COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS

Transcription

1 COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS Benign R. Fitial Gvernr Ely S. Ins Lieutenant Gvernr Hnrable Elice "Eli" D. Cabrera Speaker, Huse f Representatives Seventeenth Nrthern Marianas Cmmnwealth Legislature Saipan, MP Hnrable Paul A. Manglna President, The Senate Seventeenth Nrthern Marianas Cmmnwealth Legislature Saipan, MP Dear Mr. Speaker and Mr. President: This is t infrm yu that I have signed int law Huse Bill N , HD1, entitled, "T establish a Nrthern Marianas Descent Registry within the Office f the Cmmnwealth Electin Cmmissin." The bill was passed by the Seventeenth Nrthern Marianas Cmmnwealth Legislature. This bill becmes Public Law N Cpies bearing my signature are frwarded fr yur reference. Sincerely, cc: Lt. Gvernr, Attrney General, Cmmnwealth Electin Cmmissin, Department f Finance, Department f Public Lands, Mayrs, Department f Public Health and Envirnmental Services, CNMI Superir Curt, Cmmnwealth's Law Revisin Cmmissin, Special Assistant fr Prgrams and Legislative Review Caller Bx Saipan, MP Telephne: (670) Facsimile: (670)

2 Public Law N SewntemtJi Legislature tiftfi' C~ftli f tne Nrtfiern :Jlarianil IslandS IN THE HOUSE OF REPRESENTATIVES First Regular Sessin March 31, 2010 Representative Felicidad T. Ogumr, f Saipan, Precinct 3 (fr herself, Representatives Ramn S. Basa, Trentn B. Cnner, Rafael S. Demapan, Sylvestre I. Iguel, Stanley T. McGinnis-Trres, and Edmund S. Villagmez) in an pen and public meeting with an pprtunity fr the public t cmment, intrduced the fllwing Bill: B. B AN ACT TO ESTABUSH A NORTHERN JUIlUNAS DESCENT UGISTBY WITHIN me OFFICE OF THE COMMOInflLUTH ELECTION COMMISSION. The Bill was referred t the Huse Cmmittee n Health and Welfare, which submitted Standing Cmmittee Reprt 17-23, adpted by the Huse n July 22, THE BILL WAS PASSED BY THE HOUSE OF REPRESENTATIVES ON FIRST AND FINAL READING, JULY 22, 2010; with amendments in the frm fh. B , HD1 and transmitted t the me SENATE. The Bill was referred t the Senate Cmmittee n Resurces, Ecnmic Develpment and Prgrams, which submitted Standing Cmmittee Reprt 17-26, adpted by the Senate n December 30, THE BILL WAS PASSED BY THE SENATE ON FIRST AND FINAL READING, MARCH 4, 2011; withut amendments. H. B , HDI WAS RETURNED TO THE HOUSE OF REPRESENTATIVES ON MARCH 8, 2011.

3 Public Law N Se:venteentli eaisfature ftlie Cmtl101rWCaftli f tlie 1lrtlinn 9Ilariana Isli.uufs IN THE HOUSE OF REPRESENTATIVES FIRST DAY, SIXTH SPECIAL SESSION JULY 22, 2010 B. B ,. DDI AN ACT TO ESTABUSH A. NORTHERN JUBIANAS DESCENT REGISmy WITHIN THE OFFICE OF THE COMMONWEALTH ELECTION COMMISSION. Be it enacted by the Seventeenth Nrthern Marianas Cmmnwealth Legislature: I Sectin 1. Findings and Purpses: The Legislature finds that Article 2 XII, 1 f the Nrthern Mariana Islands Cnstitutin ("Cnstitutin") restricted 3 the acquisitin f permanent and lng term interests in real prperty within the 4 Cmmnwealth t persns f Nrthern Marianas descent, as defined in 4 fthe 5 said Article. 6 The Legislature further finds that Cvenant 805 (a) prvides that after 7 25 years frm the terminatin f the Trusteeship Agreement, and may thereafter, 8 the peple f the Nrthern Mariana Islands will regulate the alienatin f 9 permanent and lng-term interest in real prperty; etc. This said prvisin was incrprated in Article XII f the Cnstitutin, which was adpted withut any

4 Public Law N HOUSE BILL 17-57, HD1 1 time limitatin by the peple f the Nrthern Mariana Islands, in accrdance with 2 Article I, 103 f the Cvenant. 3 The Legislature further finds that the natural persns f Chamrr and 4 Carlinian descent were ften referred t and knwn as: "the peple f the 5 Nrthern Mariana Islands" by the Administering Authrity, which was the United 6 States f America, and by the United Natins. That it was the Chamrr and 7 Carlinian peple that negtiated and vted fr the Cvenant, which established 8 the Cmmnwealth f the Nrthern Mariana Islands in plitical unin with the 9 United States f America. The Legislature further finds that Article XVIII, 5 f the Cnstitutin was amended by Senate Legislative Initiative N (S.L.I. NO. 11-1) t 2 prvide that nly persns f Nrthern Marianas descent can vte n cnstitutinal 3 amendments affecting the prtectins against alienatin f land. And, the fact 4 that Cvenant 805 in part stated that, ''the Gvernment f the Nrthern Mariana 5 Islands, in view f the imprtance f the wnership f land fr the culture and 6 traditin f the peple f the Nrthern Mariana Islands, and in rder t prtect 7 them against explitatin and t prmte their ecnmic advancement and self- 8 sufficiency," by this direct mentined f "the peple f the Nrthern Mariana 9 Islands", is clearly referring t persns f Nrthern Marianas Chamrr and Carlinian descent wh negtiated and vted fr the Cvenant. The Legislature 1 agrees; and, therefre, supprts that "nly" persns f Nrthern Marianas descent 2

5 Public Law N HOUSE BILL 17-57, HDI 1 can vte n Cnstitutinal amendments affecting the prtectin against alienatin 2 f lands. 3 The Legislature further finds that the Department f Public Lands, at ne 4 time, was registering persns wh are f Nrthern Marianas descent and later 5 discntinued ding it. And lately, in preparatin fr the pssibility that the peple 6 f the Nrthern Mariana Islands may decide t exercise the prvisin f Cvenant (a), and with the ratificatin f S.L.I. NO. 11-1, the Cmmnwealth 8 Electin Cmmissin (CEC) started t register persns wh are f Nrthern 9 Marianas descent. CEC initiated such registry withut any statutry authrity; and as such, it may be discntinued als. With the abve cncerns, the 1 Legislature finds it necessary t mandate the establishment and cntrl f the 2 registry f persns f Nrthern Marianas descent within the Office f the 3 Cmmnwealth Electin Cmmissin. 4 Sectin 2. Establishment f a Nrthern Marianas Descent Registry: 5 There is hereby established within the Office f the Cmmnwealth Electin 6 Cmmissin a Nrthern Marianas Descent Registry (NMDR) fr the purpse f 7 maintaining fficial listings and recrds f persns f Nrthern Marianas descent, 8 and thers as may be allwed r required pursuant t this Act. Such registry shall 9 prduce the Official Nrthern Marianas Descent Identificatin Card (ONMDIC) that will be issued nly t persns wh are qualified pursuant t Article XII, 4 1 f the Nrthern Mariana Islands Cnstitutin. 3

6 Public Law N HOUSE BILL 17-S7,HDI I (a) In accrdance with this Act, the NMDR is the nly ne authrized t 2 be established in the Cmmnwealth. There shall be n ther gvernment 3 department, agency r its instrumentalities, including the Offices f the Mayrs f 4 Rta, Tinian and Aguiguan, Saipan, and the islands Nrth f Saipan allwed r 5 authrized t establish within their respective ffices registry f persns f 6 Nrthern Marianas descent. 7 (b) The Cmmnwealth Electin Cmmissin shall designate its 8 Executive Directr t manage the registry and activities f the NMDR. 9 (c) Ntwithstanding any established Cmmnwealth f the Nrthern Mariana Islands residents' registry within CEC, the NMDR shall be a separate 1 registry in and by itself fr the stated purpses as set-frth belw. 2 (1) CEC shall use nly the NMDR as the fficial registry f 3 persns f Nrthern Marianas descent in any and all electins, 4 i.e. Senatrial District Electin r Cmmnwealth General Electins r 5 Federal Electin r Special Electin that requires nly persns f Nrthern 6 Marianas descent t vte in such electin pursuant t the said Article 7 XVIII, 5 f the Nrthern Mariana Islands Cnstitutin, and as it may be 8 required by ther lcal r federal laws, and fr ther purpses as may be 9 needed r required. (2) The Marianas Public Land Authrity (MPLA) r its 1 successrs, nw, the Department f Public Lands (DPL), upn this Act 4

7 Public Law N HOUSE BILL 17-57, HDt I becming law, shall cmpletely cease its registry f persns f Nrthern Marianas descent. (3) CEC shall nt attempt t use, acknwledge, recgnize, btain r accept any registry f persns f Nrthern Marianas descent frm DPL r frm any ther surces within the Cmmnwealth Gvernment, including the Offices f the Mayrs f Rta, Tinian and Aguiguan, Saipan, and the islands nrth f Saipan hlding such registry r recrds. (4) N persn hlding any frm f Nrthern Marianas Descent Identificatin Card issued by MPLA r its successrs r frm any ther surces shall be allwed t use such Identificatin Card fr the stated purpse prvided under this Act (5) CEC shall adpt a system in registering persns f Nrthern Marianas descent in rder t prperly and accurately identify that the persn registering is a natural persn f Nrthern Marianas descent. In this case, CEC may require the Cmmnwealth Health Center (CHC) t prvide a cpy f the riginal birth recrd shwing the natural parents r ancestrs f the persn registering. Such birth recrd shall identify the natinality and race f the parents, Le. NMD Chamrr r Carlinian r part NMD, etc. And if necessary, CEC may btain such recrds frm the CNMI Superir Curt r in archives, such as the Cathlic Church r thers, wh may be keeping such recrd r infrmatin. 5

8 Public Law N HOUSE BILL 17-57, HD1 (6) CHC and the CNMI Superir Curt, upn receipt frm CEC a request fr a cpy f riginal birth recrd f the individual persn registering, shall prmptly prduce and prvide it t CEC withut cst. Sectin 3. Official Nrthern Marianas Descent Identificatin Card 5 (ONMDIC): CEC shall design the Official Nrthern Marianas Descent 6 Identificatin Card (ONMDIC), which shall be apprved by the Gvernr, the 7 Presiding Officers f the Legislature, and the Mayrs f the respective Senatrial 8 Districts in the Cmmnwealth. The ONMDIC shall have with it the prtectin 9 needed t avid and prevent it frm duplicatin, fabricatin, frgery, cunterfeiting, identity theft, scams and ther illegal activities. (a) The ONMDIC shall be the Official Identificatin Card f persns 2 f Nrthern Marianas descent in the Cmmnwealth, and it shall be issued nly t 3 persns wh meet the requirements f Article XII, 4 f the Nrthern Mariana 4 Islands Cnstitutin, and shall be used nly in accrdance with the applicable 5 prvisins f this Act. 6 (b) The ONMDIC may be required by the Department f Public Lands 7 t ensure that the individual persn applying fr village r agricultural hmestead 8 in the Cmmnwealth is a persn f Nrthern Marianas descent; and if the 9 applicant, upn the request by DPL, fails t shw r des nt have the said identificatin card, DPL may request the Cmmnwealth Electin Cmmissin t I verify r certify that the applicant is a persn f Nrthern Marianas descent 6

9 Public Law N HOUSE BILL 17-57, HDI 1 pursuant t Article XII, 4 f the Nrthern Mariana Islands Cnstitutin. CEC 2 shall furnish such certificatin card withut hesitatin when available t DPL. 3 (c) At any time as it may be deemed necessary and required by any 4 department r agency f the Cmmnwealth Gvernment, including the Office f 5 the Mayrs, the Federal Gvernment and/r its agencies, r the private sectrs fr 6 the purpse f establishing the identity f the individual persn fr any legitimate 7 reasn, the ONMDIC shall be shwn by its rightful hlder. 8 Sectin 4. Registratin: Upn this Act becming Law and in 9 accrdance with this Act, the Cmmnwealth Electin Cmmissin shall begin the registratin f persns f Nrthern Marianas descent in all the villages n I Saipan, the islands nrth f Saipan, Tinian and Aguiguan, and Rta. The 2 Cmmnwealth Electin Cmmissin may cnduct such registratin in the said 3 villages as ften as it may be required. 4 (a) The CEC shall diligently wrk tward the successful 5 implementatin f this Act by ensuring that its intent and purpse is well 6 disseminated and annunced thrughut the Cmmnwealth, urging all persn t 7 register wh qualify pursuant t Article XII, 4 f the Nrthern Mariana Islands 8 Cnstitutin. 9 (b) The CEC shall nt deny any individual persn wh meets the requirements f Article XII, 4 f the Nrthern Mariana Islands Cnstitutin t 1 register. Hwever, if the individual persn is a cnvicted feln, the applicable 7

10 Public Law N HOUSE BILL 17-57, HDI 1 prvisins f lcal r federal laws shall apply when it cmes t vting in any 2 regular r special electins. 3 If a registratin clerk administering an ath has any questin regarding the 4 prpriety f an affidavit f registratin, the clerk shall frward the affidavit t the 5 Cmmissin fr final decisin as t its prpriety. In case f a questinable 6 affidavit regarding the qualificatin(s) f the individual, the Cmmissin shall 7 cnduct a frmal r infrmal hearing t determine the crrect facts. The registrant 8 has the right t present evidence t the Cmmissin regarding his r her 9 qualificatins t register as a persn f Nrthern Marianas Descent. Any individual persn, wh is denied t be registered by the Cmmnwealth Electin 1 Cmmissin, may appeal the decisin t the members f the Cmmnwealth 2 Electin Cmmissin thirty days upn the receipt f such denial. The members f 3 CEC, upn the receipt f the appeal, shall, within frty-five days and n later than 4 sixty days, schedule a hearing t allw the individual persn t present his r her 5 ral r written argument, with supprting dcuments, if required, cntesting such 6 a denial. After the said hearing, the members f the CEC find that the decisin t 7 deny the individual persn t be registered stands, the appellant must be ntified 8 in writing explaining the reasn fr such actin. The individual persn may seek 9 judicial review f such decisin under the Administrative Prcedures Act. Sectin 5. Rules & Regulatin: CEC may prmulgate the necessary 1 rules and regulatins t carry ut the purpse and intent f this Act. 8

11 Public Law N HOUSE BILL 17-57, HDI I Sectin 6. Severability. If any prvisins f this Act r the applicatin 2 f any such prvisin t any persn r circumstance shuld be held invalid by a 3 curt f cmpetent jurisdictin, the remainder f this Act r the applicatin f its 4 prvisins t persns r circumstances ther than thse t which it is held invalid 5 shall nt be affected thereby. 6 Sectin 7. Savings Clause. This Act and any repealer cntained herein 7 shall nt be cnstrued as affecting any existing right acquired under cntract r 8 acquired under statutes repealed r under any rule, regulatin r rder adpted 9 under the statutes. Repealers cntained in this Act shall nt affect any prceeding instituted under r pursuant t prir law. The enactment f the Act shall nt have 1 the effect f terminating, r in any way mdifying, any liability, civil r criminal, 2 which shall already be in existence n the date this Act, becmes effective. 9

12 Public Law N HOUSE BILL 17-57, HDI 1 Sectin 8. Effective Date. This Act shall take effect upn its apprval by 2 the Gvernr, r its becming law withut such apprval. Attested t by: c Linda B. Muiia, Huse Clerk Certified by: this;;:jf [f dayof_lf_f_i._'l '2011 Gvernr Cmmnwealth /the Nrthern Mariana Islands 10