Bill identifies scope of ‘public purpose’ expenditures

Tents, decorations and other expenses for funerals, death anniversaries and novenas will de included under an amendment to the “public purpose” law that has been a source of rift between the Legislature and the finance department.

Under a bill offered by Senate Floor Leader Pete P. Reyes, these expenditures incurred by lawmakers will be charged to their government accounts provided they are not for political or personal gain.

The changes to the existing law will also include gifts given to the elderly during celebration of Man ‘Amko Week, food, beverages and related expenses in hosting meetings, conferences and other activities for the benefit of the public.

Mr. Reyes authored the law enacted early this year in the wake of disputes between members of the Legislature and Finance Sec. Lucy DLG. Nielsen over reimbursements, such as tent rentals and travel expenses.

Public Law 11-84 was an attempt to define the phrase “public purpose” stipulated in the Constitution and clear ambiguities and misinterpretations that had sparked differences in the past.

But Mr. Reyes said further clarification on the law must be undertaken to resolve the confusion and prevent more serious squabble between the two branches of the government.

“As there has been no written guidance provided by the Department of Finance, the members have had to rely on past practice and procedure,” the bill stated. “This has resulted in many expenditures made by members of the 11th Legislature having payment denied by [DOF].”

Although questioned by finance officials, these expenses made before Dec. 22, 1999 will be included for payment under the legislative accounts on condition only that they were not used for personal or political purpose.

Last week, Rep. Melvin O. Faisao called on Ms. Nielsen to resign following her failure to reimburse some $290 in tent rentals for novenas which he charges to his account. He said the secretary does not know anymore traditional and cultural practices in the CNMI.

Senate Vice President Thomas P. Villagomez, however, slammed the failure by the department to come up with rules and regulations on the “public purpose” law, which was one of its provisions in an attempt to delineate its intentions.

Lt. Gov. Jesus R. Sablan, who signed the law last July, had urged the Legislature then to allow DOF to draw up rules and regulations for its implementation. Five months after, the department has yet to come up with any draft.

“It should be written in black and white. Without these guidelines, they will just pay whatever they like,” he said in an interview.

Mr. Villagomez also pointed out the public auditor has ruled beforehand that the House cannot charge expenses, like tent rentals, to the government because it is not stipulated in its own house rules, unlike the Senate which clearly includes those.

Senate Bill 11-160, passed last Wednesday, now heads to the House of Representatives for action where a similar proposal is pending.