Senate rejects bid to amend Article XI

The Senate yesterday rejected a House Legislative Initiative that would amend sections of the CNMI Constitution that dealt with the management of public lands. All eight members of the Senate present voted no. Sen. Paul Manglona (Ind-Rota) was excused.

H.L.I. 20-1, HS1, HD2 plans to amend Sections II to VI of Article XI. Section III is about the management and disposition of public lands, Section IV established the Marianas Public Land Corp., Section V is the MPLC’s fundamental policies, and Section VI established the Marianas Public Land Trust.

CNMI Attorney General Edward E. Manibusan, in a letter sent to floor leader and Senate Resources, Economic Development, and Programs chair Se. Francisco M. Borja (R-Tinian) after his office reviewed H.L.I. 20-1, said that the initiative has the intention of securing funds for public benefit. “However, given the fact that the initiative seeks to only benefit a distinct racial group, I must recommend against passage in its current form.”

“Furthermore, the initiative presents two issues that, while being constitutionally sound, present serious financial ramifications. Removing the interest generated on trust proceeds from the general fund will deprive the [CNMI] of a significant portion of revenue that is already earmarked to repay large loans to MPLT.”

Senate President Arnold I. Palacios (R-Saipan), in an interview with the media after the session, said the concerns raised by Manibusan are constitutional issues that is of a major concern to the Commonwealth.

“Obviously, the version that came out of the House did not addressed that. So, having the session today, trying to address the amendments necessary, would have required us to go back and our [Senate] legal counsel to put all these things together. Being the issue on the table for a short period of time,” said Palacios.

“We support the intent and purpose of [H.L.I. 20-1] but it needed to be cleaned up. Rather than, it was laid on the table, the Senate decided to make a statement. This is an important legislation, but without those fix and amendments that are necessary, as recommended by the AG, I think that the version is not complete and that’s why we voted it down.”

He then added that hopefully the incoming members of the 21st Legislature would take up the issue and put in the amendments recommended by the AG. The inauguration for the 21st Legislature is on Monday, Jan. 14.