THE House of Representatives on Tuesday unanimously passed House Bill 22-30 which would give lawmakers a reasonable allowance and define “reasonable allowance.”
Authored by Rep. Tina Sablan, H.B. 22-30 would also allow the Legislature to set the amount of the allowance and certify it as public purpose.
All 17 members present in the House session voted yes to the measure. Rep. Roy Ada was excused while House Minority Leader Angel A. Demapan and Rep. Joseph Leepan T. Guerrero were not in the chamber during the roll call vote.
H.B. 22-30 defines “reasonable allowance” as reasonable expenditures incurred in support of official and representational duties to the district from which a House member is elected. Official and representational duties include but are not limited to the following:
(a) Relating to the legislative process.
(b) Facilitating interaction between constituents and the CNMI government (including but not limited to information on laws, programs, regulations, funding, decisions, and other actions by the CNMI government.)
(c) Actions taken as a representative of the district from which a member is elected.
(d) Examples of expenses reasonably related to official legislative duties include but are not limited to the following:
(i) Office-related expenses, including office supplies, postage, printing charges, newspaper and other publication subscriptions, cellular telephone and internet plans, constituent lists, and legislative newsletters.
(ii) Office equipment and appliances, including furniture, computers and tablets, televisions and monitors, cellular telephones, coffee makers, and refrigerators. Office equipment and appliances purchased using the allowance are CNMI government property and cannot be used for private business purposes.
(iii) Official duty-related expenses, including leis or mwars (for ceremonial occasions or for those being honored by the Legislature); protocol-type gifts; room/facility rental costs; parking for members and staff attending meetings or functions away from the CNMI; conference registration fees; membership fees and dues to member/governance-related organizations; expenses related to interisland travel and travel outside of the CNMI, including airfare, hotel and food, to attend an event having a direct benefit to the Commonwealth, and automobile mileage reimbursement associated with a member’s use of his or her personal vehicle to attend meetings and other events in his or her official legislative capacity (excluding mileage relating to a member’s commute to work.)
(iv) Other food and beverages: expenses relating to food and beverages for visitors to a member’s office; for constituents and others (excluding legislative staff) who attend official meetings or functions involving a member at which the food and beverages are provided (for example, meetings with constituents, community meetings); and for members and legislative staff who are required to attend the meeting or function at which the food and beverages are provided. These expenses must be reasonably related to a member’s official duties; they also must be reasonable in cost for the given situation.
Prior to the roll call vote, Sablan said that although the CNMI Constitution allows lawmakers to receive allowance as provided by law, the definition of reasonable allowances has never been addressed until now. H.B. 22-30, she said, provides that definition and relies on the guidance of audit reports, legal guidance from the Office of Public Auditor and the legal opinion of the Office of the Attorney General.
Sablan said the bill would require the Legislature to undertake analysis of reasonable cost and require all lawmakers to maintain records of expenses.
She said H.B. 22-30 seeks to improve accountability for allowances because “we know that there had been issues well-documented in the past, and because there are no clear parameters in the law right now, and no definition for what is a reasonable allowance.”
Sablan added that there is also public perception, whether warranted or not, that these public funds are being abused or misused.
With H.B. 22-30, she said, “we have the opportunity to remedy these issues of public trust and set a standard for accountability in our law.”
Sablan thanked the House Judiciary and Governmental Operations chair, Rep. Celina Babauta, and the members for the work done in developing and refining the bill.
She also thanked the department and agency officials who provided recommendations and comments that are specific to the bill, as well as legal guidance and reports concerning legislative allowance in general.
She said the House JGO committee received very useful recommendations, especially from OPA and the AG’s office on how the Legislature could improve accountability for the allowance authorized by the CNMI Constitution.
