Sablan oks bill on health and criminal clearances Vetoes measure on dive shop local employment

Acting Gov. Jesus R. Sablan yesterday signed into law a bill which established standards for acceptance of health clearances and criminal background checks provided in foreign countries for the purpose of entering the Commonwealth and obtaining work permits.

However, he vetoed another measure requiring all dive shop operators in the CNMI to employ at least one local resident as an instructor or dive master.

Senate Bill 11-153 which became Public Law 11-97 aims to improve the reliability of health clearances and criminal background checks submitted to the Department of Labor and Immigration.

It requires the Secretary of DOLI establish an approved list of sources of the required clearances for non resident workers and their family members. The list include all persons, agencies and entities in foreign countries approved by the State Department, Immigration and Naturalization Service, or the Department of Justice for comparable services.

Several agencies of the Federal Government, including the State Department and the Immigration and Naturalization Service(INS), maintains lists of reputable and reliable agencies and entities in foreign countries that are considered acceptable sources of health screening certifications and criminal background checks.

To provide necessary flexibility, the Secretaries of DOLI and the Department of Public Health may designate additional acceptable sources for health certifications, and the Secretary of DOLI as well as the Commissioner of Public Safety may appoint additional sources for criminal background and police checks.

While he appreciates the intent of the bill in trying to ensure that local residents secure jobs such as instructors and dive shop masters, Sablan said the measure unfairly targets dive shops among other businesses in the CNMI.

In disapproving SB 11-153, Sablan noted that the current law specifies that all businesses in the CNMI are mandated to hire qualified resident workers before they are allowed to hire any non resident workers.

According to Sablan, the Department of Labor and Immigration could enforce the current law by denying the businesses from hiring any non residents and requiring that qualified residents be hired instead.

He said the measure does not provide any relief to current dive shop operators if there are no local residents willing or able to enter the proposed “in-house training program.”

“With the difficulties the businesses are undergoing due to the downturn of the economy, we should not require additional mandates for a certain class of businesses that would increase their expenses yet do not yield them any benefits. If an in-house training program is to be mandated, it should apply to all businesses, after careful review and planning,” said Sablan.

In the meantime, he said the Northern Marianas College could perhaps offer program which would train local residents in these fields so that they could be hired by the dive shops.