Expungement, $15 hotel fee bills now head to governor after House OK

Without further discussion and by a vote of 9-7, a bill that would expunge certain criminal records passed the House of Representatives yesterday afternoon.

The House also passed a bill assessing a $15 fee among tourists or transient occupants of hotels and similar facilities in the CNMI, generating some $6 million to help tourism programs and projects.

House Bill 17-52, or “The Restoration of Rights and Expungement Act of 2010,” as well as House Bill 17-290, or the environmental and tourism promotion fee bill, now head to Gov. Benigno R. Fitial for action.

House Speaker Eli Cabrera (R-Saipan), right before announcing the passage of the expungement bill, said he voted “yes” because he wants to give a second chance to people who committed certain types of crimes when they were young and have since changed for the better.

By having this bill signed into law, certain criminal records of some members of the community will be erased.

Rep. Stanley Torres (Ind-Saipan), author of the expungement bill, said this measure will help people who have been rehabilitated to “go on with their lives” to become better citizens and be able to find a job or accepted to schools.

“This is not a blanket expungement. People still have to petition the court and go through a judicial process,” Torres told Saipan Tribune.

The bill, however, will not grant a right of expungement or restoration of rights to sex offenders; those who have more than one conviction for a violent crime or offense that is punishable by five years or more; and those convicted of any heinous crime such as murder, rape, aggravated sexual assault, or any other conviction deemed by the CNMI Superior Court and the Office of the Attorney General as justification to forfeit a person’s right for expungement or restoration of rights.

The eight-page bill has been bouncing between the House and Senate since Torres introduced it in March 2010. Lawmakers supporting and opposing the bill have debated the bill several times, but not yesterday.

Those who voted “yes” to the expungement bill were House floor leader George Camacho (Ind-Saipan), vice speaker Felicidad Ogumoro (Cov-Saipan), Reps. Fred Deleon Guerrero (Ind-Saipan), Ralph Demapan (Cov-Saipan), Sylvester Iguel (Cov-Saipan), Joseph Palacios (R-Saipan), Ray Palacios (Cov-Saipan), Torres, and the speaker.

The seven who voted “no” were Reps. Ray Basa (Cov-Saipan), Trenton Conner (R-Tinian), Tony Sablan (R-Saipan), Teresita Santos (Ind-Rota), Ray Tebuteb (R-Saipan), Edmund Villagomez (Cov-Saipan), and Ray Yumul (R-Saipan).

Reps. Froilan Tenorio (Cov-Saipan) and Janet Maratita (Ind-Saipan) left the session and were unable to vote, while House minority leader Joseph Deleon Guerrero (R-Saipan) and Rep. Frank Dela Cruz (R-Saipan) were excused from the session.

The bill states that “many law abiding citizens of the Commonwealth are unfairly burdened and unduly prejudiced for life by the stigma and the record associated with a criminal offense committed in their past.”

“These citizens lose employment opportunities and suffer other harsh consequences, even though they have already been punished, have already repaid society for their past mistake, and have been rehabilitated as good citizens,” the bill says.

Under the bill, a person convicted of a crime in the CNMI may petition the court for a restoration of rights in the case of a felony or to expunge all records in case of a misdemeanor under two circumstances.

One, in cases involving a conviction for a felony after least five years have passed since the CNMI Superior Court, Office of Adult Probation Supervision and the Board of Parole have all terminated, lost, or relinquished supervision or jurisdiction of the person.

In this case, the only rights restored will be the right to vote and the right to government employment, to run for and hold public office, to serve on juries and to serve as a notary public.

It does not include the right to possess or transport any firearm or to carry a concealed weapon.

Two, in cases involving a conviction for a misdemeanor, petty or traffic offense, after at least three years have passed since the CNMI Superior Court, Office of Adult Probation Supervision, and the Board of Parole have all terminated, lost, or relinquished supervision or jurisdiction of the person.

$15 fee

The House also passed yesterday afternoon Cabrera’s bill, as amended by the Senate, assessing a $15 environmental and tourism promotion fee among tourists or “transient” occupants of hotels, lodging houses, condominiums, and similar facilities in the CNMI.

Marianas Visitors Authority managing director Perry Tenorio and MVA board chair Marian Aldan-Pierce answered questions from House members regarding the bill.

Tenorio said the bill, once enacted, will generate some $6 million that will be used to improve and fund tourism programs and projects.

However, regardless of the total fees collected, Rota and Tinian’s share of that fee will remain the same at $200,000 each island annually, to be used for charter flight tourism incentives and promotional programs.

Funds derived from the $15 fee will be deposited into a revolving fund administered by the Department of Finance and remitted to MVA. These funds will then be used to build, equip, improve, and maintain projects, agencies, and facilities promoting recreation and tourism.

Tenorio told lawmakers that the original law charging a $15 travel fee among tourists from non-U.S. destinations was found to be non-compliant with federal laws. The latest bill amends Public Law 17-29 as amended by P.L. 17-58 or the Tourism Incentive Program. These two laws require the airlines to collect the fees.

But Tenorio said any “head tax” on international travel falls under the jurisdiction of the federal government. He said MVA and the administration asked the Legislature to amend the laws.