Fitial vetoes local casino bill

Gov. Benigno R. Fitial vetoed a local bill legalizing casino gambling on Saipan before leaving for the Philippines on Thursday, citing the unconstitutionality of the measure.

Fitial, a delegate to the First Northern Marianas Constitutional Convention, said that House Local Bill 17-44, Committee Substitute 1, Draft 5 was “irregularly introduced and passed without authority and is invalid on this basis.”

But casino proponent Rep. Froilan Tenorio (Cov-Saipan) wished the reason for the veto was because it’s “not a good bill” and not because of constitutionality issues that should have been decided by the court if and when somebody challenges the legislation.

“I wished the governor signed the local bill and let the court decide on it if somebody challenges it. But as governor, he has every right to do it,” Tenorio told Saipan Tribune yesterday. Other lawmakers refused to comment on the issue at this time.

Fitial said he respects and applauds the efforts of the members of the Legislature to seek solutions to the economic challenges facing the CNMI, but he had to veto the local casino bill.

“I wish I could affix my signature to this legislation. However, consistent with my constitutional obligations, I must regretfully veto this legislation,” Fitial said in his veto message to Senate President Paul Manglona (Ind-Rota), House Speaker Eli Cabrera (R-Saipan), and Saipan and Northern Islands Legislative Delegation chair Rep. Ray Tebuteb (R-Saipan).

Fitial said the CNMI Legislature may enact a local law pertaining to matters affecting one senatorial district. But he said the legislative delegation of a district cannot enact a Commonwealth law affecting Commonwealth-wide interests.

HLB 17-44, CS1, D5 explicitly proposes a Commonwealth law to legalize casino gambling by exempting the Third Senatorial District, or Saipan, from the Commonwealth-wide prohibition on gambling, Fitial said. By its terms, and as a matter of law, the Saipan Casino Act is Commonwealth law, he added.

The governor said that HLB 17-44 was introduced and passed as a local bill but purports to establish Commonwealth law.

He said Article 21 of the CNMI Constitution permits gaming to be established by Commonwealth law, but this means by a regular act of both houses of the Legislature.

“Article 21 does not authorize a district delegation to enact a local bill to exempt its district from the Commonwealth-wide prohibition on gambling. The prohibition of gambling is a Commonwealth interest and a district delegation has no authority to enact a Commonwealth law by means of a local bill. HLB 17-44, CS1, D5 was irregularly introduced and passed without authority and is invalid on this basis,” Fitial said.

Rep. Stanley Torres (Ind-Saipan), author of the local casino bill, declined to comment yesterday on the governor’s veto of his bill.

But even before the governor’s action, another House casino bill has already been worked on by Rep. Rafael Demapan (Cov-Saipan) and other members of the majority. This new House casino bill has yet to be pre-filed as of yesterday afternoon.

The Senate, which wants Saipan voters to make the decision whether they want casino gaming on their island, killed a House casino bill last year. It threatened to take to court the local casino legislation.

Because the House has not acted on a Senate bill seeking special election to ask Saipan voters on allowing casinos on Saipan, the Senate tapped students of Northern Marianas College under the Current Issues class of Sam McPhetres to do a special survey on Nov. 4.

Tenorio, whose House casino bill was rejected by the Senate, said at least three casino investor groups are waiting for the local casino bill to be signed into law. The former governor and speaker said only a multimillion casino industry at this time will save the NMI Retirement Fund and the economy.

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

Fitial left the CNMI for the Philippines on Thursday

Press secretary Angel Demapan, when asked for comment, said the governor had to take care of an “urgent family matter.”

Demapan said because this is a four-day weekend anyway—austerity Friday, Saturday, Sunday and Commonwealth Cultural Day holiday on Monday—the governor decided it would be best to take care of the “family matter.”

Lt. Gov. Eloy S. Inos has been acting governor since Thursday.

Fitial is expected to be back to work on Tuesday.