House defers action on ‘personal liability’ bill

House members agreed to defer action on a bill that would hold liable any government employee who reprograms funds illegally.

House decided to refer House Bill 14-249 to the Committee on Judiciary and Governmental Operations for further study.

Some members, including Rep. Heinz S. Hofschneider, cited some legal issues that need to be resolved.

The bill, introduced by Rep. Jesus Lizama aims to comply with the Office of the Public Auditor’s recommendation that any government employee who illegally reprograms or knowingly receives illegally reprogrammed funds shall be held personally liable for such actions.

This stemmed from an earlier OPA report on the maintenance and use of the government-owned marine vessel, Challenger, finding that a former official of the Office of the Management and Budget violated the Planning and Budgeting Act.

In particular, the official reportedly violated 1 CMC section 7402 (a) (2), which specifically states that “no funds may be reprogrammed to any account which has been zero-funded by the Legislature or to any account for which the Legislature has not made an appropriation.”

Lizama’s committee report said that “although the former official clearly violated this provision, there is no stated penalty or remedy for such violation.”

As a result, he said the OPA recommended the amendment of the section to include language stating that any violator would be held personally liable for the amount of the reprogramming action.

Meantime, the House passed House Bill 14-357, which transfers the Office of the Vocational Rehabilitation from the Department of Public Health to the Office of the Governor.

The bill said the current placement of the office under DPH “is inappropriate due to the disparity of the nature and intent of services provided.”

It cited that the DPH’s purpose is to protect the public from threats to public health, provide access to essential and quality health care, and to educate the public about preventive health and empower them to take responsibility.

The OVR’s main purpose, the bill said, is to assist eligible individuals with disabilities to prepare for, secure, retain, or regain employment and independence.

“The OVR does not directly provide health-related, medical, or physical and mental restoration services, as does the DPH,” the measure said.

The bill, authored by Rep. Jesus Attao, now goes to the Senate for action.