M. Taimanao.


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Senator Jovita M. Taimanao

: Thank you Mr. President. I just want to remind the members that the Governor has already submitted the proposed budget submission of Budget Year 2012 to the Legislature. A copy has been forwarded already to the Fiscal Affairs Committee and the Fiscal Affairs Committee will be working together with the members in order for us to prep all necessary information in terms of numbers which were indicated on the budget proposal. We need to work together with our colleagues in the House of Representatives, so that we can address this budget and not to come again on the last minute and then we will be having a head on in terms of lack of time and also in areas where the two houses cannot come about in unison decision. Once again, this is information that I would like to share with the members that the budget binders are submitted to the Fiscal Affairs Committee. Thank you Mr. President.


: Thank you Chairwoman. Along that line, I know we have spoken to our Chairman of HEP. As you know, the budget is worked around the fact that now the Public Health Corporation will be activated and so the Chair has informed the members that he will be holding public hearings maybe one or two regarding this very issue. The Fiscal Affairs Committee and the Health Committee have to work together and later the Chairman is coming up with a date on the public hearings.

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

: Thank you Mr. President. Mr. President, can someone enlighten us exactly why the Administration disapproved Senate Bill No. 17-39, HD2. This is the one Chairman Ayuyu just mentioned earlier. I believe when someone dies in the line of duty the homestead should be passed over to the heirs.


: Earlier, I asked the Legal Counsel and the Legislative Assistant to review the message under Governor’s Communication No. 17-352, copies have been provided. It appears that maybe there is some ambiguity in the bill as claimed by the Governor and so we just need to work on that because if you look at under 17-52 for some reason the Governor is concerned with those dishonorably discharged. I don’t know whether he meant that they might be qualified so maybe the Legal Counsel has to review this. Do you want to comment? Let us recognize our Legal Counsel. Our rules allow that.

Legal Counsel Mathew Meyers

: I just briefly looked at the Governors message and it appears that the Governor is distinguishing in between folks who have been -- the bill as written doesn’t allow folks in the military group who was honorably discharged from having this benefit. Of course, normally when you are dishonorably discharged you loose a whole range of benefits that doesn’t appear to be anything abnormal. However, the Governor mentions that the same benefits is not afforded for the folks that have committed crimes could receive benefits that the folks that who are dishonorably discharged cannot and he is making a point that maybe there is some inequity there. I don't know if that makes sense but I will have to research this a little more.

Senator Francisco Q. Cruz: I understand that Mr. President, but in a case that the personnel did apply, they submit an application prior to a dishonorable discharge that is a very totally different case. I believe that individual should be able to pass it to the heirs. I understand if they did not apply for homestead yet. I know some individuals that just come out of prison and were still granted the eligibility to apply for that. Why is it for these people who try to protect our freedom is totally different? For me it is not fair.


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: So maybe one additional request to the Legal Counsel is to discuss whether this is something that we can override and if it is something that we can override because we see that the language is very clear. That is something that we can do also and to discuss with the sponsor and the members and in our next session that is another option that we can take.

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

: I just want to share with Senator Cruz that on the military side when you’re dishonorably discharged, like our Legal Counsel says you loose almost everything, all the benefits. This particular bill allows only those that are honored or killed while in the line of duty. However, for those that are dishonorably discharged they still qualify for homestead programs. However, they don’t have the same benefits with the ones that are killed while serving their time. Thank you.

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

: Just on Governor’s Communication No. 17-359, I know that the House of Representatives acted to recall the sex offender registration notification bill. I am wondering if the Senate needs to recall this also. I wonder if we already did. I don’t remember if we did.


: Let me call for a short recess.

The Senate recessed at 6:48 p.m.

And

The Senate reconvened at 7:10 p.m.


: Let us resume with our session. We are trying to clarify whether a House Bill or a Senate Bill with the Governor can be recalled by one house or does it require the action of two houses. That is the assignment of our Legal Counsel so that we don’t affect the existing bill pertaining to this very issue subject of governor’s message no 17-359. The Speaker requested during recess if we can also recall House Bill No. 17-111 so that they can make legal and other technical amendments to this bill sponsored by the House so that there is no question in the future affecting this very legislation. I respectfully then ask the members if we can recall this and request the Floor Leader to make the appropriate motion.

Floor Leader Pete P. Reyes

: Thank you Mr. President. Just so that we can avoid any legal snag, I move for the recall on House Bill No. 17-111 from the Governor’s Office, so move.

Seconded by Senator Henry H. San Nicolas. President Paul A. Manglona

: Is there any discussion?

Several members voiced, “ready”.


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: Senate Clerk, roll call please.

The Clerk called the roll on the motion to recall House Bill No. 17-111 from the Governor’s Office.

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 yes

Senate President Paul A. Manglona yes President Paul A. Manglona: By a vote of 9-0, the Senate hereby recalls House Bill No. 17-111 sitting with the Governor, a bill to re-enact the Sex Offenders Registration and Notification Laws to comply with the U.S. Dept. of Justice Guidelines. The Chair recognizes Floor Leader Pete P. Reyes. Floor Leader Pete P. Reyes: Thank you Mr. President. On Governor’s Communication, I noticed that there is still a request for a Joint Resolution on employment. I am wondering if the issue has been resolved with the latest opinion from the Attorney General and whether or not requesting for Joint Resolution approval of FTE’s are still complying with the law. And what is the position of the members, because if the Attorney General is correct, then there is no need anymore for any request for approval on FTE’s by the departments or agencies. As you probably know, there is also one here from the Bureau. Is there any member that wishes to respond to that? The Chair recognizes Vice President Jude U. Hofschneider. Vice President Jude U. Hofschneider : I think I asked this question the last time and I never really took it further. May I ask the Legal Counsel because this provision in the budget law was inserted simply so the Legislature, at least for that matter, can be advised of re-employment or employment? I also recognize what the Floor Leader is saying the Attorney General coming out and saying that it could be very well unconstitutional by breaching over our authority over to the Executive Branch so maybe this is the proper time also to ask Mr. Matt Meyer to perhaps maybe enlighten the members to see if he agrees. Should we make do without this or should we continue on without this for this continuing budget year? Legal Counsel Mathew Meyer: I don’t have research ready in front of me however, I think we will know what the Executive Departments do if they continue coming to the Legislature asking approval for hires. If they don’t then we’ve got a law suit, potentially. Other than that, I say we keep going, business as usual. Really, what I would say is we wrote a law and until a court definitively says your wrong the Executive Branch is beholding to follow that law including asking for approval for FTE’s.


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Vice President Jude U. Hofschneider : So is it because as we all know even the Judicial Branch have been asking for FTE’s at one point in time. They are asking, lobbying the legislature. Floor Leader Pete P. Reyes: The Judicial Branch has one right now. Vice President Jude U. Hofschneider : Exactly, I didn’t see it but Matt I think that it’s important that we need to have a position to justify our position because this is only coming from the Attorney General but we voted for these things. However it may look, it may be contrary to what they see but in order for us to continue on with this check mechanism we need to have a position in document. I suggest Mr. President, perhaps maybe we should have an official position written so that whether we agree with it or not we should have some sort of position. That’s all. President Paul A. Manglona: Is there any other member? I know that because before the session I was listening to the comment by the Attorney General in the news and the Attorney General is saying that they are going to operate under his opinion. Under the opinion issued by the Office of the Attorney General and until otherwise by a decision in court so it appears that then the only course that we have is to take legal action. I guess that is the only option. Even if we write our opinion which I guess that is the understanding and that is how we have been working. The only option we have is to take legal action and that is something that the House and the Senate has to decide. The Chair recognizes Floor Leader Pete P. Reyes. Floor Leader Pete P. Reyes: Thank you. Very quickly Mr. President, the reason why I raised this issue is that the Judiciary, for example, has one request here and actually we need to act on this. I am wondering if we vote against, reject or disapprove the FTE, then what is going to happen? Are they going to go ahead and hire contrary to the spirit and intent of the law? Because then, we are going to have a serious problem. I believe we approved a request from the Attorney General for several Assistant AGs last session, and if the Attorney General himself is requesting the Legislature to approve this and then, coming out on the same breath indicating that it is unconstitutional; it doesn’t make sense to me. Unless of course, the opinion came out after intensive review of the constitution, but it looks like departments under the Governor’s Office continue to request for the approval of FTE’s.

COMMUNICATIONS FROM THE JUDICIARY

1. Jud. Comm. No. 17-23: March 04, 2011 – Superior Court vacant positions for

Law Clerk and Deputy Clerk III. President Paul A. Manglona: That is an issue I believe the Executive Branch has taken but as far as the Judicial they continue to adhere to the law and it’s already on our order of business should we act on that judicial request today? I just want to ask the members. Vice President Jude U. Hofschneider : I think we should just dispose of it Mr. President. President Paul A. Manglona: We are down to communications from the Judiciary and maybe this is the proper time to make the appropriate motion and have a discussion. The Chair recognizes Floor Leader Pete P. Reyes.


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Floor Leader Pete P. Reyes: Thank you. If there is no objection from the members, I would like to make a motion for the approval of the Judiciary Communication No. 17-23, reference to the vacant position for Law Clerk and Deputy Clerk III, I so move. Seconded by Senator Henry H. San Nicolas. President Paul A. Manglona: Is there any discussion? Several members voiced, “ready”. President Paul A. Manglona: The motion is for the approval of the vacant position. We have a motion and the question I am going to ask the Legal Counsel is does this require a resolution that is numbered? I believe the law requires that we adopt a resolution in accepting these request so I am going to ask for a very short recess.


And


President Paul A. Manglona: Let us resume with our session. After discussion on Communication from the Judiciary I want to recognize the Floor Leader. Floor Leader Pete P. Reyes: Thank you Mr. President. First of all, let me recall my motion because I was not aware that … President Paul A. Manglona: Is there any objection? Several members voiced, “no objection”. Floor Leader Pete P. Reyes: So my motion is to recall my motion for the approval and wait for the House of Representatives to translate this request into a form of a Joint Resolution. Seconded by several members. President Paul A. Manglona: Is there any discussion? Several members voiced,” ready”. President Paul A. Manglona: All those in favor say “aye”.

Several members voiced, “aye”. President Paul A. Manglona: All opposed say, “nay”.

The motion was carried by voice vote.


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The Chair recognizes Floor Leader Pete P. Reyes. Floor Leader Pete P. Reyes: Thank you Mr. President. We move down to.. President Paul A. Manglona: Communication from Heads of Executive Departments.

COMMUNICATIONS FROM HEADS OF EXECUTIVE DEPARTMENTS

1. Dept. Msg. No. 17-49: March 10, 2011 – DCCA to fill position of Executive Director for Commonwealth Council for Arts & Culture (CCAC).

2. Dept. Msg. No. 17-50: March 10, 2011 – DCCA to fill vacant position for Juvenile Correction Worker I.

3. Dept. Msg. No. 17-51: March 10, 2011 – DPL comment on S.B No. 17-43, SD1 – To allow beneficiaries of trusts and retirement fund programs to bring derivative actions on behalf of themselves.

4. Dept. Msg. No. 17-52: March 15, 2011 – Department of Commerce’s invitation to the Economic Restoration Summit (ERS) of 2011.

5. Dept. Msg. No. 17-53: March 18, 2011 – DPL on South Pacific Lumber Co.,

request for 15-Year lease extension. 6. Dept. Msg. No. 17-54: March 10, 2011 – Division of Customs Service – DOF 2nd

request to fill vacant positions.

President Paul A. Manglona: Is there any comments?

COMMUNICATIONS FROM THE HOUSE

1. Hse. Comm. No. 17-168: March 03, 2011 – Informing the Senate of the House

rejected Senate amendments on H.B. No. 17-26, SD1 and appointed members to serve on the conference committee.

2. Hse. Comm. No. 17-169: March 09, 2011 – Transmitting for Senate action H.J.R.

No. 17-31, entitled, “To approve the request of the Office of the Mayor of the Municipality of Tinian and Aguiguan to hire an employee deemed as very critical to the delivery of essential services under PL 17-21, Section 602(a).”

3. Hse. Comm. No. 17-170: February 28, 2011 – Transmitting for Senate action

H.J.R. No. 17-30, entitled, “To approve the request of the Director of the Division


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of Customs to hire employees deemed as very critical to the delivery of essential services under PL 17-21, Section 602(a).”

4. Hse. Comm. No. 17-171: March 15, 2011 – Meeting regarding with

Subcommittee on Fisheries, Wildlife, Oceans & Insular Affairs (FWOIA) on Wednesday, March 23, 2011, 10:30 a.m. at House Chamber.

5. Hse. Comm. No. 17-172: March 29, 2011 – Returning without amendments

S.J.R. No. 17-09, entitled, “To approve the request of the 13th

Rota Municipal Council to fill one (1) vacant position that is deemed critical to the delivery of essential services under PL 17-21, 602(a).”

6. Hse. Comm. No. 17-173: March 29, 2011 – Returning without amendments S.J.R. No. 17-10, entitled, “To approve the request of the Mayor of Rota to fill positions in each respective departments that are deemed critical to the delivery of essential services under PL 17-21, 602(a).”

7. Hse. Comm. No. 17-174: March 29, 2011 – Returning without amendments S.B.

No. 17-20, SD1, HS1, HD2, SD2, entitled, “To authorize the Bureau of Motor Vehicles to establish a student driver education program.”

8. Hse. Comm. No. 17-175: March 29, 2011 – Recalled H.L.I. No. 17-2, HD2,

entitled, “To amend Article III, Section 11 of the Constitution of the CNMI to authorize the election of an Attorney General.”

9. Hse. Comm. No. 17-176: March 29, 2011 – Acceptance of the Senate

amendments to H.B. No. 17-28, HS1, SS1 entitled, “To empower and define the authority, duties, responsibilities and functions of the Marshal Service Division of the CNMI.”

10. Hse. Comm. No. 17-177: March 29, 2011 – Transmitting for Senate action to

H.B. No. 17-43, entitled, “To establish a CNMI Office of Transit Authority within the Office of the Governor; and for other purposes.”

11. Hse. Comm. No. 17-178: March 29, 2011 – Transmitting for Senate action to

H.B. No. 17-167, HD1, entitled, “To appropriate Nineteen Thousand One Hundred Twenty Four Dollars ($19,124.00) from the Saipan Trust Fund to assist in the preservation of artifacts and operations of the Commonwealth Museum; and for other purposes.”

12. Hse. Comm. No. 17-179: March 28, 2011 – Joint Presiding Officers regarding the

appointment of members of the Legislature to a working group on the issues on “Revenue enhancement” and “Government efficiency and accountability”.

13. Hse. Comm. No. 17-180: April 01, 2011 – Transmitting for Senate action to

H.J.R.17-32, entitled, “To approve the request of LB to hire employees deemed as very critical to the delivery of essential services under PL 17-21, Section 602(a)”.


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The Chair recognizes Floor Leader Pete P. Reyes.

Floor Leader Pete P. Reyes: I believe Mr. President at this time, I would like to make a motion in order to comply with the Open Government Act to amend our order of business, I so move. Seconded by several members. President Paul A. Manglona: Is there any discussion? If none, Senate Clerk, roll call please for the motion to amend our order of business. The Clerk called the roll on the motion to amend our Order of Business.



Senate President Paul A. Manglona yes President Paul A. Manglona: By a vote of 9-0, the motion to amend our order of business is hereby approved. The Chair recognizes Floor Leader Pete P. Reyes. Floor Leader Pete P. Reyes: Thank you Mr. President. I know that we acted on the Journal but just so that we are not questioned on our action, I move also for the inclusion of Senate Journal No. 17-27. Put on calendar Senate Bill No. 17-66, which is in the order of business under prefiled bills and resolutions. Also, motion to allow us to amend the Senate Rules. We will make that motion when we get to the appropriate section. Also, include Senate Bill No. 17-65, Senate Bill No. 17-69, Senate Bill No. 17-68, and Senate Bill No. 17-67 on calendar. President Paul A. Manglona: I think Senate Bill No. 17-66, we … Floor Leader Pete P. Reyes: I know Mr. President, but we just include it to be placed on calendar, but we are not going to act on that. President Paul A. Manglona: Alright, so everybody understands the motion? Is there any discussion? Seconded by Senator Jovita M. Taimanao. President Paul A. Manglona: Is there any discussion? Senate Clerk, roll call please.


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The Clerk called the roll on the motion to include Senate Journal No. 17-27, Senate Bill No. 17-65 thru Senate Bill No. 17-69.



Senate President Paul A. Manglona yes President Paul A. Manglona: By a vote of 9-0, the Senate hereby approves the motion to amend our order of business as offered by the Floor Leader. The Chair recognizes Floor Leader Pete P. Reyes. Floor Leader Pete P. Reyes: Thank you Mr. President. Under the House Communication, I guess the only thing I wanted to deal with is on House Communication No. 17-177. Just correct the error under CNMI Office of Tansit, it should be Transit Authority. Just make that correction, instead of tansit. It is just an oversight so I just wanted to point that out. And just to point out also on House Communication No. 17-180, that there is a request from the LB to approve the hiring of employees critical to the delivery of essential services and again, the spelling on service needs to be corrected. It’s an oversight. Thank you. President Paul A. Manglona: Thank you Floor Leader. Is there any other member? The Chair recognizes Senator Henry H. San Nicolas. Senator Henry H. San Nicolas: Thank you Mr. President. Mr. President, just to request the Floor Leader, maybe we can include also House Communication No. 17-169 and House Communication No. 17-170 if there is no objection from the members. President Paul A. Manglona: I believe your request is for the Floor Leader to make the appropriate motion for passage of House Joint Resolution No. 17-31 and House Joint Resolution No. 17-30. Senator Henry H. San Nicolas: That is correct. Thank you Mr. President. The Chair recognizes Floor Leader Pete P. Reyes. Floor Leader Pete P. Reyes: Thank you. Without objection again, I request to make a motion for the inclusion of House Communication No. 17-169 as it refers to House Joint Resolution no. 17-31 and House Communication No. 17-170 as it refers to House Joint Resolution No. 17-30, I so move. Seconded by several members.


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President Paul A. Manglona: Is there any discussion on the motion to adopt House Joint Resolution No. 17-31 and House Joint Resolution No. 17-30? Seconded by Senator Henry H. San Nicolas. President Paul A. Manglona: Is there any discussion? Several members voiced, “ready”. President Paul A. Manglona: Senate Clerk, roll call please. The Clerk called the roll on the motion to adopt House Joint Resolution No. 17-31 and House Joint Resolution No. 17-31.



Senate President Paul A. Manglona yes President Paul A. Manglona: By a vote of 9-0, House Joint Resolution No. 17-31 and House Joint Resolution No. 17-30 approving FTE’s herby are adopted. The Chair recognizes Floor Leader Pete P. Reyes. Floor Leader Pete P. Reyes: That is only for the placement of the resolutions on calendar. President Paul A. Manglona: My understanding is we are voting on the resolution. Floor Leader Pete P. Reyes: No, just for the placement of the resolution on calendar, that is the request right? If there is no objection, I can make the motion to place it…. President Paul A. Manglona: Because the motion to place it was voted when you did the …. Floor Leader Pete P. Reyes: That was not included Mr. President. It is just requesting that to… President Paul A. Manglona: No, it’s already here. Short recess.


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And


President Paul A. Manglona: I want to apologize for the misunderstanding. The motion that was made and was voted upon was to place it on our resolution calendar. I stand corrected and that House Joint Resolution No. 17-31 and House Joint Resolution No. 17-30 are hereby placed on our resolution calendar. The Chair recognizes Floor Leader Pete P. Reyes. Floor Leader Pete P. Reyes: Mr. President, while we are doing that, we also have under House Communication No. 17-180, House Joint Resolution No. 17-32. I might as well just go ahead and also include that. President Paul A. Manglona: Short recess.


And

The Senate reconvened at 7:33 p.m. President Paul A. Manglona: We are back to our session. Is there anything else you would like to discuss under House Communication? If none, Communications from the Washington Delegate.

COMMUNICATIONS FROM THE WASHINGTON DELEGATE

1. Wash. Delegate Comm. No. 17-28: March 02, 2011 – Nominee from the Northern Mariana Islands for the Marianas Trench Marine National Monument’s Advisory Council.

2. Wash. Delegate Comm. No. 17-29: March 23, 2011 – H.R. 1141, authorizing the

Secretary of Interior to study the suitability and feasibility of designating certain prehistoric, historic, and limestone forest sites on Rota, as a unit of the National Park System.

UNFINISHED BUSINESS

NONE


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PRE-FILED BILLS AND RESOLUTIONS

1. Senate Commemorative Resolution No. 17-06: To commend and welcome Captain Michael A. Hegart “Mike” of the United States Navy, Commanding Officer of the USS Chancellorsville and his crewmembers to the Commonwealth of the Northern Mariana Islands. (SEN. LUIS P. CRISOSTIMO – 03/09/11)

2. Senate Resolution No. 17-43: Congratulating all the CNMI participants and winners of the 8th

Annual Chamoru Language Competition: I Fino’ Chamoru: Na’oppan, Na’a’gang, Na’famta’ (The Chamoru Language: Let it Ring Forth, Loudly, Clearly), which was held at the University of Guam, Field house on March 8, 2011. (SEN. JOVITA M. TAIMANAO – 03/29/11)

3. Senate Bill No. 17-64: To establish an attorney reciprocity program with the Territory of Guam; and for other purposes. (SEN. JUDE U. HOFSCHNEIDER – 03/28/11)

4. Senate Bill No. 17-65 : To rename the Rota International Airport the “Benjamin

Taisacan Manglona International Airport” in recognition of his services to the island and people of Rota and contributions to the Commonwealth. (SEN. JOVITA M. TAIMANAO; SEN. JUAN M. AYUYU; SEN. PAUL A. MANGLONA – 03/29/11)

5. Senate Resolution No. 17-44: To commend and recognize the late Manuel Seman

“Kiyu” Villagomez distinguished life in the community and business services. (SEN. RALPH DLG. TORRES AND COMMITTEE OF THE WHOLE)

6. Senate Resolution No. 17-45: To express the sentiment of the Senate and the

people of the Commonwealth relating to the March 11, 2011 earthquake and tsunami devastation in Japan; and to offer the CNMI as a housing and educational alternative for surviving families and children of Japan. (SEN. JUAN M. AYUYU AND COMMITTEE OF THE WHOLE)

7. Senate Bill No. 17-66: To require the Commonwealth Ports Authority to

authorize the use of the Rota East Harbor for solely for the exportation of locally made products; and for other purposes. (SEN. JUAN M. AYUYU -04/04/11)

8. Senate Resolution No. 17-46: To recognize the CNMI Women’s Association, a

non-profit organization for their unwavering public service in making the CNMI a better place for its residents. (SEN. JOVITA M. TAIMANAO – 04/04/11)

9. Senate Bill No. 17-67 10. Senate Bill No. 17-68


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11. Senate Bill No. 17-69

INTRODUCTION OF BILLS AND RESOLUTIONS

NONE

PUIBLIC COMMENTS

No Public Comment Presented

President Paul A. Manglona: We are under Public Comments. Is there any member of the public in the gallery that wishes to comment on any of the items on the agenda before us? As well as under the bill calendar or under the Standing Committee Reports, one of which is the consideration by the EAGI Committee for the approval of the CPA nominee from Saipan, Mr. Fermin Sakisat under Standing Committee Report No. 17-41. Is there any member of the public in the gallery? Let the record reflect that there is no comment from the public. The Chair recognizes Floor Leader Pete P. Reyes for the Report of Standing Committees. Floor Leader Pete P. Reyes: Thank you. Before I do that Mr. President, with the consent of the members, I would like to make a motion to amend the Senate Rules, if there is no objection. Several members voiced, “no objection”. Floor Leader Pete P. Reyes: The motion is to amend Section 5 (e) of the Seventeenth Senate Official Rules. To include on the amendment that is passed out to the members and that should fall under Section 5 (e) and the subsection (e) shall be re-issued to change to (f). President Paul A. Manglona: So the current 5 “E” to 5 “F”. Floor Leader Pete P. Reyes: Yes, from 5 (e) to 5 (f). President Paul A. Manglona: The rule change will be under 5 “E”. Floor Leader Pete P. Reyes: Right. President Paul A. Manglona: Does every member have a copy of the rule change? Floor Leader Pete P. Reyes: That is the motion. Seconded by Senator Henry H. San Nicolas. President Paul A. Manglona: Is there any discussion? The Chair recognizes Senator Ralph Dlg. Torres.


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Senator Ralph Dlg. Torres: Just for clarification on that so that new paragraph “E” should be entitled appointments Judicial nominees this new paragraph “E” shall require all future Judicial nominees to complete EAGI questionnaire for Judicial nominees under that title, on that section. President Paul A. Manglona: That is correct, and that I believe this will be the questionnaire entitled CNMI Senate Committee on EAGI Investigation Questionnaire for Judicial Nominees will then be attached to the rules right? Floor Leader Pete P. Reyes: That is correct. President Paul A. Manglona: Or be printed under 5 “E” or will that be attached in the back? Floor Leader Pete P. Reyes: It should be printed under 5 (e). Legal Counsel Mathew Meyer: It maybe just included by reference so if you reference it in the rules I don’t know that it will be appropriate to – I mean it’s a thick document so if you include it by reference by the title name, I think that will be appropriate. The Chair recognizes Senator Francisco Q. Cruz. Senator Francisco Q. Cruz: I agree with the Legal Counsel because this is a lot of documents. President Paul A. Manglona: Okay, we will language the motion in such a way that we will refer to this document as the investigation questionnaire for the Judicial nominee and we don’t have to attach it but we are voting on this document and that somehow the reference will be made and clear so that we don’t incorporate into the rules because it’s going to double the thickness of the rules. The Chair recognizes Vice President Jude U. Hofschneider. Vice President Jude U. Hofschneider : Mr. President, discussion on this what we can do is adopt a specific document on this so it’s also included in the rules that the nominee must complete such document. So instead of incorporating it in the Senate rules right now … Floor Leader Pete P. Reyes: Use it as an addendum right? Vice President Jude U. Hofschneider : If that’s the proper way to do it. Refer to addendum. And it has to be reference under the EAGI order of responsibility of the rules of the Senate. That is just my recommendation Mr. President. The Chair recognizes Floor Leader Pete P. Reyes. Floor Leader Pete P. Reyes: Let me make a recommendation, that we will just go ahead and approve this and let the Legal Counsel language it, so that it makes reference to an addendum into our official rules and then, have the Legal Counsel pass this amendment to the members so that we understand and agree before it is posted as official part of the rules, if there is no objection. Several members voiced, “no objection”.


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President Paul A. Manglona: So the motion Floor Leader, can you please… Floor Leader Pete P. Reyes: The motion Mr. President is to amend the Seventeenth Senate Official Rules to include an addendum reference to a title that says, Appointment of Judicial Nominees, making reference to a questionnaire that is part of the Senate Rules as an addendum, so move. Seconded by several members. President Paul A. Manglona: Is there any discussion? Several members voiced, “ready’. President Paul A. Manglona: Since this is an amendment to the rules, I would like to call the roll on this vote, Senate Clerk. The Clerk called the roll on the motion to amend the Seventeenth Senate Official Rules and attached the questionnaire for the Judicial nominees as an addendum.



Senate President Paul A. Manglona yes President Paul A. Manglona: By a vote of 9-0, the Senate hereby approves the amendment to Rule 5 Subsection “E” incorporating this questionnaire to the future Judicial nominees as a part of Section 5 “E” and renumbering Section 5 “E” to 5 “F” that the Senate has adopted by a vote of 9-0. The Chair recognizes Floor Leader Pete P. Reyes. Floor Leader Pete P. Reyes: Thank you Mr. President. At this time, I would like to make a motion for the adoption of Senate Standing Committee Report No. 17-41. This is in reference to the appointment of Mr. Fermin M. Sakisat to serve as a member of the Commonwealth Ports Authority to represent Saipan, so move. Seconded by several members. The Chair recognizes Senator Francisco Q. Cruz. Senator Francisco Q. Cruz: Thank you Mr. President. For the record it is the intent and I submitted copies to all the members, and it’s the intention Mr. President that your Standing Committee on Executive Appointments and Government Investigation to assure the appointment of


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Mr. Fermin M. Sakisat is in conformance with the mandated duties and responsibilities pursuant to 2 CMC Subsection 21 and 23. Mr. Sakisat has submitted all required documents Mr. President and I ask the full Senate to support the Senate’s recommendation report. Thank you. President Paul A. Manglona: Thank you very much Mr. Chairman. Is there any further discussion on the Committee Report? If none, we are voting on Standing Committee Report No. 17-41 on the nomination of Mr. Fermin Sakisat. Senate Clerk, roll call please. The Clerk called the roll on the motion to adopt Standing Committee Repor t No. 17-41.



Senate President Paul A. Manglona yes President Paul A. Manglona: By a vote of 9-0, the Senate hereby confirms the Governor’s nomination to CPA, Mr. Fermin Sakisat.

RESOLUTION CALENDAR

1. Senate Commemorative Resolution No. 17-06 2. Senate Resolution No. 17-43 3. Senate Resolution No. 17-44 4. Senate Resolution No. 17-45 5. Senate Resolution No. 17-46

The Chair recognizes Floor Leader Pete P. Reyes. Floor Leader Pete P. Reyes: Mr. President, I move for the adoption of Senate Commemorative Resolution No. 17-6. Seconded by Senator Henry H. San Nicolas. President Paul A. Manglona: All those in favor for the adoption of Senate Commemorative Resolution No. 17-06, please say “aye”.



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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 Senate Resolution No. 17-43. This is congratulating all participants and winners of the 8th

Annual Chamoru Language Competition, so move.

Seconded by Vice President Jude U. Hofschneider. President Paul A. Manglona: Is there any discussion? The Chair recognizes Vice President Jude U. Hofschneider. Vice President Jude U. Hofschneider : Mr. President, may I request the good Senator to include me in this resolution if she doesn’t mind? Senator Luis P. Cr isostimo: Me too, or as a Committee of a Whole. Vice President Jude U. Hofschneider : Or Committee of a Whole. The Chair recognizes Senator Ralph Dlg. Torres. Senator Ralph Dlg. Torres: Pot i Chamorro este no? Pues mauleg kumo un na halom i na‘an hu lokkue. Floor Leader Pete P. Reyes: Committee of the Whole. President Paul A. Manglona: Pues todu mu supotta? The Chair recognizes Senator Jovita M. Taimanao. Senator Jovita M. Taimanao: Mr. President, I am very happy to include everyone. This will be sponsored by a Committee of a Whole. The Chair recognizes Senator Francisco Q. Cruz. Senator Francisco Q. Cruz: Mr. President, malagu yu na bai Congratulate i estudiante ni bula siha ma chule tatte or siha yan ginanna ginen Guam. Si Yu’us Ma’ase Senator Taimanao that you came up with this resolution yan na yo’ase korasón mu yon na fan halom todu. Si Yu’us Ma’ase. President Paul A. Manglona: Esta pagu para ta bota Senate Resolution No. 17-43. All those in favor say “aye”.

Several members voiced, “aye”.


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President Paul A. Manglona: All opposed say, “nay”.

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 Senate Resolution No. 17-44, “To Commend and Recognize the Late Manuel Seman Villagomez “Kiyu” on a Distinguished Life of Community and Business Service,” so move. Seconded by several members. President Paul A. Manglona: Is there any discussion? The Chair recognizes Senator Luis P. Crisostimo. Senator Luis P. Cr isostimo: I want to thank the members. Our uncle Manny’s departure bring fond memories and he helped us locals -- worked closely with us as we mature and venture into business and for that, I want to be on record thanking him for all his contributions to us young folks and the community as well. Thank you. President Paul A. Manglona: Thank you Senator Crisostimo. Is there any other member that wish to comment? We are voting on Senate Resolution No. 17- 44. 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: Mr. President, with the adoption of this resolution, I want to inform the members that on Friday the late distinguish individual Manuel Seman “Kiyu” Villagomez will be buried and the resolution will be presented. I ask the members to please join us in presenting the resolution. Thank you. The Chair recognizes Senator Juan M. Ayuyu. Senator Juan M. Ayuyu: Thank you Mr. President. I just want to ask the Floor Leader or whoever is going to be attending the funeral that I won’t be able to be present, to please extend my apologies to the family. I wish I can be here but there is also a funeral at the same time on Rota. It is a family member that also requires our presence. Thank you. President Paul A. Manglona: I know that, the media is not listening, but some members might not be there during this presentation so I believe the Floor Leader will be making the official presentation with other members that are here. Please extend our apology also. Is there any other member?


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The Chair recognizes Senator Jovita M. Taimanao. Senator Jovita M. Taimanao: Thank you. Likewise Mr. President like what Senator Ayuyu shared and same with President Manglona, Floor Leader may I be included in extending condolences to the family and please forgive me for not showing and being with the rest of the members who will be going to this funeral. We have a family funeral in Rota so please forgive us in this point of time. Thank you. President Paul A. Manglona: There is no further discussion. Floor Leader, motion on Senate Resolution No. 17-45. Floor Leader Pete P. Reyes: Thank you Mr. President. I move for the adoption on Senate Resolution No. 17-45. This is, “To expressing the sentiment of the Senate and the people of the Commonwealth relating to the March 11, 2011 earthquake and tsunami devastation in Japan; and to offer the CNMI as a housing and educational alternative for surviving families and children of Japan,” so move. Several members seconded. President Paul A. Manglona: Is there any discussion? The Chair recognizes Senator Henry H. San Nicolas. Senator Henry H. San Nicolas: Thank you. Mr. President, this is just to request the author if there is no objection from him, I don’t mind being a part of the resolution. Senator Juan M. Ayuyu: There is no objection Mr. President. President Paul A. Manglona: So again this will be by a Committee of Whole, there being no objection by the main sponsor so Clerk please reflect such. We are voting on Senate Resolution No. 17-45. The Chair recognizes Senator Luis P. Crisostimo. Senator Luis P. Cr isostimo: Thank you Mr. President. I would like to commend the author and all the members for introducing this resolution. I think the CNMI is always very close to our neighbor, Japan. We are the next island after the most southern or southeast Japan islands. Japan has been very influential in our economy -- our business, tourism and almost everything that we do in the Commonwealth, Japan plays a part. We feel the pain and I know that we need them and I hope that they know also that we are here to provide our moral and financial support to their needs and to their pain at this very challenging times -- to their country and to the Japanese community. Thank you. The Chair recognizes Senator Francisco Q. Cruz. Senator Francisco Q. Cruz: Si Yu’us Ma’ase Mr. President. Malagu yu lokkue bai commend i author ni este na resolution yan otro malagu yu bai fan na’i dánkolo na Si ‘Yu’us para i LB staff ni este last na fundraising gi Saturday todu i man animosu yan man animosa gi LB ni ma chagi ta fan collect manu siña na fondu para este tsunami victims gi Japan. Despensa sa mo’fona yu man


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ekstende lao ti hu tungo ko appropriate este lao before we forget the LB staff Mr. President if no hard feelings from the members na hu mention este agradesimiento para i staff. Puedi mohon gi future ni guaha este ta fan ayuda manu ni siña yan todu members ni man matto gi Sábalu. Si Yu’us Ma’ase. President Paul A. Manglona: Si Yu’us Ma’ase Senator Cruz. Gaige enao gi under i Miscellaneous Business lao maolek sa esta un relay i message. Parehu lokkue ginen todu i miembro ya hayi malago' mu comment later on under miscellaneous. The Chair recognizes Floor Leader Pete P. Reyes. Floor Leader Pete P. Reyes: Thank you Mr. President. I will reserve my comment until we get to miscellaneous business. President Paul A. Manglona: Okay, so we are voting on Senate Resolution No. 17-45. 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: Mr. President, I move for the adoption of Senate Resolution No. 17-46, “To recognize the CNMI Women’s Association, a non-profit organization for their unwavering public service in making the CNMI a better place for its residents.” Seconded by several members. President Paul A. Manglona: Is there any discussion? Several members voiced, “ready”. President Paul A. Manglona: All those in favor say “aye”.


The motion was carried by voice vote. The Chair recognizes Vice President Jude U. Hofschneider. Vice President Jude U. Hofschneider: Mr. President, I am sorry I am a little slow today but I want to congratulate our distinguish member of the Senate for being part of the Board of Directors. When I went to church two Sundays ago I saw her offering some to the offertory. I commend the members


25

of the Women’s Association who are very active out there conveying the message of their concerns. Us men, we have to watch out because they are very aggressive and keep up the good work Senator. Floor Leader Pete P. Reyes: This is also a Committee of the Whole. Vice President Jude U. Hofschneider: Okay, and also a Committee of the Whole. President Paul A. Manglona: So can we remove her name and just have all the guys sponsor? The Chair recognizes Senator Jovita M. Taimanao. Senator Jovita M. Taimanao: Thank you Mr. President. You know I have no objection to include every male here as a sponsor in this resolution because the women and the men work together. We need the men for your support for us to succeed also. I wish to thank each and every one of you in taking this association seriously because two Saturdays ago they were a selected panelist of women who had really shared the roles in the community as well as how they impact the lives for our people here in the CNMI. Just also to inform everyone that in Rota we have a women’s association called the women in action, WIA. This organization on Rota is very active just like here in Saipan. Instead of calling it an organization here it is called association because it is the umbrella for the women organization. So again, thank you all and when you here invitations offered by the women please make an effort to come so that you know what is going on and how to support the women. Thank you for your support. President Paul A. Manglona: Thank you. Is there any other member that wishes to comment? Several members voiced, “ready”. President Paul A. Manglona: Before we vote, I just want to say that this organization has been very active in civic involvement. As you know, they have several gatherings and meetings regarding immigration issues and submerge land and other issues that are the discussion of the day and have been trying to give us input on this issues that face us every day. We thank Senator Taimanao for your leadership and participation on this membership as well as all the women of the CNMI. The Chair recognizes Senator Juan M. Ayuyu. Senator Juan M. Ayuyu: Thank you Mr. President. I would also like to commend the author of this resolution. However, I just want to ask because she is very much involved in this activity and also to include the issue of men and not only the woman because they are times when women also abuse the husband. Please try to emphasize that so that we can be fair to the men. Thank you. The Chair recognizes Senator Jovita M. Taimanao. S3enator Jovita M. Taimanao: Oh boy Senator Ayuyu, that is a hot topic to hear now. Yes, you are right. It is not only men abusing women it could be vise versa. The women are very much in listening ears and we will know where we fall back and try to work with our spouse or with our men so that we both men and women will be win, win. Instead of men loosing and women will be up there. In another discussion, Mr. President I would also like to mention that with this women


26

association we do have the Vice Speaker, Felicidad Ogumoro and Representative Teresita Santos in this association. The three of us serve as the Board of Directors to support the goals and objectives of this women’s association. Thank you. President Paul A. Manglona: Si Yu’us Ma’ase Senator Taimanao. There is no further discussion. We are voting on Senate Resolution No. 17-46. 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 now move for the adoption of House Joint Resolution No. 17-31, reference to House Communication No. 17-169, “To approve the request of the Office of the Mayor of the Municipality of Tinian and Aguiguan to hire employees deemed as very critical to the delivery of essential services under PL 17-21, Section 602 (a),” so move. Seconded by several members. President Paul A. Manglona: Is there any discussion? If none, Senate clerk, roll call please. The Clerk called the roll on the motion to adopt House Joint Resolution No. 17-31.



Senate President Paul A. Manglona yes President Paul A. Manglona: By a vote of 9-0, the Senate hereby adopts House Joint Resolution No. 17-31. The Chair recognizes Floor Leader Pete P. Reyes. Floor Leader Pete P. Reyes: Thank you Mr. President. I now move for the adoption for House Joint Resolution No. 17-30, under House Communication No. 17-170, “To approve the request of the Director of the Division of Customs to hire employees deemed as very critical to the delivery of essential services under PL 17-21, Section 602(a),” so move.


27

President Paul A. Manglona: Is there any discussion? Several members voice, “ready”. President Paul A. Manglona: Senate Clerk, roll call please. The Clerk called the roll on the motion to adopt House Joint Resolution No. 17-30.



Senate President Paul A. Manglona yes President Paul A. Manglona: By a vote of 9-0, House Joint Resolution No. 17-30 passes the Senate. The Chair recognizes Floor Leader Pete P. Ryes. Floor Leader Pete P. Reyes: There are no more items under resolution Mr. President. President Paul A. Manglona: There being no items under resolution let’s move on to the bill calendar. Floor Leader Pete P. Reyes: Mr. President, I now move for the suspension of pertinent rules to allow us to pass some of these bills on First and Final Reading, so move. Seconded by several members. President Paul A. Manglona: Is there any discussion? Senate Clerk, roll call please. The Clerk called the roll on the motion to suspend pertinent rules.


Senator Pete P. Reyes yes Senator Henry H. San Nicolas yes Senator Jovita M. Taimanao yes


28

Senator Ralph DLG. Torres yes Senate President Paul A. Manglona yes

President Paul A. Manglona: By a vote of 9-0, we hereby adopt the motion to act on bills placed under our Final Reading Calendar. The Chair recognizes Floor Leader Pete P. Reyes. Floor Leader Pete P. Reyes: Mr. President, if I may request for a very short recess. President Paul A. Manglona: Short recess.


And


REPORTS OF STANDING COMMITTEES

NONE

REPORTS OF SPECIAL AND CONFERENCE COMMIITTEES

NONE

BILL CALENDAR

FIRST READING

LEG. NO. TITLE

FINAL READING

LEG. NO. TITLE

H.B. No. 17-71 (Hse. Comm 17-161)

To amend NMIAC Chapter 140-50 to provide for the licensing of foreign trained medical professionals


29

H.L.I. No. 17-2, HD2 (Hse. Comm 17-175) To recall

To amend Article III, Section 11 of the Constitution of the CNMI to authorize the election of an Attorney General

H.B. No. 17-43 (Hse. Comm 17-177)

To establish a CNMI Office of Transit Authority within the Office of the Governor

President Paul A. Manglona: Let us continue with our session. We are still under Bill Calendar. Floor Leader Pete P. Reyes: Thank you Mr. President. Without objection from the members, I would like to make a motion to return House Bill No. 17-71 back to the Committee on Health and Welfare. President Paul A. Manglona: Is there any discussion? All those in favor say “aye”.


The motion was carried by voice vote. President Paul A. Manglona: House Bill No. 17-71 is hereby referred back to the Committee on Health and Welfare Programs. The Chair recognizes Floor Leader Pete P. Reyes. Floor Leader Pete P. Reyes: Thank you Mr. President. I move for the approval of the request from the House of Representatives to recall House Legislative Initiative No. 17-2, HD2. This is on the Election of an Attorney General, so move. President Paul A. Manglona: Floor Leader, can you state your motion again, please? Floor Leader Pete P. Reyes: The motion is to approve the request of the House of Representatives to recall House Legislative Initiative No. 17-2, HD2, the bill authorizing the election of an Attorney General, so move. Seconded by Senator Jovita M. Taimanao. President Paul A. Manglona: So basically, the House has voted to recall House Legislative Initiative No. 17-2, HD2 and the Senate in its vote today will approve the motion to give it back to the House. Is there any discussion? Several members voiced, “ready”.


30

President Paul A. Manglona: Senate Clerk, roll call please. The Clerk called the roll on the motion to recall House Legislative Initiative No. 17-2, HD2.



Senate President Paul A. Manglona yes President Paul A. Manglona: By a vote of 9-0, the Senate hereby approves the motion to approve the House recall of House Legislative Initiative No. 17-2, HD2. The Chair recognizes Floor Leader Pete P. Reyes. Floor Leader Pete P. Reyes: Thank you Mr. President. Again, I ask the members to just correct the word tansit to transit as I understand this is the term. I now move for the passage of House Bill No. 17-43, “To establish a CNMI Office of Transit Authority within the Office of the Governor,” so move. Seconded by Vice President Jude U. Hofschneider. President Paul A. Manglona: Is there any discussion? Several members voiced, “ready”. President Paul A. Manglona: Senate Clerk, roll call please. The Clerk called the roll on the motion to pass House Bill No. 17-43.



Senate President Paul A. Manglona yes


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President Paul A. Manglona: By a vote of 9-0, the Senate hereby passes House Bill No. 17-43 on Final Reading. The Chair recognizes Floor Leader Pete P. Reyes. Floor Leader Pete P. Reyes: Mr. President, I move for the passage on Final Reading, Senate Bill No. 17-65, reference to Rota Airport naming, so move. President Paul A. Manglona: Is there any discussion? Several members voiced, “ready”. President Paul A. Manglona: This is Senate Bill No. 17-65, naming the Rota International Airport, Benjamin T. Manglona International Airport. Senate Clerk, roll call please. The Clerk called the roll on the motion to pass Senate Bill No. 17-65.



Senate President Paul A. Manglona yes President Paul A. Manglona: By a vote of 9-0, the Senate hereby passes Senate Bill No. 17-65 on Second and Final Reading. The Chair recognizes Floor Leader Pete P. Reyes. Floor Leader Pete P. Reyes: Mr. President, I move for the passage of Senate Bill No. 17-69 on Final Reading, reference to the pro rata basis on scholarships, so move. Seconded by several members. President Paul A. Manglona: Is there any discussion? The Chair recognizes Floor Leader Pete P. Reyes. Floor Leader Pete P. Reyes: Not to discuss this Mr. President, but just to ask if I could co-sponsor the bill.


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President Paul A. Manglona: No objection and again I believe Senator Torres as well as other members, I have no objection so Senate Clerk, please let the record reflect that. Senate Clerk, voting on Senate Bill No. 17-69, roll call please. The Clerk called the roll on the motion to pass Senate Bill No. 17-69.



Senate President Paul A. Manglona yes President Paul A. Manglona: By a vote of 9-0, the Senate hereby passes on second and Final Reading Senate Bill No. 17-69. I just want to point out that the Scholarship Office fully supports this in our discussion yesterday. The Chair recognizes Floor Leader Pete P. Reyes. Floor Leader Pete P. Reyes: Thank you Mr. President. I move for the passage on Final Reading, Senate Bill No. 17-68, reference to the Educational Tax Credit, so move. Seconded by several members. President Paul A. Manglona: Is there any discussion? The Chair recognizes Vice President Jude U. Hofschneider. Vice President Jude U. Hofschneider : I think this is very timely and I want to commend the Senator, Senator Juan Ayuyu for a very timely piece of legislation and I hope that if we do pass it here, I am asking for your support here and if it does pass here in the Senate, I want to ask the House to consider this as it refers to taxes and be very well be going to revenue. As we all know what the ETC law mandates now. So again, I want to thank the Senator for a very pro-active plan. Thank you. The Chair recognizes Floor Leader Pete P. Reyes. Floor Leader Pete P. Reyes: Mr. President, I have mix feelings about the bill. I am very concerned that because there are a lot of schools that are dependent on receiving most of the tax credit from individuals who are willing to give the schools in order not to increase tuition fees. I am also cognizant of the fact that, at a time when the tax credit could go to the general fund and assist in the funding of operations in government, is just as critical. I guess that is the mix feelings that I have with reference to having to suspend this. I am reasonably assured that the suspension is not


33

permanent and I hope that the suspension of this is going to be very temporary in nature and that we can go back again and I am hoping…. if we can go into short recess Mr. President. President Paul A. Manglona: Short recess.


And


President Paul A. Manglona: Thank you. Let us go back to our plenary session. Before we recessed there was a motion on the floor for the passage of Senate Bill No. 17-68, on the temporary suspension of the ETC during the periods of Government austerity. It was seconded. Is there any further discussion? Several members voice, “ready”. President Paul A. Manglona: Senate Clerk, roll call please. The Clerk called the roll on the motion to pass Senate Bill No. 17-68.

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

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

Senate President Paul A. Manglona yes

President Paul A. Manglona: By a vote of 7 yes, 2 abstaining, the Senate hereby passes on Second and Final Reading Senate Bill No. 17-68. The Chair recognizes Floor Leader Pete P. Reyes. Floor Leader Pete P. Reyes: Thank you Mr. President. I now move for the passage on Final Reading, Senate Bill No. 17-67. Seconded by several members. President Paul A. Manglona: Is there any discussion?


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Several members voiced, “ready”. President Paul A. Manglona: Floor Leader, can you please read out the title of that bill? Floor Leader Pete P. Reyes: The title Mr. President is the double custody lock to poker machines. President Paul A. Manglona: Okay, the requirement to put double padlocks. Is there any further discussion? Senate Clerk, roll call please. The Clerk called the roll on the motion to pass Senate Bill No. 17-67.

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


Senate President Paul A. Manglona yes President Paul A. Manglona: By a vote of 8 yes, 1 abstaining, the Senate hereby passes Senate Bill No. 17-67 on Second and Final Reading. The Chair recognizes Floor Leader Pete P. Reyes. Floor Leader Pete P. Reyes: Mr. President that is all we have on calendar. We now move to item “P”. President Paul A. Manglona: Okay, Petitions, Memorials and Miscellaneous Communications.

PETITIONS, MEMORIALS AND MISCELLANEOUS COMMUNICATIONS:

1. Misc. Comm. No. 17-154: February 28, 2011 – CNMI State Board of Education

and PSS presented a copy of the History of the Mariana Islands to Partition.

2. Misc. Comm. No. 17-155: February 28, 2011 – PSS submits its FY 2012 Budget.

3. Misc. Comm. No. 17-156: March 07, 2011 – Senate President Manglona to Governor Fitial addressing concerns n 702 CIP.


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4. Misc. Comm. No. 17-157: March 07, 2011 – FY 10 Annual Report for the Zoning Board.

5. Misc. Comm. No. 17-158: March 01, 2011 – Remittance for APIL annual

membership contribution to APIL’s 2010-2011 term. 6. Misc. Comm. No. 17-159: March 04, 2011 – Notice of Open Season Group

Health Insurance Program. 7. Misc. Comm. No. 17-160: Economic Restoration Summit – March 22nd – 23rd

– Saipan World Resort.

8. Misc. Comm. No. 17-161: Northern Marianas Trades Institute placing of local residents in jobs.

9. Misc. Comm. No. 17-162: March 23, 2011 - OPA on the final report on the audit

of the CPA’s travel practices from October 1, 2004 thru March 31, 2008. 10. Misc. Comm. No. 17-163: March 22, 2011 – Office of the Attorney General

Opinion on the Constitutionality of Section 602 of PL 17-21. 11. Misc. Comm. No. 17-164: March 28, 2011 – NMI Retirement Fund proposed

amendment to House Bill No. 17-174 to modernize NMIRF investment law.

President Paul A. Manglona: Is there any comments? I just want to ask the members to please read the Miscellaneous Communication No. 17-156. It is actually a letter that I wrote to the Governor about a month ago and this is with regards to how we handle CIP 702 funding in particular. It concerns me because if the Government does not do a good job in managing our 702 funding it means loss of millions of dollars because as you know every year we get in the range of nine to twelve million dollars that is guaranteed to the CNMI. We are competing for this additional one, two or three million dollars with other territories such as Guam, Virginia Islands, and American Samoa. To be competitive you need to manage these CIP projects expeditiously and efficiently and this is not to mention about the need for this infrastructure projects. This is something that I was going to bring up in our discussion with the Governor Monday but because we had so many things in our agenda I chose to discuss this in another meeting but it’s something that I am going to ask each member to seriously think about this what can we do and I am thinking of some kind of legislation, I have something in mind but I am going to ask the members to come together on this issue because I don’t know how long we can continue to put this aside. It is an area in the Government that we really need to put a lot of our energy and focus because one, two or three million is a lot of money every year. If you know that the expense or the cost of hiring project managers can be paid out of this funding, in other words it doesn’t cost the CNMI Government a penny to hire additional man power, additional experts to help us manage our CIP projects. I am thinking also along the line with what Guam is doing. Guam, I understand contracts out these services and as a result they have been managing these 702, it’s not called 702 on Guam but its capital improvement projects none the less from the interior and they have been getting better grades especially American Samoa. We need to really come up with a legislation so that we don’t just do a good job this two three years and then we are back to square one. We need to be consistent and for that reason I ask the help of every member to bring this up with the House and with the Governor and the Administration on how best we can


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manage our 702 funding. I don’t want to belabor the issue. I am just going to ask that this is something we can bring up on our leadership meeting. Is there any other member? The Chair recognizes Senator Ralph Dlg. Torres. Senator Ralph Dlg. Torres: Thank you Mr. President. Just to enlighten the members on our trip to DC regarding the health issues. We brought up numerous issues but I would like to bring one issue up to the committee and the community as well is that for numerous years public health have tried to build a health center in Kagman. Through our good Congressman Kilili’s Office, they were able to get an eighty thousand dollar grant to apply for the Kagman Health Center and so during our meeting we had a favorable result that either late spring or early summer they will be giving us the approval of the grant. I believe it’s about six hundred thousand and as soon as that is given the approval of the grant then Kagman will have their own health center. I would like to just echo that success and I would also like to thank the public health for meeting the deadline on the grant. The second part is loan repayment program. I believe it was last year we had numerous doctors and nurses from the military, Department of Defense who came here for humanitarian purposes and we are trying to see if we can welcome them to come in a quarterly basis. That will be the humanitarian health service. Now the loan repayment program it’s through the health services where doctors get the availability if they come to work here in the CNMI, a portion of their loan will be paid through federal grants if they decide to come here and further their practice here. That is one that the committee would like to aggressively see if we can get those doctors here. The other thing that I would like to inform the committee members that regarding the health program, the insurance, the Obama Health Care Act, the insurance are mandated to cover up to twenty six years of independent and also one of the most critical part is that it’s a no life time limit. We would also like to meet the insurance commissioner and will be looking forward in the coming week or so and invite them in so they can let us know how far the insurance company’s here in Saipan meeting that requirement. Thank you. The Chair recognizes Vice President Jude U. Hofschneider. Vice President Jude U. Hofschneider : Guaha ha sangan si Senator Torres, I guess a concern with the cost issue with the government in this case we are the client of that. I am not sure how does that factor in, probably the provider is asking the government to pay more just to cover up to twenty six because other health insurance provider cover without us, as a matter a fact my health insurance coverage right now is cheaper and they still cover up to twenty six and they cover dental and its much cheaper than the government health insurance program, AETNA in this case. It is a very good issue to tackle and hopefully AETNA will reconsider their stands or in this case the GHLI can bring back AETNA to the table and see if they can allow this care act to be implemented here to be adopted into the government employees and their families. Mr. President, can I just touch base on a couple of other stuff and I want to thank Senator Torres for kind of waking up the issue but as everybody knows we submitted our Senate report to the Chairman of Natural Resources Fisheries and Insular Affairs and he was very much aware of our issues here but everyone knows too that it’s a republican house and a democrat senate so at the time when we submitted it, they accepted it. Then I received an email from the senior staff member of the US Senate, Allen Stayman. Everybody knows Allen. In his messages, he was not really sure if the was going to act on some form of immigration policies now in this legislature because of a split in the partisan leadership. I just want to point that out Mr. President. I would gladly show you guys the email I got from him for our reference. I also want to mention, just a couple of days ago the Chair, Mr. John Fleming, we submitted the report and the good Congressman, Congressman Kilili will be scheduling a hearing on the 110-229 because Ms. Napolitano indicated on her testimony to the then Chair, Rahall I believe that she will be coming up


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with the contract worker regulation on the first quarter of 2011. We are working well into second quarter already and we still don’t have the CW regulation. Because of the uncertainties of the employee’s fate and the guest workers, the alien workers plus the inability to plan for businesses it put a damper on the movement ahead and there is no certainty now to plan ahead is what these business operators here are confronted with. Perhaps Mr. President, we can communicate with the Congressman Sablan’s Office and the be apprize with such hearing and perhaps invite the Chamber of Commerce from Saipan and, of course, Rota and Tinian. They do have a Chamber of Commerce there, HANMI and all that because these are the people that are most affected right now with the absence of a CW regulation. I am pointing that out. I want to also extend my report with my meeting with the Department of Transportation. We met with Joanne Turner, the Deputy Secretary of Transportation. She handles Governmental Affairs and also a couple of gentlemen there from the one that directly works with the lady from Hawaii that handles this region here. I am sorry, I don’t have their names off the top of my head, but one of the things that sticks out is we ask for more funds but they said they are cutting back so that is the bad news. The good news is we can use the Federal Highway money to purchase a surface vessel like a ferry and they can fund it and also build the terminals on each three islands, Rota, Tinian, and Saipan. That is something that we can look into as another mode of transportation to cut cost because right now everybody is just relying on the airlines and when the fuel price goes up the airfare goes up and then everything tends to go up. Let us look into this option and it’s also timely that the transportation department is created here and I hope that the Governor can consider this and sign this so we can all branch out on these potential federal dollars that can come this way to supplement our transportation cost here. Thank you Mr. President. The Chair recognizes Senator Francisco Q. Cruz. Senator Francisco Q. Cruz: Thank you Mr. President. In addition to what the Vice President mention in regards to the Department of Transportation, according to the officials there we can even use that funds to subsidize fuel cost with private vessels that can assist the inter island needs. Thank you, Mr. President. President Paul A. Manglona: Is there any other member? Para bai sangan ha dídide. Sedi yu ya bai kuentos gi lenggua hita. Todu este siha problema ta gi tano ta hu ga’gagao i man ga'chong hu todus parehu ha gi san hilo na guma yan gi san papa na guma na ta kontinua mo’na i bidadata ni maolek ni ma cho'cho'cho hit yan i gobietnu, i atministrasión yan i san papa na guma. Lao unu lokkue na setbienten pupbliku ney ma bo'bota lokkue Marianas nai siña dánkolo ayuduña para hita iyo-ta Congressman Kilili giya Washington DC ya hu ga’gagao i man ga'chong ta gi san papa na guma na ta fan hita man ma'cho'cho yan so Congressman Kilili. Anai man gaige hit gi lagu DC, guaha siha man huyong gi gaseta ya iyo siha man huyong gi gaseta man ma taitaitai gi miembro kongresu giya America. Anai man gaige ham gue mana li’e ham email pot i hemplo ginen unu na ofisina kongresu ney? mana li’e si Congressman Kilili na pues taiguini i sinenten niha i taotao Marianas eyi unu na issue pot este para ta re-evaluate iyo-ta Covenant. Ti hu tungo hafa eyi na House Bill lao pot i hemplo eyu ney? pues kada hafa ta sangan guini ma taitaitai gi lagu. Ya siña ilék-ta na ti afekta hit lao ha dife’fekta hit. Pues nisisita ta fan mana tungo man ga'chong ta gi san papa ya maseha hayi na ma respeta ni taotao ta ya debi ta adahi i palabra ta. Tihun tungo hafa na manera siña ta kombida lokkue i gobietnu ta yan i Lt. Governor ya ta fan hita guini na sinente na maseha dídide guaha problema ta yan si Congressman Kilili debi ta fan ma'cho'cho sa táigue ha ni man hanao hit lagu si Congressman Kilili guaha siha ha keke cho’gue gi parehu gi bandan Labor and Immigration, este bandan Russia, Chinese visa waiver. Sin ayuduña ilék-ku na tisiña ta protehi este ni para na tana siguru na ta kontinua este na notirista gi este siha na lesion pues ma


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cho’cho’cho yan i Department of Homeland Security pot este yan CW, yan todu siha pot immigration yan labor ya ti siña ta alok na seriosu este. Este lokkue bandan foodstamp ha sangani si Congressman Kilili, ilék-ña debi ni ta fan mama disisión guini. Debi ta disidi kao ta ayek táigue na klasin sistema guiya Guam, ilék-ña na yan ta ayek eyi na klansin sistema guiya Guam ilék-ña eyi siha na familia guini kuatro sientos ma risisibi gi mes siña ha ma risibi mas ki ocho sientos gi mes. i para ta tattiyi ha sistema giya Guam. Pues we need to decide enao, ta disidi enao ya ta fan kuentos yan i gobietnu ya enao na debi ta disidi kao ta tattiyi is sisteman Guam. Sa ilék-ña si Congressman Kilili ginen kinse miyón siña ha trenta miyón gi sakkan gi Foodstamp na sistementu kumo ta fatinas enao na disisión. Lokkue guini gi bandan health issue, aktibu guini si Congressman puet este bandan Medicaid, ilék-na si Congressman na este ta’lo yangin man a komprende hit siña ta’lo mas siña ayudu gi Medicaid yan unu lokkue hafachochocho hi eyi para parehu yan Guam ha fa’cho’cho hi eyi siña iyo-ta Medicaid patient man hanao para Philippine. Komu ta posipble enao dánkolo na savings para i gobietnomentu ta. Lokkue este i OIA man gaige gi ofisinan niha gi lagu, si Congressman Kilili works regularly yan i OIA para otro siha na klasin funding ti eyi 702. Gi bandan transportation ha mention ha. Ha’ atan si Congressman Kilili na maseha para hu maribaha i federal highway funding esta matto i tiempo na para ma eximina eyi multiple year funding eyi ma fana’na’an safety lao na siña ha guaha ayudu mas gi bandan federal highway funding maseha tumutunok gi frinkas eyu na programa. Pues giya guahu yangin ta atan este yan mismo gi halom kongresu pot i hemplo man meeting ham yan este na gurupun ni man malago para ma usa i bantalan Tinian para hu ma chule eyi siha i batkon militát ni man gaige Northern California para hu fan ma chule guatu Tinian ya para fan ma salvage ney ya siña ma bende eyi gi China pat manu. gi presente gi lai, lai’n i federát ti siña enao sa ti sinedi i CNMI pues si Congressman Kilili is working yan este siha na miembro siha ni para ma tulaika i lai ya ma pega na siña ma cho’gue Tinian pues taotao Tinian ha pagu ma nananga para hu ma signify hafa ko ma supotta enao. Lao gi halom Kongresu miyu pot visa waiver, pot funding, enao siha bidadaña. I don’t know how to over emphasize este nisisidát na maseha ti ilék-ta ti patidata or ti kandiduta nisisita ta fan ma’cho’cho’ yan si Congressman Kilili sa taimanu para hu pasalista todu este siha na bandan sestimentu gaige gi papa ofisina si Congressman Kilili ni siña ha fikitbu na ayudu yan listo na ayudu man matto magi. pues hu tungo ha na guaha ni muyong gi gaseta este siha ta dispiti siha i dídide na salape i pupbliku lao hu sosoyu lokkue otro miembro na yanggen guaha fondon miyu, guaha tiempon miyu ta bisista lagu, para fa hit ni este pot i gaseta sa ninassoku na gaige lokkue i mayoria patte ni siña man ayuda hit pues mampos esta i pinadesi nu makkat guini gi tano ta yanggen hayi siña pomasehu ya hu fan gagao ayudu ya ayuda si Congressman Kilili meggai na probechu siempre matto magi. Bai na tungo hamyo na i report ni ha presenta i Chairman siña guaha hu mallok ti parehu i pusisiónta yan si Congressman Kilili. Siña megahit i sentimento parehu lao este bahu sangan na pot hita na makkat disisión i maseha man ma kritisisa hit ni taotao ta na para ta na’i FSM lao este gue hu tungo na en ayuda si Congressman ni eyi a kekeplanu para hu introdusi na akto pagu anai iléklék-ña ti yahu para bai siperiao siha i familia pues hana keke guaha lai ni eyu siha man asagua taotao hiyuong ya man atman guini, puet an guaha famagu’on niha siña mana fan local permanent resident. Pues pot eyu pusisiónta ney ni na libianu man i pusisióña ney ti ha gagagao todudu eyi lao ha gagagao polomenus para eyu siha i man gai immediate relatives yan para ayu siha i taotao ta ginen antes na tiempo komu local permanent resident guini ya man bobota by the way gi alacha siha. Para ta fan na halom eyu siha ya guaha siha utro lokkue na category hana fan halom. Pues iyo-ta report en ayuda si Congressman Kilili sa siña ha usa eyu ya ilék-ña cha'miyu man luluhan kongresu umbes i anai manna guaha public hearing siha gi todu tres isla na senadót siha man huyong este na report ya este hu gagagao hamyo este ileleku na munga ma seperao i familia pues na baihu chule lokkue este ya bai na’i dánkolo na Si Yu’us Ma’ase si Senator Jude ha lead este na komitiha yan anai manhanao lagu ya guiya mu lead i ma presentan este na


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report ya hu na’na’i lokkue bai chule este na opottunidát bai na’i Si Yu’us Ma’ase si Congressman Kilili pot i maolek iyo na leadership. Guaha otro miembro malago komentos pot este? Este ha. The Chair recognizes Vice President Jude U. Hofschneider. Vice President Jude U. Hofschneider : Dinanchi hao ni enao ya taya parehunia eyu, nothing compares to eyu manao hao guatu ya man a li'e hamyo face to face verses you know just any email or anything. It is best that you go there. Unfortunately, we can never change our geographic location. We are always going to be ten, fifteen thousand miles away and its costly to go there so when we get there we want to maximize our trip and not only on just one issue but on everything else. Of course every time we make a trip guatu ma kritisisa hit Mr. President. Dinanche ha eyi ta maximize i binisitata guatu ya ta pacha todu este na manera ya guahu ileleku ta kompida lokkue i miembro mu fatitinas disision hu fan hanao lokkue guatu komu hafa na asunto lokkue ta cover. Hafa na komiteha malago hu ma check ko bandan power plant pat hafa hu ma check guatu lokkue ya hu fan ma’maisen ayudu sa eyi guatu man matitinas disision para hita primary para hita guini magi so enao ha. Thank you. The Chair recognizes Senator Luis P. Crisostimo. Senator Luis P. Cr isostimo: I do want to commend the four gentlemen that went to D.C. When we go to the State Capital it’s always our feeling that we continue the proactive approach with Congress and knowing that most of the members that left this last time are Republicans and the Republican control Congress help -- can’t help our Delegate because the Delegate is not in the party that rules the Congress, the lower house. I just want to tell you that I also talked to the Chairman, Immigration. i Chairman ti a supotta ni hafafaha sa bulania probleman ni'a kini hita. There are faced with greater challenges than us. So are they going to piggy back their problem or are they going to piggy back our problem. So I guess by you guys going there and continue to work with Congress, eventually we will come to a meeting ground. I tried to go to D.C. with these other Senators but unfortunately, I do not have the funding and I hope that Congressman Kilili can give us more money not just for education but even for I guess the policy makers. Because they can hear us too you know. I know Samoa gets transportation subsidy for flights from Samoa to Hawaii because they have a lot of Samoan community in Hawaii and they work hard to getting these funds. Working with U.S. Congress will bring us fresh revenue resources. Thank you. The Chair recognizes Floor Leader Pete P. Reyes.

MISCELLANEOUS BUSINESS

Floor Leader Pete P. Reyes: Mr. President, I guess we are under Miscellaneous Business. Two things I want to raise Mr. President. First, let me congratulate those that went to D.C. I am defending them. I feel that it is necessary for some of the leaders to go to Washington D.C. and meet face to face with the policy makers that actually affect our lives here. Decisions that are made in Washington affect the lives of our people in the Commonwealth. I applaud the members that went to D.C. I wished I had enough funds to go with them, but I stand up to defend the trip and the cost that is associated with the trip, because I feel it is necessary. Not only because, we came to grip with the problem that we have here and that we intend to do something about it and we bring that report to inform the people that makes decision in Washington, that we are united in supporting some of our


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nonresident workers that are here. Secondly, Mr. President, I want to commend the staff of the Legislative Bureau and the members that are here. I know that some of the members were off island and were unable to be present, but their support and the best interest of the fundraising activity were in their hearts The show of support in providing fundraising activity Mr. President, for our brothers and sisters in Japan, who are victims of the earthquake and the tsunami, goes along way for the CNMI to demonstrate its efforts to raise the funds to send to Japan. I want the members and everyone to know that the collections that was made, even if it was not very significant, because it was not a lot, it goes a long way in expressing to the people of Japan, that we are ready to rise to the challenge, despite the economic situation that we are faced in the Commonwealth. We find that there were a lot of people actually making sacrifices to support Japan’s victims of the earthquake and tsunami. I also want to inform the members that Senator Jude has a plan to get the staff together. I don’t know if this is premature to mention, but just to show appreciation for all the work and the effort that was put out, because many of these expenses came out from the pockets of the members of the legislature and from the staff of the Legislative Bureau and they are not asking to be compensated back or reimbursed for the funds that they spent. If I am wrong Vice President, please correct me, but I understand that you plan to set a program where you would bring together all the staff of the Bureau to a barbecue or a get-together so you can demonstrate the appreciation, that we need to give to those people that actually helped out. Mr. President, many of us were jailed for the day. We reached out to many of our friends and relatives to come and bail us out. That particular fundraising program was very successful. The members also know that the President also plans to work with the House of Representatives and set-up a different fundraising program. This is not just last weekend, but we still can also plan for another fundraising to help out the victims in Japan. I want to personally express my deepest appreciation for the many hours that were spent trying to organize and make this event a very successful one. So I thank everyone and hope that we can go ahead and continue looking for ways to help our brothers and sisters in Japan. Thank you. The Chair recognizes Vice President Jude U. Hofschneider. Vice President Jude U. Hofschneider : Mr. President, yahu bai extendi apresiasion para i empleáo i legislative bureau yan todudu i empleáo i members yan i miembro siha ni man ayuda yan man ma na’i yan one way or the other maseha man náigue lao megahit na maseha u’uchan bula man matto yan bula man ayuda gi bandan fanishat na manera. Maseha dos dias menos i preparation ma advice i Senate sumacsess i effort ya malago bai commend i direktót si Glenna yan i staff ni man huyong ya man ma cho’cho. Pagu eyi ha sasangan i Floor Leader, hunggan malago yu, hu propose na bai faisen hamyo ni miembro maseha antes di ta tutuhon este sota ni para ta pass talo i budget antes i uttimo oras. Hu tungo ha na para ta shut down i government. Hu kombibida i House members yan iyo-na staff yan todudu i LB maila ya ta fan daña maseha some time gi May or last part of May and austerity Friday ya ta na’i appresiasion i staff outside the legislative compound sa kada man gupot hit este ha hulo pues man hanao guatu man matachung talo gi ofesta. Mala chugundu enao ya ta na guaha nu gi fino niha ice breaker morale boaster sa makkat pagu i tiempo ya illeku na este siha na empleáo i taotoata parehu ha i members yan i LB ma deserve lokkue rekognision taiguenao. So tarabiha i planu gaigaigi ha guenao hayi malago man matinas rekonmenasion hafa siha na huegu yan seremonias open enao para rekomenasion. Enao ha Mr. President. Thank you. The Chair recognizes Senator Francisco Q. Cruz.


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Senator Francisco Q. Cruz: Si Yu’us Ma’ase Mr. President. Hu tungo ha na mo'fona yu ya nu malago yu baihu add gi ayu finéne’na na i previous iyo-ku statement hu recognize i LB staff malago yu lokkue bai recognize i Senate members hard working staffers ni man participate gi duranten ayu na event. Ya hu gagao i cooperation i staff i members na ta kontinua este na good working relationship yan korpration ni para ta na posipble hafa nu finaisenenta ni members siha ya este ha hu gagao. Si Yu’us Ma’ase para todudu i Director yan i LB staff yan todu i staff I members gi Senate. Si Yu’us Ma’ase. The Chair recognizes Senator Jovita M. Taimanao. Senator Jovita M. Taimanao: Thank you Mr. President. Ti para bai fan na’i appreciation sa esta todudu manayan ma sangan lao siña bai faisen i President ya hu na’i certificate of appreciation para I LB Director yan I staff ginen todu I members I Senate yan todus I staff I Senate ni man participate. Si Yu’us Ma’ase. Vice President Jude U. Hofschneider : Ta pega enao na programa gi ayu May 30 no? The Chair recognizes Floor Leader Pete P. Reyes. Floor Leader Pete P. Reyes: Mr. President yan members, masasangan na guaha na biahi na mandesgusto i empleáo lao bai sangani hamyo na gi weekend todudu i staff manáfa′maolek, mancooperate, manmacho'cho together yan mana’ayuda. Gef na′magof este para ta li′e′ todudu manáfa′maolek yan todu manágofli′e′. Unu ha′ na purpose, para mana′successful i fundraising. So hu na′na′i dánkolo na recognition enao. Si Yu’us Ma’ase. President Paul A. Manglona: Sen magahit enao Floor Leader lao guaha la’lalu na Senadót sa illeknia ayu i bail na price ma base gi iyo-mu weight yan height ya guaha ayu mas guagan ma charge. Likewise I don’t want to lengthen our session. I want to extend my personal appreciation para i director anai ha organize este yan i staff yan of course the members and their staff gi Japan relief effort. Maolek este sa to sort out manera ni siña guaha gi staff senenti gi anai maolek i effort para ta ayuda ayu siha ni manmadedesi Hapon. Ta tungo ha este sa sesso lokkue ta fakcha'i typhoon yan hafa siha ya umbes enao ti siña ta kompara yan ayu i tsunami yan i earthquake victims siha lao ta siente ha enao guiya hita na makkat enao na pinadesi ya in the pass man madesi hit lokkue gi ayudun taotao siha ginen hiyong. Lao hu na’na’i Si Yu’us Ma’ase i Director yan si Senator Jude ta fan a’ayuda gi enao na intension i para guaha mas dinania para iyo-ta staff siha ni siña ta address lokkue si Senator Jovie. Before we adjourn I just want to make a few comments or announcement. One, I know we cancelled the Joint Session for Rota and we will be working with the Speaker to reset that. We hope that we can have a joint session so we can address the lease. I understand the other leases is before us to address so I just ask the Chairman, maybe Senator Torres can take the lead in rescheduling as the Chairman of REDP so we can reschedule a joint session. Unfortunately that was cancelled as there was a planned meeting away from the CNMI regarding a project for Tinian that has been delayed but if not for that we would have pursued the Joint session. i otro I have, I know that you have copies but please make sure that those members that are under the Revenue Enhancement and the Government Efficiency and Accountability Committee this is a joint and House and Senate effort to address the revenue and the enforcement side in trying to look at ways to solve our budget crises to somehow in the next few weeks to get the meetings going so we can assist the Chair of the budget committee. I also look forward to the public hearings, I understand the Chair of Health and Welfare Programs will be conducting public hearing on the health


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corporation within the next week or so. I think that is a very key hearing to hold as our budget hinges on the success of the Health Corporation and also to look into as the Chairman, the issue of the Health Care Reform Act, many provisions there we stand to benefit from. Finally, on the casino issue I think the word is out in the community that the Senate is supporting the casino bill for the Commonwealth. I just want to state that even with the statement of Senator Ayuyu and other members as well that it is very true that we all feel for our people out in the villages in the communities and for those seeking Government services because with the reduce funding all these Government services are now sacrificed and are drastically reduced and more sufferings out in the community. It is very visible everywhere we go so for that reason we are saying that everything has to be on the table but on the other hand though at the moment, we continue to be very much concern with the wishes of the people of Saipan. And the people of Saipan, have spoken several times that they do not want casino on Saipan. I think that is loud and clear from the people of Saipan and we continue to be very much concerned with the votes that have been taken in the past and most recently a few years ago. We will have to continue to work with the House on other revenue ideas and other ways to efficiently run our government but I am happy to say that I am hundred percent in support of a project that’s knocking at the door of Tinian supporting a potential investor that is ready to continue where they left off with the casino project and Hotel Development on Tinian. On one hand while we respect the wishes of the people of Saipan, the people on Tinian have a law on casino and there is somebody knocking and I encourage everyone to support that investor, fifty million dollars, forty million dollars, that is a major, major development for the CNMI. We haven’t seen that kind of investment in years and so I encourage the members to continue to be sensitive to those investors knocking on the island of Tinian possibly on the island of Rota as far as casino investors are concern. Any other member that wish to comment before we adjourn? The Chair recognizes Senator Juan M. Ayuyu. Senator Juan M. Ayuyu: Thank you Mr. President. First, I would like to apologize to all the members for what transpired between me and the reporter of Marianas Variety. I am also glad that our good friend from the Marianas Variety is here with us tonight. I apologize because I was misquoted and I wanted to direct this to our good friend back there that it was completely out of context what I responded to you. I hope that in the future, make sure that what we respond is correct and I don’t want to apologize to any member because I don't owe anybody but because of what transpired. I want to be on record that I never intend to use any member here in the Senate. However, because of unreasonable reporting it happened to me and I want to ask my good friend to make sure the next time is correct on whatever we respond is truly reported on the newspaper. Thank you. President Paul A. Manglona: Thank you. An taya esta otro member, motion for adjournment Floor Leader.

ANNOUNCEMENT

NONE

ADJOURNMENT


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Floor Leader Pete P. Reyes: Thank you Mr. President. I move for adjournment subject to your call. President Paul A. Manglona: Is there any discussion? Those in favor say “aye”.

Several members voiced, “aye”.

President Paul A. Manglona: All opposed say, “nay”. The motion was carried by voice vote.

President Paul A. Manglona: The Senate adjourns subject to the call of the Chair. The Senate adjourned at 9:30 p.m. subject to the call of the Chair

Respectfully Submitted,

Geraldine T. Cruz Senate Journal Clerk

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.

THE SENATE • SEVENTEENTH LEGISLATURE • COMMONWEALTH … · S PECIAL S ESSION, 2011 SJ 17-33...

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