New proposal frees some aliens from 3-yr. stay limit

As the Senate prepares to pass a bill that would give a two year stay on the implementation of Public Law 11-69 this week, the upper chamber again was the recipient of another measure concerning the three year limit law.

This time, Senate Bill 12-108, authored by Thomas “Kiyu” Villagomez, seeks to amend Section 2 of PL 11-69, which essentially exempts nonresident workers who were employed in the CNMI before the three year limit law took effect in the Commonwealth.

Under Senator Villagomez’s bill, guest workers who already have contracts before March 5, 1999 would not be covered by the ramifications of the three year limit law.

In lieu of the third sentence of section 2, the phrase, “Further, this limitation does not apply to nonresident workers who were employed in the Commonwealth before March 5, 1999, the effective date of Public Law 11-69,” was inserted in Mr. Villagomez’s amended bill.

SB 12-109 comes in the heels of SB 12-108, which Senate President Paul A. Manglona vowed to have his members pass in session anytime this week. The latter bill gives businessmen and their guest workers a two-year relief from PL 11-69, pending a study on the impact of three-year limit law on the CNMI community and economy.

The lawmaker believes the measure, authored by Senator Ramon “Kumoi” Guerrero, would be satisfactory to businessmen because it would give them time to maintain their current operations, while at the same time allow local and federal courts to gauge the possible impact of PL 11-69 would have in the CNMI.

Before the introduction of SB 12-108 and SB-1209, there were two other bills concerning the repeal of the three-year limit law that came before the Senate. House Bill 12-317, which repeals PL 11-69 in its entirety, was passed by the House of Representatives last March 1. The Senate also came up with its own Senate version of HB 12-317, which became SB 12-044.

Prior to those four legislative measures, lawmakers also deliberated on the Omnibus Labor Reform Act, which also sought to arrest the effect of PL 11-69.

In its original version, the three year limit law forces nonresident workers to leave the Commonwealth after three consecutive years of employment in the CNMI. After which they can only apply for reemployment after a six month waiting period.

PL 11-69 envelopes all nonresident workers in the islands, except for those holding professional or executive positions earning an annual salary of at least $30,000.

The law defined professionals as those who are receiving more than $30,000 in annual compensation; those who are in fields requiring advanced training or original or creative work that is artistic; those who are engaged in teaching, dental, medical, nursing and other medical professions.