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Gov. Msg. No. n..ps, 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 17- 123, 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 legislature's aspirations to lessen the financial impact on our government employees seemingly delayed the timely passage of a 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:

Gov. Msg. No. n..ps, · 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

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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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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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2

3

4

5

6

7

8

9

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11

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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

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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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

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

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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

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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

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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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 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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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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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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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

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

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 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

1

2

3

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7

8

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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

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

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23

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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2

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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

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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

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

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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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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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

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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11

12

13

14

15

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17

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19

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

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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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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

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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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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

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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5

6

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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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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 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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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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17

18

19

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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

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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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7

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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

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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

10

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12

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16

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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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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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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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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

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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

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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2

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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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8

9

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12

13

14

15

16

17

18

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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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15

16

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18

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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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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

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

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7

8

9

10

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12

13

14

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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 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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6

7

8

9

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11

12

13

14

15

16

17

18

19

20

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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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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

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2

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4

5

6

7

8

9

10

11

12

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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

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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2

3

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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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6

7

8

9

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11

12

13

14

15

16

17

18

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20

21

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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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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

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

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13

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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

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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

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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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12

13

14

15

16

17

18

19

20

21

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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

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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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7

8

9

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13

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16

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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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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

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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 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

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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 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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4

5

6

7

8

9

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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 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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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 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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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 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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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

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

1

2

3

4

5

6

7

8

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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

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

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7

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9

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12

13

14

15

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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

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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

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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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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13

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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

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11

12

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16

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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 HDl SSI

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4

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6

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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

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

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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

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

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 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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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 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

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