COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS

Transcription

1 COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS Benigno R. Fitial Governor Eloy s. Inos Lt. Governor Honorable Felicidad T. Ogumoro Acting Speaker, House of Representatives Seventeenth Northern Marianas Commonwealth Legislature Saipan, MP Honorable Paw A. Manglona President, The Senate Seventeenth Northern Marianas Commonwealth Legislature Saipan, MP %950 Dear Acting Speaker Ogumoro and President Manglona: This is to infonn you that I have signed into law House Bill No. 17-1, entitled, "To repeal 8 CMC Sections 1723 and 1741 thru 1744 and to require the transfer of pertinent documents from the Clerk of Court's Office to the Health and Vital Statistics Office; and for other purposes," which was passed by the Seventeenth Northern Marianas Commonwealth Legislature. This bill becomes Public Law No Copies bearing my signature are forwarded for your reference. cc: Lt. Governor Attorney General Supreme Court Superior Court Commonwealth Healthcare Corporation Commonwealth Law Revision Commission Special Assistant for Programs and Legislative Review Caller BOl{ Saipan, MP Telephone: (670) Facsimile: (670)

2 'Ilie J-{ouse of!rs-presentatives NORTHERN MARIANAS COMMONWEALTH LEGISLATURE P.O. Box Saipan, MP May 14, 2012 The Honorable Benigno R. Fitial Governor Commonwealth of the Northern.Mari~a Islands Capitol Hill Saipan, MP Dear Governor Fitia1: I have the honor of transmitting herewith for your action H. B. 17-1, entitled: "To repeal 8 CMC 1723 and 1741 thru 1744 and to require the transfer of pertinent documents from the Clerk of Court's Office to the Health and Vital Statistics Office; and for other purposes.", which was passed by the House of Representatives and the Senate of the Seventeenth Northern Marianas Commonwealth Legislature. Sincerely yours, ~ Linda B. Mufia House Clerk Attachment

3 Seventeentfi Lt[[isfature ojtfie Commonwea{tfi oj tfit :Nortfiem :Mariana Isfanefs IN THE HOUSE OF REPRESENTATIVES First Regular Session January 28,2010 Representative Ramon A. Tebuteb. of Saipan, Precinct 3 (for himself, Representatives Diego T. Benavente, Eliceo D. Cabrera, Joseph P. Deleon Guerrero, and Antonio P. Sablan) in an open and public meeting with an oppoltunity for the public to comment, introduced the following Bill: B. B AN ACT TO REPEAL 8 CHC AND 1741 THRU 1744 AND TO REOUIRE THE TRANS"R OF PERTINENT DOCUHDTS noh THE CLERK. OF COURT'S OFFICE TO THE HEALTH AND VITAL STATISTICS OFFICE; AND FOR OTHER PURPOSES. The Bill was referred to the House Committee on judiciary and Governmental Operations, and was placed on the Bill Calendar on June II, 20 I O. THE BILL WAS PASSED BY THE HOUSE OF REPRESENT A TIVES ON FIRST AND FINAL READING, JUNE 25, 2010; without amendments and transmitted to the THE SENATE. The Bill was referred to the Senate Committee on Judiciary, Government, and law, and was placed on the Bill Calendar. THE BILL WAS PASSED BY THE SENATE ON FIRST AND FINAL READING, MAY 1,2012; without amendments. H, B WAS RETURNED TO THE HOUSE OF REPRESENTATIVES ON MA Y 2, THE BILL WAS FINALLY PASSED ON JUNE 25, 2010 Linda B. Muila, House Clerk

4 : I Se-venteentli LelJisfature ojtlie Commonweaftli of tlie!nortliern 'J\1ariana Isfamfs IN THE HOUSE OF REPRESENTATIVES 3'd Day, Fourth Special Session June 25, 2010 D. B AN ACT TO REPEAL 8 CHC H 17Z3 ANI) 1741 THRU 1744 AND TO BEOUiBE THE TRANSFER OF PERTINENT DOCUJIENTS FROH THE CLERK OF COURT'S OFFICE TO THE HEALTH AND VITAL STATISTICS OFFICE; AND FOR OTHER PURPOSES. Be it enacted by the Seventeenth Northern Marianas Commonwealth Legislature: I Section 1. Findings and Purpose. The Legislature finds that the Birth 2 Records Amendment Act of 1983, Public Law 3-83 coditied under 8 CMC thru 1744, was enacted to establish procedures for amending birth 4 records of a child by affidavit. Under this Act, the Clerk of Court was given the 5 responsibility to establish such procedures for the filing and acceptance of 6 applications and affidavits, make appropriate changes to all pertinent records, and 7 issue new birth certificates. 8 Additionally, Public Law 4-38, the Uniform Parentage Act, also granted 9 the clerk of court's office the responsibility to prepare new certificates of birth

5 HOUSE BILL 17-1 consistent with the findings of the court and to substitute the new certificates for 2 the original certificates of birth upon order of a court of the Commonwealth or 3 upon request of a court of another jurisdiction. 4 The Legislature further finds that Public Law 15-50, the Vital Statistics 5 Act of 2006, established within the Department of Public Health a Health and 6 Vital Statistics Office in order to standardize and promote uniformity in the 7 collection of health and vital statistics to that of the national level. Under this Act, 8 the Health and Vital Statistics Office is tasked, among other duties, to install, 9 maintain and operate a system of vital statistics which includes all records o pertaining to live births such as birth registrations, issuances of birth certificates and issuances of new birth certificates after adoption, legitimation, court 2 determination of paternity or paternity acknowledgement. Although this Act 3 contained provisions for the proper forwarding of court orders and adoption 4 decrees from the courts to the Health and Vital Statistics Office, it inadvertently 5 did not include repealers for the existing statutes. Additionally, the transfer of 6 records from the clerk of court's office to the Health and Vital Statistics Office 7 was not included, It is, therefore, the purpose of this Act to repeal 8 CMC and 1741 thru 1744 and to require the transfer of records from Clerk of Court's 9 Office to the Health and Vital Statistics Office. o Section 2. Repealer, 8 CMC 1723 and 1741 thru 1744 are hereby 1 repealed in their entirety. 2

6 HOUSE BILL 17-1 I Section 3. Transfer of Documents to the Health and Vital Statistics 2 Office. The clerk of court's office shall transfer to the Health and Vital Statistics 3 Office all documents and records pertaining to birth registrations and issuances of 4 birth certificates within their possession as have previously been recorded but 5 which hereafter shall be recorded with the Health and Vital Statistics Office. 6 Section 4. Severability. If any provision of this Act or the application of 7 any such provision to any person or circumstance should be held invalid by a 8 court of competent jurisdiction, the remainder of this Act or the application of its 9 provisions to persons or circumstances other than those to which it is held invalid o shall not be affected thereby. I Section 5. Savings Clause. This Act and any repealer contained herein 2 shall not be construed as affecting any existing right acquired under contract or 3 acquired under statutes repealed or under any rule, regulation or order adopted 4 under the statutes. Repealers contained in this Act shall not affect any proceeding 5 instituted under or pursuant to prior law. The enactment of the Act shall not have 6 the effect of terminating, or in any way modifying, any liability, civil or eriminal, 7 which shall already be in existence on the date this Act becomes effective. 3

7 HOUSE BILL Section 6. Effective Date. This Act shall take effect upon its 2 approval by the Governor or becoming law without such approval. Attested to by: Linda B. Mufta, House Clerk Certified by: SPE~ ~~ "ELI" D. CAi11iERA House of Representatives 17'h Northern Marianas Commonwealth Legislature 0_ ~(./b {),r.r_,)<., 2012 Governor Commonwealth of the Northern Mariana l~lands 4