Lawmakers still deadlocked

The House of Representatives did not act yesterday on the Senate’s version of a legislation for the government retirees’ $1,000 bonus and, instead, passed another version of a bill to pave the way for the bonuses.

With 14 voting “yes,” only Rep. Patrick San Nicolas (R-Tinian) voting “no,” and five absences, the House passed House Bill 22-95 to amend the Appropriations Act of Fiscal Year 2022 to establish a business unit and fund the retirees’ bonus. The bill now goes to the Senate for action.

This means that government retirees will have to wait a while longer for the bonuses that Gov. Ralph DLG Torres had promised to release before Christmas of 2021.

On the agenda during yesterday’s House session was Senate Joint Resolution 22-09 that the Senate had earlier passed to make way for the government retirees’ bonuses. Authored by Senate President Jude U. Hofschneider (R-Tinian) and five other Republican senators, the Senate joint resolution also approved Torres’ request to reprogram $2.6 million from within the Executive Branch for the payment of the bonuses.

The House, however, chose not to act yesterday on Senate Joint Resolution 22-09 and, instead, passed House Bill 22-95.

During discussions yesterday, San Nicolas said he supports giving the retirees’ bonus and the Senate’s method of making it happen as it will enable Torres to process the retirees’ bonuses immediately.

He said it is clear that both the House and Senate support giving the retirees their bonus but the issue is the method where both parties can agree on and which is the fastest method since the retirees have been waiting for over three months.

He said the House’s approach is through an appropriation that reallocates Hotel Occupancy Tax funds but, as stated by Tinian and Aguiguan Mayor Edwin P. Aldan, this will have a devastating effect on the municipality of Tinian and their tourist industry.

“Therefore, I cannot support the appropriation given that there is a better and faster alternative,” the lawmaker said.

He noted that an appropriation bill will also require the approval of the House, Senate, and governor. “This will definitely be the longer method,” San Nicolas said.

He pointed out that the Senate resolution had been reviewed and recommended by the Settlement Fund trustee, Attorney General Edward Manibusan, and Senate legal counsel Antonette Villagomez, as stated by Finance Secretary David DLG Atalig.

San Nicolas said it is also the fastest method because, once the House approves the Senate resolution, the governor will be able to release the funds at once.

He said the House majority members claim the Senate resolution is insufficient as funds cannot be reprogrammed to an unfunded account. But, according to the Planning and Budgeting Act and all the legal reviews, San Nicolas said, this authority is given through a joint resolution.

Therefore, he said, when the House approves the Senate resolution, both legislative chambers give Torres the authority to create a new business unit for the retirees’ bonus and the authority to reprogram funds into the account to pay the bonuses. He said this has been thoroughly vetted by the AG as legally sufficient.

Rep. John Paul Sablan (R-Saipan), who was appointed floor leader pro temp in the absence of floor leader Ralph N. Yumul (R-Saipan), moved for the passage of House Bill 22-95.

Last Feb. 22, the House rejected Senate Joint Resolution 22-91, HD1, SS1, which is the Senate’s other version of a bill that gives a $1,000 bonus for government retirees. All 20 representatives agreed to the creation of a conference committee that will hammer out with the Senate a mutually acceptable bill for retirees’ bonuses.

Democrat representatives opposed language in the Senate’s version that will give Torres’ 100% reprogramming authority of the budget.

Rep. Lee Pan Guerrero (R-Saoipan) warned yesterday that House Bill 22-95 is going to be rejected again by the Senate, so he highly recommends that they refer this bill to the House’s Ways and Means Committee.

Guerrero said both counsels of the House and Senate need to discuss and come up with a solution.

“I think if both counsels [of the] Senate and House sit and address any concern, maybe this is the way to get this thing resolved. Because if we vote again and it gets rejected at the Senate, we are not moving forward,” Guerrero said.

The lawmaker said they should use their respective lawyers to mediate and come to an understanding on how quickly they can give this $1,000 bonus to the retirees.

“If we put this to a vote, I will vote no because it’s not [going to] solve the problem,” Guerrero said.

Rep. Donald Manglona (Ind-Rota), who is the main author of House Bill 22-95, said this bill is very similar to Senate Joint Resolution 22-91 and that the only contention they had with the Senate was the governor’s 100% reprogramming authority which the Senate took out in the Senate Joint Resolution 22-09.

He said this was the amendment to the 22-91 to address the 100% reprogramming authority. “That was the main difference between [Senate Joint Resolution] 91 and [House Bill] 95,” Manglona said.

He said even if they were to send this bill to the House and Ways Committee and have the lawyers communicate with each other, they might get the same action with the counsels.

Manglona also questioned they let the counsels do it when they (House members) are open to meeting with the Senate and their conferees.

“If the Senate does not want to meet with the House conferees for whatever reason, our hope is that 22-95 and the appropriation and account that we created through 22-95 would be something that the Senate can agree on and vote to pass it,” he said.

San Nicolas questioned why the House did not initiate the filing of legislation for the retirees’ bonus considering they are the appropriating authority. “Why did we have to wait for the Senate?” asked San Nicolas, adding that they’ve been waiting for three months for this bonus to be disbursed.

He said one his constituents on Tinian has already passed away while waiting for his $500 bonus.

“When are we going to disburse this? When are we [going to] give our retirees?” San Nicolas said.

Rep. Leila Staffler (D-Saipan) said it makes her think about the budgeting process, which they are about to begin again in the House Ways and Means Committee.

“And it makes me think that if this was the plan since the beginning, it should have been included in the budget…and it wasn’t,” Staffler said.

She said they have to follow this process to make it legal and so now they are trying to find the right process to do it.

Staffler said San Nicolas is right that they have all been waiting for three months. She blames the Senate for not acting on House Joint Resolution 22-12, which could address the stimulus for all people, including the retirees.

“And we do support the retirees. We must just follow this process so that we don’t have to keep repeating and going in a circle,” Staffler said.