SIXTH NORTHERN MARIANAS COMMONWEALTH LEGISLATURE H.B. NO , HOUSE DRAFT 3, SENATE COMMITTEE SUBSTITUTE BILL CONFERENCE

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1 lublic LAW NO SIXTH NORTHERN MARIANAS COMMONWEALTH LEGISLATURE H.B. NO , HOUSE DRAFT 3, SENATE COMMITTEE SUBSTITUTE BILL CONFERENCE COMMITTEE DRAFT 1 THIRD REGULAR SESSION, 1988 AN ACT To make appropriation 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 1989, and for other purposes. IT ENACTED BY THE NORTHERN MARIANAS COMMONWEALTH LEGISLATURE: Section 101. Short Title. This Act may be cited as the commonwealth ~ppropriations and Budget Authority Act of Section 102. Purwose. This Act appropriates local funds for the operations and activities of the Government of the Northern Mariana Islands and provides budget authority for government corporations commencing October 1, 1988 and ending September 30, Section 103. Definitions. As used in this act, the Government of the Commonwealth of the Northern Mariana Islands CNMI includes: a) Executive Branch, which includes the following departments and offices: Office of the Governor Office of the Attorney General Office of the Public Defender Department of Community and Cultural ~f f airs Department of Public Works Department of Commerce and Labor Department of Public Safety Department of Finance Department of Public Health and Environmental Services Page 1

2 PLBLIC LAW NO (10) Department of Natural Resources b) "First Senatorial Districtm means the senatorial district of Rota which includes the following government offices and resident departments: (1) Off ice of the Mayor (2) Office of the Municipal Council (3) Office of the Attorney General (4) Department of Community and Cultural Affairs (5) Department of Public Works (6) Department of Finance (7) Department of Public Health and Environmental Services (8) Department of Natural Resources (10) Department of Commerce and Labor c) I8Second Senatorial Districtt1 means the senatorial district of Tinian and Aguiguan which includes the following governmental offices and resident Office of the Mayor Office of the Municipal Council Office of the Attorney General Department of Community and Cultural Affairs Department of Public Works Department of Finance Department of Public Health and Environmental Services Department of Natural Resources Department of Public Safety Page 2

3 I'UBLIC LAW NO (10) Department of Commerce and Labor d) Office of the Mayors of Saipan and Northern Islands: (1) Mayor of Saipan (2) Mayor of the Northern Islands e) Judicial Branch f) Legislative Branch g) Office of Washington Representative h) ngovernment CORPORATION, Quasi-Public Entity, Board or Commissionw means a governmental agency or instrumentality incorporated or established pursuant to the Commonwealth Constitution or Commonwealth law and includes the following agencies and instrumentalities: (1) Alcoholic and Beverage Control Board (2) Board of Elections (3) Board of Parole (4) Board of Professional Licensing (5) Civil Service Commission (6) Land Commission (7) Law Revision Commission (8) Northern Marianas Amateur Sports ~ssociation (9) Public School System (10) Northern Marianas College (11) United ati ions Trusteeship Termination Task Force (12) NMI Retirement Fund ~dministration (13) Chamorro and Carolinian Language Commission i) "INDEPENDENT PROGRAMSM means those non-profit Page 3

4 TbBLIC LAW NO corporations and associations or organizations established outside of the Government of the Commonwealth of the Northern Mariana Islands in which the Commonwealth Government provides financial assistance such as the: (1) American War Memorial Park (2) National Governors Association (3) Pacific Basin Development Council (4) South Pacific Commission (5) East West Center (6) Marianas Bound (Catholic Social Services) (7) American Red Cross, CNMI Chapter (8) Micronesia Legal Services Corporation (9) CNMI Nurses Association (10) Agricultural Fair (11) CNMI Beauty Pageant Association (12) Boys Scouts, CNMI Chapter (13) Girls Scouts, CNMI Chapter (14) Covenant NMI 902 Talks (15) Private Industry Council (JTPA) j) Public Auditor k) "Local Fundsw means locally generated revenues and revenues received pursuant to Section 702(a) of the Covenant. 1) "OperationsI1 means appropriations for all lawful activities other than personnel. m) mpersonneln means appropriations for the base salaries, employer's contribution to the Northern Marianas Retirement Fund, overtime, night differential, hazardous pay and other employee benefits.

5 n) "Positionw or "Full Time Equivalent8@ (FTE) means a full time employment position in which only one individual can be employed. Section 104. Estimated Revenueg. House Concurrent Resolution 6-1 approves the revenues and resources identified by the Governor and is hereby reiterated and classified for immediate reference: A. Local Funds: 1) Internal Revenues... $66,950,100 2) Covenant Funds (Operations).. $15,000,000 Total Local Funds... $81,950,100 B. Non-Resident Workers Fee Fund (P.L. 5-32)... $750,000 Total Local Revenue and Resources $ Section 105. Allocation of Revenues. For the activities and operations of various government agencies and instrumentalities of the Commonwealth Government of the Northern Mariana Islands, it is hereby appropriated out of the Total Projected Revenues the sum of $81,950, The total sum appropriated in this Act and allocated to the Public School System shall be identified as funds from Covenant operations. The balance of Covenant Operations Funds not appropriated and allocated to the Public School System, $1,612,623, is allocated to the Department of Public Health and Environmental Services. CHAPTER 11. APPROPRIATIONS Section 201. A~~ro~riation. Funds for personnel and operations for the following activities are hereby appropriated. The FTE's identified are the maximum number of positions approved and authorized and shall not be exceeded. Page 5

6 PUBLIC LAW NO House Bill No H.D.3, Senate Comnittee Subs. Bill Conference Comn. Draft 1 1 A) EXECUTIVE BRANCH: 1. OFFICE OF THE GOVERNOR OFFICE OF THE ATTORNEY GENERAL OFFICE OF THE PUBLIC DEFENDER DEPARTMENT OF COmUWITY AND CULTURAL AFFAIRS DEPARTMENT OF PUBLIC UORKS DEPARTMENT OF COMnERCE AND LABOR DEPARTMENT OF PUBLIC SAFETY DEPARTMENT OF FINANCE DEPT. OF WBLIC HEALTH 8 ENVIRWMENTAL SERVICES DEPARTMENT OF NATURAL RESOURCES SUB-TOTAL 1, B) FIRST SENATORIAL DISTRICT: 1. OFFICE OF THE MAYOR OFFICE OF THE MUNICIPAL COUNCIL OFFICE OF THE ATTORNEY GENERAL 6 4. DEPARTMENT OF CWNITY AND CULTURAL AFFAIRS 9 5. DEPARTMENT OF PUBLIC UORKS DEPARTMENT OF FINANCE DEPT. OF WBLIC HEALTH 8 ENVIRONMENTAL SERVICES DEPARTMENT OF NATURAL RESOURCES DEPARTMENT OF PUBLIC SAFETY DEPARTMENT OF CMERCE AND LABOR SUB- TOTAL 244 Page 6

7 PUBLIC LAW?lo Senate Comnittee Subs. Bill Conference Comn. Draft 1 C) SECOND SENATORIAL DISTRICT: 1. OFFICE OF THE MAYOR 2. OFFICE OF THE WNICIPAL COUNCIL 3.. OFFICE OF THE ATTORNEY GENERAL 4. DEPARTMENT OF CWNITY AND CULTURAL AFFAIRS 9 5. DEPARTMENT OF NATURAL RESOURCES DEPARTMENT OF CWnERCE AND LABOR 6 7. DEPARTMENT OF PUBLIC SAFETY DEPARTMENT OF FINANCE DEPT. OF PUBLIC HEALTH 8 ENVIRONMENTAL SERVICES DEPARTMENT OF PUBLIC UORKS SUB-TOTAL D) OFFICE OF THE MAYORS: 1. MAYOR OF SAIPAN 2. MAYOR OF NORTHERN ISLANDS SUB-TOTAL E) JUDICIARY BRANCH F) LEGISLATIVE BRANCH G) OFFICE OF UASHINGTON REPRESENTATIVE H) GOVERNMENT CORPORATIONS: 1. ALCOHOLIC 8 BEVERAGE CONTROL BOARD 2. BOARD OF ELECTIONS BOARD OF PAROLE

8 PUBLIC LXi NO House Bill No H.D.3, Senate Comnittee Subs. Bill Conference C m. Draft 1 4. BOARD OF PROFESIONAL LICENSING 5. CIVIL SERVICE COnMISSION 6. LAND COWISSIW 7.. LAY REVISION C0141SSION 8. llorthern HARIANAS AHATEUR SWRTS ASSOCIATION 9. PUBLIC SCHOOL SYSTEM 10. NORTHERN MARIANAS COLLEGE 11. MIHA FINANCIAL ASSISTANCE 12. RETIREMENT FUND ADMINSITRATION 13. C W R O 8 CAROLINIAN LANGUAGE C M. 14. MARIANAS VISITORS BUREAU 15. COUND MANAGEMENT 8 PROTECTION ACT FUND SUB- TOTAL I) INDEPENDENT PROGRAMS: 1. NATIONAL GOVERNORS ASSOCIATION 2. PACIFIC BASIN DEVELOPMENT CORPORATION 3. SOUTH PACIFIC COMMISSION 4. EAST WEST CENTER 5. MARIANAS BOUND (CATHOLIC SOCIAL SERVICES) 6. AMERICAN RED CROSS, CNMI CHAPTER 7. MICRONESIAL LEGAL SERVICES CORPORATION 8. CNMI NURSES ASSOCIATION 9. AGRICULTURAL FAIR 10. CNMI BEAUTY PAGEANT ASSOCIATION 11. BOYS SCOUTS, CNMI CHAPTER 12. GIRLS SCOUTS, CNMI CHAPTER 13. NHI 902 TALKS

9 PUBLIC LAW NO House Bill No H.D.3, Senate Cornnittee Subs. Bill Conference Ccnnn. Draft PEER PROGRAM 3 SUB-TOTAL 4 5 J) OTHER PROGRAMS: 6 1. JOB TRAINING PARTNERSHIP ACT 0 5,000 70,000 75, CWWUEALTH DEVELOPMENT AUTHOR1 T I INSTALLMENT 0 0 ~,~oo,~oo 1,000, SALARY RAISE (S.B. NO ) 0 1,150, ,150, DEFICIT REDUCTION , , GOV'T BUILDING REPAIRS 8 MAINTENANCE ,000 75, UTILITY ASSISTANCE PROGRAM (S.B ) 0 0 1,063,000 1,063, K) PROJECTS: GARAPAN CENTRAL PARK P.M. CABRERA MEIlORIAL HALL C.K. DIST.#4 PARK GARAPAN BASKETBALL COURT IMPROVEMENT C.K./SUSUPE BASKETBALL COURT IMPROVEMENT SUSUPE REGIONAL PARK SAN ROQUE SOCIAL HALL KOBLERVILLE REC. FAC. 8 SPORTS EQUIP LlYO PARK PAVILION FINAKTAN BEACH PARK PSS GARAPAN ELEMENTARY SCHOOL BLDG. 8 FAC PSS BUS STOP SHELTERS SUB-TOTAL 30

10 PUBLIC LAW NO House Bill No H.D.3, Senate Comnittee Subs. Bill Conference C m. Draft 1 A. NORTHERN MARIANAS COLLEGE APPRENTICESHIP, VOCATIONAL & TRADE TRAINING PROGRAMS , , , ROTA YOUTH EMPLOYMENT TRAINING PROGRAM * * C. TINIAN YOUTH EMPLOYMENT TRAINING PROGRAM ,000 25, D. COHnERCE & LABOR ENFORCEMENT PROGRAM ,000 60, * TOTAL WON-RESIDENT UORKER FEE FUND 30 %w,739 $300,261 S750,OOO am GRAND TOTAL 2,932 %3,922,603 $38,767,497 S82,700,100 =PI=== =====PI==== =SIDII=PI=I 3==1==1=5== Section 202. Ca~ital Im~rovement Proiects. Notwithstanding the provisions of lcmc, Sections 7301 and 7302 to the contrary, the funds appropriated by the U.S. Government under Public Law for Capital Development Project for the CNMI are hereby reappropriated which shall be used and expended in accordance with the Special Representatives Agreement on future financial assistance, and the Grant Pledge Agreements between the Commonwealth and the U.S. Department of the Interior. Further, the use and expenditure of such funds shall be consistent with the approved CNMI Seven-Year Capital Development Plan and the respective Local Senatorial District Resolutions. The funds reappropriated for the Saipan Port development

11 PUBLIC LAW NO House Bill No , H.D.3 Conference Corn. Draft 1 shall be used and expended in accordance with the terms and conditions applicable thereto. a) Capital Development Funds...$ 25,150,OO b) Saipan Port Development Total Capital Development Funds...$ 35, CHAPTER I11 - BUDGET ADOPTION Section 301. Government Comorations. Pursuant to 1 CMC Section 7206, budget authority for the following Government Corporations are hereby adopted. Expenditure in excess of the budget authority adopted herein including FTE ceiling shall require prior concurrence of the Chairmen of the House Ways and Means Committee and the Senate Fiscal Affairs Committee. 1. cuc ACTIVITIES - FTE PERSONNEL OPERATIONS TOTAL 2. MVB 3. MIHA 4. MPLC 5. MPLT 6. CPA 7. CPA Section 302. Federal Financial Assistance Grant. Pursuant to 1 CMC, Section 7501, 7502 and 7503, the following federal financial assistance grants as contained in the Governor's budget submission are hereby adopted. Expenditure of these grant funds shall be in accordance with the terms and conditions, regulations, statutes and other grant requirements of the affected federal grantor agencies Page 11

12 PUBLIC LAW NO including applicable CNMI laws, rules and regulations. No Commonwealth official is authorized to obligate or expend funds for programs and activities in excess of the approved federal financial assistance without prior written approval from the affected grantor agency. Major change in program objectives must be concurred or approved by the affected federal grantor agency and a copy of such concurrence shall be provided to the Chairmen of the House Ways and Means Committee and the Senate Fiscal Affairs Committee. ACTIVITIES - FTE PERSONNEh OPERATIONS A) 1. Office of the Gov. 8 40, , Dept. of CCA ,900 4,731, Dept. of Public Works , Dept. of Commerce & Labor , Dept. of Public Safety 4 54, , Dept. of Pub. Health & Env , , Dept. of Natural Resources , , Sub-Total 152 $2,060,300 $6,517, B) Government Corporations : 222 3,227,400 2,866, Public School Systems ,418 1,122, Northern Marianas College ,295, Comm. Utilities Corp ,980, Mariana Is. ~ousing Auth , , Criminal Justice planning 2 47,606 22, NM State Occuptfl Info CC 5 67,424 82,576 TOTAL 357,400 5,567, ,500 25, ,000 1,432,OOO 535, $8,578, ,093,700 1,795,948 2,295,100 1,980,500 32O,OOO 70,000 l5o,ooo 7. Job Training Part. Act , , Coastal Res. Mgmt , $4,395,487 $ 8,822,161 $13,217,648

13 PUBLIC LAW NO Sub-Total Grand Total 432 $6,455,787 $15,339,861 $21,795, === _--- CHAPTER IV. DEFICIT muction Section 401. Reservation of Sumlus from Fiscal vears 1987 and Amendment No. 30 of the Commonwealth Constitution mandates liquidation of the CNM18s operations deficit. In the case of the operations deficit as of September 30, 1985 such deficit shall be retired in equal shares during the succeeding seven fiscal years. Operations deficit incurred after fiscal year 1985 shall be retired during the second consecutive fiscal year following the year in which incurred. In order to achieve compliance with this constitutional mandate, the legislature appropriated under Chapter 11, Section 201, item J (4), the sum of $291, as the initial funding on the CNMI deficit. It is the intent of the Sixth Northern Marianas legislature to continue to provide funds until the entire deficit is fully liquidated, even before the date required under the constitution. Accordingly, and subject to the completion of the ongoing audit for fiscal years 1987 and 1988, the surplus reported by the governor for fiscal years 1987 and 1988 of $802, and $11,463,000.00, respectively, are hereby reserved for the specific and limited purpose of deficit reduction. CHAPTER VI. ADMINISTRATION OF APPROPRIATED F'UNDS Section 601. ~dministrative Guidelines. Funds appropriated under Chapter I1 of this Act shall be distributed and allotted by the Planning and Budget ~ffairs Office in accordance with the expenditure Class Codes approved in the individual activities8 budget worksheets. 1 The funds appropriated shall be allotted at the beginning of

14 PUBLIC LAW NO House B ill No , H.D.3, each quarter to each budget activity at the rate not to exceed twenty-five percent (25%) of the amount appropriated. Consistent with the nature and need of each activity, the governor may approve a quarterly allotment in excess of the twenty-five percent (25%) authorized; provided, however, the total amount allotted during the quarter for all activities shall not exceed twenty-five percent (25%) of the total appropriation. Section 602. Buduet Worksheets. The detailed budget worksheets submitted by the governor, as modified on July 1, 1988, may be used only as a guide. The detailed budget worksheets incorporated in this Act are the basis for the funds appropriated and shall become be legal authority for the allotment and expenditure of funds. Unless otherwise provided in this Act, the funds appropriated shall be expended in compliance with the provisions of the planning and Budgeting Act of 1983, 1 CMC Section 7101, et. seq. The budget worksheets approved for all government corporations shall be expended in accordance with the budget worksheets incorporated herein and in accordance with the fiscal authority such agencies have pursuant to statute and the administrative provision of this Act. Section 603. Buduet Authoritv. The budget authority for the Legislature shall be vested in the Senate President and the Speaker of the House of Representatives, each with authority for his respective House. However, the authority to allocate and expend funds appropriated to the Minority in each House shall be vested in the ~inority Leader of each House. The President of the Senate and the Speaker of the House of Representatives shall allocate funds, each for his Page 14

15 PbBLIC LAW NO respective House, among the various members, and shall cause the establishment of allotment accounts over which the individual members shall have expenditure authority; provided, that each Minority Member of the House shall be allocated not more then $30, exclusive of member's salary. Funds for the Legislative Bureau shall be allocated pursuant to a Memorandum of Understanding between the President of the Senate and the Speaker of the House of Representatives. Section 604. Manaaement of Funds. The Director of Finance shall regulate and control the expenditure of public funds so that no branch, department, or division expends or obligates more funds than are appropriated and allocated by this Act, and further, so that no branch, department or activity may expend appropriated funds contrary to law or fiscal management policies and practices. Section 605. Expenditure of Appropriated Funds. The Funds appropriated under Chapter I1 of this act shall be expended by the expenditure authority provided in 1 CMC Section 7401(A) through (M), inclusive, except as provided below. a) For the First and Second Senatorial Districts, the Chairman of the respective Municipal Council shall have the expenditure authority for appropriations for the office of the Municipal Council. All other appropriations shall be expended under the authority of the Mayor of the respective Senatorial District. b) For the Public System, expenditure authority shall rest with the Board of Education or its designee. c) For the Northern Marianas College, expenditure Page 15

16 PUBLIC WW NO authority shall rest with the Board of Regents or its designee. d) For the Land Commission Agency, expenditure authority shall rest with the Senior Land Commissioner or is designee. e) For the Covenant Section 902 Talks, the Lieutenant Governor shall have the expenditure authority. f) For the Ground Management and Protection Act Fund, the Chief of the Division of Environmental Quality shall have the expenditure authority. g) Funds appropriated for the Commonwealth Health Center of the Department of Public Health and Environmental Services for Medical Referral and Supplies and Operations is centralized and available for Commonwealth-wide expenditures. Funds for one Physician each for Rota and Tinian is reserved and shall be available to each Senatorial District. h) For projects on K) 1 through 8, the Chief of the Division of Parks and Recreation; For projects K) 9 and 10, the Chairman of the Rota Legislative Delegation and projects K) 11 and 12, the Chairman of the Board of Education shall have the expenditure authorities. Section 606. Re~roarammina of Funds. Reprogramming of funds appropriated under this act shall be in accordance with lcmc, Section 7402 except as follows: a) ~eprogramming is not authorized on funds appropriated under Chapter 11, Section 201, item K. Funds appropriated in this line item shall remain Page 16

17 PUBLIC LAW NO available until fully expended. b) Reprogramming is not authorized on funds appropriated under expenditure class codes 4219, 4405, 4406, 4430, 4431, 4440, 4450, 4451, 4535, and any other expenditure line item included in the detailed budget worksheets and not assigned specific class codes. Section 607. La~sed AwDroDriations. Funds appropriated under this act shall revert to the General Fund except as follows: a) Lapsed funds appropriated for salaries for new positions in the First Senatorial District shall be earmarked for the construction of the Rota Community Complex Building and shall remain available until fully expended. b) Other funds appropriated for new positions not filled within ninety days (90) from the effective date of this act shall revert to the General Fund. c) Funds appropriated for other categories and not obligated as of September 30, 1989 shall revert to the General Fund. Section 608. ~ontinuina Resolution. If the annual Appropriation Act(s) for the subsequent fiscal year is not enacted into law prior to the beginning of such fiscal year, the appropriation levels, criminal penalties, and administrative provisions for government operations and obligations provided under this act shall continue to apply. With respect to the appropriation amounts, the funds appropriated under expenditure class codes 4405, 4406, 4430, 4431, 4440, 4450, 4451, 4535, and any other expenditure line item included in the Page 17

18 PUBLIC LAW NO detailed budget worksheets and not assigned specific class codes shall not be subject to continuing resolution. Section 609. New Positiong. New positions approved and funded under Chapter I1 of this Act'shall not be filled earlier than April 24, Section 610. Salarv Adjustment. Subject to final approval of S.B , the funds appropriated under Chapter 11, Section 201, item J (3) for salary adjustment shall not be expended before April 24, Funds not used for salary adjustment pursuant to the enactment of S.B shall revert to the General Fund and reserved for deficit reduction. Section 611. Criminal Penalties. The criminal penalties set forth in the Planning and Budgeting Act of 1983, as amended (1 CMC Section 7701 et seq.), shall apply to this Act. Section 612. Severabilitv. If any provision of this Act is held invalid by a court of competent jurisdiction, the remainder of this Act shall not be affected thereby. Section 613. Effective Date. This Act shall take effect upon its approval by the Governor or upon its becoming law without such approval. Attest : Speaker of the House Page 18

19 ?UBLIC LAW NO Governor / Commonwealth of the Northern Mariana Islands Page 19