THE SENATE • SIXTEENTH LEGISLATURE • COMMONWEALTH OF … · 2009-12-22 · ADOPTED ON 10/28/09...

ADOPTED ON 10/28/09

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

Senate Journal FOURTH REGULAR SESSION, 2009

SJ 16-39

Second Day Friday August 14, 2009

The Senate of the Sixteenth Northern Marianas Commonwealth Legislature convened its

Second Day, Fourth Regular Session, on August 14, 2009, at 10:50 a.m., in the Senate Chamber, Capitol Hill, Saipan, Commonwealth of the Northern Mariana Islands. The Honorable Pete P. Reyes, President of the Senate, presided. The Clerk called the roll and all Nine (9) members are present. President Pete P. Reyes: With all nine (9) members being present, we have a quorum to conduct business.

READING AND APPROVAL OF THE JOURNAL - NONE

Floor Leader Hofschneider: Thank you, Mr. President. We have none on calendar for today’s session, but I would like to remind the members to please edit or review your journal and send it back to the Clerk to have them ready and put them on calendar for the next session. President Pete P. Reyes: Thank you. So the members noticed that we don’t have our Journal Clerk, she’s on extended leave.

MESSAGES FROM THE GOVERNOR

1. Gov. Msg. No. 16-538: August 10, 2009 – Appointment of Mr. Jerry Crisostimo to serve as a member of the NMI Retirement Fund Board of Trustees to represent Saipan.

2. Gov. Msg. No. 16-550: August 12, 2009 – Appointment of Mr. Edward T.

Buckingham, Assistant Attorney General to the position of the Attorney General.

3. Gov. Msg. No. 16-551: August 13, 2009 – Request to negotiate Post Judgment scheduled meeting on August 24, 2009 at 2 p.m.

4. Gov. Msg. No. 16-552: August 13, 2009 – Copies of resume, statement of financial

interests, and drug test receipt for Mr. Edward T. Buckingham, Assistant Attorney General appointed to serve as Attorney General.

Second Day, Fourth Regular Session SJ 16-39

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interests, and drug test receipt for Mr. Jerry P. Crisostimo, appointed to serve as a member of the NMI Retirement’s Board of Trustees representing Saipan.


interests, and drug test receipt for Mr. Jose L. Itibus, appointed to serve as a member of the Commonwealth Election Commission representing Saipan.

President Pete P. Reyes: Is there any discussion? There was no discussion.

COMMUNICATIONS FROM HEADS OF EXECUTIVE DEPARTMENTS:

1. Dept. Msg. No. 16-80: July 29, 2009 – Commonwealth Election Commission on the certified popular initiative entitled, the “Open Government Act of 2009”.

2. Dept. Msg. No. 16-81: August 10, 2009 – Procurement & Supply regarding the

submission of FY 2009 Purchase Requisitions, Contracts and ITB/RFTP requests. 3. Dept. Msg. No. 16-82: August 03, 2009 – Director of Personnel on the non-tolerance

of sexual harassment policy and procedure manual and the request to update list of departments representatives.

4. Dept. Msg. No. 16-83: August 04, 2009 – CIP Programs on the applicant closeout.

(see attached letter)

5. Dept. Msg. No. 16-84: July 27, 2009 – Office of Disability Policy & Programs regarding lack of enforcement with Persons with Disability Parking Access.

COMMUNICATIONS FROM THE HOUSE:

1. Hse. Comm. No. 16-303: August 04, 2009 – Representative Joseph Reyes letter of

support on behalf of DOCOMO PACIFIC on 3G technology to the CNMI. 2. Hse. Comm. No. 16-304: August 10, 2009 – Reconsidered and passed S.L.I. No. 16-

11, entitled, “Proposing to amend Article VIII, Section 1 of the CNMI Constitution regarding regular general elections.”

3. Hse. Comm. No. 16-305: August 11, 2009 – Transmitting for Senate action H.B. No.

16-208, SD1, HD1, entitled, “To amend 3 CMC § 4972(b)(2)(i) to waive the two year work experience for non-resident nursing graduates of the NMC who are seeking employment at private medical clinics; and for other purposes.”

SJ 16-39 August 14, 2009

4. Hse. Comm. No. 16-306: August 11, 2009 – Filed S.B. No. 16-47, entitled, “To

establish an aquaculture park on the island of Tinian.”

5. Hse. Comm. No. 16-307: August 14, 2009 – Returned without amendments S.J.R. No. 16-13, SD1, entitled, “In honor of the U.S. National Guard and Reserve forces, and recognizing the support provided to them by their private and public sector employers as they serve our country.”

The Chair recognized the Floor Leader. Floor Leader Hofschneider: Thank you, Mr. President. We don’t have any prefiled bills for today’s session. However, we do have couple of resolutions that we are going to entertain on today’s calendar.

INTRODUCTION OF BILLS AND RESOLUTIONS

1. Senate Commemorative Resolution No. 16-07: To express appreciation and recognition to LTC Harry Camacho Blanco for his lifetime accomplishments. (SEN. PETE P. REYES AND ALL MEMBERS – 08/07/09)

2. Senate Joint Resolution No. 16-12: Expressing grave concern on the passage of H.R.

934 on the conveyance of certain submerged lands to the CNMI as that of Guam, the Virgin Islands, and American Samoa; and respectfully requesting an opportunity for an open 902 Covenant negotiation between the Commonwealth Government and the Federal Government. (SEN. LUIS P. CRISOSTIMO – 08/10/09)

3. Senate Commemorative Resolution No. 16-08: Honoring the late Antonio (Tony)

Villagomez Deleon Guerrero and expressing the Legislature’s sincere condolences to his family on his untimely passing. (JOINT COMMITTEE OF THE WHOLE -08/10/09)

4. Senate Resolution No. 16-43: Honoring the memory of the late Dr. Rita Hocog Inos,

expressing gratitude for her many contributions to the community and deepest condolences to her family. (SEN. PETE P. REYES AND ALL MEMBERS – 08/14/09)

5. Senate Resolution No. 16-44: In honor of the late John Taisacan Barcinas and

conveying the Senate’s sincere condolences to his family on his untimely passing. (SEN. PATERNO S. HOCOG – 08/14/09)


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Floor Leader Hofschneider: Thank you, Mr. President. I move for the placement of S.C.R. No. 16-07 on today’s calendar and that is, “To express appreciation and recognition to LTC Harry Camacho Blanco for his lifetime accomplishments.” President Pete P. Reyes: May I request the Floor Leader to just make a one motion for the placement of all the resolutions on calendar? Floor Leader Hofschneider: If no objections from the members, I move for the placement of the following resolutions on today’s calendar so move, Mr. President.

1. Senate Commemorative Resolution No. 16-07: To express appreciation and recognition to LTC Harry Camacho Blanco for his lifetime accomplishments.

2. Senate Joint Resolution No. 16-12: Expressing grave concern on the passage of H.R.

934 on the conveyance of certain submerged lands to the CNMI as that of Guam, the Virgin Islands, and American Samoa; and respectfully requesting an opportunity for an open 902 Covenant negotiation between the Commonwealth Government and the Federal Government.

3. Senate Commemorative Resolution No. 16-08: Honoring the late Antonio (Tony)

Villagomez Deleon Guerrero and expressing the Legislature’s sincere condolences to his family on his untimely passing.

4. Senate Resolution No. 16-43: Honoring the memory of the late Dr. Rita Hocog Inos,

expressing gratitude for her many contributions to the community and deepest condolences to her family.

5. Senate Resolution No. 16-44: In honor of the late John Taisacan Barcinas and

conveying the Senate’s sincere condolences to his family on his untimely passing.

President Pete P. Reyes: The motion has been made and seconded. Discussion? Several members voiced, “ready.” President Pete P. Reyes: All in favor of the motion for the placement of those resolutions on calendar for action say, “aye”.

Several members voiced, “aye”. President Pete P. Reyes: All opposed say, “nay”.

The motion was carried by voice vote. President Pete P. Reyes: Floor Leader, on Reports of Standing Committee Reports.

SJ 16-39 August 14, 2009

Floor Leader Hofschneider: Thank you, Mr. President. We have three on today’s agenda.

REPORTS OF STANDING COMMITTEES

1. Standing Committee Report No. 16-66: August 14, 2009 – From the EAGI

Committee reporting on the appointment of Mr. Jose L. Itibus to serve as a member of the CEC.


Committee reporting on the appointment of Mr. Jerry P. Crisostimo to serve as a member of the NMI Retirement Fund Board of Trustess.


Committee reporting on the appointment of Mr. Edward Buckingham to serve as the Attorney General.

President Pete P. Reyes: Thank you, short recess.

SENATE RECESSED AT 11:00 A.M.

AND

RECONVENED AT 11:01 A.M.

Floor Leader Hofschneider: Thank you, Mr. President. I move for the adoption of Standing Committee Report No. 16-66 - Reporting on the appointment of Mr. Jose L. Itibus to serve as a member of the Commonwealth Elections Commission. President Pete P. Reyes: The motion has been made and seconded. Discussion?

Several members voiced, “ready.” Being no discussion, the Chair asked the Clerk to roll call. The Clerk called the roll on the motion to adopt Standing Committee Report 16-66.

Senator Luis P. Crisostimo yes


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Senator Paterno S. Hocog yes Senator Jude U. Hofschneider yes Senator Paul A. Manglona yes

Senator Felix T. Mendiola yes Senator Joseph M. Mendiola yes Senator Maria Frica T. Pangelinan yes Senator Henry H. San Nicolas yes Senate President Pete P. Reyes yes President Pete P. Reyes: With Nine (9) members voting “yes”, Standing Committee Report No. 16-66 is hereby adopted by the Senate, and by that adoption, Mr. Jose L. Itibus is hereby confirmed to serve as a member of the Commonwealth Elections Commission. Floor Leader, recognize. The Chair recognized the Floor Leader. Floor Leader Hofschneider: Thank you, Mr. President. I move for the adoption of SCR 16-67 reporting on the nomination of Mr. Jerry P. Crisostimo to serve as a member of the NMI Retirement Fund Board of Trustess.

Several members seconded. President Pete P. Reyes: The motion has been made and seconded. Discussion? The Chair recognized Senator Luis Crisostimo. Senator Luis Crisostimo: Mr. President. Just for the record, I want to state that Jerry Crisostimo is my brother and I would like to ask the members if there’s any objection on the members if I can vote. Maybe we can go on a short recess, Mr. President?


AND

RECONVENED AT 11:03 A.M. President Pete P. Reyes: We are back to our session. I recognize Senator Crisostimo. Senator Luis Crisostimo: Thank you, Mr. President and members. Today, I am humble that my brother, an older brother of mine, comes to the Senate for confirmation but I do also want to bring to his attention and the many board members, that we have a lot of retirees that are waiting for their rightful pension and hopefully going into the retirement. I hope that they can make this a paramount in their undertaking and by that, I want to conclude. Si Yuus Maase. Thank you.

SJ 16-39 August 14, 2009

President Pete P. Reyes: Thank you. I appreciate Senator Crisostimo your declaration of a conflict of interest and we move on. Is there any other comment?

Several members voiced ready. The Chair asked the Clerk to roll call. The Clerk called the roll on the motion to adopt Standing Committee Report 16-67.

Senator Luis P. Crisostimo Abstained Senator Paterno S. Hocog yes Senator Jude U. Hofschneider yes Senator Paul A. Manglona yes

Senator Felix T. Mendiola yes Senator Joseph M. Mendiola yes Senator Maria Frica T. Pangelinan yes Senator Henry H. San Nicolas yes Senate President Pete P. Reyes yes President Pete P. Reyes: With Eight (8) members voting “yes”, Standing Committee Report No. 16-67 is hereby adopted by the Senate, and by that adoption, Mr. Jerry Crisostimo is hereby confirmed to serve as a member of the Northern Mariana Islands Retirement Board of Trustees. The Chair recognized the Floor Leader. Floor Leader Hofschneider: Thank you, Mr. President. I move for the adoption of SCR 16-68 reporting on the nomination of Mr. Edward T. Buckingham, Esq. to serve as the Attorney General.

Several members seconded. President Pete P. Reyes: The motion has been made and seconded. Discussion? Before we vote, let me just state for the record that for the last eleven months we are without an Attorney General and that is totally injustice to the people of the Commonwealth. Also for the record, there are people that have submitted oral request for support. I want to mention that Representative Diego Benavente came to the office and asked to support the nominee and I know that one of our Legal Counsel or several Legal Counsels, actually, one used to be the Legal Counsel in the Senate, are also supporting the nominee. To reiterate also the discussion we had earlier and because of the imminent election coming up in November, we are grateful that Mr. Buckingham accepted the nomination considering that this is just a few more months left. Because of this urgency, we need to quickly act to try and put in place a visible Attorney General and I ask the members to please consider that. Thank you. The Chair recognized the Vice President Felix Mendiola.


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Vice President Felix T. Mendiola: Thank you, Mr. President for the opportunity. While I fully endorse Mr. Buckinham on this appointment, I wish to convey that Command Sgt. Major Martin Manglona called me, he’s currently in Guam, that should he be present here, he would have urged all these honorable members to please vote in favor of Mr. Buckingham’s confirmation and so is Dr. Buckinham in a favorable fashion. I wish to reflect on record that those two people aggressively are asking the members to please favorably confirm the appointee for Attorney General. Thank you. President Pete P. Reyes: Any further discussion? Also to go on record, Mr. Ramon Camacho, a member of the Municipal Council, also called and requested the consideration to support the nominee. RB is sitting in the back and I asked the members whether they wish to have Mr. Camacho testify, if not, we move on. Several members voiced ready. The Chair recognized the Clerk to call the roll. The Clerk called the roll on the motion to adopt Standing Committee Report 16-68.

Senator Luis P. Crisostimo yes Senator Paterno S. Hocog yes Senator Jude U. Hofschneider yes Senator Paul A. Manglona yes

Senator Felix T. Mendiola yes Senator Joseph M. Mendiola yes Senator Maria Frica T. Pangelinan yes Senator Henry H. San Nicolas yes Senate President Pete P. Reyes yes President Pete P. Reyes: With Nine (9) members voting “yes”, Standing Committee Report No. 16-68 is hereby adopted by the Senate, and by that adoption officially confirmed the appointment of Mr. Edward T. Buckingham, Esq. to the position of the Attorney General. Floor Leader, recognize. The Chair recognized the Floor Leader. Floor Leader Hofschneider: Mr. President, can we have a short recess?


AND


SJ 16-39 August 14, 2009

President Pete P. Reyes: We are back to our session. Before we went on a short recess, we are moving on Special/Conference Committee Reports. The Clerk voiced none on Special/Conference Committee Reports and moved on to Resolution Calendar. Floor Leader Hofschneider: Thank you, Mr. President. We have four (4) on the Calendar today. I move for the adoption of Senate.Commemorative.Resolution. No. 16-07. Several members seconded. President Pete P. Reyes: The motion has been made and seconded. Discussion? Several members voiced, “ready.” President Pete P. Reyes: All in favor of the motion for the adoption of S.C.R. 16-07 say, “aye”.


The motion was carried by voice vote.

President Pete P. Reyes: S.C.R. No. 16-07 is hereby adopted. The Chair recognized the Floor Leader. Floor Leader Hofschneider: Thank you, Mr. President. I move for the adoption of S.C.R. No. 16-08 - Honoring the late Antonio (Tony) Villagomez Deleon Guerrero and expressing the Legislature’s sincere condolences to his family on his untimely passing. President Pete P. Reyes: The motion has been made and seconded. Discussion? Several members voiced, “ready.” President Pete P. Reyes: All in favor of the motion for the adoption of S.C.R. 16-08 say, “aye”.



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The motion was carried by voice vote. President Pete P. Reyes: S.C.R. No. 16-08 is hereby adopted. The Chair recognized the Floor Leader. Floor Leader Hofschneider: Thank you, Mr. President. I move for the adoption of S.R. No. 16-43 - Honoring the memory of the late Dr. Rita Hocog Inos, expressing gratitude for her many contributions to the community and deepest condolences to her family.

Seconded by Senator Hocog. President Pete P. Reyes: The motion has been made and seconded. Discussion? Several members voiced, “ready.” President Pete P. Reyes: All in favor of the motion for the adoption of S.R. 16-43 say, “aye”.

Several members voiced, “aye”. President Pete P. Reyes: All opposed say, “nay”. The motion was carried by voice vote. President Pete P. Reyes: S.R. No. 16-43 is hereby adopted. The Chair recognized the Floor Leader. Floor Leader Hofschneider: Thank you, Mr. President. I move for the adoption of S.R. No. 16-44– In honor of the late John Taisacan Barcinas and conveying the Senate’s sincere condolences to his family on his untimely passing. Seconded by Senator Manglona President Pete P. Reyes: The motion has been made and seconded. Discussion? Several members voiced, “ready.” President Pete P. Reyes: All in favor of the motion for the adoption of S.R. 16-44 say, “aye”.

Several members voiced, “aye”. President Pete P. Reyes: All opposed say, “nay”. The motion was carried by voice vote.

SJ 16-39 August 14, 2009

President Pete P. Reyes: S.R. No. 16-44 is hereby adopted. The Chair recognized the Floor Leader. Floor Leader Hofschneider: Can we have a short recess, Mr. President.


AND


President Pete P. Reyes: We are back to our session. I recognize the Floor Leader. Floor Leader Hofschneider: Thank you, Mr. President. I move for the passage of S.J.R. No. 16-12 - Expressing grave concern on the passage of H.R. 934 on the conveyance of certain submerged lands to the CNMI as that of Guam, the Virgin Islands, and American Samoa; and respectfully requesting an opportunity for an open 902 Covenant negotiation between the Commonwealth Government and the Federal Government. Seconded by Vice President Felix T. Mendiola. President Pete P. Reyes: The motion has been made and seconded. Discussion? I recognize the Floor Leader. Floor Leader Hofschneider: Mr. President, if I may, in reference to this particular resolution where we recognize the intent of such resolution. I have a little bit of concern regarding our initial stands collectively and with respectfully to our good colleague, Senator Crisostimo. I remember the time when the joint leadership includes the Speaker and the Governor jointly supports the intent of H.R. 934. I am a little bit leery and a little bit of uncomfortable of supporting such resolution when we have that pending right now in the U.S. Senate. I want to ask the author again, Senator Crisostimo, if we can further discuss this or I want to get the indulgence of the rest of the members to see how they want to approach this thing as it remains as a sensitive issue where we are voting this thing will be sending a different contradicting position. With that, I want to open up a discussion to the other members if they wish to do so. Thank you. The Chair recognized Senator Joseph Mendiola. Senator Joseph Mendiola: Mr. President. I am in support of the intent of this resolution because it is merely stating that whatever leftover that the United States Government has done during the war should at least be address and cleanup whatever toxic substance and live ammunition that is within our waters and I wholeheartedly agree with that this is the responsibility of the Department of Defense. The second issue here is that, the liability of the Commonwealth of the Northern Marianas


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on all these relics and ordinances, if we are to be given the authority or granted the right of this area, does the liability of all live ordinances and all unexploded ordinances within the waters of the CNMI as well as any contaminants that was leftover during WWII or the Farollon de Medinilla bombing place will become the CNMI’s liability. These two concerns have to be addressed, at least within the three-mile zone, or if in case the 902 Talks materializes and we get the 200-mile zone. We know, for example in Tinian right now, the harbor still have some unexploded ordinance. You go down to the marina in Tinian and you can see that there is still some broken military vessels that are still in the waterbreak. The military has done nothing to clean that up, or the Department of Defense has done nothing to survey the danger whether there is live ordinances in the harbor or not. The people of Tinian are all surprised a couple of years ago when the Tinian Express was on top of unexploded ordinance in the harbor, so I do agree with the intent of this resolution and I do believe it is the Federal Government responsibility to clean up all contaminants and unexploded ordinance within the waters of the CNMI, be it, the Farollon de Medinilla, the lagoon in Saipan and the places in Tinian. There’s an area in Tinian, we call it (Dump Coke) where the military after the war, all they do is push their bulldozers, their trucks, their broken tankers into that ocean which we call Dump Coke right now. I still believe that that area is still contaminated with war relics and unexploded ordinance, however, there is one sentence here that maybe moot already because it states on Line 7, Page two that U.S. House of Representatives is hereby respectfully requested that prior to their approval of H.R. 934. Unfortunately, the House of Representatives has approved already and it is sitting in the Senate. While I agree with giving the CNMI the three-mile zone exclusive right, I do believe too, that the Federal Government has responsibility on whatever unexploded ordinance, any contaminants and any war relics that are in the water of the CNMI. I support the resolution in its intent; however, I am a little bit concern with the language that is presently in the resolution. I do strongly believe that the Federal Government has certain responsibility in the CNMI, the Federal Government equally has certain rights to let the people of the CNMI know what contaminants are leftover from the war and we should be able to be waived of any liability for any relics, unexploded ordinance or dump sites that they have used during and after the war. Thank you. The Chair recognized the Floor Leader. Floor Leader Hofschneider: Thank you, Mr. President. I definitely agree with the honorable members on their concerns about the unexploded ordinance and the debris or the leftover equipments that were left behind. But, I feel that the CNMI would have more leverage of bringing this issue to the appropriate branch of government, should we get rightful ownership of the three-miles of submerged land. With the presence of unexploded ordnances and other pre and post-war debris, the responsible party is obligated to conduct the necessary clean-up. Currently, in the case of rightful ownership of submerged land, argueably, the CNMI does not own any areas from the low-water mark out to sea (cnmi v US re: submerged land). If HR 934 pushes through and becomes law, then we can have a bonifide argument in bringing the US to court to clean up the garbage that they left behind. I am looking at it this way that it will be wiser for the CNMI to justify our argument if we get a clear understanding as to our ownership of submerged land. Whereas, I recognized the intent of the resolution, as I stated earlier, I am uncomfortable supporting this when I pledged my support for the passage of HR 934 during our previous session. Thank you, Mr. President. The Chair recognized Senator Crisostimo.

SJ 16-39 August 14, 2009

Senator Luis P. Crisostimo: Thank you, Mr. President and members. When you live in Saipan and you live in the Northern part of Saipan, one thing certain that we know that is present in our ocean, in our lagoon and even in the farm land is the war relics. I hope that no disaster will happen to one of our family or visiting tourists that when they are having a barbeque and then they find themselves in proximity of a war ordinance and quite possibly due to the heat excalation a big explosion occurs taking away our visitors and even our family members. We hear a lot of things in trying to possess this back, but I really believe that the Federal Government has long neglected its obligation. When they were cleaning up Marpi, we were wondering what’s the cleaning about; is it for homestead or is it for development and we know that at least that section is a safe zone. Its been sixty some years since our people’s concerns have been neglected and all we are asking the U.S. Congress is one thing -- we are asking for more territory, that’s for sure. The three-mile legislation has passed the Senate although we can ask for seven-miles like that of the other coastal states or territories that have been given more than the three-mile and if we are just to concede on the three-mile, I think it is a wrong undertaking colleagues. As we know, the U.S. Government is really the big government of the land and we are the small government here. If we do not echo our sentiments to them and continue echoing it to them – it is like the American Indians, it took them 200 years to get back their tribunal and their territorial so that they can practice their culture and tradition. The Indians are lucky that the states have miles and miles of wilderness but in the CNMI, Saipan is just a dot, we are actually ocean mass and I want to repeat myself so many times, so one day we will need our ocean to benefit and we will ask a little more than the three-mile. I hope that they know that because even up to today, some congressional leaders that sit in the US Congress, they still don’t know Saipan and we are pleased that now they are coming to visit our island and they are beginning to know where is the CNMI, where is Tinian, where is Rota -- and Guam seems to be an island that they are aware of. I don’t want to go so much off, when I did this resolution, I did this in a manner hoping that we would one day understand that if Senator Jude says that we are going to get it and sue, well, you know, you don’t have to get the submerged land to sue, even within the mountains, the flat land and the coastal area. Not only the submerged land that is in question, but there’s actually war relics all over the place and we ask ourselves, how many more years does the CNMI or the people of Tanapag have to wait to find out that there’s PCB presence in our islands. So all we are asking them is to come and work with us, make us be part in proactively working with our local government and finding solutions for the safety of our people and our islands. Just the thought of the possible leakage of the war ordinances raises questions of the probability of coral bleaching in our oceans and surrounding land. Kuanto nai na destruction ayu para hu yulang talo iyota reef, you know why the tourists are coming here is because the showmanship of our reef, we have a crystal clear reef but down the line, when these corals are destroyed and gone, we might not see it anymore. I am echoing this up to the US Senate and I hope that they can give us more than the three-mile I hope they give us seven-mile and hope that they listen to all these things we are saying and one day we will be given what’s rightfully ours. It is my hope that all of these war ordinances that have been left behind from the war be one day eradicated from our islands so that we can be at peace that our families and our guests will not be are in harm’s way. Our submerged land waters still have a lot of work and I am sure that our CNMI government is looking forward to working hand in hand with the Federal government -- and you know right now, I have some people that are in support of this resolution and I would like you guys, if you want to defer it, I didn’t know that we would be bringing it up this session but I am happy of your receptive attention that we are putting it on the floor today, but I have people that are in support of this and one guy yesterday said, you know a few legislator don’t constitute the CNMI people, one guy told me. A few of those legislators don’t constitute the


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CNMI people so, este que nai debi na ta atan lokue na guaha siha mauleg sina ta chogue lokue nai lao siha lokue ma a atan pasu ta yan hafa bidadata. I have people in support of this and I wish we can put this in a forum down at Multi-purpose and bring up kids so that we can explain, what are the good things,what would be the bad thing. Any action, there’s good and bad and I believe in that. But conceding to the three-mile today, just because that’s the only thing that’s given to us, I think it’s the wrong undertaking and I think colleagues, our Delegate Kilili, he’s a young man, he needs also to feel the sentiments of our people. I am sorry if I take too much time, Mr. President. Thank you. Floor Leader Hofschneider: Thank you, Mr. President. I move for deferment from acting on this resolution and perhaps put it in the appropriate committee so we can call a public hearing on the matter as what the author was suggesting. I want to get the sentiment of the group. Several members seconded. President Pete P. Reyes: The motion has been made and seconded. Discussion? President Pete P. Reyes: You recalled your original motion and amend that motion to defer action. Floor Leader Hofschneider: That’s correct. I am just alluding to Senator Crisostimo’s concern that we should.. President Pete P. Reyes: Can I ask for a short recess?


AND

RECONVENED AT 11:50 A.M. President Pete P. Reyes: We are back to our session. The Chair recognized the Floor Leader. Floor Leader Hofschneider: I am going to go ahead to make an appropriate motion, I move to recall my original motion of passing this joint resolution and instead move to place it under Federal and Foreign Relation Committee for further deliberation on the matter. Seconded by Senator Manglona. President Pete P. Reyes: The motion has been maded and seconded to defer action and refer the resolution to FRIA and seconded. Several members voiced, “ready.”

SJ 16-39 August 14, 2009

President Pete P. Reyes: All in favor of the motion say, “aye”.

Several members voiced, “aye”. President Pete P. Reyes: All opposed say, “nay”. The motion was carried by voice vote. President Pete P. Reyes: S.J.R. No. 16-12 is hereby referred to FRIA Committee. President Pete P. Reyes: Floor Leader, motion for suspension of rules? Floor Leader Hofschneider: Before we go there, Mr. President with the indulgence of the members, I request that all the resolutions bearing the untimely passing three distinguished community members be sponsored by Committee of the Whole as requested by the Vice-President. If there’s no objection? President Pete P. Reyes: Without objection, so ordered. Clerk, please take note. The Chair recognized the Floor Leader. Floor Leader Hofschneider: Thank you, Mr. President. I move for the suspension of pertinent rules and to entertain the items on today’s calendar on final reading. Seconded by several members. President Pete P. Reyes: The motion has been maded and seconded. Several members voiced, “ready.” President Pete P. Reyes: All in favor of the motion to suspend part of the rules, say, “aye”.

Several members voiced, “aye”. President Pete P. Reyes: All opposed say, “nay”. The motion was carried by voice vote. President Pete P. Reyes: Pertinent rule is hereby suspended. Floor Leader Hofschneider: Thank you, Mr. President. I move for the passage of H.B. No. 16-208, SD1, HD1 – To amend 3 CMC § 4972(b)(2)(i) to waive the two year work experience for non-resident nursing graduates of the NMC who are seeking employment at private medical clinics. Several members seconded.


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FINAL READING

LEG. NO. TITLE

S.B. No. 16-39

To amend parts of 1 CMC 9901 ET SEQ., The Open

Government Act of 1992 (as amended)

H.B. No. 16-208,

SD1, HD1,

Hse. Comm 16-305

To amend 3 CMC § 4972(b)(2)(i) to waive the two year

work experience for non-resident nursing graduates of

the NMC who are seeking employment at private medical

clinics

President Pete P. Reyes: The motion is made and seconded. The Chair recognized Senator Pangelinan. Senator Maria Pangelinan: Thank you, Mr. President. There are really two issues here, the first issue is that, we are all very supportive of the educational industry to come here and be established by foreign investors or local investors so that we recruit students from Asian countries because it is suppose to be cheaper to attain their college or academic education here in the CNMI. Hundred percent we supported that and we all believe that is an industry that would thrive here in the CNMI. The second issue is that, now we are going the second step of enticing educational industry to be established here in the CNMI because we want to guarantee them, we want them to make money and profit by encouraging or marketing the CNMI as the place to actually come and do their education because they would be guaranteed the job. This repeats itself again with the Foreign Labor Non-resident Worker’s Act. Amanu nai man gaige hit pago, ta tungo’ ha na tempulario ha na ta nisisita i tempulario na workers, i tempulario na workers ma hold permanent jobs and the bill in itself contradict the statement na ilekna guine na the Department of Public Health cannot hire all the nursing graduates of the NMC every year, thereby leaving many nursing graduates without job opportunities to gain experience. I mean, haye para ta nahi ni gain experience, i taotao huyong pat i taotaota, what incentive does this create to our policy? It doesn’t create, what we should be asking ourselves really is what does it cost us if we do not grant this incentive and how much would it cost us if we grant this incentive? In all honesty, the answer that it is going to cost our local resident the job by granting this incentive and I do not support this bill from the beginning. Thank you. President Pete P. Reyes: Any further discussion? If not, can I ask for a short recess?

SJ 16-39 August 14, 2009


AND

RECONVENED AT 12:25 P.M.

President Pete P. Reyes: We are back to our session. Floor Leader, you still have the floor when we went to recess. Floor Leader Hofschneider: Thank you, Mr. President. I believe I have made the appropriate motion for the passage already and we are ready to vote on the matter. We are under discussion when Senator Pangelinan was discussing. The Chair recognized Senator Pangelinan. Senator Maria Pangelinan: Thank you, Mr. President. I have already made my comment. President Pete P. Reyes: We are voting for the passage of H.B. No. 16-208, SD1, HD1. The Clerk called the roll on the motion to pass H.B. No. 16-208, SD1, HD1.

Senator Luis P. Crisostimo no Senator Paterno S. Hocog no Senator Jude U. Hofschneider abstain Senator Paul A. Manglona no

Senator Felix T. Mendiola yes Senator Joseph M. Mendiola no Senator Maria Frica T. Pangelinan no Senator Henry H. San Nicolas no Senate President Pete P. Reyes no President Pete P. Reyes: With Seven (7) members voting “no”, H.B. No. 16-208, SD1, HD1 is hereby defeated. Floor Leader recognized. The Chair recognized the Floor Leader. Floor Leader Hofschneider: Nothing further on today’s calendar, Mr. President. President Pete P. Reyes: Okay, we move on the Order of Business. The Clerk noted the following:


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PETITIONS, MEMORIALS AND MISCELLANEOUS COMMUNICATIONS:

1. Misc. Comm. No. 16-426: August 10, 2009 – Western Pacific Regional Fishery Management Council re: Managers Finalize Recommendations on Military Impacts on Guam and CNMI Fishing Communities, 2009-2010 Hawaii Bottomfish Quota, Hancock Seamount Groundfish.

2. Misc. Comm. No. 16-427: August 03, 2009 – NMI Retirement drawdown July 31,

2009 ($24,933,748.75). 3. Misc. Comm. No. 16-428: August 03, 2009 – NMI Retirement regarding refunds. 4. Misc. Comm. No. 16-429: August – 2009 – MVA Newsletter for the month June

2009. 5. Misc. Comm. No. 16-430: August 03, 2009 – CNMI Youth Congress Bill No. 11-04,

entitled, “To amend PL 11-75, Sections 2(d),3(c),16(b),(c), and (d).” 6. Misc. Comm. No. 16-431: August 03, 2009 - CNMI Youth Congress Resolution

No. 11-14 – Appreciation to the Presiding Officers of the 16th Legislature. 7. Misc. Comm. No. 16-432: August 03, 2009 - CNMI Youth Congress Resolution

No. 11-15 – Saipan International School’s Boys Basketball Team. 8. Misc. Comm. No. 16-433: July 22, 2009 – Saipan Higher Education Financial

Assistance (SHEFA) re: Preference in Hiring Resident Workforce vs. H.B. 16-264. 9. Misc. Comm. No. 16-434: August 12, 2009 – NMI Retirement vs. CNMI Gov’t

Judgment for Damages and Order rescheduled meeting to Tuesday, August 25, 2009 2:00 p.m. in the House Chamber.

President Pete P. Reyes: Discussion on the communications? The Chair recognized Senator Pangelinan. Senator Maria Pangelinan: Under Miscellaneous Communication, the Governor had already made an appointment for the Task Force to meet to address the Retirement judgment and I was just wondering whether the Legislature is going to take part in that committee? President Pete P. Reyes: Thank you, Senator Pangelinan. The Speaker and I wrote jointly to Retirement Office requesting for a meeting with Retirement Fund to address the issue of the Court Order. They responded that the employee responsible to sit with the Legislature is off-island, so they are requesting for this date to be reschedule. We are looking at the calendar to determine what other

SJ 16-39 August 14, 2009

day, but the Governor went ahead and set it up for the 25th so I think that the Legislature will participate. I ask the members of the Senate to please take note of the date and I invite all of you to participate on this meeting with the Retirement Fund. Senator Maria Pangelinan: On the budget issue, Mr. President, I am hopefully going to complete all the data input for the FY 2010 budget. There are still issues in the distribution of expenditures. The budget that was submitted by the Executive Branch needs updating. There is the issue of the Retirement and the Court Order. There are also other matters that would require more helpful information from the Executive Branch. I continue to look forward to working with the Executive Branch to make sure that services to the public do not suffer and that we arrived at a balanced budget as mandated by the Constitution. Thank you. The Chair recognized the Floor Leader. Floor Leader Hofschneider: Thank you, Madam Chair of Fiscal Affairs Committee. I had an opportunity to meet a couple of times with some of the House members concerning one appropriation bill that we overrode here last session, but apparently it’s no longer the Aetna issue, the Aetna issue is already gone and it is not a hot issue anymore on the matter. The Board of Election is in limbo as far as its funding of that because one of the provision it has something to do what you were saying earlier MPLT apparently, leftover of $200 and some thousand dollars. The Administration is saying that it is no longer there, something like that. Right now, I am not quite sure what the House position on that but we do need to address that. The Board of Election need to purchase the equipments to comply with the Election Law of having the machines for Tinian and Rota for this coming election, so if I recommend, I will volunteer so if need be to try and resolve that matter, it will be very productive because it is an urgent need that we need to address that. Thank you. President Pete P. Reyes: I appreciate you volunteering on that. The Chair recognized Senator Pangelinan. Senator Maria Pangelinan: About tomorrow, are the members going to be participating in the funeral ceremony for the late Dr. Inos? Are we scheduled for that? President Pete P. Reyes: Yes, we have a resolution to present and I ask the members to please be there. Does any member know what time? Senator Maria Pangelinan: My understanding is that the body would be transported to Mt. Carmel Cathedral at 7:30 a.m. and thereon, the ceremony will start before the mass. Any resolution, ceremony from the public would have to occure before 11 a.m., so it will be a continuing program. We need to make sure that we are in the program at certain time period. President Pete P. Reyes: We are in the program and we have to be there at 9 a.m. I was just informed by Ms. Alice Guerrero, that our presentation of the resolution is 9 a.m. sharp and the attire is session attire. I ask the members to be there because this is a very important function of the Senate.


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Senator Paterno Hocog: At the same time, I would like to inform this body that we have received communication from the Mayor’s Office in Rota that the Mayor will be having a Municipal tribute to the late Dr. Rita Inos on Tuesday, as well as, for former DPS Resident Director that just passed away, John T. Barcinas on Wednesday so I presume that maybe in Rota we will be presenting the Senate Resolution as well as the Delegation Resolution in Rota. President Pete P. Reyes: Okay, let me just inform the members that Dr. Inos’ tribute service begins at 8:50 a.m. tomorrow, Saturday. Depart from Borja’s Funeral Home to the Cathedral at 7:30 a.m. The tribute service starts at 9:15 a.m. but actually begins at 9:00 a.m. for the Senate Resolution Presentation of the 16th CNMI Legislature. I think the House also has its own resolution. Mass is at 11 a.m. and at noon departs to Borja’s Funeral Home and then at 2:30 p.m. depart to the airport. Is there any objection to go in recess?


AND

RECONVENED AT 12:35 P.M. President Pete P. Reyes: We are back to our session and I recognize the Floor Leader.

Floor Leader Hofschneider: Thank you, Mr. President. I move for recess subject to the call of the Chair. Several members seconded the motion. President Pete P. Reyes: The motion has been made and seconded. All in favor of the motion say, “aye”.


The motion was carried by voice vote. President Pete P. Reyes: We are on recess subject to the call.

The Senate recessed at 12:38 P.M.

SJ 16-39 August 14, 2009

Respectfully submitted, /s/ Dolores S. Bermudes Senate Clerk

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