Rep. Joseph M. Palacios, R-Saipan, filed the legal action without a lawyer.
Palacios is the current chairman of the Saipan and Northern Islands Legislative Delegation’s Committee on Judicial and Governmental Operations.
Palacios said “this action for declaratory relief seeks the court to declare that H.L.B. 17-44 was passed in a valid manner and declare that a local law enacted by the Third Senatorial District is within the body of commonwealth law.”
House Local Bill 17-44 is titled, “The Saipan and Northern Islands Casino Control Act of 2011.
On Aug. 6, 2011, Palacios said the bill was passed by the delegation.
After undergoing the legislative process, the bill was signed by the House speaker and not the delegation chairman, and was legally transmitted to the governor on Aug. 29, 2011, Palacios said.
Fitial vetoed the bill on Oct. 6, 2011, saying it was unconstitutional, citing Article XXI of the CNMI Constitution and the definition of commonwealth law.
The proposed Saipan casino bill, as mandated by the CNMI Constitution and commonwealth code, “was not transmitted by the House speaker to the local Saipan mayor for approval,” Palacios added.
“By its terms, and as a matter of law, the Saipan Casino Act is Commonwealth Law,” Palacios said, quoting Fitial’s veto message on Oct. 6, 2011.
Palacios quoted another part of Fitial’s veto message which stated that “H.L.B. 17-44…was irregularly introduced and passed without any authority and in invalid on this basis.”
Palacios is asking the Superior Court for a declaratory judgment that a local law enacted by the third senatorial district is commonwealth law, and that H.L.B. 17-44 was properly introduced and passed with authority as a valid act of legislation.
Fitial supports a Saipan casino and has urged lawmakers to pass a commonwealth bill to make it happen.
