CHAeTER I. AND PURPOSE.

Transcription

1 SIXTH NORTHERN MARIANAS COMMONWEALTH LEGISLA'f'URE H.B. NO H-D.2, S.D.2, C.D.1 sixm SPECIAL SESSION, 1988 AN ACT To.make appropriations for certaln operations and p.ersonnel of the Government of.the Commonwealth of the'~orthern Mariana Islands for the Fiscal Year ending September 30, 1988, and to identify resources available for appropriations in' F'Y '88; and for other purposes. BE IT ENACTED BY THE.SIXTH NO- MARIAN- COMMONWEALTH'LEGISLATURE CHAeTER I. AND PURPOSE. Section 101. Short Title. This Act hay be cited as the "Government Partial Operations and Personnel Appropriations Act of 1988." Section 102. Purpose. This Act appropriates funds from local sources, such as the General Fund and from federal sources, for the operations and activities of the departments, agencies, and instrumentalities of the Government of the Northern Mariana Islands for Fiscal Year 1988, commencing October 1, 1987 and extending through September 30, Section 103. Definitions. As used in this act: (a) nexecutive Branchn - For Budget and ~ppropriation purposes, Executive Branch means the ~xecutive Branch of the government of the Commonwealth of the Northern Mariana Islands and shall include the following Governmental agencies, activities, and principal departments: (1) Office of the Governor (2) Office of the Lieutenant Governor (3) Office of the Attorney General (4) Office of the Public Defender (5) Department of Community and Cultural Affairs (6) Department of public Works

2 H.B. NO H.D.2, S.D.2, C.D.1 (7) Department of Commerce and Labor (8) Department of Public Safety (9) Department of Finance (10) Department of Public Health and Environmental services (11) Department of Natural Resources (b) "First Senatorial Districtw - For budget and appropriation purposes, First senatorial District means the senatorial district of Rota which includes the Offices of the Resident Department Heads and the following governmental agencies and other offices: (1) Office of the Mayor (2) Office of the Municipal Council (3) Office of the Resident Department Heads and its established Offices: (a) Office of the Attorney General (IIIUaigrati~n) (b) Department of community and Cultural Affairs (c) Department of Natural Resources (d) Department of Commerce and Labor (e) Department of public Safety (f) Department of Finance (g) Department of public Health and Environmental Services (h) Department of Public Works (c) "Government Corporation, ~uasi-public Entity or CommissionM - For budget and appropriation purposes, Government Corporation; Quasi-Public Entity, or Commission means Page 2

3 H.B, NO H.D.2, S.D.2, C.D.1 a governmental agency or instrumentality incorporated or established pursuant to Commonwealth law which includes the following agencies and instrumentalities: Alcoholic and Beverage Control Board Board of Elections Civil Service Commission Land Commission Board. of Parole Boara of Professional Licensing Mariana Islands Housing Authority Commonwealth Development Authority Commonwealth Ports Authority (10) Marianas Visitors Bureau (11) Board of Nursing Licensing (12) Commonwealth Utility Corporation (13) Marianas Public Land corporation (14). Marianas Public Land Trust (15) Northern Marianas Retirement Fund (16) Task Force on Income and Sales i ax at ion, Business Incentives (17) U.N. Trusteeship ~ermination Task Force (18) Law Revision Commission (19) Northern Marianas Amateur Sports Association (20) Public School System (d) "Independent Programsw - For budget and appropriation purposes, Independent Programs means those non-profit corporations and associations or organizations Page 3

4 H.B. NO H.D.2, S.D.2, C.D.l established outside of the government of the Commonwealth of the Northern Mariana Islands in which the Commonwealth Government provides financial subsidies Federal Emergency Management Act American War Memorial Park National Governors Association Pacific Basin Development Corporation South Pacific Commission East West Center Marianas Bound (Catholic Social Services) American Red Cross NMI Chapter Micronesian Legal Services Corporation CNMI Nurses Association Agricultural Fair (e) "Local FundsBB means locally generated revenues and revenues received pursuant to Section 702 of the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America. (f) "Operationsn means appropriations for all lawful activities other than personnel. (g) "Personnelmm means appropriations for the base salaries, employer's contribution to the Northern Marianas Retirement Fund, overtime, night differential, hazardous pay and other employee benefits. Page 4

5 1 (h) "~osition~ means an employment position 2 in which orly one person can be employed. 3 (i) "Second Senatoria.1 Districtn - For. budget and 4 appropriation purposes, Second Senatorial District 5 means the senatorial district of Tinian which includes the 6 offices of :he Resident Department Heads and the following 7 governmentzl offices: 8!11 Office of the Mayor 9 ( 2 ) Of f.ice of the' Municipal Council 10 3 ) Office of the Resident Department Heads and its established offices: (a) Office of the Attorney General (Immigration) (b) Department of Community and Cultural Affairs (c) Department of Natural Resources (d) Department of Commerce and Labor 16 (e) Department of Public Safety 17 (f) Department of Finance 18 (g) Department of Public Health and Environmental 19 Services 2 0 (h) Department of.public Works 2 1 Section 104. Estimated Revenues. ~otwithstanding 22 the provisions of 1 CMC Section 7201(d), the Legislature hereby 23 adopts the following as revenue projections for fiscal year These estimated revenues are increased by $8.918 million over those 25 previously identified by House Concurrent Resolution No This 26 revised additional revenue identification is in compliance with the 27 Governor's authority under Amendment No. 14 to the commonwealth

6 PUBLIC IAN NO. 6-5 H.B. NO H.D.2, S.D.2, C.D.l constitution. (A) Internal Revenues... $61,744,400 (B) Covenant Funds, Operations... $16,360,000 Total General Revenues $78,lO4,4OO Less: PL No ,181,700 PL No ,300 PL No ,932,000 PL No ,100 PL No Estimated Revenues Subject to Appropriation. $47,300,400 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 $47,300, The total sum appropriated in this Act and allocated to the Public School System shall be identified as Covenant Operations Funds. The balance of Covenant Operations Funds not appropriated and allocated to the Public School System, $3,959,500.00, is appropriated and allocated to the Public Health and Environmental Services (Saipan only), as set forth in Public Law No. 6-3, Section 201. CHAPTER 11. ITEMS OF APPROPRIATIONS. Section 201. Summarv ADpro~riations. The following sums are appropriated as local funds from the General Fund, unless otherwise indicated, and as Covenant Section 702 funds for the following agencies and instrumentalities of the Government of the Northern Mariana Islands: Page 6

7 H.B. NO H.D.2,' S-D.2, C.D. 1 ( p j Dollars in Thousands) Pursuant to Section 30i(b) of this ~ct, the appropriation worksheet shall govern the expenditures of all funds srimmariied in tdis section'including the ceiling on positions. SUMMARY OF A-ATIONS POSITIONS PERSONNEL OPERATIONS TOTAL a. Exec. Branch 611 $10,173.0 $5, $16,138.9 b. Public. Auditor i c. Civil Sew. Com I, , 1,592.7 d. Public Safety 181 2, ,108.4 e. Soil & Water Con f. Fish & Wildlife g. Dept. of Education 677 9, , ,400.5 h. NM College 51 * 1,159.9 * 1, ,233.7 i. MPLC 12 * * 3, ,811.2 j. CDA 15 * * ,093.9 k. 1st Sen. Dist. - Rt , , nd Sen. Dist. - Tn , ,797.4 m. Mayor - North Is n. Mayor - Saipan ,376.8 o. C.K./Susupe Park p. Indep. Programs , ,204.0 q- CVC , ,000.0 r. senior cit. ctr.- Spn s. Const. & Other Proj t. Land Comm Page 7

8 PUBLIC L?W.NO. 6-5 H.B. NO H.D.2, S.D.2, C.D.l Sub-Total 2,096 31, ,380.0 $55,119.1 Less Non-Add Items * 2, , ,818.7 Total Appropriation $29,137.4 $ 18,163.0 $47, CHAPTER 111. ADMINISTRATION OF APPROPRIATED FUNDS. Section 301. Lesislative Intent Resardins Administrative Provisions. It is the intent of the Sixth Northern Mariana Islands Commonwealth Legislature that the administrative provisions as set forth in this Act shall not be subject to item veto by the Governor pursuant to Article 11, Section 7(a) of the Constitution of the Northern Mariana Islands, as amended. (a) Administrative Guidelines. The appropriations as specified in the appropriation worksheets for the Executive Branch, and the First and Second Senatorial Districts shall be distributed and allotted quarterly to each respective principal department, its divisions, and its instrumentalities setting forth the Governor's and the Mayors' offices priorities, respectively, whose offices are not specifically provided with an appropriation worksheet. The distribution of funds to an Executive Branch agency whose office is not specifically provided with an appropriation worksheet is not a reprogramming action; and furthermore, not providing an appropriation worksheet to each department, agency, activity, or division is not to be construed as a zero funded account. The detailed budget worksheets, schedules, and tables submitted by the Governor, as modified on June 30, 1987, shall be used only Page 8

9 H.B. NO H.D.2, S.D.2, C.D.1 as a guideline, subject to the requirements of Section 201 and 301 (b) of this ~ct, by those public officers granted authority to expend ~ublic funds and shpll provide legal authority for the allotment of funds appropriated by this Act, subject to the position levels, appropriation figures and administrative provisions of this Act. (b) Foenditure of A~~rovriated Funds. The funds appropriated by this Act shall be expended in accordance with the appropriation worksheet snbject to and in-compliance with the provisions of the Planning and Budgeting Act of 1983, 1 cmc section 7101 et sea., except as otherwise provided in this Act and as follows: (1) Pursuant to 1 CMC Section 7402 (c) (3), no funds appropriated in this Act for a purpose other than for personnel may be reprogrammed to personnel. (2) The appropriations for independent programs and public corporations shall be expended in accordance with the appropriation worksheets herein and as in accordance with the fiscal authority such agencies have pursuant to statute and the administrative provisions of this Act. (3) Fiscal Management. The ~irector of Finance shall regulate and control the expenditure of public funds so that no branch, department, nor division expends nor obligates more funds than is appropriated and allocated by this Act. Page 9

10 PUBLIC LPIW.NO. G-5 H.B. NO H.D.2, S.D.2, C.D.l - - (4) In the case of the ~irst Senatorial District (Rota), funds appropriated for the activities of the Municipal Council shall be expended under the authority of the Chairman of the Council. All other appropriations for government programs and public services shall be expended under the authority of the Mayor, who shall also exercise statutory reprogramming power, except that all such expenditures shall be, with regard to amount and purpose, in accordance with the detailed budget worksheets, schedules, and tables submitted by the Governor, as amended on June 30, 1987, and as further amended by this Act. (5) In the case of the Second Senatorial District (Tinian), expenditure authority for those funds appropriated to the office of the Mayor shall rest with the Mayor. For those funds appropriated for the activities of the Municipal council, including but not limited to its official entertainment and ceremonial activities, the Chairman of the Municipal Council shall have expenditure authority. For those funds appropriated for the activities of resident departments of the Executive Branch, the resident department heads shall have the expenditure authority. Funds shall be expended in accordance with the appropriation worksheets made as part of this Act, whether or not such worksheets are submitted by the Governor. All other authorizations for expenditure of funds, not governed by this Page 10

11 H.B, NO H-D.2, S-D-2, C.D.l subsection, shall be made in accordance w i u 1 C23C Section 7401, et sea, Section 302. Criminal Penal&. The criminal penalties set forth in the Planning and Budgeting Act of 1983, 1 CMC Section 7701 et seq., apply to this Act. section procurement. (a) Notwithstanding any other provision of law, the funds appropriated for the ~udicidl Branch and public corporations which have not established and published procurement regulations substantially similar to existing CNMI procurement regulations shall be expended in accordance with the CNMI procurement regulations promulgated by the Department of Finance. (b) Heavy Equipment shall only be purchased by funds appropriated in Class Code 4430 of this Act. These funds are not subject to continuing resolution nor subject to reprogramming to purchase vehicles under Class Code 4450 or A11 such purchases shall be purchased only by the Procurement and Supply Division of the Department of Finance. The Chief of Procurement and Supply shall consult with the appropriate department head to determine the heavy equipment the department requires. (c) License Plate. Each vehicle purchased from revenues of the Government of the Northern Hariana Islands, including its government corporations, agencies, boards or commissions shall display a government license plate pursuant to 9 CMC Section 2109 (d) Local aocurement. Purchases for contractual services, goods and supplies shall be acquired from businesses which have Page 11

12 H,B. NO H.D.2, S.D.2, C.D.l at least 75% ownership by U.S. citizens, if such acquisition will not result in the government paying a price greater than 20% than if the acquisition were made from any other source. (e) No advance rental payment shall be authorized in excess of three months for private home owners or governmental employees who are being reimbursed for the rental of private housing due to the unavailability of government quarters. Such reimbursement shall not exceed $600 per month from the date this Act becomes law. Section 304. Salarv Chanses. (a) Positions for which salaries are shown in the Governor's proposed budget worksheets shall not exceed the levels shown in this Act's appropriation worksheets during FY 1988, unless funds are appropriated in this Act for salary increases. (b) No government employee or official shall receive a merit or salary increase except as provided in subsection (a). Reprogramming of funds from non-personnel purposes shall not be made for the purpose of paying merit or salary increases. (c) No government employee in a civil service position shall transfer to an unclassified or ungraded position at a higher rate of pay than that paid in the civil service position previously held. NO appointed government employee shall transfer to a civil service position. (d) Local funds shall not be reprogrammed to operate programs funded by the federal government in order to Page 12

13 H.B. NO H.D.2, S.D.2, C.D.1 1 supplant funds which are no longer funded by the federal 2 government. 3 Section 305. Pestrictions Uvon Use of Government Vehicles. 4 (a) The Chief of Procurement.and Supply Division. 5 shall provide that all government passenger vehicles, 6 other than those that are in the possession of 7 elected officials, are visibly numbered on both front 8 doors. 9 Section 306. Eest&tfons Wwon Government Paid Travel 10 outside of the Commonwealth. (a) Every government travel authorization shall contain a statement under penalty of perjury that the travel is for official business and undertaken for the benefit of the people of the ~ommonwedlth. (b) Within 15 days after completion of government travel, a traveler shall submit a detailed trip report and travel voucher to the approving authority. These submissions shall be a public record. A person who has failed to make a timely or completed submission shall not receive a travel advance until his or her travel submission is remedied. Section 307. contract Renewal. Any government employee who is employed pursuant to a written employment contract shall not, upon renewal of the contract, receive a salary higher than that provided in the contract which is being renewed unless such increase is not more than 109 of the preceding year's base salary and the fund is provided for in the annual appropriation for the agency or departnent. Page 13

14 PUBLIC LAW,NO. 6-5 H.B. NO H.D.2, S.D.2, C.D.l Section 308. Housins Allowance. A housing allowance shall not be paid to any government employee or official, or spouse of a government employee or official who holds title to real property or has a lease in real property longer than 10 years, or who, pursuant to a contract, is purchasing a home or a residence on the island on which the employee or official performs his government duties. Commencing Fiscal Year 1989, upon passage of new legislation regulating subsidized government housing, there shall be no more housing allowance nor Government Housing Benefits, except those provided by law. Section 309. Retirement. No person who receives retirement benefits from the government of the Northern Mariana Islands shall be allowed to be under an employment or consulting contract with, or be employed by, the government of the Northern Mariana Islands or its public corporations, boards or commissions. All persons currently receiving retirement benefits and employed by the government shall, within 30 days after the effective date of this Act, be released from employment. No person receiving Commonwealth retirement benefits shall be allowed to return to government service and continue to receive retirement benefits while working for the government or improve his or her retirement benefits status. The Director of Finance shall establish procedures to monitor and ensure compliance with this Section. Section 310. Position Vacancies. Except for the Public School System, the Cepartment of Public Health and Environmental Services, the Public Auditor and those lapsed salary positions referred to in sections 315 (a) and (b) and 325 of this Act, any vacant position, Page 14

15 H.B. NO H.D.2, S.D.2, C.D.1 including a position of a government corporation, which is funded by revenues appropriated by this ~ ct, that is not filled within 90 days, shall be eliminated. Funds appropriated for such a position shall revert back to the general fund. It is the responsibility of the head of each department or agency to notify the Personnel Officer and the Director of Finance to take appropriate action when a position is eliminated pursuant to this ~ct. No person shall be employed to fill a vacant position when a continuing resolution is in effect unless the Governor (for the Executive Branch or Government corporations), or the Chief Judge (for the Judicial Branch), certifies a need for the position; provided however, that funds are available in the personnel category for the particular position. Section 311. Meetinu Location and Renortinu outside Activities, (a) Governmental agencies, departfnents, public corporations, boards or commissions shall not conduct any official board or commission meeting outside of the QJMI. (b) The official boards or commissions' activities outside the Commonwealth must be reported to the Governor and to the Chairman of Senate Fiscal Affairs Committee and the Chairman of Ways and Means Committee of the House within 30 days of completion of such activities. The report shall include, but not limited to the following: (1) The names(s) of the board or commission; members and staff. (2) Purpose of the travel or activity. (3) Itemized actual expenses for the following: (a) Transportation costs. Page 15

16 H.B. NO H.D.2, S.D.2, C.D.l 1 (i) Air fare. 2 (ii) Ground transportation. 3 (b) Per diem and subsistences covering meals 4 and lodging. 5 (c) Other itemized expenses not covered above. 6 Section 312. Reuealer. P.L. 6-3 Section 304(b); 1 CMC Section (d). 8 (a) P.L. 6-3 Section 304 (b) is repealed and subsections 9 (c), (d), (e) and (f) are relettered to (b), (c), (d), and (e), 10 respectively. 11 (b) 1 CMC Section 8250(d) is repealed and subsections (e) 12 and (f) are relettered (d) and (e), respectively. 13 Section 313. Amendment. 1 CMC Sections 8250 (a), (c), (e) 14 and (f); 15 (a) 1 CMC Section 8250 (a) is amended to add a new 16 paragraph "(1)" to read as follows: 17 "(1) This section shall apply only to base 18 salary. There shall be no exemptions for stand-by, 19 hazardous, night time differential, overtime pay, or any 20 kind of bonus salary." 21 (b) 1 CMC Section 8250 (c) is amended to add a new 22 paragraph "(1)" to read as follows: 23 "(1) This section shall not be used to increase 24 the salary of any person who has previously held the 25 same position." 26 (c) 1 CMC Section 8250 (e) is amended to add a new 27 paragraph 11(1)" to read as follows: Page 16

17 H.B. NO H.D.2, S.D.2, C.D.1 "(1) This section shall not be used to increase the salary of any person who has previously held the same positi~n.~ (d) 1 CMC Section 8250 (f) is amended as follows: "(f) Section 11 shall not apply to a valid-contract entered into prior to the effective date of this chapter. All renegotiated, amended or renewed contracts shall be considered new contracts and shall not be exempted from Section 11 (1 CMC Section 8249).m Section 314. Reduction in Wases and Salaries. Reductions in wages and salaries shall be administered in the following order: (a) Ungraded Wages and Salaries (1) All government directors shall revert back to the salary provided for them under Public Law (P.L.) 4-32, as amended (1Q3C Div. 8 Ch. 4). (2) All government appointees, special assistants, special consultants and chiefs shall revert back to the salary nfrozenm at the effective date of P.L. 4-32, or as provided for under P.L (3) All other employees with ungraded positions shall not receive a salary higher than that of a civil service employee whose duties and responsibilities are equal or comparable. (4) When necessary, the Governor shall exercise his discretion in making further reduction in pay to comply with these appropriation measures. (5) There shall be no reduction in pay to medical

18 H.B. NO H.D.2, S.D.2, C.D.l doctors, nurses, lab technicians, x-ray technicians, and all other medical professionals whose daily activities, duties and responsibilities place them in direct contact and care of patients. Hospital administrative staff and employees, including the Director of Public Health and Environmental Services, are not included under this exception. (6) There shall be no reduction in pay to classroom teachers, school principals and vice-principals. (7) There shall be no reduction in pay to any police officer or fireman whose daily activities, duties and responsibilities deal directly with the General Public. Administrative staff, including the Director of the Department of Public Safety, are not covered by this exception. (8) This Section shall not be construed to impair existing contracts. (a) A renegotiated, amended or renewed contract shall be considered a new contract and, excluding the exceptions of this section, shall comply with 1 CMC Division 8 chapter 4, as amended. (b) All prior certifications pursuant to 1 CMC section 8250, excluding subsections ( 5), (6) and (7) of Section 314 of this Act, shall expire on the expiration date of all existing employment contracts. (c) No employment contract shall exceed two years. Page 18

19 H.B. NO H.D.2, S.D.2, C.D.1 Section 315. LEpses. (a) Funds available from lapsed salaries of new and vacant positions and those funds allocated to nprofessional servicesw for medical referral purposes, funded under the Department of Public Health and Environmental Services under P.L. 6-3, shall be available for subsistence allowances to medical referral patients or official escorts who are authorized by the medical referral committee. The medical referral committee shall modify the existing medical referral policy to allow expenditures for air fares, housing or hotel expenses when necessary, and a subsistence allowance not to exceed twenty dollars per day for both the medical referral patient and official escort- A medical referral patient or official escort who is on travel orders as of the effective date of this Act in Guam, Hawaii, within the CNMI, or elsewhere shall benefit from this policy change immediately. (b) Funds available from lapsed salaries of new and vacant positions under the Executive Branch Appropriation Worksheet shall be expended for the following: (1) The Fruit ~1y:eradication program for Saipan - $100,000. (2) Rodent eradication program for Saipan - $100,000. (3) CNMI Health Planning Development Agency - $100,000. The expenditure authority for items (1) and (2) shall be the Director of Natural Resources; for item (3), the Public Auditor. Section 316. Water Catchment and Power Generator Loan Revolvim Fund. The Executive Director of the Commonwealth utilities Corporation,

20 PUBLIC LAW NO. 6-5 H.B. NO H.D.2, S.D.2, C.D.1 or his designee, shall implement the $1,000, revolving fund for water catchments and power generators for the Island of Saipan. (see Class Code 4201 in the appropriation worksheet for Commonwealth Utilities Corporation. Commonwealth utilities Corporation shall provide an application form containing the following subsection (a) only) : (a) Application form. (1) Name of applicant, and spouse, if applicable. (2) Date and place of birth. (3) Persons of Northern Marianas descent as defined in Article XI1 Section 4 of the Constitution. (4) Gross income; net income (including allowance for payments of all obligations). (5) Amount and purpose of loan requested. (b) Interest Rate. The interest rate shall be zero. (c) Purpose. Money dispensed under the revolving fund shall be for residential use and only for the following: (1) Procurement and acquisition of water catchment tank, water pump, and installation of the water catchment tank and water pump. (2) Procurement and acquisition of an electrical power generator. (d) Eligibility. In order to be eligible the applicant shall have the following qualifications: (1) Title holder of real estate on the Island of Saipan. (2) Have a habitable residential dwelling which is a principal place of abode. Page 20

21 H.B. NO H.D.2, S.D.2, C.D.1 (3) A ~omesteader if not fee simple title holder. (4) Have current regular income. (5) Must demonstrate need. (6) Have a combined household gross annual income not to exceed forty thousand dollars. (e) Family Size and Tank Size. A household of five members or less in the family shall be eligible for a one thousand gallon water catchment tank. A household of more than five members in the family shall be eligible for three thousand gallon water catchment tank. The size of the water pump shall be 1/2 or 3/4 horse power. (f) Terms. The maximum term shall be ten years. (g) Loan amount. A maximum amount of loan per applicant per house for a 1,000 gallon water catchment tank is Two Thousand Dollars; for a 3,000 gallon tank is Two Thousand Five Hundred Dollars. An additional loan amount for the electrical power generator shall not exceed Two-Thousand Five Hundred Dollars. The maximum combined loan amount is Five Thousand Dollars. (1) An applicant shall recetve no more than one loan or grant per water catchment system or power generator. (2) The full amount of the loan or grant shall be immediately due and payable should the applicant rent, lease or sell the residential dwelling to a person outside of his or her immediate household; or lease, rent or sell the water catchment tank or pump or power generator to any person. Page 21

22 PUBLIC L W NO. 6-5 H.B. NO H.D.2, S.D.2, C.D.l (h) Special Grant. An applicant or household whose income is not derived from earned, passive (rental), or business income, and whose income is generally derived from an institutional welfare program, shall be eligible for a grant; provided all other requirements are met. (i) Electrical Power Generator: The Generator shall not exceed 5 kw. (j) All approved loans or grants shall be disbursed directly to the vendor or contractor. (k) The Executive Director of the Commonwealth Utilities Corporation shall, within sixty days of the passage of this Act, promulgate regulations for the management and repayment of loans and grants under this Section. Section 317. Amendment. 3 CMC Section 4434 (e) is amended and a new Subsection (h) is added to read as follows: "(e) The Chief shall not approve Nonresident Worker Certificates for the following job classifications: retail trade clerk, taxi cab driver, secretary, retail trade cashier, bookkeeper, accounting clerk, messenger, hotel front desk clerk, janitor, security guard, receptionists, custodian, surface tour boat operator, tour guide, bus driver, including tour bus driver, telephone switchboard operator, and any position for employment with the Commonwealth Government except for the Public School System, the Department of Public Health and Environmental Services and the Office of the Public Auditor and, as may be required, by the Marianas Visitors Bureau for a language interpreter. Provided, that the certificate of any Page 22

23 H.B. NO H.D.2, S.D.2, C.D.1 nonresident worker already in the Commonwealth on the effective date of this subsection may be renewed or reissued for a period of not more than one year. In addition to the foregoing job classifications the Legislature may by law add additional job classifications as it deems necessary. Further, provided, that the Director, or his designated representative, shall insure that job classifications established by the employer, together with occupational qualifications and experience are reasonable for the position being applied for and in the event the Director or his designated representative determines that such job classification or occupational qualification or experience is not reasonable for such position, the Nonresident Worker certificate shall not be approved. "(h) The exceptions of Subsection (e) of this section for the Public School System, Department of Public Health and E~vironmental Services, and the Public Auditor, shall expire September 30, l8 Section 318. Amendment. 1 CMC Section 7206 (c). 1 CMC Section 7206 (c) is amended to read as follows: "(c) The budget programs of each government corporation shall be transmitted to the legislature for approval, rejection, or modification as a part of the annual budget submission. " Section 319..&nendment;. 4 <IMC, Section 8143(c) is amended to read : "(c) The Corporation shall accurately meter and bill all consuers including all government consumers and all government

24 PUBLIC L?W NO. 6-5 H.B. NO H.D.2, S.D.2, C.D.l buildings for electrical power, sewage, refuse collection and water consumption by no later than January 1, 1989, at no less than the cost of production, operation, and maintenance of the services provided. Provided, however, that nothing in this or any other law shall preclude the immediate equitable increase in the existing rate schedules prior to the accurate metering of all classes of consumers. The classes of consumers are commercial, residential and governmental." Section 320. Chalan Kanoa/Susu~e Park. The funds appropriated under Class Code 4410 for the Chalan Kanoa/Susupe Park shall be administered by the Chief of Parks and Recreation. These funds shall be available until expended without Fiscal Year limitation. These funds shall not be subject to a continuing resolution. Section 321. Office of the Mayor-Sai~an. The Office of the Mayor of Saipan is charged with an additional responsibility to repair, improve and to maintain in good condition all secondary roads and roads leading to farm areas, tourist scenic sites, and other remote public areas. The funds appropriated under Class Code 4430 (Machinery and Equipment), shall not be subject to a continuing resolution. Section 322. Commonwealth Arts Council. Sixty-Thousand Dollars ($60,000) of the funds appropriated for the General Budget Expenses of the Executive Branch appropriation worksheet (see Class Code 4201) shall be allotted to the Commonwealth Arts Council for its operational expenditures. Section 323. Animal Health Services Revolvinu Fund. Fifteen Thousand Dollars ($15,000) from the Commonwealth veterinary Page 24

25 H.B. NO H.D.2, S.D.2, C-D.1 clinic and slaughterhouse and from sales of government livestock shall be deposited into a special revolving non-lapsing fund, separate and apart from the general fund to to be known as the llanimal Health Services Revolving Fund" and shall not be subject to a continuing resolution. Section 324. Garapan School Storm Drainase. One Hundred Forty Thousand Dollars ($140,000) from the funds for the General Budget Expenses (Class Code 4201) of the Construction and other Projects appropriation worksheet shall be expended for the Garapan School Storm Drainage Project. All funds for this purpose shall not lapse and will remain available until completely used and shall not be subject to a continuing resolution. The Director of Public Works shall be the expenditbre authority and the work to be done on this project shall be contracted out to private contractors. Notwithstanding any other provision of law, the Director of Public Works shall not withdraw any administrative or other costs from this fund. Section 325. Svorts and Other Facilities. One Hundred Thirty-Three Thousand Seven Hundred Dollars ($133,700) is appropriated for the China Town basketball court sports facility and San Vicente ball field lighting, Koblerville basketball court lighting and San Vicente Hall renovation shall be available without fiscal year limitation and not subject to a continuing resolution. The expending authority is the Community and Cultural Affairs Sports Recreational Development Officer. Section 326. Sonusonu, Rota. Villaae Roads: Up to and including One Hundred Seventy Thousand Dollars ($170,000) from lapsed salaries of 27 new positions for the First Senatorial District shall be expended for

26 PUBLIC LAtJ NO. 6-5 H.B. NO H.D.2, S.D.2, C.D.1 Phase I, A & E Design and Survey of Songsong Village Roads, and shall not be subject to a continuing resolution. Section 327. Finaktan Park, Rota. First Senatorial District Worksheet, the $20,000 appropriation shall be used for improvement to the Finaktan Park, Rota, and be available until expended without Fiscal Year Limitation. Section 328. Em~lovees transfer to Public Comorations Liabilitv for Personnel Bene-fits. In the event that any employee of the ~xecutive Branch transfers to a government corporation, quasipublic entity or commission, the government corporation, quasi-public entity or commission shall assume any liability for the payment or transfer of personnel benefits, including, but not limited to, unpaid accrued annual leave, that such employee may have earned or be entitled to as an Executive Branch employee; except, where an employee has been employed in a position funded by a federal grant or program, payment or transfer of such personnel benefits shall be the responsibility of, and paid by, the federal grant or program prior to the employee's transfer to a government corporation, quasi-public entity or commission. This Section shall apply in the event an employee transfers from a government corporation, quasi-public entity or commission to the ~xecutive Branch or a federally funded program. Section 329. Conflict with Prior ~v~rotxiations. If there is any conflicting provision with this Act and prior FY'88 ~ppropriation Acts, the provision(s) in this Act shall prevail. All administrative provisions of this Act shall apply to all prior FY'88 ~ppropriation Acts. Section 330. Debt Pavment and Allotment - Prior Year's Page 26

27 H.B. NO H-D.2, S.D.2, C.D.1 oblisations. Debts of programs. or activities incurred from prior years may be paid from funds appropriated by this Act for such activities or program: provided, however, that such debts payments shall not cause the activity to exceed its budget allocation pursuant to this Act or justify a request for a supplemental appropriation. Section 331. Debt Retirement-Prior Years' Government Obliaations. $1,975,000 shall be appropriated to pay prior fiscal year debts of the Executive Branch of government upon certification by the Public Auditor to the ~irector of Finance that the debts are accurate and legitimate; provided that the payment of these debts shall not be subject to a continuing resolution. Section 332. $ommonwealth Utilities Camoration. $2.0 million shall be appropriated to pay for the fuel and lubrication (Class Code 4303) of the Commonwealth Utilities Corporation and shall not be subject to a continuing resolution. Section 333. Public School Svstem. (a) The sum of $62,000 appropriated and all~cated to the Public School System (Class code 4201) shall be distributed equally among the schools of the Public School System, excluding Tanapag, G. T. Carnacho, and San Antonio Elementary Schools. The funds ($62,000) shall be used for purposes to be determined by the respective schools8 principals at their discretion. The Commissioner of Education shall not reduce the proposed funding levels of the schools affected by the distribution of these funds. (b) The sum of $40,000 appropriated and allocated to the Public School System (Class Code 4201) shall be Page 27

28 PUBLIC LAW NO. 6-5 H.B. NO H.D.2, S.D.2, C.D.1 distributed between Tanapag and G. T. Camacho Elementary Schools. The funds ($20,000 to each school) of either Tanapag or G. T. Camacho Elementary School shall not be reduced by the Commissioner of Education. (c) The sums of $50, appropriated and allocated to the Public.Schoo1 System (Class Code 4201) shall be used for the construction of a multi-purpose recreational facility at San Antonio Elementary School. This fund shall not be reduced by the Commissioner of Education. Section 334. &-wand The Governor shall reconsider the proposed funding level for the Division of Animal Health and Industry for FYI88 and shall provide allotment(s) equal to P.L funding level. Section 335. Basketball Court Lishts. Twenty-one Thousand Dollars appropriated, allocated, and identified for Tanapag, San Roque and Capitol Hill basketball court lighting under the construction and other projects appropriation worksheet shall be expended in accordance with the provision of Section 325 of this Act. Section 336. 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. Page 28

29 m c UUJ NO H.B. NO H.D.2, S.D.2, C.D.1 1 Section 337. sfective Date. This A ct shall take effect 2. upon its approval by the ~oveinor or upon its becoming law without 3 such approval, 5 ATTEST : \ Acting Speaker House Clerk House of Representatives Governor 15 Commonwealth of the Northern Mariana Islands Page 29