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Speaker Babauta: I now recognize the Floor Leader.
Floor Leader Florencio Deleon Guerrero: Mr. Speaker, with respect to the visitors that we have here. I would ask that we make a Committee as a Whole so that we can visit back the GOV. COMM. NO. 15-137.
There was no objection.
Speaker Babauta: You are requesting to go back to the Communication?
Floor Leader Florencio Deleon Guerrero: Yes, Mr. Speaker.
Speaker Babauta: You want to get one more bill before we do that?
Floor Leader Florencio Deleon Guerrero: It makes no different anymore, Mr. Speaker. We are late and minus well get into one and get it going.
Speaker Babauta: Which is which? You want to pass one more bill or what?
Floor Leader Florencio Deleon Guerrero: As I mentioned, Mr. Speaker, if we can entertain GOV. COMM. NO. 15-137.
The motion was seconded.
Speaker Babauta: You are requesting to go back to item number 5?
Floor Leader Florencio Deleon Guerrero: Yes, Mr. Speaker.
Speaker Babauta: The Floor Leader has requested that we go back to item 5, Messages from the Governor.
The motion was objected by Representative Kaipat.
Speaker Babauta: State your objection.
Rep. Kaipat: Mr. Speaker, I believe that we are here long enough and we had already agreed that we would work on the budget and continue everything else next week.
Speaker Babauta: That is the very purpose that I ask earlier because I know that the budget is going to take us quite some time and I specifically ask for all your humble indulgence to go back directly to the Resolution and Bill Calendar. We will come back Tuesday where we will start our Regular Session and to use this forum, I would like to request that we come back Tuesday and start our Regular Session at 10:00 a.m. The Memo will be issued out on Monday morning. I appreciate your cooperation. The Calendar will remain the same as it is. It is just that we need to move on. I ask your indulgence that all the Communications will remain on the Calendar for action on Tuesday morning. The Clerk has taken a note on that.
Rep. Torres: Mr. Speaker, I think we can still do one more.
Speaker Babauta: Okay. I recognize the Floor Leader to go back to Bill Calendar.
The motion to go back to the Calendar was objected by Representatives Kaipat and Waki.
Floor Leader Florencio Deleon Guerrero: Mr. Speaker, if I may? How many objection does it have to be to go into a vote to consider an objection?
Speaker Babauta: Let us handle this diplomatically. The Floor Leader requested that we go back to the Messages of the Governor and I explained that reason of the call today and I ask your indulgence so that we may dispose of all the items on the Calendar Tuesday morning. No one seems to bulge and therefore, the request was made to go back again so that we may dispose of one bill on the Calendar. So with your indulgence, we will go back to the Bill Calendar and pass one more bill before we leave. Please take an official notice that the First Day, Second Regular Session will commence on Tuesday at 10:00 a.m. I recognize the Minority Leader.
Rep. Palacios: I would like to ask or even make a motion that instead of going to Bill Calendar that we go to the Governor's Communication. I think we can handle one more.
Speaker Babauta: Okay.
The motion to go back to item number 5 under Governor's Communication was seconded but there was a Division on the floor.
Speaker Babauta: Division on the floor. Clerk, call the roll.
The Clerk called the roll on the motion to go back to the Governor's Communications:
Rep. Martin B. Ada yes
Rep. Edwin P. Aldan yes
Rep. Francisco S. Dela Cruz yes
Rep. Florencio T. Deleon Guerrero yes
Rep. Joseph P. Deleon Guerrero yes
Rep. Jacinta M. Kaipat no
Rep. Jesus SN. Lizama yes
Rep. Crispin M. Ogo yes
Rep. Arnold I. Palacios yes
Rep. Justo S. Quitugua excused
Rep. Benjamin B. Seman yes
Rep. Candido B. Taman yes
Rep. Ramon A. Tebuteb yes
Rep. Manuel A. Tenorio yes
Rep. Stanley T. Torres yes
Rep. Absalon V. Waki, Jr. no
Rep. Ray N. Yumul yes
Rep. Oscar M. Babauta yes
Speaker Babauta: By a vote of 15 "yes" we are back to item number 5 under Governor's Communication and I wish to recognize any members wishing to comment on any of the Governor's Communication as presented to us today. I recognize the Minority Leader.
Rep. Palacios: Thank you, Mr. Speaker. I move to override the Governor's veto relative to GOV. COMM. NO. 15-137 on S. B. NO. 15-45, SD1, HD2.
The motion was seconded.
Speaker Babauta: Discussion on the motion.
Rep. Kaipat: Privilege, Mr. Speaker.
Speaker Babauta: I recognize Chairwoman Kaipat.
Rep. Kaipat: Before we vote on this motion, I want to state for the record that I have no personal animosity towards John or Gloria Sablan despite what people may think. I look at this from the perspective of what it means for us to pass laws. What does it mean when we do not even enforce our laws? It means we do not respect our laws. Now I look at this from the perspective of the whole Commonwealth and what it stands to lose when the Legislature jumps in to rescue one company at the expense of the entire Commonwealth. It seems odd that, here I am from the Northern Islands, and I should be jumping for joy in supporting this. But, I cannot, in good conscience, support this when I know it comes at the expense of the entire Commonwealth. This is not a good deal.
Now, I am looking at this from a business stand point. If you look at the joint venture agreement that this company entered into with another company that has not been recognized or formally accepted by the Commonwealth government, you will see who really comes out at the short end of the stick. I want John and Gloria to succeed. I want all of us to succeed, but let us stop this practice of only the privileged few getting the prize at the expense of everyone. I had hoped that my colleagues would at least give the task force a chance to do its work. There is nothing wrong with the task force wanting to bid this out to ensure that the Commonwealth has the opportunity to pick the best deal out there, including John Sablan's. We are not saying that this company cannot bid. As a matter of fact, I even invited Bridgecreek to bid. They did not want to because they wanted a shortcut. But at whose expense? When we voted, when my colleagues here voted on this bill, they were dazzled that $50,000 a month would be given to PSS. We are so proud that we held on to one golden egg and, meanwhile, we're giving away the golden goose! Have you all done your homework? I have.
I have spent years on this trying to save this resource for the Commonwealth. I have been talking to different people who have connections to Native American Tribes. It is my dream that we all join and work together. Why can't we have an indigenous company for the entire Commonwealth where we can explore this and make sure that if there is money to be made from this, that no one is left behind and that all of us get to benefit? But if you look at the deal as it is right now, I can tell you, my brothers and sisters, we are coming out at the short end of the stick. I do not know if you are all comfortable with that, but I certainly am not. I am not saying that JG Sablan ought to be excluded.
Why do we need the Legislature to violate the Constitution and intrude into the Executive Branch's jurisdiction to resuscitate a permit? We have no business doing this! And what does that say? If we are so concerned about investors, what do you think we look like to them? We enter into a contract and if they do not perform under it, no problem. The Legislature can always come in and rescue it. That is the message that you are all giving out. That is the message.
I have seen a lot of our people dying. I have seen a lot of our people suffering. There is no adequate medical referral program. If you allow most of this money to leave the Commonwealth--and this is the way that this deal is structured right now--where would you get the money to give PSS? Where is that money that you are going to give DPS? Where is the money that I had hoped that we could use to build our own state-of-the-art hospital so we can deal with this medical referral program that is inadequate? Our people are dying! Our people are dying. I'm not after this for any self interest. I am doing this because our people are dying and they need it.
I've got an education. I don't have to stay here. I can go off and get a job somewhere and be satisfied, but I came home after I received my education so I can help our people. It saddens me to see this happen. Total disregard of what the implications are. I ask you to please not override this veto. I ask you to let the process work. Let us bid this out the way we had intended it and may the best company be chosen by the Commonwealth. Heck, if you don't want me to be on that committee to have a hand in choosing the company, I don't have to be a part of that committee. But give the Commonwealth a chance. Give us a chance. Give our children a chance. Give our dying people a chance. Thank you.
Speaker Babauta: Any other member wishing to comment? I would like to remind the members that there is lengthy transmittal by the Governor and so that you also know, I believe there is present legal battle with the agency. I believe that the hearing had taken place already so whatever your outcome of the vote is, just take that into consideration that there is things going on between the JG Sablan and the Department of Public Land. I would like reiterate the issue at hand as to when we passed the Senate Bill and amended it in the House, that to certain extent the Chair would continue to refrain from voting on this issue because of obvious personal reasons. Any more comment? I recognize Representative Waki.
Rep. Waki: I would like to pretty much concur with Chairwoman Kaipat. I have nothing against John or Gloria. I have nothing against John doing a business in mining. I am sorry it did not work out for the last so many years. Things happen. He invested money and every company that you would invest sometime that investment does not turn to make a profit. That is just business. Now, besides the legal problem that is going on between DPL and JG Sablan, there is also concern about the independent audit that is been done for MPLA. From what we hear, it does not look very good. It is not in my good conscience to try to pass something that may have some very legal implications.
We as a Legislature are policy makers. When do we do what we are supposed to do and they do what they are supposed to do? If we pass this, like we say, if there is a decision that maybe against JG Sablan, where does our law or where does our bill come in? It would have been null and void because the Judiciary would have to decide. That is the separation of powers. We cannot always say that it is everybody's business and if we are going to do it for JG, why do we not also do it for the garment factory? Why do we not do it for all the other companies that have closed down and left because they could not make it? Is that what we are here to do? Are we in the business to save businesses?
I am sorry but I thought we were the government in trying to make laws, enforce laws and try to make sure that somebody does their job. And if they do not do their job, or they do their job right, we say, we are going to override their decision because that is our job. I am not sure if that is our job. I think we need to go back to our Constitution and find out what is our job. I am sorry, I am still trying to learn what is our job, because everyday I am trying to find out just which direction am I supposed to be doing. One day somebody says, you can do this, another day, somebody says, you can do that. What is in the Constitution? What is Law? Are we all lawyers? Sometimes the legal counsels tell us, no this cannot be done, and everybody says, no it can be done. Hello. Where does our separate of powers end? Or does it just continually override in everything else. Shall we do it to the Judiciary? When they make a decision and say guilty, we say no they are not guilty. Is that how far we are going to go? I do not think that is our responsibility. That is all I am trying to get across here.
We want to save the company from losing a permit. Who is to say that they cannot apply for another permit based on after the fact, because nobody is going to get a permit yet. We are still trying to figure out just what we have up there. That is why a task force is put together. It is unfortunate that we did not find out what was up there for the past fifteen years. Maybe we dropped the ball. Maybe John knew what was up there. Maybe he knows it is worth something and unfortunate things happen over the period of years, and it did not turn out to be what he expected. Now, with a new investor, it is going to be better. Well, now that we know that we have a resource that they looked into and that they did not profit from, we need to look at and see what the profit could be for the entire CNMI because a certain dollar for metric ton may not be a fair deal anymore. That was what, twelve fourteen years ago.
I am not saying that the product is worth anymore right now, but we have not done our diligence to at least tell the people that this is what its worth and this deal, this permit, this amount of money that we are going to be getting for pozzolan is a fair deal. That is not too much to ask for. It is just to slow the process down. Things are trying to be rushed again. I guess that is what we are all supposed to be doing, just rush everything in. I am sorry. I guess it does not matter which side we are on, sometimes we just want to rush things. But do we look in our conscience, what is in the best interest? That would be the only reason why I would say no because not everything is actually on table for all of us to see. Maybe MPLA did not do their job and DPL is now trying to do their job. I am not going to tell them what to do because that is a separation no power and here we are telling them what they can and cannot do. I do not understand and because I do not understand it, I can in good conscience vote for it. So that is where I stand. Thank you.
The Chair recognized Representative Taman.
Rep. Taman: Mr. Speaker, I move to end debate.
The motion to end debate was seconded.
Speaker Babauta: Motion to end debate is undebatable. We would now go right into the question of voting to override the Governor's veto on SEN. COMM. NO. 15-137 under S. B. NO. 15-45, SD1, HD2. Short recess.
The House recessed at 7:02 p.m.
RECESS
The House reconvened at 7:02 p.m.
Speaker Babauta: We are back into session. Now, I recognize the Clerk to call the roll.
The Clerk called the roll on the motion to override the Governor's veto on S. B. NO. 15-45, SD1, HD2 on First and Final Reading:
Rep. Martin B. Ada yes
Rep. Edwin P. Aldan yes
Rep. Francisco S. Dela Cruz yes
Rep. Florencio T. Deleon Guerrero yes
Rep. Joseph P. Deleon Guerrero yes
Rep. Jacinta M. Kaipat no
Rep. Jesus SN. Lizama yes
Rep. Crispin M. Ogo yes
Rep. Arnold I. Palacios yes
Rep. Justo S. Quitugua yes
Rep. Benjamin B. Seman yes
Rep. Candido B. Taman yes
Rep. Ramon A. Tebuteb yes
Rep. Manuel A. Tenorio yes
Rep. Stanley T. Torres yes
Rep. Absalon V. Waki, Jr. no
Rep. Ray N. Yumul yes
Rep. Oscar M. Babauta abstained
Speaker Babauta: By a vote of 14 "yes", the House hereby overrides the Governor's veto under SEN. COMM. NO. 15-137. I recognize Representative Joseph Deleon Guerrero.
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