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Gov Msg No nps COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS
Benigno R Fitial Eloy S Inos Governor Lieutenant Governor
OCT J n2010
Honorable Froilan C Tenorio Speaker House of Representatives Seventeenth Northern Marianas Commonwealth Legislature Saipan MP 96950
The Honorable Paul A Manglona Senate President Seventeenth Northern Marianas Commonwealth Legislature Saipan MP 96950
Dear Mr Speaker and Mr President
This is to inform you that I have signed into law with a disapproved item House Bill 17shy123 HD1 SS 1 entitled To make appropriations for the operations and activities of the Government of the Commonwealth ofthe Northern Mariana Islands its agencies instrumentalities and independent programs and to provide budget authority for government corporations for Fiscal Year 2011 which was passed by the Seventeenth Northern Marianas Commonwealth Legislature
After 8 full days ofthe government shutdown the legislature passed a balanced budget which by this enactment restores all government activities Clearly the legislatures aspirations to lessen the financial impact on our government employees seemingly delayed the timely passage ofa balanced budget While I share the same concerns as yours we cannot tum a blind eye on the fact that our Commonwealth has been experiencing a decline in revenue for some time now and can no longer sustain the activities and employees it has without much needed austerity measures Thus in an effort to retain as many employees as possible my budget submission included a 16 hour bi-weekly reduction in work hours
While I am approving this measure into law I am compelled to address several sections which may be problematic in its implementation or in its fairness to other activities of the government
bull Section 402 requires the Governor to seek approval from the legislature to reduce appropriated funds If the Secretary of Finance reports that projected resources are decreasing it would be distressing to know that the corresponding reduction in expenditure may be made only with legislative approval This provision is irresponsible and fails to provide any logical intent for its inclusion in the passage Moreover it perpetuates the culture of deficit spending
bull The reprogramming authority in Section 50l(b) if exercised will benefit only those activities listed under Section 704 as Section 501 (c) requires the approval of the legislature to reprogram other funds This restriction is wholly unreasonable as it deprives non Section 704 funded activities to receive the benefit of much needed reprogrammable funds
bull Section 601 appropriates funds for utilities for the branches departments and agencies of the Commonwealth government with exceptions as listed The difficulty with the appropriated amount is that it is over $15 million less than my submission Adequate utility allocation is important for government operations therefore this appropriation should not have been decreased while other activities appropriations were increased It is highly imperative that the legislature address this shortfall to ensure utility service without interruption If this matter is not immediately addressed the Commonwealth Utilities Corporation will be in the same predicament as in the past fiscal year which will force the government to scramble for funds to keep the CUC afloat
bull Section 602 provides that should a vacancy be filled for critical or emergency positions absent a law defining such positions the legislature must approve by joint approvaL This section is problematic for two reasons one it fails to state whether the approval must come in the form of a resolution or a public law and two if the legislature does not act expeditiously on a request to hire there may be detrimental effects in the case wherein the position needing to be filled would be a health care professional or another position affecting the health safety or welfare of our community
bull Section 605 (a) repeals payment for legal holidays during fiscal year 201 L In essence repealing abolishes -- rather than suspends -- the payments Legal holiday payments for fiscal year 2011 should have been suspended The legislature must be conscientious of this abolishment and restore the legal holiday payments in the following fiscal years
bull Section 605 (c) authorizes the Governor to select one or more holidays for which employees shall receive leave with pay Section 605 (d) authorizes the expenditure authorities to grant leave with pay if funds are available in their personnel accounts While this is permissible under the Act which does not immediately and directly impact the funds appropriated exercise of the authority could potentially increase costs thereby defeating the non-paid holiday restriction of Section 605 (a) and associated savings The restriction of Section 605(a) is
intended to reduce expenditures so as to keep the government operational for the duration of Fiscal Year 2011
bull Section 702 increased the Judicial Branchs appropriations by $350000 Earlier the Judicial Branch requested an additional allocation for payment of legal fees for indigent defendants and an administrative provision allocating $200000 was proposed but such language was not included in this measure Despite the legislatureS failure to include that administrative provision I am confident that the Judicial Branch will allocate the funds for that purpose
bull Section 706 increased the Tinian and Aguiguan Legislative Delegations FTEs by 17 positions and increased its funding level by almost half a million dollars We find such increase troubling as one of the main focuses of the budget impasse was the work-hour reduction and the ability to support the number of current employees at the projected resources for this fiscal year It is ironic that while other departments agencies instrumentalities branches and programs are required to absorb deep funding cuts the Second Senatorial District has seen it fitting to increase its appropriation just to have equal funding level to that of the First Senatorial District
bull Section 707 increased the Saipan Mayors FTE ceiling by 16 positions and increased its funding level by $377284 It also increased the Northern Islands Mayors funding level by $40000 As in the case of the Second Senatorial District it is ironic that while other departments agencies instrumentalities branches and programs are required to absorb deep funding cuts the Saipan Mayor is allocated new FTEs and additional funds While we recognize the importance of the Office of the Mayor much of the functions of the Mayors Office are duplicative of the Department of Public Works and the Parks and Recreation Division of the Department of Lands and Natural Resources
Line 20 under Section 708 (a) is disapproved as its approval would set an undesirable precedence for similar programs and activities This particular appropriation subsidizes a private company for charter flights and related tourism activities to the island of Rota The appropriation is not supported by any detailed cost analysis to justifY the amount claimed It should be noted that Tinian and Saipan also face immense challenges with charter flights to the respective islands Subsidizing charter flights for one island andor one company may lead to subsidies for the other islands as well but more importantly may lead to government subsidies in other private efforts in the CNMI Instead of subsidizing one particular company for one particular island I strongly urge the legislature to work collaboratively with the Administration in assisting MY A to achieve greater success in promoting the Commonwealth as one paradise destination
Apart from the concerns explained above I am pleased that the Legislature maintained the appropriate levels of funding for the Public School System and the Northern Marianas College so as to ensure that the Maintenance of Effort agreement with the US Department of Education is maintained In these challenging times our educational system is privileged to receive such assistance from both the local government and the federal government
The shutdown of government services along with the hardships endured by government employees their families and businesses should be heeded as a lesson of the severe impact caused by failing to timely pass a balanced budget as required by our Constitution Therefore despite the many concerns of this appropriations measure I approve this legislation to restore normalcy into our government operations and the lives of our government employees
As we implement and expend funds under this Act we must not lose sight of the other challenges that we continue to seek resolution for such as the increasing costs for health and life insurance as well as the increasing employer contribution rates for the defined benefit plan members of the Northern Mariana Islands Retirement Fund I recommend that the members of the legislature begin exploring options as to address these issues
This bill becomes Public Law No 17-21 Copies bearing my signature are forwarded for your reference
cc Lt Governor Office of the Attorney General CNMI Judiciary Mayors CNMI Municipal Councils CNMI Press Secretary Office ofthe Governor Special Assistant to the Administration Special Assistant for Programs amp Legislative Review All Departments Agencies Public Corporations Autonomous Agencies
during its 11th Day Second Regular Session on October 8 2010
PUBLIC LAW NO 17-21
Stfflent~mtliugisfature Qjtlie
CommOnWMpoundth oftlie 2Vortliem Mariana IslandS
IN THE HOUSE OF REPRESENTATIVES
11th Day Second Regular Session
October 8 2010
Representative Ramon S Basa of Saipan Precinct 5 (for himself Representatives Felicidad T Ogumoro) in an open and public meeting with an opportunity for the public to comment introduced the following Bill
B B 17123
AN ACT
TO IUKE APPROPRIATIONS FOR THE OPERATIONS AND ACIIVITIES OF THE GOVERNJIENT OF THE COMMONtfEALTH
OF THE NORTHERN IlABUNA ISlANDS ITS AGENCIES INSTRUMENTALITIES ANI) INDEPENJ)ENT PROOBAIIS ANI)
TO PROVIDE BUDGET AUTHORITY FOR GOVERNMENT CORPORATIONS FOR FISCAL YEAR 2011
The Bill was not referred to a House Committee
THE BILL WAS PASSED BY THE HOUSE OF REPRESENTATIVES ON
FIRST AND FINAL READING OCTOBER 8 2010 with amendments in the form ofH B 17-123 HDl and transmitted to the
THE SENATE
The Bill was not referred to a Senate Committee THE BILL WAS PASSED BY THE SENATE ON FIRST AND FINAL READING ON OCTOBER 8 2010
with amendments in the form ofR B 17-123 HD1 SSt
H B 17-123 HDl SSI WAS RETURNED TO THE HOUSE OF REPRESENTATIVES ON OCTOBER 8 2010
The House of Representatives accepted the Senate amendments and passed H B 17-123 HD1 SSI
~ ng House Clerk
PUBLIC LAW NO 17-21
S~t~tmdi Legislature ojtlie
COmtllJJlruwlftli ojtlie Nortliem Mariana Isfands
IN THE HOUSE OF REPRESENTATIVES
11th Day Second Regular Session
October 8 2010
B B 17123~ BDl~ SSt
AN ACT
To make appropriations for the operations and activities of the Government of the Commonwealth of the Northern Mariana Islands its agencies instrumentalities and independent programs and to provide budget authority for government corporations for Fiscal Year 2011
Be it enacted by the Seventeenth Northern Marianas Commonwealth Legislature
1 CHAPTER 1 PRELIMINARY PROVISIONS
2 Section 101 Short Title This Act may be cited as the Appropriations
3 and Budget Authority Act of2011
4 Section 1 02 Purpose This Act appropriates local funds for the
5 operations and activities of the Government of the Northern Mariana Islands its
6 agencies instrumentalities independent agencies and political subdivisions and
7 provides authority for government corporations for Fiscal Year 2011 commencing
8 October 12010 and ending September 30 2011
9 Section 103 Definitions As used in this Act
JO (a) RU means business unit
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PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SS1
(b) Government of the Commonwealth of the Northern Mariana Islands
includes
(1) Legislative Branch which includes the following business
units
1722 House ofRepresentative Salaries
New House Member Account amp Employees
New House Leadership Account
1770 Legislative Bureau
1799 Retirement Fund Contribution
1593 Youth Congress
1762 Senator Salaries
New Senate Members Account amp Employees
New Senate Leadership Account
(2) Judicial Branch which includes the following
1690 Superior Court
1691 Supreme Court
1692 Law Revision Commission
1694 Judicial Administration
(3) Executive Branch which includes the following departments
and offices
(A) Offices of the Governor which includes business
units
1011 Office of the Governor
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PUBLIC LAW NO 17-21
HOUSE BILL 17-123 IIDI SSI
1021 Governors Discretionary Account
1050 Lt Governors Office
1051 Lt Governors Discretionary Account
1014 Management and Budget
1016 Administrative Services
1017 Governors Press Secretary
1018 Programs and Legislation
1019 Emergency Management Office
1020 Youth Affairs
1023 Board ofParole
1026 Personnel Management
1027 Personnel Management - Tinian
1028 Personnel Management - Rota
1033 Scholarship Fund
1190 Public Defender
1201 Carolinian Affairs
1202 Indigenous Affairs
1251 Veterans Affairs
1260 Womens Affairs
1492 DEQ Environmental Protection
1493 DEQ Litter Control
1494 DEQ - Tinian
1495 DEQ - Rota
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PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
1496 DEQ Groundwater Protection
1555 Zoning
350111583 WIA
1584 CJPA
1915 Vocational Rehabilitation
(B) Office ofthe Attorney General which includes business units
1170 Attorney Generals Office
1185 AGO Consumer Counsel
1187 AGO - Investigations
1188 AGO - Special Investigations
(C) Department of Community and Cultural Affairs which
includes business units
1200 CCA - Secretarys Office
1220 CCA - DivYouth Services
1223 CCA - Child Care Licensing Program
1230 CCA - Historic Preservation
1240 CCA - Office on Aging
1250 CCA - Council for Arts amp Culture
1252 CCA - LIHEAP
1270 CCA - Sports amp Recreation
1557 ChamorroCarolinian Language Commission
(D) Department of Commerce which includes business units
1300 Commerce - Secretarys Office
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HDl SSI
1310 Commerce - Economic Dev
1331 Commerce - Central Statistics
1332 Commerce - ABTC
1333 Commerce - Enforcement
(E) Department of Corrections which includes business units
1335 Department ofCorrections
(F) Department of Finance which includes business units
1100 DOF - Secretarys Office
1110 DOF Finance and Accounting SPN
1120 DOF Treasury
1130 DOF Revenue and Taxation - Saipan
1140 DOF Procurement -Saipan
1150 DOF Customs - Saipan
1160 DOF Electronic Data Processing
(G) Department ofLabor which includes business units
1275 Labor - Secretarys Office
1280 Labor - Labor
1283 Administrative Hearing Office
1330 Labor - Employment Services
3430 Labor - Enforcement Fund
(H) Department of Lands and Natural Resources which includes
business units
1400 DLNR - Secretarys Office
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
1 1410
2 1420
3 1440
4 1461
5 1467
DLNR - Agriculture - Saipan
DLNR - Fish amp Wildlife - Saipan
DLNR - Parks amp Grounds
DLNR - Soil amp Water (SPN amp NI)
DLNR - Land Registration amp Survey
(I) Department of Public Health which includes business units
7 1804
8 1878
9 1901
1905
1925
1951
1952
1970
1976
1979
1980
1983
1984
DPH - Commonwealth Health Center
DPH - Medical Supplies
DPH - Secretarys Office
DPH - Environmental Services (SPN)
DPH - Mental Health amp Social Services
DPH - Medicaid Reimbursement
DPH- CHIP
DPH - Dental Services - Saipan
DPH - General Public Health
DPH - Medical Referral
DPH - Medicaid Administration
DPH -Childrens Development amp Assistance Center
DPH - Transitional Living Center
(J) Department of Public Lands which includes business units
1950 Department of Public Lands
(K) Department of Public Safety which includes business units
1340 DPS - Commissioners Office
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HDl SSI
1 1350
2 1362
3 1365
4 1370
5 1380
6 1390
7 1360
8 1361
DPS - Police - Saipan
DPS - Administrative Div
DPS - Bureau of Motor Vehicles
DPS - Investigative Div
DPS - Fire
D PS - Boating Safety
DPS - Training and Academy
DPS - Criminal Justice Information Systems
(L) Department of Public Works which includes business units
10 1470
11 1471
12 1480
13 1484
14 1485
15 1486
16 1490
DPW - Building Safety Code
DPW - Secretarys Office
DPW - Operations amp Maintenance (SPN)
DPW - Roads and Grounds Div
DPW - Solid Waste Management
DPW - TransAutolHeavy Equipment Div
DPW - Technical Services
(4) First Senatorial District (Rota) which includes the following
18 business units
19 1065
1068
~ 21 1066
111222
1132
Office of the Mayor - Rota
Mayors Contingency Fund
Municipal Council - Rota
DOF - Finance amp Acctg - Rota
DOF - Revenue amp Tax - Rota
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PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HDl SSI
1142 Finance - Procurement - Rota
1152 DOF - Customs - Rota
1232 Historic Preservation - Rota
1272 CCA - Sports amp Recreation- Rota
1282 DOL - Labor - Rota
1312 Commerce - Economic Dev - Rota
1352 DPS - Police - Rota
1353 DPS - Property and Protection Fire
1412 DLNR - Agriculture - Rota
1422 DLNR - Fish amp Wildlife - Rota
1442 DLNR - Parks amp Recreation - Rota
1463 DLNR - Soil amp Water Cons
1468 DLNR - Land Registration amp Survey
1482 DPW - Operations amp Maintenance - Rota
1523 Public Library - Rota
1912 DPH - Public Health - Rota
1957 DPH - Environmental Health - Rota
1989 DPH - Dental Services - Rota
3421 Youth Training
(5) Second Senatorial District (Tinian and Aguiguan) which
includes the following business units
1063 Mayor ofTinian - Office
1067 Mayors Contingency Fund
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
1 1064
2 1111
3 1131
4 1141
5 1151
6 1231
7 1271
8 1281
9 1311
10 1351
11 1411
12 1421
13 1441
14 1462
15 1481
16 1524
17 1906
18 1907
19 1911
20 3420
Municipal Council - Tinian
Finance amp Accounting - Tinian
DOF - Revenue amp Tax - Tinian
DOF - Procurement - Tinian
DOF - Customs - Tinian
CCA - Historic Preservation - Tinian
CCA - Sports amp Rec - Tinian
Labor - Labor - Tinian
Commerce - Economic Dev - Tinian
DPS - Police - Tinian
DLNR - Agriculture - Tinian
DLNR - Fish amp Wildlife - Tinian
DLNR - Parks amp Recreation - Tinian
DLNR - Soil amp Water Cons - Tinian
DPW - Operations amp Maintenance - Tinian
Public Library - Tinian
DPH - Public Health - Tinian
DPH - Dental Services - Tinian
DPH - Environmental Health - Tinian
Youth Training
lt21 (6) Third Senatorial District (Saipan and the Northern Islands)
which includes the following governmental offices
23 1060 Mayor ofNorthern Islands
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
1061 Mayor of Saipan - Mayors Office
1059 Mayors Contingency Account
1062 Saipan and Northern Islands - Municipal Council
(7) All government corporations as defined in 1 CMC sect7103(n)
for which budget authority is herein provided including the following
(A) Commonwealth Development Authority
(B) Commonwealth Ports Authority
(C) Commonwealth Utilities Corporation
(D) Marianas Public Land Trust
(E) Northern Marianas Housing Corporation
(F) Northern Marianas Retirement Fund
(G) Public Utilities Commission
(8) Boards and Commissions which includes the following
business units
1540 Civil Service Commission
1551 Commission on Election
1556 Board of Professional Licensing
(9) Other Programs and Autonomous Agencies which includes the
following business units
1600 Workers Compensation Commission
1601 Governor I Lt Gov Pension
1602 Retirement COLA PL 5-38-39-25
1603 NMIOIC
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
Aetna R -Off amp Ret
(10) Public Corporations which includes the following business
units
1605 Northern Marianas College
3450 NMC - Apprentice Program
1606 Marianas Visitors Authority
1001 Board Of Education
1607 Public School System
(c) Independent programs means government programs under
separate boards established by law (unless receiving appropriations or
budget authority under another heading) specialized general items of
appropriations and those non-profit corporations and associations or
organizations established outside of the Government of the
Commonwealth of the Northern Mariana Islands to which the
Commonwealth Government provides financial assistance including
business units
1592 Joeten-Kiyu Public Library
1515 Public Assistance Program Matching Funds
1623 Judgments Against Government
3661 Commonwealth Museum
New La Fiesta Lease
1549 Council for the Humanities
23 1562 Ayuda Network
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
1568 Domestic Violence
1570 National Governors Association
1577 Karidat
1580 Micronesian Legal Services
1591 Utilities - CNMI Government
(d) Local funds means locally generated revenues and revenues
received pursuant to Section 702 (a) of the Covenant
(e) Operations means appropriations for all lawful activities
other than personnel
(f) Personnel means appropriations for salaries employers
contribution to the Northern Marianas Retirement Fund the Defined
Contribution Plan overtime night differential hazardous pay and other
employee wages and benefits
(g) Position or Full-Time Equivalent (FTE) means the
maximum number of persons that may be employed pursuant to Article
X Section 7 of the Commonwealth Constitution but does not include
Workforce Investment Agency substitute teachers summer trainees
teacher aides physicians licensed professional nurses and licensed allied
health providers working part-time and paid only for instructional time
student teacher trainees or short-term specialized instructors such as
visiting artists performers writers and the like For purposes of this
exception part-time means employment not exceeding 40 hours in any
biweekly pay period and short-term meansmiddot not more than 90
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 DD1 SS1
instructional days employment within the Public School System during the
fiscal year
CHAPTER ll ESTIMATED REVENUES
Section 201 Estimated Revenues Pursuant to House Concurrent
Resolution No 17-2 HDl the total estimated revenues and resources approved
and identified for FY 2011 are as follows
L Total identified budgetary resources $149171000
II This amount is subject to the following adjustments
(a) Less revenue transfer to other funds
(1) PL 13-38 Cigarette Excise Tax to Tobacco Control lt1365000gt
(2) 10 Excise Tax Transfer to Solid Waste Revolving Fund lt1585000gt
(3) CIQ reimbursement for airport overtime lt475000gt
(4) 4 CMC Section 1803 (b) NMIRF Hotelcontainer tax per court order
lt1690000gt
(5) 4 CMC Section 1803 (b) MV A hotel container tax earmarking
lt3835000gt
(b) Less debt services previously appropriated
(1) 2003A $40 million bond repayment lt$369000gt
(2) 2007 A refunding bond payment lt$5152500gt
(3) 2007B refunding bond payment lt$2134500gt
(c) Deficit Reduction $
Subtotal lt$16606000gt
(d) Net FY 2011 budgetary resources available for appropriation $132565000
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSt
1 ( e) Department of Public Lands $2820866
2 Grand Total
3 Notwithstanding 1 CMC 7204 funds appropriated for FY2011 shall be
4 allotted monthly
5 Section 202 Suspension of Earmarked Funds Except for debt service
6 obligations and other earmarking of funds as permitted in Section 201 of this
7 Chapter the earmarking reservation commitment allotment or allocation of
8 funds pursuant to the following public laws are hereby suspended for Fiscal Year
9 2011
10 (a) Public Laws 15-5 and 14-54 (Non-resident Worker Fund Fees
11 to NMC and PSS and 10 of Gaming Jackpot Tax to PSS) and
12 (b) 4 CMC sect 1508(a) and (b) (10 of General Fund poker fees to
13 the Human Resources Development Fund [WIA] and 50 to the
14 Retirement Fund)
15 CHAPTER III
16 GOVERNMENT CORPORATIONS AND DESIGNATED
17 AGENCIESACTIVITIES
18 Section 301 Appropriation and Budget Authority Pursuant to 1 CMC sect
19 7206 and as provided herein budget and expenditure authority for the following
20 activities is hereby approved Expenditures in excess of the budget authority
21 approved herein for agencies to which public funds are appropriated shall not be
22 incurred or committed and hiring in excess of FTE ceilings is prohibited unless
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HDl SSI
1 authorized by a legislative joint resolution in accordance with Section 7 Article X
2 of the NMI Constitution
3 ACTIVITIES FTE OPERATIONS TOTAL
4 (a) Commonwealth Development Authority 27 758386 452691 1211077
5 (b) Commonwealth Ports Authority no submittal
6 (c) CNMI Govt Health amp Life Ins --------------------Privatized ------------------shy
7 (d) Commonwealth Utilities Corporation no submittal
8 (e) NM Housing Corporation 24 1110989 1113108 2224097
9 (f) NMI Ret Fund 27 1353669 76659330 78012999
10 (g) Office ofthe Public Auditor 30 1818525 755700 2574225
11 (h) Public Utilities Commission 55553 137550 193103
12 Grand Total 109 $520972122 $7921182379 8422152501
13 Notwithstanding the above dollar amounts the entities above shall expend only
14 the lesser of funds actually generated collected or received or the amounts
15 indicated above
16 Section 302 Prior Certification of Funds
17 No person shall be employed or enter into contractual relationship with the
18 Commonwealth or any government entity therein without first receiving from the
19 Secretary of the Department of Finance certification that lawful and sufficient
20 funds for the purpose are available For purposes of this section professional
21 services shall include but not be limited to services provided by engineers
22 accountants physicians lawyers and other similar professionals
23 Section 303 Reporting Requirement The expenditure authorities of the
24 foregoing activities listed in Section 301 shall submit to the presiding officers of
25 the legislature at the end of each quarter an itemized report on the expenditures
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PUBLIC LAW NO 17-21
HOUSE BILL t7~t23 HDt SSt
for personnel and operations of each government entity and the payments of the
public auditors fee for the quarter ended and if applicable year~to-date totals as
of the close of the reporting period
CHAPTERIV ADMINISTRATION OF APPROPRIATED FUNDS
Section 401 Management of Funds
The expenditure of the funds appropriated and allocated under this Act
shall be regulated and controlled by the Secretary of Finance so that no agency
department instrumentality program or activity may expend the funds contrary
to the law or fiscal management policies and practices of the Commonwealth
Provided further that in addition to the report required under 1 CMC sect7209 the
Secretary ofFinance shall submit at the end of each quarter an itemized report on
the expenditures for personnel and operations of each business unit funded in
whole or in part by the General Fund for the quarter ended and if applicable
year-to-date totals as of the close of the reporting period
Section 402 Notwithstanding 1 CMC sect 7204 without prior legislative
approval consultation and concurrence no funds appropriated in this Act shall be
reduced or reprogrammed by the Governor except as provided herein
Section 403 FTE Ceiling
(a) Employment Ceilings Pursuant to Article X sect 7 of the
Commonwealth Constitution the employment ceilings are hereby established as
21 set forth herein
Section 404 Expenditure Authority 22
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SS1
(a) The distribution and expenditure of funds shall be in compliance with
the fiscal expenditure authority the listed agencies have pursuant to statute and the
administrative provisions of this Act as set forth herein
(b) Except as provided in this Act the funds appropriated pursuant to this
Act shall be expended by the respective expenditure authority pursuant to 1 CMC
sectsect 7401 and 7503
(c) For the Ground Water Management and Protection Act Fund
expenditure authority is vested in the Director of the Division of Environmental
Quality
(d) For all government agencies receiving appropriated funds for
personnel or staff housing administrative and expenditure authority over housing
and accompanying funds including but not limited to approval of lease
agreements is vested in the appropriate agency officials designated by law as
having expenditure authority
(e) For the Domestic Violence Task Force expenditure authority is vested
in the Family Violence Task Force chairperson with concurrence of the Family
Violence Task Force coordinator
(f) For Crime Stoppers International the chairperson of the board of the
directors shall be the expenditure authority
(g) For Independent Programs unless otherwise provided in this Act or in
any other provision of law expenditure authority shall be vested in the Secretary
ofFinance
23 CHAPTER V REPROGRAMMING AUTHORITY
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 lID1 SSI
Section 501 Reprogramming Authority
2 (a) Unless otherwise specified in this act authority to reprogram
3 appropriated funds shall be as provided under I CMC sectsect 7402 and 7504
4 (b) Provided however 1 CMC sectsect 7402 (b) is hereby suspended for the
5 period of this Act Governor shall have 100 reprogramming authority on funds
6 appropriated under Section 704 of this Act
7 (c) Notwithstanding any law to the contrary the Governors authority to
8 reprogram funds under this section shall include the authority to reprogram funds
9 available to all public corporations agencies and entities of the Commonwealth
10 Government upon approval by joint approval ofthe legislature provided that such
11 funds are not restricted from reprogramming by federal law federal grant
12 conditions Commonwealth constitutional prohibitions and deposit and other
13 security restrictions related to bond covenants and the financing of public
14 projects
15 CHAPTER VI SUPPLEMENTAL ADMINISTRATIVE PROVISIONS
16 Section 601 Utilities The amount of $7539509 included in the
17 Independent Programs shall be appropriated for the payment of utilities for the
18 branches departments and agencies of the Commonwealth government except
19 the business units listed in Section 103(b)(7) and the Public School System and
20 the Northern Marianas College
-21 Section 602 Hiring Restriction
22 (a) As long as work hours and wages are reduced no vacancies shall be
23 filled except for critical and emergency positions provided that until a law is
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
passed defining critical and emergency positions said critical and emergency
2 positions must be approved by joint approval of the legislature
3 (b) In order to reduce the size of the Government except for the Public
4 School System the Northern Marianas College and health care professionals of
5 the Department of Public Health and Environmental Services any FTE (full-time
6 equivalent) that becomes vacant shall be eliminated The renewal of the contract
7 for an existing employee shall not be considered creating a vacant position If a
8 new position or vacant position is necessary to be filled to protect the health
9 safety and welfare of the public the expenditure authority may request the
10 Legislature to establish a new FTE by joint resolution The appropriations set
11 forth in Section 704 are contingent on this section remaining in this Appropriation
12 Act
13 Section 603 Litigation Expenditures Restricted
14 Except for the governor the attorney general the chief justice of the
15 Commonwealth supreme court presiding officers of the legislature mayors and
16 municipal councils and notwithstanding any law to the contrary no agency
17 expenditure authority may use any part of their appropriations in connection with
18 prosecuting a legal matter against another agency unless authorized by the chief
19 justice in the case of agencies within the judicial branch the governor in the case
20 of agencies within the executive branch and the presiding officers in the case of
21 agencies within the legislative branch and mayors in the case of agencies under
22 their authority The terms agency and agencies as used in this section shall be
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HDl SSI
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1 liberally construed to include all instrumentalities and subdivisions of the
2 Commonwealth Government
Section 604 Public Auditors Fee
The Public Auditors Fee is 1 (one percent) of the total appropriations
for each instrumentality department agency corporation and budget activity of
the CNMI Government Notwithstanding any other provision of law any lapsed
funds from the Office of Public Auditor shall be applied to CNMI deficit
reduction only Agencies that are not funded by the general fund listed in section
301 (a)-(h) shall remit their respective fee on a monthly basis to the Department
ofFinance
Section 605 Legal Holidays
(a) The following laws and regulations providing for payment of legal
holidays are repealed during fiscal year 2011
1 CMC sect312 and sect313
Title 10 NMIAC sect10-lO-135G) (Excepted Service)
Title 10 NMIAC sectlO-202-346 (Civil Service Executive Branch)
Title lO NMIAC sect lO-30-344 (Civil Service Judicial Branch)
Title 40 NMIAC sect40-40-425 (Commonwealth Ports Authority)
Title 60 NMIAC sect60-301-444 (Public School System)
Title 100 NMIAC sect 100-50-430 (Northern Marianas Housing
Corporation)
Title 120 NMIAC sect120-lO-230 (Excepted Service) and
Title 130 NMIAC 130-20-330 (Office of the Public Auditor)
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HDl SSI
1 (b) Any employee required to work on a legal holiday shall be paid hislher
2 regular salary
3 (c) From the legal holidays listed in 1 CMC sect311 the Governor may
4 select one or more legal holidays for fiscal year 2011 for which employees shall
5 receive leave with pay
6 (d) Although leave with pay is not required for legal holidays during
7 Fiscal Year 2011 expenditure authorities may grant leave with pay for their
8 employees if they have available funds in their personnel account
9 CHAPTER VII APPROPRIATIONS
10 Section 701 In General
11 (a) Funds designated in Chapter II as available for appropriation for FY 2011
12 are hereby appropriated pursuant to this Chapter
13 (b) A business units FTE ceiling shall be established in this Chapter No
14 business unit shall exceed its FTE ceiling unless authorized by this Act or joint
15 resolution of the legislature
16 (c) Reduction in the Level of Appropriations In order to provide expenditure
17 authorities with flexibility in determining the allocation of funding for their operations
18 expenditure authorities must reduce their expenditures to achieve the level of
19 appropriation under this Act
20 Expenditure authorities may reduce previous levels ofexpenditure by
21 (1) A reduction in work hours
22 (2) A reduction in wages
23 (3) Furlough
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
1 (4) A reduction in force
2 (5) A reduction in expenditures for all others or
3 (6) A combination of reductions under subsections (1) through (5)
4 (d) The reduction in work hours shall not exceed 16 hours per bi-weekly pay
5 period If sufficient additional resources are not identified during the first quarter of
6 FY 2011 to allow an increase in work hours the reduction in work hours may be
7 continued
8 (e) Suspension of Restrictions on Reprogramming To provide for the
9 reprogramming between personnel and non-personnel accounts 1 CMC sect7402(c) is
10 suspended for the period that this Act is in effect
11 (f) Provided however that during the period of this Act no funds shall be I I
12 reprogrammed from non-personnel accounts to personnel accounts to increase any
13 salaries from its current level
14 Section 702 Judicial Branch
15 (a) There is hereby appropriated the following amounts to fund the personnel
16 and non-personnel expenses as listed below of the Judicial branch
17 FTE PERSONNEL OPERATIONS TOTAL
18 Supreme Court 11 792333 3639 795972
19 Superior Court 45 1714552 160961 1875513
20 Administration 13 295435 217240 512675
21 Law Revision Comm 5 132442 6245 138687
22 TOTAL 74 $2934762 $388085 $3322847
23 Section 703 Legislative Branch
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
1 (a) In accordance with Article II sect16(b) and (c) of the NMI Constitution as
2 amended by Legislative Initiative 10-8 the following amounts are hereby appropriated
3 to fund the personnel retirement contribution and non-personnel expenses as listed
4 below of the Legislative branch
5 FTE PERSONNEL OPERATIONS TOTAL
6 House Members Salary 20 954597 954597
7 House Members Allocation 100 1700000 1700000
8 House Leadership Allocation 138000 138000
9 Senate 9 431141 431141
10 Senate Members Allocation 45 765000 765000
11 Senate Leadership Allocation 138000 138000
12 Legislative Bureau 28 1274764 167000 1441764
13 CNMI Youth Congress 1 21167 20000 41167
14 TOTAL 203 $2681669 $2928000 $5609669
15 (b) Salaries of Legislative Members
16 (1) The amount appropriated under this section to the House of
17 Representatives under personnel shall be used to fund the salaries and
18 benefits of the members of the House of Representatives The expenditure
19 authority for the amounts appropriated shall be the Secretary of Finance
20 (2) The amount appropriated under this section to the Senate under
21 personnel shall be used to fund the salaries and benefits of the members of the
22 Senate The expenditure authority for the amounts appropriated shall be the
23 Secretary of Finance
24 (c) House Members Office Accounts and Employees
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8
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
(1) The Department of Finance shall establish and assign a number to a
new business unit account entitled House Members Office Accounts for the
appropriation for House Members Allocation Another new business unit
account entitled Senate Members Office Accounts for the appropriation for
Senate Members Allocation Under each of these said accounts an equal
amount of the appropriation shall be allocated to subaccount further established
thereunder for each member of the respective house for the operations of the
members office as permitted under section 16 of article II of the CNMI
Constitution applicable laws and the rules of the legislative body to which the
member was elected
(2) Notwithstanding 1 CMC sect7401(c) to the contrary each member
shall be the expenditure authority of the funds allocated to their individual sub-
account
(3) Funds allocated for the operation of the members office including
but not limited to the personnel costs of the members employees and
expenditures as authorized by the adopted rules of the Senate in the case of the
Senate member or the adopted rules ofthe House of Representatives in the case
of a House member such as a monthly stipend to defray travel and incidental
expenses for the purpose of attending to legislative business outside the
members senatorial district
(4) Allocation ofFTEs among House members shall be governed by the
rules of the House
1
2
3
4
5
6
7
8
9
10
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12
13
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
(5) Allocation of FTEs among Senate members shall be governed by
the rules of the Senate
(d) Senate and House Leadership Accounts
(1) The Department of Finance shall establish and assign a number to
two new business unit accounts one entitled House Leadership Account for
the appropriation in the amount of $138000 under All Others and another
new business unit account entitled Senate Leadership Account for the
appropriation in the amount of $138000 under All Others
(2) The presiding officer of each respective house or his lawfully
authorized designee shall be the expenditure authority and shall use such funds
to support the operations and activities of the House of Representatives and
Senate in accordance with its rules provided that the presiding officer
distributes a portion of the total appropriation in equal amounts to all the
standing committees for their operations and activities
(e) Legislative Bureau The expenditure authority of the funds appropriated for
the Legislative Bureau shall be the Director of the Legislative Bureau or his or her
lawfully authorized designee
(f) Northern Marianas Youth Congress The expenditure authority is vested in
the Director of the Legislative Bureau with the consultation of the Speaker of the
Northern Mariana Islands Youth Congress
Section 704 Executive Branch
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SS1
1 There are hereby appropriated the following amounts to fund the personnel and
2 non-personnel expenses of the offices programs and activities of the Executive Branch
3 as listed below
4 FTE PERSONNEL OPERATIONS TOTAL
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
21
22
23
24
25
26
27
28
29 30 i31
Office ofGov
Attorney General
Commerce
Comm amp Cult Affairs
Corrections
Finance
Labor
Lands amp Natural Res
Public Health
Public Safety
Public Works
Total
140
42
32
88
96
163
44
98
485
258
129
1575 $45120729 $14184384 $59305113
Section 705 First Senatorial District Rota
(a) There is hereby appropriated the following amounts to fund the personnel
and non-personnel expenses as listed below of the First Senatorial District
Mayor
Municipal Coun
Commerce (econ Dev)
CampCA
Police (DPS)
Fire
Finance amp Actg
Revenue amp Tax
Customs
Procurement amp Supply
Labor
FTE PERSONNEL OPERATIONS
99
11
8
10
34
12
3
3
6
2
7
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
1 Agriculture 20
2 Historic Preservation 4
3 Lands Regisamp Survey 6
4 Fish amp Wildlife 5
5 Parks amp Recreation 4
6 Soil amp Water Consv
7 Rota Health Center 51
8 Dental Services 4
9 DPH Med Referral 5
10 Environmental Health 2
11 Public Works 23
12 Total 320 $5677593 $576487 $6256080
13 (b) The Rota Legislative Delegation shall determine by Local Delegation
14 Resolution the allocation of the funds appropriated for the First Senatorial District
15 (c) Except as provided in this section the Mayor ofRota shall have authority to
16 expend obligate encumber or otherwise commit the funds appropriated to the First
17 Senatorial District Notwithstanding any law to the contrary the Mayor of Rota shall
18 have 100 reprogramming authority of the funds appropriated in this Act
19 Appropriations to the Municipal Council shall be divided and distributed equally to
20 each member of the Municipal Council Each Municipal Council member shall be the
21 expenditure authority of funds distributed to himher Additionally in accord with the
22 Superior Courts decision in the case of Inos v Tenorio the Mayors shall also have
23 expenditure authority over resident government departments in the First and Second
24 senatorial districts respectively unless the Governor revokes expenditure authority in a
25 manner consistent with the Superior Courts holding in Inos v Tenorio to wit
26 expenditure authority over resident departments that are primarily concerned with the
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
delivery of public services can be revoked only on a prior showing of just cause but
the Governor has discretion to revoke expenditure authority over those departments
that are primarily concerned with enforcing the law
(c) Rota Health Center Three hundred forty thousand ($34000000) from the
First Senatorial Districts budget appropriation is hereby allocated to pay for
professional services for nurses technicians and other medical and auxiliary
professionals as needed including one mental health counselor in the amount of Thirty
Three Thousand Dollars ($3300000)
(d) DPS Cadets One hundred seven thousand seven hundred eighty
($10778000) from the First Senatorial Districts budget appropriation is hereby
allocated for five (5) Full Time Equivalents (FTEs) for the Rota Department of Public
Safety of the total 329 FTEs to fully fund the five (5) 2010 DPS Academy graduates
from the First District who shall be placed as FTEs within the Rota Department of
Public Safety Any shortfall for overtime retirement or benefits shall be borne by the
municipality
(e) Dentist Seventy-seven thousand two hundred dollars ($77200) from the
First Senatorial Districts budget appropriation is hereby allocated for one (1) Full
Time Equivalent (FTE) to hire a dentist
Section 706 Second Senatorial District - Tinian amp Aguiguan
(a) There is hereby appropriated the following amounts to fund the personnel
and non-personnel expenses of the Second Senatorial District as listed below
FTE PERSONNEL OPERATIONS TOTAL
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SS1
Mayor 112
Municipal Council 3
Commerce (econo dev) 4
Historic Preservation 2
CampCA 3
Customs 3
Finance amp Acctg 2
Procurement amp Supply 2
Revenue amp Tax
Labor 8
Agriculture 15
Fish amp Wildlife 2
Parks amp Recreation 5
Environmental Health 4
Dental Services 3
Tinian Health Center 49
Police (DPS) 45
Public Works ~
Total 268 $5179361 $1076719
20 (b) The Tinian and Aguiguan Legislative Delegation shall determine by Local
21 Delegation Resolution the allocation of the funds appropriated for the Second
22 Senatorial District
23 (c) The Mayor and the Chairperson of the Municipal Council shall have the
24 expenditure authority for appropriations for their respective offices except as provided
25 below Notwithstanding any law to the contrary the Mayor of Tinian amp Aguiguan shall
26 have 100 reprogramming authority of the funds appropriated in this Act Each
27 Municipal Council member shall allocate and provide for the expenditure of the funds
28 appropriated to the Council in accordance with the Official Rules of the Council
29 Additionally in accord with the Superior Courts decision in the case of Inos v
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 lID1 SS1
Tenorio the Mayors shall also have expenditure authority over resident government
2 departments in the First and Second senatorial districts respectively unless the
3 Governor revokes expenditure authority in a manner consistent with the Superior
4 Courts holding in Inos v Tenorio to wit expenditure authority over resident
5 departments that are primarily concerned with the delivery of public services can be
6 revoked only on a prior showing of just cause but the Governor has discretion to
7 revoke expenditure authority over those departments that are primarily concerned with
8 enforcing the law
9 (d) Tinian Health Center Four hundred twenty seven thousand seven hundred
10 twenty seven and eighty one ($42772781) from the Second Senatorial Districts
11 budget appropriation is hereby allocated to pay for the direct hiring of nurses ancillary
12 staff and other needed administrative adjustments on personnel matters
13 (e) Tinian Municipal Council One hundred twenty three thousand four
14 hundred three ($123403) All Others appropriation of the Municipal Council is
15 hereby allocated as follows (1) $15000 for office rental and administrative purposes
16 and (2) $108403 for community projects and other functions ofwhich $75000 shall be
17 allocated to the chairman and the remaining balance shall be divided equally among the
18 other two members who shall be the expenditure authority of such funds
19 (f) Tinian Commerce Thirty eight thousand one hundred forty one ($38141)
20 is hereby allocated under AU Others for operations and office supplies
Section707 Third Senatorial District - Mayor ofSaipan Mayor of the Northern
Islands and Saipan and Northern Islands Municipal Council
PUBLIC LAW NO 17-21 HOUSE BILL l7~l23 HDl SSl
1 (a) There is hereby appropriated the following amounts to fund the personnel
2 and non-personnel expenses of the municipal governments of Saipan and the Northern
3 Islands as listed below
4 FTE PERSONNEL OPERATIONS TOTAL
5 Saipan Mayor 48 $875509 $248240 $1123257 6 NI Mayor 11 $192849 $86716 $279565
7 Saipan Mun Council 1 $34076 $27447 $61523
8 Total 60 $1102434 $362411 $1464845
9 (b) The Mayor of Saipan the Mayor of the Northern Islands and the
10 Chairperson of the Municipal Council for Saipan and the Northern Islands shall be the
11 expenditure authority for appropriations for their respective offices Notwithstanding
12 any law to the contrary the Mayors of Saipan and the Northern Islands respectively
13 shall have 100 reprogramming authority of the funds appropriated in this Act
14 Section 708 Autonomous Agencies
15 (a) There is hereby appropriated the following amounts to fund the following
16 autonomous agencies as listed below
17 FTE PERSONNEL OPERATIONS TOTAL
18 NMC 160 $4099229 $364235 $4464464
MVA 36 $832531 $1780496 $2611027
ajlst amp and SeRaterl Dist $369999 $36886611gtfif~tll~fu0 PSS ll13 $28521990 $2617529 $31140519f-AP( 21
22 BOE 2 $1372685 $26643 ~164~28
23 Total 1312 $33591435 $5148903 $38740338
24 (b) Northern Marianas College
25 (1) The president of the Northern Marianas College shall be the
26 expenditure authority of the appropriated funds
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2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
pfiuv~I tys
I I
20
21
(c) Marianas Visitors Authority
(1) The chairman of the Board of Directors of the Marianas Visitors
Authority shall be the expenditure authority ofthe appropriated funds
(2) Tlnee hundted sixty thousand ($360000) of the All OthelS
appropriation ofth Malianas Visitors Burau sball allocatd as follows
(i) One httndred 1vveftty thousRJJd ($120000) to susidiZle the
eftartef flights from Japan to Rota under the eKpndinY=e authority of the
Cbairman oftbe Marianas Visitors AQtborityen
(ii) One bll1dred Pyenellty tbollSaad ($120000) to promote and
market Tinian as a tourist destinatioR under the expenditure ffitthority of
the Chairman of the Mwianas Visitors Authoriry ctnd
(iii) 000 hundred tlJlnty thousand ($120000) to pay the
outstandiag KllT aGGount for completed Gbafter flights from Japan to
RotH under the expenditUfe authority of the Chairman of the Marianas
Visitor s 1AzYtbor~[
(d) Public School System
(1) The expenditure authority shall be the Commissioner of Education
or hislher designee
(2) No part of funds appropriated to BU 1607 the Public School
System shall be used to pay for any expense including but not limited to travel
or reimbursement of the Board of Education its board members and staff
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SS1
1 (e) Board of Education The chairperson of the Board of Education shall be the
2 expenditure authority of the appropriated funds
3 Section 709 Boards and Commissions
4 (a) There is hereby appropriated the following amounts to fund the following
5 boards and commissions as listed below
FTE PERSONNEL OPERATIONS
BPL
Civil Servo Comm
Election Comm
Total
3
4
1 14
$88732
$164803
$1762806
$430341
$13264
$2183
$932819
$109266
11 Section 710 Independent Programs
12 There is hereby appropriated the following amounts to fund the following
13 independent programs and activities as listed below
14 FTE PERSONNEL OPERATIONS TOTAL
15 Ayuda Network 18417 18417
16 Commonwealth Museum 4 96395 40140 136535
17 Domestic Violence 36834 36834
18 Humanities Council 4604 4604
19 JoetenlKiyu Public Library 7 128933 39674 168607
20 Marianas Bound - Karidat 54147 54147
21 Micronesian Legal Legal Services - 18417 18417
22 Nat Govs Assoc 40518 40518
23 Public Assis Program 17577 17577
24 Govt Utilities 7539509 7539509
25 Judgment 76258 76258
26 La Fiesta Lease 200000 200000
27 Aetna R-Off amp Ret -- 1463483 0 1463483
28 Total 11 1688811 8492643 10181454
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
(a) Joeten-Kiyu Public Library The expenditure authority shall be the
chairperson of the Commonwealth Library Council
(b) Public Assistance - Matching Funds The expenditure authority shall be
the Governor or his designee
(c) Judgments against the Government The expenditure authority shall be the
Secretary of Finance in consultation with the Attorney General
(d) Commonwealth Museum The chairperson of the Board of Governors of
the Commonwealth Museum or hislher designee shall be the expenditure authority
(e) Ayuda Network The expenditure authority shall be the chairperson of the
board of directors
(f) KARlDAT The executive director of Marianas Bound (KARlDAT) shall
be the expenditure authority
(g) Micronesian Legal Services The executive director of the Micronesian
Legal Services Corporation shall be the expenditure authority
(h) For programs and activities not specifically mentioned the expenditure
authority shall be the Secretary of Finance
Section 711 Other Programs
(a) There is hereby appropriated the following amounts to the following other
programs as listed below
FTE PERSONNEL OPERATIONS TOTAL
22
23
NMIOICC
Ret Pension GovLtGov
Ret PL5-3 (COLA)
1 $27476
$147506
o o
413276
$27476
$147506
$413276
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
1 Workers Comp Comm ~ $121061 129648 $250709
2 Total 6 $297751 $541216 $838967
3 Section 712 Department of Public Lands
4 (a) Pursuant to Section 103 of Public Law 15-2 $2820886 is appropriated to
5 the Department of Public Lands as follows
6 Personnel $1765104
7 Operations $1055782
8 Total $2820886
9 FTE Ceiling 65
10 No funds received or collected by or remitted to the Department of Public Lands
11 pursuant to Public Law 15-2 that are in excess of the amount appropriated in this
12 section may be reprogrammed or expended absent legislative appropriation or in
13 violation of the Constitution
14 Section 713 Reporting Requirements The expenditure authorities of the
15 foregoing activities listed in Chapter VII shall submit to the presiding officers of the
16 legislature at the end of each quarter an itemized report on the expenditures for
17 personnel and operations of each government entity and the payments of the public
18 auditors fee for the quarter ended and if applicable year-to-date totals as of the close
19 of the reporting period
20 Section 714 Compact Impact Funds
middot21 Compact Impact funds shall be used III accordance with the terms and
22 conditions set forth in the Grant Agreement and shall be used to defray qualified
23 expenses for the following activities
24 (a) Office of Public Defender $ 37151
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HDt SSI
1 (b) Dept of Community amp Cultural Affairs
2 (c) Dept of Corrections
3 (d) Dept of Public Health
4 (e) Department of Public Safety
5 Total
6 Section 715 Outside Sources
$ 44616
$ 154698
$ 536744
$ 1157234
$1930443
7 (a) Notwithstanding any law to the contrary the Governor is authorized to
8 transfer qualified operational expenses to available and unencumbered outside general
9 fund accounts not to exceed $3500000 which are hereby appropriated to pay for such
10 expenses
11 CHAPTER VIII GENERAL PROVISIONS
12 Section 801 Severability If any provision of this Act or its application to any
13 person or circumstance is held invalid the invalidity does not affect other provisions
14 or applications of the Act which can be given effect without the invalid provision or
middot15 applications and to this end the provisions ofthis Act are severable
16 Section 802 Savings Clause This Act and any repealer contained herein shall
middot17 not be construed as affecting any existing right acquired under contract or acquired
18 under statutes repealed or under any rule regulation or order adopted under the statutes
middot19 Repealers contained in this Act shall not affect any proceeding instituted under or
ao pursuant to prior law The enactment of this Act shall not have the effect of terminating
21 or in any way modifying any liability civil or criminal which shall already be in
22 existence at the date this Act becomes effective
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HDl SSI
1 Section 803 Effective Date This Act shall become law upon its approval by the
2 Governor or it becoming law without such approvaL
House Clerk
Certiiedby ~~f OILAN C ORiOSPEAKER
this
Governor
2010
Commonwealth ofthe Northern Mariana Islands
bull Section 402 requires the Governor to seek approval from the legislature to reduce appropriated funds If the Secretary of Finance reports that projected resources are decreasing it would be distressing to know that the corresponding reduction in expenditure may be made only with legislative approval This provision is irresponsible and fails to provide any logical intent for its inclusion in the passage Moreover it perpetuates the culture of deficit spending
bull The reprogramming authority in Section 50l(b) if exercised will benefit only those activities listed under Section 704 as Section 501 (c) requires the approval of the legislature to reprogram other funds This restriction is wholly unreasonable as it deprives non Section 704 funded activities to receive the benefit of much needed reprogrammable funds
bull Section 601 appropriates funds for utilities for the branches departments and agencies of the Commonwealth government with exceptions as listed The difficulty with the appropriated amount is that it is over $15 million less than my submission Adequate utility allocation is important for government operations therefore this appropriation should not have been decreased while other activities appropriations were increased It is highly imperative that the legislature address this shortfall to ensure utility service without interruption If this matter is not immediately addressed the Commonwealth Utilities Corporation will be in the same predicament as in the past fiscal year which will force the government to scramble for funds to keep the CUC afloat
bull Section 602 provides that should a vacancy be filled for critical or emergency positions absent a law defining such positions the legislature must approve by joint approvaL This section is problematic for two reasons one it fails to state whether the approval must come in the form of a resolution or a public law and two if the legislature does not act expeditiously on a request to hire there may be detrimental effects in the case wherein the position needing to be filled would be a health care professional or another position affecting the health safety or welfare of our community
bull Section 605 (a) repeals payment for legal holidays during fiscal year 201 L In essence repealing abolishes -- rather than suspends -- the payments Legal holiday payments for fiscal year 2011 should have been suspended The legislature must be conscientious of this abolishment and restore the legal holiday payments in the following fiscal years
bull Section 605 (c) authorizes the Governor to select one or more holidays for which employees shall receive leave with pay Section 605 (d) authorizes the expenditure authorities to grant leave with pay if funds are available in their personnel accounts While this is permissible under the Act which does not immediately and directly impact the funds appropriated exercise of the authority could potentially increase costs thereby defeating the non-paid holiday restriction of Section 605 (a) and associated savings The restriction of Section 605(a) is
intended to reduce expenditures so as to keep the government operational for the duration of Fiscal Year 2011
bull Section 702 increased the Judicial Branchs appropriations by $350000 Earlier the Judicial Branch requested an additional allocation for payment of legal fees for indigent defendants and an administrative provision allocating $200000 was proposed but such language was not included in this measure Despite the legislatureS failure to include that administrative provision I am confident that the Judicial Branch will allocate the funds for that purpose
bull Section 706 increased the Tinian and Aguiguan Legislative Delegations FTEs by 17 positions and increased its funding level by almost half a million dollars We find such increase troubling as one of the main focuses of the budget impasse was the work-hour reduction and the ability to support the number of current employees at the projected resources for this fiscal year It is ironic that while other departments agencies instrumentalities branches and programs are required to absorb deep funding cuts the Second Senatorial District has seen it fitting to increase its appropriation just to have equal funding level to that of the First Senatorial District
bull Section 707 increased the Saipan Mayors FTE ceiling by 16 positions and increased its funding level by $377284 It also increased the Northern Islands Mayors funding level by $40000 As in the case of the Second Senatorial District it is ironic that while other departments agencies instrumentalities branches and programs are required to absorb deep funding cuts the Saipan Mayor is allocated new FTEs and additional funds While we recognize the importance of the Office of the Mayor much of the functions of the Mayors Office are duplicative of the Department of Public Works and the Parks and Recreation Division of the Department of Lands and Natural Resources
Line 20 under Section 708 (a) is disapproved as its approval would set an undesirable precedence for similar programs and activities This particular appropriation subsidizes a private company for charter flights and related tourism activities to the island of Rota The appropriation is not supported by any detailed cost analysis to justifY the amount claimed It should be noted that Tinian and Saipan also face immense challenges with charter flights to the respective islands Subsidizing charter flights for one island andor one company may lead to subsidies for the other islands as well but more importantly may lead to government subsidies in other private efforts in the CNMI Instead of subsidizing one particular company for one particular island I strongly urge the legislature to work collaboratively with the Administration in assisting MY A to achieve greater success in promoting the Commonwealth as one paradise destination
Apart from the concerns explained above I am pleased that the Legislature maintained the appropriate levels of funding for the Public School System and the Northern Marianas College so as to ensure that the Maintenance of Effort agreement with the US Department of Education is maintained In these challenging times our educational system is privileged to receive such assistance from both the local government and the federal government
The shutdown of government services along with the hardships endured by government employees their families and businesses should be heeded as a lesson of the severe impact caused by failing to timely pass a balanced budget as required by our Constitution Therefore despite the many concerns of this appropriations measure I approve this legislation to restore normalcy into our government operations and the lives of our government employees
As we implement and expend funds under this Act we must not lose sight of the other challenges that we continue to seek resolution for such as the increasing costs for health and life insurance as well as the increasing employer contribution rates for the defined benefit plan members of the Northern Mariana Islands Retirement Fund I recommend that the members of the legislature begin exploring options as to address these issues
This bill becomes Public Law No 17-21 Copies bearing my signature are forwarded for your reference
cc Lt Governor Office of the Attorney General CNMI Judiciary Mayors CNMI Municipal Councils CNMI Press Secretary Office ofthe Governor Special Assistant to the Administration Special Assistant for Programs amp Legislative Review All Departments Agencies Public Corporations Autonomous Agencies
during its 11th Day Second Regular Session on October 8 2010
PUBLIC LAW NO 17-21
Stfflent~mtliugisfature Qjtlie
CommOnWMpoundth oftlie 2Vortliem Mariana IslandS
IN THE HOUSE OF REPRESENTATIVES
11th Day Second Regular Session
October 8 2010
Representative Ramon S Basa of Saipan Precinct 5 (for himself Representatives Felicidad T Ogumoro) in an open and public meeting with an opportunity for the public to comment introduced the following Bill
B B 17123
AN ACT
TO IUKE APPROPRIATIONS FOR THE OPERATIONS AND ACIIVITIES OF THE GOVERNJIENT OF THE COMMONtfEALTH
OF THE NORTHERN IlABUNA ISlANDS ITS AGENCIES INSTRUMENTALITIES ANI) INDEPENJ)ENT PROOBAIIS ANI)
TO PROVIDE BUDGET AUTHORITY FOR GOVERNMENT CORPORATIONS FOR FISCAL YEAR 2011
The Bill was not referred to a House Committee
THE BILL WAS PASSED BY THE HOUSE OF REPRESENTATIVES ON
FIRST AND FINAL READING OCTOBER 8 2010 with amendments in the form ofH B 17-123 HDl and transmitted to the
THE SENATE
The Bill was not referred to a Senate Committee THE BILL WAS PASSED BY THE SENATE ON FIRST AND FINAL READING ON OCTOBER 8 2010
with amendments in the form ofR B 17-123 HD1 SSt
H B 17-123 HDl SSI WAS RETURNED TO THE HOUSE OF REPRESENTATIVES ON OCTOBER 8 2010
The House of Representatives accepted the Senate amendments and passed H B 17-123 HD1 SSI
~ ng House Clerk
PUBLIC LAW NO 17-21
S~t~tmdi Legislature ojtlie
COmtllJJlruwlftli ojtlie Nortliem Mariana Isfands
IN THE HOUSE OF REPRESENTATIVES
11th Day Second Regular Session
October 8 2010
B B 17123~ BDl~ SSt
AN ACT
To make appropriations for the operations and activities of the Government of the Commonwealth of the Northern Mariana Islands its agencies instrumentalities and independent programs and to provide budget authority for government corporations for Fiscal Year 2011
Be it enacted by the Seventeenth Northern Marianas Commonwealth Legislature
1 CHAPTER 1 PRELIMINARY PROVISIONS
2 Section 101 Short Title This Act may be cited as the Appropriations
3 and Budget Authority Act of2011
4 Section 1 02 Purpose This Act appropriates local funds for the
5 operations and activities of the Government of the Northern Mariana Islands its
6 agencies instrumentalities independent agencies and political subdivisions and
7 provides authority for government corporations for Fiscal Year 2011 commencing
8 October 12010 and ending September 30 2011
9 Section 103 Definitions As used in this Act
JO (a) RU means business unit
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PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SS1
(b) Government of the Commonwealth of the Northern Mariana Islands
includes
(1) Legislative Branch which includes the following business
units
1722 House ofRepresentative Salaries
New House Member Account amp Employees
New House Leadership Account
1770 Legislative Bureau
1799 Retirement Fund Contribution
1593 Youth Congress
1762 Senator Salaries
New Senate Members Account amp Employees
New Senate Leadership Account
(2) Judicial Branch which includes the following
1690 Superior Court
1691 Supreme Court
1692 Law Revision Commission
1694 Judicial Administration
(3) Executive Branch which includes the following departments
and offices
(A) Offices of the Governor which includes business
units
1011 Office of the Governor
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PUBLIC LAW NO 17-21
HOUSE BILL 17-123 IIDI SSI
1021 Governors Discretionary Account
1050 Lt Governors Office
1051 Lt Governors Discretionary Account
1014 Management and Budget
1016 Administrative Services
1017 Governors Press Secretary
1018 Programs and Legislation
1019 Emergency Management Office
1020 Youth Affairs
1023 Board ofParole
1026 Personnel Management
1027 Personnel Management - Tinian
1028 Personnel Management - Rota
1033 Scholarship Fund
1190 Public Defender
1201 Carolinian Affairs
1202 Indigenous Affairs
1251 Veterans Affairs
1260 Womens Affairs
1492 DEQ Environmental Protection
1493 DEQ Litter Control
1494 DEQ - Tinian
1495 DEQ - Rota
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PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
1496 DEQ Groundwater Protection
1555 Zoning
350111583 WIA
1584 CJPA
1915 Vocational Rehabilitation
(B) Office ofthe Attorney General which includes business units
1170 Attorney Generals Office
1185 AGO Consumer Counsel
1187 AGO - Investigations
1188 AGO - Special Investigations
(C) Department of Community and Cultural Affairs which
includes business units
1200 CCA - Secretarys Office
1220 CCA - DivYouth Services
1223 CCA - Child Care Licensing Program
1230 CCA - Historic Preservation
1240 CCA - Office on Aging
1250 CCA - Council for Arts amp Culture
1252 CCA - LIHEAP
1270 CCA - Sports amp Recreation
1557 ChamorroCarolinian Language Commission
(D) Department of Commerce which includes business units
1300 Commerce - Secretarys Office
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HDl SSI
1310 Commerce - Economic Dev
1331 Commerce - Central Statistics
1332 Commerce - ABTC
1333 Commerce - Enforcement
(E) Department of Corrections which includes business units
1335 Department ofCorrections
(F) Department of Finance which includes business units
1100 DOF - Secretarys Office
1110 DOF Finance and Accounting SPN
1120 DOF Treasury
1130 DOF Revenue and Taxation - Saipan
1140 DOF Procurement -Saipan
1150 DOF Customs - Saipan
1160 DOF Electronic Data Processing
(G) Department ofLabor which includes business units
1275 Labor - Secretarys Office
1280 Labor - Labor
1283 Administrative Hearing Office
1330 Labor - Employment Services
3430 Labor - Enforcement Fund
(H) Department of Lands and Natural Resources which includes
business units
1400 DLNR - Secretarys Office
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
1 1410
2 1420
3 1440
4 1461
5 1467
DLNR - Agriculture - Saipan
DLNR - Fish amp Wildlife - Saipan
DLNR - Parks amp Grounds
DLNR - Soil amp Water (SPN amp NI)
DLNR - Land Registration amp Survey
(I) Department of Public Health which includes business units
7 1804
8 1878
9 1901
1905
1925
1951
1952
1970
1976
1979
1980
1983
1984
DPH - Commonwealth Health Center
DPH - Medical Supplies
DPH - Secretarys Office
DPH - Environmental Services (SPN)
DPH - Mental Health amp Social Services
DPH - Medicaid Reimbursement
DPH- CHIP
DPH - Dental Services - Saipan
DPH - General Public Health
DPH - Medical Referral
DPH - Medicaid Administration
DPH -Childrens Development amp Assistance Center
DPH - Transitional Living Center
(J) Department of Public Lands which includes business units
1950 Department of Public Lands
(K) Department of Public Safety which includes business units
1340 DPS - Commissioners Office
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HDl SSI
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2 1362
3 1365
4 1370
5 1380
6 1390
7 1360
8 1361
DPS - Police - Saipan
DPS - Administrative Div
DPS - Bureau of Motor Vehicles
DPS - Investigative Div
DPS - Fire
D PS - Boating Safety
DPS - Training and Academy
DPS - Criminal Justice Information Systems
(L) Department of Public Works which includes business units
10 1470
11 1471
12 1480
13 1484
14 1485
15 1486
16 1490
DPW - Building Safety Code
DPW - Secretarys Office
DPW - Operations amp Maintenance (SPN)
DPW - Roads and Grounds Div
DPW - Solid Waste Management
DPW - TransAutolHeavy Equipment Div
DPW - Technical Services
(4) First Senatorial District (Rota) which includes the following
18 business units
19 1065
1068
~ 21 1066
111222
1132
Office of the Mayor - Rota
Mayors Contingency Fund
Municipal Council - Rota
DOF - Finance amp Acctg - Rota
DOF - Revenue amp Tax - Rota
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PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HDl SSI
1142 Finance - Procurement - Rota
1152 DOF - Customs - Rota
1232 Historic Preservation - Rota
1272 CCA - Sports amp Recreation- Rota
1282 DOL - Labor - Rota
1312 Commerce - Economic Dev - Rota
1352 DPS - Police - Rota
1353 DPS - Property and Protection Fire
1412 DLNR - Agriculture - Rota
1422 DLNR - Fish amp Wildlife - Rota
1442 DLNR - Parks amp Recreation - Rota
1463 DLNR - Soil amp Water Cons
1468 DLNR - Land Registration amp Survey
1482 DPW - Operations amp Maintenance - Rota
1523 Public Library - Rota
1912 DPH - Public Health - Rota
1957 DPH - Environmental Health - Rota
1989 DPH - Dental Services - Rota
3421 Youth Training
(5) Second Senatorial District (Tinian and Aguiguan) which
includes the following business units
1063 Mayor ofTinian - Office
1067 Mayors Contingency Fund
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
1 1064
2 1111
3 1131
4 1141
5 1151
6 1231
7 1271
8 1281
9 1311
10 1351
11 1411
12 1421
13 1441
14 1462
15 1481
16 1524
17 1906
18 1907
19 1911
20 3420
Municipal Council - Tinian
Finance amp Accounting - Tinian
DOF - Revenue amp Tax - Tinian
DOF - Procurement - Tinian
DOF - Customs - Tinian
CCA - Historic Preservation - Tinian
CCA - Sports amp Rec - Tinian
Labor - Labor - Tinian
Commerce - Economic Dev - Tinian
DPS - Police - Tinian
DLNR - Agriculture - Tinian
DLNR - Fish amp Wildlife - Tinian
DLNR - Parks amp Recreation - Tinian
DLNR - Soil amp Water Cons - Tinian
DPW - Operations amp Maintenance - Tinian
Public Library - Tinian
DPH - Public Health - Tinian
DPH - Dental Services - Tinian
DPH - Environmental Health - Tinian
Youth Training
lt21 (6) Third Senatorial District (Saipan and the Northern Islands)
which includes the following governmental offices
23 1060 Mayor ofNorthern Islands
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
1061 Mayor of Saipan - Mayors Office
1059 Mayors Contingency Account
1062 Saipan and Northern Islands - Municipal Council
(7) All government corporations as defined in 1 CMC sect7103(n)
for which budget authority is herein provided including the following
(A) Commonwealth Development Authority
(B) Commonwealth Ports Authority
(C) Commonwealth Utilities Corporation
(D) Marianas Public Land Trust
(E) Northern Marianas Housing Corporation
(F) Northern Marianas Retirement Fund
(G) Public Utilities Commission
(8) Boards and Commissions which includes the following
business units
1540 Civil Service Commission
1551 Commission on Election
1556 Board of Professional Licensing
(9) Other Programs and Autonomous Agencies which includes the
following business units
1600 Workers Compensation Commission
1601 Governor I Lt Gov Pension
1602 Retirement COLA PL 5-38-39-25
1603 NMIOIC
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
Aetna R -Off amp Ret
(10) Public Corporations which includes the following business
units
1605 Northern Marianas College
3450 NMC - Apprentice Program
1606 Marianas Visitors Authority
1001 Board Of Education
1607 Public School System
(c) Independent programs means government programs under
separate boards established by law (unless receiving appropriations or
budget authority under another heading) specialized general items of
appropriations and those non-profit corporations and associations or
organizations established outside of the Government of the
Commonwealth of the Northern Mariana Islands to which the
Commonwealth Government provides financial assistance including
business units
1592 Joeten-Kiyu Public Library
1515 Public Assistance Program Matching Funds
1623 Judgments Against Government
3661 Commonwealth Museum
New La Fiesta Lease
1549 Council for the Humanities
23 1562 Ayuda Network
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
1568 Domestic Violence
1570 National Governors Association
1577 Karidat
1580 Micronesian Legal Services
1591 Utilities - CNMI Government
(d) Local funds means locally generated revenues and revenues
received pursuant to Section 702 (a) of the Covenant
(e) Operations means appropriations for all lawful activities
other than personnel
(f) Personnel means appropriations for salaries employers
contribution to the Northern Marianas Retirement Fund the Defined
Contribution Plan overtime night differential hazardous pay and other
employee wages and benefits
(g) Position or Full-Time Equivalent (FTE) means the
maximum number of persons that may be employed pursuant to Article
X Section 7 of the Commonwealth Constitution but does not include
Workforce Investment Agency substitute teachers summer trainees
teacher aides physicians licensed professional nurses and licensed allied
health providers working part-time and paid only for instructional time
student teacher trainees or short-term specialized instructors such as
visiting artists performers writers and the like For purposes of this
exception part-time means employment not exceeding 40 hours in any
biweekly pay period and short-term meansmiddot not more than 90
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 DD1 SS1
instructional days employment within the Public School System during the
fiscal year
CHAPTER ll ESTIMATED REVENUES
Section 201 Estimated Revenues Pursuant to House Concurrent
Resolution No 17-2 HDl the total estimated revenues and resources approved
and identified for FY 2011 are as follows
L Total identified budgetary resources $149171000
II This amount is subject to the following adjustments
(a) Less revenue transfer to other funds
(1) PL 13-38 Cigarette Excise Tax to Tobacco Control lt1365000gt
(2) 10 Excise Tax Transfer to Solid Waste Revolving Fund lt1585000gt
(3) CIQ reimbursement for airport overtime lt475000gt
(4) 4 CMC Section 1803 (b) NMIRF Hotelcontainer tax per court order
lt1690000gt
(5) 4 CMC Section 1803 (b) MV A hotel container tax earmarking
lt3835000gt
(b) Less debt services previously appropriated
(1) 2003A $40 million bond repayment lt$369000gt
(2) 2007 A refunding bond payment lt$5152500gt
(3) 2007B refunding bond payment lt$2134500gt
(c) Deficit Reduction $
Subtotal lt$16606000gt
(d) Net FY 2011 budgetary resources available for appropriation $132565000
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSt
1 ( e) Department of Public Lands $2820866
2 Grand Total
3 Notwithstanding 1 CMC 7204 funds appropriated for FY2011 shall be
4 allotted monthly
5 Section 202 Suspension of Earmarked Funds Except for debt service
6 obligations and other earmarking of funds as permitted in Section 201 of this
7 Chapter the earmarking reservation commitment allotment or allocation of
8 funds pursuant to the following public laws are hereby suspended for Fiscal Year
9 2011
10 (a) Public Laws 15-5 and 14-54 (Non-resident Worker Fund Fees
11 to NMC and PSS and 10 of Gaming Jackpot Tax to PSS) and
12 (b) 4 CMC sect 1508(a) and (b) (10 of General Fund poker fees to
13 the Human Resources Development Fund [WIA] and 50 to the
14 Retirement Fund)
15 CHAPTER III
16 GOVERNMENT CORPORATIONS AND DESIGNATED
17 AGENCIESACTIVITIES
18 Section 301 Appropriation and Budget Authority Pursuant to 1 CMC sect
19 7206 and as provided herein budget and expenditure authority for the following
20 activities is hereby approved Expenditures in excess of the budget authority
21 approved herein for agencies to which public funds are appropriated shall not be
22 incurred or committed and hiring in excess of FTE ceilings is prohibited unless
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HDl SSI
1 authorized by a legislative joint resolution in accordance with Section 7 Article X
2 of the NMI Constitution
3 ACTIVITIES FTE OPERATIONS TOTAL
4 (a) Commonwealth Development Authority 27 758386 452691 1211077
5 (b) Commonwealth Ports Authority no submittal
6 (c) CNMI Govt Health amp Life Ins --------------------Privatized ------------------shy
7 (d) Commonwealth Utilities Corporation no submittal
8 (e) NM Housing Corporation 24 1110989 1113108 2224097
9 (f) NMI Ret Fund 27 1353669 76659330 78012999
10 (g) Office ofthe Public Auditor 30 1818525 755700 2574225
11 (h) Public Utilities Commission 55553 137550 193103
12 Grand Total 109 $520972122 $7921182379 8422152501
13 Notwithstanding the above dollar amounts the entities above shall expend only
14 the lesser of funds actually generated collected or received or the amounts
15 indicated above
16 Section 302 Prior Certification of Funds
17 No person shall be employed or enter into contractual relationship with the
18 Commonwealth or any government entity therein without first receiving from the
19 Secretary of the Department of Finance certification that lawful and sufficient
20 funds for the purpose are available For purposes of this section professional
21 services shall include but not be limited to services provided by engineers
22 accountants physicians lawyers and other similar professionals
23 Section 303 Reporting Requirement The expenditure authorities of the
24 foregoing activities listed in Section 301 shall submit to the presiding officers of
25 the legislature at the end of each quarter an itemized report on the expenditures
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PUBLIC LAW NO 17-21
HOUSE BILL t7~t23 HDt SSt
for personnel and operations of each government entity and the payments of the
public auditors fee for the quarter ended and if applicable year~to-date totals as
of the close of the reporting period
CHAPTERIV ADMINISTRATION OF APPROPRIATED FUNDS
Section 401 Management of Funds
The expenditure of the funds appropriated and allocated under this Act
shall be regulated and controlled by the Secretary of Finance so that no agency
department instrumentality program or activity may expend the funds contrary
to the law or fiscal management policies and practices of the Commonwealth
Provided further that in addition to the report required under 1 CMC sect7209 the
Secretary ofFinance shall submit at the end of each quarter an itemized report on
the expenditures for personnel and operations of each business unit funded in
whole or in part by the General Fund for the quarter ended and if applicable
year-to-date totals as of the close of the reporting period
Section 402 Notwithstanding 1 CMC sect 7204 without prior legislative
approval consultation and concurrence no funds appropriated in this Act shall be
reduced or reprogrammed by the Governor except as provided herein
Section 403 FTE Ceiling
(a) Employment Ceilings Pursuant to Article X sect 7 of the
Commonwealth Constitution the employment ceilings are hereby established as
21 set forth herein
Section 404 Expenditure Authority 22
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SS1
(a) The distribution and expenditure of funds shall be in compliance with
the fiscal expenditure authority the listed agencies have pursuant to statute and the
administrative provisions of this Act as set forth herein
(b) Except as provided in this Act the funds appropriated pursuant to this
Act shall be expended by the respective expenditure authority pursuant to 1 CMC
sectsect 7401 and 7503
(c) For the Ground Water Management and Protection Act Fund
expenditure authority is vested in the Director of the Division of Environmental
Quality
(d) For all government agencies receiving appropriated funds for
personnel or staff housing administrative and expenditure authority over housing
and accompanying funds including but not limited to approval of lease
agreements is vested in the appropriate agency officials designated by law as
having expenditure authority
(e) For the Domestic Violence Task Force expenditure authority is vested
in the Family Violence Task Force chairperson with concurrence of the Family
Violence Task Force coordinator
(f) For Crime Stoppers International the chairperson of the board of the
directors shall be the expenditure authority
(g) For Independent Programs unless otherwise provided in this Act or in
any other provision of law expenditure authority shall be vested in the Secretary
ofFinance
23 CHAPTER V REPROGRAMMING AUTHORITY
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 lID1 SSI
Section 501 Reprogramming Authority
2 (a) Unless otherwise specified in this act authority to reprogram
3 appropriated funds shall be as provided under I CMC sectsect 7402 and 7504
4 (b) Provided however 1 CMC sectsect 7402 (b) is hereby suspended for the
5 period of this Act Governor shall have 100 reprogramming authority on funds
6 appropriated under Section 704 of this Act
7 (c) Notwithstanding any law to the contrary the Governors authority to
8 reprogram funds under this section shall include the authority to reprogram funds
9 available to all public corporations agencies and entities of the Commonwealth
10 Government upon approval by joint approval ofthe legislature provided that such
11 funds are not restricted from reprogramming by federal law federal grant
12 conditions Commonwealth constitutional prohibitions and deposit and other
13 security restrictions related to bond covenants and the financing of public
14 projects
15 CHAPTER VI SUPPLEMENTAL ADMINISTRATIVE PROVISIONS
16 Section 601 Utilities The amount of $7539509 included in the
17 Independent Programs shall be appropriated for the payment of utilities for the
18 branches departments and agencies of the Commonwealth government except
19 the business units listed in Section 103(b)(7) and the Public School System and
20 the Northern Marianas College
-21 Section 602 Hiring Restriction
22 (a) As long as work hours and wages are reduced no vacancies shall be
23 filled except for critical and emergency positions provided that until a law is
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
passed defining critical and emergency positions said critical and emergency
2 positions must be approved by joint approval of the legislature
3 (b) In order to reduce the size of the Government except for the Public
4 School System the Northern Marianas College and health care professionals of
5 the Department of Public Health and Environmental Services any FTE (full-time
6 equivalent) that becomes vacant shall be eliminated The renewal of the contract
7 for an existing employee shall not be considered creating a vacant position If a
8 new position or vacant position is necessary to be filled to protect the health
9 safety and welfare of the public the expenditure authority may request the
10 Legislature to establish a new FTE by joint resolution The appropriations set
11 forth in Section 704 are contingent on this section remaining in this Appropriation
12 Act
13 Section 603 Litigation Expenditures Restricted
14 Except for the governor the attorney general the chief justice of the
15 Commonwealth supreme court presiding officers of the legislature mayors and
16 municipal councils and notwithstanding any law to the contrary no agency
17 expenditure authority may use any part of their appropriations in connection with
18 prosecuting a legal matter against another agency unless authorized by the chief
19 justice in the case of agencies within the judicial branch the governor in the case
20 of agencies within the executive branch and the presiding officers in the case of
21 agencies within the legislative branch and mayors in the case of agencies under
22 their authority The terms agency and agencies as used in this section shall be
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HDl SSI
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1 liberally construed to include all instrumentalities and subdivisions of the
2 Commonwealth Government
Section 604 Public Auditors Fee
The Public Auditors Fee is 1 (one percent) of the total appropriations
for each instrumentality department agency corporation and budget activity of
the CNMI Government Notwithstanding any other provision of law any lapsed
funds from the Office of Public Auditor shall be applied to CNMI deficit
reduction only Agencies that are not funded by the general fund listed in section
301 (a)-(h) shall remit their respective fee on a monthly basis to the Department
ofFinance
Section 605 Legal Holidays
(a) The following laws and regulations providing for payment of legal
holidays are repealed during fiscal year 2011
1 CMC sect312 and sect313
Title 10 NMIAC sect10-lO-135G) (Excepted Service)
Title 10 NMIAC sectlO-202-346 (Civil Service Executive Branch)
Title lO NMIAC sect lO-30-344 (Civil Service Judicial Branch)
Title 40 NMIAC sect40-40-425 (Commonwealth Ports Authority)
Title 60 NMIAC sect60-301-444 (Public School System)
Title 100 NMIAC sect 100-50-430 (Northern Marianas Housing
Corporation)
Title 120 NMIAC sect120-lO-230 (Excepted Service) and
Title 130 NMIAC 130-20-330 (Office of the Public Auditor)
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HDl SSI
1 (b) Any employee required to work on a legal holiday shall be paid hislher
2 regular salary
3 (c) From the legal holidays listed in 1 CMC sect311 the Governor may
4 select one or more legal holidays for fiscal year 2011 for which employees shall
5 receive leave with pay
6 (d) Although leave with pay is not required for legal holidays during
7 Fiscal Year 2011 expenditure authorities may grant leave with pay for their
8 employees if they have available funds in their personnel account
9 CHAPTER VII APPROPRIATIONS
10 Section 701 In General
11 (a) Funds designated in Chapter II as available for appropriation for FY 2011
12 are hereby appropriated pursuant to this Chapter
13 (b) A business units FTE ceiling shall be established in this Chapter No
14 business unit shall exceed its FTE ceiling unless authorized by this Act or joint
15 resolution of the legislature
16 (c) Reduction in the Level of Appropriations In order to provide expenditure
17 authorities with flexibility in determining the allocation of funding for their operations
18 expenditure authorities must reduce their expenditures to achieve the level of
19 appropriation under this Act
20 Expenditure authorities may reduce previous levels ofexpenditure by
21 (1) A reduction in work hours
22 (2) A reduction in wages
23 (3) Furlough
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
1 (4) A reduction in force
2 (5) A reduction in expenditures for all others or
3 (6) A combination of reductions under subsections (1) through (5)
4 (d) The reduction in work hours shall not exceed 16 hours per bi-weekly pay
5 period If sufficient additional resources are not identified during the first quarter of
6 FY 2011 to allow an increase in work hours the reduction in work hours may be
7 continued
8 (e) Suspension of Restrictions on Reprogramming To provide for the
9 reprogramming between personnel and non-personnel accounts 1 CMC sect7402(c) is
10 suspended for the period that this Act is in effect
11 (f) Provided however that during the period of this Act no funds shall be I I
12 reprogrammed from non-personnel accounts to personnel accounts to increase any
13 salaries from its current level
14 Section 702 Judicial Branch
15 (a) There is hereby appropriated the following amounts to fund the personnel
16 and non-personnel expenses as listed below of the Judicial branch
17 FTE PERSONNEL OPERATIONS TOTAL
18 Supreme Court 11 792333 3639 795972
19 Superior Court 45 1714552 160961 1875513
20 Administration 13 295435 217240 512675
21 Law Revision Comm 5 132442 6245 138687
22 TOTAL 74 $2934762 $388085 $3322847
23 Section 703 Legislative Branch
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
1 (a) In accordance with Article II sect16(b) and (c) of the NMI Constitution as
2 amended by Legislative Initiative 10-8 the following amounts are hereby appropriated
3 to fund the personnel retirement contribution and non-personnel expenses as listed
4 below of the Legislative branch
5 FTE PERSONNEL OPERATIONS TOTAL
6 House Members Salary 20 954597 954597
7 House Members Allocation 100 1700000 1700000
8 House Leadership Allocation 138000 138000
9 Senate 9 431141 431141
10 Senate Members Allocation 45 765000 765000
11 Senate Leadership Allocation 138000 138000
12 Legislative Bureau 28 1274764 167000 1441764
13 CNMI Youth Congress 1 21167 20000 41167
14 TOTAL 203 $2681669 $2928000 $5609669
15 (b) Salaries of Legislative Members
16 (1) The amount appropriated under this section to the House of
17 Representatives under personnel shall be used to fund the salaries and
18 benefits of the members of the House of Representatives The expenditure
19 authority for the amounts appropriated shall be the Secretary of Finance
20 (2) The amount appropriated under this section to the Senate under
21 personnel shall be used to fund the salaries and benefits of the members of the
22 Senate The expenditure authority for the amounts appropriated shall be the
23 Secretary of Finance
24 (c) House Members Office Accounts and Employees
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
(1) The Department of Finance shall establish and assign a number to a
new business unit account entitled House Members Office Accounts for the
appropriation for House Members Allocation Another new business unit
account entitled Senate Members Office Accounts for the appropriation for
Senate Members Allocation Under each of these said accounts an equal
amount of the appropriation shall be allocated to subaccount further established
thereunder for each member of the respective house for the operations of the
members office as permitted under section 16 of article II of the CNMI
Constitution applicable laws and the rules of the legislative body to which the
member was elected
(2) Notwithstanding 1 CMC sect7401(c) to the contrary each member
shall be the expenditure authority of the funds allocated to their individual sub-
account
(3) Funds allocated for the operation of the members office including
but not limited to the personnel costs of the members employees and
expenditures as authorized by the adopted rules of the Senate in the case of the
Senate member or the adopted rules ofthe House of Representatives in the case
of a House member such as a monthly stipend to defray travel and incidental
expenses for the purpose of attending to legislative business outside the
members senatorial district
(4) Allocation ofFTEs among House members shall be governed by the
rules of the House
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
(5) Allocation of FTEs among Senate members shall be governed by
the rules of the Senate
(d) Senate and House Leadership Accounts
(1) The Department of Finance shall establish and assign a number to
two new business unit accounts one entitled House Leadership Account for
the appropriation in the amount of $138000 under All Others and another
new business unit account entitled Senate Leadership Account for the
appropriation in the amount of $138000 under All Others
(2) The presiding officer of each respective house or his lawfully
authorized designee shall be the expenditure authority and shall use such funds
to support the operations and activities of the House of Representatives and
Senate in accordance with its rules provided that the presiding officer
distributes a portion of the total appropriation in equal amounts to all the
standing committees for their operations and activities
(e) Legislative Bureau The expenditure authority of the funds appropriated for
the Legislative Bureau shall be the Director of the Legislative Bureau or his or her
lawfully authorized designee
(f) Northern Marianas Youth Congress The expenditure authority is vested in
the Director of the Legislative Bureau with the consultation of the Speaker of the
Northern Mariana Islands Youth Congress
Section 704 Executive Branch
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SS1
1 There are hereby appropriated the following amounts to fund the personnel and
2 non-personnel expenses of the offices programs and activities of the Executive Branch
3 as listed below
4 FTE PERSONNEL OPERATIONS TOTAL
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
21
22
23
24
25
26
27
28
29 30 i31
Office ofGov
Attorney General
Commerce
Comm amp Cult Affairs
Corrections
Finance
Labor
Lands amp Natural Res
Public Health
Public Safety
Public Works
Total
140
42
32
88
96
163
44
98
485
258
129
1575 $45120729 $14184384 $59305113
Section 705 First Senatorial District Rota
(a) There is hereby appropriated the following amounts to fund the personnel
and non-personnel expenses as listed below of the First Senatorial District
Mayor
Municipal Coun
Commerce (econ Dev)
CampCA
Police (DPS)
Fire
Finance amp Actg
Revenue amp Tax
Customs
Procurement amp Supply
Labor
FTE PERSONNEL OPERATIONS
99
11
8
10
34
12
3
3
6
2
7
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
1 Agriculture 20
2 Historic Preservation 4
3 Lands Regisamp Survey 6
4 Fish amp Wildlife 5
5 Parks amp Recreation 4
6 Soil amp Water Consv
7 Rota Health Center 51
8 Dental Services 4
9 DPH Med Referral 5
10 Environmental Health 2
11 Public Works 23
12 Total 320 $5677593 $576487 $6256080
13 (b) The Rota Legislative Delegation shall determine by Local Delegation
14 Resolution the allocation of the funds appropriated for the First Senatorial District
15 (c) Except as provided in this section the Mayor ofRota shall have authority to
16 expend obligate encumber or otherwise commit the funds appropriated to the First
17 Senatorial District Notwithstanding any law to the contrary the Mayor of Rota shall
18 have 100 reprogramming authority of the funds appropriated in this Act
19 Appropriations to the Municipal Council shall be divided and distributed equally to
20 each member of the Municipal Council Each Municipal Council member shall be the
21 expenditure authority of funds distributed to himher Additionally in accord with the
22 Superior Courts decision in the case of Inos v Tenorio the Mayors shall also have
23 expenditure authority over resident government departments in the First and Second
24 senatorial districts respectively unless the Governor revokes expenditure authority in a
25 manner consistent with the Superior Courts holding in Inos v Tenorio to wit
26 expenditure authority over resident departments that are primarily concerned with the
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
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22
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
delivery of public services can be revoked only on a prior showing of just cause but
the Governor has discretion to revoke expenditure authority over those departments
that are primarily concerned with enforcing the law
(c) Rota Health Center Three hundred forty thousand ($34000000) from the
First Senatorial Districts budget appropriation is hereby allocated to pay for
professional services for nurses technicians and other medical and auxiliary
professionals as needed including one mental health counselor in the amount of Thirty
Three Thousand Dollars ($3300000)
(d) DPS Cadets One hundred seven thousand seven hundred eighty
($10778000) from the First Senatorial Districts budget appropriation is hereby
allocated for five (5) Full Time Equivalents (FTEs) for the Rota Department of Public
Safety of the total 329 FTEs to fully fund the five (5) 2010 DPS Academy graduates
from the First District who shall be placed as FTEs within the Rota Department of
Public Safety Any shortfall for overtime retirement or benefits shall be borne by the
municipality
(e) Dentist Seventy-seven thousand two hundred dollars ($77200) from the
First Senatorial Districts budget appropriation is hereby allocated for one (1) Full
Time Equivalent (FTE) to hire a dentist
Section 706 Second Senatorial District - Tinian amp Aguiguan
(a) There is hereby appropriated the following amounts to fund the personnel
and non-personnel expenses of the Second Senatorial District as listed below
FTE PERSONNEL OPERATIONS TOTAL
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SS1
Mayor 112
Municipal Council 3
Commerce (econo dev) 4
Historic Preservation 2
CampCA 3
Customs 3
Finance amp Acctg 2
Procurement amp Supply 2
Revenue amp Tax
Labor 8
Agriculture 15
Fish amp Wildlife 2
Parks amp Recreation 5
Environmental Health 4
Dental Services 3
Tinian Health Center 49
Police (DPS) 45
Public Works ~
Total 268 $5179361 $1076719
20 (b) The Tinian and Aguiguan Legislative Delegation shall determine by Local
21 Delegation Resolution the allocation of the funds appropriated for the Second
22 Senatorial District
23 (c) The Mayor and the Chairperson of the Municipal Council shall have the
24 expenditure authority for appropriations for their respective offices except as provided
25 below Notwithstanding any law to the contrary the Mayor of Tinian amp Aguiguan shall
26 have 100 reprogramming authority of the funds appropriated in this Act Each
27 Municipal Council member shall allocate and provide for the expenditure of the funds
28 appropriated to the Council in accordance with the Official Rules of the Council
29 Additionally in accord with the Superior Courts decision in the case of Inos v
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 lID1 SS1
Tenorio the Mayors shall also have expenditure authority over resident government
2 departments in the First and Second senatorial districts respectively unless the
3 Governor revokes expenditure authority in a manner consistent with the Superior
4 Courts holding in Inos v Tenorio to wit expenditure authority over resident
5 departments that are primarily concerned with the delivery of public services can be
6 revoked only on a prior showing of just cause but the Governor has discretion to
7 revoke expenditure authority over those departments that are primarily concerned with
8 enforcing the law
9 (d) Tinian Health Center Four hundred twenty seven thousand seven hundred
10 twenty seven and eighty one ($42772781) from the Second Senatorial Districts
11 budget appropriation is hereby allocated to pay for the direct hiring of nurses ancillary
12 staff and other needed administrative adjustments on personnel matters
13 (e) Tinian Municipal Council One hundred twenty three thousand four
14 hundred three ($123403) All Others appropriation of the Municipal Council is
15 hereby allocated as follows (1) $15000 for office rental and administrative purposes
16 and (2) $108403 for community projects and other functions ofwhich $75000 shall be
17 allocated to the chairman and the remaining balance shall be divided equally among the
18 other two members who shall be the expenditure authority of such funds
19 (f) Tinian Commerce Thirty eight thousand one hundred forty one ($38141)
20 is hereby allocated under AU Others for operations and office supplies
Section707 Third Senatorial District - Mayor ofSaipan Mayor of the Northern
Islands and Saipan and Northern Islands Municipal Council
PUBLIC LAW NO 17-21 HOUSE BILL l7~l23 HDl SSl
1 (a) There is hereby appropriated the following amounts to fund the personnel
2 and non-personnel expenses of the municipal governments of Saipan and the Northern
3 Islands as listed below
4 FTE PERSONNEL OPERATIONS TOTAL
5 Saipan Mayor 48 $875509 $248240 $1123257 6 NI Mayor 11 $192849 $86716 $279565
7 Saipan Mun Council 1 $34076 $27447 $61523
8 Total 60 $1102434 $362411 $1464845
9 (b) The Mayor of Saipan the Mayor of the Northern Islands and the
10 Chairperson of the Municipal Council for Saipan and the Northern Islands shall be the
11 expenditure authority for appropriations for their respective offices Notwithstanding
12 any law to the contrary the Mayors of Saipan and the Northern Islands respectively
13 shall have 100 reprogramming authority of the funds appropriated in this Act
14 Section 708 Autonomous Agencies
15 (a) There is hereby appropriated the following amounts to fund the following
16 autonomous agencies as listed below
17 FTE PERSONNEL OPERATIONS TOTAL
18 NMC 160 $4099229 $364235 $4464464
MVA 36 $832531 $1780496 $2611027
ajlst amp and SeRaterl Dist $369999 $36886611gtfif~tll~fu0 PSS ll13 $28521990 $2617529 $31140519f-AP( 21
22 BOE 2 $1372685 $26643 ~164~28
23 Total 1312 $33591435 $5148903 $38740338
24 (b) Northern Marianas College
25 (1) The president of the Northern Marianas College shall be the
26 expenditure authority of the appropriated funds
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2
3
4
5
6
7
8
9
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11
12
13
14
15
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
pfiuv~I tys
I I
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21
(c) Marianas Visitors Authority
(1) The chairman of the Board of Directors of the Marianas Visitors
Authority shall be the expenditure authority ofthe appropriated funds
(2) Tlnee hundted sixty thousand ($360000) of the All OthelS
appropriation ofth Malianas Visitors Burau sball allocatd as follows
(i) One httndred 1vveftty thousRJJd ($120000) to susidiZle the
eftartef flights from Japan to Rota under the eKpndinY=e authority of the
Cbairman oftbe Marianas Visitors AQtborityen
(ii) One bll1dred Pyenellty tbollSaad ($120000) to promote and
market Tinian as a tourist destinatioR under the expenditure ffitthority of
the Chairman of the Mwianas Visitors Authoriry ctnd
(iii) 000 hundred tlJlnty thousand ($120000) to pay the
outstandiag KllT aGGount for completed Gbafter flights from Japan to
RotH under the expenditUfe authority of the Chairman of the Marianas
Visitor s 1AzYtbor~[
(d) Public School System
(1) The expenditure authority shall be the Commissioner of Education
or hislher designee
(2) No part of funds appropriated to BU 1607 the Public School
System shall be used to pay for any expense including but not limited to travel
or reimbursement of the Board of Education its board members and staff
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SS1
1 (e) Board of Education The chairperson of the Board of Education shall be the
2 expenditure authority of the appropriated funds
3 Section 709 Boards and Commissions
4 (a) There is hereby appropriated the following amounts to fund the following
5 boards and commissions as listed below
FTE PERSONNEL OPERATIONS
BPL
Civil Servo Comm
Election Comm
Total
3
4
1 14
$88732
$164803
$1762806
$430341
$13264
$2183
$932819
$109266
11 Section 710 Independent Programs
12 There is hereby appropriated the following amounts to fund the following
13 independent programs and activities as listed below
14 FTE PERSONNEL OPERATIONS TOTAL
15 Ayuda Network 18417 18417
16 Commonwealth Museum 4 96395 40140 136535
17 Domestic Violence 36834 36834
18 Humanities Council 4604 4604
19 JoetenlKiyu Public Library 7 128933 39674 168607
20 Marianas Bound - Karidat 54147 54147
21 Micronesian Legal Legal Services - 18417 18417
22 Nat Govs Assoc 40518 40518
23 Public Assis Program 17577 17577
24 Govt Utilities 7539509 7539509
25 Judgment 76258 76258
26 La Fiesta Lease 200000 200000
27 Aetna R-Off amp Ret -- 1463483 0 1463483
28 Total 11 1688811 8492643 10181454
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2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
(a) Joeten-Kiyu Public Library The expenditure authority shall be the
chairperson of the Commonwealth Library Council
(b) Public Assistance - Matching Funds The expenditure authority shall be
the Governor or his designee
(c) Judgments against the Government The expenditure authority shall be the
Secretary of Finance in consultation with the Attorney General
(d) Commonwealth Museum The chairperson of the Board of Governors of
the Commonwealth Museum or hislher designee shall be the expenditure authority
(e) Ayuda Network The expenditure authority shall be the chairperson of the
board of directors
(f) KARlDAT The executive director of Marianas Bound (KARlDAT) shall
be the expenditure authority
(g) Micronesian Legal Services The executive director of the Micronesian
Legal Services Corporation shall be the expenditure authority
(h) For programs and activities not specifically mentioned the expenditure
authority shall be the Secretary of Finance
Section 711 Other Programs
(a) There is hereby appropriated the following amounts to the following other
programs as listed below
FTE PERSONNEL OPERATIONS TOTAL
22
23
NMIOICC
Ret Pension GovLtGov
Ret PL5-3 (COLA)
1 $27476
$147506
o o
413276
$27476
$147506
$413276
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
1 Workers Comp Comm ~ $121061 129648 $250709
2 Total 6 $297751 $541216 $838967
3 Section 712 Department of Public Lands
4 (a) Pursuant to Section 103 of Public Law 15-2 $2820886 is appropriated to
5 the Department of Public Lands as follows
6 Personnel $1765104
7 Operations $1055782
8 Total $2820886
9 FTE Ceiling 65
10 No funds received or collected by or remitted to the Department of Public Lands
11 pursuant to Public Law 15-2 that are in excess of the amount appropriated in this
12 section may be reprogrammed or expended absent legislative appropriation or in
13 violation of the Constitution
14 Section 713 Reporting Requirements The expenditure authorities of the
15 foregoing activities listed in Chapter VII shall submit to the presiding officers of the
16 legislature at the end of each quarter an itemized report on the expenditures for
17 personnel and operations of each government entity and the payments of the public
18 auditors fee for the quarter ended and if applicable year-to-date totals as of the close
19 of the reporting period
20 Section 714 Compact Impact Funds
middot21 Compact Impact funds shall be used III accordance with the terms and
22 conditions set forth in the Grant Agreement and shall be used to defray qualified
23 expenses for the following activities
24 (a) Office of Public Defender $ 37151
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HDt SSI
1 (b) Dept of Community amp Cultural Affairs
2 (c) Dept of Corrections
3 (d) Dept of Public Health
4 (e) Department of Public Safety
5 Total
6 Section 715 Outside Sources
$ 44616
$ 154698
$ 536744
$ 1157234
$1930443
7 (a) Notwithstanding any law to the contrary the Governor is authorized to
8 transfer qualified operational expenses to available and unencumbered outside general
9 fund accounts not to exceed $3500000 which are hereby appropriated to pay for such
10 expenses
11 CHAPTER VIII GENERAL PROVISIONS
12 Section 801 Severability If any provision of this Act or its application to any
13 person or circumstance is held invalid the invalidity does not affect other provisions
14 or applications of the Act which can be given effect without the invalid provision or
middot15 applications and to this end the provisions ofthis Act are severable
16 Section 802 Savings Clause This Act and any repealer contained herein shall
middot17 not be construed as affecting any existing right acquired under contract or acquired
18 under statutes repealed or under any rule regulation or order adopted under the statutes
middot19 Repealers contained in this Act shall not affect any proceeding instituted under or
ao pursuant to prior law The enactment of this Act shall not have the effect of terminating
21 or in any way modifying any liability civil or criminal which shall already be in
22 existence at the date this Act becomes effective
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HDl SSI
1 Section 803 Effective Date This Act shall become law upon its approval by the
2 Governor or it becoming law without such approvaL
House Clerk
Certiiedby ~~f OILAN C ORiOSPEAKER
this
Governor
2010
Commonwealth ofthe Northern Mariana Islands
intended to reduce expenditures so as to keep the government operational for the duration of Fiscal Year 2011
bull Section 702 increased the Judicial Branchs appropriations by $350000 Earlier the Judicial Branch requested an additional allocation for payment of legal fees for indigent defendants and an administrative provision allocating $200000 was proposed but such language was not included in this measure Despite the legislatureS failure to include that administrative provision I am confident that the Judicial Branch will allocate the funds for that purpose
bull Section 706 increased the Tinian and Aguiguan Legislative Delegations FTEs by 17 positions and increased its funding level by almost half a million dollars We find such increase troubling as one of the main focuses of the budget impasse was the work-hour reduction and the ability to support the number of current employees at the projected resources for this fiscal year It is ironic that while other departments agencies instrumentalities branches and programs are required to absorb deep funding cuts the Second Senatorial District has seen it fitting to increase its appropriation just to have equal funding level to that of the First Senatorial District
bull Section 707 increased the Saipan Mayors FTE ceiling by 16 positions and increased its funding level by $377284 It also increased the Northern Islands Mayors funding level by $40000 As in the case of the Second Senatorial District it is ironic that while other departments agencies instrumentalities branches and programs are required to absorb deep funding cuts the Saipan Mayor is allocated new FTEs and additional funds While we recognize the importance of the Office of the Mayor much of the functions of the Mayors Office are duplicative of the Department of Public Works and the Parks and Recreation Division of the Department of Lands and Natural Resources
Line 20 under Section 708 (a) is disapproved as its approval would set an undesirable precedence for similar programs and activities This particular appropriation subsidizes a private company for charter flights and related tourism activities to the island of Rota The appropriation is not supported by any detailed cost analysis to justifY the amount claimed It should be noted that Tinian and Saipan also face immense challenges with charter flights to the respective islands Subsidizing charter flights for one island andor one company may lead to subsidies for the other islands as well but more importantly may lead to government subsidies in other private efforts in the CNMI Instead of subsidizing one particular company for one particular island I strongly urge the legislature to work collaboratively with the Administration in assisting MY A to achieve greater success in promoting the Commonwealth as one paradise destination
Apart from the concerns explained above I am pleased that the Legislature maintained the appropriate levels of funding for the Public School System and the Northern Marianas College so as to ensure that the Maintenance of Effort agreement with the US Department of Education is maintained In these challenging times our educational system is privileged to receive such assistance from both the local government and the federal government
The shutdown of government services along with the hardships endured by government employees their families and businesses should be heeded as a lesson of the severe impact caused by failing to timely pass a balanced budget as required by our Constitution Therefore despite the many concerns of this appropriations measure I approve this legislation to restore normalcy into our government operations and the lives of our government employees
As we implement and expend funds under this Act we must not lose sight of the other challenges that we continue to seek resolution for such as the increasing costs for health and life insurance as well as the increasing employer contribution rates for the defined benefit plan members of the Northern Mariana Islands Retirement Fund I recommend that the members of the legislature begin exploring options as to address these issues
This bill becomes Public Law No 17-21 Copies bearing my signature are forwarded for your reference
cc Lt Governor Office of the Attorney General CNMI Judiciary Mayors CNMI Municipal Councils CNMI Press Secretary Office ofthe Governor Special Assistant to the Administration Special Assistant for Programs amp Legislative Review All Departments Agencies Public Corporations Autonomous Agencies
during its 11th Day Second Regular Session on October 8 2010
PUBLIC LAW NO 17-21
Stfflent~mtliugisfature Qjtlie
CommOnWMpoundth oftlie 2Vortliem Mariana IslandS
IN THE HOUSE OF REPRESENTATIVES
11th Day Second Regular Session
October 8 2010
Representative Ramon S Basa of Saipan Precinct 5 (for himself Representatives Felicidad T Ogumoro) in an open and public meeting with an opportunity for the public to comment introduced the following Bill
B B 17123
AN ACT
TO IUKE APPROPRIATIONS FOR THE OPERATIONS AND ACIIVITIES OF THE GOVERNJIENT OF THE COMMONtfEALTH
OF THE NORTHERN IlABUNA ISlANDS ITS AGENCIES INSTRUMENTALITIES ANI) INDEPENJ)ENT PROOBAIIS ANI)
TO PROVIDE BUDGET AUTHORITY FOR GOVERNMENT CORPORATIONS FOR FISCAL YEAR 2011
The Bill was not referred to a House Committee
THE BILL WAS PASSED BY THE HOUSE OF REPRESENTATIVES ON
FIRST AND FINAL READING OCTOBER 8 2010 with amendments in the form ofH B 17-123 HDl and transmitted to the
THE SENATE
The Bill was not referred to a Senate Committee THE BILL WAS PASSED BY THE SENATE ON FIRST AND FINAL READING ON OCTOBER 8 2010
with amendments in the form ofR B 17-123 HD1 SSt
H B 17-123 HDl SSI WAS RETURNED TO THE HOUSE OF REPRESENTATIVES ON OCTOBER 8 2010
The House of Representatives accepted the Senate amendments and passed H B 17-123 HD1 SSI
~ ng House Clerk
PUBLIC LAW NO 17-21
S~t~tmdi Legislature ojtlie
COmtllJJlruwlftli ojtlie Nortliem Mariana Isfands
IN THE HOUSE OF REPRESENTATIVES
11th Day Second Regular Session
October 8 2010
B B 17123~ BDl~ SSt
AN ACT
To make appropriations for the operations and activities of the Government of the Commonwealth of the Northern Mariana Islands its agencies instrumentalities and independent programs and to provide budget authority for government corporations for Fiscal Year 2011
Be it enacted by the Seventeenth Northern Marianas Commonwealth Legislature
1 CHAPTER 1 PRELIMINARY PROVISIONS
2 Section 101 Short Title This Act may be cited as the Appropriations
3 and Budget Authority Act of2011
4 Section 1 02 Purpose This Act appropriates local funds for the
5 operations and activities of the Government of the Northern Mariana Islands its
6 agencies instrumentalities independent agencies and political subdivisions and
7 provides authority for government corporations for Fiscal Year 2011 commencing
8 October 12010 and ending September 30 2011
9 Section 103 Definitions As used in this Act
JO (a) RU means business unit
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PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SS1
(b) Government of the Commonwealth of the Northern Mariana Islands
includes
(1) Legislative Branch which includes the following business
units
1722 House ofRepresentative Salaries
New House Member Account amp Employees
New House Leadership Account
1770 Legislative Bureau
1799 Retirement Fund Contribution
1593 Youth Congress
1762 Senator Salaries
New Senate Members Account amp Employees
New Senate Leadership Account
(2) Judicial Branch which includes the following
1690 Superior Court
1691 Supreme Court
1692 Law Revision Commission
1694 Judicial Administration
(3) Executive Branch which includes the following departments
and offices
(A) Offices of the Governor which includes business
units
1011 Office of the Governor
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5
6
7
8
9
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PUBLIC LAW NO 17-21
HOUSE BILL 17-123 IIDI SSI
1021 Governors Discretionary Account
1050 Lt Governors Office
1051 Lt Governors Discretionary Account
1014 Management and Budget
1016 Administrative Services
1017 Governors Press Secretary
1018 Programs and Legislation
1019 Emergency Management Office
1020 Youth Affairs
1023 Board ofParole
1026 Personnel Management
1027 Personnel Management - Tinian
1028 Personnel Management - Rota
1033 Scholarship Fund
1190 Public Defender
1201 Carolinian Affairs
1202 Indigenous Affairs
1251 Veterans Affairs
1260 Womens Affairs
1492 DEQ Environmental Protection
1493 DEQ Litter Control
1494 DEQ - Tinian
1495 DEQ - Rota
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PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
1496 DEQ Groundwater Protection
1555 Zoning
350111583 WIA
1584 CJPA
1915 Vocational Rehabilitation
(B) Office ofthe Attorney General which includes business units
1170 Attorney Generals Office
1185 AGO Consumer Counsel
1187 AGO - Investigations
1188 AGO - Special Investigations
(C) Department of Community and Cultural Affairs which
includes business units
1200 CCA - Secretarys Office
1220 CCA - DivYouth Services
1223 CCA - Child Care Licensing Program
1230 CCA - Historic Preservation
1240 CCA - Office on Aging
1250 CCA - Council for Arts amp Culture
1252 CCA - LIHEAP
1270 CCA - Sports amp Recreation
1557 ChamorroCarolinian Language Commission
(D) Department of Commerce which includes business units
1300 Commerce - Secretarys Office
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HDl SSI
1310 Commerce - Economic Dev
1331 Commerce - Central Statistics
1332 Commerce - ABTC
1333 Commerce - Enforcement
(E) Department of Corrections which includes business units
1335 Department ofCorrections
(F) Department of Finance which includes business units
1100 DOF - Secretarys Office
1110 DOF Finance and Accounting SPN
1120 DOF Treasury
1130 DOF Revenue and Taxation - Saipan
1140 DOF Procurement -Saipan
1150 DOF Customs - Saipan
1160 DOF Electronic Data Processing
(G) Department ofLabor which includes business units
1275 Labor - Secretarys Office
1280 Labor - Labor
1283 Administrative Hearing Office
1330 Labor - Employment Services
3430 Labor - Enforcement Fund
(H) Department of Lands and Natural Resources which includes
business units
1400 DLNR - Secretarys Office
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
1 1410
2 1420
3 1440
4 1461
5 1467
DLNR - Agriculture - Saipan
DLNR - Fish amp Wildlife - Saipan
DLNR - Parks amp Grounds
DLNR - Soil amp Water (SPN amp NI)
DLNR - Land Registration amp Survey
(I) Department of Public Health which includes business units
7 1804
8 1878
9 1901
1905
1925
1951
1952
1970
1976
1979
1980
1983
1984
DPH - Commonwealth Health Center
DPH - Medical Supplies
DPH - Secretarys Office
DPH - Environmental Services (SPN)
DPH - Mental Health amp Social Services
DPH - Medicaid Reimbursement
DPH- CHIP
DPH - Dental Services - Saipan
DPH - General Public Health
DPH - Medical Referral
DPH - Medicaid Administration
DPH -Childrens Development amp Assistance Center
DPH - Transitional Living Center
(J) Department of Public Lands which includes business units
1950 Department of Public Lands
(K) Department of Public Safety which includes business units
1340 DPS - Commissioners Office
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HDl SSI
1 1350
2 1362
3 1365
4 1370
5 1380
6 1390
7 1360
8 1361
DPS - Police - Saipan
DPS - Administrative Div
DPS - Bureau of Motor Vehicles
DPS - Investigative Div
DPS - Fire
D PS - Boating Safety
DPS - Training and Academy
DPS - Criminal Justice Information Systems
(L) Department of Public Works which includes business units
10 1470
11 1471
12 1480
13 1484
14 1485
15 1486
16 1490
DPW - Building Safety Code
DPW - Secretarys Office
DPW - Operations amp Maintenance (SPN)
DPW - Roads and Grounds Div
DPW - Solid Waste Management
DPW - TransAutolHeavy Equipment Div
DPW - Technical Services
(4) First Senatorial District (Rota) which includes the following
18 business units
19 1065
1068
~ 21 1066
111222
1132
Office of the Mayor - Rota
Mayors Contingency Fund
Municipal Council - Rota
DOF - Finance amp Acctg - Rota
DOF - Revenue amp Tax - Rota
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PUBLIC LAW NO 17-21
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1142 Finance - Procurement - Rota
1152 DOF - Customs - Rota
1232 Historic Preservation - Rota
1272 CCA - Sports amp Recreation- Rota
1282 DOL - Labor - Rota
1312 Commerce - Economic Dev - Rota
1352 DPS - Police - Rota
1353 DPS - Property and Protection Fire
1412 DLNR - Agriculture - Rota
1422 DLNR - Fish amp Wildlife - Rota
1442 DLNR - Parks amp Recreation - Rota
1463 DLNR - Soil amp Water Cons
1468 DLNR - Land Registration amp Survey
1482 DPW - Operations amp Maintenance - Rota
1523 Public Library - Rota
1912 DPH - Public Health - Rota
1957 DPH - Environmental Health - Rota
1989 DPH - Dental Services - Rota
3421 Youth Training
(5) Second Senatorial District (Tinian and Aguiguan) which
includes the following business units
1063 Mayor ofTinian - Office
1067 Mayors Contingency Fund
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
1 1064
2 1111
3 1131
4 1141
5 1151
6 1231
7 1271
8 1281
9 1311
10 1351
11 1411
12 1421
13 1441
14 1462
15 1481
16 1524
17 1906
18 1907
19 1911
20 3420
Municipal Council - Tinian
Finance amp Accounting - Tinian
DOF - Revenue amp Tax - Tinian
DOF - Procurement - Tinian
DOF - Customs - Tinian
CCA - Historic Preservation - Tinian
CCA - Sports amp Rec - Tinian
Labor - Labor - Tinian
Commerce - Economic Dev - Tinian
DPS - Police - Tinian
DLNR - Agriculture - Tinian
DLNR - Fish amp Wildlife - Tinian
DLNR - Parks amp Recreation - Tinian
DLNR - Soil amp Water Cons - Tinian
DPW - Operations amp Maintenance - Tinian
Public Library - Tinian
DPH - Public Health - Tinian
DPH - Dental Services - Tinian
DPH - Environmental Health - Tinian
Youth Training
lt21 (6) Third Senatorial District (Saipan and the Northern Islands)
which includes the following governmental offices
23 1060 Mayor ofNorthern Islands
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
1061 Mayor of Saipan - Mayors Office
1059 Mayors Contingency Account
1062 Saipan and Northern Islands - Municipal Council
(7) All government corporations as defined in 1 CMC sect7103(n)
for which budget authority is herein provided including the following
(A) Commonwealth Development Authority
(B) Commonwealth Ports Authority
(C) Commonwealth Utilities Corporation
(D) Marianas Public Land Trust
(E) Northern Marianas Housing Corporation
(F) Northern Marianas Retirement Fund
(G) Public Utilities Commission
(8) Boards and Commissions which includes the following
business units
1540 Civil Service Commission
1551 Commission on Election
1556 Board of Professional Licensing
(9) Other Programs and Autonomous Agencies which includes the
following business units
1600 Workers Compensation Commission
1601 Governor I Lt Gov Pension
1602 Retirement COLA PL 5-38-39-25
1603 NMIOIC
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
Aetna R -Off amp Ret
(10) Public Corporations which includes the following business
units
1605 Northern Marianas College
3450 NMC - Apprentice Program
1606 Marianas Visitors Authority
1001 Board Of Education
1607 Public School System
(c) Independent programs means government programs under
separate boards established by law (unless receiving appropriations or
budget authority under another heading) specialized general items of
appropriations and those non-profit corporations and associations or
organizations established outside of the Government of the
Commonwealth of the Northern Mariana Islands to which the
Commonwealth Government provides financial assistance including
business units
1592 Joeten-Kiyu Public Library
1515 Public Assistance Program Matching Funds
1623 Judgments Against Government
3661 Commonwealth Museum
New La Fiesta Lease
1549 Council for the Humanities
23 1562 Ayuda Network
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
1568 Domestic Violence
1570 National Governors Association
1577 Karidat
1580 Micronesian Legal Services
1591 Utilities - CNMI Government
(d) Local funds means locally generated revenues and revenues
received pursuant to Section 702 (a) of the Covenant
(e) Operations means appropriations for all lawful activities
other than personnel
(f) Personnel means appropriations for salaries employers
contribution to the Northern Marianas Retirement Fund the Defined
Contribution Plan overtime night differential hazardous pay and other
employee wages and benefits
(g) Position or Full-Time Equivalent (FTE) means the
maximum number of persons that may be employed pursuant to Article
X Section 7 of the Commonwealth Constitution but does not include
Workforce Investment Agency substitute teachers summer trainees
teacher aides physicians licensed professional nurses and licensed allied
health providers working part-time and paid only for instructional time
student teacher trainees or short-term specialized instructors such as
visiting artists performers writers and the like For purposes of this
exception part-time means employment not exceeding 40 hours in any
biweekly pay period and short-term meansmiddot not more than 90
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 DD1 SS1
instructional days employment within the Public School System during the
fiscal year
CHAPTER ll ESTIMATED REVENUES
Section 201 Estimated Revenues Pursuant to House Concurrent
Resolution No 17-2 HDl the total estimated revenues and resources approved
and identified for FY 2011 are as follows
L Total identified budgetary resources $149171000
II This amount is subject to the following adjustments
(a) Less revenue transfer to other funds
(1) PL 13-38 Cigarette Excise Tax to Tobacco Control lt1365000gt
(2) 10 Excise Tax Transfer to Solid Waste Revolving Fund lt1585000gt
(3) CIQ reimbursement for airport overtime lt475000gt
(4) 4 CMC Section 1803 (b) NMIRF Hotelcontainer tax per court order
lt1690000gt
(5) 4 CMC Section 1803 (b) MV A hotel container tax earmarking
lt3835000gt
(b) Less debt services previously appropriated
(1) 2003A $40 million bond repayment lt$369000gt
(2) 2007 A refunding bond payment lt$5152500gt
(3) 2007B refunding bond payment lt$2134500gt
(c) Deficit Reduction $
Subtotal lt$16606000gt
(d) Net FY 2011 budgetary resources available for appropriation $132565000
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSt
1 ( e) Department of Public Lands $2820866
2 Grand Total
3 Notwithstanding 1 CMC 7204 funds appropriated for FY2011 shall be
4 allotted monthly
5 Section 202 Suspension of Earmarked Funds Except for debt service
6 obligations and other earmarking of funds as permitted in Section 201 of this
7 Chapter the earmarking reservation commitment allotment or allocation of
8 funds pursuant to the following public laws are hereby suspended for Fiscal Year
9 2011
10 (a) Public Laws 15-5 and 14-54 (Non-resident Worker Fund Fees
11 to NMC and PSS and 10 of Gaming Jackpot Tax to PSS) and
12 (b) 4 CMC sect 1508(a) and (b) (10 of General Fund poker fees to
13 the Human Resources Development Fund [WIA] and 50 to the
14 Retirement Fund)
15 CHAPTER III
16 GOVERNMENT CORPORATIONS AND DESIGNATED
17 AGENCIESACTIVITIES
18 Section 301 Appropriation and Budget Authority Pursuant to 1 CMC sect
19 7206 and as provided herein budget and expenditure authority for the following
20 activities is hereby approved Expenditures in excess of the budget authority
21 approved herein for agencies to which public funds are appropriated shall not be
22 incurred or committed and hiring in excess of FTE ceilings is prohibited unless
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HDl SSI
1 authorized by a legislative joint resolution in accordance with Section 7 Article X
2 of the NMI Constitution
3 ACTIVITIES FTE OPERATIONS TOTAL
4 (a) Commonwealth Development Authority 27 758386 452691 1211077
5 (b) Commonwealth Ports Authority no submittal
6 (c) CNMI Govt Health amp Life Ins --------------------Privatized ------------------shy
7 (d) Commonwealth Utilities Corporation no submittal
8 (e) NM Housing Corporation 24 1110989 1113108 2224097
9 (f) NMI Ret Fund 27 1353669 76659330 78012999
10 (g) Office ofthe Public Auditor 30 1818525 755700 2574225
11 (h) Public Utilities Commission 55553 137550 193103
12 Grand Total 109 $520972122 $7921182379 8422152501
13 Notwithstanding the above dollar amounts the entities above shall expend only
14 the lesser of funds actually generated collected or received or the amounts
15 indicated above
16 Section 302 Prior Certification of Funds
17 No person shall be employed or enter into contractual relationship with the
18 Commonwealth or any government entity therein without first receiving from the
19 Secretary of the Department of Finance certification that lawful and sufficient
20 funds for the purpose are available For purposes of this section professional
21 services shall include but not be limited to services provided by engineers
22 accountants physicians lawyers and other similar professionals
23 Section 303 Reporting Requirement The expenditure authorities of the
24 foregoing activities listed in Section 301 shall submit to the presiding officers of
25 the legislature at the end of each quarter an itemized report on the expenditures
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PUBLIC LAW NO 17-21
HOUSE BILL t7~t23 HDt SSt
for personnel and operations of each government entity and the payments of the
public auditors fee for the quarter ended and if applicable year~to-date totals as
of the close of the reporting period
CHAPTERIV ADMINISTRATION OF APPROPRIATED FUNDS
Section 401 Management of Funds
The expenditure of the funds appropriated and allocated under this Act
shall be regulated and controlled by the Secretary of Finance so that no agency
department instrumentality program or activity may expend the funds contrary
to the law or fiscal management policies and practices of the Commonwealth
Provided further that in addition to the report required under 1 CMC sect7209 the
Secretary ofFinance shall submit at the end of each quarter an itemized report on
the expenditures for personnel and operations of each business unit funded in
whole or in part by the General Fund for the quarter ended and if applicable
year-to-date totals as of the close of the reporting period
Section 402 Notwithstanding 1 CMC sect 7204 without prior legislative
approval consultation and concurrence no funds appropriated in this Act shall be
reduced or reprogrammed by the Governor except as provided herein
Section 403 FTE Ceiling
(a) Employment Ceilings Pursuant to Article X sect 7 of the
Commonwealth Constitution the employment ceilings are hereby established as
21 set forth herein
Section 404 Expenditure Authority 22
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SS1
(a) The distribution and expenditure of funds shall be in compliance with
the fiscal expenditure authority the listed agencies have pursuant to statute and the
administrative provisions of this Act as set forth herein
(b) Except as provided in this Act the funds appropriated pursuant to this
Act shall be expended by the respective expenditure authority pursuant to 1 CMC
sectsect 7401 and 7503
(c) For the Ground Water Management and Protection Act Fund
expenditure authority is vested in the Director of the Division of Environmental
Quality
(d) For all government agencies receiving appropriated funds for
personnel or staff housing administrative and expenditure authority over housing
and accompanying funds including but not limited to approval of lease
agreements is vested in the appropriate agency officials designated by law as
having expenditure authority
(e) For the Domestic Violence Task Force expenditure authority is vested
in the Family Violence Task Force chairperson with concurrence of the Family
Violence Task Force coordinator
(f) For Crime Stoppers International the chairperson of the board of the
directors shall be the expenditure authority
(g) For Independent Programs unless otherwise provided in this Act or in
any other provision of law expenditure authority shall be vested in the Secretary
ofFinance
23 CHAPTER V REPROGRAMMING AUTHORITY
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 lID1 SSI
Section 501 Reprogramming Authority
2 (a) Unless otherwise specified in this act authority to reprogram
3 appropriated funds shall be as provided under I CMC sectsect 7402 and 7504
4 (b) Provided however 1 CMC sectsect 7402 (b) is hereby suspended for the
5 period of this Act Governor shall have 100 reprogramming authority on funds
6 appropriated under Section 704 of this Act
7 (c) Notwithstanding any law to the contrary the Governors authority to
8 reprogram funds under this section shall include the authority to reprogram funds
9 available to all public corporations agencies and entities of the Commonwealth
10 Government upon approval by joint approval ofthe legislature provided that such
11 funds are not restricted from reprogramming by federal law federal grant
12 conditions Commonwealth constitutional prohibitions and deposit and other
13 security restrictions related to bond covenants and the financing of public
14 projects
15 CHAPTER VI SUPPLEMENTAL ADMINISTRATIVE PROVISIONS
16 Section 601 Utilities The amount of $7539509 included in the
17 Independent Programs shall be appropriated for the payment of utilities for the
18 branches departments and agencies of the Commonwealth government except
19 the business units listed in Section 103(b)(7) and the Public School System and
20 the Northern Marianas College
-21 Section 602 Hiring Restriction
22 (a) As long as work hours and wages are reduced no vacancies shall be
23 filled except for critical and emergency positions provided that until a law is
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
passed defining critical and emergency positions said critical and emergency
2 positions must be approved by joint approval of the legislature
3 (b) In order to reduce the size of the Government except for the Public
4 School System the Northern Marianas College and health care professionals of
5 the Department of Public Health and Environmental Services any FTE (full-time
6 equivalent) that becomes vacant shall be eliminated The renewal of the contract
7 for an existing employee shall not be considered creating a vacant position If a
8 new position or vacant position is necessary to be filled to protect the health
9 safety and welfare of the public the expenditure authority may request the
10 Legislature to establish a new FTE by joint resolution The appropriations set
11 forth in Section 704 are contingent on this section remaining in this Appropriation
12 Act
13 Section 603 Litigation Expenditures Restricted
14 Except for the governor the attorney general the chief justice of the
15 Commonwealth supreme court presiding officers of the legislature mayors and
16 municipal councils and notwithstanding any law to the contrary no agency
17 expenditure authority may use any part of their appropriations in connection with
18 prosecuting a legal matter against another agency unless authorized by the chief
19 justice in the case of agencies within the judicial branch the governor in the case
20 of agencies within the executive branch and the presiding officers in the case of
21 agencies within the legislative branch and mayors in the case of agencies under
22 their authority The terms agency and agencies as used in this section shall be
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HDl SSI
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7
8
9
12
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23
1 liberally construed to include all instrumentalities and subdivisions of the
2 Commonwealth Government
Section 604 Public Auditors Fee
The Public Auditors Fee is 1 (one percent) of the total appropriations
for each instrumentality department agency corporation and budget activity of
the CNMI Government Notwithstanding any other provision of law any lapsed
funds from the Office of Public Auditor shall be applied to CNMI deficit
reduction only Agencies that are not funded by the general fund listed in section
301 (a)-(h) shall remit their respective fee on a monthly basis to the Department
ofFinance
Section 605 Legal Holidays
(a) The following laws and regulations providing for payment of legal
holidays are repealed during fiscal year 2011
1 CMC sect312 and sect313
Title 10 NMIAC sect10-lO-135G) (Excepted Service)
Title 10 NMIAC sectlO-202-346 (Civil Service Executive Branch)
Title lO NMIAC sect lO-30-344 (Civil Service Judicial Branch)
Title 40 NMIAC sect40-40-425 (Commonwealth Ports Authority)
Title 60 NMIAC sect60-301-444 (Public School System)
Title 100 NMIAC sect 100-50-430 (Northern Marianas Housing
Corporation)
Title 120 NMIAC sect120-lO-230 (Excepted Service) and
Title 130 NMIAC 130-20-330 (Office of the Public Auditor)
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HDl SSI
1 (b) Any employee required to work on a legal holiday shall be paid hislher
2 regular salary
3 (c) From the legal holidays listed in 1 CMC sect311 the Governor may
4 select one or more legal holidays for fiscal year 2011 for which employees shall
5 receive leave with pay
6 (d) Although leave with pay is not required for legal holidays during
7 Fiscal Year 2011 expenditure authorities may grant leave with pay for their
8 employees if they have available funds in their personnel account
9 CHAPTER VII APPROPRIATIONS
10 Section 701 In General
11 (a) Funds designated in Chapter II as available for appropriation for FY 2011
12 are hereby appropriated pursuant to this Chapter
13 (b) A business units FTE ceiling shall be established in this Chapter No
14 business unit shall exceed its FTE ceiling unless authorized by this Act or joint
15 resolution of the legislature
16 (c) Reduction in the Level of Appropriations In order to provide expenditure
17 authorities with flexibility in determining the allocation of funding for their operations
18 expenditure authorities must reduce their expenditures to achieve the level of
19 appropriation under this Act
20 Expenditure authorities may reduce previous levels ofexpenditure by
21 (1) A reduction in work hours
22 (2) A reduction in wages
23 (3) Furlough
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
1 (4) A reduction in force
2 (5) A reduction in expenditures for all others or
3 (6) A combination of reductions under subsections (1) through (5)
4 (d) The reduction in work hours shall not exceed 16 hours per bi-weekly pay
5 period If sufficient additional resources are not identified during the first quarter of
6 FY 2011 to allow an increase in work hours the reduction in work hours may be
7 continued
8 (e) Suspension of Restrictions on Reprogramming To provide for the
9 reprogramming between personnel and non-personnel accounts 1 CMC sect7402(c) is
10 suspended for the period that this Act is in effect
11 (f) Provided however that during the period of this Act no funds shall be I I
12 reprogrammed from non-personnel accounts to personnel accounts to increase any
13 salaries from its current level
14 Section 702 Judicial Branch
15 (a) There is hereby appropriated the following amounts to fund the personnel
16 and non-personnel expenses as listed below of the Judicial branch
17 FTE PERSONNEL OPERATIONS TOTAL
18 Supreme Court 11 792333 3639 795972
19 Superior Court 45 1714552 160961 1875513
20 Administration 13 295435 217240 512675
21 Law Revision Comm 5 132442 6245 138687
22 TOTAL 74 $2934762 $388085 $3322847
23 Section 703 Legislative Branch
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
1 (a) In accordance with Article II sect16(b) and (c) of the NMI Constitution as
2 amended by Legislative Initiative 10-8 the following amounts are hereby appropriated
3 to fund the personnel retirement contribution and non-personnel expenses as listed
4 below of the Legislative branch
5 FTE PERSONNEL OPERATIONS TOTAL
6 House Members Salary 20 954597 954597
7 House Members Allocation 100 1700000 1700000
8 House Leadership Allocation 138000 138000
9 Senate 9 431141 431141
10 Senate Members Allocation 45 765000 765000
11 Senate Leadership Allocation 138000 138000
12 Legislative Bureau 28 1274764 167000 1441764
13 CNMI Youth Congress 1 21167 20000 41167
14 TOTAL 203 $2681669 $2928000 $5609669
15 (b) Salaries of Legislative Members
16 (1) The amount appropriated under this section to the House of
17 Representatives under personnel shall be used to fund the salaries and
18 benefits of the members of the House of Representatives The expenditure
19 authority for the amounts appropriated shall be the Secretary of Finance
20 (2) The amount appropriated under this section to the Senate under
21 personnel shall be used to fund the salaries and benefits of the members of the
22 Senate The expenditure authority for the amounts appropriated shall be the
23 Secretary of Finance
24 (c) House Members Office Accounts and Employees
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
(1) The Department of Finance shall establish and assign a number to a
new business unit account entitled House Members Office Accounts for the
appropriation for House Members Allocation Another new business unit
account entitled Senate Members Office Accounts for the appropriation for
Senate Members Allocation Under each of these said accounts an equal
amount of the appropriation shall be allocated to subaccount further established
thereunder for each member of the respective house for the operations of the
members office as permitted under section 16 of article II of the CNMI
Constitution applicable laws and the rules of the legislative body to which the
member was elected
(2) Notwithstanding 1 CMC sect7401(c) to the contrary each member
shall be the expenditure authority of the funds allocated to their individual sub-
account
(3) Funds allocated for the operation of the members office including
but not limited to the personnel costs of the members employees and
expenditures as authorized by the adopted rules of the Senate in the case of the
Senate member or the adopted rules ofthe House of Representatives in the case
of a House member such as a monthly stipend to defray travel and incidental
expenses for the purpose of attending to legislative business outside the
members senatorial district
(4) Allocation ofFTEs among House members shall be governed by the
rules of the House
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
(5) Allocation of FTEs among Senate members shall be governed by
the rules of the Senate
(d) Senate and House Leadership Accounts
(1) The Department of Finance shall establish and assign a number to
two new business unit accounts one entitled House Leadership Account for
the appropriation in the amount of $138000 under All Others and another
new business unit account entitled Senate Leadership Account for the
appropriation in the amount of $138000 under All Others
(2) The presiding officer of each respective house or his lawfully
authorized designee shall be the expenditure authority and shall use such funds
to support the operations and activities of the House of Representatives and
Senate in accordance with its rules provided that the presiding officer
distributes a portion of the total appropriation in equal amounts to all the
standing committees for their operations and activities
(e) Legislative Bureau The expenditure authority of the funds appropriated for
the Legislative Bureau shall be the Director of the Legislative Bureau or his or her
lawfully authorized designee
(f) Northern Marianas Youth Congress The expenditure authority is vested in
the Director of the Legislative Bureau with the consultation of the Speaker of the
Northern Mariana Islands Youth Congress
Section 704 Executive Branch
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SS1
1 There are hereby appropriated the following amounts to fund the personnel and
2 non-personnel expenses of the offices programs and activities of the Executive Branch
3 as listed below
4 FTE PERSONNEL OPERATIONS TOTAL
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
21
22
23
24
25
26
27
28
29 30 i31
Office ofGov
Attorney General
Commerce
Comm amp Cult Affairs
Corrections
Finance
Labor
Lands amp Natural Res
Public Health
Public Safety
Public Works
Total
140
42
32
88
96
163
44
98
485
258
129
1575 $45120729 $14184384 $59305113
Section 705 First Senatorial District Rota
(a) There is hereby appropriated the following amounts to fund the personnel
and non-personnel expenses as listed below of the First Senatorial District
Mayor
Municipal Coun
Commerce (econ Dev)
CampCA
Police (DPS)
Fire
Finance amp Actg
Revenue amp Tax
Customs
Procurement amp Supply
Labor
FTE PERSONNEL OPERATIONS
99
11
8
10
34
12
3
3
6
2
7
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
1 Agriculture 20
2 Historic Preservation 4
3 Lands Regisamp Survey 6
4 Fish amp Wildlife 5
5 Parks amp Recreation 4
6 Soil amp Water Consv
7 Rota Health Center 51
8 Dental Services 4
9 DPH Med Referral 5
10 Environmental Health 2
11 Public Works 23
12 Total 320 $5677593 $576487 $6256080
13 (b) The Rota Legislative Delegation shall determine by Local Delegation
14 Resolution the allocation of the funds appropriated for the First Senatorial District
15 (c) Except as provided in this section the Mayor ofRota shall have authority to
16 expend obligate encumber or otherwise commit the funds appropriated to the First
17 Senatorial District Notwithstanding any law to the contrary the Mayor of Rota shall
18 have 100 reprogramming authority of the funds appropriated in this Act
19 Appropriations to the Municipal Council shall be divided and distributed equally to
20 each member of the Municipal Council Each Municipal Council member shall be the
21 expenditure authority of funds distributed to himher Additionally in accord with the
22 Superior Courts decision in the case of Inos v Tenorio the Mayors shall also have
23 expenditure authority over resident government departments in the First and Second
24 senatorial districts respectively unless the Governor revokes expenditure authority in a
25 manner consistent with the Superior Courts holding in Inos v Tenorio to wit
26 expenditure authority over resident departments that are primarily concerned with the
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
delivery of public services can be revoked only on a prior showing of just cause but
the Governor has discretion to revoke expenditure authority over those departments
that are primarily concerned with enforcing the law
(c) Rota Health Center Three hundred forty thousand ($34000000) from the
First Senatorial Districts budget appropriation is hereby allocated to pay for
professional services for nurses technicians and other medical and auxiliary
professionals as needed including one mental health counselor in the amount of Thirty
Three Thousand Dollars ($3300000)
(d) DPS Cadets One hundred seven thousand seven hundred eighty
($10778000) from the First Senatorial Districts budget appropriation is hereby
allocated for five (5) Full Time Equivalents (FTEs) for the Rota Department of Public
Safety of the total 329 FTEs to fully fund the five (5) 2010 DPS Academy graduates
from the First District who shall be placed as FTEs within the Rota Department of
Public Safety Any shortfall for overtime retirement or benefits shall be borne by the
municipality
(e) Dentist Seventy-seven thousand two hundred dollars ($77200) from the
First Senatorial Districts budget appropriation is hereby allocated for one (1) Full
Time Equivalent (FTE) to hire a dentist
Section 706 Second Senatorial District - Tinian amp Aguiguan
(a) There is hereby appropriated the following amounts to fund the personnel
and non-personnel expenses of the Second Senatorial District as listed below
FTE PERSONNEL OPERATIONS TOTAL
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SS1
Mayor 112
Municipal Council 3
Commerce (econo dev) 4
Historic Preservation 2
CampCA 3
Customs 3
Finance amp Acctg 2
Procurement amp Supply 2
Revenue amp Tax
Labor 8
Agriculture 15
Fish amp Wildlife 2
Parks amp Recreation 5
Environmental Health 4
Dental Services 3
Tinian Health Center 49
Police (DPS) 45
Public Works ~
Total 268 $5179361 $1076719
20 (b) The Tinian and Aguiguan Legislative Delegation shall determine by Local
21 Delegation Resolution the allocation of the funds appropriated for the Second
22 Senatorial District
23 (c) The Mayor and the Chairperson of the Municipal Council shall have the
24 expenditure authority for appropriations for their respective offices except as provided
25 below Notwithstanding any law to the contrary the Mayor of Tinian amp Aguiguan shall
26 have 100 reprogramming authority of the funds appropriated in this Act Each
27 Municipal Council member shall allocate and provide for the expenditure of the funds
28 appropriated to the Council in accordance with the Official Rules of the Council
29 Additionally in accord with the Superior Courts decision in the case of Inos v
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 lID1 SS1
Tenorio the Mayors shall also have expenditure authority over resident government
2 departments in the First and Second senatorial districts respectively unless the
3 Governor revokes expenditure authority in a manner consistent with the Superior
4 Courts holding in Inos v Tenorio to wit expenditure authority over resident
5 departments that are primarily concerned with the delivery of public services can be
6 revoked only on a prior showing of just cause but the Governor has discretion to
7 revoke expenditure authority over those departments that are primarily concerned with
8 enforcing the law
9 (d) Tinian Health Center Four hundred twenty seven thousand seven hundred
10 twenty seven and eighty one ($42772781) from the Second Senatorial Districts
11 budget appropriation is hereby allocated to pay for the direct hiring of nurses ancillary
12 staff and other needed administrative adjustments on personnel matters
13 (e) Tinian Municipal Council One hundred twenty three thousand four
14 hundred three ($123403) All Others appropriation of the Municipal Council is
15 hereby allocated as follows (1) $15000 for office rental and administrative purposes
16 and (2) $108403 for community projects and other functions ofwhich $75000 shall be
17 allocated to the chairman and the remaining balance shall be divided equally among the
18 other two members who shall be the expenditure authority of such funds
19 (f) Tinian Commerce Thirty eight thousand one hundred forty one ($38141)
20 is hereby allocated under AU Others for operations and office supplies
Section707 Third Senatorial District - Mayor ofSaipan Mayor of the Northern
Islands and Saipan and Northern Islands Municipal Council
PUBLIC LAW NO 17-21 HOUSE BILL l7~l23 HDl SSl
1 (a) There is hereby appropriated the following amounts to fund the personnel
2 and non-personnel expenses of the municipal governments of Saipan and the Northern
3 Islands as listed below
4 FTE PERSONNEL OPERATIONS TOTAL
5 Saipan Mayor 48 $875509 $248240 $1123257 6 NI Mayor 11 $192849 $86716 $279565
7 Saipan Mun Council 1 $34076 $27447 $61523
8 Total 60 $1102434 $362411 $1464845
9 (b) The Mayor of Saipan the Mayor of the Northern Islands and the
10 Chairperson of the Municipal Council for Saipan and the Northern Islands shall be the
11 expenditure authority for appropriations for their respective offices Notwithstanding
12 any law to the contrary the Mayors of Saipan and the Northern Islands respectively
13 shall have 100 reprogramming authority of the funds appropriated in this Act
14 Section 708 Autonomous Agencies
15 (a) There is hereby appropriated the following amounts to fund the following
16 autonomous agencies as listed below
17 FTE PERSONNEL OPERATIONS TOTAL
18 NMC 160 $4099229 $364235 $4464464
MVA 36 $832531 $1780496 $2611027
ajlst amp and SeRaterl Dist $369999 $36886611gtfif~tll~fu0 PSS ll13 $28521990 $2617529 $31140519f-AP( 21
22 BOE 2 $1372685 $26643 ~164~28
23 Total 1312 $33591435 $5148903 $38740338
24 (b) Northern Marianas College
25 (1) The president of the Northern Marianas College shall be the
26 expenditure authority of the appropriated funds
i
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5
6
7
8
9
10
11
12
13
14
15
16
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
pfiuv~I tys
I I
20
21
(c) Marianas Visitors Authority
(1) The chairman of the Board of Directors of the Marianas Visitors
Authority shall be the expenditure authority ofthe appropriated funds
(2) Tlnee hundted sixty thousand ($360000) of the All OthelS
appropriation ofth Malianas Visitors Burau sball allocatd as follows
(i) One httndred 1vveftty thousRJJd ($120000) to susidiZle the
eftartef flights from Japan to Rota under the eKpndinY=e authority of the
Cbairman oftbe Marianas Visitors AQtborityen
(ii) One bll1dred Pyenellty tbollSaad ($120000) to promote and
market Tinian as a tourist destinatioR under the expenditure ffitthority of
the Chairman of the Mwianas Visitors Authoriry ctnd
(iii) 000 hundred tlJlnty thousand ($120000) to pay the
outstandiag KllT aGGount for completed Gbafter flights from Japan to
RotH under the expenditUfe authority of the Chairman of the Marianas
Visitor s 1AzYtbor~[
(d) Public School System
(1) The expenditure authority shall be the Commissioner of Education
or hislher designee
(2) No part of funds appropriated to BU 1607 the Public School
System shall be used to pay for any expense including but not limited to travel
or reimbursement of the Board of Education its board members and staff
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SS1
1 (e) Board of Education The chairperson of the Board of Education shall be the
2 expenditure authority of the appropriated funds
3 Section 709 Boards and Commissions
4 (a) There is hereby appropriated the following amounts to fund the following
5 boards and commissions as listed below
FTE PERSONNEL OPERATIONS
BPL
Civil Servo Comm
Election Comm
Total
3
4
1 14
$88732
$164803
$1762806
$430341
$13264
$2183
$932819
$109266
11 Section 710 Independent Programs
12 There is hereby appropriated the following amounts to fund the following
13 independent programs and activities as listed below
14 FTE PERSONNEL OPERATIONS TOTAL
15 Ayuda Network 18417 18417
16 Commonwealth Museum 4 96395 40140 136535
17 Domestic Violence 36834 36834
18 Humanities Council 4604 4604
19 JoetenlKiyu Public Library 7 128933 39674 168607
20 Marianas Bound - Karidat 54147 54147
21 Micronesian Legal Legal Services - 18417 18417
22 Nat Govs Assoc 40518 40518
23 Public Assis Program 17577 17577
24 Govt Utilities 7539509 7539509
25 Judgment 76258 76258
26 La Fiesta Lease 200000 200000
27 Aetna R-Off amp Ret -- 1463483 0 1463483
28 Total 11 1688811 8492643 10181454
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2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
(a) Joeten-Kiyu Public Library The expenditure authority shall be the
chairperson of the Commonwealth Library Council
(b) Public Assistance - Matching Funds The expenditure authority shall be
the Governor or his designee
(c) Judgments against the Government The expenditure authority shall be the
Secretary of Finance in consultation with the Attorney General
(d) Commonwealth Museum The chairperson of the Board of Governors of
the Commonwealth Museum or hislher designee shall be the expenditure authority
(e) Ayuda Network The expenditure authority shall be the chairperson of the
board of directors
(f) KARlDAT The executive director of Marianas Bound (KARlDAT) shall
be the expenditure authority
(g) Micronesian Legal Services The executive director of the Micronesian
Legal Services Corporation shall be the expenditure authority
(h) For programs and activities not specifically mentioned the expenditure
authority shall be the Secretary of Finance
Section 711 Other Programs
(a) There is hereby appropriated the following amounts to the following other
programs as listed below
FTE PERSONNEL OPERATIONS TOTAL
22
23
NMIOICC
Ret Pension GovLtGov
Ret PL5-3 (COLA)
1 $27476
$147506
o o
413276
$27476
$147506
$413276
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
1 Workers Comp Comm ~ $121061 129648 $250709
2 Total 6 $297751 $541216 $838967
3 Section 712 Department of Public Lands
4 (a) Pursuant to Section 103 of Public Law 15-2 $2820886 is appropriated to
5 the Department of Public Lands as follows
6 Personnel $1765104
7 Operations $1055782
8 Total $2820886
9 FTE Ceiling 65
10 No funds received or collected by or remitted to the Department of Public Lands
11 pursuant to Public Law 15-2 that are in excess of the amount appropriated in this
12 section may be reprogrammed or expended absent legislative appropriation or in
13 violation of the Constitution
14 Section 713 Reporting Requirements The expenditure authorities of the
15 foregoing activities listed in Chapter VII shall submit to the presiding officers of the
16 legislature at the end of each quarter an itemized report on the expenditures for
17 personnel and operations of each government entity and the payments of the public
18 auditors fee for the quarter ended and if applicable year-to-date totals as of the close
19 of the reporting period
20 Section 714 Compact Impact Funds
middot21 Compact Impact funds shall be used III accordance with the terms and
22 conditions set forth in the Grant Agreement and shall be used to defray qualified
23 expenses for the following activities
24 (a) Office of Public Defender $ 37151
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HDt SSI
1 (b) Dept of Community amp Cultural Affairs
2 (c) Dept of Corrections
3 (d) Dept of Public Health
4 (e) Department of Public Safety
5 Total
6 Section 715 Outside Sources
$ 44616
$ 154698
$ 536744
$ 1157234
$1930443
7 (a) Notwithstanding any law to the contrary the Governor is authorized to
8 transfer qualified operational expenses to available and unencumbered outside general
9 fund accounts not to exceed $3500000 which are hereby appropriated to pay for such
10 expenses
11 CHAPTER VIII GENERAL PROVISIONS
12 Section 801 Severability If any provision of this Act or its application to any
13 person or circumstance is held invalid the invalidity does not affect other provisions
14 or applications of the Act which can be given effect without the invalid provision or
middot15 applications and to this end the provisions ofthis Act are severable
16 Section 802 Savings Clause This Act and any repealer contained herein shall
middot17 not be construed as affecting any existing right acquired under contract or acquired
18 under statutes repealed or under any rule regulation or order adopted under the statutes
middot19 Repealers contained in this Act shall not affect any proceeding instituted under or
ao pursuant to prior law The enactment of this Act shall not have the effect of terminating
21 or in any way modifying any liability civil or criminal which shall already be in
22 existence at the date this Act becomes effective
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HDl SSI
1 Section 803 Effective Date This Act shall become law upon its approval by the
2 Governor or it becoming law without such approvaL
House Clerk
Certiiedby ~~f OILAN C ORiOSPEAKER
this
Governor
2010
Commonwealth ofthe Northern Mariana Islands
The shutdown of government services along with the hardships endured by government employees their families and businesses should be heeded as a lesson of the severe impact caused by failing to timely pass a balanced budget as required by our Constitution Therefore despite the many concerns of this appropriations measure I approve this legislation to restore normalcy into our government operations and the lives of our government employees
As we implement and expend funds under this Act we must not lose sight of the other challenges that we continue to seek resolution for such as the increasing costs for health and life insurance as well as the increasing employer contribution rates for the defined benefit plan members of the Northern Mariana Islands Retirement Fund I recommend that the members of the legislature begin exploring options as to address these issues
This bill becomes Public Law No 17-21 Copies bearing my signature are forwarded for your reference
cc Lt Governor Office of the Attorney General CNMI Judiciary Mayors CNMI Municipal Councils CNMI Press Secretary Office ofthe Governor Special Assistant to the Administration Special Assistant for Programs amp Legislative Review All Departments Agencies Public Corporations Autonomous Agencies
during its 11th Day Second Regular Session on October 8 2010
PUBLIC LAW NO 17-21
Stfflent~mtliugisfature Qjtlie
CommOnWMpoundth oftlie 2Vortliem Mariana IslandS
IN THE HOUSE OF REPRESENTATIVES
11th Day Second Regular Session
October 8 2010
Representative Ramon S Basa of Saipan Precinct 5 (for himself Representatives Felicidad T Ogumoro) in an open and public meeting with an opportunity for the public to comment introduced the following Bill
B B 17123
AN ACT
TO IUKE APPROPRIATIONS FOR THE OPERATIONS AND ACIIVITIES OF THE GOVERNJIENT OF THE COMMONtfEALTH
OF THE NORTHERN IlABUNA ISlANDS ITS AGENCIES INSTRUMENTALITIES ANI) INDEPENJ)ENT PROOBAIIS ANI)
TO PROVIDE BUDGET AUTHORITY FOR GOVERNMENT CORPORATIONS FOR FISCAL YEAR 2011
The Bill was not referred to a House Committee
THE BILL WAS PASSED BY THE HOUSE OF REPRESENTATIVES ON
FIRST AND FINAL READING OCTOBER 8 2010 with amendments in the form ofH B 17-123 HDl and transmitted to the
THE SENATE
The Bill was not referred to a Senate Committee THE BILL WAS PASSED BY THE SENATE ON FIRST AND FINAL READING ON OCTOBER 8 2010
with amendments in the form ofR B 17-123 HD1 SSt
H B 17-123 HDl SSI WAS RETURNED TO THE HOUSE OF REPRESENTATIVES ON OCTOBER 8 2010
The House of Representatives accepted the Senate amendments and passed H B 17-123 HD1 SSI
~ ng House Clerk
PUBLIC LAW NO 17-21
S~t~tmdi Legislature ojtlie
COmtllJJlruwlftli ojtlie Nortliem Mariana Isfands
IN THE HOUSE OF REPRESENTATIVES
11th Day Second Regular Session
October 8 2010
B B 17123~ BDl~ SSt
AN ACT
To make appropriations for the operations and activities of the Government of the Commonwealth of the Northern Mariana Islands its agencies instrumentalities and independent programs and to provide budget authority for government corporations for Fiscal Year 2011
Be it enacted by the Seventeenth Northern Marianas Commonwealth Legislature
1 CHAPTER 1 PRELIMINARY PROVISIONS
2 Section 101 Short Title This Act may be cited as the Appropriations
3 and Budget Authority Act of2011
4 Section 1 02 Purpose This Act appropriates local funds for the
5 operations and activities of the Government of the Northern Mariana Islands its
6 agencies instrumentalities independent agencies and political subdivisions and
7 provides authority for government corporations for Fiscal Year 2011 commencing
8 October 12010 and ending September 30 2011
9 Section 103 Definitions As used in this Act
JO (a) RU means business unit
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PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SS1
(b) Government of the Commonwealth of the Northern Mariana Islands
includes
(1) Legislative Branch which includes the following business
units
1722 House ofRepresentative Salaries
New House Member Account amp Employees
New House Leadership Account
1770 Legislative Bureau
1799 Retirement Fund Contribution
1593 Youth Congress
1762 Senator Salaries
New Senate Members Account amp Employees
New Senate Leadership Account
(2) Judicial Branch which includes the following
1690 Superior Court
1691 Supreme Court
1692 Law Revision Commission
1694 Judicial Administration
(3) Executive Branch which includes the following departments
and offices
(A) Offices of the Governor which includes business
units
1011 Office of the Governor
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PUBLIC LAW NO 17-21
HOUSE BILL 17-123 IIDI SSI
1021 Governors Discretionary Account
1050 Lt Governors Office
1051 Lt Governors Discretionary Account
1014 Management and Budget
1016 Administrative Services
1017 Governors Press Secretary
1018 Programs and Legislation
1019 Emergency Management Office
1020 Youth Affairs
1023 Board ofParole
1026 Personnel Management
1027 Personnel Management - Tinian
1028 Personnel Management - Rota
1033 Scholarship Fund
1190 Public Defender
1201 Carolinian Affairs
1202 Indigenous Affairs
1251 Veterans Affairs
1260 Womens Affairs
1492 DEQ Environmental Protection
1493 DEQ Litter Control
1494 DEQ - Tinian
1495 DEQ - Rota
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PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
1496 DEQ Groundwater Protection
1555 Zoning
350111583 WIA
1584 CJPA
1915 Vocational Rehabilitation
(B) Office ofthe Attorney General which includes business units
1170 Attorney Generals Office
1185 AGO Consumer Counsel
1187 AGO - Investigations
1188 AGO - Special Investigations
(C) Department of Community and Cultural Affairs which
includes business units
1200 CCA - Secretarys Office
1220 CCA - DivYouth Services
1223 CCA - Child Care Licensing Program
1230 CCA - Historic Preservation
1240 CCA - Office on Aging
1250 CCA - Council for Arts amp Culture
1252 CCA - LIHEAP
1270 CCA - Sports amp Recreation
1557 ChamorroCarolinian Language Commission
(D) Department of Commerce which includes business units
1300 Commerce - Secretarys Office
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2
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7
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9
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12
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HDl SSI
1310 Commerce - Economic Dev
1331 Commerce - Central Statistics
1332 Commerce - ABTC
1333 Commerce - Enforcement
(E) Department of Corrections which includes business units
1335 Department ofCorrections
(F) Department of Finance which includes business units
1100 DOF - Secretarys Office
1110 DOF Finance and Accounting SPN
1120 DOF Treasury
1130 DOF Revenue and Taxation - Saipan
1140 DOF Procurement -Saipan
1150 DOF Customs - Saipan
1160 DOF Electronic Data Processing
(G) Department ofLabor which includes business units
1275 Labor - Secretarys Office
1280 Labor - Labor
1283 Administrative Hearing Office
1330 Labor - Employment Services
3430 Labor - Enforcement Fund
(H) Department of Lands and Natural Resources which includes
business units
1400 DLNR - Secretarys Office
6
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
1 1410
2 1420
3 1440
4 1461
5 1467
DLNR - Agriculture - Saipan
DLNR - Fish amp Wildlife - Saipan
DLNR - Parks amp Grounds
DLNR - Soil amp Water (SPN amp NI)
DLNR - Land Registration amp Survey
(I) Department of Public Health which includes business units
7 1804
8 1878
9 1901
1905
1925
1951
1952
1970
1976
1979
1980
1983
1984
DPH - Commonwealth Health Center
DPH - Medical Supplies
DPH - Secretarys Office
DPH - Environmental Services (SPN)
DPH - Mental Health amp Social Services
DPH - Medicaid Reimbursement
DPH- CHIP
DPH - Dental Services - Saipan
DPH - General Public Health
DPH - Medical Referral
DPH - Medicaid Administration
DPH -Childrens Development amp Assistance Center
DPH - Transitional Living Center
(J) Department of Public Lands which includes business units
1950 Department of Public Lands
(K) Department of Public Safety which includes business units
1340 DPS - Commissioners Office
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17
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HDl SSI
1 1350
2 1362
3 1365
4 1370
5 1380
6 1390
7 1360
8 1361
DPS - Police - Saipan
DPS - Administrative Div
DPS - Bureau of Motor Vehicles
DPS - Investigative Div
DPS - Fire
D PS - Boating Safety
DPS - Training and Academy
DPS - Criminal Justice Information Systems
(L) Department of Public Works which includes business units
10 1470
11 1471
12 1480
13 1484
14 1485
15 1486
16 1490
DPW - Building Safety Code
DPW - Secretarys Office
DPW - Operations amp Maintenance (SPN)
DPW - Roads and Grounds Div
DPW - Solid Waste Management
DPW - TransAutolHeavy Equipment Div
DPW - Technical Services
(4) First Senatorial District (Rota) which includes the following
18 business units
19 1065
1068
~ 21 1066
111222
1132
Office of the Mayor - Rota
Mayors Contingency Fund
Municipal Council - Rota
DOF - Finance amp Acctg - Rota
DOF - Revenue amp Tax - Rota
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PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HDl SSI
1142 Finance - Procurement - Rota
1152 DOF - Customs - Rota
1232 Historic Preservation - Rota
1272 CCA - Sports amp Recreation- Rota
1282 DOL - Labor - Rota
1312 Commerce - Economic Dev - Rota
1352 DPS - Police - Rota
1353 DPS - Property and Protection Fire
1412 DLNR - Agriculture - Rota
1422 DLNR - Fish amp Wildlife - Rota
1442 DLNR - Parks amp Recreation - Rota
1463 DLNR - Soil amp Water Cons
1468 DLNR - Land Registration amp Survey
1482 DPW - Operations amp Maintenance - Rota
1523 Public Library - Rota
1912 DPH - Public Health - Rota
1957 DPH - Environmental Health - Rota
1989 DPH - Dental Services - Rota
3421 Youth Training
(5) Second Senatorial District (Tinian and Aguiguan) which
includes the following business units
1063 Mayor ofTinian - Office
1067 Mayors Contingency Fund
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
1 1064
2 1111
3 1131
4 1141
5 1151
6 1231
7 1271
8 1281
9 1311
10 1351
11 1411
12 1421
13 1441
14 1462
15 1481
16 1524
17 1906
18 1907
19 1911
20 3420
Municipal Council - Tinian
Finance amp Accounting - Tinian
DOF - Revenue amp Tax - Tinian
DOF - Procurement - Tinian
DOF - Customs - Tinian
CCA - Historic Preservation - Tinian
CCA - Sports amp Rec - Tinian
Labor - Labor - Tinian
Commerce - Economic Dev - Tinian
DPS - Police - Tinian
DLNR - Agriculture - Tinian
DLNR - Fish amp Wildlife - Tinian
DLNR - Parks amp Recreation - Tinian
DLNR - Soil amp Water Cons - Tinian
DPW - Operations amp Maintenance - Tinian
Public Library - Tinian
DPH - Public Health - Tinian
DPH - Dental Services - Tinian
DPH - Environmental Health - Tinian
Youth Training
lt21 (6) Third Senatorial District (Saipan and the Northern Islands)
which includes the following governmental offices
23 1060 Mayor ofNorthern Islands
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
1061 Mayor of Saipan - Mayors Office
1059 Mayors Contingency Account
1062 Saipan and Northern Islands - Municipal Council
(7) All government corporations as defined in 1 CMC sect7103(n)
for which budget authority is herein provided including the following
(A) Commonwealth Development Authority
(B) Commonwealth Ports Authority
(C) Commonwealth Utilities Corporation
(D) Marianas Public Land Trust
(E) Northern Marianas Housing Corporation
(F) Northern Marianas Retirement Fund
(G) Public Utilities Commission
(8) Boards and Commissions which includes the following
business units
1540 Civil Service Commission
1551 Commission on Election
1556 Board of Professional Licensing
(9) Other Programs and Autonomous Agencies which includes the
following business units
1600 Workers Compensation Commission
1601 Governor I Lt Gov Pension
1602 Retirement COLA PL 5-38-39-25
1603 NMIOIC
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
Aetna R -Off amp Ret
(10) Public Corporations which includes the following business
units
1605 Northern Marianas College
3450 NMC - Apprentice Program
1606 Marianas Visitors Authority
1001 Board Of Education
1607 Public School System
(c) Independent programs means government programs under
separate boards established by law (unless receiving appropriations or
budget authority under another heading) specialized general items of
appropriations and those non-profit corporations and associations or
organizations established outside of the Government of the
Commonwealth of the Northern Mariana Islands to which the
Commonwealth Government provides financial assistance including
business units
1592 Joeten-Kiyu Public Library
1515 Public Assistance Program Matching Funds
1623 Judgments Against Government
3661 Commonwealth Museum
New La Fiesta Lease
1549 Council for the Humanities
23 1562 Ayuda Network
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
1568 Domestic Violence
1570 National Governors Association
1577 Karidat
1580 Micronesian Legal Services
1591 Utilities - CNMI Government
(d) Local funds means locally generated revenues and revenues
received pursuant to Section 702 (a) of the Covenant
(e) Operations means appropriations for all lawful activities
other than personnel
(f) Personnel means appropriations for salaries employers
contribution to the Northern Marianas Retirement Fund the Defined
Contribution Plan overtime night differential hazardous pay and other
employee wages and benefits
(g) Position or Full-Time Equivalent (FTE) means the
maximum number of persons that may be employed pursuant to Article
X Section 7 of the Commonwealth Constitution but does not include
Workforce Investment Agency substitute teachers summer trainees
teacher aides physicians licensed professional nurses and licensed allied
health providers working part-time and paid only for instructional time
student teacher trainees or short-term specialized instructors such as
visiting artists performers writers and the like For purposes of this
exception part-time means employment not exceeding 40 hours in any
biweekly pay period and short-term meansmiddot not more than 90
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 DD1 SS1
instructional days employment within the Public School System during the
fiscal year
CHAPTER ll ESTIMATED REVENUES
Section 201 Estimated Revenues Pursuant to House Concurrent
Resolution No 17-2 HDl the total estimated revenues and resources approved
and identified for FY 2011 are as follows
L Total identified budgetary resources $149171000
II This amount is subject to the following adjustments
(a) Less revenue transfer to other funds
(1) PL 13-38 Cigarette Excise Tax to Tobacco Control lt1365000gt
(2) 10 Excise Tax Transfer to Solid Waste Revolving Fund lt1585000gt
(3) CIQ reimbursement for airport overtime lt475000gt
(4) 4 CMC Section 1803 (b) NMIRF Hotelcontainer tax per court order
lt1690000gt
(5) 4 CMC Section 1803 (b) MV A hotel container tax earmarking
lt3835000gt
(b) Less debt services previously appropriated
(1) 2003A $40 million bond repayment lt$369000gt
(2) 2007 A refunding bond payment lt$5152500gt
(3) 2007B refunding bond payment lt$2134500gt
(c) Deficit Reduction $
Subtotal lt$16606000gt
(d) Net FY 2011 budgetary resources available for appropriation $132565000
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSt
1 ( e) Department of Public Lands $2820866
2 Grand Total
3 Notwithstanding 1 CMC 7204 funds appropriated for FY2011 shall be
4 allotted monthly
5 Section 202 Suspension of Earmarked Funds Except for debt service
6 obligations and other earmarking of funds as permitted in Section 201 of this
7 Chapter the earmarking reservation commitment allotment or allocation of
8 funds pursuant to the following public laws are hereby suspended for Fiscal Year
9 2011
10 (a) Public Laws 15-5 and 14-54 (Non-resident Worker Fund Fees
11 to NMC and PSS and 10 of Gaming Jackpot Tax to PSS) and
12 (b) 4 CMC sect 1508(a) and (b) (10 of General Fund poker fees to
13 the Human Resources Development Fund [WIA] and 50 to the
14 Retirement Fund)
15 CHAPTER III
16 GOVERNMENT CORPORATIONS AND DESIGNATED
17 AGENCIESACTIVITIES
18 Section 301 Appropriation and Budget Authority Pursuant to 1 CMC sect
19 7206 and as provided herein budget and expenditure authority for the following
20 activities is hereby approved Expenditures in excess of the budget authority
21 approved herein for agencies to which public funds are appropriated shall not be
22 incurred or committed and hiring in excess of FTE ceilings is prohibited unless
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HDl SSI
1 authorized by a legislative joint resolution in accordance with Section 7 Article X
2 of the NMI Constitution
3 ACTIVITIES FTE OPERATIONS TOTAL
4 (a) Commonwealth Development Authority 27 758386 452691 1211077
5 (b) Commonwealth Ports Authority no submittal
6 (c) CNMI Govt Health amp Life Ins --------------------Privatized ------------------shy
7 (d) Commonwealth Utilities Corporation no submittal
8 (e) NM Housing Corporation 24 1110989 1113108 2224097
9 (f) NMI Ret Fund 27 1353669 76659330 78012999
10 (g) Office ofthe Public Auditor 30 1818525 755700 2574225
11 (h) Public Utilities Commission 55553 137550 193103
12 Grand Total 109 $520972122 $7921182379 8422152501
13 Notwithstanding the above dollar amounts the entities above shall expend only
14 the lesser of funds actually generated collected or received or the amounts
15 indicated above
16 Section 302 Prior Certification of Funds
17 No person shall be employed or enter into contractual relationship with the
18 Commonwealth or any government entity therein without first receiving from the
19 Secretary of the Department of Finance certification that lawful and sufficient
20 funds for the purpose are available For purposes of this section professional
21 services shall include but not be limited to services provided by engineers
22 accountants physicians lawyers and other similar professionals
23 Section 303 Reporting Requirement The expenditure authorities of the
24 foregoing activities listed in Section 301 shall submit to the presiding officers of
25 the legislature at the end of each quarter an itemized report on the expenditures
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PUBLIC LAW NO 17-21
HOUSE BILL t7~t23 HDt SSt
for personnel and operations of each government entity and the payments of the
public auditors fee for the quarter ended and if applicable year~to-date totals as
of the close of the reporting period
CHAPTERIV ADMINISTRATION OF APPROPRIATED FUNDS
Section 401 Management of Funds
The expenditure of the funds appropriated and allocated under this Act
shall be regulated and controlled by the Secretary of Finance so that no agency
department instrumentality program or activity may expend the funds contrary
to the law or fiscal management policies and practices of the Commonwealth
Provided further that in addition to the report required under 1 CMC sect7209 the
Secretary ofFinance shall submit at the end of each quarter an itemized report on
the expenditures for personnel and operations of each business unit funded in
whole or in part by the General Fund for the quarter ended and if applicable
year-to-date totals as of the close of the reporting period
Section 402 Notwithstanding 1 CMC sect 7204 without prior legislative
approval consultation and concurrence no funds appropriated in this Act shall be
reduced or reprogrammed by the Governor except as provided herein
Section 403 FTE Ceiling
(a) Employment Ceilings Pursuant to Article X sect 7 of the
Commonwealth Constitution the employment ceilings are hereby established as
21 set forth herein
Section 404 Expenditure Authority 22
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SS1
(a) The distribution and expenditure of funds shall be in compliance with
the fiscal expenditure authority the listed agencies have pursuant to statute and the
administrative provisions of this Act as set forth herein
(b) Except as provided in this Act the funds appropriated pursuant to this
Act shall be expended by the respective expenditure authority pursuant to 1 CMC
sectsect 7401 and 7503
(c) For the Ground Water Management and Protection Act Fund
expenditure authority is vested in the Director of the Division of Environmental
Quality
(d) For all government agencies receiving appropriated funds for
personnel or staff housing administrative and expenditure authority over housing
and accompanying funds including but not limited to approval of lease
agreements is vested in the appropriate agency officials designated by law as
having expenditure authority
(e) For the Domestic Violence Task Force expenditure authority is vested
in the Family Violence Task Force chairperson with concurrence of the Family
Violence Task Force coordinator
(f) For Crime Stoppers International the chairperson of the board of the
directors shall be the expenditure authority
(g) For Independent Programs unless otherwise provided in this Act or in
any other provision of law expenditure authority shall be vested in the Secretary
ofFinance
23 CHAPTER V REPROGRAMMING AUTHORITY
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 lID1 SSI
Section 501 Reprogramming Authority
2 (a) Unless otherwise specified in this act authority to reprogram
3 appropriated funds shall be as provided under I CMC sectsect 7402 and 7504
4 (b) Provided however 1 CMC sectsect 7402 (b) is hereby suspended for the
5 period of this Act Governor shall have 100 reprogramming authority on funds
6 appropriated under Section 704 of this Act
7 (c) Notwithstanding any law to the contrary the Governors authority to
8 reprogram funds under this section shall include the authority to reprogram funds
9 available to all public corporations agencies and entities of the Commonwealth
10 Government upon approval by joint approval ofthe legislature provided that such
11 funds are not restricted from reprogramming by federal law federal grant
12 conditions Commonwealth constitutional prohibitions and deposit and other
13 security restrictions related to bond covenants and the financing of public
14 projects
15 CHAPTER VI SUPPLEMENTAL ADMINISTRATIVE PROVISIONS
16 Section 601 Utilities The amount of $7539509 included in the
17 Independent Programs shall be appropriated for the payment of utilities for the
18 branches departments and agencies of the Commonwealth government except
19 the business units listed in Section 103(b)(7) and the Public School System and
20 the Northern Marianas College
-21 Section 602 Hiring Restriction
22 (a) As long as work hours and wages are reduced no vacancies shall be
23 filled except for critical and emergency positions provided that until a law is
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
passed defining critical and emergency positions said critical and emergency
2 positions must be approved by joint approval of the legislature
3 (b) In order to reduce the size of the Government except for the Public
4 School System the Northern Marianas College and health care professionals of
5 the Department of Public Health and Environmental Services any FTE (full-time
6 equivalent) that becomes vacant shall be eliminated The renewal of the contract
7 for an existing employee shall not be considered creating a vacant position If a
8 new position or vacant position is necessary to be filled to protect the health
9 safety and welfare of the public the expenditure authority may request the
10 Legislature to establish a new FTE by joint resolution The appropriations set
11 forth in Section 704 are contingent on this section remaining in this Appropriation
12 Act
13 Section 603 Litigation Expenditures Restricted
14 Except for the governor the attorney general the chief justice of the
15 Commonwealth supreme court presiding officers of the legislature mayors and
16 municipal councils and notwithstanding any law to the contrary no agency
17 expenditure authority may use any part of their appropriations in connection with
18 prosecuting a legal matter against another agency unless authorized by the chief
19 justice in the case of agencies within the judicial branch the governor in the case
20 of agencies within the executive branch and the presiding officers in the case of
21 agencies within the legislative branch and mayors in the case of agencies under
22 their authority The terms agency and agencies as used in this section shall be
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HDl SSI
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1 liberally construed to include all instrumentalities and subdivisions of the
2 Commonwealth Government
Section 604 Public Auditors Fee
The Public Auditors Fee is 1 (one percent) of the total appropriations
for each instrumentality department agency corporation and budget activity of
the CNMI Government Notwithstanding any other provision of law any lapsed
funds from the Office of Public Auditor shall be applied to CNMI deficit
reduction only Agencies that are not funded by the general fund listed in section
301 (a)-(h) shall remit their respective fee on a monthly basis to the Department
ofFinance
Section 605 Legal Holidays
(a) The following laws and regulations providing for payment of legal
holidays are repealed during fiscal year 2011
1 CMC sect312 and sect313
Title 10 NMIAC sect10-lO-135G) (Excepted Service)
Title 10 NMIAC sectlO-202-346 (Civil Service Executive Branch)
Title lO NMIAC sect lO-30-344 (Civil Service Judicial Branch)
Title 40 NMIAC sect40-40-425 (Commonwealth Ports Authority)
Title 60 NMIAC sect60-301-444 (Public School System)
Title 100 NMIAC sect 100-50-430 (Northern Marianas Housing
Corporation)
Title 120 NMIAC sect120-lO-230 (Excepted Service) and
Title 130 NMIAC 130-20-330 (Office of the Public Auditor)
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HDl SSI
1 (b) Any employee required to work on a legal holiday shall be paid hislher
2 regular salary
3 (c) From the legal holidays listed in 1 CMC sect311 the Governor may
4 select one or more legal holidays for fiscal year 2011 for which employees shall
5 receive leave with pay
6 (d) Although leave with pay is not required for legal holidays during
7 Fiscal Year 2011 expenditure authorities may grant leave with pay for their
8 employees if they have available funds in their personnel account
9 CHAPTER VII APPROPRIATIONS
10 Section 701 In General
11 (a) Funds designated in Chapter II as available for appropriation for FY 2011
12 are hereby appropriated pursuant to this Chapter
13 (b) A business units FTE ceiling shall be established in this Chapter No
14 business unit shall exceed its FTE ceiling unless authorized by this Act or joint
15 resolution of the legislature
16 (c) Reduction in the Level of Appropriations In order to provide expenditure
17 authorities with flexibility in determining the allocation of funding for their operations
18 expenditure authorities must reduce their expenditures to achieve the level of
19 appropriation under this Act
20 Expenditure authorities may reduce previous levels ofexpenditure by
21 (1) A reduction in work hours
22 (2) A reduction in wages
23 (3) Furlough
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
1 (4) A reduction in force
2 (5) A reduction in expenditures for all others or
3 (6) A combination of reductions under subsections (1) through (5)
4 (d) The reduction in work hours shall not exceed 16 hours per bi-weekly pay
5 period If sufficient additional resources are not identified during the first quarter of
6 FY 2011 to allow an increase in work hours the reduction in work hours may be
7 continued
8 (e) Suspension of Restrictions on Reprogramming To provide for the
9 reprogramming between personnel and non-personnel accounts 1 CMC sect7402(c) is
10 suspended for the period that this Act is in effect
11 (f) Provided however that during the period of this Act no funds shall be I I
12 reprogrammed from non-personnel accounts to personnel accounts to increase any
13 salaries from its current level
14 Section 702 Judicial Branch
15 (a) There is hereby appropriated the following amounts to fund the personnel
16 and non-personnel expenses as listed below of the Judicial branch
17 FTE PERSONNEL OPERATIONS TOTAL
18 Supreme Court 11 792333 3639 795972
19 Superior Court 45 1714552 160961 1875513
20 Administration 13 295435 217240 512675
21 Law Revision Comm 5 132442 6245 138687
22 TOTAL 74 $2934762 $388085 $3322847
23 Section 703 Legislative Branch
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
1 (a) In accordance with Article II sect16(b) and (c) of the NMI Constitution as
2 amended by Legislative Initiative 10-8 the following amounts are hereby appropriated
3 to fund the personnel retirement contribution and non-personnel expenses as listed
4 below of the Legislative branch
5 FTE PERSONNEL OPERATIONS TOTAL
6 House Members Salary 20 954597 954597
7 House Members Allocation 100 1700000 1700000
8 House Leadership Allocation 138000 138000
9 Senate 9 431141 431141
10 Senate Members Allocation 45 765000 765000
11 Senate Leadership Allocation 138000 138000
12 Legislative Bureau 28 1274764 167000 1441764
13 CNMI Youth Congress 1 21167 20000 41167
14 TOTAL 203 $2681669 $2928000 $5609669
15 (b) Salaries of Legislative Members
16 (1) The amount appropriated under this section to the House of
17 Representatives under personnel shall be used to fund the salaries and
18 benefits of the members of the House of Representatives The expenditure
19 authority for the amounts appropriated shall be the Secretary of Finance
20 (2) The amount appropriated under this section to the Senate under
21 personnel shall be used to fund the salaries and benefits of the members of the
22 Senate The expenditure authority for the amounts appropriated shall be the
23 Secretary of Finance
24 (c) House Members Office Accounts and Employees
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
(1) The Department of Finance shall establish and assign a number to a
new business unit account entitled House Members Office Accounts for the
appropriation for House Members Allocation Another new business unit
account entitled Senate Members Office Accounts for the appropriation for
Senate Members Allocation Under each of these said accounts an equal
amount of the appropriation shall be allocated to subaccount further established
thereunder for each member of the respective house for the operations of the
members office as permitted under section 16 of article II of the CNMI
Constitution applicable laws and the rules of the legislative body to which the
member was elected
(2) Notwithstanding 1 CMC sect7401(c) to the contrary each member
shall be the expenditure authority of the funds allocated to their individual sub-
account
(3) Funds allocated for the operation of the members office including
but not limited to the personnel costs of the members employees and
expenditures as authorized by the adopted rules of the Senate in the case of the
Senate member or the adopted rules ofthe House of Representatives in the case
of a House member such as a monthly stipend to defray travel and incidental
expenses for the purpose of attending to legislative business outside the
members senatorial district
(4) Allocation ofFTEs among House members shall be governed by the
rules of the House
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
(5) Allocation of FTEs among Senate members shall be governed by
the rules of the Senate
(d) Senate and House Leadership Accounts
(1) The Department of Finance shall establish and assign a number to
two new business unit accounts one entitled House Leadership Account for
the appropriation in the amount of $138000 under All Others and another
new business unit account entitled Senate Leadership Account for the
appropriation in the amount of $138000 under All Others
(2) The presiding officer of each respective house or his lawfully
authorized designee shall be the expenditure authority and shall use such funds
to support the operations and activities of the House of Representatives and
Senate in accordance with its rules provided that the presiding officer
distributes a portion of the total appropriation in equal amounts to all the
standing committees for their operations and activities
(e) Legislative Bureau The expenditure authority of the funds appropriated for
the Legislative Bureau shall be the Director of the Legislative Bureau or his or her
lawfully authorized designee
(f) Northern Marianas Youth Congress The expenditure authority is vested in
the Director of the Legislative Bureau with the consultation of the Speaker of the
Northern Mariana Islands Youth Congress
Section 704 Executive Branch
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SS1
1 There are hereby appropriated the following amounts to fund the personnel and
2 non-personnel expenses of the offices programs and activities of the Executive Branch
3 as listed below
4 FTE PERSONNEL OPERATIONS TOTAL
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
21
22
23
24
25
26
27
28
29 30 i31
Office ofGov
Attorney General
Commerce
Comm amp Cult Affairs
Corrections
Finance
Labor
Lands amp Natural Res
Public Health
Public Safety
Public Works
Total
140
42
32
88
96
163
44
98
485
258
129
1575 $45120729 $14184384 $59305113
Section 705 First Senatorial District Rota
(a) There is hereby appropriated the following amounts to fund the personnel
and non-personnel expenses as listed below of the First Senatorial District
Mayor
Municipal Coun
Commerce (econ Dev)
CampCA
Police (DPS)
Fire
Finance amp Actg
Revenue amp Tax
Customs
Procurement amp Supply
Labor
FTE PERSONNEL OPERATIONS
99
11
8
10
34
12
3
3
6
2
7
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
1 Agriculture 20
2 Historic Preservation 4
3 Lands Regisamp Survey 6
4 Fish amp Wildlife 5
5 Parks amp Recreation 4
6 Soil amp Water Consv
7 Rota Health Center 51
8 Dental Services 4
9 DPH Med Referral 5
10 Environmental Health 2
11 Public Works 23
12 Total 320 $5677593 $576487 $6256080
13 (b) The Rota Legislative Delegation shall determine by Local Delegation
14 Resolution the allocation of the funds appropriated for the First Senatorial District
15 (c) Except as provided in this section the Mayor ofRota shall have authority to
16 expend obligate encumber or otherwise commit the funds appropriated to the First
17 Senatorial District Notwithstanding any law to the contrary the Mayor of Rota shall
18 have 100 reprogramming authority of the funds appropriated in this Act
19 Appropriations to the Municipal Council shall be divided and distributed equally to
20 each member of the Municipal Council Each Municipal Council member shall be the
21 expenditure authority of funds distributed to himher Additionally in accord with the
22 Superior Courts decision in the case of Inos v Tenorio the Mayors shall also have
23 expenditure authority over resident government departments in the First and Second
24 senatorial districts respectively unless the Governor revokes expenditure authority in a
25 manner consistent with the Superior Courts holding in Inos v Tenorio to wit
26 expenditure authority over resident departments that are primarily concerned with the
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
delivery of public services can be revoked only on a prior showing of just cause but
the Governor has discretion to revoke expenditure authority over those departments
that are primarily concerned with enforcing the law
(c) Rota Health Center Three hundred forty thousand ($34000000) from the
First Senatorial Districts budget appropriation is hereby allocated to pay for
professional services for nurses technicians and other medical and auxiliary
professionals as needed including one mental health counselor in the amount of Thirty
Three Thousand Dollars ($3300000)
(d) DPS Cadets One hundred seven thousand seven hundred eighty
($10778000) from the First Senatorial Districts budget appropriation is hereby
allocated for five (5) Full Time Equivalents (FTEs) for the Rota Department of Public
Safety of the total 329 FTEs to fully fund the five (5) 2010 DPS Academy graduates
from the First District who shall be placed as FTEs within the Rota Department of
Public Safety Any shortfall for overtime retirement or benefits shall be borne by the
municipality
(e) Dentist Seventy-seven thousand two hundred dollars ($77200) from the
First Senatorial Districts budget appropriation is hereby allocated for one (1) Full
Time Equivalent (FTE) to hire a dentist
Section 706 Second Senatorial District - Tinian amp Aguiguan
(a) There is hereby appropriated the following amounts to fund the personnel
and non-personnel expenses of the Second Senatorial District as listed below
FTE PERSONNEL OPERATIONS TOTAL
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SS1
Mayor 112
Municipal Council 3
Commerce (econo dev) 4
Historic Preservation 2
CampCA 3
Customs 3
Finance amp Acctg 2
Procurement amp Supply 2
Revenue amp Tax
Labor 8
Agriculture 15
Fish amp Wildlife 2
Parks amp Recreation 5
Environmental Health 4
Dental Services 3
Tinian Health Center 49
Police (DPS) 45
Public Works ~
Total 268 $5179361 $1076719
20 (b) The Tinian and Aguiguan Legislative Delegation shall determine by Local
21 Delegation Resolution the allocation of the funds appropriated for the Second
22 Senatorial District
23 (c) The Mayor and the Chairperson of the Municipal Council shall have the
24 expenditure authority for appropriations for their respective offices except as provided
25 below Notwithstanding any law to the contrary the Mayor of Tinian amp Aguiguan shall
26 have 100 reprogramming authority of the funds appropriated in this Act Each
27 Municipal Council member shall allocate and provide for the expenditure of the funds
28 appropriated to the Council in accordance with the Official Rules of the Council
29 Additionally in accord with the Superior Courts decision in the case of Inos v
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 lID1 SS1
Tenorio the Mayors shall also have expenditure authority over resident government
2 departments in the First and Second senatorial districts respectively unless the
3 Governor revokes expenditure authority in a manner consistent with the Superior
4 Courts holding in Inos v Tenorio to wit expenditure authority over resident
5 departments that are primarily concerned with the delivery of public services can be
6 revoked only on a prior showing of just cause but the Governor has discretion to
7 revoke expenditure authority over those departments that are primarily concerned with
8 enforcing the law
9 (d) Tinian Health Center Four hundred twenty seven thousand seven hundred
10 twenty seven and eighty one ($42772781) from the Second Senatorial Districts
11 budget appropriation is hereby allocated to pay for the direct hiring of nurses ancillary
12 staff and other needed administrative adjustments on personnel matters
13 (e) Tinian Municipal Council One hundred twenty three thousand four
14 hundred three ($123403) All Others appropriation of the Municipal Council is
15 hereby allocated as follows (1) $15000 for office rental and administrative purposes
16 and (2) $108403 for community projects and other functions ofwhich $75000 shall be
17 allocated to the chairman and the remaining balance shall be divided equally among the
18 other two members who shall be the expenditure authority of such funds
19 (f) Tinian Commerce Thirty eight thousand one hundred forty one ($38141)
20 is hereby allocated under AU Others for operations and office supplies
Section707 Third Senatorial District - Mayor ofSaipan Mayor of the Northern
Islands and Saipan and Northern Islands Municipal Council
PUBLIC LAW NO 17-21 HOUSE BILL l7~l23 HDl SSl
1 (a) There is hereby appropriated the following amounts to fund the personnel
2 and non-personnel expenses of the municipal governments of Saipan and the Northern
3 Islands as listed below
4 FTE PERSONNEL OPERATIONS TOTAL
5 Saipan Mayor 48 $875509 $248240 $1123257 6 NI Mayor 11 $192849 $86716 $279565
7 Saipan Mun Council 1 $34076 $27447 $61523
8 Total 60 $1102434 $362411 $1464845
9 (b) The Mayor of Saipan the Mayor of the Northern Islands and the
10 Chairperson of the Municipal Council for Saipan and the Northern Islands shall be the
11 expenditure authority for appropriations for their respective offices Notwithstanding
12 any law to the contrary the Mayors of Saipan and the Northern Islands respectively
13 shall have 100 reprogramming authority of the funds appropriated in this Act
14 Section 708 Autonomous Agencies
15 (a) There is hereby appropriated the following amounts to fund the following
16 autonomous agencies as listed below
17 FTE PERSONNEL OPERATIONS TOTAL
18 NMC 160 $4099229 $364235 $4464464
MVA 36 $832531 $1780496 $2611027
ajlst amp and SeRaterl Dist $369999 $36886611gtfif~tll~fu0 PSS ll13 $28521990 $2617529 $31140519f-AP( 21
22 BOE 2 $1372685 $26643 ~164~28
23 Total 1312 $33591435 $5148903 $38740338
24 (b) Northern Marianas College
25 (1) The president of the Northern Marianas College shall be the
26 expenditure authority of the appropriated funds
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
pfiuv~I tys
I I
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(c) Marianas Visitors Authority
(1) The chairman of the Board of Directors of the Marianas Visitors
Authority shall be the expenditure authority ofthe appropriated funds
(2) Tlnee hundted sixty thousand ($360000) of the All OthelS
appropriation ofth Malianas Visitors Burau sball allocatd as follows
(i) One httndred 1vveftty thousRJJd ($120000) to susidiZle the
eftartef flights from Japan to Rota under the eKpndinY=e authority of the
Cbairman oftbe Marianas Visitors AQtborityen
(ii) One bll1dred Pyenellty tbollSaad ($120000) to promote and
market Tinian as a tourist destinatioR under the expenditure ffitthority of
the Chairman of the Mwianas Visitors Authoriry ctnd
(iii) 000 hundred tlJlnty thousand ($120000) to pay the
outstandiag KllT aGGount for completed Gbafter flights from Japan to
RotH under the expenditUfe authority of the Chairman of the Marianas
Visitor s 1AzYtbor~[
(d) Public School System
(1) The expenditure authority shall be the Commissioner of Education
or hislher designee
(2) No part of funds appropriated to BU 1607 the Public School
System shall be used to pay for any expense including but not limited to travel
or reimbursement of the Board of Education its board members and staff
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SS1
1 (e) Board of Education The chairperson of the Board of Education shall be the
2 expenditure authority of the appropriated funds
3 Section 709 Boards and Commissions
4 (a) There is hereby appropriated the following amounts to fund the following
5 boards and commissions as listed below
FTE PERSONNEL OPERATIONS
BPL
Civil Servo Comm
Election Comm
Total
3
4
1 14
$88732
$164803
$1762806
$430341
$13264
$2183
$932819
$109266
11 Section 710 Independent Programs
12 There is hereby appropriated the following amounts to fund the following
13 independent programs and activities as listed below
14 FTE PERSONNEL OPERATIONS TOTAL
15 Ayuda Network 18417 18417
16 Commonwealth Museum 4 96395 40140 136535
17 Domestic Violence 36834 36834
18 Humanities Council 4604 4604
19 JoetenlKiyu Public Library 7 128933 39674 168607
20 Marianas Bound - Karidat 54147 54147
21 Micronesian Legal Legal Services - 18417 18417
22 Nat Govs Assoc 40518 40518
23 Public Assis Program 17577 17577
24 Govt Utilities 7539509 7539509
25 Judgment 76258 76258
26 La Fiesta Lease 200000 200000
27 Aetna R-Off amp Ret -- 1463483 0 1463483
28 Total 11 1688811 8492643 10181454
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
(a) Joeten-Kiyu Public Library The expenditure authority shall be the
chairperson of the Commonwealth Library Council
(b) Public Assistance - Matching Funds The expenditure authority shall be
the Governor or his designee
(c) Judgments against the Government The expenditure authority shall be the
Secretary of Finance in consultation with the Attorney General
(d) Commonwealth Museum The chairperson of the Board of Governors of
the Commonwealth Museum or hislher designee shall be the expenditure authority
(e) Ayuda Network The expenditure authority shall be the chairperson of the
board of directors
(f) KARlDAT The executive director of Marianas Bound (KARlDAT) shall
be the expenditure authority
(g) Micronesian Legal Services The executive director of the Micronesian
Legal Services Corporation shall be the expenditure authority
(h) For programs and activities not specifically mentioned the expenditure
authority shall be the Secretary of Finance
Section 711 Other Programs
(a) There is hereby appropriated the following amounts to the following other
programs as listed below
FTE PERSONNEL OPERATIONS TOTAL
22
23
NMIOICC
Ret Pension GovLtGov
Ret PL5-3 (COLA)
1 $27476
$147506
o o
413276
$27476
$147506
$413276
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
1 Workers Comp Comm ~ $121061 129648 $250709
2 Total 6 $297751 $541216 $838967
3 Section 712 Department of Public Lands
4 (a) Pursuant to Section 103 of Public Law 15-2 $2820886 is appropriated to
5 the Department of Public Lands as follows
6 Personnel $1765104
7 Operations $1055782
8 Total $2820886
9 FTE Ceiling 65
10 No funds received or collected by or remitted to the Department of Public Lands
11 pursuant to Public Law 15-2 that are in excess of the amount appropriated in this
12 section may be reprogrammed or expended absent legislative appropriation or in
13 violation of the Constitution
14 Section 713 Reporting Requirements The expenditure authorities of the
15 foregoing activities listed in Chapter VII shall submit to the presiding officers of the
16 legislature at the end of each quarter an itemized report on the expenditures for
17 personnel and operations of each government entity and the payments of the public
18 auditors fee for the quarter ended and if applicable year-to-date totals as of the close
19 of the reporting period
20 Section 714 Compact Impact Funds
middot21 Compact Impact funds shall be used III accordance with the terms and
22 conditions set forth in the Grant Agreement and shall be used to defray qualified
23 expenses for the following activities
24 (a) Office of Public Defender $ 37151
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HDt SSI
1 (b) Dept of Community amp Cultural Affairs
2 (c) Dept of Corrections
3 (d) Dept of Public Health
4 (e) Department of Public Safety
5 Total
6 Section 715 Outside Sources
$ 44616
$ 154698
$ 536744
$ 1157234
$1930443
7 (a) Notwithstanding any law to the contrary the Governor is authorized to
8 transfer qualified operational expenses to available and unencumbered outside general
9 fund accounts not to exceed $3500000 which are hereby appropriated to pay for such
10 expenses
11 CHAPTER VIII GENERAL PROVISIONS
12 Section 801 Severability If any provision of this Act or its application to any
13 person or circumstance is held invalid the invalidity does not affect other provisions
14 or applications of the Act which can be given effect without the invalid provision or
middot15 applications and to this end the provisions ofthis Act are severable
16 Section 802 Savings Clause This Act and any repealer contained herein shall
middot17 not be construed as affecting any existing right acquired under contract or acquired
18 under statutes repealed or under any rule regulation or order adopted under the statutes
middot19 Repealers contained in this Act shall not affect any proceeding instituted under or
ao pursuant to prior law The enactment of this Act shall not have the effect of terminating
21 or in any way modifying any liability civil or criminal which shall already be in
22 existence at the date this Act becomes effective
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HDl SSI
1 Section 803 Effective Date This Act shall become law upon its approval by the
2 Governor or it becoming law without such approvaL
House Clerk
Certiiedby ~~f OILAN C ORiOSPEAKER
this
Governor
2010
Commonwealth ofthe Northern Mariana Islands
during its 11th Day Second Regular Session on October 8 2010
PUBLIC LAW NO 17-21
Stfflent~mtliugisfature Qjtlie
CommOnWMpoundth oftlie 2Vortliem Mariana IslandS
IN THE HOUSE OF REPRESENTATIVES
11th Day Second Regular Session
October 8 2010
Representative Ramon S Basa of Saipan Precinct 5 (for himself Representatives Felicidad T Ogumoro) in an open and public meeting with an opportunity for the public to comment introduced the following Bill
B B 17123
AN ACT
TO IUKE APPROPRIATIONS FOR THE OPERATIONS AND ACIIVITIES OF THE GOVERNJIENT OF THE COMMONtfEALTH
OF THE NORTHERN IlABUNA ISlANDS ITS AGENCIES INSTRUMENTALITIES ANI) INDEPENJ)ENT PROOBAIIS ANI)
TO PROVIDE BUDGET AUTHORITY FOR GOVERNMENT CORPORATIONS FOR FISCAL YEAR 2011
The Bill was not referred to a House Committee
THE BILL WAS PASSED BY THE HOUSE OF REPRESENTATIVES ON
FIRST AND FINAL READING OCTOBER 8 2010 with amendments in the form ofH B 17-123 HDl and transmitted to the
THE SENATE
The Bill was not referred to a Senate Committee THE BILL WAS PASSED BY THE SENATE ON FIRST AND FINAL READING ON OCTOBER 8 2010
with amendments in the form ofR B 17-123 HD1 SSt
H B 17-123 HDl SSI WAS RETURNED TO THE HOUSE OF REPRESENTATIVES ON OCTOBER 8 2010
The House of Representatives accepted the Senate amendments and passed H B 17-123 HD1 SSI
~ ng House Clerk
PUBLIC LAW NO 17-21
S~t~tmdi Legislature ojtlie
COmtllJJlruwlftli ojtlie Nortliem Mariana Isfands
IN THE HOUSE OF REPRESENTATIVES
11th Day Second Regular Session
October 8 2010
B B 17123~ BDl~ SSt
AN ACT
To make appropriations for the operations and activities of the Government of the Commonwealth of the Northern Mariana Islands its agencies instrumentalities and independent programs and to provide budget authority for government corporations for Fiscal Year 2011
Be it enacted by the Seventeenth Northern Marianas Commonwealth Legislature
1 CHAPTER 1 PRELIMINARY PROVISIONS
2 Section 101 Short Title This Act may be cited as the Appropriations
3 and Budget Authority Act of2011
4 Section 1 02 Purpose This Act appropriates local funds for the
5 operations and activities of the Government of the Northern Mariana Islands its
6 agencies instrumentalities independent agencies and political subdivisions and
7 provides authority for government corporations for Fiscal Year 2011 commencing
8 October 12010 and ending September 30 2011
9 Section 103 Definitions As used in this Act
JO (a) RU means business unit
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PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SS1
(b) Government of the Commonwealth of the Northern Mariana Islands
includes
(1) Legislative Branch which includes the following business
units
1722 House ofRepresentative Salaries
New House Member Account amp Employees
New House Leadership Account
1770 Legislative Bureau
1799 Retirement Fund Contribution
1593 Youth Congress
1762 Senator Salaries
New Senate Members Account amp Employees
New Senate Leadership Account
(2) Judicial Branch which includes the following
1690 Superior Court
1691 Supreme Court
1692 Law Revision Commission
1694 Judicial Administration
(3) Executive Branch which includes the following departments
and offices
(A) Offices of the Governor which includes business
units
1011 Office of the Governor
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PUBLIC LAW NO 17-21
HOUSE BILL 17-123 IIDI SSI
1021 Governors Discretionary Account
1050 Lt Governors Office
1051 Lt Governors Discretionary Account
1014 Management and Budget
1016 Administrative Services
1017 Governors Press Secretary
1018 Programs and Legislation
1019 Emergency Management Office
1020 Youth Affairs
1023 Board ofParole
1026 Personnel Management
1027 Personnel Management - Tinian
1028 Personnel Management - Rota
1033 Scholarship Fund
1190 Public Defender
1201 Carolinian Affairs
1202 Indigenous Affairs
1251 Veterans Affairs
1260 Womens Affairs
1492 DEQ Environmental Protection
1493 DEQ Litter Control
1494 DEQ - Tinian
1495 DEQ - Rota
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PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
1496 DEQ Groundwater Protection
1555 Zoning
350111583 WIA
1584 CJPA
1915 Vocational Rehabilitation
(B) Office ofthe Attorney General which includes business units
1170 Attorney Generals Office
1185 AGO Consumer Counsel
1187 AGO - Investigations
1188 AGO - Special Investigations
(C) Department of Community and Cultural Affairs which
includes business units
1200 CCA - Secretarys Office
1220 CCA - DivYouth Services
1223 CCA - Child Care Licensing Program
1230 CCA - Historic Preservation
1240 CCA - Office on Aging
1250 CCA - Council for Arts amp Culture
1252 CCA - LIHEAP
1270 CCA - Sports amp Recreation
1557 ChamorroCarolinian Language Commission
(D) Department of Commerce which includes business units
1300 Commerce - Secretarys Office
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HDl SSI
1310 Commerce - Economic Dev
1331 Commerce - Central Statistics
1332 Commerce - ABTC
1333 Commerce - Enforcement
(E) Department of Corrections which includes business units
1335 Department ofCorrections
(F) Department of Finance which includes business units
1100 DOF - Secretarys Office
1110 DOF Finance and Accounting SPN
1120 DOF Treasury
1130 DOF Revenue and Taxation - Saipan
1140 DOF Procurement -Saipan
1150 DOF Customs - Saipan
1160 DOF Electronic Data Processing
(G) Department ofLabor which includes business units
1275 Labor - Secretarys Office
1280 Labor - Labor
1283 Administrative Hearing Office
1330 Labor - Employment Services
3430 Labor - Enforcement Fund
(H) Department of Lands and Natural Resources which includes
business units
1400 DLNR - Secretarys Office
6
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
1 1410
2 1420
3 1440
4 1461
5 1467
DLNR - Agriculture - Saipan
DLNR - Fish amp Wildlife - Saipan
DLNR - Parks amp Grounds
DLNR - Soil amp Water (SPN amp NI)
DLNR - Land Registration amp Survey
(I) Department of Public Health which includes business units
7 1804
8 1878
9 1901
1905
1925
1951
1952
1970
1976
1979
1980
1983
1984
DPH - Commonwealth Health Center
DPH - Medical Supplies
DPH - Secretarys Office
DPH - Environmental Services (SPN)
DPH - Mental Health amp Social Services
DPH - Medicaid Reimbursement
DPH- CHIP
DPH - Dental Services - Saipan
DPH - General Public Health
DPH - Medical Referral
DPH - Medicaid Administration
DPH -Childrens Development amp Assistance Center
DPH - Transitional Living Center
(J) Department of Public Lands which includes business units
1950 Department of Public Lands
(K) Department of Public Safety which includes business units
1340 DPS - Commissioners Office
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HDl SSI
1 1350
2 1362
3 1365
4 1370
5 1380
6 1390
7 1360
8 1361
DPS - Police - Saipan
DPS - Administrative Div
DPS - Bureau of Motor Vehicles
DPS - Investigative Div
DPS - Fire
D PS - Boating Safety
DPS - Training and Academy
DPS - Criminal Justice Information Systems
(L) Department of Public Works which includes business units
10 1470
11 1471
12 1480
13 1484
14 1485
15 1486
16 1490
DPW - Building Safety Code
DPW - Secretarys Office
DPW - Operations amp Maintenance (SPN)
DPW - Roads and Grounds Div
DPW - Solid Waste Management
DPW - TransAutolHeavy Equipment Div
DPW - Technical Services
(4) First Senatorial District (Rota) which includes the following
18 business units
19 1065
1068
~ 21 1066
111222
1132
Office of the Mayor - Rota
Mayors Contingency Fund
Municipal Council - Rota
DOF - Finance amp Acctg - Rota
DOF - Revenue amp Tax - Rota
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PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HDl SSI
1142 Finance - Procurement - Rota
1152 DOF - Customs - Rota
1232 Historic Preservation - Rota
1272 CCA - Sports amp Recreation- Rota
1282 DOL - Labor - Rota
1312 Commerce - Economic Dev - Rota
1352 DPS - Police - Rota
1353 DPS - Property and Protection Fire
1412 DLNR - Agriculture - Rota
1422 DLNR - Fish amp Wildlife - Rota
1442 DLNR - Parks amp Recreation - Rota
1463 DLNR - Soil amp Water Cons
1468 DLNR - Land Registration amp Survey
1482 DPW - Operations amp Maintenance - Rota
1523 Public Library - Rota
1912 DPH - Public Health - Rota
1957 DPH - Environmental Health - Rota
1989 DPH - Dental Services - Rota
3421 Youth Training
(5) Second Senatorial District (Tinian and Aguiguan) which
includes the following business units
1063 Mayor ofTinian - Office
1067 Mayors Contingency Fund
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
1 1064
2 1111
3 1131
4 1141
5 1151
6 1231
7 1271
8 1281
9 1311
10 1351
11 1411
12 1421
13 1441
14 1462
15 1481
16 1524
17 1906
18 1907
19 1911
20 3420
Municipal Council - Tinian
Finance amp Accounting - Tinian
DOF - Revenue amp Tax - Tinian
DOF - Procurement - Tinian
DOF - Customs - Tinian
CCA - Historic Preservation - Tinian
CCA - Sports amp Rec - Tinian
Labor - Labor - Tinian
Commerce - Economic Dev - Tinian
DPS - Police - Tinian
DLNR - Agriculture - Tinian
DLNR - Fish amp Wildlife - Tinian
DLNR - Parks amp Recreation - Tinian
DLNR - Soil amp Water Cons - Tinian
DPW - Operations amp Maintenance - Tinian
Public Library - Tinian
DPH - Public Health - Tinian
DPH - Dental Services - Tinian
DPH - Environmental Health - Tinian
Youth Training
lt21 (6) Third Senatorial District (Saipan and the Northern Islands)
which includes the following governmental offices
23 1060 Mayor ofNorthern Islands
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
1061 Mayor of Saipan - Mayors Office
1059 Mayors Contingency Account
1062 Saipan and Northern Islands - Municipal Council
(7) All government corporations as defined in 1 CMC sect7103(n)
for which budget authority is herein provided including the following
(A) Commonwealth Development Authority
(B) Commonwealth Ports Authority
(C) Commonwealth Utilities Corporation
(D) Marianas Public Land Trust
(E) Northern Marianas Housing Corporation
(F) Northern Marianas Retirement Fund
(G) Public Utilities Commission
(8) Boards and Commissions which includes the following
business units
1540 Civil Service Commission
1551 Commission on Election
1556 Board of Professional Licensing
(9) Other Programs and Autonomous Agencies which includes the
following business units
1600 Workers Compensation Commission
1601 Governor I Lt Gov Pension
1602 Retirement COLA PL 5-38-39-25
1603 NMIOIC
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
Aetna R -Off amp Ret
(10) Public Corporations which includes the following business
units
1605 Northern Marianas College
3450 NMC - Apprentice Program
1606 Marianas Visitors Authority
1001 Board Of Education
1607 Public School System
(c) Independent programs means government programs under
separate boards established by law (unless receiving appropriations or
budget authority under another heading) specialized general items of
appropriations and those non-profit corporations and associations or
organizations established outside of the Government of the
Commonwealth of the Northern Mariana Islands to which the
Commonwealth Government provides financial assistance including
business units
1592 Joeten-Kiyu Public Library
1515 Public Assistance Program Matching Funds
1623 Judgments Against Government
3661 Commonwealth Museum
New La Fiesta Lease
1549 Council for the Humanities
23 1562 Ayuda Network
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
1568 Domestic Violence
1570 National Governors Association
1577 Karidat
1580 Micronesian Legal Services
1591 Utilities - CNMI Government
(d) Local funds means locally generated revenues and revenues
received pursuant to Section 702 (a) of the Covenant
(e) Operations means appropriations for all lawful activities
other than personnel
(f) Personnel means appropriations for salaries employers
contribution to the Northern Marianas Retirement Fund the Defined
Contribution Plan overtime night differential hazardous pay and other
employee wages and benefits
(g) Position or Full-Time Equivalent (FTE) means the
maximum number of persons that may be employed pursuant to Article
X Section 7 of the Commonwealth Constitution but does not include
Workforce Investment Agency substitute teachers summer trainees
teacher aides physicians licensed professional nurses and licensed allied
health providers working part-time and paid only for instructional time
student teacher trainees or short-term specialized instructors such as
visiting artists performers writers and the like For purposes of this
exception part-time means employment not exceeding 40 hours in any
biweekly pay period and short-term meansmiddot not more than 90
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 DD1 SS1
instructional days employment within the Public School System during the
fiscal year
CHAPTER ll ESTIMATED REVENUES
Section 201 Estimated Revenues Pursuant to House Concurrent
Resolution No 17-2 HDl the total estimated revenues and resources approved
and identified for FY 2011 are as follows
L Total identified budgetary resources $149171000
II This amount is subject to the following adjustments
(a) Less revenue transfer to other funds
(1) PL 13-38 Cigarette Excise Tax to Tobacco Control lt1365000gt
(2) 10 Excise Tax Transfer to Solid Waste Revolving Fund lt1585000gt
(3) CIQ reimbursement for airport overtime lt475000gt
(4) 4 CMC Section 1803 (b) NMIRF Hotelcontainer tax per court order
lt1690000gt
(5) 4 CMC Section 1803 (b) MV A hotel container tax earmarking
lt3835000gt
(b) Less debt services previously appropriated
(1) 2003A $40 million bond repayment lt$369000gt
(2) 2007 A refunding bond payment lt$5152500gt
(3) 2007B refunding bond payment lt$2134500gt
(c) Deficit Reduction $
Subtotal lt$16606000gt
(d) Net FY 2011 budgetary resources available for appropriation $132565000
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSt
1 ( e) Department of Public Lands $2820866
2 Grand Total
3 Notwithstanding 1 CMC 7204 funds appropriated for FY2011 shall be
4 allotted monthly
5 Section 202 Suspension of Earmarked Funds Except for debt service
6 obligations and other earmarking of funds as permitted in Section 201 of this
7 Chapter the earmarking reservation commitment allotment or allocation of
8 funds pursuant to the following public laws are hereby suspended for Fiscal Year
9 2011
10 (a) Public Laws 15-5 and 14-54 (Non-resident Worker Fund Fees
11 to NMC and PSS and 10 of Gaming Jackpot Tax to PSS) and
12 (b) 4 CMC sect 1508(a) and (b) (10 of General Fund poker fees to
13 the Human Resources Development Fund [WIA] and 50 to the
14 Retirement Fund)
15 CHAPTER III
16 GOVERNMENT CORPORATIONS AND DESIGNATED
17 AGENCIESACTIVITIES
18 Section 301 Appropriation and Budget Authority Pursuant to 1 CMC sect
19 7206 and as provided herein budget and expenditure authority for the following
20 activities is hereby approved Expenditures in excess of the budget authority
21 approved herein for agencies to which public funds are appropriated shall not be
22 incurred or committed and hiring in excess of FTE ceilings is prohibited unless
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HDl SSI
1 authorized by a legislative joint resolution in accordance with Section 7 Article X
2 of the NMI Constitution
3 ACTIVITIES FTE OPERATIONS TOTAL
4 (a) Commonwealth Development Authority 27 758386 452691 1211077
5 (b) Commonwealth Ports Authority no submittal
6 (c) CNMI Govt Health amp Life Ins --------------------Privatized ------------------shy
7 (d) Commonwealth Utilities Corporation no submittal
8 (e) NM Housing Corporation 24 1110989 1113108 2224097
9 (f) NMI Ret Fund 27 1353669 76659330 78012999
10 (g) Office ofthe Public Auditor 30 1818525 755700 2574225
11 (h) Public Utilities Commission 55553 137550 193103
12 Grand Total 109 $520972122 $7921182379 8422152501
13 Notwithstanding the above dollar amounts the entities above shall expend only
14 the lesser of funds actually generated collected or received or the amounts
15 indicated above
16 Section 302 Prior Certification of Funds
17 No person shall be employed or enter into contractual relationship with the
18 Commonwealth or any government entity therein without first receiving from the
19 Secretary of the Department of Finance certification that lawful and sufficient
20 funds for the purpose are available For purposes of this section professional
21 services shall include but not be limited to services provided by engineers
22 accountants physicians lawyers and other similar professionals
23 Section 303 Reporting Requirement The expenditure authorities of the
24 foregoing activities listed in Section 301 shall submit to the presiding officers of
25 the legislature at the end of each quarter an itemized report on the expenditures
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PUBLIC LAW NO 17-21
HOUSE BILL t7~t23 HDt SSt
for personnel and operations of each government entity and the payments of the
public auditors fee for the quarter ended and if applicable year~to-date totals as
of the close of the reporting period
CHAPTERIV ADMINISTRATION OF APPROPRIATED FUNDS
Section 401 Management of Funds
The expenditure of the funds appropriated and allocated under this Act
shall be regulated and controlled by the Secretary of Finance so that no agency
department instrumentality program or activity may expend the funds contrary
to the law or fiscal management policies and practices of the Commonwealth
Provided further that in addition to the report required under 1 CMC sect7209 the
Secretary ofFinance shall submit at the end of each quarter an itemized report on
the expenditures for personnel and operations of each business unit funded in
whole or in part by the General Fund for the quarter ended and if applicable
year-to-date totals as of the close of the reporting period
Section 402 Notwithstanding 1 CMC sect 7204 without prior legislative
approval consultation and concurrence no funds appropriated in this Act shall be
reduced or reprogrammed by the Governor except as provided herein
Section 403 FTE Ceiling
(a) Employment Ceilings Pursuant to Article X sect 7 of the
Commonwealth Constitution the employment ceilings are hereby established as
21 set forth herein
Section 404 Expenditure Authority 22
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SS1
(a) The distribution and expenditure of funds shall be in compliance with
the fiscal expenditure authority the listed agencies have pursuant to statute and the
administrative provisions of this Act as set forth herein
(b) Except as provided in this Act the funds appropriated pursuant to this
Act shall be expended by the respective expenditure authority pursuant to 1 CMC
sectsect 7401 and 7503
(c) For the Ground Water Management and Protection Act Fund
expenditure authority is vested in the Director of the Division of Environmental
Quality
(d) For all government agencies receiving appropriated funds for
personnel or staff housing administrative and expenditure authority over housing
and accompanying funds including but not limited to approval of lease
agreements is vested in the appropriate agency officials designated by law as
having expenditure authority
(e) For the Domestic Violence Task Force expenditure authority is vested
in the Family Violence Task Force chairperson with concurrence of the Family
Violence Task Force coordinator
(f) For Crime Stoppers International the chairperson of the board of the
directors shall be the expenditure authority
(g) For Independent Programs unless otherwise provided in this Act or in
any other provision of law expenditure authority shall be vested in the Secretary
ofFinance
23 CHAPTER V REPROGRAMMING AUTHORITY
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 lID1 SSI
Section 501 Reprogramming Authority
2 (a) Unless otherwise specified in this act authority to reprogram
3 appropriated funds shall be as provided under I CMC sectsect 7402 and 7504
4 (b) Provided however 1 CMC sectsect 7402 (b) is hereby suspended for the
5 period of this Act Governor shall have 100 reprogramming authority on funds
6 appropriated under Section 704 of this Act
7 (c) Notwithstanding any law to the contrary the Governors authority to
8 reprogram funds under this section shall include the authority to reprogram funds
9 available to all public corporations agencies and entities of the Commonwealth
10 Government upon approval by joint approval ofthe legislature provided that such
11 funds are not restricted from reprogramming by federal law federal grant
12 conditions Commonwealth constitutional prohibitions and deposit and other
13 security restrictions related to bond covenants and the financing of public
14 projects
15 CHAPTER VI SUPPLEMENTAL ADMINISTRATIVE PROVISIONS
16 Section 601 Utilities The amount of $7539509 included in the
17 Independent Programs shall be appropriated for the payment of utilities for the
18 branches departments and agencies of the Commonwealth government except
19 the business units listed in Section 103(b)(7) and the Public School System and
20 the Northern Marianas College
-21 Section 602 Hiring Restriction
22 (a) As long as work hours and wages are reduced no vacancies shall be
23 filled except for critical and emergency positions provided that until a law is
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
passed defining critical and emergency positions said critical and emergency
2 positions must be approved by joint approval of the legislature
3 (b) In order to reduce the size of the Government except for the Public
4 School System the Northern Marianas College and health care professionals of
5 the Department of Public Health and Environmental Services any FTE (full-time
6 equivalent) that becomes vacant shall be eliminated The renewal of the contract
7 for an existing employee shall not be considered creating a vacant position If a
8 new position or vacant position is necessary to be filled to protect the health
9 safety and welfare of the public the expenditure authority may request the
10 Legislature to establish a new FTE by joint resolution The appropriations set
11 forth in Section 704 are contingent on this section remaining in this Appropriation
12 Act
13 Section 603 Litigation Expenditures Restricted
14 Except for the governor the attorney general the chief justice of the
15 Commonwealth supreme court presiding officers of the legislature mayors and
16 municipal councils and notwithstanding any law to the contrary no agency
17 expenditure authority may use any part of their appropriations in connection with
18 prosecuting a legal matter against another agency unless authorized by the chief
19 justice in the case of agencies within the judicial branch the governor in the case
20 of agencies within the executive branch and the presiding officers in the case of
21 agencies within the legislative branch and mayors in the case of agencies under
22 their authority The terms agency and agencies as used in this section shall be
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HDl SSI
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1 liberally construed to include all instrumentalities and subdivisions of the
2 Commonwealth Government
Section 604 Public Auditors Fee
The Public Auditors Fee is 1 (one percent) of the total appropriations
for each instrumentality department agency corporation and budget activity of
the CNMI Government Notwithstanding any other provision of law any lapsed
funds from the Office of Public Auditor shall be applied to CNMI deficit
reduction only Agencies that are not funded by the general fund listed in section
301 (a)-(h) shall remit their respective fee on a monthly basis to the Department
ofFinance
Section 605 Legal Holidays
(a) The following laws and regulations providing for payment of legal
holidays are repealed during fiscal year 2011
1 CMC sect312 and sect313
Title 10 NMIAC sect10-lO-135G) (Excepted Service)
Title 10 NMIAC sectlO-202-346 (Civil Service Executive Branch)
Title lO NMIAC sect lO-30-344 (Civil Service Judicial Branch)
Title 40 NMIAC sect40-40-425 (Commonwealth Ports Authority)
Title 60 NMIAC sect60-301-444 (Public School System)
Title 100 NMIAC sect 100-50-430 (Northern Marianas Housing
Corporation)
Title 120 NMIAC sect120-lO-230 (Excepted Service) and
Title 130 NMIAC 130-20-330 (Office of the Public Auditor)
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HDl SSI
1 (b) Any employee required to work on a legal holiday shall be paid hislher
2 regular salary
3 (c) From the legal holidays listed in 1 CMC sect311 the Governor may
4 select one or more legal holidays for fiscal year 2011 for which employees shall
5 receive leave with pay
6 (d) Although leave with pay is not required for legal holidays during
7 Fiscal Year 2011 expenditure authorities may grant leave with pay for their
8 employees if they have available funds in their personnel account
9 CHAPTER VII APPROPRIATIONS
10 Section 701 In General
11 (a) Funds designated in Chapter II as available for appropriation for FY 2011
12 are hereby appropriated pursuant to this Chapter
13 (b) A business units FTE ceiling shall be established in this Chapter No
14 business unit shall exceed its FTE ceiling unless authorized by this Act or joint
15 resolution of the legislature
16 (c) Reduction in the Level of Appropriations In order to provide expenditure
17 authorities with flexibility in determining the allocation of funding for their operations
18 expenditure authorities must reduce their expenditures to achieve the level of
19 appropriation under this Act
20 Expenditure authorities may reduce previous levels ofexpenditure by
21 (1) A reduction in work hours
22 (2) A reduction in wages
23 (3) Furlough
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
1 (4) A reduction in force
2 (5) A reduction in expenditures for all others or
3 (6) A combination of reductions under subsections (1) through (5)
4 (d) The reduction in work hours shall not exceed 16 hours per bi-weekly pay
5 period If sufficient additional resources are not identified during the first quarter of
6 FY 2011 to allow an increase in work hours the reduction in work hours may be
7 continued
8 (e) Suspension of Restrictions on Reprogramming To provide for the
9 reprogramming between personnel and non-personnel accounts 1 CMC sect7402(c) is
10 suspended for the period that this Act is in effect
11 (f) Provided however that during the period of this Act no funds shall be I I
12 reprogrammed from non-personnel accounts to personnel accounts to increase any
13 salaries from its current level
14 Section 702 Judicial Branch
15 (a) There is hereby appropriated the following amounts to fund the personnel
16 and non-personnel expenses as listed below of the Judicial branch
17 FTE PERSONNEL OPERATIONS TOTAL
18 Supreme Court 11 792333 3639 795972
19 Superior Court 45 1714552 160961 1875513
20 Administration 13 295435 217240 512675
21 Law Revision Comm 5 132442 6245 138687
22 TOTAL 74 $2934762 $388085 $3322847
23 Section 703 Legislative Branch
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
1 (a) In accordance with Article II sect16(b) and (c) of the NMI Constitution as
2 amended by Legislative Initiative 10-8 the following amounts are hereby appropriated
3 to fund the personnel retirement contribution and non-personnel expenses as listed
4 below of the Legislative branch
5 FTE PERSONNEL OPERATIONS TOTAL
6 House Members Salary 20 954597 954597
7 House Members Allocation 100 1700000 1700000
8 House Leadership Allocation 138000 138000
9 Senate 9 431141 431141
10 Senate Members Allocation 45 765000 765000
11 Senate Leadership Allocation 138000 138000
12 Legislative Bureau 28 1274764 167000 1441764
13 CNMI Youth Congress 1 21167 20000 41167
14 TOTAL 203 $2681669 $2928000 $5609669
15 (b) Salaries of Legislative Members
16 (1) The amount appropriated under this section to the House of
17 Representatives under personnel shall be used to fund the salaries and
18 benefits of the members of the House of Representatives The expenditure
19 authority for the amounts appropriated shall be the Secretary of Finance
20 (2) The amount appropriated under this section to the Senate under
21 personnel shall be used to fund the salaries and benefits of the members of the
22 Senate The expenditure authority for the amounts appropriated shall be the
23 Secretary of Finance
24 (c) House Members Office Accounts and Employees
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
(1) The Department of Finance shall establish and assign a number to a
new business unit account entitled House Members Office Accounts for the
appropriation for House Members Allocation Another new business unit
account entitled Senate Members Office Accounts for the appropriation for
Senate Members Allocation Under each of these said accounts an equal
amount of the appropriation shall be allocated to subaccount further established
thereunder for each member of the respective house for the operations of the
members office as permitted under section 16 of article II of the CNMI
Constitution applicable laws and the rules of the legislative body to which the
member was elected
(2) Notwithstanding 1 CMC sect7401(c) to the contrary each member
shall be the expenditure authority of the funds allocated to their individual sub-
account
(3) Funds allocated for the operation of the members office including
but not limited to the personnel costs of the members employees and
expenditures as authorized by the adopted rules of the Senate in the case of the
Senate member or the adopted rules ofthe House of Representatives in the case
of a House member such as a monthly stipend to defray travel and incidental
expenses for the purpose of attending to legislative business outside the
members senatorial district
(4) Allocation ofFTEs among House members shall be governed by the
rules of the House
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
(5) Allocation of FTEs among Senate members shall be governed by
the rules of the Senate
(d) Senate and House Leadership Accounts
(1) The Department of Finance shall establish and assign a number to
two new business unit accounts one entitled House Leadership Account for
the appropriation in the amount of $138000 under All Others and another
new business unit account entitled Senate Leadership Account for the
appropriation in the amount of $138000 under All Others
(2) The presiding officer of each respective house or his lawfully
authorized designee shall be the expenditure authority and shall use such funds
to support the operations and activities of the House of Representatives and
Senate in accordance with its rules provided that the presiding officer
distributes a portion of the total appropriation in equal amounts to all the
standing committees for their operations and activities
(e) Legislative Bureau The expenditure authority of the funds appropriated for
the Legislative Bureau shall be the Director of the Legislative Bureau or his or her
lawfully authorized designee
(f) Northern Marianas Youth Congress The expenditure authority is vested in
the Director of the Legislative Bureau with the consultation of the Speaker of the
Northern Mariana Islands Youth Congress
Section 704 Executive Branch
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SS1
1 There are hereby appropriated the following amounts to fund the personnel and
2 non-personnel expenses of the offices programs and activities of the Executive Branch
3 as listed below
4 FTE PERSONNEL OPERATIONS TOTAL
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
21
22
23
24
25
26
27
28
29 30 i31
Office ofGov
Attorney General
Commerce
Comm amp Cult Affairs
Corrections
Finance
Labor
Lands amp Natural Res
Public Health
Public Safety
Public Works
Total
140
42
32
88
96
163
44
98
485
258
129
1575 $45120729 $14184384 $59305113
Section 705 First Senatorial District Rota
(a) There is hereby appropriated the following amounts to fund the personnel
and non-personnel expenses as listed below of the First Senatorial District
Mayor
Municipal Coun
Commerce (econ Dev)
CampCA
Police (DPS)
Fire
Finance amp Actg
Revenue amp Tax
Customs
Procurement amp Supply
Labor
FTE PERSONNEL OPERATIONS
99
11
8
10
34
12
3
3
6
2
7
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
1 Agriculture 20
2 Historic Preservation 4
3 Lands Regisamp Survey 6
4 Fish amp Wildlife 5
5 Parks amp Recreation 4
6 Soil amp Water Consv
7 Rota Health Center 51
8 Dental Services 4
9 DPH Med Referral 5
10 Environmental Health 2
11 Public Works 23
12 Total 320 $5677593 $576487 $6256080
13 (b) The Rota Legislative Delegation shall determine by Local Delegation
14 Resolution the allocation of the funds appropriated for the First Senatorial District
15 (c) Except as provided in this section the Mayor ofRota shall have authority to
16 expend obligate encumber or otherwise commit the funds appropriated to the First
17 Senatorial District Notwithstanding any law to the contrary the Mayor of Rota shall
18 have 100 reprogramming authority of the funds appropriated in this Act
19 Appropriations to the Municipal Council shall be divided and distributed equally to
20 each member of the Municipal Council Each Municipal Council member shall be the
21 expenditure authority of funds distributed to himher Additionally in accord with the
22 Superior Courts decision in the case of Inos v Tenorio the Mayors shall also have
23 expenditure authority over resident government departments in the First and Second
24 senatorial districts respectively unless the Governor revokes expenditure authority in a
25 manner consistent with the Superior Courts holding in Inos v Tenorio to wit
26 expenditure authority over resident departments that are primarily concerned with the
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2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
delivery of public services can be revoked only on a prior showing of just cause but
the Governor has discretion to revoke expenditure authority over those departments
that are primarily concerned with enforcing the law
(c) Rota Health Center Three hundred forty thousand ($34000000) from the
First Senatorial Districts budget appropriation is hereby allocated to pay for
professional services for nurses technicians and other medical and auxiliary
professionals as needed including one mental health counselor in the amount of Thirty
Three Thousand Dollars ($3300000)
(d) DPS Cadets One hundred seven thousand seven hundred eighty
($10778000) from the First Senatorial Districts budget appropriation is hereby
allocated for five (5) Full Time Equivalents (FTEs) for the Rota Department of Public
Safety of the total 329 FTEs to fully fund the five (5) 2010 DPS Academy graduates
from the First District who shall be placed as FTEs within the Rota Department of
Public Safety Any shortfall for overtime retirement or benefits shall be borne by the
municipality
(e) Dentist Seventy-seven thousand two hundred dollars ($77200) from the
First Senatorial Districts budget appropriation is hereby allocated for one (1) Full
Time Equivalent (FTE) to hire a dentist
Section 706 Second Senatorial District - Tinian amp Aguiguan
(a) There is hereby appropriated the following amounts to fund the personnel
and non-personnel expenses of the Second Senatorial District as listed below
FTE PERSONNEL OPERATIONS TOTAL
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SS1
Mayor 112
Municipal Council 3
Commerce (econo dev) 4
Historic Preservation 2
CampCA 3
Customs 3
Finance amp Acctg 2
Procurement amp Supply 2
Revenue amp Tax
Labor 8
Agriculture 15
Fish amp Wildlife 2
Parks amp Recreation 5
Environmental Health 4
Dental Services 3
Tinian Health Center 49
Police (DPS) 45
Public Works ~
Total 268 $5179361 $1076719
20 (b) The Tinian and Aguiguan Legislative Delegation shall determine by Local
21 Delegation Resolution the allocation of the funds appropriated for the Second
22 Senatorial District
23 (c) The Mayor and the Chairperson of the Municipal Council shall have the
24 expenditure authority for appropriations for their respective offices except as provided
25 below Notwithstanding any law to the contrary the Mayor of Tinian amp Aguiguan shall
26 have 100 reprogramming authority of the funds appropriated in this Act Each
27 Municipal Council member shall allocate and provide for the expenditure of the funds
28 appropriated to the Council in accordance with the Official Rules of the Council
29 Additionally in accord with the Superior Courts decision in the case of Inos v
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 lID1 SS1
Tenorio the Mayors shall also have expenditure authority over resident government
2 departments in the First and Second senatorial districts respectively unless the
3 Governor revokes expenditure authority in a manner consistent with the Superior
4 Courts holding in Inos v Tenorio to wit expenditure authority over resident
5 departments that are primarily concerned with the delivery of public services can be
6 revoked only on a prior showing of just cause but the Governor has discretion to
7 revoke expenditure authority over those departments that are primarily concerned with
8 enforcing the law
9 (d) Tinian Health Center Four hundred twenty seven thousand seven hundred
10 twenty seven and eighty one ($42772781) from the Second Senatorial Districts
11 budget appropriation is hereby allocated to pay for the direct hiring of nurses ancillary
12 staff and other needed administrative adjustments on personnel matters
13 (e) Tinian Municipal Council One hundred twenty three thousand four
14 hundred three ($123403) All Others appropriation of the Municipal Council is
15 hereby allocated as follows (1) $15000 for office rental and administrative purposes
16 and (2) $108403 for community projects and other functions ofwhich $75000 shall be
17 allocated to the chairman and the remaining balance shall be divided equally among the
18 other two members who shall be the expenditure authority of such funds
19 (f) Tinian Commerce Thirty eight thousand one hundred forty one ($38141)
20 is hereby allocated under AU Others for operations and office supplies
Section707 Third Senatorial District - Mayor ofSaipan Mayor of the Northern
Islands and Saipan and Northern Islands Municipal Council
PUBLIC LAW NO 17-21 HOUSE BILL l7~l23 HDl SSl
1 (a) There is hereby appropriated the following amounts to fund the personnel
2 and non-personnel expenses of the municipal governments of Saipan and the Northern
3 Islands as listed below
4 FTE PERSONNEL OPERATIONS TOTAL
5 Saipan Mayor 48 $875509 $248240 $1123257 6 NI Mayor 11 $192849 $86716 $279565
7 Saipan Mun Council 1 $34076 $27447 $61523
8 Total 60 $1102434 $362411 $1464845
9 (b) The Mayor of Saipan the Mayor of the Northern Islands and the
10 Chairperson of the Municipal Council for Saipan and the Northern Islands shall be the
11 expenditure authority for appropriations for their respective offices Notwithstanding
12 any law to the contrary the Mayors of Saipan and the Northern Islands respectively
13 shall have 100 reprogramming authority of the funds appropriated in this Act
14 Section 708 Autonomous Agencies
15 (a) There is hereby appropriated the following amounts to fund the following
16 autonomous agencies as listed below
17 FTE PERSONNEL OPERATIONS TOTAL
18 NMC 160 $4099229 $364235 $4464464
MVA 36 $832531 $1780496 $2611027
ajlst amp and SeRaterl Dist $369999 $36886611gtfif~tll~fu0 PSS ll13 $28521990 $2617529 $31140519f-AP( 21
22 BOE 2 $1372685 $26643 ~164~28
23 Total 1312 $33591435 $5148903 $38740338
24 (b) Northern Marianas College
25 (1) The president of the Northern Marianas College shall be the
26 expenditure authority of the appropriated funds
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3
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7
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9
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12
13
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
pfiuv~I tys
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(c) Marianas Visitors Authority
(1) The chairman of the Board of Directors of the Marianas Visitors
Authority shall be the expenditure authority ofthe appropriated funds
(2) Tlnee hundted sixty thousand ($360000) of the All OthelS
appropriation ofth Malianas Visitors Burau sball allocatd as follows
(i) One httndred 1vveftty thousRJJd ($120000) to susidiZle the
eftartef flights from Japan to Rota under the eKpndinY=e authority of the
Cbairman oftbe Marianas Visitors AQtborityen
(ii) One bll1dred Pyenellty tbollSaad ($120000) to promote and
market Tinian as a tourist destinatioR under the expenditure ffitthority of
the Chairman of the Mwianas Visitors Authoriry ctnd
(iii) 000 hundred tlJlnty thousand ($120000) to pay the
outstandiag KllT aGGount for completed Gbafter flights from Japan to
RotH under the expenditUfe authority of the Chairman of the Marianas
Visitor s 1AzYtbor~[
(d) Public School System
(1) The expenditure authority shall be the Commissioner of Education
or hislher designee
(2) No part of funds appropriated to BU 1607 the Public School
System shall be used to pay for any expense including but not limited to travel
or reimbursement of the Board of Education its board members and staff
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SS1
1 (e) Board of Education The chairperson of the Board of Education shall be the
2 expenditure authority of the appropriated funds
3 Section 709 Boards and Commissions
4 (a) There is hereby appropriated the following amounts to fund the following
5 boards and commissions as listed below
FTE PERSONNEL OPERATIONS
BPL
Civil Servo Comm
Election Comm
Total
3
4
1 14
$88732
$164803
$1762806
$430341
$13264
$2183
$932819
$109266
11 Section 710 Independent Programs
12 There is hereby appropriated the following amounts to fund the following
13 independent programs and activities as listed below
14 FTE PERSONNEL OPERATIONS TOTAL
15 Ayuda Network 18417 18417
16 Commonwealth Museum 4 96395 40140 136535
17 Domestic Violence 36834 36834
18 Humanities Council 4604 4604
19 JoetenlKiyu Public Library 7 128933 39674 168607
20 Marianas Bound - Karidat 54147 54147
21 Micronesian Legal Legal Services - 18417 18417
22 Nat Govs Assoc 40518 40518
23 Public Assis Program 17577 17577
24 Govt Utilities 7539509 7539509
25 Judgment 76258 76258
26 La Fiesta Lease 200000 200000
27 Aetna R-Off amp Ret -- 1463483 0 1463483
28 Total 11 1688811 8492643 10181454
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2
3
4
5
6
7
8
9
10
11
12
13
14
15
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
(a) Joeten-Kiyu Public Library The expenditure authority shall be the
chairperson of the Commonwealth Library Council
(b) Public Assistance - Matching Funds The expenditure authority shall be
the Governor or his designee
(c) Judgments against the Government The expenditure authority shall be the
Secretary of Finance in consultation with the Attorney General
(d) Commonwealth Museum The chairperson of the Board of Governors of
the Commonwealth Museum or hislher designee shall be the expenditure authority
(e) Ayuda Network The expenditure authority shall be the chairperson of the
board of directors
(f) KARlDAT The executive director of Marianas Bound (KARlDAT) shall
be the expenditure authority
(g) Micronesian Legal Services The executive director of the Micronesian
Legal Services Corporation shall be the expenditure authority
(h) For programs and activities not specifically mentioned the expenditure
authority shall be the Secretary of Finance
Section 711 Other Programs
(a) There is hereby appropriated the following amounts to the following other
programs as listed below
FTE PERSONNEL OPERATIONS TOTAL
22
23
NMIOICC
Ret Pension GovLtGov
Ret PL5-3 (COLA)
1 $27476
$147506
o o
413276
$27476
$147506
$413276
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
1 Workers Comp Comm ~ $121061 129648 $250709
2 Total 6 $297751 $541216 $838967
3 Section 712 Department of Public Lands
4 (a) Pursuant to Section 103 of Public Law 15-2 $2820886 is appropriated to
5 the Department of Public Lands as follows
6 Personnel $1765104
7 Operations $1055782
8 Total $2820886
9 FTE Ceiling 65
10 No funds received or collected by or remitted to the Department of Public Lands
11 pursuant to Public Law 15-2 that are in excess of the amount appropriated in this
12 section may be reprogrammed or expended absent legislative appropriation or in
13 violation of the Constitution
14 Section 713 Reporting Requirements The expenditure authorities of the
15 foregoing activities listed in Chapter VII shall submit to the presiding officers of the
16 legislature at the end of each quarter an itemized report on the expenditures for
17 personnel and operations of each government entity and the payments of the public
18 auditors fee for the quarter ended and if applicable year-to-date totals as of the close
19 of the reporting period
20 Section 714 Compact Impact Funds
middot21 Compact Impact funds shall be used III accordance with the terms and
22 conditions set forth in the Grant Agreement and shall be used to defray qualified
23 expenses for the following activities
24 (a) Office of Public Defender $ 37151
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HDt SSI
1 (b) Dept of Community amp Cultural Affairs
2 (c) Dept of Corrections
3 (d) Dept of Public Health
4 (e) Department of Public Safety
5 Total
6 Section 715 Outside Sources
$ 44616
$ 154698
$ 536744
$ 1157234
$1930443
7 (a) Notwithstanding any law to the contrary the Governor is authorized to
8 transfer qualified operational expenses to available and unencumbered outside general
9 fund accounts not to exceed $3500000 which are hereby appropriated to pay for such
10 expenses
11 CHAPTER VIII GENERAL PROVISIONS
12 Section 801 Severability If any provision of this Act or its application to any
13 person or circumstance is held invalid the invalidity does not affect other provisions
14 or applications of the Act which can be given effect without the invalid provision or
middot15 applications and to this end the provisions ofthis Act are severable
16 Section 802 Savings Clause This Act and any repealer contained herein shall
middot17 not be construed as affecting any existing right acquired under contract or acquired
18 under statutes repealed or under any rule regulation or order adopted under the statutes
middot19 Repealers contained in this Act shall not affect any proceeding instituted under or
ao pursuant to prior law The enactment of this Act shall not have the effect of terminating
21 or in any way modifying any liability civil or criminal which shall already be in
22 existence at the date this Act becomes effective
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HDl SSI
1 Section 803 Effective Date This Act shall become law upon its approval by the
2 Governor or it becoming law without such approvaL
House Clerk
Certiiedby ~~f OILAN C ORiOSPEAKER
this
Governor
2010
Commonwealth ofthe Northern Mariana Islands
PUBLIC LAW NO 17-21
S~t~tmdi Legislature ojtlie
COmtllJJlruwlftli ojtlie Nortliem Mariana Isfands
IN THE HOUSE OF REPRESENTATIVES
11th Day Second Regular Session
October 8 2010
B B 17123~ BDl~ SSt
AN ACT
To make appropriations for the operations and activities of the Government of the Commonwealth of the Northern Mariana Islands its agencies instrumentalities and independent programs and to provide budget authority for government corporations for Fiscal Year 2011
Be it enacted by the Seventeenth Northern Marianas Commonwealth Legislature
1 CHAPTER 1 PRELIMINARY PROVISIONS
2 Section 101 Short Title This Act may be cited as the Appropriations
3 and Budget Authority Act of2011
4 Section 1 02 Purpose This Act appropriates local funds for the
5 operations and activities of the Government of the Northern Mariana Islands its
6 agencies instrumentalities independent agencies and political subdivisions and
7 provides authority for government corporations for Fiscal Year 2011 commencing
8 October 12010 and ending September 30 2011
9 Section 103 Definitions As used in this Act
JO (a) RU means business unit
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PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SS1
(b) Government of the Commonwealth of the Northern Mariana Islands
includes
(1) Legislative Branch which includes the following business
units
1722 House ofRepresentative Salaries
New House Member Account amp Employees
New House Leadership Account
1770 Legislative Bureau
1799 Retirement Fund Contribution
1593 Youth Congress
1762 Senator Salaries
New Senate Members Account amp Employees
New Senate Leadership Account
(2) Judicial Branch which includes the following
1690 Superior Court
1691 Supreme Court
1692 Law Revision Commission
1694 Judicial Administration
(3) Executive Branch which includes the following departments
and offices
(A) Offices of the Governor which includes business
units
1011 Office of the Governor
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2
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6
7
8
9
10
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PUBLIC LAW NO 17-21
HOUSE BILL 17-123 IIDI SSI
1021 Governors Discretionary Account
1050 Lt Governors Office
1051 Lt Governors Discretionary Account
1014 Management and Budget
1016 Administrative Services
1017 Governors Press Secretary
1018 Programs and Legislation
1019 Emergency Management Office
1020 Youth Affairs
1023 Board ofParole
1026 Personnel Management
1027 Personnel Management - Tinian
1028 Personnel Management - Rota
1033 Scholarship Fund
1190 Public Defender
1201 Carolinian Affairs
1202 Indigenous Affairs
1251 Veterans Affairs
1260 Womens Affairs
1492 DEQ Environmental Protection
1493 DEQ Litter Control
1494 DEQ - Tinian
1495 DEQ - Rota
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PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
1496 DEQ Groundwater Protection
1555 Zoning
350111583 WIA
1584 CJPA
1915 Vocational Rehabilitation
(B) Office ofthe Attorney General which includes business units
1170 Attorney Generals Office
1185 AGO Consumer Counsel
1187 AGO - Investigations
1188 AGO - Special Investigations
(C) Department of Community and Cultural Affairs which
includes business units
1200 CCA - Secretarys Office
1220 CCA - DivYouth Services
1223 CCA - Child Care Licensing Program
1230 CCA - Historic Preservation
1240 CCA - Office on Aging
1250 CCA - Council for Arts amp Culture
1252 CCA - LIHEAP
1270 CCA - Sports amp Recreation
1557 ChamorroCarolinian Language Commission
(D) Department of Commerce which includes business units
1300 Commerce - Secretarys Office
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2
3
4
5
6
7
8
9
10
11
12
13
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17
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HDl SSI
1310 Commerce - Economic Dev
1331 Commerce - Central Statistics
1332 Commerce - ABTC
1333 Commerce - Enforcement
(E) Department of Corrections which includes business units
1335 Department ofCorrections
(F) Department of Finance which includes business units
1100 DOF - Secretarys Office
1110 DOF Finance and Accounting SPN
1120 DOF Treasury
1130 DOF Revenue and Taxation - Saipan
1140 DOF Procurement -Saipan
1150 DOF Customs - Saipan
1160 DOF Electronic Data Processing
(G) Department ofLabor which includes business units
1275 Labor - Secretarys Office
1280 Labor - Labor
1283 Administrative Hearing Office
1330 Labor - Employment Services
3430 Labor - Enforcement Fund
(H) Department of Lands and Natural Resources which includes
business units
1400 DLNR - Secretarys Office
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
1 1410
2 1420
3 1440
4 1461
5 1467
DLNR - Agriculture - Saipan
DLNR - Fish amp Wildlife - Saipan
DLNR - Parks amp Grounds
DLNR - Soil amp Water (SPN amp NI)
DLNR - Land Registration amp Survey
(I) Department of Public Health which includes business units
7 1804
8 1878
9 1901
1905
1925
1951
1952
1970
1976
1979
1980
1983
1984
DPH - Commonwealth Health Center
DPH - Medical Supplies
DPH - Secretarys Office
DPH - Environmental Services (SPN)
DPH - Mental Health amp Social Services
DPH - Medicaid Reimbursement
DPH- CHIP
DPH - Dental Services - Saipan
DPH - General Public Health
DPH - Medical Referral
DPH - Medicaid Administration
DPH -Childrens Development amp Assistance Center
DPH - Transitional Living Center
(J) Department of Public Lands which includes business units
1950 Department of Public Lands
(K) Department of Public Safety which includes business units
1340 DPS - Commissioners Office
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HDl SSI
1 1350
2 1362
3 1365
4 1370
5 1380
6 1390
7 1360
8 1361
DPS - Police - Saipan
DPS - Administrative Div
DPS - Bureau of Motor Vehicles
DPS - Investigative Div
DPS - Fire
D PS - Boating Safety
DPS - Training and Academy
DPS - Criminal Justice Information Systems
(L) Department of Public Works which includes business units
10 1470
11 1471
12 1480
13 1484
14 1485
15 1486
16 1490
DPW - Building Safety Code
DPW - Secretarys Office
DPW - Operations amp Maintenance (SPN)
DPW - Roads and Grounds Div
DPW - Solid Waste Management
DPW - TransAutolHeavy Equipment Div
DPW - Technical Services
(4) First Senatorial District (Rota) which includes the following
18 business units
19 1065
1068
~ 21 1066
111222
1132
Office of the Mayor - Rota
Mayors Contingency Fund
Municipal Council - Rota
DOF - Finance amp Acctg - Rota
DOF - Revenue amp Tax - Rota
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1142 Finance - Procurement - Rota
1152 DOF - Customs - Rota
1232 Historic Preservation - Rota
1272 CCA - Sports amp Recreation- Rota
1282 DOL - Labor - Rota
1312 Commerce - Economic Dev - Rota
1352 DPS - Police - Rota
1353 DPS - Property and Protection Fire
1412 DLNR - Agriculture - Rota
1422 DLNR - Fish amp Wildlife - Rota
1442 DLNR - Parks amp Recreation - Rota
1463 DLNR - Soil amp Water Cons
1468 DLNR - Land Registration amp Survey
1482 DPW - Operations amp Maintenance - Rota
1523 Public Library - Rota
1912 DPH - Public Health - Rota
1957 DPH - Environmental Health - Rota
1989 DPH - Dental Services - Rota
3421 Youth Training
(5) Second Senatorial District (Tinian and Aguiguan) which
includes the following business units
1063 Mayor ofTinian - Office
1067 Mayors Contingency Fund
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
1 1064
2 1111
3 1131
4 1141
5 1151
6 1231
7 1271
8 1281
9 1311
10 1351
11 1411
12 1421
13 1441
14 1462
15 1481
16 1524
17 1906
18 1907
19 1911
20 3420
Municipal Council - Tinian
Finance amp Accounting - Tinian
DOF - Revenue amp Tax - Tinian
DOF - Procurement - Tinian
DOF - Customs - Tinian
CCA - Historic Preservation - Tinian
CCA - Sports amp Rec - Tinian
Labor - Labor - Tinian
Commerce - Economic Dev - Tinian
DPS - Police - Tinian
DLNR - Agriculture - Tinian
DLNR - Fish amp Wildlife - Tinian
DLNR - Parks amp Recreation - Tinian
DLNR - Soil amp Water Cons - Tinian
DPW - Operations amp Maintenance - Tinian
Public Library - Tinian
DPH - Public Health - Tinian
DPH - Dental Services - Tinian
DPH - Environmental Health - Tinian
Youth Training
lt21 (6) Third Senatorial District (Saipan and the Northern Islands)
which includes the following governmental offices
23 1060 Mayor ofNorthern Islands
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
1061 Mayor of Saipan - Mayors Office
1059 Mayors Contingency Account
1062 Saipan and Northern Islands - Municipal Council
(7) All government corporations as defined in 1 CMC sect7103(n)
for which budget authority is herein provided including the following
(A) Commonwealth Development Authority
(B) Commonwealth Ports Authority
(C) Commonwealth Utilities Corporation
(D) Marianas Public Land Trust
(E) Northern Marianas Housing Corporation
(F) Northern Marianas Retirement Fund
(G) Public Utilities Commission
(8) Boards and Commissions which includes the following
business units
1540 Civil Service Commission
1551 Commission on Election
1556 Board of Professional Licensing
(9) Other Programs and Autonomous Agencies which includes the
following business units
1600 Workers Compensation Commission
1601 Governor I Lt Gov Pension
1602 Retirement COLA PL 5-38-39-25
1603 NMIOIC
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
Aetna R -Off amp Ret
(10) Public Corporations which includes the following business
units
1605 Northern Marianas College
3450 NMC - Apprentice Program
1606 Marianas Visitors Authority
1001 Board Of Education
1607 Public School System
(c) Independent programs means government programs under
separate boards established by law (unless receiving appropriations or
budget authority under another heading) specialized general items of
appropriations and those non-profit corporations and associations or
organizations established outside of the Government of the
Commonwealth of the Northern Mariana Islands to which the
Commonwealth Government provides financial assistance including
business units
1592 Joeten-Kiyu Public Library
1515 Public Assistance Program Matching Funds
1623 Judgments Against Government
3661 Commonwealth Museum
New La Fiesta Lease
1549 Council for the Humanities
23 1562 Ayuda Network
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1568 Domestic Violence
1570 National Governors Association
1577 Karidat
1580 Micronesian Legal Services
1591 Utilities - CNMI Government
(d) Local funds means locally generated revenues and revenues
received pursuant to Section 702 (a) of the Covenant
(e) Operations means appropriations for all lawful activities
other than personnel
(f) Personnel means appropriations for salaries employers
contribution to the Northern Marianas Retirement Fund the Defined
Contribution Plan overtime night differential hazardous pay and other
employee wages and benefits
(g) Position or Full-Time Equivalent (FTE) means the
maximum number of persons that may be employed pursuant to Article
X Section 7 of the Commonwealth Constitution but does not include
Workforce Investment Agency substitute teachers summer trainees
teacher aides physicians licensed professional nurses and licensed allied
health providers working part-time and paid only for instructional time
student teacher trainees or short-term specialized instructors such as
visiting artists performers writers and the like For purposes of this
exception part-time means employment not exceeding 40 hours in any
biweekly pay period and short-term meansmiddot not more than 90
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 DD1 SS1
instructional days employment within the Public School System during the
fiscal year
CHAPTER ll ESTIMATED REVENUES
Section 201 Estimated Revenues Pursuant to House Concurrent
Resolution No 17-2 HDl the total estimated revenues and resources approved
and identified for FY 2011 are as follows
L Total identified budgetary resources $149171000
II This amount is subject to the following adjustments
(a) Less revenue transfer to other funds
(1) PL 13-38 Cigarette Excise Tax to Tobacco Control lt1365000gt
(2) 10 Excise Tax Transfer to Solid Waste Revolving Fund lt1585000gt
(3) CIQ reimbursement for airport overtime lt475000gt
(4) 4 CMC Section 1803 (b) NMIRF Hotelcontainer tax per court order
lt1690000gt
(5) 4 CMC Section 1803 (b) MV A hotel container tax earmarking
lt3835000gt
(b) Less debt services previously appropriated
(1) 2003A $40 million bond repayment lt$369000gt
(2) 2007 A refunding bond payment lt$5152500gt
(3) 2007B refunding bond payment lt$2134500gt
(c) Deficit Reduction $
Subtotal lt$16606000gt
(d) Net FY 2011 budgetary resources available for appropriation $132565000
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSt
1 ( e) Department of Public Lands $2820866
2 Grand Total
3 Notwithstanding 1 CMC 7204 funds appropriated for FY2011 shall be
4 allotted monthly
5 Section 202 Suspension of Earmarked Funds Except for debt service
6 obligations and other earmarking of funds as permitted in Section 201 of this
7 Chapter the earmarking reservation commitment allotment or allocation of
8 funds pursuant to the following public laws are hereby suspended for Fiscal Year
9 2011
10 (a) Public Laws 15-5 and 14-54 (Non-resident Worker Fund Fees
11 to NMC and PSS and 10 of Gaming Jackpot Tax to PSS) and
12 (b) 4 CMC sect 1508(a) and (b) (10 of General Fund poker fees to
13 the Human Resources Development Fund [WIA] and 50 to the
14 Retirement Fund)
15 CHAPTER III
16 GOVERNMENT CORPORATIONS AND DESIGNATED
17 AGENCIESACTIVITIES
18 Section 301 Appropriation and Budget Authority Pursuant to 1 CMC sect
19 7206 and as provided herein budget and expenditure authority for the following
20 activities is hereby approved Expenditures in excess of the budget authority
21 approved herein for agencies to which public funds are appropriated shall not be
22 incurred or committed and hiring in excess of FTE ceilings is prohibited unless
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HDl SSI
1 authorized by a legislative joint resolution in accordance with Section 7 Article X
2 of the NMI Constitution
3 ACTIVITIES FTE OPERATIONS TOTAL
4 (a) Commonwealth Development Authority 27 758386 452691 1211077
5 (b) Commonwealth Ports Authority no submittal
6 (c) CNMI Govt Health amp Life Ins --------------------Privatized ------------------shy
7 (d) Commonwealth Utilities Corporation no submittal
8 (e) NM Housing Corporation 24 1110989 1113108 2224097
9 (f) NMI Ret Fund 27 1353669 76659330 78012999
10 (g) Office ofthe Public Auditor 30 1818525 755700 2574225
11 (h) Public Utilities Commission 55553 137550 193103
12 Grand Total 109 $520972122 $7921182379 8422152501
13 Notwithstanding the above dollar amounts the entities above shall expend only
14 the lesser of funds actually generated collected or received or the amounts
15 indicated above
16 Section 302 Prior Certification of Funds
17 No person shall be employed or enter into contractual relationship with the
18 Commonwealth or any government entity therein without first receiving from the
19 Secretary of the Department of Finance certification that lawful and sufficient
20 funds for the purpose are available For purposes of this section professional
21 services shall include but not be limited to services provided by engineers
22 accountants physicians lawyers and other similar professionals
23 Section 303 Reporting Requirement The expenditure authorities of the
24 foregoing activities listed in Section 301 shall submit to the presiding officers of
25 the legislature at the end of each quarter an itemized report on the expenditures
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PUBLIC LAW NO 17-21
HOUSE BILL t7~t23 HDt SSt
for personnel and operations of each government entity and the payments of the
public auditors fee for the quarter ended and if applicable year~to-date totals as
of the close of the reporting period
CHAPTERIV ADMINISTRATION OF APPROPRIATED FUNDS
Section 401 Management of Funds
The expenditure of the funds appropriated and allocated under this Act
shall be regulated and controlled by the Secretary of Finance so that no agency
department instrumentality program or activity may expend the funds contrary
to the law or fiscal management policies and practices of the Commonwealth
Provided further that in addition to the report required under 1 CMC sect7209 the
Secretary ofFinance shall submit at the end of each quarter an itemized report on
the expenditures for personnel and operations of each business unit funded in
whole or in part by the General Fund for the quarter ended and if applicable
year-to-date totals as of the close of the reporting period
Section 402 Notwithstanding 1 CMC sect 7204 without prior legislative
approval consultation and concurrence no funds appropriated in this Act shall be
reduced or reprogrammed by the Governor except as provided herein
Section 403 FTE Ceiling
(a) Employment Ceilings Pursuant to Article X sect 7 of the
Commonwealth Constitution the employment ceilings are hereby established as
21 set forth herein
Section 404 Expenditure Authority 22
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SS1
(a) The distribution and expenditure of funds shall be in compliance with
the fiscal expenditure authority the listed agencies have pursuant to statute and the
administrative provisions of this Act as set forth herein
(b) Except as provided in this Act the funds appropriated pursuant to this
Act shall be expended by the respective expenditure authority pursuant to 1 CMC
sectsect 7401 and 7503
(c) For the Ground Water Management and Protection Act Fund
expenditure authority is vested in the Director of the Division of Environmental
Quality
(d) For all government agencies receiving appropriated funds for
personnel or staff housing administrative and expenditure authority over housing
and accompanying funds including but not limited to approval of lease
agreements is vested in the appropriate agency officials designated by law as
having expenditure authority
(e) For the Domestic Violence Task Force expenditure authority is vested
in the Family Violence Task Force chairperson with concurrence of the Family
Violence Task Force coordinator
(f) For Crime Stoppers International the chairperson of the board of the
directors shall be the expenditure authority
(g) For Independent Programs unless otherwise provided in this Act or in
any other provision of law expenditure authority shall be vested in the Secretary
ofFinance
23 CHAPTER V REPROGRAMMING AUTHORITY
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 lID1 SSI
Section 501 Reprogramming Authority
2 (a) Unless otherwise specified in this act authority to reprogram
3 appropriated funds shall be as provided under I CMC sectsect 7402 and 7504
4 (b) Provided however 1 CMC sectsect 7402 (b) is hereby suspended for the
5 period of this Act Governor shall have 100 reprogramming authority on funds
6 appropriated under Section 704 of this Act
7 (c) Notwithstanding any law to the contrary the Governors authority to
8 reprogram funds under this section shall include the authority to reprogram funds
9 available to all public corporations agencies and entities of the Commonwealth
10 Government upon approval by joint approval ofthe legislature provided that such
11 funds are not restricted from reprogramming by federal law federal grant
12 conditions Commonwealth constitutional prohibitions and deposit and other
13 security restrictions related to bond covenants and the financing of public
14 projects
15 CHAPTER VI SUPPLEMENTAL ADMINISTRATIVE PROVISIONS
16 Section 601 Utilities The amount of $7539509 included in the
17 Independent Programs shall be appropriated for the payment of utilities for the
18 branches departments and agencies of the Commonwealth government except
19 the business units listed in Section 103(b)(7) and the Public School System and
20 the Northern Marianas College
-21 Section 602 Hiring Restriction
22 (a) As long as work hours and wages are reduced no vacancies shall be
23 filled except for critical and emergency positions provided that until a law is
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
passed defining critical and emergency positions said critical and emergency
2 positions must be approved by joint approval of the legislature
3 (b) In order to reduce the size of the Government except for the Public
4 School System the Northern Marianas College and health care professionals of
5 the Department of Public Health and Environmental Services any FTE (full-time
6 equivalent) that becomes vacant shall be eliminated The renewal of the contract
7 for an existing employee shall not be considered creating a vacant position If a
8 new position or vacant position is necessary to be filled to protect the health
9 safety and welfare of the public the expenditure authority may request the
10 Legislature to establish a new FTE by joint resolution The appropriations set
11 forth in Section 704 are contingent on this section remaining in this Appropriation
12 Act
13 Section 603 Litigation Expenditures Restricted
14 Except for the governor the attorney general the chief justice of the
15 Commonwealth supreme court presiding officers of the legislature mayors and
16 municipal councils and notwithstanding any law to the contrary no agency
17 expenditure authority may use any part of their appropriations in connection with
18 prosecuting a legal matter against another agency unless authorized by the chief
19 justice in the case of agencies within the judicial branch the governor in the case
20 of agencies within the executive branch and the presiding officers in the case of
21 agencies within the legislative branch and mayors in the case of agencies under
22 their authority The terms agency and agencies as used in this section shall be
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HDl SSI
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1 liberally construed to include all instrumentalities and subdivisions of the
2 Commonwealth Government
Section 604 Public Auditors Fee
The Public Auditors Fee is 1 (one percent) of the total appropriations
for each instrumentality department agency corporation and budget activity of
the CNMI Government Notwithstanding any other provision of law any lapsed
funds from the Office of Public Auditor shall be applied to CNMI deficit
reduction only Agencies that are not funded by the general fund listed in section
301 (a)-(h) shall remit their respective fee on a monthly basis to the Department
ofFinance
Section 605 Legal Holidays
(a) The following laws and regulations providing for payment of legal
holidays are repealed during fiscal year 2011
1 CMC sect312 and sect313
Title 10 NMIAC sect10-lO-135G) (Excepted Service)
Title 10 NMIAC sectlO-202-346 (Civil Service Executive Branch)
Title lO NMIAC sect lO-30-344 (Civil Service Judicial Branch)
Title 40 NMIAC sect40-40-425 (Commonwealth Ports Authority)
Title 60 NMIAC sect60-301-444 (Public School System)
Title 100 NMIAC sect 100-50-430 (Northern Marianas Housing
Corporation)
Title 120 NMIAC sect120-lO-230 (Excepted Service) and
Title 130 NMIAC 130-20-330 (Office of the Public Auditor)
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HDl SSI
1 (b) Any employee required to work on a legal holiday shall be paid hislher
2 regular salary
3 (c) From the legal holidays listed in 1 CMC sect311 the Governor may
4 select one or more legal holidays for fiscal year 2011 for which employees shall
5 receive leave with pay
6 (d) Although leave with pay is not required for legal holidays during
7 Fiscal Year 2011 expenditure authorities may grant leave with pay for their
8 employees if they have available funds in their personnel account
9 CHAPTER VII APPROPRIATIONS
10 Section 701 In General
11 (a) Funds designated in Chapter II as available for appropriation for FY 2011
12 are hereby appropriated pursuant to this Chapter
13 (b) A business units FTE ceiling shall be established in this Chapter No
14 business unit shall exceed its FTE ceiling unless authorized by this Act or joint
15 resolution of the legislature
16 (c) Reduction in the Level of Appropriations In order to provide expenditure
17 authorities with flexibility in determining the allocation of funding for their operations
18 expenditure authorities must reduce their expenditures to achieve the level of
19 appropriation under this Act
20 Expenditure authorities may reduce previous levels ofexpenditure by
21 (1) A reduction in work hours
22 (2) A reduction in wages
23 (3) Furlough
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
1 (4) A reduction in force
2 (5) A reduction in expenditures for all others or
3 (6) A combination of reductions under subsections (1) through (5)
4 (d) The reduction in work hours shall not exceed 16 hours per bi-weekly pay
5 period If sufficient additional resources are not identified during the first quarter of
6 FY 2011 to allow an increase in work hours the reduction in work hours may be
7 continued
8 (e) Suspension of Restrictions on Reprogramming To provide for the
9 reprogramming between personnel and non-personnel accounts 1 CMC sect7402(c) is
10 suspended for the period that this Act is in effect
11 (f) Provided however that during the period of this Act no funds shall be I I
12 reprogrammed from non-personnel accounts to personnel accounts to increase any
13 salaries from its current level
14 Section 702 Judicial Branch
15 (a) There is hereby appropriated the following amounts to fund the personnel
16 and non-personnel expenses as listed below of the Judicial branch
17 FTE PERSONNEL OPERATIONS TOTAL
18 Supreme Court 11 792333 3639 795972
19 Superior Court 45 1714552 160961 1875513
20 Administration 13 295435 217240 512675
21 Law Revision Comm 5 132442 6245 138687
22 TOTAL 74 $2934762 $388085 $3322847
23 Section 703 Legislative Branch
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
1 (a) In accordance with Article II sect16(b) and (c) of the NMI Constitution as
2 amended by Legislative Initiative 10-8 the following amounts are hereby appropriated
3 to fund the personnel retirement contribution and non-personnel expenses as listed
4 below of the Legislative branch
5 FTE PERSONNEL OPERATIONS TOTAL
6 House Members Salary 20 954597 954597
7 House Members Allocation 100 1700000 1700000
8 House Leadership Allocation 138000 138000
9 Senate 9 431141 431141
10 Senate Members Allocation 45 765000 765000
11 Senate Leadership Allocation 138000 138000
12 Legislative Bureau 28 1274764 167000 1441764
13 CNMI Youth Congress 1 21167 20000 41167
14 TOTAL 203 $2681669 $2928000 $5609669
15 (b) Salaries of Legislative Members
16 (1) The amount appropriated under this section to the House of
17 Representatives under personnel shall be used to fund the salaries and
18 benefits of the members of the House of Representatives The expenditure
19 authority for the amounts appropriated shall be the Secretary of Finance
20 (2) The amount appropriated under this section to the Senate under
21 personnel shall be used to fund the salaries and benefits of the members of the
22 Senate The expenditure authority for the amounts appropriated shall be the
23 Secretary of Finance
24 (c) House Members Office Accounts and Employees
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
(1) The Department of Finance shall establish and assign a number to a
new business unit account entitled House Members Office Accounts for the
appropriation for House Members Allocation Another new business unit
account entitled Senate Members Office Accounts for the appropriation for
Senate Members Allocation Under each of these said accounts an equal
amount of the appropriation shall be allocated to subaccount further established
thereunder for each member of the respective house for the operations of the
members office as permitted under section 16 of article II of the CNMI
Constitution applicable laws and the rules of the legislative body to which the
member was elected
(2) Notwithstanding 1 CMC sect7401(c) to the contrary each member
shall be the expenditure authority of the funds allocated to their individual sub-
account
(3) Funds allocated for the operation of the members office including
but not limited to the personnel costs of the members employees and
expenditures as authorized by the adopted rules of the Senate in the case of the
Senate member or the adopted rules ofthe House of Representatives in the case
of a House member such as a monthly stipend to defray travel and incidental
expenses for the purpose of attending to legislative business outside the
members senatorial district
(4) Allocation ofFTEs among House members shall be governed by the
rules of the House
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
(5) Allocation of FTEs among Senate members shall be governed by
the rules of the Senate
(d) Senate and House Leadership Accounts
(1) The Department of Finance shall establish and assign a number to
two new business unit accounts one entitled House Leadership Account for
the appropriation in the amount of $138000 under All Others and another
new business unit account entitled Senate Leadership Account for the
appropriation in the amount of $138000 under All Others
(2) The presiding officer of each respective house or his lawfully
authorized designee shall be the expenditure authority and shall use such funds
to support the operations and activities of the House of Representatives and
Senate in accordance with its rules provided that the presiding officer
distributes a portion of the total appropriation in equal amounts to all the
standing committees for their operations and activities
(e) Legislative Bureau The expenditure authority of the funds appropriated for
the Legislative Bureau shall be the Director of the Legislative Bureau or his or her
lawfully authorized designee
(f) Northern Marianas Youth Congress The expenditure authority is vested in
the Director of the Legislative Bureau with the consultation of the Speaker of the
Northern Mariana Islands Youth Congress
Section 704 Executive Branch
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SS1
1 There are hereby appropriated the following amounts to fund the personnel and
2 non-personnel expenses of the offices programs and activities of the Executive Branch
3 as listed below
4 FTE PERSONNEL OPERATIONS TOTAL
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
21
22
23
24
25
26
27
28
29 30 i31
Office ofGov
Attorney General
Commerce
Comm amp Cult Affairs
Corrections
Finance
Labor
Lands amp Natural Res
Public Health
Public Safety
Public Works
Total
140
42
32
88
96
163
44
98
485
258
129
1575 $45120729 $14184384 $59305113
Section 705 First Senatorial District Rota
(a) There is hereby appropriated the following amounts to fund the personnel
and non-personnel expenses as listed below of the First Senatorial District
Mayor
Municipal Coun
Commerce (econ Dev)
CampCA
Police (DPS)
Fire
Finance amp Actg
Revenue amp Tax
Customs
Procurement amp Supply
Labor
FTE PERSONNEL OPERATIONS
99
11
8
10
34
12
3
3
6
2
7
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
1 Agriculture 20
2 Historic Preservation 4
3 Lands Regisamp Survey 6
4 Fish amp Wildlife 5
5 Parks amp Recreation 4
6 Soil amp Water Consv
7 Rota Health Center 51
8 Dental Services 4
9 DPH Med Referral 5
10 Environmental Health 2
11 Public Works 23
12 Total 320 $5677593 $576487 $6256080
13 (b) The Rota Legislative Delegation shall determine by Local Delegation
14 Resolution the allocation of the funds appropriated for the First Senatorial District
15 (c) Except as provided in this section the Mayor ofRota shall have authority to
16 expend obligate encumber or otherwise commit the funds appropriated to the First
17 Senatorial District Notwithstanding any law to the contrary the Mayor of Rota shall
18 have 100 reprogramming authority of the funds appropriated in this Act
19 Appropriations to the Municipal Council shall be divided and distributed equally to
20 each member of the Municipal Council Each Municipal Council member shall be the
21 expenditure authority of funds distributed to himher Additionally in accord with the
22 Superior Courts decision in the case of Inos v Tenorio the Mayors shall also have
23 expenditure authority over resident government departments in the First and Second
24 senatorial districts respectively unless the Governor revokes expenditure authority in a
25 manner consistent with the Superior Courts holding in Inos v Tenorio to wit
26 expenditure authority over resident departments that are primarily concerned with the
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
delivery of public services can be revoked only on a prior showing of just cause but
the Governor has discretion to revoke expenditure authority over those departments
that are primarily concerned with enforcing the law
(c) Rota Health Center Three hundred forty thousand ($34000000) from the
First Senatorial Districts budget appropriation is hereby allocated to pay for
professional services for nurses technicians and other medical and auxiliary
professionals as needed including one mental health counselor in the amount of Thirty
Three Thousand Dollars ($3300000)
(d) DPS Cadets One hundred seven thousand seven hundred eighty
($10778000) from the First Senatorial Districts budget appropriation is hereby
allocated for five (5) Full Time Equivalents (FTEs) for the Rota Department of Public
Safety of the total 329 FTEs to fully fund the five (5) 2010 DPS Academy graduates
from the First District who shall be placed as FTEs within the Rota Department of
Public Safety Any shortfall for overtime retirement or benefits shall be borne by the
municipality
(e) Dentist Seventy-seven thousand two hundred dollars ($77200) from the
First Senatorial Districts budget appropriation is hereby allocated for one (1) Full
Time Equivalent (FTE) to hire a dentist
Section 706 Second Senatorial District - Tinian amp Aguiguan
(a) There is hereby appropriated the following amounts to fund the personnel
and non-personnel expenses of the Second Senatorial District as listed below
FTE PERSONNEL OPERATIONS TOTAL
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SS1
Mayor 112
Municipal Council 3
Commerce (econo dev) 4
Historic Preservation 2
CampCA 3
Customs 3
Finance amp Acctg 2
Procurement amp Supply 2
Revenue amp Tax
Labor 8
Agriculture 15
Fish amp Wildlife 2
Parks amp Recreation 5
Environmental Health 4
Dental Services 3
Tinian Health Center 49
Police (DPS) 45
Public Works ~
Total 268 $5179361 $1076719
20 (b) The Tinian and Aguiguan Legislative Delegation shall determine by Local
21 Delegation Resolution the allocation of the funds appropriated for the Second
22 Senatorial District
23 (c) The Mayor and the Chairperson of the Municipal Council shall have the
24 expenditure authority for appropriations for their respective offices except as provided
25 below Notwithstanding any law to the contrary the Mayor of Tinian amp Aguiguan shall
26 have 100 reprogramming authority of the funds appropriated in this Act Each
27 Municipal Council member shall allocate and provide for the expenditure of the funds
28 appropriated to the Council in accordance with the Official Rules of the Council
29 Additionally in accord with the Superior Courts decision in the case of Inos v
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 lID1 SS1
Tenorio the Mayors shall also have expenditure authority over resident government
2 departments in the First and Second senatorial districts respectively unless the
3 Governor revokes expenditure authority in a manner consistent with the Superior
4 Courts holding in Inos v Tenorio to wit expenditure authority over resident
5 departments that are primarily concerned with the delivery of public services can be
6 revoked only on a prior showing of just cause but the Governor has discretion to
7 revoke expenditure authority over those departments that are primarily concerned with
8 enforcing the law
9 (d) Tinian Health Center Four hundred twenty seven thousand seven hundred
10 twenty seven and eighty one ($42772781) from the Second Senatorial Districts
11 budget appropriation is hereby allocated to pay for the direct hiring of nurses ancillary
12 staff and other needed administrative adjustments on personnel matters
13 (e) Tinian Municipal Council One hundred twenty three thousand four
14 hundred three ($123403) All Others appropriation of the Municipal Council is
15 hereby allocated as follows (1) $15000 for office rental and administrative purposes
16 and (2) $108403 for community projects and other functions ofwhich $75000 shall be
17 allocated to the chairman and the remaining balance shall be divided equally among the
18 other two members who shall be the expenditure authority of such funds
19 (f) Tinian Commerce Thirty eight thousand one hundred forty one ($38141)
20 is hereby allocated under AU Others for operations and office supplies
Section707 Third Senatorial District - Mayor ofSaipan Mayor of the Northern
Islands and Saipan and Northern Islands Municipal Council
PUBLIC LAW NO 17-21 HOUSE BILL l7~l23 HDl SSl
1 (a) There is hereby appropriated the following amounts to fund the personnel
2 and non-personnel expenses of the municipal governments of Saipan and the Northern
3 Islands as listed below
4 FTE PERSONNEL OPERATIONS TOTAL
5 Saipan Mayor 48 $875509 $248240 $1123257 6 NI Mayor 11 $192849 $86716 $279565
7 Saipan Mun Council 1 $34076 $27447 $61523
8 Total 60 $1102434 $362411 $1464845
9 (b) The Mayor of Saipan the Mayor of the Northern Islands and the
10 Chairperson of the Municipal Council for Saipan and the Northern Islands shall be the
11 expenditure authority for appropriations for their respective offices Notwithstanding
12 any law to the contrary the Mayors of Saipan and the Northern Islands respectively
13 shall have 100 reprogramming authority of the funds appropriated in this Act
14 Section 708 Autonomous Agencies
15 (a) There is hereby appropriated the following amounts to fund the following
16 autonomous agencies as listed below
17 FTE PERSONNEL OPERATIONS TOTAL
18 NMC 160 $4099229 $364235 $4464464
MVA 36 $832531 $1780496 $2611027
ajlst amp and SeRaterl Dist $369999 $36886611gtfif~tll~fu0 PSS ll13 $28521990 $2617529 $31140519f-AP( 21
22 BOE 2 $1372685 $26643 ~164~28
23 Total 1312 $33591435 $5148903 $38740338
24 (b) Northern Marianas College
25 (1) The president of the Northern Marianas College shall be the
26 expenditure authority of the appropriated funds
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
pfiuv~I tys
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(c) Marianas Visitors Authority
(1) The chairman of the Board of Directors of the Marianas Visitors
Authority shall be the expenditure authority ofthe appropriated funds
(2) Tlnee hundted sixty thousand ($360000) of the All OthelS
appropriation ofth Malianas Visitors Burau sball allocatd as follows
(i) One httndred 1vveftty thousRJJd ($120000) to susidiZle the
eftartef flights from Japan to Rota under the eKpndinY=e authority of the
Cbairman oftbe Marianas Visitors AQtborityen
(ii) One bll1dred Pyenellty tbollSaad ($120000) to promote and
market Tinian as a tourist destinatioR under the expenditure ffitthority of
the Chairman of the Mwianas Visitors Authoriry ctnd
(iii) 000 hundred tlJlnty thousand ($120000) to pay the
outstandiag KllT aGGount for completed Gbafter flights from Japan to
RotH under the expenditUfe authority of the Chairman of the Marianas
Visitor s 1AzYtbor~[
(d) Public School System
(1) The expenditure authority shall be the Commissioner of Education
or hislher designee
(2) No part of funds appropriated to BU 1607 the Public School
System shall be used to pay for any expense including but not limited to travel
or reimbursement of the Board of Education its board members and staff
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SS1
1 (e) Board of Education The chairperson of the Board of Education shall be the
2 expenditure authority of the appropriated funds
3 Section 709 Boards and Commissions
4 (a) There is hereby appropriated the following amounts to fund the following
5 boards and commissions as listed below
FTE PERSONNEL OPERATIONS
BPL
Civil Servo Comm
Election Comm
Total
3
4
1 14
$88732
$164803
$1762806
$430341
$13264
$2183
$932819
$109266
11 Section 710 Independent Programs
12 There is hereby appropriated the following amounts to fund the following
13 independent programs and activities as listed below
14 FTE PERSONNEL OPERATIONS TOTAL
15 Ayuda Network 18417 18417
16 Commonwealth Museum 4 96395 40140 136535
17 Domestic Violence 36834 36834
18 Humanities Council 4604 4604
19 JoetenlKiyu Public Library 7 128933 39674 168607
20 Marianas Bound - Karidat 54147 54147
21 Micronesian Legal Legal Services - 18417 18417
22 Nat Govs Assoc 40518 40518
23 Public Assis Program 17577 17577
24 Govt Utilities 7539509 7539509
25 Judgment 76258 76258
26 La Fiesta Lease 200000 200000
27 Aetna R-Off amp Ret -- 1463483 0 1463483
28 Total 11 1688811 8492643 10181454
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5
6
7
8
9
10
11
12
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
(a) Joeten-Kiyu Public Library The expenditure authority shall be the
chairperson of the Commonwealth Library Council
(b) Public Assistance - Matching Funds The expenditure authority shall be
the Governor or his designee
(c) Judgments against the Government The expenditure authority shall be the
Secretary of Finance in consultation with the Attorney General
(d) Commonwealth Museum The chairperson of the Board of Governors of
the Commonwealth Museum or hislher designee shall be the expenditure authority
(e) Ayuda Network The expenditure authority shall be the chairperson of the
board of directors
(f) KARlDAT The executive director of Marianas Bound (KARlDAT) shall
be the expenditure authority
(g) Micronesian Legal Services The executive director of the Micronesian
Legal Services Corporation shall be the expenditure authority
(h) For programs and activities not specifically mentioned the expenditure
authority shall be the Secretary of Finance
Section 711 Other Programs
(a) There is hereby appropriated the following amounts to the following other
programs as listed below
FTE PERSONNEL OPERATIONS TOTAL
22
23
NMIOICC
Ret Pension GovLtGov
Ret PL5-3 (COLA)
1 $27476
$147506
o o
413276
$27476
$147506
$413276
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
1 Workers Comp Comm ~ $121061 129648 $250709
2 Total 6 $297751 $541216 $838967
3 Section 712 Department of Public Lands
4 (a) Pursuant to Section 103 of Public Law 15-2 $2820886 is appropriated to
5 the Department of Public Lands as follows
6 Personnel $1765104
7 Operations $1055782
8 Total $2820886
9 FTE Ceiling 65
10 No funds received or collected by or remitted to the Department of Public Lands
11 pursuant to Public Law 15-2 that are in excess of the amount appropriated in this
12 section may be reprogrammed or expended absent legislative appropriation or in
13 violation of the Constitution
14 Section 713 Reporting Requirements The expenditure authorities of the
15 foregoing activities listed in Chapter VII shall submit to the presiding officers of the
16 legislature at the end of each quarter an itemized report on the expenditures for
17 personnel and operations of each government entity and the payments of the public
18 auditors fee for the quarter ended and if applicable year-to-date totals as of the close
19 of the reporting period
20 Section 714 Compact Impact Funds
middot21 Compact Impact funds shall be used III accordance with the terms and
22 conditions set forth in the Grant Agreement and shall be used to defray qualified
23 expenses for the following activities
24 (a) Office of Public Defender $ 37151
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HDt SSI
1 (b) Dept of Community amp Cultural Affairs
2 (c) Dept of Corrections
3 (d) Dept of Public Health
4 (e) Department of Public Safety
5 Total
6 Section 715 Outside Sources
$ 44616
$ 154698
$ 536744
$ 1157234
$1930443
7 (a) Notwithstanding any law to the contrary the Governor is authorized to
8 transfer qualified operational expenses to available and unencumbered outside general
9 fund accounts not to exceed $3500000 which are hereby appropriated to pay for such
10 expenses
11 CHAPTER VIII GENERAL PROVISIONS
12 Section 801 Severability If any provision of this Act or its application to any
13 person or circumstance is held invalid the invalidity does not affect other provisions
14 or applications of the Act which can be given effect without the invalid provision or
middot15 applications and to this end the provisions ofthis Act are severable
16 Section 802 Savings Clause This Act and any repealer contained herein shall
middot17 not be construed as affecting any existing right acquired under contract or acquired
18 under statutes repealed or under any rule regulation or order adopted under the statutes
middot19 Repealers contained in this Act shall not affect any proceeding instituted under or
ao pursuant to prior law The enactment of this Act shall not have the effect of terminating
21 or in any way modifying any liability civil or criminal which shall already be in
22 existence at the date this Act becomes effective
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HDl SSI
1 Section 803 Effective Date This Act shall become law upon its approval by the
2 Governor or it becoming law without such approvaL
House Clerk
Certiiedby ~~f OILAN C ORiOSPEAKER
this
Governor
2010
Commonwealth ofthe Northern Mariana Islands
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PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SS1
(b) Government of the Commonwealth of the Northern Mariana Islands
includes
(1) Legislative Branch which includes the following business
units
1722 House ofRepresentative Salaries
New House Member Account amp Employees
New House Leadership Account
1770 Legislative Bureau
1799 Retirement Fund Contribution
1593 Youth Congress
1762 Senator Salaries
New Senate Members Account amp Employees
New Senate Leadership Account
(2) Judicial Branch which includes the following
1690 Superior Court
1691 Supreme Court
1692 Law Revision Commission
1694 Judicial Administration
(3) Executive Branch which includes the following departments
and offices
(A) Offices of the Governor which includes business
units
1011 Office of the Governor
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PUBLIC LAW NO 17-21
HOUSE BILL 17-123 IIDI SSI
1021 Governors Discretionary Account
1050 Lt Governors Office
1051 Lt Governors Discretionary Account
1014 Management and Budget
1016 Administrative Services
1017 Governors Press Secretary
1018 Programs and Legislation
1019 Emergency Management Office
1020 Youth Affairs
1023 Board ofParole
1026 Personnel Management
1027 Personnel Management - Tinian
1028 Personnel Management - Rota
1033 Scholarship Fund
1190 Public Defender
1201 Carolinian Affairs
1202 Indigenous Affairs
1251 Veterans Affairs
1260 Womens Affairs
1492 DEQ Environmental Protection
1493 DEQ Litter Control
1494 DEQ - Tinian
1495 DEQ - Rota
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PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
1496 DEQ Groundwater Protection
1555 Zoning
350111583 WIA
1584 CJPA
1915 Vocational Rehabilitation
(B) Office ofthe Attorney General which includes business units
1170 Attorney Generals Office
1185 AGO Consumer Counsel
1187 AGO - Investigations
1188 AGO - Special Investigations
(C) Department of Community and Cultural Affairs which
includes business units
1200 CCA - Secretarys Office
1220 CCA - DivYouth Services
1223 CCA - Child Care Licensing Program
1230 CCA - Historic Preservation
1240 CCA - Office on Aging
1250 CCA - Council for Arts amp Culture
1252 CCA - LIHEAP
1270 CCA - Sports amp Recreation
1557 ChamorroCarolinian Language Commission
(D) Department of Commerce which includes business units
1300 Commerce - Secretarys Office
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HDl SSI
1310 Commerce - Economic Dev
1331 Commerce - Central Statistics
1332 Commerce - ABTC
1333 Commerce - Enforcement
(E) Department of Corrections which includes business units
1335 Department ofCorrections
(F) Department of Finance which includes business units
1100 DOF - Secretarys Office
1110 DOF Finance and Accounting SPN
1120 DOF Treasury
1130 DOF Revenue and Taxation - Saipan
1140 DOF Procurement -Saipan
1150 DOF Customs - Saipan
1160 DOF Electronic Data Processing
(G) Department ofLabor which includes business units
1275 Labor - Secretarys Office
1280 Labor - Labor
1283 Administrative Hearing Office
1330 Labor - Employment Services
3430 Labor - Enforcement Fund
(H) Department of Lands and Natural Resources which includes
business units
1400 DLNR - Secretarys Office
6
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
1 1410
2 1420
3 1440
4 1461
5 1467
DLNR - Agriculture - Saipan
DLNR - Fish amp Wildlife - Saipan
DLNR - Parks amp Grounds
DLNR - Soil amp Water (SPN amp NI)
DLNR - Land Registration amp Survey
(I) Department of Public Health which includes business units
7 1804
8 1878
9 1901
1905
1925
1951
1952
1970
1976
1979
1980
1983
1984
DPH - Commonwealth Health Center
DPH - Medical Supplies
DPH - Secretarys Office
DPH - Environmental Services (SPN)
DPH - Mental Health amp Social Services
DPH - Medicaid Reimbursement
DPH- CHIP
DPH - Dental Services - Saipan
DPH - General Public Health
DPH - Medical Referral
DPH - Medicaid Administration
DPH -Childrens Development amp Assistance Center
DPH - Transitional Living Center
(J) Department of Public Lands which includes business units
1950 Department of Public Lands
(K) Department of Public Safety which includes business units
1340 DPS - Commissioners Office
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17
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HDl SSI
1 1350
2 1362
3 1365
4 1370
5 1380
6 1390
7 1360
8 1361
DPS - Police - Saipan
DPS - Administrative Div
DPS - Bureau of Motor Vehicles
DPS - Investigative Div
DPS - Fire
D PS - Boating Safety
DPS - Training and Academy
DPS - Criminal Justice Information Systems
(L) Department of Public Works which includes business units
10 1470
11 1471
12 1480
13 1484
14 1485
15 1486
16 1490
DPW - Building Safety Code
DPW - Secretarys Office
DPW - Operations amp Maintenance (SPN)
DPW - Roads and Grounds Div
DPW - Solid Waste Management
DPW - TransAutolHeavy Equipment Div
DPW - Technical Services
(4) First Senatorial District (Rota) which includes the following
18 business units
19 1065
1068
~ 21 1066
111222
1132
Office of the Mayor - Rota
Mayors Contingency Fund
Municipal Council - Rota
DOF - Finance amp Acctg - Rota
DOF - Revenue amp Tax - Rota
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PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HDl SSI
1142 Finance - Procurement - Rota
1152 DOF - Customs - Rota
1232 Historic Preservation - Rota
1272 CCA - Sports amp Recreation- Rota
1282 DOL - Labor - Rota
1312 Commerce - Economic Dev - Rota
1352 DPS - Police - Rota
1353 DPS - Property and Protection Fire
1412 DLNR - Agriculture - Rota
1422 DLNR - Fish amp Wildlife - Rota
1442 DLNR - Parks amp Recreation - Rota
1463 DLNR - Soil amp Water Cons
1468 DLNR - Land Registration amp Survey
1482 DPW - Operations amp Maintenance - Rota
1523 Public Library - Rota
1912 DPH - Public Health - Rota
1957 DPH - Environmental Health - Rota
1989 DPH - Dental Services - Rota
3421 Youth Training
(5) Second Senatorial District (Tinian and Aguiguan) which
includes the following business units
1063 Mayor ofTinian - Office
1067 Mayors Contingency Fund
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
1 1064
2 1111
3 1131
4 1141
5 1151
6 1231
7 1271
8 1281
9 1311
10 1351
11 1411
12 1421
13 1441
14 1462
15 1481
16 1524
17 1906
18 1907
19 1911
20 3420
Municipal Council - Tinian
Finance amp Accounting - Tinian
DOF - Revenue amp Tax - Tinian
DOF - Procurement - Tinian
DOF - Customs - Tinian
CCA - Historic Preservation - Tinian
CCA - Sports amp Rec - Tinian
Labor - Labor - Tinian
Commerce - Economic Dev - Tinian
DPS - Police - Tinian
DLNR - Agriculture - Tinian
DLNR - Fish amp Wildlife - Tinian
DLNR - Parks amp Recreation - Tinian
DLNR - Soil amp Water Cons - Tinian
DPW - Operations amp Maintenance - Tinian
Public Library - Tinian
DPH - Public Health - Tinian
DPH - Dental Services - Tinian
DPH - Environmental Health - Tinian
Youth Training
lt21 (6) Third Senatorial District (Saipan and the Northern Islands)
which includes the following governmental offices
23 1060 Mayor ofNorthern Islands
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
1061 Mayor of Saipan - Mayors Office
1059 Mayors Contingency Account
1062 Saipan and Northern Islands - Municipal Council
(7) All government corporations as defined in 1 CMC sect7103(n)
for which budget authority is herein provided including the following
(A) Commonwealth Development Authority
(B) Commonwealth Ports Authority
(C) Commonwealth Utilities Corporation
(D) Marianas Public Land Trust
(E) Northern Marianas Housing Corporation
(F) Northern Marianas Retirement Fund
(G) Public Utilities Commission
(8) Boards and Commissions which includes the following
business units
1540 Civil Service Commission
1551 Commission on Election
1556 Board of Professional Licensing
(9) Other Programs and Autonomous Agencies which includes the
following business units
1600 Workers Compensation Commission
1601 Governor I Lt Gov Pension
1602 Retirement COLA PL 5-38-39-25
1603 NMIOIC
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
Aetna R -Off amp Ret
(10) Public Corporations which includes the following business
units
1605 Northern Marianas College
3450 NMC - Apprentice Program
1606 Marianas Visitors Authority
1001 Board Of Education
1607 Public School System
(c) Independent programs means government programs under
separate boards established by law (unless receiving appropriations or
budget authority under another heading) specialized general items of
appropriations and those non-profit corporations and associations or
organizations established outside of the Government of the
Commonwealth of the Northern Mariana Islands to which the
Commonwealth Government provides financial assistance including
business units
1592 Joeten-Kiyu Public Library
1515 Public Assistance Program Matching Funds
1623 Judgments Against Government
3661 Commonwealth Museum
New La Fiesta Lease
1549 Council for the Humanities
23 1562 Ayuda Network
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
1568 Domestic Violence
1570 National Governors Association
1577 Karidat
1580 Micronesian Legal Services
1591 Utilities - CNMI Government
(d) Local funds means locally generated revenues and revenues
received pursuant to Section 702 (a) of the Covenant
(e) Operations means appropriations for all lawful activities
other than personnel
(f) Personnel means appropriations for salaries employers
contribution to the Northern Marianas Retirement Fund the Defined
Contribution Plan overtime night differential hazardous pay and other
employee wages and benefits
(g) Position or Full-Time Equivalent (FTE) means the
maximum number of persons that may be employed pursuant to Article
X Section 7 of the Commonwealth Constitution but does not include
Workforce Investment Agency substitute teachers summer trainees
teacher aides physicians licensed professional nurses and licensed allied
health providers working part-time and paid only for instructional time
student teacher trainees or short-term specialized instructors such as
visiting artists performers writers and the like For purposes of this
exception part-time means employment not exceeding 40 hours in any
biweekly pay period and short-term meansmiddot not more than 90
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 DD1 SS1
instructional days employment within the Public School System during the
fiscal year
CHAPTER ll ESTIMATED REVENUES
Section 201 Estimated Revenues Pursuant to House Concurrent
Resolution No 17-2 HDl the total estimated revenues and resources approved
and identified for FY 2011 are as follows
L Total identified budgetary resources $149171000
II This amount is subject to the following adjustments
(a) Less revenue transfer to other funds
(1) PL 13-38 Cigarette Excise Tax to Tobacco Control lt1365000gt
(2) 10 Excise Tax Transfer to Solid Waste Revolving Fund lt1585000gt
(3) CIQ reimbursement for airport overtime lt475000gt
(4) 4 CMC Section 1803 (b) NMIRF Hotelcontainer tax per court order
lt1690000gt
(5) 4 CMC Section 1803 (b) MV A hotel container tax earmarking
lt3835000gt
(b) Less debt services previously appropriated
(1) 2003A $40 million bond repayment lt$369000gt
(2) 2007 A refunding bond payment lt$5152500gt
(3) 2007B refunding bond payment lt$2134500gt
(c) Deficit Reduction $
Subtotal lt$16606000gt
(d) Net FY 2011 budgetary resources available for appropriation $132565000
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSt
1 ( e) Department of Public Lands $2820866
2 Grand Total
3 Notwithstanding 1 CMC 7204 funds appropriated for FY2011 shall be
4 allotted monthly
5 Section 202 Suspension of Earmarked Funds Except for debt service
6 obligations and other earmarking of funds as permitted in Section 201 of this
7 Chapter the earmarking reservation commitment allotment or allocation of
8 funds pursuant to the following public laws are hereby suspended for Fiscal Year
9 2011
10 (a) Public Laws 15-5 and 14-54 (Non-resident Worker Fund Fees
11 to NMC and PSS and 10 of Gaming Jackpot Tax to PSS) and
12 (b) 4 CMC sect 1508(a) and (b) (10 of General Fund poker fees to
13 the Human Resources Development Fund [WIA] and 50 to the
14 Retirement Fund)
15 CHAPTER III
16 GOVERNMENT CORPORATIONS AND DESIGNATED
17 AGENCIESACTIVITIES
18 Section 301 Appropriation and Budget Authority Pursuant to 1 CMC sect
19 7206 and as provided herein budget and expenditure authority for the following
20 activities is hereby approved Expenditures in excess of the budget authority
21 approved herein for agencies to which public funds are appropriated shall not be
22 incurred or committed and hiring in excess of FTE ceilings is prohibited unless
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HDl SSI
1 authorized by a legislative joint resolution in accordance with Section 7 Article X
2 of the NMI Constitution
3 ACTIVITIES FTE OPERATIONS TOTAL
4 (a) Commonwealth Development Authority 27 758386 452691 1211077
5 (b) Commonwealth Ports Authority no submittal
6 (c) CNMI Govt Health amp Life Ins --------------------Privatized ------------------shy
7 (d) Commonwealth Utilities Corporation no submittal
8 (e) NM Housing Corporation 24 1110989 1113108 2224097
9 (f) NMI Ret Fund 27 1353669 76659330 78012999
10 (g) Office ofthe Public Auditor 30 1818525 755700 2574225
11 (h) Public Utilities Commission 55553 137550 193103
12 Grand Total 109 $520972122 $7921182379 8422152501
13 Notwithstanding the above dollar amounts the entities above shall expend only
14 the lesser of funds actually generated collected or received or the amounts
15 indicated above
16 Section 302 Prior Certification of Funds
17 No person shall be employed or enter into contractual relationship with the
18 Commonwealth or any government entity therein without first receiving from the
19 Secretary of the Department of Finance certification that lawful and sufficient
20 funds for the purpose are available For purposes of this section professional
21 services shall include but not be limited to services provided by engineers
22 accountants physicians lawyers and other similar professionals
23 Section 303 Reporting Requirement The expenditure authorities of the
24 foregoing activities listed in Section 301 shall submit to the presiding officers of
25 the legislature at the end of each quarter an itemized report on the expenditures
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PUBLIC LAW NO 17-21
HOUSE BILL t7~t23 HDt SSt
for personnel and operations of each government entity and the payments of the
public auditors fee for the quarter ended and if applicable year~to-date totals as
of the close of the reporting period
CHAPTERIV ADMINISTRATION OF APPROPRIATED FUNDS
Section 401 Management of Funds
The expenditure of the funds appropriated and allocated under this Act
shall be regulated and controlled by the Secretary of Finance so that no agency
department instrumentality program or activity may expend the funds contrary
to the law or fiscal management policies and practices of the Commonwealth
Provided further that in addition to the report required under 1 CMC sect7209 the
Secretary ofFinance shall submit at the end of each quarter an itemized report on
the expenditures for personnel and operations of each business unit funded in
whole or in part by the General Fund for the quarter ended and if applicable
year-to-date totals as of the close of the reporting period
Section 402 Notwithstanding 1 CMC sect 7204 without prior legislative
approval consultation and concurrence no funds appropriated in this Act shall be
reduced or reprogrammed by the Governor except as provided herein
Section 403 FTE Ceiling
(a) Employment Ceilings Pursuant to Article X sect 7 of the
Commonwealth Constitution the employment ceilings are hereby established as
21 set forth herein
Section 404 Expenditure Authority 22
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SS1
(a) The distribution and expenditure of funds shall be in compliance with
the fiscal expenditure authority the listed agencies have pursuant to statute and the
administrative provisions of this Act as set forth herein
(b) Except as provided in this Act the funds appropriated pursuant to this
Act shall be expended by the respective expenditure authority pursuant to 1 CMC
sectsect 7401 and 7503
(c) For the Ground Water Management and Protection Act Fund
expenditure authority is vested in the Director of the Division of Environmental
Quality
(d) For all government agencies receiving appropriated funds for
personnel or staff housing administrative and expenditure authority over housing
and accompanying funds including but not limited to approval of lease
agreements is vested in the appropriate agency officials designated by law as
having expenditure authority
(e) For the Domestic Violence Task Force expenditure authority is vested
in the Family Violence Task Force chairperson with concurrence of the Family
Violence Task Force coordinator
(f) For Crime Stoppers International the chairperson of the board of the
directors shall be the expenditure authority
(g) For Independent Programs unless otherwise provided in this Act or in
any other provision of law expenditure authority shall be vested in the Secretary
ofFinance
23 CHAPTER V REPROGRAMMING AUTHORITY
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 lID1 SSI
Section 501 Reprogramming Authority
2 (a) Unless otherwise specified in this act authority to reprogram
3 appropriated funds shall be as provided under I CMC sectsect 7402 and 7504
4 (b) Provided however 1 CMC sectsect 7402 (b) is hereby suspended for the
5 period of this Act Governor shall have 100 reprogramming authority on funds
6 appropriated under Section 704 of this Act
7 (c) Notwithstanding any law to the contrary the Governors authority to
8 reprogram funds under this section shall include the authority to reprogram funds
9 available to all public corporations agencies and entities of the Commonwealth
10 Government upon approval by joint approval ofthe legislature provided that such
11 funds are not restricted from reprogramming by federal law federal grant
12 conditions Commonwealth constitutional prohibitions and deposit and other
13 security restrictions related to bond covenants and the financing of public
14 projects
15 CHAPTER VI SUPPLEMENTAL ADMINISTRATIVE PROVISIONS
16 Section 601 Utilities The amount of $7539509 included in the
17 Independent Programs shall be appropriated for the payment of utilities for the
18 branches departments and agencies of the Commonwealth government except
19 the business units listed in Section 103(b)(7) and the Public School System and
20 the Northern Marianas College
-21 Section 602 Hiring Restriction
22 (a) As long as work hours and wages are reduced no vacancies shall be
23 filled except for critical and emergency positions provided that until a law is
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
passed defining critical and emergency positions said critical and emergency
2 positions must be approved by joint approval of the legislature
3 (b) In order to reduce the size of the Government except for the Public
4 School System the Northern Marianas College and health care professionals of
5 the Department of Public Health and Environmental Services any FTE (full-time
6 equivalent) that becomes vacant shall be eliminated The renewal of the contract
7 for an existing employee shall not be considered creating a vacant position If a
8 new position or vacant position is necessary to be filled to protect the health
9 safety and welfare of the public the expenditure authority may request the
10 Legislature to establish a new FTE by joint resolution The appropriations set
11 forth in Section 704 are contingent on this section remaining in this Appropriation
12 Act
13 Section 603 Litigation Expenditures Restricted
14 Except for the governor the attorney general the chief justice of the
15 Commonwealth supreme court presiding officers of the legislature mayors and
16 municipal councils and notwithstanding any law to the contrary no agency
17 expenditure authority may use any part of their appropriations in connection with
18 prosecuting a legal matter against another agency unless authorized by the chief
19 justice in the case of agencies within the judicial branch the governor in the case
20 of agencies within the executive branch and the presiding officers in the case of
21 agencies within the legislative branch and mayors in the case of agencies under
22 their authority The terms agency and agencies as used in this section shall be
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HDl SSI
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1 liberally construed to include all instrumentalities and subdivisions of the
2 Commonwealth Government
Section 604 Public Auditors Fee
The Public Auditors Fee is 1 (one percent) of the total appropriations
for each instrumentality department agency corporation and budget activity of
the CNMI Government Notwithstanding any other provision of law any lapsed
funds from the Office of Public Auditor shall be applied to CNMI deficit
reduction only Agencies that are not funded by the general fund listed in section
301 (a)-(h) shall remit their respective fee on a monthly basis to the Department
ofFinance
Section 605 Legal Holidays
(a) The following laws and regulations providing for payment of legal
holidays are repealed during fiscal year 2011
1 CMC sect312 and sect313
Title 10 NMIAC sect10-lO-135G) (Excepted Service)
Title 10 NMIAC sectlO-202-346 (Civil Service Executive Branch)
Title lO NMIAC sect lO-30-344 (Civil Service Judicial Branch)
Title 40 NMIAC sect40-40-425 (Commonwealth Ports Authority)
Title 60 NMIAC sect60-301-444 (Public School System)
Title 100 NMIAC sect 100-50-430 (Northern Marianas Housing
Corporation)
Title 120 NMIAC sect120-lO-230 (Excepted Service) and
Title 130 NMIAC 130-20-330 (Office of the Public Auditor)
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HDl SSI
1 (b) Any employee required to work on a legal holiday shall be paid hislher
2 regular salary
3 (c) From the legal holidays listed in 1 CMC sect311 the Governor may
4 select one or more legal holidays for fiscal year 2011 for which employees shall
5 receive leave with pay
6 (d) Although leave with pay is not required for legal holidays during
7 Fiscal Year 2011 expenditure authorities may grant leave with pay for their
8 employees if they have available funds in their personnel account
9 CHAPTER VII APPROPRIATIONS
10 Section 701 In General
11 (a) Funds designated in Chapter II as available for appropriation for FY 2011
12 are hereby appropriated pursuant to this Chapter
13 (b) A business units FTE ceiling shall be established in this Chapter No
14 business unit shall exceed its FTE ceiling unless authorized by this Act or joint
15 resolution of the legislature
16 (c) Reduction in the Level of Appropriations In order to provide expenditure
17 authorities with flexibility in determining the allocation of funding for their operations
18 expenditure authorities must reduce their expenditures to achieve the level of
19 appropriation under this Act
20 Expenditure authorities may reduce previous levels ofexpenditure by
21 (1) A reduction in work hours
22 (2) A reduction in wages
23 (3) Furlough
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
1 (4) A reduction in force
2 (5) A reduction in expenditures for all others or
3 (6) A combination of reductions under subsections (1) through (5)
4 (d) The reduction in work hours shall not exceed 16 hours per bi-weekly pay
5 period If sufficient additional resources are not identified during the first quarter of
6 FY 2011 to allow an increase in work hours the reduction in work hours may be
7 continued
8 (e) Suspension of Restrictions on Reprogramming To provide for the
9 reprogramming between personnel and non-personnel accounts 1 CMC sect7402(c) is
10 suspended for the period that this Act is in effect
11 (f) Provided however that during the period of this Act no funds shall be I I
12 reprogrammed from non-personnel accounts to personnel accounts to increase any
13 salaries from its current level
14 Section 702 Judicial Branch
15 (a) There is hereby appropriated the following amounts to fund the personnel
16 and non-personnel expenses as listed below of the Judicial branch
17 FTE PERSONNEL OPERATIONS TOTAL
18 Supreme Court 11 792333 3639 795972
19 Superior Court 45 1714552 160961 1875513
20 Administration 13 295435 217240 512675
21 Law Revision Comm 5 132442 6245 138687
22 TOTAL 74 $2934762 $388085 $3322847
23 Section 703 Legislative Branch
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
1 (a) In accordance with Article II sect16(b) and (c) of the NMI Constitution as
2 amended by Legislative Initiative 10-8 the following amounts are hereby appropriated
3 to fund the personnel retirement contribution and non-personnel expenses as listed
4 below of the Legislative branch
5 FTE PERSONNEL OPERATIONS TOTAL
6 House Members Salary 20 954597 954597
7 House Members Allocation 100 1700000 1700000
8 House Leadership Allocation 138000 138000
9 Senate 9 431141 431141
10 Senate Members Allocation 45 765000 765000
11 Senate Leadership Allocation 138000 138000
12 Legislative Bureau 28 1274764 167000 1441764
13 CNMI Youth Congress 1 21167 20000 41167
14 TOTAL 203 $2681669 $2928000 $5609669
15 (b) Salaries of Legislative Members
16 (1) The amount appropriated under this section to the House of
17 Representatives under personnel shall be used to fund the salaries and
18 benefits of the members of the House of Representatives The expenditure
19 authority for the amounts appropriated shall be the Secretary of Finance
20 (2) The amount appropriated under this section to the Senate under
21 personnel shall be used to fund the salaries and benefits of the members of the
22 Senate The expenditure authority for the amounts appropriated shall be the
23 Secretary of Finance
24 (c) House Members Office Accounts and Employees
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
(1) The Department of Finance shall establish and assign a number to a
new business unit account entitled House Members Office Accounts for the
appropriation for House Members Allocation Another new business unit
account entitled Senate Members Office Accounts for the appropriation for
Senate Members Allocation Under each of these said accounts an equal
amount of the appropriation shall be allocated to subaccount further established
thereunder for each member of the respective house for the operations of the
members office as permitted under section 16 of article II of the CNMI
Constitution applicable laws and the rules of the legislative body to which the
member was elected
(2) Notwithstanding 1 CMC sect7401(c) to the contrary each member
shall be the expenditure authority of the funds allocated to their individual sub-
account
(3) Funds allocated for the operation of the members office including
but not limited to the personnel costs of the members employees and
expenditures as authorized by the adopted rules of the Senate in the case of the
Senate member or the adopted rules ofthe House of Representatives in the case
of a House member such as a monthly stipend to defray travel and incidental
expenses for the purpose of attending to legislative business outside the
members senatorial district
(4) Allocation ofFTEs among House members shall be governed by the
rules of the House
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
(5) Allocation of FTEs among Senate members shall be governed by
the rules of the Senate
(d) Senate and House Leadership Accounts
(1) The Department of Finance shall establish and assign a number to
two new business unit accounts one entitled House Leadership Account for
the appropriation in the amount of $138000 under All Others and another
new business unit account entitled Senate Leadership Account for the
appropriation in the amount of $138000 under All Others
(2) The presiding officer of each respective house or his lawfully
authorized designee shall be the expenditure authority and shall use such funds
to support the operations and activities of the House of Representatives and
Senate in accordance with its rules provided that the presiding officer
distributes a portion of the total appropriation in equal amounts to all the
standing committees for their operations and activities
(e) Legislative Bureau The expenditure authority of the funds appropriated for
the Legislative Bureau shall be the Director of the Legislative Bureau or his or her
lawfully authorized designee
(f) Northern Marianas Youth Congress The expenditure authority is vested in
the Director of the Legislative Bureau with the consultation of the Speaker of the
Northern Mariana Islands Youth Congress
Section 704 Executive Branch
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SS1
1 There are hereby appropriated the following amounts to fund the personnel and
2 non-personnel expenses of the offices programs and activities of the Executive Branch
3 as listed below
4 FTE PERSONNEL OPERATIONS TOTAL
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
21
22
23
24
25
26
27
28
29 30 i31
Office ofGov
Attorney General
Commerce
Comm amp Cult Affairs
Corrections
Finance
Labor
Lands amp Natural Res
Public Health
Public Safety
Public Works
Total
140
42
32
88
96
163
44
98
485
258
129
1575 $45120729 $14184384 $59305113
Section 705 First Senatorial District Rota
(a) There is hereby appropriated the following amounts to fund the personnel
and non-personnel expenses as listed below of the First Senatorial District
Mayor
Municipal Coun
Commerce (econ Dev)
CampCA
Police (DPS)
Fire
Finance amp Actg
Revenue amp Tax
Customs
Procurement amp Supply
Labor
FTE PERSONNEL OPERATIONS
99
11
8
10
34
12
3
3
6
2
7
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
1 Agriculture 20
2 Historic Preservation 4
3 Lands Regisamp Survey 6
4 Fish amp Wildlife 5
5 Parks amp Recreation 4
6 Soil amp Water Consv
7 Rota Health Center 51
8 Dental Services 4
9 DPH Med Referral 5
10 Environmental Health 2
11 Public Works 23
12 Total 320 $5677593 $576487 $6256080
13 (b) The Rota Legislative Delegation shall determine by Local Delegation
14 Resolution the allocation of the funds appropriated for the First Senatorial District
15 (c) Except as provided in this section the Mayor ofRota shall have authority to
16 expend obligate encumber or otherwise commit the funds appropriated to the First
17 Senatorial District Notwithstanding any law to the contrary the Mayor of Rota shall
18 have 100 reprogramming authority of the funds appropriated in this Act
19 Appropriations to the Municipal Council shall be divided and distributed equally to
20 each member of the Municipal Council Each Municipal Council member shall be the
21 expenditure authority of funds distributed to himher Additionally in accord with the
22 Superior Courts decision in the case of Inos v Tenorio the Mayors shall also have
23 expenditure authority over resident government departments in the First and Second
24 senatorial districts respectively unless the Governor revokes expenditure authority in a
25 manner consistent with the Superior Courts holding in Inos v Tenorio to wit
26 expenditure authority over resident departments that are primarily concerned with the
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
delivery of public services can be revoked only on a prior showing of just cause but
the Governor has discretion to revoke expenditure authority over those departments
that are primarily concerned with enforcing the law
(c) Rota Health Center Three hundred forty thousand ($34000000) from the
First Senatorial Districts budget appropriation is hereby allocated to pay for
professional services for nurses technicians and other medical and auxiliary
professionals as needed including one mental health counselor in the amount of Thirty
Three Thousand Dollars ($3300000)
(d) DPS Cadets One hundred seven thousand seven hundred eighty
($10778000) from the First Senatorial Districts budget appropriation is hereby
allocated for five (5) Full Time Equivalents (FTEs) for the Rota Department of Public
Safety of the total 329 FTEs to fully fund the five (5) 2010 DPS Academy graduates
from the First District who shall be placed as FTEs within the Rota Department of
Public Safety Any shortfall for overtime retirement or benefits shall be borne by the
municipality
(e) Dentist Seventy-seven thousand two hundred dollars ($77200) from the
First Senatorial Districts budget appropriation is hereby allocated for one (1) Full
Time Equivalent (FTE) to hire a dentist
Section 706 Second Senatorial District - Tinian amp Aguiguan
(a) There is hereby appropriated the following amounts to fund the personnel
and non-personnel expenses of the Second Senatorial District as listed below
FTE PERSONNEL OPERATIONS TOTAL
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SS1
Mayor 112
Municipal Council 3
Commerce (econo dev) 4
Historic Preservation 2
CampCA 3
Customs 3
Finance amp Acctg 2
Procurement amp Supply 2
Revenue amp Tax
Labor 8
Agriculture 15
Fish amp Wildlife 2
Parks amp Recreation 5
Environmental Health 4
Dental Services 3
Tinian Health Center 49
Police (DPS) 45
Public Works ~
Total 268 $5179361 $1076719
20 (b) The Tinian and Aguiguan Legislative Delegation shall determine by Local
21 Delegation Resolution the allocation of the funds appropriated for the Second
22 Senatorial District
23 (c) The Mayor and the Chairperson of the Municipal Council shall have the
24 expenditure authority for appropriations for their respective offices except as provided
25 below Notwithstanding any law to the contrary the Mayor of Tinian amp Aguiguan shall
26 have 100 reprogramming authority of the funds appropriated in this Act Each
27 Municipal Council member shall allocate and provide for the expenditure of the funds
28 appropriated to the Council in accordance with the Official Rules of the Council
29 Additionally in accord with the Superior Courts decision in the case of Inos v
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 lID1 SS1
Tenorio the Mayors shall also have expenditure authority over resident government
2 departments in the First and Second senatorial districts respectively unless the
3 Governor revokes expenditure authority in a manner consistent with the Superior
4 Courts holding in Inos v Tenorio to wit expenditure authority over resident
5 departments that are primarily concerned with the delivery of public services can be
6 revoked only on a prior showing of just cause but the Governor has discretion to
7 revoke expenditure authority over those departments that are primarily concerned with
8 enforcing the law
9 (d) Tinian Health Center Four hundred twenty seven thousand seven hundred
10 twenty seven and eighty one ($42772781) from the Second Senatorial Districts
11 budget appropriation is hereby allocated to pay for the direct hiring of nurses ancillary
12 staff and other needed administrative adjustments on personnel matters
13 (e) Tinian Municipal Council One hundred twenty three thousand four
14 hundred three ($123403) All Others appropriation of the Municipal Council is
15 hereby allocated as follows (1) $15000 for office rental and administrative purposes
16 and (2) $108403 for community projects and other functions ofwhich $75000 shall be
17 allocated to the chairman and the remaining balance shall be divided equally among the
18 other two members who shall be the expenditure authority of such funds
19 (f) Tinian Commerce Thirty eight thousand one hundred forty one ($38141)
20 is hereby allocated under AU Others for operations and office supplies
Section707 Third Senatorial District - Mayor ofSaipan Mayor of the Northern
Islands and Saipan and Northern Islands Municipal Council
PUBLIC LAW NO 17-21 HOUSE BILL l7~l23 HDl SSl
1 (a) There is hereby appropriated the following amounts to fund the personnel
2 and non-personnel expenses of the municipal governments of Saipan and the Northern
3 Islands as listed below
4 FTE PERSONNEL OPERATIONS TOTAL
5 Saipan Mayor 48 $875509 $248240 $1123257 6 NI Mayor 11 $192849 $86716 $279565
7 Saipan Mun Council 1 $34076 $27447 $61523
8 Total 60 $1102434 $362411 $1464845
9 (b) The Mayor of Saipan the Mayor of the Northern Islands and the
10 Chairperson of the Municipal Council for Saipan and the Northern Islands shall be the
11 expenditure authority for appropriations for their respective offices Notwithstanding
12 any law to the contrary the Mayors of Saipan and the Northern Islands respectively
13 shall have 100 reprogramming authority of the funds appropriated in this Act
14 Section 708 Autonomous Agencies
15 (a) There is hereby appropriated the following amounts to fund the following
16 autonomous agencies as listed below
17 FTE PERSONNEL OPERATIONS TOTAL
18 NMC 160 $4099229 $364235 $4464464
MVA 36 $832531 $1780496 $2611027
ajlst amp and SeRaterl Dist $369999 $36886611gtfif~tll~fu0 PSS ll13 $28521990 $2617529 $31140519f-AP( 21
22 BOE 2 $1372685 $26643 ~164~28
23 Total 1312 $33591435 $5148903 $38740338
24 (b) Northern Marianas College
25 (1) The president of the Northern Marianas College shall be the
26 expenditure authority of the appropriated funds
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
pfiuv~I tys
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(c) Marianas Visitors Authority
(1) The chairman of the Board of Directors of the Marianas Visitors
Authority shall be the expenditure authority ofthe appropriated funds
(2) Tlnee hundted sixty thousand ($360000) of the All OthelS
appropriation ofth Malianas Visitors Burau sball allocatd as follows
(i) One httndred 1vveftty thousRJJd ($120000) to susidiZle the
eftartef flights from Japan to Rota under the eKpndinY=e authority of the
Cbairman oftbe Marianas Visitors AQtborityen
(ii) One bll1dred Pyenellty tbollSaad ($120000) to promote and
market Tinian as a tourist destinatioR under the expenditure ffitthority of
the Chairman of the Mwianas Visitors Authoriry ctnd
(iii) 000 hundred tlJlnty thousand ($120000) to pay the
outstandiag KllT aGGount for completed Gbafter flights from Japan to
RotH under the expenditUfe authority of the Chairman of the Marianas
Visitor s 1AzYtbor~[
(d) Public School System
(1) The expenditure authority shall be the Commissioner of Education
or hislher designee
(2) No part of funds appropriated to BU 1607 the Public School
System shall be used to pay for any expense including but not limited to travel
or reimbursement of the Board of Education its board members and staff
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SS1
1 (e) Board of Education The chairperson of the Board of Education shall be the
2 expenditure authority of the appropriated funds
3 Section 709 Boards and Commissions
4 (a) There is hereby appropriated the following amounts to fund the following
5 boards and commissions as listed below
FTE PERSONNEL OPERATIONS
BPL
Civil Servo Comm
Election Comm
Total
3
4
1 14
$88732
$164803
$1762806
$430341
$13264
$2183
$932819
$109266
11 Section 710 Independent Programs
12 There is hereby appropriated the following amounts to fund the following
13 independent programs and activities as listed below
14 FTE PERSONNEL OPERATIONS TOTAL
15 Ayuda Network 18417 18417
16 Commonwealth Museum 4 96395 40140 136535
17 Domestic Violence 36834 36834
18 Humanities Council 4604 4604
19 JoetenlKiyu Public Library 7 128933 39674 168607
20 Marianas Bound - Karidat 54147 54147
21 Micronesian Legal Legal Services - 18417 18417
22 Nat Govs Assoc 40518 40518
23 Public Assis Program 17577 17577
24 Govt Utilities 7539509 7539509
25 Judgment 76258 76258
26 La Fiesta Lease 200000 200000
27 Aetna R-Off amp Ret -- 1463483 0 1463483
28 Total 11 1688811 8492643 10181454
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2
3
4
5
6
7
8
9
10
11
12
13
14
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16
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21
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
(a) Joeten-Kiyu Public Library The expenditure authority shall be the
chairperson of the Commonwealth Library Council
(b) Public Assistance - Matching Funds The expenditure authority shall be
the Governor or his designee
(c) Judgments against the Government The expenditure authority shall be the
Secretary of Finance in consultation with the Attorney General
(d) Commonwealth Museum The chairperson of the Board of Governors of
the Commonwealth Museum or hislher designee shall be the expenditure authority
(e) Ayuda Network The expenditure authority shall be the chairperson of the
board of directors
(f) KARlDAT The executive director of Marianas Bound (KARlDAT) shall
be the expenditure authority
(g) Micronesian Legal Services The executive director of the Micronesian
Legal Services Corporation shall be the expenditure authority
(h) For programs and activities not specifically mentioned the expenditure
authority shall be the Secretary of Finance
Section 711 Other Programs
(a) There is hereby appropriated the following amounts to the following other
programs as listed below
FTE PERSONNEL OPERATIONS TOTAL
22
23
NMIOICC
Ret Pension GovLtGov
Ret PL5-3 (COLA)
1 $27476
$147506
o o
413276
$27476
$147506
$413276
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
1 Workers Comp Comm ~ $121061 129648 $250709
2 Total 6 $297751 $541216 $838967
3 Section 712 Department of Public Lands
4 (a) Pursuant to Section 103 of Public Law 15-2 $2820886 is appropriated to
5 the Department of Public Lands as follows
6 Personnel $1765104
7 Operations $1055782
8 Total $2820886
9 FTE Ceiling 65
10 No funds received or collected by or remitted to the Department of Public Lands
11 pursuant to Public Law 15-2 that are in excess of the amount appropriated in this
12 section may be reprogrammed or expended absent legislative appropriation or in
13 violation of the Constitution
14 Section 713 Reporting Requirements The expenditure authorities of the
15 foregoing activities listed in Chapter VII shall submit to the presiding officers of the
16 legislature at the end of each quarter an itemized report on the expenditures for
17 personnel and operations of each government entity and the payments of the public
18 auditors fee for the quarter ended and if applicable year-to-date totals as of the close
19 of the reporting period
20 Section 714 Compact Impact Funds
middot21 Compact Impact funds shall be used III accordance with the terms and
22 conditions set forth in the Grant Agreement and shall be used to defray qualified
23 expenses for the following activities
24 (a) Office of Public Defender $ 37151
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HDt SSI
1 (b) Dept of Community amp Cultural Affairs
2 (c) Dept of Corrections
3 (d) Dept of Public Health
4 (e) Department of Public Safety
5 Total
6 Section 715 Outside Sources
$ 44616
$ 154698
$ 536744
$ 1157234
$1930443
7 (a) Notwithstanding any law to the contrary the Governor is authorized to
8 transfer qualified operational expenses to available and unencumbered outside general
9 fund accounts not to exceed $3500000 which are hereby appropriated to pay for such
10 expenses
11 CHAPTER VIII GENERAL PROVISIONS
12 Section 801 Severability If any provision of this Act or its application to any
13 person or circumstance is held invalid the invalidity does not affect other provisions
14 or applications of the Act which can be given effect without the invalid provision or
middot15 applications and to this end the provisions ofthis Act are severable
16 Section 802 Savings Clause This Act and any repealer contained herein shall
middot17 not be construed as affecting any existing right acquired under contract or acquired
18 under statutes repealed or under any rule regulation or order adopted under the statutes
middot19 Repealers contained in this Act shall not affect any proceeding instituted under or
ao pursuant to prior law The enactment of this Act shall not have the effect of terminating
21 or in any way modifying any liability civil or criminal which shall already be in
22 existence at the date this Act becomes effective
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HDl SSI
1 Section 803 Effective Date This Act shall become law upon its approval by the
2 Governor or it becoming law without such approvaL
House Clerk
Certiiedby ~~f OILAN C ORiOSPEAKER
this
Governor
2010
Commonwealth ofthe Northern Mariana Islands
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1021 Governors Discretionary Account
1050 Lt Governors Office
1051 Lt Governors Discretionary Account
1014 Management and Budget
1016 Administrative Services
1017 Governors Press Secretary
1018 Programs and Legislation
1019 Emergency Management Office
1020 Youth Affairs
1023 Board ofParole
1026 Personnel Management
1027 Personnel Management - Tinian
1028 Personnel Management - Rota
1033 Scholarship Fund
1190 Public Defender
1201 Carolinian Affairs
1202 Indigenous Affairs
1251 Veterans Affairs
1260 Womens Affairs
1492 DEQ Environmental Protection
1493 DEQ Litter Control
1494 DEQ - Tinian
1495 DEQ - Rota
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1496 DEQ Groundwater Protection
1555 Zoning
350111583 WIA
1584 CJPA
1915 Vocational Rehabilitation
(B) Office ofthe Attorney General which includes business units
1170 Attorney Generals Office
1185 AGO Consumer Counsel
1187 AGO - Investigations
1188 AGO - Special Investigations
(C) Department of Community and Cultural Affairs which
includes business units
1200 CCA - Secretarys Office
1220 CCA - DivYouth Services
1223 CCA - Child Care Licensing Program
1230 CCA - Historic Preservation
1240 CCA - Office on Aging
1250 CCA - Council for Arts amp Culture
1252 CCA - LIHEAP
1270 CCA - Sports amp Recreation
1557 ChamorroCarolinian Language Commission
(D) Department of Commerce which includes business units
1300 Commerce - Secretarys Office
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HDl SSI
1310 Commerce - Economic Dev
1331 Commerce - Central Statistics
1332 Commerce - ABTC
1333 Commerce - Enforcement
(E) Department of Corrections which includes business units
1335 Department ofCorrections
(F) Department of Finance which includes business units
1100 DOF - Secretarys Office
1110 DOF Finance and Accounting SPN
1120 DOF Treasury
1130 DOF Revenue and Taxation - Saipan
1140 DOF Procurement -Saipan
1150 DOF Customs - Saipan
1160 DOF Electronic Data Processing
(G) Department ofLabor which includes business units
1275 Labor - Secretarys Office
1280 Labor - Labor
1283 Administrative Hearing Office
1330 Labor - Employment Services
3430 Labor - Enforcement Fund
(H) Department of Lands and Natural Resources which includes
business units
1400 DLNR - Secretarys Office
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
1 1410
2 1420
3 1440
4 1461
5 1467
DLNR - Agriculture - Saipan
DLNR - Fish amp Wildlife - Saipan
DLNR - Parks amp Grounds
DLNR - Soil amp Water (SPN amp NI)
DLNR - Land Registration amp Survey
(I) Department of Public Health which includes business units
7 1804
8 1878
9 1901
1905
1925
1951
1952
1970
1976
1979
1980
1983
1984
DPH - Commonwealth Health Center
DPH - Medical Supplies
DPH - Secretarys Office
DPH - Environmental Services (SPN)
DPH - Mental Health amp Social Services
DPH - Medicaid Reimbursement
DPH- CHIP
DPH - Dental Services - Saipan
DPH - General Public Health
DPH - Medical Referral
DPH - Medicaid Administration
DPH -Childrens Development amp Assistance Center
DPH - Transitional Living Center
(J) Department of Public Lands which includes business units
1950 Department of Public Lands
(K) Department of Public Safety which includes business units
1340 DPS - Commissioners Office
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3 1365
4 1370
5 1380
6 1390
7 1360
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DPS - Police - Saipan
DPS - Administrative Div
DPS - Bureau of Motor Vehicles
DPS - Investigative Div
DPS - Fire
D PS - Boating Safety
DPS - Training and Academy
DPS - Criminal Justice Information Systems
(L) Department of Public Works which includes business units
10 1470
11 1471
12 1480
13 1484
14 1485
15 1486
16 1490
DPW - Building Safety Code
DPW - Secretarys Office
DPW - Operations amp Maintenance (SPN)
DPW - Roads and Grounds Div
DPW - Solid Waste Management
DPW - TransAutolHeavy Equipment Div
DPW - Technical Services
(4) First Senatorial District (Rota) which includes the following
18 business units
19 1065
1068
~ 21 1066
111222
1132
Office of the Mayor - Rota
Mayors Contingency Fund
Municipal Council - Rota
DOF - Finance amp Acctg - Rota
DOF - Revenue amp Tax - Rota
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PUBLIC LAW NO 17-21
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1142 Finance - Procurement - Rota
1152 DOF - Customs - Rota
1232 Historic Preservation - Rota
1272 CCA - Sports amp Recreation- Rota
1282 DOL - Labor - Rota
1312 Commerce - Economic Dev - Rota
1352 DPS - Police - Rota
1353 DPS - Property and Protection Fire
1412 DLNR - Agriculture - Rota
1422 DLNR - Fish amp Wildlife - Rota
1442 DLNR - Parks amp Recreation - Rota
1463 DLNR - Soil amp Water Cons
1468 DLNR - Land Registration amp Survey
1482 DPW - Operations amp Maintenance - Rota
1523 Public Library - Rota
1912 DPH - Public Health - Rota
1957 DPH - Environmental Health - Rota
1989 DPH - Dental Services - Rota
3421 Youth Training
(5) Second Senatorial District (Tinian and Aguiguan) which
includes the following business units
1063 Mayor ofTinian - Office
1067 Mayors Contingency Fund
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
1 1064
2 1111
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4 1141
5 1151
6 1231
7 1271
8 1281
9 1311
10 1351
11 1411
12 1421
13 1441
14 1462
15 1481
16 1524
17 1906
18 1907
19 1911
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Municipal Council - Tinian
Finance amp Accounting - Tinian
DOF - Revenue amp Tax - Tinian
DOF - Procurement - Tinian
DOF - Customs - Tinian
CCA - Historic Preservation - Tinian
CCA - Sports amp Rec - Tinian
Labor - Labor - Tinian
Commerce - Economic Dev - Tinian
DPS - Police - Tinian
DLNR - Agriculture - Tinian
DLNR - Fish amp Wildlife - Tinian
DLNR - Parks amp Recreation - Tinian
DLNR - Soil amp Water Cons - Tinian
DPW - Operations amp Maintenance - Tinian
Public Library - Tinian
DPH - Public Health - Tinian
DPH - Dental Services - Tinian
DPH - Environmental Health - Tinian
Youth Training
lt21 (6) Third Senatorial District (Saipan and the Northern Islands)
which includes the following governmental offices
23 1060 Mayor ofNorthern Islands
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
1061 Mayor of Saipan - Mayors Office
1059 Mayors Contingency Account
1062 Saipan and Northern Islands - Municipal Council
(7) All government corporations as defined in 1 CMC sect7103(n)
for which budget authority is herein provided including the following
(A) Commonwealth Development Authority
(B) Commonwealth Ports Authority
(C) Commonwealth Utilities Corporation
(D) Marianas Public Land Trust
(E) Northern Marianas Housing Corporation
(F) Northern Marianas Retirement Fund
(G) Public Utilities Commission
(8) Boards and Commissions which includes the following
business units
1540 Civil Service Commission
1551 Commission on Election
1556 Board of Professional Licensing
(9) Other Programs and Autonomous Agencies which includes the
following business units
1600 Workers Compensation Commission
1601 Governor I Lt Gov Pension
1602 Retirement COLA PL 5-38-39-25
1603 NMIOIC
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
Aetna R -Off amp Ret
(10) Public Corporations which includes the following business
units
1605 Northern Marianas College
3450 NMC - Apprentice Program
1606 Marianas Visitors Authority
1001 Board Of Education
1607 Public School System
(c) Independent programs means government programs under
separate boards established by law (unless receiving appropriations or
budget authority under another heading) specialized general items of
appropriations and those non-profit corporations and associations or
organizations established outside of the Government of the
Commonwealth of the Northern Mariana Islands to which the
Commonwealth Government provides financial assistance including
business units
1592 Joeten-Kiyu Public Library
1515 Public Assistance Program Matching Funds
1623 Judgments Against Government
3661 Commonwealth Museum
New La Fiesta Lease
1549 Council for the Humanities
23 1562 Ayuda Network
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1568 Domestic Violence
1570 National Governors Association
1577 Karidat
1580 Micronesian Legal Services
1591 Utilities - CNMI Government
(d) Local funds means locally generated revenues and revenues
received pursuant to Section 702 (a) of the Covenant
(e) Operations means appropriations for all lawful activities
other than personnel
(f) Personnel means appropriations for salaries employers
contribution to the Northern Marianas Retirement Fund the Defined
Contribution Plan overtime night differential hazardous pay and other
employee wages and benefits
(g) Position or Full-Time Equivalent (FTE) means the
maximum number of persons that may be employed pursuant to Article
X Section 7 of the Commonwealth Constitution but does not include
Workforce Investment Agency substitute teachers summer trainees
teacher aides physicians licensed professional nurses and licensed allied
health providers working part-time and paid only for instructional time
student teacher trainees or short-term specialized instructors such as
visiting artists performers writers and the like For purposes of this
exception part-time means employment not exceeding 40 hours in any
biweekly pay period and short-term meansmiddot not more than 90
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 DD1 SS1
instructional days employment within the Public School System during the
fiscal year
CHAPTER ll ESTIMATED REVENUES
Section 201 Estimated Revenues Pursuant to House Concurrent
Resolution No 17-2 HDl the total estimated revenues and resources approved
and identified for FY 2011 are as follows
L Total identified budgetary resources $149171000
II This amount is subject to the following adjustments
(a) Less revenue transfer to other funds
(1) PL 13-38 Cigarette Excise Tax to Tobacco Control lt1365000gt
(2) 10 Excise Tax Transfer to Solid Waste Revolving Fund lt1585000gt
(3) CIQ reimbursement for airport overtime lt475000gt
(4) 4 CMC Section 1803 (b) NMIRF Hotelcontainer tax per court order
lt1690000gt
(5) 4 CMC Section 1803 (b) MV A hotel container tax earmarking
lt3835000gt
(b) Less debt services previously appropriated
(1) 2003A $40 million bond repayment lt$369000gt
(2) 2007 A refunding bond payment lt$5152500gt
(3) 2007B refunding bond payment lt$2134500gt
(c) Deficit Reduction $
Subtotal lt$16606000gt
(d) Net FY 2011 budgetary resources available for appropriation $132565000
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSt
1 ( e) Department of Public Lands $2820866
2 Grand Total
3 Notwithstanding 1 CMC 7204 funds appropriated for FY2011 shall be
4 allotted monthly
5 Section 202 Suspension of Earmarked Funds Except for debt service
6 obligations and other earmarking of funds as permitted in Section 201 of this
7 Chapter the earmarking reservation commitment allotment or allocation of
8 funds pursuant to the following public laws are hereby suspended for Fiscal Year
9 2011
10 (a) Public Laws 15-5 and 14-54 (Non-resident Worker Fund Fees
11 to NMC and PSS and 10 of Gaming Jackpot Tax to PSS) and
12 (b) 4 CMC sect 1508(a) and (b) (10 of General Fund poker fees to
13 the Human Resources Development Fund [WIA] and 50 to the
14 Retirement Fund)
15 CHAPTER III
16 GOVERNMENT CORPORATIONS AND DESIGNATED
17 AGENCIESACTIVITIES
18 Section 301 Appropriation and Budget Authority Pursuant to 1 CMC sect
19 7206 and as provided herein budget and expenditure authority for the following
20 activities is hereby approved Expenditures in excess of the budget authority
21 approved herein for agencies to which public funds are appropriated shall not be
22 incurred or committed and hiring in excess of FTE ceilings is prohibited unless
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HDl SSI
1 authorized by a legislative joint resolution in accordance with Section 7 Article X
2 of the NMI Constitution
3 ACTIVITIES FTE OPERATIONS TOTAL
4 (a) Commonwealth Development Authority 27 758386 452691 1211077
5 (b) Commonwealth Ports Authority no submittal
6 (c) CNMI Govt Health amp Life Ins --------------------Privatized ------------------shy
7 (d) Commonwealth Utilities Corporation no submittal
8 (e) NM Housing Corporation 24 1110989 1113108 2224097
9 (f) NMI Ret Fund 27 1353669 76659330 78012999
10 (g) Office ofthe Public Auditor 30 1818525 755700 2574225
11 (h) Public Utilities Commission 55553 137550 193103
12 Grand Total 109 $520972122 $7921182379 8422152501
13 Notwithstanding the above dollar amounts the entities above shall expend only
14 the lesser of funds actually generated collected or received or the amounts
15 indicated above
16 Section 302 Prior Certification of Funds
17 No person shall be employed or enter into contractual relationship with the
18 Commonwealth or any government entity therein without first receiving from the
19 Secretary of the Department of Finance certification that lawful and sufficient
20 funds for the purpose are available For purposes of this section professional
21 services shall include but not be limited to services provided by engineers
22 accountants physicians lawyers and other similar professionals
23 Section 303 Reporting Requirement The expenditure authorities of the
24 foregoing activities listed in Section 301 shall submit to the presiding officers of
25 the legislature at the end of each quarter an itemized report on the expenditures
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PUBLIC LAW NO 17-21
HOUSE BILL t7~t23 HDt SSt
for personnel and operations of each government entity and the payments of the
public auditors fee for the quarter ended and if applicable year~to-date totals as
of the close of the reporting period
CHAPTERIV ADMINISTRATION OF APPROPRIATED FUNDS
Section 401 Management of Funds
The expenditure of the funds appropriated and allocated under this Act
shall be regulated and controlled by the Secretary of Finance so that no agency
department instrumentality program or activity may expend the funds contrary
to the law or fiscal management policies and practices of the Commonwealth
Provided further that in addition to the report required under 1 CMC sect7209 the
Secretary ofFinance shall submit at the end of each quarter an itemized report on
the expenditures for personnel and operations of each business unit funded in
whole or in part by the General Fund for the quarter ended and if applicable
year-to-date totals as of the close of the reporting period
Section 402 Notwithstanding 1 CMC sect 7204 without prior legislative
approval consultation and concurrence no funds appropriated in this Act shall be
reduced or reprogrammed by the Governor except as provided herein
Section 403 FTE Ceiling
(a) Employment Ceilings Pursuant to Article X sect 7 of the
Commonwealth Constitution the employment ceilings are hereby established as
21 set forth herein
Section 404 Expenditure Authority 22
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SS1
(a) The distribution and expenditure of funds shall be in compliance with
the fiscal expenditure authority the listed agencies have pursuant to statute and the
administrative provisions of this Act as set forth herein
(b) Except as provided in this Act the funds appropriated pursuant to this
Act shall be expended by the respective expenditure authority pursuant to 1 CMC
sectsect 7401 and 7503
(c) For the Ground Water Management and Protection Act Fund
expenditure authority is vested in the Director of the Division of Environmental
Quality
(d) For all government agencies receiving appropriated funds for
personnel or staff housing administrative and expenditure authority over housing
and accompanying funds including but not limited to approval of lease
agreements is vested in the appropriate agency officials designated by law as
having expenditure authority
(e) For the Domestic Violence Task Force expenditure authority is vested
in the Family Violence Task Force chairperson with concurrence of the Family
Violence Task Force coordinator
(f) For Crime Stoppers International the chairperson of the board of the
directors shall be the expenditure authority
(g) For Independent Programs unless otherwise provided in this Act or in
any other provision of law expenditure authority shall be vested in the Secretary
ofFinance
23 CHAPTER V REPROGRAMMING AUTHORITY
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 lID1 SSI
Section 501 Reprogramming Authority
2 (a) Unless otherwise specified in this act authority to reprogram
3 appropriated funds shall be as provided under I CMC sectsect 7402 and 7504
4 (b) Provided however 1 CMC sectsect 7402 (b) is hereby suspended for the
5 period of this Act Governor shall have 100 reprogramming authority on funds
6 appropriated under Section 704 of this Act
7 (c) Notwithstanding any law to the contrary the Governors authority to
8 reprogram funds under this section shall include the authority to reprogram funds
9 available to all public corporations agencies and entities of the Commonwealth
10 Government upon approval by joint approval ofthe legislature provided that such
11 funds are not restricted from reprogramming by federal law federal grant
12 conditions Commonwealth constitutional prohibitions and deposit and other
13 security restrictions related to bond covenants and the financing of public
14 projects
15 CHAPTER VI SUPPLEMENTAL ADMINISTRATIVE PROVISIONS
16 Section 601 Utilities The amount of $7539509 included in the
17 Independent Programs shall be appropriated for the payment of utilities for the
18 branches departments and agencies of the Commonwealth government except
19 the business units listed in Section 103(b)(7) and the Public School System and
20 the Northern Marianas College
-21 Section 602 Hiring Restriction
22 (a) As long as work hours and wages are reduced no vacancies shall be
23 filled except for critical and emergency positions provided that until a law is
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
passed defining critical and emergency positions said critical and emergency
2 positions must be approved by joint approval of the legislature
3 (b) In order to reduce the size of the Government except for the Public
4 School System the Northern Marianas College and health care professionals of
5 the Department of Public Health and Environmental Services any FTE (full-time
6 equivalent) that becomes vacant shall be eliminated The renewal of the contract
7 for an existing employee shall not be considered creating a vacant position If a
8 new position or vacant position is necessary to be filled to protect the health
9 safety and welfare of the public the expenditure authority may request the
10 Legislature to establish a new FTE by joint resolution The appropriations set
11 forth in Section 704 are contingent on this section remaining in this Appropriation
12 Act
13 Section 603 Litigation Expenditures Restricted
14 Except for the governor the attorney general the chief justice of the
15 Commonwealth supreme court presiding officers of the legislature mayors and
16 municipal councils and notwithstanding any law to the contrary no agency
17 expenditure authority may use any part of their appropriations in connection with
18 prosecuting a legal matter against another agency unless authorized by the chief
19 justice in the case of agencies within the judicial branch the governor in the case
20 of agencies within the executive branch and the presiding officers in the case of
21 agencies within the legislative branch and mayors in the case of agencies under
22 their authority The terms agency and agencies as used in this section shall be
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HDl SSI
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2 Commonwealth Government
Section 604 Public Auditors Fee
The Public Auditors Fee is 1 (one percent) of the total appropriations
for each instrumentality department agency corporation and budget activity of
the CNMI Government Notwithstanding any other provision of law any lapsed
funds from the Office of Public Auditor shall be applied to CNMI deficit
reduction only Agencies that are not funded by the general fund listed in section
301 (a)-(h) shall remit their respective fee on a monthly basis to the Department
ofFinance
Section 605 Legal Holidays
(a) The following laws and regulations providing for payment of legal
holidays are repealed during fiscal year 2011
1 CMC sect312 and sect313
Title 10 NMIAC sect10-lO-135G) (Excepted Service)
Title 10 NMIAC sectlO-202-346 (Civil Service Executive Branch)
Title lO NMIAC sect lO-30-344 (Civil Service Judicial Branch)
Title 40 NMIAC sect40-40-425 (Commonwealth Ports Authority)
Title 60 NMIAC sect60-301-444 (Public School System)
Title 100 NMIAC sect 100-50-430 (Northern Marianas Housing
Corporation)
Title 120 NMIAC sect120-lO-230 (Excepted Service) and
Title 130 NMIAC 130-20-330 (Office of the Public Auditor)
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HDl SSI
1 (b) Any employee required to work on a legal holiday shall be paid hislher
2 regular salary
3 (c) From the legal holidays listed in 1 CMC sect311 the Governor may
4 select one or more legal holidays for fiscal year 2011 for which employees shall
5 receive leave with pay
6 (d) Although leave with pay is not required for legal holidays during
7 Fiscal Year 2011 expenditure authorities may grant leave with pay for their
8 employees if they have available funds in their personnel account
9 CHAPTER VII APPROPRIATIONS
10 Section 701 In General
11 (a) Funds designated in Chapter II as available for appropriation for FY 2011
12 are hereby appropriated pursuant to this Chapter
13 (b) A business units FTE ceiling shall be established in this Chapter No
14 business unit shall exceed its FTE ceiling unless authorized by this Act or joint
15 resolution of the legislature
16 (c) Reduction in the Level of Appropriations In order to provide expenditure
17 authorities with flexibility in determining the allocation of funding for their operations
18 expenditure authorities must reduce their expenditures to achieve the level of
19 appropriation under this Act
20 Expenditure authorities may reduce previous levels ofexpenditure by
21 (1) A reduction in work hours
22 (2) A reduction in wages
23 (3) Furlough
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
1 (4) A reduction in force
2 (5) A reduction in expenditures for all others or
3 (6) A combination of reductions under subsections (1) through (5)
4 (d) The reduction in work hours shall not exceed 16 hours per bi-weekly pay
5 period If sufficient additional resources are not identified during the first quarter of
6 FY 2011 to allow an increase in work hours the reduction in work hours may be
7 continued
8 (e) Suspension of Restrictions on Reprogramming To provide for the
9 reprogramming between personnel and non-personnel accounts 1 CMC sect7402(c) is
10 suspended for the period that this Act is in effect
11 (f) Provided however that during the period of this Act no funds shall be I I
12 reprogrammed from non-personnel accounts to personnel accounts to increase any
13 salaries from its current level
14 Section 702 Judicial Branch
15 (a) There is hereby appropriated the following amounts to fund the personnel
16 and non-personnel expenses as listed below of the Judicial branch
17 FTE PERSONNEL OPERATIONS TOTAL
18 Supreme Court 11 792333 3639 795972
19 Superior Court 45 1714552 160961 1875513
20 Administration 13 295435 217240 512675
21 Law Revision Comm 5 132442 6245 138687
22 TOTAL 74 $2934762 $388085 $3322847
23 Section 703 Legislative Branch
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
1 (a) In accordance with Article II sect16(b) and (c) of the NMI Constitution as
2 amended by Legislative Initiative 10-8 the following amounts are hereby appropriated
3 to fund the personnel retirement contribution and non-personnel expenses as listed
4 below of the Legislative branch
5 FTE PERSONNEL OPERATIONS TOTAL
6 House Members Salary 20 954597 954597
7 House Members Allocation 100 1700000 1700000
8 House Leadership Allocation 138000 138000
9 Senate 9 431141 431141
10 Senate Members Allocation 45 765000 765000
11 Senate Leadership Allocation 138000 138000
12 Legislative Bureau 28 1274764 167000 1441764
13 CNMI Youth Congress 1 21167 20000 41167
14 TOTAL 203 $2681669 $2928000 $5609669
15 (b) Salaries of Legislative Members
16 (1) The amount appropriated under this section to the House of
17 Representatives under personnel shall be used to fund the salaries and
18 benefits of the members of the House of Representatives The expenditure
19 authority for the amounts appropriated shall be the Secretary of Finance
20 (2) The amount appropriated under this section to the Senate under
21 personnel shall be used to fund the salaries and benefits of the members of the
22 Senate The expenditure authority for the amounts appropriated shall be the
23 Secretary of Finance
24 (c) House Members Office Accounts and Employees
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
(1) The Department of Finance shall establish and assign a number to a
new business unit account entitled House Members Office Accounts for the
appropriation for House Members Allocation Another new business unit
account entitled Senate Members Office Accounts for the appropriation for
Senate Members Allocation Under each of these said accounts an equal
amount of the appropriation shall be allocated to subaccount further established
thereunder for each member of the respective house for the operations of the
members office as permitted under section 16 of article II of the CNMI
Constitution applicable laws and the rules of the legislative body to which the
member was elected
(2) Notwithstanding 1 CMC sect7401(c) to the contrary each member
shall be the expenditure authority of the funds allocated to their individual sub-
account
(3) Funds allocated for the operation of the members office including
but not limited to the personnel costs of the members employees and
expenditures as authorized by the adopted rules of the Senate in the case of the
Senate member or the adopted rules ofthe House of Representatives in the case
of a House member such as a monthly stipend to defray travel and incidental
expenses for the purpose of attending to legislative business outside the
members senatorial district
(4) Allocation ofFTEs among House members shall be governed by the
rules of the House
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
(5) Allocation of FTEs among Senate members shall be governed by
the rules of the Senate
(d) Senate and House Leadership Accounts
(1) The Department of Finance shall establish and assign a number to
two new business unit accounts one entitled House Leadership Account for
the appropriation in the amount of $138000 under All Others and another
new business unit account entitled Senate Leadership Account for the
appropriation in the amount of $138000 under All Others
(2) The presiding officer of each respective house or his lawfully
authorized designee shall be the expenditure authority and shall use such funds
to support the operations and activities of the House of Representatives and
Senate in accordance with its rules provided that the presiding officer
distributes a portion of the total appropriation in equal amounts to all the
standing committees for their operations and activities
(e) Legislative Bureau The expenditure authority of the funds appropriated for
the Legislative Bureau shall be the Director of the Legislative Bureau or his or her
lawfully authorized designee
(f) Northern Marianas Youth Congress The expenditure authority is vested in
the Director of the Legislative Bureau with the consultation of the Speaker of the
Northern Mariana Islands Youth Congress
Section 704 Executive Branch
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SS1
1 There are hereby appropriated the following amounts to fund the personnel and
2 non-personnel expenses of the offices programs and activities of the Executive Branch
3 as listed below
4 FTE PERSONNEL OPERATIONS TOTAL
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
21
22
23
24
25
26
27
28
29 30 i31
Office ofGov
Attorney General
Commerce
Comm amp Cult Affairs
Corrections
Finance
Labor
Lands amp Natural Res
Public Health
Public Safety
Public Works
Total
140
42
32
88
96
163
44
98
485
258
129
1575 $45120729 $14184384 $59305113
Section 705 First Senatorial District Rota
(a) There is hereby appropriated the following amounts to fund the personnel
and non-personnel expenses as listed below of the First Senatorial District
Mayor
Municipal Coun
Commerce (econ Dev)
CampCA
Police (DPS)
Fire
Finance amp Actg
Revenue amp Tax
Customs
Procurement amp Supply
Labor
FTE PERSONNEL OPERATIONS
99
11
8
10
34
12
3
3
6
2
7
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
1 Agriculture 20
2 Historic Preservation 4
3 Lands Regisamp Survey 6
4 Fish amp Wildlife 5
5 Parks amp Recreation 4
6 Soil amp Water Consv
7 Rota Health Center 51
8 Dental Services 4
9 DPH Med Referral 5
10 Environmental Health 2
11 Public Works 23
12 Total 320 $5677593 $576487 $6256080
13 (b) The Rota Legislative Delegation shall determine by Local Delegation
14 Resolution the allocation of the funds appropriated for the First Senatorial District
15 (c) Except as provided in this section the Mayor ofRota shall have authority to
16 expend obligate encumber or otherwise commit the funds appropriated to the First
17 Senatorial District Notwithstanding any law to the contrary the Mayor of Rota shall
18 have 100 reprogramming authority of the funds appropriated in this Act
19 Appropriations to the Municipal Council shall be divided and distributed equally to
20 each member of the Municipal Council Each Municipal Council member shall be the
21 expenditure authority of funds distributed to himher Additionally in accord with the
22 Superior Courts decision in the case of Inos v Tenorio the Mayors shall also have
23 expenditure authority over resident government departments in the First and Second
24 senatorial districts respectively unless the Governor revokes expenditure authority in a
25 manner consistent with the Superior Courts holding in Inos v Tenorio to wit
26 expenditure authority over resident departments that are primarily concerned with the
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
delivery of public services can be revoked only on a prior showing of just cause but
the Governor has discretion to revoke expenditure authority over those departments
that are primarily concerned with enforcing the law
(c) Rota Health Center Three hundred forty thousand ($34000000) from the
First Senatorial Districts budget appropriation is hereby allocated to pay for
professional services for nurses technicians and other medical and auxiliary
professionals as needed including one mental health counselor in the amount of Thirty
Three Thousand Dollars ($3300000)
(d) DPS Cadets One hundred seven thousand seven hundred eighty
($10778000) from the First Senatorial Districts budget appropriation is hereby
allocated for five (5) Full Time Equivalents (FTEs) for the Rota Department of Public
Safety of the total 329 FTEs to fully fund the five (5) 2010 DPS Academy graduates
from the First District who shall be placed as FTEs within the Rota Department of
Public Safety Any shortfall for overtime retirement or benefits shall be borne by the
municipality
(e) Dentist Seventy-seven thousand two hundred dollars ($77200) from the
First Senatorial Districts budget appropriation is hereby allocated for one (1) Full
Time Equivalent (FTE) to hire a dentist
Section 706 Second Senatorial District - Tinian amp Aguiguan
(a) There is hereby appropriated the following amounts to fund the personnel
and non-personnel expenses of the Second Senatorial District as listed below
FTE PERSONNEL OPERATIONS TOTAL
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SS1
Mayor 112
Municipal Council 3
Commerce (econo dev) 4
Historic Preservation 2
CampCA 3
Customs 3
Finance amp Acctg 2
Procurement amp Supply 2
Revenue amp Tax
Labor 8
Agriculture 15
Fish amp Wildlife 2
Parks amp Recreation 5
Environmental Health 4
Dental Services 3
Tinian Health Center 49
Police (DPS) 45
Public Works ~
Total 268 $5179361 $1076719
20 (b) The Tinian and Aguiguan Legislative Delegation shall determine by Local
21 Delegation Resolution the allocation of the funds appropriated for the Second
22 Senatorial District
23 (c) The Mayor and the Chairperson of the Municipal Council shall have the
24 expenditure authority for appropriations for their respective offices except as provided
25 below Notwithstanding any law to the contrary the Mayor of Tinian amp Aguiguan shall
26 have 100 reprogramming authority of the funds appropriated in this Act Each
27 Municipal Council member shall allocate and provide for the expenditure of the funds
28 appropriated to the Council in accordance with the Official Rules of the Council
29 Additionally in accord with the Superior Courts decision in the case of Inos v
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 lID1 SS1
Tenorio the Mayors shall also have expenditure authority over resident government
2 departments in the First and Second senatorial districts respectively unless the
3 Governor revokes expenditure authority in a manner consistent with the Superior
4 Courts holding in Inos v Tenorio to wit expenditure authority over resident
5 departments that are primarily concerned with the delivery of public services can be
6 revoked only on a prior showing of just cause but the Governor has discretion to
7 revoke expenditure authority over those departments that are primarily concerned with
8 enforcing the law
9 (d) Tinian Health Center Four hundred twenty seven thousand seven hundred
10 twenty seven and eighty one ($42772781) from the Second Senatorial Districts
11 budget appropriation is hereby allocated to pay for the direct hiring of nurses ancillary
12 staff and other needed administrative adjustments on personnel matters
13 (e) Tinian Municipal Council One hundred twenty three thousand four
14 hundred three ($123403) All Others appropriation of the Municipal Council is
15 hereby allocated as follows (1) $15000 for office rental and administrative purposes
16 and (2) $108403 for community projects and other functions ofwhich $75000 shall be
17 allocated to the chairman and the remaining balance shall be divided equally among the
18 other two members who shall be the expenditure authority of such funds
19 (f) Tinian Commerce Thirty eight thousand one hundred forty one ($38141)
20 is hereby allocated under AU Others for operations and office supplies
Section707 Third Senatorial District - Mayor ofSaipan Mayor of the Northern
Islands and Saipan and Northern Islands Municipal Council
PUBLIC LAW NO 17-21 HOUSE BILL l7~l23 HDl SSl
1 (a) There is hereby appropriated the following amounts to fund the personnel
2 and non-personnel expenses of the municipal governments of Saipan and the Northern
3 Islands as listed below
4 FTE PERSONNEL OPERATIONS TOTAL
5 Saipan Mayor 48 $875509 $248240 $1123257 6 NI Mayor 11 $192849 $86716 $279565
7 Saipan Mun Council 1 $34076 $27447 $61523
8 Total 60 $1102434 $362411 $1464845
9 (b) The Mayor of Saipan the Mayor of the Northern Islands and the
10 Chairperson of the Municipal Council for Saipan and the Northern Islands shall be the
11 expenditure authority for appropriations for their respective offices Notwithstanding
12 any law to the contrary the Mayors of Saipan and the Northern Islands respectively
13 shall have 100 reprogramming authority of the funds appropriated in this Act
14 Section 708 Autonomous Agencies
15 (a) There is hereby appropriated the following amounts to fund the following
16 autonomous agencies as listed below
17 FTE PERSONNEL OPERATIONS TOTAL
18 NMC 160 $4099229 $364235 $4464464
MVA 36 $832531 $1780496 $2611027
ajlst amp and SeRaterl Dist $369999 $36886611gtfif~tll~fu0 PSS ll13 $28521990 $2617529 $31140519f-AP( 21
22 BOE 2 $1372685 $26643 ~164~28
23 Total 1312 $33591435 $5148903 $38740338
24 (b) Northern Marianas College
25 (1) The president of the Northern Marianas College shall be the
26 expenditure authority of the appropriated funds
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13
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
pfiuv~I tys
I I
20
21
(c) Marianas Visitors Authority
(1) The chairman of the Board of Directors of the Marianas Visitors
Authority shall be the expenditure authority ofthe appropriated funds
(2) Tlnee hundted sixty thousand ($360000) of the All OthelS
appropriation ofth Malianas Visitors Burau sball allocatd as follows
(i) One httndred 1vveftty thousRJJd ($120000) to susidiZle the
eftartef flights from Japan to Rota under the eKpndinY=e authority of the
Cbairman oftbe Marianas Visitors AQtborityen
(ii) One bll1dred Pyenellty tbollSaad ($120000) to promote and
market Tinian as a tourist destinatioR under the expenditure ffitthority of
the Chairman of the Mwianas Visitors Authoriry ctnd
(iii) 000 hundred tlJlnty thousand ($120000) to pay the
outstandiag KllT aGGount for completed Gbafter flights from Japan to
RotH under the expenditUfe authority of the Chairman of the Marianas
Visitor s 1AzYtbor~[
(d) Public School System
(1) The expenditure authority shall be the Commissioner of Education
or hislher designee
(2) No part of funds appropriated to BU 1607 the Public School
System shall be used to pay for any expense including but not limited to travel
or reimbursement of the Board of Education its board members and staff
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SS1
1 (e) Board of Education The chairperson of the Board of Education shall be the
2 expenditure authority of the appropriated funds
3 Section 709 Boards and Commissions
4 (a) There is hereby appropriated the following amounts to fund the following
5 boards and commissions as listed below
FTE PERSONNEL OPERATIONS
BPL
Civil Servo Comm
Election Comm
Total
3
4
1 14
$88732
$164803
$1762806
$430341
$13264
$2183
$932819
$109266
11 Section 710 Independent Programs
12 There is hereby appropriated the following amounts to fund the following
13 independent programs and activities as listed below
14 FTE PERSONNEL OPERATIONS TOTAL
15 Ayuda Network 18417 18417
16 Commonwealth Museum 4 96395 40140 136535
17 Domestic Violence 36834 36834
18 Humanities Council 4604 4604
19 JoetenlKiyu Public Library 7 128933 39674 168607
20 Marianas Bound - Karidat 54147 54147
21 Micronesian Legal Legal Services - 18417 18417
22 Nat Govs Assoc 40518 40518
23 Public Assis Program 17577 17577
24 Govt Utilities 7539509 7539509
25 Judgment 76258 76258
26 La Fiesta Lease 200000 200000
27 Aetna R-Off amp Ret -- 1463483 0 1463483
28 Total 11 1688811 8492643 10181454
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2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
(a) Joeten-Kiyu Public Library The expenditure authority shall be the
chairperson of the Commonwealth Library Council
(b) Public Assistance - Matching Funds The expenditure authority shall be
the Governor or his designee
(c) Judgments against the Government The expenditure authority shall be the
Secretary of Finance in consultation with the Attorney General
(d) Commonwealth Museum The chairperson of the Board of Governors of
the Commonwealth Museum or hislher designee shall be the expenditure authority
(e) Ayuda Network The expenditure authority shall be the chairperson of the
board of directors
(f) KARlDAT The executive director of Marianas Bound (KARlDAT) shall
be the expenditure authority
(g) Micronesian Legal Services The executive director of the Micronesian
Legal Services Corporation shall be the expenditure authority
(h) For programs and activities not specifically mentioned the expenditure
authority shall be the Secretary of Finance
Section 711 Other Programs
(a) There is hereby appropriated the following amounts to the following other
programs as listed below
FTE PERSONNEL OPERATIONS TOTAL
22
23
NMIOICC
Ret Pension GovLtGov
Ret PL5-3 (COLA)
1 $27476
$147506
o o
413276
$27476
$147506
$413276
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
1 Workers Comp Comm ~ $121061 129648 $250709
2 Total 6 $297751 $541216 $838967
3 Section 712 Department of Public Lands
4 (a) Pursuant to Section 103 of Public Law 15-2 $2820886 is appropriated to
5 the Department of Public Lands as follows
6 Personnel $1765104
7 Operations $1055782
8 Total $2820886
9 FTE Ceiling 65
10 No funds received or collected by or remitted to the Department of Public Lands
11 pursuant to Public Law 15-2 that are in excess of the amount appropriated in this
12 section may be reprogrammed or expended absent legislative appropriation or in
13 violation of the Constitution
14 Section 713 Reporting Requirements The expenditure authorities of the
15 foregoing activities listed in Chapter VII shall submit to the presiding officers of the
16 legislature at the end of each quarter an itemized report on the expenditures for
17 personnel and operations of each government entity and the payments of the public
18 auditors fee for the quarter ended and if applicable year-to-date totals as of the close
19 of the reporting period
20 Section 714 Compact Impact Funds
middot21 Compact Impact funds shall be used III accordance with the terms and
22 conditions set forth in the Grant Agreement and shall be used to defray qualified
23 expenses for the following activities
24 (a) Office of Public Defender $ 37151
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HDt SSI
1 (b) Dept of Community amp Cultural Affairs
2 (c) Dept of Corrections
3 (d) Dept of Public Health
4 (e) Department of Public Safety
5 Total
6 Section 715 Outside Sources
$ 44616
$ 154698
$ 536744
$ 1157234
$1930443
7 (a) Notwithstanding any law to the contrary the Governor is authorized to
8 transfer qualified operational expenses to available and unencumbered outside general
9 fund accounts not to exceed $3500000 which are hereby appropriated to pay for such
10 expenses
11 CHAPTER VIII GENERAL PROVISIONS
12 Section 801 Severability If any provision of this Act or its application to any
13 person or circumstance is held invalid the invalidity does not affect other provisions
14 or applications of the Act which can be given effect without the invalid provision or
middot15 applications and to this end the provisions ofthis Act are severable
16 Section 802 Savings Clause This Act and any repealer contained herein shall
middot17 not be construed as affecting any existing right acquired under contract or acquired
18 under statutes repealed or under any rule regulation or order adopted under the statutes
middot19 Repealers contained in this Act shall not affect any proceeding instituted under or
ao pursuant to prior law The enactment of this Act shall not have the effect of terminating
21 or in any way modifying any liability civil or criminal which shall already be in
22 existence at the date this Act becomes effective
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HDl SSI
1 Section 803 Effective Date This Act shall become law upon its approval by the
2 Governor or it becoming law without such approvaL
House Clerk
Certiiedby ~~f OILAN C ORiOSPEAKER
this
Governor
2010
Commonwealth ofthe Northern Mariana Islands
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PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
1496 DEQ Groundwater Protection
1555 Zoning
350111583 WIA
1584 CJPA
1915 Vocational Rehabilitation
(B) Office ofthe Attorney General which includes business units
1170 Attorney Generals Office
1185 AGO Consumer Counsel
1187 AGO - Investigations
1188 AGO - Special Investigations
(C) Department of Community and Cultural Affairs which
includes business units
1200 CCA - Secretarys Office
1220 CCA - DivYouth Services
1223 CCA - Child Care Licensing Program
1230 CCA - Historic Preservation
1240 CCA - Office on Aging
1250 CCA - Council for Arts amp Culture
1252 CCA - LIHEAP
1270 CCA - Sports amp Recreation
1557 ChamorroCarolinian Language Commission
(D) Department of Commerce which includes business units
1300 Commerce - Secretarys Office
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2
3
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5
6
7
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9
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12
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HDl SSI
1310 Commerce - Economic Dev
1331 Commerce - Central Statistics
1332 Commerce - ABTC
1333 Commerce - Enforcement
(E) Department of Corrections which includes business units
1335 Department ofCorrections
(F) Department of Finance which includes business units
1100 DOF - Secretarys Office
1110 DOF Finance and Accounting SPN
1120 DOF Treasury
1130 DOF Revenue and Taxation - Saipan
1140 DOF Procurement -Saipan
1150 DOF Customs - Saipan
1160 DOF Electronic Data Processing
(G) Department ofLabor which includes business units
1275 Labor - Secretarys Office
1280 Labor - Labor
1283 Administrative Hearing Office
1330 Labor - Employment Services
3430 Labor - Enforcement Fund
(H) Department of Lands and Natural Resources which includes
business units
1400 DLNR - Secretarys Office
6
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
1 1410
2 1420
3 1440
4 1461
5 1467
DLNR - Agriculture - Saipan
DLNR - Fish amp Wildlife - Saipan
DLNR - Parks amp Grounds
DLNR - Soil amp Water (SPN amp NI)
DLNR - Land Registration amp Survey
(I) Department of Public Health which includes business units
7 1804
8 1878
9 1901
1905
1925
1951
1952
1970
1976
1979
1980
1983
1984
DPH - Commonwealth Health Center
DPH - Medical Supplies
DPH - Secretarys Office
DPH - Environmental Services (SPN)
DPH - Mental Health amp Social Services
DPH - Medicaid Reimbursement
DPH- CHIP
DPH - Dental Services - Saipan
DPH - General Public Health
DPH - Medical Referral
DPH - Medicaid Administration
DPH -Childrens Development amp Assistance Center
DPH - Transitional Living Center
(J) Department of Public Lands which includes business units
1950 Department of Public Lands
(K) Department of Public Safety which includes business units
1340 DPS - Commissioners Office
9
17
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HDl SSI
1 1350
2 1362
3 1365
4 1370
5 1380
6 1390
7 1360
8 1361
DPS - Police - Saipan
DPS - Administrative Div
DPS - Bureau of Motor Vehicles
DPS - Investigative Div
DPS - Fire
D PS - Boating Safety
DPS - Training and Academy
DPS - Criminal Justice Information Systems
(L) Department of Public Works which includes business units
10 1470
11 1471
12 1480
13 1484
14 1485
15 1486
16 1490
DPW - Building Safety Code
DPW - Secretarys Office
DPW - Operations amp Maintenance (SPN)
DPW - Roads and Grounds Div
DPW - Solid Waste Management
DPW - TransAutolHeavy Equipment Div
DPW - Technical Services
(4) First Senatorial District (Rota) which includes the following
18 business units
19 1065
1068
~ 21 1066
111222
1132
Office of the Mayor - Rota
Mayors Contingency Fund
Municipal Council - Rota
DOF - Finance amp Acctg - Rota
DOF - Revenue amp Tax - Rota
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PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HDl SSI
1142 Finance - Procurement - Rota
1152 DOF - Customs - Rota
1232 Historic Preservation - Rota
1272 CCA - Sports amp Recreation- Rota
1282 DOL - Labor - Rota
1312 Commerce - Economic Dev - Rota
1352 DPS - Police - Rota
1353 DPS - Property and Protection Fire
1412 DLNR - Agriculture - Rota
1422 DLNR - Fish amp Wildlife - Rota
1442 DLNR - Parks amp Recreation - Rota
1463 DLNR - Soil amp Water Cons
1468 DLNR - Land Registration amp Survey
1482 DPW - Operations amp Maintenance - Rota
1523 Public Library - Rota
1912 DPH - Public Health - Rota
1957 DPH - Environmental Health - Rota
1989 DPH - Dental Services - Rota
3421 Youth Training
(5) Second Senatorial District (Tinian and Aguiguan) which
includes the following business units
1063 Mayor ofTinian - Office
1067 Mayors Contingency Fund
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
1 1064
2 1111
3 1131
4 1141
5 1151
6 1231
7 1271
8 1281
9 1311
10 1351
11 1411
12 1421
13 1441
14 1462
15 1481
16 1524
17 1906
18 1907
19 1911
20 3420
Municipal Council - Tinian
Finance amp Accounting - Tinian
DOF - Revenue amp Tax - Tinian
DOF - Procurement - Tinian
DOF - Customs - Tinian
CCA - Historic Preservation - Tinian
CCA - Sports amp Rec - Tinian
Labor - Labor - Tinian
Commerce - Economic Dev - Tinian
DPS - Police - Tinian
DLNR - Agriculture - Tinian
DLNR - Fish amp Wildlife - Tinian
DLNR - Parks amp Recreation - Tinian
DLNR - Soil amp Water Cons - Tinian
DPW - Operations amp Maintenance - Tinian
Public Library - Tinian
DPH - Public Health - Tinian
DPH - Dental Services - Tinian
DPH - Environmental Health - Tinian
Youth Training
lt21 (6) Third Senatorial District (Saipan and the Northern Islands)
which includes the following governmental offices
23 1060 Mayor ofNorthern Islands
22
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
1061 Mayor of Saipan - Mayors Office
1059 Mayors Contingency Account
1062 Saipan and Northern Islands - Municipal Council
(7) All government corporations as defined in 1 CMC sect7103(n)
for which budget authority is herein provided including the following
(A) Commonwealth Development Authority
(B) Commonwealth Ports Authority
(C) Commonwealth Utilities Corporation
(D) Marianas Public Land Trust
(E) Northern Marianas Housing Corporation
(F) Northern Marianas Retirement Fund
(G) Public Utilities Commission
(8) Boards and Commissions which includes the following
business units
1540 Civil Service Commission
1551 Commission on Election
1556 Board of Professional Licensing
(9) Other Programs and Autonomous Agencies which includes the
following business units
1600 Workers Compensation Commission
1601 Governor I Lt Gov Pension
1602 Retirement COLA PL 5-38-39-25
1603 NMIOIC
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
Aetna R -Off amp Ret
(10) Public Corporations which includes the following business
units
1605 Northern Marianas College
3450 NMC - Apprentice Program
1606 Marianas Visitors Authority
1001 Board Of Education
1607 Public School System
(c) Independent programs means government programs under
separate boards established by law (unless receiving appropriations or
budget authority under another heading) specialized general items of
appropriations and those non-profit corporations and associations or
organizations established outside of the Government of the
Commonwealth of the Northern Mariana Islands to which the
Commonwealth Government provides financial assistance including
business units
1592 Joeten-Kiyu Public Library
1515 Public Assistance Program Matching Funds
1623 Judgments Against Government
3661 Commonwealth Museum
New La Fiesta Lease
1549 Council for the Humanities
23 1562 Ayuda Network
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
1568 Domestic Violence
1570 National Governors Association
1577 Karidat
1580 Micronesian Legal Services
1591 Utilities - CNMI Government
(d) Local funds means locally generated revenues and revenues
received pursuant to Section 702 (a) of the Covenant
(e) Operations means appropriations for all lawful activities
other than personnel
(f) Personnel means appropriations for salaries employers
contribution to the Northern Marianas Retirement Fund the Defined
Contribution Plan overtime night differential hazardous pay and other
employee wages and benefits
(g) Position or Full-Time Equivalent (FTE) means the
maximum number of persons that may be employed pursuant to Article
X Section 7 of the Commonwealth Constitution but does not include
Workforce Investment Agency substitute teachers summer trainees
teacher aides physicians licensed professional nurses and licensed allied
health providers working part-time and paid only for instructional time
student teacher trainees or short-term specialized instructors such as
visiting artists performers writers and the like For purposes of this
exception part-time means employment not exceeding 40 hours in any
biweekly pay period and short-term meansmiddot not more than 90
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 DD1 SS1
instructional days employment within the Public School System during the
fiscal year
CHAPTER ll ESTIMATED REVENUES
Section 201 Estimated Revenues Pursuant to House Concurrent
Resolution No 17-2 HDl the total estimated revenues and resources approved
and identified for FY 2011 are as follows
L Total identified budgetary resources $149171000
II This amount is subject to the following adjustments
(a) Less revenue transfer to other funds
(1) PL 13-38 Cigarette Excise Tax to Tobacco Control lt1365000gt
(2) 10 Excise Tax Transfer to Solid Waste Revolving Fund lt1585000gt
(3) CIQ reimbursement for airport overtime lt475000gt
(4) 4 CMC Section 1803 (b) NMIRF Hotelcontainer tax per court order
lt1690000gt
(5) 4 CMC Section 1803 (b) MV A hotel container tax earmarking
lt3835000gt
(b) Less debt services previously appropriated
(1) 2003A $40 million bond repayment lt$369000gt
(2) 2007 A refunding bond payment lt$5152500gt
(3) 2007B refunding bond payment lt$2134500gt
(c) Deficit Reduction $
Subtotal lt$16606000gt
(d) Net FY 2011 budgetary resources available for appropriation $132565000
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSt
1 ( e) Department of Public Lands $2820866
2 Grand Total
3 Notwithstanding 1 CMC 7204 funds appropriated for FY2011 shall be
4 allotted monthly
5 Section 202 Suspension of Earmarked Funds Except for debt service
6 obligations and other earmarking of funds as permitted in Section 201 of this
7 Chapter the earmarking reservation commitment allotment or allocation of
8 funds pursuant to the following public laws are hereby suspended for Fiscal Year
9 2011
10 (a) Public Laws 15-5 and 14-54 (Non-resident Worker Fund Fees
11 to NMC and PSS and 10 of Gaming Jackpot Tax to PSS) and
12 (b) 4 CMC sect 1508(a) and (b) (10 of General Fund poker fees to
13 the Human Resources Development Fund [WIA] and 50 to the
14 Retirement Fund)
15 CHAPTER III
16 GOVERNMENT CORPORATIONS AND DESIGNATED
17 AGENCIESACTIVITIES
18 Section 301 Appropriation and Budget Authority Pursuant to 1 CMC sect
19 7206 and as provided herein budget and expenditure authority for the following
20 activities is hereby approved Expenditures in excess of the budget authority
21 approved herein for agencies to which public funds are appropriated shall not be
22 incurred or committed and hiring in excess of FTE ceilings is prohibited unless
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HDl SSI
1 authorized by a legislative joint resolution in accordance with Section 7 Article X
2 of the NMI Constitution
3 ACTIVITIES FTE OPERATIONS TOTAL
4 (a) Commonwealth Development Authority 27 758386 452691 1211077
5 (b) Commonwealth Ports Authority no submittal
6 (c) CNMI Govt Health amp Life Ins --------------------Privatized ------------------shy
7 (d) Commonwealth Utilities Corporation no submittal
8 (e) NM Housing Corporation 24 1110989 1113108 2224097
9 (f) NMI Ret Fund 27 1353669 76659330 78012999
10 (g) Office ofthe Public Auditor 30 1818525 755700 2574225
11 (h) Public Utilities Commission 55553 137550 193103
12 Grand Total 109 $520972122 $7921182379 8422152501
13 Notwithstanding the above dollar amounts the entities above shall expend only
14 the lesser of funds actually generated collected or received or the amounts
15 indicated above
16 Section 302 Prior Certification of Funds
17 No person shall be employed or enter into contractual relationship with the
18 Commonwealth or any government entity therein without first receiving from the
19 Secretary of the Department of Finance certification that lawful and sufficient
20 funds for the purpose are available For purposes of this section professional
21 services shall include but not be limited to services provided by engineers
22 accountants physicians lawyers and other similar professionals
23 Section 303 Reporting Requirement The expenditure authorities of the
24 foregoing activities listed in Section 301 shall submit to the presiding officers of
25 the legislature at the end of each quarter an itemized report on the expenditures
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8
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11
12
13
14
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16
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18
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PUBLIC LAW NO 17-21
HOUSE BILL t7~t23 HDt SSt
for personnel and operations of each government entity and the payments of the
public auditors fee for the quarter ended and if applicable year~to-date totals as
of the close of the reporting period
CHAPTERIV ADMINISTRATION OF APPROPRIATED FUNDS
Section 401 Management of Funds
The expenditure of the funds appropriated and allocated under this Act
shall be regulated and controlled by the Secretary of Finance so that no agency
department instrumentality program or activity may expend the funds contrary
to the law or fiscal management policies and practices of the Commonwealth
Provided further that in addition to the report required under 1 CMC sect7209 the
Secretary ofFinance shall submit at the end of each quarter an itemized report on
the expenditures for personnel and operations of each business unit funded in
whole or in part by the General Fund for the quarter ended and if applicable
year-to-date totals as of the close of the reporting period
Section 402 Notwithstanding 1 CMC sect 7204 without prior legislative
approval consultation and concurrence no funds appropriated in this Act shall be
reduced or reprogrammed by the Governor except as provided herein
Section 403 FTE Ceiling
(a) Employment Ceilings Pursuant to Article X sect 7 of the
Commonwealth Constitution the employment ceilings are hereby established as
21 set forth herein
Section 404 Expenditure Authority 22
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SS1
(a) The distribution and expenditure of funds shall be in compliance with
the fiscal expenditure authority the listed agencies have pursuant to statute and the
administrative provisions of this Act as set forth herein
(b) Except as provided in this Act the funds appropriated pursuant to this
Act shall be expended by the respective expenditure authority pursuant to 1 CMC
sectsect 7401 and 7503
(c) For the Ground Water Management and Protection Act Fund
expenditure authority is vested in the Director of the Division of Environmental
Quality
(d) For all government agencies receiving appropriated funds for
personnel or staff housing administrative and expenditure authority over housing
and accompanying funds including but not limited to approval of lease
agreements is vested in the appropriate agency officials designated by law as
having expenditure authority
(e) For the Domestic Violence Task Force expenditure authority is vested
in the Family Violence Task Force chairperson with concurrence of the Family
Violence Task Force coordinator
(f) For Crime Stoppers International the chairperson of the board of the
directors shall be the expenditure authority
(g) For Independent Programs unless otherwise provided in this Act or in
any other provision of law expenditure authority shall be vested in the Secretary
ofFinance
23 CHAPTER V REPROGRAMMING AUTHORITY
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 lID1 SSI
Section 501 Reprogramming Authority
2 (a) Unless otherwise specified in this act authority to reprogram
3 appropriated funds shall be as provided under I CMC sectsect 7402 and 7504
4 (b) Provided however 1 CMC sectsect 7402 (b) is hereby suspended for the
5 period of this Act Governor shall have 100 reprogramming authority on funds
6 appropriated under Section 704 of this Act
7 (c) Notwithstanding any law to the contrary the Governors authority to
8 reprogram funds under this section shall include the authority to reprogram funds
9 available to all public corporations agencies and entities of the Commonwealth
10 Government upon approval by joint approval ofthe legislature provided that such
11 funds are not restricted from reprogramming by federal law federal grant
12 conditions Commonwealth constitutional prohibitions and deposit and other
13 security restrictions related to bond covenants and the financing of public
14 projects
15 CHAPTER VI SUPPLEMENTAL ADMINISTRATIVE PROVISIONS
16 Section 601 Utilities The amount of $7539509 included in the
17 Independent Programs shall be appropriated for the payment of utilities for the
18 branches departments and agencies of the Commonwealth government except
19 the business units listed in Section 103(b)(7) and the Public School System and
20 the Northern Marianas College
-21 Section 602 Hiring Restriction
22 (a) As long as work hours and wages are reduced no vacancies shall be
23 filled except for critical and emergency positions provided that until a law is
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
passed defining critical and emergency positions said critical and emergency
2 positions must be approved by joint approval of the legislature
3 (b) In order to reduce the size of the Government except for the Public
4 School System the Northern Marianas College and health care professionals of
5 the Department of Public Health and Environmental Services any FTE (full-time
6 equivalent) that becomes vacant shall be eliminated The renewal of the contract
7 for an existing employee shall not be considered creating a vacant position If a
8 new position or vacant position is necessary to be filled to protect the health
9 safety and welfare of the public the expenditure authority may request the
10 Legislature to establish a new FTE by joint resolution The appropriations set
11 forth in Section 704 are contingent on this section remaining in this Appropriation
12 Act
13 Section 603 Litigation Expenditures Restricted
14 Except for the governor the attorney general the chief justice of the
15 Commonwealth supreme court presiding officers of the legislature mayors and
16 municipal councils and notwithstanding any law to the contrary no agency
17 expenditure authority may use any part of their appropriations in connection with
18 prosecuting a legal matter against another agency unless authorized by the chief
19 justice in the case of agencies within the judicial branch the governor in the case
20 of agencies within the executive branch and the presiding officers in the case of
21 agencies within the legislative branch and mayors in the case of agencies under
22 their authority The terms agency and agencies as used in this section shall be
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HDl SSI
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6
7
8
9
12
13
14
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17
18
23
1 liberally construed to include all instrumentalities and subdivisions of the
2 Commonwealth Government
Section 604 Public Auditors Fee
The Public Auditors Fee is 1 (one percent) of the total appropriations
for each instrumentality department agency corporation and budget activity of
the CNMI Government Notwithstanding any other provision of law any lapsed
funds from the Office of Public Auditor shall be applied to CNMI deficit
reduction only Agencies that are not funded by the general fund listed in section
301 (a)-(h) shall remit their respective fee on a monthly basis to the Department
ofFinance
Section 605 Legal Holidays
(a) The following laws and regulations providing for payment of legal
holidays are repealed during fiscal year 2011
1 CMC sect312 and sect313
Title 10 NMIAC sect10-lO-135G) (Excepted Service)
Title 10 NMIAC sectlO-202-346 (Civil Service Executive Branch)
Title lO NMIAC sect lO-30-344 (Civil Service Judicial Branch)
Title 40 NMIAC sect40-40-425 (Commonwealth Ports Authority)
Title 60 NMIAC sect60-301-444 (Public School System)
Title 100 NMIAC sect 100-50-430 (Northern Marianas Housing
Corporation)
Title 120 NMIAC sect120-lO-230 (Excepted Service) and
Title 130 NMIAC 130-20-330 (Office of the Public Auditor)
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HDl SSI
1 (b) Any employee required to work on a legal holiday shall be paid hislher
2 regular salary
3 (c) From the legal holidays listed in 1 CMC sect311 the Governor may
4 select one or more legal holidays for fiscal year 2011 for which employees shall
5 receive leave with pay
6 (d) Although leave with pay is not required for legal holidays during
7 Fiscal Year 2011 expenditure authorities may grant leave with pay for their
8 employees if they have available funds in their personnel account
9 CHAPTER VII APPROPRIATIONS
10 Section 701 In General
11 (a) Funds designated in Chapter II as available for appropriation for FY 2011
12 are hereby appropriated pursuant to this Chapter
13 (b) A business units FTE ceiling shall be established in this Chapter No
14 business unit shall exceed its FTE ceiling unless authorized by this Act or joint
15 resolution of the legislature
16 (c) Reduction in the Level of Appropriations In order to provide expenditure
17 authorities with flexibility in determining the allocation of funding for their operations
18 expenditure authorities must reduce their expenditures to achieve the level of
19 appropriation under this Act
20 Expenditure authorities may reduce previous levels ofexpenditure by
21 (1) A reduction in work hours
22 (2) A reduction in wages
23 (3) Furlough
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
1 (4) A reduction in force
2 (5) A reduction in expenditures for all others or
3 (6) A combination of reductions under subsections (1) through (5)
4 (d) The reduction in work hours shall not exceed 16 hours per bi-weekly pay
5 period If sufficient additional resources are not identified during the first quarter of
6 FY 2011 to allow an increase in work hours the reduction in work hours may be
7 continued
8 (e) Suspension of Restrictions on Reprogramming To provide for the
9 reprogramming between personnel and non-personnel accounts 1 CMC sect7402(c) is
10 suspended for the period that this Act is in effect
11 (f) Provided however that during the period of this Act no funds shall be I I
12 reprogrammed from non-personnel accounts to personnel accounts to increase any
13 salaries from its current level
14 Section 702 Judicial Branch
15 (a) There is hereby appropriated the following amounts to fund the personnel
16 and non-personnel expenses as listed below of the Judicial branch
17 FTE PERSONNEL OPERATIONS TOTAL
18 Supreme Court 11 792333 3639 795972
19 Superior Court 45 1714552 160961 1875513
20 Administration 13 295435 217240 512675
21 Law Revision Comm 5 132442 6245 138687
22 TOTAL 74 $2934762 $388085 $3322847
23 Section 703 Legislative Branch
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
1 (a) In accordance with Article II sect16(b) and (c) of the NMI Constitution as
2 amended by Legislative Initiative 10-8 the following amounts are hereby appropriated
3 to fund the personnel retirement contribution and non-personnel expenses as listed
4 below of the Legislative branch
5 FTE PERSONNEL OPERATIONS TOTAL
6 House Members Salary 20 954597 954597
7 House Members Allocation 100 1700000 1700000
8 House Leadership Allocation 138000 138000
9 Senate 9 431141 431141
10 Senate Members Allocation 45 765000 765000
11 Senate Leadership Allocation 138000 138000
12 Legislative Bureau 28 1274764 167000 1441764
13 CNMI Youth Congress 1 21167 20000 41167
14 TOTAL 203 $2681669 $2928000 $5609669
15 (b) Salaries of Legislative Members
16 (1) The amount appropriated under this section to the House of
17 Representatives under personnel shall be used to fund the salaries and
18 benefits of the members of the House of Representatives The expenditure
19 authority for the amounts appropriated shall be the Secretary of Finance
20 (2) The amount appropriated under this section to the Senate under
21 personnel shall be used to fund the salaries and benefits of the members of the
22 Senate The expenditure authority for the amounts appropriated shall be the
23 Secretary of Finance
24 (c) House Members Office Accounts and Employees
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
(1) The Department of Finance shall establish and assign a number to a
new business unit account entitled House Members Office Accounts for the
appropriation for House Members Allocation Another new business unit
account entitled Senate Members Office Accounts for the appropriation for
Senate Members Allocation Under each of these said accounts an equal
amount of the appropriation shall be allocated to subaccount further established
thereunder for each member of the respective house for the operations of the
members office as permitted under section 16 of article II of the CNMI
Constitution applicable laws and the rules of the legislative body to which the
member was elected
(2) Notwithstanding 1 CMC sect7401(c) to the contrary each member
shall be the expenditure authority of the funds allocated to their individual sub-
account
(3) Funds allocated for the operation of the members office including
but not limited to the personnel costs of the members employees and
expenditures as authorized by the adopted rules of the Senate in the case of the
Senate member or the adopted rules ofthe House of Representatives in the case
of a House member such as a monthly stipend to defray travel and incidental
expenses for the purpose of attending to legislative business outside the
members senatorial district
(4) Allocation ofFTEs among House members shall be governed by the
rules of the House
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3
4
5
6
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8
9
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
(5) Allocation of FTEs among Senate members shall be governed by
the rules of the Senate
(d) Senate and House Leadership Accounts
(1) The Department of Finance shall establish and assign a number to
two new business unit accounts one entitled House Leadership Account for
the appropriation in the amount of $138000 under All Others and another
new business unit account entitled Senate Leadership Account for the
appropriation in the amount of $138000 under All Others
(2) The presiding officer of each respective house or his lawfully
authorized designee shall be the expenditure authority and shall use such funds
to support the operations and activities of the House of Representatives and
Senate in accordance with its rules provided that the presiding officer
distributes a portion of the total appropriation in equal amounts to all the
standing committees for their operations and activities
(e) Legislative Bureau The expenditure authority of the funds appropriated for
the Legislative Bureau shall be the Director of the Legislative Bureau or his or her
lawfully authorized designee
(f) Northern Marianas Youth Congress The expenditure authority is vested in
the Director of the Legislative Bureau with the consultation of the Speaker of the
Northern Mariana Islands Youth Congress
Section 704 Executive Branch
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SS1
1 There are hereby appropriated the following amounts to fund the personnel and
2 non-personnel expenses of the offices programs and activities of the Executive Branch
3 as listed below
4 FTE PERSONNEL OPERATIONS TOTAL
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
21
22
23
24
25
26
27
28
29 30 i31
Office ofGov
Attorney General
Commerce
Comm amp Cult Affairs
Corrections
Finance
Labor
Lands amp Natural Res
Public Health
Public Safety
Public Works
Total
140
42
32
88
96
163
44
98
485
258
129
1575 $45120729 $14184384 $59305113
Section 705 First Senatorial District Rota
(a) There is hereby appropriated the following amounts to fund the personnel
and non-personnel expenses as listed below of the First Senatorial District
Mayor
Municipal Coun
Commerce (econ Dev)
CampCA
Police (DPS)
Fire
Finance amp Actg
Revenue amp Tax
Customs
Procurement amp Supply
Labor
FTE PERSONNEL OPERATIONS
99
11
8
10
34
12
3
3
6
2
7
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
1 Agriculture 20
2 Historic Preservation 4
3 Lands Regisamp Survey 6
4 Fish amp Wildlife 5
5 Parks amp Recreation 4
6 Soil amp Water Consv
7 Rota Health Center 51
8 Dental Services 4
9 DPH Med Referral 5
10 Environmental Health 2
11 Public Works 23
12 Total 320 $5677593 $576487 $6256080
13 (b) The Rota Legislative Delegation shall determine by Local Delegation
14 Resolution the allocation of the funds appropriated for the First Senatorial District
15 (c) Except as provided in this section the Mayor ofRota shall have authority to
16 expend obligate encumber or otherwise commit the funds appropriated to the First
17 Senatorial District Notwithstanding any law to the contrary the Mayor of Rota shall
18 have 100 reprogramming authority of the funds appropriated in this Act
19 Appropriations to the Municipal Council shall be divided and distributed equally to
20 each member of the Municipal Council Each Municipal Council member shall be the
21 expenditure authority of funds distributed to himher Additionally in accord with the
22 Superior Courts decision in the case of Inos v Tenorio the Mayors shall also have
23 expenditure authority over resident government departments in the First and Second
24 senatorial districts respectively unless the Governor revokes expenditure authority in a
25 manner consistent with the Superior Courts holding in Inos v Tenorio to wit
26 expenditure authority over resident departments that are primarily concerned with the
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
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22
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
delivery of public services can be revoked only on a prior showing of just cause but
the Governor has discretion to revoke expenditure authority over those departments
that are primarily concerned with enforcing the law
(c) Rota Health Center Three hundred forty thousand ($34000000) from the
First Senatorial Districts budget appropriation is hereby allocated to pay for
professional services for nurses technicians and other medical and auxiliary
professionals as needed including one mental health counselor in the amount of Thirty
Three Thousand Dollars ($3300000)
(d) DPS Cadets One hundred seven thousand seven hundred eighty
($10778000) from the First Senatorial Districts budget appropriation is hereby
allocated for five (5) Full Time Equivalents (FTEs) for the Rota Department of Public
Safety of the total 329 FTEs to fully fund the five (5) 2010 DPS Academy graduates
from the First District who shall be placed as FTEs within the Rota Department of
Public Safety Any shortfall for overtime retirement or benefits shall be borne by the
municipality
(e) Dentist Seventy-seven thousand two hundred dollars ($77200) from the
First Senatorial Districts budget appropriation is hereby allocated for one (1) Full
Time Equivalent (FTE) to hire a dentist
Section 706 Second Senatorial District - Tinian amp Aguiguan
(a) There is hereby appropriated the following amounts to fund the personnel
and non-personnel expenses of the Second Senatorial District as listed below
FTE PERSONNEL OPERATIONS TOTAL
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SS1
Mayor 112
Municipal Council 3
Commerce (econo dev) 4
Historic Preservation 2
CampCA 3
Customs 3
Finance amp Acctg 2
Procurement amp Supply 2
Revenue amp Tax
Labor 8
Agriculture 15
Fish amp Wildlife 2
Parks amp Recreation 5
Environmental Health 4
Dental Services 3
Tinian Health Center 49
Police (DPS) 45
Public Works ~
Total 268 $5179361 $1076719
20 (b) The Tinian and Aguiguan Legislative Delegation shall determine by Local
21 Delegation Resolution the allocation of the funds appropriated for the Second
22 Senatorial District
23 (c) The Mayor and the Chairperson of the Municipal Council shall have the
24 expenditure authority for appropriations for their respective offices except as provided
25 below Notwithstanding any law to the contrary the Mayor of Tinian amp Aguiguan shall
26 have 100 reprogramming authority of the funds appropriated in this Act Each
27 Municipal Council member shall allocate and provide for the expenditure of the funds
28 appropriated to the Council in accordance with the Official Rules of the Council
29 Additionally in accord with the Superior Courts decision in the case of Inos v
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 lID1 SS1
Tenorio the Mayors shall also have expenditure authority over resident government
2 departments in the First and Second senatorial districts respectively unless the
3 Governor revokes expenditure authority in a manner consistent with the Superior
4 Courts holding in Inos v Tenorio to wit expenditure authority over resident
5 departments that are primarily concerned with the delivery of public services can be
6 revoked only on a prior showing of just cause but the Governor has discretion to
7 revoke expenditure authority over those departments that are primarily concerned with
8 enforcing the law
9 (d) Tinian Health Center Four hundred twenty seven thousand seven hundred
10 twenty seven and eighty one ($42772781) from the Second Senatorial Districts
11 budget appropriation is hereby allocated to pay for the direct hiring of nurses ancillary
12 staff and other needed administrative adjustments on personnel matters
13 (e) Tinian Municipal Council One hundred twenty three thousand four
14 hundred three ($123403) All Others appropriation of the Municipal Council is
15 hereby allocated as follows (1) $15000 for office rental and administrative purposes
16 and (2) $108403 for community projects and other functions ofwhich $75000 shall be
17 allocated to the chairman and the remaining balance shall be divided equally among the
18 other two members who shall be the expenditure authority of such funds
19 (f) Tinian Commerce Thirty eight thousand one hundred forty one ($38141)
20 is hereby allocated under AU Others for operations and office supplies
Section707 Third Senatorial District - Mayor ofSaipan Mayor of the Northern
Islands and Saipan and Northern Islands Municipal Council
PUBLIC LAW NO 17-21 HOUSE BILL l7~l23 HDl SSl
1 (a) There is hereby appropriated the following amounts to fund the personnel
2 and non-personnel expenses of the municipal governments of Saipan and the Northern
3 Islands as listed below
4 FTE PERSONNEL OPERATIONS TOTAL
5 Saipan Mayor 48 $875509 $248240 $1123257 6 NI Mayor 11 $192849 $86716 $279565
7 Saipan Mun Council 1 $34076 $27447 $61523
8 Total 60 $1102434 $362411 $1464845
9 (b) The Mayor of Saipan the Mayor of the Northern Islands and the
10 Chairperson of the Municipal Council for Saipan and the Northern Islands shall be the
11 expenditure authority for appropriations for their respective offices Notwithstanding
12 any law to the contrary the Mayors of Saipan and the Northern Islands respectively
13 shall have 100 reprogramming authority of the funds appropriated in this Act
14 Section 708 Autonomous Agencies
15 (a) There is hereby appropriated the following amounts to fund the following
16 autonomous agencies as listed below
17 FTE PERSONNEL OPERATIONS TOTAL
18 NMC 160 $4099229 $364235 $4464464
MVA 36 $832531 $1780496 $2611027
ajlst amp and SeRaterl Dist $369999 $36886611gtfif~tll~fu0 PSS ll13 $28521990 $2617529 $31140519f-AP( 21
22 BOE 2 $1372685 $26643 ~164~28
23 Total 1312 $33591435 $5148903 $38740338
24 (b) Northern Marianas College
25 (1) The president of the Northern Marianas College shall be the
26 expenditure authority of the appropriated funds
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2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
pfiuv~I tys
I I
20
21
(c) Marianas Visitors Authority
(1) The chairman of the Board of Directors of the Marianas Visitors
Authority shall be the expenditure authority ofthe appropriated funds
(2) Tlnee hundted sixty thousand ($360000) of the All OthelS
appropriation ofth Malianas Visitors Burau sball allocatd as follows
(i) One httndred 1vveftty thousRJJd ($120000) to susidiZle the
eftartef flights from Japan to Rota under the eKpndinY=e authority of the
Cbairman oftbe Marianas Visitors AQtborityen
(ii) One bll1dred Pyenellty tbollSaad ($120000) to promote and
market Tinian as a tourist destinatioR under the expenditure ffitthority of
the Chairman of the Mwianas Visitors Authoriry ctnd
(iii) 000 hundred tlJlnty thousand ($120000) to pay the
outstandiag KllT aGGount for completed Gbafter flights from Japan to
RotH under the expenditUfe authority of the Chairman of the Marianas
Visitor s 1AzYtbor~[
(d) Public School System
(1) The expenditure authority shall be the Commissioner of Education
or hislher designee
(2) No part of funds appropriated to BU 1607 the Public School
System shall be used to pay for any expense including but not limited to travel
or reimbursement of the Board of Education its board members and staff
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SS1
1 (e) Board of Education The chairperson of the Board of Education shall be the
2 expenditure authority of the appropriated funds
3 Section 709 Boards and Commissions
4 (a) There is hereby appropriated the following amounts to fund the following
5 boards and commissions as listed below
FTE PERSONNEL OPERATIONS
BPL
Civil Servo Comm
Election Comm
Total
3
4
1 14
$88732
$164803
$1762806
$430341
$13264
$2183
$932819
$109266
11 Section 710 Independent Programs
12 There is hereby appropriated the following amounts to fund the following
13 independent programs and activities as listed below
14 FTE PERSONNEL OPERATIONS TOTAL
15 Ayuda Network 18417 18417
16 Commonwealth Museum 4 96395 40140 136535
17 Domestic Violence 36834 36834
18 Humanities Council 4604 4604
19 JoetenlKiyu Public Library 7 128933 39674 168607
20 Marianas Bound - Karidat 54147 54147
21 Micronesian Legal Legal Services - 18417 18417
22 Nat Govs Assoc 40518 40518
23 Public Assis Program 17577 17577
24 Govt Utilities 7539509 7539509
25 Judgment 76258 76258
26 La Fiesta Lease 200000 200000
27 Aetna R-Off amp Ret -- 1463483 0 1463483
28 Total 11 1688811 8492643 10181454
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
(a) Joeten-Kiyu Public Library The expenditure authority shall be the
chairperson of the Commonwealth Library Council
(b) Public Assistance - Matching Funds The expenditure authority shall be
the Governor or his designee
(c) Judgments against the Government The expenditure authority shall be the
Secretary of Finance in consultation with the Attorney General
(d) Commonwealth Museum The chairperson of the Board of Governors of
the Commonwealth Museum or hislher designee shall be the expenditure authority
(e) Ayuda Network The expenditure authority shall be the chairperson of the
board of directors
(f) KARlDAT The executive director of Marianas Bound (KARlDAT) shall
be the expenditure authority
(g) Micronesian Legal Services The executive director of the Micronesian
Legal Services Corporation shall be the expenditure authority
(h) For programs and activities not specifically mentioned the expenditure
authority shall be the Secretary of Finance
Section 711 Other Programs
(a) There is hereby appropriated the following amounts to the following other
programs as listed below
FTE PERSONNEL OPERATIONS TOTAL
22
23
NMIOICC
Ret Pension GovLtGov
Ret PL5-3 (COLA)
1 $27476
$147506
o o
413276
$27476
$147506
$413276
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
1 Workers Comp Comm ~ $121061 129648 $250709
2 Total 6 $297751 $541216 $838967
3 Section 712 Department of Public Lands
4 (a) Pursuant to Section 103 of Public Law 15-2 $2820886 is appropriated to
5 the Department of Public Lands as follows
6 Personnel $1765104
7 Operations $1055782
8 Total $2820886
9 FTE Ceiling 65
10 No funds received or collected by or remitted to the Department of Public Lands
11 pursuant to Public Law 15-2 that are in excess of the amount appropriated in this
12 section may be reprogrammed or expended absent legislative appropriation or in
13 violation of the Constitution
14 Section 713 Reporting Requirements The expenditure authorities of the
15 foregoing activities listed in Chapter VII shall submit to the presiding officers of the
16 legislature at the end of each quarter an itemized report on the expenditures for
17 personnel and operations of each government entity and the payments of the public
18 auditors fee for the quarter ended and if applicable year-to-date totals as of the close
19 of the reporting period
20 Section 714 Compact Impact Funds
middot21 Compact Impact funds shall be used III accordance with the terms and
22 conditions set forth in the Grant Agreement and shall be used to defray qualified
23 expenses for the following activities
24 (a) Office of Public Defender $ 37151
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HDt SSI
1 (b) Dept of Community amp Cultural Affairs
2 (c) Dept of Corrections
3 (d) Dept of Public Health
4 (e) Department of Public Safety
5 Total
6 Section 715 Outside Sources
$ 44616
$ 154698
$ 536744
$ 1157234
$1930443
7 (a) Notwithstanding any law to the contrary the Governor is authorized to
8 transfer qualified operational expenses to available and unencumbered outside general
9 fund accounts not to exceed $3500000 which are hereby appropriated to pay for such
10 expenses
11 CHAPTER VIII GENERAL PROVISIONS
12 Section 801 Severability If any provision of this Act or its application to any
13 person or circumstance is held invalid the invalidity does not affect other provisions
14 or applications of the Act which can be given effect without the invalid provision or
middot15 applications and to this end the provisions ofthis Act are severable
16 Section 802 Savings Clause This Act and any repealer contained herein shall
middot17 not be construed as affecting any existing right acquired under contract or acquired
18 under statutes repealed or under any rule regulation or order adopted under the statutes
middot19 Repealers contained in this Act shall not affect any proceeding instituted under or
ao pursuant to prior law The enactment of this Act shall not have the effect of terminating
21 or in any way modifying any liability civil or criminal which shall already be in
22 existence at the date this Act becomes effective
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HDl SSI
1 Section 803 Effective Date This Act shall become law upon its approval by the
2 Governor or it becoming law without such approvaL
House Clerk
Certiiedby ~~f OILAN C ORiOSPEAKER
this
Governor
2010
Commonwealth ofthe Northern Mariana Islands
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HDl SSI
1310 Commerce - Economic Dev
1331 Commerce - Central Statistics
1332 Commerce - ABTC
1333 Commerce - Enforcement
(E) Department of Corrections which includes business units
1335 Department ofCorrections
(F) Department of Finance which includes business units
1100 DOF - Secretarys Office
1110 DOF Finance and Accounting SPN
1120 DOF Treasury
1130 DOF Revenue and Taxation - Saipan
1140 DOF Procurement -Saipan
1150 DOF Customs - Saipan
1160 DOF Electronic Data Processing
(G) Department ofLabor which includes business units
1275 Labor - Secretarys Office
1280 Labor - Labor
1283 Administrative Hearing Office
1330 Labor - Employment Services
3430 Labor - Enforcement Fund
(H) Department of Lands and Natural Resources which includes
business units
1400 DLNR - Secretarys Office
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
1 1410
2 1420
3 1440
4 1461
5 1467
DLNR - Agriculture - Saipan
DLNR - Fish amp Wildlife - Saipan
DLNR - Parks amp Grounds
DLNR - Soil amp Water (SPN amp NI)
DLNR - Land Registration amp Survey
(I) Department of Public Health which includes business units
7 1804
8 1878
9 1901
1905
1925
1951
1952
1970
1976
1979
1980
1983
1984
DPH - Commonwealth Health Center
DPH - Medical Supplies
DPH - Secretarys Office
DPH - Environmental Services (SPN)
DPH - Mental Health amp Social Services
DPH - Medicaid Reimbursement
DPH- CHIP
DPH - Dental Services - Saipan
DPH - General Public Health
DPH - Medical Referral
DPH - Medicaid Administration
DPH -Childrens Development amp Assistance Center
DPH - Transitional Living Center
(J) Department of Public Lands which includes business units
1950 Department of Public Lands
(K) Department of Public Safety which includes business units
1340 DPS - Commissioners Office
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HDl SSI
1 1350
2 1362
3 1365
4 1370
5 1380
6 1390
7 1360
8 1361
DPS - Police - Saipan
DPS - Administrative Div
DPS - Bureau of Motor Vehicles
DPS - Investigative Div
DPS - Fire
D PS - Boating Safety
DPS - Training and Academy
DPS - Criminal Justice Information Systems
(L) Department of Public Works which includes business units
10 1470
11 1471
12 1480
13 1484
14 1485
15 1486
16 1490
DPW - Building Safety Code
DPW - Secretarys Office
DPW - Operations amp Maintenance (SPN)
DPW - Roads and Grounds Div
DPW - Solid Waste Management
DPW - TransAutolHeavy Equipment Div
DPW - Technical Services
(4) First Senatorial District (Rota) which includes the following
18 business units
19 1065
1068
~ 21 1066
111222
1132
Office of the Mayor - Rota
Mayors Contingency Fund
Municipal Council - Rota
DOF - Finance amp Acctg - Rota
DOF - Revenue amp Tax - Rota
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1142 Finance - Procurement - Rota
1152 DOF - Customs - Rota
1232 Historic Preservation - Rota
1272 CCA - Sports amp Recreation- Rota
1282 DOL - Labor - Rota
1312 Commerce - Economic Dev - Rota
1352 DPS - Police - Rota
1353 DPS - Property and Protection Fire
1412 DLNR - Agriculture - Rota
1422 DLNR - Fish amp Wildlife - Rota
1442 DLNR - Parks amp Recreation - Rota
1463 DLNR - Soil amp Water Cons
1468 DLNR - Land Registration amp Survey
1482 DPW - Operations amp Maintenance - Rota
1523 Public Library - Rota
1912 DPH - Public Health - Rota
1957 DPH - Environmental Health - Rota
1989 DPH - Dental Services - Rota
3421 Youth Training
(5) Second Senatorial District (Tinian and Aguiguan) which
includes the following business units
1063 Mayor ofTinian - Office
1067 Mayors Contingency Fund
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
1 1064
2 1111
3 1131
4 1141
5 1151
6 1231
7 1271
8 1281
9 1311
10 1351
11 1411
12 1421
13 1441
14 1462
15 1481
16 1524
17 1906
18 1907
19 1911
20 3420
Municipal Council - Tinian
Finance amp Accounting - Tinian
DOF - Revenue amp Tax - Tinian
DOF - Procurement - Tinian
DOF - Customs - Tinian
CCA - Historic Preservation - Tinian
CCA - Sports amp Rec - Tinian
Labor - Labor - Tinian
Commerce - Economic Dev - Tinian
DPS - Police - Tinian
DLNR - Agriculture - Tinian
DLNR - Fish amp Wildlife - Tinian
DLNR - Parks amp Recreation - Tinian
DLNR - Soil amp Water Cons - Tinian
DPW - Operations amp Maintenance - Tinian
Public Library - Tinian
DPH - Public Health - Tinian
DPH - Dental Services - Tinian
DPH - Environmental Health - Tinian
Youth Training
lt21 (6) Third Senatorial District (Saipan and the Northern Islands)
which includes the following governmental offices
23 1060 Mayor ofNorthern Islands
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
1061 Mayor of Saipan - Mayors Office
1059 Mayors Contingency Account
1062 Saipan and Northern Islands - Municipal Council
(7) All government corporations as defined in 1 CMC sect7103(n)
for which budget authority is herein provided including the following
(A) Commonwealth Development Authority
(B) Commonwealth Ports Authority
(C) Commonwealth Utilities Corporation
(D) Marianas Public Land Trust
(E) Northern Marianas Housing Corporation
(F) Northern Marianas Retirement Fund
(G) Public Utilities Commission
(8) Boards and Commissions which includes the following
business units
1540 Civil Service Commission
1551 Commission on Election
1556 Board of Professional Licensing
(9) Other Programs and Autonomous Agencies which includes the
following business units
1600 Workers Compensation Commission
1601 Governor I Lt Gov Pension
1602 Retirement COLA PL 5-38-39-25
1603 NMIOIC
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
Aetna R -Off amp Ret
(10) Public Corporations which includes the following business
units
1605 Northern Marianas College
3450 NMC - Apprentice Program
1606 Marianas Visitors Authority
1001 Board Of Education
1607 Public School System
(c) Independent programs means government programs under
separate boards established by law (unless receiving appropriations or
budget authority under another heading) specialized general items of
appropriations and those non-profit corporations and associations or
organizations established outside of the Government of the
Commonwealth of the Northern Mariana Islands to which the
Commonwealth Government provides financial assistance including
business units
1592 Joeten-Kiyu Public Library
1515 Public Assistance Program Matching Funds
1623 Judgments Against Government
3661 Commonwealth Museum
New La Fiesta Lease
1549 Council for the Humanities
23 1562 Ayuda Network
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1568 Domestic Violence
1570 National Governors Association
1577 Karidat
1580 Micronesian Legal Services
1591 Utilities - CNMI Government
(d) Local funds means locally generated revenues and revenues
received pursuant to Section 702 (a) of the Covenant
(e) Operations means appropriations for all lawful activities
other than personnel
(f) Personnel means appropriations for salaries employers
contribution to the Northern Marianas Retirement Fund the Defined
Contribution Plan overtime night differential hazardous pay and other
employee wages and benefits
(g) Position or Full-Time Equivalent (FTE) means the
maximum number of persons that may be employed pursuant to Article
X Section 7 of the Commonwealth Constitution but does not include
Workforce Investment Agency substitute teachers summer trainees
teacher aides physicians licensed professional nurses and licensed allied
health providers working part-time and paid only for instructional time
student teacher trainees or short-term specialized instructors such as
visiting artists performers writers and the like For purposes of this
exception part-time means employment not exceeding 40 hours in any
biweekly pay period and short-term meansmiddot not more than 90
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 DD1 SS1
instructional days employment within the Public School System during the
fiscal year
CHAPTER ll ESTIMATED REVENUES
Section 201 Estimated Revenues Pursuant to House Concurrent
Resolution No 17-2 HDl the total estimated revenues and resources approved
and identified for FY 2011 are as follows
L Total identified budgetary resources $149171000
II This amount is subject to the following adjustments
(a) Less revenue transfer to other funds
(1) PL 13-38 Cigarette Excise Tax to Tobacco Control lt1365000gt
(2) 10 Excise Tax Transfer to Solid Waste Revolving Fund lt1585000gt
(3) CIQ reimbursement for airport overtime lt475000gt
(4) 4 CMC Section 1803 (b) NMIRF Hotelcontainer tax per court order
lt1690000gt
(5) 4 CMC Section 1803 (b) MV A hotel container tax earmarking
lt3835000gt
(b) Less debt services previously appropriated
(1) 2003A $40 million bond repayment lt$369000gt
(2) 2007 A refunding bond payment lt$5152500gt
(3) 2007B refunding bond payment lt$2134500gt
(c) Deficit Reduction $
Subtotal lt$16606000gt
(d) Net FY 2011 budgetary resources available for appropriation $132565000
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSt
1 ( e) Department of Public Lands $2820866
2 Grand Total
3 Notwithstanding 1 CMC 7204 funds appropriated for FY2011 shall be
4 allotted monthly
5 Section 202 Suspension of Earmarked Funds Except for debt service
6 obligations and other earmarking of funds as permitted in Section 201 of this
7 Chapter the earmarking reservation commitment allotment or allocation of
8 funds pursuant to the following public laws are hereby suspended for Fiscal Year
9 2011
10 (a) Public Laws 15-5 and 14-54 (Non-resident Worker Fund Fees
11 to NMC and PSS and 10 of Gaming Jackpot Tax to PSS) and
12 (b) 4 CMC sect 1508(a) and (b) (10 of General Fund poker fees to
13 the Human Resources Development Fund [WIA] and 50 to the
14 Retirement Fund)
15 CHAPTER III
16 GOVERNMENT CORPORATIONS AND DESIGNATED
17 AGENCIESACTIVITIES
18 Section 301 Appropriation and Budget Authority Pursuant to 1 CMC sect
19 7206 and as provided herein budget and expenditure authority for the following
20 activities is hereby approved Expenditures in excess of the budget authority
21 approved herein for agencies to which public funds are appropriated shall not be
22 incurred or committed and hiring in excess of FTE ceilings is prohibited unless
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HDl SSI
1 authorized by a legislative joint resolution in accordance with Section 7 Article X
2 of the NMI Constitution
3 ACTIVITIES FTE OPERATIONS TOTAL
4 (a) Commonwealth Development Authority 27 758386 452691 1211077
5 (b) Commonwealth Ports Authority no submittal
6 (c) CNMI Govt Health amp Life Ins --------------------Privatized ------------------shy
7 (d) Commonwealth Utilities Corporation no submittal
8 (e) NM Housing Corporation 24 1110989 1113108 2224097
9 (f) NMI Ret Fund 27 1353669 76659330 78012999
10 (g) Office ofthe Public Auditor 30 1818525 755700 2574225
11 (h) Public Utilities Commission 55553 137550 193103
12 Grand Total 109 $520972122 $7921182379 8422152501
13 Notwithstanding the above dollar amounts the entities above shall expend only
14 the lesser of funds actually generated collected or received or the amounts
15 indicated above
16 Section 302 Prior Certification of Funds
17 No person shall be employed or enter into contractual relationship with the
18 Commonwealth or any government entity therein without first receiving from the
19 Secretary of the Department of Finance certification that lawful and sufficient
20 funds for the purpose are available For purposes of this section professional
21 services shall include but not be limited to services provided by engineers
22 accountants physicians lawyers and other similar professionals
23 Section 303 Reporting Requirement The expenditure authorities of the
24 foregoing activities listed in Section 301 shall submit to the presiding officers of
25 the legislature at the end of each quarter an itemized report on the expenditures
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PUBLIC LAW NO 17-21
HOUSE BILL t7~t23 HDt SSt
for personnel and operations of each government entity and the payments of the
public auditors fee for the quarter ended and if applicable year~to-date totals as
of the close of the reporting period
CHAPTERIV ADMINISTRATION OF APPROPRIATED FUNDS
Section 401 Management of Funds
The expenditure of the funds appropriated and allocated under this Act
shall be regulated and controlled by the Secretary of Finance so that no agency
department instrumentality program or activity may expend the funds contrary
to the law or fiscal management policies and practices of the Commonwealth
Provided further that in addition to the report required under 1 CMC sect7209 the
Secretary ofFinance shall submit at the end of each quarter an itemized report on
the expenditures for personnel and operations of each business unit funded in
whole or in part by the General Fund for the quarter ended and if applicable
year-to-date totals as of the close of the reporting period
Section 402 Notwithstanding 1 CMC sect 7204 without prior legislative
approval consultation and concurrence no funds appropriated in this Act shall be
reduced or reprogrammed by the Governor except as provided herein
Section 403 FTE Ceiling
(a) Employment Ceilings Pursuant to Article X sect 7 of the
Commonwealth Constitution the employment ceilings are hereby established as
21 set forth herein
Section 404 Expenditure Authority 22
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SS1
(a) The distribution and expenditure of funds shall be in compliance with
the fiscal expenditure authority the listed agencies have pursuant to statute and the
administrative provisions of this Act as set forth herein
(b) Except as provided in this Act the funds appropriated pursuant to this
Act shall be expended by the respective expenditure authority pursuant to 1 CMC
sectsect 7401 and 7503
(c) For the Ground Water Management and Protection Act Fund
expenditure authority is vested in the Director of the Division of Environmental
Quality
(d) For all government agencies receiving appropriated funds for
personnel or staff housing administrative and expenditure authority over housing
and accompanying funds including but not limited to approval of lease
agreements is vested in the appropriate agency officials designated by law as
having expenditure authority
(e) For the Domestic Violence Task Force expenditure authority is vested
in the Family Violence Task Force chairperson with concurrence of the Family
Violence Task Force coordinator
(f) For Crime Stoppers International the chairperson of the board of the
directors shall be the expenditure authority
(g) For Independent Programs unless otherwise provided in this Act or in
any other provision of law expenditure authority shall be vested in the Secretary
ofFinance
23 CHAPTER V REPROGRAMMING AUTHORITY
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 lID1 SSI
Section 501 Reprogramming Authority
2 (a) Unless otherwise specified in this act authority to reprogram
3 appropriated funds shall be as provided under I CMC sectsect 7402 and 7504
4 (b) Provided however 1 CMC sectsect 7402 (b) is hereby suspended for the
5 period of this Act Governor shall have 100 reprogramming authority on funds
6 appropriated under Section 704 of this Act
7 (c) Notwithstanding any law to the contrary the Governors authority to
8 reprogram funds under this section shall include the authority to reprogram funds
9 available to all public corporations agencies and entities of the Commonwealth
10 Government upon approval by joint approval ofthe legislature provided that such
11 funds are not restricted from reprogramming by federal law federal grant
12 conditions Commonwealth constitutional prohibitions and deposit and other
13 security restrictions related to bond covenants and the financing of public
14 projects
15 CHAPTER VI SUPPLEMENTAL ADMINISTRATIVE PROVISIONS
16 Section 601 Utilities The amount of $7539509 included in the
17 Independent Programs shall be appropriated for the payment of utilities for the
18 branches departments and agencies of the Commonwealth government except
19 the business units listed in Section 103(b)(7) and the Public School System and
20 the Northern Marianas College
-21 Section 602 Hiring Restriction
22 (a) As long as work hours and wages are reduced no vacancies shall be
23 filled except for critical and emergency positions provided that until a law is
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
passed defining critical and emergency positions said critical and emergency
2 positions must be approved by joint approval of the legislature
3 (b) In order to reduce the size of the Government except for the Public
4 School System the Northern Marianas College and health care professionals of
5 the Department of Public Health and Environmental Services any FTE (full-time
6 equivalent) that becomes vacant shall be eliminated The renewal of the contract
7 for an existing employee shall not be considered creating a vacant position If a
8 new position or vacant position is necessary to be filled to protect the health
9 safety and welfare of the public the expenditure authority may request the
10 Legislature to establish a new FTE by joint resolution The appropriations set
11 forth in Section 704 are contingent on this section remaining in this Appropriation
12 Act
13 Section 603 Litigation Expenditures Restricted
14 Except for the governor the attorney general the chief justice of the
15 Commonwealth supreme court presiding officers of the legislature mayors and
16 municipal councils and notwithstanding any law to the contrary no agency
17 expenditure authority may use any part of their appropriations in connection with
18 prosecuting a legal matter against another agency unless authorized by the chief
19 justice in the case of agencies within the judicial branch the governor in the case
20 of agencies within the executive branch and the presiding officers in the case of
21 agencies within the legislative branch and mayors in the case of agencies under
22 their authority The terms agency and agencies as used in this section shall be
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HDl SSI
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2 Commonwealth Government
Section 604 Public Auditors Fee
The Public Auditors Fee is 1 (one percent) of the total appropriations
for each instrumentality department agency corporation and budget activity of
the CNMI Government Notwithstanding any other provision of law any lapsed
funds from the Office of Public Auditor shall be applied to CNMI deficit
reduction only Agencies that are not funded by the general fund listed in section
301 (a)-(h) shall remit their respective fee on a monthly basis to the Department
ofFinance
Section 605 Legal Holidays
(a) The following laws and regulations providing for payment of legal
holidays are repealed during fiscal year 2011
1 CMC sect312 and sect313
Title 10 NMIAC sect10-lO-135G) (Excepted Service)
Title 10 NMIAC sectlO-202-346 (Civil Service Executive Branch)
Title lO NMIAC sect lO-30-344 (Civil Service Judicial Branch)
Title 40 NMIAC sect40-40-425 (Commonwealth Ports Authority)
Title 60 NMIAC sect60-301-444 (Public School System)
Title 100 NMIAC sect 100-50-430 (Northern Marianas Housing
Corporation)
Title 120 NMIAC sect120-lO-230 (Excepted Service) and
Title 130 NMIAC 130-20-330 (Office of the Public Auditor)
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HDl SSI
1 (b) Any employee required to work on a legal holiday shall be paid hislher
2 regular salary
3 (c) From the legal holidays listed in 1 CMC sect311 the Governor may
4 select one or more legal holidays for fiscal year 2011 for which employees shall
5 receive leave with pay
6 (d) Although leave with pay is not required for legal holidays during
7 Fiscal Year 2011 expenditure authorities may grant leave with pay for their
8 employees if they have available funds in their personnel account
9 CHAPTER VII APPROPRIATIONS
10 Section 701 In General
11 (a) Funds designated in Chapter II as available for appropriation for FY 2011
12 are hereby appropriated pursuant to this Chapter
13 (b) A business units FTE ceiling shall be established in this Chapter No
14 business unit shall exceed its FTE ceiling unless authorized by this Act or joint
15 resolution of the legislature
16 (c) Reduction in the Level of Appropriations In order to provide expenditure
17 authorities with flexibility in determining the allocation of funding for their operations
18 expenditure authorities must reduce their expenditures to achieve the level of
19 appropriation under this Act
20 Expenditure authorities may reduce previous levels ofexpenditure by
21 (1) A reduction in work hours
22 (2) A reduction in wages
23 (3) Furlough
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
1 (4) A reduction in force
2 (5) A reduction in expenditures for all others or
3 (6) A combination of reductions under subsections (1) through (5)
4 (d) The reduction in work hours shall not exceed 16 hours per bi-weekly pay
5 period If sufficient additional resources are not identified during the first quarter of
6 FY 2011 to allow an increase in work hours the reduction in work hours may be
7 continued
8 (e) Suspension of Restrictions on Reprogramming To provide for the
9 reprogramming between personnel and non-personnel accounts 1 CMC sect7402(c) is
10 suspended for the period that this Act is in effect
11 (f) Provided however that during the period of this Act no funds shall be I I
12 reprogrammed from non-personnel accounts to personnel accounts to increase any
13 salaries from its current level
14 Section 702 Judicial Branch
15 (a) There is hereby appropriated the following amounts to fund the personnel
16 and non-personnel expenses as listed below of the Judicial branch
17 FTE PERSONNEL OPERATIONS TOTAL
18 Supreme Court 11 792333 3639 795972
19 Superior Court 45 1714552 160961 1875513
20 Administration 13 295435 217240 512675
21 Law Revision Comm 5 132442 6245 138687
22 TOTAL 74 $2934762 $388085 $3322847
23 Section 703 Legislative Branch
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
1 (a) In accordance with Article II sect16(b) and (c) of the NMI Constitution as
2 amended by Legislative Initiative 10-8 the following amounts are hereby appropriated
3 to fund the personnel retirement contribution and non-personnel expenses as listed
4 below of the Legislative branch
5 FTE PERSONNEL OPERATIONS TOTAL
6 House Members Salary 20 954597 954597
7 House Members Allocation 100 1700000 1700000
8 House Leadership Allocation 138000 138000
9 Senate 9 431141 431141
10 Senate Members Allocation 45 765000 765000
11 Senate Leadership Allocation 138000 138000
12 Legislative Bureau 28 1274764 167000 1441764
13 CNMI Youth Congress 1 21167 20000 41167
14 TOTAL 203 $2681669 $2928000 $5609669
15 (b) Salaries of Legislative Members
16 (1) The amount appropriated under this section to the House of
17 Representatives under personnel shall be used to fund the salaries and
18 benefits of the members of the House of Representatives The expenditure
19 authority for the amounts appropriated shall be the Secretary of Finance
20 (2) The amount appropriated under this section to the Senate under
21 personnel shall be used to fund the salaries and benefits of the members of the
22 Senate The expenditure authority for the amounts appropriated shall be the
23 Secretary of Finance
24 (c) House Members Office Accounts and Employees
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
(1) The Department of Finance shall establish and assign a number to a
new business unit account entitled House Members Office Accounts for the
appropriation for House Members Allocation Another new business unit
account entitled Senate Members Office Accounts for the appropriation for
Senate Members Allocation Under each of these said accounts an equal
amount of the appropriation shall be allocated to subaccount further established
thereunder for each member of the respective house for the operations of the
members office as permitted under section 16 of article II of the CNMI
Constitution applicable laws and the rules of the legislative body to which the
member was elected
(2) Notwithstanding 1 CMC sect7401(c) to the contrary each member
shall be the expenditure authority of the funds allocated to their individual sub-
account
(3) Funds allocated for the operation of the members office including
but not limited to the personnel costs of the members employees and
expenditures as authorized by the adopted rules of the Senate in the case of the
Senate member or the adopted rules ofthe House of Representatives in the case
of a House member such as a monthly stipend to defray travel and incidental
expenses for the purpose of attending to legislative business outside the
members senatorial district
(4) Allocation ofFTEs among House members shall be governed by the
rules of the House
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
(5) Allocation of FTEs among Senate members shall be governed by
the rules of the Senate
(d) Senate and House Leadership Accounts
(1) The Department of Finance shall establish and assign a number to
two new business unit accounts one entitled House Leadership Account for
the appropriation in the amount of $138000 under All Others and another
new business unit account entitled Senate Leadership Account for the
appropriation in the amount of $138000 under All Others
(2) The presiding officer of each respective house or his lawfully
authorized designee shall be the expenditure authority and shall use such funds
to support the operations and activities of the House of Representatives and
Senate in accordance with its rules provided that the presiding officer
distributes a portion of the total appropriation in equal amounts to all the
standing committees for their operations and activities
(e) Legislative Bureau The expenditure authority of the funds appropriated for
the Legislative Bureau shall be the Director of the Legislative Bureau or his or her
lawfully authorized designee
(f) Northern Marianas Youth Congress The expenditure authority is vested in
the Director of the Legislative Bureau with the consultation of the Speaker of the
Northern Mariana Islands Youth Congress
Section 704 Executive Branch
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SS1
1 There are hereby appropriated the following amounts to fund the personnel and
2 non-personnel expenses of the offices programs and activities of the Executive Branch
3 as listed below
4 FTE PERSONNEL OPERATIONS TOTAL
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
21
22
23
24
25
26
27
28
29 30 i31
Office ofGov
Attorney General
Commerce
Comm amp Cult Affairs
Corrections
Finance
Labor
Lands amp Natural Res
Public Health
Public Safety
Public Works
Total
140
42
32
88
96
163
44
98
485
258
129
1575 $45120729 $14184384 $59305113
Section 705 First Senatorial District Rota
(a) There is hereby appropriated the following amounts to fund the personnel
and non-personnel expenses as listed below of the First Senatorial District
Mayor
Municipal Coun
Commerce (econ Dev)
CampCA
Police (DPS)
Fire
Finance amp Actg
Revenue amp Tax
Customs
Procurement amp Supply
Labor
FTE PERSONNEL OPERATIONS
99
11
8
10
34
12
3
3
6
2
7
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
1 Agriculture 20
2 Historic Preservation 4
3 Lands Regisamp Survey 6
4 Fish amp Wildlife 5
5 Parks amp Recreation 4
6 Soil amp Water Consv
7 Rota Health Center 51
8 Dental Services 4
9 DPH Med Referral 5
10 Environmental Health 2
11 Public Works 23
12 Total 320 $5677593 $576487 $6256080
13 (b) The Rota Legislative Delegation shall determine by Local Delegation
14 Resolution the allocation of the funds appropriated for the First Senatorial District
15 (c) Except as provided in this section the Mayor ofRota shall have authority to
16 expend obligate encumber or otherwise commit the funds appropriated to the First
17 Senatorial District Notwithstanding any law to the contrary the Mayor of Rota shall
18 have 100 reprogramming authority of the funds appropriated in this Act
19 Appropriations to the Municipal Council shall be divided and distributed equally to
20 each member of the Municipal Council Each Municipal Council member shall be the
21 expenditure authority of funds distributed to himher Additionally in accord with the
22 Superior Courts decision in the case of Inos v Tenorio the Mayors shall also have
23 expenditure authority over resident government departments in the First and Second
24 senatorial districts respectively unless the Governor revokes expenditure authority in a
25 manner consistent with the Superior Courts holding in Inos v Tenorio to wit
26 expenditure authority over resident departments that are primarily concerned with the
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2
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
delivery of public services can be revoked only on a prior showing of just cause but
the Governor has discretion to revoke expenditure authority over those departments
that are primarily concerned with enforcing the law
(c) Rota Health Center Three hundred forty thousand ($34000000) from the
First Senatorial Districts budget appropriation is hereby allocated to pay for
professional services for nurses technicians and other medical and auxiliary
professionals as needed including one mental health counselor in the amount of Thirty
Three Thousand Dollars ($3300000)
(d) DPS Cadets One hundred seven thousand seven hundred eighty
($10778000) from the First Senatorial Districts budget appropriation is hereby
allocated for five (5) Full Time Equivalents (FTEs) for the Rota Department of Public
Safety of the total 329 FTEs to fully fund the five (5) 2010 DPS Academy graduates
from the First District who shall be placed as FTEs within the Rota Department of
Public Safety Any shortfall for overtime retirement or benefits shall be borne by the
municipality
(e) Dentist Seventy-seven thousand two hundred dollars ($77200) from the
First Senatorial Districts budget appropriation is hereby allocated for one (1) Full
Time Equivalent (FTE) to hire a dentist
Section 706 Second Senatorial District - Tinian amp Aguiguan
(a) There is hereby appropriated the following amounts to fund the personnel
and non-personnel expenses of the Second Senatorial District as listed below
FTE PERSONNEL OPERATIONS TOTAL
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SS1
Mayor 112
Municipal Council 3
Commerce (econo dev) 4
Historic Preservation 2
CampCA 3
Customs 3
Finance amp Acctg 2
Procurement amp Supply 2
Revenue amp Tax
Labor 8
Agriculture 15
Fish amp Wildlife 2
Parks amp Recreation 5
Environmental Health 4
Dental Services 3
Tinian Health Center 49
Police (DPS) 45
Public Works ~
Total 268 $5179361 $1076719
20 (b) The Tinian and Aguiguan Legislative Delegation shall determine by Local
21 Delegation Resolution the allocation of the funds appropriated for the Second
22 Senatorial District
23 (c) The Mayor and the Chairperson of the Municipal Council shall have the
24 expenditure authority for appropriations for their respective offices except as provided
25 below Notwithstanding any law to the contrary the Mayor of Tinian amp Aguiguan shall
26 have 100 reprogramming authority of the funds appropriated in this Act Each
27 Municipal Council member shall allocate and provide for the expenditure of the funds
28 appropriated to the Council in accordance with the Official Rules of the Council
29 Additionally in accord with the Superior Courts decision in the case of Inos v
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 lID1 SS1
Tenorio the Mayors shall also have expenditure authority over resident government
2 departments in the First and Second senatorial districts respectively unless the
3 Governor revokes expenditure authority in a manner consistent with the Superior
4 Courts holding in Inos v Tenorio to wit expenditure authority over resident
5 departments that are primarily concerned with the delivery of public services can be
6 revoked only on a prior showing of just cause but the Governor has discretion to
7 revoke expenditure authority over those departments that are primarily concerned with
8 enforcing the law
9 (d) Tinian Health Center Four hundred twenty seven thousand seven hundred
10 twenty seven and eighty one ($42772781) from the Second Senatorial Districts
11 budget appropriation is hereby allocated to pay for the direct hiring of nurses ancillary
12 staff and other needed administrative adjustments on personnel matters
13 (e) Tinian Municipal Council One hundred twenty three thousand four
14 hundred three ($123403) All Others appropriation of the Municipal Council is
15 hereby allocated as follows (1) $15000 for office rental and administrative purposes
16 and (2) $108403 for community projects and other functions ofwhich $75000 shall be
17 allocated to the chairman and the remaining balance shall be divided equally among the
18 other two members who shall be the expenditure authority of such funds
19 (f) Tinian Commerce Thirty eight thousand one hundred forty one ($38141)
20 is hereby allocated under AU Others for operations and office supplies
Section707 Third Senatorial District - Mayor ofSaipan Mayor of the Northern
Islands and Saipan and Northern Islands Municipal Council
PUBLIC LAW NO 17-21 HOUSE BILL l7~l23 HDl SSl
1 (a) There is hereby appropriated the following amounts to fund the personnel
2 and non-personnel expenses of the municipal governments of Saipan and the Northern
3 Islands as listed below
4 FTE PERSONNEL OPERATIONS TOTAL
5 Saipan Mayor 48 $875509 $248240 $1123257 6 NI Mayor 11 $192849 $86716 $279565
7 Saipan Mun Council 1 $34076 $27447 $61523
8 Total 60 $1102434 $362411 $1464845
9 (b) The Mayor of Saipan the Mayor of the Northern Islands and the
10 Chairperson of the Municipal Council for Saipan and the Northern Islands shall be the
11 expenditure authority for appropriations for their respective offices Notwithstanding
12 any law to the contrary the Mayors of Saipan and the Northern Islands respectively
13 shall have 100 reprogramming authority of the funds appropriated in this Act
14 Section 708 Autonomous Agencies
15 (a) There is hereby appropriated the following amounts to fund the following
16 autonomous agencies as listed below
17 FTE PERSONNEL OPERATIONS TOTAL
18 NMC 160 $4099229 $364235 $4464464
MVA 36 $832531 $1780496 $2611027
ajlst amp and SeRaterl Dist $369999 $36886611gtfif~tll~fu0 PSS ll13 $28521990 $2617529 $31140519f-AP( 21
22 BOE 2 $1372685 $26643 ~164~28
23 Total 1312 $33591435 $5148903 $38740338
24 (b) Northern Marianas College
25 (1) The president of the Northern Marianas College shall be the
26 expenditure authority of the appropriated funds
i
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2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
pfiuv~I tys
I I
20
21
(c) Marianas Visitors Authority
(1) The chairman of the Board of Directors of the Marianas Visitors
Authority shall be the expenditure authority ofthe appropriated funds
(2) Tlnee hundted sixty thousand ($360000) of the All OthelS
appropriation ofth Malianas Visitors Burau sball allocatd as follows
(i) One httndred 1vveftty thousRJJd ($120000) to susidiZle the
eftartef flights from Japan to Rota under the eKpndinY=e authority of the
Cbairman oftbe Marianas Visitors AQtborityen
(ii) One bll1dred Pyenellty tbollSaad ($120000) to promote and
market Tinian as a tourist destinatioR under the expenditure ffitthority of
the Chairman of the Mwianas Visitors Authoriry ctnd
(iii) 000 hundred tlJlnty thousand ($120000) to pay the
outstandiag KllT aGGount for completed Gbafter flights from Japan to
RotH under the expenditUfe authority of the Chairman of the Marianas
Visitor s 1AzYtbor~[
(d) Public School System
(1) The expenditure authority shall be the Commissioner of Education
or hislher designee
(2) No part of funds appropriated to BU 1607 the Public School
System shall be used to pay for any expense including but not limited to travel
or reimbursement of the Board of Education its board members and staff
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SS1
1 (e) Board of Education The chairperson of the Board of Education shall be the
2 expenditure authority of the appropriated funds
3 Section 709 Boards and Commissions
4 (a) There is hereby appropriated the following amounts to fund the following
5 boards and commissions as listed below
FTE PERSONNEL OPERATIONS
BPL
Civil Servo Comm
Election Comm
Total
3
4
1 14
$88732
$164803
$1762806
$430341
$13264
$2183
$932819
$109266
11 Section 710 Independent Programs
12 There is hereby appropriated the following amounts to fund the following
13 independent programs and activities as listed below
14 FTE PERSONNEL OPERATIONS TOTAL
15 Ayuda Network 18417 18417
16 Commonwealth Museum 4 96395 40140 136535
17 Domestic Violence 36834 36834
18 Humanities Council 4604 4604
19 JoetenlKiyu Public Library 7 128933 39674 168607
20 Marianas Bound - Karidat 54147 54147
21 Micronesian Legal Legal Services - 18417 18417
22 Nat Govs Assoc 40518 40518
23 Public Assis Program 17577 17577
24 Govt Utilities 7539509 7539509
25 Judgment 76258 76258
26 La Fiesta Lease 200000 200000
27 Aetna R-Off amp Ret -- 1463483 0 1463483
28 Total 11 1688811 8492643 10181454
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
(a) Joeten-Kiyu Public Library The expenditure authority shall be the
chairperson of the Commonwealth Library Council
(b) Public Assistance - Matching Funds The expenditure authority shall be
the Governor or his designee
(c) Judgments against the Government The expenditure authority shall be the
Secretary of Finance in consultation with the Attorney General
(d) Commonwealth Museum The chairperson of the Board of Governors of
the Commonwealth Museum or hislher designee shall be the expenditure authority
(e) Ayuda Network The expenditure authority shall be the chairperson of the
board of directors
(f) KARlDAT The executive director of Marianas Bound (KARlDAT) shall
be the expenditure authority
(g) Micronesian Legal Services The executive director of the Micronesian
Legal Services Corporation shall be the expenditure authority
(h) For programs and activities not specifically mentioned the expenditure
authority shall be the Secretary of Finance
Section 711 Other Programs
(a) There is hereby appropriated the following amounts to the following other
programs as listed below
FTE PERSONNEL OPERATIONS TOTAL
22
23
NMIOICC
Ret Pension GovLtGov
Ret PL5-3 (COLA)
1 $27476
$147506
o o
413276
$27476
$147506
$413276
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
1 Workers Comp Comm ~ $121061 129648 $250709
2 Total 6 $297751 $541216 $838967
3 Section 712 Department of Public Lands
4 (a) Pursuant to Section 103 of Public Law 15-2 $2820886 is appropriated to
5 the Department of Public Lands as follows
6 Personnel $1765104
7 Operations $1055782
8 Total $2820886
9 FTE Ceiling 65
10 No funds received or collected by or remitted to the Department of Public Lands
11 pursuant to Public Law 15-2 that are in excess of the amount appropriated in this
12 section may be reprogrammed or expended absent legislative appropriation or in
13 violation of the Constitution
14 Section 713 Reporting Requirements The expenditure authorities of the
15 foregoing activities listed in Chapter VII shall submit to the presiding officers of the
16 legislature at the end of each quarter an itemized report on the expenditures for
17 personnel and operations of each government entity and the payments of the public
18 auditors fee for the quarter ended and if applicable year-to-date totals as of the close
19 of the reporting period
20 Section 714 Compact Impact Funds
middot21 Compact Impact funds shall be used III accordance with the terms and
22 conditions set forth in the Grant Agreement and shall be used to defray qualified
23 expenses for the following activities
24 (a) Office of Public Defender $ 37151
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HDt SSI
1 (b) Dept of Community amp Cultural Affairs
2 (c) Dept of Corrections
3 (d) Dept of Public Health
4 (e) Department of Public Safety
5 Total
6 Section 715 Outside Sources
$ 44616
$ 154698
$ 536744
$ 1157234
$1930443
7 (a) Notwithstanding any law to the contrary the Governor is authorized to
8 transfer qualified operational expenses to available and unencumbered outside general
9 fund accounts not to exceed $3500000 which are hereby appropriated to pay for such
10 expenses
11 CHAPTER VIII GENERAL PROVISIONS
12 Section 801 Severability If any provision of this Act or its application to any
13 person or circumstance is held invalid the invalidity does not affect other provisions
14 or applications of the Act which can be given effect without the invalid provision or
middot15 applications and to this end the provisions ofthis Act are severable
16 Section 802 Savings Clause This Act and any repealer contained herein shall
middot17 not be construed as affecting any existing right acquired under contract or acquired
18 under statutes repealed or under any rule regulation or order adopted under the statutes
middot19 Repealers contained in this Act shall not affect any proceeding instituted under or
ao pursuant to prior law The enactment of this Act shall not have the effect of terminating
21 or in any way modifying any liability civil or criminal which shall already be in
22 existence at the date this Act becomes effective
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HDl SSI
1 Section 803 Effective Date This Act shall become law upon its approval by the
2 Governor or it becoming law without such approvaL
House Clerk
Certiiedby ~~f OILAN C ORiOSPEAKER
this
Governor
2010
Commonwealth ofthe Northern Mariana Islands
6
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
1 1410
2 1420
3 1440
4 1461
5 1467
DLNR - Agriculture - Saipan
DLNR - Fish amp Wildlife - Saipan
DLNR - Parks amp Grounds
DLNR - Soil amp Water (SPN amp NI)
DLNR - Land Registration amp Survey
(I) Department of Public Health which includes business units
7 1804
8 1878
9 1901
1905
1925
1951
1952
1970
1976
1979
1980
1983
1984
DPH - Commonwealth Health Center
DPH - Medical Supplies
DPH - Secretarys Office
DPH - Environmental Services (SPN)
DPH - Mental Health amp Social Services
DPH - Medicaid Reimbursement
DPH- CHIP
DPH - Dental Services - Saipan
DPH - General Public Health
DPH - Medical Referral
DPH - Medicaid Administration
DPH -Childrens Development amp Assistance Center
DPH - Transitional Living Center
(J) Department of Public Lands which includes business units
1950 Department of Public Lands
(K) Department of Public Safety which includes business units
1340 DPS - Commissioners Office
9
17
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HDl SSI
1 1350
2 1362
3 1365
4 1370
5 1380
6 1390
7 1360
8 1361
DPS - Police - Saipan
DPS - Administrative Div
DPS - Bureau of Motor Vehicles
DPS - Investigative Div
DPS - Fire
D PS - Boating Safety
DPS - Training and Academy
DPS - Criminal Justice Information Systems
(L) Department of Public Works which includes business units
10 1470
11 1471
12 1480
13 1484
14 1485
15 1486
16 1490
DPW - Building Safety Code
DPW - Secretarys Office
DPW - Operations amp Maintenance (SPN)
DPW - Roads and Grounds Div
DPW - Solid Waste Management
DPW - TransAutolHeavy Equipment Div
DPW - Technical Services
(4) First Senatorial District (Rota) which includes the following
18 business units
19 1065
1068
~ 21 1066
111222
1132
Office of the Mayor - Rota
Mayors Contingency Fund
Municipal Council - Rota
DOF - Finance amp Acctg - Rota
DOF - Revenue amp Tax - Rota
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PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HDl SSI
1142 Finance - Procurement - Rota
1152 DOF - Customs - Rota
1232 Historic Preservation - Rota
1272 CCA - Sports amp Recreation- Rota
1282 DOL - Labor - Rota
1312 Commerce - Economic Dev - Rota
1352 DPS - Police - Rota
1353 DPS - Property and Protection Fire
1412 DLNR - Agriculture - Rota
1422 DLNR - Fish amp Wildlife - Rota
1442 DLNR - Parks amp Recreation - Rota
1463 DLNR - Soil amp Water Cons
1468 DLNR - Land Registration amp Survey
1482 DPW - Operations amp Maintenance - Rota
1523 Public Library - Rota
1912 DPH - Public Health - Rota
1957 DPH - Environmental Health - Rota
1989 DPH - Dental Services - Rota
3421 Youth Training
(5) Second Senatorial District (Tinian and Aguiguan) which
includes the following business units
1063 Mayor ofTinian - Office
1067 Mayors Contingency Fund
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
1 1064
2 1111
3 1131
4 1141
5 1151
6 1231
7 1271
8 1281
9 1311
10 1351
11 1411
12 1421
13 1441
14 1462
15 1481
16 1524
17 1906
18 1907
19 1911
20 3420
Municipal Council - Tinian
Finance amp Accounting - Tinian
DOF - Revenue amp Tax - Tinian
DOF - Procurement - Tinian
DOF - Customs - Tinian
CCA - Historic Preservation - Tinian
CCA - Sports amp Rec - Tinian
Labor - Labor - Tinian
Commerce - Economic Dev - Tinian
DPS - Police - Tinian
DLNR - Agriculture - Tinian
DLNR - Fish amp Wildlife - Tinian
DLNR - Parks amp Recreation - Tinian
DLNR - Soil amp Water Cons - Tinian
DPW - Operations amp Maintenance - Tinian
Public Library - Tinian
DPH - Public Health - Tinian
DPH - Dental Services - Tinian
DPH - Environmental Health - Tinian
Youth Training
lt21 (6) Third Senatorial District (Saipan and the Northern Islands)
which includes the following governmental offices
23 1060 Mayor ofNorthern Islands
22
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
1061 Mayor of Saipan - Mayors Office
1059 Mayors Contingency Account
1062 Saipan and Northern Islands - Municipal Council
(7) All government corporations as defined in 1 CMC sect7103(n)
for which budget authority is herein provided including the following
(A) Commonwealth Development Authority
(B) Commonwealth Ports Authority
(C) Commonwealth Utilities Corporation
(D) Marianas Public Land Trust
(E) Northern Marianas Housing Corporation
(F) Northern Marianas Retirement Fund
(G) Public Utilities Commission
(8) Boards and Commissions which includes the following
business units
1540 Civil Service Commission
1551 Commission on Election
1556 Board of Professional Licensing
(9) Other Programs and Autonomous Agencies which includes the
following business units
1600 Workers Compensation Commission
1601 Governor I Lt Gov Pension
1602 Retirement COLA PL 5-38-39-25
1603 NMIOIC
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
Aetna R -Off amp Ret
(10) Public Corporations which includes the following business
units
1605 Northern Marianas College
3450 NMC - Apprentice Program
1606 Marianas Visitors Authority
1001 Board Of Education
1607 Public School System
(c) Independent programs means government programs under
separate boards established by law (unless receiving appropriations or
budget authority under another heading) specialized general items of
appropriations and those non-profit corporations and associations or
organizations established outside of the Government of the
Commonwealth of the Northern Mariana Islands to which the
Commonwealth Government provides financial assistance including
business units
1592 Joeten-Kiyu Public Library
1515 Public Assistance Program Matching Funds
1623 Judgments Against Government
3661 Commonwealth Museum
New La Fiesta Lease
1549 Council for the Humanities
23 1562 Ayuda Network
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2
3
4
5
6
7
8
9
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11
12
13
14
15
16
17
18
19
20
21
22
23
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
1568 Domestic Violence
1570 National Governors Association
1577 Karidat
1580 Micronesian Legal Services
1591 Utilities - CNMI Government
(d) Local funds means locally generated revenues and revenues
received pursuant to Section 702 (a) of the Covenant
(e) Operations means appropriations for all lawful activities
other than personnel
(f) Personnel means appropriations for salaries employers
contribution to the Northern Marianas Retirement Fund the Defined
Contribution Plan overtime night differential hazardous pay and other
employee wages and benefits
(g) Position or Full-Time Equivalent (FTE) means the
maximum number of persons that may be employed pursuant to Article
X Section 7 of the Commonwealth Constitution but does not include
Workforce Investment Agency substitute teachers summer trainees
teacher aides physicians licensed professional nurses and licensed allied
health providers working part-time and paid only for instructional time
student teacher trainees or short-term specialized instructors such as
visiting artists performers writers and the like For purposes of this
exception part-time means employment not exceeding 40 hours in any
biweekly pay period and short-term meansmiddot not more than 90
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 DD1 SS1
instructional days employment within the Public School System during the
fiscal year
CHAPTER ll ESTIMATED REVENUES
Section 201 Estimated Revenues Pursuant to House Concurrent
Resolution No 17-2 HDl the total estimated revenues and resources approved
and identified for FY 2011 are as follows
L Total identified budgetary resources $149171000
II This amount is subject to the following adjustments
(a) Less revenue transfer to other funds
(1) PL 13-38 Cigarette Excise Tax to Tobacco Control lt1365000gt
(2) 10 Excise Tax Transfer to Solid Waste Revolving Fund lt1585000gt
(3) CIQ reimbursement for airport overtime lt475000gt
(4) 4 CMC Section 1803 (b) NMIRF Hotelcontainer tax per court order
lt1690000gt
(5) 4 CMC Section 1803 (b) MV A hotel container tax earmarking
lt3835000gt
(b) Less debt services previously appropriated
(1) 2003A $40 million bond repayment lt$369000gt
(2) 2007 A refunding bond payment lt$5152500gt
(3) 2007B refunding bond payment lt$2134500gt
(c) Deficit Reduction $
Subtotal lt$16606000gt
(d) Net FY 2011 budgetary resources available for appropriation $132565000
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSt
1 ( e) Department of Public Lands $2820866
2 Grand Total
3 Notwithstanding 1 CMC 7204 funds appropriated for FY2011 shall be
4 allotted monthly
5 Section 202 Suspension of Earmarked Funds Except for debt service
6 obligations and other earmarking of funds as permitted in Section 201 of this
7 Chapter the earmarking reservation commitment allotment or allocation of
8 funds pursuant to the following public laws are hereby suspended for Fiscal Year
9 2011
10 (a) Public Laws 15-5 and 14-54 (Non-resident Worker Fund Fees
11 to NMC and PSS and 10 of Gaming Jackpot Tax to PSS) and
12 (b) 4 CMC sect 1508(a) and (b) (10 of General Fund poker fees to
13 the Human Resources Development Fund [WIA] and 50 to the
14 Retirement Fund)
15 CHAPTER III
16 GOVERNMENT CORPORATIONS AND DESIGNATED
17 AGENCIESACTIVITIES
18 Section 301 Appropriation and Budget Authority Pursuant to 1 CMC sect
19 7206 and as provided herein budget and expenditure authority for the following
20 activities is hereby approved Expenditures in excess of the budget authority
21 approved herein for agencies to which public funds are appropriated shall not be
22 incurred or committed and hiring in excess of FTE ceilings is prohibited unless
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HDl SSI
1 authorized by a legislative joint resolution in accordance with Section 7 Article X
2 of the NMI Constitution
3 ACTIVITIES FTE OPERATIONS TOTAL
4 (a) Commonwealth Development Authority 27 758386 452691 1211077
5 (b) Commonwealth Ports Authority no submittal
6 (c) CNMI Govt Health amp Life Ins --------------------Privatized ------------------shy
7 (d) Commonwealth Utilities Corporation no submittal
8 (e) NM Housing Corporation 24 1110989 1113108 2224097
9 (f) NMI Ret Fund 27 1353669 76659330 78012999
10 (g) Office ofthe Public Auditor 30 1818525 755700 2574225
11 (h) Public Utilities Commission 55553 137550 193103
12 Grand Total 109 $520972122 $7921182379 8422152501
13 Notwithstanding the above dollar amounts the entities above shall expend only
14 the lesser of funds actually generated collected or received or the amounts
15 indicated above
16 Section 302 Prior Certification of Funds
17 No person shall be employed or enter into contractual relationship with the
18 Commonwealth or any government entity therein without first receiving from the
19 Secretary of the Department of Finance certification that lawful and sufficient
20 funds for the purpose are available For purposes of this section professional
21 services shall include but not be limited to services provided by engineers
22 accountants physicians lawyers and other similar professionals
23 Section 303 Reporting Requirement The expenditure authorities of the
24 foregoing activities listed in Section 301 shall submit to the presiding officers of
25 the legislature at the end of each quarter an itemized report on the expenditures
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PUBLIC LAW NO 17-21
HOUSE BILL t7~t23 HDt SSt
for personnel and operations of each government entity and the payments of the
public auditors fee for the quarter ended and if applicable year~to-date totals as
of the close of the reporting period
CHAPTERIV ADMINISTRATION OF APPROPRIATED FUNDS
Section 401 Management of Funds
The expenditure of the funds appropriated and allocated under this Act
shall be regulated and controlled by the Secretary of Finance so that no agency
department instrumentality program or activity may expend the funds contrary
to the law or fiscal management policies and practices of the Commonwealth
Provided further that in addition to the report required under 1 CMC sect7209 the
Secretary ofFinance shall submit at the end of each quarter an itemized report on
the expenditures for personnel and operations of each business unit funded in
whole or in part by the General Fund for the quarter ended and if applicable
year-to-date totals as of the close of the reporting period
Section 402 Notwithstanding 1 CMC sect 7204 without prior legislative
approval consultation and concurrence no funds appropriated in this Act shall be
reduced or reprogrammed by the Governor except as provided herein
Section 403 FTE Ceiling
(a) Employment Ceilings Pursuant to Article X sect 7 of the
Commonwealth Constitution the employment ceilings are hereby established as
21 set forth herein
Section 404 Expenditure Authority 22
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SS1
(a) The distribution and expenditure of funds shall be in compliance with
the fiscal expenditure authority the listed agencies have pursuant to statute and the
administrative provisions of this Act as set forth herein
(b) Except as provided in this Act the funds appropriated pursuant to this
Act shall be expended by the respective expenditure authority pursuant to 1 CMC
sectsect 7401 and 7503
(c) For the Ground Water Management and Protection Act Fund
expenditure authority is vested in the Director of the Division of Environmental
Quality
(d) For all government agencies receiving appropriated funds for
personnel or staff housing administrative and expenditure authority over housing
and accompanying funds including but not limited to approval of lease
agreements is vested in the appropriate agency officials designated by law as
having expenditure authority
(e) For the Domestic Violence Task Force expenditure authority is vested
in the Family Violence Task Force chairperson with concurrence of the Family
Violence Task Force coordinator
(f) For Crime Stoppers International the chairperson of the board of the
directors shall be the expenditure authority
(g) For Independent Programs unless otherwise provided in this Act or in
any other provision of law expenditure authority shall be vested in the Secretary
ofFinance
23 CHAPTER V REPROGRAMMING AUTHORITY
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 lID1 SSI
Section 501 Reprogramming Authority
2 (a) Unless otherwise specified in this act authority to reprogram
3 appropriated funds shall be as provided under I CMC sectsect 7402 and 7504
4 (b) Provided however 1 CMC sectsect 7402 (b) is hereby suspended for the
5 period of this Act Governor shall have 100 reprogramming authority on funds
6 appropriated under Section 704 of this Act
7 (c) Notwithstanding any law to the contrary the Governors authority to
8 reprogram funds under this section shall include the authority to reprogram funds
9 available to all public corporations agencies and entities of the Commonwealth
10 Government upon approval by joint approval ofthe legislature provided that such
11 funds are not restricted from reprogramming by federal law federal grant
12 conditions Commonwealth constitutional prohibitions and deposit and other
13 security restrictions related to bond covenants and the financing of public
14 projects
15 CHAPTER VI SUPPLEMENTAL ADMINISTRATIVE PROVISIONS
16 Section 601 Utilities The amount of $7539509 included in the
17 Independent Programs shall be appropriated for the payment of utilities for the
18 branches departments and agencies of the Commonwealth government except
19 the business units listed in Section 103(b)(7) and the Public School System and
20 the Northern Marianas College
-21 Section 602 Hiring Restriction
22 (a) As long as work hours and wages are reduced no vacancies shall be
23 filled except for critical and emergency positions provided that until a law is
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
passed defining critical and emergency positions said critical and emergency
2 positions must be approved by joint approval of the legislature
3 (b) In order to reduce the size of the Government except for the Public
4 School System the Northern Marianas College and health care professionals of
5 the Department of Public Health and Environmental Services any FTE (full-time
6 equivalent) that becomes vacant shall be eliminated The renewal of the contract
7 for an existing employee shall not be considered creating a vacant position If a
8 new position or vacant position is necessary to be filled to protect the health
9 safety and welfare of the public the expenditure authority may request the
10 Legislature to establish a new FTE by joint resolution The appropriations set
11 forth in Section 704 are contingent on this section remaining in this Appropriation
12 Act
13 Section 603 Litigation Expenditures Restricted
14 Except for the governor the attorney general the chief justice of the
15 Commonwealth supreme court presiding officers of the legislature mayors and
16 municipal councils and notwithstanding any law to the contrary no agency
17 expenditure authority may use any part of their appropriations in connection with
18 prosecuting a legal matter against another agency unless authorized by the chief
19 justice in the case of agencies within the judicial branch the governor in the case
20 of agencies within the executive branch and the presiding officers in the case of
21 agencies within the legislative branch and mayors in the case of agencies under
22 their authority The terms agency and agencies as used in this section shall be
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HDl SSI
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1 liberally construed to include all instrumentalities and subdivisions of the
2 Commonwealth Government
Section 604 Public Auditors Fee
The Public Auditors Fee is 1 (one percent) of the total appropriations
for each instrumentality department agency corporation and budget activity of
the CNMI Government Notwithstanding any other provision of law any lapsed
funds from the Office of Public Auditor shall be applied to CNMI deficit
reduction only Agencies that are not funded by the general fund listed in section
301 (a)-(h) shall remit their respective fee on a monthly basis to the Department
ofFinance
Section 605 Legal Holidays
(a) The following laws and regulations providing for payment of legal
holidays are repealed during fiscal year 2011
1 CMC sect312 and sect313
Title 10 NMIAC sect10-lO-135G) (Excepted Service)
Title 10 NMIAC sectlO-202-346 (Civil Service Executive Branch)
Title lO NMIAC sect lO-30-344 (Civil Service Judicial Branch)
Title 40 NMIAC sect40-40-425 (Commonwealth Ports Authority)
Title 60 NMIAC sect60-301-444 (Public School System)
Title 100 NMIAC sect 100-50-430 (Northern Marianas Housing
Corporation)
Title 120 NMIAC sect120-lO-230 (Excepted Service) and
Title 130 NMIAC 130-20-330 (Office of the Public Auditor)
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HDl SSI
1 (b) Any employee required to work on a legal holiday shall be paid hislher
2 regular salary
3 (c) From the legal holidays listed in 1 CMC sect311 the Governor may
4 select one or more legal holidays for fiscal year 2011 for which employees shall
5 receive leave with pay
6 (d) Although leave with pay is not required for legal holidays during
7 Fiscal Year 2011 expenditure authorities may grant leave with pay for their
8 employees if they have available funds in their personnel account
9 CHAPTER VII APPROPRIATIONS
10 Section 701 In General
11 (a) Funds designated in Chapter II as available for appropriation for FY 2011
12 are hereby appropriated pursuant to this Chapter
13 (b) A business units FTE ceiling shall be established in this Chapter No
14 business unit shall exceed its FTE ceiling unless authorized by this Act or joint
15 resolution of the legislature
16 (c) Reduction in the Level of Appropriations In order to provide expenditure
17 authorities with flexibility in determining the allocation of funding for their operations
18 expenditure authorities must reduce their expenditures to achieve the level of
19 appropriation under this Act
20 Expenditure authorities may reduce previous levels ofexpenditure by
21 (1) A reduction in work hours
22 (2) A reduction in wages
23 (3) Furlough
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
1 (4) A reduction in force
2 (5) A reduction in expenditures for all others or
3 (6) A combination of reductions under subsections (1) through (5)
4 (d) The reduction in work hours shall not exceed 16 hours per bi-weekly pay
5 period If sufficient additional resources are not identified during the first quarter of
6 FY 2011 to allow an increase in work hours the reduction in work hours may be
7 continued
8 (e) Suspension of Restrictions on Reprogramming To provide for the
9 reprogramming between personnel and non-personnel accounts 1 CMC sect7402(c) is
10 suspended for the period that this Act is in effect
11 (f) Provided however that during the period of this Act no funds shall be I I
12 reprogrammed from non-personnel accounts to personnel accounts to increase any
13 salaries from its current level
14 Section 702 Judicial Branch
15 (a) There is hereby appropriated the following amounts to fund the personnel
16 and non-personnel expenses as listed below of the Judicial branch
17 FTE PERSONNEL OPERATIONS TOTAL
18 Supreme Court 11 792333 3639 795972
19 Superior Court 45 1714552 160961 1875513
20 Administration 13 295435 217240 512675
21 Law Revision Comm 5 132442 6245 138687
22 TOTAL 74 $2934762 $388085 $3322847
23 Section 703 Legislative Branch
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
1 (a) In accordance with Article II sect16(b) and (c) of the NMI Constitution as
2 amended by Legislative Initiative 10-8 the following amounts are hereby appropriated
3 to fund the personnel retirement contribution and non-personnel expenses as listed
4 below of the Legislative branch
5 FTE PERSONNEL OPERATIONS TOTAL
6 House Members Salary 20 954597 954597
7 House Members Allocation 100 1700000 1700000
8 House Leadership Allocation 138000 138000
9 Senate 9 431141 431141
10 Senate Members Allocation 45 765000 765000
11 Senate Leadership Allocation 138000 138000
12 Legislative Bureau 28 1274764 167000 1441764
13 CNMI Youth Congress 1 21167 20000 41167
14 TOTAL 203 $2681669 $2928000 $5609669
15 (b) Salaries of Legislative Members
16 (1) The amount appropriated under this section to the House of
17 Representatives under personnel shall be used to fund the salaries and
18 benefits of the members of the House of Representatives The expenditure
19 authority for the amounts appropriated shall be the Secretary of Finance
20 (2) The amount appropriated under this section to the Senate under
21 personnel shall be used to fund the salaries and benefits of the members of the
22 Senate The expenditure authority for the amounts appropriated shall be the
23 Secretary of Finance
24 (c) House Members Office Accounts and Employees
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
(1) The Department of Finance shall establish and assign a number to a
new business unit account entitled House Members Office Accounts for the
appropriation for House Members Allocation Another new business unit
account entitled Senate Members Office Accounts for the appropriation for
Senate Members Allocation Under each of these said accounts an equal
amount of the appropriation shall be allocated to subaccount further established
thereunder for each member of the respective house for the operations of the
members office as permitted under section 16 of article II of the CNMI
Constitution applicable laws and the rules of the legislative body to which the
member was elected
(2) Notwithstanding 1 CMC sect7401(c) to the contrary each member
shall be the expenditure authority of the funds allocated to their individual sub-
account
(3) Funds allocated for the operation of the members office including
but not limited to the personnel costs of the members employees and
expenditures as authorized by the adopted rules of the Senate in the case of the
Senate member or the adopted rules ofthe House of Representatives in the case
of a House member such as a monthly stipend to defray travel and incidental
expenses for the purpose of attending to legislative business outside the
members senatorial district
(4) Allocation ofFTEs among House members shall be governed by the
rules of the House
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
(5) Allocation of FTEs among Senate members shall be governed by
the rules of the Senate
(d) Senate and House Leadership Accounts
(1) The Department of Finance shall establish and assign a number to
two new business unit accounts one entitled House Leadership Account for
the appropriation in the amount of $138000 under All Others and another
new business unit account entitled Senate Leadership Account for the
appropriation in the amount of $138000 under All Others
(2) The presiding officer of each respective house or his lawfully
authorized designee shall be the expenditure authority and shall use such funds
to support the operations and activities of the House of Representatives and
Senate in accordance with its rules provided that the presiding officer
distributes a portion of the total appropriation in equal amounts to all the
standing committees for their operations and activities
(e) Legislative Bureau The expenditure authority of the funds appropriated for
the Legislative Bureau shall be the Director of the Legislative Bureau or his or her
lawfully authorized designee
(f) Northern Marianas Youth Congress The expenditure authority is vested in
the Director of the Legislative Bureau with the consultation of the Speaker of the
Northern Mariana Islands Youth Congress
Section 704 Executive Branch
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SS1
1 There are hereby appropriated the following amounts to fund the personnel and
2 non-personnel expenses of the offices programs and activities of the Executive Branch
3 as listed below
4 FTE PERSONNEL OPERATIONS TOTAL
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
21
22
23
24
25
26
27
28
29 30 i31
Office ofGov
Attorney General
Commerce
Comm amp Cult Affairs
Corrections
Finance
Labor
Lands amp Natural Res
Public Health
Public Safety
Public Works
Total
140
42
32
88
96
163
44
98
485
258
129
1575 $45120729 $14184384 $59305113
Section 705 First Senatorial District Rota
(a) There is hereby appropriated the following amounts to fund the personnel
and non-personnel expenses as listed below of the First Senatorial District
Mayor
Municipal Coun
Commerce (econ Dev)
CampCA
Police (DPS)
Fire
Finance amp Actg
Revenue amp Tax
Customs
Procurement amp Supply
Labor
FTE PERSONNEL OPERATIONS
99
11
8
10
34
12
3
3
6
2
7
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
1 Agriculture 20
2 Historic Preservation 4
3 Lands Regisamp Survey 6
4 Fish amp Wildlife 5
5 Parks amp Recreation 4
6 Soil amp Water Consv
7 Rota Health Center 51
8 Dental Services 4
9 DPH Med Referral 5
10 Environmental Health 2
11 Public Works 23
12 Total 320 $5677593 $576487 $6256080
13 (b) The Rota Legislative Delegation shall determine by Local Delegation
14 Resolution the allocation of the funds appropriated for the First Senatorial District
15 (c) Except as provided in this section the Mayor ofRota shall have authority to
16 expend obligate encumber or otherwise commit the funds appropriated to the First
17 Senatorial District Notwithstanding any law to the contrary the Mayor of Rota shall
18 have 100 reprogramming authority of the funds appropriated in this Act
19 Appropriations to the Municipal Council shall be divided and distributed equally to
20 each member of the Municipal Council Each Municipal Council member shall be the
21 expenditure authority of funds distributed to himher Additionally in accord with the
22 Superior Courts decision in the case of Inos v Tenorio the Mayors shall also have
23 expenditure authority over resident government departments in the First and Second
24 senatorial districts respectively unless the Governor revokes expenditure authority in a
25 manner consistent with the Superior Courts holding in Inos v Tenorio to wit
26 expenditure authority over resident departments that are primarily concerned with the
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
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19
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
delivery of public services can be revoked only on a prior showing of just cause but
the Governor has discretion to revoke expenditure authority over those departments
that are primarily concerned with enforcing the law
(c) Rota Health Center Three hundred forty thousand ($34000000) from the
First Senatorial Districts budget appropriation is hereby allocated to pay for
professional services for nurses technicians and other medical and auxiliary
professionals as needed including one mental health counselor in the amount of Thirty
Three Thousand Dollars ($3300000)
(d) DPS Cadets One hundred seven thousand seven hundred eighty
($10778000) from the First Senatorial Districts budget appropriation is hereby
allocated for five (5) Full Time Equivalents (FTEs) for the Rota Department of Public
Safety of the total 329 FTEs to fully fund the five (5) 2010 DPS Academy graduates
from the First District who shall be placed as FTEs within the Rota Department of
Public Safety Any shortfall for overtime retirement or benefits shall be borne by the
municipality
(e) Dentist Seventy-seven thousand two hundred dollars ($77200) from the
First Senatorial Districts budget appropriation is hereby allocated for one (1) Full
Time Equivalent (FTE) to hire a dentist
Section 706 Second Senatorial District - Tinian amp Aguiguan
(a) There is hereby appropriated the following amounts to fund the personnel
and non-personnel expenses of the Second Senatorial District as listed below
FTE PERSONNEL OPERATIONS TOTAL
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SS1
Mayor 112
Municipal Council 3
Commerce (econo dev) 4
Historic Preservation 2
CampCA 3
Customs 3
Finance amp Acctg 2
Procurement amp Supply 2
Revenue amp Tax
Labor 8
Agriculture 15
Fish amp Wildlife 2
Parks amp Recreation 5
Environmental Health 4
Dental Services 3
Tinian Health Center 49
Police (DPS) 45
Public Works ~
Total 268 $5179361 $1076719
20 (b) The Tinian and Aguiguan Legislative Delegation shall determine by Local
21 Delegation Resolution the allocation of the funds appropriated for the Second
22 Senatorial District
23 (c) The Mayor and the Chairperson of the Municipal Council shall have the
24 expenditure authority for appropriations for their respective offices except as provided
25 below Notwithstanding any law to the contrary the Mayor of Tinian amp Aguiguan shall
26 have 100 reprogramming authority of the funds appropriated in this Act Each
27 Municipal Council member shall allocate and provide for the expenditure of the funds
28 appropriated to the Council in accordance with the Official Rules of the Council
29 Additionally in accord with the Superior Courts decision in the case of Inos v
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 lID1 SS1
Tenorio the Mayors shall also have expenditure authority over resident government
2 departments in the First and Second senatorial districts respectively unless the
3 Governor revokes expenditure authority in a manner consistent with the Superior
4 Courts holding in Inos v Tenorio to wit expenditure authority over resident
5 departments that are primarily concerned with the delivery of public services can be
6 revoked only on a prior showing of just cause but the Governor has discretion to
7 revoke expenditure authority over those departments that are primarily concerned with
8 enforcing the law
9 (d) Tinian Health Center Four hundred twenty seven thousand seven hundred
10 twenty seven and eighty one ($42772781) from the Second Senatorial Districts
11 budget appropriation is hereby allocated to pay for the direct hiring of nurses ancillary
12 staff and other needed administrative adjustments on personnel matters
13 (e) Tinian Municipal Council One hundred twenty three thousand four
14 hundred three ($123403) All Others appropriation of the Municipal Council is
15 hereby allocated as follows (1) $15000 for office rental and administrative purposes
16 and (2) $108403 for community projects and other functions ofwhich $75000 shall be
17 allocated to the chairman and the remaining balance shall be divided equally among the
18 other two members who shall be the expenditure authority of such funds
19 (f) Tinian Commerce Thirty eight thousand one hundred forty one ($38141)
20 is hereby allocated under AU Others for operations and office supplies
Section707 Third Senatorial District - Mayor ofSaipan Mayor of the Northern
Islands and Saipan and Northern Islands Municipal Council
PUBLIC LAW NO 17-21 HOUSE BILL l7~l23 HDl SSl
1 (a) There is hereby appropriated the following amounts to fund the personnel
2 and non-personnel expenses of the municipal governments of Saipan and the Northern
3 Islands as listed below
4 FTE PERSONNEL OPERATIONS TOTAL
5 Saipan Mayor 48 $875509 $248240 $1123257 6 NI Mayor 11 $192849 $86716 $279565
7 Saipan Mun Council 1 $34076 $27447 $61523
8 Total 60 $1102434 $362411 $1464845
9 (b) The Mayor of Saipan the Mayor of the Northern Islands and the
10 Chairperson of the Municipal Council for Saipan and the Northern Islands shall be the
11 expenditure authority for appropriations for their respective offices Notwithstanding
12 any law to the contrary the Mayors of Saipan and the Northern Islands respectively
13 shall have 100 reprogramming authority of the funds appropriated in this Act
14 Section 708 Autonomous Agencies
15 (a) There is hereby appropriated the following amounts to fund the following
16 autonomous agencies as listed below
17 FTE PERSONNEL OPERATIONS TOTAL
18 NMC 160 $4099229 $364235 $4464464
MVA 36 $832531 $1780496 $2611027
ajlst amp and SeRaterl Dist $369999 $36886611gtfif~tll~fu0 PSS ll13 $28521990 $2617529 $31140519f-AP( 21
22 BOE 2 $1372685 $26643 ~164~28
23 Total 1312 $33591435 $5148903 $38740338
24 (b) Northern Marianas College
25 (1) The president of the Northern Marianas College shall be the
26 expenditure authority of the appropriated funds
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2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
pfiuv~I tys
I I
20
21
(c) Marianas Visitors Authority
(1) The chairman of the Board of Directors of the Marianas Visitors
Authority shall be the expenditure authority ofthe appropriated funds
(2) Tlnee hundted sixty thousand ($360000) of the All OthelS
appropriation ofth Malianas Visitors Burau sball allocatd as follows
(i) One httndred 1vveftty thousRJJd ($120000) to susidiZle the
eftartef flights from Japan to Rota under the eKpndinY=e authority of the
Cbairman oftbe Marianas Visitors AQtborityen
(ii) One bll1dred Pyenellty tbollSaad ($120000) to promote and
market Tinian as a tourist destinatioR under the expenditure ffitthority of
the Chairman of the Mwianas Visitors Authoriry ctnd
(iii) 000 hundred tlJlnty thousand ($120000) to pay the
outstandiag KllT aGGount for completed Gbafter flights from Japan to
RotH under the expenditUfe authority of the Chairman of the Marianas
Visitor s 1AzYtbor~[
(d) Public School System
(1) The expenditure authority shall be the Commissioner of Education
or hislher designee
(2) No part of funds appropriated to BU 1607 the Public School
System shall be used to pay for any expense including but not limited to travel
or reimbursement of the Board of Education its board members and staff
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SS1
1 (e) Board of Education The chairperson of the Board of Education shall be the
2 expenditure authority of the appropriated funds
3 Section 709 Boards and Commissions
4 (a) There is hereby appropriated the following amounts to fund the following
5 boards and commissions as listed below
FTE PERSONNEL OPERATIONS
BPL
Civil Servo Comm
Election Comm
Total
3
4
1 14
$88732
$164803
$1762806
$430341
$13264
$2183
$932819
$109266
11 Section 710 Independent Programs
12 There is hereby appropriated the following amounts to fund the following
13 independent programs and activities as listed below
14 FTE PERSONNEL OPERATIONS TOTAL
15 Ayuda Network 18417 18417
16 Commonwealth Museum 4 96395 40140 136535
17 Domestic Violence 36834 36834
18 Humanities Council 4604 4604
19 JoetenlKiyu Public Library 7 128933 39674 168607
20 Marianas Bound - Karidat 54147 54147
21 Micronesian Legal Legal Services - 18417 18417
22 Nat Govs Assoc 40518 40518
23 Public Assis Program 17577 17577
24 Govt Utilities 7539509 7539509
25 Judgment 76258 76258
26 La Fiesta Lease 200000 200000
27 Aetna R-Off amp Ret -- 1463483 0 1463483
28 Total 11 1688811 8492643 10181454
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
(a) Joeten-Kiyu Public Library The expenditure authority shall be the
chairperson of the Commonwealth Library Council
(b) Public Assistance - Matching Funds The expenditure authority shall be
the Governor or his designee
(c) Judgments against the Government The expenditure authority shall be the
Secretary of Finance in consultation with the Attorney General
(d) Commonwealth Museum The chairperson of the Board of Governors of
the Commonwealth Museum or hislher designee shall be the expenditure authority
(e) Ayuda Network The expenditure authority shall be the chairperson of the
board of directors
(f) KARlDAT The executive director of Marianas Bound (KARlDAT) shall
be the expenditure authority
(g) Micronesian Legal Services The executive director of the Micronesian
Legal Services Corporation shall be the expenditure authority
(h) For programs and activities not specifically mentioned the expenditure
authority shall be the Secretary of Finance
Section 711 Other Programs
(a) There is hereby appropriated the following amounts to the following other
programs as listed below
FTE PERSONNEL OPERATIONS TOTAL
22
23
NMIOICC
Ret Pension GovLtGov
Ret PL5-3 (COLA)
1 $27476
$147506
o o
413276
$27476
$147506
$413276
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
1 Workers Comp Comm ~ $121061 129648 $250709
2 Total 6 $297751 $541216 $838967
3 Section 712 Department of Public Lands
4 (a) Pursuant to Section 103 of Public Law 15-2 $2820886 is appropriated to
5 the Department of Public Lands as follows
6 Personnel $1765104
7 Operations $1055782
8 Total $2820886
9 FTE Ceiling 65
10 No funds received or collected by or remitted to the Department of Public Lands
11 pursuant to Public Law 15-2 that are in excess of the amount appropriated in this
12 section may be reprogrammed or expended absent legislative appropriation or in
13 violation of the Constitution
14 Section 713 Reporting Requirements The expenditure authorities of the
15 foregoing activities listed in Chapter VII shall submit to the presiding officers of the
16 legislature at the end of each quarter an itemized report on the expenditures for
17 personnel and operations of each government entity and the payments of the public
18 auditors fee for the quarter ended and if applicable year-to-date totals as of the close
19 of the reporting period
20 Section 714 Compact Impact Funds
middot21 Compact Impact funds shall be used III accordance with the terms and
22 conditions set forth in the Grant Agreement and shall be used to defray qualified
23 expenses for the following activities
24 (a) Office of Public Defender $ 37151
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HDt SSI
1 (b) Dept of Community amp Cultural Affairs
2 (c) Dept of Corrections
3 (d) Dept of Public Health
4 (e) Department of Public Safety
5 Total
6 Section 715 Outside Sources
$ 44616
$ 154698
$ 536744
$ 1157234
$1930443
7 (a) Notwithstanding any law to the contrary the Governor is authorized to
8 transfer qualified operational expenses to available and unencumbered outside general
9 fund accounts not to exceed $3500000 which are hereby appropriated to pay for such
10 expenses
11 CHAPTER VIII GENERAL PROVISIONS
12 Section 801 Severability If any provision of this Act or its application to any
13 person or circumstance is held invalid the invalidity does not affect other provisions
14 or applications of the Act which can be given effect without the invalid provision or
middot15 applications and to this end the provisions ofthis Act are severable
16 Section 802 Savings Clause This Act and any repealer contained herein shall
middot17 not be construed as affecting any existing right acquired under contract or acquired
18 under statutes repealed or under any rule regulation or order adopted under the statutes
middot19 Repealers contained in this Act shall not affect any proceeding instituted under or
ao pursuant to prior law The enactment of this Act shall not have the effect of terminating
21 or in any way modifying any liability civil or criminal which shall already be in
22 existence at the date this Act becomes effective
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HDl SSI
1 Section 803 Effective Date This Act shall become law upon its approval by the
2 Governor or it becoming law without such approvaL
House Clerk
Certiiedby ~~f OILAN C ORiOSPEAKER
this
Governor
2010
Commonwealth ofthe Northern Mariana Islands
9
17
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HDl SSI
1 1350
2 1362
3 1365
4 1370
5 1380
6 1390
7 1360
8 1361
DPS - Police - Saipan
DPS - Administrative Div
DPS - Bureau of Motor Vehicles
DPS - Investigative Div
DPS - Fire
D PS - Boating Safety
DPS - Training and Academy
DPS - Criminal Justice Information Systems
(L) Department of Public Works which includes business units
10 1470
11 1471
12 1480
13 1484
14 1485
15 1486
16 1490
DPW - Building Safety Code
DPW - Secretarys Office
DPW - Operations amp Maintenance (SPN)
DPW - Roads and Grounds Div
DPW - Solid Waste Management
DPW - TransAutolHeavy Equipment Div
DPW - Technical Services
(4) First Senatorial District (Rota) which includes the following
18 business units
19 1065
1068
~ 21 1066
111222
1132
Office of the Mayor - Rota
Mayors Contingency Fund
Municipal Council - Rota
DOF - Finance amp Acctg - Rota
DOF - Revenue amp Tax - Rota
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1152 DOF - Customs - Rota
1232 Historic Preservation - Rota
1272 CCA - Sports amp Recreation- Rota
1282 DOL - Labor - Rota
1312 Commerce - Economic Dev - Rota
1352 DPS - Police - Rota
1353 DPS - Property and Protection Fire
1412 DLNR - Agriculture - Rota
1422 DLNR - Fish amp Wildlife - Rota
1442 DLNR - Parks amp Recreation - Rota
1463 DLNR - Soil amp Water Cons
1468 DLNR - Land Registration amp Survey
1482 DPW - Operations amp Maintenance - Rota
1523 Public Library - Rota
1912 DPH - Public Health - Rota
1957 DPH - Environmental Health - Rota
1989 DPH - Dental Services - Rota
3421 Youth Training
(5) Second Senatorial District (Tinian and Aguiguan) which
includes the following business units
1063 Mayor ofTinian - Office
1067 Mayors Contingency Fund
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
1 1064
2 1111
3 1131
4 1141
5 1151
6 1231
7 1271
8 1281
9 1311
10 1351
11 1411
12 1421
13 1441
14 1462
15 1481
16 1524
17 1906
18 1907
19 1911
20 3420
Municipal Council - Tinian
Finance amp Accounting - Tinian
DOF - Revenue amp Tax - Tinian
DOF - Procurement - Tinian
DOF - Customs - Tinian
CCA - Historic Preservation - Tinian
CCA - Sports amp Rec - Tinian
Labor - Labor - Tinian
Commerce - Economic Dev - Tinian
DPS - Police - Tinian
DLNR - Agriculture - Tinian
DLNR - Fish amp Wildlife - Tinian
DLNR - Parks amp Recreation - Tinian
DLNR - Soil amp Water Cons - Tinian
DPW - Operations amp Maintenance - Tinian
Public Library - Tinian
DPH - Public Health - Tinian
DPH - Dental Services - Tinian
DPH - Environmental Health - Tinian
Youth Training
lt21 (6) Third Senatorial District (Saipan and the Northern Islands)
which includes the following governmental offices
23 1060 Mayor ofNorthern Islands
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
1061 Mayor of Saipan - Mayors Office
1059 Mayors Contingency Account
1062 Saipan and Northern Islands - Municipal Council
(7) All government corporations as defined in 1 CMC sect7103(n)
for which budget authority is herein provided including the following
(A) Commonwealth Development Authority
(B) Commonwealth Ports Authority
(C) Commonwealth Utilities Corporation
(D) Marianas Public Land Trust
(E) Northern Marianas Housing Corporation
(F) Northern Marianas Retirement Fund
(G) Public Utilities Commission
(8) Boards and Commissions which includes the following
business units
1540 Civil Service Commission
1551 Commission on Election
1556 Board of Professional Licensing
(9) Other Programs and Autonomous Agencies which includes the
following business units
1600 Workers Compensation Commission
1601 Governor I Lt Gov Pension
1602 Retirement COLA PL 5-38-39-25
1603 NMIOIC
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
Aetna R -Off amp Ret
(10) Public Corporations which includes the following business
units
1605 Northern Marianas College
3450 NMC - Apprentice Program
1606 Marianas Visitors Authority
1001 Board Of Education
1607 Public School System
(c) Independent programs means government programs under
separate boards established by law (unless receiving appropriations or
budget authority under another heading) specialized general items of
appropriations and those non-profit corporations and associations or
organizations established outside of the Government of the
Commonwealth of the Northern Mariana Islands to which the
Commonwealth Government provides financial assistance including
business units
1592 Joeten-Kiyu Public Library
1515 Public Assistance Program Matching Funds
1623 Judgments Against Government
3661 Commonwealth Museum
New La Fiesta Lease
1549 Council for the Humanities
23 1562 Ayuda Network
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1568 Domestic Violence
1570 National Governors Association
1577 Karidat
1580 Micronesian Legal Services
1591 Utilities - CNMI Government
(d) Local funds means locally generated revenues and revenues
received pursuant to Section 702 (a) of the Covenant
(e) Operations means appropriations for all lawful activities
other than personnel
(f) Personnel means appropriations for salaries employers
contribution to the Northern Marianas Retirement Fund the Defined
Contribution Plan overtime night differential hazardous pay and other
employee wages and benefits
(g) Position or Full-Time Equivalent (FTE) means the
maximum number of persons that may be employed pursuant to Article
X Section 7 of the Commonwealth Constitution but does not include
Workforce Investment Agency substitute teachers summer trainees
teacher aides physicians licensed professional nurses and licensed allied
health providers working part-time and paid only for instructional time
student teacher trainees or short-term specialized instructors such as
visiting artists performers writers and the like For purposes of this
exception part-time means employment not exceeding 40 hours in any
biweekly pay period and short-term meansmiddot not more than 90
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 DD1 SS1
instructional days employment within the Public School System during the
fiscal year
CHAPTER ll ESTIMATED REVENUES
Section 201 Estimated Revenues Pursuant to House Concurrent
Resolution No 17-2 HDl the total estimated revenues and resources approved
and identified for FY 2011 are as follows
L Total identified budgetary resources $149171000
II This amount is subject to the following adjustments
(a) Less revenue transfer to other funds
(1) PL 13-38 Cigarette Excise Tax to Tobacco Control lt1365000gt
(2) 10 Excise Tax Transfer to Solid Waste Revolving Fund lt1585000gt
(3) CIQ reimbursement for airport overtime lt475000gt
(4) 4 CMC Section 1803 (b) NMIRF Hotelcontainer tax per court order
lt1690000gt
(5) 4 CMC Section 1803 (b) MV A hotel container tax earmarking
lt3835000gt
(b) Less debt services previously appropriated
(1) 2003A $40 million bond repayment lt$369000gt
(2) 2007 A refunding bond payment lt$5152500gt
(3) 2007B refunding bond payment lt$2134500gt
(c) Deficit Reduction $
Subtotal lt$16606000gt
(d) Net FY 2011 budgetary resources available for appropriation $132565000
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSt
1 ( e) Department of Public Lands $2820866
2 Grand Total
3 Notwithstanding 1 CMC 7204 funds appropriated for FY2011 shall be
4 allotted monthly
5 Section 202 Suspension of Earmarked Funds Except for debt service
6 obligations and other earmarking of funds as permitted in Section 201 of this
7 Chapter the earmarking reservation commitment allotment or allocation of
8 funds pursuant to the following public laws are hereby suspended for Fiscal Year
9 2011
10 (a) Public Laws 15-5 and 14-54 (Non-resident Worker Fund Fees
11 to NMC and PSS and 10 of Gaming Jackpot Tax to PSS) and
12 (b) 4 CMC sect 1508(a) and (b) (10 of General Fund poker fees to
13 the Human Resources Development Fund [WIA] and 50 to the
14 Retirement Fund)
15 CHAPTER III
16 GOVERNMENT CORPORATIONS AND DESIGNATED
17 AGENCIESACTIVITIES
18 Section 301 Appropriation and Budget Authority Pursuant to 1 CMC sect
19 7206 and as provided herein budget and expenditure authority for the following
20 activities is hereby approved Expenditures in excess of the budget authority
21 approved herein for agencies to which public funds are appropriated shall not be
22 incurred or committed and hiring in excess of FTE ceilings is prohibited unless
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HDl SSI
1 authorized by a legislative joint resolution in accordance with Section 7 Article X
2 of the NMI Constitution
3 ACTIVITIES FTE OPERATIONS TOTAL
4 (a) Commonwealth Development Authority 27 758386 452691 1211077
5 (b) Commonwealth Ports Authority no submittal
6 (c) CNMI Govt Health amp Life Ins --------------------Privatized ------------------shy
7 (d) Commonwealth Utilities Corporation no submittal
8 (e) NM Housing Corporation 24 1110989 1113108 2224097
9 (f) NMI Ret Fund 27 1353669 76659330 78012999
10 (g) Office ofthe Public Auditor 30 1818525 755700 2574225
11 (h) Public Utilities Commission 55553 137550 193103
12 Grand Total 109 $520972122 $7921182379 8422152501
13 Notwithstanding the above dollar amounts the entities above shall expend only
14 the lesser of funds actually generated collected or received or the amounts
15 indicated above
16 Section 302 Prior Certification of Funds
17 No person shall be employed or enter into contractual relationship with the
18 Commonwealth or any government entity therein without first receiving from the
19 Secretary of the Department of Finance certification that lawful and sufficient
20 funds for the purpose are available For purposes of this section professional
21 services shall include but not be limited to services provided by engineers
22 accountants physicians lawyers and other similar professionals
23 Section 303 Reporting Requirement The expenditure authorities of the
24 foregoing activities listed in Section 301 shall submit to the presiding officers of
25 the legislature at the end of each quarter an itemized report on the expenditures
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PUBLIC LAW NO 17-21
HOUSE BILL t7~t23 HDt SSt
for personnel and operations of each government entity and the payments of the
public auditors fee for the quarter ended and if applicable year~to-date totals as
of the close of the reporting period
CHAPTERIV ADMINISTRATION OF APPROPRIATED FUNDS
Section 401 Management of Funds
The expenditure of the funds appropriated and allocated under this Act
shall be regulated and controlled by the Secretary of Finance so that no agency
department instrumentality program or activity may expend the funds contrary
to the law or fiscal management policies and practices of the Commonwealth
Provided further that in addition to the report required under 1 CMC sect7209 the
Secretary ofFinance shall submit at the end of each quarter an itemized report on
the expenditures for personnel and operations of each business unit funded in
whole or in part by the General Fund for the quarter ended and if applicable
year-to-date totals as of the close of the reporting period
Section 402 Notwithstanding 1 CMC sect 7204 without prior legislative
approval consultation and concurrence no funds appropriated in this Act shall be
reduced or reprogrammed by the Governor except as provided herein
Section 403 FTE Ceiling
(a) Employment Ceilings Pursuant to Article X sect 7 of the
Commonwealth Constitution the employment ceilings are hereby established as
21 set forth herein
Section 404 Expenditure Authority 22
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SS1
(a) The distribution and expenditure of funds shall be in compliance with
the fiscal expenditure authority the listed agencies have pursuant to statute and the
administrative provisions of this Act as set forth herein
(b) Except as provided in this Act the funds appropriated pursuant to this
Act shall be expended by the respective expenditure authority pursuant to 1 CMC
sectsect 7401 and 7503
(c) For the Ground Water Management and Protection Act Fund
expenditure authority is vested in the Director of the Division of Environmental
Quality
(d) For all government agencies receiving appropriated funds for
personnel or staff housing administrative and expenditure authority over housing
and accompanying funds including but not limited to approval of lease
agreements is vested in the appropriate agency officials designated by law as
having expenditure authority
(e) For the Domestic Violence Task Force expenditure authority is vested
in the Family Violence Task Force chairperson with concurrence of the Family
Violence Task Force coordinator
(f) For Crime Stoppers International the chairperson of the board of the
directors shall be the expenditure authority
(g) For Independent Programs unless otherwise provided in this Act or in
any other provision of law expenditure authority shall be vested in the Secretary
ofFinance
23 CHAPTER V REPROGRAMMING AUTHORITY
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 lID1 SSI
Section 501 Reprogramming Authority
2 (a) Unless otherwise specified in this act authority to reprogram
3 appropriated funds shall be as provided under I CMC sectsect 7402 and 7504
4 (b) Provided however 1 CMC sectsect 7402 (b) is hereby suspended for the
5 period of this Act Governor shall have 100 reprogramming authority on funds
6 appropriated under Section 704 of this Act
7 (c) Notwithstanding any law to the contrary the Governors authority to
8 reprogram funds under this section shall include the authority to reprogram funds
9 available to all public corporations agencies and entities of the Commonwealth
10 Government upon approval by joint approval ofthe legislature provided that such
11 funds are not restricted from reprogramming by federal law federal grant
12 conditions Commonwealth constitutional prohibitions and deposit and other
13 security restrictions related to bond covenants and the financing of public
14 projects
15 CHAPTER VI SUPPLEMENTAL ADMINISTRATIVE PROVISIONS
16 Section 601 Utilities The amount of $7539509 included in the
17 Independent Programs shall be appropriated for the payment of utilities for the
18 branches departments and agencies of the Commonwealth government except
19 the business units listed in Section 103(b)(7) and the Public School System and
20 the Northern Marianas College
-21 Section 602 Hiring Restriction
22 (a) As long as work hours and wages are reduced no vacancies shall be
23 filled except for critical and emergency positions provided that until a law is
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
passed defining critical and emergency positions said critical and emergency
2 positions must be approved by joint approval of the legislature
3 (b) In order to reduce the size of the Government except for the Public
4 School System the Northern Marianas College and health care professionals of
5 the Department of Public Health and Environmental Services any FTE (full-time
6 equivalent) that becomes vacant shall be eliminated The renewal of the contract
7 for an existing employee shall not be considered creating a vacant position If a
8 new position or vacant position is necessary to be filled to protect the health
9 safety and welfare of the public the expenditure authority may request the
10 Legislature to establish a new FTE by joint resolution The appropriations set
11 forth in Section 704 are contingent on this section remaining in this Appropriation
12 Act
13 Section 603 Litigation Expenditures Restricted
14 Except for the governor the attorney general the chief justice of the
15 Commonwealth supreme court presiding officers of the legislature mayors and
16 municipal councils and notwithstanding any law to the contrary no agency
17 expenditure authority may use any part of their appropriations in connection with
18 prosecuting a legal matter against another agency unless authorized by the chief
19 justice in the case of agencies within the judicial branch the governor in the case
20 of agencies within the executive branch and the presiding officers in the case of
21 agencies within the legislative branch and mayors in the case of agencies under
22 their authority The terms agency and agencies as used in this section shall be
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HDl SSI
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1 liberally construed to include all instrumentalities and subdivisions of the
2 Commonwealth Government
Section 604 Public Auditors Fee
The Public Auditors Fee is 1 (one percent) of the total appropriations
for each instrumentality department agency corporation and budget activity of
the CNMI Government Notwithstanding any other provision of law any lapsed
funds from the Office of Public Auditor shall be applied to CNMI deficit
reduction only Agencies that are not funded by the general fund listed in section
301 (a)-(h) shall remit their respective fee on a monthly basis to the Department
ofFinance
Section 605 Legal Holidays
(a) The following laws and regulations providing for payment of legal
holidays are repealed during fiscal year 2011
1 CMC sect312 and sect313
Title 10 NMIAC sect10-lO-135G) (Excepted Service)
Title 10 NMIAC sectlO-202-346 (Civil Service Executive Branch)
Title lO NMIAC sect lO-30-344 (Civil Service Judicial Branch)
Title 40 NMIAC sect40-40-425 (Commonwealth Ports Authority)
Title 60 NMIAC sect60-301-444 (Public School System)
Title 100 NMIAC sect 100-50-430 (Northern Marianas Housing
Corporation)
Title 120 NMIAC sect120-lO-230 (Excepted Service) and
Title 130 NMIAC 130-20-330 (Office of the Public Auditor)
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HDl SSI
1 (b) Any employee required to work on a legal holiday shall be paid hislher
2 regular salary
3 (c) From the legal holidays listed in 1 CMC sect311 the Governor may
4 select one or more legal holidays for fiscal year 2011 for which employees shall
5 receive leave with pay
6 (d) Although leave with pay is not required for legal holidays during
7 Fiscal Year 2011 expenditure authorities may grant leave with pay for their
8 employees if they have available funds in their personnel account
9 CHAPTER VII APPROPRIATIONS
10 Section 701 In General
11 (a) Funds designated in Chapter II as available for appropriation for FY 2011
12 are hereby appropriated pursuant to this Chapter
13 (b) A business units FTE ceiling shall be established in this Chapter No
14 business unit shall exceed its FTE ceiling unless authorized by this Act or joint
15 resolution of the legislature
16 (c) Reduction in the Level of Appropriations In order to provide expenditure
17 authorities with flexibility in determining the allocation of funding for their operations
18 expenditure authorities must reduce their expenditures to achieve the level of
19 appropriation under this Act
20 Expenditure authorities may reduce previous levels ofexpenditure by
21 (1) A reduction in work hours
22 (2) A reduction in wages
23 (3) Furlough
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
1 (4) A reduction in force
2 (5) A reduction in expenditures for all others or
3 (6) A combination of reductions under subsections (1) through (5)
4 (d) The reduction in work hours shall not exceed 16 hours per bi-weekly pay
5 period If sufficient additional resources are not identified during the first quarter of
6 FY 2011 to allow an increase in work hours the reduction in work hours may be
7 continued
8 (e) Suspension of Restrictions on Reprogramming To provide for the
9 reprogramming between personnel and non-personnel accounts 1 CMC sect7402(c) is
10 suspended for the period that this Act is in effect
11 (f) Provided however that during the period of this Act no funds shall be I I
12 reprogrammed from non-personnel accounts to personnel accounts to increase any
13 salaries from its current level
14 Section 702 Judicial Branch
15 (a) There is hereby appropriated the following amounts to fund the personnel
16 and non-personnel expenses as listed below of the Judicial branch
17 FTE PERSONNEL OPERATIONS TOTAL
18 Supreme Court 11 792333 3639 795972
19 Superior Court 45 1714552 160961 1875513
20 Administration 13 295435 217240 512675
21 Law Revision Comm 5 132442 6245 138687
22 TOTAL 74 $2934762 $388085 $3322847
23 Section 703 Legislative Branch
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
1 (a) In accordance with Article II sect16(b) and (c) of the NMI Constitution as
2 amended by Legislative Initiative 10-8 the following amounts are hereby appropriated
3 to fund the personnel retirement contribution and non-personnel expenses as listed
4 below of the Legislative branch
5 FTE PERSONNEL OPERATIONS TOTAL
6 House Members Salary 20 954597 954597
7 House Members Allocation 100 1700000 1700000
8 House Leadership Allocation 138000 138000
9 Senate 9 431141 431141
10 Senate Members Allocation 45 765000 765000
11 Senate Leadership Allocation 138000 138000
12 Legislative Bureau 28 1274764 167000 1441764
13 CNMI Youth Congress 1 21167 20000 41167
14 TOTAL 203 $2681669 $2928000 $5609669
15 (b) Salaries of Legislative Members
16 (1) The amount appropriated under this section to the House of
17 Representatives under personnel shall be used to fund the salaries and
18 benefits of the members of the House of Representatives The expenditure
19 authority for the amounts appropriated shall be the Secretary of Finance
20 (2) The amount appropriated under this section to the Senate under
21 personnel shall be used to fund the salaries and benefits of the members of the
22 Senate The expenditure authority for the amounts appropriated shall be the
23 Secretary of Finance
24 (c) House Members Office Accounts and Employees
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
(1) The Department of Finance shall establish and assign a number to a
new business unit account entitled House Members Office Accounts for the
appropriation for House Members Allocation Another new business unit
account entitled Senate Members Office Accounts for the appropriation for
Senate Members Allocation Under each of these said accounts an equal
amount of the appropriation shall be allocated to subaccount further established
thereunder for each member of the respective house for the operations of the
members office as permitted under section 16 of article II of the CNMI
Constitution applicable laws and the rules of the legislative body to which the
member was elected
(2) Notwithstanding 1 CMC sect7401(c) to the contrary each member
shall be the expenditure authority of the funds allocated to their individual sub-
account
(3) Funds allocated for the operation of the members office including
but not limited to the personnel costs of the members employees and
expenditures as authorized by the adopted rules of the Senate in the case of the
Senate member or the adopted rules ofthe House of Representatives in the case
of a House member such as a monthly stipend to defray travel and incidental
expenses for the purpose of attending to legislative business outside the
members senatorial district
(4) Allocation ofFTEs among House members shall be governed by the
rules of the House
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
(5) Allocation of FTEs among Senate members shall be governed by
the rules of the Senate
(d) Senate and House Leadership Accounts
(1) The Department of Finance shall establish and assign a number to
two new business unit accounts one entitled House Leadership Account for
the appropriation in the amount of $138000 under All Others and another
new business unit account entitled Senate Leadership Account for the
appropriation in the amount of $138000 under All Others
(2) The presiding officer of each respective house or his lawfully
authorized designee shall be the expenditure authority and shall use such funds
to support the operations and activities of the House of Representatives and
Senate in accordance with its rules provided that the presiding officer
distributes a portion of the total appropriation in equal amounts to all the
standing committees for their operations and activities
(e) Legislative Bureau The expenditure authority of the funds appropriated for
the Legislative Bureau shall be the Director of the Legislative Bureau or his or her
lawfully authorized designee
(f) Northern Marianas Youth Congress The expenditure authority is vested in
the Director of the Legislative Bureau with the consultation of the Speaker of the
Northern Mariana Islands Youth Congress
Section 704 Executive Branch
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SS1
1 There are hereby appropriated the following amounts to fund the personnel and
2 non-personnel expenses of the offices programs and activities of the Executive Branch
3 as listed below
4 FTE PERSONNEL OPERATIONS TOTAL
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6
7
8
9
10
11
12
13
14
15
16
17
18
19
21
22
23
24
25
26
27
28
29 30 i31
Office ofGov
Attorney General
Commerce
Comm amp Cult Affairs
Corrections
Finance
Labor
Lands amp Natural Res
Public Health
Public Safety
Public Works
Total
140
42
32
88
96
163
44
98
485
258
129
1575 $45120729 $14184384 $59305113
Section 705 First Senatorial District Rota
(a) There is hereby appropriated the following amounts to fund the personnel
and non-personnel expenses as listed below of the First Senatorial District
Mayor
Municipal Coun
Commerce (econ Dev)
CampCA
Police (DPS)
Fire
Finance amp Actg
Revenue amp Tax
Customs
Procurement amp Supply
Labor
FTE PERSONNEL OPERATIONS
99
11
8
10
34
12
3
3
6
2
7
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
1 Agriculture 20
2 Historic Preservation 4
3 Lands Regisamp Survey 6
4 Fish amp Wildlife 5
5 Parks amp Recreation 4
6 Soil amp Water Consv
7 Rota Health Center 51
8 Dental Services 4
9 DPH Med Referral 5
10 Environmental Health 2
11 Public Works 23
12 Total 320 $5677593 $576487 $6256080
13 (b) The Rota Legislative Delegation shall determine by Local Delegation
14 Resolution the allocation of the funds appropriated for the First Senatorial District
15 (c) Except as provided in this section the Mayor ofRota shall have authority to
16 expend obligate encumber or otherwise commit the funds appropriated to the First
17 Senatorial District Notwithstanding any law to the contrary the Mayor of Rota shall
18 have 100 reprogramming authority of the funds appropriated in this Act
19 Appropriations to the Municipal Council shall be divided and distributed equally to
20 each member of the Municipal Council Each Municipal Council member shall be the
21 expenditure authority of funds distributed to himher Additionally in accord with the
22 Superior Courts decision in the case of Inos v Tenorio the Mayors shall also have
23 expenditure authority over resident government departments in the First and Second
24 senatorial districts respectively unless the Governor revokes expenditure authority in a
25 manner consistent with the Superior Courts holding in Inos v Tenorio to wit
26 expenditure authority over resident departments that are primarily concerned with the
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
delivery of public services can be revoked only on a prior showing of just cause but
the Governor has discretion to revoke expenditure authority over those departments
that are primarily concerned with enforcing the law
(c) Rota Health Center Three hundred forty thousand ($34000000) from the
First Senatorial Districts budget appropriation is hereby allocated to pay for
professional services for nurses technicians and other medical and auxiliary
professionals as needed including one mental health counselor in the amount of Thirty
Three Thousand Dollars ($3300000)
(d) DPS Cadets One hundred seven thousand seven hundred eighty
($10778000) from the First Senatorial Districts budget appropriation is hereby
allocated for five (5) Full Time Equivalents (FTEs) for the Rota Department of Public
Safety of the total 329 FTEs to fully fund the five (5) 2010 DPS Academy graduates
from the First District who shall be placed as FTEs within the Rota Department of
Public Safety Any shortfall for overtime retirement or benefits shall be borne by the
municipality
(e) Dentist Seventy-seven thousand two hundred dollars ($77200) from the
First Senatorial Districts budget appropriation is hereby allocated for one (1) Full
Time Equivalent (FTE) to hire a dentist
Section 706 Second Senatorial District - Tinian amp Aguiguan
(a) There is hereby appropriated the following amounts to fund the personnel
and non-personnel expenses of the Second Senatorial District as listed below
FTE PERSONNEL OPERATIONS TOTAL
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SS1
Mayor 112
Municipal Council 3
Commerce (econo dev) 4
Historic Preservation 2
CampCA 3
Customs 3
Finance amp Acctg 2
Procurement amp Supply 2
Revenue amp Tax
Labor 8
Agriculture 15
Fish amp Wildlife 2
Parks amp Recreation 5
Environmental Health 4
Dental Services 3
Tinian Health Center 49
Police (DPS) 45
Public Works ~
Total 268 $5179361 $1076719
20 (b) The Tinian and Aguiguan Legislative Delegation shall determine by Local
21 Delegation Resolution the allocation of the funds appropriated for the Second
22 Senatorial District
23 (c) The Mayor and the Chairperson of the Municipal Council shall have the
24 expenditure authority for appropriations for their respective offices except as provided
25 below Notwithstanding any law to the contrary the Mayor of Tinian amp Aguiguan shall
26 have 100 reprogramming authority of the funds appropriated in this Act Each
27 Municipal Council member shall allocate and provide for the expenditure of the funds
28 appropriated to the Council in accordance with the Official Rules of the Council
29 Additionally in accord with the Superior Courts decision in the case of Inos v
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 lID1 SS1
Tenorio the Mayors shall also have expenditure authority over resident government
2 departments in the First and Second senatorial districts respectively unless the
3 Governor revokes expenditure authority in a manner consistent with the Superior
4 Courts holding in Inos v Tenorio to wit expenditure authority over resident
5 departments that are primarily concerned with the delivery of public services can be
6 revoked only on a prior showing of just cause but the Governor has discretion to
7 revoke expenditure authority over those departments that are primarily concerned with
8 enforcing the law
9 (d) Tinian Health Center Four hundred twenty seven thousand seven hundred
10 twenty seven and eighty one ($42772781) from the Second Senatorial Districts
11 budget appropriation is hereby allocated to pay for the direct hiring of nurses ancillary
12 staff and other needed administrative adjustments on personnel matters
13 (e) Tinian Municipal Council One hundred twenty three thousand four
14 hundred three ($123403) All Others appropriation of the Municipal Council is
15 hereby allocated as follows (1) $15000 for office rental and administrative purposes
16 and (2) $108403 for community projects and other functions ofwhich $75000 shall be
17 allocated to the chairman and the remaining balance shall be divided equally among the
18 other two members who shall be the expenditure authority of such funds
19 (f) Tinian Commerce Thirty eight thousand one hundred forty one ($38141)
20 is hereby allocated under AU Others for operations and office supplies
Section707 Third Senatorial District - Mayor ofSaipan Mayor of the Northern
Islands and Saipan and Northern Islands Municipal Council
PUBLIC LAW NO 17-21 HOUSE BILL l7~l23 HDl SSl
1 (a) There is hereby appropriated the following amounts to fund the personnel
2 and non-personnel expenses of the municipal governments of Saipan and the Northern
3 Islands as listed below
4 FTE PERSONNEL OPERATIONS TOTAL
5 Saipan Mayor 48 $875509 $248240 $1123257 6 NI Mayor 11 $192849 $86716 $279565
7 Saipan Mun Council 1 $34076 $27447 $61523
8 Total 60 $1102434 $362411 $1464845
9 (b) The Mayor of Saipan the Mayor of the Northern Islands and the
10 Chairperson of the Municipal Council for Saipan and the Northern Islands shall be the
11 expenditure authority for appropriations for their respective offices Notwithstanding
12 any law to the contrary the Mayors of Saipan and the Northern Islands respectively
13 shall have 100 reprogramming authority of the funds appropriated in this Act
14 Section 708 Autonomous Agencies
15 (a) There is hereby appropriated the following amounts to fund the following
16 autonomous agencies as listed below
17 FTE PERSONNEL OPERATIONS TOTAL
18 NMC 160 $4099229 $364235 $4464464
MVA 36 $832531 $1780496 $2611027
ajlst amp and SeRaterl Dist $369999 $36886611gtfif~tll~fu0 PSS ll13 $28521990 $2617529 $31140519f-AP( 21
22 BOE 2 $1372685 $26643 ~164~28
23 Total 1312 $33591435 $5148903 $38740338
24 (b) Northern Marianas College
25 (1) The president of the Northern Marianas College shall be the
26 expenditure authority of the appropriated funds
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
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(c) Marianas Visitors Authority
(1) The chairman of the Board of Directors of the Marianas Visitors
Authority shall be the expenditure authority ofthe appropriated funds
(2) Tlnee hundted sixty thousand ($360000) of the All OthelS
appropriation ofth Malianas Visitors Burau sball allocatd as follows
(i) One httndred 1vveftty thousRJJd ($120000) to susidiZle the
eftartef flights from Japan to Rota under the eKpndinY=e authority of the
Cbairman oftbe Marianas Visitors AQtborityen
(ii) One bll1dred Pyenellty tbollSaad ($120000) to promote and
market Tinian as a tourist destinatioR under the expenditure ffitthority of
the Chairman of the Mwianas Visitors Authoriry ctnd
(iii) 000 hundred tlJlnty thousand ($120000) to pay the
outstandiag KllT aGGount for completed Gbafter flights from Japan to
RotH under the expenditUfe authority of the Chairman of the Marianas
Visitor s 1AzYtbor~[
(d) Public School System
(1) The expenditure authority shall be the Commissioner of Education
or hislher designee
(2) No part of funds appropriated to BU 1607 the Public School
System shall be used to pay for any expense including but not limited to travel
or reimbursement of the Board of Education its board members and staff
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SS1
1 (e) Board of Education The chairperson of the Board of Education shall be the
2 expenditure authority of the appropriated funds
3 Section 709 Boards and Commissions
4 (a) There is hereby appropriated the following amounts to fund the following
5 boards and commissions as listed below
FTE PERSONNEL OPERATIONS
BPL
Civil Servo Comm
Election Comm
Total
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4
1 14
$88732
$164803
$1762806
$430341
$13264
$2183
$932819
$109266
11 Section 710 Independent Programs
12 There is hereby appropriated the following amounts to fund the following
13 independent programs and activities as listed below
14 FTE PERSONNEL OPERATIONS TOTAL
15 Ayuda Network 18417 18417
16 Commonwealth Museum 4 96395 40140 136535
17 Domestic Violence 36834 36834
18 Humanities Council 4604 4604
19 JoetenlKiyu Public Library 7 128933 39674 168607
20 Marianas Bound - Karidat 54147 54147
21 Micronesian Legal Legal Services - 18417 18417
22 Nat Govs Assoc 40518 40518
23 Public Assis Program 17577 17577
24 Govt Utilities 7539509 7539509
25 Judgment 76258 76258
26 La Fiesta Lease 200000 200000
27 Aetna R-Off amp Ret -- 1463483 0 1463483
28 Total 11 1688811 8492643 10181454
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
(a) Joeten-Kiyu Public Library The expenditure authority shall be the
chairperson of the Commonwealth Library Council
(b) Public Assistance - Matching Funds The expenditure authority shall be
the Governor or his designee
(c) Judgments against the Government The expenditure authority shall be the
Secretary of Finance in consultation with the Attorney General
(d) Commonwealth Museum The chairperson of the Board of Governors of
the Commonwealth Museum or hislher designee shall be the expenditure authority
(e) Ayuda Network The expenditure authority shall be the chairperson of the
board of directors
(f) KARlDAT The executive director of Marianas Bound (KARlDAT) shall
be the expenditure authority
(g) Micronesian Legal Services The executive director of the Micronesian
Legal Services Corporation shall be the expenditure authority
(h) For programs and activities not specifically mentioned the expenditure
authority shall be the Secretary of Finance
Section 711 Other Programs
(a) There is hereby appropriated the following amounts to the following other
programs as listed below
FTE PERSONNEL OPERATIONS TOTAL
22
23
NMIOICC
Ret Pension GovLtGov
Ret PL5-3 (COLA)
1 $27476
$147506
o o
413276
$27476
$147506
$413276
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
1 Workers Comp Comm ~ $121061 129648 $250709
2 Total 6 $297751 $541216 $838967
3 Section 712 Department of Public Lands
4 (a) Pursuant to Section 103 of Public Law 15-2 $2820886 is appropriated to
5 the Department of Public Lands as follows
6 Personnel $1765104
7 Operations $1055782
8 Total $2820886
9 FTE Ceiling 65
10 No funds received or collected by or remitted to the Department of Public Lands
11 pursuant to Public Law 15-2 that are in excess of the amount appropriated in this
12 section may be reprogrammed or expended absent legislative appropriation or in
13 violation of the Constitution
14 Section 713 Reporting Requirements The expenditure authorities of the
15 foregoing activities listed in Chapter VII shall submit to the presiding officers of the
16 legislature at the end of each quarter an itemized report on the expenditures for
17 personnel and operations of each government entity and the payments of the public
18 auditors fee for the quarter ended and if applicable year-to-date totals as of the close
19 of the reporting period
20 Section 714 Compact Impact Funds
middot21 Compact Impact funds shall be used III accordance with the terms and
22 conditions set forth in the Grant Agreement and shall be used to defray qualified
23 expenses for the following activities
24 (a) Office of Public Defender $ 37151
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HDt SSI
1 (b) Dept of Community amp Cultural Affairs
2 (c) Dept of Corrections
3 (d) Dept of Public Health
4 (e) Department of Public Safety
5 Total
6 Section 715 Outside Sources
$ 44616
$ 154698
$ 536744
$ 1157234
$1930443
7 (a) Notwithstanding any law to the contrary the Governor is authorized to
8 transfer qualified operational expenses to available and unencumbered outside general
9 fund accounts not to exceed $3500000 which are hereby appropriated to pay for such
10 expenses
11 CHAPTER VIII GENERAL PROVISIONS
12 Section 801 Severability If any provision of this Act or its application to any
13 person or circumstance is held invalid the invalidity does not affect other provisions
14 or applications of the Act which can be given effect without the invalid provision or
middot15 applications and to this end the provisions ofthis Act are severable
16 Section 802 Savings Clause This Act and any repealer contained herein shall
middot17 not be construed as affecting any existing right acquired under contract or acquired
18 under statutes repealed or under any rule regulation or order adopted under the statutes
middot19 Repealers contained in this Act shall not affect any proceeding instituted under or
ao pursuant to prior law The enactment of this Act shall not have the effect of terminating
21 or in any way modifying any liability civil or criminal which shall already be in
22 existence at the date this Act becomes effective
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HDl SSI
1 Section 803 Effective Date This Act shall become law upon its approval by the
2 Governor or it becoming law without such approvaL
House Clerk
Certiiedby ~~f OILAN C ORiOSPEAKER
this
Governor
2010
Commonwealth ofthe Northern Mariana Islands
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PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HDl SSI
1142 Finance - Procurement - Rota
1152 DOF - Customs - Rota
1232 Historic Preservation - Rota
1272 CCA - Sports amp Recreation- Rota
1282 DOL - Labor - Rota
1312 Commerce - Economic Dev - Rota
1352 DPS - Police - Rota
1353 DPS - Property and Protection Fire
1412 DLNR - Agriculture - Rota
1422 DLNR - Fish amp Wildlife - Rota
1442 DLNR - Parks amp Recreation - Rota
1463 DLNR - Soil amp Water Cons
1468 DLNR - Land Registration amp Survey
1482 DPW - Operations amp Maintenance - Rota
1523 Public Library - Rota
1912 DPH - Public Health - Rota
1957 DPH - Environmental Health - Rota
1989 DPH - Dental Services - Rota
3421 Youth Training
(5) Second Senatorial District (Tinian and Aguiguan) which
includes the following business units
1063 Mayor ofTinian - Office
1067 Mayors Contingency Fund
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
1 1064
2 1111
3 1131
4 1141
5 1151
6 1231
7 1271
8 1281
9 1311
10 1351
11 1411
12 1421
13 1441
14 1462
15 1481
16 1524
17 1906
18 1907
19 1911
20 3420
Municipal Council - Tinian
Finance amp Accounting - Tinian
DOF - Revenue amp Tax - Tinian
DOF - Procurement - Tinian
DOF - Customs - Tinian
CCA - Historic Preservation - Tinian
CCA - Sports amp Rec - Tinian
Labor - Labor - Tinian
Commerce - Economic Dev - Tinian
DPS - Police - Tinian
DLNR - Agriculture - Tinian
DLNR - Fish amp Wildlife - Tinian
DLNR - Parks amp Recreation - Tinian
DLNR - Soil amp Water Cons - Tinian
DPW - Operations amp Maintenance - Tinian
Public Library - Tinian
DPH - Public Health - Tinian
DPH - Dental Services - Tinian
DPH - Environmental Health - Tinian
Youth Training
lt21 (6) Third Senatorial District (Saipan and the Northern Islands)
which includes the following governmental offices
23 1060 Mayor ofNorthern Islands
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
1061 Mayor of Saipan - Mayors Office
1059 Mayors Contingency Account
1062 Saipan and Northern Islands - Municipal Council
(7) All government corporations as defined in 1 CMC sect7103(n)
for which budget authority is herein provided including the following
(A) Commonwealth Development Authority
(B) Commonwealth Ports Authority
(C) Commonwealth Utilities Corporation
(D) Marianas Public Land Trust
(E) Northern Marianas Housing Corporation
(F) Northern Marianas Retirement Fund
(G) Public Utilities Commission
(8) Boards and Commissions which includes the following
business units
1540 Civil Service Commission
1551 Commission on Election
1556 Board of Professional Licensing
(9) Other Programs and Autonomous Agencies which includes the
following business units
1600 Workers Compensation Commission
1601 Governor I Lt Gov Pension
1602 Retirement COLA PL 5-38-39-25
1603 NMIOIC
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
Aetna R -Off amp Ret
(10) Public Corporations which includes the following business
units
1605 Northern Marianas College
3450 NMC - Apprentice Program
1606 Marianas Visitors Authority
1001 Board Of Education
1607 Public School System
(c) Independent programs means government programs under
separate boards established by law (unless receiving appropriations or
budget authority under another heading) specialized general items of
appropriations and those non-profit corporations and associations or
organizations established outside of the Government of the
Commonwealth of the Northern Mariana Islands to which the
Commonwealth Government provides financial assistance including
business units
1592 Joeten-Kiyu Public Library
1515 Public Assistance Program Matching Funds
1623 Judgments Against Government
3661 Commonwealth Museum
New La Fiesta Lease
1549 Council for the Humanities
23 1562 Ayuda Network
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
1568 Domestic Violence
1570 National Governors Association
1577 Karidat
1580 Micronesian Legal Services
1591 Utilities - CNMI Government
(d) Local funds means locally generated revenues and revenues
received pursuant to Section 702 (a) of the Covenant
(e) Operations means appropriations for all lawful activities
other than personnel
(f) Personnel means appropriations for salaries employers
contribution to the Northern Marianas Retirement Fund the Defined
Contribution Plan overtime night differential hazardous pay and other
employee wages and benefits
(g) Position or Full-Time Equivalent (FTE) means the
maximum number of persons that may be employed pursuant to Article
X Section 7 of the Commonwealth Constitution but does not include
Workforce Investment Agency substitute teachers summer trainees
teacher aides physicians licensed professional nurses and licensed allied
health providers working part-time and paid only for instructional time
student teacher trainees or short-term specialized instructors such as
visiting artists performers writers and the like For purposes of this
exception part-time means employment not exceeding 40 hours in any
biweekly pay period and short-term meansmiddot not more than 90
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 DD1 SS1
instructional days employment within the Public School System during the
fiscal year
CHAPTER ll ESTIMATED REVENUES
Section 201 Estimated Revenues Pursuant to House Concurrent
Resolution No 17-2 HDl the total estimated revenues and resources approved
and identified for FY 2011 are as follows
L Total identified budgetary resources $149171000
II This amount is subject to the following adjustments
(a) Less revenue transfer to other funds
(1) PL 13-38 Cigarette Excise Tax to Tobacco Control lt1365000gt
(2) 10 Excise Tax Transfer to Solid Waste Revolving Fund lt1585000gt
(3) CIQ reimbursement for airport overtime lt475000gt
(4) 4 CMC Section 1803 (b) NMIRF Hotelcontainer tax per court order
lt1690000gt
(5) 4 CMC Section 1803 (b) MV A hotel container tax earmarking
lt3835000gt
(b) Less debt services previously appropriated
(1) 2003A $40 million bond repayment lt$369000gt
(2) 2007 A refunding bond payment lt$5152500gt
(3) 2007B refunding bond payment lt$2134500gt
(c) Deficit Reduction $
Subtotal lt$16606000gt
(d) Net FY 2011 budgetary resources available for appropriation $132565000
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSt
1 ( e) Department of Public Lands $2820866
2 Grand Total
3 Notwithstanding 1 CMC 7204 funds appropriated for FY2011 shall be
4 allotted monthly
5 Section 202 Suspension of Earmarked Funds Except for debt service
6 obligations and other earmarking of funds as permitted in Section 201 of this
7 Chapter the earmarking reservation commitment allotment or allocation of
8 funds pursuant to the following public laws are hereby suspended for Fiscal Year
9 2011
10 (a) Public Laws 15-5 and 14-54 (Non-resident Worker Fund Fees
11 to NMC and PSS and 10 of Gaming Jackpot Tax to PSS) and
12 (b) 4 CMC sect 1508(a) and (b) (10 of General Fund poker fees to
13 the Human Resources Development Fund [WIA] and 50 to the
14 Retirement Fund)
15 CHAPTER III
16 GOVERNMENT CORPORATIONS AND DESIGNATED
17 AGENCIESACTIVITIES
18 Section 301 Appropriation and Budget Authority Pursuant to 1 CMC sect
19 7206 and as provided herein budget and expenditure authority for the following
20 activities is hereby approved Expenditures in excess of the budget authority
21 approved herein for agencies to which public funds are appropriated shall not be
22 incurred or committed and hiring in excess of FTE ceilings is prohibited unless
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HDl SSI
1 authorized by a legislative joint resolution in accordance with Section 7 Article X
2 of the NMI Constitution
3 ACTIVITIES FTE OPERATIONS TOTAL
4 (a) Commonwealth Development Authority 27 758386 452691 1211077
5 (b) Commonwealth Ports Authority no submittal
6 (c) CNMI Govt Health amp Life Ins --------------------Privatized ------------------shy
7 (d) Commonwealth Utilities Corporation no submittal
8 (e) NM Housing Corporation 24 1110989 1113108 2224097
9 (f) NMI Ret Fund 27 1353669 76659330 78012999
10 (g) Office ofthe Public Auditor 30 1818525 755700 2574225
11 (h) Public Utilities Commission 55553 137550 193103
12 Grand Total 109 $520972122 $7921182379 8422152501
13 Notwithstanding the above dollar amounts the entities above shall expend only
14 the lesser of funds actually generated collected or received or the amounts
15 indicated above
16 Section 302 Prior Certification of Funds
17 No person shall be employed or enter into contractual relationship with the
18 Commonwealth or any government entity therein without first receiving from the
19 Secretary of the Department of Finance certification that lawful and sufficient
20 funds for the purpose are available For purposes of this section professional
21 services shall include but not be limited to services provided by engineers
22 accountants physicians lawyers and other similar professionals
23 Section 303 Reporting Requirement The expenditure authorities of the
24 foregoing activities listed in Section 301 shall submit to the presiding officers of
25 the legislature at the end of each quarter an itemized report on the expenditures
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PUBLIC LAW NO 17-21
HOUSE BILL t7~t23 HDt SSt
for personnel and operations of each government entity and the payments of the
public auditors fee for the quarter ended and if applicable year~to-date totals as
of the close of the reporting period
CHAPTERIV ADMINISTRATION OF APPROPRIATED FUNDS
Section 401 Management of Funds
The expenditure of the funds appropriated and allocated under this Act
shall be regulated and controlled by the Secretary of Finance so that no agency
department instrumentality program or activity may expend the funds contrary
to the law or fiscal management policies and practices of the Commonwealth
Provided further that in addition to the report required under 1 CMC sect7209 the
Secretary ofFinance shall submit at the end of each quarter an itemized report on
the expenditures for personnel and operations of each business unit funded in
whole or in part by the General Fund for the quarter ended and if applicable
year-to-date totals as of the close of the reporting period
Section 402 Notwithstanding 1 CMC sect 7204 without prior legislative
approval consultation and concurrence no funds appropriated in this Act shall be
reduced or reprogrammed by the Governor except as provided herein
Section 403 FTE Ceiling
(a) Employment Ceilings Pursuant to Article X sect 7 of the
Commonwealth Constitution the employment ceilings are hereby established as
21 set forth herein
Section 404 Expenditure Authority 22
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SS1
(a) The distribution and expenditure of funds shall be in compliance with
the fiscal expenditure authority the listed agencies have pursuant to statute and the
administrative provisions of this Act as set forth herein
(b) Except as provided in this Act the funds appropriated pursuant to this
Act shall be expended by the respective expenditure authority pursuant to 1 CMC
sectsect 7401 and 7503
(c) For the Ground Water Management and Protection Act Fund
expenditure authority is vested in the Director of the Division of Environmental
Quality
(d) For all government agencies receiving appropriated funds for
personnel or staff housing administrative and expenditure authority over housing
and accompanying funds including but not limited to approval of lease
agreements is vested in the appropriate agency officials designated by law as
having expenditure authority
(e) For the Domestic Violence Task Force expenditure authority is vested
in the Family Violence Task Force chairperson with concurrence of the Family
Violence Task Force coordinator
(f) For Crime Stoppers International the chairperson of the board of the
directors shall be the expenditure authority
(g) For Independent Programs unless otherwise provided in this Act or in
any other provision of law expenditure authority shall be vested in the Secretary
ofFinance
23 CHAPTER V REPROGRAMMING AUTHORITY
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 lID1 SSI
Section 501 Reprogramming Authority
2 (a) Unless otherwise specified in this act authority to reprogram
3 appropriated funds shall be as provided under I CMC sectsect 7402 and 7504
4 (b) Provided however 1 CMC sectsect 7402 (b) is hereby suspended for the
5 period of this Act Governor shall have 100 reprogramming authority on funds
6 appropriated under Section 704 of this Act
7 (c) Notwithstanding any law to the contrary the Governors authority to
8 reprogram funds under this section shall include the authority to reprogram funds
9 available to all public corporations agencies and entities of the Commonwealth
10 Government upon approval by joint approval ofthe legislature provided that such
11 funds are not restricted from reprogramming by federal law federal grant
12 conditions Commonwealth constitutional prohibitions and deposit and other
13 security restrictions related to bond covenants and the financing of public
14 projects
15 CHAPTER VI SUPPLEMENTAL ADMINISTRATIVE PROVISIONS
16 Section 601 Utilities The amount of $7539509 included in the
17 Independent Programs shall be appropriated for the payment of utilities for the
18 branches departments and agencies of the Commonwealth government except
19 the business units listed in Section 103(b)(7) and the Public School System and
20 the Northern Marianas College
-21 Section 602 Hiring Restriction
22 (a) As long as work hours and wages are reduced no vacancies shall be
23 filled except for critical and emergency positions provided that until a law is
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
passed defining critical and emergency positions said critical and emergency
2 positions must be approved by joint approval of the legislature
3 (b) In order to reduce the size of the Government except for the Public
4 School System the Northern Marianas College and health care professionals of
5 the Department of Public Health and Environmental Services any FTE (full-time
6 equivalent) that becomes vacant shall be eliminated The renewal of the contract
7 for an existing employee shall not be considered creating a vacant position If a
8 new position or vacant position is necessary to be filled to protect the health
9 safety and welfare of the public the expenditure authority may request the
10 Legislature to establish a new FTE by joint resolution The appropriations set
11 forth in Section 704 are contingent on this section remaining in this Appropriation
12 Act
13 Section 603 Litigation Expenditures Restricted
14 Except for the governor the attorney general the chief justice of the
15 Commonwealth supreme court presiding officers of the legislature mayors and
16 municipal councils and notwithstanding any law to the contrary no agency
17 expenditure authority may use any part of their appropriations in connection with
18 prosecuting a legal matter against another agency unless authorized by the chief
19 justice in the case of agencies within the judicial branch the governor in the case
20 of agencies within the executive branch and the presiding officers in the case of
21 agencies within the legislative branch and mayors in the case of agencies under
22 their authority The terms agency and agencies as used in this section shall be
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HDl SSI
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1 liberally construed to include all instrumentalities and subdivisions of the
2 Commonwealth Government
Section 604 Public Auditors Fee
The Public Auditors Fee is 1 (one percent) of the total appropriations
for each instrumentality department agency corporation and budget activity of
the CNMI Government Notwithstanding any other provision of law any lapsed
funds from the Office of Public Auditor shall be applied to CNMI deficit
reduction only Agencies that are not funded by the general fund listed in section
301 (a)-(h) shall remit their respective fee on a monthly basis to the Department
ofFinance
Section 605 Legal Holidays
(a) The following laws and regulations providing for payment of legal
holidays are repealed during fiscal year 2011
1 CMC sect312 and sect313
Title 10 NMIAC sect10-lO-135G) (Excepted Service)
Title 10 NMIAC sectlO-202-346 (Civil Service Executive Branch)
Title lO NMIAC sect lO-30-344 (Civil Service Judicial Branch)
Title 40 NMIAC sect40-40-425 (Commonwealth Ports Authority)
Title 60 NMIAC sect60-301-444 (Public School System)
Title 100 NMIAC sect 100-50-430 (Northern Marianas Housing
Corporation)
Title 120 NMIAC sect120-lO-230 (Excepted Service) and
Title 130 NMIAC 130-20-330 (Office of the Public Auditor)
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HDl SSI
1 (b) Any employee required to work on a legal holiday shall be paid hislher
2 regular salary
3 (c) From the legal holidays listed in 1 CMC sect311 the Governor may
4 select one or more legal holidays for fiscal year 2011 for which employees shall
5 receive leave with pay
6 (d) Although leave with pay is not required for legal holidays during
7 Fiscal Year 2011 expenditure authorities may grant leave with pay for their
8 employees if they have available funds in their personnel account
9 CHAPTER VII APPROPRIATIONS
10 Section 701 In General
11 (a) Funds designated in Chapter II as available for appropriation for FY 2011
12 are hereby appropriated pursuant to this Chapter
13 (b) A business units FTE ceiling shall be established in this Chapter No
14 business unit shall exceed its FTE ceiling unless authorized by this Act or joint
15 resolution of the legislature
16 (c) Reduction in the Level of Appropriations In order to provide expenditure
17 authorities with flexibility in determining the allocation of funding for their operations
18 expenditure authorities must reduce their expenditures to achieve the level of
19 appropriation under this Act
20 Expenditure authorities may reduce previous levels ofexpenditure by
21 (1) A reduction in work hours
22 (2) A reduction in wages
23 (3) Furlough
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
1 (4) A reduction in force
2 (5) A reduction in expenditures for all others or
3 (6) A combination of reductions under subsections (1) through (5)
4 (d) The reduction in work hours shall not exceed 16 hours per bi-weekly pay
5 period If sufficient additional resources are not identified during the first quarter of
6 FY 2011 to allow an increase in work hours the reduction in work hours may be
7 continued
8 (e) Suspension of Restrictions on Reprogramming To provide for the
9 reprogramming between personnel and non-personnel accounts 1 CMC sect7402(c) is
10 suspended for the period that this Act is in effect
11 (f) Provided however that during the period of this Act no funds shall be I I
12 reprogrammed from non-personnel accounts to personnel accounts to increase any
13 salaries from its current level
14 Section 702 Judicial Branch
15 (a) There is hereby appropriated the following amounts to fund the personnel
16 and non-personnel expenses as listed below of the Judicial branch
17 FTE PERSONNEL OPERATIONS TOTAL
18 Supreme Court 11 792333 3639 795972
19 Superior Court 45 1714552 160961 1875513
20 Administration 13 295435 217240 512675
21 Law Revision Comm 5 132442 6245 138687
22 TOTAL 74 $2934762 $388085 $3322847
23 Section 703 Legislative Branch
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
1 (a) In accordance with Article II sect16(b) and (c) of the NMI Constitution as
2 amended by Legislative Initiative 10-8 the following amounts are hereby appropriated
3 to fund the personnel retirement contribution and non-personnel expenses as listed
4 below of the Legislative branch
5 FTE PERSONNEL OPERATIONS TOTAL
6 House Members Salary 20 954597 954597
7 House Members Allocation 100 1700000 1700000
8 House Leadership Allocation 138000 138000
9 Senate 9 431141 431141
10 Senate Members Allocation 45 765000 765000
11 Senate Leadership Allocation 138000 138000
12 Legislative Bureau 28 1274764 167000 1441764
13 CNMI Youth Congress 1 21167 20000 41167
14 TOTAL 203 $2681669 $2928000 $5609669
15 (b) Salaries of Legislative Members
16 (1) The amount appropriated under this section to the House of
17 Representatives under personnel shall be used to fund the salaries and
18 benefits of the members of the House of Representatives The expenditure
19 authority for the amounts appropriated shall be the Secretary of Finance
20 (2) The amount appropriated under this section to the Senate under
21 personnel shall be used to fund the salaries and benefits of the members of the
22 Senate The expenditure authority for the amounts appropriated shall be the
23 Secretary of Finance
24 (c) House Members Office Accounts and Employees
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
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22
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
(1) The Department of Finance shall establish and assign a number to a
new business unit account entitled House Members Office Accounts for the
appropriation for House Members Allocation Another new business unit
account entitled Senate Members Office Accounts for the appropriation for
Senate Members Allocation Under each of these said accounts an equal
amount of the appropriation shall be allocated to subaccount further established
thereunder for each member of the respective house for the operations of the
members office as permitted under section 16 of article II of the CNMI
Constitution applicable laws and the rules of the legislative body to which the
member was elected
(2) Notwithstanding 1 CMC sect7401(c) to the contrary each member
shall be the expenditure authority of the funds allocated to their individual sub-
account
(3) Funds allocated for the operation of the members office including
but not limited to the personnel costs of the members employees and
expenditures as authorized by the adopted rules of the Senate in the case of the
Senate member or the adopted rules ofthe House of Representatives in the case
of a House member such as a monthly stipend to defray travel and incidental
expenses for the purpose of attending to legislative business outside the
members senatorial district
(4) Allocation ofFTEs among House members shall be governed by the
rules of the House
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
(5) Allocation of FTEs among Senate members shall be governed by
the rules of the Senate
(d) Senate and House Leadership Accounts
(1) The Department of Finance shall establish and assign a number to
two new business unit accounts one entitled House Leadership Account for
the appropriation in the amount of $138000 under All Others and another
new business unit account entitled Senate Leadership Account for the
appropriation in the amount of $138000 under All Others
(2) The presiding officer of each respective house or his lawfully
authorized designee shall be the expenditure authority and shall use such funds
to support the operations and activities of the House of Representatives and
Senate in accordance with its rules provided that the presiding officer
distributes a portion of the total appropriation in equal amounts to all the
standing committees for their operations and activities
(e) Legislative Bureau The expenditure authority of the funds appropriated for
the Legislative Bureau shall be the Director of the Legislative Bureau or his or her
lawfully authorized designee
(f) Northern Marianas Youth Congress The expenditure authority is vested in
the Director of the Legislative Bureau with the consultation of the Speaker of the
Northern Mariana Islands Youth Congress
Section 704 Executive Branch
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SS1
1 There are hereby appropriated the following amounts to fund the personnel and
2 non-personnel expenses of the offices programs and activities of the Executive Branch
3 as listed below
4 FTE PERSONNEL OPERATIONS TOTAL
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
21
22
23
24
25
26
27
28
29 30 i31
Office ofGov
Attorney General
Commerce
Comm amp Cult Affairs
Corrections
Finance
Labor
Lands amp Natural Res
Public Health
Public Safety
Public Works
Total
140
42
32
88
96
163
44
98
485
258
129
1575 $45120729 $14184384 $59305113
Section 705 First Senatorial District Rota
(a) There is hereby appropriated the following amounts to fund the personnel
and non-personnel expenses as listed below of the First Senatorial District
Mayor
Municipal Coun
Commerce (econ Dev)
CampCA
Police (DPS)
Fire
Finance amp Actg
Revenue amp Tax
Customs
Procurement amp Supply
Labor
FTE PERSONNEL OPERATIONS
99
11
8
10
34
12
3
3
6
2
7
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
1 Agriculture 20
2 Historic Preservation 4
3 Lands Regisamp Survey 6
4 Fish amp Wildlife 5
5 Parks amp Recreation 4
6 Soil amp Water Consv
7 Rota Health Center 51
8 Dental Services 4
9 DPH Med Referral 5
10 Environmental Health 2
11 Public Works 23
12 Total 320 $5677593 $576487 $6256080
13 (b) The Rota Legislative Delegation shall determine by Local Delegation
14 Resolution the allocation of the funds appropriated for the First Senatorial District
15 (c) Except as provided in this section the Mayor ofRota shall have authority to
16 expend obligate encumber or otherwise commit the funds appropriated to the First
17 Senatorial District Notwithstanding any law to the contrary the Mayor of Rota shall
18 have 100 reprogramming authority of the funds appropriated in this Act
19 Appropriations to the Municipal Council shall be divided and distributed equally to
20 each member of the Municipal Council Each Municipal Council member shall be the
21 expenditure authority of funds distributed to himher Additionally in accord with the
22 Superior Courts decision in the case of Inos v Tenorio the Mayors shall also have
23 expenditure authority over resident government departments in the First and Second
24 senatorial districts respectively unless the Governor revokes expenditure authority in a
25 manner consistent with the Superior Courts holding in Inos v Tenorio to wit
26 expenditure authority over resident departments that are primarily concerned with the
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
delivery of public services can be revoked only on a prior showing of just cause but
the Governor has discretion to revoke expenditure authority over those departments
that are primarily concerned with enforcing the law
(c) Rota Health Center Three hundred forty thousand ($34000000) from the
First Senatorial Districts budget appropriation is hereby allocated to pay for
professional services for nurses technicians and other medical and auxiliary
professionals as needed including one mental health counselor in the amount of Thirty
Three Thousand Dollars ($3300000)
(d) DPS Cadets One hundred seven thousand seven hundred eighty
($10778000) from the First Senatorial Districts budget appropriation is hereby
allocated for five (5) Full Time Equivalents (FTEs) for the Rota Department of Public
Safety of the total 329 FTEs to fully fund the five (5) 2010 DPS Academy graduates
from the First District who shall be placed as FTEs within the Rota Department of
Public Safety Any shortfall for overtime retirement or benefits shall be borne by the
municipality
(e) Dentist Seventy-seven thousand two hundred dollars ($77200) from the
First Senatorial Districts budget appropriation is hereby allocated for one (1) Full
Time Equivalent (FTE) to hire a dentist
Section 706 Second Senatorial District - Tinian amp Aguiguan
(a) There is hereby appropriated the following amounts to fund the personnel
and non-personnel expenses of the Second Senatorial District as listed below
FTE PERSONNEL OPERATIONS TOTAL
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SS1
Mayor 112
Municipal Council 3
Commerce (econo dev) 4
Historic Preservation 2
CampCA 3
Customs 3
Finance amp Acctg 2
Procurement amp Supply 2
Revenue amp Tax
Labor 8
Agriculture 15
Fish amp Wildlife 2
Parks amp Recreation 5
Environmental Health 4
Dental Services 3
Tinian Health Center 49
Police (DPS) 45
Public Works ~
Total 268 $5179361 $1076719
20 (b) The Tinian and Aguiguan Legislative Delegation shall determine by Local
21 Delegation Resolution the allocation of the funds appropriated for the Second
22 Senatorial District
23 (c) The Mayor and the Chairperson of the Municipal Council shall have the
24 expenditure authority for appropriations for their respective offices except as provided
25 below Notwithstanding any law to the contrary the Mayor of Tinian amp Aguiguan shall
26 have 100 reprogramming authority of the funds appropriated in this Act Each
27 Municipal Council member shall allocate and provide for the expenditure of the funds
28 appropriated to the Council in accordance with the Official Rules of the Council
29 Additionally in accord with the Superior Courts decision in the case of Inos v
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 lID1 SS1
Tenorio the Mayors shall also have expenditure authority over resident government
2 departments in the First and Second senatorial districts respectively unless the
3 Governor revokes expenditure authority in a manner consistent with the Superior
4 Courts holding in Inos v Tenorio to wit expenditure authority over resident
5 departments that are primarily concerned with the delivery of public services can be
6 revoked only on a prior showing of just cause but the Governor has discretion to
7 revoke expenditure authority over those departments that are primarily concerned with
8 enforcing the law
9 (d) Tinian Health Center Four hundred twenty seven thousand seven hundred
10 twenty seven and eighty one ($42772781) from the Second Senatorial Districts
11 budget appropriation is hereby allocated to pay for the direct hiring of nurses ancillary
12 staff and other needed administrative adjustments on personnel matters
13 (e) Tinian Municipal Council One hundred twenty three thousand four
14 hundred three ($123403) All Others appropriation of the Municipal Council is
15 hereby allocated as follows (1) $15000 for office rental and administrative purposes
16 and (2) $108403 for community projects and other functions ofwhich $75000 shall be
17 allocated to the chairman and the remaining balance shall be divided equally among the
18 other two members who shall be the expenditure authority of such funds
19 (f) Tinian Commerce Thirty eight thousand one hundred forty one ($38141)
20 is hereby allocated under AU Others for operations and office supplies
Section707 Third Senatorial District - Mayor ofSaipan Mayor of the Northern
Islands and Saipan and Northern Islands Municipal Council
PUBLIC LAW NO 17-21 HOUSE BILL l7~l23 HDl SSl
1 (a) There is hereby appropriated the following amounts to fund the personnel
2 and non-personnel expenses of the municipal governments of Saipan and the Northern
3 Islands as listed below
4 FTE PERSONNEL OPERATIONS TOTAL
5 Saipan Mayor 48 $875509 $248240 $1123257 6 NI Mayor 11 $192849 $86716 $279565
7 Saipan Mun Council 1 $34076 $27447 $61523
8 Total 60 $1102434 $362411 $1464845
9 (b) The Mayor of Saipan the Mayor of the Northern Islands and the
10 Chairperson of the Municipal Council for Saipan and the Northern Islands shall be the
11 expenditure authority for appropriations for their respective offices Notwithstanding
12 any law to the contrary the Mayors of Saipan and the Northern Islands respectively
13 shall have 100 reprogramming authority of the funds appropriated in this Act
14 Section 708 Autonomous Agencies
15 (a) There is hereby appropriated the following amounts to fund the following
16 autonomous agencies as listed below
17 FTE PERSONNEL OPERATIONS TOTAL
18 NMC 160 $4099229 $364235 $4464464
MVA 36 $832531 $1780496 $2611027
ajlst amp and SeRaterl Dist $369999 $36886611gtfif~tll~fu0 PSS ll13 $28521990 $2617529 $31140519f-AP( 21
22 BOE 2 $1372685 $26643 ~164~28
23 Total 1312 $33591435 $5148903 $38740338
24 (b) Northern Marianas College
25 (1) The president of the Northern Marianas College shall be the
26 expenditure authority of the appropriated funds
i
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
pfiuv~I tys
I I
20
21
(c) Marianas Visitors Authority
(1) The chairman of the Board of Directors of the Marianas Visitors
Authority shall be the expenditure authority ofthe appropriated funds
(2) Tlnee hundted sixty thousand ($360000) of the All OthelS
appropriation ofth Malianas Visitors Burau sball allocatd as follows
(i) One httndred 1vveftty thousRJJd ($120000) to susidiZle the
eftartef flights from Japan to Rota under the eKpndinY=e authority of the
Cbairman oftbe Marianas Visitors AQtborityen
(ii) One bll1dred Pyenellty tbollSaad ($120000) to promote and
market Tinian as a tourist destinatioR under the expenditure ffitthority of
the Chairman of the Mwianas Visitors Authoriry ctnd
(iii) 000 hundred tlJlnty thousand ($120000) to pay the
outstandiag KllT aGGount for completed Gbafter flights from Japan to
RotH under the expenditUfe authority of the Chairman of the Marianas
Visitor s 1AzYtbor~[
(d) Public School System
(1) The expenditure authority shall be the Commissioner of Education
or hislher designee
(2) No part of funds appropriated to BU 1607 the Public School
System shall be used to pay for any expense including but not limited to travel
or reimbursement of the Board of Education its board members and staff
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SS1
1 (e) Board of Education The chairperson of the Board of Education shall be the
2 expenditure authority of the appropriated funds
3 Section 709 Boards and Commissions
4 (a) There is hereby appropriated the following amounts to fund the following
5 boards and commissions as listed below
FTE PERSONNEL OPERATIONS
BPL
Civil Servo Comm
Election Comm
Total
3
4
1 14
$88732
$164803
$1762806
$430341
$13264
$2183
$932819
$109266
11 Section 710 Independent Programs
12 There is hereby appropriated the following amounts to fund the following
13 independent programs and activities as listed below
14 FTE PERSONNEL OPERATIONS TOTAL
15 Ayuda Network 18417 18417
16 Commonwealth Museum 4 96395 40140 136535
17 Domestic Violence 36834 36834
18 Humanities Council 4604 4604
19 JoetenlKiyu Public Library 7 128933 39674 168607
20 Marianas Bound - Karidat 54147 54147
21 Micronesian Legal Legal Services - 18417 18417
22 Nat Govs Assoc 40518 40518
23 Public Assis Program 17577 17577
24 Govt Utilities 7539509 7539509
25 Judgment 76258 76258
26 La Fiesta Lease 200000 200000
27 Aetna R-Off amp Ret -- 1463483 0 1463483
28 Total 11 1688811 8492643 10181454
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
(a) Joeten-Kiyu Public Library The expenditure authority shall be the
chairperson of the Commonwealth Library Council
(b) Public Assistance - Matching Funds The expenditure authority shall be
the Governor or his designee
(c) Judgments against the Government The expenditure authority shall be the
Secretary of Finance in consultation with the Attorney General
(d) Commonwealth Museum The chairperson of the Board of Governors of
the Commonwealth Museum or hislher designee shall be the expenditure authority
(e) Ayuda Network The expenditure authority shall be the chairperson of the
board of directors
(f) KARlDAT The executive director of Marianas Bound (KARlDAT) shall
be the expenditure authority
(g) Micronesian Legal Services The executive director of the Micronesian
Legal Services Corporation shall be the expenditure authority
(h) For programs and activities not specifically mentioned the expenditure
authority shall be the Secretary of Finance
Section 711 Other Programs
(a) There is hereby appropriated the following amounts to the following other
programs as listed below
FTE PERSONNEL OPERATIONS TOTAL
22
23
NMIOICC
Ret Pension GovLtGov
Ret PL5-3 (COLA)
1 $27476
$147506
o o
413276
$27476
$147506
$413276
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
1 Workers Comp Comm ~ $121061 129648 $250709
2 Total 6 $297751 $541216 $838967
3 Section 712 Department of Public Lands
4 (a) Pursuant to Section 103 of Public Law 15-2 $2820886 is appropriated to
5 the Department of Public Lands as follows
6 Personnel $1765104
7 Operations $1055782
8 Total $2820886
9 FTE Ceiling 65
10 No funds received or collected by or remitted to the Department of Public Lands
11 pursuant to Public Law 15-2 that are in excess of the amount appropriated in this
12 section may be reprogrammed or expended absent legislative appropriation or in
13 violation of the Constitution
14 Section 713 Reporting Requirements The expenditure authorities of the
15 foregoing activities listed in Chapter VII shall submit to the presiding officers of the
16 legislature at the end of each quarter an itemized report on the expenditures for
17 personnel and operations of each government entity and the payments of the public
18 auditors fee for the quarter ended and if applicable year-to-date totals as of the close
19 of the reporting period
20 Section 714 Compact Impact Funds
middot21 Compact Impact funds shall be used III accordance with the terms and
22 conditions set forth in the Grant Agreement and shall be used to defray qualified
23 expenses for the following activities
24 (a) Office of Public Defender $ 37151
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HDt SSI
1 (b) Dept of Community amp Cultural Affairs
2 (c) Dept of Corrections
3 (d) Dept of Public Health
4 (e) Department of Public Safety
5 Total
6 Section 715 Outside Sources
$ 44616
$ 154698
$ 536744
$ 1157234
$1930443
7 (a) Notwithstanding any law to the contrary the Governor is authorized to
8 transfer qualified operational expenses to available and unencumbered outside general
9 fund accounts not to exceed $3500000 which are hereby appropriated to pay for such
10 expenses
11 CHAPTER VIII GENERAL PROVISIONS
12 Section 801 Severability If any provision of this Act or its application to any
13 person or circumstance is held invalid the invalidity does not affect other provisions
14 or applications of the Act which can be given effect without the invalid provision or
middot15 applications and to this end the provisions ofthis Act are severable
16 Section 802 Savings Clause This Act and any repealer contained herein shall
middot17 not be construed as affecting any existing right acquired under contract or acquired
18 under statutes repealed or under any rule regulation or order adopted under the statutes
middot19 Repealers contained in this Act shall not affect any proceeding instituted under or
ao pursuant to prior law The enactment of this Act shall not have the effect of terminating
21 or in any way modifying any liability civil or criminal which shall already be in
22 existence at the date this Act becomes effective
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HDl SSI
1 Section 803 Effective Date This Act shall become law upon its approval by the
2 Governor or it becoming law without such approvaL
House Clerk
Certiiedby ~~f OILAN C ORiOSPEAKER
this
Governor
2010
Commonwealth ofthe Northern Mariana Islands
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
1 1064
2 1111
3 1131
4 1141
5 1151
6 1231
7 1271
8 1281
9 1311
10 1351
11 1411
12 1421
13 1441
14 1462
15 1481
16 1524
17 1906
18 1907
19 1911
20 3420
Municipal Council - Tinian
Finance amp Accounting - Tinian
DOF - Revenue amp Tax - Tinian
DOF - Procurement - Tinian
DOF - Customs - Tinian
CCA - Historic Preservation - Tinian
CCA - Sports amp Rec - Tinian
Labor - Labor - Tinian
Commerce - Economic Dev - Tinian
DPS - Police - Tinian
DLNR - Agriculture - Tinian
DLNR - Fish amp Wildlife - Tinian
DLNR - Parks amp Recreation - Tinian
DLNR - Soil amp Water Cons - Tinian
DPW - Operations amp Maintenance - Tinian
Public Library - Tinian
DPH - Public Health - Tinian
DPH - Dental Services - Tinian
DPH - Environmental Health - Tinian
Youth Training
lt21 (6) Third Senatorial District (Saipan and the Northern Islands)
which includes the following governmental offices
23 1060 Mayor ofNorthern Islands
22
1
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3
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6
7
8
9
10
11
12
13
14
15
16
17
18
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23
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
1061 Mayor of Saipan - Mayors Office
1059 Mayors Contingency Account
1062 Saipan and Northern Islands - Municipal Council
(7) All government corporations as defined in 1 CMC sect7103(n)
for which budget authority is herein provided including the following
(A) Commonwealth Development Authority
(B) Commonwealth Ports Authority
(C) Commonwealth Utilities Corporation
(D) Marianas Public Land Trust
(E) Northern Marianas Housing Corporation
(F) Northern Marianas Retirement Fund
(G) Public Utilities Commission
(8) Boards and Commissions which includes the following
business units
1540 Civil Service Commission
1551 Commission on Election
1556 Board of Professional Licensing
(9) Other Programs and Autonomous Agencies which includes the
following business units
1600 Workers Compensation Commission
1601 Governor I Lt Gov Pension
1602 Retirement COLA PL 5-38-39-25
1603 NMIOIC
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
Aetna R -Off amp Ret
(10) Public Corporations which includes the following business
units
1605 Northern Marianas College
3450 NMC - Apprentice Program
1606 Marianas Visitors Authority
1001 Board Of Education
1607 Public School System
(c) Independent programs means government programs under
separate boards established by law (unless receiving appropriations or
budget authority under another heading) specialized general items of
appropriations and those non-profit corporations and associations or
organizations established outside of the Government of the
Commonwealth of the Northern Mariana Islands to which the
Commonwealth Government provides financial assistance including
business units
1592 Joeten-Kiyu Public Library
1515 Public Assistance Program Matching Funds
1623 Judgments Against Government
3661 Commonwealth Museum
New La Fiesta Lease
1549 Council for the Humanities
23 1562 Ayuda Network
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
1568 Domestic Violence
1570 National Governors Association
1577 Karidat
1580 Micronesian Legal Services
1591 Utilities - CNMI Government
(d) Local funds means locally generated revenues and revenues
received pursuant to Section 702 (a) of the Covenant
(e) Operations means appropriations for all lawful activities
other than personnel
(f) Personnel means appropriations for salaries employers
contribution to the Northern Marianas Retirement Fund the Defined
Contribution Plan overtime night differential hazardous pay and other
employee wages and benefits
(g) Position or Full-Time Equivalent (FTE) means the
maximum number of persons that may be employed pursuant to Article
X Section 7 of the Commonwealth Constitution but does not include
Workforce Investment Agency substitute teachers summer trainees
teacher aides physicians licensed professional nurses and licensed allied
health providers working part-time and paid only for instructional time
student teacher trainees or short-term specialized instructors such as
visiting artists performers writers and the like For purposes of this
exception part-time means employment not exceeding 40 hours in any
biweekly pay period and short-term meansmiddot not more than 90
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 DD1 SS1
instructional days employment within the Public School System during the
fiscal year
CHAPTER ll ESTIMATED REVENUES
Section 201 Estimated Revenues Pursuant to House Concurrent
Resolution No 17-2 HDl the total estimated revenues and resources approved
and identified for FY 2011 are as follows
L Total identified budgetary resources $149171000
II This amount is subject to the following adjustments
(a) Less revenue transfer to other funds
(1) PL 13-38 Cigarette Excise Tax to Tobacco Control lt1365000gt
(2) 10 Excise Tax Transfer to Solid Waste Revolving Fund lt1585000gt
(3) CIQ reimbursement for airport overtime lt475000gt
(4) 4 CMC Section 1803 (b) NMIRF Hotelcontainer tax per court order
lt1690000gt
(5) 4 CMC Section 1803 (b) MV A hotel container tax earmarking
lt3835000gt
(b) Less debt services previously appropriated
(1) 2003A $40 million bond repayment lt$369000gt
(2) 2007 A refunding bond payment lt$5152500gt
(3) 2007B refunding bond payment lt$2134500gt
(c) Deficit Reduction $
Subtotal lt$16606000gt
(d) Net FY 2011 budgetary resources available for appropriation $132565000
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSt
1 ( e) Department of Public Lands $2820866
2 Grand Total
3 Notwithstanding 1 CMC 7204 funds appropriated for FY2011 shall be
4 allotted monthly
5 Section 202 Suspension of Earmarked Funds Except for debt service
6 obligations and other earmarking of funds as permitted in Section 201 of this
7 Chapter the earmarking reservation commitment allotment or allocation of
8 funds pursuant to the following public laws are hereby suspended for Fiscal Year
9 2011
10 (a) Public Laws 15-5 and 14-54 (Non-resident Worker Fund Fees
11 to NMC and PSS and 10 of Gaming Jackpot Tax to PSS) and
12 (b) 4 CMC sect 1508(a) and (b) (10 of General Fund poker fees to
13 the Human Resources Development Fund [WIA] and 50 to the
14 Retirement Fund)
15 CHAPTER III
16 GOVERNMENT CORPORATIONS AND DESIGNATED
17 AGENCIESACTIVITIES
18 Section 301 Appropriation and Budget Authority Pursuant to 1 CMC sect
19 7206 and as provided herein budget and expenditure authority for the following
20 activities is hereby approved Expenditures in excess of the budget authority
21 approved herein for agencies to which public funds are appropriated shall not be
22 incurred or committed and hiring in excess of FTE ceilings is prohibited unless
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HDl SSI
1 authorized by a legislative joint resolution in accordance with Section 7 Article X
2 of the NMI Constitution
3 ACTIVITIES FTE OPERATIONS TOTAL
4 (a) Commonwealth Development Authority 27 758386 452691 1211077
5 (b) Commonwealth Ports Authority no submittal
6 (c) CNMI Govt Health amp Life Ins --------------------Privatized ------------------shy
7 (d) Commonwealth Utilities Corporation no submittal
8 (e) NM Housing Corporation 24 1110989 1113108 2224097
9 (f) NMI Ret Fund 27 1353669 76659330 78012999
10 (g) Office ofthe Public Auditor 30 1818525 755700 2574225
11 (h) Public Utilities Commission 55553 137550 193103
12 Grand Total 109 $520972122 $7921182379 8422152501
13 Notwithstanding the above dollar amounts the entities above shall expend only
14 the lesser of funds actually generated collected or received or the amounts
15 indicated above
16 Section 302 Prior Certification of Funds
17 No person shall be employed or enter into contractual relationship with the
18 Commonwealth or any government entity therein without first receiving from the
19 Secretary of the Department of Finance certification that lawful and sufficient
20 funds for the purpose are available For purposes of this section professional
21 services shall include but not be limited to services provided by engineers
22 accountants physicians lawyers and other similar professionals
23 Section 303 Reporting Requirement The expenditure authorities of the
24 foregoing activities listed in Section 301 shall submit to the presiding officers of
25 the legislature at the end of each quarter an itemized report on the expenditures
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PUBLIC LAW NO 17-21
HOUSE BILL t7~t23 HDt SSt
for personnel and operations of each government entity and the payments of the
public auditors fee for the quarter ended and if applicable year~to-date totals as
of the close of the reporting period
CHAPTERIV ADMINISTRATION OF APPROPRIATED FUNDS
Section 401 Management of Funds
The expenditure of the funds appropriated and allocated under this Act
shall be regulated and controlled by the Secretary of Finance so that no agency
department instrumentality program or activity may expend the funds contrary
to the law or fiscal management policies and practices of the Commonwealth
Provided further that in addition to the report required under 1 CMC sect7209 the
Secretary ofFinance shall submit at the end of each quarter an itemized report on
the expenditures for personnel and operations of each business unit funded in
whole or in part by the General Fund for the quarter ended and if applicable
year-to-date totals as of the close of the reporting period
Section 402 Notwithstanding 1 CMC sect 7204 without prior legislative
approval consultation and concurrence no funds appropriated in this Act shall be
reduced or reprogrammed by the Governor except as provided herein
Section 403 FTE Ceiling
(a) Employment Ceilings Pursuant to Article X sect 7 of the
Commonwealth Constitution the employment ceilings are hereby established as
21 set forth herein
Section 404 Expenditure Authority 22
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SS1
(a) The distribution and expenditure of funds shall be in compliance with
the fiscal expenditure authority the listed agencies have pursuant to statute and the
administrative provisions of this Act as set forth herein
(b) Except as provided in this Act the funds appropriated pursuant to this
Act shall be expended by the respective expenditure authority pursuant to 1 CMC
sectsect 7401 and 7503
(c) For the Ground Water Management and Protection Act Fund
expenditure authority is vested in the Director of the Division of Environmental
Quality
(d) For all government agencies receiving appropriated funds for
personnel or staff housing administrative and expenditure authority over housing
and accompanying funds including but not limited to approval of lease
agreements is vested in the appropriate agency officials designated by law as
having expenditure authority
(e) For the Domestic Violence Task Force expenditure authority is vested
in the Family Violence Task Force chairperson with concurrence of the Family
Violence Task Force coordinator
(f) For Crime Stoppers International the chairperson of the board of the
directors shall be the expenditure authority
(g) For Independent Programs unless otherwise provided in this Act or in
any other provision of law expenditure authority shall be vested in the Secretary
ofFinance
23 CHAPTER V REPROGRAMMING AUTHORITY
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 lID1 SSI
Section 501 Reprogramming Authority
2 (a) Unless otherwise specified in this act authority to reprogram
3 appropriated funds shall be as provided under I CMC sectsect 7402 and 7504
4 (b) Provided however 1 CMC sectsect 7402 (b) is hereby suspended for the
5 period of this Act Governor shall have 100 reprogramming authority on funds
6 appropriated under Section 704 of this Act
7 (c) Notwithstanding any law to the contrary the Governors authority to
8 reprogram funds under this section shall include the authority to reprogram funds
9 available to all public corporations agencies and entities of the Commonwealth
10 Government upon approval by joint approval ofthe legislature provided that such
11 funds are not restricted from reprogramming by federal law federal grant
12 conditions Commonwealth constitutional prohibitions and deposit and other
13 security restrictions related to bond covenants and the financing of public
14 projects
15 CHAPTER VI SUPPLEMENTAL ADMINISTRATIVE PROVISIONS
16 Section 601 Utilities The amount of $7539509 included in the
17 Independent Programs shall be appropriated for the payment of utilities for the
18 branches departments and agencies of the Commonwealth government except
19 the business units listed in Section 103(b)(7) and the Public School System and
20 the Northern Marianas College
-21 Section 602 Hiring Restriction
22 (a) As long as work hours and wages are reduced no vacancies shall be
23 filled except for critical and emergency positions provided that until a law is
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
passed defining critical and emergency positions said critical and emergency
2 positions must be approved by joint approval of the legislature
3 (b) In order to reduce the size of the Government except for the Public
4 School System the Northern Marianas College and health care professionals of
5 the Department of Public Health and Environmental Services any FTE (full-time
6 equivalent) that becomes vacant shall be eliminated The renewal of the contract
7 for an existing employee shall not be considered creating a vacant position If a
8 new position or vacant position is necessary to be filled to protect the health
9 safety and welfare of the public the expenditure authority may request the
10 Legislature to establish a new FTE by joint resolution The appropriations set
11 forth in Section 704 are contingent on this section remaining in this Appropriation
12 Act
13 Section 603 Litigation Expenditures Restricted
14 Except for the governor the attorney general the chief justice of the
15 Commonwealth supreme court presiding officers of the legislature mayors and
16 municipal councils and notwithstanding any law to the contrary no agency
17 expenditure authority may use any part of their appropriations in connection with
18 prosecuting a legal matter against another agency unless authorized by the chief
19 justice in the case of agencies within the judicial branch the governor in the case
20 of agencies within the executive branch and the presiding officers in the case of
21 agencies within the legislative branch and mayors in the case of agencies under
22 their authority The terms agency and agencies as used in this section shall be
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HDl SSI
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1 liberally construed to include all instrumentalities and subdivisions of the
2 Commonwealth Government
Section 604 Public Auditors Fee
The Public Auditors Fee is 1 (one percent) of the total appropriations
for each instrumentality department agency corporation and budget activity of
the CNMI Government Notwithstanding any other provision of law any lapsed
funds from the Office of Public Auditor shall be applied to CNMI deficit
reduction only Agencies that are not funded by the general fund listed in section
301 (a)-(h) shall remit their respective fee on a monthly basis to the Department
ofFinance
Section 605 Legal Holidays
(a) The following laws and regulations providing for payment of legal
holidays are repealed during fiscal year 2011
1 CMC sect312 and sect313
Title 10 NMIAC sect10-lO-135G) (Excepted Service)
Title 10 NMIAC sectlO-202-346 (Civil Service Executive Branch)
Title lO NMIAC sect lO-30-344 (Civil Service Judicial Branch)
Title 40 NMIAC sect40-40-425 (Commonwealth Ports Authority)
Title 60 NMIAC sect60-301-444 (Public School System)
Title 100 NMIAC sect 100-50-430 (Northern Marianas Housing
Corporation)
Title 120 NMIAC sect120-lO-230 (Excepted Service) and
Title 130 NMIAC 130-20-330 (Office of the Public Auditor)
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HDl SSI
1 (b) Any employee required to work on a legal holiday shall be paid hislher
2 regular salary
3 (c) From the legal holidays listed in 1 CMC sect311 the Governor may
4 select one or more legal holidays for fiscal year 2011 for which employees shall
5 receive leave with pay
6 (d) Although leave with pay is not required for legal holidays during
7 Fiscal Year 2011 expenditure authorities may grant leave with pay for their
8 employees if they have available funds in their personnel account
9 CHAPTER VII APPROPRIATIONS
10 Section 701 In General
11 (a) Funds designated in Chapter II as available for appropriation for FY 2011
12 are hereby appropriated pursuant to this Chapter
13 (b) A business units FTE ceiling shall be established in this Chapter No
14 business unit shall exceed its FTE ceiling unless authorized by this Act or joint
15 resolution of the legislature
16 (c) Reduction in the Level of Appropriations In order to provide expenditure
17 authorities with flexibility in determining the allocation of funding for their operations
18 expenditure authorities must reduce their expenditures to achieve the level of
19 appropriation under this Act
20 Expenditure authorities may reduce previous levels ofexpenditure by
21 (1) A reduction in work hours
22 (2) A reduction in wages
23 (3) Furlough
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
1 (4) A reduction in force
2 (5) A reduction in expenditures for all others or
3 (6) A combination of reductions under subsections (1) through (5)
4 (d) The reduction in work hours shall not exceed 16 hours per bi-weekly pay
5 period If sufficient additional resources are not identified during the first quarter of
6 FY 2011 to allow an increase in work hours the reduction in work hours may be
7 continued
8 (e) Suspension of Restrictions on Reprogramming To provide for the
9 reprogramming between personnel and non-personnel accounts 1 CMC sect7402(c) is
10 suspended for the period that this Act is in effect
11 (f) Provided however that during the period of this Act no funds shall be I I
12 reprogrammed from non-personnel accounts to personnel accounts to increase any
13 salaries from its current level
14 Section 702 Judicial Branch
15 (a) There is hereby appropriated the following amounts to fund the personnel
16 and non-personnel expenses as listed below of the Judicial branch
17 FTE PERSONNEL OPERATIONS TOTAL
18 Supreme Court 11 792333 3639 795972
19 Superior Court 45 1714552 160961 1875513
20 Administration 13 295435 217240 512675
21 Law Revision Comm 5 132442 6245 138687
22 TOTAL 74 $2934762 $388085 $3322847
23 Section 703 Legislative Branch
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
1 (a) In accordance with Article II sect16(b) and (c) of the NMI Constitution as
2 amended by Legislative Initiative 10-8 the following amounts are hereby appropriated
3 to fund the personnel retirement contribution and non-personnel expenses as listed
4 below of the Legislative branch
5 FTE PERSONNEL OPERATIONS TOTAL
6 House Members Salary 20 954597 954597
7 House Members Allocation 100 1700000 1700000
8 House Leadership Allocation 138000 138000
9 Senate 9 431141 431141
10 Senate Members Allocation 45 765000 765000
11 Senate Leadership Allocation 138000 138000
12 Legislative Bureau 28 1274764 167000 1441764
13 CNMI Youth Congress 1 21167 20000 41167
14 TOTAL 203 $2681669 $2928000 $5609669
15 (b) Salaries of Legislative Members
16 (1) The amount appropriated under this section to the House of
17 Representatives under personnel shall be used to fund the salaries and
18 benefits of the members of the House of Representatives The expenditure
19 authority for the amounts appropriated shall be the Secretary of Finance
20 (2) The amount appropriated under this section to the Senate under
21 personnel shall be used to fund the salaries and benefits of the members of the
22 Senate The expenditure authority for the amounts appropriated shall be the
23 Secretary of Finance
24 (c) House Members Office Accounts and Employees
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
(1) The Department of Finance shall establish and assign a number to a
new business unit account entitled House Members Office Accounts for the
appropriation for House Members Allocation Another new business unit
account entitled Senate Members Office Accounts for the appropriation for
Senate Members Allocation Under each of these said accounts an equal
amount of the appropriation shall be allocated to subaccount further established
thereunder for each member of the respective house for the operations of the
members office as permitted under section 16 of article II of the CNMI
Constitution applicable laws and the rules of the legislative body to which the
member was elected
(2) Notwithstanding 1 CMC sect7401(c) to the contrary each member
shall be the expenditure authority of the funds allocated to their individual sub-
account
(3) Funds allocated for the operation of the members office including
but not limited to the personnel costs of the members employees and
expenditures as authorized by the adopted rules of the Senate in the case of the
Senate member or the adopted rules ofthe House of Representatives in the case
of a House member such as a monthly stipend to defray travel and incidental
expenses for the purpose of attending to legislative business outside the
members senatorial district
(4) Allocation ofFTEs among House members shall be governed by the
rules of the House
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
(5) Allocation of FTEs among Senate members shall be governed by
the rules of the Senate
(d) Senate and House Leadership Accounts
(1) The Department of Finance shall establish and assign a number to
two new business unit accounts one entitled House Leadership Account for
the appropriation in the amount of $138000 under All Others and another
new business unit account entitled Senate Leadership Account for the
appropriation in the amount of $138000 under All Others
(2) The presiding officer of each respective house or his lawfully
authorized designee shall be the expenditure authority and shall use such funds
to support the operations and activities of the House of Representatives and
Senate in accordance with its rules provided that the presiding officer
distributes a portion of the total appropriation in equal amounts to all the
standing committees for their operations and activities
(e) Legislative Bureau The expenditure authority of the funds appropriated for
the Legislative Bureau shall be the Director of the Legislative Bureau or his or her
lawfully authorized designee
(f) Northern Marianas Youth Congress The expenditure authority is vested in
the Director of the Legislative Bureau with the consultation of the Speaker of the
Northern Mariana Islands Youth Congress
Section 704 Executive Branch
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SS1
1 There are hereby appropriated the following amounts to fund the personnel and
2 non-personnel expenses of the offices programs and activities of the Executive Branch
3 as listed below
4 FTE PERSONNEL OPERATIONS TOTAL
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
21
22
23
24
25
26
27
28
29 30 i31
Office ofGov
Attorney General
Commerce
Comm amp Cult Affairs
Corrections
Finance
Labor
Lands amp Natural Res
Public Health
Public Safety
Public Works
Total
140
42
32
88
96
163
44
98
485
258
129
1575 $45120729 $14184384 $59305113
Section 705 First Senatorial District Rota
(a) There is hereby appropriated the following amounts to fund the personnel
and non-personnel expenses as listed below of the First Senatorial District
Mayor
Municipal Coun
Commerce (econ Dev)
CampCA
Police (DPS)
Fire
Finance amp Actg
Revenue amp Tax
Customs
Procurement amp Supply
Labor
FTE PERSONNEL OPERATIONS
99
11
8
10
34
12
3
3
6
2
7
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
1 Agriculture 20
2 Historic Preservation 4
3 Lands Regisamp Survey 6
4 Fish amp Wildlife 5
5 Parks amp Recreation 4
6 Soil amp Water Consv
7 Rota Health Center 51
8 Dental Services 4
9 DPH Med Referral 5
10 Environmental Health 2
11 Public Works 23
12 Total 320 $5677593 $576487 $6256080
13 (b) The Rota Legislative Delegation shall determine by Local Delegation
14 Resolution the allocation of the funds appropriated for the First Senatorial District
15 (c) Except as provided in this section the Mayor ofRota shall have authority to
16 expend obligate encumber or otherwise commit the funds appropriated to the First
17 Senatorial District Notwithstanding any law to the contrary the Mayor of Rota shall
18 have 100 reprogramming authority of the funds appropriated in this Act
19 Appropriations to the Municipal Council shall be divided and distributed equally to
20 each member of the Municipal Council Each Municipal Council member shall be the
21 expenditure authority of funds distributed to himher Additionally in accord with the
22 Superior Courts decision in the case of Inos v Tenorio the Mayors shall also have
23 expenditure authority over resident government departments in the First and Second
24 senatorial districts respectively unless the Governor revokes expenditure authority in a
25 manner consistent with the Superior Courts holding in Inos v Tenorio to wit
26 expenditure authority over resident departments that are primarily concerned with the
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
delivery of public services can be revoked only on a prior showing of just cause but
the Governor has discretion to revoke expenditure authority over those departments
that are primarily concerned with enforcing the law
(c) Rota Health Center Three hundred forty thousand ($34000000) from the
First Senatorial Districts budget appropriation is hereby allocated to pay for
professional services for nurses technicians and other medical and auxiliary
professionals as needed including one mental health counselor in the amount of Thirty
Three Thousand Dollars ($3300000)
(d) DPS Cadets One hundred seven thousand seven hundred eighty
($10778000) from the First Senatorial Districts budget appropriation is hereby
allocated for five (5) Full Time Equivalents (FTEs) for the Rota Department of Public
Safety of the total 329 FTEs to fully fund the five (5) 2010 DPS Academy graduates
from the First District who shall be placed as FTEs within the Rota Department of
Public Safety Any shortfall for overtime retirement or benefits shall be borne by the
municipality
(e) Dentist Seventy-seven thousand two hundred dollars ($77200) from the
First Senatorial Districts budget appropriation is hereby allocated for one (1) Full
Time Equivalent (FTE) to hire a dentist
Section 706 Second Senatorial District - Tinian amp Aguiguan
(a) There is hereby appropriated the following amounts to fund the personnel
and non-personnel expenses of the Second Senatorial District as listed below
FTE PERSONNEL OPERATIONS TOTAL
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SS1
Mayor 112
Municipal Council 3
Commerce (econo dev) 4
Historic Preservation 2
CampCA 3
Customs 3
Finance amp Acctg 2
Procurement amp Supply 2
Revenue amp Tax
Labor 8
Agriculture 15
Fish amp Wildlife 2
Parks amp Recreation 5
Environmental Health 4
Dental Services 3
Tinian Health Center 49
Police (DPS) 45
Public Works ~
Total 268 $5179361 $1076719
20 (b) The Tinian and Aguiguan Legislative Delegation shall determine by Local
21 Delegation Resolution the allocation of the funds appropriated for the Second
22 Senatorial District
23 (c) The Mayor and the Chairperson of the Municipal Council shall have the
24 expenditure authority for appropriations for their respective offices except as provided
25 below Notwithstanding any law to the contrary the Mayor of Tinian amp Aguiguan shall
26 have 100 reprogramming authority of the funds appropriated in this Act Each
27 Municipal Council member shall allocate and provide for the expenditure of the funds
28 appropriated to the Council in accordance with the Official Rules of the Council
29 Additionally in accord with the Superior Courts decision in the case of Inos v
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 lID1 SS1
Tenorio the Mayors shall also have expenditure authority over resident government
2 departments in the First and Second senatorial districts respectively unless the
3 Governor revokes expenditure authority in a manner consistent with the Superior
4 Courts holding in Inos v Tenorio to wit expenditure authority over resident
5 departments that are primarily concerned with the delivery of public services can be
6 revoked only on a prior showing of just cause but the Governor has discretion to
7 revoke expenditure authority over those departments that are primarily concerned with
8 enforcing the law
9 (d) Tinian Health Center Four hundred twenty seven thousand seven hundred
10 twenty seven and eighty one ($42772781) from the Second Senatorial Districts
11 budget appropriation is hereby allocated to pay for the direct hiring of nurses ancillary
12 staff and other needed administrative adjustments on personnel matters
13 (e) Tinian Municipal Council One hundred twenty three thousand four
14 hundred three ($123403) All Others appropriation of the Municipal Council is
15 hereby allocated as follows (1) $15000 for office rental and administrative purposes
16 and (2) $108403 for community projects and other functions ofwhich $75000 shall be
17 allocated to the chairman and the remaining balance shall be divided equally among the
18 other two members who shall be the expenditure authority of such funds
19 (f) Tinian Commerce Thirty eight thousand one hundred forty one ($38141)
20 is hereby allocated under AU Others for operations and office supplies
Section707 Third Senatorial District - Mayor ofSaipan Mayor of the Northern
Islands and Saipan and Northern Islands Municipal Council
PUBLIC LAW NO 17-21 HOUSE BILL l7~l23 HDl SSl
1 (a) There is hereby appropriated the following amounts to fund the personnel
2 and non-personnel expenses of the municipal governments of Saipan and the Northern
3 Islands as listed below
4 FTE PERSONNEL OPERATIONS TOTAL
5 Saipan Mayor 48 $875509 $248240 $1123257 6 NI Mayor 11 $192849 $86716 $279565
7 Saipan Mun Council 1 $34076 $27447 $61523
8 Total 60 $1102434 $362411 $1464845
9 (b) The Mayor of Saipan the Mayor of the Northern Islands and the
10 Chairperson of the Municipal Council for Saipan and the Northern Islands shall be the
11 expenditure authority for appropriations for their respective offices Notwithstanding
12 any law to the contrary the Mayors of Saipan and the Northern Islands respectively
13 shall have 100 reprogramming authority of the funds appropriated in this Act
14 Section 708 Autonomous Agencies
15 (a) There is hereby appropriated the following amounts to fund the following
16 autonomous agencies as listed below
17 FTE PERSONNEL OPERATIONS TOTAL
18 NMC 160 $4099229 $364235 $4464464
MVA 36 $832531 $1780496 $2611027
ajlst amp and SeRaterl Dist $369999 $36886611gtfif~tll~fu0 PSS ll13 $28521990 $2617529 $31140519f-AP( 21
22 BOE 2 $1372685 $26643 ~164~28
23 Total 1312 $33591435 $5148903 $38740338
24 (b) Northern Marianas College
25 (1) The president of the Northern Marianas College shall be the
26 expenditure authority of the appropriated funds
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
pfiuv~I tys
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(c) Marianas Visitors Authority
(1) The chairman of the Board of Directors of the Marianas Visitors
Authority shall be the expenditure authority ofthe appropriated funds
(2) Tlnee hundted sixty thousand ($360000) of the All OthelS
appropriation ofth Malianas Visitors Burau sball allocatd as follows
(i) One httndred 1vveftty thousRJJd ($120000) to susidiZle the
eftartef flights from Japan to Rota under the eKpndinY=e authority of the
Cbairman oftbe Marianas Visitors AQtborityen
(ii) One bll1dred Pyenellty tbollSaad ($120000) to promote and
market Tinian as a tourist destinatioR under the expenditure ffitthority of
the Chairman of the Mwianas Visitors Authoriry ctnd
(iii) 000 hundred tlJlnty thousand ($120000) to pay the
outstandiag KllT aGGount for completed Gbafter flights from Japan to
RotH under the expenditUfe authority of the Chairman of the Marianas
Visitor s 1AzYtbor~[
(d) Public School System
(1) The expenditure authority shall be the Commissioner of Education
or hislher designee
(2) No part of funds appropriated to BU 1607 the Public School
System shall be used to pay for any expense including but not limited to travel
or reimbursement of the Board of Education its board members and staff
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SS1
1 (e) Board of Education The chairperson of the Board of Education shall be the
2 expenditure authority of the appropriated funds
3 Section 709 Boards and Commissions
4 (a) There is hereby appropriated the following amounts to fund the following
5 boards and commissions as listed below
FTE PERSONNEL OPERATIONS
BPL
Civil Servo Comm
Election Comm
Total
3
4
1 14
$88732
$164803
$1762806
$430341
$13264
$2183
$932819
$109266
11 Section 710 Independent Programs
12 There is hereby appropriated the following amounts to fund the following
13 independent programs and activities as listed below
14 FTE PERSONNEL OPERATIONS TOTAL
15 Ayuda Network 18417 18417
16 Commonwealth Museum 4 96395 40140 136535
17 Domestic Violence 36834 36834
18 Humanities Council 4604 4604
19 JoetenlKiyu Public Library 7 128933 39674 168607
20 Marianas Bound - Karidat 54147 54147
21 Micronesian Legal Legal Services - 18417 18417
22 Nat Govs Assoc 40518 40518
23 Public Assis Program 17577 17577
24 Govt Utilities 7539509 7539509
25 Judgment 76258 76258
26 La Fiesta Lease 200000 200000
27 Aetna R-Off amp Ret -- 1463483 0 1463483
28 Total 11 1688811 8492643 10181454
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2
3
4
5
6
7
8
9
10
11
12
13
14
15
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21
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
(a) Joeten-Kiyu Public Library The expenditure authority shall be the
chairperson of the Commonwealth Library Council
(b) Public Assistance - Matching Funds The expenditure authority shall be
the Governor or his designee
(c) Judgments against the Government The expenditure authority shall be the
Secretary of Finance in consultation with the Attorney General
(d) Commonwealth Museum The chairperson of the Board of Governors of
the Commonwealth Museum or hislher designee shall be the expenditure authority
(e) Ayuda Network The expenditure authority shall be the chairperson of the
board of directors
(f) KARlDAT The executive director of Marianas Bound (KARlDAT) shall
be the expenditure authority
(g) Micronesian Legal Services The executive director of the Micronesian
Legal Services Corporation shall be the expenditure authority
(h) For programs and activities not specifically mentioned the expenditure
authority shall be the Secretary of Finance
Section 711 Other Programs
(a) There is hereby appropriated the following amounts to the following other
programs as listed below
FTE PERSONNEL OPERATIONS TOTAL
22
23
NMIOICC
Ret Pension GovLtGov
Ret PL5-3 (COLA)
1 $27476
$147506
o o
413276
$27476
$147506
$413276
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
1 Workers Comp Comm ~ $121061 129648 $250709
2 Total 6 $297751 $541216 $838967
3 Section 712 Department of Public Lands
4 (a) Pursuant to Section 103 of Public Law 15-2 $2820886 is appropriated to
5 the Department of Public Lands as follows
6 Personnel $1765104
7 Operations $1055782
8 Total $2820886
9 FTE Ceiling 65
10 No funds received or collected by or remitted to the Department of Public Lands
11 pursuant to Public Law 15-2 that are in excess of the amount appropriated in this
12 section may be reprogrammed or expended absent legislative appropriation or in
13 violation of the Constitution
14 Section 713 Reporting Requirements The expenditure authorities of the
15 foregoing activities listed in Chapter VII shall submit to the presiding officers of the
16 legislature at the end of each quarter an itemized report on the expenditures for
17 personnel and operations of each government entity and the payments of the public
18 auditors fee for the quarter ended and if applicable year-to-date totals as of the close
19 of the reporting period
20 Section 714 Compact Impact Funds
middot21 Compact Impact funds shall be used III accordance with the terms and
22 conditions set forth in the Grant Agreement and shall be used to defray qualified
23 expenses for the following activities
24 (a) Office of Public Defender $ 37151
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HDt SSI
1 (b) Dept of Community amp Cultural Affairs
2 (c) Dept of Corrections
3 (d) Dept of Public Health
4 (e) Department of Public Safety
5 Total
6 Section 715 Outside Sources
$ 44616
$ 154698
$ 536744
$ 1157234
$1930443
7 (a) Notwithstanding any law to the contrary the Governor is authorized to
8 transfer qualified operational expenses to available and unencumbered outside general
9 fund accounts not to exceed $3500000 which are hereby appropriated to pay for such
10 expenses
11 CHAPTER VIII GENERAL PROVISIONS
12 Section 801 Severability If any provision of this Act or its application to any
13 person or circumstance is held invalid the invalidity does not affect other provisions
14 or applications of the Act which can be given effect without the invalid provision or
middot15 applications and to this end the provisions ofthis Act are severable
16 Section 802 Savings Clause This Act and any repealer contained herein shall
middot17 not be construed as affecting any existing right acquired under contract or acquired
18 under statutes repealed or under any rule regulation or order adopted under the statutes
middot19 Repealers contained in this Act shall not affect any proceeding instituted under or
ao pursuant to prior law The enactment of this Act shall not have the effect of terminating
21 or in any way modifying any liability civil or criminal which shall already be in
22 existence at the date this Act becomes effective
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HDl SSI
1 Section 803 Effective Date This Act shall become law upon its approval by the
2 Governor or it becoming law without such approvaL
House Clerk
Certiiedby ~~f OILAN C ORiOSPEAKER
this
Governor
2010
Commonwealth ofthe Northern Mariana Islands
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
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1059 Mayors Contingency Account
1062 Saipan and Northern Islands - Municipal Council
(7) All government corporations as defined in 1 CMC sect7103(n)
for which budget authority is herein provided including the following
(A) Commonwealth Development Authority
(B) Commonwealth Ports Authority
(C) Commonwealth Utilities Corporation
(D) Marianas Public Land Trust
(E) Northern Marianas Housing Corporation
(F) Northern Marianas Retirement Fund
(G) Public Utilities Commission
(8) Boards and Commissions which includes the following
business units
1540 Civil Service Commission
1551 Commission on Election
1556 Board of Professional Licensing
(9) Other Programs and Autonomous Agencies which includes the
following business units
1600 Workers Compensation Commission
1601 Governor I Lt Gov Pension
1602 Retirement COLA PL 5-38-39-25
1603 NMIOIC
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
Aetna R -Off amp Ret
(10) Public Corporations which includes the following business
units
1605 Northern Marianas College
3450 NMC - Apprentice Program
1606 Marianas Visitors Authority
1001 Board Of Education
1607 Public School System
(c) Independent programs means government programs under
separate boards established by law (unless receiving appropriations or
budget authority under another heading) specialized general items of
appropriations and those non-profit corporations and associations or
organizations established outside of the Government of the
Commonwealth of the Northern Mariana Islands to which the
Commonwealth Government provides financial assistance including
business units
1592 Joeten-Kiyu Public Library
1515 Public Assistance Program Matching Funds
1623 Judgments Against Government
3661 Commonwealth Museum
New La Fiesta Lease
1549 Council for the Humanities
23 1562 Ayuda Network
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
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1570 National Governors Association
1577 Karidat
1580 Micronesian Legal Services
1591 Utilities - CNMI Government
(d) Local funds means locally generated revenues and revenues
received pursuant to Section 702 (a) of the Covenant
(e) Operations means appropriations for all lawful activities
other than personnel
(f) Personnel means appropriations for salaries employers
contribution to the Northern Marianas Retirement Fund the Defined
Contribution Plan overtime night differential hazardous pay and other
employee wages and benefits
(g) Position or Full-Time Equivalent (FTE) means the
maximum number of persons that may be employed pursuant to Article
X Section 7 of the Commonwealth Constitution but does not include
Workforce Investment Agency substitute teachers summer trainees
teacher aides physicians licensed professional nurses and licensed allied
health providers working part-time and paid only for instructional time
student teacher trainees or short-term specialized instructors such as
visiting artists performers writers and the like For purposes of this
exception part-time means employment not exceeding 40 hours in any
biweekly pay period and short-term meansmiddot not more than 90
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 DD1 SS1
instructional days employment within the Public School System during the
fiscal year
CHAPTER ll ESTIMATED REVENUES
Section 201 Estimated Revenues Pursuant to House Concurrent
Resolution No 17-2 HDl the total estimated revenues and resources approved
and identified for FY 2011 are as follows
L Total identified budgetary resources $149171000
II This amount is subject to the following adjustments
(a) Less revenue transfer to other funds
(1) PL 13-38 Cigarette Excise Tax to Tobacco Control lt1365000gt
(2) 10 Excise Tax Transfer to Solid Waste Revolving Fund lt1585000gt
(3) CIQ reimbursement for airport overtime lt475000gt
(4) 4 CMC Section 1803 (b) NMIRF Hotelcontainer tax per court order
lt1690000gt
(5) 4 CMC Section 1803 (b) MV A hotel container tax earmarking
lt3835000gt
(b) Less debt services previously appropriated
(1) 2003A $40 million bond repayment lt$369000gt
(2) 2007 A refunding bond payment lt$5152500gt
(3) 2007B refunding bond payment lt$2134500gt
(c) Deficit Reduction $
Subtotal lt$16606000gt
(d) Net FY 2011 budgetary resources available for appropriation $132565000
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSt
1 ( e) Department of Public Lands $2820866
2 Grand Total
3 Notwithstanding 1 CMC 7204 funds appropriated for FY2011 shall be
4 allotted monthly
5 Section 202 Suspension of Earmarked Funds Except for debt service
6 obligations and other earmarking of funds as permitted in Section 201 of this
7 Chapter the earmarking reservation commitment allotment or allocation of
8 funds pursuant to the following public laws are hereby suspended for Fiscal Year
9 2011
10 (a) Public Laws 15-5 and 14-54 (Non-resident Worker Fund Fees
11 to NMC and PSS and 10 of Gaming Jackpot Tax to PSS) and
12 (b) 4 CMC sect 1508(a) and (b) (10 of General Fund poker fees to
13 the Human Resources Development Fund [WIA] and 50 to the
14 Retirement Fund)
15 CHAPTER III
16 GOVERNMENT CORPORATIONS AND DESIGNATED
17 AGENCIESACTIVITIES
18 Section 301 Appropriation and Budget Authority Pursuant to 1 CMC sect
19 7206 and as provided herein budget and expenditure authority for the following
20 activities is hereby approved Expenditures in excess of the budget authority
21 approved herein for agencies to which public funds are appropriated shall not be
22 incurred or committed and hiring in excess of FTE ceilings is prohibited unless
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HDl SSI
1 authorized by a legislative joint resolution in accordance with Section 7 Article X
2 of the NMI Constitution
3 ACTIVITIES FTE OPERATIONS TOTAL
4 (a) Commonwealth Development Authority 27 758386 452691 1211077
5 (b) Commonwealth Ports Authority no submittal
6 (c) CNMI Govt Health amp Life Ins --------------------Privatized ------------------shy
7 (d) Commonwealth Utilities Corporation no submittal
8 (e) NM Housing Corporation 24 1110989 1113108 2224097
9 (f) NMI Ret Fund 27 1353669 76659330 78012999
10 (g) Office ofthe Public Auditor 30 1818525 755700 2574225
11 (h) Public Utilities Commission 55553 137550 193103
12 Grand Total 109 $520972122 $7921182379 8422152501
13 Notwithstanding the above dollar amounts the entities above shall expend only
14 the lesser of funds actually generated collected or received or the amounts
15 indicated above
16 Section 302 Prior Certification of Funds
17 No person shall be employed or enter into contractual relationship with the
18 Commonwealth or any government entity therein without first receiving from the
19 Secretary of the Department of Finance certification that lawful and sufficient
20 funds for the purpose are available For purposes of this section professional
21 services shall include but not be limited to services provided by engineers
22 accountants physicians lawyers and other similar professionals
23 Section 303 Reporting Requirement The expenditure authorities of the
24 foregoing activities listed in Section 301 shall submit to the presiding officers of
25 the legislature at the end of each quarter an itemized report on the expenditures
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PUBLIC LAW NO 17-21
HOUSE BILL t7~t23 HDt SSt
for personnel and operations of each government entity and the payments of the
public auditors fee for the quarter ended and if applicable year~to-date totals as
of the close of the reporting period
CHAPTERIV ADMINISTRATION OF APPROPRIATED FUNDS
Section 401 Management of Funds
The expenditure of the funds appropriated and allocated under this Act
shall be regulated and controlled by the Secretary of Finance so that no agency
department instrumentality program or activity may expend the funds contrary
to the law or fiscal management policies and practices of the Commonwealth
Provided further that in addition to the report required under 1 CMC sect7209 the
Secretary ofFinance shall submit at the end of each quarter an itemized report on
the expenditures for personnel and operations of each business unit funded in
whole or in part by the General Fund for the quarter ended and if applicable
year-to-date totals as of the close of the reporting period
Section 402 Notwithstanding 1 CMC sect 7204 without prior legislative
approval consultation and concurrence no funds appropriated in this Act shall be
reduced or reprogrammed by the Governor except as provided herein
Section 403 FTE Ceiling
(a) Employment Ceilings Pursuant to Article X sect 7 of the
Commonwealth Constitution the employment ceilings are hereby established as
21 set forth herein
Section 404 Expenditure Authority 22
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SS1
(a) The distribution and expenditure of funds shall be in compliance with
the fiscal expenditure authority the listed agencies have pursuant to statute and the
administrative provisions of this Act as set forth herein
(b) Except as provided in this Act the funds appropriated pursuant to this
Act shall be expended by the respective expenditure authority pursuant to 1 CMC
sectsect 7401 and 7503
(c) For the Ground Water Management and Protection Act Fund
expenditure authority is vested in the Director of the Division of Environmental
Quality
(d) For all government agencies receiving appropriated funds for
personnel or staff housing administrative and expenditure authority over housing
and accompanying funds including but not limited to approval of lease
agreements is vested in the appropriate agency officials designated by law as
having expenditure authority
(e) For the Domestic Violence Task Force expenditure authority is vested
in the Family Violence Task Force chairperson with concurrence of the Family
Violence Task Force coordinator
(f) For Crime Stoppers International the chairperson of the board of the
directors shall be the expenditure authority
(g) For Independent Programs unless otherwise provided in this Act or in
any other provision of law expenditure authority shall be vested in the Secretary
ofFinance
23 CHAPTER V REPROGRAMMING AUTHORITY
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 lID1 SSI
Section 501 Reprogramming Authority
2 (a) Unless otherwise specified in this act authority to reprogram
3 appropriated funds shall be as provided under I CMC sectsect 7402 and 7504
4 (b) Provided however 1 CMC sectsect 7402 (b) is hereby suspended for the
5 period of this Act Governor shall have 100 reprogramming authority on funds
6 appropriated under Section 704 of this Act
7 (c) Notwithstanding any law to the contrary the Governors authority to
8 reprogram funds under this section shall include the authority to reprogram funds
9 available to all public corporations agencies and entities of the Commonwealth
10 Government upon approval by joint approval ofthe legislature provided that such
11 funds are not restricted from reprogramming by federal law federal grant
12 conditions Commonwealth constitutional prohibitions and deposit and other
13 security restrictions related to bond covenants and the financing of public
14 projects
15 CHAPTER VI SUPPLEMENTAL ADMINISTRATIVE PROVISIONS
16 Section 601 Utilities The amount of $7539509 included in the
17 Independent Programs shall be appropriated for the payment of utilities for the
18 branches departments and agencies of the Commonwealth government except
19 the business units listed in Section 103(b)(7) and the Public School System and
20 the Northern Marianas College
-21 Section 602 Hiring Restriction
22 (a) As long as work hours and wages are reduced no vacancies shall be
23 filled except for critical and emergency positions provided that until a law is
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
passed defining critical and emergency positions said critical and emergency
2 positions must be approved by joint approval of the legislature
3 (b) In order to reduce the size of the Government except for the Public
4 School System the Northern Marianas College and health care professionals of
5 the Department of Public Health and Environmental Services any FTE (full-time
6 equivalent) that becomes vacant shall be eliminated The renewal of the contract
7 for an existing employee shall not be considered creating a vacant position If a
8 new position or vacant position is necessary to be filled to protect the health
9 safety and welfare of the public the expenditure authority may request the
10 Legislature to establish a new FTE by joint resolution The appropriations set
11 forth in Section 704 are contingent on this section remaining in this Appropriation
12 Act
13 Section 603 Litigation Expenditures Restricted
14 Except for the governor the attorney general the chief justice of the
15 Commonwealth supreme court presiding officers of the legislature mayors and
16 municipal councils and notwithstanding any law to the contrary no agency
17 expenditure authority may use any part of their appropriations in connection with
18 prosecuting a legal matter against another agency unless authorized by the chief
19 justice in the case of agencies within the judicial branch the governor in the case
20 of agencies within the executive branch and the presiding officers in the case of
21 agencies within the legislative branch and mayors in the case of agencies under
22 their authority The terms agency and agencies as used in this section shall be
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HDl SSI
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2 Commonwealth Government
Section 604 Public Auditors Fee
The Public Auditors Fee is 1 (one percent) of the total appropriations
for each instrumentality department agency corporation and budget activity of
the CNMI Government Notwithstanding any other provision of law any lapsed
funds from the Office of Public Auditor shall be applied to CNMI deficit
reduction only Agencies that are not funded by the general fund listed in section
301 (a)-(h) shall remit their respective fee on a monthly basis to the Department
ofFinance
Section 605 Legal Holidays
(a) The following laws and regulations providing for payment of legal
holidays are repealed during fiscal year 2011
1 CMC sect312 and sect313
Title 10 NMIAC sect10-lO-135G) (Excepted Service)
Title 10 NMIAC sectlO-202-346 (Civil Service Executive Branch)
Title lO NMIAC sect lO-30-344 (Civil Service Judicial Branch)
Title 40 NMIAC sect40-40-425 (Commonwealth Ports Authority)
Title 60 NMIAC sect60-301-444 (Public School System)
Title 100 NMIAC sect 100-50-430 (Northern Marianas Housing
Corporation)
Title 120 NMIAC sect120-lO-230 (Excepted Service) and
Title 130 NMIAC 130-20-330 (Office of the Public Auditor)
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HDl SSI
1 (b) Any employee required to work on a legal holiday shall be paid hislher
2 regular salary
3 (c) From the legal holidays listed in 1 CMC sect311 the Governor may
4 select one or more legal holidays for fiscal year 2011 for which employees shall
5 receive leave with pay
6 (d) Although leave with pay is not required for legal holidays during
7 Fiscal Year 2011 expenditure authorities may grant leave with pay for their
8 employees if they have available funds in their personnel account
9 CHAPTER VII APPROPRIATIONS
10 Section 701 In General
11 (a) Funds designated in Chapter II as available for appropriation for FY 2011
12 are hereby appropriated pursuant to this Chapter
13 (b) A business units FTE ceiling shall be established in this Chapter No
14 business unit shall exceed its FTE ceiling unless authorized by this Act or joint
15 resolution of the legislature
16 (c) Reduction in the Level of Appropriations In order to provide expenditure
17 authorities with flexibility in determining the allocation of funding for their operations
18 expenditure authorities must reduce their expenditures to achieve the level of
19 appropriation under this Act
20 Expenditure authorities may reduce previous levels ofexpenditure by
21 (1) A reduction in work hours
22 (2) A reduction in wages
23 (3) Furlough
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
1 (4) A reduction in force
2 (5) A reduction in expenditures for all others or
3 (6) A combination of reductions under subsections (1) through (5)
4 (d) The reduction in work hours shall not exceed 16 hours per bi-weekly pay
5 period If sufficient additional resources are not identified during the first quarter of
6 FY 2011 to allow an increase in work hours the reduction in work hours may be
7 continued
8 (e) Suspension of Restrictions on Reprogramming To provide for the
9 reprogramming between personnel and non-personnel accounts 1 CMC sect7402(c) is
10 suspended for the period that this Act is in effect
11 (f) Provided however that during the period of this Act no funds shall be I I
12 reprogrammed from non-personnel accounts to personnel accounts to increase any
13 salaries from its current level
14 Section 702 Judicial Branch
15 (a) There is hereby appropriated the following amounts to fund the personnel
16 and non-personnel expenses as listed below of the Judicial branch
17 FTE PERSONNEL OPERATIONS TOTAL
18 Supreme Court 11 792333 3639 795972
19 Superior Court 45 1714552 160961 1875513
20 Administration 13 295435 217240 512675
21 Law Revision Comm 5 132442 6245 138687
22 TOTAL 74 $2934762 $388085 $3322847
23 Section 703 Legislative Branch
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
1 (a) In accordance with Article II sect16(b) and (c) of the NMI Constitution as
2 amended by Legislative Initiative 10-8 the following amounts are hereby appropriated
3 to fund the personnel retirement contribution and non-personnel expenses as listed
4 below of the Legislative branch
5 FTE PERSONNEL OPERATIONS TOTAL
6 House Members Salary 20 954597 954597
7 House Members Allocation 100 1700000 1700000
8 House Leadership Allocation 138000 138000
9 Senate 9 431141 431141
10 Senate Members Allocation 45 765000 765000
11 Senate Leadership Allocation 138000 138000
12 Legislative Bureau 28 1274764 167000 1441764
13 CNMI Youth Congress 1 21167 20000 41167
14 TOTAL 203 $2681669 $2928000 $5609669
15 (b) Salaries of Legislative Members
16 (1) The amount appropriated under this section to the House of
17 Representatives under personnel shall be used to fund the salaries and
18 benefits of the members of the House of Representatives The expenditure
19 authority for the amounts appropriated shall be the Secretary of Finance
20 (2) The amount appropriated under this section to the Senate under
21 personnel shall be used to fund the salaries and benefits of the members of the
22 Senate The expenditure authority for the amounts appropriated shall be the
23 Secretary of Finance
24 (c) House Members Office Accounts and Employees
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
(1) The Department of Finance shall establish and assign a number to a
new business unit account entitled House Members Office Accounts for the
appropriation for House Members Allocation Another new business unit
account entitled Senate Members Office Accounts for the appropriation for
Senate Members Allocation Under each of these said accounts an equal
amount of the appropriation shall be allocated to subaccount further established
thereunder for each member of the respective house for the operations of the
members office as permitted under section 16 of article II of the CNMI
Constitution applicable laws and the rules of the legislative body to which the
member was elected
(2) Notwithstanding 1 CMC sect7401(c) to the contrary each member
shall be the expenditure authority of the funds allocated to their individual sub-
account
(3) Funds allocated for the operation of the members office including
but not limited to the personnel costs of the members employees and
expenditures as authorized by the adopted rules of the Senate in the case of the
Senate member or the adopted rules ofthe House of Representatives in the case
of a House member such as a monthly stipend to defray travel and incidental
expenses for the purpose of attending to legislative business outside the
members senatorial district
(4) Allocation ofFTEs among House members shall be governed by the
rules of the House
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
(5) Allocation of FTEs among Senate members shall be governed by
the rules of the Senate
(d) Senate and House Leadership Accounts
(1) The Department of Finance shall establish and assign a number to
two new business unit accounts one entitled House Leadership Account for
the appropriation in the amount of $138000 under All Others and another
new business unit account entitled Senate Leadership Account for the
appropriation in the amount of $138000 under All Others
(2) The presiding officer of each respective house or his lawfully
authorized designee shall be the expenditure authority and shall use such funds
to support the operations and activities of the House of Representatives and
Senate in accordance with its rules provided that the presiding officer
distributes a portion of the total appropriation in equal amounts to all the
standing committees for their operations and activities
(e) Legislative Bureau The expenditure authority of the funds appropriated for
the Legislative Bureau shall be the Director of the Legislative Bureau or his or her
lawfully authorized designee
(f) Northern Marianas Youth Congress The expenditure authority is vested in
the Director of the Legislative Bureau with the consultation of the Speaker of the
Northern Mariana Islands Youth Congress
Section 704 Executive Branch
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SS1
1 There are hereby appropriated the following amounts to fund the personnel and
2 non-personnel expenses of the offices programs and activities of the Executive Branch
3 as listed below
4 FTE PERSONNEL OPERATIONS TOTAL
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6
7
8
9
10
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12
13
14
15
16
17
18
19
21
22
23
24
25
26
27
28
29 30 i31
Office ofGov
Attorney General
Commerce
Comm amp Cult Affairs
Corrections
Finance
Labor
Lands amp Natural Res
Public Health
Public Safety
Public Works
Total
140
42
32
88
96
163
44
98
485
258
129
1575 $45120729 $14184384 $59305113
Section 705 First Senatorial District Rota
(a) There is hereby appropriated the following amounts to fund the personnel
and non-personnel expenses as listed below of the First Senatorial District
Mayor
Municipal Coun
Commerce (econ Dev)
CampCA
Police (DPS)
Fire
Finance amp Actg
Revenue amp Tax
Customs
Procurement amp Supply
Labor
FTE PERSONNEL OPERATIONS
99
11
8
10
34
12
3
3
6
2
7
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
1 Agriculture 20
2 Historic Preservation 4
3 Lands Regisamp Survey 6
4 Fish amp Wildlife 5
5 Parks amp Recreation 4
6 Soil amp Water Consv
7 Rota Health Center 51
8 Dental Services 4
9 DPH Med Referral 5
10 Environmental Health 2
11 Public Works 23
12 Total 320 $5677593 $576487 $6256080
13 (b) The Rota Legislative Delegation shall determine by Local Delegation
14 Resolution the allocation of the funds appropriated for the First Senatorial District
15 (c) Except as provided in this section the Mayor ofRota shall have authority to
16 expend obligate encumber or otherwise commit the funds appropriated to the First
17 Senatorial District Notwithstanding any law to the contrary the Mayor of Rota shall
18 have 100 reprogramming authority of the funds appropriated in this Act
19 Appropriations to the Municipal Council shall be divided and distributed equally to
20 each member of the Municipal Council Each Municipal Council member shall be the
21 expenditure authority of funds distributed to himher Additionally in accord with the
22 Superior Courts decision in the case of Inos v Tenorio the Mayors shall also have
23 expenditure authority over resident government departments in the First and Second
24 senatorial districts respectively unless the Governor revokes expenditure authority in a
25 manner consistent with the Superior Courts holding in Inos v Tenorio to wit
26 expenditure authority over resident departments that are primarily concerned with the
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
delivery of public services can be revoked only on a prior showing of just cause but
the Governor has discretion to revoke expenditure authority over those departments
that are primarily concerned with enforcing the law
(c) Rota Health Center Three hundred forty thousand ($34000000) from the
First Senatorial Districts budget appropriation is hereby allocated to pay for
professional services for nurses technicians and other medical and auxiliary
professionals as needed including one mental health counselor in the amount of Thirty
Three Thousand Dollars ($3300000)
(d) DPS Cadets One hundred seven thousand seven hundred eighty
($10778000) from the First Senatorial Districts budget appropriation is hereby
allocated for five (5) Full Time Equivalents (FTEs) for the Rota Department of Public
Safety of the total 329 FTEs to fully fund the five (5) 2010 DPS Academy graduates
from the First District who shall be placed as FTEs within the Rota Department of
Public Safety Any shortfall for overtime retirement or benefits shall be borne by the
municipality
(e) Dentist Seventy-seven thousand two hundred dollars ($77200) from the
First Senatorial Districts budget appropriation is hereby allocated for one (1) Full
Time Equivalent (FTE) to hire a dentist
Section 706 Second Senatorial District - Tinian amp Aguiguan
(a) There is hereby appropriated the following amounts to fund the personnel
and non-personnel expenses of the Second Senatorial District as listed below
FTE PERSONNEL OPERATIONS TOTAL
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SS1
Mayor 112
Municipal Council 3
Commerce (econo dev) 4
Historic Preservation 2
CampCA 3
Customs 3
Finance amp Acctg 2
Procurement amp Supply 2
Revenue amp Tax
Labor 8
Agriculture 15
Fish amp Wildlife 2
Parks amp Recreation 5
Environmental Health 4
Dental Services 3
Tinian Health Center 49
Police (DPS) 45
Public Works ~
Total 268 $5179361 $1076719
20 (b) The Tinian and Aguiguan Legislative Delegation shall determine by Local
21 Delegation Resolution the allocation of the funds appropriated for the Second
22 Senatorial District
23 (c) The Mayor and the Chairperson of the Municipal Council shall have the
24 expenditure authority for appropriations for their respective offices except as provided
25 below Notwithstanding any law to the contrary the Mayor of Tinian amp Aguiguan shall
26 have 100 reprogramming authority of the funds appropriated in this Act Each
27 Municipal Council member shall allocate and provide for the expenditure of the funds
28 appropriated to the Council in accordance with the Official Rules of the Council
29 Additionally in accord with the Superior Courts decision in the case of Inos v
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 lID1 SS1
Tenorio the Mayors shall also have expenditure authority over resident government
2 departments in the First and Second senatorial districts respectively unless the
3 Governor revokes expenditure authority in a manner consistent with the Superior
4 Courts holding in Inos v Tenorio to wit expenditure authority over resident
5 departments that are primarily concerned with the delivery of public services can be
6 revoked only on a prior showing of just cause but the Governor has discretion to
7 revoke expenditure authority over those departments that are primarily concerned with
8 enforcing the law
9 (d) Tinian Health Center Four hundred twenty seven thousand seven hundred
10 twenty seven and eighty one ($42772781) from the Second Senatorial Districts
11 budget appropriation is hereby allocated to pay for the direct hiring of nurses ancillary
12 staff and other needed administrative adjustments on personnel matters
13 (e) Tinian Municipal Council One hundred twenty three thousand four
14 hundred three ($123403) All Others appropriation of the Municipal Council is
15 hereby allocated as follows (1) $15000 for office rental and administrative purposes
16 and (2) $108403 for community projects and other functions ofwhich $75000 shall be
17 allocated to the chairman and the remaining balance shall be divided equally among the
18 other two members who shall be the expenditure authority of such funds
19 (f) Tinian Commerce Thirty eight thousand one hundred forty one ($38141)
20 is hereby allocated under AU Others for operations and office supplies
Section707 Third Senatorial District - Mayor ofSaipan Mayor of the Northern
Islands and Saipan and Northern Islands Municipal Council
PUBLIC LAW NO 17-21 HOUSE BILL l7~l23 HDl SSl
1 (a) There is hereby appropriated the following amounts to fund the personnel
2 and non-personnel expenses of the municipal governments of Saipan and the Northern
3 Islands as listed below
4 FTE PERSONNEL OPERATIONS TOTAL
5 Saipan Mayor 48 $875509 $248240 $1123257 6 NI Mayor 11 $192849 $86716 $279565
7 Saipan Mun Council 1 $34076 $27447 $61523
8 Total 60 $1102434 $362411 $1464845
9 (b) The Mayor of Saipan the Mayor of the Northern Islands and the
10 Chairperson of the Municipal Council for Saipan and the Northern Islands shall be the
11 expenditure authority for appropriations for their respective offices Notwithstanding
12 any law to the contrary the Mayors of Saipan and the Northern Islands respectively
13 shall have 100 reprogramming authority of the funds appropriated in this Act
14 Section 708 Autonomous Agencies
15 (a) There is hereby appropriated the following amounts to fund the following
16 autonomous agencies as listed below
17 FTE PERSONNEL OPERATIONS TOTAL
18 NMC 160 $4099229 $364235 $4464464
MVA 36 $832531 $1780496 $2611027
ajlst amp and SeRaterl Dist $369999 $36886611gtfif~tll~fu0 PSS ll13 $28521990 $2617529 $31140519f-AP( 21
22 BOE 2 $1372685 $26643 ~164~28
23 Total 1312 $33591435 $5148903 $38740338
24 (b) Northern Marianas College
25 (1) The president of the Northern Marianas College shall be the
26 expenditure authority of the appropriated funds
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
pfiuv~I tys
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(c) Marianas Visitors Authority
(1) The chairman of the Board of Directors of the Marianas Visitors
Authority shall be the expenditure authority ofthe appropriated funds
(2) Tlnee hundted sixty thousand ($360000) of the All OthelS
appropriation ofth Malianas Visitors Burau sball allocatd as follows
(i) One httndred 1vveftty thousRJJd ($120000) to susidiZle the
eftartef flights from Japan to Rota under the eKpndinY=e authority of the
Cbairman oftbe Marianas Visitors AQtborityen
(ii) One bll1dred Pyenellty tbollSaad ($120000) to promote and
market Tinian as a tourist destinatioR under the expenditure ffitthority of
the Chairman of the Mwianas Visitors Authoriry ctnd
(iii) 000 hundred tlJlnty thousand ($120000) to pay the
outstandiag KllT aGGount for completed Gbafter flights from Japan to
RotH under the expenditUfe authority of the Chairman of the Marianas
Visitor s 1AzYtbor~[
(d) Public School System
(1) The expenditure authority shall be the Commissioner of Education
or hislher designee
(2) No part of funds appropriated to BU 1607 the Public School
System shall be used to pay for any expense including but not limited to travel
or reimbursement of the Board of Education its board members and staff
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SS1
1 (e) Board of Education The chairperson of the Board of Education shall be the
2 expenditure authority of the appropriated funds
3 Section 709 Boards and Commissions
4 (a) There is hereby appropriated the following amounts to fund the following
5 boards and commissions as listed below
FTE PERSONNEL OPERATIONS
BPL
Civil Servo Comm
Election Comm
Total
3
4
1 14
$88732
$164803
$1762806
$430341
$13264
$2183
$932819
$109266
11 Section 710 Independent Programs
12 There is hereby appropriated the following amounts to fund the following
13 independent programs and activities as listed below
14 FTE PERSONNEL OPERATIONS TOTAL
15 Ayuda Network 18417 18417
16 Commonwealth Museum 4 96395 40140 136535
17 Domestic Violence 36834 36834
18 Humanities Council 4604 4604
19 JoetenlKiyu Public Library 7 128933 39674 168607
20 Marianas Bound - Karidat 54147 54147
21 Micronesian Legal Legal Services - 18417 18417
22 Nat Govs Assoc 40518 40518
23 Public Assis Program 17577 17577
24 Govt Utilities 7539509 7539509
25 Judgment 76258 76258
26 La Fiesta Lease 200000 200000
27 Aetna R-Off amp Ret -- 1463483 0 1463483
28 Total 11 1688811 8492643 10181454
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
(a) Joeten-Kiyu Public Library The expenditure authority shall be the
chairperson of the Commonwealth Library Council
(b) Public Assistance - Matching Funds The expenditure authority shall be
the Governor or his designee
(c) Judgments against the Government The expenditure authority shall be the
Secretary of Finance in consultation with the Attorney General
(d) Commonwealth Museum The chairperson of the Board of Governors of
the Commonwealth Museum or hislher designee shall be the expenditure authority
(e) Ayuda Network The expenditure authority shall be the chairperson of the
board of directors
(f) KARlDAT The executive director of Marianas Bound (KARlDAT) shall
be the expenditure authority
(g) Micronesian Legal Services The executive director of the Micronesian
Legal Services Corporation shall be the expenditure authority
(h) For programs and activities not specifically mentioned the expenditure
authority shall be the Secretary of Finance
Section 711 Other Programs
(a) There is hereby appropriated the following amounts to the following other
programs as listed below
FTE PERSONNEL OPERATIONS TOTAL
22
23
NMIOICC
Ret Pension GovLtGov
Ret PL5-3 (COLA)
1 $27476
$147506
o o
413276
$27476
$147506
$413276
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
1 Workers Comp Comm ~ $121061 129648 $250709
2 Total 6 $297751 $541216 $838967
3 Section 712 Department of Public Lands
4 (a) Pursuant to Section 103 of Public Law 15-2 $2820886 is appropriated to
5 the Department of Public Lands as follows
6 Personnel $1765104
7 Operations $1055782
8 Total $2820886
9 FTE Ceiling 65
10 No funds received or collected by or remitted to the Department of Public Lands
11 pursuant to Public Law 15-2 that are in excess of the amount appropriated in this
12 section may be reprogrammed or expended absent legislative appropriation or in
13 violation of the Constitution
14 Section 713 Reporting Requirements The expenditure authorities of the
15 foregoing activities listed in Chapter VII shall submit to the presiding officers of the
16 legislature at the end of each quarter an itemized report on the expenditures for
17 personnel and operations of each government entity and the payments of the public
18 auditors fee for the quarter ended and if applicable year-to-date totals as of the close
19 of the reporting period
20 Section 714 Compact Impact Funds
middot21 Compact Impact funds shall be used III accordance with the terms and
22 conditions set forth in the Grant Agreement and shall be used to defray qualified
23 expenses for the following activities
24 (a) Office of Public Defender $ 37151
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HDt SSI
1 (b) Dept of Community amp Cultural Affairs
2 (c) Dept of Corrections
3 (d) Dept of Public Health
4 (e) Department of Public Safety
5 Total
6 Section 715 Outside Sources
$ 44616
$ 154698
$ 536744
$ 1157234
$1930443
7 (a) Notwithstanding any law to the contrary the Governor is authorized to
8 transfer qualified operational expenses to available and unencumbered outside general
9 fund accounts not to exceed $3500000 which are hereby appropriated to pay for such
10 expenses
11 CHAPTER VIII GENERAL PROVISIONS
12 Section 801 Severability If any provision of this Act or its application to any
13 person or circumstance is held invalid the invalidity does not affect other provisions
14 or applications of the Act which can be given effect without the invalid provision or
middot15 applications and to this end the provisions ofthis Act are severable
16 Section 802 Savings Clause This Act and any repealer contained herein shall
middot17 not be construed as affecting any existing right acquired under contract or acquired
18 under statutes repealed or under any rule regulation or order adopted under the statutes
middot19 Repealers contained in this Act shall not affect any proceeding instituted under or
ao pursuant to prior law The enactment of this Act shall not have the effect of terminating
21 or in any way modifying any liability civil or criminal which shall already be in
22 existence at the date this Act becomes effective
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HDl SSI
1 Section 803 Effective Date This Act shall become law upon its approval by the
2 Governor or it becoming law without such approvaL
House Clerk
Certiiedby ~~f OILAN C ORiOSPEAKER
this
Governor
2010
Commonwealth ofthe Northern Mariana Islands
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
Aetna R -Off amp Ret
(10) Public Corporations which includes the following business
units
1605 Northern Marianas College
3450 NMC - Apprentice Program
1606 Marianas Visitors Authority
1001 Board Of Education
1607 Public School System
(c) Independent programs means government programs under
separate boards established by law (unless receiving appropriations or
budget authority under another heading) specialized general items of
appropriations and those non-profit corporations and associations or
organizations established outside of the Government of the
Commonwealth of the Northern Mariana Islands to which the
Commonwealth Government provides financial assistance including
business units
1592 Joeten-Kiyu Public Library
1515 Public Assistance Program Matching Funds
1623 Judgments Against Government
3661 Commonwealth Museum
New La Fiesta Lease
1549 Council for the Humanities
23 1562 Ayuda Network
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
1568 Domestic Violence
1570 National Governors Association
1577 Karidat
1580 Micronesian Legal Services
1591 Utilities - CNMI Government
(d) Local funds means locally generated revenues and revenues
received pursuant to Section 702 (a) of the Covenant
(e) Operations means appropriations for all lawful activities
other than personnel
(f) Personnel means appropriations for salaries employers
contribution to the Northern Marianas Retirement Fund the Defined
Contribution Plan overtime night differential hazardous pay and other
employee wages and benefits
(g) Position or Full-Time Equivalent (FTE) means the
maximum number of persons that may be employed pursuant to Article
X Section 7 of the Commonwealth Constitution but does not include
Workforce Investment Agency substitute teachers summer trainees
teacher aides physicians licensed professional nurses and licensed allied
health providers working part-time and paid only for instructional time
student teacher trainees or short-term specialized instructors such as
visiting artists performers writers and the like For purposes of this
exception part-time means employment not exceeding 40 hours in any
biweekly pay period and short-term meansmiddot not more than 90
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 DD1 SS1
instructional days employment within the Public School System during the
fiscal year
CHAPTER ll ESTIMATED REVENUES
Section 201 Estimated Revenues Pursuant to House Concurrent
Resolution No 17-2 HDl the total estimated revenues and resources approved
and identified for FY 2011 are as follows
L Total identified budgetary resources $149171000
II This amount is subject to the following adjustments
(a) Less revenue transfer to other funds
(1) PL 13-38 Cigarette Excise Tax to Tobacco Control lt1365000gt
(2) 10 Excise Tax Transfer to Solid Waste Revolving Fund lt1585000gt
(3) CIQ reimbursement for airport overtime lt475000gt
(4) 4 CMC Section 1803 (b) NMIRF Hotelcontainer tax per court order
lt1690000gt
(5) 4 CMC Section 1803 (b) MV A hotel container tax earmarking
lt3835000gt
(b) Less debt services previously appropriated
(1) 2003A $40 million bond repayment lt$369000gt
(2) 2007 A refunding bond payment lt$5152500gt
(3) 2007B refunding bond payment lt$2134500gt
(c) Deficit Reduction $
Subtotal lt$16606000gt
(d) Net FY 2011 budgetary resources available for appropriation $132565000
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSt
1 ( e) Department of Public Lands $2820866
2 Grand Total
3 Notwithstanding 1 CMC 7204 funds appropriated for FY2011 shall be
4 allotted monthly
5 Section 202 Suspension of Earmarked Funds Except for debt service
6 obligations and other earmarking of funds as permitted in Section 201 of this
7 Chapter the earmarking reservation commitment allotment or allocation of
8 funds pursuant to the following public laws are hereby suspended for Fiscal Year
9 2011
10 (a) Public Laws 15-5 and 14-54 (Non-resident Worker Fund Fees
11 to NMC and PSS and 10 of Gaming Jackpot Tax to PSS) and
12 (b) 4 CMC sect 1508(a) and (b) (10 of General Fund poker fees to
13 the Human Resources Development Fund [WIA] and 50 to the
14 Retirement Fund)
15 CHAPTER III
16 GOVERNMENT CORPORATIONS AND DESIGNATED
17 AGENCIESACTIVITIES
18 Section 301 Appropriation and Budget Authority Pursuant to 1 CMC sect
19 7206 and as provided herein budget and expenditure authority for the following
20 activities is hereby approved Expenditures in excess of the budget authority
21 approved herein for agencies to which public funds are appropriated shall not be
22 incurred or committed and hiring in excess of FTE ceilings is prohibited unless
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HDl SSI
1 authorized by a legislative joint resolution in accordance with Section 7 Article X
2 of the NMI Constitution
3 ACTIVITIES FTE OPERATIONS TOTAL
4 (a) Commonwealth Development Authority 27 758386 452691 1211077
5 (b) Commonwealth Ports Authority no submittal
6 (c) CNMI Govt Health amp Life Ins --------------------Privatized ------------------shy
7 (d) Commonwealth Utilities Corporation no submittal
8 (e) NM Housing Corporation 24 1110989 1113108 2224097
9 (f) NMI Ret Fund 27 1353669 76659330 78012999
10 (g) Office ofthe Public Auditor 30 1818525 755700 2574225
11 (h) Public Utilities Commission 55553 137550 193103
12 Grand Total 109 $520972122 $7921182379 8422152501
13 Notwithstanding the above dollar amounts the entities above shall expend only
14 the lesser of funds actually generated collected or received or the amounts
15 indicated above
16 Section 302 Prior Certification of Funds
17 No person shall be employed or enter into contractual relationship with the
18 Commonwealth or any government entity therein without first receiving from the
19 Secretary of the Department of Finance certification that lawful and sufficient
20 funds for the purpose are available For purposes of this section professional
21 services shall include but not be limited to services provided by engineers
22 accountants physicians lawyers and other similar professionals
23 Section 303 Reporting Requirement The expenditure authorities of the
24 foregoing activities listed in Section 301 shall submit to the presiding officers of
25 the legislature at the end of each quarter an itemized report on the expenditures
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PUBLIC LAW NO 17-21
HOUSE BILL t7~t23 HDt SSt
for personnel and operations of each government entity and the payments of the
public auditors fee for the quarter ended and if applicable year~to-date totals as
of the close of the reporting period
CHAPTERIV ADMINISTRATION OF APPROPRIATED FUNDS
Section 401 Management of Funds
The expenditure of the funds appropriated and allocated under this Act
shall be regulated and controlled by the Secretary of Finance so that no agency
department instrumentality program or activity may expend the funds contrary
to the law or fiscal management policies and practices of the Commonwealth
Provided further that in addition to the report required under 1 CMC sect7209 the
Secretary ofFinance shall submit at the end of each quarter an itemized report on
the expenditures for personnel and operations of each business unit funded in
whole or in part by the General Fund for the quarter ended and if applicable
year-to-date totals as of the close of the reporting period
Section 402 Notwithstanding 1 CMC sect 7204 without prior legislative
approval consultation and concurrence no funds appropriated in this Act shall be
reduced or reprogrammed by the Governor except as provided herein
Section 403 FTE Ceiling
(a) Employment Ceilings Pursuant to Article X sect 7 of the
Commonwealth Constitution the employment ceilings are hereby established as
21 set forth herein
Section 404 Expenditure Authority 22
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SS1
(a) The distribution and expenditure of funds shall be in compliance with
the fiscal expenditure authority the listed agencies have pursuant to statute and the
administrative provisions of this Act as set forth herein
(b) Except as provided in this Act the funds appropriated pursuant to this
Act shall be expended by the respective expenditure authority pursuant to 1 CMC
sectsect 7401 and 7503
(c) For the Ground Water Management and Protection Act Fund
expenditure authority is vested in the Director of the Division of Environmental
Quality
(d) For all government agencies receiving appropriated funds for
personnel or staff housing administrative and expenditure authority over housing
and accompanying funds including but not limited to approval of lease
agreements is vested in the appropriate agency officials designated by law as
having expenditure authority
(e) For the Domestic Violence Task Force expenditure authority is vested
in the Family Violence Task Force chairperson with concurrence of the Family
Violence Task Force coordinator
(f) For Crime Stoppers International the chairperson of the board of the
directors shall be the expenditure authority
(g) For Independent Programs unless otherwise provided in this Act or in
any other provision of law expenditure authority shall be vested in the Secretary
ofFinance
23 CHAPTER V REPROGRAMMING AUTHORITY
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 lID1 SSI
Section 501 Reprogramming Authority
2 (a) Unless otherwise specified in this act authority to reprogram
3 appropriated funds shall be as provided under I CMC sectsect 7402 and 7504
4 (b) Provided however 1 CMC sectsect 7402 (b) is hereby suspended for the
5 period of this Act Governor shall have 100 reprogramming authority on funds
6 appropriated under Section 704 of this Act
7 (c) Notwithstanding any law to the contrary the Governors authority to
8 reprogram funds under this section shall include the authority to reprogram funds
9 available to all public corporations agencies and entities of the Commonwealth
10 Government upon approval by joint approval ofthe legislature provided that such
11 funds are not restricted from reprogramming by federal law federal grant
12 conditions Commonwealth constitutional prohibitions and deposit and other
13 security restrictions related to bond covenants and the financing of public
14 projects
15 CHAPTER VI SUPPLEMENTAL ADMINISTRATIVE PROVISIONS
16 Section 601 Utilities The amount of $7539509 included in the
17 Independent Programs shall be appropriated for the payment of utilities for the
18 branches departments and agencies of the Commonwealth government except
19 the business units listed in Section 103(b)(7) and the Public School System and
20 the Northern Marianas College
-21 Section 602 Hiring Restriction
22 (a) As long as work hours and wages are reduced no vacancies shall be
23 filled except for critical and emergency positions provided that until a law is
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
passed defining critical and emergency positions said critical and emergency
2 positions must be approved by joint approval of the legislature
3 (b) In order to reduce the size of the Government except for the Public
4 School System the Northern Marianas College and health care professionals of
5 the Department of Public Health and Environmental Services any FTE (full-time
6 equivalent) that becomes vacant shall be eliminated The renewal of the contract
7 for an existing employee shall not be considered creating a vacant position If a
8 new position or vacant position is necessary to be filled to protect the health
9 safety and welfare of the public the expenditure authority may request the
10 Legislature to establish a new FTE by joint resolution The appropriations set
11 forth in Section 704 are contingent on this section remaining in this Appropriation
12 Act
13 Section 603 Litigation Expenditures Restricted
14 Except for the governor the attorney general the chief justice of the
15 Commonwealth supreme court presiding officers of the legislature mayors and
16 municipal councils and notwithstanding any law to the contrary no agency
17 expenditure authority may use any part of their appropriations in connection with
18 prosecuting a legal matter against another agency unless authorized by the chief
19 justice in the case of agencies within the judicial branch the governor in the case
20 of agencies within the executive branch and the presiding officers in the case of
21 agencies within the legislative branch and mayors in the case of agencies under
22 their authority The terms agency and agencies as used in this section shall be
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HDl SSI
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1 liberally construed to include all instrumentalities and subdivisions of the
2 Commonwealth Government
Section 604 Public Auditors Fee
The Public Auditors Fee is 1 (one percent) of the total appropriations
for each instrumentality department agency corporation and budget activity of
the CNMI Government Notwithstanding any other provision of law any lapsed
funds from the Office of Public Auditor shall be applied to CNMI deficit
reduction only Agencies that are not funded by the general fund listed in section
301 (a)-(h) shall remit their respective fee on a monthly basis to the Department
ofFinance
Section 605 Legal Holidays
(a) The following laws and regulations providing for payment of legal
holidays are repealed during fiscal year 2011
1 CMC sect312 and sect313
Title 10 NMIAC sect10-lO-135G) (Excepted Service)
Title 10 NMIAC sectlO-202-346 (Civil Service Executive Branch)
Title lO NMIAC sect lO-30-344 (Civil Service Judicial Branch)
Title 40 NMIAC sect40-40-425 (Commonwealth Ports Authority)
Title 60 NMIAC sect60-301-444 (Public School System)
Title 100 NMIAC sect 100-50-430 (Northern Marianas Housing
Corporation)
Title 120 NMIAC sect120-lO-230 (Excepted Service) and
Title 130 NMIAC 130-20-330 (Office of the Public Auditor)
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HDl SSI
1 (b) Any employee required to work on a legal holiday shall be paid hislher
2 regular salary
3 (c) From the legal holidays listed in 1 CMC sect311 the Governor may
4 select one or more legal holidays for fiscal year 2011 for which employees shall
5 receive leave with pay
6 (d) Although leave with pay is not required for legal holidays during
7 Fiscal Year 2011 expenditure authorities may grant leave with pay for their
8 employees if they have available funds in their personnel account
9 CHAPTER VII APPROPRIATIONS
10 Section 701 In General
11 (a) Funds designated in Chapter II as available for appropriation for FY 2011
12 are hereby appropriated pursuant to this Chapter
13 (b) A business units FTE ceiling shall be established in this Chapter No
14 business unit shall exceed its FTE ceiling unless authorized by this Act or joint
15 resolution of the legislature
16 (c) Reduction in the Level of Appropriations In order to provide expenditure
17 authorities with flexibility in determining the allocation of funding for their operations
18 expenditure authorities must reduce their expenditures to achieve the level of
19 appropriation under this Act
20 Expenditure authorities may reduce previous levels ofexpenditure by
21 (1) A reduction in work hours
22 (2) A reduction in wages
23 (3) Furlough
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
1 (4) A reduction in force
2 (5) A reduction in expenditures for all others or
3 (6) A combination of reductions under subsections (1) through (5)
4 (d) The reduction in work hours shall not exceed 16 hours per bi-weekly pay
5 period If sufficient additional resources are not identified during the first quarter of
6 FY 2011 to allow an increase in work hours the reduction in work hours may be
7 continued
8 (e) Suspension of Restrictions on Reprogramming To provide for the
9 reprogramming between personnel and non-personnel accounts 1 CMC sect7402(c) is
10 suspended for the period that this Act is in effect
11 (f) Provided however that during the period of this Act no funds shall be I I
12 reprogrammed from non-personnel accounts to personnel accounts to increase any
13 salaries from its current level
14 Section 702 Judicial Branch
15 (a) There is hereby appropriated the following amounts to fund the personnel
16 and non-personnel expenses as listed below of the Judicial branch
17 FTE PERSONNEL OPERATIONS TOTAL
18 Supreme Court 11 792333 3639 795972
19 Superior Court 45 1714552 160961 1875513
20 Administration 13 295435 217240 512675
21 Law Revision Comm 5 132442 6245 138687
22 TOTAL 74 $2934762 $388085 $3322847
23 Section 703 Legislative Branch
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
1 (a) In accordance with Article II sect16(b) and (c) of the NMI Constitution as
2 amended by Legislative Initiative 10-8 the following amounts are hereby appropriated
3 to fund the personnel retirement contribution and non-personnel expenses as listed
4 below of the Legislative branch
5 FTE PERSONNEL OPERATIONS TOTAL
6 House Members Salary 20 954597 954597
7 House Members Allocation 100 1700000 1700000
8 House Leadership Allocation 138000 138000
9 Senate 9 431141 431141
10 Senate Members Allocation 45 765000 765000
11 Senate Leadership Allocation 138000 138000
12 Legislative Bureau 28 1274764 167000 1441764
13 CNMI Youth Congress 1 21167 20000 41167
14 TOTAL 203 $2681669 $2928000 $5609669
15 (b) Salaries of Legislative Members
16 (1) The amount appropriated under this section to the House of
17 Representatives under personnel shall be used to fund the salaries and
18 benefits of the members of the House of Representatives The expenditure
19 authority for the amounts appropriated shall be the Secretary of Finance
20 (2) The amount appropriated under this section to the Senate under
21 personnel shall be used to fund the salaries and benefits of the members of the
22 Senate The expenditure authority for the amounts appropriated shall be the
23 Secretary of Finance
24 (c) House Members Office Accounts and Employees
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
(1) The Department of Finance shall establish and assign a number to a
new business unit account entitled House Members Office Accounts for the
appropriation for House Members Allocation Another new business unit
account entitled Senate Members Office Accounts for the appropriation for
Senate Members Allocation Under each of these said accounts an equal
amount of the appropriation shall be allocated to subaccount further established
thereunder for each member of the respective house for the operations of the
members office as permitted under section 16 of article II of the CNMI
Constitution applicable laws and the rules of the legislative body to which the
member was elected
(2) Notwithstanding 1 CMC sect7401(c) to the contrary each member
shall be the expenditure authority of the funds allocated to their individual sub-
account
(3) Funds allocated for the operation of the members office including
but not limited to the personnel costs of the members employees and
expenditures as authorized by the adopted rules of the Senate in the case of the
Senate member or the adopted rules ofthe House of Representatives in the case
of a House member such as a monthly stipend to defray travel and incidental
expenses for the purpose of attending to legislative business outside the
members senatorial district
(4) Allocation ofFTEs among House members shall be governed by the
rules of the House
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
(5) Allocation of FTEs among Senate members shall be governed by
the rules of the Senate
(d) Senate and House Leadership Accounts
(1) The Department of Finance shall establish and assign a number to
two new business unit accounts one entitled House Leadership Account for
the appropriation in the amount of $138000 under All Others and another
new business unit account entitled Senate Leadership Account for the
appropriation in the amount of $138000 under All Others
(2) The presiding officer of each respective house or his lawfully
authorized designee shall be the expenditure authority and shall use such funds
to support the operations and activities of the House of Representatives and
Senate in accordance with its rules provided that the presiding officer
distributes a portion of the total appropriation in equal amounts to all the
standing committees for their operations and activities
(e) Legislative Bureau The expenditure authority of the funds appropriated for
the Legislative Bureau shall be the Director of the Legislative Bureau or his or her
lawfully authorized designee
(f) Northern Marianas Youth Congress The expenditure authority is vested in
the Director of the Legislative Bureau with the consultation of the Speaker of the
Northern Mariana Islands Youth Congress
Section 704 Executive Branch
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SS1
1 There are hereby appropriated the following amounts to fund the personnel and
2 non-personnel expenses of the offices programs and activities of the Executive Branch
3 as listed below
4 FTE PERSONNEL OPERATIONS TOTAL
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8
9
10
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12
13
14
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16
17
18
19
21
22
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24
25
26
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28
29 30 i31
Office ofGov
Attorney General
Commerce
Comm amp Cult Affairs
Corrections
Finance
Labor
Lands amp Natural Res
Public Health
Public Safety
Public Works
Total
140
42
32
88
96
163
44
98
485
258
129
1575 $45120729 $14184384 $59305113
Section 705 First Senatorial District Rota
(a) There is hereby appropriated the following amounts to fund the personnel
and non-personnel expenses as listed below of the First Senatorial District
Mayor
Municipal Coun
Commerce (econ Dev)
CampCA
Police (DPS)
Fire
Finance amp Actg
Revenue amp Tax
Customs
Procurement amp Supply
Labor
FTE PERSONNEL OPERATIONS
99
11
8
10
34
12
3
3
6
2
7
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
1 Agriculture 20
2 Historic Preservation 4
3 Lands Regisamp Survey 6
4 Fish amp Wildlife 5
5 Parks amp Recreation 4
6 Soil amp Water Consv
7 Rota Health Center 51
8 Dental Services 4
9 DPH Med Referral 5
10 Environmental Health 2
11 Public Works 23
12 Total 320 $5677593 $576487 $6256080
13 (b) The Rota Legislative Delegation shall determine by Local Delegation
14 Resolution the allocation of the funds appropriated for the First Senatorial District
15 (c) Except as provided in this section the Mayor ofRota shall have authority to
16 expend obligate encumber or otherwise commit the funds appropriated to the First
17 Senatorial District Notwithstanding any law to the contrary the Mayor of Rota shall
18 have 100 reprogramming authority of the funds appropriated in this Act
19 Appropriations to the Municipal Council shall be divided and distributed equally to
20 each member of the Municipal Council Each Municipal Council member shall be the
21 expenditure authority of funds distributed to himher Additionally in accord with the
22 Superior Courts decision in the case of Inos v Tenorio the Mayors shall also have
23 expenditure authority over resident government departments in the First and Second
24 senatorial districts respectively unless the Governor revokes expenditure authority in a
25 manner consistent with the Superior Courts holding in Inos v Tenorio to wit
26 expenditure authority over resident departments that are primarily concerned with the
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2
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4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
delivery of public services can be revoked only on a prior showing of just cause but
the Governor has discretion to revoke expenditure authority over those departments
that are primarily concerned with enforcing the law
(c) Rota Health Center Three hundred forty thousand ($34000000) from the
First Senatorial Districts budget appropriation is hereby allocated to pay for
professional services for nurses technicians and other medical and auxiliary
professionals as needed including one mental health counselor in the amount of Thirty
Three Thousand Dollars ($3300000)
(d) DPS Cadets One hundred seven thousand seven hundred eighty
($10778000) from the First Senatorial Districts budget appropriation is hereby
allocated for five (5) Full Time Equivalents (FTEs) for the Rota Department of Public
Safety of the total 329 FTEs to fully fund the five (5) 2010 DPS Academy graduates
from the First District who shall be placed as FTEs within the Rota Department of
Public Safety Any shortfall for overtime retirement or benefits shall be borne by the
municipality
(e) Dentist Seventy-seven thousand two hundred dollars ($77200) from the
First Senatorial Districts budget appropriation is hereby allocated for one (1) Full
Time Equivalent (FTE) to hire a dentist
Section 706 Second Senatorial District - Tinian amp Aguiguan
(a) There is hereby appropriated the following amounts to fund the personnel
and non-personnel expenses of the Second Senatorial District as listed below
FTE PERSONNEL OPERATIONS TOTAL
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SS1
Mayor 112
Municipal Council 3
Commerce (econo dev) 4
Historic Preservation 2
CampCA 3
Customs 3
Finance amp Acctg 2
Procurement amp Supply 2
Revenue amp Tax
Labor 8
Agriculture 15
Fish amp Wildlife 2
Parks amp Recreation 5
Environmental Health 4
Dental Services 3
Tinian Health Center 49
Police (DPS) 45
Public Works ~
Total 268 $5179361 $1076719
20 (b) The Tinian and Aguiguan Legislative Delegation shall determine by Local
21 Delegation Resolution the allocation of the funds appropriated for the Second
22 Senatorial District
23 (c) The Mayor and the Chairperson of the Municipal Council shall have the
24 expenditure authority for appropriations for their respective offices except as provided
25 below Notwithstanding any law to the contrary the Mayor of Tinian amp Aguiguan shall
26 have 100 reprogramming authority of the funds appropriated in this Act Each
27 Municipal Council member shall allocate and provide for the expenditure of the funds
28 appropriated to the Council in accordance with the Official Rules of the Council
29 Additionally in accord with the Superior Courts decision in the case of Inos v
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 lID1 SS1
Tenorio the Mayors shall also have expenditure authority over resident government
2 departments in the First and Second senatorial districts respectively unless the
3 Governor revokes expenditure authority in a manner consistent with the Superior
4 Courts holding in Inos v Tenorio to wit expenditure authority over resident
5 departments that are primarily concerned with the delivery of public services can be
6 revoked only on a prior showing of just cause but the Governor has discretion to
7 revoke expenditure authority over those departments that are primarily concerned with
8 enforcing the law
9 (d) Tinian Health Center Four hundred twenty seven thousand seven hundred
10 twenty seven and eighty one ($42772781) from the Second Senatorial Districts
11 budget appropriation is hereby allocated to pay for the direct hiring of nurses ancillary
12 staff and other needed administrative adjustments on personnel matters
13 (e) Tinian Municipal Council One hundred twenty three thousand four
14 hundred three ($123403) All Others appropriation of the Municipal Council is
15 hereby allocated as follows (1) $15000 for office rental and administrative purposes
16 and (2) $108403 for community projects and other functions ofwhich $75000 shall be
17 allocated to the chairman and the remaining balance shall be divided equally among the
18 other two members who shall be the expenditure authority of such funds
19 (f) Tinian Commerce Thirty eight thousand one hundred forty one ($38141)
20 is hereby allocated under AU Others for operations and office supplies
Section707 Third Senatorial District - Mayor ofSaipan Mayor of the Northern
Islands and Saipan and Northern Islands Municipal Council
PUBLIC LAW NO 17-21 HOUSE BILL l7~l23 HDl SSl
1 (a) There is hereby appropriated the following amounts to fund the personnel
2 and non-personnel expenses of the municipal governments of Saipan and the Northern
3 Islands as listed below
4 FTE PERSONNEL OPERATIONS TOTAL
5 Saipan Mayor 48 $875509 $248240 $1123257 6 NI Mayor 11 $192849 $86716 $279565
7 Saipan Mun Council 1 $34076 $27447 $61523
8 Total 60 $1102434 $362411 $1464845
9 (b) The Mayor of Saipan the Mayor of the Northern Islands and the
10 Chairperson of the Municipal Council for Saipan and the Northern Islands shall be the
11 expenditure authority for appropriations for their respective offices Notwithstanding
12 any law to the contrary the Mayors of Saipan and the Northern Islands respectively
13 shall have 100 reprogramming authority of the funds appropriated in this Act
14 Section 708 Autonomous Agencies
15 (a) There is hereby appropriated the following amounts to fund the following
16 autonomous agencies as listed below
17 FTE PERSONNEL OPERATIONS TOTAL
18 NMC 160 $4099229 $364235 $4464464
MVA 36 $832531 $1780496 $2611027
ajlst amp and SeRaterl Dist $369999 $36886611gtfif~tll~fu0 PSS ll13 $28521990 $2617529 $31140519f-AP( 21
22 BOE 2 $1372685 $26643 ~164~28
23 Total 1312 $33591435 $5148903 $38740338
24 (b) Northern Marianas College
25 (1) The president of the Northern Marianas College shall be the
26 expenditure authority of the appropriated funds
i
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
pfiuv~I tys
I I
20
21
(c) Marianas Visitors Authority
(1) The chairman of the Board of Directors of the Marianas Visitors
Authority shall be the expenditure authority ofthe appropriated funds
(2) Tlnee hundted sixty thousand ($360000) of the All OthelS
appropriation ofth Malianas Visitors Burau sball allocatd as follows
(i) One httndred 1vveftty thousRJJd ($120000) to susidiZle the
eftartef flights from Japan to Rota under the eKpndinY=e authority of the
Cbairman oftbe Marianas Visitors AQtborityen
(ii) One bll1dred Pyenellty tbollSaad ($120000) to promote and
market Tinian as a tourist destinatioR under the expenditure ffitthority of
the Chairman of the Mwianas Visitors Authoriry ctnd
(iii) 000 hundred tlJlnty thousand ($120000) to pay the
outstandiag KllT aGGount for completed Gbafter flights from Japan to
RotH under the expenditUfe authority of the Chairman of the Marianas
Visitor s 1AzYtbor~[
(d) Public School System
(1) The expenditure authority shall be the Commissioner of Education
or hislher designee
(2) No part of funds appropriated to BU 1607 the Public School
System shall be used to pay for any expense including but not limited to travel
or reimbursement of the Board of Education its board members and staff
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SS1
1 (e) Board of Education The chairperson of the Board of Education shall be the
2 expenditure authority of the appropriated funds
3 Section 709 Boards and Commissions
4 (a) There is hereby appropriated the following amounts to fund the following
5 boards and commissions as listed below
FTE PERSONNEL OPERATIONS
BPL
Civil Servo Comm
Election Comm
Total
3
4
1 14
$88732
$164803
$1762806
$430341
$13264
$2183
$932819
$109266
11 Section 710 Independent Programs
12 There is hereby appropriated the following amounts to fund the following
13 independent programs and activities as listed below
14 FTE PERSONNEL OPERATIONS TOTAL
15 Ayuda Network 18417 18417
16 Commonwealth Museum 4 96395 40140 136535
17 Domestic Violence 36834 36834
18 Humanities Council 4604 4604
19 JoetenlKiyu Public Library 7 128933 39674 168607
20 Marianas Bound - Karidat 54147 54147
21 Micronesian Legal Legal Services - 18417 18417
22 Nat Govs Assoc 40518 40518
23 Public Assis Program 17577 17577
24 Govt Utilities 7539509 7539509
25 Judgment 76258 76258
26 La Fiesta Lease 200000 200000
27 Aetna R-Off amp Ret -- 1463483 0 1463483
28 Total 11 1688811 8492643 10181454
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
(a) Joeten-Kiyu Public Library The expenditure authority shall be the
chairperson of the Commonwealth Library Council
(b) Public Assistance - Matching Funds The expenditure authority shall be
the Governor or his designee
(c) Judgments against the Government The expenditure authority shall be the
Secretary of Finance in consultation with the Attorney General
(d) Commonwealth Museum The chairperson of the Board of Governors of
the Commonwealth Museum or hislher designee shall be the expenditure authority
(e) Ayuda Network The expenditure authority shall be the chairperson of the
board of directors
(f) KARlDAT The executive director of Marianas Bound (KARlDAT) shall
be the expenditure authority
(g) Micronesian Legal Services The executive director of the Micronesian
Legal Services Corporation shall be the expenditure authority
(h) For programs and activities not specifically mentioned the expenditure
authority shall be the Secretary of Finance
Section 711 Other Programs
(a) There is hereby appropriated the following amounts to the following other
programs as listed below
FTE PERSONNEL OPERATIONS TOTAL
22
23
NMIOICC
Ret Pension GovLtGov
Ret PL5-3 (COLA)
1 $27476
$147506
o o
413276
$27476
$147506
$413276
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
1 Workers Comp Comm ~ $121061 129648 $250709
2 Total 6 $297751 $541216 $838967
3 Section 712 Department of Public Lands
4 (a) Pursuant to Section 103 of Public Law 15-2 $2820886 is appropriated to
5 the Department of Public Lands as follows
6 Personnel $1765104
7 Operations $1055782
8 Total $2820886
9 FTE Ceiling 65
10 No funds received or collected by or remitted to the Department of Public Lands
11 pursuant to Public Law 15-2 that are in excess of the amount appropriated in this
12 section may be reprogrammed or expended absent legislative appropriation or in
13 violation of the Constitution
14 Section 713 Reporting Requirements The expenditure authorities of the
15 foregoing activities listed in Chapter VII shall submit to the presiding officers of the
16 legislature at the end of each quarter an itemized report on the expenditures for
17 personnel and operations of each government entity and the payments of the public
18 auditors fee for the quarter ended and if applicable year-to-date totals as of the close
19 of the reporting period
20 Section 714 Compact Impact Funds
middot21 Compact Impact funds shall be used III accordance with the terms and
22 conditions set forth in the Grant Agreement and shall be used to defray qualified
23 expenses for the following activities
24 (a) Office of Public Defender $ 37151
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HDt SSI
1 (b) Dept of Community amp Cultural Affairs
2 (c) Dept of Corrections
3 (d) Dept of Public Health
4 (e) Department of Public Safety
5 Total
6 Section 715 Outside Sources
$ 44616
$ 154698
$ 536744
$ 1157234
$1930443
7 (a) Notwithstanding any law to the contrary the Governor is authorized to
8 transfer qualified operational expenses to available and unencumbered outside general
9 fund accounts not to exceed $3500000 which are hereby appropriated to pay for such
10 expenses
11 CHAPTER VIII GENERAL PROVISIONS
12 Section 801 Severability If any provision of this Act or its application to any
13 person or circumstance is held invalid the invalidity does not affect other provisions
14 or applications of the Act which can be given effect without the invalid provision or
middot15 applications and to this end the provisions ofthis Act are severable
16 Section 802 Savings Clause This Act and any repealer contained herein shall
middot17 not be construed as affecting any existing right acquired under contract or acquired
18 under statutes repealed or under any rule regulation or order adopted under the statutes
middot19 Repealers contained in this Act shall not affect any proceeding instituted under or
ao pursuant to prior law The enactment of this Act shall not have the effect of terminating
21 or in any way modifying any liability civil or criminal which shall already be in
22 existence at the date this Act becomes effective
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HDl SSI
1 Section 803 Effective Date This Act shall become law upon its approval by the
2 Governor or it becoming law without such approvaL
House Clerk
Certiiedby ~~f OILAN C ORiOSPEAKER
this
Governor
2010
Commonwealth ofthe Northern Mariana Islands
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
1568 Domestic Violence
1570 National Governors Association
1577 Karidat
1580 Micronesian Legal Services
1591 Utilities - CNMI Government
(d) Local funds means locally generated revenues and revenues
received pursuant to Section 702 (a) of the Covenant
(e) Operations means appropriations for all lawful activities
other than personnel
(f) Personnel means appropriations for salaries employers
contribution to the Northern Marianas Retirement Fund the Defined
Contribution Plan overtime night differential hazardous pay and other
employee wages and benefits
(g) Position or Full-Time Equivalent (FTE) means the
maximum number of persons that may be employed pursuant to Article
X Section 7 of the Commonwealth Constitution but does not include
Workforce Investment Agency substitute teachers summer trainees
teacher aides physicians licensed professional nurses and licensed allied
health providers working part-time and paid only for instructional time
student teacher trainees or short-term specialized instructors such as
visiting artists performers writers and the like For purposes of this
exception part-time means employment not exceeding 40 hours in any
biweekly pay period and short-term meansmiddot not more than 90
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4
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9
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 DD1 SS1
instructional days employment within the Public School System during the
fiscal year
CHAPTER ll ESTIMATED REVENUES
Section 201 Estimated Revenues Pursuant to House Concurrent
Resolution No 17-2 HDl the total estimated revenues and resources approved
and identified for FY 2011 are as follows
L Total identified budgetary resources $149171000
II This amount is subject to the following adjustments
(a) Less revenue transfer to other funds
(1) PL 13-38 Cigarette Excise Tax to Tobacco Control lt1365000gt
(2) 10 Excise Tax Transfer to Solid Waste Revolving Fund lt1585000gt
(3) CIQ reimbursement for airport overtime lt475000gt
(4) 4 CMC Section 1803 (b) NMIRF Hotelcontainer tax per court order
lt1690000gt
(5) 4 CMC Section 1803 (b) MV A hotel container tax earmarking
lt3835000gt
(b) Less debt services previously appropriated
(1) 2003A $40 million bond repayment lt$369000gt
(2) 2007 A refunding bond payment lt$5152500gt
(3) 2007B refunding bond payment lt$2134500gt
(c) Deficit Reduction $
Subtotal lt$16606000gt
(d) Net FY 2011 budgetary resources available for appropriation $132565000
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSt
1 ( e) Department of Public Lands $2820866
2 Grand Total
3 Notwithstanding 1 CMC 7204 funds appropriated for FY2011 shall be
4 allotted monthly
5 Section 202 Suspension of Earmarked Funds Except for debt service
6 obligations and other earmarking of funds as permitted in Section 201 of this
7 Chapter the earmarking reservation commitment allotment or allocation of
8 funds pursuant to the following public laws are hereby suspended for Fiscal Year
9 2011
10 (a) Public Laws 15-5 and 14-54 (Non-resident Worker Fund Fees
11 to NMC and PSS and 10 of Gaming Jackpot Tax to PSS) and
12 (b) 4 CMC sect 1508(a) and (b) (10 of General Fund poker fees to
13 the Human Resources Development Fund [WIA] and 50 to the
14 Retirement Fund)
15 CHAPTER III
16 GOVERNMENT CORPORATIONS AND DESIGNATED
17 AGENCIESACTIVITIES
18 Section 301 Appropriation and Budget Authority Pursuant to 1 CMC sect
19 7206 and as provided herein budget and expenditure authority for the following
20 activities is hereby approved Expenditures in excess of the budget authority
21 approved herein for agencies to which public funds are appropriated shall not be
22 incurred or committed and hiring in excess of FTE ceilings is prohibited unless
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HDl SSI
1 authorized by a legislative joint resolution in accordance with Section 7 Article X
2 of the NMI Constitution
3 ACTIVITIES FTE OPERATIONS TOTAL
4 (a) Commonwealth Development Authority 27 758386 452691 1211077
5 (b) Commonwealth Ports Authority no submittal
6 (c) CNMI Govt Health amp Life Ins --------------------Privatized ------------------shy
7 (d) Commonwealth Utilities Corporation no submittal
8 (e) NM Housing Corporation 24 1110989 1113108 2224097
9 (f) NMI Ret Fund 27 1353669 76659330 78012999
10 (g) Office ofthe Public Auditor 30 1818525 755700 2574225
11 (h) Public Utilities Commission 55553 137550 193103
12 Grand Total 109 $520972122 $7921182379 8422152501
13 Notwithstanding the above dollar amounts the entities above shall expend only
14 the lesser of funds actually generated collected or received or the amounts
15 indicated above
16 Section 302 Prior Certification of Funds
17 No person shall be employed or enter into contractual relationship with the
18 Commonwealth or any government entity therein without first receiving from the
19 Secretary of the Department of Finance certification that lawful and sufficient
20 funds for the purpose are available For purposes of this section professional
21 services shall include but not be limited to services provided by engineers
22 accountants physicians lawyers and other similar professionals
23 Section 303 Reporting Requirement The expenditure authorities of the
24 foregoing activities listed in Section 301 shall submit to the presiding officers of
25 the legislature at the end of each quarter an itemized report on the expenditures
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4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
PUBLIC LAW NO 17-21
HOUSE BILL t7~t23 HDt SSt
for personnel and operations of each government entity and the payments of the
public auditors fee for the quarter ended and if applicable year~to-date totals as
of the close of the reporting period
CHAPTERIV ADMINISTRATION OF APPROPRIATED FUNDS
Section 401 Management of Funds
The expenditure of the funds appropriated and allocated under this Act
shall be regulated and controlled by the Secretary of Finance so that no agency
department instrumentality program or activity may expend the funds contrary
to the law or fiscal management policies and practices of the Commonwealth
Provided further that in addition to the report required under 1 CMC sect7209 the
Secretary ofFinance shall submit at the end of each quarter an itemized report on
the expenditures for personnel and operations of each business unit funded in
whole or in part by the General Fund for the quarter ended and if applicable
year-to-date totals as of the close of the reporting period
Section 402 Notwithstanding 1 CMC sect 7204 without prior legislative
approval consultation and concurrence no funds appropriated in this Act shall be
reduced or reprogrammed by the Governor except as provided herein
Section 403 FTE Ceiling
(a) Employment Ceilings Pursuant to Article X sect 7 of the
Commonwealth Constitution the employment ceilings are hereby established as
21 set forth herein
Section 404 Expenditure Authority 22
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5
6
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SS1
(a) The distribution and expenditure of funds shall be in compliance with
the fiscal expenditure authority the listed agencies have pursuant to statute and the
administrative provisions of this Act as set forth herein
(b) Except as provided in this Act the funds appropriated pursuant to this
Act shall be expended by the respective expenditure authority pursuant to 1 CMC
sectsect 7401 and 7503
(c) For the Ground Water Management and Protection Act Fund
expenditure authority is vested in the Director of the Division of Environmental
Quality
(d) For all government agencies receiving appropriated funds for
personnel or staff housing administrative and expenditure authority over housing
and accompanying funds including but not limited to approval of lease
agreements is vested in the appropriate agency officials designated by law as
having expenditure authority
(e) For the Domestic Violence Task Force expenditure authority is vested
in the Family Violence Task Force chairperson with concurrence of the Family
Violence Task Force coordinator
(f) For Crime Stoppers International the chairperson of the board of the
directors shall be the expenditure authority
(g) For Independent Programs unless otherwise provided in this Act or in
any other provision of law expenditure authority shall be vested in the Secretary
ofFinance
23 CHAPTER V REPROGRAMMING AUTHORITY
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 lID1 SSI
Section 501 Reprogramming Authority
2 (a) Unless otherwise specified in this act authority to reprogram
3 appropriated funds shall be as provided under I CMC sectsect 7402 and 7504
4 (b) Provided however 1 CMC sectsect 7402 (b) is hereby suspended for the
5 period of this Act Governor shall have 100 reprogramming authority on funds
6 appropriated under Section 704 of this Act
7 (c) Notwithstanding any law to the contrary the Governors authority to
8 reprogram funds under this section shall include the authority to reprogram funds
9 available to all public corporations agencies and entities of the Commonwealth
10 Government upon approval by joint approval ofthe legislature provided that such
11 funds are not restricted from reprogramming by federal law federal grant
12 conditions Commonwealth constitutional prohibitions and deposit and other
13 security restrictions related to bond covenants and the financing of public
14 projects
15 CHAPTER VI SUPPLEMENTAL ADMINISTRATIVE PROVISIONS
16 Section 601 Utilities The amount of $7539509 included in the
17 Independent Programs shall be appropriated for the payment of utilities for the
18 branches departments and agencies of the Commonwealth government except
19 the business units listed in Section 103(b)(7) and the Public School System and
20 the Northern Marianas College
-21 Section 602 Hiring Restriction
22 (a) As long as work hours and wages are reduced no vacancies shall be
23 filled except for critical and emergency positions provided that until a law is
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
passed defining critical and emergency positions said critical and emergency
2 positions must be approved by joint approval of the legislature
3 (b) In order to reduce the size of the Government except for the Public
4 School System the Northern Marianas College and health care professionals of
5 the Department of Public Health and Environmental Services any FTE (full-time
6 equivalent) that becomes vacant shall be eliminated The renewal of the contract
7 for an existing employee shall not be considered creating a vacant position If a
8 new position or vacant position is necessary to be filled to protect the health
9 safety and welfare of the public the expenditure authority may request the
10 Legislature to establish a new FTE by joint resolution The appropriations set
11 forth in Section 704 are contingent on this section remaining in this Appropriation
12 Act
13 Section 603 Litigation Expenditures Restricted
14 Except for the governor the attorney general the chief justice of the
15 Commonwealth supreme court presiding officers of the legislature mayors and
16 municipal councils and notwithstanding any law to the contrary no agency
17 expenditure authority may use any part of their appropriations in connection with
18 prosecuting a legal matter against another agency unless authorized by the chief
19 justice in the case of agencies within the judicial branch the governor in the case
20 of agencies within the executive branch and the presiding officers in the case of
21 agencies within the legislative branch and mayors in the case of agencies under
22 their authority The terms agency and agencies as used in this section shall be
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HDl SSI
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1 liberally construed to include all instrumentalities and subdivisions of the
2 Commonwealth Government
Section 604 Public Auditors Fee
The Public Auditors Fee is 1 (one percent) of the total appropriations
for each instrumentality department agency corporation and budget activity of
the CNMI Government Notwithstanding any other provision of law any lapsed
funds from the Office of Public Auditor shall be applied to CNMI deficit
reduction only Agencies that are not funded by the general fund listed in section
301 (a)-(h) shall remit their respective fee on a monthly basis to the Department
ofFinance
Section 605 Legal Holidays
(a) The following laws and regulations providing for payment of legal
holidays are repealed during fiscal year 2011
1 CMC sect312 and sect313
Title 10 NMIAC sect10-lO-135G) (Excepted Service)
Title 10 NMIAC sectlO-202-346 (Civil Service Executive Branch)
Title lO NMIAC sect lO-30-344 (Civil Service Judicial Branch)
Title 40 NMIAC sect40-40-425 (Commonwealth Ports Authority)
Title 60 NMIAC sect60-301-444 (Public School System)
Title 100 NMIAC sect 100-50-430 (Northern Marianas Housing
Corporation)
Title 120 NMIAC sect120-lO-230 (Excepted Service) and
Title 130 NMIAC 130-20-330 (Office of the Public Auditor)
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HDl SSI
1 (b) Any employee required to work on a legal holiday shall be paid hislher
2 regular salary
3 (c) From the legal holidays listed in 1 CMC sect311 the Governor may
4 select one or more legal holidays for fiscal year 2011 for which employees shall
5 receive leave with pay
6 (d) Although leave with pay is not required for legal holidays during
7 Fiscal Year 2011 expenditure authorities may grant leave with pay for their
8 employees if they have available funds in their personnel account
9 CHAPTER VII APPROPRIATIONS
10 Section 701 In General
11 (a) Funds designated in Chapter II as available for appropriation for FY 2011
12 are hereby appropriated pursuant to this Chapter
13 (b) A business units FTE ceiling shall be established in this Chapter No
14 business unit shall exceed its FTE ceiling unless authorized by this Act or joint
15 resolution of the legislature
16 (c) Reduction in the Level of Appropriations In order to provide expenditure
17 authorities with flexibility in determining the allocation of funding for their operations
18 expenditure authorities must reduce their expenditures to achieve the level of
19 appropriation under this Act
20 Expenditure authorities may reduce previous levels ofexpenditure by
21 (1) A reduction in work hours
22 (2) A reduction in wages
23 (3) Furlough
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
1 (4) A reduction in force
2 (5) A reduction in expenditures for all others or
3 (6) A combination of reductions under subsections (1) through (5)
4 (d) The reduction in work hours shall not exceed 16 hours per bi-weekly pay
5 period If sufficient additional resources are not identified during the first quarter of
6 FY 2011 to allow an increase in work hours the reduction in work hours may be
7 continued
8 (e) Suspension of Restrictions on Reprogramming To provide for the
9 reprogramming between personnel and non-personnel accounts 1 CMC sect7402(c) is
10 suspended for the period that this Act is in effect
11 (f) Provided however that during the period of this Act no funds shall be I I
12 reprogrammed from non-personnel accounts to personnel accounts to increase any
13 salaries from its current level
14 Section 702 Judicial Branch
15 (a) There is hereby appropriated the following amounts to fund the personnel
16 and non-personnel expenses as listed below of the Judicial branch
17 FTE PERSONNEL OPERATIONS TOTAL
18 Supreme Court 11 792333 3639 795972
19 Superior Court 45 1714552 160961 1875513
20 Administration 13 295435 217240 512675
21 Law Revision Comm 5 132442 6245 138687
22 TOTAL 74 $2934762 $388085 $3322847
23 Section 703 Legislative Branch
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
1 (a) In accordance with Article II sect16(b) and (c) of the NMI Constitution as
2 amended by Legislative Initiative 10-8 the following amounts are hereby appropriated
3 to fund the personnel retirement contribution and non-personnel expenses as listed
4 below of the Legislative branch
5 FTE PERSONNEL OPERATIONS TOTAL
6 House Members Salary 20 954597 954597
7 House Members Allocation 100 1700000 1700000
8 House Leadership Allocation 138000 138000
9 Senate 9 431141 431141
10 Senate Members Allocation 45 765000 765000
11 Senate Leadership Allocation 138000 138000
12 Legislative Bureau 28 1274764 167000 1441764
13 CNMI Youth Congress 1 21167 20000 41167
14 TOTAL 203 $2681669 $2928000 $5609669
15 (b) Salaries of Legislative Members
16 (1) The amount appropriated under this section to the House of
17 Representatives under personnel shall be used to fund the salaries and
18 benefits of the members of the House of Representatives The expenditure
19 authority for the amounts appropriated shall be the Secretary of Finance
20 (2) The amount appropriated under this section to the Senate under
21 personnel shall be used to fund the salaries and benefits of the members of the
22 Senate The expenditure authority for the amounts appropriated shall be the
23 Secretary of Finance
24 (c) House Members Office Accounts and Employees
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
(1) The Department of Finance shall establish and assign a number to a
new business unit account entitled House Members Office Accounts for the
appropriation for House Members Allocation Another new business unit
account entitled Senate Members Office Accounts for the appropriation for
Senate Members Allocation Under each of these said accounts an equal
amount of the appropriation shall be allocated to subaccount further established
thereunder for each member of the respective house for the operations of the
members office as permitted under section 16 of article II of the CNMI
Constitution applicable laws and the rules of the legislative body to which the
member was elected
(2) Notwithstanding 1 CMC sect7401(c) to the contrary each member
shall be the expenditure authority of the funds allocated to their individual sub-
account
(3) Funds allocated for the operation of the members office including
but not limited to the personnel costs of the members employees and
expenditures as authorized by the adopted rules of the Senate in the case of the
Senate member or the adopted rules ofthe House of Representatives in the case
of a House member such as a monthly stipend to defray travel and incidental
expenses for the purpose of attending to legislative business outside the
members senatorial district
(4) Allocation ofFTEs among House members shall be governed by the
rules of the House
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
(5) Allocation of FTEs among Senate members shall be governed by
the rules of the Senate
(d) Senate and House Leadership Accounts
(1) The Department of Finance shall establish and assign a number to
two new business unit accounts one entitled House Leadership Account for
the appropriation in the amount of $138000 under All Others and another
new business unit account entitled Senate Leadership Account for the
appropriation in the amount of $138000 under All Others
(2) The presiding officer of each respective house or his lawfully
authorized designee shall be the expenditure authority and shall use such funds
to support the operations and activities of the House of Representatives and
Senate in accordance with its rules provided that the presiding officer
distributes a portion of the total appropriation in equal amounts to all the
standing committees for their operations and activities
(e) Legislative Bureau The expenditure authority of the funds appropriated for
the Legislative Bureau shall be the Director of the Legislative Bureau or his or her
lawfully authorized designee
(f) Northern Marianas Youth Congress The expenditure authority is vested in
the Director of the Legislative Bureau with the consultation of the Speaker of the
Northern Mariana Islands Youth Congress
Section 704 Executive Branch
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SS1
1 There are hereby appropriated the following amounts to fund the personnel and
2 non-personnel expenses of the offices programs and activities of the Executive Branch
3 as listed below
4 FTE PERSONNEL OPERATIONS TOTAL
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
21
22
23
24
25
26
27
28
29 30 i31
Office ofGov
Attorney General
Commerce
Comm amp Cult Affairs
Corrections
Finance
Labor
Lands amp Natural Res
Public Health
Public Safety
Public Works
Total
140
42
32
88
96
163
44
98
485
258
129
1575 $45120729 $14184384 $59305113
Section 705 First Senatorial District Rota
(a) There is hereby appropriated the following amounts to fund the personnel
and non-personnel expenses as listed below of the First Senatorial District
Mayor
Municipal Coun
Commerce (econ Dev)
CampCA
Police (DPS)
Fire
Finance amp Actg
Revenue amp Tax
Customs
Procurement amp Supply
Labor
FTE PERSONNEL OPERATIONS
99
11
8
10
34
12
3
3
6
2
7
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
1 Agriculture 20
2 Historic Preservation 4
3 Lands Regisamp Survey 6
4 Fish amp Wildlife 5
5 Parks amp Recreation 4
6 Soil amp Water Consv
7 Rota Health Center 51
8 Dental Services 4
9 DPH Med Referral 5
10 Environmental Health 2
11 Public Works 23
12 Total 320 $5677593 $576487 $6256080
13 (b) The Rota Legislative Delegation shall determine by Local Delegation
14 Resolution the allocation of the funds appropriated for the First Senatorial District
15 (c) Except as provided in this section the Mayor ofRota shall have authority to
16 expend obligate encumber or otherwise commit the funds appropriated to the First
17 Senatorial District Notwithstanding any law to the contrary the Mayor of Rota shall
18 have 100 reprogramming authority of the funds appropriated in this Act
19 Appropriations to the Municipal Council shall be divided and distributed equally to
20 each member of the Municipal Council Each Municipal Council member shall be the
21 expenditure authority of funds distributed to himher Additionally in accord with the
22 Superior Courts decision in the case of Inos v Tenorio the Mayors shall also have
23 expenditure authority over resident government departments in the First and Second
24 senatorial districts respectively unless the Governor revokes expenditure authority in a
25 manner consistent with the Superior Courts holding in Inos v Tenorio to wit
26 expenditure authority over resident departments that are primarily concerned with the
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
delivery of public services can be revoked only on a prior showing of just cause but
the Governor has discretion to revoke expenditure authority over those departments
that are primarily concerned with enforcing the law
(c) Rota Health Center Three hundred forty thousand ($34000000) from the
First Senatorial Districts budget appropriation is hereby allocated to pay for
professional services for nurses technicians and other medical and auxiliary
professionals as needed including one mental health counselor in the amount of Thirty
Three Thousand Dollars ($3300000)
(d) DPS Cadets One hundred seven thousand seven hundred eighty
($10778000) from the First Senatorial Districts budget appropriation is hereby
allocated for five (5) Full Time Equivalents (FTEs) for the Rota Department of Public
Safety of the total 329 FTEs to fully fund the five (5) 2010 DPS Academy graduates
from the First District who shall be placed as FTEs within the Rota Department of
Public Safety Any shortfall for overtime retirement or benefits shall be borne by the
municipality
(e) Dentist Seventy-seven thousand two hundred dollars ($77200) from the
First Senatorial Districts budget appropriation is hereby allocated for one (1) Full
Time Equivalent (FTE) to hire a dentist
Section 706 Second Senatorial District - Tinian amp Aguiguan
(a) There is hereby appropriated the following amounts to fund the personnel
and non-personnel expenses of the Second Senatorial District as listed below
FTE PERSONNEL OPERATIONS TOTAL
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SS1
Mayor 112
Municipal Council 3
Commerce (econo dev) 4
Historic Preservation 2
CampCA 3
Customs 3
Finance amp Acctg 2
Procurement amp Supply 2
Revenue amp Tax
Labor 8
Agriculture 15
Fish amp Wildlife 2
Parks amp Recreation 5
Environmental Health 4
Dental Services 3
Tinian Health Center 49
Police (DPS) 45
Public Works ~
Total 268 $5179361 $1076719
20 (b) The Tinian and Aguiguan Legislative Delegation shall determine by Local
21 Delegation Resolution the allocation of the funds appropriated for the Second
22 Senatorial District
23 (c) The Mayor and the Chairperson of the Municipal Council shall have the
24 expenditure authority for appropriations for their respective offices except as provided
25 below Notwithstanding any law to the contrary the Mayor of Tinian amp Aguiguan shall
26 have 100 reprogramming authority of the funds appropriated in this Act Each
27 Municipal Council member shall allocate and provide for the expenditure of the funds
28 appropriated to the Council in accordance with the Official Rules of the Council
29 Additionally in accord with the Superior Courts decision in the case of Inos v
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 lID1 SS1
Tenorio the Mayors shall also have expenditure authority over resident government
2 departments in the First and Second senatorial districts respectively unless the
3 Governor revokes expenditure authority in a manner consistent with the Superior
4 Courts holding in Inos v Tenorio to wit expenditure authority over resident
5 departments that are primarily concerned with the delivery of public services can be
6 revoked only on a prior showing of just cause but the Governor has discretion to
7 revoke expenditure authority over those departments that are primarily concerned with
8 enforcing the law
9 (d) Tinian Health Center Four hundred twenty seven thousand seven hundred
10 twenty seven and eighty one ($42772781) from the Second Senatorial Districts
11 budget appropriation is hereby allocated to pay for the direct hiring of nurses ancillary
12 staff and other needed administrative adjustments on personnel matters
13 (e) Tinian Municipal Council One hundred twenty three thousand four
14 hundred three ($123403) All Others appropriation of the Municipal Council is
15 hereby allocated as follows (1) $15000 for office rental and administrative purposes
16 and (2) $108403 for community projects and other functions ofwhich $75000 shall be
17 allocated to the chairman and the remaining balance shall be divided equally among the
18 other two members who shall be the expenditure authority of such funds
19 (f) Tinian Commerce Thirty eight thousand one hundred forty one ($38141)
20 is hereby allocated under AU Others for operations and office supplies
Section707 Third Senatorial District - Mayor ofSaipan Mayor of the Northern
Islands and Saipan and Northern Islands Municipal Council
PUBLIC LAW NO 17-21 HOUSE BILL l7~l23 HDl SSl
1 (a) There is hereby appropriated the following amounts to fund the personnel
2 and non-personnel expenses of the municipal governments of Saipan and the Northern
3 Islands as listed below
4 FTE PERSONNEL OPERATIONS TOTAL
5 Saipan Mayor 48 $875509 $248240 $1123257 6 NI Mayor 11 $192849 $86716 $279565
7 Saipan Mun Council 1 $34076 $27447 $61523
8 Total 60 $1102434 $362411 $1464845
9 (b) The Mayor of Saipan the Mayor of the Northern Islands and the
10 Chairperson of the Municipal Council for Saipan and the Northern Islands shall be the
11 expenditure authority for appropriations for their respective offices Notwithstanding
12 any law to the contrary the Mayors of Saipan and the Northern Islands respectively
13 shall have 100 reprogramming authority of the funds appropriated in this Act
14 Section 708 Autonomous Agencies
15 (a) There is hereby appropriated the following amounts to fund the following
16 autonomous agencies as listed below
17 FTE PERSONNEL OPERATIONS TOTAL
18 NMC 160 $4099229 $364235 $4464464
MVA 36 $832531 $1780496 $2611027
ajlst amp and SeRaterl Dist $369999 $36886611gtfif~tll~fu0 PSS ll13 $28521990 $2617529 $31140519f-AP( 21
22 BOE 2 $1372685 $26643 ~164~28
23 Total 1312 $33591435 $5148903 $38740338
24 (b) Northern Marianas College
25 (1) The president of the Northern Marianas College shall be the
26 expenditure authority of the appropriated funds
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
pfiuv~I tys
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(c) Marianas Visitors Authority
(1) The chairman of the Board of Directors of the Marianas Visitors
Authority shall be the expenditure authority ofthe appropriated funds
(2) Tlnee hundted sixty thousand ($360000) of the All OthelS
appropriation ofth Malianas Visitors Burau sball allocatd as follows
(i) One httndred 1vveftty thousRJJd ($120000) to susidiZle the
eftartef flights from Japan to Rota under the eKpndinY=e authority of the
Cbairman oftbe Marianas Visitors AQtborityen
(ii) One bll1dred Pyenellty tbollSaad ($120000) to promote and
market Tinian as a tourist destinatioR under the expenditure ffitthority of
the Chairman of the Mwianas Visitors Authoriry ctnd
(iii) 000 hundred tlJlnty thousand ($120000) to pay the
outstandiag KllT aGGount for completed Gbafter flights from Japan to
RotH under the expenditUfe authority of the Chairman of the Marianas
Visitor s 1AzYtbor~[
(d) Public School System
(1) The expenditure authority shall be the Commissioner of Education
or hislher designee
(2) No part of funds appropriated to BU 1607 the Public School
System shall be used to pay for any expense including but not limited to travel
or reimbursement of the Board of Education its board members and staff
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SS1
1 (e) Board of Education The chairperson of the Board of Education shall be the
2 expenditure authority of the appropriated funds
3 Section 709 Boards and Commissions
4 (a) There is hereby appropriated the following amounts to fund the following
5 boards and commissions as listed below
FTE PERSONNEL OPERATIONS
BPL
Civil Servo Comm
Election Comm
Total
3
4
1 14
$88732
$164803
$1762806
$430341
$13264
$2183
$932819
$109266
11 Section 710 Independent Programs
12 There is hereby appropriated the following amounts to fund the following
13 independent programs and activities as listed below
14 FTE PERSONNEL OPERATIONS TOTAL
15 Ayuda Network 18417 18417
16 Commonwealth Museum 4 96395 40140 136535
17 Domestic Violence 36834 36834
18 Humanities Council 4604 4604
19 JoetenlKiyu Public Library 7 128933 39674 168607
20 Marianas Bound - Karidat 54147 54147
21 Micronesian Legal Legal Services - 18417 18417
22 Nat Govs Assoc 40518 40518
23 Public Assis Program 17577 17577
24 Govt Utilities 7539509 7539509
25 Judgment 76258 76258
26 La Fiesta Lease 200000 200000
27 Aetna R-Off amp Ret -- 1463483 0 1463483
28 Total 11 1688811 8492643 10181454
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
(a) Joeten-Kiyu Public Library The expenditure authority shall be the
chairperson of the Commonwealth Library Council
(b) Public Assistance - Matching Funds The expenditure authority shall be
the Governor or his designee
(c) Judgments against the Government The expenditure authority shall be the
Secretary of Finance in consultation with the Attorney General
(d) Commonwealth Museum The chairperson of the Board of Governors of
the Commonwealth Museum or hislher designee shall be the expenditure authority
(e) Ayuda Network The expenditure authority shall be the chairperson of the
board of directors
(f) KARlDAT The executive director of Marianas Bound (KARlDAT) shall
be the expenditure authority
(g) Micronesian Legal Services The executive director of the Micronesian
Legal Services Corporation shall be the expenditure authority
(h) For programs and activities not specifically mentioned the expenditure
authority shall be the Secretary of Finance
Section 711 Other Programs
(a) There is hereby appropriated the following amounts to the following other
programs as listed below
FTE PERSONNEL OPERATIONS TOTAL
22
23
NMIOICC
Ret Pension GovLtGov
Ret PL5-3 (COLA)
1 $27476
$147506
o o
413276
$27476
$147506
$413276
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
1 Workers Comp Comm ~ $121061 129648 $250709
2 Total 6 $297751 $541216 $838967
3 Section 712 Department of Public Lands
4 (a) Pursuant to Section 103 of Public Law 15-2 $2820886 is appropriated to
5 the Department of Public Lands as follows
6 Personnel $1765104
7 Operations $1055782
8 Total $2820886
9 FTE Ceiling 65
10 No funds received or collected by or remitted to the Department of Public Lands
11 pursuant to Public Law 15-2 that are in excess of the amount appropriated in this
12 section may be reprogrammed or expended absent legislative appropriation or in
13 violation of the Constitution
14 Section 713 Reporting Requirements The expenditure authorities of the
15 foregoing activities listed in Chapter VII shall submit to the presiding officers of the
16 legislature at the end of each quarter an itemized report on the expenditures for
17 personnel and operations of each government entity and the payments of the public
18 auditors fee for the quarter ended and if applicable year-to-date totals as of the close
19 of the reporting period
20 Section 714 Compact Impact Funds
middot21 Compact Impact funds shall be used III accordance with the terms and
22 conditions set forth in the Grant Agreement and shall be used to defray qualified
23 expenses for the following activities
24 (a) Office of Public Defender $ 37151
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HDt SSI
1 (b) Dept of Community amp Cultural Affairs
2 (c) Dept of Corrections
3 (d) Dept of Public Health
4 (e) Department of Public Safety
5 Total
6 Section 715 Outside Sources
$ 44616
$ 154698
$ 536744
$ 1157234
$1930443
7 (a) Notwithstanding any law to the contrary the Governor is authorized to
8 transfer qualified operational expenses to available and unencumbered outside general
9 fund accounts not to exceed $3500000 which are hereby appropriated to pay for such
10 expenses
11 CHAPTER VIII GENERAL PROVISIONS
12 Section 801 Severability If any provision of this Act or its application to any
13 person or circumstance is held invalid the invalidity does not affect other provisions
14 or applications of the Act which can be given effect without the invalid provision or
middot15 applications and to this end the provisions ofthis Act are severable
16 Section 802 Savings Clause This Act and any repealer contained herein shall
middot17 not be construed as affecting any existing right acquired under contract or acquired
18 under statutes repealed or under any rule regulation or order adopted under the statutes
middot19 Repealers contained in this Act shall not affect any proceeding instituted under or
ao pursuant to prior law The enactment of this Act shall not have the effect of terminating
21 or in any way modifying any liability civil or criminal which shall already be in
22 existence at the date this Act becomes effective
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HDl SSI
1 Section 803 Effective Date This Act shall become law upon its approval by the
2 Governor or it becoming law without such approvaL
House Clerk
Certiiedby ~~f OILAN C ORiOSPEAKER
this
Governor
2010
Commonwealth ofthe Northern Mariana Islands
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 DD1 SS1
instructional days employment within the Public School System during the
fiscal year
CHAPTER ll ESTIMATED REVENUES
Section 201 Estimated Revenues Pursuant to House Concurrent
Resolution No 17-2 HDl the total estimated revenues and resources approved
and identified for FY 2011 are as follows
L Total identified budgetary resources $149171000
II This amount is subject to the following adjustments
(a) Less revenue transfer to other funds
(1) PL 13-38 Cigarette Excise Tax to Tobacco Control lt1365000gt
(2) 10 Excise Tax Transfer to Solid Waste Revolving Fund lt1585000gt
(3) CIQ reimbursement for airport overtime lt475000gt
(4) 4 CMC Section 1803 (b) NMIRF Hotelcontainer tax per court order
lt1690000gt
(5) 4 CMC Section 1803 (b) MV A hotel container tax earmarking
lt3835000gt
(b) Less debt services previously appropriated
(1) 2003A $40 million bond repayment lt$369000gt
(2) 2007 A refunding bond payment lt$5152500gt
(3) 2007B refunding bond payment lt$2134500gt
(c) Deficit Reduction $
Subtotal lt$16606000gt
(d) Net FY 2011 budgetary resources available for appropriation $132565000
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSt
1 ( e) Department of Public Lands $2820866
2 Grand Total
3 Notwithstanding 1 CMC 7204 funds appropriated for FY2011 shall be
4 allotted monthly
5 Section 202 Suspension of Earmarked Funds Except for debt service
6 obligations and other earmarking of funds as permitted in Section 201 of this
7 Chapter the earmarking reservation commitment allotment or allocation of
8 funds pursuant to the following public laws are hereby suspended for Fiscal Year
9 2011
10 (a) Public Laws 15-5 and 14-54 (Non-resident Worker Fund Fees
11 to NMC and PSS and 10 of Gaming Jackpot Tax to PSS) and
12 (b) 4 CMC sect 1508(a) and (b) (10 of General Fund poker fees to
13 the Human Resources Development Fund [WIA] and 50 to the
14 Retirement Fund)
15 CHAPTER III
16 GOVERNMENT CORPORATIONS AND DESIGNATED
17 AGENCIESACTIVITIES
18 Section 301 Appropriation and Budget Authority Pursuant to 1 CMC sect
19 7206 and as provided herein budget and expenditure authority for the following
20 activities is hereby approved Expenditures in excess of the budget authority
21 approved herein for agencies to which public funds are appropriated shall not be
22 incurred or committed and hiring in excess of FTE ceilings is prohibited unless
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HDl SSI
1 authorized by a legislative joint resolution in accordance with Section 7 Article X
2 of the NMI Constitution
3 ACTIVITIES FTE OPERATIONS TOTAL
4 (a) Commonwealth Development Authority 27 758386 452691 1211077
5 (b) Commonwealth Ports Authority no submittal
6 (c) CNMI Govt Health amp Life Ins --------------------Privatized ------------------shy
7 (d) Commonwealth Utilities Corporation no submittal
8 (e) NM Housing Corporation 24 1110989 1113108 2224097
9 (f) NMI Ret Fund 27 1353669 76659330 78012999
10 (g) Office ofthe Public Auditor 30 1818525 755700 2574225
11 (h) Public Utilities Commission 55553 137550 193103
12 Grand Total 109 $520972122 $7921182379 8422152501
13 Notwithstanding the above dollar amounts the entities above shall expend only
14 the lesser of funds actually generated collected or received or the amounts
15 indicated above
16 Section 302 Prior Certification of Funds
17 No person shall be employed or enter into contractual relationship with the
18 Commonwealth or any government entity therein without first receiving from the
19 Secretary of the Department of Finance certification that lawful and sufficient
20 funds for the purpose are available For purposes of this section professional
21 services shall include but not be limited to services provided by engineers
22 accountants physicians lawyers and other similar professionals
23 Section 303 Reporting Requirement The expenditure authorities of the
24 foregoing activities listed in Section 301 shall submit to the presiding officers of
25 the legislature at the end of each quarter an itemized report on the expenditures
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PUBLIC LAW NO 17-21
HOUSE BILL t7~t23 HDt SSt
for personnel and operations of each government entity and the payments of the
public auditors fee for the quarter ended and if applicable year~to-date totals as
of the close of the reporting period
CHAPTERIV ADMINISTRATION OF APPROPRIATED FUNDS
Section 401 Management of Funds
The expenditure of the funds appropriated and allocated under this Act
shall be regulated and controlled by the Secretary of Finance so that no agency
department instrumentality program or activity may expend the funds contrary
to the law or fiscal management policies and practices of the Commonwealth
Provided further that in addition to the report required under 1 CMC sect7209 the
Secretary ofFinance shall submit at the end of each quarter an itemized report on
the expenditures for personnel and operations of each business unit funded in
whole or in part by the General Fund for the quarter ended and if applicable
year-to-date totals as of the close of the reporting period
Section 402 Notwithstanding 1 CMC sect 7204 without prior legislative
approval consultation and concurrence no funds appropriated in this Act shall be
reduced or reprogrammed by the Governor except as provided herein
Section 403 FTE Ceiling
(a) Employment Ceilings Pursuant to Article X sect 7 of the
Commonwealth Constitution the employment ceilings are hereby established as
21 set forth herein
Section 404 Expenditure Authority 22
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SS1
(a) The distribution and expenditure of funds shall be in compliance with
the fiscal expenditure authority the listed agencies have pursuant to statute and the
administrative provisions of this Act as set forth herein
(b) Except as provided in this Act the funds appropriated pursuant to this
Act shall be expended by the respective expenditure authority pursuant to 1 CMC
sectsect 7401 and 7503
(c) For the Ground Water Management and Protection Act Fund
expenditure authority is vested in the Director of the Division of Environmental
Quality
(d) For all government agencies receiving appropriated funds for
personnel or staff housing administrative and expenditure authority over housing
and accompanying funds including but not limited to approval of lease
agreements is vested in the appropriate agency officials designated by law as
having expenditure authority
(e) For the Domestic Violence Task Force expenditure authority is vested
in the Family Violence Task Force chairperson with concurrence of the Family
Violence Task Force coordinator
(f) For Crime Stoppers International the chairperson of the board of the
directors shall be the expenditure authority
(g) For Independent Programs unless otherwise provided in this Act or in
any other provision of law expenditure authority shall be vested in the Secretary
ofFinance
23 CHAPTER V REPROGRAMMING AUTHORITY
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 lID1 SSI
Section 501 Reprogramming Authority
2 (a) Unless otherwise specified in this act authority to reprogram
3 appropriated funds shall be as provided under I CMC sectsect 7402 and 7504
4 (b) Provided however 1 CMC sectsect 7402 (b) is hereby suspended for the
5 period of this Act Governor shall have 100 reprogramming authority on funds
6 appropriated under Section 704 of this Act
7 (c) Notwithstanding any law to the contrary the Governors authority to
8 reprogram funds under this section shall include the authority to reprogram funds
9 available to all public corporations agencies and entities of the Commonwealth
10 Government upon approval by joint approval ofthe legislature provided that such
11 funds are not restricted from reprogramming by federal law federal grant
12 conditions Commonwealth constitutional prohibitions and deposit and other
13 security restrictions related to bond covenants and the financing of public
14 projects
15 CHAPTER VI SUPPLEMENTAL ADMINISTRATIVE PROVISIONS
16 Section 601 Utilities The amount of $7539509 included in the
17 Independent Programs shall be appropriated for the payment of utilities for the
18 branches departments and agencies of the Commonwealth government except
19 the business units listed in Section 103(b)(7) and the Public School System and
20 the Northern Marianas College
-21 Section 602 Hiring Restriction
22 (a) As long as work hours and wages are reduced no vacancies shall be
23 filled except for critical and emergency positions provided that until a law is
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
passed defining critical and emergency positions said critical and emergency
2 positions must be approved by joint approval of the legislature
3 (b) In order to reduce the size of the Government except for the Public
4 School System the Northern Marianas College and health care professionals of
5 the Department of Public Health and Environmental Services any FTE (full-time
6 equivalent) that becomes vacant shall be eliminated The renewal of the contract
7 for an existing employee shall not be considered creating a vacant position If a
8 new position or vacant position is necessary to be filled to protect the health
9 safety and welfare of the public the expenditure authority may request the
10 Legislature to establish a new FTE by joint resolution The appropriations set
11 forth in Section 704 are contingent on this section remaining in this Appropriation
12 Act
13 Section 603 Litigation Expenditures Restricted
14 Except for the governor the attorney general the chief justice of the
15 Commonwealth supreme court presiding officers of the legislature mayors and
16 municipal councils and notwithstanding any law to the contrary no agency
17 expenditure authority may use any part of their appropriations in connection with
18 prosecuting a legal matter against another agency unless authorized by the chief
19 justice in the case of agencies within the judicial branch the governor in the case
20 of agencies within the executive branch and the presiding officers in the case of
21 agencies within the legislative branch and mayors in the case of agencies under
22 their authority The terms agency and agencies as used in this section shall be
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HDl SSI
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6
7
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9
12
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1 liberally construed to include all instrumentalities and subdivisions of the
2 Commonwealth Government
Section 604 Public Auditors Fee
The Public Auditors Fee is 1 (one percent) of the total appropriations
for each instrumentality department agency corporation and budget activity of
the CNMI Government Notwithstanding any other provision of law any lapsed
funds from the Office of Public Auditor shall be applied to CNMI deficit
reduction only Agencies that are not funded by the general fund listed in section
301 (a)-(h) shall remit their respective fee on a monthly basis to the Department
ofFinance
Section 605 Legal Holidays
(a) The following laws and regulations providing for payment of legal
holidays are repealed during fiscal year 2011
1 CMC sect312 and sect313
Title 10 NMIAC sect10-lO-135G) (Excepted Service)
Title 10 NMIAC sectlO-202-346 (Civil Service Executive Branch)
Title lO NMIAC sect lO-30-344 (Civil Service Judicial Branch)
Title 40 NMIAC sect40-40-425 (Commonwealth Ports Authority)
Title 60 NMIAC sect60-301-444 (Public School System)
Title 100 NMIAC sect 100-50-430 (Northern Marianas Housing
Corporation)
Title 120 NMIAC sect120-lO-230 (Excepted Service) and
Title 130 NMIAC 130-20-330 (Office of the Public Auditor)
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HDl SSI
1 (b) Any employee required to work on a legal holiday shall be paid hislher
2 regular salary
3 (c) From the legal holidays listed in 1 CMC sect311 the Governor may
4 select one or more legal holidays for fiscal year 2011 for which employees shall
5 receive leave with pay
6 (d) Although leave with pay is not required for legal holidays during
7 Fiscal Year 2011 expenditure authorities may grant leave with pay for their
8 employees if they have available funds in their personnel account
9 CHAPTER VII APPROPRIATIONS
10 Section 701 In General
11 (a) Funds designated in Chapter II as available for appropriation for FY 2011
12 are hereby appropriated pursuant to this Chapter
13 (b) A business units FTE ceiling shall be established in this Chapter No
14 business unit shall exceed its FTE ceiling unless authorized by this Act or joint
15 resolution of the legislature
16 (c) Reduction in the Level of Appropriations In order to provide expenditure
17 authorities with flexibility in determining the allocation of funding for their operations
18 expenditure authorities must reduce their expenditures to achieve the level of
19 appropriation under this Act
20 Expenditure authorities may reduce previous levels ofexpenditure by
21 (1) A reduction in work hours
22 (2) A reduction in wages
23 (3) Furlough
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
1 (4) A reduction in force
2 (5) A reduction in expenditures for all others or
3 (6) A combination of reductions under subsections (1) through (5)
4 (d) The reduction in work hours shall not exceed 16 hours per bi-weekly pay
5 period If sufficient additional resources are not identified during the first quarter of
6 FY 2011 to allow an increase in work hours the reduction in work hours may be
7 continued
8 (e) Suspension of Restrictions on Reprogramming To provide for the
9 reprogramming between personnel and non-personnel accounts 1 CMC sect7402(c) is
10 suspended for the period that this Act is in effect
11 (f) Provided however that during the period of this Act no funds shall be I I
12 reprogrammed from non-personnel accounts to personnel accounts to increase any
13 salaries from its current level
14 Section 702 Judicial Branch
15 (a) There is hereby appropriated the following amounts to fund the personnel
16 and non-personnel expenses as listed below of the Judicial branch
17 FTE PERSONNEL OPERATIONS TOTAL
18 Supreme Court 11 792333 3639 795972
19 Superior Court 45 1714552 160961 1875513
20 Administration 13 295435 217240 512675
21 Law Revision Comm 5 132442 6245 138687
22 TOTAL 74 $2934762 $388085 $3322847
23 Section 703 Legislative Branch
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
1 (a) In accordance with Article II sect16(b) and (c) of the NMI Constitution as
2 amended by Legislative Initiative 10-8 the following amounts are hereby appropriated
3 to fund the personnel retirement contribution and non-personnel expenses as listed
4 below of the Legislative branch
5 FTE PERSONNEL OPERATIONS TOTAL
6 House Members Salary 20 954597 954597
7 House Members Allocation 100 1700000 1700000
8 House Leadership Allocation 138000 138000
9 Senate 9 431141 431141
10 Senate Members Allocation 45 765000 765000
11 Senate Leadership Allocation 138000 138000
12 Legislative Bureau 28 1274764 167000 1441764
13 CNMI Youth Congress 1 21167 20000 41167
14 TOTAL 203 $2681669 $2928000 $5609669
15 (b) Salaries of Legislative Members
16 (1) The amount appropriated under this section to the House of
17 Representatives under personnel shall be used to fund the salaries and
18 benefits of the members of the House of Representatives The expenditure
19 authority for the amounts appropriated shall be the Secretary of Finance
20 (2) The amount appropriated under this section to the Senate under
21 personnel shall be used to fund the salaries and benefits of the members of the
22 Senate The expenditure authority for the amounts appropriated shall be the
23 Secretary of Finance
24 (c) House Members Office Accounts and Employees
1
2
3
4
5
6
7
8
9
10
11
12
13
14
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16
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
(1) The Department of Finance shall establish and assign a number to a
new business unit account entitled House Members Office Accounts for the
appropriation for House Members Allocation Another new business unit
account entitled Senate Members Office Accounts for the appropriation for
Senate Members Allocation Under each of these said accounts an equal
amount of the appropriation shall be allocated to subaccount further established
thereunder for each member of the respective house for the operations of the
members office as permitted under section 16 of article II of the CNMI
Constitution applicable laws and the rules of the legislative body to which the
member was elected
(2) Notwithstanding 1 CMC sect7401(c) to the contrary each member
shall be the expenditure authority of the funds allocated to their individual sub-
account
(3) Funds allocated for the operation of the members office including
but not limited to the personnel costs of the members employees and
expenditures as authorized by the adopted rules of the Senate in the case of the
Senate member or the adopted rules ofthe House of Representatives in the case
of a House member such as a monthly stipend to defray travel and incidental
expenses for the purpose of attending to legislative business outside the
members senatorial district
(4) Allocation ofFTEs among House members shall be governed by the
rules of the House
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
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21
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
(5) Allocation of FTEs among Senate members shall be governed by
the rules of the Senate
(d) Senate and House Leadership Accounts
(1) The Department of Finance shall establish and assign a number to
two new business unit accounts one entitled House Leadership Account for
the appropriation in the amount of $138000 under All Others and another
new business unit account entitled Senate Leadership Account for the
appropriation in the amount of $138000 under All Others
(2) The presiding officer of each respective house or his lawfully
authorized designee shall be the expenditure authority and shall use such funds
to support the operations and activities of the House of Representatives and
Senate in accordance with its rules provided that the presiding officer
distributes a portion of the total appropriation in equal amounts to all the
standing committees for their operations and activities
(e) Legislative Bureau The expenditure authority of the funds appropriated for
the Legislative Bureau shall be the Director of the Legislative Bureau or his or her
lawfully authorized designee
(f) Northern Marianas Youth Congress The expenditure authority is vested in
the Director of the Legislative Bureau with the consultation of the Speaker of the
Northern Mariana Islands Youth Congress
Section 704 Executive Branch
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SS1
1 There are hereby appropriated the following amounts to fund the personnel and
2 non-personnel expenses of the offices programs and activities of the Executive Branch
3 as listed below
4 FTE PERSONNEL OPERATIONS TOTAL
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
21
22
23
24
25
26
27
28
29 30 i31
Office ofGov
Attorney General
Commerce
Comm amp Cult Affairs
Corrections
Finance
Labor
Lands amp Natural Res
Public Health
Public Safety
Public Works
Total
140
42
32
88
96
163
44
98
485
258
129
1575 $45120729 $14184384 $59305113
Section 705 First Senatorial District Rota
(a) There is hereby appropriated the following amounts to fund the personnel
and non-personnel expenses as listed below of the First Senatorial District
Mayor
Municipal Coun
Commerce (econ Dev)
CampCA
Police (DPS)
Fire
Finance amp Actg
Revenue amp Tax
Customs
Procurement amp Supply
Labor
FTE PERSONNEL OPERATIONS
99
11
8
10
34
12
3
3
6
2
7
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
1 Agriculture 20
2 Historic Preservation 4
3 Lands Regisamp Survey 6
4 Fish amp Wildlife 5
5 Parks amp Recreation 4
6 Soil amp Water Consv
7 Rota Health Center 51
8 Dental Services 4
9 DPH Med Referral 5
10 Environmental Health 2
11 Public Works 23
12 Total 320 $5677593 $576487 $6256080
13 (b) The Rota Legislative Delegation shall determine by Local Delegation
14 Resolution the allocation of the funds appropriated for the First Senatorial District
15 (c) Except as provided in this section the Mayor ofRota shall have authority to
16 expend obligate encumber or otherwise commit the funds appropriated to the First
17 Senatorial District Notwithstanding any law to the contrary the Mayor of Rota shall
18 have 100 reprogramming authority of the funds appropriated in this Act
19 Appropriations to the Municipal Council shall be divided and distributed equally to
20 each member of the Municipal Council Each Municipal Council member shall be the
21 expenditure authority of funds distributed to himher Additionally in accord with the
22 Superior Courts decision in the case of Inos v Tenorio the Mayors shall also have
23 expenditure authority over resident government departments in the First and Second
24 senatorial districts respectively unless the Governor revokes expenditure authority in a
25 manner consistent with the Superior Courts holding in Inos v Tenorio to wit
26 expenditure authority over resident departments that are primarily concerned with the
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
delivery of public services can be revoked only on a prior showing of just cause but
the Governor has discretion to revoke expenditure authority over those departments
that are primarily concerned with enforcing the law
(c) Rota Health Center Three hundred forty thousand ($34000000) from the
First Senatorial Districts budget appropriation is hereby allocated to pay for
professional services for nurses technicians and other medical and auxiliary
professionals as needed including one mental health counselor in the amount of Thirty
Three Thousand Dollars ($3300000)
(d) DPS Cadets One hundred seven thousand seven hundred eighty
($10778000) from the First Senatorial Districts budget appropriation is hereby
allocated for five (5) Full Time Equivalents (FTEs) for the Rota Department of Public
Safety of the total 329 FTEs to fully fund the five (5) 2010 DPS Academy graduates
from the First District who shall be placed as FTEs within the Rota Department of
Public Safety Any shortfall for overtime retirement or benefits shall be borne by the
municipality
(e) Dentist Seventy-seven thousand two hundred dollars ($77200) from the
First Senatorial Districts budget appropriation is hereby allocated for one (1) Full
Time Equivalent (FTE) to hire a dentist
Section 706 Second Senatorial District - Tinian amp Aguiguan
(a) There is hereby appropriated the following amounts to fund the personnel
and non-personnel expenses of the Second Senatorial District as listed below
FTE PERSONNEL OPERATIONS TOTAL
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SS1
Mayor 112
Municipal Council 3
Commerce (econo dev) 4
Historic Preservation 2
CampCA 3
Customs 3
Finance amp Acctg 2
Procurement amp Supply 2
Revenue amp Tax
Labor 8
Agriculture 15
Fish amp Wildlife 2
Parks amp Recreation 5
Environmental Health 4
Dental Services 3
Tinian Health Center 49
Police (DPS) 45
Public Works ~
Total 268 $5179361 $1076719
20 (b) The Tinian and Aguiguan Legislative Delegation shall determine by Local
21 Delegation Resolution the allocation of the funds appropriated for the Second
22 Senatorial District
23 (c) The Mayor and the Chairperson of the Municipal Council shall have the
24 expenditure authority for appropriations for their respective offices except as provided
25 below Notwithstanding any law to the contrary the Mayor of Tinian amp Aguiguan shall
26 have 100 reprogramming authority of the funds appropriated in this Act Each
27 Municipal Council member shall allocate and provide for the expenditure of the funds
28 appropriated to the Council in accordance with the Official Rules of the Council
29 Additionally in accord with the Superior Courts decision in the case of Inos v
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 lID1 SS1
Tenorio the Mayors shall also have expenditure authority over resident government
2 departments in the First and Second senatorial districts respectively unless the
3 Governor revokes expenditure authority in a manner consistent with the Superior
4 Courts holding in Inos v Tenorio to wit expenditure authority over resident
5 departments that are primarily concerned with the delivery of public services can be
6 revoked only on a prior showing of just cause but the Governor has discretion to
7 revoke expenditure authority over those departments that are primarily concerned with
8 enforcing the law
9 (d) Tinian Health Center Four hundred twenty seven thousand seven hundred
10 twenty seven and eighty one ($42772781) from the Second Senatorial Districts
11 budget appropriation is hereby allocated to pay for the direct hiring of nurses ancillary
12 staff and other needed administrative adjustments on personnel matters
13 (e) Tinian Municipal Council One hundred twenty three thousand four
14 hundred three ($123403) All Others appropriation of the Municipal Council is
15 hereby allocated as follows (1) $15000 for office rental and administrative purposes
16 and (2) $108403 for community projects and other functions ofwhich $75000 shall be
17 allocated to the chairman and the remaining balance shall be divided equally among the
18 other two members who shall be the expenditure authority of such funds
19 (f) Tinian Commerce Thirty eight thousand one hundred forty one ($38141)
20 is hereby allocated under AU Others for operations and office supplies
Section707 Third Senatorial District - Mayor ofSaipan Mayor of the Northern
Islands and Saipan and Northern Islands Municipal Council
PUBLIC LAW NO 17-21 HOUSE BILL l7~l23 HDl SSl
1 (a) There is hereby appropriated the following amounts to fund the personnel
2 and non-personnel expenses of the municipal governments of Saipan and the Northern
3 Islands as listed below
4 FTE PERSONNEL OPERATIONS TOTAL
5 Saipan Mayor 48 $875509 $248240 $1123257 6 NI Mayor 11 $192849 $86716 $279565
7 Saipan Mun Council 1 $34076 $27447 $61523
8 Total 60 $1102434 $362411 $1464845
9 (b) The Mayor of Saipan the Mayor of the Northern Islands and the
10 Chairperson of the Municipal Council for Saipan and the Northern Islands shall be the
11 expenditure authority for appropriations for their respective offices Notwithstanding
12 any law to the contrary the Mayors of Saipan and the Northern Islands respectively
13 shall have 100 reprogramming authority of the funds appropriated in this Act
14 Section 708 Autonomous Agencies
15 (a) There is hereby appropriated the following amounts to fund the following
16 autonomous agencies as listed below
17 FTE PERSONNEL OPERATIONS TOTAL
18 NMC 160 $4099229 $364235 $4464464
MVA 36 $832531 $1780496 $2611027
ajlst amp and SeRaterl Dist $369999 $36886611gtfif~tll~fu0 PSS ll13 $28521990 $2617529 $31140519f-AP( 21
22 BOE 2 $1372685 $26643 ~164~28
23 Total 1312 $33591435 $5148903 $38740338
24 (b) Northern Marianas College
25 (1) The president of the Northern Marianas College shall be the
26 expenditure authority of the appropriated funds
i
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
pfiuv~I tys
I I
20
21
(c) Marianas Visitors Authority
(1) The chairman of the Board of Directors of the Marianas Visitors
Authority shall be the expenditure authority ofthe appropriated funds
(2) Tlnee hundted sixty thousand ($360000) of the All OthelS
appropriation ofth Malianas Visitors Burau sball allocatd as follows
(i) One httndred 1vveftty thousRJJd ($120000) to susidiZle the
eftartef flights from Japan to Rota under the eKpndinY=e authority of the
Cbairman oftbe Marianas Visitors AQtborityen
(ii) One bll1dred Pyenellty tbollSaad ($120000) to promote and
market Tinian as a tourist destinatioR under the expenditure ffitthority of
the Chairman of the Mwianas Visitors Authoriry ctnd
(iii) 000 hundred tlJlnty thousand ($120000) to pay the
outstandiag KllT aGGount for completed Gbafter flights from Japan to
RotH under the expenditUfe authority of the Chairman of the Marianas
Visitor s 1AzYtbor~[
(d) Public School System
(1) The expenditure authority shall be the Commissioner of Education
or hislher designee
(2) No part of funds appropriated to BU 1607 the Public School
System shall be used to pay for any expense including but not limited to travel
or reimbursement of the Board of Education its board members and staff
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SS1
1 (e) Board of Education The chairperson of the Board of Education shall be the
2 expenditure authority of the appropriated funds
3 Section 709 Boards and Commissions
4 (a) There is hereby appropriated the following amounts to fund the following
5 boards and commissions as listed below
FTE PERSONNEL OPERATIONS
BPL
Civil Servo Comm
Election Comm
Total
3
4
1 14
$88732
$164803
$1762806
$430341
$13264
$2183
$932819
$109266
11 Section 710 Independent Programs
12 There is hereby appropriated the following amounts to fund the following
13 independent programs and activities as listed below
14 FTE PERSONNEL OPERATIONS TOTAL
15 Ayuda Network 18417 18417
16 Commonwealth Museum 4 96395 40140 136535
17 Domestic Violence 36834 36834
18 Humanities Council 4604 4604
19 JoetenlKiyu Public Library 7 128933 39674 168607
20 Marianas Bound - Karidat 54147 54147
21 Micronesian Legal Legal Services - 18417 18417
22 Nat Govs Assoc 40518 40518
23 Public Assis Program 17577 17577
24 Govt Utilities 7539509 7539509
25 Judgment 76258 76258
26 La Fiesta Lease 200000 200000
27 Aetna R-Off amp Ret -- 1463483 0 1463483
28 Total 11 1688811 8492643 10181454
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
(a) Joeten-Kiyu Public Library The expenditure authority shall be the
chairperson of the Commonwealth Library Council
(b) Public Assistance - Matching Funds The expenditure authority shall be
the Governor or his designee
(c) Judgments against the Government The expenditure authority shall be the
Secretary of Finance in consultation with the Attorney General
(d) Commonwealth Museum The chairperson of the Board of Governors of
the Commonwealth Museum or hislher designee shall be the expenditure authority
(e) Ayuda Network The expenditure authority shall be the chairperson of the
board of directors
(f) KARlDAT The executive director of Marianas Bound (KARlDAT) shall
be the expenditure authority
(g) Micronesian Legal Services The executive director of the Micronesian
Legal Services Corporation shall be the expenditure authority
(h) For programs and activities not specifically mentioned the expenditure
authority shall be the Secretary of Finance
Section 711 Other Programs
(a) There is hereby appropriated the following amounts to the following other
programs as listed below
FTE PERSONNEL OPERATIONS TOTAL
22
23
NMIOICC
Ret Pension GovLtGov
Ret PL5-3 (COLA)
1 $27476
$147506
o o
413276
$27476
$147506
$413276
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
1 Workers Comp Comm ~ $121061 129648 $250709
2 Total 6 $297751 $541216 $838967
3 Section 712 Department of Public Lands
4 (a) Pursuant to Section 103 of Public Law 15-2 $2820886 is appropriated to
5 the Department of Public Lands as follows
6 Personnel $1765104
7 Operations $1055782
8 Total $2820886
9 FTE Ceiling 65
10 No funds received or collected by or remitted to the Department of Public Lands
11 pursuant to Public Law 15-2 that are in excess of the amount appropriated in this
12 section may be reprogrammed or expended absent legislative appropriation or in
13 violation of the Constitution
14 Section 713 Reporting Requirements The expenditure authorities of the
15 foregoing activities listed in Chapter VII shall submit to the presiding officers of the
16 legislature at the end of each quarter an itemized report on the expenditures for
17 personnel and operations of each government entity and the payments of the public
18 auditors fee for the quarter ended and if applicable year-to-date totals as of the close
19 of the reporting period
20 Section 714 Compact Impact Funds
middot21 Compact Impact funds shall be used III accordance with the terms and
22 conditions set forth in the Grant Agreement and shall be used to defray qualified
23 expenses for the following activities
24 (a) Office of Public Defender $ 37151
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HDt SSI
1 (b) Dept of Community amp Cultural Affairs
2 (c) Dept of Corrections
3 (d) Dept of Public Health
4 (e) Department of Public Safety
5 Total
6 Section 715 Outside Sources
$ 44616
$ 154698
$ 536744
$ 1157234
$1930443
7 (a) Notwithstanding any law to the contrary the Governor is authorized to
8 transfer qualified operational expenses to available and unencumbered outside general
9 fund accounts not to exceed $3500000 which are hereby appropriated to pay for such
10 expenses
11 CHAPTER VIII GENERAL PROVISIONS
12 Section 801 Severability If any provision of this Act or its application to any
13 person or circumstance is held invalid the invalidity does not affect other provisions
14 or applications of the Act which can be given effect without the invalid provision or
middot15 applications and to this end the provisions ofthis Act are severable
16 Section 802 Savings Clause This Act and any repealer contained herein shall
middot17 not be construed as affecting any existing right acquired under contract or acquired
18 under statutes repealed or under any rule regulation or order adopted under the statutes
middot19 Repealers contained in this Act shall not affect any proceeding instituted under or
ao pursuant to prior law The enactment of this Act shall not have the effect of terminating
21 or in any way modifying any liability civil or criminal which shall already be in
22 existence at the date this Act becomes effective
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HDl SSI
1 Section 803 Effective Date This Act shall become law upon its approval by the
2 Governor or it becoming law without such approvaL
House Clerk
Certiiedby ~~f OILAN C ORiOSPEAKER
this
Governor
2010
Commonwealth ofthe Northern Mariana Islands
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSt
1 ( e) Department of Public Lands $2820866
2 Grand Total
3 Notwithstanding 1 CMC 7204 funds appropriated for FY2011 shall be
4 allotted monthly
5 Section 202 Suspension of Earmarked Funds Except for debt service
6 obligations and other earmarking of funds as permitted in Section 201 of this
7 Chapter the earmarking reservation commitment allotment or allocation of
8 funds pursuant to the following public laws are hereby suspended for Fiscal Year
9 2011
10 (a) Public Laws 15-5 and 14-54 (Non-resident Worker Fund Fees
11 to NMC and PSS and 10 of Gaming Jackpot Tax to PSS) and
12 (b) 4 CMC sect 1508(a) and (b) (10 of General Fund poker fees to
13 the Human Resources Development Fund [WIA] and 50 to the
14 Retirement Fund)
15 CHAPTER III
16 GOVERNMENT CORPORATIONS AND DESIGNATED
17 AGENCIESACTIVITIES
18 Section 301 Appropriation and Budget Authority Pursuant to 1 CMC sect
19 7206 and as provided herein budget and expenditure authority for the following
20 activities is hereby approved Expenditures in excess of the budget authority
21 approved herein for agencies to which public funds are appropriated shall not be
22 incurred or committed and hiring in excess of FTE ceilings is prohibited unless
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HDl SSI
1 authorized by a legislative joint resolution in accordance with Section 7 Article X
2 of the NMI Constitution
3 ACTIVITIES FTE OPERATIONS TOTAL
4 (a) Commonwealth Development Authority 27 758386 452691 1211077
5 (b) Commonwealth Ports Authority no submittal
6 (c) CNMI Govt Health amp Life Ins --------------------Privatized ------------------shy
7 (d) Commonwealth Utilities Corporation no submittal
8 (e) NM Housing Corporation 24 1110989 1113108 2224097
9 (f) NMI Ret Fund 27 1353669 76659330 78012999
10 (g) Office ofthe Public Auditor 30 1818525 755700 2574225
11 (h) Public Utilities Commission 55553 137550 193103
12 Grand Total 109 $520972122 $7921182379 8422152501
13 Notwithstanding the above dollar amounts the entities above shall expend only
14 the lesser of funds actually generated collected or received or the amounts
15 indicated above
16 Section 302 Prior Certification of Funds
17 No person shall be employed or enter into contractual relationship with the
18 Commonwealth or any government entity therein without first receiving from the
19 Secretary of the Department of Finance certification that lawful and sufficient
20 funds for the purpose are available For purposes of this section professional
21 services shall include but not be limited to services provided by engineers
22 accountants physicians lawyers and other similar professionals
23 Section 303 Reporting Requirement The expenditure authorities of the
24 foregoing activities listed in Section 301 shall submit to the presiding officers of
25 the legislature at the end of each quarter an itemized report on the expenditures
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3
4
5
6
7
8
9
10
11
12
13
14
15
16
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18
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20
PUBLIC LAW NO 17-21
HOUSE BILL t7~t23 HDt SSt
for personnel and operations of each government entity and the payments of the
public auditors fee for the quarter ended and if applicable year~to-date totals as
of the close of the reporting period
CHAPTERIV ADMINISTRATION OF APPROPRIATED FUNDS
Section 401 Management of Funds
The expenditure of the funds appropriated and allocated under this Act
shall be regulated and controlled by the Secretary of Finance so that no agency
department instrumentality program or activity may expend the funds contrary
to the law or fiscal management policies and practices of the Commonwealth
Provided further that in addition to the report required under 1 CMC sect7209 the
Secretary ofFinance shall submit at the end of each quarter an itemized report on
the expenditures for personnel and operations of each business unit funded in
whole or in part by the General Fund for the quarter ended and if applicable
year-to-date totals as of the close of the reporting period
Section 402 Notwithstanding 1 CMC sect 7204 without prior legislative
approval consultation and concurrence no funds appropriated in this Act shall be
reduced or reprogrammed by the Governor except as provided herein
Section 403 FTE Ceiling
(a) Employment Ceilings Pursuant to Article X sect 7 of the
Commonwealth Constitution the employment ceilings are hereby established as
21 set forth herein
Section 404 Expenditure Authority 22
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SS1
(a) The distribution and expenditure of funds shall be in compliance with
the fiscal expenditure authority the listed agencies have pursuant to statute and the
administrative provisions of this Act as set forth herein
(b) Except as provided in this Act the funds appropriated pursuant to this
Act shall be expended by the respective expenditure authority pursuant to 1 CMC
sectsect 7401 and 7503
(c) For the Ground Water Management and Protection Act Fund
expenditure authority is vested in the Director of the Division of Environmental
Quality
(d) For all government agencies receiving appropriated funds for
personnel or staff housing administrative and expenditure authority over housing
and accompanying funds including but not limited to approval of lease
agreements is vested in the appropriate agency officials designated by law as
having expenditure authority
(e) For the Domestic Violence Task Force expenditure authority is vested
in the Family Violence Task Force chairperson with concurrence of the Family
Violence Task Force coordinator
(f) For Crime Stoppers International the chairperson of the board of the
directors shall be the expenditure authority
(g) For Independent Programs unless otherwise provided in this Act or in
any other provision of law expenditure authority shall be vested in the Secretary
ofFinance
23 CHAPTER V REPROGRAMMING AUTHORITY
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 lID1 SSI
Section 501 Reprogramming Authority
2 (a) Unless otherwise specified in this act authority to reprogram
3 appropriated funds shall be as provided under I CMC sectsect 7402 and 7504
4 (b) Provided however 1 CMC sectsect 7402 (b) is hereby suspended for the
5 period of this Act Governor shall have 100 reprogramming authority on funds
6 appropriated under Section 704 of this Act
7 (c) Notwithstanding any law to the contrary the Governors authority to
8 reprogram funds under this section shall include the authority to reprogram funds
9 available to all public corporations agencies and entities of the Commonwealth
10 Government upon approval by joint approval ofthe legislature provided that such
11 funds are not restricted from reprogramming by federal law federal grant
12 conditions Commonwealth constitutional prohibitions and deposit and other
13 security restrictions related to bond covenants and the financing of public
14 projects
15 CHAPTER VI SUPPLEMENTAL ADMINISTRATIVE PROVISIONS
16 Section 601 Utilities The amount of $7539509 included in the
17 Independent Programs shall be appropriated for the payment of utilities for the
18 branches departments and agencies of the Commonwealth government except
19 the business units listed in Section 103(b)(7) and the Public School System and
20 the Northern Marianas College
-21 Section 602 Hiring Restriction
22 (a) As long as work hours and wages are reduced no vacancies shall be
23 filled except for critical and emergency positions provided that until a law is
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
passed defining critical and emergency positions said critical and emergency
2 positions must be approved by joint approval of the legislature
3 (b) In order to reduce the size of the Government except for the Public
4 School System the Northern Marianas College and health care professionals of
5 the Department of Public Health and Environmental Services any FTE (full-time
6 equivalent) that becomes vacant shall be eliminated The renewal of the contract
7 for an existing employee shall not be considered creating a vacant position If a
8 new position or vacant position is necessary to be filled to protect the health
9 safety and welfare of the public the expenditure authority may request the
10 Legislature to establish a new FTE by joint resolution The appropriations set
11 forth in Section 704 are contingent on this section remaining in this Appropriation
12 Act
13 Section 603 Litigation Expenditures Restricted
14 Except for the governor the attorney general the chief justice of the
15 Commonwealth supreme court presiding officers of the legislature mayors and
16 municipal councils and notwithstanding any law to the contrary no agency
17 expenditure authority may use any part of their appropriations in connection with
18 prosecuting a legal matter against another agency unless authorized by the chief
19 justice in the case of agencies within the judicial branch the governor in the case
20 of agencies within the executive branch and the presiding officers in the case of
21 agencies within the legislative branch and mayors in the case of agencies under
22 their authority The terms agency and agencies as used in this section shall be
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HDl SSI
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1 liberally construed to include all instrumentalities and subdivisions of the
2 Commonwealth Government
Section 604 Public Auditors Fee
The Public Auditors Fee is 1 (one percent) of the total appropriations
for each instrumentality department agency corporation and budget activity of
the CNMI Government Notwithstanding any other provision of law any lapsed
funds from the Office of Public Auditor shall be applied to CNMI deficit
reduction only Agencies that are not funded by the general fund listed in section
301 (a)-(h) shall remit their respective fee on a monthly basis to the Department
ofFinance
Section 605 Legal Holidays
(a) The following laws and regulations providing for payment of legal
holidays are repealed during fiscal year 2011
1 CMC sect312 and sect313
Title 10 NMIAC sect10-lO-135G) (Excepted Service)
Title 10 NMIAC sectlO-202-346 (Civil Service Executive Branch)
Title lO NMIAC sect lO-30-344 (Civil Service Judicial Branch)
Title 40 NMIAC sect40-40-425 (Commonwealth Ports Authority)
Title 60 NMIAC sect60-301-444 (Public School System)
Title 100 NMIAC sect 100-50-430 (Northern Marianas Housing
Corporation)
Title 120 NMIAC sect120-lO-230 (Excepted Service) and
Title 130 NMIAC 130-20-330 (Office of the Public Auditor)
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HDl SSI
1 (b) Any employee required to work on a legal holiday shall be paid hislher
2 regular salary
3 (c) From the legal holidays listed in 1 CMC sect311 the Governor may
4 select one or more legal holidays for fiscal year 2011 for which employees shall
5 receive leave with pay
6 (d) Although leave with pay is not required for legal holidays during
7 Fiscal Year 2011 expenditure authorities may grant leave with pay for their
8 employees if they have available funds in their personnel account
9 CHAPTER VII APPROPRIATIONS
10 Section 701 In General
11 (a) Funds designated in Chapter II as available for appropriation for FY 2011
12 are hereby appropriated pursuant to this Chapter
13 (b) A business units FTE ceiling shall be established in this Chapter No
14 business unit shall exceed its FTE ceiling unless authorized by this Act or joint
15 resolution of the legislature
16 (c) Reduction in the Level of Appropriations In order to provide expenditure
17 authorities with flexibility in determining the allocation of funding for their operations
18 expenditure authorities must reduce their expenditures to achieve the level of
19 appropriation under this Act
20 Expenditure authorities may reduce previous levels ofexpenditure by
21 (1) A reduction in work hours
22 (2) A reduction in wages
23 (3) Furlough
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
1 (4) A reduction in force
2 (5) A reduction in expenditures for all others or
3 (6) A combination of reductions under subsections (1) through (5)
4 (d) The reduction in work hours shall not exceed 16 hours per bi-weekly pay
5 period If sufficient additional resources are not identified during the first quarter of
6 FY 2011 to allow an increase in work hours the reduction in work hours may be
7 continued
8 (e) Suspension of Restrictions on Reprogramming To provide for the
9 reprogramming between personnel and non-personnel accounts 1 CMC sect7402(c) is
10 suspended for the period that this Act is in effect
11 (f) Provided however that during the period of this Act no funds shall be I I
12 reprogrammed from non-personnel accounts to personnel accounts to increase any
13 salaries from its current level
14 Section 702 Judicial Branch
15 (a) There is hereby appropriated the following amounts to fund the personnel
16 and non-personnel expenses as listed below of the Judicial branch
17 FTE PERSONNEL OPERATIONS TOTAL
18 Supreme Court 11 792333 3639 795972
19 Superior Court 45 1714552 160961 1875513
20 Administration 13 295435 217240 512675
21 Law Revision Comm 5 132442 6245 138687
22 TOTAL 74 $2934762 $388085 $3322847
23 Section 703 Legislative Branch
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
1 (a) In accordance with Article II sect16(b) and (c) of the NMI Constitution as
2 amended by Legislative Initiative 10-8 the following amounts are hereby appropriated
3 to fund the personnel retirement contribution and non-personnel expenses as listed
4 below of the Legislative branch
5 FTE PERSONNEL OPERATIONS TOTAL
6 House Members Salary 20 954597 954597
7 House Members Allocation 100 1700000 1700000
8 House Leadership Allocation 138000 138000
9 Senate 9 431141 431141
10 Senate Members Allocation 45 765000 765000
11 Senate Leadership Allocation 138000 138000
12 Legislative Bureau 28 1274764 167000 1441764
13 CNMI Youth Congress 1 21167 20000 41167
14 TOTAL 203 $2681669 $2928000 $5609669
15 (b) Salaries of Legislative Members
16 (1) The amount appropriated under this section to the House of
17 Representatives under personnel shall be used to fund the salaries and
18 benefits of the members of the House of Representatives The expenditure
19 authority for the amounts appropriated shall be the Secretary of Finance
20 (2) The amount appropriated under this section to the Senate under
21 personnel shall be used to fund the salaries and benefits of the members of the
22 Senate The expenditure authority for the amounts appropriated shall be the
23 Secretary of Finance
24 (c) House Members Office Accounts and Employees
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
(1) The Department of Finance shall establish and assign a number to a
new business unit account entitled House Members Office Accounts for the
appropriation for House Members Allocation Another new business unit
account entitled Senate Members Office Accounts for the appropriation for
Senate Members Allocation Under each of these said accounts an equal
amount of the appropriation shall be allocated to subaccount further established
thereunder for each member of the respective house for the operations of the
members office as permitted under section 16 of article II of the CNMI
Constitution applicable laws and the rules of the legislative body to which the
member was elected
(2) Notwithstanding 1 CMC sect7401(c) to the contrary each member
shall be the expenditure authority of the funds allocated to their individual sub-
account
(3) Funds allocated for the operation of the members office including
but not limited to the personnel costs of the members employees and
expenditures as authorized by the adopted rules of the Senate in the case of the
Senate member or the adopted rules ofthe House of Representatives in the case
of a House member such as a monthly stipend to defray travel and incidental
expenses for the purpose of attending to legislative business outside the
members senatorial district
(4) Allocation ofFTEs among House members shall be governed by the
rules of the House
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
(5) Allocation of FTEs among Senate members shall be governed by
the rules of the Senate
(d) Senate and House Leadership Accounts
(1) The Department of Finance shall establish and assign a number to
two new business unit accounts one entitled House Leadership Account for
the appropriation in the amount of $138000 under All Others and another
new business unit account entitled Senate Leadership Account for the
appropriation in the amount of $138000 under All Others
(2) The presiding officer of each respective house or his lawfully
authorized designee shall be the expenditure authority and shall use such funds
to support the operations and activities of the House of Representatives and
Senate in accordance with its rules provided that the presiding officer
distributes a portion of the total appropriation in equal amounts to all the
standing committees for their operations and activities
(e) Legislative Bureau The expenditure authority of the funds appropriated for
the Legislative Bureau shall be the Director of the Legislative Bureau or his or her
lawfully authorized designee
(f) Northern Marianas Youth Congress The expenditure authority is vested in
the Director of the Legislative Bureau with the consultation of the Speaker of the
Northern Mariana Islands Youth Congress
Section 704 Executive Branch
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SS1
1 There are hereby appropriated the following amounts to fund the personnel and
2 non-personnel expenses of the offices programs and activities of the Executive Branch
3 as listed below
4 FTE PERSONNEL OPERATIONS TOTAL
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
21
22
23
24
25
26
27
28
29 30 i31
Office ofGov
Attorney General
Commerce
Comm amp Cult Affairs
Corrections
Finance
Labor
Lands amp Natural Res
Public Health
Public Safety
Public Works
Total
140
42
32
88
96
163
44
98
485
258
129
1575 $45120729 $14184384 $59305113
Section 705 First Senatorial District Rota
(a) There is hereby appropriated the following amounts to fund the personnel
and non-personnel expenses as listed below of the First Senatorial District
Mayor
Municipal Coun
Commerce (econ Dev)
CampCA
Police (DPS)
Fire
Finance amp Actg
Revenue amp Tax
Customs
Procurement amp Supply
Labor
FTE PERSONNEL OPERATIONS
99
11
8
10
34
12
3
3
6
2
7
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
1 Agriculture 20
2 Historic Preservation 4
3 Lands Regisamp Survey 6
4 Fish amp Wildlife 5
5 Parks amp Recreation 4
6 Soil amp Water Consv
7 Rota Health Center 51
8 Dental Services 4
9 DPH Med Referral 5
10 Environmental Health 2
11 Public Works 23
12 Total 320 $5677593 $576487 $6256080
13 (b) The Rota Legislative Delegation shall determine by Local Delegation
14 Resolution the allocation of the funds appropriated for the First Senatorial District
15 (c) Except as provided in this section the Mayor ofRota shall have authority to
16 expend obligate encumber or otherwise commit the funds appropriated to the First
17 Senatorial District Notwithstanding any law to the contrary the Mayor of Rota shall
18 have 100 reprogramming authority of the funds appropriated in this Act
19 Appropriations to the Municipal Council shall be divided and distributed equally to
20 each member of the Municipal Council Each Municipal Council member shall be the
21 expenditure authority of funds distributed to himher Additionally in accord with the
22 Superior Courts decision in the case of Inos v Tenorio the Mayors shall also have
23 expenditure authority over resident government departments in the First and Second
24 senatorial districts respectively unless the Governor revokes expenditure authority in a
25 manner consistent with the Superior Courts holding in Inos v Tenorio to wit
26 expenditure authority over resident departments that are primarily concerned with the
1
2
3
4
5
6
7
8
9
10
11
12
13
14
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16
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22
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
delivery of public services can be revoked only on a prior showing of just cause but
the Governor has discretion to revoke expenditure authority over those departments
that are primarily concerned with enforcing the law
(c) Rota Health Center Three hundred forty thousand ($34000000) from the
First Senatorial Districts budget appropriation is hereby allocated to pay for
professional services for nurses technicians and other medical and auxiliary
professionals as needed including one mental health counselor in the amount of Thirty
Three Thousand Dollars ($3300000)
(d) DPS Cadets One hundred seven thousand seven hundred eighty
($10778000) from the First Senatorial Districts budget appropriation is hereby
allocated for five (5) Full Time Equivalents (FTEs) for the Rota Department of Public
Safety of the total 329 FTEs to fully fund the five (5) 2010 DPS Academy graduates
from the First District who shall be placed as FTEs within the Rota Department of
Public Safety Any shortfall for overtime retirement or benefits shall be borne by the
municipality
(e) Dentist Seventy-seven thousand two hundred dollars ($77200) from the
First Senatorial Districts budget appropriation is hereby allocated for one (1) Full
Time Equivalent (FTE) to hire a dentist
Section 706 Second Senatorial District - Tinian amp Aguiguan
(a) There is hereby appropriated the following amounts to fund the personnel
and non-personnel expenses of the Second Senatorial District as listed below
FTE PERSONNEL OPERATIONS TOTAL
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SS1
Mayor 112
Municipal Council 3
Commerce (econo dev) 4
Historic Preservation 2
CampCA 3
Customs 3
Finance amp Acctg 2
Procurement amp Supply 2
Revenue amp Tax
Labor 8
Agriculture 15
Fish amp Wildlife 2
Parks amp Recreation 5
Environmental Health 4
Dental Services 3
Tinian Health Center 49
Police (DPS) 45
Public Works ~
Total 268 $5179361 $1076719
20 (b) The Tinian and Aguiguan Legislative Delegation shall determine by Local
21 Delegation Resolution the allocation of the funds appropriated for the Second
22 Senatorial District
23 (c) The Mayor and the Chairperson of the Municipal Council shall have the
24 expenditure authority for appropriations for their respective offices except as provided
25 below Notwithstanding any law to the contrary the Mayor of Tinian amp Aguiguan shall
26 have 100 reprogramming authority of the funds appropriated in this Act Each
27 Municipal Council member shall allocate and provide for the expenditure of the funds
28 appropriated to the Council in accordance with the Official Rules of the Council
29 Additionally in accord with the Superior Courts decision in the case of Inos v
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 lID1 SS1
Tenorio the Mayors shall also have expenditure authority over resident government
2 departments in the First and Second senatorial districts respectively unless the
3 Governor revokes expenditure authority in a manner consistent with the Superior
4 Courts holding in Inos v Tenorio to wit expenditure authority over resident
5 departments that are primarily concerned with the delivery of public services can be
6 revoked only on a prior showing of just cause but the Governor has discretion to
7 revoke expenditure authority over those departments that are primarily concerned with
8 enforcing the law
9 (d) Tinian Health Center Four hundred twenty seven thousand seven hundred
10 twenty seven and eighty one ($42772781) from the Second Senatorial Districts
11 budget appropriation is hereby allocated to pay for the direct hiring of nurses ancillary
12 staff and other needed administrative adjustments on personnel matters
13 (e) Tinian Municipal Council One hundred twenty three thousand four
14 hundred three ($123403) All Others appropriation of the Municipal Council is
15 hereby allocated as follows (1) $15000 for office rental and administrative purposes
16 and (2) $108403 for community projects and other functions ofwhich $75000 shall be
17 allocated to the chairman and the remaining balance shall be divided equally among the
18 other two members who shall be the expenditure authority of such funds
19 (f) Tinian Commerce Thirty eight thousand one hundred forty one ($38141)
20 is hereby allocated under AU Others for operations and office supplies
Section707 Third Senatorial District - Mayor ofSaipan Mayor of the Northern
Islands and Saipan and Northern Islands Municipal Council
PUBLIC LAW NO 17-21 HOUSE BILL l7~l23 HDl SSl
1 (a) There is hereby appropriated the following amounts to fund the personnel
2 and non-personnel expenses of the municipal governments of Saipan and the Northern
3 Islands as listed below
4 FTE PERSONNEL OPERATIONS TOTAL
5 Saipan Mayor 48 $875509 $248240 $1123257 6 NI Mayor 11 $192849 $86716 $279565
7 Saipan Mun Council 1 $34076 $27447 $61523
8 Total 60 $1102434 $362411 $1464845
9 (b) The Mayor of Saipan the Mayor of the Northern Islands and the
10 Chairperson of the Municipal Council for Saipan and the Northern Islands shall be the
11 expenditure authority for appropriations for their respective offices Notwithstanding
12 any law to the contrary the Mayors of Saipan and the Northern Islands respectively
13 shall have 100 reprogramming authority of the funds appropriated in this Act
14 Section 708 Autonomous Agencies
15 (a) There is hereby appropriated the following amounts to fund the following
16 autonomous agencies as listed below
17 FTE PERSONNEL OPERATIONS TOTAL
18 NMC 160 $4099229 $364235 $4464464
MVA 36 $832531 $1780496 $2611027
ajlst amp and SeRaterl Dist $369999 $36886611gtfif~tll~fu0 PSS ll13 $28521990 $2617529 $31140519f-AP( 21
22 BOE 2 $1372685 $26643 ~164~28
23 Total 1312 $33591435 $5148903 $38740338
24 (b) Northern Marianas College
25 (1) The president of the Northern Marianas College shall be the
26 expenditure authority of the appropriated funds
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2
3
4
5
6
7
8
9
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11
12
13
14
15
16
17
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19
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
pfiuv~I tys
I I
20
21
(c) Marianas Visitors Authority
(1) The chairman of the Board of Directors of the Marianas Visitors
Authority shall be the expenditure authority ofthe appropriated funds
(2) Tlnee hundted sixty thousand ($360000) of the All OthelS
appropriation ofth Malianas Visitors Burau sball allocatd as follows
(i) One httndred 1vveftty thousRJJd ($120000) to susidiZle the
eftartef flights from Japan to Rota under the eKpndinY=e authority of the
Cbairman oftbe Marianas Visitors AQtborityen
(ii) One bll1dred Pyenellty tbollSaad ($120000) to promote and
market Tinian as a tourist destinatioR under the expenditure ffitthority of
the Chairman of the Mwianas Visitors Authoriry ctnd
(iii) 000 hundred tlJlnty thousand ($120000) to pay the
outstandiag KllT aGGount for completed Gbafter flights from Japan to
RotH under the expenditUfe authority of the Chairman of the Marianas
Visitor s 1AzYtbor~[
(d) Public School System
(1) The expenditure authority shall be the Commissioner of Education
or hislher designee
(2) No part of funds appropriated to BU 1607 the Public School
System shall be used to pay for any expense including but not limited to travel
or reimbursement of the Board of Education its board members and staff
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SS1
1 (e) Board of Education The chairperson of the Board of Education shall be the
2 expenditure authority of the appropriated funds
3 Section 709 Boards and Commissions
4 (a) There is hereby appropriated the following amounts to fund the following
5 boards and commissions as listed below
FTE PERSONNEL OPERATIONS
BPL
Civil Servo Comm
Election Comm
Total
3
4
1 14
$88732
$164803
$1762806
$430341
$13264
$2183
$932819
$109266
11 Section 710 Independent Programs
12 There is hereby appropriated the following amounts to fund the following
13 independent programs and activities as listed below
14 FTE PERSONNEL OPERATIONS TOTAL
15 Ayuda Network 18417 18417
16 Commonwealth Museum 4 96395 40140 136535
17 Domestic Violence 36834 36834
18 Humanities Council 4604 4604
19 JoetenlKiyu Public Library 7 128933 39674 168607
20 Marianas Bound - Karidat 54147 54147
21 Micronesian Legal Legal Services - 18417 18417
22 Nat Govs Assoc 40518 40518
23 Public Assis Program 17577 17577
24 Govt Utilities 7539509 7539509
25 Judgment 76258 76258
26 La Fiesta Lease 200000 200000
27 Aetna R-Off amp Ret -- 1463483 0 1463483
28 Total 11 1688811 8492643 10181454
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
(a) Joeten-Kiyu Public Library The expenditure authority shall be the
chairperson of the Commonwealth Library Council
(b) Public Assistance - Matching Funds The expenditure authority shall be
the Governor or his designee
(c) Judgments against the Government The expenditure authority shall be the
Secretary of Finance in consultation with the Attorney General
(d) Commonwealth Museum The chairperson of the Board of Governors of
the Commonwealth Museum or hislher designee shall be the expenditure authority
(e) Ayuda Network The expenditure authority shall be the chairperson of the
board of directors
(f) KARlDAT The executive director of Marianas Bound (KARlDAT) shall
be the expenditure authority
(g) Micronesian Legal Services The executive director of the Micronesian
Legal Services Corporation shall be the expenditure authority
(h) For programs and activities not specifically mentioned the expenditure
authority shall be the Secretary of Finance
Section 711 Other Programs
(a) There is hereby appropriated the following amounts to the following other
programs as listed below
FTE PERSONNEL OPERATIONS TOTAL
22
23
NMIOICC
Ret Pension GovLtGov
Ret PL5-3 (COLA)
1 $27476
$147506
o o
413276
$27476
$147506
$413276
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
1 Workers Comp Comm ~ $121061 129648 $250709
2 Total 6 $297751 $541216 $838967
3 Section 712 Department of Public Lands
4 (a) Pursuant to Section 103 of Public Law 15-2 $2820886 is appropriated to
5 the Department of Public Lands as follows
6 Personnel $1765104
7 Operations $1055782
8 Total $2820886
9 FTE Ceiling 65
10 No funds received or collected by or remitted to the Department of Public Lands
11 pursuant to Public Law 15-2 that are in excess of the amount appropriated in this
12 section may be reprogrammed or expended absent legislative appropriation or in
13 violation of the Constitution
14 Section 713 Reporting Requirements The expenditure authorities of the
15 foregoing activities listed in Chapter VII shall submit to the presiding officers of the
16 legislature at the end of each quarter an itemized report on the expenditures for
17 personnel and operations of each government entity and the payments of the public
18 auditors fee for the quarter ended and if applicable year-to-date totals as of the close
19 of the reporting period
20 Section 714 Compact Impact Funds
middot21 Compact Impact funds shall be used III accordance with the terms and
22 conditions set forth in the Grant Agreement and shall be used to defray qualified
23 expenses for the following activities
24 (a) Office of Public Defender $ 37151
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HDt SSI
1 (b) Dept of Community amp Cultural Affairs
2 (c) Dept of Corrections
3 (d) Dept of Public Health
4 (e) Department of Public Safety
5 Total
6 Section 715 Outside Sources
$ 44616
$ 154698
$ 536744
$ 1157234
$1930443
7 (a) Notwithstanding any law to the contrary the Governor is authorized to
8 transfer qualified operational expenses to available and unencumbered outside general
9 fund accounts not to exceed $3500000 which are hereby appropriated to pay for such
10 expenses
11 CHAPTER VIII GENERAL PROVISIONS
12 Section 801 Severability If any provision of this Act or its application to any
13 person or circumstance is held invalid the invalidity does not affect other provisions
14 or applications of the Act which can be given effect without the invalid provision or
middot15 applications and to this end the provisions ofthis Act are severable
16 Section 802 Savings Clause This Act and any repealer contained herein shall
middot17 not be construed as affecting any existing right acquired under contract or acquired
18 under statutes repealed or under any rule regulation or order adopted under the statutes
middot19 Repealers contained in this Act shall not affect any proceeding instituted under or
ao pursuant to prior law The enactment of this Act shall not have the effect of terminating
21 or in any way modifying any liability civil or criminal which shall already be in
22 existence at the date this Act becomes effective
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HDl SSI
1 Section 803 Effective Date This Act shall become law upon its approval by the
2 Governor or it becoming law without such approvaL
House Clerk
Certiiedby ~~f OILAN C ORiOSPEAKER
this
Governor
2010
Commonwealth ofthe Northern Mariana Islands
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HDl SSI
1 authorized by a legislative joint resolution in accordance with Section 7 Article X
2 of the NMI Constitution
3 ACTIVITIES FTE OPERATIONS TOTAL
4 (a) Commonwealth Development Authority 27 758386 452691 1211077
5 (b) Commonwealth Ports Authority no submittal
6 (c) CNMI Govt Health amp Life Ins --------------------Privatized ------------------shy
7 (d) Commonwealth Utilities Corporation no submittal
8 (e) NM Housing Corporation 24 1110989 1113108 2224097
9 (f) NMI Ret Fund 27 1353669 76659330 78012999
10 (g) Office ofthe Public Auditor 30 1818525 755700 2574225
11 (h) Public Utilities Commission 55553 137550 193103
12 Grand Total 109 $520972122 $7921182379 8422152501
13 Notwithstanding the above dollar amounts the entities above shall expend only
14 the lesser of funds actually generated collected or received or the amounts
15 indicated above
16 Section 302 Prior Certification of Funds
17 No person shall be employed or enter into contractual relationship with the
18 Commonwealth or any government entity therein without first receiving from the
19 Secretary of the Department of Finance certification that lawful and sufficient
20 funds for the purpose are available For purposes of this section professional
21 services shall include but not be limited to services provided by engineers
22 accountants physicians lawyers and other similar professionals
23 Section 303 Reporting Requirement The expenditure authorities of the
24 foregoing activities listed in Section 301 shall submit to the presiding officers of
25 the legislature at the end of each quarter an itemized report on the expenditures
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PUBLIC LAW NO 17-21
HOUSE BILL t7~t23 HDt SSt
for personnel and operations of each government entity and the payments of the
public auditors fee for the quarter ended and if applicable year~to-date totals as
of the close of the reporting period
CHAPTERIV ADMINISTRATION OF APPROPRIATED FUNDS
Section 401 Management of Funds
The expenditure of the funds appropriated and allocated under this Act
shall be regulated and controlled by the Secretary of Finance so that no agency
department instrumentality program or activity may expend the funds contrary
to the law or fiscal management policies and practices of the Commonwealth
Provided further that in addition to the report required under 1 CMC sect7209 the
Secretary ofFinance shall submit at the end of each quarter an itemized report on
the expenditures for personnel and operations of each business unit funded in
whole or in part by the General Fund for the quarter ended and if applicable
year-to-date totals as of the close of the reporting period
Section 402 Notwithstanding 1 CMC sect 7204 without prior legislative
approval consultation and concurrence no funds appropriated in this Act shall be
reduced or reprogrammed by the Governor except as provided herein
Section 403 FTE Ceiling
(a) Employment Ceilings Pursuant to Article X sect 7 of the
Commonwealth Constitution the employment ceilings are hereby established as
21 set forth herein
Section 404 Expenditure Authority 22
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SS1
(a) The distribution and expenditure of funds shall be in compliance with
the fiscal expenditure authority the listed agencies have pursuant to statute and the
administrative provisions of this Act as set forth herein
(b) Except as provided in this Act the funds appropriated pursuant to this
Act shall be expended by the respective expenditure authority pursuant to 1 CMC
sectsect 7401 and 7503
(c) For the Ground Water Management and Protection Act Fund
expenditure authority is vested in the Director of the Division of Environmental
Quality
(d) For all government agencies receiving appropriated funds for
personnel or staff housing administrative and expenditure authority over housing
and accompanying funds including but not limited to approval of lease
agreements is vested in the appropriate agency officials designated by law as
having expenditure authority
(e) For the Domestic Violence Task Force expenditure authority is vested
in the Family Violence Task Force chairperson with concurrence of the Family
Violence Task Force coordinator
(f) For Crime Stoppers International the chairperson of the board of the
directors shall be the expenditure authority
(g) For Independent Programs unless otherwise provided in this Act or in
any other provision of law expenditure authority shall be vested in the Secretary
ofFinance
23 CHAPTER V REPROGRAMMING AUTHORITY
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 lID1 SSI
Section 501 Reprogramming Authority
2 (a) Unless otherwise specified in this act authority to reprogram
3 appropriated funds shall be as provided under I CMC sectsect 7402 and 7504
4 (b) Provided however 1 CMC sectsect 7402 (b) is hereby suspended for the
5 period of this Act Governor shall have 100 reprogramming authority on funds
6 appropriated under Section 704 of this Act
7 (c) Notwithstanding any law to the contrary the Governors authority to
8 reprogram funds under this section shall include the authority to reprogram funds
9 available to all public corporations agencies and entities of the Commonwealth
10 Government upon approval by joint approval ofthe legislature provided that such
11 funds are not restricted from reprogramming by federal law federal grant
12 conditions Commonwealth constitutional prohibitions and deposit and other
13 security restrictions related to bond covenants and the financing of public
14 projects
15 CHAPTER VI SUPPLEMENTAL ADMINISTRATIVE PROVISIONS
16 Section 601 Utilities The amount of $7539509 included in the
17 Independent Programs shall be appropriated for the payment of utilities for the
18 branches departments and agencies of the Commonwealth government except
19 the business units listed in Section 103(b)(7) and the Public School System and
20 the Northern Marianas College
-21 Section 602 Hiring Restriction
22 (a) As long as work hours and wages are reduced no vacancies shall be
23 filled except for critical and emergency positions provided that until a law is
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
passed defining critical and emergency positions said critical and emergency
2 positions must be approved by joint approval of the legislature
3 (b) In order to reduce the size of the Government except for the Public
4 School System the Northern Marianas College and health care professionals of
5 the Department of Public Health and Environmental Services any FTE (full-time
6 equivalent) that becomes vacant shall be eliminated The renewal of the contract
7 for an existing employee shall not be considered creating a vacant position If a
8 new position or vacant position is necessary to be filled to protect the health
9 safety and welfare of the public the expenditure authority may request the
10 Legislature to establish a new FTE by joint resolution The appropriations set
11 forth in Section 704 are contingent on this section remaining in this Appropriation
12 Act
13 Section 603 Litigation Expenditures Restricted
14 Except for the governor the attorney general the chief justice of the
15 Commonwealth supreme court presiding officers of the legislature mayors and
16 municipal councils and notwithstanding any law to the contrary no agency
17 expenditure authority may use any part of their appropriations in connection with
18 prosecuting a legal matter against another agency unless authorized by the chief
19 justice in the case of agencies within the judicial branch the governor in the case
20 of agencies within the executive branch and the presiding officers in the case of
21 agencies within the legislative branch and mayors in the case of agencies under
22 their authority The terms agency and agencies as used in this section shall be
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HDl SSI
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1 liberally construed to include all instrumentalities and subdivisions of the
2 Commonwealth Government
Section 604 Public Auditors Fee
The Public Auditors Fee is 1 (one percent) of the total appropriations
for each instrumentality department agency corporation and budget activity of
the CNMI Government Notwithstanding any other provision of law any lapsed
funds from the Office of Public Auditor shall be applied to CNMI deficit
reduction only Agencies that are not funded by the general fund listed in section
301 (a)-(h) shall remit their respective fee on a monthly basis to the Department
ofFinance
Section 605 Legal Holidays
(a) The following laws and regulations providing for payment of legal
holidays are repealed during fiscal year 2011
1 CMC sect312 and sect313
Title 10 NMIAC sect10-lO-135G) (Excepted Service)
Title 10 NMIAC sectlO-202-346 (Civil Service Executive Branch)
Title lO NMIAC sect lO-30-344 (Civil Service Judicial Branch)
Title 40 NMIAC sect40-40-425 (Commonwealth Ports Authority)
Title 60 NMIAC sect60-301-444 (Public School System)
Title 100 NMIAC sect 100-50-430 (Northern Marianas Housing
Corporation)
Title 120 NMIAC sect120-lO-230 (Excepted Service) and
Title 130 NMIAC 130-20-330 (Office of the Public Auditor)
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HDl SSI
1 (b) Any employee required to work on a legal holiday shall be paid hislher
2 regular salary
3 (c) From the legal holidays listed in 1 CMC sect311 the Governor may
4 select one or more legal holidays for fiscal year 2011 for which employees shall
5 receive leave with pay
6 (d) Although leave with pay is not required for legal holidays during
7 Fiscal Year 2011 expenditure authorities may grant leave with pay for their
8 employees if they have available funds in their personnel account
9 CHAPTER VII APPROPRIATIONS
10 Section 701 In General
11 (a) Funds designated in Chapter II as available for appropriation for FY 2011
12 are hereby appropriated pursuant to this Chapter
13 (b) A business units FTE ceiling shall be established in this Chapter No
14 business unit shall exceed its FTE ceiling unless authorized by this Act or joint
15 resolution of the legislature
16 (c) Reduction in the Level of Appropriations In order to provide expenditure
17 authorities with flexibility in determining the allocation of funding for their operations
18 expenditure authorities must reduce their expenditures to achieve the level of
19 appropriation under this Act
20 Expenditure authorities may reduce previous levels ofexpenditure by
21 (1) A reduction in work hours
22 (2) A reduction in wages
23 (3) Furlough
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
1 (4) A reduction in force
2 (5) A reduction in expenditures for all others or
3 (6) A combination of reductions under subsections (1) through (5)
4 (d) The reduction in work hours shall not exceed 16 hours per bi-weekly pay
5 period If sufficient additional resources are not identified during the first quarter of
6 FY 2011 to allow an increase in work hours the reduction in work hours may be
7 continued
8 (e) Suspension of Restrictions on Reprogramming To provide for the
9 reprogramming between personnel and non-personnel accounts 1 CMC sect7402(c) is
10 suspended for the period that this Act is in effect
11 (f) Provided however that during the period of this Act no funds shall be I I
12 reprogrammed from non-personnel accounts to personnel accounts to increase any
13 salaries from its current level
14 Section 702 Judicial Branch
15 (a) There is hereby appropriated the following amounts to fund the personnel
16 and non-personnel expenses as listed below of the Judicial branch
17 FTE PERSONNEL OPERATIONS TOTAL
18 Supreme Court 11 792333 3639 795972
19 Superior Court 45 1714552 160961 1875513
20 Administration 13 295435 217240 512675
21 Law Revision Comm 5 132442 6245 138687
22 TOTAL 74 $2934762 $388085 $3322847
23 Section 703 Legislative Branch
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
1 (a) In accordance with Article II sect16(b) and (c) of the NMI Constitution as
2 amended by Legislative Initiative 10-8 the following amounts are hereby appropriated
3 to fund the personnel retirement contribution and non-personnel expenses as listed
4 below of the Legislative branch
5 FTE PERSONNEL OPERATIONS TOTAL
6 House Members Salary 20 954597 954597
7 House Members Allocation 100 1700000 1700000
8 House Leadership Allocation 138000 138000
9 Senate 9 431141 431141
10 Senate Members Allocation 45 765000 765000
11 Senate Leadership Allocation 138000 138000
12 Legislative Bureau 28 1274764 167000 1441764
13 CNMI Youth Congress 1 21167 20000 41167
14 TOTAL 203 $2681669 $2928000 $5609669
15 (b) Salaries of Legislative Members
16 (1) The amount appropriated under this section to the House of
17 Representatives under personnel shall be used to fund the salaries and
18 benefits of the members of the House of Representatives The expenditure
19 authority for the amounts appropriated shall be the Secretary of Finance
20 (2) The amount appropriated under this section to the Senate under
21 personnel shall be used to fund the salaries and benefits of the members of the
22 Senate The expenditure authority for the amounts appropriated shall be the
23 Secretary of Finance
24 (c) House Members Office Accounts and Employees
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
(1) The Department of Finance shall establish and assign a number to a
new business unit account entitled House Members Office Accounts for the
appropriation for House Members Allocation Another new business unit
account entitled Senate Members Office Accounts for the appropriation for
Senate Members Allocation Under each of these said accounts an equal
amount of the appropriation shall be allocated to subaccount further established
thereunder for each member of the respective house for the operations of the
members office as permitted under section 16 of article II of the CNMI
Constitution applicable laws and the rules of the legislative body to which the
member was elected
(2) Notwithstanding 1 CMC sect7401(c) to the contrary each member
shall be the expenditure authority of the funds allocated to their individual sub-
account
(3) Funds allocated for the operation of the members office including
but not limited to the personnel costs of the members employees and
expenditures as authorized by the adopted rules of the Senate in the case of the
Senate member or the adopted rules ofthe House of Representatives in the case
of a House member such as a monthly stipend to defray travel and incidental
expenses for the purpose of attending to legislative business outside the
members senatorial district
(4) Allocation ofFTEs among House members shall be governed by the
rules of the House
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
(5) Allocation of FTEs among Senate members shall be governed by
the rules of the Senate
(d) Senate and House Leadership Accounts
(1) The Department of Finance shall establish and assign a number to
two new business unit accounts one entitled House Leadership Account for
the appropriation in the amount of $138000 under All Others and another
new business unit account entitled Senate Leadership Account for the
appropriation in the amount of $138000 under All Others
(2) The presiding officer of each respective house or his lawfully
authorized designee shall be the expenditure authority and shall use such funds
to support the operations and activities of the House of Representatives and
Senate in accordance with its rules provided that the presiding officer
distributes a portion of the total appropriation in equal amounts to all the
standing committees for their operations and activities
(e) Legislative Bureau The expenditure authority of the funds appropriated for
the Legislative Bureau shall be the Director of the Legislative Bureau or his or her
lawfully authorized designee
(f) Northern Marianas Youth Congress The expenditure authority is vested in
the Director of the Legislative Bureau with the consultation of the Speaker of the
Northern Mariana Islands Youth Congress
Section 704 Executive Branch
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SS1
1 There are hereby appropriated the following amounts to fund the personnel and
2 non-personnel expenses of the offices programs and activities of the Executive Branch
3 as listed below
4 FTE PERSONNEL OPERATIONS TOTAL
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
21
22
23
24
25
26
27
28
29 30 i31
Office ofGov
Attorney General
Commerce
Comm amp Cult Affairs
Corrections
Finance
Labor
Lands amp Natural Res
Public Health
Public Safety
Public Works
Total
140
42
32
88
96
163
44
98
485
258
129
1575 $45120729 $14184384 $59305113
Section 705 First Senatorial District Rota
(a) There is hereby appropriated the following amounts to fund the personnel
and non-personnel expenses as listed below of the First Senatorial District
Mayor
Municipal Coun
Commerce (econ Dev)
CampCA
Police (DPS)
Fire
Finance amp Actg
Revenue amp Tax
Customs
Procurement amp Supply
Labor
FTE PERSONNEL OPERATIONS
99
11
8
10
34
12
3
3
6
2
7
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
1 Agriculture 20
2 Historic Preservation 4
3 Lands Regisamp Survey 6
4 Fish amp Wildlife 5
5 Parks amp Recreation 4
6 Soil amp Water Consv
7 Rota Health Center 51
8 Dental Services 4
9 DPH Med Referral 5
10 Environmental Health 2
11 Public Works 23
12 Total 320 $5677593 $576487 $6256080
13 (b) The Rota Legislative Delegation shall determine by Local Delegation
14 Resolution the allocation of the funds appropriated for the First Senatorial District
15 (c) Except as provided in this section the Mayor ofRota shall have authority to
16 expend obligate encumber or otherwise commit the funds appropriated to the First
17 Senatorial District Notwithstanding any law to the contrary the Mayor of Rota shall
18 have 100 reprogramming authority of the funds appropriated in this Act
19 Appropriations to the Municipal Council shall be divided and distributed equally to
20 each member of the Municipal Council Each Municipal Council member shall be the
21 expenditure authority of funds distributed to himher Additionally in accord with the
22 Superior Courts decision in the case of Inos v Tenorio the Mayors shall also have
23 expenditure authority over resident government departments in the First and Second
24 senatorial districts respectively unless the Governor revokes expenditure authority in a
25 manner consistent with the Superior Courts holding in Inos v Tenorio to wit
26 expenditure authority over resident departments that are primarily concerned with the
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
delivery of public services can be revoked only on a prior showing of just cause but
the Governor has discretion to revoke expenditure authority over those departments
that are primarily concerned with enforcing the law
(c) Rota Health Center Three hundred forty thousand ($34000000) from the
First Senatorial Districts budget appropriation is hereby allocated to pay for
professional services for nurses technicians and other medical and auxiliary
professionals as needed including one mental health counselor in the amount of Thirty
Three Thousand Dollars ($3300000)
(d) DPS Cadets One hundred seven thousand seven hundred eighty
($10778000) from the First Senatorial Districts budget appropriation is hereby
allocated for five (5) Full Time Equivalents (FTEs) for the Rota Department of Public
Safety of the total 329 FTEs to fully fund the five (5) 2010 DPS Academy graduates
from the First District who shall be placed as FTEs within the Rota Department of
Public Safety Any shortfall for overtime retirement or benefits shall be borne by the
municipality
(e) Dentist Seventy-seven thousand two hundred dollars ($77200) from the
First Senatorial Districts budget appropriation is hereby allocated for one (1) Full
Time Equivalent (FTE) to hire a dentist
Section 706 Second Senatorial District - Tinian amp Aguiguan
(a) There is hereby appropriated the following amounts to fund the personnel
and non-personnel expenses of the Second Senatorial District as listed below
FTE PERSONNEL OPERATIONS TOTAL
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SS1
Mayor 112
Municipal Council 3
Commerce (econo dev) 4
Historic Preservation 2
CampCA 3
Customs 3
Finance amp Acctg 2
Procurement amp Supply 2
Revenue amp Tax
Labor 8
Agriculture 15
Fish amp Wildlife 2
Parks amp Recreation 5
Environmental Health 4
Dental Services 3
Tinian Health Center 49
Police (DPS) 45
Public Works ~
Total 268 $5179361 $1076719
20 (b) The Tinian and Aguiguan Legislative Delegation shall determine by Local
21 Delegation Resolution the allocation of the funds appropriated for the Second
22 Senatorial District
23 (c) The Mayor and the Chairperson of the Municipal Council shall have the
24 expenditure authority for appropriations for their respective offices except as provided
25 below Notwithstanding any law to the contrary the Mayor of Tinian amp Aguiguan shall
26 have 100 reprogramming authority of the funds appropriated in this Act Each
27 Municipal Council member shall allocate and provide for the expenditure of the funds
28 appropriated to the Council in accordance with the Official Rules of the Council
29 Additionally in accord with the Superior Courts decision in the case of Inos v
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 lID1 SS1
Tenorio the Mayors shall also have expenditure authority over resident government
2 departments in the First and Second senatorial districts respectively unless the
3 Governor revokes expenditure authority in a manner consistent with the Superior
4 Courts holding in Inos v Tenorio to wit expenditure authority over resident
5 departments that are primarily concerned with the delivery of public services can be
6 revoked only on a prior showing of just cause but the Governor has discretion to
7 revoke expenditure authority over those departments that are primarily concerned with
8 enforcing the law
9 (d) Tinian Health Center Four hundred twenty seven thousand seven hundred
10 twenty seven and eighty one ($42772781) from the Second Senatorial Districts
11 budget appropriation is hereby allocated to pay for the direct hiring of nurses ancillary
12 staff and other needed administrative adjustments on personnel matters
13 (e) Tinian Municipal Council One hundred twenty three thousand four
14 hundred three ($123403) All Others appropriation of the Municipal Council is
15 hereby allocated as follows (1) $15000 for office rental and administrative purposes
16 and (2) $108403 for community projects and other functions ofwhich $75000 shall be
17 allocated to the chairman and the remaining balance shall be divided equally among the
18 other two members who shall be the expenditure authority of such funds
19 (f) Tinian Commerce Thirty eight thousand one hundred forty one ($38141)
20 is hereby allocated under AU Others for operations and office supplies
Section707 Third Senatorial District - Mayor ofSaipan Mayor of the Northern
Islands and Saipan and Northern Islands Municipal Council
PUBLIC LAW NO 17-21 HOUSE BILL l7~l23 HDl SSl
1 (a) There is hereby appropriated the following amounts to fund the personnel
2 and non-personnel expenses of the municipal governments of Saipan and the Northern
3 Islands as listed below
4 FTE PERSONNEL OPERATIONS TOTAL
5 Saipan Mayor 48 $875509 $248240 $1123257 6 NI Mayor 11 $192849 $86716 $279565
7 Saipan Mun Council 1 $34076 $27447 $61523
8 Total 60 $1102434 $362411 $1464845
9 (b) The Mayor of Saipan the Mayor of the Northern Islands and the
10 Chairperson of the Municipal Council for Saipan and the Northern Islands shall be the
11 expenditure authority for appropriations for their respective offices Notwithstanding
12 any law to the contrary the Mayors of Saipan and the Northern Islands respectively
13 shall have 100 reprogramming authority of the funds appropriated in this Act
14 Section 708 Autonomous Agencies
15 (a) There is hereby appropriated the following amounts to fund the following
16 autonomous agencies as listed below
17 FTE PERSONNEL OPERATIONS TOTAL
18 NMC 160 $4099229 $364235 $4464464
MVA 36 $832531 $1780496 $2611027
ajlst amp and SeRaterl Dist $369999 $36886611gtfif~tll~fu0 PSS ll13 $28521990 $2617529 $31140519f-AP( 21
22 BOE 2 $1372685 $26643 ~164~28
23 Total 1312 $33591435 $5148903 $38740338
24 (b) Northern Marianas College
25 (1) The president of the Northern Marianas College shall be the
26 expenditure authority of the appropriated funds
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
pfiuv~I tys
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(c) Marianas Visitors Authority
(1) The chairman of the Board of Directors of the Marianas Visitors
Authority shall be the expenditure authority ofthe appropriated funds
(2) Tlnee hundted sixty thousand ($360000) of the All OthelS
appropriation ofth Malianas Visitors Burau sball allocatd as follows
(i) One httndred 1vveftty thousRJJd ($120000) to susidiZle the
eftartef flights from Japan to Rota under the eKpndinY=e authority of the
Cbairman oftbe Marianas Visitors AQtborityen
(ii) One bll1dred Pyenellty tbollSaad ($120000) to promote and
market Tinian as a tourist destinatioR under the expenditure ffitthority of
the Chairman of the Mwianas Visitors Authoriry ctnd
(iii) 000 hundred tlJlnty thousand ($120000) to pay the
outstandiag KllT aGGount for completed Gbafter flights from Japan to
RotH under the expenditUfe authority of the Chairman of the Marianas
Visitor s 1AzYtbor~[
(d) Public School System
(1) The expenditure authority shall be the Commissioner of Education
or hislher designee
(2) No part of funds appropriated to BU 1607 the Public School
System shall be used to pay for any expense including but not limited to travel
or reimbursement of the Board of Education its board members and staff
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SS1
1 (e) Board of Education The chairperson of the Board of Education shall be the
2 expenditure authority of the appropriated funds
3 Section 709 Boards and Commissions
4 (a) There is hereby appropriated the following amounts to fund the following
5 boards and commissions as listed below
FTE PERSONNEL OPERATIONS
BPL
Civil Servo Comm
Election Comm
Total
3
4
1 14
$88732
$164803
$1762806
$430341
$13264
$2183
$932819
$109266
11 Section 710 Independent Programs
12 There is hereby appropriated the following amounts to fund the following
13 independent programs and activities as listed below
14 FTE PERSONNEL OPERATIONS TOTAL
15 Ayuda Network 18417 18417
16 Commonwealth Museum 4 96395 40140 136535
17 Domestic Violence 36834 36834
18 Humanities Council 4604 4604
19 JoetenlKiyu Public Library 7 128933 39674 168607
20 Marianas Bound - Karidat 54147 54147
21 Micronesian Legal Legal Services - 18417 18417
22 Nat Govs Assoc 40518 40518
23 Public Assis Program 17577 17577
24 Govt Utilities 7539509 7539509
25 Judgment 76258 76258
26 La Fiesta Lease 200000 200000
27 Aetna R-Off amp Ret -- 1463483 0 1463483
28 Total 11 1688811 8492643 10181454
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2
3
4
5
6
7
8
9
10
11
12
13
14
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
(a) Joeten-Kiyu Public Library The expenditure authority shall be the
chairperson of the Commonwealth Library Council
(b) Public Assistance - Matching Funds The expenditure authority shall be
the Governor or his designee
(c) Judgments against the Government The expenditure authority shall be the
Secretary of Finance in consultation with the Attorney General
(d) Commonwealth Museum The chairperson of the Board of Governors of
the Commonwealth Museum or hislher designee shall be the expenditure authority
(e) Ayuda Network The expenditure authority shall be the chairperson of the
board of directors
(f) KARlDAT The executive director of Marianas Bound (KARlDAT) shall
be the expenditure authority
(g) Micronesian Legal Services The executive director of the Micronesian
Legal Services Corporation shall be the expenditure authority
(h) For programs and activities not specifically mentioned the expenditure
authority shall be the Secretary of Finance
Section 711 Other Programs
(a) There is hereby appropriated the following amounts to the following other
programs as listed below
FTE PERSONNEL OPERATIONS TOTAL
22
23
NMIOICC
Ret Pension GovLtGov
Ret PL5-3 (COLA)
1 $27476
$147506
o o
413276
$27476
$147506
$413276
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
1 Workers Comp Comm ~ $121061 129648 $250709
2 Total 6 $297751 $541216 $838967
3 Section 712 Department of Public Lands
4 (a) Pursuant to Section 103 of Public Law 15-2 $2820886 is appropriated to
5 the Department of Public Lands as follows
6 Personnel $1765104
7 Operations $1055782
8 Total $2820886
9 FTE Ceiling 65
10 No funds received or collected by or remitted to the Department of Public Lands
11 pursuant to Public Law 15-2 that are in excess of the amount appropriated in this
12 section may be reprogrammed or expended absent legislative appropriation or in
13 violation of the Constitution
14 Section 713 Reporting Requirements The expenditure authorities of the
15 foregoing activities listed in Chapter VII shall submit to the presiding officers of the
16 legislature at the end of each quarter an itemized report on the expenditures for
17 personnel and operations of each government entity and the payments of the public
18 auditors fee for the quarter ended and if applicable year-to-date totals as of the close
19 of the reporting period
20 Section 714 Compact Impact Funds
middot21 Compact Impact funds shall be used III accordance with the terms and
22 conditions set forth in the Grant Agreement and shall be used to defray qualified
23 expenses for the following activities
24 (a) Office of Public Defender $ 37151
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HDt SSI
1 (b) Dept of Community amp Cultural Affairs
2 (c) Dept of Corrections
3 (d) Dept of Public Health
4 (e) Department of Public Safety
5 Total
6 Section 715 Outside Sources
$ 44616
$ 154698
$ 536744
$ 1157234
$1930443
7 (a) Notwithstanding any law to the contrary the Governor is authorized to
8 transfer qualified operational expenses to available and unencumbered outside general
9 fund accounts not to exceed $3500000 which are hereby appropriated to pay for such
10 expenses
11 CHAPTER VIII GENERAL PROVISIONS
12 Section 801 Severability If any provision of this Act or its application to any
13 person or circumstance is held invalid the invalidity does not affect other provisions
14 or applications of the Act which can be given effect without the invalid provision or
middot15 applications and to this end the provisions ofthis Act are severable
16 Section 802 Savings Clause This Act and any repealer contained herein shall
middot17 not be construed as affecting any existing right acquired under contract or acquired
18 under statutes repealed or under any rule regulation or order adopted under the statutes
middot19 Repealers contained in this Act shall not affect any proceeding instituted under or
ao pursuant to prior law The enactment of this Act shall not have the effect of terminating
21 or in any way modifying any liability civil or criminal which shall already be in
22 existence at the date this Act becomes effective
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HDl SSI
1 Section 803 Effective Date This Act shall become law upon its approval by the
2 Governor or it becoming law without such approvaL
House Clerk
Certiiedby ~~f OILAN C ORiOSPEAKER
this
Governor
2010
Commonwealth ofthe Northern Mariana Islands
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PUBLIC LAW NO 17-21
HOUSE BILL t7~t23 HDt SSt
for personnel and operations of each government entity and the payments of the
public auditors fee for the quarter ended and if applicable year~to-date totals as
of the close of the reporting period
CHAPTERIV ADMINISTRATION OF APPROPRIATED FUNDS
Section 401 Management of Funds
The expenditure of the funds appropriated and allocated under this Act
shall be regulated and controlled by the Secretary of Finance so that no agency
department instrumentality program or activity may expend the funds contrary
to the law or fiscal management policies and practices of the Commonwealth
Provided further that in addition to the report required under 1 CMC sect7209 the
Secretary ofFinance shall submit at the end of each quarter an itemized report on
the expenditures for personnel and operations of each business unit funded in
whole or in part by the General Fund for the quarter ended and if applicable
year-to-date totals as of the close of the reporting period
Section 402 Notwithstanding 1 CMC sect 7204 without prior legislative
approval consultation and concurrence no funds appropriated in this Act shall be
reduced or reprogrammed by the Governor except as provided herein
Section 403 FTE Ceiling
(a) Employment Ceilings Pursuant to Article X sect 7 of the
Commonwealth Constitution the employment ceilings are hereby established as
21 set forth herein
Section 404 Expenditure Authority 22
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SS1
(a) The distribution and expenditure of funds shall be in compliance with
the fiscal expenditure authority the listed agencies have pursuant to statute and the
administrative provisions of this Act as set forth herein
(b) Except as provided in this Act the funds appropriated pursuant to this
Act shall be expended by the respective expenditure authority pursuant to 1 CMC
sectsect 7401 and 7503
(c) For the Ground Water Management and Protection Act Fund
expenditure authority is vested in the Director of the Division of Environmental
Quality
(d) For all government agencies receiving appropriated funds for
personnel or staff housing administrative and expenditure authority over housing
and accompanying funds including but not limited to approval of lease
agreements is vested in the appropriate agency officials designated by law as
having expenditure authority
(e) For the Domestic Violence Task Force expenditure authority is vested
in the Family Violence Task Force chairperson with concurrence of the Family
Violence Task Force coordinator
(f) For Crime Stoppers International the chairperson of the board of the
directors shall be the expenditure authority
(g) For Independent Programs unless otherwise provided in this Act or in
any other provision of law expenditure authority shall be vested in the Secretary
ofFinance
23 CHAPTER V REPROGRAMMING AUTHORITY
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 lID1 SSI
Section 501 Reprogramming Authority
2 (a) Unless otherwise specified in this act authority to reprogram
3 appropriated funds shall be as provided under I CMC sectsect 7402 and 7504
4 (b) Provided however 1 CMC sectsect 7402 (b) is hereby suspended for the
5 period of this Act Governor shall have 100 reprogramming authority on funds
6 appropriated under Section 704 of this Act
7 (c) Notwithstanding any law to the contrary the Governors authority to
8 reprogram funds under this section shall include the authority to reprogram funds
9 available to all public corporations agencies and entities of the Commonwealth
10 Government upon approval by joint approval ofthe legislature provided that such
11 funds are not restricted from reprogramming by federal law federal grant
12 conditions Commonwealth constitutional prohibitions and deposit and other
13 security restrictions related to bond covenants and the financing of public
14 projects
15 CHAPTER VI SUPPLEMENTAL ADMINISTRATIVE PROVISIONS
16 Section 601 Utilities The amount of $7539509 included in the
17 Independent Programs shall be appropriated for the payment of utilities for the
18 branches departments and agencies of the Commonwealth government except
19 the business units listed in Section 103(b)(7) and the Public School System and
20 the Northern Marianas College
-21 Section 602 Hiring Restriction
22 (a) As long as work hours and wages are reduced no vacancies shall be
23 filled except for critical and emergency positions provided that until a law is
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
passed defining critical and emergency positions said critical and emergency
2 positions must be approved by joint approval of the legislature
3 (b) In order to reduce the size of the Government except for the Public
4 School System the Northern Marianas College and health care professionals of
5 the Department of Public Health and Environmental Services any FTE (full-time
6 equivalent) that becomes vacant shall be eliminated The renewal of the contract
7 for an existing employee shall not be considered creating a vacant position If a
8 new position or vacant position is necessary to be filled to protect the health
9 safety and welfare of the public the expenditure authority may request the
10 Legislature to establish a new FTE by joint resolution The appropriations set
11 forth in Section 704 are contingent on this section remaining in this Appropriation
12 Act
13 Section 603 Litigation Expenditures Restricted
14 Except for the governor the attorney general the chief justice of the
15 Commonwealth supreme court presiding officers of the legislature mayors and
16 municipal councils and notwithstanding any law to the contrary no agency
17 expenditure authority may use any part of their appropriations in connection with
18 prosecuting a legal matter against another agency unless authorized by the chief
19 justice in the case of agencies within the judicial branch the governor in the case
20 of agencies within the executive branch and the presiding officers in the case of
21 agencies within the legislative branch and mayors in the case of agencies under
22 their authority The terms agency and agencies as used in this section shall be
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HDl SSI
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1 liberally construed to include all instrumentalities and subdivisions of the
2 Commonwealth Government
Section 604 Public Auditors Fee
The Public Auditors Fee is 1 (one percent) of the total appropriations
for each instrumentality department agency corporation and budget activity of
the CNMI Government Notwithstanding any other provision of law any lapsed
funds from the Office of Public Auditor shall be applied to CNMI deficit
reduction only Agencies that are not funded by the general fund listed in section
301 (a)-(h) shall remit their respective fee on a monthly basis to the Department
ofFinance
Section 605 Legal Holidays
(a) The following laws and regulations providing for payment of legal
holidays are repealed during fiscal year 2011
1 CMC sect312 and sect313
Title 10 NMIAC sect10-lO-135G) (Excepted Service)
Title 10 NMIAC sectlO-202-346 (Civil Service Executive Branch)
Title lO NMIAC sect lO-30-344 (Civil Service Judicial Branch)
Title 40 NMIAC sect40-40-425 (Commonwealth Ports Authority)
Title 60 NMIAC sect60-301-444 (Public School System)
Title 100 NMIAC sect 100-50-430 (Northern Marianas Housing
Corporation)
Title 120 NMIAC sect120-lO-230 (Excepted Service) and
Title 130 NMIAC 130-20-330 (Office of the Public Auditor)
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HDl SSI
1 (b) Any employee required to work on a legal holiday shall be paid hislher
2 regular salary
3 (c) From the legal holidays listed in 1 CMC sect311 the Governor may
4 select one or more legal holidays for fiscal year 2011 for which employees shall
5 receive leave with pay
6 (d) Although leave with pay is not required for legal holidays during
7 Fiscal Year 2011 expenditure authorities may grant leave with pay for their
8 employees if they have available funds in their personnel account
9 CHAPTER VII APPROPRIATIONS
10 Section 701 In General
11 (a) Funds designated in Chapter II as available for appropriation for FY 2011
12 are hereby appropriated pursuant to this Chapter
13 (b) A business units FTE ceiling shall be established in this Chapter No
14 business unit shall exceed its FTE ceiling unless authorized by this Act or joint
15 resolution of the legislature
16 (c) Reduction in the Level of Appropriations In order to provide expenditure
17 authorities with flexibility in determining the allocation of funding for their operations
18 expenditure authorities must reduce their expenditures to achieve the level of
19 appropriation under this Act
20 Expenditure authorities may reduce previous levels ofexpenditure by
21 (1) A reduction in work hours
22 (2) A reduction in wages
23 (3) Furlough
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
1 (4) A reduction in force
2 (5) A reduction in expenditures for all others or
3 (6) A combination of reductions under subsections (1) through (5)
4 (d) The reduction in work hours shall not exceed 16 hours per bi-weekly pay
5 period If sufficient additional resources are not identified during the first quarter of
6 FY 2011 to allow an increase in work hours the reduction in work hours may be
7 continued
8 (e) Suspension of Restrictions on Reprogramming To provide for the
9 reprogramming between personnel and non-personnel accounts 1 CMC sect7402(c) is
10 suspended for the period that this Act is in effect
11 (f) Provided however that during the period of this Act no funds shall be I I
12 reprogrammed from non-personnel accounts to personnel accounts to increase any
13 salaries from its current level
14 Section 702 Judicial Branch
15 (a) There is hereby appropriated the following amounts to fund the personnel
16 and non-personnel expenses as listed below of the Judicial branch
17 FTE PERSONNEL OPERATIONS TOTAL
18 Supreme Court 11 792333 3639 795972
19 Superior Court 45 1714552 160961 1875513
20 Administration 13 295435 217240 512675
21 Law Revision Comm 5 132442 6245 138687
22 TOTAL 74 $2934762 $388085 $3322847
23 Section 703 Legislative Branch
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
1 (a) In accordance with Article II sect16(b) and (c) of the NMI Constitution as
2 amended by Legislative Initiative 10-8 the following amounts are hereby appropriated
3 to fund the personnel retirement contribution and non-personnel expenses as listed
4 below of the Legislative branch
5 FTE PERSONNEL OPERATIONS TOTAL
6 House Members Salary 20 954597 954597
7 House Members Allocation 100 1700000 1700000
8 House Leadership Allocation 138000 138000
9 Senate 9 431141 431141
10 Senate Members Allocation 45 765000 765000
11 Senate Leadership Allocation 138000 138000
12 Legislative Bureau 28 1274764 167000 1441764
13 CNMI Youth Congress 1 21167 20000 41167
14 TOTAL 203 $2681669 $2928000 $5609669
15 (b) Salaries of Legislative Members
16 (1) The amount appropriated under this section to the House of
17 Representatives under personnel shall be used to fund the salaries and
18 benefits of the members of the House of Representatives The expenditure
19 authority for the amounts appropriated shall be the Secretary of Finance
20 (2) The amount appropriated under this section to the Senate under
21 personnel shall be used to fund the salaries and benefits of the members of the
22 Senate The expenditure authority for the amounts appropriated shall be the
23 Secretary of Finance
24 (c) House Members Office Accounts and Employees
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
(1) The Department of Finance shall establish and assign a number to a
new business unit account entitled House Members Office Accounts for the
appropriation for House Members Allocation Another new business unit
account entitled Senate Members Office Accounts for the appropriation for
Senate Members Allocation Under each of these said accounts an equal
amount of the appropriation shall be allocated to subaccount further established
thereunder for each member of the respective house for the operations of the
members office as permitted under section 16 of article II of the CNMI
Constitution applicable laws and the rules of the legislative body to which the
member was elected
(2) Notwithstanding 1 CMC sect7401(c) to the contrary each member
shall be the expenditure authority of the funds allocated to their individual sub-
account
(3) Funds allocated for the operation of the members office including
but not limited to the personnel costs of the members employees and
expenditures as authorized by the adopted rules of the Senate in the case of the
Senate member or the adopted rules ofthe House of Representatives in the case
of a House member such as a monthly stipend to defray travel and incidental
expenses for the purpose of attending to legislative business outside the
members senatorial district
(4) Allocation ofFTEs among House members shall be governed by the
rules of the House
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
(5) Allocation of FTEs among Senate members shall be governed by
the rules of the Senate
(d) Senate and House Leadership Accounts
(1) The Department of Finance shall establish and assign a number to
two new business unit accounts one entitled House Leadership Account for
the appropriation in the amount of $138000 under All Others and another
new business unit account entitled Senate Leadership Account for the
appropriation in the amount of $138000 under All Others
(2) The presiding officer of each respective house or his lawfully
authorized designee shall be the expenditure authority and shall use such funds
to support the operations and activities of the House of Representatives and
Senate in accordance with its rules provided that the presiding officer
distributes a portion of the total appropriation in equal amounts to all the
standing committees for their operations and activities
(e) Legislative Bureau The expenditure authority of the funds appropriated for
the Legislative Bureau shall be the Director of the Legislative Bureau or his or her
lawfully authorized designee
(f) Northern Marianas Youth Congress The expenditure authority is vested in
the Director of the Legislative Bureau with the consultation of the Speaker of the
Northern Mariana Islands Youth Congress
Section 704 Executive Branch
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SS1
1 There are hereby appropriated the following amounts to fund the personnel and
2 non-personnel expenses of the offices programs and activities of the Executive Branch
3 as listed below
4 FTE PERSONNEL OPERATIONS TOTAL
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29 30 i31
Office ofGov
Attorney General
Commerce
Comm amp Cult Affairs
Corrections
Finance
Labor
Lands amp Natural Res
Public Health
Public Safety
Public Works
Total
140
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32
88
96
163
44
98
485
258
129
1575 $45120729 $14184384 $59305113
Section 705 First Senatorial District Rota
(a) There is hereby appropriated the following amounts to fund the personnel
and non-personnel expenses as listed below of the First Senatorial District
Mayor
Municipal Coun
Commerce (econ Dev)
CampCA
Police (DPS)
Fire
Finance amp Actg
Revenue amp Tax
Customs
Procurement amp Supply
Labor
FTE PERSONNEL OPERATIONS
99
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8
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34
12
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6
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7
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
1 Agriculture 20
2 Historic Preservation 4
3 Lands Regisamp Survey 6
4 Fish amp Wildlife 5
5 Parks amp Recreation 4
6 Soil amp Water Consv
7 Rota Health Center 51
8 Dental Services 4
9 DPH Med Referral 5
10 Environmental Health 2
11 Public Works 23
12 Total 320 $5677593 $576487 $6256080
13 (b) The Rota Legislative Delegation shall determine by Local Delegation
14 Resolution the allocation of the funds appropriated for the First Senatorial District
15 (c) Except as provided in this section the Mayor ofRota shall have authority to
16 expend obligate encumber or otherwise commit the funds appropriated to the First
17 Senatorial District Notwithstanding any law to the contrary the Mayor of Rota shall
18 have 100 reprogramming authority of the funds appropriated in this Act
19 Appropriations to the Municipal Council shall be divided and distributed equally to
20 each member of the Municipal Council Each Municipal Council member shall be the
21 expenditure authority of funds distributed to himher Additionally in accord with the
22 Superior Courts decision in the case of Inos v Tenorio the Mayors shall also have
23 expenditure authority over resident government departments in the First and Second
24 senatorial districts respectively unless the Governor revokes expenditure authority in a
25 manner consistent with the Superior Courts holding in Inos v Tenorio to wit
26 expenditure authority over resident departments that are primarily concerned with the
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
delivery of public services can be revoked only on a prior showing of just cause but
the Governor has discretion to revoke expenditure authority over those departments
that are primarily concerned with enforcing the law
(c) Rota Health Center Three hundred forty thousand ($34000000) from the
First Senatorial Districts budget appropriation is hereby allocated to pay for
professional services for nurses technicians and other medical and auxiliary
professionals as needed including one mental health counselor in the amount of Thirty
Three Thousand Dollars ($3300000)
(d) DPS Cadets One hundred seven thousand seven hundred eighty
($10778000) from the First Senatorial Districts budget appropriation is hereby
allocated for five (5) Full Time Equivalents (FTEs) for the Rota Department of Public
Safety of the total 329 FTEs to fully fund the five (5) 2010 DPS Academy graduates
from the First District who shall be placed as FTEs within the Rota Department of
Public Safety Any shortfall for overtime retirement or benefits shall be borne by the
municipality
(e) Dentist Seventy-seven thousand two hundred dollars ($77200) from the
First Senatorial Districts budget appropriation is hereby allocated for one (1) Full
Time Equivalent (FTE) to hire a dentist
Section 706 Second Senatorial District - Tinian amp Aguiguan
(a) There is hereby appropriated the following amounts to fund the personnel
and non-personnel expenses of the Second Senatorial District as listed below
FTE PERSONNEL OPERATIONS TOTAL
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SS1
Mayor 112
Municipal Council 3
Commerce (econo dev) 4
Historic Preservation 2
CampCA 3
Customs 3
Finance amp Acctg 2
Procurement amp Supply 2
Revenue amp Tax
Labor 8
Agriculture 15
Fish amp Wildlife 2
Parks amp Recreation 5
Environmental Health 4
Dental Services 3
Tinian Health Center 49
Police (DPS) 45
Public Works ~
Total 268 $5179361 $1076719
20 (b) The Tinian and Aguiguan Legislative Delegation shall determine by Local
21 Delegation Resolution the allocation of the funds appropriated for the Second
22 Senatorial District
23 (c) The Mayor and the Chairperson of the Municipal Council shall have the
24 expenditure authority for appropriations for their respective offices except as provided
25 below Notwithstanding any law to the contrary the Mayor of Tinian amp Aguiguan shall
26 have 100 reprogramming authority of the funds appropriated in this Act Each
27 Municipal Council member shall allocate and provide for the expenditure of the funds
28 appropriated to the Council in accordance with the Official Rules of the Council
29 Additionally in accord with the Superior Courts decision in the case of Inos v
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 lID1 SS1
Tenorio the Mayors shall also have expenditure authority over resident government
2 departments in the First and Second senatorial districts respectively unless the
3 Governor revokes expenditure authority in a manner consistent with the Superior
4 Courts holding in Inos v Tenorio to wit expenditure authority over resident
5 departments that are primarily concerned with the delivery of public services can be
6 revoked only on a prior showing of just cause but the Governor has discretion to
7 revoke expenditure authority over those departments that are primarily concerned with
8 enforcing the law
9 (d) Tinian Health Center Four hundred twenty seven thousand seven hundred
10 twenty seven and eighty one ($42772781) from the Second Senatorial Districts
11 budget appropriation is hereby allocated to pay for the direct hiring of nurses ancillary
12 staff and other needed administrative adjustments on personnel matters
13 (e) Tinian Municipal Council One hundred twenty three thousand four
14 hundred three ($123403) All Others appropriation of the Municipal Council is
15 hereby allocated as follows (1) $15000 for office rental and administrative purposes
16 and (2) $108403 for community projects and other functions ofwhich $75000 shall be
17 allocated to the chairman and the remaining balance shall be divided equally among the
18 other two members who shall be the expenditure authority of such funds
19 (f) Tinian Commerce Thirty eight thousand one hundred forty one ($38141)
20 is hereby allocated under AU Others for operations and office supplies
Section707 Third Senatorial District - Mayor ofSaipan Mayor of the Northern
Islands and Saipan and Northern Islands Municipal Council
PUBLIC LAW NO 17-21 HOUSE BILL l7~l23 HDl SSl
1 (a) There is hereby appropriated the following amounts to fund the personnel
2 and non-personnel expenses of the municipal governments of Saipan and the Northern
3 Islands as listed below
4 FTE PERSONNEL OPERATIONS TOTAL
5 Saipan Mayor 48 $875509 $248240 $1123257 6 NI Mayor 11 $192849 $86716 $279565
7 Saipan Mun Council 1 $34076 $27447 $61523
8 Total 60 $1102434 $362411 $1464845
9 (b) The Mayor of Saipan the Mayor of the Northern Islands and the
10 Chairperson of the Municipal Council for Saipan and the Northern Islands shall be the
11 expenditure authority for appropriations for their respective offices Notwithstanding
12 any law to the contrary the Mayors of Saipan and the Northern Islands respectively
13 shall have 100 reprogramming authority of the funds appropriated in this Act
14 Section 708 Autonomous Agencies
15 (a) There is hereby appropriated the following amounts to fund the following
16 autonomous agencies as listed below
17 FTE PERSONNEL OPERATIONS TOTAL
18 NMC 160 $4099229 $364235 $4464464
MVA 36 $832531 $1780496 $2611027
ajlst amp and SeRaterl Dist $369999 $36886611gtfif~tll~fu0 PSS ll13 $28521990 $2617529 $31140519f-AP( 21
22 BOE 2 $1372685 $26643 ~164~28
23 Total 1312 $33591435 $5148903 $38740338
24 (b) Northern Marianas College
25 (1) The president of the Northern Marianas College shall be the
26 expenditure authority of the appropriated funds
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
pfiuv~I tys
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(c) Marianas Visitors Authority
(1) The chairman of the Board of Directors of the Marianas Visitors
Authority shall be the expenditure authority ofthe appropriated funds
(2) Tlnee hundted sixty thousand ($360000) of the All OthelS
appropriation ofth Malianas Visitors Burau sball allocatd as follows
(i) One httndred 1vveftty thousRJJd ($120000) to susidiZle the
eftartef flights from Japan to Rota under the eKpndinY=e authority of the
Cbairman oftbe Marianas Visitors AQtborityen
(ii) One bll1dred Pyenellty tbollSaad ($120000) to promote and
market Tinian as a tourist destinatioR under the expenditure ffitthority of
the Chairman of the Mwianas Visitors Authoriry ctnd
(iii) 000 hundred tlJlnty thousand ($120000) to pay the
outstandiag KllT aGGount for completed Gbafter flights from Japan to
RotH under the expenditUfe authority of the Chairman of the Marianas
Visitor s 1AzYtbor~[
(d) Public School System
(1) The expenditure authority shall be the Commissioner of Education
or hislher designee
(2) No part of funds appropriated to BU 1607 the Public School
System shall be used to pay for any expense including but not limited to travel
or reimbursement of the Board of Education its board members and staff
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SS1
1 (e) Board of Education The chairperson of the Board of Education shall be the
2 expenditure authority of the appropriated funds
3 Section 709 Boards and Commissions
4 (a) There is hereby appropriated the following amounts to fund the following
5 boards and commissions as listed below
FTE PERSONNEL OPERATIONS
BPL
Civil Servo Comm
Election Comm
Total
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4
1 14
$88732
$164803
$1762806
$430341
$13264
$2183
$932819
$109266
11 Section 710 Independent Programs
12 There is hereby appropriated the following amounts to fund the following
13 independent programs and activities as listed below
14 FTE PERSONNEL OPERATIONS TOTAL
15 Ayuda Network 18417 18417
16 Commonwealth Museum 4 96395 40140 136535
17 Domestic Violence 36834 36834
18 Humanities Council 4604 4604
19 JoetenlKiyu Public Library 7 128933 39674 168607
20 Marianas Bound - Karidat 54147 54147
21 Micronesian Legal Legal Services - 18417 18417
22 Nat Govs Assoc 40518 40518
23 Public Assis Program 17577 17577
24 Govt Utilities 7539509 7539509
25 Judgment 76258 76258
26 La Fiesta Lease 200000 200000
27 Aetna R-Off amp Ret -- 1463483 0 1463483
28 Total 11 1688811 8492643 10181454
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
(a) Joeten-Kiyu Public Library The expenditure authority shall be the
chairperson of the Commonwealth Library Council
(b) Public Assistance - Matching Funds The expenditure authority shall be
the Governor or his designee
(c) Judgments against the Government The expenditure authority shall be the
Secretary of Finance in consultation with the Attorney General
(d) Commonwealth Museum The chairperson of the Board of Governors of
the Commonwealth Museum or hislher designee shall be the expenditure authority
(e) Ayuda Network The expenditure authority shall be the chairperson of the
board of directors
(f) KARlDAT The executive director of Marianas Bound (KARlDAT) shall
be the expenditure authority
(g) Micronesian Legal Services The executive director of the Micronesian
Legal Services Corporation shall be the expenditure authority
(h) For programs and activities not specifically mentioned the expenditure
authority shall be the Secretary of Finance
Section 711 Other Programs
(a) There is hereby appropriated the following amounts to the following other
programs as listed below
FTE PERSONNEL OPERATIONS TOTAL
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23
NMIOICC
Ret Pension GovLtGov
Ret PL5-3 (COLA)
1 $27476
$147506
o o
413276
$27476
$147506
$413276
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
1 Workers Comp Comm ~ $121061 129648 $250709
2 Total 6 $297751 $541216 $838967
3 Section 712 Department of Public Lands
4 (a) Pursuant to Section 103 of Public Law 15-2 $2820886 is appropriated to
5 the Department of Public Lands as follows
6 Personnel $1765104
7 Operations $1055782
8 Total $2820886
9 FTE Ceiling 65
10 No funds received or collected by or remitted to the Department of Public Lands
11 pursuant to Public Law 15-2 that are in excess of the amount appropriated in this
12 section may be reprogrammed or expended absent legislative appropriation or in
13 violation of the Constitution
14 Section 713 Reporting Requirements The expenditure authorities of the
15 foregoing activities listed in Chapter VII shall submit to the presiding officers of the
16 legislature at the end of each quarter an itemized report on the expenditures for
17 personnel and operations of each government entity and the payments of the public
18 auditors fee for the quarter ended and if applicable year-to-date totals as of the close
19 of the reporting period
20 Section 714 Compact Impact Funds
middot21 Compact Impact funds shall be used III accordance with the terms and
22 conditions set forth in the Grant Agreement and shall be used to defray qualified
23 expenses for the following activities
24 (a) Office of Public Defender $ 37151
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HDt SSI
1 (b) Dept of Community amp Cultural Affairs
2 (c) Dept of Corrections
3 (d) Dept of Public Health
4 (e) Department of Public Safety
5 Total
6 Section 715 Outside Sources
$ 44616
$ 154698
$ 536744
$ 1157234
$1930443
7 (a) Notwithstanding any law to the contrary the Governor is authorized to
8 transfer qualified operational expenses to available and unencumbered outside general
9 fund accounts not to exceed $3500000 which are hereby appropriated to pay for such
10 expenses
11 CHAPTER VIII GENERAL PROVISIONS
12 Section 801 Severability If any provision of this Act or its application to any
13 person or circumstance is held invalid the invalidity does not affect other provisions
14 or applications of the Act which can be given effect without the invalid provision or
middot15 applications and to this end the provisions ofthis Act are severable
16 Section 802 Savings Clause This Act and any repealer contained herein shall
middot17 not be construed as affecting any existing right acquired under contract or acquired
18 under statutes repealed or under any rule regulation or order adopted under the statutes
middot19 Repealers contained in this Act shall not affect any proceeding instituted under or
ao pursuant to prior law The enactment of this Act shall not have the effect of terminating
21 or in any way modifying any liability civil or criminal which shall already be in
22 existence at the date this Act becomes effective
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HDl SSI
1 Section 803 Effective Date This Act shall become law upon its approval by the
2 Governor or it becoming law without such approvaL
House Clerk
Certiiedby ~~f OILAN C ORiOSPEAKER
this
Governor
2010
Commonwealth ofthe Northern Mariana Islands
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SS1
(a) The distribution and expenditure of funds shall be in compliance with
the fiscal expenditure authority the listed agencies have pursuant to statute and the
administrative provisions of this Act as set forth herein
(b) Except as provided in this Act the funds appropriated pursuant to this
Act shall be expended by the respective expenditure authority pursuant to 1 CMC
sectsect 7401 and 7503
(c) For the Ground Water Management and Protection Act Fund
expenditure authority is vested in the Director of the Division of Environmental
Quality
(d) For all government agencies receiving appropriated funds for
personnel or staff housing administrative and expenditure authority over housing
and accompanying funds including but not limited to approval of lease
agreements is vested in the appropriate agency officials designated by law as
having expenditure authority
(e) For the Domestic Violence Task Force expenditure authority is vested
in the Family Violence Task Force chairperson with concurrence of the Family
Violence Task Force coordinator
(f) For Crime Stoppers International the chairperson of the board of the
directors shall be the expenditure authority
(g) For Independent Programs unless otherwise provided in this Act or in
any other provision of law expenditure authority shall be vested in the Secretary
ofFinance
23 CHAPTER V REPROGRAMMING AUTHORITY
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 lID1 SSI
Section 501 Reprogramming Authority
2 (a) Unless otherwise specified in this act authority to reprogram
3 appropriated funds shall be as provided under I CMC sectsect 7402 and 7504
4 (b) Provided however 1 CMC sectsect 7402 (b) is hereby suspended for the
5 period of this Act Governor shall have 100 reprogramming authority on funds
6 appropriated under Section 704 of this Act
7 (c) Notwithstanding any law to the contrary the Governors authority to
8 reprogram funds under this section shall include the authority to reprogram funds
9 available to all public corporations agencies and entities of the Commonwealth
10 Government upon approval by joint approval ofthe legislature provided that such
11 funds are not restricted from reprogramming by federal law federal grant
12 conditions Commonwealth constitutional prohibitions and deposit and other
13 security restrictions related to bond covenants and the financing of public
14 projects
15 CHAPTER VI SUPPLEMENTAL ADMINISTRATIVE PROVISIONS
16 Section 601 Utilities The amount of $7539509 included in the
17 Independent Programs shall be appropriated for the payment of utilities for the
18 branches departments and agencies of the Commonwealth government except
19 the business units listed in Section 103(b)(7) and the Public School System and
20 the Northern Marianas College
-21 Section 602 Hiring Restriction
22 (a) As long as work hours and wages are reduced no vacancies shall be
23 filled except for critical and emergency positions provided that until a law is
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
passed defining critical and emergency positions said critical and emergency
2 positions must be approved by joint approval of the legislature
3 (b) In order to reduce the size of the Government except for the Public
4 School System the Northern Marianas College and health care professionals of
5 the Department of Public Health and Environmental Services any FTE (full-time
6 equivalent) that becomes vacant shall be eliminated The renewal of the contract
7 for an existing employee shall not be considered creating a vacant position If a
8 new position or vacant position is necessary to be filled to protect the health
9 safety and welfare of the public the expenditure authority may request the
10 Legislature to establish a new FTE by joint resolution The appropriations set
11 forth in Section 704 are contingent on this section remaining in this Appropriation
12 Act
13 Section 603 Litigation Expenditures Restricted
14 Except for the governor the attorney general the chief justice of the
15 Commonwealth supreme court presiding officers of the legislature mayors and
16 municipal councils and notwithstanding any law to the contrary no agency
17 expenditure authority may use any part of their appropriations in connection with
18 prosecuting a legal matter against another agency unless authorized by the chief
19 justice in the case of agencies within the judicial branch the governor in the case
20 of agencies within the executive branch and the presiding officers in the case of
21 agencies within the legislative branch and mayors in the case of agencies under
22 their authority The terms agency and agencies as used in this section shall be
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HDl SSI
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1 liberally construed to include all instrumentalities and subdivisions of the
2 Commonwealth Government
Section 604 Public Auditors Fee
The Public Auditors Fee is 1 (one percent) of the total appropriations
for each instrumentality department agency corporation and budget activity of
the CNMI Government Notwithstanding any other provision of law any lapsed
funds from the Office of Public Auditor shall be applied to CNMI deficit
reduction only Agencies that are not funded by the general fund listed in section
301 (a)-(h) shall remit their respective fee on a monthly basis to the Department
ofFinance
Section 605 Legal Holidays
(a) The following laws and regulations providing for payment of legal
holidays are repealed during fiscal year 2011
1 CMC sect312 and sect313
Title 10 NMIAC sect10-lO-135G) (Excepted Service)
Title 10 NMIAC sectlO-202-346 (Civil Service Executive Branch)
Title lO NMIAC sect lO-30-344 (Civil Service Judicial Branch)
Title 40 NMIAC sect40-40-425 (Commonwealth Ports Authority)
Title 60 NMIAC sect60-301-444 (Public School System)
Title 100 NMIAC sect 100-50-430 (Northern Marianas Housing
Corporation)
Title 120 NMIAC sect120-lO-230 (Excepted Service) and
Title 130 NMIAC 130-20-330 (Office of the Public Auditor)
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HDl SSI
1 (b) Any employee required to work on a legal holiday shall be paid hislher
2 regular salary
3 (c) From the legal holidays listed in 1 CMC sect311 the Governor may
4 select one or more legal holidays for fiscal year 2011 for which employees shall
5 receive leave with pay
6 (d) Although leave with pay is not required for legal holidays during
7 Fiscal Year 2011 expenditure authorities may grant leave with pay for their
8 employees if they have available funds in their personnel account
9 CHAPTER VII APPROPRIATIONS
10 Section 701 In General
11 (a) Funds designated in Chapter II as available for appropriation for FY 2011
12 are hereby appropriated pursuant to this Chapter
13 (b) A business units FTE ceiling shall be established in this Chapter No
14 business unit shall exceed its FTE ceiling unless authorized by this Act or joint
15 resolution of the legislature
16 (c) Reduction in the Level of Appropriations In order to provide expenditure
17 authorities with flexibility in determining the allocation of funding for their operations
18 expenditure authorities must reduce their expenditures to achieve the level of
19 appropriation under this Act
20 Expenditure authorities may reduce previous levels ofexpenditure by
21 (1) A reduction in work hours
22 (2) A reduction in wages
23 (3) Furlough
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
1 (4) A reduction in force
2 (5) A reduction in expenditures for all others or
3 (6) A combination of reductions under subsections (1) through (5)
4 (d) The reduction in work hours shall not exceed 16 hours per bi-weekly pay
5 period If sufficient additional resources are not identified during the first quarter of
6 FY 2011 to allow an increase in work hours the reduction in work hours may be
7 continued
8 (e) Suspension of Restrictions on Reprogramming To provide for the
9 reprogramming between personnel and non-personnel accounts 1 CMC sect7402(c) is
10 suspended for the period that this Act is in effect
11 (f) Provided however that during the period of this Act no funds shall be I I
12 reprogrammed from non-personnel accounts to personnel accounts to increase any
13 salaries from its current level
14 Section 702 Judicial Branch
15 (a) There is hereby appropriated the following amounts to fund the personnel
16 and non-personnel expenses as listed below of the Judicial branch
17 FTE PERSONNEL OPERATIONS TOTAL
18 Supreme Court 11 792333 3639 795972
19 Superior Court 45 1714552 160961 1875513
20 Administration 13 295435 217240 512675
21 Law Revision Comm 5 132442 6245 138687
22 TOTAL 74 $2934762 $388085 $3322847
23 Section 703 Legislative Branch
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
1 (a) In accordance with Article II sect16(b) and (c) of the NMI Constitution as
2 amended by Legislative Initiative 10-8 the following amounts are hereby appropriated
3 to fund the personnel retirement contribution and non-personnel expenses as listed
4 below of the Legislative branch
5 FTE PERSONNEL OPERATIONS TOTAL
6 House Members Salary 20 954597 954597
7 House Members Allocation 100 1700000 1700000
8 House Leadership Allocation 138000 138000
9 Senate 9 431141 431141
10 Senate Members Allocation 45 765000 765000
11 Senate Leadership Allocation 138000 138000
12 Legislative Bureau 28 1274764 167000 1441764
13 CNMI Youth Congress 1 21167 20000 41167
14 TOTAL 203 $2681669 $2928000 $5609669
15 (b) Salaries of Legislative Members
16 (1) The amount appropriated under this section to the House of
17 Representatives under personnel shall be used to fund the salaries and
18 benefits of the members of the House of Representatives The expenditure
19 authority for the amounts appropriated shall be the Secretary of Finance
20 (2) The amount appropriated under this section to the Senate under
21 personnel shall be used to fund the salaries and benefits of the members of the
22 Senate The expenditure authority for the amounts appropriated shall be the
23 Secretary of Finance
24 (c) House Members Office Accounts and Employees
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
(1) The Department of Finance shall establish and assign a number to a
new business unit account entitled House Members Office Accounts for the
appropriation for House Members Allocation Another new business unit
account entitled Senate Members Office Accounts for the appropriation for
Senate Members Allocation Under each of these said accounts an equal
amount of the appropriation shall be allocated to subaccount further established
thereunder for each member of the respective house for the operations of the
members office as permitted under section 16 of article II of the CNMI
Constitution applicable laws and the rules of the legislative body to which the
member was elected
(2) Notwithstanding 1 CMC sect7401(c) to the contrary each member
shall be the expenditure authority of the funds allocated to their individual sub-
account
(3) Funds allocated for the operation of the members office including
but not limited to the personnel costs of the members employees and
expenditures as authorized by the adopted rules of the Senate in the case of the
Senate member or the adopted rules ofthe House of Representatives in the case
of a House member such as a monthly stipend to defray travel and incidental
expenses for the purpose of attending to legislative business outside the
members senatorial district
(4) Allocation ofFTEs among House members shall be governed by the
rules of the House
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
(5) Allocation of FTEs among Senate members shall be governed by
the rules of the Senate
(d) Senate and House Leadership Accounts
(1) The Department of Finance shall establish and assign a number to
two new business unit accounts one entitled House Leadership Account for
the appropriation in the amount of $138000 under All Others and another
new business unit account entitled Senate Leadership Account for the
appropriation in the amount of $138000 under All Others
(2) The presiding officer of each respective house or his lawfully
authorized designee shall be the expenditure authority and shall use such funds
to support the operations and activities of the House of Representatives and
Senate in accordance with its rules provided that the presiding officer
distributes a portion of the total appropriation in equal amounts to all the
standing committees for their operations and activities
(e) Legislative Bureau The expenditure authority of the funds appropriated for
the Legislative Bureau shall be the Director of the Legislative Bureau or his or her
lawfully authorized designee
(f) Northern Marianas Youth Congress The expenditure authority is vested in
the Director of the Legislative Bureau with the consultation of the Speaker of the
Northern Mariana Islands Youth Congress
Section 704 Executive Branch
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SS1
1 There are hereby appropriated the following amounts to fund the personnel and
2 non-personnel expenses of the offices programs and activities of the Executive Branch
3 as listed below
4 FTE PERSONNEL OPERATIONS TOTAL
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
21
22
23
24
25
26
27
28
29 30 i31
Office ofGov
Attorney General
Commerce
Comm amp Cult Affairs
Corrections
Finance
Labor
Lands amp Natural Res
Public Health
Public Safety
Public Works
Total
140
42
32
88
96
163
44
98
485
258
129
1575 $45120729 $14184384 $59305113
Section 705 First Senatorial District Rota
(a) There is hereby appropriated the following amounts to fund the personnel
and non-personnel expenses as listed below of the First Senatorial District
Mayor
Municipal Coun
Commerce (econ Dev)
CampCA
Police (DPS)
Fire
Finance amp Actg
Revenue amp Tax
Customs
Procurement amp Supply
Labor
FTE PERSONNEL OPERATIONS
99
11
8
10
34
12
3
3
6
2
7
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
1 Agriculture 20
2 Historic Preservation 4
3 Lands Regisamp Survey 6
4 Fish amp Wildlife 5
5 Parks amp Recreation 4
6 Soil amp Water Consv
7 Rota Health Center 51
8 Dental Services 4
9 DPH Med Referral 5
10 Environmental Health 2
11 Public Works 23
12 Total 320 $5677593 $576487 $6256080
13 (b) The Rota Legislative Delegation shall determine by Local Delegation
14 Resolution the allocation of the funds appropriated for the First Senatorial District
15 (c) Except as provided in this section the Mayor ofRota shall have authority to
16 expend obligate encumber or otherwise commit the funds appropriated to the First
17 Senatorial District Notwithstanding any law to the contrary the Mayor of Rota shall
18 have 100 reprogramming authority of the funds appropriated in this Act
19 Appropriations to the Municipal Council shall be divided and distributed equally to
20 each member of the Municipal Council Each Municipal Council member shall be the
21 expenditure authority of funds distributed to himher Additionally in accord with the
22 Superior Courts decision in the case of Inos v Tenorio the Mayors shall also have
23 expenditure authority over resident government departments in the First and Second
24 senatorial districts respectively unless the Governor revokes expenditure authority in a
25 manner consistent with the Superior Courts holding in Inos v Tenorio to wit
26 expenditure authority over resident departments that are primarily concerned with the
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
delivery of public services can be revoked only on a prior showing of just cause but
the Governor has discretion to revoke expenditure authority over those departments
that are primarily concerned with enforcing the law
(c) Rota Health Center Three hundred forty thousand ($34000000) from the
First Senatorial Districts budget appropriation is hereby allocated to pay for
professional services for nurses technicians and other medical and auxiliary
professionals as needed including one mental health counselor in the amount of Thirty
Three Thousand Dollars ($3300000)
(d) DPS Cadets One hundred seven thousand seven hundred eighty
($10778000) from the First Senatorial Districts budget appropriation is hereby
allocated for five (5) Full Time Equivalents (FTEs) for the Rota Department of Public
Safety of the total 329 FTEs to fully fund the five (5) 2010 DPS Academy graduates
from the First District who shall be placed as FTEs within the Rota Department of
Public Safety Any shortfall for overtime retirement or benefits shall be borne by the
municipality
(e) Dentist Seventy-seven thousand two hundred dollars ($77200) from the
First Senatorial Districts budget appropriation is hereby allocated for one (1) Full
Time Equivalent (FTE) to hire a dentist
Section 706 Second Senatorial District - Tinian amp Aguiguan
(a) There is hereby appropriated the following amounts to fund the personnel
and non-personnel expenses of the Second Senatorial District as listed below
FTE PERSONNEL OPERATIONS TOTAL
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SS1
Mayor 112
Municipal Council 3
Commerce (econo dev) 4
Historic Preservation 2
CampCA 3
Customs 3
Finance amp Acctg 2
Procurement amp Supply 2
Revenue amp Tax
Labor 8
Agriculture 15
Fish amp Wildlife 2
Parks amp Recreation 5
Environmental Health 4
Dental Services 3
Tinian Health Center 49
Police (DPS) 45
Public Works ~
Total 268 $5179361 $1076719
20 (b) The Tinian and Aguiguan Legislative Delegation shall determine by Local
21 Delegation Resolution the allocation of the funds appropriated for the Second
22 Senatorial District
23 (c) The Mayor and the Chairperson of the Municipal Council shall have the
24 expenditure authority for appropriations for their respective offices except as provided
25 below Notwithstanding any law to the contrary the Mayor of Tinian amp Aguiguan shall
26 have 100 reprogramming authority of the funds appropriated in this Act Each
27 Municipal Council member shall allocate and provide for the expenditure of the funds
28 appropriated to the Council in accordance with the Official Rules of the Council
29 Additionally in accord with the Superior Courts decision in the case of Inos v
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 lID1 SS1
Tenorio the Mayors shall also have expenditure authority over resident government
2 departments in the First and Second senatorial districts respectively unless the
3 Governor revokes expenditure authority in a manner consistent with the Superior
4 Courts holding in Inos v Tenorio to wit expenditure authority over resident
5 departments that are primarily concerned with the delivery of public services can be
6 revoked only on a prior showing of just cause but the Governor has discretion to
7 revoke expenditure authority over those departments that are primarily concerned with
8 enforcing the law
9 (d) Tinian Health Center Four hundred twenty seven thousand seven hundred
10 twenty seven and eighty one ($42772781) from the Second Senatorial Districts
11 budget appropriation is hereby allocated to pay for the direct hiring of nurses ancillary
12 staff and other needed administrative adjustments on personnel matters
13 (e) Tinian Municipal Council One hundred twenty three thousand four
14 hundred three ($123403) All Others appropriation of the Municipal Council is
15 hereby allocated as follows (1) $15000 for office rental and administrative purposes
16 and (2) $108403 for community projects and other functions ofwhich $75000 shall be
17 allocated to the chairman and the remaining balance shall be divided equally among the
18 other two members who shall be the expenditure authority of such funds
19 (f) Tinian Commerce Thirty eight thousand one hundred forty one ($38141)
20 is hereby allocated under AU Others for operations and office supplies
Section707 Third Senatorial District - Mayor ofSaipan Mayor of the Northern
Islands and Saipan and Northern Islands Municipal Council
PUBLIC LAW NO 17-21 HOUSE BILL l7~l23 HDl SSl
1 (a) There is hereby appropriated the following amounts to fund the personnel
2 and non-personnel expenses of the municipal governments of Saipan and the Northern
3 Islands as listed below
4 FTE PERSONNEL OPERATIONS TOTAL
5 Saipan Mayor 48 $875509 $248240 $1123257 6 NI Mayor 11 $192849 $86716 $279565
7 Saipan Mun Council 1 $34076 $27447 $61523
8 Total 60 $1102434 $362411 $1464845
9 (b) The Mayor of Saipan the Mayor of the Northern Islands and the
10 Chairperson of the Municipal Council for Saipan and the Northern Islands shall be the
11 expenditure authority for appropriations for their respective offices Notwithstanding
12 any law to the contrary the Mayors of Saipan and the Northern Islands respectively
13 shall have 100 reprogramming authority of the funds appropriated in this Act
14 Section 708 Autonomous Agencies
15 (a) There is hereby appropriated the following amounts to fund the following
16 autonomous agencies as listed below
17 FTE PERSONNEL OPERATIONS TOTAL
18 NMC 160 $4099229 $364235 $4464464
MVA 36 $832531 $1780496 $2611027
ajlst amp and SeRaterl Dist $369999 $36886611gtfif~tll~fu0 PSS ll13 $28521990 $2617529 $31140519f-AP( 21
22 BOE 2 $1372685 $26643 ~164~28
23 Total 1312 $33591435 $5148903 $38740338
24 (b) Northern Marianas College
25 (1) The president of the Northern Marianas College shall be the
26 expenditure authority of the appropriated funds
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
pfiuv~I tys
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(c) Marianas Visitors Authority
(1) The chairman of the Board of Directors of the Marianas Visitors
Authority shall be the expenditure authority ofthe appropriated funds
(2) Tlnee hundted sixty thousand ($360000) of the All OthelS
appropriation ofth Malianas Visitors Burau sball allocatd as follows
(i) One httndred 1vveftty thousRJJd ($120000) to susidiZle the
eftartef flights from Japan to Rota under the eKpndinY=e authority of the
Cbairman oftbe Marianas Visitors AQtborityen
(ii) One bll1dred Pyenellty tbollSaad ($120000) to promote and
market Tinian as a tourist destinatioR under the expenditure ffitthority of
the Chairman of the Mwianas Visitors Authoriry ctnd
(iii) 000 hundred tlJlnty thousand ($120000) to pay the
outstandiag KllT aGGount for completed Gbafter flights from Japan to
RotH under the expenditUfe authority of the Chairman of the Marianas
Visitor s 1AzYtbor~[
(d) Public School System
(1) The expenditure authority shall be the Commissioner of Education
or hislher designee
(2) No part of funds appropriated to BU 1607 the Public School
System shall be used to pay for any expense including but not limited to travel
or reimbursement of the Board of Education its board members and staff
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SS1
1 (e) Board of Education The chairperson of the Board of Education shall be the
2 expenditure authority of the appropriated funds
3 Section 709 Boards and Commissions
4 (a) There is hereby appropriated the following amounts to fund the following
5 boards and commissions as listed below
FTE PERSONNEL OPERATIONS
BPL
Civil Servo Comm
Election Comm
Total
3
4
1 14
$88732
$164803
$1762806
$430341
$13264
$2183
$932819
$109266
11 Section 710 Independent Programs
12 There is hereby appropriated the following amounts to fund the following
13 independent programs and activities as listed below
14 FTE PERSONNEL OPERATIONS TOTAL
15 Ayuda Network 18417 18417
16 Commonwealth Museum 4 96395 40140 136535
17 Domestic Violence 36834 36834
18 Humanities Council 4604 4604
19 JoetenlKiyu Public Library 7 128933 39674 168607
20 Marianas Bound - Karidat 54147 54147
21 Micronesian Legal Legal Services - 18417 18417
22 Nat Govs Assoc 40518 40518
23 Public Assis Program 17577 17577
24 Govt Utilities 7539509 7539509
25 Judgment 76258 76258
26 La Fiesta Lease 200000 200000
27 Aetna R-Off amp Ret -- 1463483 0 1463483
28 Total 11 1688811 8492643 10181454
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2
3
4
5
6
7
8
9
10
11
12
13
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
(a) Joeten-Kiyu Public Library The expenditure authority shall be the
chairperson of the Commonwealth Library Council
(b) Public Assistance - Matching Funds The expenditure authority shall be
the Governor or his designee
(c) Judgments against the Government The expenditure authority shall be the
Secretary of Finance in consultation with the Attorney General
(d) Commonwealth Museum The chairperson of the Board of Governors of
the Commonwealth Museum or hislher designee shall be the expenditure authority
(e) Ayuda Network The expenditure authority shall be the chairperson of the
board of directors
(f) KARlDAT The executive director of Marianas Bound (KARlDAT) shall
be the expenditure authority
(g) Micronesian Legal Services The executive director of the Micronesian
Legal Services Corporation shall be the expenditure authority
(h) For programs and activities not specifically mentioned the expenditure
authority shall be the Secretary of Finance
Section 711 Other Programs
(a) There is hereby appropriated the following amounts to the following other
programs as listed below
FTE PERSONNEL OPERATIONS TOTAL
22
23
NMIOICC
Ret Pension GovLtGov
Ret PL5-3 (COLA)
1 $27476
$147506
o o
413276
$27476
$147506
$413276
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
1 Workers Comp Comm ~ $121061 129648 $250709
2 Total 6 $297751 $541216 $838967
3 Section 712 Department of Public Lands
4 (a) Pursuant to Section 103 of Public Law 15-2 $2820886 is appropriated to
5 the Department of Public Lands as follows
6 Personnel $1765104
7 Operations $1055782
8 Total $2820886
9 FTE Ceiling 65
10 No funds received or collected by or remitted to the Department of Public Lands
11 pursuant to Public Law 15-2 that are in excess of the amount appropriated in this
12 section may be reprogrammed or expended absent legislative appropriation or in
13 violation of the Constitution
14 Section 713 Reporting Requirements The expenditure authorities of the
15 foregoing activities listed in Chapter VII shall submit to the presiding officers of the
16 legislature at the end of each quarter an itemized report on the expenditures for
17 personnel and operations of each government entity and the payments of the public
18 auditors fee for the quarter ended and if applicable year-to-date totals as of the close
19 of the reporting period
20 Section 714 Compact Impact Funds
middot21 Compact Impact funds shall be used III accordance with the terms and
22 conditions set forth in the Grant Agreement and shall be used to defray qualified
23 expenses for the following activities
24 (a) Office of Public Defender $ 37151
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HDt SSI
1 (b) Dept of Community amp Cultural Affairs
2 (c) Dept of Corrections
3 (d) Dept of Public Health
4 (e) Department of Public Safety
5 Total
6 Section 715 Outside Sources
$ 44616
$ 154698
$ 536744
$ 1157234
$1930443
7 (a) Notwithstanding any law to the contrary the Governor is authorized to
8 transfer qualified operational expenses to available and unencumbered outside general
9 fund accounts not to exceed $3500000 which are hereby appropriated to pay for such
10 expenses
11 CHAPTER VIII GENERAL PROVISIONS
12 Section 801 Severability If any provision of this Act or its application to any
13 person or circumstance is held invalid the invalidity does not affect other provisions
14 or applications of the Act which can be given effect without the invalid provision or
middot15 applications and to this end the provisions ofthis Act are severable
16 Section 802 Savings Clause This Act and any repealer contained herein shall
middot17 not be construed as affecting any existing right acquired under contract or acquired
18 under statutes repealed or under any rule regulation or order adopted under the statutes
middot19 Repealers contained in this Act shall not affect any proceeding instituted under or
ao pursuant to prior law The enactment of this Act shall not have the effect of terminating
21 or in any way modifying any liability civil or criminal which shall already be in
22 existence at the date this Act becomes effective
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HDl SSI
1 Section 803 Effective Date This Act shall become law upon its approval by the
2 Governor or it becoming law without such approvaL
House Clerk
Certiiedby ~~f OILAN C ORiOSPEAKER
this
Governor
2010
Commonwealth ofthe Northern Mariana Islands
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 lID1 SSI
Section 501 Reprogramming Authority
2 (a) Unless otherwise specified in this act authority to reprogram
3 appropriated funds shall be as provided under I CMC sectsect 7402 and 7504
4 (b) Provided however 1 CMC sectsect 7402 (b) is hereby suspended for the
5 period of this Act Governor shall have 100 reprogramming authority on funds
6 appropriated under Section 704 of this Act
7 (c) Notwithstanding any law to the contrary the Governors authority to
8 reprogram funds under this section shall include the authority to reprogram funds
9 available to all public corporations agencies and entities of the Commonwealth
10 Government upon approval by joint approval ofthe legislature provided that such
11 funds are not restricted from reprogramming by federal law federal grant
12 conditions Commonwealth constitutional prohibitions and deposit and other
13 security restrictions related to bond covenants and the financing of public
14 projects
15 CHAPTER VI SUPPLEMENTAL ADMINISTRATIVE PROVISIONS
16 Section 601 Utilities The amount of $7539509 included in the
17 Independent Programs shall be appropriated for the payment of utilities for the
18 branches departments and agencies of the Commonwealth government except
19 the business units listed in Section 103(b)(7) and the Public School System and
20 the Northern Marianas College
-21 Section 602 Hiring Restriction
22 (a) As long as work hours and wages are reduced no vacancies shall be
23 filled except for critical and emergency positions provided that until a law is
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
passed defining critical and emergency positions said critical and emergency
2 positions must be approved by joint approval of the legislature
3 (b) In order to reduce the size of the Government except for the Public
4 School System the Northern Marianas College and health care professionals of
5 the Department of Public Health and Environmental Services any FTE (full-time
6 equivalent) that becomes vacant shall be eliminated The renewal of the contract
7 for an existing employee shall not be considered creating a vacant position If a
8 new position or vacant position is necessary to be filled to protect the health
9 safety and welfare of the public the expenditure authority may request the
10 Legislature to establish a new FTE by joint resolution The appropriations set
11 forth in Section 704 are contingent on this section remaining in this Appropriation
12 Act
13 Section 603 Litigation Expenditures Restricted
14 Except for the governor the attorney general the chief justice of the
15 Commonwealth supreme court presiding officers of the legislature mayors and
16 municipal councils and notwithstanding any law to the contrary no agency
17 expenditure authority may use any part of their appropriations in connection with
18 prosecuting a legal matter against another agency unless authorized by the chief
19 justice in the case of agencies within the judicial branch the governor in the case
20 of agencies within the executive branch and the presiding officers in the case of
21 agencies within the legislative branch and mayors in the case of agencies under
22 their authority The terms agency and agencies as used in this section shall be
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HDl SSI
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6
7
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1 liberally construed to include all instrumentalities and subdivisions of the
2 Commonwealth Government
Section 604 Public Auditors Fee
The Public Auditors Fee is 1 (one percent) of the total appropriations
for each instrumentality department agency corporation and budget activity of
the CNMI Government Notwithstanding any other provision of law any lapsed
funds from the Office of Public Auditor shall be applied to CNMI deficit
reduction only Agencies that are not funded by the general fund listed in section
301 (a)-(h) shall remit their respective fee on a monthly basis to the Department
ofFinance
Section 605 Legal Holidays
(a) The following laws and regulations providing for payment of legal
holidays are repealed during fiscal year 2011
1 CMC sect312 and sect313
Title 10 NMIAC sect10-lO-135G) (Excepted Service)
Title 10 NMIAC sectlO-202-346 (Civil Service Executive Branch)
Title lO NMIAC sect lO-30-344 (Civil Service Judicial Branch)
Title 40 NMIAC sect40-40-425 (Commonwealth Ports Authority)
Title 60 NMIAC sect60-301-444 (Public School System)
Title 100 NMIAC sect 100-50-430 (Northern Marianas Housing
Corporation)
Title 120 NMIAC sect120-lO-230 (Excepted Service) and
Title 130 NMIAC 130-20-330 (Office of the Public Auditor)
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HDl SSI
1 (b) Any employee required to work on a legal holiday shall be paid hislher
2 regular salary
3 (c) From the legal holidays listed in 1 CMC sect311 the Governor may
4 select one or more legal holidays for fiscal year 2011 for which employees shall
5 receive leave with pay
6 (d) Although leave with pay is not required for legal holidays during
7 Fiscal Year 2011 expenditure authorities may grant leave with pay for their
8 employees if they have available funds in their personnel account
9 CHAPTER VII APPROPRIATIONS
10 Section 701 In General
11 (a) Funds designated in Chapter II as available for appropriation for FY 2011
12 are hereby appropriated pursuant to this Chapter
13 (b) A business units FTE ceiling shall be established in this Chapter No
14 business unit shall exceed its FTE ceiling unless authorized by this Act or joint
15 resolution of the legislature
16 (c) Reduction in the Level of Appropriations In order to provide expenditure
17 authorities with flexibility in determining the allocation of funding for their operations
18 expenditure authorities must reduce their expenditures to achieve the level of
19 appropriation under this Act
20 Expenditure authorities may reduce previous levels ofexpenditure by
21 (1) A reduction in work hours
22 (2) A reduction in wages
23 (3) Furlough
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
1 (4) A reduction in force
2 (5) A reduction in expenditures for all others or
3 (6) A combination of reductions under subsections (1) through (5)
4 (d) The reduction in work hours shall not exceed 16 hours per bi-weekly pay
5 period If sufficient additional resources are not identified during the first quarter of
6 FY 2011 to allow an increase in work hours the reduction in work hours may be
7 continued
8 (e) Suspension of Restrictions on Reprogramming To provide for the
9 reprogramming between personnel and non-personnel accounts 1 CMC sect7402(c) is
10 suspended for the period that this Act is in effect
11 (f) Provided however that during the period of this Act no funds shall be I I
12 reprogrammed from non-personnel accounts to personnel accounts to increase any
13 salaries from its current level
14 Section 702 Judicial Branch
15 (a) There is hereby appropriated the following amounts to fund the personnel
16 and non-personnel expenses as listed below of the Judicial branch
17 FTE PERSONNEL OPERATIONS TOTAL
18 Supreme Court 11 792333 3639 795972
19 Superior Court 45 1714552 160961 1875513
20 Administration 13 295435 217240 512675
21 Law Revision Comm 5 132442 6245 138687
22 TOTAL 74 $2934762 $388085 $3322847
23 Section 703 Legislative Branch
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
1 (a) In accordance with Article II sect16(b) and (c) of the NMI Constitution as
2 amended by Legislative Initiative 10-8 the following amounts are hereby appropriated
3 to fund the personnel retirement contribution and non-personnel expenses as listed
4 below of the Legislative branch
5 FTE PERSONNEL OPERATIONS TOTAL
6 House Members Salary 20 954597 954597
7 House Members Allocation 100 1700000 1700000
8 House Leadership Allocation 138000 138000
9 Senate 9 431141 431141
10 Senate Members Allocation 45 765000 765000
11 Senate Leadership Allocation 138000 138000
12 Legislative Bureau 28 1274764 167000 1441764
13 CNMI Youth Congress 1 21167 20000 41167
14 TOTAL 203 $2681669 $2928000 $5609669
15 (b) Salaries of Legislative Members
16 (1) The amount appropriated under this section to the House of
17 Representatives under personnel shall be used to fund the salaries and
18 benefits of the members of the House of Representatives The expenditure
19 authority for the amounts appropriated shall be the Secretary of Finance
20 (2) The amount appropriated under this section to the Senate under
21 personnel shall be used to fund the salaries and benefits of the members of the
22 Senate The expenditure authority for the amounts appropriated shall be the
23 Secretary of Finance
24 (c) House Members Office Accounts and Employees
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2
3
4
5
6
7
8
9
10
11
12
13
14
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
(1) The Department of Finance shall establish and assign a number to a
new business unit account entitled House Members Office Accounts for the
appropriation for House Members Allocation Another new business unit
account entitled Senate Members Office Accounts for the appropriation for
Senate Members Allocation Under each of these said accounts an equal
amount of the appropriation shall be allocated to subaccount further established
thereunder for each member of the respective house for the operations of the
members office as permitted under section 16 of article II of the CNMI
Constitution applicable laws and the rules of the legislative body to which the
member was elected
(2) Notwithstanding 1 CMC sect7401(c) to the contrary each member
shall be the expenditure authority of the funds allocated to their individual sub-
account
(3) Funds allocated for the operation of the members office including
but not limited to the personnel costs of the members employees and
expenditures as authorized by the adopted rules of the Senate in the case of the
Senate member or the adopted rules ofthe House of Representatives in the case
of a House member such as a monthly stipend to defray travel and incidental
expenses for the purpose of attending to legislative business outside the
members senatorial district
(4) Allocation ofFTEs among House members shall be governed by the
rules of the House
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
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21
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
(5) Allocation of FTEs among Senate members shall be governed by
the rules of the Senate
(d) Senate and House Leadership Accounts
(1) The Department of Finance shall establish and assign a number to
two new business unit accounts one entitled House Leadership Account for
the appropriation in the amount of $138000 under All Others and another
new business unit account entitled Senate Leadership Account for the
appropriation in the amount of $138000 under All Others
(2) The presiding officer of each respective house or his lawfully
authorized designee shall be the expenditure authority and shall use such funds
to support the operations and activities of the House of Representatives and
Senate in accordance with its rules provided that the presiding officer
distributes a portion of the total appropriation in equal amounts to all the
standing committees for their operations and activities
(e) Legislative Bureau The expenditure authority of the funds appropriated for
the Legislative Bureau shall be the Director of the Legislative Bureau or his or her
lawfully authorized designee
(f) Northern Marianas Youth Congress The expenditure authority is vested in
the Director of the Legislative Bureau with the consultation of the Speaker of the
Northern Mariana Islands Youth Congress
Section 704 Executive Branch
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SS1
1 There are hereby appropriated the following amounts to fund the personnel and
2 non-personnel expenses of the offices programs and activities of the Executive Branch
3 as listed below
4 FTE PERSONNEL OPERATIONS TOTAL
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
21
22
23
24
25
26
27
28
29 30 i31
Office ofGov
Attorney General
Commerce
Comm amp Cult Affairs
Corrections
Finance
Labor
Lands amp Natural Res
Public Health
Public Safety
Public Works
Total
140
42
32
88
96
163
44
98
485
258
129
1575 $45120729 $14184384 $59305113
Section 705 First Senatorial District Rota
(a) There is hereby appropriated the following amounts to fund the personnel
and non-personnel expenses as listed below of the First Senatorial District
Mayor
Municipal Coun
Commerce (econ Dev)
CampCA
Police (DPS)
Fire
Finance amp Actg
Revenue amp Tax
Customs
Procurement amp Supply
Labor
FTE PERSONNEL OPERATIONS
99
11
8
10
34
12
3
3
6
2
7
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
1 Agriculture 20
2 Historic Preservation 4
3 Lands Regisamp Survey 6
4 Fish amp Wildlife 5
5 Parks amp Recreation 4
6 Soil amp Water Consv
7 Rota Health Center 51
8 Dental Services 4
9 DPH Med Referral 5
10 Environmental Health 2
11 Public Works 23
12 Total 320 $5677593 $576487 $6256080
13 (b) The Rota Legislative Delegation shall determine by Local Delegation
14 Resolution the allocation of the funds appropriated for the First Senatorial District
15 (c) Except as provided in this section the Mayor ofRota shall have authority to
16 expend obligate encumber or otherwise commit the funds appropriated to the First
17 Senatorial District Notwithstanding any law to the contrary the Mayor of Rota shall
18 have 100 reprogramming authority of the funds appropriated in this Act
19 Appropriations to the Municipal Council shall be divided and distributed equally to
20 each member of the Municipal Council Each Municipal Council member shall be the
21 expenditure authority of funds distributed to himher Additionally in accord with the
22 Superior Courts decision in the case of Inos v Tenorio the Mayors shall also have
23 expenditure authority over resident government departments in the First and Second
24 senatorial districts respectively unless the Governor revokes expenditure authority in a
25 manner consistent with the Superior Courts holding in Inos v Tenorio to wit
26 expenditure authority over resident departments that are primarily concerned with the
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
delivery of public services can be revoked only on a prior showing of just cause but
the Governor has discretion to revoke expenditure authority over those departments
that are primarily concerned with enforcing the law
(c) Rota Health Center Three hundred forty thousand ($34000000) from the
First Senatorial Districts budget appropriation is hereby allocated to pay for
professional services for nurses technicians and other medical and auxiliary
professionals as needed including one mental health counselor in the amount of Thirty
Three Thousand Dollars ($3300000)
(d) DPS Cadets One hundred seven thousand seven hundred eighty
($10778000) from the First Senatorial Districts budget appropriation is hereby
allocated for five (5) Full Time Equivalents (FTEs) for the Rota Department of Public
Safety of the total 329 FTEs to fully fund the five (5) 2010 DPS Academy graduates
from the First District who shall be placed as FTEs within the Rota Department of
Public Safety Any shortfall for overtime retirement or benefits shall be borne by the
municipality
(e) Dentist Seventy-seven thousand two hundred dollars ($77200) from the
First Senatorial Districts budget appropriation is hereby allocated for one (1) Full
Time Equivalent (FTE) to hire a dentist
Section 706 Second Senatorial District - Tinian amp Aguiguan
(a) There is hereby appropriated the following amounts to fund the personnel
and non-personnel expenses of the Second Senatorial District as listed below
FTE PERSONNEL OPERATIONS TOTAL
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SS1
Mayor 112
Municipal Council 3
Commerce (econo dev) 4
Historic Preservation 2
CampCA 3
Customs 3
Finance amp Acctg 2
Procurement amp Supply 2
Revenue amp Tax
Labor 8
Agriculture 15
Fish amp Wildlife 2
Parks amp Recreation 5
Environmental Health 4
Dental Services 3
Tinian Health Center 49
Police (DPS) 45
Public Works ~
Total 268 $5179361 $1076719
20 (b) The Tinian and Aguiguan Legislative Delegation shall determine by Local
21 Delegation Resolution the allocation of the funds appropriated for the Second
22 Senatorial District
23 (c) The Mayor and the Chairperson of the Municipal Council shall have the
24 expenditure authority for appropriations for their respective offices except as provided
25 below Notwithstanding any law to the contrary the Mayor of Tinian amp Aguiguan shall
26 have 100 reprogramming authority of the funds appropriated in this Act Each
27 Municipal Council member shall allocate and provide for the expenditure of the funds
28 appropriated to the Council in accordance with the Official Rules of the Council
29 Additionally in accord with the Superior Courts decision in the case of Inos v
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 lID1 SS1
Tenorio the Mayors shall also have expenditure authority over resident government
2 departments in the First and Second senatorial districts respectively unless the
3 Governor revokes expenditure authority in a manner consistent with the Superior
4 Courts holding in Inos v Tenorio to wit expenditure authority over resident
5 departments that are primarily concerned with the delivery of public services can be
6 revoked only on a prior showing of just cause but the Governor has discretion to
7 revoke expenditure authority over those departments that are primarily concerned with
8 enforcing the law
9 (d) Tinian Health Center Four hundred twenty seven thousand seven hundred
10 twenty seven and eighty one ($42772781) from the Second Senatorial Districts
11 budget appropriation is hereby allocated to pay for the direct hiring of nurses ancillary
12 staff and other needed administrative adjustments on personnel matters
13 (e) Tinian Municipal Council One hundred twenty three thousand four
14 hundred three ($123403) All Others appropriation of the Municipal Council is
15 hereby allocated as follows (1) $15000 for office rental and administrative purposes
16 and (2) $108403 for community projects and other functions ofwhich $75000 shall be
17 allocated to the chairman and the remaining balance shall be divided equally among the
18 other two members who shall be the expenditure authority of such funds
19 (f) Tinian Commerce Thirty eight thousand one hundred forty one ($38141)
20 is hereby allocated under AU Others for operations and office supplies
Section707 Third Senatorial District - Mayor ofSaipan Mayor of the Northern
Islands and Saipan and Northern Islands Municipal Council
PUBLIC LAW NO 17-21 HOUSE BILL l7~l23 HDl SSl
1 (a) There is hereby appropriated the following amounts to fund the personnel
2 and non-personnel expenses of the municipal governments of Saipan and the Northern
3 Islands as listed below
4 FTE PERSONNEL OPERATIONS TOTAL
5 Saipan Mayor 48 $875509 $248240 $1123257 6 NI Mayor 11 $192849 $86716 $279565
7 Saipan Mun Council 1 $34076 $27447 $61523
8 Total 60 $1102434 $362411 $1464845
9 (b) The Mayor of Saipan the Mayor of the Northern Islands and the
10 Chairperson of the Municipal Council for Saipan and the Northern Islands shall be the
11 expenditure authority for appropriations for their respective offices Notwithstanding
12 any law to the contrary the Mayors of Saipan and the Northern Islands respectively
13 shall have 100 reprogramming authority of the funds appropriated in this Act
14 Section 708 Autonomous Agencies
15 (a) There is hereby appropriated the following amounts to fund the following
16 autonomous agencies as listed below
17 FTE PERSONNEL OPERATIONS TOTAL
18 NMC 160 $4099229 $364235 $4464464
MVA 36 $832531 $1780496 $2611027
ajlst amp and SeRaterl Dist $369999 $36886611gtfif~tll~fu0 PSS ll13 $28521990 $2617529 $31140519f-AP( 21
22 BOE 2 $1372685 $26643 ~164~28
23 Total 1312 $33591435 $5148903 $38740338
24 (b) Northern Marianas College
25 (1) The president of the Northern Marianas College shall be the
26 expenditure authority of the appropriated funds
i
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2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
pfiuv~I tys
I I
20
21
(c) Marianas Visitors Authority
(1) The chairman of the Board of Directors of the Marianas Visitors
Authority shall be the expenditure authority ofthe appropriated funds
(2) Tlnee hundted sixty thousand ($360000) of the All OthelS
appropriation ofth Malianas Visitors Burau sball allocatd as follows
(i) One httndred 1vveftty thousRJJd ($120000) to susidiZle the
eftartef flights from Japan to Rota under the eKpndinY=e authority of the
Cbairman oftbe Marianas Visitors AQtborityen
(ii) One bll1dred Pyenellty tbollSaad ($120000) to promote and
market Tinian as a tourist destinatioR under the expenditure ffitthority of
the Chairman of the Mwianas Visitors Authoriry ctnd
(iii) 000 hundred tlJlnty thousand ($120000) to pay the
outstandiag KllT aGGount for completed Gbafter flights from Japan to
RotH under the expenditUfe authority of the Chairman of the Marianas
Visitor s 1AzYtbor~[
(d) Public School System
(1) The expenditure authority shall be the Commissioner of Education
or hislher designee
(2) No part of funds appropriated to BU 1607 the Public School
System shall be used to pay for any expense including but not limited to travel
or reimbursement of the Board of Education its board members and staff
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SS1
1 (e) Board of Education The chairperson of the Board of Education shall be the
2 expenditure authority of the appropriated funds
3 Section 709 Boards and Commissions
4 (a) There is hereby appropriated the following amounts to fund the following
5 boards and commissions as listed below
FTE PERSONNEL OPERATIONS
BPL
Civil Servo Comm
Election Comm
Total
3
4
1 14
$88732
$164803
$1762806
$430341
$13264
$2183
$932819
$109266
11 Section 710 Independent Programs
12 There is hereby appropriated the following amounts to fund the following
13 independent programs and activities as listed below
14 FTE PERSONNEL OPERATIONS TOTAL
15 Ayuda Network 18417 18417
16 Commonwealth Museum 4 96395 40140 136535
17 Domestic Violence 36834 36834
18 Humanities Council 4604 4604
19 JoetenlKiyu Public Library 7 128933 39674 168607
20 Marianas Bound - Karidat 54147 54147
21 Micronesian Legal Legal Services - 18417 18417
22 Nat Govs Assoc 40518 40518
23 Public Assis Program 17577 17577
24 Govt Utilities 7539509 7539509
25 Judgment 76258 76258
26 La Fiesta Lease 200000 200000
27 Aetna R-Off amp Ret -- 1463483 0 1463483
28 Total 11 1688811 8492643 10181454
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
(a) Joeten-Kiyu Public Library The expenditure authority shall be the
chairperson of the Commonwealth Library Council
(b) Public Assistance - Matching Funds The expenditure authority shall be
the Governor or his designee
(c) Judgments against the Government The expenditure authority shall be the
Secretary of Finance in consultation with the Attorney General
(d) Commonwealth Museum The chairperson of the Board of Governors of
the Commonwealth Museum or hislher designee shall be the expenditure authority
(e) Ayuda Network The expenditure authority shall be the chairperson of the
board of directors
(f) KARlDAT The executive director of Marianas Bound (KARlDAT) shall
be the expenditure authority
(g) Micronesian Legal Services The executive director of the Micronesian
Legal Services Corporation shall be the expenditure authority
(h) For programs and activities not specifically mentioned the expenditure
authority shall be the Secretary of Finance
Section 711 Other Programs
(a) There is hereby appropriated the following amounts to the following other
programs as listed below
FTE PERSONNEL OPERATIONS TOTAL
22
23
NMIOICC
Ret Pension GovLtGov
Ret PL5-3 (COLA)
1 $27476
$147506
o o
413276
$27476
$147506
$413276
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
1 Workers Comp Comm ~ $121061 129648 $250709
2 Total 6 $297751 $541216 $838967
3 Section 712 Department of Public Lands
4 (a) Pursuant to Section 103 of Public Law 15-2 $2820886 is appropriated to
5 the Department of Public Lands as follows
6 Personnel $1765104
7 Operations $1055782
8 Total $2820886
9 FTE Ceiling 65
10 No funds received or collected by or remitted to the Department of Public Lands
11 pursuant to Public Law 15-2 that are in excess of the amount appropriated in this
12 section may be reprogrammed or expended absent legislative appropriation or in
13 violation of the Constitution
14 Section 713 Reporting Requirements The expenditure authorities of the
15 foregoing activities listed in Chapter VII shall submit to the presiding officers of the
16 legislature at the end of each quarter an itemized report on the expenditures for
17 personnel and operations of each government entity and the payments of the public
18 auditors fee for the quarter ended and if applicable year-to-date totals as of the close
19 of the reporting period
20 Section 714 Compact Impact Funds
middot21 Compact Impact funds shall be used III accordance with the terms and
22 conditions set forth in the Grant Agreement and shall be used to defray qualified
23 expenses for the following activities
24 (a) Office of Public Defender $ 37151
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HDt SSI
1 (b) Dept of Community amp Cultural Affairs
2 (c) Dept of Corrections
3 (d) Dept of Public Health
4 (e) Department of Public Safety
5 Total
6 Section 715 Outside Sources
$ 44616
$ 154698
$ 536744
$ 1157234
$1930443
7 (a) Notwithstanding any law to the contrary the Governor is authorized to
8 transfer qualified operational expenses to available and unencumbered outside general
9 fund accounts not to exceed $3500000 which are hereby appropriated to pay for such
10 expenses
11 CHAPTER VIII GENERAL PROVISIONS
12 Section 801 Severability If any provision of this Act or its application to any
13 person or circumstance is held invalid the invalidity does not affect other provisions
14 or applications of the Act which can be given effect without the invalid provision or
middot15 applications and to this end the provisions ofthis Act are severable
16 Section 802 Savings Clause This Act and any repealer contained herein shall
middot17 not be construed as affecting any existing right acquired under contract or acquired
18 under statutes repealed or under any rule regulation or order adopted under the statutes
middot19 Repealers contained in this Act shall not affect any proceeding instituted under or
ao pursuant to prior law The enactment of this Act shall not have the effect of terminating
21 or in any way modifying any liability civil or criminal which shall already be in
22 existence at the date this Act becomes effective
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HDl SSI
1 Section 803 Effective Date This Act shall become law upon its approval by the
2 Governor or it becoming law without such approvaL
House Clerk
Certiiedby ~~f OILAN C ORiOSPEAKER
this
Governor
2010
Commonwealth ofthe Northern Mariana Islands
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
passed defining critical and emergency positions said critical and emergency
2 positions must be approved by joint approval of the legislature
3 (b) In order to reduce the size of the Government except for the Public
4 School System the Northern Marianas College and health care professionals of
5 the Department of Public Health and Environmental Services any FTE (full-time
6 equivalent) that becomes vacant shall be eliminated The renewal of the contract
7 for an existing employee shall not be considered creating a vacant position If a
8 new position or vacant position is necessary to be filled to protect the health
9 safety and welfare of the public the expenditure authority may request the
10 Legislature to establish a new FTE by joint resolution The appropriations set
11 forth in Section 704 are contingent on this section remaining in this Appropriation
12 Act
13 Section 603 Litigation Expenditures Restricted
14 Except for the governor the attorney general the chief justice of the
15 Commonwealth supreme court presiding officers of the legislature mayors and
16 municipal councils and notwithstanding any law to the contrary no agency
17 expenditure authority may use any part of their appropriations in connection with
18 prosecuting a legal matter against another agency unless authorized by the chief
19 justice in the case of agencies within the judicial branch the governor in the case
20 of agencies within the executive branch and the presiding officers in the case of
21 agencies within the legislative branch and mayors in the case of agencies under
22 their authority The terms agency and agencies as used in this section shall be
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HDl SSI
3
4
5
6
7
8
9
12
13
14
15
17
18
23
1 liberally construed to include all instrumentalities and subdivisions of the
2 Commonwealth Government
Section 604 Public Auditors Fee
The Public Auditors Fee is 1 (one percent) of the total appropriations
for each instrumentality department agency corporation and budget activity of
the CNMI Government Notwithstanding any other provision of law any lapsed
funds from the Office of Public Auditor shall be applied to CNMI deficit
reduction only Agencies that are not funded by the general fund listed in section
301 (a)-(h) shall remit their respective fee on a monthly basis to the Department
ofFinance
Section 605 Legal Holidays
(a) The following laws and regulations providing for payment of legal
holidays are repealed during fiscal year 2011
1 CMC sect312 and sect313
Title 10 NMIAC sect10-lO-135G) (Excepted Service)
Title 10 NMIAC sectlO-202-346 (Civil Service Executive Branch)
Title lO NMIAC sect lO-30-344 (Civil Service Judicial Branch)
Title 40 NMIAC sect40-40-425 (Commonwealth Ports Authority)
Title 60 NMIAC sect60-301-444 (Public School System)
Title 100 NMIAC sect 100-50-430 (Northern Marianas Housing
Corporation)
Title 120 NMIAC sect120-lO-230 (Excepted Service) and
Title 130 NMIAC 130-20-330 (Office of the Public Auditor)
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HDl SSI
1 (b) Any employee required to work on a legal holiday shall be paid hislher
2 regular salary
3 (c) From the legal holidays listed in 1 CMC sect311 the Governor may
4 select one or more legal holidays for fiscal year 2011 for which employees shall
5 receive leave with pay
6 (d) Although leave with pay is not required for legal holidays during
7 Fiscal Year 2011 expenditure authorities may grant leave with pay for their
8 employees if they have available funds in their personnel account
9 CHAPTER VII APPROPRIATIONS
10 Section 701 In General
11 (a) Funds designated in Chapter II as available for appropriation for FY 2011
12 are hereby appropriated pursuant to this Chapter
13 (b) A business units FTE ceiling shall be established in this Chapter No
14 business unit shall exceed its FTE ceiling unless authorized by this Act or joint
15 resolution of the legislature
16 (c) Reduction in the Level of Appropriations In order to provide expenditure
17 authorities with flexibility in determining the allocation of funding for their operations
18 expenditure authorities must reduce their expenditures to achieve the level of
19 appropriation under this Act
20 Expenditure authorities may reduce previous levels ofexpenditure by
21 (1) A reduction in work hours
22 (2) A reduction in wages
23 (3) Furlough
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
1 (4) A reduction in force
2 (5) A reduction in expenditures for all others or
3 (6) A combination of reductions under subsections (1) through (5)
4 (d) The reduction in work hours shall not exceed 16 hours per bi-weekly pay
5 period If sufficient additional resources are not identified during the first quarter of
6 FY 2011 to allow an increase in work hours the reduction in work hours may be
7 continued
8 (e) Suspension of Restrictions on Reprogramming To provide for the
9 reprogramming between personnel and non-personnel accounts 1 CMC sect7402(c) is
10 suspended for the period that this Act is in effect
11 (f) Provided however that during the period of this Act no funds shall be I I
12 reprogrammed from non-personnel accounts to personnel accounts to increase any
13 salaries from its current level
14 Section 702 Judicial Branch
15 (a) There is hereby appropriated the following amounts to fund the personnel
16 and non-personnel expenses as listed below of the Judicial branch
17 FTE PERSONNEL OPERATIONS TOTAL
18 Supreme Court 11 792333 3639 795972
19 Superior Court 45 1714552 160961 1875513
20 Administration 13 295435 217240 512675
21 Law Revision Comm 5 132442 6245 138687
22 TOTAL 74 $2934762 $388085 $3322847
23 Section 703 Legislative Branch
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
1 (a) In accordance with Article II sect16(b) and (c) of the NMI Constitution as
2 amended by Legislative Initiative 10-8 the following amounts are hereby appropriated
3 to fund the personnel retirement contribution and non-personnel expenses as listed
4 below of the Legislative branch
5 FTE PERSONNEL OPERATIONS TOTAL
6 House Members Salary 20 954597 954597
7 House Members Allocation 100 1700000 1700000
8 House Leadership Allocation 138000 138000
9 Senate 9 431141 431141
10 Senate Members Allocation 45 765000 765000
11 Senate Leadership Allocation 138000 138000
12 Legislative Bureau 28 1274764 167000 1441764
13 CNMI Youth Congress 1 21167 20000 41167
14 TOTAL 203 $2681669 $2928000 $5609669
15 (b) Salaries of Legislative Members
16 (1) The amount appropriated under this section to the House of
17 Representatives under personnel shall be used to fund the salaries and
18 benefits of the members of the House of Representatives The expenditure
19 authority for the amounts appropriated shall be the Secretary of Finance
20 (2) The amount appropriated under this section to the Senate under
21 personnel shall be used to fund the salaries and benefits of the members of the
22 Senate The expenditure authority for the amounts appropriated shall be the
23 Secretary of Finance
24 (c) House Members Office Accounts and Employees
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
(1) The Department of Finance shall establish and assign a number to a
new business unit account entitled House Members Office Accounts for the
appropriation for House Members Allocation Another new business unit
account entitled Senate Members Office Accounts for the appropriation for
Senate Members Allocation Under each of these said accounts an equal
amount of the appropriation shall be allocated to subaccount further established
thereunder for each member of the respective house for the operations of the
members office as permitted under section 16 of article II of the CNMI
Constitution applicable laws and the rules of the legislative body to which the
member was elected
(2) Notwithstanding 1 CMC sect7401(c) to the contrary each member
shall be the expenditure authority of the funds allocated to their individual sub-
account
(3) Funds allocated for the operation of the members office including
but not limited to the personnel costs of the members employees and
expenditures as authorized by the adopted rules of the Senate in the case of the
Senate member or the adopted rules ofthe House of Representatives in the case
of a House member such as a monthly stipend to defray travel and incidental
expenses for the purpose of attending to legislative business outside the
members senatorial district
(4) Allocation ofFTEs among House members shall be governed by the
rules of the House
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
(5) Allocation of FTEs among Senate members shall be governed by
the rules of the Senate
(d) Senate and House Leadership Accounts
(1) The Department of Finance shall establish and assign a number to
two new business unit accounts one entitled House Leadership Account for
the appropriation in the amount of $138000 under All Others and another
new business unit account entitled Senate Leadership Account for the
appropriation in the amount of $138000 under All Others
(2) The presiding officer of each respective house or his lawfully
authorized designee shall be the expenditure authority and shall use such funds
to support the operations and activities of the House of Representatives and
Senate in accordance with its rules provided that the presiding officer
distributes a portion of the total appropriation in equal amounts to all the
standing committees for their operations and activities
(e) Legislative Bureau The expenditure authority of the funds appropriated for
the Legislative Bureau shall be the Director of the Legislative Bureau or his or her
lawfully authorized designee
(f) Northern Marianas Youth Congress The expenditure authority is vested in
the Director of the Legislative Bureau with the consultation of the Speaker of the
Northern Mariana Islands Youth Congress
Section 704 Executive Branch
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SS1
1 There are hereby appropriated the following amounts to fund the personnel and
2 non-personnel expenses of the offices programs and activities of the Executive Branch
3 as listed below
4 FTE PERSONNEL OPERATIONS TOTAL
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
21
22
23
24
25
26
27
28
29 30 i31
Office ofGov
Attorney General
Commerce
Comm amp Cult Affairs
Corrections
Finance
Labor
Lands amp Natural Res
Public Health
Public Safety
Public Works
Total
140
42
32
88
96
163
44
98
485
258
129
1575 $45120729 $14184384 $59305113
Section 705 First Senatorial District Rota
(a) There is hereby appropriated the following amounts to fund the personnel
and non-personnel expenses as listed below of the First Senatorial District
Mayor
Municipal Coun
Commerce (econ Dev)
CampCA
Police (DPS)
Fire
Finance amp Actg
Revenue amp Tax
Customs
Procurement amp Supply
Labor
FTE PERSONNEL OPERATIONS
99
11
8
10
34
12
3
3
6
2
7
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
1 Agriculture 20
2 Historic Preservation 4
3 Lands Regisamp Survey 6
4 Fish amp Wildlife 5
5 Parks amp Recreation 4
6 Soil amp Water Consv
7 Rota Health Center 51
8 Dental Services 4
9 DPH Med Referral 5
10 Environmental Health 2
11 Public Works 23
12 Total 320 $5677593 $576487 $6256080
13 (b) The Rota Legislative Delegation shall determine by Local Delegation
14 Resolution the allocation of the funds appropriated for the First Senatorial District
15 (c) Except as provided in this section the Mayor ofRota shall have authority to
16 expend obligate encumber or otherwise commit the funds appropriated to the First
17 Senatorial District Notwithstanding any law to the contrary the Mayor of Rota shall
18 have 100 reprogramming authority of the funds appropriated in this Act
19 Appropriations to the Municipal Council shall be divided and distributed equally to
20 each member of the Municipal Council Each Municipal Council member shall be the
21 expenditure authority of funds distributed to himher Additionally in accord with the
22 Superior Courts decision in the case of Inos v Tenorio the Mayors shall also have
23 expenditure authority over resident government departments in the First and Second
24 senatorial districts respectively unless the Governor revokes expenditure authority in a
25 manner consistent with the Superior Courts holding in Inos v Tenorio to wit
26 expenditure authority over resident departments that are primarily concerned with the
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
delivery of public services can be revoked only on a prior showing of just cause but
the Governor has discretion to revoke expenditure authority over those departments
that are primarily concerned with enforcing the law
(c) Rota Health Center Three hundred forty thousand ($34000000) from the
First Senatorial Districts budget appropriation is hereby allocated to pay for
professional services for nurses technicians and other medical and auxiliary
professionals as needed including one mental health counselor in the amount of Thirty
Three Thousand Dollars ($3300000)
(d) DPS Cadets One hundred seven thousand seven hundred eighty
($10778000) from the First Senatorial Districts budget appropriation is hereby
allocated for five (5) Full Time Equivalents (FTEs) for the Rota Department of Public
Safety of the total 329 FTEs to fully fund the five (5) 2010 DPS Academy graduates
from the First District who shall be placed as FTEs within the Rota Department of
Public Safety Any shortfall for overtime retirement or benefits shall be borne by the
municipality
(e) Dentist Seventy-seven thousand two hundred dollars ($77200) from the
First Senatorial Districts budget appropriation is hereby allocated for one (1) Full
Time Equivalent (FTE) to hire a dentist
Section 706 Second Senatorial District - Tinian amp Aguiguan
(a) There is hereby appropriated the following amounts to fund the personnel
and non-personnel expenses of the Second Senatorial District as listed below
FTE PERSONNEL OPERATIONS TOTAL
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SS1
Mayor 112
Municipal Council 3
Commerce (econo dev) 4
Historic Preservation 2
CampCA 3
Customs 3
Finance amp Acctg 2
Procurement amp Supply 2
Revenue amp Tax
Labor 8
Agriculture 15
Fish amp Wildlife 2
Parks amp Recreation 5
Environmental Health 4
Dental Services 3
Tinian Health Center 49
Police (DPS) 45
Public Works ~
Total 268 $5179361 $1076719
20 (b) The Tinian and Aguiguan Legislative Delegation shall determine by Local
21 Delegation Resolution the allocation of the funds appropriated for the Second
22 Senatorial District
23 (c) The Mayor and the Chairperson of the Municipal Council shall have the
24 expenditure authority for appropriations for their respective offices except as provided
25 below Notwithstanding any law to the contrary the Mayor of Tinian amp Aguiguan shall
26 have 100 reprogramming authority of the funds appropriated in this Act Each
27 Municipal Council member shall allocate and provide for the expenditure of the funds
28 appropriated to the Council in accordance with the Official Rules of the Council
29 Additionally in accord with the Superior Courts decision in the case of Inos v
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 lID1 SS1
Tenorio the Mayors shall also have expenditure authority over resident government
2 departments in the First and Second senatorial districts respectively unless the
3 Governor revokes expenditure authority in a manner consistent with the Superior
4 Courts holding in Inos v Tenorio to wit expenditure authority over resident
5 departments that are primarily concerned with the delivery of public services can be
6 revoked only on a prior showing of just cause but the Governor has discretion to
7 revoke expenditure authority over those departments that are primarily concerned with
8 enforcing the law
9 (d) Tinian Health Center Four hundred twenty seven thousand seven hundred
10 twenty seven and eighty one ($42772781) from the Second Senatorial Districts
11 budget appropriation is hereby allocated to pay for the direct hiring of nurses ancillary
12 staff and other needed administrative adjustments on personnel matters
13 (e) Tinian Municipal Council One hundred twenty three thousand four
14 hundred three ($123403) All Others appropriation of the Municipal Council is
15 hereby allocated as follows (1) $15000 for office rental and administrative purposes
16 and (2) $108403 for community projects and other functions ofwhich $75000 shall be
17 allocated to the chairman and the remaining balance shall be divided equally among the
18 other two members who shall be the expenditure authority of such funds
19 (f) Tinian Commerce Thirty eight thousand one hundred forty one ($38141)
20 is hereby allocated under AU Others for operations and office supplies
Section707 Third Senatorial District - Mayor ofSaipan Mayor of the Northern
Islands and Saipan and Northern Islands Municipal Council
PUBLIC LAW NO 17-21 HOUSE BILL l7~l23 HDl SSl
1 (a) There is hereby appropriated the following amounts to fund the personnel
2 and non-personnel expenses of the municipal governments of Saipan and the Northern
3 Islands as listed below
4 FTE PERSONNEL OPERATIONS TOTAL
5 Saipan Mayor 48 $875509 $248240 $1123257 6 NI Mayor 11 $192849 $86716 $279565
7 Saipan Mun Council 1 $34076 $27447 $61523
8 Total 60 $1102434 $362411 $1464845
9 (b) The Mayor of Saipan the Mayor of the Northern Islands and the
10 Chairperson of the Municipal Council for Saipan and the Northern Islands shall be the
11 expenditure authority for appropriations for their respective offices Notwithstanding
12 any law to the contrary the Mayors of Saipan and the Northern Islands respectively
13 shall have 100 reprogramming authority of the funds appropriated in this Act
14 Section 708 Autonomous Agencies
15 (a) There is hereby appropriated the following amounts to fund the following
16 autonomous agencies as listed below
17 FTE PERSONNEL OPERATIONS TOTAL
18 NMC 160 $4099229 $364235 $4464464
MVA 36 $832531 $1780496 $2611027
ajlst amp and SeRaterl Dist $369999 $36886611gtfif~tll~fu0 PSS ll13 $28521990 $2617529 $31140519f-AP( 21
22 BOE 2 $1372685 $26643 ~164~28
23 Total 1312 $33591435 $5148903 $38740338
24 (b) Northern Marianas College
25 (1) The president of the Northern Marianas College shall be the
26 expenditure authority of the appropriated funds
i
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
pfiuv~I tys
I I
20
21
(c) Marianas Visitors Authority
(1) The chairman of the Board of Directors of the Marianas Visitors
Authority shall be the expenditure authority ofthe appropriated funds
(2) Tlnee hundted sixty thousand ($360000) of the All OthelS
appropriation ofth Malianas Visitors Burau sball allocatd as follows
(i) One httndred 1vveftty thousRJJd ($120000) to susidiZle the
eftartef flights from Japan to Rota under the eKpndinY=e authority of the
Cbairman oftbe Marianas Visitors AQtborityen
(ii) One bll1dred Pyenellty tbollSaad ($120000) to promote and
market Tinian as a tourist destinatioR under the expenditure ffitthority of
the Chairman of the Mwianas Visitors Authoriry ctnd
(iii) 000 hundred tlJlnty thousand ($120000) to pay the
outstandiag KllT aGGount for completed Gbafter flights from Japan to
RotH under the expenditUfe authority of the Chairman of the Marianas
Visitor s 1AzYtbor~[
(d) Public School System
(1) The expenditure authority shall be the Commissioner of Education
or hislher designee
(2) No part of funds appropriated to BU 1607 the Public School
System shall be used to pay for any expense including but not limited to travel
or reimbursement of the Board of Education its board members and staff
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SS1
1 (e) Board of Education The chairperson of the Board of Education shall be the
2 expenditure authority of the appropriated funds
3 Section 709 Boards and Commissions
4 (a) There is hereby appropriated the following amounts to fund the following
5 boards and commissions as listed below
FTE PERSONNEL OPERATIONS
BPL
Civil Servo Comm
Election Comm
Total
3
4
1 14
$88732
$164803
$1762806
$430341
$13264
$2183
$932819
$109266
11 Section 710 Independent Programs
12 There is hereby appropriated the following amounts to fund the following
13 independent programs and activities as listed below
14 FTE PERSONNEL OPERATIONS TOTAL
15 Ayuda Network 18417 18417
16 Commonwealth Museum 4 96395 40140 136535
17 Domestic Violence 36834 36834
18 Humanities Council 4604 4604
19 JoetenlKiyu Public Library 7 128933 39674 168607
20 Marianas Bound - Karidat 54147 54147
21 Micronesian Legal Legal Services - 18417 18417
22 Nat Govs Assoc 40518 40518
23 Public Assis Program 17577 17577
24 Govt Utilities 7539509 7539509
25 Judgment 76258 76258
26 La Fiesta Lease 200000 200000
27 Aetna R-Off amp Ret -- 1463483 0 1463483
28 Total 11 1688811 8492643 10181454
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
(a) Joeten-Kiyu Public Library The expenditure authority shall be the
chairperson of the Commonwealth Library Council
(b) Public Assistance - Matching Funds The expenditure authority shall be
the Governor or his designee
(c) Judgments against the Government The expenditure authority shall be the
Secretary of Finance in consultation with the Attorney General
(d) Commonwealth Museum The chairperson of the Board of Governors of
the Commonwealth Museum or hislher designee shall be the expenditure authority
(e) Ayuda Network The expenditure authority shall be the chairperson of the
board of directors
(f) KARlDAT The executive director of Marianas Bound (KARlDAT) shall
be the expenditure authority
(g) Micronesian Legal Services The executive director of the Micronesian
Legal Services Corporation shall be the expenditure authority
(h) For programs and activities not specifically mentioned the expenditure
authority shall be the Secretary of Finance
Section 711 Other Programs
(a) There is hereby appropriated the following amounts to the following other
programs as listed below
FTE PERSONNEL OPERATIONS TOTAL
22
23
NMIOICC
Ret Pension GovLtGov
Ret PL5-3 (COLA)
1 $27476
$147506
o o
413276
$27476
$147506
$413276
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
1 Workers Comp Comm ~ $121061 129648 $250709
2 Total 6 $297751 $541216 $838967
3 Section 712 Department of Public Lands
4 (a) Pursuant to Section 103 of Public Law 15-2 $2820886 is appropriated to
5 the Department of Public Lands as follows
6 Personnel $1765104
7 Operations $1055782
8 Total $2820886
9 FTE Ceiling 65
10 No funds received or collected by or remitted to the Department of Public Lands
11 pursuant to Public Law 15-2 that are in excess of the amount appropriated in this
12 section may be reprogrammed or expended absent legislative appropriation or in
13 violation of the Constitution
14 Section 713 Reporting Requirements The expenditure authorities of the
15 foregoing activities listed in Chapter VII shall submit to the presiding officers of the
16 legislature at the end of each quarter an itemized report on the expenditures for
17 personnel and operations of each government entity and the payments of the public
18 auditors fee for the quarter ended and if applicable year-to-date totals as of the close
19 of the reporting period
20 Section 714 Compact Impact Funds
middot21 Compact Impact funds shall be used III accordance with the terms and
22 conditions set forth in the Grant Agreement and shall be used to defray qualified
23 expenses for the following activities
24 (a) Office of Public Defender $ 37151
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HDt SSI
1 (b) Dept of Community amp Cultural Affairs
2 (c) Dept of Corrections
3 (d) Dept of Public Health
4 (e) Department of Public Safety
5 Total
6 Section 715 Outside Sources
$ 44616
$ 154698
$ 536744
$ 1157234
$1930443
7 (a) Notwithstanding any law to the contrary the Governor is authorized to
8 transfer qualified operational expenses to available and unencumbered outside general
9 fund accounts not to exceed $3500000 which are hereby appropriated to pay for such
10 expenses
11 CHAPTER VIII GENERAL PROVISIONS
12 Section 801 Severability If any provision of this Act or its application to any
13 person or circumstance is held invalid the invalidity does not affect other provisions
14 or applications of the Act which can be given effect without the invalid provision or
middot15 applications and to this end the provisions ofthis Act are severable
16 Section 802 Savings Clause This Act and any repealer contained herein shall
middot17 not be construed as affecting any existing right acquired under contract or acquired
18 under statutes repealed or under any rule regulation or order adopted under the statutes
middot19 Repealers contained in this Act shall not affect any proceeding instituted under or
ao pursuant to prior law The enactment of this Act shall not have the effect of terminating
21 or in any way modifying any liability civil or criminal which shall already be in
22 existence at the date this Act becomes effective
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HDl SSI
1 Section 803 Effective Date This Act shall become law upon its approval by the
2 Governor or it becoming law without such approvaL
House Clerk
Certiiedby ~~f OILAN C ORiOSPEAKER
this
Governor
2010
Commonwealth ofthe Northern Mariana Islands
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HDl SSI
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4
5
6
7
8
9
12
13
14
15
17
18
23
1 liberally construed to include all instrumentalities and subdivisions of the
2 Commonwealth Government
Section 604 Public Auditors Fee
The Public Auditors Fee is 1 (one percent) of the total appropriations
for each instrumentality department agency corporation and budget activity of
the CNMI Government Notwithstanding any other provision of law any lapsed
funds from the Office of Public Auditor shall be applied to CNMI deficit
reduction only Agencies that are not funded by the general fund listed in section
301 (a)-(h) shall remit their respective fee on a monthly basis to the Department
ofFinance
Section 605 Legal Holidays
(a) The following laws and regulations providing for payment of legal
holidays are repealed during fiscal year 2011
1 CMC sect312 and sect313
Title 10 NMIAC sect10-lO-135G) (Excepted Service)
Title 10 NMIAC sectlO-202-346 (Civil Service Executive Branch)
Title lO NMIAC sect lO-30-344 (Civil Service Judicial Branch)
Title 40 NMIAC sect40-40-425 (Commonwealth Ports Authority)
Title 60 NMIAC sect60-301-444 (Public School System)
Title 100 NMIAC sect 100-50-430 (Northern Marianas Housing
Corporation)
Title 120 NMIAC sect120-lO-230 (Excepted Service) and
Title 130 NMIAC 130-20-330 (Office of the Public Auditor)
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HDl SSI
1 (b) Any employee required to work on a legal holiday shall be paid hislher
2 regular salary
3 (c) From the legal holidays listed in 1 CMC sect311 the Governor may
4 select one or more legal holidays for fiscal year 2011 for which employees shall
5 receive leave with pay
6 (d) Although leave with pay is not required for legal holidays during
7 Fiscal Year 2011 expenditure authorities may grant leave with pay for their
8 employees if they have available funds in their personnel account
9 CHAPTER VII APPROPRIATIONS
10 Section 701 In General
11 (a) Funds designated in Chapter II as available for appropriation for FY 2011
12 are hereby appropriated pursuant to this Chapter
13 (b) A business units FTE ceiling shall be established in this Chapter No
14 business unit shall exceed its FTE ceiling unless authorized by this Act or joint
15 resolution of the legislature
16 (c) Reduction in the Level of Appropriations In order to provide expenditure
17 authorities with flexibility in determining the allocation of funding for their operations
18 expenditure authorities must reduce their expenditures to achieve the level of
19 appropriation under this Act
20 Expenditure authorities may reduce previous levels ofexpenditure by
21 (1) A reduction in work hours
22 (2) A reduction in wages
23 (3) Furlough
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
1 (4) A reduction in force
2 (5) A reduction in expenditures for all others or
3 (6) A combination of reductions under subsections (1) through (5)
4 (d) The reduction in work hours shall not exceed 16 hours per bi-weekly pay
5 period If sufficient additional resources are not identified during the first quarter of
6 FY 2011 to allow an increase in work hours the reduction in work hours may be
7 continued
8 (e) Suspension of Restrictions on Reprogramming To provide for the
9 reprogramming between personnel and non-personnel accounts 1 CMC sect7402(c) is
10 suspended for the period that this Act is in effect
11 (f) Provided however that during the period of this Act no funds shall be I I
12 reprogrammed from non-personnel accounts to personnel accounts to increase any
13 salaries from its current level
14 Section 702 Judicial Branch
15 (a) There is hereby appropriated the following amounts to fund the personnel
16 and non-personnel expenses as listed below of the Judicial branch
17 FTE PERSONNEL OPERATIONS TOTAL
18 Supreme Court 11 792333 3639 795972
19 Superior Court 45 1714552 160961 1875513
20 Administration 13 295435 217240 512675
21 Law Revision Comm 5 132442 6245 138687
22 TOTAL 74 $2934762 $388085 $3322847
23 Section 703 Legislative Branch
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
1 (a) In accordance with Article II sect16(b) and (c) of the NMI Constitution as
2 amended by Legislative Initiative 10-8 the following amounts are hereby appropriated
3 to fund the personnel retirement contribution and non-personnel expenses as listed
4 below of the Legislative branch
5 FTE PERSONNEL OPERATIONS TOTAL
6 House Members Salary 20 954597 954597
7 House Members Allocation 100 1700000 1700000
8 House Leadership Allocation 138000 138000
9 Senate 9 431141 431141
10 Senate Members Allocation 45 765000 765000
11 Senate Leadership Allocation 138000 138000
12 Legislative Bureau 28 1274764 167000 1441764
13 CNMI Youth Congress 1 21167 20000 41167
14 TOTAL 203 $2681669 $2928000 $5609669
15 (b) Salaries of Legislative Members
16 (1) The amount appropriated under this section to the House of
17 Representatives under personnel shall be used to fund the salaries and
18 benefits of the members of the House of Representatives The expenditure
19 authority for the amounts appropriated shall be the Secretary of Finance
20 (2) The amount appropriated under this section to the Senate under
21 personnel shall be used to fund the salaries and benefits of the members of the
22 Senate The expenditure authority for the amounts appropriated shall be the
23 Secretary of Finance
24 (c) House Members Office Accounts and Employees
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
(1) The Department of Finance shall establish and assign a number to a
new business unit account entitled House Members Office Accounts for the
appropriation for House Members Allocation Another new business unit
account entitled Senate Members Office Accounts for the appropriation for
Senate Members Allocation Under each of these said accounts an equal
amount of the appropriation shall be allocated to subaccount further established
thereunder for each member of the respective house for the operations of the
members office as permitted under section 16 of article II of the CNMI
Constitution applicable laws and the rules of the legislative body to which the
member was elected
(2) Notwithstanding 1 CMC sect7401(c) to the contrary each member
shall be the expenditure authority of the funds allocated to their individual sub-
account
(3) Funds allocated for the operation of the members office including
but not limited to the personnel costs of the members employees and
expenditures as authorized by the adopted rules of the Senate in the case of the
Senate member or the adopted rules ofthe House of Representatives in the case
of a House member such as a monthly stipend to defray travel and incidental
expenses for the purpose of attending to legislative business outside the
members senatorial district
(4) Allocation ofFTEs among House members shall be governed by the
rules of the House
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
(5) Allocation of FTEs among Senate members shall be governed by
the rules of the Senate
(d) Senate and House Leadership Accounts
(1) The Department of Finance shall establish and assign a number to
two new business unit accounts one entitled House Leadership Account for
the appropriation in the amount of $138000 under All Others and another
new business unit account entitled Senate Leadership Account for the
appropriation in the amount of $138000 under All Others
(2) The presiding officer of each respective house or his lawfully
authorized designee shall be the expenditure authority and shall use such funds
to support the operations and activities of the House of Representatives and
Senate in accordance with its rules provided that the presiding officer
distributes a portion of the total appropriation in equal amounts to all the
standing committees for their operations and activities
(e) Legislative Bureau The expenditure authority of the funds appropriated for
the Legislative Bureau shall be the Director of the Legislative Bureau or his or her
lawfully authorized designee
(f) Northern Marianas Youth Congress The expenditure authority is vested in
the Director of the Legislative Bureau with the consultation of the Speaker of the
Northern Mariana Islands Youth Congress
Section 704 Executive Branch
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SS1
1 There are hereby appropriated the following amounts to fund the personnel and
2 non-personnel expenses of the offices programs and activities of the Executive Branch
3 as listed below
4 FTE PERSONNEL OPERATIONS TOTAL
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
21
22
23
24
25
26
27
28
29 30 i31
Office ofGov
Attorney General
Commerce
Comm amp Cult Affairs
Corrections
Finance
Labor
Lands amp Natural Res
Public Health
Public Safety
Public Works
Total
140
42
32
88
96
163
44
98
485
258
129
1575 $45120729 $14184384 $59305113
Section 705 First Senatorial District Rota
(a) There is hereby appropriated the following amounts to fund the personnel
and non-personnel expenses as listed below of the First Senatorial District
Mayor
Municipal Coun
Commerce (econ Dev)
CampCA
Police (DPS)
Fire
Finance amp Actg
Revenue amp Tax
Customs
Procurement amp Supply
Labor
FTE PERSONNEL OPERATIONS
99
11
8
10
34
12
3
3
6
2
7
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
1 Agriculture 20
2 Historic Preservation 4
3 Lands Regisamp Survey 6
4 Fish amp Wildlife 5
5 Parks amp Recreation 4
6 Soil amp Water Consv
7 Rota Health Center 51
8 Dental Services 4
9 DPH Med Referral 5
10 Environmental Health 2
11 Public Works 23
12 Total 320 $5677593 $576487 $6256080
13 (b) The Rota Legislative Delegation shall determine by Local Delegation
14 Resolution the allocation of the funds appropriated for the First Senatorial District
15 (c) Except as provided in this section the Mayor ofRota shall have authority to
16 expend obligate encumber or otherwise commit the funds appropriated to the First
17 Senatorial District Notwithstanding any law to the contrary the Mayor of Rota shall
18 have 100 reprogramming authority of the funds appropriated in this Act
19 Appropriations to the Municipal Council shall be divided and distributed equally to
20 each member of the Municipal Council Each Municipal Council member shall be the
21 expenditure authority of funds distributed to himher Additionally in accord with the
22 Superior Courts decision in the case of Inos v Tenorio the Mayors shall also have
23 expenditure authority over resident government departments in the First and Second
24 senatorial districts respectively unless the Governor revokes expenditure authority in a
25 manner consistent with the Superior Courts holding in Inos v Tenorio to wit
26 expenditure authority over resident departments that are primarily concerned with the
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
delivery of public services can be revoked only on a prior showing of just cause but
the Governor has discretion to revoke expenditure authority over those departments
that are primarily concerned with enforcing the law
(c) Rota Health Center Three hundred forty thousand ($34000000) from the
First Senatorial Districts budget appropriation is hereby allocated to pay for
professional services for nurses technicians and other medical and auxiliary
professionals as needed including one mental health counselor in the amount of Thirty
Three Thousand Dollars ($3300000)
(d) DPS Cadets One hundred seven thousand seven hundred eighty
($10778000) from the First Senatorial Districts budget appropriation is hereby
allocated for five (5) Full Time Equivalents (FTEs) for the Rota Department of Public
Safety of the total 329 FTEs to fully fund the five (5) 2010 DPS Academy graduates
from the First District who shall be placed as FTEs within the Rota Department of
Public Safety Any shortfall for overtime retirement or benefits shall be borne by the
municipality
(e) Dentist Seventy-seven thousand two hundred dollars ($77200) from the
First Senatorial Districts budget appropriation is hereby allocated for one (1) Full
Time Equivalent (FTE) to hire a dentist
Section 706 Second Senatorial District - Tinian amp Aguiguan
(a) There is hereby appropriated the following amounts to fund the personnel
and non-personnel expenses of the Second Senatorial District as listed below
FTE PERSONNEL OPERATIONS TOTAL
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SS1
Mayor 112
Municipal Council 3
Commerce (econo dev) 4
Historic Preservation 2
CampCA 3
Customs 3
Finance amp Acctg 2
Procurement amp Supply 2
Revenue amp Tax
Labor 8
Agriculture 15
Fish amp Wildlife 2
Parks amp Recreation 5
Environmental Health 4
Dental Services 3
Tinian Health Center 49
Police (DPS) 45
Public Works ~
Total 268 $5179361 $1076719
20 (b) The Tinian and Aguiguan Legislative Delegation shall determine by Local
21 Delegation Resolution the allocation of the funds appropriated for the Second
22 Senatorial District
23 (c) The Mayor and the Chairperson of the Municipal Council shall have the
24 expenditure authority for appropriations for their respective offices except as provided
25 below Notwithstanding any law to the contrary the Mayor of Tinian amp Aguiguan shall
26 have 100 reprogramming authority of the funds appropriated in this Act Each
27 Municipal Council member shall allocate and provide for the expenditure of the funds
28 appropriated to the Council in accordance with the Official Rules of the Council
29 Additionally in accord with the Superior Courts decision in the case of Inos v
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 lID1 SS1
Tenorio the Mayors shall also have expenditure authority over resident government
2 departments in the First and Second senatorial districts respectively unless the
3 Governor revokes expenditure authority in a manner consistent with the Superior
4 Courts holding in Inos v Tenorio to wit expenditure authority over resident
5 departments that are primarily concerned with the delivery of public services can be
6 revoked only on a prior showing of just cause but the Governor has discretion to
7 revoke expenditure authority over those departments that are primarily concerned with
8 enforcing the law
9 (d) Tinian Health Center Four hundred twenty seven thousand seven hundred
10 twenty seven and eighty one ($42772781) from the Second Senatorial Districts
11 budget appropriation is hereby allocated to pay for the direct hiring of nurses ancillary
12 staff and other needed administrative adjustments on personnel matters
13 (e) Tinian Municipal Council One hundred twenty three thousand four
14 hundred three ($123403) All Others appropriation of the Municipal Council is
15 hereby allocated as follows (1) $15000 for office rental and administrative purposes
16 and (2) $108403 for community projects and other functions ofwhich $75000 shall be
17 allocated to the chairman and the remaining balance shall be divided equally among the
18 other two members who shall be the expenditure authority of such funds
19 (f) Tinian Commerce Thirty eight thousand one hundred forty one ($38141)
20 is hereby allocated under AU Others for operations and office supplies
Section707 Third Senatorial District - Mayor ofSaipan Mayor of the Northern
Islands and Saipan and Northern Islands Municipal Council
PUBLIC LAW NO 17-21 HOUSE BILL l7~l23 HDl SSl
1 (a) There is hereby appropriated the following amounts to fund the personnel
2 and non-personnel expenses of the municipal governments of Saipan and the Northern
3 Islands as listed below
4 FTE PERSONNEL OPERATIONS TOTAL
5 Saipan Mayor 48 $875509 $248240 $1123257 6 NI Mayor 11 $192849 $86716 $279565
7 Saipan Mun Council 1 $34076 $27447 $61523
8 Total 60 $1102434 $362411 $1464845
9 (b) The Mayor of Saipan the Mayor of the Northern Islands and the
10 Chairperson of the Municipal Council for Saipan and the Northern Islands shall be the
11 expenditure authority for appropriations for their respective offices Notwithstanding
12 any law to the contrary the Mayors of Saipan and the Northern Islands respectively
13 shall have 100 reprogramming authority of the funds appropriated in this Act
14 Section 708 Autonomous Agencies
15 (a) There is hereby appropriated the following amounts to fund the following
16 autonomous agencies as listed below
17 FTE PERSONNEL OPERATIONS TOTAL
18 NMC 160 $4099229 $364235 $4464464
MVA 36 $832531 $1780496 $2611027
ajlst amp and SeRaterl Dist $369999 $36886611gtfif~tll~fu0 PSS ll13 $28521990 $2617529 $31140519f-AP( 21
22 BOE 2 $1372685 $26643 ~164~28
23 Total 1312 $33591435 $5148903 $38740338
24 (b) Northern Marianas College
25 (1) The president of the Northern Marianas College shall be the
26 expenditure authority of the appropriated funds
i
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
pfiuv~I tys
I I
20
21
(c) Marianas Visitors Authority
(1) The chairman of the Board of Directors of the Marianas Visitors
Authority shall be the expenditure authority ofthe appropriated funds
(2) Tlnee hundted sixty thousand ($360000) of the All OthelS
appropriation ofth Malianas Visitors Burau sball allocatd as follows
(i) One httndred 1vveftty thousRJJd ($120000) to susidiZle the
eftartef flights from Japan to Rota under the eKpndinY=e authority of the
Cbairman oftbe Marianas Visitors AQtborityen
(ii) One bll1dred Pyenellty tbollSaad ($120000) to promote and
market Tinian as a tourist destinatioR under the expenditure ffitthority of
the Chairman of the Mwianas Visitors Authoriry ctnd
(iii) 000 hundred tlJlnty thousand ($120000) to pay the
outstandiag KllT aGGount for completed Gbafter flights from Japan to
RotH under the expenditUfe authority of the Chairman of the Marianas
Visitor s 1AzYtbor~[
(d) Public School System
(1) The expenditure authority shall be the Commissioner of Education
or hislher designee
(2) No part of funds appropriated to BU 1607 the Public School
System shall be used to pay for any expense including but not limited to travel
or reimbursement of the Board of Education its board members and staff
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SS1
1 (e) Board of Education The chairperson of the Board of Education shall be the
2 expenditure authority of the appropriated funds
3 Section 709 Boards and Commissions
4 (a) There is hereby appropriated the following amounts to fund the following
5 boards and commissions as listed below
FTE PERSONNEL OPERATIONS
BPL
Civil Servo Comm
Election Comm
Total
3
4
1 14
$88732
$164803
$1762806
$430341
$13264
$2183
$932819
$109266
11 Section 710 Independent Programs
12 There is hereby appropriated the following amounts to fund the following
13 independent programs and activities as listed below
14 FTE PERSONNEL OPERATIONS TOTAL
15 Ayuda Network 18417 18417
16 Commonwealth Museum 4 96395 40140 136535
17 Domestic Violence 36834 36834
18 Humanities Council 4604 4604
19 JoetenlKiyu Public Library 7 128933 39674 168607
20 Marianas Bound - Karidat 54147 54147
21 Micronesian Legal Legal Services - 18417 18417
22 Nat Govs Assoc 40518 40518
23 Public Assis Program 17577 17577
24 Govt Utilities 7539509 7539509
25 Judgment 76258 76258
26 La Fiesta Lease 200000 200000
27 Aetna R-Off amp Ret -- 1463483 0 1463483
28 Total 11 1688811 8492643 10181454
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
(a) Joeten-Kiyu Public Library The expenditure authority shall be the
chairperson of the Commonwealth Library Council
(b) Public Assistance - Matching Funds The expenditure authority shall be
the Governor or his designee
(c) Judgments against the Government The expenditure authority shall be the
Secretary of Finance in consultation with the Attorney General
(d) Commonwealth Museum The chairperson of the Board of Governors of
the Commonwealth Museum or hislher designee shall be the expenditure authority
(e) Ayuda Network The expenditure authority shall be the chairperson of the
board of directors
(f) KARlDAT The executive director of Marianas Bound (KARlDAT) shall
be the expenditure authority
(g) Micronesian Legal Services The executive director of the Micronesian
Legal Services Corporation shall be the expenditure authority
(h) For programs and activities not specifically mentioned the expenditure
authority shall be the Secretary of Finance
Section 711 Other Programs
(a) There is hereby appropriated the following amounts to the following other
programs as listed below
FTE PERSONNEL OPERATIONS TOTAL
22
23
NMIOICC
Ret Pension GovLtGov
Ret PL5-3 (COLA)
1 $27476
$147506
o o
413276
$27476
$147506
$413276
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
1 Workers Comp Comm ~ $121061 129648 $250709
2 Total 6 $297751 $541216 $838967
3 Section 712 Department of Public Lands
4 (a) Pursuant to Section 103 of Public Law 15-2 $2820886 is appropriated to
5 the Department of Public Lands as follows
6 Personnel $1765104
7 Operations $1055782
8 Total $2820886
9 FTE Ceiling 65
10 No funds received or collected by or remitted to the Department of Public Lands
11 pursuant to Public Law 15-2 that are in excess of the amount appropriated in this
12 section may be reprogrammed or expended absent legislative appropriation or in
13 violation of the Constitution
14 Section 713 Reporting Requirements The expenditure authorities of the
15 foregoing activities listed in Chapter VII shall submit to the presiding officers of the
16 legislature at the end of each quarter an itemized report on the expenditures for
17 personnel and operations of each government entity and the payments of the public
18 auditors fee for the quarter ended and if applicable year-to-date totals as of the close
19 of the reporting period
20 Section 714 Compact Impact Funds
middot21 Compact Impact funds shall be used III accordance with the terms and
22 conditions set forth in the Grant Agreement and shall be used to defray qualified
23 expenses for the following activities
24 (a) Office of Public Defender $ 37151
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HDt SSI
1 (b) Dept of Community amp Cultural Affairs
2 (c) Dept of Corrections
3 (d) Dept of Public Health
4 (e) Department of Public Safety
5 Total
6 Section 715 Outside Sources
$ 44616
$ 154698
$ 536744
$ 1157234
$1930443
7 (a) Notwithstanding any law to the contrary the Governor is authorized to
8 transfer qualified operational expenses to available and unencumbered outside general
9 fund accounts not to exceed $3500000 which are hereby appropriated to pay for such
10 expenses
11 CHAPTER VIII GENERAL PROVISIONS
12 Section 801 Severability If any provision of this Act or its application to any
13 person or circumstance is held invalid the invalidity does not affect other provisions
14 or applications of the Act which can be given effect without the invalid provision or
middot15 applications and to this end the provisions ofthis Act are severable
16 Section 802 Savings Clause This Act and any repealer contained herein shall
middot17 not be construed as affecting any existing right acquired under contract or acquired
18 under statutes repealed or under any rule regulation or order adopted under the statutes
middot19 Repealers contained in this Act shall not affect any proceeding instituted under or
ao pursuant to prior law The enactment of this Act shall not have the effect of terminating
21 or in any way modifying any liability civil or criminal which shall already be in
22 existence at the date this Act becomes effective
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HDl SSI
1 Section 803 Effective Date This Act shall become law upon its approval by the
2 Governor or it becoming law without such approvaL
House Clerk
Certiiedby ~~f OILAN C ORiOSPEAKER
this
Governor
2010
Commonwealth ofthe Northern Mariana Islands
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HDl SSI
1 (b) Any employee required to work on a legal holiday shall be paid hislher
2 regular salary
3 (c) From the legal holidays listed in 1 CMC sect311 the Governor may
4 select one or more legal holidays for fiscal year 2011 for which employees shall
5 receive leave with pay
6 (d) Although leave with pay is not required for legal holidays during
7 Fiscal Year 2011 expenditure authorities may grant leave with pay for their
8 employees if they have available funds in their personnel account
9 CHAPTER VII APPROPRIATIONS
10 Section 701 In General
11 (a) Funds designated in Chapter II as available for appropriation for FY 2011
12 are hereby appropriated pursuant to this Chapter
13 (b) A business units FTE ceiling shall be established in this Chapter No
14 business unit shall exceed its FTE ceiling unless authorized by this Act or joint
15 resolution of the legislature
16 (c) Reduction in the Level of Appropriations In order to provide expenditure
17 authorities with flexibility in determining the allocation of funding for their operations
18 expenditure authorities must reduce their expenditures to achieve the level of
19 appropriation under this Act
20 Expenditure authorities may reduce previous levels ofexpenditure by
21 (1) A reduction in work hours
22 (2) A reduction in wages
23 (3) Furlough
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
1 (4) A reduction in force
2 (5) A reduction in expenditures for all others or
3 (6) A combination of reductions under subsections (1) through (5)
4 (d) The reduction in work hours shall not exceed 16 hours per bi-weekly pay
5 period If sufficient additional resources are not identified during the first quarter of
6 FY 2011 to allow an increase in work hours the reduction in work hours may be
7 continued
8 (e) Suspension of Restrictions on Reprogramming To provide for the
9 reprogramming between personnel and non-personnel accounts 1 CMC sect7402(c) is
10 suspended for the period that this Act is in effect
11 (f) Provided however that during the period of this Act no funds shall be I I
12 reprogrammed from non-personnel accounts to personnel accounts to increase any
13 salaries from its current level
14 Section 702 Judicial Branch
15 (a) There is hereby appropriated the following amounts to fund the personnel
16 and non-personnel expenses as listed below of the Judicial branch
17 FTE PERSONNEL OPERATIONS TOTAL
18 Supreme Court 11 792333 3639 795972
19 Superior Court 45 1714552 160961 1875513
20 Administration 13 295435 217240 512675
21 Law Revision Comm 5 132442 6245 138687
22 TOTAL 74 $2934762 $388085 $3322847
23 Section 703 Legislative Branch
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
1 (a) In accordance with Article II sect16(b) and (c) of the NMI Constitution as
2 amended by Legislative Initiative 10-8 the following amounts are hereby appropriated
3 to fund the personnel retirement contribution and non-personnel expenses as listed
4 below of the Legislative branch
5 FTE PERSONNEL OPERATIONS TOTAL
6 House Members Salary 20 954597 954597
7 House Members Allocation 100 1700000 1700000
8 House Leadership Allocation 138000 138000
9 Senate 9 431141 431141
10 Senate Members Allocation 45 765000 765000
11 Senate Leadership Allocation 138000 138000
12 Legislative Bureau 28 1274764 167000 1441764
13 CNMI Youth Congress 1 21167 20000 41167
14 TOTAL 203 $2681669 $2928000 $5609669
15 (b) Salaries of Legislative Members
16 (1) The amount appropriated under this section to the House of
17 Representatives under personnel shall be used to fund the salaries and
18 benefits of the members of the House of Representatives The expenditure
19 authority for the amounts appropriated shall be the Secretary of Finance
20 (2) The amount appropriated under this section to the Senate under
21 personnel shall be used to fund the salaries and benefits of the members of the
22 Senate The expenditure authority for the amounts appropriated shall be the
23 Secretary of Finance
24 (c) House Members Office Accounts and Employees
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
(1) The Department of Finance shall establish and assign a number to a
new business unit account entitled House Members Office Accounts for the
appropriation for House Members Allocation Another new business unit
account entitled Senate Members Office Accounts for the appropriation for
Senate Members Allocation Under each of these said accounts an equal
amount of the appropriation shall be allocated to subaccount further established
thereunder for each member of the respective house for the operations of the
members office as permitted under section 16 of article II of the CNMI
Constitution applicable laws and the rules of the legislative body to which the
member was elected
(2) Notwithstanding 1 CMC sect7401(c) to the contrary each member
shall be the expenditure authority of the funds allocated to their individual sub-
account
(3) Funds allocated for the operation of the members office including
but not limited to the personnel costs of the members employees and
expenditures as authorized by the adopted rules of the Senate in the case of the
Senate member or the adopted rules ofthe House of Representatives in the case
of a House member such as a monthly stipend to defray travel and incidental
expenses for the purpose of attending to legislative business outside the
members senatorial district
(4) Allocation ofFTEs among House members shall be governed by the
rules of the House
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
(5) Allocation of FTEs among Senate members shall be governed by
the rules of the Senate
(d) Senate and House Leadership Accounts
(1) The Department of Finance shall establish and assign a number to
two new business unit accounts one entitled House Leadership Account for
the appropriation in the amount of $138000 under All Others and another
new business unit account entitled Senate Leadership Account for the
appropriation in the amount of $138000 under All Others
(2) The presiding officer of each respective house or his lawfully
authorized designee shall be the expenditure authority and shall use such funds
to support the operations and activities of the House of Representatives and
Senate in accordance with its rules provided that the presiding officer
distributes a portion of the total appropriation in equal amounts to all the
standing committees for their operations and activities
(e) Legislative Bureau The expenditure authority of the funds appropriated for
the Legislative Bureau shall be the Director of the Legislative Bureau or his or her
lawfully authorized designee
(f) Northern Marianas Youth Congress The expenditure authority is vested in
the Director of the Legislative Bureau with the consultation of the Speaker of the
Northern Mariana Islands Youth Congress
Section 704 Executive Branch
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SS1
1 There are hereby appropriated the following amounts to fund the personnel and
2 non-personnel expenses of the offices programs and activities of the Executive Branch
3 as listed below
4 FTE PERSONNEL OPERATIONS TOTAL
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
21
22
23
24
25
26
27
28
29 30 i31
Office ofGov
Attorney General
Commerce
Comm amp Cult Affairs
Corrections
Finance
Labor
Lands amp Natural Res
Public Health
Public Safety
Public Works
Total
140
42
32
88
96
163
44
98
485
258
129
1575 $45120729 $14184384 $59305113
Section 705 First Senatorial District Rota
(a) There is hereby appropriated the following amounts to fund the personnel
and non-personnel expenses as listed below of the First Senatorial District
Mayor
Municipal Coun
Commerce (econ Dev)
CampCA
Police (DPS)
Fire
Finance amp Actg
Revenue amp Tax
Customs
Procurement amp Supply
Labor
FTE PERSONNEL OPERATIONS
99
11
8
10
34
12
3
3
6
2
7
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
1 Agriculture 20
2 Historic Preservation 4
3 Lands Regisamp Survey 6
4 Fish amp Wildlife 5
5 Parks amp Recreation 4
6 Soil amp Water Consv
7 Rota Health Center 51
8 Dental Services 4
9 DPH Med Referral 5
10 Environmental Health 2
11 Public Works 23
12 Total 320 $5677593 $576487 $6256080
13 (b) The Rota Legislative Delegation shall determine by Local Delegation
14 Resolution the allocation of the funds appropriated for the First Senatorial District
15 (c) Except as provided in this section the Mayor ofRota shall have authority to
16 expend obligate encumber or otherwise commit the funds appropriated to the First
17 Senatorial District Notwithstanding any law to the contrary the Mayor of Rota shall
18 have 100 reprogramming authority of the funds appropriated in this Act
19 Appropriations to the Municipal Council shall be divided and distributed equally to
20 each member of the Municipal Council Each Municipal Council member shall be the
21 expenditure authority of funds distributed to himher Additionally in accord with the
22 Superior Courts decision in the case of Inos v Tenorio the Mayors shall also have
23 expenditure authority over resident government departments in the First and Second
24 senatorial districts respectively unless the Governor revokes expenditure authority in a
25 manner consistent with the Superior Courts holding in Inos v Tenorio to wit
26 expenditure authority over resident departments that are primarily concerned with the
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
delivery of public services can be revoked only on a prior showing of just cause but
the Governor has discretion to revoke expenditure authority over those departments
that are primarily concerned with enforcing the law
(c) Rota Health Center Three hundred forty thousand ($34000000) from the
First Senatorial Districts budget appropriation is hereby allocated to pay for
professional services for nurses technicians and other medical and auxiliary
professionals as needed including one mental health counselor in the amount of Thirty
Three Thousand Dollars ($3300000)
(d) DPS Cadets One hundred seven thousand seven hundred eighty
($10778000) from the First Senatorial Districts budget appropriation is hereby
allocated for five (5) Full Time Equivalents (FTEs) for the Rota Department of Public
Safety of the total 329 FTEs to fully fund the five (5) 2010 DPS Academy graduates
from the First District who shall be placed as FTEs within the Rota Department of
Public Safety Any shortfall for overtime retirement or benefits shall be borne by the
municipality
(e) Dentist Seventy-seven thousand two hundred dollars ($77200) from the
First Senatorial Districts budget appropriation is hereby allocated for one (1) Full
Time Equivalent (FTE) to hire a dentist
Section 706 Second Senatorial District - Tinian amp Aguiguan
(a) There is hereby appropriated the following amounts to fund the personnel
and non-personnel expenses of the Second Senatorial District as listed below
FTE PERSONNEL OPERATIONS TOTAL
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SS1
Mayor 112
Municipal Council 3
Commerce (econo dev) 4
Historic Preservation 2
CampCA 3
Customs 3
Finance amp Acctg 2
Procurement amp Supply 2
Revenue amp Tax
Labor 8
Agriculture 15
Fish amp Wildlife 2
Parks amp Recreation 5
Environmental Health 4
Dental Services 3
Tinian Health Center 49
Police (DPS) 45
Public Works ~
Total 268 $5179361 $1076719
20 (b) The Tinian and Aguiguan Legislative Delegation shall determine by Local
21 Delegation Resolution the allocation of the funds appropriated for the Second
22 Senatorial District
23 (c) The Mayor and the Chairperson of the Municipal Council shall have the
24 expenditure authority for appropriations for their respective offices except as provided
25 below Notwithstanding any law to the contrary the Mayor of Tinian amp Aguiguan shall
26 have 100 reprogramming authority of the funds appropriated in this Act Each
27 Municipal Council member shall allocate and provide for the expenditure of the funds
28 appropriated to the Council in accordance with the Official Rules of the Council
29 Additionally in accord with the Superior Courts decision in the case of Inos v
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 lID1 SS1
Tenorio the Mayors shall also have expenditure authority over resident government
2 departments in the First and Second senatorial districts respectively unless the
3 Governor revokes expenditure authority in a manner consistent with the Superior
4 Courts holding in Inos v Tenorio to wit expenditure authority over resident
5 departments that are primarily concerned with the delivery of public services can be
6 revoked only on a prior showing of just cause but the Governor has discretion to
7 revoke expenditure authority over those departments that are primarily concerned with
8 enforcing the law
9 (d) Tinian Health Center Four hundred twenty seven thousand seven hundred
10 twenty seven and eighty one ($42772781) from the Second Senatorial Districts
11 budget appropriation is hereby allocated to pay for the direct hiring of nurses ancillary
12 staff and other needed administrative adjustments on personnel matters
13 (e) Tinian Municipal Council One hundred twenty three thousand four
14 hundred three ($123403) All Others appropriation of the Municipal Council is
15 hereby allocated as follows (1) $15000 for office rental and administrative purposes
16 and (2) $108403 for community projects and other functions ofwhich $75000 shall be
17 allocated to the chairman and the remaining balance shall be divided equally among the
18 other two members who shall be the expenditure authority of such funds
19 (f) Tinian Commerce Thirty eight thousand one hundred forty one ($38141)
20 is hereby allocated under AU Others for operations and office supplies
Section707 Third Senatorial District - Mayor ofSaipan Mayor of the Northern
Islands and Saipan and Northern Islands Municipal Council
PUBLIC LAW NO 17-21 HOUSE BILL l7~l23 HDl SSl
1 (a) There is hereby appropriated the following amounts to fund the personnel
2 and non-personnel expenses of the municipal governments of Saipan and the Northern
3 Islands as listed below
4 FTE PERSONNEL OPERATIONS TOTAL
5 Saipan Mayor 48 $875509 $248240 $1123257 6 NI Mayor 11 $192849 $86716 $279565
7 Saipan Mun Council 1 $34076 $27447 $61523
8 Total 60 $1102434 $362411 $1464845
9 (b) The Mayor of Saipan the Mayor of the Northern Islands and the
10 Chairperson of the Municipal Council for Saipan and the Northern Islands shall be the
11 expenditure authority for appropriations for their respective offices Notwithstanding
12 any law to the contrary the Mayors of Saipan and the Northern Islands respectively
13 shall have 100 reprogramming authority of the funds appropriated in this Act
14 Section 708 Autonomous Agencies
15 (a) There is hereby appropriated the following amounts to fund the following
16 autonomous agencies as listed below
17 FTE PERSONNEL OPERATIONS TOTAL
18 NMC 160 $4099229 $364235 $4464464
MVA 36 $832531 $1780496 $2611027
ajlst amp and SeRaterl Dist $369999 $36886611gtfif~tll~fu0 PSS ll13 $28521990 $2617529 $31140519f-AP( 21
22 BOE 2 $1372685 $26643 ~164~28
23 Total 1312 $33591435 $5148903 $38740338
24 (b) Northern Marianas College
25 (1) The president of the Northern Marianas College shall be the
26 expenditure authority of the appropriated funds
i
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
pfiuv~I tys
I I
20
21
(c) Marianas Visitors Authority
(1) The chairman of the Board of Directors of the Marianas Visitors
Authority shall be the expenditure authority ofthe appropriated funds
(2) Tlnee hundted sixty thousand ($360000) of the All OthelS
appropriation ofth Malianas Visitors Burau sball allocatd as follows
(i) One httndred 1vveftty thousRJJd ($120000) to susidiZle the
eftartef flights from Japan to Rota under the eKpndinY=e authority of the
Cbairman oftbe Marianas Visitors AQtborityen
(ii) One bll1dred Pyenellty tbollSaad ($120000) to promote and
market Tinian as a tourist destinatioR under the expenditure ffitthority of
the Chairman of the Mwianas Visitors Authoriry ctnd
(iii) 000 hundred tlJlnty thousand ($120000) to pay the
outstandiag KllT aGGount for completed Gbafter flights from Japan to
RotH under the expenditUfe authority of the Chairman of the Marianas
Visitor s 1AzYtbor~[
(d) Public School System
(1) The expenditure authority shall be the Commissioner of Education
or hislher designee
(2) No part of funds appropriated to BU 1607 the Public School
System shall be used to pay for any expense including but not limited to travel
or reimbursement of the Board of Education its board members and staff
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SS1
1 (e) Board of Education The chairperson of the Board of Education shall be the
2 expenditure authority of the appropriated funds
3 Section 709 Boards and Commissions
4 (a) There is hereby appropriated the following amounts to fund the following
5 boards and commissions as listed below
FTE PERSONNEL OPERATIONS
BPL
Civil Servo Comm
Election Comm
Total
3
4
1 14
$88732
$164803
$1762806
$430341
$13264
$2183
$932819
$109266
11 Section 710 Independent Programs
12 There is hereby appropriated the following amounts to fund the following
13 independent programs and activities as listed below
14 FTE PERSONNEL OPERATIONS TOTAL
15 Ayuda Network 18417 18417
16 Commonwealth Museum 4 96395 40140 136535
17 Domestic Violence 36834 36834
18 Humanities Council 4604 4604
19 JoetenlKiyu Public Library 7 128933 39674 168607
20 Marianas Bound - Karidat 54147 54147
21 Micronesian Legal Legal Services - 18417 18417
22 Nat Govs Assoc 40518 40518
23 Public Assis Program 17577 17577
24 Govt Utilities 7539509 7539509
25 Judgment 76258 76258
26 La Fiesta Lease 200000 200000
27 Aetna R-Off amp Ret -- 1463483 0 1463483
28 Total 11 1688811 8492643 10181454
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
(a) Joeten-Kiyu Public Library The expenditure authority shall be the
chairperson of the Commonwealth Library Council
(b) Public Assistance - Matching Funds The expenditure authority shall be
the Governor or his designee
(c) Judgments against the Government The expenditure authority shall be the
Secretary of Finance in consultation with the Attorney General
(d) Commonwealth Museum The chairperson of the Board of Governors of
the Commonwealth Museum or hislher designee shall be the expenditure authority
(e) Ayuda Network The expenditure authority shall be the chairperson of the
board of directors
(f) KARlDAT The executive director of Marianas Bound (KARlDAT) shall
be the expenditure authority
(g) Micronesian Legal Services The executive director of the Micronesian
Legal Services Corporation shall be the expenditure authority
(h) For programs and activities not specifically mentioned the expenditure
authority shall be the Secretary of Finance
Section 711 Other Programs
(a) There is hereby appropriated the following amounts to the following other
programs as listed below
FTE PERSONNEL OPERATIONS TOTAL
22
23
NMIOICC
Ret Pension GovLtGov
Ret PL5-3 (COLA)
1 $27476
$147506
o o
413276
$27476
$147506
$413276
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
1 Workers Comp Comm ~ $121061 129648 $250709
2 Total 6 $297751 $541216 $838967
3 Section 712 Department of Public Lands
4 (a) Pursuant to Section 103 of Public Law 15-2 $2820886 is appropriated to
5 the Department of Public Lands as follows
6 Personnel $1765104
7 Operations $1055782
8 Total $2820886
9 FTE Ceiling 65
10 No funds received or collected by or remitted to the Department of Public Lands
11 pursuant to Public Law 15-2 that are in excess of the amount appropriated in this
12 section may be reprogrammed or expended absent legislative appropriation or in
13 violation of the Constitution
14 Section 713 Reporting Requirements The expenditure authorities of the
15 foregoing activities listed in Chapter VII shall submit to the presiding officers of the
16 legislature at the end of each quarter an itemized report on the expenditures for
17 personnel and operations of each government entity and the payments of the public
18 auditors fee for the quarter ended and if applicable year-to-date totals as of the close
19 of the reporting period
20 Section 714 Compact Impact Funds
middot21 Compact Impact funds shall be used III accordance with the terms and
22 conditions set forth in the Grant Agreement and shall be used to defray qualified
23 expenses for the following activities
24 (a) Office of Public Defender $ 37151
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HDt SSI
1 (b) Dept of Community amp Cultural Affairs
2 (c) Dept of Corrections
3 (d) Dept of Public Health
4 (e) Department of Public Safety
5 Total
6 Section 715 Outside Sources
$ 44616
$ 154698
$ 536744
$ 1157234
$1930443
7 (a) Notwithstanding any law to the contrary the Governor is authorized to
8 transfer qualified operational expenses to available and unencumbered outside general
9 fund accounts not to exceed $3500000 which are hereby appropriated to pay for such
10 expenses
11 CHAPTER VIII GENERAL PROVISIONS
12 Section 801 Severability If any provision of this Act or its application to any
13 person or circumstance is held invalid the invalidity does not affect other provisions
14 or applications of the Act which can be given effect without the invalid provision or
middot15 applications and to this end the provisions ofthis Act are severable
16 Section 802 Savings Clause This Act and any repealer contained herein shall
middot17 not be construed as affecting any existing right acquired under contract or acquired
18 under statutes repealed or under any rule regulation or order adopted under the statutes
middot19 Repealers contained in this Act shall not affect any proceeding instituted under or
ao pursuant to prior law The enactment of this Act shall not have the effect of terminating
21 or in any way modifying any liability civil or criminal which shall already be in
22 existence at the date this Act becomes effective
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HDl SSI
1 Section 803 Effective Date This Act shall become law upon its approval by the
2 Governor or it becoming law without such approvaL
House Clerk
Certiiedby ~~f OILAN C ORiOSPEAKER
this
Governor
2010
Commonwealth ofthe Northern Mariana Islands
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
1 (4) A reduction in force
2 (5) A reduction in expenditures for all others or
3 (6) A combination of reductions under subsections (1) through (5)
4 (d) The reduction in work hours shall not exceed 16 hours per bi-weekly pay
5 period If sufficient additional resources are not identified during the first quarter of
6 FY 2011 to allow an increase in work hours the reduction in work hours may be
7 continued
8 (e) Suspension of Restrictions on Reprogramming To provide for the
9 reprogramming between personnel and non-personnel accounts 1 CMC sect7402(c) is
10 suspended for the period that this Act is in effect
11 (f) Provided however that during the period of this Act no funds shall be I I
12 reprogrammed from non-personnel accounts to personnel accounts to increase any
13 salaries from its current level
14 Section 702 Judicial Branch
15 (a) There is hereby appropriated the following amounts to fund the personnel
16 and non-personnel expenses as listed below of the Judicial branch
17 FTE PERSONNEL OPERATIONS TOTAL
18 Supreme Court 11 792333 3639 795972
19 Superior Court 45 1714552 160961 1875513
20 Administration 13 295435 217240 512675
21 Law Revision Comm 5 132442 6245 138687
22 TOTAL 74 $2934762 $388085 $3322847
23 Section 703 Legislative Branch
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
1 (a) In accordance with Article II sect16(b) and (c) of the NMI Constitution as
2 amended by Legislative Initiative 10-8 the following amounts are hereby appropriated
3 to fund the personnel retirement contribution and non-personnel expenses as listed
4 below of the Legislative branch
5 FTE PERSONNEL OPERATIONS TOTAL
6 House Members Salary 20 954597 954597
7 House Members Allocation 100 1700000 1700000
8 House Leadership Allocation 138000 138000
9 Senate 9 431141 431141
10 Senate Members Allocation 45 765000 765000
11 Senate Leadership Allocation 138000 138000
12 Legislative Bureau 28 1274764 167000 1441764
13 CNMI Youth Congress 1 21167 20000 41167
14 TOTAL 203 $2681669 $2928000 $5609669
15 (b) Salaries of Legislative Members
16 (1) The amount appropriated under this section to the House of
17 Representatives under personnel shall be used to fund the salaries and
18 benefits of the members of the House of Representatives The expenditure
19 authority for the amounts appropriated shall be the Secretary of Finance
20 (2) The amount appropriated under this section to the Senate under
21 personnel shall be used to fund the salaries and benefits of the members of the
22 Senate The expenditure authority for the amounts appropriated shall be the
23 Secretary of Finance
24 (c) House Members Office Accounts and Employees
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
(1) The Department of Finance shall establish and assign a number to a
new business unit account entitled House Members Office Accounts for the
appropriation for House Members Allocation Another new business unit
account entitled Senate Members Office Accounts for the appropriation for
Senate Members Allocation Under each of these said accounts an equal
amount of the appropriation shall be allocated to subaccount further established
thereunder for each member of the respective house for the operations of the
members office as permitted under section 16 of article II of the CNMI
Constitution applicable laws and the rules of the legislative body to which the
member was elected
(2) Notwithstanding 1 CMC sect7401(c) to the contrary each member
shall be the expenditure authority of the funds allocated to their individual sub-
account
(3) Funds allocated for the operation of the members office including
but not limited to the personnel costs of the members employees and
expenditures as authorized by the adopted rules of the Senate in the case of the
Senate member or the adopted rules ofthe House of Representatives in the case
of a House member such as a monthly stipend to defray travel and incidental
expenses for the purpose of attending to legislative business outside the
members senatorial district
(4) Allocation ofFTEs among House members shall be governed by the
rules of the House
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
(5) Allocation of FTEs among Senate members shall be governed by
the rules of the Senate
(d) Senate and House Leadership Accounts
(1) The Department of Finance shall establish and assign a number to
two new business unit accounts one entitled House Leadership Account for
the appropriation in the amount of $138000 under All Others and another
new business unit account entitled Senate Leadership Account for the
appropriation in the amount of $138000 under All Others
(2) The presiding officer of each respective house or his lawfully
authorized designee shall be the expenditure authority and shall use such funds
to support the operations and activities of the House of Representatives and
Senate in accordance with its rules provided that the presiding officer
distributes a portion of the total appropriation in equal amounts to all the
standing committees for their operations and activities
(e) Legislative Bureau The expenditure authority of the funds appropriated for
the Legislative Bureau shall be the Director of the Legislative Bureau or his or her
lawfully authorized designee
(f) Northern Marianas Youth Congress The expenditure authority is vested in
the Director of the Legislative Bureau with the consultation of the Speaker of the
Northern Mariana Islands Youth Congress
Section 704 Executive Branch
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SS1
1 There are hereby appropriated the following amounts to fund the personnel and
2 non-personnel expenses of the offices programs and activities of the Executive Branch
3 as listed below
4 FTE PERSONNEL OPERATIONS TOTAL
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
21
22
23
24
25
26
27
28
29 30 i31
Office ofGov
Attorney General
Commerce
Comm amp Cult Affairs
Corrections
Finance
Labor
Lands amp Natural Res
Public Health
Public Safety
Public Works
Total
140
42
32
88
96
163
44
98
485
258
129
1575 $45120729 $14184384 $59305113
Section 705 First Senatorial District Rota
(a) There is hereby appropriated the following amounts to fund the personnel
and non-personnel expenses as listed below of the First Senatorial District
Mayor
Municipal Coun
Commerce (econ Dev)
CampCA
Police (DPS)
Fire
Finance amp Actg
Revenue amp Tax
Customs
Procurement amp Supply
Labor
FTE PERSONNEL OPERATIONS
99
11
8
10
34
12
3
3
6
2
7
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
1 Agriculture 20
2 Historic Preservation 4
3 Lands Regisamp Survey 6
4 Fish amp Wildlife 5
5 Parks amp Recreation 4
6 Soil amp Water Consv
7 Rota Health Center 51
8 Dental Services 4
9 DPH Med Referral 5
10 Environmental Health 2
11 Public Works 23
12 Total 320 $5677593 $576487 $6256080
13 (b) The Rota Legislative Delegation shall determine by Local Delegation
14 Resolution the allocation of the funds appropriated for the First Senatorial District
15 (c) Except as provided in this section the Mayor ofRota shall have authority to
16 expend obligate encumber or otherwise commit the funds appropriated to the First
17 Senatorial District Notwithstanding any law to the contrary the Mayor of Rota shall
18 have 100 reprogramming authority of the funds appropriated in this Act
19 Appropriations to the Municipal Council shall be divided and distributed equally to
20 each member of the Municipal Council Each Municipal Council member shall be the
21 expenditure authority of funds distributed to himher Additionally in accord with the
22 Superior Courts decision in the case of Inos v Tenorio the Mayors shall also have
23 expenditure authority over resident government departments in the First and Second
24 senatorial districts respectively unless the Governor revokes expenditure authority in a
25 manner consistent with the Superior Courts holding in Inos v Tenorio to wit
26 expenditure authority over resident departments that are primarily concerned with the
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
delivery of public services can be revoked only on a prior showing of just cause but
the Governor has discretion to revoke expenditure authority over those departments
that are primarily concerned with enforcing the law
(c) Rota Health Center Three hundred forty thousand ($34000000) from the
First Senatorial Districts budget appropriation is hereby allocated to pay for
professional services for nurses technicians and other medical and auxiliary
professionals as needed including one mental health counselor in the amount of Thirty
Three Thousand Dollars ($3300000)
(d) DPS Cadets One hundred seven thousand seven hundred eighty
($10778000) from the First Senatorial Districts budget appropriation is hereby
allocated for five (5) Full Time Equivalents (FTEs) for the Rota Department of Public
Safety of the total 329 FTEs to fully fund the five (5) 2010 DPS Academy graduates
from the First District who shall be placed as FTEs within the Rota Department of
Public Safety Any shortfall for overtime retirement or benefits shall be borne by the
municipality
(e) Dentist Seventy-seven thousand two hundred dollars ($77200) from the
First Senatorial Districts budget appropriation is hereby allocated for one (1) Full
Time Equivalent (FTE) to hire a dentist
Section 706 Second Senatorial District - Tinian amp Aguiguan
(a) There is hereby appropriated the following amounts to fund the personnel
and non-personnel expenses of the Second Senatorial District as listed below
FTE PERSONNEL OPERATIONS TOTAL
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SS1
Mayor 112
Municipal Council 3
Commerce (econo dev) 4
Historic Preservation 2
CampCA 3
Customs 3
Finance amp Acctg 2
Procurement amp Supply 2
Revenue amp Tax
Labor 8
Agriculture 15
Fish amp Wildlife 2
Parks amp Recreation 5
Environmental Health 4
Dental Services 3
Tinian Health Center 49
Police (DPS) 45
Public Works ~
Total 268 $5179361 $1076719
20 (b) The Tinian and Aguiguan Legislative Delegation shall determine by Local
21 Delegation Resolution the allocation of the funds appropriated for the Second
22 Senatorial District
23 (c) The Mayor and the Chairperson of the Municipal Council shall have the
24 expenditure authority for appropriations for their respective offices except as provided
25 below Notwithstanding any law to the contrary the Mayor of Tinian amp Aguiguan shall
26 have 100 reprogramming authority of the funds appropriated in this Act Each
27 Municipal Council member shall allocate and provide for the expenditure of the funds
28 appropriated to the Council in accordance with the Official Rules of the Council
29 Additionally in accord with the Superior Courts decision in the case of Inos v
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 lID1 SS1
Tenorio the Mayors shall also have expenditure authority over resident government
2 departments in the First and Second senatorial districts respectively unless the
3 Governor revokes expenditure authority in a manner consistent with the Superior
4 Courts holding in Inos v Tenorio to wit expenditure authority over resident
5 departments that are primarily concerned with the delivery of public services can be
6 revoked only on a prior showing of just cause but the Governor has discretion to
7 revoke expenditure authority over those departments that are primarily concerned with
8 enforcing the law
9 (d) Tinian Health Center Four hundred twenty seven thousand seven hundred
10 twenty seven and eighty one ($42772781) from the Second Senatorial Districts
11 budget appropriation is hereby allocated to pay for the direct hiring of nurses ancillary
12 staff and other needed administrative adjustments on personnel matters
13 (e) Tinian Municipal Council One hundred twenty three thousand four
14 hundred three ($123403) All Others appropriation of the Municipal Council is
15 hereby allocated as follows (1) $15000 for office rental and administrative purposes
16 and (2) $108403 for community projects and other functions ofwhich $75000 shall be
17 allocated to the chairman and the remaining balance shall be divided equally among the
18 other two members who shall be the expenditure authority of such funds
19 (f) Tinian Commerce Thirty eight thousand one hundred forty one ($38141)
20 is hereby allocated under AU Others for operations and office supplies
Section707 Third Senatorial District - Mayor ofSaipan Mayor of the Northern
Islands and Saipan and Northern Islands Municipal Council
PUBLIC LAW NO 17-21 HOUSE BILL l7~l23 HDl SSl
1 (a) There is hereby appropriated the following amounts to fund the personnel
2 and non-personnel expenses of the municipal governments of Saipan and the Northern
3 Islands as listed below
4 FTE PERSONNEL OPERATIONS TOTAL
5 Saipan Mayor 48 $875509 $248240 $1123257 6 NI Mayor 11 $192849 $86716 $279565
7 Saipan Mun Council 1 $34076 $27447 $61523
8 Total 60 $1102434 $362411 $1464845
9 (b) The Mayor of Saipan the Mayor of the Northern Islands and the
10 Chairperson of the Municipal Council for Saipan and the Northern Islands shall be the
11 expenditure authority for appropriations for their respective offices Notwithstanding
12 any law to the contrary the Mayors of Saipan and the Northern Islands respectively
13 shall have 100 reprogramming authority of the funds appropriated in this Act
14 Section 708 Autonomous Agencies
15 (a) There is hereby appropriated the following amounts to fund the following
16 autonomous agencies as listed below
17 FTE PERSONNEL OPERATIONS TOTAL
18 NMC 160 $4099229 $364235 $4464464
MVA 36 $832531 $1780496 $2611027
ajlst amp and SeRaterl Dist $369999 $36886611gtfif~tll~fu0 PSS ll13 $28521990 $2617529 $31140519f-AP( 21
22 BOE 2 $1372685 $26643 ~164~28
23 Total 1312 $33591435 $5148903 $38740338
24 (b) Northern Marianas College
25 (1) The president of the Northern Marianas College shall be the
26 expenditure authority of the appropriated funds
i
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
pfiuv~I tys
I I
20
21
(c) Marianas Visitors Authority
(1) The chairman of the Board of Directors of the Marianas Visitors
Authority shall be the expenditure authority ofthe appropriated funds
(2) Tlnee hundted sixty thousand ($360000) of the All OthelS
appropriation ofth Malianas Visitors Burau sball allocatd as follows
(i) One httndred 1vveftty thousRJJd ($120000) to susidiZle the
eftartef flights from Japan to Rota under the eKpndinY=e authority of the
Cbairman oftbe Marianas Visitors AQtborityen
(ii) One bll1dred Pyenellty tbollSaad ($120000) to promote and
market Tinian as a tourist destinatioR under the expenditure ffitthority of
the Chairman of the Mwianas Visitors Authoriry ctnd
(iii) 000 hundred tlJlnty thousand ($120000) to pay the
outstandiag KllT aGGount for completed Gbafter flights from Japan to
RotH under the expenditUfe authority of the Chairman of the Marianas
Visitor s 1AzYtbor~[
(d) Public School System
(1) The expenditure authority shall be the Commissioner of Education
or hislher designee
(2) No part of funds appropriated to BU 1607 the Public School
System shall be used to pay for any expense including but not limited to travel
or reimbursement of the Board of Education its board members and staff
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SS1
1 (e) Board of Education The chairperson of the Board of Education shall be the
2 expenditure authority of the appropriated funds
3 Section 709 Boards and Commissions
4 (a) There is hereby appropriated the following amounts to fund the following
5 boards and commissions as listed below
FTE PERSONNEL OPERATIONS
BPL
Civil Servo Comm
Election Comm
Total
3
4
1 14
$88732
$164803
$1762806
$430341
$13264
$2183
$932819
$109266
11 Section 710 Independent Programs
12 There is hereby appropriated the following amounts to fund the following
13 independent programs and activities as listed below
14 FTE PERSONNEL OPERATIONS TOTAL
15 Ayuda Network 18417 18417
16 Commonwealth Museum 4 96395 40140 136535
17 Domestic Violence 36834 36834
18 Humanities Council 4604 4604
19 JoetenlKiyu Public Library 7 128933 39674 168607
20 Marianas Bound - Karidat 54147 54147
21 Micronesian Legal Legal Services - 18417 18417
22 Nat Govs Assoc 40518 40518
23 Public Assis Program 17577 17577
24 Govt Utilities 7539509 7539509
25 Judgment 76258 76258
26 La Fiesta Lease 200000 200000
27 Aetna R-Off amp Ret -- 1463483 0 1463483
28 Total 11 1688811 8492643 10181454
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
(a) Joeten-Kiyu Public Library The expenditure authority shall be the
chairperson of the Commonwealth Library Council
(b) Public Assistance - Matching Funds The expenditure authority shall be
the Governor or his designee
(c) Judgments against the Government The expenditure authority shall be the
Secretary of Finance in consultation with the Attorney General
(d) Commonwealth Museum The chairperson of the Board of Governors of
the Commonwealth Museum or hislher designee shall be the expenditure authority
(e) Ayuda Network The expenditure authority shall be the chairperson of the
board of directors
(f) KARlDAT The executive director of Marianas Bound (KARlDAT) shall
be the expenditure authority
(g) Micronesian Legal Services The executive director of the Micronesian
Legal Services Corporation shall be the expenditure authority
(h) For programs and activities not specifically mentioned the expenditure
authority shall be the Secretary of Finance
Section 711 Other Programs
(a) There is hereby appropriated the following amounts to the following other
programs as listed below
FTE PERSONNEL OPERATIONS TOTAL
22
23
NMIOICC
Ret Pension GovLtGov
Ret PL5-3 (COLA)
1 $27476
$147506
o o
413276
$27476
$147506
$413276
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
1 Workers Comp Comm ~ $121061 129648 $250709
2 Total 6 $297751 $541216 $838967
3 Section 712 Department of Public Lands
4 (a) Pursuant to Section 103 of Public Law 15-2 $2820886 is appropriated to
5 the Department of Public Lands as follows
6 Personnel $1765104
7 Operations $1055782
8 Total $2820886
9 FTE Ceiling 65
10 No funds received or collected by or remitted to the Department of Public Lands
11 pursuant to Public Law 15-2 that are in excess of the amount appropriated in this
12 section may be reprogrammed or expended absent legislative appropriation or in
13 violation of the Constitution
14 Section 713 Reporting Requirements The expenditure authorities of the
15 foregoing activities listed in Chapter VII shall submit to the presiding officers of the
16 legislature at the end of each quarter an itemized report on the expenditures for
17 personnel and operations of each government entity and the payments of the public
18 auditors fee for the quarter ended and if applicable year-to-date totals as of the close
19 of the reporting period
20 Section 714 Compact Impact Funds
middot21 Compact Impact funds shall be used III accordance with the terms and
22 conditions set forth in the Grant Agreement and shall be used to defray qualified
23 expenses for the following activities
24 (a) Office of Public Defender $ 37151
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HDt SSI
1 (b) Dept of Community amp Cultural Affairs
2 (c) Dept of Corrections
3 (d) Dept of Public Health
4 (e) Department of Public Safety
5 Total
6 Section 715 Outside Sources
$ 44616
$ 154698
$ 536744
$ 1157234
$1930443
7 (a) Notwithstanding any law to the contrary the Governor is authorized to
8 transfer qualified operational expenses to available and unencumbered outside general
9 fund accounts not to exceed $3500000 which are hereby appropriated to pay for such
10 expenses
11 CHAPTER VIII GENERAL PROVISIONS
12 Section 801 Severability If any provision of this Act or its application to any
13 person or circumstance is held invalid the invalidity does not affect other provisions
14 or applications of the Act which can be given effect without the invalid provision or
middot15 applications and to this end the provisions ofthis Act are severable
16 Section 802 Savings Clause This Act and any repealer contained herein shall
middot17 not be construed as affecting any existing right acquired under contract or acquired
18 under statutes repealed or under any rule regulation or order adopted under the statutes
middot19 Repealers contained in this Act shall not affect any proceeding instituted under or
ao pursuant to prior law The enactment of this Act shall not have the effect of terminating
21 or in any way modifying any liability civil or criminal which shall already be in
22 existence at the date this Act becomes effective
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HDl SSI
1 Section 803 Effective Date This Act shall become law upon its approval by the
2 Governor or it becoming law without such approvaL
House Clerk
Certiiedby ~~f OILAN C ORiOSPEAKER
this
Governor
2010
Commonwealth ofthe Northern Mariana Islands
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
1 (a) In accordance with Article II sect16(b) and (c) of the NMI Constitution as
2 amended by Legislative Initiative 10-8 the following amounts are hereby appropriated
3 to fund the personnel retirement contribution and non-personnel expenses as listed
4 below of the Legislative branch
5 FTE PERSONNEL OPERATIONS TOTAL
6 House Members Salary 20 954597 954597
7 House Members Allocation 100 1700000 1700000
8 House Leadership Allocation 138000 138000
9 Senate 9 431141 431141
10 Senate Members Allocation 45 765000 765000
11 Senate Leadership Allocation 138000 138000
12 Legislative Bureau 28 1274764 167000 1441764
13 CNMI Youth Congress 1 21167 20000 41167
14 TOTAL 203 $2681669 $2928000 $5609669
15 (b) Salaries of Legislative Members
16 (1) The amount appropriated under this section to the House of
17 Representatives under personnel shall be used to fund the salaries and
18 benefits of the members of the House of Representatives The expenditure
19 authority for the amounts appropriated shall be the Secretary of Finance
20 (2) The amount appropriated under this section to the Senate under
21 personnel shall be used to fund the salaries and benefits of the members of the
22 Senate The expenditure authority for the amounts appropriated shall be the
23 Secretary of Finance
24 (c) House Members Office Accounts and Employees
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
(1) The Department of Finance shall establish and assign a number to a
new business unit account entitled House Members Office Accounts for the
appropriation for House Members Allocation Another new business unit
account entitled Senate Members Office Accounts for the appropriation for
Senate Members Allocation Under each of these said accounts an equal
amount of the appropriation shall be allocated to subaccount further established
thereunder for each member of the respective house for the operations of the
members office as permitted under section 16 of article II of the CNMI
Constitution applicable laws and the rules of the legislative body to which the
member was elected
(2) Notwithstanding 1 CMC sect7401(c) to the contrary each member
shall be the expenditure authority of the funds allocated to their individual sub-
account
(3) Funds allocated for the operation of the members office including
but not limited to the personnel costs of the members employees and
expenditures as authorized by the adopted rules of the Senate in the case of the
Senate member or the adopted rules ofthe House of Representatives in the case
of a House member such as a monthly stipend to defray travel and incidental
expenses for the purpose of attending to legislative business outside the
members senatorial district
(4) Allocation ofFTEs among House members shall be governed by the
rules of the House
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
(5) Allocation of FTEs among Senate members shall be governed by
the rules of the Senate
(d) Senate and House Leadership Accounts
(1) The Department of Finance shall establish and assign a number to
two new business unit accounts one entitled House Leadership Account for
the appropriation in the amount of $138000 under All Others and another
new business unit account entitled Senate Leadership Account for the
appropriation in the amount of $138000 under All Others
(2) The presiding officer of each respective house or his lawfully
authorized designee shall be the expenditure authority and shall use such funds
to support the operations and activities of the House of Representatives and
Senate in accordance with its rules provided that the presiding officer
distributes a portion of the total appropriation in equal amounts to all the
standing committees for their operations and activities
(e) Legislative Bureau The expenditure authority of the funds appropriated for
the Legislative Bureau shall be the Director of the Legislative Bureau or his or her
lawfully authorized designee
(f) Northern Marianas Youth Congress The expenditure authority is vested in
the Director of the Legislative Bureau with the consultation of the Speaker of the
Northern Mariana Islands Youth Congress
Section 704 Executive Branch
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SS1
1 There are hereby appropriated the following amounts to fund the personnel and
2 non-personnel expenses of the offices programs and activities of the Executive Branch
3 as listed below
4 FTE PERSONNEL OPERATIONS TOTAL
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
21
22
23
24
25
26
27
28
29 30 i31
Office ofGov
Attorney General
Commerce
Comm amp Cult Affairs
Corrections
Finance
Labor
Lands amp Natural Res
Public Health
Public Safety
Public Works
Total
140
42
32
88
96
163
44
98
485
258
129
1575 $45120729 $14184384 $59305113
Section 705 First Senatorial District Rota
(a) There is hereby appropriated the following amounts to fund the personnel
and non-personnel expenses as listed below of the First Senatorial District
Mayor
Municipal Coun
Commerce (econ Dev)
CampCA
Police (DPS)
Fire
Finance amp Actg
Revenue amp Tax
Customs
Procurement amp Supply
Labor
FTE PERSONNEL OPERATIONS
99
11
8
10
34
12
3
3
6
2
7
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
1 Agriculture 20
2 Historic Preservation 4
3 Lands Regisamp Survey 6
4 Fish amp Wildlife 5
5 Parks amp Recreation 4
6 Soil amp Water Consv
7 Rota Health Center 51
8 Dental Services 4
9 DPH Med Referral 5
10 Environmental Health 2
11 Public Works 23
12 Total 320 $5677593 $576487 $6256080
13 (b) The Rota Legislative Delegation shall determine by Local Delegation
14 Resolution the allocation of the funds appropriated for the First Senatorial District
15 (c) Except as provided in this section the Mayor ofRota shall have authority to
16 expend obligate encumber or otherwise commit the funds appropriated to the First
17 Senatorial District Notwithstanding any law to the contrary the Mayor of Rota shall
18 have 100 reprogramming authority of the funds appropriated in this Act
19 Appropriations to the Municipal Council shall be divided and distributed equally to
20 each member of the Municipal Council Each Municipal Council member shall be the
21 expenditure authority of funds distributed to himher Additionally in accord with the
22 Superior Courts decision in the case of Inos v Tenorio the Mayors shall also have
23 expenditure authority over resident government departments in the First and Second
24 senatorial districts respectively unless the Governor revokes expenditure authority in a
25 manner consistent with the Superior Courts holding in Inos v Tenorio to wit
26 expenditure authority over resident departments that are primarily concerned with the
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
delivery of public services can be revoked only on a prior showing of just cause but
the Governor has discretion to revoke expenditure authority over those departments
that are primarily concerned with enforcing the law
(c) Rota Health Center Three hundred forty thousand ($34000000) from the
First Senatorial Districts budget appropriation is hereby allocated to pay for
professional services for nurses technicians and other medical and auxiliary
professionals as needed including one mental health counselor in the amount of Thirty
Three Thousand Dollars ($3300000)
(d) DPS Cadets One hundred seven thousand seven hundred eighty
($10778000) from the First Senatorial Districts budget appropriation is hereby
allocated for five (5) Full Time Equivalents (FTEs) for the Rota Department of Public
Safety of the total 329 FTEs to fully fund the five (5) 2010 DPS Academy graduates
from the First District who shall be placed as FTEs within the Rota Department of
Public Safety Any shortfall for overtime retirement or benefits shall be borne by the
municipality
(e) Dentist Seventy-seven thousand two hundred dollars ($77200) from the
First Senatorial Districts budget appropriation is hereby allocated for one (1) Full
Time Equivalent (FTE) to hire a dentist
Section 706 Second Senatorial District - Tinian amp Aguiguan
(a) There is hereby appropriated the following amounts to fund the personnel
and non-personnel expenses of the Second Senatorial District as listed below
FTE PERSONNEL OPERATIONS TOTAL
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SS1
Mayor 112
Municipal Council 3
Commerce (econo dev) 4
Historic Preservation 2
CampCA 3
Customs 3
Finance amp Acctg 2
Procurement amp Supply 2
Revenue amp Tax
Labor 8
Agriculture 15
Fish amp Wildlife 2
Parks amp Recreation 5
Environmental Health 4
Dental Services 3
Tinian Health Center 49
Police (DPS) 45
Public Works ~
Total 268 $5179361 $1076719
20 (b) The Tinian and Aguiguan Legislative Delegation shall determine by Local
21 Delegation Resolution the allocation of the funds appropriated for the Second
22 Senatorial District
23 (c) The Mayor and the Chairperson of the Municipal Council shall have the
24 expenditure authority for appropriations for their respective offices except as provided
25 below Notwithstanding any law to the contrary the Mayor of Tinian amp Aguiguan shall
26 have 100 reprogramming authority of the funds appropriated in this Act Each
27 Municipal Council member shall allocate and provide for the expenditure of the funds
28 appropriated to the Council in accordance with the Official Rules of the Council
29 Additionally in accord with the Superior Courts decision in the case of Inos v
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 lID1 SS1
Tenorio the Mayors shall also have expenditure authority over resident government
2 departments in the First and Second senatorial districts respectively unless the
3 Governor revokes expenditure authority in a manner consistent with the Superior
4 Courts holding in Inos v Tenorio to wit expenditure authority over resident
5 departments that are primarily concerned with the delivery of public services can be
6 revoked only on a prior showing of just cause but the Governor has discretion to
7 revoke expenditure authority over those departments that are primarily concerned with
8 enforcing the law
9 (d) Tinian Health Center Four hundred twenty seven thousand seven hundred
10 twenty seven and eighty one ($42772781) from the Second Senatorial Districts
11 budget appropriation is hereby allocated to pay for the direct hiring of nurses ancillary
12 staff and other needed administrative adjustments on personnel matters
13 (e) Tinian Municipal Council One hundred twenty three thousand four
14 hundred three ($123403) All Others appropriation of the Municipal Council is
15 hereby allocated as follows (1) $15000 for office rental and administrative purposes
16 and (2) $108403 for community projects and other functions ofwhich $75000 shall be
17 allocated to the chairman and the remaining balance shall be divided equally among the
18 other two members who shall be the expenditure authority of such funds
19 (f) Tinian Commerce Thirty eight thousand one hundred forty one ($38141)
20 is hereby allocated under AU Others for operations and office supplies
Section707 Third Senatorial District - Mayor ofSaipan Mayor of the Northern
Islands and Saipan and Northern Islands Municipal Council
PUBLIC LAW NO 17-21 HOUSE BILL l7~l23 HDl SSl
1 (a) There is hereby appropriated the following amounts to fund the personnel
2 and non-personnel expenses of the municipal governments of Saipan and the Northern
3 Islands as listed below
4 FTE PERSONNEL OPERATIONS TOTAL
5 Saipan Mayor 48 $875509 $248240 $1123257 6 NI Mayor 11 $192849 $86716 $279565
7 Saipan Mun Council 1 $34076 $27447 $61523
8 Total 60 $1102434 $362411 $1464845
9 (b) The Mayor of Saipan the Mayor of the Northern Islands and the
10 Chairperson of the Municipal Council for Saipan and the Northern Islands shall be the
11 expenditure authority for appropriations for their respective offices Notwithstanding
12 any law to the contrary the Mayors of Saipan and the Northern Islands respectively
13 shall have 100 reprogramming authority of the funds appropriated in this Act
14 Section 708 Autonomous Agencies
15 (a) There is hereby appropriated the following amounts to fund the following
16 autonomous agencies as listed below
17 FTE PERSONNEL OPERATIONS TOTAL
18 NMC 160 $4099229 $364235 $4464464
MVA 36 $832531 $1780496 $2611027
ajlst amp and SeRaterl Dist $369999 $36886611gtfif~tll~fu0 PSS ll13 $28521990 $2617529 $31140519f-AP( 21
22 BOE 2 $1372685 $26643 ~164~28
23 Total 1312 $33591435 $5148903 $38740338
24 (b) Northern Marianas College
25 (1) The president of the Northern Marianas College shall be the
26 expenditure authority of the appropriated funds
i
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
pfiuv~I tys
I I
20
21
(c) Marianas Visitors Authority
(1) The chairman of the Board of Directors of the Marianas Visitors
Authority shall be the expenditure authority ofthe appropriated funds
(2) Tlnee hundted sixty thousand ($360000) of the All OthelS
appropriation ofth Malianas Visitors Burau sball allocatd as follows
(i) One httndred 1vveftty thousRJJd ($120000) to susidiZle the
eftartef flights from Japan to Rota under the eKpndinY=e authority of the
Cbairman oftbe Marianas Visitors AQtborityen
(ii) One bll1dred Pyenellty tbollSaad ($120000) to promote and
market Tinian as a tourist destinatioR under the expenditure ffitthority of
the Chairman of the Mwianas Visitors Authoriry ctnd
(iii) 000 hundred tlJlnty thousand ($120000) to pay the
outstandiag KllT aGGount for completed Gbafter flights from Japan to
RotH under the expenditUfe authority of the Chairman of the Marianas
Visitor s 1AzYtbor~[
(d) Public School System
(1) The expenditure authority shall be the Commissioner of Education
or hislher designee
(2) No part of funds appropriated to BU 1607 the Public School
System shall be used to pay for any expense including but not limited to travel
or reimbursement of the Board of Education its board members and staff
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SS1
1 (e) Board of Education The chairperson of the Board of Education shall be the
2 expenditure authority of the appropriated funds
3 Section 709 Boards and Commissions
4 (a) There is hereby appropriated the following amounts to fund the following
5 boards and commissions as listed below
FTE PERSONNEL OPERATIONS
BPL
Civil Servo Comm
Election Comm
Total
3
4
1 14
$88732
$164803
$1762806
$430341
$13264
$2183
$932819
$109266
11 Section 710 Independent Programs
12 There is hereby appropriated the following amounts to fund the following
13 independent programs and activities as listed below
14 FTE PERSONNEL OPERATIONS TOTAL
15 Ayuda Network 18417 18417
16 Commonwealth Museum 4 96395 40140 136535
17 Domestic Violence 36834 36834
18 Humanities Council 4604 4604
19 JoetenlKiyu Public Library 7 128933 39674 168607
20 Marianas Bound - Karidat 54147 54147
21 Micronesian Legal Legal Services - 18417 18417
22 Nat Govs Assoc 40518 40518
23 Public Assis Program 17577 17577
24 Govt Utilities 7539509 7539509
25 Judgment 76258 76258
26 La Fiesta Lease 200000 200000
27 Aetna R-Off amp Ret -- 1463483 0 1463483
28 Total 11 1688811 8492643 10181454
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
(a) Joeten-Kiyu Public Library The expenditure authority shall be the
chairperson of the Commonwealth Library Council
(b) Public Assistance - Matching Funds The expenditure authority shall be
the Governor or his designee
(c) Judgments against the Government The expenditure authority shall be the
Secretary of Finance in consultation with the Attorney General
(d) Commonwealth Museum The chairperson of the Board of Governors of
the Commonwealth Museum or hislher designee shall be the expenditure authority
(e) Ayuda Network The expenditure authority shall be the chairperson of the
board of directors
(f) KARlDAT The executive director of Marianas Bound (KARlDAT) shall
be the expenditure authority
(g) Micronesian Legal Services The executive director of the Micronesian
Legal Services Corporation shall be the expenditure authority
(h) For programs and activities not specifically mentioned the expenditure
authority shall be the Secretary of Finance
Section 711 Other Programs
(a) There is hereby appropriated the following amounts to the following other
programs as listed below
FTE PERSONNEL OPERATIONS TOTAL
22
23
NMIOICC
Ret Pension GovLtGov
Ret PL5-3 (COLA)
1 $27476
$147506
o o
413276
$27476
$147506
$413276
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
1 Workers Comp Comm ~ $121061 129648 $250709
2 Total 6 $297751 $541216 $838967
3 Section 712 Department of Public Lands
4 (a) Pursuant to Section 103 of Public Law 15-2 $2820886 is appropriated to
5 the Department of Public Lands as follows
6 Personnel $1765104
7 Operations $1055782
8 Total $2820886
9 FTE Ceiling 65
10 No funds received or collected by or remitted to the Department of Public Lands
11 pursuant to Public Law 15-2 that are in excess of the amount appropriated in this
12 section may be reprogrammed or expended absent legislative appropriation or in
13 violation of the Constitution
14 Section 713 Reporting Requirements The expenditure authorities of the
15 foregoing activities listed in Chapter VII shall submit to the presiding officers of the
16 legislature at the end of each quarter an itemized report on the expenditures for
17 personnel and operations of each government entity and the payments of the public
18 auditors fee for the quarter ended and if applicable year-to-date totals as of the close
19 of the reporting period
20 Section 714 Compact Impact Funds
middot21 Compact Impact funds shall be used III accordance with the terms and
22 conditions set forth in the Grant Agreement and shall be used to defray qualified
23 expenses for the following activities
24 (a) Office of Public Defender $ 37151
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HDt SSI
1 (b) Dept of Community amp Cultural Affairs
2 (c) Dept of Corrections
3 (d) Dept of Public Health
4 (e) Department of Public Safety
5 Total
6 Section 715 Outside Sources
$ 44616
$ 154698
$ 536744
$ 1157234
$1930443
7 (a) Notwithstanding any law to the contrary the Governor is authorized to
8 transfer qualified operational expenses to available and unencumbered outside general
9 fund accounts not to exceed $3500000 which are hereby appropriated to pay for such
10 expenses
11 CHAPTER VIII GENERAL PROVISIONS
12 Section 801 Severability If any provision of this Act or its application to any
13 person or circumstance is held invalid the invalidity does not affect other provisions
14 or applications of the Act which can be given effect without the invalid provision or
middot15 applications and to this end the provisions ofthis Act are severable
16 Section 802 Savings Clause This Act and any repealer contained herein shall
middot17 not be construed as affecting any existing right acquired under contract or acquired
18 under statutes repealed or under any rule regulation or order adopted under the statutes
middot19 Repealers contained in this Act shall not affect any proceeding instituted under or
ao pursuant to prior law The enactment of this Act shall not have the effect of terminating
21 or in any way modifying any liability civil or criminal which shall already be in
22 existence at the date this Act becomes effective
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HDl SSI
1 Section 803 Effective Date This Act shall become law upon its approval by the
2 Governor or it becoming law without such approvaL
House Clerk
Certiiedby ~~f OILAN C ORiOSPEAKER
this
Governor
2010
Commonwealth ofthe Northern Mariana Islands
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
(1) The Department of Finance shall establish and assign a number to a
new business unit account entitled House Members Office Accounts for the
appropriation for House Members Allocation Another new business unit
account entitled Senate Members Office Accounts for the appropriation for
Senate Members Allocation Under each of these said accounts an equal
amount of the appropriation shall be allocated to subaccount further established
thereunder for each member of the respective house for the operations of the
members office as permitted under section 16 of article II of the CNMI
Constitution applicable laws and the rules of the legislative body to which the
member was elected
(2) Notwithstanding 1 CMC sect7401(c) to the contrary each member
shall be the expenditure authority of the funds allocated to their individual sub-
account
(3) Funds allocated for the operation of the members office including
but not limited to the personnel costs of the members employees and
expenditures as authorized by the adopted rules of the Senate in the case of the
Senate member or the adopted rules ofthe House of Representatives in the case
of a House member such as a monthly stipend to defray travel and incidental
expenses for the purpose of attending to legislative business outside the
members senatorial district
(4) Allocation ofFTEs among House members shall be governed by the
rules of the House
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
(5) Allocation of FTEs among Senate members shall be governed by
the rules of the Senate
(d) Senate and House Leadership Accounts
(1) The Department of Finance shall establish and assign a number to
two new business unit accounts one entitled House Leadership Account for
the appropriation in the amount of $138000 under All Others and another
new business unit account entitled Senate Leadership Account for the
appropriation in the amount of $138000 under All Others
(2) The presiding officer of each respective house or his lawfully
authorized designee shall be the expenditure authority and shall use such funds
to support the operations and activities of the House of Representatives and
Senate in accordance with its rules provided that the presiding officer
distributes a portion of the total appropriation in equal amounts to all the
standing committees for their operations and activities
(e) Legislative Bureau The expenditure authority of the funds appropriated for
the Legislative Bureau shall be the Director of the Legislative Bureau or his or her
lawfully authorized designee
(f) Northern Marianas Youth Congress The expenditure authority is vested in
the Director of the Legislative Bureau with the consultation of the Speaker of the
Northern Mariana Islands Youth Congress
Section 704 Executive Branch
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SS1
1 There are hereby appropriated the following amounts to fund the personnel and
2 non-personnel expenses of the offices programs and activities of the Executive Branch
3 as listed below
4 FTE PERSONNEL OPERATIONS TOTAL
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
21
22
23
24
25
26
27
28
29 30 i31
Office ofGov
Attorney General
Commerce
Comm amp Cult Affairs
Corrections
Finance
Labor
Lands amp Natural Res
Public Health
Public Safety
Public Works
Total
140
42
32
88
96
163
44
98
485
258
129
1575 $45120729 $14184384 $59305113
Section 705 First Senatorial District Rota
(a) There is hereby appropriated the following amounts to fund the personnel
and non-personnel expenses as listed below of the First Senatorial District
Mayor
Municipal Coun
Commerce (econ Dev)
CampCA
Police (DPS)
Fire
Finance amp Actg
Revenue amp Tax
Customs
Procurement amp Supply
Labor
FTE PERSONNEL OPERATIONS
99
11
8
10
34
12
3
3
6
2
7
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
1 Agriculture 20
2 Historic Preservation 4
3 Lands Regisamp Survey 6
4 Fish amp Wildlife 5
5 Parks amp Recreation 4
6 Soil amp Water Consv
7 Rota Health Center 51
8 Dental Services 4
9 DPH Med Referral 5
10 Environmental Health 2
11 Public Works 23
12 Total 320 $5677593 $576487 $6256080
13 (b) The Rota Legislative Delegation shall determine by Local Delegation
14 Resolution the allocation of the funds appropriated for the First Senatorial District
15 (c) Except as provided in this section the Mayor ofRota shall have authority to
16 expend obligate encumber or otherwise commit the funds appropriated to the First
17 Senatorial District Notwithstanding any law to the contrary the Mayor of Rota shall
18 have 100 reprogramming authority of the funds appropriated in this Act
19 Appropriations to the Municipal Council shall be divided and distributed equally to
20 each member of the Municipal Council Each Municipal Council member shall be the
21 expenditure authority of funds distributed to himher Additionally in accord with the
22 Superior Courts decision in the case of Inos v Tenorio the Mayors shall also have
23 expenditure authority over resident government departments in the First and Second
24 senatorial districts respectively unless the Governor revokes expenditure authority in a
25 manner consistent with the Superior Courts holding in Inos v Tenorio to wit
26 expenditure authority over resident departments that are primarily concerned with the
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
delivery of public services can be revoked only on a prior showing of just cause but
the Governor has discretion to revoke expenditure authority over those departments
that are primarily concerned with enforcing the law
(c) Rota Health Center Three hundred forty thousand ($34000000) from the
First Senatorial Districts budget appropriation is hereby allocated to pay for
professional services for nurses technicians and other medical and auxiliary
professionals as needed including one mental health counselor in the amount of Thirty
Three Thousand Dollars ($3300000)
(d) DPS Cadets One hundred seven thousand seven hundred eighty
($10778000) from the First Senatorial Districts budget appropriation is hereby
allocated for five (5) Full Time Equivalents (FTEs) for the Rota Department of Public
Safety of the total 329 FTEs to fully fund the five (5) 2010 DPS Academy graduates
from the First District who shall be placed as FTEs within the Rota Department of
Public Safety Any shortfall for overtime retirement or benefits shall be borne by the
municipality
(e) Dentist Seventy-seven thousand two hundred dollars ($77200) from the
First Senatorial Districts budget appropriation is hereby allocated for one (1) Full
Time Equivalent (FTE) to hire a dentist
Section 706 Second Senatorial District - Tinian amp Aguiguan
(a) There is hereby appropriated the following amounts to fund the personnel
and non-personnel expenses of the Second Senatorial District as listed below
FTE PERSONNEL OPERATIONS TOTAL
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SS1
Mayor 112
Municipal Council 3
Commerce (econo dev) 4
Historic Preservation 2
CampCA 3
Customs 3
Finance amp Acctg 2
Procurement amp Supply 2
Revenue amp Tax
Labor 8
Agriculture 15
Fish amp Wildlife 2
Parks amp Recreation 5
Environmental Health 4
Dental Services 3
Tinian Health Center 49
Police (DPS) 45
Public Works ~
Total 268 $5179361 $1076719
20 (b) The Tinian and Aguiguan Legislative Delegation shall determine by Local
21 Delegation Resolution the allocation of the funds appropriated for the Second
22 Senatorial District
23 (c) The Mayor and the Chairperson of the Municipal Council shall have the
24 expenditure authority for appropriations for their respective offices except as provided
25 below Notwithstanding any law to the contrary the Mayor of Tinian amp Aguiguan shall
26 have 100 reprogramming authority of the funds appropriated in this Act Each
27 Municipal Council member shall allocate and provide for the expenditure of the funds
28 appropriated to the Council in accordance with the Official Rules of the Council
29 Additionally in accord with the Superior Courts decision in the case of Inos v
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 lID1 SS1
Tenorio the Mayors shall also have expenditure authority over resident government
2 departments in the First and Second senatorial districts respectively unless the
3 Governor revokes expenditure authority in a manner consistent with the Superior
4 Courts holding in Inos v Tenorio to wit expenditure authority over resident
5 departments that are primarily concerned with the delivery of public services can be
6 revoked only on a prior showing of just cause but the Governor has discretion to
7 revoke expenditure authority over those departments that are primarily concerned with
8 enforcing the law
9 (d) Tinian Health Center Four hundred twenty seven thousand seven hundred
10 twenty seven and eighty one ($42772781) from the Second Senatorial Districts
11 budget appropriation is hereby allocated to pay for the direct hiring of nurses ancillary
12 staff and other needed administrative adjustments on personnel matters
13 (e) Tinian Municipal Council One hundred twenty three thousand four
14 hundred three ($123403) All Others appropriation of the Municipal Council is
15 hereby allocated as follows (1) $15000 for office rental and administrative purposes
16 and (2) $108403 for community projects and other functions ofwhich $75000 shall be
17 allocated to the chairman and the remaining balance shall be divided equally among the
18 other two members who shall be the expenditure authority of such funds
19 (f) Tinian Commerce Thirty eight thousand one hundred forty one ($38141)
20 is hereby allocated under AU Others for operations and office supplies
Section707 Third Senatorial District - Mayor ofSaipan Mayor of the Northern
Islands and Saipan and Northern Islands Municipal Council
PUBLIC LAW NO 17-21 HOUSE BILL l7~l23 HDl SSl
1 (a) There is hereby appropriated the following amounts to fund the personnel
2 and non-personnel expenses of the municipal governments of Saipan and the Northern
3 Islands as listed below
4 FTE PERSONNEL OPERATIONS TOTAL
5 Saipan Mayor 48 $875509 $248240 $1123257 6 NI Mayor 11 $192849 $86716 $279565
7 Saipan Mun Council 1 $34076 $27447 $61523
8 Total 60 $1102434 $362411 $1464845
9 (b) The Mayor of Saipan the Mayor of the Northern Islands and the
10 Chairperson of the Municipal Council for Saipan and the Northern Islands shall be the
11 expenditure authority for appropriations for their respective offices Notwithstanding
12 any law to the contrary the Mayors of Saipan and the Northern Islands respectively
13 shall have 100 reprogramming authority of the funds appropriated in this Act
14 Section 708 Autonomous Agencies
15 (a) There is hereby appropriated the following amounts to fund the following
16 autonomous agencies as listed below
17 FTE PERSONNEL OPERATIONS TOTAL
18 NMC 160 $4099229 $364235 $4464464
MVA 36 $832531 $1780496 $2611027
ajlst amp and SeRaterl Dist $369999 $36886611gtfif~tll~fu0 PSS ll13 $28521990 $2617529 $31140519f-AP( 21
22 BOE 2 $1372685 $26643 ~164~28
23 Total 1312 $33591435 $5148903 $38740338
24 (b) Northern Marianas College
25 (1) The president of the Northern Marianas College shall be the
26 expenditure authority of the appropriated funds
i
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
pfiuv~I tys
I I
20
21
(c) Marianas Visitors Authority
(1) The chairman of the Board of Directors of the Marianas Visitors
Authority shall be the expenditure authority ofthe appropriated funds
(2) Tlnee hundted sixty thousand ($360000) of the All OthelS
appropriation ofth Malianas Visitors Burau sball allocatd as follows
(i) One httndred 1vveftty thousRJJd ($120000) to susidiZle the
eftartef flights from Japan to Rota under the eKpndinY=e authority of the
Cbairman oftbe Marianas Visitors AQtborityen
(ii) One bll1dred Pyenellty tbollSaad ($120000) to promote and
market Tinian as a tourist destinatioR under the expenditure ffitthority of
the Chairman of the Mwianas Visitors Authoriry ctnd
(iii) 000 hundred tlJlnty thousand ($120000) to pay the
outstandiag KllT aGGount for completed Gbafter flights from Japan to
RotH under the expenditUfe authority of the Chairman of the Marianas
Visitor s 1AzYtbor~[
(d) Public School System
(1) The expenditure authority shall be the Commissioner of Education
or hislher designee
(2) No part of funds appropriated to BU 1607 the Public School
System shall be used to pay for any expense including but not limited to travel
or reimbursement of the Board of Education its board members and staff
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SS1
1 (e) Board of Education The chairperson of the Board of Education shall be the
2 expenditure authority of the appropriated funds
3 Section 709 Boards and Commissions
4 (a) There is hereby appropriated the following amounts to fund the following
5 boards and commissions as listed below
FTE PERSONNEL OPERATIONS
BPL
Civil Servo Comm
Election Comm
Total
3
4
1 14
$88732
$164803
$1762806
$430341
$13264
$2183
$932819
$109266
11 Section 710 Independent Programs
12 There is hereby appropriated the following amounts to fund the following
13 independent programs and activities as listed below
14 FTE PERSONNEL OPERATIONS TOTAL
15 Ayuda Network 18417 18417
16 Commonwealth Museum 4 96395 40140 136535
17 Domestic Violence 36834 36834
18 Humanities Council 4604 4604
19 JoetenlKiyu Public Library 7 128933 39674 168607
20 Marianas Bound - Karidat 54147 54147
21 Micronesian Legal Legal Services - 18417 18417
22 Nat Govs Assoc 40518 40518
23 Public Assis Program 17577 17577
24 Govt Utilities 7539509 7539509
25 Judgment 76258 76258
26 La Fiesta Lease 200000 200000
27 Aetna R-Off amp Ret -- 1463483 0 1463483
28 Total 11 1688811 8492643 10181454
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
(a) Joeten-Kiyu Public Library The expenditure authority shall be the
chairperson of the Commonwealth Library Council
(b) Public Assistance - Matching Funds The expenditure authority shall be
the Governor or his designee
(c) Judgments against the Government The expenditure authority shall be the
Secretary of Finance in consultation with the Attorney General
(d) Commonwealth Museum The chairperson of the Board of Governors of
the Commonwealth Museum or hislher designee shall be the expenditure authority
(e) Ayuda Network The expenditure authority shall be the chairperson of the
board of directors
(f) KARlDAT The executive director of Marianas Bound (KARlDAT) shall
be the expenditure authority
(g) Micronesian Legal Services The executive director of the Micronesian
Legal Services Corporation shall be the expenditure authority
(h) For programs and activities not specifically mentioned the expenditure
authority shall be the Secretary of Finance
Section 711 Other Programs
(a) There is hereby appropriated the following amounts to the following other
programs as listed below
FTE PERSONNEL OPERATIONS TOTAL
22
23
NMIOICC
Ret Pension GovLtGov
Ret PL5-3 (COLA)
1 $27476
$147506
o o
413276
$27476
$147506
$413276
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
1 Workers Comp Comm ~ $121061 129648 $250709
2 Total 6 $297751 $541216 $838967
3 Section 712 Department of Public Lands
4 (a) Pursuant to Section 103 of Public Law 15-2 $2820886 is appropriated to
5 the Department of Public Lands as follows
6 Personnel $1765104
7 Operations $1055782
8 Total $2820886
9 FTE Ceiling 65
10 No funds received or collected by or remitted to the Department of Public Lands
11 pursuant to Public Law 15-2 that are in excess of the amount appropriated in this
12 section may be reprogrammed or expended absent legislative appropriation or in
13 violation of the Constitution
14 Section 713 Reporting Requirements The expenditure authorities of the
15 foregoing activities listed in Chapter VII shall submit to the presiding officers of the
16 legislature at the end of each quarter an itemized report on the expenditures for
17 personnel and operations of each government entity and the payments of the public
18 auditors fee for the quarter ended and if applicable year-to-date totals as of the close
19 of the reporting period
20 Section 714 Compact Impact Funds
middot21 Compact Impact funds shall be used III accordance with the terms and
22 conditions set forth in the Grant Agreement and shall be used to defray qualified
23 expenses for the following activities
24 (a) Office of Public Defender $ 37151
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HDt SSI
1 (b) Dept of Community amp Cultural Affairs
2 (c) Dept of Corrections
3 (d) Dept of Public Health
4 (e) Department of Public Safety
5 Total
6 Section 715 Outside Sources
$ 44616
$ 154698
$ 536744
$ 1157234
$1930443
7 (a) Notwithstanding any law to the contrary the Governor is authorized to
8 transfer qualified operational expenses to available and unencumbered outside general
9 fund accounts not to exceed $3500000 which are hereby appropriated to pay for such
10 expenses
11 CHAPTER VIII GENERAL PROVISIONS
12 Section 801 Severability If any provision of this Act or its application to any
13 person or circumstance is held invalid the invalidity does not affect other provisions
14 or applications of the Act which can be given effect without the invalid provision or
middot15 applications and to this end the provisions ofthis Act are severable
16 Section 802 Savings Clause This Act and any repealer contained herein shall
middot17 not be construed as affecting any existing right acquired under contract or acquired
18 under statutes repealed or under any rule regulation or order adopted under the statutes
middot19 Repealers contained in this Act shall not affect any proceeding instituted under or
ao pursuant to prior law The enactment of this Act shall not have the effect of terminating
21 or in any way modifying any liability civil or criminal which shall already be in
22 existence at the date this Act becomes effective
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HDl SSI
1 Section 803 Effective Date This Act shall become law upon its approval by the
2 Governor or it becoming law without such approvaL
House Clerk
Certiiedby ~~f OILAN C ORiOSPEAKER
this
Governor
2010
Commonwealth ofthe Northern Mariana Islands
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
(5) Allocation of FTEs among Senate members shall be governed by
the rules of the Senate
(d) Senate and House Leadership Accounts
(1) The Department of Finance shall establish and assign a number to
two new business unit accounts one entitled House Leadership Account for
the appropriation in the amount of $138000 under All Others and another
new business unit account entitled Senate Leadership Account for the
appropriation in the amount of $138000 under All Others
(2) The presiding officer of each respective house or his lawfully
authorized designee shall be the expenditure authority and shall use such funds
to support the operations and activities of the House of Representatives and
Senate in accordance with its rules provided that the presiding officer
distributes a portion of the total appropriation in equal amounts to all the
standing committees for their operations and activities
(e) Legislative Bureau The expenditure authority of the funds appropriated for
the Legislative Bureau shall be the Director of the Legislative Bureau or his or her
lawfully authorized designee
(f) Northern Marianas Youth Congress The expenditure authority is vested in
the Director of the Legislative Bureau with the consultation of the Speaker of the
Northern Mariana Islands Youth Congress
Section 704 Executive Branch
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SS1
1 There are hereby appropriated the following amounts to fund the personnel and
2 non-personnel expenses of the offices programs and activities of the Executive Branch
3 as listed below
4 FTE PERSONNEL OPERATIONS TOTAL
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
21
22
23
24
25
26
27
28
29 30 i31
Office ofGov
Attorney General
Commerce
Comm amp Cult Affairs
Corrections
Finance
Labor
Lands amp Natural Res
Public Health
Public Safety
Public Works
Total
140
42
32
88
96
163
44
98
485
258
129
1575 $45120729 $14184384 $59305113
Section 705 First Senatorial District Rota
(a) There is hereby appropriated the following amounts to fund the personnel
and non-personnel expenses as listed below of the First Senatorial District
Mayor
Municipal Coun
Commerce (econ Dev)
CampCA
Police (DPS)
Fire
Finance amp Actg
Revenue amp Tax
Customs
Procurement amp Supply
Labor
FTE PERSONNEL OPERATIONS
99
11
8
10
34
12
3
3
6
2
7
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
1 Agriculture 20
2 Historic Preservation 4
3 Lands Regisamp Survey 6
4 Fish amp Wildlife 5
5 Parks amp Recreation 4
6 Soil amp Water Consv
7 Rota Health Center 51
8 Dental Services 4
9 DPH Med Referral 5
10 Environmental Health 2
11 Public Works 23
12 Total 320 $5677593 $576487 $6256080
13 (b) The Rota Legislative Delegation shall determine by Local Delegation
14 Resolution the allocation of the funds appropriated for the First Senatorial District
15 (c) Except as provided in this section the Mayor ofRota shall have authority to
16 expend obligate encumber or otherwise commit the funds appropriated to the First
17 Senatorial District Notwithstanding any law to the contrary the Mayor of Rota shall
18 have 100 reprogramming authority of the funds appropriated in this Act
19 Appropriations to the Municipal Council shall be divided and distributed equally to
20 each member of the Municipal Council Each Municipal Council member shall be the
21 expenditure authority of funds distributed to himher Additionally in accord with the
22 Superior Courts decision in the case of Inos v Tenorio the Mayors shall also have
23 expenditure authority over resident government departments in the First and Second
24 senatorial districts respectively unless the Governor revokes expenditure authority in a
25 manner consistent with the Superior Courts holding in Inos v Tenorio to wit
26 expenditure authority over resident departments that are primarily concerned with the
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
delivery of public services can be revoked only on a prior showing of just cause but
the Governor has discretion to revoke expenditure authority over those departments
that are primarily concerned with enforcing the law
(c) Rota Health Center Three hundred forty thousand ($34000000) from the
First Senatorial Districts budget appropriation is hereby allocated to pay for
professional services for nurses technicians and other medical and auxiliary
professionals as needed including one mental health counselor in the amount of Thirty
Three Thousand Dollars ($3300000)
(d) DPS Cadets One hundred seven thousand seven hundred eighty
($10778000) from the First Senatorial Districts budget appropriation is hereby
allocated for five (5) Full Time Equivalents (FTEs) for the Rota Department of Public
Safety of the total 329 FTEs to fully fund the five (5) 2010 DPS Academy graduates
from the First District who shall be placed as FTEs within the Rota Department of
Public Safety Any shortfall for overtime retirement or benefits shall be borne by the
municipality
(e) Dentist Seventy-seven thousand two hundred dollars ($77200) from the
First Senatorial Districts budget appropriation is hereby allocated for one (1) Full
Time Equivalent (FTE) to hire a dentist
Section 706 Second Senatorial District - Tinian amp Aguiguan
(a) There is hereby appropriated the following amounts to fund the personnel
and non-personnel expenses of the Second Senatorial District as listed below
FTE PERSONNEL OPERATIONS TOTAL
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SS1
Mayor 112
Municipal Council 3
Commerce (econo dev) 4
Historic Preservation 2
CampCA 3
Customs 3
Finance amp Acctg 2
Procurement amp Supply 2
Revenue amp Tax
Labor 8
Agriculture 15
Fish amp Wildlife 2
Parks amp Recreation 5
Environmental Health 4
Dental Services 3
Tinian Health Center 49
Police (DPS) 45
Public Works ~
Total 268 $5179361 $1076719
20 (b) The Tinian and Aguiguan Legislative Delegation shall determine by Local
21 Delegation Resolution the allocation of the funds appropriated for the Second
22 Senatorial District
23 (c) The Mayor and the Chairperson of the Municipal Council shall have the
24 expenditure authority for appropriations for their respective offices except as provided
25 below Notwithstanding any law to the contrary the Mayor of Tinian amp Aguiguan shall
26 have 100 reprogramming authority of the funds appropriated in this Act Each
27 Municipal Council member shall allocate and provide for the expenditure of the funds
28 appropriated to the Council in accordance with the Official Rules of the Council
29 Additionally in accord with the Superior Courts decision in the case of Inos v
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 lID1 SS1
Tenorio the Mayors shall also have expenditure authority over resident government
2 departments in the First and Second senatorial districts respectively unless the
3 Governor revokes expenditure authority in a manner consistent with the Superior
4 Courts holding in Inos v Tenorio to wit expenditure authority over resident
5 departments that are primarily concerned with the delivery of public services can be
6 revoked only on a prior showing of just cause but the Governor has discretion to
7 revoke expenditure authority over those departments that are primarily concerned with
8 enforcing the law
9 (d) Tinian Health Center Four hundred twenty seven thousand seven hundred
10 twenty seven and eighty one ($42772781) from the Second Senatorial Districts
11 budget appropriation is hereby allocated to pay for the direct hiring of nurses ancillary
12 staff and other needed administrative adjustments on personnel matters
13 (e) Tinian Municipal Council One hundred twenty three thousand four
14 hundred three ($123403) All Others appropriation of the Municipal Council is
15 hereby allocated as follows (1) $15000 for office rental and administrative purposes
16 and (2) $108403 for community projects and other functions ofwhich $75000 shall be
17 allocated to the chairman and the remaining balance shall be divided equally among the
18 other two members who shall be the expenditure authority of such funds
19 (f) Tinian Commerce Thirty eight thousand one hundred forty one ($38141)
20 is hereby allocated under AU Others for operations and office supplies
Section707 Third Senatorial District - Mayor ofSaipan Mayor of the Northern
Islands and Saipan and Northern Islands Municipal Council
PUBLIC LAW NO 17-21 HOUSE BILL l7~l23 HDl SSl
1 (a) There is hereby appropriated the following amounts to fund the personnel
2 and non-personnel expenses of the municipal governments of Saipan and the Northern
3 Islands as listed below
4 FTE PERSONNEL OPERATIONS TOTAL
5 Saipan Mayor 48 $875509 $248240 $1123257 6 NI Mayor 11 $192849 $86716 $279565
7 Saipan Mun Council 1 $34076 $27447 $61523
8 Total 60 $1102434 $362411 $1464845
9 (b) The Mayor of Saipan the Mayor of the Northern Islands and the
10 Chairperson of the Municipal Council for Saipan and the Northern Islands shall be the
11 expenditure authority for appropriations for their respective offices Notwithstanding
12 any law to the contrary the Mayors of Saipan and the Northern Islands respectively
13 shall have 100 reprogramming authority of the funds appropriated in this Act
14 Section 708 Autonomous Agencies
15 (a) There is hereby appropriated the following amounts to fund the following
16 autonomous agencies as listed below
17 FTE PERSONNEL OPERATIONS TOTAL
18 NMC 160 $4099229 $364235 $4464464
MVA 36 $832531 $1780496 $2611027
ajlst amp and SeRaterl Dist $369999 $36886611gtfif~tll~fu0 PSS ll13 $28521990 $2617529 $31140519f-AP( 21
22 BOE 2 $1372685 $26643 ~164~28
23 Total 1312 $33591435 $5148903 $38740338
24 (b) Northern Marianas College
25 (1) The president of the Northern Marianas College shall be the
26 expenditure authority of the appropriated funds
i
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
pfiuv~I tys
I I
20
21
(c) Marianas Visitors Authority
(1) The chairman of the Board of Directors of the Marianas Visitors
Authority shall be the expenditure authority ofthe appropriated funds
(2) Tlnee hundted sixty thousand ($360000) of the All OthelS
appropriation ofth Malianas Visitors Burau sball allocatd as follows
(i) One httndred 1vveftty thousRJJd ($120000) to susidiZle the
eftartef flights from Japan to Rota under the eKpndinY=e authority of the
Cbairman oftbe Marianas Visitors AQtborityen
(ii) One bll1dred Pyenellty tbollSaad ($120000) to promote and
market Tinian as a tourist destinatioR under the expenditure ffitthority of
the Chairman of the Mwianas Visitors Authoriry ctnd
(iii) 000 hundred tlJlnty thousand ($120000) to pay the
outstandiag KllT aGGount for completed Gbafter flights from Japan to
RotH under the expenditUfe authority of the Chairman of the Marianas
Visitor s 1AzYtbor~[
(d) Public School System
(1) The expenditure authority shall be the Commissioner of Education
or hislher designee
(2) No part of funds appropriated to BU 1607 the Public School
System shall be used to pay for any expense including but not limited to travel
or reimbursement of the Board of Education its board members and staff
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SS1
1 (e) Board of Education The chairperson of the Board of Education shall be the
2 expenditure authority of the appropriated funds
3 Section 709 Boards and Commissions
4 (a) There is hereby appropriated the following amounts to fund the following
5 boards and commissions as listed below
FTE PERSONNEL OPERATIONS
BPL
Civil Servo Comm
Election Comm
Total
3
4
1 14
$88732
$164803
$1762806
$430341
$13264
$2183
$932819
$109266
11 Section 710 Independent Programs
12 There is hereby appropriated the following amounts to fund the following
13 independent programs and activities as listed below
14 FTE PERSONNEL OPERATIONS TOTAL
15 Ayuda Network 18417 18417
16 Commonwealth Museum 4 96395 40140 136535
17 Domestic Violence 36834 36834
18 Humanities Council 4604 4604
19 JoetenlKiyu Public Library 7 128933 39674 168607
20 Marianas Bound - Karidat 54147 54147
21 Micronesian Legal Legal Services - 18417 18417
22 Nat Govs Assoc 40518 40518
23 Public Assis Program 17577 17577
24 Govt Utilities 7539509 7539509
25 Judgment 76258 76258
26 La Fiesta Lease 200000 200000
27 Aetna R-Off amp Ret -- 1463483 0 1463483
28 Total 11 1688811 8492643 10181454
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
(a) Joeten-Kiyu Public Library The expenditure authority shall be the
chairperson of the Commonwealth Library Council
(b) Public Assistance - Matching Funds The expenditure authority shall be
the Governor or his designee
(c) Judgments against the Government The expenditure authority shall be the
Secretary of Finance in consultation with the Attorney General
(d) Commonwealth Museum The chairperson of the Board of Governors of
the Commonwealth Museum or hislher designee shall be the expenditure authority
(e) Ayuda Network The expenditure authority shall be the chairperson of the
board of directors
(f) KARlDAT The executive director of Marianas Bound (KARlDAT) shall
be the expenditure authority
(g) Micronesian Legal Services The executive director of the Micronesian
Legal Services Corporation shall be the expenditure authority
(h) For programs and activities not specifically mentioned the expenditure
authority shall be the Secretary of Finance
Section 711 Other Programs
(a) There is hereby appropriated the following amounts to the following other
programs as listed below
FTE PERSONNEL OPERATIONS TOTAL
22
23
NMIOICC
Ret Pension GovLtGov
Ret PL5-3 (COLA)
1 $27476
$147506
o o
413276
$27476
$147506
$413276
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
1 Workers Comp Comm ~ $121061 129648 $250709
2 Total 6 $297751 $541216 $838967
3 Section 712 Department of Public Lands
4 (a) Pursuant to Section 103 of Public Law 15-2 $2820886 is appropriated to
5 the Department of Public Lands as follows
6 Personnel $1765104
7 Operations $1055782
8 Total $2820886
9 FTE Ceiling 65
10 No funds received or collected by or remitted to the Department of Public Lands
11 pursuant to Public Law 15-2 that are in excess of the amount appropriated in this
12 section may be reprogrammed or expended absent legislative appropriation or in
13 violation of the Constitution
14 Section 713 Reporting Requirements The expenditure authorities of the
15 foregoing activities listed in Chapter VII shall submit to the presiding officers of the
16 legislature at the end of each quarter an itemized report on the expenditures for
17 personnel and operations of each government entity and the payments of the public
18 auditors fee for the quarter ended and if applicable year-to-date totals as of the close
19 of the reporting period
20 Section 714 Compact Impact Funds
middot21 Compact Impact funds shall be used III accordance with the terms and
22 conditions set forth in the Grant Agreement and shall be used to defray qualified
23 expenses for the following activities
24 (a) Office of Public Defender $ 37151
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HDt SSI
1 (b) Dept of Community amp Cultural Affairs
2 (c) Dept of Corrections
3 (d) Dept of Public Health
4 (e) Department of Public Safety
5 Total
6 Section 715 Outside Sources
$ 44616
$ 154698
$ 536744
$ 1157234
$1930443
7 (a) Notwithstanding any law to the contrary the Governor is authorized to
8 transfer qualified operational expenses to available and unencumbered outside general
9 fund accounts not to exceed $3500000 which are hereby appropriated to pay for such
10 expenses
11 CHAPTER VIII GENERAL PROVISIONS
12 Section 801 Severability If any provision of this Act or its application to any
13 person or circumstance is held invalid the invalidity does not affect other provisions
14 or applications of the Act which can be given effect without the invalid provision or
middot15 applications and to this end the provisions ofthis Act are severable
16 Section 802 Savings Clause This Act and any repealer contained herein shall
middot17 not be construed as affecting any existing right acquired under contract or acquired
18 under statutes repealed or under any rule regulation or order adopted under the statutes
middot19 Repealers contained in this Act shall not affect any proceeding instituted under or
ao pursuant to prior law The enactment of this Act shall not have the effect of terminating
21 or in any way modifying any liability civil or criminal which shall already be in
22 existence at the date this Act becomes effective
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HDl SSI
1 Section 803 Effective Date This Act shall become law upon its approval by the
2 Governor or it becoming law without such approvaL
House Clerk
Certiiedby ~~f OILAN C ORiOSPEAKER
this
Governor
2010
Commonwealth ofthe Northern Mariana Islands
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SS1
1 There are hereby appropriated the following amounts to fund the personnel and
2 non-personnel expenses of the offices programs and activities of the Executive Branch
3 as listed below
4 FTE PERSONNEL OPERATIONS TOTAL
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
21
22
23
24
25
26
27
28
29 30 i31
Office ofGov
Attorney General
Commerce
Comm amp Cult Affairs
Corrections
Finance
Labor
Lands amp Natural Res
Public Health
Public Safety
Public Works
Total
140
42
32
88
96
163
44
98
485
258
129
1575 $45120729 $14184384 $59305113
Section 705 First Senatorial District Rota
(a) There is hereby appropriated the following amounts to fund the personnel
and non-personnel expenses as listed below of the First Senatorial District
Mayor
Municipal Coun
Commerce (econ Dev)
CampCA
Police (DPS)
Fire
Finance amp Actg
Revenue amp Tax
Customs
Procurement amp Supply
Labor
FTE PERSONNEL OPERATIONS
99
11
8
10
34
12
3
3
6
2
7
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
1 Agriculture 20
2 Historic Preservation 4
3 Lands Regisamp Survey 6
4 Fish amp Wildlife 5
5 Parks amp Recreation 4
6 Soil amp Water Consv
7 Rota Health Center 51
8 Dental Services 4
9 DPH Med Referral 5
10 Environmental Health 2
11 Public Works 23
12 Total 320 $5677593 $576487 $6256080
13 (b) The Rota Legislative Delegation shall determine by Local Delegation
14 Resolution the allocation of the funds appropriated for the First Senatorial District
15 (c) Except as provided in this section the Mayor ofRota shall have authority to
16 expend obligate encumber or otherwise commit the funds appropriated to the First
17 Senatorial District Notwithstanding any law to the contrary the Mayor of Rota shall
18 have 100 reprogramming authority of the funds appropriated in this Act
19 Appropriations to the Municipal Council shall be divided and distributed equally to
20 each member of the Municipal Council Each Municipal Council member shall be the
21 expenditure authority of funds distributed to himher Additionally in accord with the
22 Superior Courts decision in the case of Inos v Tenorio the Mayors shall also have
23 expenditure authority over resident government departments in the First and Second
24 senatorial districts respectively unless the Governor revokes expenditure authority in a
25 manner consistent with the Superior Courts holding in Inos v Tenorio to wit
26 expenditure authority over resident departments that are primarily concerned with the
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
delivery of public services can be revoked only on a prior showing of just cause but
the Governor has discretion to revoke expenditure authority over those departments
that are primarily concerned with enforcing the law
(c) Rota Health Center Three hundred forty thousand ($34000000) from the
First Senatorial Districts budget appropriation is hereby allocated to pay for
professional services for nurses technicians and other medical and auxiliary
professionals as needed including one mental health counselor in the amount of Thirty
Three Thousand Dollars ($3300000)
(d) DPS Cadets One hundred seven thousand seven hundred eighty
($10778000) from the First Senatorial Districts budget appropriation is hereby
allocated for five (5) Full Time Equivalents (FTEs) for the Rota Department of Public
Safety of the total 329 FTEs to fully fund the five (5) 2010 DPS Academy graduates
from the First District who shall be placed as FTEs within the Rota Department of
Public Safety Any shortfall for overtime retirement or benefits shall be borne by the
municipality
(e) Dentist Seventy-seven thousand two hundred dollars ($77200) from the
First Senatorial Districts budget appropriation is hereby allocated for one (1) Full
Time Equivalent (FTE) to hire a dentist
Section 706 Second Senatorial District - Tinian amp Aguiguan
(a) There is hereby appropriated the following amounts to fund the personnel
and non-personnel expenses of the Second Senatorial District as listed below
FTE PERSONNEL OPERATIONS TOTAL
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SS1
Mayor 112
Municipal Council 3
Commerce (econo dev) 4
Historic Preservation 2
CampCA 3
Customs 3
Finance amp Acctg 2
Procurement amp Supply 2
Revenue amp Tax
Labor 8
Agriculture 15
Fish amp Wildlife 2
Parks amp Recreation 5
Environmental Health 4
Dental Services 3
Tinian Health Center 49
Police (DPS) 45
Public Works ~
Total 268 $5179361 $1076719
20 (b) The Tinian and Aguiguan Legislative Delegation shall determine by Local
21 Delegation Resolution the allocation of the funds appropriated for the Second
22 Senatorial District
23 (c) The Mayor and the Chairperson of the Municipal Council shall have the
24 expenditure authority for appropriations for their respective offices except as provided
25 below Notwithstanding any law to the contrary the Mayor of Tinian amp Aguiguan shall
26 have 100 reprogramming authority of the funds appropriated in this Act Each
27 Municipal Council member shall allocate and provide for the expenditure of the funds
28 appropriated to the Council in accordance with the Official Rules of the Council
29 Additionally in accord with the Superior Courts decision in the case of Inos v
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 lID1 SS1
Tenorio the Mayors shall also have expenditure authority over resident government
2 departments in the First and Second senatorial districts respectively unless the
3 Governor revokes expenditure authority in a manner consistent with the Superior
4 Courts holding in Inos v Tenorio to wit expenditure authority over resident
5 departments that are primarily concerned with the delivery of public services can be
6 revoked only on a prior showing of just cause but the Governor has discretion to
7 revoke expenditure authority over those departments that are primarily concerned with
8 enforcing the law
9 (d) Tinian Health Center Four hundred twenty seven thousand seven hundred
10 twenty seven and eighty one ($42772781) from the Second Senatorial Districts
11 budget appropriation is hereby allocated to pay for the direct hiring of nurses ancillary
12 staff and other needed administrative adjustments on personnel matters
13 (e) Tinian Municipal Council One hundred twenty three thousand four
14 hundred three ($123403) All Others appropriation of the Municipal Council is
15 hereby allocated as follows (1) $15000 for office rental and administrative purposes
16 and (2) $108403 for community projects and other functions ofwhich $75000 shall be
17 allocated to the chairman and the remaining balance shall be divided equally among the
18 other two members who shall be the expenditure authority of such funds
19 (f) Tinian Commerce Thirty eight thousand one hundred forty one ($38141)
20 is hereby allocated under AU Others for operations and office supplies
Section707 Third Senatorial District - Mayor ofSaipan Mayor of the Northern
Islands and Saipan and Northern Islands Municipal Council
PUBLIC LAW NO 17-21 HOUSE BILL l7~l23 HDl SSl
1 (a) There is hereby appropriated the following amounts to fund the personnel
2 and non-personnel expenses of the municipal governments of Saipan and the Northern
3 Islands as listed below
4 FTE PERSONNEL OPERATIONS TOTAL
5 Saipan Mayor 48 $875509 $248240 $1123257 6 NI Mayor 11 $192849 $86716 $279565
7 Saipan Mun Council 1 $34076 $27447 $61523
8 Total 60 $1102434 $362411 $1464845
9 (b) The Mayor of Saipan the Mayor of the Northern Islands and the
10 Chairperson of the Municipal Council for Saipan and the Northern Islands shall be the
11 expenditure authority for appropriations for their respective offices Notwithstanding
12 any law to the contrary the Mayors of Saipan and the Northern Islands respectively
13 shall have 100 reprogramming authority of the funds appropriated in this Act
14 Section 708 Autonomous Agencies
15 (a) There is hereby appropriated the following amounts to fund the following
16 autonomous agencies as listed below
17 FTE PERSONNEL OPERATIONS TOTAL
18 NMC 160 $4099229 $364235 $4464464
MVA 36 $832531 $1780496 $2611027
ajlst amp and SeRaterl Dist $369999 $36886611gtfif~tll~fu0 PSS ll13 $28521990 $2617529 $31140519f-AP( 21
22 BOE 2 $1372685 $26643 ~164~28
23 Total 1312 $33591435 $5148903 $38740338
24 (b) Northern Marianas College
25 (1) The president of the Northern Marianas College shall be the
26 expenditure authority of the appropriated funds
i
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
pfiuv~I tys
I I
20
21
(c) Marianas Visitors Authority
(1) The chairman of the Board of Directors of the Marianas Visitors
Authority shall be the expenditure authority ofthe appropriated funds
(2) Tlnee hundted sixty thousand ($360000) of the All OthelS
appropriation ofth Malianas Visitors Burau sball allocatd as follows
(i) One httndred 1vveftty thousRJJd ($120000) to susidiZle the
eftartef flights from Japan to Rota under the eKpndinY=e authority of the
Cbairman oftbe Marianas Visitors AQtborityen
(ii) One bll1dred Pyenellty tbollSaad ($120000) to promote and
market Tinian as a tourist destinatioR under the expenditure ffitthority of
the Chairman of the Mwianas Visitors Authoriry ctnd
(iii) 000 hundred tlJlnty thousand ($120000) to pay the
outstandiag KllT aGGount for completed Gbafter flights from Japan to
RotH under the expenditUfe authority of the Chairman of the Marianas
Visitor s 1AzYtbor~[
(d) Public School System
(1) The expenditure authority shall be the Commissioner of Education
or hislher designee
(2) No part of funds appropriated to BU 1607 the Public School
System shall be used to pay for any expense including but not limited to travel
or reimbursement of the Board of Education its board members and staff
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SS1
1 (e) Board of Education The chairperson of the Board of Education shall be the
2 expenditure authority of the appropriated funds
3 Section 709 Boards and Commissions
4 (a) There is hereby appropriated the following amounts to fund the following
5 boards and commissions as listed below
FTE PERSONNEL OPERATIONS
BPL
Civil Servo Comm
Election Comm
Total
3
4
1 14
$88732
$164803
$1762806
$430341
$13264
$2183
$932819
$109266
11 Section 710 Independent Programs
12 There is hereby appropriated the following amounts to fund the following
13 independent programs and activities as listed below
14 FTE PERSONNEL OPERATIONS TOTAL
15 Ayuda Network 18417 18417
16 Commonwealth Museum 4 96395 40140 136535
17 Domestic Violence 36834 36834
18 Humanities Council 4604 4604
19 JoetenlKiyu Public Library 7 128933 39674 168607
20 Marianas Bound - Karidat 54147 54147
21 Micronesian Legal Legal Services - 18417 18417
22 Nat Govs Assoc 40518 40518
23 Public Assis Program 17577 17577
24 Govt Utilities 7539509 7539509
25 Judgment 76258 76258
26 La Fiesta Lease 200000 200000
27 Aetna R-Off amp Ret -- 1463483 0 1463483
28 Total 11 1688811 8492643 10181454
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
(a) Joeten-Kiyu Public Library The expenditure authority shall be the
chairperson of the Commonwealth Library Council
(b) Public Assistance - Matching Funds The expenditure authority shall be
the Governor or his designee
(c) Judgments against the Government The expenditure authority shall be the
Secretary of Finance in consultation with the Attorney General
(d) Commonwealth Museum The chairperson of the Board of Governors of
the Commonwealth Museum or hislher designee shall be the expenditure authority
(e) Ayuda Network The expenditure authority shall be the chairperson of the
board of directors
(f) KARlDAT The executive director of Marianas Bound (KARlDAT) shall
be the expenditure authority
(g) Micronesian Legal Services The executive director of the Micronesian
Legal Services Corporation shall be the expenditure authority
(h) For programs and activities not specifically mentioned the expenditure
authority shall be the Secretary of Finance
Section 711 Other Programs
(a) There is hereby appropriated the following amounts to the following other
programs as listed below
FTE PERSONNEL OPERATIONS TOTAL
22
23
NMIOICC
Ret Pension GovLtGov
Ret PL5-3 (COLA)
1 $27476
$147506
o o
413276
$27476
$147506
$413276
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
1 Workers Comp Comm ~ $121061 129648 $250709
2 Total 6 $297751 $541216 $838967
3 Section 712 Department of Public Lands
4 (a) Pursuant to Section 103 of Public Law 15-2 $2820886 is appropriated to
5 the Department of Public Lands as follows
6 Personnel $1765104
7 Operations $1055782
8 Total $2820886
9 FTE Ceiling 65
10 No funds received or collected by or remitted to the Department of Public Lands
11 pursuant to Public Law 15-2 that are in excess of the amount appropriated in this
12 section may be reprogrammed or expended absent legislative appropriation or in
13 violation of the Constitution
14 Section 713 Reporting Requirements The expenditure authorities of the
15 foregoing activities listed in Chapter VII shall submit to the presiding officers of the
16 legislature at the end of each quarter an itemized report on the expenditures for
17 personnel and operations of each government entity and the payments of the public
18 auditors fee for the quarter ended and if applicable year-to-date totals as of the close
19 of the reporting period
20 Section 714 Compact Impact Funds
middot21 Compact Impact funds shall be used III accordance with the terms and
22 conditions set forth in the Grant Agreement and shall be used to defray qualified
23 expenses for the following activities
24 (a) Office of Public Defender $ 37151
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HDt SSI
1 (b) Dept of Community amp Cultural Affairs
2 (c) Dept of Corrections
3 (d) Dept of Public Health
4 (e) Department of Public Safety
5 Total
6 Section 715 Outside Sources
$ 44616
$ 154698
$ 536744
$ 1157234
$1930443
7 (a) Notwithstanding any law to the contrary the Governor is authorized to
8 transfer qualified operational expenses to available and unencumbered outside general
9 fund accounts not to exceed $3500000 which are hereby appropriated to pay for such
10 expenses
11 CHAPTER VIII GENERAL PROVISIONS
12 Section 801 Severability If any provision of this Act or its application to any
13 person or circumstance is held invalid the invalidity does not affect other provisions
14 or applications of the Act which can be given effect without the invalid provision or
middot15 applications and to this end the provisions ofthis Act are severable
16 Section 802 Savings Clause This Act and any repealer contained herein shall
middot17 not be construed as affecting any existing right acquired under contract or acquired
18 under statutes repealed or under any rule regulation or order adopted under the statutes
middot19 Repealers contained in this Act shall not affect any proceeding instituted under or
ao pursuant to prior law The enactment of this Act shall not have the effect of terminating
21 or in any way modifying any liability civil or criminal which shall already be in
22 existence at the date this Act becomes effective
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HDl SSI
1 Section 803 Effective Date This Act shall become law upon its approval by the
2 Governor or it becoming law without such approvaL
House Clerk
Certiiedby ~~f OILAN C ORiOSPEAKER
this
Governor
2010
Commonwealth ofthe Northern Mariana Islands
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
1 Agriculture 20
2 Historic Preservation 4
3 Lands Regisamp Survey 6
4 Fish amp Wildlife 5
5 Parks amp Recreation 4
6 Soil amp Water Consv
7 Rota Health Center 51
8 Dental Services 4
9 DPH Med Referral 5
10 Environmental Health 2
11 Public Works 23
12 Total 320 $5677593 $576487 $6256080
13 (b) The Rota Legislative Delegation shall determine by Local Delegation
14 Resolution the allocation of the funds appropriated for the First Senatorial District
15 (c) Except as provided in this section the Mayor ofRota shall have authority to
16 expend obligate encumber or otherwise commit the funds appropriated to the First
17 Senatorial District Notwithstanding any law to the contrary the Mayor of Rota shall
18 have 100 reprogramming authority of the funds appropriated in this Act
19 Appropriations to the Municipal Council shall be divided and distributed equally to
20 each member of the Municipal Council Each Municipal Council member shall be the
21 expenditure authority of funds distributed to himher Additionally in accord with the
22 Superior Courts decision in the case of Inos v Tenorio the Mayors shall also have
23 expenditure authority over resident government departments in the First and Second
24 senatorial districts respectively unless the Governor revokes expenditure authority in a
25 manner consistent with the Superior Courts holding in Inos v Tenorio to wit
26 expenditure authority over resident departments that are primarily concerned with the
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
delivery of public services can be revoked only on a prior showing of just cause but
the Governor has discretion to revoke expenditure authority over those departments
that are primarily concerned with enforcing the law
(c) Rota Health Center Three hundred forty thousand ($34000000) from the
First Senatorial Districts budget appropriation is hereby allocated to pay for
professional services for nurses technicians and other medical and auxiliary
professionals as needed including one mental health counselor in the amount of Thirty
Three Thousand Dollars ($3300000)
(d) DPS Cadets One hundred seven thousand seven hundred eighty
($10778000) from the First Senatorial Districts budget appropriation is hereby
allocated for five (5) Full Time Equivalents (FTEs) for the Rota Department of Public
Safety of the total 329 FTEs to fully fund the five (5) 2010 DPS Academy graduates
from the First District who shall be placed as FTEs within the Rota Department of
Public Safety Any shortfall for overtime retirement or benefits shall be borne by the
municipality
(e) Dentist Seventy-seven thousand two hundred dollars ($77200) from the
First Senatorial Districts budget appropriation is hereby allocated for one (1) Full
Time Equivalent (FTE) to hire a dentist
Section 706 Second Senatorial District - Tinian amp Aguiguan
(a) There is hereby appropriated the following amounts to fund the personnel
and non-personnel expenses of the Second Senatorial District as listed below
FTE PERSONNEL OPERATIONS TOTAL
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SS1
Mayor 112
Municipal Council 3
Commerce (econo dev) 4
Historic Preservation 2
CampCA 3
Customs 3
Finance amp Acctg 2
Procurement amp Supply 2
Revenue amp Tax
Labor 8
Agriculture 15
Fish amp Wildlife 2
Parks amp Recreation 5
Environmental Health 4
Dental Services 3
Tinian Health Center 49
Police (DPS) 45
Public Works ~
Total 268 $5179361 $1076719
20 (b) The Tinian and Aguiguan Legislative Delegation shall determine by Local
21 Delegation Resolution the allocation of the funds appropriated for the Second
22 Senatorial District
23 (c) The Mayor and the Chairperson of the Municipal Council shall have the
24 expenditure authority for appropriations for their respective offices except as provided
25 below Notwithstanding any law to the contrary the Mayor of Tinian amp Aguiguan shall
26 have 100 reprogramming authority of the funds appropriated in this Act Each
27 Municipal Council member shall allocate and provide for the expenditure of the funds
28 appropriated to the Council in accordance with the Official Rules of the Council
29 Additionally in accord with the Superior Courts decision in the case of Inos v
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 lID1 SS1
Tenorio the Mayors shall also have expenditure authority over resident government
2 departments in the First and Second senatorial districts respectively unless the
3 Governor revokes expenditure authority in a manner consistent with the Superior
4 Courts holding in Inos v Tenorio to wit expenditure authority over resident
5 departments that are primarily concerned with the delivery of public services can be
6 revoked only on a prior showing of just cause but the Governor has discretion to
7 revoke expenditure authority over those departments that are primarily concerned with
8 enforcing the law
9 (d) Tinian Health Center Four hundred twenty seven thousand seven hundred
10 twenty seven and eighty one ($42772781) from the Second Senatorial Districts
11 budget appropriation is hereby allocated to pay for the direct hiring of nurses ancillary
12 staff and other needed administrative adjustments on personnel matters
13 (e) Tinian Municipal Council One hundred twenty three thousand four
14 hundred three ($123403) All Others appropriation of the Municipal Council is
15 hereby allocated as follows (1) $15000 for office rental and administrative purposes
16 and (2) $108403 for community projects and other functions ofwhich $75000 shall be
17 allocated to the chairman and the remaining balance shall be divided equally among the
18 other two members who shall be the expenditure authority of such funds
19 (f) Tinian Commerce Thirty eight thousand one hundred forty one ($38141)
20 is hereby allocated under AU Others for operations and office supplies
Section707 Third Senatorial District - Mayor ofSaipan Mayor of the Northern
Islands and Saipan and Northern Islands Municipal Council
PUBLIC LAW NO 17-21 HOUSE BILL l7~l23 HDl SSl
1 (a) There is hereby appropriated the following amounts to fund the personnel
2 and non-personnel expenses of the municipal governments of Saipan and the Northern
3 Islands as listed below
4 FTE PERSONNEL OPERATIONS TOTAL
5 Saipan Mayor 48 $875509 $248240 $1123257 6 NI Mayor 11 $192849 $86716 $279565
7 Saipan Mun Council 1 $34076 $27447 $61523
8 Total 60 $1102434 $362411 $1464845
9 (b) The Mayor of Saipan the Mayor of the Northern Islands and the
10 Chairperson of the Municipal Council for Saipan and the Northern Islands shall be the
11 expenditure authority for appropriations for their respective offices Notwithstanding
12 any law to the contrary the Mayors of Saipan and the Northern Islands respectively
13 shall have 100 reprogramming authority of the funds appropriated in this Act
14 Section 708 Autonomous Agencies
15 (a) There is hereby appropriated the following amounts to fund the following
16 autonomous agencies as listed below
17 FTE PERSONNEL OPERATIONS TOTAL
18 NMC 160 $4099229 $364235 $4464464
MVA 36 $832531 $1780496 $2611027
ajlst amp and SeRaterl Dist $369999 $36886611gtfif~tll~fu0 PSS ll13 $28521990 $2617529 $31140519f-AP( 21
22 BOE 2 $1372685 $26643 ~164~28
23 Total 1312 $33591435 $5148903 $38740338
24 (b) Northern Marianas College
25 (1) The president of the Northern Marianas College shall be the
26 expenditure authority of the appropriated funds
i
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
pfiuv~I tys
I I
20
21
(c) Marianas Visitors Authority
(1) The chairman of the Board of Directors of the Marianas Visitors
Authority shall be the expenditure authority ofthe appropriated funds
(2) Tlnee hundted sixty thousand ($360000) of the All OthelS
appropriation ofth Malianas Visitors Burau sball allocatd as follows
(i) One httndred 1vveftty thousRJJd ($120000) to susidiZle the
eftartef flights from Japan to Rota under the eKpndinY=e authority of the
Cbairman oftbe Marianas Visitors AQtborityen
(ii) One bll1dred Pyenellty tbollSaad ($120000) to promote and
market Tinian as a tourist destinatioR under the expenditure ffitthority of
the Chairman of the Mwianas Visitors Authoriry ctnd
(iii) 000 hundred tlJlnty thousand ($120000) to pay the
outstandiag KllT aGGount for completed Gbafter flights from Japan to
RotH under the expenditUfe authority of the Chairman of the Marianas
Visitor s 1AzYtbor~[
(d) Public School System
(1) The expenditure authority shall be the Commissioner of Education
or hislher designee
(2) No part of funds appropriated to BU 1607 the Public School
System shall be used to pay for any expense including but not limited to travel
or reimbursement of the Board of Education its board members and staff
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SS1
1 (e) Board of Education The chairperson of the Board of Education shall be the
2 expenditure authority of the appropriated funds
3 Section 709 Boards and Commissions
4 (a) There is hereby appropriated the following amounts to fund the following
5 boards and commissions as listed below
FTE PERSONNEL OPERATIONS
BPL
Civil Servo Comm
Election Comm
Total
3
4
1 14
$88732
$164803
$1762806
$430341
$13264
$2183
$932819
$109266
11 Section 710 Independent Programs
12 There is hereby appropriated the following amounts to fund the following
13 independent programs and activities as listed below
14 FTE PERSONNEL OPERATIONS TOTAL
15 Ayuda Network 18417 18417
16 Commonwealth Museum 4 96395 40140 136535
17 Domestic Violence 36834 36834
18 Humanities Council 4604 4604
19 JoetenlKiyu Public Library 7 128933 39674 168607
20 Marianas Bound - Karidat 54147 54147
21 Micronesian Legal Legal Services - 18417 18417
22 Nat Govs Assoc 40518 40518
23 Public Assis Program 17577 17577
24 Govt Utilities 7539509 7539509
25 Judgment 76258 76258
26 La Fiesta Lease 200000 200000
27 Aetna R-Off amp Ret -- 1463483 0 1463483
28 Total 11 1688811 8492643 10181454
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
(a) Joeten-Kiyu Public Library The expenditure authority shall be the
chairperson of the Commonwealth Library Council
(b) Public Assistance - Matching Funds The expenditure authority shall be
the Governor or his designee
(c) Judgments against the Government The expenditure authority shall be the
Secretary of Finance in consultation with the Attorney General
(d) Commonwealth Museum The chairperson of the Board of Governors of
the Commonwealth Museum or hislher designee shall be the expenditure authority
(e) Ayuda Network The expenditure authority shall be the chairperson of the
board of directors
(f) KARlDAT The executive director of Marianas Bound (KARlDAT) shall
be the expenditure authority
(g) Micronesian Legal Services The executive director of the Micronesian
Legal Services Corporation shall be the expenditure authority
(h) For programs and activities not specifically mentioned the expenditure
authority shall be the Secretary of Finance
Section 711 Other Programs
(a) There is hereby appropriated the following amounts to the following other
programs as listed below
FTE PERSONNEL OPERATIONS TOTAL
22
23
NMIOICC
Ret Pension GovLtGov
Ret PL5-3 (COLA)
1 $27476
$147506
o o
413276
$27476
$147506
$413276
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
1 Workers Comp Comm ~ $121061 129648 $250709
2 Total 6 $297751 $541216 $838967
3 Section 712 Department of Public Lands
4 (a) Pursuant to Section 103 of Public Law 15-2 $2820886 is appropriated to
5 the Department of Public Lands as follows
6 Personnel $1765104
7 Operations $1055782
8 Total $2820886
9 FTE Ceiling 65
10 No funds received or collected by or remitted to the Department of Public Lands
11 pursuant to Public Law 15-2 that are in excess of the amount appropriated in this
12 section may be reprogrammed or expended absent legislative appropriation or in
13 violation of the Constitution
14 Section 713 Reporting Requirements The expenditure authorities of the
15 foregoing activities listed in Chapter VII shall submit to the presiding officers of the
16 legislature at the end of each quarter an itemized report on the expenditures for
17 personnel and operations of each government entity and the payments of the public
18 auditors fee for the quarter ended and if applicable year-to-date totals as of the close
19 of the reporting period
20 Section 714 Compact Impact Funds
middot21 Compact Impact funds shall be used III accordance with the terms and
22 conditions set forth in the Grant Agreement and shall be used to defray qualified
23 expenses for the following activities
24 (a) Office of Public Defender $ 37151
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HDt SSI
1 (b) Dept of Community amp Cultural Affairs
2 (c) Dept of Corrections
3 (d) Dept of Public Health
4 (e) Department of Public Safety
5 Total
6 Section 715 Outside Sources
$ 44616
$ 154698
$ 536744
$ 1157234
$1930443
7 (a) Notwithstanding any law to the contrary the Governor is authorized to
8 transfer qualified operational expenses to available and unencumbered outside general
9 fund accounts not to exceed $3500000 which are hereby appropriated to pay for such
10 expenses
11 CHAPTER VIII GENERAL PROVISIONS
12 Section 801 Severability If any provision of this Act or its application to any
13 person or circumstance is held invalid the invalidity does not affect other provisions
14 or applications of the Act which can be given effect without the invalid provision or
middot15 applications and to this end the provisions ofthis Act are severable
16 Section 802 Savings Clause This Act and any repealer contained herein shall
middot17 not be construed as affecting any existing right acquired under contract or acquired
18 under statutes repealed or under any rule regulation or order adopted under the statutes
middot19 Repealers contained in this Act shall not affect any proceeding instituted under or
ao pursuant to prior law The enactment of this Act shall not have the effect of terminating
21 or in any way modifying any liability civil or criminal which shall already be in
22 existence at the date this Act becomes effective
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HDl SSI
1 Section 803 Effective Date This Act shall become law upon its approval by the
2 Governor or it becoming law without such approvaL
House Clerk
Certiiedby ~~f OILAN C ORiOSPEAKER
this
Governor
2010
Commonwealth ofthe Northern Mariana Islands
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
delivery of public services can be revoked only on a prior showing of just cause but
the Governor has discretion to revoke expenditure authority over those departments
that are primarily concerned with enforcing the law
(c) Rota Health Center Three hundred forty thousand ($34000000) from the
First Senatorial Districts budget appropriation is hereby allocated to pay for
professional services for nurses technicians and other medical and auxiliary
professionals as needed including one mental health counselor in the amount of Thirty
Three Thousand Dollars ($3300000)
(d) DPS Cadets One hundred seven thousand seven hundred eighty
($10778000) from the First Senatorial Districts budget appropriation is hereby
allocated for five (5) Full Time Equivalents (FTEs) for the Rota Department of Public
Safety of the total 329 FTEs to fully fund the five (5) 2010 DPS Academy graduates
from the First District who shall be placed as FTEs within the Rota Department of
Public Safety Any shortfall for overtime retirement or benefits shall be borne by the
municipality
(e) Dentist Seventy-seven thousand two hundred dollars ($77200) from the
First Senatorial Districts budget appropriation is hereby allocated for one (1) Full
Time Equivalent (FTE) to hire a dentist
Section 706 Second Senatorial District - Tinian amp Aguiguan
(a) There is hereby appropriated the following amounts to fund the personnel
and non-personnel expenses of the Second Senatorial District as listed below
FTE PERSONNEL OPERATIONS TOTAL
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SS1
Mayor 112
Municipal Council 3
Commerce (econo dev) 4
Historic Preservation 2
CampCA 3
Customs 3
Finance amp Acctg 2
Procurement amp Supply 2
Revenue amp Tax
Labor 8
Agriculture 15
Fish amp Wildlife 2
Parks amp Recreation 5
Environmental Health 4
Dental Services 3
Tinian Health Center 49
Police (DPS) 45
Public Works ~
Total 268 $5179361 $1076719
20 (b) The Tinian and Aguiguan Legislative Delegation shall determine by Local
21 Delegation Resolution the allocation of the funds appropriated for the Second
22 Senatorial District
23 (c) The Mayor and the Chairperson of the Municipal Council shall have the
24 expenditure authority for appropriations for their respective offices except as provided
25 below Notwithstanding any law to the contrary the Mayor of Tinian amp Aguiguan shall
26 have 100 reprogramming authority of the funds appropriated in this Act Each
27 Municipal Council member shall allocate and provide for the expenditure of the funds
28 appropriated to the Council in accordance with the Official Rules of the Council
29 Additionally in accord with the Superior Courts decision in the case of Inos v
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 lID1 SS1
Tenorio the Mayors shall also have expenditure authority over resident government
2 departments in the First and Second senatorial districts respectively unless the
3 Governor revokes expenditure authority in a manner consistent with the Superior
4 Courts holding in Inos v Tenorio to wit expenditure authority over resident
5 departments that are primarily concerned with the delivery of public services can be
6 revoked only on a prior showing of just cause but the Governor has discretion to
7 revoke expenditure authority over those departments that are primarily concerned with
8 enforcing the law
9 (d) Tinian Health Center Four hundred twenty seven thousand seven hundred
10 twenty seven and eighty one ($42772781) from the Second Senatorial Districts
11 budget appropriation is hereby allocated to pay for the direct hiring of nurses ancillary
12 staff and other needed administrative adjustments on personnel matters
13 (e) Tinian Municipal Council One hundred twenty three thousand four
14 hundred three ($123403) All Others appropriation of the Municipal Council is
15 hereby allocated as follows (1) $15000 for office rental and administrative purposes
16 and (2) $108403 for community projects and other functions ofwhich $75000 shall be
17 allocated to the chairman and the remaining balance shall be divided equally among the
18 other two members who shall be the expenditure authority of such funds
19 (f) Tinian Commerce Thirty eight thousand one hundred forty one ($38141)
20 is hereby allocated under AU Others for operations and office supplies
Section707 Third Senatorial District - Mayor ofSaipan Mayor of the Northern
Islands and Saipan and Northern Islands Municipal Council
PUBLIC LAW NO 17-21 HOUSE BILL l7~l23 HDl SSl
1 (a) There is hereby appropriated the following amounts to fund the personnel
2 and non-personnel expenses of the municipal governments of Saipan and the Northern
3 Islands as listed below
4 FTE PERSONNEL OPERATIONS TOTAL
5 Saipan Mayor 48 $875509 $248240 $1123257 6 NI Mayor 11 $192849 $86716 $279565
7 Saipan Mun Council 1 $34076 $27447 $61523
8 Total 60 $1102434 $362411 $1464845
9 (b) The Mayor of Saipan the Mayor of the Northern Islands and the
10 Chairperson of the Municipal Council for Saipan and the Northern Islands shall be the
11 expenditure authority for appropriations for their respective offices Notwithstanding
12 any law to the contrary the Mayors of Saipan and the Northern Islands respectively
13 shall have 100 reprogramming authority of the funds appropriated in this Act
14 Section 708 Autonomous Agencies
15 (a) There is hereby appropriated the following amounts to fund the following
16 autonomous agencies as listed below
17 FTE PERSONNEL OPERATIONS TOTAL
18 NMC 160 $4099229 $364235 $4464464
MVA 36 $832531 $1780496 $2611027
ajlst amp and SeRaterl Dist $369999 $36886611gtfif~tll~fu0 PSS ll13 $28521990 $2617529 $31140519f-AP( 21
22 BOE 2 $1372685 $26643 ~164~28
23 Total 1312 $33591435 $5148903 $38740338
24 (b) Northern Marianas College
25 (1) The president of the Northern Marianas College shall be the
26 expenditure authority of the appropriated funds
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
pfiuv~I tys
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(c) Marianas Visitors Authority
(1) The chairman of the Board of Directors of the Marianas Visitors
Authority shall be the expenditure authority ofthe appropriated funds
(2) Tlnee hundted sixty thousand ($360000) of the All OthelS
appropriation ofth Malianas Visitors Burau sball allocatd as follows
(i) One httndred 1vveftty thousRJJd ($120000) to susidiZle the
eftartef flights from Japan to Rota under the eKpndinY=e authority of the
Cbairman oftbe Marianas Visitors AQtborityen
(ii) One bll1dred Pyenellty tbollSaad ($120000) to promote and
market Tinian as a tourist destinatioR under the expenditure ffitthority of
the Chairman of the Mwianas Visitors Authoriry ctnd
(iii) 000 hundred tlJlnty thousand ($120000) to pay the
outstandiag KllT aGGount for completed Gbafter flights from Japan to
RotH under the expenditUfe authority of the Chairman of the Marianas
Visitor s 1AzYtbor~[
(d) Public School System
(1) The expenditure authority shall be the Commissioner of Education
or hislher designee
(2) No part of funds appropriated to BU 1607 the Public School
System shall be used to pay for any expense including but not limited to travel
or reimbursement of the Board of Education its board members and staff
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SS1
1 (e) Board of Education The chairperson of the Board of Education shall be the
2 expenditure authority of the appropriated funds
3 Section 709 Boards and Commissions
4 (a) There is hereby appropriated the following amounts to fund the following
5 boards and commissions as listed below
FTE PERSONNEL OPERATIONS
BPL
Civil Servo Comm
Election Comm
Total
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4
1 14
$88732
$164803
$1762806
$430341
$13264
$2183
$932819
$109266
11 Section 710 Independent Programs
12 There is hereby appropriated the following amounts to fund the following
13 independent programs and activities as listed below
14 FTE PERSONNEL OPERATIONS TOTAL
15 Ayuda Network 18417 18417
16 Commonwealth Museum 4 96395 40140 136535
17 Domestic Violence 36834 36834
18 Humanities Council 4604 4604
19 JoetenlKiyu Public Library 7 128933 39674 168607
20 Marianas Bound - Karidat 54147 54147
21 Micronesian Legal Legal Services - 18417 18417
22 Nat Govs Assoc 40518 40518
23 Public Assis Program 17577 17577
24 Govt Utilities 7539509 7539509
25 Judgment 76258 76258
26 La Fiesta Lease 200000 200000
27 Aetna R-Off amp Ret -- 1463483 0 1463483
28 Total 11 1688811 8492643 10181454
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
(a) Joeten-Kiyu Public Library The expenditure authority shall be the
chairperson of the Commonwealth Library Council
(b) Public Assistance - Matching Funds The expenditure authority shall be
the Governor or his designee
(c) Judgments against the Government The expenditure authority shall be the
Secretary of Finance in consultation with the Attorney General
(d) Commonwealth Museum The chairperson of the Board of Governors of
the Commonwealth Museum or hislher designee shall be the expenditure authority
(e) Ayuda Network The expenditure authority shall be the chairperson of the
board of directors
(f) KARlDAT The executive director of Marianas Bound (KARlDAT) shall
be the expenditure authority
(g) Micronesian Legal Services The executive director of the Micronesian
Legal Services Corporation shall be the expenditure authority
(h) For programs and activities not specifically mentioned the expenditure
authority shall be the Secretary of Finance
Section 711 Other Programs
(a) There is hereby appropriated the following amounts to the following other
programs as listed below
FTE PERSONNEL OPERATIONS TOTAL
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NMIOICC
Ret Pension GovLtGov
Ret PL5-3 (COLA)
1 $27476
$147506
o o
413276
$27476
$147506
$413276
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
1 Workers Comp Comm ~ $121061 129648 $250709
2 Total 6 $297751 $541216 $838967
3 Section 712 Department of Public Lands
4 (a) Pursuant to Section 103 of Public Law 15-2 $2820886 is appropriated to
5 the Department of Public Lands as follows
6 Personnel $1765104
7 Operations $1055782
8 Total $2820886
9 FTE Ceiling 65
10 No funds received or collected by or remitted to the Department of Public Lands
11 pursuant to Public Law 15-2 that are in excess of the amount appropriated in this
12 section may be reprogrammed or expended absent legislative appropriation or in
13 violation of the Constitution
14 Section 713 Reporting Requirements The expenditure authorities of the
15 foregoing activities listed in Chapter VII shall submit to the presiding officers of the
16 legislature at the end of each quarter an itemized report on the expenditures for
17 personnel and operations of each government entity and the payments of the public
18 auditors fee for the quarter ended and if applicable year-to-date totals as of the close
19 of the reporting period
20 Section 714 Compact Impact Funds
middot21 Compact Impact funds shall be used III accordance with the terms and
22 conditions set forth in the Grant Agreement and shall be used to defray qualified
23 expenses for the following activities
24 (a) Office of Public Defender $ 37151
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HDt SSI
1 (b) Dept of Community amp Cultural Affairs
2 (c) Dept of Corrections
3 (d) Dept of Public Health
4 (e) Department of Public Safety
5 Total
6 Section 715 Outside Sources
$ 44616
$ 154698
$ 536744
$ 1157234
$1930443
7 (a) Notwithstanding any law to the contrary the Governor is authorized to
8 transfer qualified operational expenses to available and unencumbered outside general
9 fund accounts not to exceed $3500000 which are hereby appropriated to pay for such
10 expenses
11 CHAPTER VIII GENERAL PROVISIONS
12 Section 801 Severability If any provision of this Act or its application to any
13 person or circumstance is held invalid the invalidity does not affect other provisions
14 or applications of the Act which can be given effect without the invalid provision or
middot15 applications and to this end the provisions ofthis Act are severable
16 Section 802 Savings Clause This Act and any repealer contained herein shall
middot17 not be construed as affecting any existing right acquired under contract or acquired
18 under statutes repealed or under any rule regulation or order adopted under the statutes
middot19 Repealers contained in this Act shall not affect any proceeding instituted under or
ao pursuant to prior law The enactment of this Act shall not have the effect of terminating
21 or in any way modifying any liability civil or criminal which shall already be in
22 existence at the date this Act becomes effective
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HDl SSI
1 Section 803 Effective Date This Act shall become law upon its approval by the
2 Governor or it becoming law without such approvaL
House Clerk
Certiiedby ~~f OILAN C ORiOSPEAKER
this
Governor
2010
Commonwealth ofthe Northern Mariana Islands
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SS1
Mayor 112
Municipal Council 3
Commerce (econo dev) 4
Historic Preservation 2
CampCA 3
Customs 3
Finance amp Acctg 2
Procurement amp Supply 2
Revenue amp Tax
Labor 8
Agriculture 15
Fish amp Wildlife 2
Parks amp Recreation 5
Environmental Health 4
Dental Services 3
Tinian Health Center 49
Police (DPS) 45
Public Works ~
Total 268 $5179361 $1076719
20 (b) The Tinian and Aguiguan Legislative Delegation shall determine by Local
21 Delegation Resolution the allocation of the funds appropriated for the Second
22 Senatorial District
23 (c) The Mayor and the Chairperson of the Municipal Council shall have the
24 expenditure authority for appropriations for their respective offices except as provided
25 below Notwithstanding any law to the contrary the Mayor of Tinian amp Aguiguan shall
26 have 100 reprogramming authority of the funds appropriated in this Act Each
27 Municipal Council member shall allocate and provide for the expenditure of the funds
28 appropriated to the Council in accordance with the Official Rules of the Council
29 Additionally in accord with the Superior Courts decision in the case of Inos v
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 lID1 SS1
Tenorio the Mayors shall also have expenditure authority over resident government
2 departments in the First and Second senatorial districts respectively unless the
3 Governor revokes expenditure authority in a manner consistent with the Superior
4 Courts holding in Inos v Tenorio to wit expenditure authority over resident
5 departments that are primarily concerned with the delivery of public services can be
6 revoked only on a prior showing of just cause but the Governor has discretion to
7 revoke expenditure authority over those departments that are primarily concerned with
8 enforcing the law
9 (d) Tinian Health Center Four hundred twenty seven thousand seven hundred
10 twenty seven and eighty one ($42772781) from the Second Senatorial Districts
11 budget appropriation is hereby allocated to pay for the direct hiring of nurses ancillary
12 staff and other needed administrative adjustments on personnel matters
13 (e) Tinian Municipal Council One hundred twenty three thousand four
14 hundred three ($123403) All Others appropriation of the Municipal Council is
15 hereby allocated as follows (1) $15000 for office rental and administrative purposes
16 and (2) $108403 for community projects and other functions ofwhich $75000 shall be
17 allocated to the chairman and the remaining balance shall be divided equally among the
18 other two members who shall be the expenditure authority of such funds
19 (f) Tinian Commerce Thirty eight thousand one hundred forty one ($38141)
20 is hereby allocated under AU Others for operations and office supplies
Section707 Third Senatorial District - Mayor ofSaipan Mayor of the Northern
Islands and Saipan and Northern Islands Municipal Council
PUBLIC LAW NO 17-21 HOUSE BILL l7~l23 HDl SSl
1 (a) There is hereby appropriated the following amounts to fund the personnel
2 and non-personnel expenses of the municipal governments of Saipan and the Northern
3 Islands as listed below
4 FTE PERSONNEL OPERATIONS TOTAL
5 Saipan Mayor 48 $875509 $248240 $1123257 6 NI Mayor 11 $192849 $86716 $279565
7 Saipan Mun Council 1 $34076 $27447 $61523
8 Total 60 $1102434 $362411 $1464845
9 (b) The Mayor of Saipan the Mayor of the Northern Islands and the
10 Chairperson of the Municipal Council for Saipan and the Northern Islands shall be the
11 expenditure authority for appropriations for their respective offices Notwithstanding
12 any law to the contrary the Mayors of Saipan and the Northern Islands respectively
13 shall have 100 reprogramming authority of the funds appropriated in this Act
14 Section 708 Autonomous Agencies
15 (a) There is hereby appropriated the following amounts to fund the following
16 autonomous agencies as listed below
17 FTE PERSONNEL OPERATIONS TOTAL
18 NMC 160 $4099229 $364235 $4464464
MVA 36 $832531 $1780496 $2611027
ajlst amp and SeRaterl Dist $369999 $36886611gtfif~tll~fu0 PSS ll13 $28521990 $2617529 $31140519f-AP( 21
22 BOE 2 $1372685 $26643 ~164~28
23 Total 1312 $33591435 $5148903 $38740338
24 (b) Northern Marianas College
25 (1) The president of the Northern Marianas College shall be the
26 expenditure authority of the appropriated funds
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
pfiuv~I tys
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(c) Marianas Visitors Authority
(1) The chairman of the Board of Directors of the Marianas Visitors
Authority shall be the expenditure authority ofthe appropriated funds
(2) Tlnee hundted sixty thousand ($360000) of the All OthelS
appropriation ofth Malianas Visitors Burau sball allocatd as follows
(i) One httndred 1vveftty thousRJJd ($120000) to susidiZle the
eftartef flights from Japan to Rota under the eKpndinY=e authority of the
Cbairman oftbe Marianas Visitors AQtborityen
(ii) One bll1dred Pyenellty tbollSaad ($120000) to promote and
market Tinian as a tourist destinatioR under the expenditure ffitthority of
the Chairman of the Mwianas Visitors Authoriry ctnd
(iii) 000 hundred tlJlnty thousand ($120000) to pay the
outstandiag KllT aGGount for completed Gbafter flights from Japan to
RotH under the expenditUfe authority of the Chairman of the Marianas
Visitor s 1AzYtbor~[
(d) Public School System
(1) The expenditure authority shall be the Commissioner of Education
or hislher designee
(2) No part of funds appropriated to BU 1607 the Public School
System shall be used to pay for any expense including but not limited to travel
or reimbursement of the Board of Education its board members and staff
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SS1
1 (e) Board of Education The chairperson of the Board of Education shall be the
2 expenditure authority of the appropriated funds
3 Section 709 Boards and Commissions
4 (a) There is hereby appropriated the following amounts to fund the following
5 boards and commissions as listed below
FTE PERSONNEL OPERATIONS
BPL
Civil Servo Comm
Election Comm
Total
3
4
1 14
$88732
$164803
$1762806
$430341
$13264
$2183
$932819
$109266
11 Section 710 Independent Programs
12 There is hereby appropriated the following amounts to fund the following
13 independent programs and activities as listed below
14 FTE PERSONNEL OPERATIONS TOTAL
15 Ayuda Network 18417 18417
16 Commonwealth Museum 4 96395 40140 136535
17 Domestic Violence 36834 36834
18 Humanities Council 4604 4604
19 JoetenlKiyu Public Library 7 128933 39674 168607
20 Marianas Bound - Karidat 54147 54147
21 Micronesian Legal Legal Services - 18417 18417
22 Nat Govs Assoc 40518 40518
23 Public Assis Program 17577 17577
24 Govt Utilities 7539509 7539509
25 Judgment 76258 76258
26 La Fiesta Lease 200000 200000
27 Aetna R-Off amp Ret -- 1463483 0 1463483
28 Total 11 1688811 8492643 10181454
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
(a) Joeten-Kiyu Public Library The expenditure authority shall be the
chairperson of the Commonwealth Library Council
(b) Public Assistance - Matching Funds The expenditure authority shall be
the Governor or his designee
(c) Judgments against the Government The expenditure authority shall be the
Secretary of Finance in consultation with the Attorney General
(d) Commonwealth Museum The chairperson of the Board of Governors of
the Commonwealth Museum or hislher designee shall be the expenditure authority
(e) Ayuda Network The expenditure authority shall be the chairperson of the
board of directors
(f) KARlDAT The executive director of Marianas Bound (KARlDAT) shall
be the expenditure authority
(g) Micronesian Legal Services The executive director of the Micronesian
Legal Services Corporation shall be the expenditure authority
(h) For programs and activities not specifically mentioned the expenditure
authority shall be the Secretary of Finance
Section 711 Other Programs
(a) There is hereby appropriated the following amounts to the following other
programs as listed below
FTE PERSONNEL OPERATIONS TOTAL
22
23
NMIOICC
Ret Pension GovLtGov
Ret PL5-3 (COLA)
1 $27476
$147506
o o
413276
$27476
$147506
$413276
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
1 Workers Comp Comm ~ $121061 129648 $250709
2 Total 6 $297751 $541216 $838967
3 Section 712 Department of Public Lands
4 (a) Pursuant to Section 103 of Public Law 15-2 $2820886 is appropriated to
5 the Department of Public Lands as follows
6 Personnel $1765104
7 Operations $1055782
8 Total $2820886
9 FTE Ceiling 65
10 No funds received or collected by or remitted to the Department of Public Lands
11 pursuant to Public Law 15-2 that are in excess of the amount appropriated in this
12 section may be reprogrammed or expended absent legislative appropriation or in
13 violation of the Constitution
14 Section 713 Reporting Requirements The expenditure authorities of the
15 foregoing activities listed in Chapter VII shall submit to the presiding officers of the
16 legislature at the end of each quarter an itemized report on the expenditures for
17 personnel and operations of each government entity and the payments of the public
18 auditors fee for the quarter ended and if applicable year-to-date totals as of the close
19 of the reporting period
20 Section 714 Compact Impact Funds
middot21 Compact Impact funds shall be used III accordance with the terms and
22 conditions set forth in the Grant Agreement and shall be used to defray qualified
23 expenses for the following activities
24 (a) Office of Public Defender $ 37151
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HDt SSI
1 (b) Dept of Community amp Cultural Affairs
2 (c) Dept of Corrections
3 (d) Dept of Public Health
4 (e) Department of Public Safety
5 Total
6 Section 715 Outside Sources
$ 44616
$ 154698
$ 536744
$ 1157234
$1930443
7 (a) Notwithstanding any law to the contrary the Governor is authorized to
8 transfer qualified operational expenses to available and unencumbered outside general
9 fund accounts not to exceed $3500000 which are hereby appropriated to pay for such
10 expenses
11 CHAPTER VIII GENERAL PROVISIONS
12 Section 801 Severability If any provision of this Act or its application to any
13 person or circumstance is held invalid the invalidity does not affect other provisions
14 or applications of the Act which can be given effect without the invalid provision or
middot15 applications and to this end the provisions ofthis Act are severable
16 Section 802 Savings Clause This Act and any repealer contained herein shall
middot17 not be construed as affecting any existing right acquired under contract or acquired
18 under statutes repealed or under any rule regulation or order adopted under the statutes
middot19 Repealers contained in this Act shall not affect any proceeding instituted under or
ao pursuant to prior law The enactment of this Act shall not have the effect of terminating
21 or in any way modifying any liability civil or criminal which shall already be in
22 existence at the date this Act becomes effective
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HDl SSI
1 Section 803 Effective Date This Act shall become law upon its approval by the
2 Governor or it becoming law without such approvaL
House Clerk
Certiiedby ~~f OILAN C ORiOSPEAKER
this
Governor
2010
Commonwealth ofthe Northern Mariana Islands
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 lID1 SS1
Tenorio the Mayors shall also have expenditure authority over resident government
2 departments in the First and Second senatorial districts respectively unless the
3 Governor revokes expenditure authority in a manner consistent with the Superior
4 Courts holding in Inos v Tenorio to wit expenditure authority over resident
5 departments that are primarily concerned with the delivery of public services can be
6 revoked only on a prior showing of just cause but the Governor has discretion to
7 revoke expenditure authority over those departments that are primarily concerned with
8 enforcing the law
9 (d) Tinian Health Center Four hundred twenty seven thousand seven hundred
10 twenty seven and eighty one ($42772781) from the Second Senatorial Districts
11 budget appropriation is hereby allocated to pay for the direct hiring of nurses ancillary
12 staff and other needed administrative adjustments on personnel matters
13 (e) Tinian Municipal Council One hundred twenty three thousand four
14 hundred three ($123403) All Others appropriation of the Municipal Council is
15 hereby allocated as follows (1) $15000 for office rental and administrative purposes
16 and (2) $108403 for community projects and other functions ofwhich $75000 shall be
17 allocated to the chairman and the remaining balance shall be divided equally among the
18 other two members who shall be the expenditure authority of such funds
19 (f) Tinian Commerce Thirty eight thousand one hundred forty one ($38141)
20 is hereby allocated under AU Others for operations and office supplies
Section707 Third Senatorial District - Mayor ofSaipan Mayor of the Northern
Islands and Saipan and Northern Islands Municipal Council
PUBLIC LAW NO 17-21 HOUSE BILL l7~l23 HDl SSl
1 (a) There is hereby appropriated the following amounts to fund the personnel
2 and non-personnel expenses of the municipal governments of Saipan and the Northern
3 Islands as listed below
4 FTE PERSONNEL OPERATIONS TOTAL
5 Saipan Mayor 48 $875509 $248240 $1123257 6 NI Mayor 11 $192849 $86716 $279565
7 Saipan Mun Council 1 $34076 $27447 $61523
8 Total 60 $1102434 $362411 $1464845
9 (b) The Mayor of Saipan the Mayor of the Northern Islands and the
10 Chairperson of the Municipal Council for Saipan and the Northern Islands shall be the
11 expenditure authority for appropriations for their respective offices Notwithstanding
12 any law to the contrary the Mayors of Saipan and the Northern Islands respectively
13 shall have 100 reprogramming authority of the funds appropriated in this Act
14 Section 708 Autonomous Agencies
15 (a) There is hereby appropriated the following amounts to fund the following
16 autonomous agencies as listed below
17 FTE PERSONNEL OPERATIONS TOTAL
18 NMC 160 $4099229 $364235 $4464464
MVA 36 $832531 $1780496 $2611027
ajlst amp and SeRaterl Dist $369999 $36886611gtfif~tll~fu0 PSS ll13 $28521990 $2617529 $31140519f-AP( 21
22 BOE 2 $1372685 $26643 ~164~28
23 Total 1312 $33591435 $5148903 $38740338
24 (b) Northern Marianas College
25 (1) The president of the Northern Marianas College shall be the
26 expenditure authority of the appropriated funds
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PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
pfiuv~I tys
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(c) Marianas Visitors Authority
(1) The chairman of the Board of Directors of the Marianas Visitors
Authority shall be the expenditure authority ofthe appropriated funds
(2) Tlnee hundted sixty thousand ($360000) of the All OthelS
appropriation ofth Malianas Visitors Burau sball allocatd as follows
(i) One httndred 1vveftty thousRJJd ($120000) to susidiZle the
eftartef flights from Japan to Rota under the eKpndinY=e authority of the
Cbairman oftbe Marianas Visitors AQtborityen
(ii) One bll1dred Pyenellty tbollSaad ($120000) to promote and
market Tinian as a tourist destinatioR under the expenditure ffitthority of
the Chairman of the Mwianas Visitors Authoriry ctnd
(iii) 000 hundred tlJlnty thousand ($120000) to pay the
outstandiag KllT aGGount for completed Gbafter flights from Japan to
RotH under the expenditUfe authority of the Chairman of the Marianas
Visitor s 1AzYtbor~[
(d) Public School System
(1) The expenditure authority shall be the Commissioner of Education
or hislher designee
(2) No part of funds appropriated to BU 1607 the Public School
System shall be used to pay for any expense including but not limited to travel
or reimbursement of the Board of Education its board members and staff
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SS1
1 (e) Board of Education The chairperson of the Board of Education shall be the
2 expenditure authority of the appropriated funds
3 Section 709 Boards and Commissions
4 (a) There is hereby appropriated the following amounts to fund the following
5 boards and commissions as listed below
FTE PERSONNEL OPERATIONS
BPL
Civil Servo Comm
Election Comm
Total
3
4
1 14
$88732
$164803
$1762806
$430341
$13264
$2183
$932819
$109266
11 Section 710 Independent Programs
12 There is hereby appropriated the following amounts to fund the following
13 independent programs and activities as listed below
14 FTE PERSONNEL OPERATIONS TOTAL
15 Ayuda Network 18417 18417
16 Commonwealth Museum 4 96395 40140 136535
17 Domestic Violence 36834 36834
18 Humanities Council 4604 4604
19 JoetenlKiyu Public Library 7 128933 39674 168607
20 Marianas Bound - Karidat 54147 54147
21 Micronesian Legal Legal Services - 18417 18417
22 Nat Govs Assoc 40518 40518
23 Public Assis Program 17577 17577
24 Govt Utilities 7539509 7539509
25 Judgment 76258 76258
26 La Fiesta Lease 200000 200000
27 Aetna R-Off amp Ret -- 1463483 0 1463483
28 Total 11 1688811 8492643 10181454
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
(a) Joeten-Kiyu Public Library The expenditure authority shall be the
chairperson of the Commonwealth Library Council
(b) Public Assistance - Matching Funds The expenditure authority shall be
the Governor or his designee
(c) Judgments against the Government The expenditure authority shall be the
Secretary of Finance in consultation with the Attorney General
(d) Commonwealth Museum The chairperson of the Board of Governors of
the Commonwealth Museum or hislher designee shall be the expenditure authority
(e) Ayuda Network The expenditure authority shall be the chairperson of the
board of directors
(f) KARlDAT The executive director of Marianas Bound (KARlDAT) shall
be the expenditure authority
(g) Micronesian Legal Services The executive director of the Micronesian
Legal Services Corporation shall be the expenditure authority
(h) For programs and activities not specifically mentioned the expenditure
authority shall be the Secretary of Finance
Section 711 Other Programs
(a) There is hereby appropriated the following amounts to the following other
programs as listed below
FTE PERSONNEL OPERATIONS TOTAL
22
23
NMIOICC
Ret Pension GovLtGov
Ret PL5-3 (COLA)
1 $27476
$147506
o o
413276
$27476
$147506
$413276
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
1 Workers Comp Comm ~ $121061 129648 $250709
2 Total 6 $297751 $541216 $838967
3 Section 712 Department of Public Lands
4 (a) Pursuant to Section 103 of Public Law 15-2 $2820886 is appropriated to
5 the Department of Public Lands as follows
6 Personnel $1765104
7 Operations $1055782
8 Total $2820886
9 FTE Ceiling 65
10 No funds received or collected by or remitted to the Department of Public Lands
11 pursuant to Public Law 15-2 that are in excess of the amount appropriated in this
12 section may be reprogrammed or expended absent legislative appropriation or in
13 violation of the Constitution
14 Section 713 Reporting Requirements The expenditure authorities of the
15 foregoing activities listed in Chapter VII shall submit to the presiding officers of the
16 legislature at the end of each quarter an itemized report on the expenditures for
17 personnel and operations of each government entity and the payments of the public
18 auditors fee for the quarter ended and if applicable year-to-date totals as of the close
19 of the reporting period
20 Section 714 Compact Impact Funds
middot21 Compact Impact funds shall be used III accordance with the terms and
22 conditions set forth in the Grant Agreement and shall be used to defray qualified
23 expenses for the following activities
24 (a) Office of Public Defender $ 37151
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HDt SSI
1 (b) Dept of Community amp Cultural Affairs
2 (c) Dept of Corrections
3 (d) Dept of Public Health
4 (e) Department of Public Safety
5 Total
6 Section 715 Outside Sources
$ 44616
$ 154698
$ 536744
$ 1157234
$1930443
7 (a) Notwithstanding any law to the contrary the Governor is authorized to
8 transfer qualified operational expenses to available and unencumbered outside general
9 fund accounts not to exceed $3500000 which are hereby appropriated to pay for such
10 expenses
11 CHAPTER VIII GENERAL PROVISIONS
12 Section 801 Severability If any provision of this Act or its application to any
13 person or circumstance is held invalid the invalidity does not affect other provisions
14 or applications of the Act which can be given effect without the invalid provision or
middot15 applications and to this end the provisions ofthis Act are severable
16 Section 802 Savings Clause This Act and any repealer contained herein shall
middot17 not be construed as affecting any existing right acquired under contract or acquired
18 under statutes repealed or under any rule regulation or order adopted under the statutes
middot19 Repealers contained in this Act shall not affect any proceeding instituted under or
ao pursuant to prior law The enactment of this Act shall not have the effect of terminating
21 or in any way modifying any liability civil or criminal which shall already be in
22 existence at the date this Act becomes effective
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HDl SSI
1 Section 803 Effective Date This Act shall become law upon its approval by the
2 Governor or it becoming law without such approvaL
House Clerk
Certiiedby ~~f OILAN C ORiOSPEAKER
this
Governor
2010
Commonwealth ofthe Northern Mariana Islands
PUBLIC LAW NO 17-21 HOUSE BILL l7~l23 HDl SSl
1 (a) There is hereby appropriated the following amounts to fund the personnel
2 and non-personnel expenses of the municipal governments of Saipan and the Northern
3 Islands as listed below
4 FTE PERSONNEL OPERATIONS TOTAL
5 Saipan Mayor 48 $875509 $248240 $1123257 6 NI Mayor 11 $192849 $86716 $279565
7 Saipan Mun Council 1 $34076 $27447 $61523
8 Total 60 $1102434 $362411 $1464845
9 (b) The Mayor of Saipan the Mayor of the Northern Islands and the
10 Chairperson of the Municipal Council for Saipan and the Northern Islands shall be the
11 expenditure authority for appropriations for their respective offices Notwithstanding
12 any law to the contrary the Mayors of Saipan and the Northern Islands respectively
13 shall have 100 reprogramming authority of the funds appropriated in this Act
14 Section 708 Autonomous Agencies
15 (a) There is hereby appropriated the following amounts to fund the following
16 autonomous agencies as listed below
17 FTE PERSONNEL OPERATIONS TOTAL
18 NMC 160 $4099229 $364235 $4464464
MVA 36 $832531 $1780496 $2611027
ajlst amp and SeRaterl Dist $369999 $36886611gtfif~tll~fu0 PSS ll13 $28521990 $2617529 $31140519f-AP( 21
22 BOE 2 $1372685 $26643 ~164~28
23 Total 1312 $33591435 $5148903 $38740338
24 (b) Northern Marianas College
25 (1) The president of the Northern Marianas College shall be the
26 expenditure authority of the appropriated funds
i
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
pfiuv~I tys
I I
20
21
(c) Marianas Visitors Authority
(1) The chairman of the Board of Directors of the Marianas Visitors
Authority shall be the expenditure authority ofthe appropriated funds
(2) Tlnee hundted sixty thousand ($360000) of the All OthelS
appropriation ofth Malianas Visitors Burau sball allocatd as follows
(i) One httndred 1vveftty thousRJJd ($120000) to susidiZle the
eftartef flights from Japan to Rota under the eKpndinY=e authority of the
Cbairman oftbe Marianas Visitors AQtborityen
(ii) One bll1dred Pyenellty tbollSaad ($120000) to promote and
market Tinian as a tourist destinatioR under the expenditure ffitthority of
the Chairman of the Mwianas Visitors Authoriry ctnd
(iii) 000 hundred tlJlnty thousand ($120000) to pay the
outstandiag KllT aGGount for completed Gbafter flights from Japan to
RotH under the expenditUfe authority of the Chairman of the Marianas
Visitor s 1AzYtbor~[
(d) Public School System
(1) The expenditure authority shall be the Commissioner of Education
or hislher designee
(2) No part of funds appropriated to BU 1607 the Public School
System shall be used to pay for any expense including but not limited to travel
or reimbursement of the Board of Education its board members and staff
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SS1
1 (e) Board of Education The chairperson of the Board of Education shall be the
2 expenditure authority of the appropriated funds
3 Section 709 Boards and Commissions
4 (a) There is hereby appropriated the following amounts to fund the following
5 boards and commissions as listed below
FTE PERSONNEL OPERATIONS
BPL
Civil Servo Comm
Election Comm
Total
3
4
1 14
$88732
$164803
$1762806
$430341
$13264
$2183
$932819
$109266
11 Section 710 Independent Programs
12 There is hereby appropriated the following amounts to fund the following
13 independent programs and activities as listed below
14 FTE PERSONNEL OPERATIONS TOTAL
15 Ayuda Network 18417 18417
16 Commonwealth Museum 4 96395 40140 136535
17 Domestic Violence 36834 36834
18 Humanities Council 4604 4604
19 JoetenlKiyu Public Library 7 128933 39674 168607
20 Marianas Bound - Karidat 54147 54147
21 Micronesian Legal Legal Services - 18417 18417
22 Nat Govs Assoc 40518 40518
23 Public Assis Program 17577 17577
24 Govt Utilities 7539509 7539509
25 Judgment 76258 76258
26 La Fiesta Lease 200000 200000
27 Aetna R-Off amp Ret -- 1463483 0 1463483
28 Total 11 1688811 8492643 10181454
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
(a) Joeten-Kiyu Public Library The expenditure authority shall be the
chairperson of the Commonwealth Library Council
(b) Public Assistance - Matching Funds The expenditure authority shall be
the Governor or his designee
(c) Judgments against the Government The expenditure authority shall be the
Secretary of Finance in consultation with the Attorney General
(d) Commonwealth Museum The chairperson of the Board of Governors of
the Commonwealth Museum or hislher designee shall be the expenditure authority
(e) Ayuda Network The expenditure authority shall be the chairperson of the
board of directors
(f) KARlDAT The executive director of Marianas Bound (KARlDAT) shall
be the expenditure authority
(g) Micronesian Legal Services The executive director of the Micronesian
Legal Services Corporation shall be the expenditure authority
(h) For programs and activities not specifically mentioned the expenditure
authority shall be the Secretary of Finance
Section 711 Other Programs
(a) There is hereby appropriated the following amounts to the following other
programs as listed below
FTE PERSONNEL OPERATIONS TOTAL
22
23
NMIOICC
Ret Pension GovLtGov
Ret PL5-3 (COLA)
1 $27476
$147506
o o
413276
$27476
$147506
$413276
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
1 Workers Comp Comm ~ $121061 129648 $250709
2 Total 6 $297751 $541216 $838967
3 Section 712 Department of Public Lands
4 (a) Pursuant to Section 103 of Public Law 15-2 $2820886 is appropriated to
5 the Department of Public Lands as follows
6 Personnel $1765104
7 Operations $1055782
8 Total $2820886
9 FTE Ceiling 65
10 No funds received or collected by or remitted to the Department of Public Lands
11 pursuant to Public Law 15-2 that are in excess of the amount appropriated in this
12 section may be reprogrammed or expended absent legislative appropriation or in
13 violation of the Constitution
14 Section 713 Reporting Requirements The expenditure authorities of the
15 foregoing activities listed in Chapter VII shall submit to the presiding officers of the
16 legislature at the end of each quarter an itemized report on the expenditures for
17 personnel and operations of each government entity and the payments of the public
18 auditors fee for the quarter ended and if applicable year-to-date totals as of the close
19 of the reporting period
20 Section 714 Compact Impact Funds
middot21 Compact Impact funds shall be used III accordance with the terms and
22 conditions set forth in the Grant Agreement and shall be used to defray qualified
23 expenses for the following activities
24 (a) Office of Public Defender $ 37151
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HDt SSI
1 (b) Dept of Community amp Cultural Affairs
2 (c) Dept of Corrections
3 (d) Dept of Public Health
4 (e) Department of Public Safety
5 Total
6 Section 715 Outside Sources
$ 44616
$ 154698
$ 536744
$ 1157234
$1930443
7 (a) Notwithstanding any law to the contrary the Governor is authorized to
8 transfer qualified operational expenses to available and unencumbered outside general
9 fund accounts not to exceed $3500000 which are hereby appropriated to pay for such
10 expenses
11 CHAPTER VIII GENERAL PROVISIONS
12 Section 801 Severability If any provision of this Act or its application to any
13 person or circumstance is held invalid the invalidity does not affect other provisions
14 or applications of the Act which can be given effect without the invalid provision or
middot15 applications and to this end the provisions ofthis Act are severable
16 Section 802 Savings Clause This Act and any repealer contained herein shall
middot17 not be construed as affecting any existing right acquired under contract or acquired
18 under statutes repealed or under any rule regulation or order adopted under the statutes
middot19 Repealers contained in this Act shall not affect any proceeding instituted under or
ao pursuant to prior law The enactment of this Act shall not have the effect of terminating
21 or in any way modifying any liability civil or criminal which shall already be in
22 existence at the date this Act becomes effective
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HDl SSI
1 Section 803 Effective Date This Act shall become law upon its approval by the
2 Governor or it becoming law without such approvaL
House Clerk
Certiiedby ~~f OILAN C ORiOSPEAKER
this
Governor
2010
Commonwealth ofthe Northern Mariana Islands
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
pfiuv~I tys
I I
20
21
(c) Marianas Visitors Authority
(1) The chairman of the Board of Directors of the Marianas Visitors
Authority shall be the expenditure authority ofthe appropriated funds
(2) Tlnee hundted sixty thousand ($360000) of the All OthelS
appropriation ofth Malianas Visitors Burau sball allocatd as follows
(i) One httndred 1vveftty thousRJJd ($120000) to susidiZle the
eftartef flights from Japan to Rota under the eKpndinY=e authority of the
Cbairman oftbe Marianas Visitors AQtborityen
(ii) One bll1dred Pyenellty tbollSaad ($120000) to promote and
market Tinian as a tourist destinatioR under the expenditure ffitthority of
the Chairman of the Mwianas Visitors Authoriry ctnd
(iii) 000 hundred tlJlnty thousand ($120000) to pay the
outstandiag KllT aGGount for completed Gbafter flights from Japan to
RotH under the expenditUfe authority of the Chairman of the Marianas
Visitor s 1AzYtbor~[
(d) Public School System
(1) The expenditure authority shall be the Commissioner of Education
or hislher designee
(2) No part of funds appropriated to BU 1607 the Public School
System shall be used to pay for any expense including but not limited to travel
or reimbursement of the Board of Education its board members and staff
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SS1
1 (e) Board of Education The chairperson of the Board of Education shall be the
2 expenditure authority of the appropriated funds
3 Section 709 Boards and Commissions
4 (a) There is hereby appropriated the following amounts to fund the following
5 boards and commissions as listed below
FTE PERSONNEL OPERATIONS
BPL
Civil Servo Comm
Election Comm
Total
3
4
1 14
$88732
$164803
$1762806
$430341
$13264
$2183
$932819
$109266
11 Section 710 Independent Programs
12 There is hereby appropriated the following amounts to fund the following
13 independent programs and activities as listed below
14 FTE PERSONNEL OPERATIONS TOTAL
15 Ayuda Network 18417 18417
16 Commonwealth Museum 4 96395 40140 136535
17 Domestic Violence 36834 36834
18 Humanities Council 4604 4604
19 JoetenlKiyu Public Library 7 128933 39674 168607
20 Marianas Bound - Karidat 54147 54147
21 Micronesian Legal Legal Services - 18417 18417
22 Nat Govs Assoc 40518 40518
23 Public Assis Program 17577 17577
24 Govt Utilities 7539509 7539509
25 Judgment 76258 76258
26 La Fiesta Lease 200000 200000
27 Aetna R-Off amp Ret -- 1463483 0 1463483
28 Total 11 1688811 8492643 10181454
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
(a) Joeten-Kiyu Public Library The expenditure authority shall be the
chairperson of the Commonwealth Library Council
(b) Public Assistance - Matching Funds The expenditure authority shall be
the Governor or his designee
(c) Judgments against the Government The expenditure authority shall be the
Secretary of Finance in consultation with the Attorney General
(d) Commonwealth Museum The chairperson of the Board of Governors of
the Commonwealth Museum or hislher designee shall be the expenditure authority
(e) Ayuda Network The expenditure authority shall be the chairperson of the
board of directors
(f) KARlDAT The executive director of Marianas Bound (KARlDAT) shall
be the expenditure authority
(g) Micronesian Legal Services The executive director of the Micronesian
Legal Services Corporation shall be the expenditure authority
(h) For programs and activities not specifically mentioned the expenditure
authority shall be the Secretary of Finance
Section 711 Other Programs
(a) There is hereby appropriated the following amounts to the following other
programs as listed below
FTE PERSONNEL OPERATIONS TOTAL
22
23
NMIOICC
Ret Pension GovLtGov
Ret PL5-3 (COLA)
1 $27476
$147506
o o
413276
$27476
$147506
$413276
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
1 Workers Comp Comm ~ $121061 129648 $250709
2 Total 6 $297751 $541216 $838967
3 Section 712 Department of Public Lands
4 (a) Pursuant to Section 103 of Public Law 15-2 $2820886 is appropriated to
5 the Department of Public Lands as follows
6 Personnel $1765104
7 Operations $1055782
8 Total $2820886
9 FTE Ceiling 65
10 No funds received or collected by or remitted to the Department of Public Lands
11 pursuant to Public Law 15-2 that are in excess of the amount appropriated in this
12 section may be reprogrammed or expended absent legislative appropriation or in
13 violation of the Constitution
14 Section 713 Reporting Requirements The expenditure authorities of the
15 foregoing activities listed in Chapter VII shall submit to the presiding officers of the
16 legislature at the end of each quarter an itemized report on the expenditures for
17 personnel and operations of each government entity and the payments of the public
18 auditors fee for the quarter ended and if applicable year-to-date totals as of the close
19 of the reporting period
20 Section 714 Compact Impact Funds
middot21 Compact Impact funds shall be used III accordance with the terms and
22 conditions set forth in the Grant Agreement and shall be used to defray qualified
23 expenses for the following activities
24 (a) Office of Public Defender $ 37151
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HDt SSI
1 (b) Dept of Community amp Cultural Affairs
2 (c) Dept of Corrections
3 (d) Dept of Public Health
4 (e) Department of Public Safety
5 Total
6 Section 715 Outside Sources
$ 44616
$ 154698
$ 536744
$ 1157234
$1930443
7 (a) Notwithstanding any law to the contrary the Governor is authorized to
8 transfer qualified operational expenses to available and unencumbered outside general
9 fund accounts not to exceed $3500000 which are hereby appropriated to pay for such
10 expenses
11 CHAPTER VIII GENERAL PROVISIONS
12 Section 801 Severability If any provision of this Act or its application to any
13 person or circumstance is held invalid the invalidity does not affect other provisions
14 or applications of the Act which can be given effect without the invalid provision or
middot15 applications and to this end the provisions ofthis Act are severable
16 Section 802 Savings Clause This Act and any repealer contained herein shall
middot17 not be construed as affecting any existing right acquired under contract or acquired
18 under statutes repealed or under any rule regulation or order adopted under the statutes
middot19 Repealers contained in this Act shall not affect any proceeding instituted under or
ao pursuant to prior law The enactment of this Act shall not have the effect of terminating
21 or in any way modifying any liability civil or criminal which shall already be in
22 existence at the date this Act becomes effective
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HDl SSI
1 Section 803 Effective Date This Act shall become law upon its approval by the
2 Governor or it becoming law without such approvaL
House Clerk
Certiiedby ~~f OILAN C ORiOSPEAKER
this
Governor
2010
Commonwealth ofthe Northern Mariana Islands
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SS1
1 (e) Board of Education The chairperson of the Board of Education shall be the
2 expenditure authority of the appropriated funds
3 Section 709 Boards and Commissions
4 (a) There is hereby appropriated the following amounts to fund the following
5 boards and commissions as listed below
FTE PERSONNEL OPERATIONS
BPL
Civil Servo Comm
Election Comm
Total
3
4
1 14
$88732
$164803
$1762806
$430341
$13264
$2183
$932819
$109266
11 Section 710 Independent Programs
12 There is hereby appropriated the following amounts to fund the following
13 independent programs and activities as listed below
14 FTE PERSONNEL OPERATIONS TOTAL
15 Ayuda Network 18417 18417
16 Commonwealth Museum 4 96395 40140 136535
17 Domestic Violence 36834 36834
18 Humanities Council 4604 4604
19 JoetenlKiyu Public Library 7 128933 39674 168607
20 Marianas Bound - Karidat 54147 54147
21 Micronesian Legal Legal Services - 18417 18417
22 Nat Govs Assoc 40518 40518
23 Public Assis Program 17577 17577
24 Govt Utilities 7539509 7539509
25 Judgment 76258 76258
26 La Fiesta Lease 200000 200000
27 Aetna R-Off amp Ret -- 1463483 0 1463483
28 Total 11 1688811 8492643 10181454
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
(a) Joeten-Kiyu Public Library The expenditure authority shall be the
chairperson of the Commonwealth Library Council
(b) Public Assistance - Matching Funds The expenditure authority shall be
the Governor or his designee
(c) Judgments against the Government The expenditure authority shall be the
Secretary of Finance in consultation with the Attorney General
(d) Commonwealth Museum The chairperson of the Board of Governors of
the Commonwealth Museum or hislher designee shall be the expenditure authority
(e) Ayuda Network The expenditure authority shall be the chairperson of the
board of directors
(f) KARlDAT The executive director of Marianas Bound (KARlDAT) shall
be the expenditure authority
(g) Micronesian Legal Services The executive director of the Micronesian
Legal Services Corporation shall be the expenditure authority
(h) For programs and activities not specifically mentioned the expenditure
authority shall be the Secretary of Finance
Section 711 Other Programs
(a) There is hereby appropriated the following amounts to the following other
programs as listed below
FTE PERSONNEL OPERATIONS TOTAL
22
23
NMIOICC
Ret Pension GovLtGov
Ret PL5-3 (COLA)
1 $27476
$147506
o o
413276
$27476
$147506
$413276
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
1 Workers Comp Comm ~ $121061 129648 $250709
2 Total 6 $297751 $541216 $838967
3 Section 712 Department of Public Lands
4 (a) Pursuant to Section 103 of Public Law 15-2 $2820886 is appropriated to
5 the Department of Public Lands as follows
6 Personnel $1765104
7 Operations $1055782
8 Total $2820886
9 FTE Ceiling 65
10 No funds received or collected by or remitted to the Department of Public Lands
11 pursuant to Public Law 15-2 that are in excess of the amount appropriated in this
12 section may be reprogrammed or expended absent legislative appropriation or in
13 violation of the Constitution
14 Section 713 Reporting Requirements The expenditure authorities of the
15 foregoing activities listed in Chapter VII shall submit to the presiding officers of the
16 legislature at the end of each quarter an itemized report on the expenditures for
17 personnel and operations of each government entity and the payments of the public
18 auditors fee for the quarter ended and if applicable year-to-date totals as of the close
19 of the reporting period
20 Section 714 Compact Impact Funds
middot21 Compact Impact funds shall be used III accordance with the terms and
22 conditions set forth in the Grant Agreement and shall be used to defray qualified
23 expenses for the following activities
24 (a) Office of Public Defender $ 37151
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HDt SSI
1 (b) Dept of Community amp Cultural Affairs
2 (c) Dept of Corrections
3 (d) Dept of Public Health
4 (e) Department of Public Safety
5 Total
6 Section 715 Outside Sources
$ 44616
$ 154698
$ 536744
$ 1157234
$1930443
7 (a) Notwithstanding any law to the contrary the Governor is authorized to
8 transfer qualified operational expenses to available and unencumbered outside general
9 fund accounts not to exceed $3500000 which are hereby appropriated to pay for such
10 expenses
11 CHAPTER VIII GENERAL PROVISIONS
12 Section 801 Severability If any provision of this Act or its application to any
13 person or circumstance is held invalid the invalidity does not affect other provisions
14 or applications of the Act which can be given effect without the invalid provision or
middot15 applications and to this end the provisions ofthis Act are severable
16 Section 802 Savings Clause This Act and any repealer contained herein shall
middot17 not be construed as affecting any existing right acquired under contract or acquired
18 under statutes repealed or under any rule regulation or order adopted under the statutes
middot19 Repealers contained in this Act shall not affect any proceeding instituted under or
ao pursuant to prior law The enactment of this Act shall not have the effect of terminating
21 or in any way modifying any liability civil or criminal which shall already be in
22 existence at the date this Act becomes effective
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HDl SSI
1 Section 803 Effective Date This Act shall become law upon its approval by the
2 Governor or it becoming law without such approvaL
House Clerk
Certiiedby ~~f OILAN C ORiOSPEAKER
this
Governor
2010
Commonwealth ofthe Northern Mariana Islands
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
PUBLIC LAW NO 17-21 HOUSE BILL 17-123 HD1 SSI
(a) Joeten-Kiyu Public Library The expenditure authority shall be the
chairperson of the Commonwealth Library Council
(b) Public Assistance - Matching Funds The expenditure authority shall be
the Governor or his designee
(c) Judgments against the Government The expenditure authority shall be the
Secretary of Finance in consultation with the Attorney General
(d) Commonwealth Museum The chairperson of the Board of Governors of
the Commonwealth Museum or hislher designee shall be the expenditure authority
(e) Ayuda Network The expenditure authority shall be the chairperson of the
board of directors
(f) KARlDAT The executive director of Marianas Bound (KARlDAT) shall
be the expenditure authority
(g) Micronesian Legal Services The executive director of the Micronesian
Legal Services Corporation shall be the expenditure authority
(h) For programs and activities not specifically mentioned the expenditure
authority shall be the Secretary of Finance
Section 711 Other Programs
(a) There is hereby appropriated the following amounts to the following other
programs as listed below
FTE PERSONNEL OPERATIONS TOTAL
22
23
NMIOICC
Ret Pension GovLtGov
Ret PL5-3 (COLA)
1 $27476
$147506
o o
413276
$27476
$147506
$413276
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
1 Workers Comp Comm ~ $121061 129648 $250709
2 Total 6 $297751 $541216 $838967
3 Section 712 Department of Public Lands
4 (a) Pursuant to Section 103 of Public Law 15-2 $2820886 is appropriated to
5 the Department of Public Lands as follows
6 Personnel $1765104
7 Operations $1055782
8 Total $2820886
9 FTE Ceiling 65
10 No funds received or collected by or remitted to the Department of Public Lands
11 pursuant to Public Law 15-2 that are in excess of the amount appropriated in this
12 section may be reprogrammed or expended absent legislative appropriation or in
13 violation of the Constitution
14 Section 713 Reporting Requirements The expenditure authorities of the
15 foregoing activities listed in Chapter VII shall submit to the presiding officers of the
16 legislature at the end of each quarter an itemized report on the expenditures for
17 personnel and operations of each government entity and the payments of the public
18 auditors fee for the quarter ended and if applicable year-to-date totals as of the close
19 of the reporting period
20 Section 714 Compact Impact Funds
middot21 Compact Impact funds shall be used III accordance with the terms and
22 conditions set forth in the Grant Agreement and shall be used to defray qualified
23 expenses for the following activities
24 (a) Office of Public Defender $ 37151
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HDt SSI
1 (b) Dept of Community amp Cultural Affairs
2 (c) Dept of Corrections
3 (d) Dept of Public Health
4 (e) Department of Public Safety
5 Total
6 Section 715 Outside Sources
$ 44616
$ 154698
$ 536744
$ 1157234
$1930443
7 (a) Notwithstanding any law to the contrary the Governor is authorized to
8 transfer qualified operational expenses to available and unencumbered outside general
9 fund accounts not to exceed $3500000 which are hereby appropriated to pay for such
10 expenses
11 CHAPTER VIII GENERAL PROVISIONS
12 Section 801 Severability If any provision of this Act or its application to any
13 person or circumstance is held invalid the invalidity does not affect other provisions
14 or applications of the Act which can be given effect without the invalid provision or
middot15 applications and to this end the provisions ofthis Act are severable
16 Section 802 Savings Clause This Act and any repealer contained herein shall
middot17 not be construed as affecting any existing right acquired under contract or acquired
18 under statutes repealed or under any rule regulation or order adopted under the statutes
middot19 Repealers contained in this Act shall not affect any proceeding instituted under or
ao pursuant to prior law The enactment of this Act shall not have the effect of terminating
21 or in any way modifying any liability civil or criminal which shall already be in
22 existence at the date this Act becomes effective
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HDl SSI
1 Section 803 Effective Date This Act shall become law upon its approval by the
2 Governor or it becoming law without such approvaL
House Clerk
Certiiedby ~~f OILAN C ORiOSPEAKER
this
Governor
2010
Commonwealth ofthe Northern Mariana Islands
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HD1 SSI
1 Workers Comp Comm ~ $121061 129648 $250709
2 Total 6 $297751 $541216 $838967
3 Section 712 Department of Public Lands
4 (a) Pursuant to Section 103 of Public Law 15-2 $2820886 is appropriated to
5 the Department of Public Lands as follows
6 Personnel $1765104
7 Operations $1055782
8 Total $2820886
9 FTE Ceiling 65
10 No funds received or collected by or remitted to the Department of Public Lands
11 pursuant to Public Law 15-2 that are in excess of the amount appropriated in this
12 section may be reprogrammed or expended absent legislative appropriation or in
13 violation of the Constitution
14 Section 713 Reporting Requirements The expenditure authorities of the
15 foregoing activities listed in Chapter VII shall submit to the presiding officers of the
16 legislature at the end of each quarter an itemized report on the expenditures for
17 personnel and operations of each government entity and the payments of the public
18 auditors fee for the quarter ended and if applicable year-to-date totals as of the close
19 of the reporting period
20 Section 714 Compact Impact Funds
middot21 Compact Impact funds shall be used III accordance with the terms and
22 conditions set forth in the Grant Agreement and shall be used to defray qualified
23 expenses for the following activities
24 (a) Office of Public Defender $ 37151
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HDt SSI
1 (b) Dept of Community amp Cultural Affairs
2 (c) Dept of Corrections
3 (d) Dept of Public Health
4 (e) Department of Public Safety
5 Total
6 Section 715 Outside Sources
$ 44616
$ 154698
$ 536744
$ 1157234
$1930443
7 (a) Notwithstanding any law to the contrary the Governor is authorized to
8 transfer qualified operational expenses to available and unencumbered outside general
9 fund accounts not to exceed $3500000 which are hereby appropriated to pay for such
10 expenses
11 CHAPTER VIII GENERAL PROVISIONS
12 Section 801 Severability If any provision of this Act or its application to any
13 person or circumstance is held invalid the invalidity does not affect other provisions
14 or applications of the Act which can be given effect without the invalid provision or
middot15 applications and to this end the provisions ofthis Act are severable
16 Section 802 Savings Clause This Act and any repealer contained herein shall
middot17 not be construed as affecting any existing right acquired under contract or acquired
18 under statutes repealed or under any rule regulation or order adopted under the statutes
middot19 Repealers contained in this Act shall not affect any proceeding instituted under or
ao pursuant to prior law The enactment of this Act shall not have the effect of terminating
21 or in any way modifying any liability civil or criminal which shall already be in
22 existence at the date this Act becomes effective
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HDl SSI
1 Section 803 Effective Date This Act shall become law upon its approval by the
2 Governor or it becoming law without such approvaL
House Clerk
Certiiedby ~~f OILAN C ORiOSPEAKER
this
Governor
2010
Commonwealth ofthe Northern Mariana Islands
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HDt SSI
1 (b) Dept of Community amp Cultural Affairs
2 (c) Dept of Corrections
3 (d) Dept of Public Health
4 (e) Department of Public Safety
5 Total
6 Section 715 Outside Sources
$ 44616
$ 154698
$ 536744
$ 1157234
$1930443
7 (a) Notwithstanding any law to the contrary the Governor is authorized to
8 transfer qualified operational expenses to available and unencumbered outside general
9 fund accounts not to exceed $3500000 which are hereby appropriated to pay for such
10 expenses
11 CHAPTER VIII GENERAL PROVISIONS
12 Section 801 Severability If any provision of this Act or its application to any
13 person or circumstance is held invalid the invalidity does not affect other provisions
14 or applications of the Act which can be given effect without the invalid provision or
middot15 applications and to this end the provisions ofthis Act are severable
16 Section 802 Savings Clause This Act and any repealer contained herein shall
middot17 not be construed as affecting any existing right acquired under contract or acquired
18 under statutes repealed or under any rule regulation or order adopted under the statutes
middot19 Repealers contained in this Act shall not affect any proceeding instituted under or
ao pursuant to prior law The enactment of this Act shall not have the effect of terminating
21 or in any way modifying any liability civil or criminal which shall already be in
22 existence at the date this Act becomes effective
PUBLIC LAW NO 17-21
HOUSE BILL 17-123 HDl SSI
1 Section 803 Effective Date This Act shall become law upon its approval by the
2 Governor or it becoming law without such approvaL
House Clerk
Certiiedby ~~f OILAN C ORiOSPEAKER
this
Governor
2010
Commonwealth ofthe Northern Mariana Islands