Fitial to veto local casino bill

Gov. Benigno R. Fitial said yesterday he will veto a local bill seeking to legalize casino gambling on Saipan because the measure is “unconstitutional,” but casino proponent Rep. Froilan Tenorio (Cov-Saipan) said the governor should just sign the bill “and let somebody challenge it in court.”

Tenorio, in an interview with Saipan Tribune, said the court should be made to decide whether a bill is constitutional, and not the Legislature or the Executive Branch.

Tenorio cited the fiscal year 2012, which he earlier described as “unconstitutional.” Despite its “problematic” provisions, he said he didn’t challenge it.

In the same breadth, Tenorio said even if the governor thinks the local bill is unconstitutional, he should just sign it and let it be decided by the court if somebody challenges it.

The Senate, which wants Saipan voters to decide on the issue, had threatened to challenge the constitutionality of the local bill in court.

Like Fitial, the Senate believes that legalizing casino gaming through a local law is unconstitutional. Senators said it should be a Commonwealth law.

House Local Bill 17-44, introduced by Rep. Stanley Torres (Ind-Saipan), passed the Saipan and Northern Islands Legislative Delegation on Aug. 26 by a vote of 11-5 with one voting “present” and four absences.

When the governor was asked whether he will allow the 40-day period to lapse next week and let the local bill become law without his signature, he said he will “veto” the bill.

“Because it’s unconstitutional,” he said in an interview after signing four proclamations at the governor’s conference room on Capital Hill yesterday morning.

Fitial is a delegate to the First Northern Marianas Constitutional Convention.

Citing the CNMI Constitution, Fitial said “gambling is prohibited except as provided by CNMI law.”

“A local law is not a CNMI law because that local law is only applicable on Saipan. It’s not applicable [on] Tinian and Rota, so there’s your definition of CNMI law,” he said.

Fitial also said if there are investors really interested in investing in casinos on Saipan, “tell them to see me.”

Tenorio, for his part, said he knows of at least three groups of investors willing to invest $10 million each as soon as the local bill becomes law.

“If the governor vetoes this local casino bill, then that’s it for the casino proposal. Saipan will never have a casino, and regardless of the survey that the Senate is working on. I guess my message to the retirees: You won’t have a retirement program two or three years from now because only casinos will save the Retirement Fund and the economy,” he added.

But Fitial said he can only entertain a casino measure that passes both the House and Senate; meaning a casino measure has to be either a House bill or a Senate bill, and not a local bill.

At this point, Fitial said he asks the Legislature “to entertain a CNMI [bill].”

But he said his approval of a passed House or Senate casino bill will still depend on the bill itself.

“I will consider it,” was all he could say.

The House passed Tenorio’s House casino bill last year but the Senate killed it

Senators said that Saipan voters should be made to decide whether they want casino gaming on their island or not.

As the House has yet to act on a Senate bill calling for a special election to ask Saipan voters whether they support casino gaming, the Senate tapped Northern Marianas College students under the Current Issues class of Sam McPhetres to survey Saipan voters on their views about casino gaming.

Sen. Ralph Torres (R-Saipan), in a separate interview yesterday, said his students will move ahead with a Nov. 4 survey.

However, there will be two opportunities for early voting—one on Nov. 2 from 8am to 12 noon at the Man’amko Center and on Nov. 3 also from 8am to 12pm at NMC Room D1.

Senators said NMC students plan to issue more information about the survey soon.

Torres said the Office of the Public Auditor agreed to become “observers” during the survey to give more credibility to the survey.

“The survey will give an indication of how the people of Saipan feel about establishing casinos on Saipan. The survey result would be used by lawmakers in making policy and laws on the issue,” he said.

Some House members have expressed reservation about the Senate and NMC’s plan.

As for Fitial’s statement that he will veto the local casino bill, Sen. Ralph Torres said the Senate is glad that the administration and the Senate are on the same page about the unconstitutionality of the local bill. He said even foreign investors will not have the confidence to operate casinos on Saipan if they know that a local law allowing such industry on Saipan will be challenged in court because of constitutional issues.

Fitial said he cannot tell the Senate what to do on the casino issue but to just “do the right thing.”

“That encouragement is probably needed but I think that people…are suffering enough. They understand the economic crisis that they are all in,” the governor added.

Saipan voters had twice rejected casino gaming on Saipan; the last one was during the 2007 elections.