Here at Naabik’iyati Committee where Delegate Leonard Tsosie is fighting to block Legislation 0091-14 from action by Naabik’iyati Committee. Tsosie asks Legislative attorney about having Speaker Pro Temp Bates exert his speaker discretion to send Legislation 0091-14 to RDC.
Legislation No. 0091-14: Relating to Naabik’iyati’; Rescinding,
Repealing and Rendering Null and Void Resolution RDCD-69-13:
Relating to Resources and Development; Acknowledging the Right-of-Way
and Surface Use by Uranium Resources, Inc. of its Churchrock Properties
Licensed by the U.S. Nuclear Regulatory Commission License No. SUA-
1580; Authorizing a Subcommittee (NABI)
(Sponsor: Honorable Edmund Yazzie)
LEGISLATIVE ATTORNEY MARIANA KAHN
This resolution is examine delegated authority and the examination is of the two Council resolutions; 2005 and 2013 regarding uranium issues and those resolutions passed by Council and examination is of whole Council and at RDC cuz review requires Naabik’iyati Committee and then Council.
there is resolution at RDC on this very same issue and has been there for a number of meetings.
DELEGATE LEONARD TSOSIE (CHAIRPERSON OF RDC SUBCOMMITTEE ON URANIUM)
I’m trying to figure out legislative attorney, making up rules as go along. RDC never said that it would examine delegation of authority that would be sent to Naabik’iyati.
And this about shutting down a Committee Subcommittee.
DELEGATE ROSCOE SMITH (RDC VICE CHAIRPERSON)
Legislative attorney said that there is an existing similar legislation before RDC.
DELEGATE JONATHAN NEZ
I drafted legislation to go to Naabi with understanding that Council understands that the RDC passed Legislation creating Subcommittee and also that there is another resolution at RDC and that it has been there for some time.
DELEGATE ROSCOE SMITH (RDC VICE CHAIRPERSON)
What happens to initial legislation that is before RDC? there is process and sponsor can challenge and I’d support that. but you have compromised process by creating this new legislation.
LEGISLATIVE ATTORNEY
Delegate Smith’s legislation is asking RDCto examine its own actions. there are instances where Council addresses issues and it nullifies existing legislation such as when Council approved supplemental appropriations and delegate asked for legislation to be drafted and put into process in case President vetoed legislation approved by Council.
DELEGATE SMITH
that example is about Executive Branch. this is about legislation going through process and now new process established where we don’t have to comply with precedence and tell legislative attorney to draft new legislation because sponsor didn’t agree with Committee action.
DELEGATE JOSHUA BUTLER
isn’t there process for controversial legislation to do directly to Naabik’iyati Committee?
LEGISLATIVE ATTORNEY KAHN
2 nnc 164, B-14, all legislation controversial may be referred to Naabi at discretion of speaker. so this is controversial legislation and may be referred to Speaker by delegate not part of committee.
DELEGATE EDMUND YAZZIE
I heard all questions here. does this go to RDC or Subcommittee? the bottom line is that this subcommittee was not approved by naabik’iyati and law says that subcommittee approved by Naabi. any subcommittee has to go through council and why legislation drafted. we as naabi didn’t vote for Tsosie and Pete to be on Subcommittee.
DANNY SIMPSON – POINT OF ORDER
The point is that it’s controversial. but that’s not issue. RDC legislation to creating Subcommittee should have been decided by Council. Uranium is controversial but issue is that RDC legislation should have gone to Council.
SPEAKER PRO TEMP
we cud do this all day long and whoever sits in this chair will not be agreeable. Direct that it go to RDC and then Naabi and then to Council. Highly recommend that RDC deal with it cuz sponsor can use controversial procedure and get it back to Naabik’iyati Committee.
DANNY SIMPSON
if u read NDOJ opinion, it states that RDC legislation is invalid. Going back to Tsosie statement about Yazzie bypassing RDC and I cud make same accusations about RDC and Tsosie. The RDC legislation should have gone to full Court. And if this has to Court, I guess we’ll do that. So who enforces invalidation? will it be attorney general?
DELEGATE LEONARD TSOSIE
I cud say same thing about Delegate Simpson. He crashed our Subcommittee. and wrong for Simpson to say Subcommittee created only thru Naabi.
DELEGATE NEZ
