The House on Tuesday completed the override process for House Bill 16-219, which was vetoed by the governor on Dec 14, 2009.
The bill was sponsored by Vice Speaker Joseph P. Deleon Guerrero, R-Saipan.
The governor, in his veto message, said although the concerns raised by the bill are valid, the Legislature “should realize that it creates the potential for increased liability against the commonwealth.”
He added, “For example, a potential argument may arise wherein the executive branch will be liable for failure to properly establish, maintain and utilize the Laulau Bay Boat launching site if harm is caused to a person.”
The governor said the potential argument “will further assert that a standard of strict liability against the commonwealth should be applied rather than mere negligence since the Legislature has designated the area as hazardous.”
He noted that the legislation directs certain administrative actions to different agencies within the executive branch without identifying any resources for them.
Deleon Guerrero introduced the bill on Feb. 3, 2009.
Its goal is to designate the shore fronting Bantalan Aliman at Laulau Bay as a boat launching site because of its strategic location near the beaches most frequented by tourists, who may encounter accidents.
Deleon Guerrero cited as example the case of four students who got drowned on the southern side of Forbidden Island when they were struck by a large wave on March 23, 2007.
He said although the boating safety section of the Department of Public Safety and the U.S. Navy sent a chopper to rescue the victims, the rescue efforts would have been faster if there was a boat launching site nearby.
He said it is in the best interest of the public to provide a boat launching site at Laulau Bay in order to enable authorities to immediately respond to a crisis.
“Every minute in a rescue operation is precious and can make a difference in ‘rescuing’ rather ‘recovering’ a drowning victim. Therefore, the purpose of this act is to establish a boat launching site at Laulau Bay to assist our local subsistence farmers, to improve emergency response times and ultimately save lives,” stated the new law, which is still unnumbered.
