Governor vetoes 911 bill over fiscal, drafting concerns

By Emmanuel T. Erediano
[email protected]
Variety News Staff

GOVERNOR David M. Apatang on Wednesday last week vetoed House Bill 24-49, which sought to transfer the 911 emergency call system from the Department of Public Safety to the Department of Fire and Emergency Medical Services in an effort to provide more rapid and direct access to emergency agencies.

Authored by Rep. Malcolm Omar, H.B. 24-49 would establish a NextGen 911 Telephone Communications System and transfer to DFEMS all programs, positions, personnel, property, and appropriations currently under the direction of DPS.

“There is a critical need for unified direction and administration to resolve the current fragmented, referral-type service, for training of emergency 911 call takers, and for funding to support training, additional personnel, and compliant emergency communications equipment,” the bill’s author said.

In his veto message, the governor applauded the bill’s intent to modernize emergency dispatch services in the CNMI and place them on a firm statutory footing with a funding mechanism, certification procedures, and designated personnel.

He, however, cited Attorney General Edward Manibusan’s concerns about inconsistencies, possible drafting errors, and insufficient fiscal oversight provisions, which, taken together, render the bill unsuitable for enactment in its current form. Apatang encouraged the Legislature to revise the measure and address the attorney general’s concerns.

According to the attorney general, the purpose of the bill is worthy of praise because the CNMI needs a modern, unified 911 system. However, he said establishing such a system is a complex undertaking that requires more detailed legislation.

He said H.B. 24-49, as currently written, “presents numerous drafting mistakes, contradicting assignments of authority, constitutional issues, and administrative problems.”

The attorney general also said the bill involves a sudden and substantial restructuring of an entire emergency program, including the creation of a new surcharge, establishment of a large special fund with sole department-head expenditure authority, and the purchase of expensive and complex 911 software and hardware.

He said those significant changes should be accompanied by clearer and more detailed legislation that respects the structure of the CNMI government and incorporates input from all relevant agencies.

Manibusan also noted there was no fiscal analysis despite the acknowledged high cost of implementing the bill. He added that insufficient public comment was received during House and Senate committee hearings despite the bill’s significance to public safety.

Two DFEMS employees submitted written comments supporting the bill, but no changes were made from the time it was introduced until its passage by the Legislature.

“This bill, as currently drafted, is likely to create confusion, financial abuse, and failure to establish a reliable modern 911 system,” the attorney general said.

While the goal of creating a modern 911 system is laudable, he said “this bill is not likely to accomplish it.” He added that the most significant aspect of the proposal — the transfer of personnel, budget, equipment, and duties from DPS to DFEMS — was left entirely unaddressed in the legislation.

Emmanuel “Arnold” Erediano has a bachelor of science degree in Journalism. He started his career as police beat reporter. Loves to cook. Eats death threats for breakfast.

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