THE SENATE • SEVENTEENTH LEGISLATURE • C ORTHERN …future without marijuana by legalizing it,...

Adopted on April 06, 2011

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

Senate Journal SECOND REGULAR SESSION, 2010

SJ 17-25

Twelve Day Fr iday November 19, 2010

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

issued a notice on November 12, 2010, announcing that the Senate of the Seventeenth Northern Marianas Commonwealth Legislature will convene this open and public session. The notice, the official session call, and the session agenda were filed in the Office of the Senate Clerk; released to the media; and posted at the Entrance Halls of the Office of the Governor, House of Representatives, and the Senate, and on the Commonwealth Legislature’s website at www.cnmileg.gov.mp.

The Senate of the Seventeenth Northern Marianas Commonwealth Legislature convened its Twelth Day, Second Regular Session, on November 19, 2010, at 1:58 p.m., on Rota, NMC Room B-2, Rota NMC Campus, Commonwealth of the Northern Mariana Islands.

The Honorable Paul A. Manglona, President of the Senate, presided.

A moment of silence was observed.

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

: I want the record to reflect that Senator San Nicolas of Tinian is excused for today’s session. With eight (8) members being present this afternoon, we have the necessary quorum to conduct today’s session. With us this afternoon are the NMI History and the US Government classes from Rota High School with their teacher Mrs. Elvira Mesgon, who are here to provide testimony on a very critical legislation facing the Senate. I ask the indulgence of the members to adjust the order of business for this afternoon, so we could listen to our students and give them the opportunity to participate in the process of enacting legislation. I would now like to recognize our Floor Leader, so that he could make the appropriate motion of amending our order of business to recognize some of our students here to make comments on legislation.

Floor Leader Pete P. Reyes

: Thank you Mr. President. I would like to also welcome the students. First, because of the Open Government Act, I would like to make a motion to amend our order of business, so moved.

Several members seconded. President Paul A. Manglona

: It has been moved and seconded to amend the order of business. Senate Clerk, roll call please.

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

Twelve Day, Second Regular Session, November 19, 2010 SJ 17-25

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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 absent Senator Jovita M. Taimanao yes Senator Ralph DLG. Torres yes

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

: By a unanimous vote, we have the approval to amend our order of business.

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

: Mr. President, I ask the members to please follow through. My next motion is to include in our order of business the following: House Communication No. 17-100 and House Communication No. 17-101. Under introduction of bills and resolutions, Senate Bill No. 17-46, Senate Bill No. 17-47, Senate Bill No. 17-48, Senate Bill No. 17-49, Senate Bill No. 17-50, Senate Resolution No. 17-30, Senate Resolution No. 17-31, Senate Resolution No. 17-32 and Senate Resolution No. 17-33. I will make the appropriate motion on calendar once we include them on our order of business, so moved.

President Paul A. Manglona

: Is there any discussion? Those in favor say “aye”.

Several members voiced, “aye”.


: All opposed say, “nay”.

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


: Also on resolution calendar, please include on the order of business: House Joint Resolution No. 17-8, Senate Resolution No. 17-30, Senate Resolution No. 17-31, Senate Resolution No. 17-32 and Senate Resolution No. 17-33. On bill calendar, please include: House Bill No. 17-76, House Bill No. 17-107, House Bill No. 17-73, SS1 and Senate Bill No. 17-48, so moved.

Seconded by Senator Jovita M. Taimanao. President Paul A. Manglona


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


The motion was carried by voice vote.


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: Mr. President, with the indulgence and without objection of the members, I would like to skip the order of business and go straight to the bill calendar.

Several members seconded. President Paul A. Manglona





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


: Mr. President and members, I move to suspend the Senate’s pertinent rules so that we can act on the bill calendar and the resolution calendar, so moved.








: Mr. President, I move for the passage of House Bill No. 17-47, HS1, “To allow individuals 21 years old or older to posses, cultivate, or transport marijuana for personal use; permit the regulation and taxation of the commercial production and sale of marijuana to people 21 years old or older; prohibit the possession of marijuana on school grounds, prohibit the use of marijuana while minors are present; amend 6 CMC Section 2114 subsections (c) (13) and (20) and repeal 6 CMC Section 2142 subsection (c) (3).”


: I know no one wants to second it, but we have to second it in order to discuss it.

Several members seconded.

PUBLIC COMMENT


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: Under discussion, I am going to ask the Floor Leader to make the appropriate motion so that we could hear from the students, or anyone in the community, regarding the motion to pass House Bill No. 17-47, HS1 now before the Senate. Floor Leader?


: Thank you Mr. President. I move to rise to the Committee of the Whole so we can accept testimonies from the public and the students, so moved.

Several members seconded.

[The Senate resolved into the Committee of the Whole at 2:07 p.m.]








: At this point the Floor Leader will act as the Chair and would recognize any member from the community or from the students to give testimony or comments on House Bill No. 17-47, HS1.


: Thank you Mr. President. Also, I want to let the public know that anyone in the gallery or the public can testify on this bill. At this time, I would like to recognize any student. Please state your name and what you represent.

Mr. Austin Delos Santos

: Good afternoon Senators. I am Austin Delos Santos and I am against the legalization of marijuana. I stand here before you today to ask you not to pass this bill. These are my reasons: It depletes brain cells which are important to people because their brain cells her body work. There is also the risk of lung cancer. Ask yourself this, would you want to be responsible for the passing of this bill which could affect people in the many ways? If it gets legalized, than the chances of minors getting influence will increase because they will see it every day. Second hand smoke will also affect bystanders. Long term use of marijuana can have negative consequences of a person’s thinking, emotions, and feelings. I know we are in an economic crisis and we may profit from marijuana but what good would it be if our people are getting affected in negative ways. In my opinion, they say that it will decrease crime but I believe it will increase because a person with bad intentions is high will give him or her the guts to do something crazy. Thank you.

Ms. Javil Atalig Manglona: Good afternoon, I Javil Atalig Manglona, a student of Rota High School strongly opposes the legalization of marijuana here in the CNMI. With this drug being a major issue in the community and our learning environment could cause major damage not only to myself but to my fellow classmates. If legalized the drug will fall into the wrong hands and will be used for the wrong purposes. This would cause violence, health problems, and the loss of millions of federal money within our community. Please for the betterment of my generation and the future


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generation vote “no” for the legalization of marijuana here in the CNMI. Thank you, Si Yu’us Ma’ase and have a good afternoon. Mr. Abrahamson Takeshi

: My name is Abrahamson Takeshi. I am a sophomore at Rota High School. I want to give you my position on the legalization of marijuana in the CNMI. First of all, I disagree on legalizing marijuana because it would make our government and community look bad. We were doing fine when marijuana wasn’t brought up to boost our economy. In reality even though marijuana is legalized we as the youth would suffer from this decision. We are trying to stay away from drugs that would affect us and our future generation. If you legalize it, it could affect our community as a family, it will increase our fear of going out in the public and the safety and peaceful environment will be gone. We will be worried whether our family is getting addicted and that’s where our income will go to rather than food. On the other hand, I do understand that marijuana can be used for medication, however do you guarantee that it will be regulated accordingly? That it will not get in the hands of children? I don’t think so, even cigarette and alcohol got into the hands of children. I was brought up learning and understanding that marijuana is dangerous and can kill you, and now we are trying to legalize it. Please don’t confuse us, because I anticipate a bright future without marijuana by legalizing it, it is like opening “Pandora’s box” especially that it can be used for recreational purposes. This is my opinion as a student, youth, and lastly as a teenager. I am against legalizing marijuana and I hoped you enjoy reading my letter. I hope my opinion can help you take that opportunity to help our community. Here’s a tip for you: “Every chapter has a new beginning, every fairytale has a happy ending, and everyday has its own way of telling what will happen and what will be the results of how we live on our lives today.” I am Abrahamson Takeshi and I am against legalization marijuana. Thank you and have a nice day.

The Chair recognizes Ms. Mariah Barcinas. Ms. Mariah Barcinas

: Good afternoon Senate President and members. My name is Mariah Barcinas, a junior attending Rota High School, with a hopeful voice to speak the opinions of many of my peers. I stand before you in regards to the new bill which legalizes marijuana in our Commonwealth. When I first heard the legalization marijuana was also to be used for personal use, mixed negative feelings started running through my heart and mind. I was very disappointed in our leaders who voted to pass the marijuana bill. For medical reasons, yes, I understand. But for personal use? This is not a reason. What makes our leaders strongly believe that the legalization of marijuana will not affect us, children’s future? Yes, you say that the only those at the age of 21 and older are allowed to consume marijuana and cannot consume it in the presence of children, but did it ever occur to you that it will never stop anyone? Marijuana is illegal now and kids still bring it to school. What more if it’s actually legal? This will not stop any child from carrying it. Same rules apply to alcohol, and I am very positive when saying this because I see it for myself that parents or adults are allowing their children, or children in general to drink alcohol. Instead of scolding kids to move away while they are drinking alcohol they encourage them by asking to get them a beer or in so many cases allowing them to join. Also, if marijuana was to be sold it would highly affect the selling of cigarettes the health of our citizens and will allow the exposure of another harmful substance in our community. Why should we let this happen? If marijuana was to be legalized now and our leaders finally open their eyes to the negative effects it has done it would be too late to fix the damage. So let us abolish this bill and work together and smarter to find a better alternative. Thank you.


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: Are there any other students that would like to comment? Let me ask you this, students, is there anyone that supports marijuana? Anyone out there in the gallery? Nobody? I just want the record to show that there is no one here supporting marijuana. Does anyone believe that marijuana can be used for medicinal purposes?

Several students responded with a “yes’. Floor Leader Pete P. Reyes

: It can be used for medicinal purposes right?

Several students responded with a “yes’. Floor Leader Pete P. Reyes

: Okay, but this bill is not for legalizing marijuana for medicinal purposes. This bill is opening marijuana for commercial use. This is something that is a major concern for all the members of the Senate. I am very proud for all you students for coming out here to express your dissatisfaction and your disapproval of the bill. At this time, I would like to open the floor to any of the members to direct questions to the students. Any members? Let me just make sure there is nobody else. If it’s okay, I would like to open the floor to anyone in the community who wish to testify? Step up sir and say your name and proceed with your testimony.

Mr. Dexter Apatang

: Good afternoon Senate President and members of the Senate. My name is Dexter Apatang, I am the President for Dr. Rita H. Inos Junior High School. On behalf of the Teachers Association I am standing here before you guys to oppose the bill. Not all of us are here. There is about twelve of us but only two made it over here. On behalf of them we oppose the bill and we ask that you guys please do not pass this bill. Thank you.

Ms. Marla Barcinas

: Good Afternoon Senate members and welcome to our beautiful island of Rota. My name is Marla Barcinas, I am also here representing the joint TSA for Rota. I am the Vice President for Rota High School and we are also here standing behind our children who are here today to speak on behalf of the marijuana bill. Again, I ask you to please take into consideration what you have heard today with the testimonies of our children because our children are our future. Thank you.


: Anybody else from the gallery? If none and with the permission of the members, I would like to open the floor for members to further discuss this or to ask questions regarding the statements.

The Chair recognizes Senator Juan M. Ayuyu.

Senator Juan M. Ayuyu

: Thank you Floor Leader. Thank you students for coming over and joining this important session today. I know you’re here for a purpose. Basically, I want to ask the students because I know that you guys are all attending Rota High School, in the school, do you see any students getting caught by the teachers or principals bringing marijuana to school?

Several students responded with a “yes’. Senator Juan M. Ayuyu

: So you believe that today the possession of marijuana is illegal, right?

Several students responded with a “yes’.


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: In the event that the Senate passes this bill and the Governor signs this into law, do you feel that there is a guarantee that students will not have the access to marijuana?

Several students responded with a “no’.


: We cannot guarantee that. Because even today, where the law says it is illegal to posses marijuana still young children have the access to the marijuana issue. So members of this body, after hearing all the testimony from the students of Rota High School and also the community members calling my office, I believe that the intent of this bill, to legalize marijuana is not right for the people in the Commonwealth. I believe that our responsibility as elected officials representing the entire Commonwealth, that it is our responsibility to make sure that the safety of our children in the future is well protected. By hearing the students before us, we have a better vision and a better judgment to render on today’s session. Thank you and I ask the members also to please feel the sentiments of our children and ask you to protect their future by opposing this bill. Thank you.

The Chair recognizes Senator Ralph Dlg. Torres. Senator Ralph Dlg. Torres

: Thank you very much. You know it’s amazing how leaders come up and try and do something different in the community. With this marijuana bill, you know I have a four year old son and a three year old daughter, if this passes I don’t want them to grow up in our neighborhood smoking pot freely. Even now, with alcohol it’s kind of difficult but allowing marijuana at their age I am concern and especially with you guys that are easily accessible in and out of stores and restaurants, even harder for you guys. I really feel the need to abolish this all together. We just passed a non-smoking bill in the Sixteenth Legislature and it is to stop smoking in the restaurant because our kids, family members come to the restaurants and eat while someone is smoking. Now we want to allow marijuana? It doesn’t make sense if are to protect our students and our community. I actually want to thank all of you guys, the students that are here. Your contribution you just being here makes me feel comfortable to vote no and I am going to continue voting no. Thank you.

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

: Thank you, Floor Leader. Good afternoon everyone, most especially the students from Rota High School. Based on the records that we have, there are four or five students that spoke today opposing the passage of this bill. I am pretty sure that is a good representation of the majority of students, particularly in Rota. I would also like to recognize the President of the PTA for strongly opposing the bill. When asked by the media what I think about this, I was one of the only members of the legislature to actually provide comments. Needless to say, this is a very sensitive issue. Regardless of the extent to which we may legalize marijuana, we first need to have the know how and be really educated. We also need to be sure that if it’s going to be used for medicinal purposes, that it is used for medicinal and medicinal only. I am glad that you guys came out and gave us more an understanding of how you feel about this because you guys are the future of the CNMI. It is important that we hear the sentiments of the future leaders of the CNMI before making any decisions, especially sensitive decisions like this one. I want to say one more thing before I pass the mic to the others, the score is six – zero and one more defeats the bill, and I am voting no. Thank you.


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

: Thank you Floor Leader. Good morning students of Rota High School, teachers as well, PTA President and Vice President, and everyone in this room. It is rather very hard for me to share my comment at this point of time in terms of supporting or rejecting the bill but I have to make the best decision for you students for our community in the CNMI as a whole. I am a retired school principal and I feel that when students come to me I have to listen to these students in order that the parents work together with the students in the community in the CNMI. Also on my other side of perspective in the Fiscal Affairs, the bill has an intention to assist our ailing CNMI’s economy. At this point of time as we look at the bill itself it has the purpose for personal usage and also regulatory for taxation and commercial production. How many of you students have seen the bill? Or parents? None of you have accessed the bill yet. So pretty much it’s heard and says on the bill. Am I correct on that?

Several students responded with a “yes’. Senator Jovita M. Taimanao

: Okay, I know that the teachers have a very, very positive prospective on the bill. That is why you are here and I heard that the Rota High School held a debate on the pro’s and con’s on the issue of this bill. Is that correct?

Several students responded with a “yes’. Senator Jovita M. Taimanao

: And what was the result?

Several students responded with a “the con’s got it’. Senator Jovita M. Taimanao

: The con’s got it? That I can see because you’re all here. Again, in making a very, very critical decision as now, I would have to say that I am for you students and I listen to how our communities perspective in terms of preventing our young adults into the using marijuana but students please help us. I also need you and we need the community, the parents to help us to find ways to how we can help our CNMI economy. If we cannot be creative and find ways we all know that day by day these are the issues. Our parents, sometimes their paychecks come late. Why, because the cash flow is not there. Please help us find ways if we do not want this bill to go through. Please help us. Write to us, give us some recommendations and ideas and I am very, very happy to share it with my colleagues up here in the Senate. Again, I thank you for coming and sharing your prospective. I want you to know that I am not in support of this bill. Thank you.

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

: Thank you Floor Leader. Good morning students. First of all, I would like to ask has any of you have ever farmed with parents for personal consumption? Can I see hands who have experienced farming any kind of crop, or vegetables?

Several students responded with a “no’. Senator Francisco Q. Cruz: The reason why I ask this is because suppose this bill is passes do you believe that if your parents, your cousin or your family start planting marijuana, your parents will not ask you for their help on watering and taking care of the plant?


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Several students responded with a “no’.

Senator Francisco Q. Cruz

: Do you believe that they will not ask you for help? They will ask you the same as when they plant any kind of vegetable right?

Several students responded with a “yes’. Senator Francisco Q. Cruz

: So eventually, when you start helping you will start learning how to pocket those green vegetation and start smoking them and that will affect the livelihood of the new generation right?

Several students responded with a “yes’. Senator Francisco Q. Cruz

: That is one reason why I am not supporting this because it will damage your career. Whatever your dream is it will be destroyed. I would also like to let you know that I have been a Police Officer for over twenty years and I’ve encountered a situation where minors were involved in this kind of illegal drugs. I feel sorry for this individual because he was also helping his dad. That is his reason why he is involve in smoking because he is learned it from his dad. I don’t see that this is a good idea whether it’s for personnel consumption or medication. It is not a good idea to have this kind bill become law. Not only that, all those federal funds that we are receiving every year, we are going to lose them. If we lose them, we are going to lose employment opportunitis for our people that are working for the federal agencies. These are the reasons why I am not in support of this kind of idea of revenue generating measures. I believe there are a lot of ways to make revenue rather than having this kind of legislation that doesn’t guarantte anything. I am proud of you guys for not supporting this legislation and I thank you for coming.

The Chair recognizes Senator Luis P. Crisostimo. Senator Luis P. Crisostimo: I want to thank the students from the High School as well as the community of Rota. Policy making can be very difficult and challenging in life and usually when the law makers try to do something that they give proper education -- public education pertaining to any piece of legislation that is in motion, sometimes the community becomes reactive. In this case it shows that you guys are reactive but you didn’t read the intent of the bill and what will benefit and what will safeguard some of the things today that are not in the books. I know this piece of legislation is not the best one but I hope that my colleagues will give some opportunity for all the public takes and opinions and so that what you feel will be the right thing to do. Before I went to the states in 1979, I was working at Bank of America, when Bank of America was here. Senator Reyes used to work for Bank of America and he quit when I just got in. Before I went to the states I didn’t even know anything about marijuana. To be on record today when I went to the states marijuana is all over in the corner of the streets, in the colleges on campus as well as the dormitory. It is so sad to say that marijuana are actually grown in the islands like Hawaii, South America, maybe some from Guam, and Saipan was illegally smuggled into the states. By the time it reached the states it became a commodity. And I was able then to even see it, so I said to myself when I come back home that I talk to my parents -- and by the way, my mom is one of the oldest living citizens. She uses marijuana for medical purposes as a form of a pain killers instead of getting pharmaceutical pain killers. The problem with this is only the outlaws are planning the marijuana. I guess the right thing to do and the right thing to pursue in these challenges that faces the Commonwealth is to do the right thing and


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the right thing is if marijuana is to be consumed for medicinal purposes like the state of Hawaii, the state of California, state of Nevada, State of Arizona, and like the other fourteen states that we do it legally. So many people from different states are calling me in to support of marijuana for medicinal purposes. But I say if I am going to support it, it has to be a right thing and controlled so that it doesn’t affect the community. Today, we have a drug called ice, methamphetamines, shabu, whatever it is. The reason that this drug is rapid is because marijuana is probably unavailable and it’s harder to detox and clean. We are challenged. I don’t know about the other the parts of the world but Saipan is hit hard with these drugs and people are calling in and say Senator we have to find a drug so we can shape up our people back to something that doesn’t have other substance and other bad drugs that they take in the streets. Amsterdam is one of the places that legalize marijuana. They are also using heroin and the heron they use on the street is so bad in quality so the government declared heroin use as a rehab for their people that are using the heroin. I want to be mindful to you guys that marijuana might not be good today but in order for us to regulate and put it in a place for people that it will not go out to the schools we have to put a stricter policy and ask the federal government to work with us in its regulations so that we can also enjoy one day the financial benefits legally. I was thinking that if medical marijuana policy was used and we were given this opportunity maybe we can look into the avenues of planning. If the federal views that we should work more proactively, then we should talk more and listen to you guys. I thank you again. These are my comments and I hope you find it to be helpful and when you reach the big cities like Hawaii looking for a job, even the state of Hawaii, marijuana is seven times more expensive that shabu or ice. It just shows that if it’s done right probably people can buy it. I don’t know if we want to benefit from this but we have to work together on this and look into it. We have a government that is in dire need of resources and revenues and I guess we have to see if we can help this government one day and be a part of the economy. What can we do? Tomorrow’s job is yours. We are going to retire we would need your help. I want to conclude by that my colleagues and I thank the Senators for listening to my testimony. I hope that you take this seriously. The outlaws have the marijuana. It’s like the outlaws have the guns illegally. I hope one day that we can make those outlaws have their own marijuana rightfully in a different setting. Thank you. Floor Leader Pete P. Reyes: Before I give the mic to the President to also make a statement, I would like to make mine. House Bill No. 17-47, HS1 is not for medicinal purposes. It is to legalize marijuana and opening up to anybody over the age of twenty one. We are not discussing a bill for medicinal purposes because when that is the case, then my intention will be to address the bill because it is for medical purposes. This is not for medicinal purposes. Can you imagine parents when your children come home looking like zombies because they were smoking marijuana? Can you picture that in your head? Picture you smoking marijuana and then coming to school. A little marijuana content will stay in your system. When people are applying for jobs, one of the requirements is for you to get a drug test. If you drink alcohol and get an alcohol test the next day, it’s not there anymore. It’s gone. In three months, they quit smoking because they need a job, right? So they stop smoking for three months until all the presence of drugs in your system is gone but marijuana is the only substance that stays in your system. What happens and what does it do? It fries your brain. Imagine students a frying pan. You crack an egg and put it in a frying pan and that is exactly what is going to happen to your brain. I also have a law enforcement background. I used to be the chief but now it’s the director of customs. We are responsible to monitor all ports of entry in Saipan, Tinian, and Rota. That is why we bring in dogs to try and detect what humans cannot detect because we worry about the use of marijuana. Despite the fact that we are economically suffering, we cannot afford to legislate the legalization of marijuana and justify that we need the economic opportunity while putting on the line the youths of today. They are the leaders of tomorrow. What is going to happen if this is legalize and many of you reach twenty one and start


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working? This bill says that if you are over twenty one, you can smoke it. Can you imagine what happens if you start smoking? I know, because I served in Vietnam when I was in the US Army. The soldiers were in a war environment and simply, because they missed home and they needed something to do, many used marijuana in Vietnam. It is not justified and you know what happens because I am not going to sit here and tell you that I didn’t need help because I did. I smoked marijuana when I was in Vietnam. You know what it does to you? It makes you forgetful. Many of you who have tried it will testify to this fact. You smoke marijuana and your memory starts to diminish. When you are being introduced to a person and they say, my name is Jack Smith but as soon as you let go of that hand, you forgot the name already. Am I right students? I know you don’t want to admit it but I’m sure that some of you have experimented with this. It’s not good. And though I have mix emotions about marijuana being used for medicinal purposes, I need to be assured that there is going to be a very strong regulation that would control the use of marijuana for medicinal purposes before I vote for it. I think all of you are thinking of going to college. When college bound students, who are beginning to smoke marijuana, sits in a classroom being lectured by the professor, this is what’s going to happen, the students start asking their neighbors or fellow students what did the professor said because they forgot. It affects your memory. I am not making this up students. I have gone through the experience. I am a very good director of customs because I know people that are under the influence. During my term, we have arrested many people because I know how they react. I know when they are using uppers or downers. I know when they are using barbiturates because it displays the same effect as a person who is drunk from alcohol but do not have the smell of alcohol. All these signs are called profiling of people. That is why I was so effective in doing that. I am telling you from experience, it’s bad. I don’t want to come home and have my two daughters greeting me at the door looking like zombies because they are smoking marijuana. Even if they are twenty one years old, I don’t want to see that. So imagine yourself ten years from now, married with children. As parents, can you imagine looking at your children and seeing them stoned out of their mind? Can you imagine you growing up becoming responsible, becoming a business manager or director or resident director of government departments or agencies and seeing employees walking in stoned out of their mind? Can you imagine that? You know we have to strike a balance but foremost, we have to listen to you because you are the future. If we don’t listen to you, then we don’t belong here because we are not representing the interest of our children, our future. We need our future generation to be able to think and not look like zombies because everyone, at some point of time in the future, will depend on you making the right decision. Just like you, looking unto us to make the right decision. We never had this opportunity where we can appear like you did right now on the Senate session or on the House session and speak our mind because if that was available during my time, I will be shaking in my boots because I am going to be so afraid to speak up. That was not the norm during those times. I want you all to know that until such time that we receive a bill that represents the legalization of marijuana for medical purposes, I am voting no on this bill. Thank you. Senate President Paul A. Manglona

: Floor Leader, I forgot to inform the members—just talking about this drug is already making me forgetful. I forgot to tell the members that the students have to leave us by three o’clock, so I want to ask the members to take a vote by three o’clock, but before we do that I would like to recognize the teacher before we make a motion to go back to our session.

The Chair recognizes Ms. Elvira M. Mesgon Ms. Elvira M. Mesgon: Good afternoon, my name is Elvira Mesgon. First of all I just want to apologize for the last minute decision of making my stand on this. In defense of the students, I


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totally understand that we need to be educated in regards to the bill, however, in defense of the students I think the title speaks for itself. We don’t even need to go further within the bill. The fact that it says for recreational purposes it’s point blank. It means its open for anybody above the age of twenty one. One of my students wrote in her letter that I will be submitting later on is that some of the concerns are to boost the economy. We are in support of boosting the economy, unfortunately, I believe that if we were to pass the bill we will be teaching our students or our kids that it’s ok to sacrifice our community, our health, our future generation for money and that is not what I’m teaching my kids. I am teaching them to do it the right way. One of my students said in her letter, Jenita Ogo, she said I rather be jobless than to know and to worry and to be afraid that my family is out there at risk of this drug. Just in defends because I know some of you said that we need to be educated on the bill but I think that the title speaks for itself. Thank you. Senate President Paul A. Manglona

: Thank you. I have to confess I didn’t read the bill myself also but I am voting against it because I am against the thought of possessing, cultivating, transporting marijuana. I didn’t even bother to read the bill, so I am like all of you students. When I see a bill that I don’t like, I just throw it in the trash can. I am ready to vote without reading this bill. Floor Leader, the motion to go back to our session.


: Mr. President, I move to go back to our plenary session.

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

: Is there any discussion?

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

: Thank you. Mr. President, just to be on record, this bill is an intent to legalize and commercialize marijuana in the Commonwealth and I hear the student’s presentation, the community’s presentation and it shows that they are totally against this piece of legislation. I said that I would vote yes on this legislation but hearing them I will vote abstention. I will listen to you and work with you and one day I say if we can do a medical marijuana policy, even the federal government are pushing the states because of the epidemic of other hard drugs. They are asking if medical marijuana can be used for medicinal purposes. This is the federal government funding state and they are writing every week to push for medicinal use of marijuana and it’s federally funded. I have seen it in other states that they introduce and I want to bring to the attention of the members in the community we have enough time to look into another setting or another piece of legislation but not this one and I agree with the community and you guys and I hope that medicinal will be an ideal thing to look into in the future. I want to conclude by that. Thank you.

The Chair recognizes Senator Ralph Dlg. Torres. Senator Ralph Dlg. Torres: Mr. President, just for clarification on how I feel as well. Yes everyone is up to increase the economy by any means but not on behalf of our people, our students and our kids well being. There are a lot of ways to increase revenue. Public Health, let’s go out and penalize business who sells tobacco to the under age, who sells alcohol after ten. Let us focus on a lot of other issues rather than promoting marijuana. In terms of medicinal, how many doctors have came out here in the CNMI or are even here in the nation to come out and say this marijuana bill is good? I don’t see any doctor that came out from Public Health. In fact Public health is making comments that they are totally against it. Loosing ten million dollars of public health funds at this


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moment, we are what? Fifteen, twenty million in deficit for public health? As for myself, I cannot sit here and listen and say it’s for medicinal or especially for revenue generating. It really bugs me when I hear that let’s pass marijuana for revenue generating but yet we don't want to focus on other efforts in solving what is hurting our economy, our people right now. What we are trying to do is bring something that is illegal to our community and say that it’s revenue generating. Imagine if we do this and then we pass the casino? What’s next, prostitution? I’m serious because when we start going out of the provisional intention of bringing other resources, it will force you guys, to come back and help the people. Not too far from now, you guys will be teachers, senators, congressmen and woman and you are going to come back ten years from now and say what we decided all in one was bad and we knew but yet we passed it anyway because its revenue generating. No, I want to make sure that I vote on your behalf. You can’t make that vote. I will! I will make this vote for you guys and I will continue voting no on this. Floor Leader Pete P. Reyes

: Thank you. The motion is to return back to our plenary session.

Seconded by Vice President Jude U. Hofschneider. Several members voiced, “ready”. President Paul A. Manglona

: Those in favor of the amendment say “aye”.





[The Senate rised back into plenary session at 2:00 p.m.]


: By majority vote, the motion to go back to our session is passed and we are back to our regular session. Now we are ready for the vote on House Bill No. 17-47, HS1. Is there any further discussion?

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

: Senate Clerk, roll call please on House Bill No. 17-47, HS1, to allow individuals 21 years old or older to posses, cultivate, or transport marijuana for personal use; permit the regulation and taxation of the commercial production and sale of marijuana to people 21 years old or older; prohibit the possession of marijuana on school grounds, prohibit the use of marijuana while minors are present; amend 6 CMC Section 2114 subsections (c) (13) and (20) and repeal 6 CMC Section 2142 subsection (c) (3).


: On clarification on the motion, the motion is for the passage of the approval of House Bill No. 17-47, HS1 so if you are not in support of this bill, you have to vote no. Thank you.


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: The motion, as was stated, is a yes vote means you approve the passage, and a no vote means you do not approve. Just for clarification, because sometimes the motion is made in a way that it affects the opposite. Senate Clerk, roll call please.

The Clerk called the roll on the motion to pass House Bill No. 17-47, HS1.

Senator Juan M. Ayuyu no Senator Luis P. Crisostimo abstain Senator Francisco Q. Cruz no Senator Jude U. Hofschneider no

Senator Pete P. Reyes no Senator Henry H. San Nicolas absent Senator Jovita M. Taimanao no Senator Ralph DLG. Torres no

Senate President Paul A. Manglona no President Paul A. Manglona

: By a vote of 7 no and 1 abstention, the Senate herby rejects the passage of House Bill No. 17-47, HS1.

The Senate recessed at 3:00 p.m.

And

The Senate reconvened at 3:30 p.m.


: Let us go back to our plenary session. I am going to request that we go back to the reading and approval of the Journals. Is there any objection? If no objection, Floor Leader, the reading and approval of the journal.


: Thank you Mr. President. I move for the adoption of Senate Journal No. 17-15 and Senate Journal No. 17-16, so moved.


: Is there any discussion on the motion for the passage of Senate Journal No. 17-15 and Senate Journal No. 17-16? If there is no discussion, those in favor say “aye”.





READING AND APPROVAL OF THE JOURNAL

1. SJ 17-15 - 2D, 2nd

2. SJ 17-16 - 3D, 2

Regular 09/03/10 nd Regular 09/23/10


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: Messages from the Governor, Clerk.

MESSAGES FROM THE GOVERNOR

1. Gov. Msg. No. 17-264: October 20, 2010 – Executive Order 2010-16 –

Declaration of A State of Emergency: CUC #27.

2. Gov. Msg. No. 17-265: October 25, 2010 – Signed into law H.B. No. 17-37, HD1, SS1, entitled, “To amend 4 CMC, Division 3, Chapter 3, Article 2 by adding a new § 3327 to require certain CNMI offices to provide Notary Services;” became PUBLIC LAW NO. 17-24.

3. Gov. Msg. No. 17-266: October 25, 2010 – Disapproved H.B. No. 17-12, HS1, entitled, “To amend Sick Leave regulations;”and for other purposes.

4. Gov. Msg. No. 17-267: October 05, 2010 – Executive Order 2010-13: Amendment to EO 2010-11, and 12.

5. Gov. Msg. No. 17-268: October 05, 2010 - Executive Order 2010-14: Amendment to EO 2010-11, 12, and 13. (DPL)

6. Gov. Msg. No. 17-269: October 05, 2010 - Executive Order 2010-15:

Amendment to EO 2010-11, 12, 13 and 14. (DPH & Scholarship Office) 7. Gov. Msg. No. 17-270: November 03, 2010 – Disapproved H.B. No. 17-80,

SS1, entitled, “To amend Section 3 of PL 16-17 to give CUC the flexibility needed to partner with the private sector to provide reliable service at efficient rates.”

8. Gov. Msg. No. 17-271: November 15, 2010 – Disapproved S.B. No. 17-40,

entitled, “To prevent CUC from averaging power bills from month to month; and for other purposes.”


: Is there any comments from the members?


: Thank you Mr. President. Again, this is in reference to the issue of the continuous Declaration of Emergency with CUC. Again, I want to point out that they used the manpower crises as the main reason. We need, for lack of a better term, restrictive legislation, such as this bill introduced by Senator Ayuyu and I hope that passing this legislation today would satisfy the need or concerns of the Administration or the Governor to perhaps stream line the regions. I am just a little bit concerned about the state of emergency # 27; it’s a very high number of emergency declarations. I just want to go on record saying that I appreciate the efforts of Senator Ayuyu to sponsor that and I have nothing further on the matter. Thank you.


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: Thank you Senator Hofschneider. Is there any other member that would like to comment under Messages from the Governor?

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

: Thank you Mr. President. I am very concern on the extension of the Emergency Declaration, for CUC # 27. Again, Mr. President I think we have discussed this with some of the committee members that I met with the Director or CUC to discuss the issue of a mandate of granting CUC to hire nonresident technical employees to satisfy one of the Governors Declaration. As much as we want, we want to see that CUC be an independent agency in the future and I hope that series of Declaration under CUC will be stopped by the administration. The other Governors Communication that I wanted to comment on is 17- 271 where they disapprove Senate Bill No. 17-40. Mr. President and members, I think the justification for the disapproval of the bill does not satisfy my intention on my other bill and the co-sponsor of this bill. There are a lot of questions from the CUC side and from the consumer’s side in regards to averaging our bills. There is one mention on the disapproval letter saying that there are times the gates are closed or there are other issues but those are the real facts that this bill proposes. Again, Mr. President I hope that members on our next session can action to override this bill, or maybe we can do it this session. That will be sensible. We need to ensure that our consumers are also protected by overriding this bill. Thank you.


: Thank you Senator Ayuyu. Would you want to make that motion now at this time? You are talking about Senate Bill No. 17-40, Governors Messages No. 17-271? Okay, Floor Leader, can you effectuate the appropriate motion for the override of Senate Bill No. 17-40, under Governors Message No. 17-271?


: Thank you Mr. President. With the consent of the members, I move for the override of Senate Bill No. 17-40, in reference to Governor’s Communication No. 17-271, so moved.

Seconded by several members. President Paul A. Manglona

: It has been moved and seconded. Is there any discussion?


: Senate Clerk, roll call please.

The Clerk called the roll on the motion to override Governors veto on Senate Bill No. 17-40.

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


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: By a vote of 7 yes and 1 abstention, we have the necessary two thirds votes to override Senate Bill No. 17-40. A bill to prevent CUC from averaging power bills from month to month and for other purposes. With the necessary two thirds votes, the Senate has now overridden Senate Bill No. 17-40.


: Mr. President, with respect to the issue of CUC’s requirement for professional and other required employees, I know there have been editorials written by Ms. Ruth Tighe regarding this. My concern here Mr. President and members, and I want, again, to caution the members that as long as we continue to extend every year the hiring of nonresident workers or guest workers for a couple of years for CUC and each time that we ask CUC to come and present this proposal, there is always been justification and commitment that they will train locals to be able to assume these positions and relieve the Commonwealth from the need to perpetuate employment of these foreign workers. I also know that Senator Ayuyu has Senate Bill No. 17-48 to address this issue. I am in support of this bill and that we are going to consider it today on this session. I believe that this will be my last support on any type of legislation for CUC because I am convinced that there is no genuine sincere commitment by CUC to train local workers and until such time that we firm up our position that we mean business, I don’t think that they will ever allow the cross training of locals to assume the positions and will continue to rely on having nonresident workers. This is my comment. Thank you.


: Hu agree yan si Senator Reyes, hu tungo ha na mapedi ta’lo i pusisión-na i CUC yanggen ti ta aprueba ta’lo este para ta eksempta siha kosa ki siña u fan ma konne’ taotao hiyong siempre ta’lo ma hatsa i mita i kandet yan i hanom sa rasón na hita ni lehislatura ti ta aprueba ta’lo i eksemcion ni sigi ha para hu ma kontinua man ma konne’ i taotao hiyong ya parehu ham yan si Senator Reyes ti siña hu tufong kuanto biahi man bota yu lehislacion para ta kontinua mu sedi este para i CUC hu fan ma konne’ taotao ginen hiyong alugat di hu fan ma training taotaota. Hu ma training taotaota siha gi mechanic pat hafa siha na technical field hu fama’ tinas programa. Si Senator Ayuyu ni ha introdusi este 17-48 guaha dos maolek bida-ña ya enao na bai hu supotta este lokkue' para I uttimo na biahi. Si Senator Ayuyu ha pega na pa’go na biahi ha entrega lokkue i mu pudét gi Department of Labor para i Department of Labor hu certify na i CUC ha nesisita este. Gi alacha taya este na probensión ya pa’go ni na’e kompu i Department of Labor. I otro lokkue bida-ña si Senator Ayuyu hana limit ha to fifty percent. Pa’go siña ha man ma konne’trenta na empleáo lao an ma ekstende este para fifty percent ha kinse siña ha ma konne' gi otro biahi ya para un anu ha. Pues bai na siguru ti para ta kontinua ne este na praktika i kada dos anos para ta ekstende este ya I taotaota ti man ma training ti man ma na'e este na opottunidát pues bai faisen si Floor Leader komu siña gi appropriate time hu fatinas motion ya ta place este para final reading calendar at the appropriate time. With that any other member on messages from the Governor? If none, move on to Communications from the Judiciary.

COMMUNICATIONS FROM THE JUDICIARY

1. Jud. Comm. No. 17-16: November 03, 2010 – Proposed amendments to NMI SUPREME COURT RULES OF APPELATE. (60 days deadline – see attached)


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2. Jud. Comm. No. 17-17: November 01, 2010 – Certification for annual salary in

excess of $50,000.00 to Ms. Deanna M. Manglona for $51,300.00 to assist in the Family Court Division.

3. Jud. Comm. No. 17-18: November 01, 2010 – Certification for annual salary in

excess of $50,000.00 to Jordan A. Davis for $51,300.00 to assist in Associate Judge David a. Wiseman.

COMMUNICATIONS FROM HEADS OF EXECUTIVE DEPARTMENTS

NONE

COMMUNICATIONS FROM THE HOUSE

1. Hse. Comm. No. 17-93: October 20, 2010 – Transmitting for Senate action H.B.

No. 17-111, entitled, “To Re-enact the Sex Offender Registration and Notification Laws to comply with the U.S. Department of Justice Guidelines.”

2. Hse. Comm. No. 17-94: November 08, 2010 – Returning with amendments S.B. No. 17-44, HD1, entitled, “To amend 1 CMC § 7831 (d) exempting CUC from contributing to the Office of the Public Auditor.”

3. Hse. Comm. No. 17-95: November 08, 2010 – Transmitting for Senate action H.B. No. 17-107, entitled, “To amend 1 CMC § 432 and for other purposes.” (Rota Public Library Amendment Act of 2010)

4. Hse. Comm. No. 17-96: November 08, 2010 – Failed to override the Governor’s line item veto of H.B. No. 17-123, HD1, SS1, (PL 17-21) entitled, “To make appropriations for the operations and activities of the Government of the CNMI, its agencies, instrumentalities, and independent programs, and to provide budget authority for government corporations for FY 2011; and for other purposes.”

5. Hse. Comm. No. 17-97: November 08, 2010 – Transmitting for Senate action H.B. No. 17-47, HS1, entitled, “To allow individuals 21 years old or older to posses, cultivate, or transport marijuana for personal use; permit the regulation and taxation of the commercial production and sale of marijuana to people 21 years old or older; prohibit the possession of marijuana on school grounds, prohibit the use of marijuana while minors are present; amend 6 CMC Section 2114 subsections (c) (13) and (20) and repeal 6 CMC Section 2142 subsection (c) (3); and for other purposes.”

6. Hse. Comm. No. 17-98: November 10, 2010 – Representative Diego Benavente

on MVA Osaka and Nagoya Air Service.


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7. Hse. Comm. No. 17-99: November 17, 2010 – Transmitting for Senate action H.J.R. No. 17-8, entitled, “To re-establish one (1) FTE for the position of Youth Congress Secretary pursuant to PL No. 17-21, Section 602.”

*****Amended by majority vote to include:

8. Hse. Comm. No. 17-100: November 17, 2010 – Transmitting for Senate action H.B. No. 17-73, entitled, “To amend 4 CMC § 1402(c)(7) thru (13) to remove an unnecessary provision and to grant the Secretary of Finance or his or her designee the authority to classify new products for taxation purposes.”

9. Hse. Comm. No. 17-101: November 17, 2010 – Transmitting for Senate action

H.B. No. 17-72, entitled, “To amend 4 CMC §§ 1401(d), (o), and (p) to make clarifications on the definition of certain taxable commodities.”

COMMUNICATIONS FROM THE WASHINGTON DELEGATE

1. Wash. Del. Comm. No. : 17-19: October 20, 2010 – U.S. Vice President Biden’s request copy of the contract between CNMI Government and IPS, LLC.

2. Wash. Del. Comm. No. : 17-20: October 29, 2010 – Compacts of Free Association. 3. Wash. Del. Comm. No. : 17-21: November 12, 2010 – Small Business Lending

Fund Act of 2010. (US PL 111-240)

UNFINISHED BUSINESS

NONE

PRE-FILED BILLS AND RESOLUTIONS

1. S.R. No. 17-28 – To recognize the career of Major General Francis “Frank” J. Wiercinski, former Commander of US Army Japan and I Corps (FWD), the army unit most likely to respond to the Marianas in the event of a Humanitarian Assistance and Disaster Relief effort. (SEN. PETE P. REYES – 10/26/10)

2. S.R. No. 17-29 – To commend the appointment of Ms. Joycelynn Y. Atalig as the CNMI BOE-PSS Student Representative. (SEN. PAUL A. MANGLONA; SEN. JUAN M. AYUYU; SEN. JOVITA M. TAIMANAO – 11/16/10)


20

INTRODUCTION OF BILLS AND RESOLUTIONS

Amended by majority voted to include:

1. S.B. No. 17-46: To require the CUC pay or credit landowners for easements and takings or permit an affected landowner to use utility services pending the resolution of their land compensation. (SEN. LUIS P. CRISOSTIMO – 11/16/10)

2. S.B. No. 17-47: To establish a fish reserve at Teteto Beach in Rota. (SEN. JOVITA M. TAIMANAO – 11/16/10)

3. S.B. No. 17-48: To amend 3 CMC § 4972 (B)(5) as established by PL 15-108.

(SEN. JUAN M. AYUYU – 11/16/10) 4. S.B 17-49: TO AMEND 4 CMC § 8182 TO REQUIRE CUC TO SET AGRICULTURAL

WATER USAGE RATES FOR COMMERCIAL FARMERS AND RANCHERS; AND FOR OTHER PURPOSES.

5. S.B. 17-50: To amend 1 CMC § 2806 to require the Department of Public

Lands to publish a request for proposal to lease public land before the expiration or after the termination of public land leases requiring legislative approval; and for other purposes.

RESOLUTIONS:

6. S.R. No. 17-30: To recognize Chairman Francisco M. Borja for his contributions to the Tinian Casino Gaming Control Commission and the Island of Tinian.

7. S.R. No. 17-31: To recognize Commissioner Peter Q. Cruz for his

contributions to the Tinian Casino Gaming Control Commission and the Island of Tinian.

8. S.R. No. 17-32: To recognize Commissioner Michael H. San Nicolas for his


9. S.R. No. 17-33: To recognize Executive Director Esther Hofschneider Barr

for her contributions to the Tinian Casino Gaming Control Commission and the Island of Tinian.

REPORTS OF STANDING COMMITTEES

NONE

REPORTS OF SPECIAL AND CONFERENCE COMMIITTEES

NONE

RESOLUTION CALENDAR


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1. S.R. No. 17-28 - Major General Francis “Frank” J. Wiercinski

2. S.R. No. 17-29 – To commend the appointment of Ms. Joycelynn Y. Atalig as the CNMI BOE-PSS Student Representative

3 H.J. R. 17-8 – To re-establish one (1) FTE for the position of Youth

Congress Secretary pursuant to PL No. 17-21, Section 602.”

4 S.R. No. 17-30: To recognize Chairman Francisco M. Borja for his contributions to the Tinian Casino Gaming Control Commission and the Island of Tinian.

5 S.R. No. 17-31: To recognize Commissioner Peter Q. Cruz for his


6 S.R. No. 17-32: To recognize Commissioner Michael H. San Nicolas for his


7 S.R. No. 17-33: To recognize Executive Director Esther Hofschneider Barr for

her contributions to the Tinian Casino Gaming Control Commission and the Island of Tinian.

The Chair recognizes Floor Leader Pete P. Reyes.


: Mr. President, can we go back to the resolution calendar and just dispose of the resolution?


: Is there any objection?

Several members voiced, “no.” 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. 17-28.




: Those in favor 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

: Mr. President, I move for the adoption of Senate Resolution No. 17-29.

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








: Mr. President, I move for the adoption of House Joint Resolution No. 17-8.









: Mr. President, I move for the adoption of Senate Resolution No. 17-30.


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: Mr. President, I move for the adoption on Senate Resolution No. 17-31.









: Mr. President, I move for the adoption on Senate Resolution No. 17-32, “To recognize Commissioner Michael H. San Nicolas for his Contributions to the Tinian Casino Gaming Control Commission and the Island of Tinian.”










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: Mr. President, I move for the adoption on Senate Resolution No. 17-33, “To Recognize Executive Director Esther Hofschneider Barr for her Contributions to the Tinian Casino Gaming Control Commission and the Island of Tinian.”









Amended by majority voted to include:

BILL CALENDAR

FIRST READING

LEG. NO. TITLE

H.B. No. 17-48 (Hse. Comm 17-47)

To amend 4 CMC § 5611 (d) to establish a revolving fund to pay for the National Association of Insurance Commissioners annual membership dues

FINAL READING

LEG. NO. TITLE

S.B. No. 17-44, HD1 (Hse. Comm 17-94) Passed

To amend 1 CMC § 7831 (d) exempting CUC from contributing to the Office of Public Auditor

S.B. No. 17-45 Passed

To amend 4 CMC § 1307 to require taxes on Gross Revenue to be paid on a monthly basis


25

H.B. No. 17-47, HS1 (Hse. Comm 17-97) Rejected

To allow individuals 21 years old or older to posses, cultivate, or transport marijuana for personal use; permit the regulation and taxation of the commercial production and sale of marijuana to people 21 years old or older; prohibit the possession of marijuana on school grounds, prohibit the use of marijuana while minors are present; amend 6 CMC Section 2114 subsections (c) (13) and (20) and repeal 6 CMC Section 2142 subsection (c) (3)

H.B. No. 17-52, HD2, SS1

To add Section 4120 of Title 6 of the Commonwealth Code (THE EXPUNGEMENT ACT OF 2010)

H.B. No. 17-114, SS1 Passed with amendments

To restore the Commonwealth Utilities Corporation’s procurement authority to give the CUC the flexibility needed to partner with the private sector to provide reliable service at efficient rates

***Amended to include:

H.B. No. 17-76 (Hse. Comm 17-54) Passed

To amend 145 NMIAC § 145-20.4-115 regarding the Homestead Permit Process

H.B. No. 17-107 (Hse. Comm 17-95) Passed

To amend 1 CMC § 432 (ROTA PUBLIC LIBRARY AMENDMENT ACT OF 2010

H.B. No. 17-73,SS1 Passed

To amend 4 CMC § 1402 (c) (7) thru (13) to remove an unnecessary provision and to grant the Secretary of Finance or his or her designee the authority to classify new products for taxation purposes; and to amend 4 CMC § 1505 to provide for an exemption of the Gaming Machine Jackpot Tax; and for other purposes.

S.B. 17-48 Passed

To amend 3 CMC § 4972 (B)(5) as established by PL 15-108. (SEN. JUAN M. AYUYU – 11/16/10)


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: We are done with the Resolution Calendar. Under the Bill Calendar, Floor Leader?


: Mr. President, I move for the passage on First Reading, House Bill No. 17-48. This bill is calendared earlier by the amendment on the Constitution, under the Open Government Act, so moved.


: It has been moved and seconded, Senator Taimanao.

Senator Jovita M. Taimanao

: Thank you Mr. President and Floor Leader. On First Reading on House Bill No. 17-48, the reason why I requested for first reading only is that I am still waiting for the Fiscal Committee members to submit their comments in reference of this bill. At this point of time to pass the first reading will be appropriate and then at the next session that will be the time when I will move it to the final reading. Thank you.


: Mr. President, point of clarification here. Senator Taimanao, you are referring to House Bill No. 17-48, right? And that is the one for passage right now?

Senator Jovita M. Taimanao

: No, for first reading.

Vice President Jude U. Hofschneider

: There is some kind of confusion because there is a 17-48 on the Senate side also. Thank you nothing further.


: Any other member? Under first reading House Bill No. 17-48, those in favor say “aye”.






: Mr. President, I move for the passage of Senate Bill No. 17-44, HD1. This is under House Communication No. 17-94, and this bill is, “To amend 1 CMC § 7831 (d) exempting CUC from contributing to the Office of Public Auditor,” so moved.

Seconded by several members. President Paul A. Manglona: We are basically just accepting the House Draft One on Senate Bill No. 17-44. Is there any discussion?


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: Short recess.


: Recess.


And



: We are back to our plenary session after a lengthy recess. Before we begin, I would just like to recognize the presence of our Honorable Mayor of Saipan, Mayor Flores and the Chairman of the Saipan Municipal Council, Chairman Camacho. We thank you for taking the time after the recess from your busy meeting with the other Mayors here on our island of Rota. We welcome you and thank you for all the help you have been giving to our community even if they are not from Saipan. We thank you for all the assistance and the support that you have been giving to all our people. With that we are still under discussion on the motion to pass Senate Bill No. 17-44, HD1, any further discussion?



The Clerk called the roll on the motion to pass Senate Bill No. 17-44, HD1.




: By a vote of 8-0, Senate Bill No. 17-44, HD1, exempting CUC from contributing to the Office of Public Auditor is hereby passed by the Senate on First and Final Reading.


: Mr. President, I move for the passage of Senate Bill No. 17-45, “To amend 4 CMC § 1307 to require taxes on Gross Revenue to be paid on a monthly basis,” so moved.

Seconded by several members.


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: I want to thank the Chairman of the Ad Hoc Committee on Tax Policy and Enforcement for including this in his public hearings and so with that, Senate Clerk, roll call please.

The Clerk called the roll on the motion to pass Senate Bill No. 17-45.




: Before I declare the vote on this, I just want to apologize to Senator Ayuyu. Let me recognize him if he still wants to make comments at this time.


: Thank you Mr. President. I just want to thank also the Ad Hoc Committee on Taxation for including this bill. I understand for the past two sessions that I requested for additional comments and also to see the support from the Department of Finance and especially the Division of Revenue and Taxation. After this hearing, I will see the support from the Department of Finance as well as the Revenue and Taxation and hopefully we can see improvement in our revenue collection in the future. Thank you.


: Thank you Mr. President. I would like to thank my colleagues for supporting this bill as well as the Ad Hoc Committee in bringing this as one of the main discussion during all the public hearings that were conducted in Saipan and in Rota. As I have stated earlier that the intention of the bill is really to assist the collection of our cash flow so that our payroll obligation will be met instead of on a quarterly basis. Once again, I thank my colleagues for your support on this bill.


: Thank you Senator Taimanao. With that I want to declare that the Senate hereby passes Senate Bill No. 17-45 on first and final reading. House Bill No. 17-47 earlier was disposed of by the Senate rejecting it. With that, Floor Leader for House Bill No. 17-52. I am sorry. House Bill No. 17-52, there being no objection, will remain on calendar for the next session. Floor Leader.

Floor Leader Pete P. Reyes: Thank you Mr. President. Before I make the motion Mr. President on House Bill No. 17-114, I am just wondering, what is the similarity of this bill with respect to the bill, H.B. 17-80, that was vetoed by the Governor because that too is a bill that is going to affect privatization and partnership on CUC with the government. I am wondering if any of the member wishes to clarify, what is the difference between this bill and the proposal to amend to partner with the private sector to collect reliable service or have we amended this to respond to concerns of the members?


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: Thank you Floor Leader. I just want to say that I met with the Chairman and asked him for his understanding on placing this legislation House Bill No. 17-114. House Bill No. 17-114 is exactly the same as House Bill No. 17-80, SS1 under Governors Communication No. 17-270 from the Governor. This is a veto message on November 15, 2010. The Governor disapproved House Bill No. 17-80, SS1. Of course, there is another option which is to override 17-180, but I think the House of Representatives is sending a clear message that they will not override the same legislation because they continue to throw another bill out to the Senate under 17-114. So, I will ask the Chairman if we could send a message to the House that 17-80, just like 17-114, should be amended to address the many issues in the past the we are faced with trying to privatize CUC. In the senate’s version, we removed the two hundred and fifty million minimum because we understood all along the difficulty or the obstacle in moving forward. However, I believe that the main issue in the Senate amendment is to require a bidding procedure and that the only way we can get out of this bidding procedure is to have the Attorney General certify the best way is a RFP. Another past issue is the review board. In the past, every time we have a major procurement issue, after months and months of protests, we end up just dropping the whole procurement process. This is all aimed at having a fair level playing field for everyone so we can avoid the protests and move forward with the privatization, which ultimately results in lower utility rates for the entire people of the Commonwealth. The House continues to send bills after bills up to the Senate for the past three months basically abolishing all guidelines and restrictions to this effect. I ask the members, instead of overriding the bill, since House Bill No. 114 is again placed before us, to send it to the house so that they could hopefully see our concerns. The bottom line is we are willing to remove that two hundred and fifty million dollars and we need to remove the strict US Government restrictions that CUC claims is hindering the privatization. With that, I urge the members to support this substitute bill. Thank you. Are there any further questions? Short recess.


And



: We are back to our plenary session. We are still discussing House Bill No. 17-114, SS1. I would like to recognize Senator Torres.

Senator Ralph Dlg. Torres

: Mr. President, on page 5, I would like to make oral amendment, page 5 line 6, the panel composed of five members subject to the advice and the consent of the Senate and continue to conduct the evaluation. I will have the attorney make the proper corrections.



Several members voiced, “ready”. President Paul A. Manglona: Senate Clerk, roll call please.


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The Clerk called the roll on the motion on the amendment to House Bill No. 17-114.




: By a vote of 8-0 the Senate amendment on House Bill No. 17-144 offered by Senator Torres is approved by the main motion. We are discussing House Bill No. 17-114, Senate Clerk, for the passage of House Bill No. 17-114, SS1 as amended.

The Clerk called the roll on the motion to pass House Bill No. 17-114, SS1, as amended.

Senator Juan M. Ayuyu yes Senator Luis P. Crisostimo yes, with reservations Senator Luis P. Cr isostimo

: Just to be on record, I am voting yes on this but as the President been saying, I am just concern that in seven years we have to meet fifty percent renewable energy, net renewable energy. I have that reservation so I vote yes, with reservations.

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



: By a vote of 8-0 the Senate hereby passes on first and final reading House Bill No. 17-114, SS1 as amended.

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

Mr. President, I move for the passage on final reading, House Bill No. 17-76, “To amend 145 NMIAC § 145-20.4-115 regarding the Homestead Permit Process,” so moved.


: Is there any discussion? We are discussing House Bill No. 17-76. Short recess.


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And



: We are back to our plenary session. We are still discussing House Bill No. 17-76. Is there any further discussion?


: Thank you Mr. President. I would like to make this clear. The intent of this legislation is very noble. We hope and think that the necessary agency would at least be a little bit more proactive in terms of the process of them issuing land and clear all the permitting agencies first before giving out lots to qualified applicants. Also, the longer this waits, the more the price of commodities goes up, which means the amount of money that is required for the homesteaders to build a house continues to go up as well. I commend the author of this bill and I am ready to support this bill. Thank you Mr. President.


: Thank you Mr. President. I just want to comment on House Bill No. 17-76 on the amendment. I know Mr. President that any Government within the Commonwealth requires an environmental assessment impact and I know for the past lottery on Homestead it was very much politicized and you can you tell that by the time that they were given it’s close to the election. So I think with this amendment it will also help DPL and also the Administration from giving out homesteads to applicants who are entitled to and we have to ensure this because these are the process. Environmental assessment impact should be accomplished before any distribution of land. I thank the author of this bill however this is just the normal process.


: Thank you Mr. President. I am glad that the author of the bill was once upon a time an employee of DPL and she felt and knew the importance of setting up the process completely and clearly. Aside from that the individuals who had been issued this land or to pick out lottery on specific lands they were so excited when they will go in and pick up the lottery but then later in time when they were informed that they have to hold because of clearance brought emotional disturbance on the individuals. Rather than seeing that they are really interested in building their houses and upgrading their livelihood it gave them a downfall. This bill, I am glad that the author and the committee also came about in terms of making it clear that this bill will erase all those hard ways on our applicants here in the CNMI. So once again, I do hope that this bill enacted will really push forward to become a law. Thank you.


: Thank you Senator Taimanao. Is there any other member that wishes to comment? With that, Senate Clerk, roll call please.


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The Clerk called the roll on the motion pass House Bill No. 17-76.




: By a vote of 8-0, House Bill No. 17-76 passes the Senate on First and Final Reading.


: Mr. President, I move for the passage on final reading, House Bill No. 17-107, “To amend 1 CMC § 432 (ROTA PUBLIC LIBRARY AMENDMENT ACT OF 2010),” so moved.



The Clerk called the roll on the motion pass House Bill No. 17-107.





: By a vote of 8-0, House Bill No. 17-107, naming the facility next door the Rota Public Library Antonio Camacho Atalig Building hereby passes the Senate.

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

: Thank you Mr. President. If you have a conflict of interest on this bill, you need to declare that. I move for the passage of House Bill No. 17-73, SS1 so moved.


: There is a motion. Is there a second?

Seconded by Senator Ralph Dlg. Torres.


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: Before we go into discussion, I just want to clarify my declaration on 17-107 should be a vote of 8-0. Thank you, Senator Torres, for pointing that out. Now, under discussion is House Bill No. 17-73, SS1.



The Clerk called the roll on the motion pass House Bill No. 17-73, SS1.





: By a vote of 8- 0, House Bill No. 17-73, SS1 passes the Senate on First and Final Reading. I am going to ask the Floor Leader to make a motion for the passage of Senator Ayuyu’s bill that he introduced earlier today, allowing CUC for the very, very last time to continue to hire nonresident workers. Again, as I mentioned, I commend Senator Ayuyu for creating a provision requires certification by the Department of Labor to allow CUC to hire nonresident workers, and next time, only with fifty percent of what they are allowing them today and only for one more year. With that, Floor Leader.


: Mr. President?


: Can we dispose of this first? So the recommendation was for a motion to place on our First and Final Reading Senators Ayuyu’s bill.


: Thank you Mr. President. I move for the passage of Senate Bill No. 17-48, on final Reading.


: Okay, Senate Bill No. 17-48, to amend 3 CMC § 4972 (B)(5) as established by PL 15-108, to allow CUC to hire non-resident workers. Is there any discussion?

The Chair recognizes Senator Juan M. Ayuyu. Senator Juan M. Ayuyu: Thank you Mr. President. I just want the record to reflect that after lengthy discussion with the CUC Director as to the immediate area on how CUC corporation, how to improve the services to our people. We did request CUC to provide us areas of concern where we


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can assist the CUC operation in maintaining technical areas such as our power plants. I understand that this Senate Bill No. 17-48 is not a popular bill by the previous legislators for extending the foreign national workers to fill technical profession at CUC. I just want the members to know that the CUC Director had expressed his concern also during our meeting that there are times that they did take our local people into consideration to perform these duties. However, they do not last too long, members of the Senate and that is the reason why I took this into consideration and introduce this bill to allow the extension of this foreign workers to fill technical and professional positions under CUC. Even myself, there is a provision that after this bill expires it requires CUC to work with the Department of Labor to ensure that our people that are looking for jobs are well recognized in this position and I ask the members to consider this bill and please vote to allow CUC in filling this technical areas. Thank you. The Chair recognizes Senator Ralph Dlg. Torres. Senator Ralph Dlg. Torres

: Thank you. Just in line also with what Senator Ayuyu said. And this is an excellent time for CUC to avail on the trade institute with Tony Pellegrino’s School and also avail on the WIA program. There is a lot of opportunities for kids to actually start getting the training for these positions and I urge CUC to start aggressively to look into these institutions and start training our own people so that we don’t go back again and make another amendment and in two years there is more than enough of us to fill a hundred percent of those positions.

The Chair recognizes Floor Leader Pete P. Reyes. Floor Leader Pete P. Reyes: Mr. President, before I say anything, I want to say that I am going to support this bill because of the stringent provision on the bill, but before I do that, I want to comment Mr. President. Todu i tiempo este ha′ na excuse i man masangani hit na kada man mahire taotao-ta ti atman man basta. Taiguini ha′ i Public Auditor anai bente ocho na taotao sanhiyong man makonne' kada man mamaisen ham hafa na ti ma konne' i taotao-ta man masagani ham na man macho′cho′ unratu, sais mieses, pues manhanao manespiha cho′cho′ ni laguaguan. Todu este siha professional na position gi Public Auditor. Despues ni ma conduct nu oversight hearing en sodda′ na i rasón na ti man lasaga i taotaota-ta sa guaha siha regulation ni ayu ti ana guaha opottunidát i taotao-ta para u fanmahatsa hulo′ mas, pues pot enao na rasón. An esta matto i chi -ña, i prόhimu man manespipiha linala-ñiha lokkue. Enao gi nai na problema lokkue′ gi CUC. Pa′go ni guaha Marianas Trade Institute man complain si Vic Cepeda na taya′ ma konne′ taotao -ta áchokka′ man ma gradua gi Marianas Trade Institute. Sa′ hafa na rasón? Sa′ i rasón pot kontinuasiόn para man mahire i taotao sanhiyong. Bai hu na klaru ha′ este na kada sakkan man matto ya man ma maisen para ma ekstende i taotao sanhiyong ya para u fan ma konne′ gi pusisiόn gobietnu. Este gi siha na position ta nisisita para u ma konne′ i taotao -ta ya u fan ma training. Yanggen siña u fan hanao guatu gi Marianas Trade Institute ya u fan ma ayek manu siha na taotao siña man ma training mientras maneskuekuela ya u fan ma konne′ guatu gi CUC para u fan ma on the job training. Lokkue′ u mana′siguru na man ma konne′ i taotao-ta sa′ an sigi ha este ta ekstende ni ngai′an na u fan ma konne′ i taotao -ta sa′ siempre man payon para u fan hanao guatu gi kongresu pat u mana guaha crisis situation ni para u ma′fuetsa i kongresu para u ma′ aprueba este. I minaolek -ña este iyon-ña bill si Senator Ayuyu aná′guaha provision taimanu ilek -ña i presidente na i finéne′na antes di u fan ma′renew u fan ma′certify todu ayu siha na position an taya′ taotao -ta man agree para u chule′ ayu siha na position. Ti u fakpo′ ha guenao nai debi na u fan ma konne′ lokkue′ ya u fan ma training. I sigundo na rasón bai hu supotta este na legislation pot i guaha provision na ti para ma na′i todu i ginagao-ñiha na taotao ni manisisita. Lamitá ha′ para u fan ma sedi ya hu diseseha ni i


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otro na lamitá u fan ma konne′ ya u fan ma training and so with that provision on the bill, I am ready to vote Mr. President in support of this bill. President Paul A. Manglona

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

The Clerk called the roll on the motion pass Senate Bill No. 17-48.

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



: By a vote of 7 yes and 1 abstention the Senate hereby passes on First and Final Reading Senate Bill No. 17-48.

PETITIONS, MEMORIALS AND MISCELLANEOUS COMMUNICATIONS:

1. Misc. Comm. No. 17-100: October 15, 2010 – National Conference of State Legislators (NCSL) re FY 2012 Appropriation request.

2. Misc. Comm. No. 17-101: October 27, 2010 –Board of Election request for the usage of the House Chamber on Election Day approved by Legislative Bureau.

3. Misc. Comm. No. 17-102: October 29, 2010 – NMI Retirement Fund comments on

H.B. No. 17-40, SS1, SD2 – Revenue Generating Measures. 4. Misc. Comm. No. 17-103: October 26, 2010 – Hotel Association of the NMI

(HANMI) in amending PL 16-46 – Smoke-free Air Act of 2008. 5. Misc. Comm. No. 17-104: November 5, 2010 – Dan Riffle to Rep. Ray Yumul

regarding Medical Marijuana. 6. Misc. Comm. No. 17-105: November 10, 2010 – NMC Annual Report 2010. 7. Misc. Comm. No. 17-106: September 24, 2010 – NMI Retirement Fund comment on

S.B. No. 17-29, SD1 – Amendments to the Retirement Fund Act to allow for payment over time of early retirement contributions at a rate and structure to be determined by NMIRF administration.

8. Misc. Comm. No. 17-107: November 15, 2010 – Jeanne H. Rayphand comments

regarding H.B. No. 17-47 – use of marijuana.


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9. Misc. Comm. No. 17-108: November 15, 2010 – Alyssa King, CUC Administration

on the CUC Press Release – Electric Rate Filing.

MISCELLANEOUS BUSINESS

NONE

ANNOUNCEMENT

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

: Thank you. Mr. President, before I move for adjournment, I like to ask the consent of the members to move to announcement and have the President make an announcement.


: Okay, let me recognize other members on announcement first.

The Chair recognizes Senator Ralph Dlg. Torres. Senator Ralph Dlg. Torres

: Mr. President, the Support the Troops will be hosting an operation CNMI home front support they will be packaging dry goods and can goods to the US, Afghanistan or where ever the kids from the CNMI are at, example a war zone or simply at their station area and I ask the Senate if we can support this, our troops. There will be a gathering on November 27, which is next Saturday at 8:30 am at the Multi Purpose and I hope that we can join together and present some sort of donation or gift on behalf of the Senators and this will be distributed to all the military especially our kids who are coming in during the holidays. I urge everyone to support I know our Floor Leader has been supporting this cause and it is greatly appreciated. I believe the Senators are looking to see if we can have a presentation at least by Wednesday, next week. Thank you.


: Mr. President, Geri Willis as you probably know is spear heading the fundraising for these troops. She was in my office before we left to Rota and her request was actually for Monday, but I asked her if we can do this on Tuesday so that the members will have time to come back from Rota and Tinian.

Senator Ralph Dlg. Torres

: So I asked her for Wednesday. Actually I didn’t know but I asked her for Wednesday so we can do put it together before Thanksgiving. So anyways for the presentation we can clarify that by Monday but in any case its either Tuesday or Wednesday. I would like to encourage everyone here to donate on behalf of your office and we can put it together as a Senate sponsorship or some sort of donation from the entire Senate.

Floor Leader Pete P. Reyes: Thank you Senator Torres. Just for clarification Mr. President and members, what is expected of members of the Legislature or members of the Senate to bring are canned goods or non-perishable items, for example, sembei or something that is not going to be spoiled en route to Iraq or Afghanistan where some of our soldiers are stationed. This is a gesture of


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good will and I believe it’s an annual event that I participate in and some members of the legislature. I am asking if you can put in whatever amount of canned goods that you wish to donate so that we can get this donation together and will also represent the members of the Senate’s contribution. This will be greatly appreciated. Thank you. The Chair recognizes Senator Jovita M. Taimanao. Senator Jovita M. Taimanao

: Thank you very much Floor Leader and also Senator Torres in reference of this reminder. I know that I had committed to bringing a package of baked goods on this one so even if I am not there I would like to ask my colleagues to just share because I believe that there is so many packages to put in but at least any amount will help. Thank you for everyone’s support.


: Just to remind the members of the Senate that Gerri Willis kindly asked us not to bring in some religious products because there are many places in Afghanistan and some of the places do not accept those. It is just a reminder.


: Is there any other member? I hear Senator Taimanao might not be on Saipan on Tuesday or Wednesday, so I am going to make this announcement to each member. Please turn in your $27.50 to the Director for the Thanksgiving party on Wednesday. We are going to be having a Thanksgiving party and we are going to be catering it so we ask the donation from all the members. Are there any other announcements? An taya, mangonbibida i Mayor. Magof i Mayor para hu komida hit para ta dania-hi otro siha na Mayors ginen Guam, Saipan, Tinian, yan i Council Members ni man gaige guini. Si Yu’us Ma’ase, motion for adjournment Floor Leader.

ADJOURNMENT Floor Leader Pete P. Reyes

: Thank you. Before I move for adjournment, malago′ yo′ na bai ekspresia na na′magof este iyon -mami chairman gi Municipal Council yan i mayor sa′ man matata′chong ya man áfa′maolek. Estague′ minagof-hu para bai li’e′ i dos sumísiha sa′ kumeke ilek-ña na guaha áfa′maolek gi operation i Mayor yan i Municip al Council. I move for adjournment subject to the call of the Chair.

Seconded by several members. President Paul A. Manglona

: Is there any discussion? Those in favor say “aye”




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

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


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The Senate adjourned at 4:59 p.m. subject to the call of the Chair

Respectfully Submitted,

/s/ 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.

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