Torres seeks to recognize gambling ban in Constitution

Rep. Stanley Torres (Ind-Saipan) is proposing to make CNMI general laws prohibiting gambling consistent with Article 21 of the CNMI Constitution, which could help pave the way for a local law to allow casinos on Saipan. At the same time, Rep. Joseph Palacios (R-Saipan) is seeking Gov. Benigno R. Fitial’s nod in submitting a certified question to the court in line with his lawsuit over the governor’s veto of a local bill seeking to legalize casino operations on Saipan.

Both Torres and Palacios support legalizing casino gambling on Saipan. Torres is also author of the local bill that the governor vetoed, citing the unconstitutionality of the bill.

Torres, in his House Bill 17-269, said the current statutory law prohibiting gambling, 6 CMC 3151, was enacted in August 1983-two years before the CNMI Constitution, Article 21 Section 1, became effective.

“The purpose of this enactment is to recognize the prohibition of gambling set forth in NMI Constitution, Article 21 Section 1 and replace the statutory prohibition with the constitutional prohibition, and to recognize the legalization of casino gambling in the First and Second Senatorial Districts,” Torres said.

He seeks to repeal and reenact Title 6 Division 3 Chapter 1 Article 2 to state, “Gambling is prohibited in the Northern Mariana Islands except as provided by Commonwealth law or established through initiative in the Commonwealth or in any senatorial district.”

Torres’ bill also seeks to ensure that the CNMI be completely self-regulating in all areas having to do with gambling and gambling devices, and that all forms of gambling should be allowed, prohibited, and regulated “by local law.”

HB 17-269 seeks to exempt from the prohibition of gambling the operation of poker and pachinko slot machines, Commonwealth lottery, bingo, bato, raffles, and cockfighting, and other forms of gambling authorized by local law or local initiative.

Palacios, in his hand-carried letter to the governor, wants Fitial to agree to submitting a certified question to the CNMI Supreme Court in light of the governor’s veto of House Local Bill 17-44 and Palacios’ belief in the notion that a local law is a Commonwealth law.

The question that Palacios wants to submit to court is: “Is a local law enacted pursuant to Article 2 section 6 of the NMI Constitution a Commonwealth law?”

Palacios asked the governor to respond by Monday, Jan. 23, because of the potential ramifications of the issue.

Superior Court associate judge David A. Wiseman heard last week Fitial’s motion to dismiss a lawsuit that Palacios filed over Fitial’s veto of the local casino bill. He later placed the matter under advisement.

Torres had introduced a local bill legalizing casino gambling on Saipan, after a similar House bill was killed by the Senate. The local bill passed the Saipan and Northern Islands Legislative Delegation, only to be vetoed by the governor who believes that a local law is not a Commonwealth law. Palacios took the governor to court, even as another House casino bill passed the House and is now pending at the Senate.

Rep. Froilan Tenorio (Cov-Saipan) said the House leadership will bring up in today’s joint leadership meeting of the House and Senate the need to pass the casino bill, which he says is the only major revenue-generating bill pending in the Legislature.