House Bill 16-191, or the Commonwealth Emergency Relief Act, which then-Speaker Arnold I. Palacios, R-Saipan, and 16 others introduced on Nov. 13, 2008, also prohibits the governor from having the authority to privatize or sell any government function, interest or service except through competitive bidding.
But the governor said the strict reporting requirement is “unnecessary and unduly burdensome at this time.”
“I commend the Legislature for introducing this measure for stricter reporting requirements when a state of emergency is declared and to shorten the time of the emergency. However, the stricter reporting requirement is unnecessary and unduly burdensome at this time as all departments and agencies in the government are currently operating with meager resources and less staff,” the governor wrote in his veto message.
“Furthermore, 60 days for a declaration is sufficient and adequate and reducing the time period to 30 days does not provide any significant benefit to the community or the affected department or agency,” he added.
H.B. 16-191 came about after the governor’s frequent declaration of emergencies that allowed him to take control of the Commonwealth Utilities Corp.
He also took over the Commonwealth Ports Authority and declared a similar emergency for the Commonwealth Health Center.
The emergency declaration for CPA has ended, but Fitial remains in control of CUC and CHC.
H.B. 16-191 redefined cases whereby emergency declarations are warranted.
Under the bill a disaster would only mean any of the following: “the occurrence or imminent threat of a widespread or severe damage, injury, or loss of life or property resulting from typhoons, tornadoes, storms, floods, high waters, wind-driven waters, tidal waves, earthquakes, fires, oil spills, or other water contamination requiring emergency action to avert danger or damage, volcanic activity, epidemic, air contamination, blight, drought, infestation, or explosion or other calamity which result in extreme peril to the safety of persons and property within the commonwealth….”
A disaster also means unforeseen energy shortage resulting from embargo, sabotage or natural disasters.
“The Legislature clarifies the reach of the governor’s emergency authority in this Act and the procedural requirements of reporting to the Legislature within a specific time frame on the use of available funds and actions taken to address the emergency,” the proponents of the vetoed bill said in their findings.
