COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS

Benigno R Fitial Eloy S Inos Governor Lieutenant Governor

OCT J n 201n

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 HD S81 entitled 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 20 II which was passed by the Seventeenth Northern Marianas Commonwealth Legislature

After 8 full days of the government shutdown the legislatore 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 of a balanced budget While I share the same concerns as yours we cannot turn 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

Caller Box J 0007 Saipan MP 96950 Telephone (670) 664middot22002300 Facsimile (670) 664middot22111231 j

bull Section 402 requires the Governor to seek approval from the legislature to reduee 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 501(b) if exercised ill benefit only those activities listed under Section 704 as Section 501 (c) requires the approvaJ of the legislature to reprogram other funds This restriction is wholly unreasonahle 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 1be 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 havc been decreased while other activities appropriations were increased It is highly imperative that the legislature address this shortfall to ensure utility service Mthout 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 aJ1oat

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 fonn 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 heaJth 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 2011 In essence repealing abolishes -- rather than suspends -- the payments Legal holiday payments for fiscaJ year 2011 should havc 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 shaJl 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 pennissible 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

Caller Box 10007 Saipan MP 96950 Telephone (670) 664-2200 2300 Facsimile (670) 664-22112311

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 fhile 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 justiJY 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 CNMl Instead of subsidizing one particular company for one particular island I strongly urge thc legislature to work collaboratively with the Administration in assisting MV 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

Caller Box 10007 Saipan MP 96950 Telephone (670) 6642200 12300 Facsimile (670) 664-2211123 J 1

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 thc 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 CNMJ Press Secretary Office ofthe Governor Special Assistant to the Administration Special Assistant for Programs amp LegisJative Review AU DepartmentslAgencies Public Corporations Autonomous Agencies

Caller Box 10007 Saipan MP 96950 Telephone (670) 664-2200 12300 Facsimile (670) 664-221112311

PUBLIC LAW NO 17-21

Sewnteentn Lesfol4ture oftlie

C1i oftIie NortkmMarioM Isf4nlfs

IN THE HOUSE OF REPRESENTATIVES

11th Day Second Regular Session

October 8 2010

Representative Ramon S Basa of Saipan Precinct 5 (for himsetj Representatives Felicidad T Ogumoro) in an open and public meeting with an opportunity for the public to comment introduced the following Bill

B B17-123

AN ACT

TO lUKE APPBOPRIATIONS FOB THE OPERATIONS AND

ACTlul1ES OF THE 6OVEBlUIEIn OF THE m OtnRAlTH OF THE NOBTBEBN BAlUANA ISlANDS ITS AGENCIES

INSTBUDNTJlLITIES AND INDEPENDENT PBOGUBS AND

TO PBOVIDE BUDGET AUTHOIUTY FOB 60VEBNUNT

mBPORATIONS FOB FISCAL YILUl ZOII

The Bill was not referred to aHouse 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 HDI 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 ofH B 17-123 HOI SSl

H B 17-123 HD1 SSt WAS RETURNED TO THE HOUSE OF REPRESENTATIVES ON OCTOBER 8 2010

The House of Representatives aecepted the Senate amendments and passed H B 17-123 HDI SSI during its II th Day Second Regular Session on October 8 2010

Evelyn C I g House Clerk

Purpose

PUBLIC LAW NO 17-21

Sewntelmtn Legislilttm oftlie

Commt) li of tlie Nortnem Mariana Isfmufs

IN THE HOUSE OF REPRESENTATIVES

11th Day Second Regular Session

October 8 2010

B B 111231 BOIOI SSI

AN ACT

To make appropriations for the operations and activities of the Government of the Commonwealth of the Northern Mariana Islands its agencies instrnmentalities 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 10I Short Title This Act may be cited as the Appropriations

3 and Budget Authority Act 0[2011

4 Section 102 This Act appropriates local funds for the

5 operations and activities of the Government of the Northern Mariana Islands its

6 agencies instmmentalities independent agencies and political subdivisions and

7 provides authority for government corporations for Fiscal Year 2011 commencing

8 October 12010 and ending September 30 201 1

9 Section 103 Definitions As used in this Act

10 ( a) BU means business unit

PUBLIC LAW NO 17-21

BILL

I (b) Government of the Commonwealth of the Northern Mariana Islands

2 includes

3 (1) Legislative Branch which includes the following business

4 units

5 1722 House of Representative Salaries

6 New House Member Account amp Employees

7 New House Leadership Account

8 1770 Legislative Bureau

9 1799 Retirement Fund Contribution

10 1593 Youth Congress

11 1762 Senator Salaries

12 New Senate Members Account amp Employees

13 New Senate Leadership Account

14 (2) Judicial Branch which includes the following

IS 1690 Superior Court

16 1691 Supreme Court

17 1692 Law Revision Commission

18 1694 Judicial Administration

19 (3) Executive Branch which includes the following departments

20 and offices

21 (A) Offices of the Governor which includes business

22 units

23 lOl l Office of the Governor

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PUBLIC LAW NO 17-21

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1 1021 Governors Discretionary Account

2 1050 Lt Governors Office

3 1051 Lt Governors Discretionary Account

4 1014 Management and Budget

5 1016 Administrative Services

6 1017 Governors Press Secretary

7 1018 Programs and Legislation

8 IOJ9 Emergency Management Office

9 1020 Youth Affairs

10 1023 Board of Parole

11 1026 Personnel Management

12 1027 Personnel Management - Tinian

1028 Personnel Management - Rota

14 1033 Scholarship Fund

15 1190 Public Defender

16 1201 Carolinian Affairs

17 1202 Indigenous Affairs

18 1251 Veterans Affairs

19 1260 Womens Affairs

20 1492 DEQ Environmental Protection

21 1493 DEQ Litter Control

22 1494 DEQ - Tinian

23 1495 DEQ- Rota

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includes business units

PUBLIC LAW NO

HOUSE BILL

1496 DEQ Groundater Protection

1555 Zoning

35011583 WIA

1584 CJPA

1915 Vocational Rehabilitation

(B) Office of the Attorney General which includes business units

1170 Attorney Generals Office

1185 AGO Cons1llller Counsel

1187 AGO - Investigations

1188 AGO - Special Investigations

Department of Community and Cultural

1200 CCA - Secretarys Office

1220 CCA - DivfYouth 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 ChamoIToCaroIinian Language Commission

(D) Department of Commerce which includes business units

1300 Commerce - Secretarys Office

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Affairs which

17-123 HDI

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PUBLIC LAW NO 17-21

HOUSE BILL SSt

I 1310 Commerce - Economic Dev

2 1331 Commerce - Central Statistics

3 1332 Commerce - ABTC

4 1333 Commerce - Enforcement

5 (E) Department of Corrections which includes business units

6 1335 Department of Corrections

7 (F) Department of Finance which includes business units

8 1100

9 1110

10 1120

11 1130

12 1140

13 1150

14 1160

DOF - Secretarys Office

DOF Finance and Accounting SPN

DOF Treasury

DOF Revenue and Taxation - Saipan

DOF Procurement -Saipan

DOF Customs - Saipan

DOF Electronic Data Processing

(G) Department of Labor which includes business units

16 1275 Labor - Secretarys Office

17 1280 Labor - Labor

18 1283 Administrative Hearing Office

19 1330 Labor - Employment Services

20 3430 Labor - Enforcement Fund

21 (H) Department of Lands and Natural Resources which includes

22 business units

23 1400 DLNR - Secretarys Office

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PUBLIC LAW NO 17-21

SSt

1 1410 DLNR - Agriculture - Saipan

2 1420 DLNR - Fish amp Wildlife - Saipan

3 1440 DLNR - Parks amp GrOlUlds

4 1461 DLNR - Soil amp Water (SPN amp NI)

5 1467 DLNR - Land Registration amp Survey

6 (1) Department of Public Health which includes business units

7 1804 DPH - Cormnonwealth Health Center

8 1878 DPH - Medical Supplies

9 1901 DPH - Secretarys Office

10 1905 DPH - Environmental Services (SPN)

II 1925 DPH - Mental Health amp Social Services

12 1951 DPH - Medicaid Reimbursement

13 1952 DPH-CHIP

14 1970 DPH - Dental Services - Salpan

15 1976 DPH - General Public Health

16 1979 DPH - Medical Referral

1980 DPH - Medicaid Administration

18 1983 DPH -Childrens Development amp Assistance Center

19 1984 DPH - Transitional Living Center

20 (1) Department of Public Lands which includes business units

21 1950 Department of Public Lands

22 (K) Department of Public Safety which includes business units

23 1340 DPS - Commissioners Office

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1350 DPS laquo Police -Saipan

1362 DPS laquo Administrative Div

1365 DPS - Bureau of Motor Vehicles

1370 DPSlaquo Investigative Div

1380 DPS -Fire

1390 DPSlaquo Boating Safety

1360 DPS laquo Training and Academy

1361 DPS -Criminal Justice Information Systems

(L) Department of Public Works which includes business units

1470 DPW laquo Building Safety Code

1471 DPW -Secretarys Office

1480 DPW -Operations amp Maintenance (SPN)

1484 DPW -Roads and Grounds Div

1485 DPW - Solid Waste Management

1486 DPW -TransAutolHeavy Equipment Div

1490 DPW - Technical Services

(4) First Senatorial District (Rota) which includes the following

18 business units

19 1065 Office of the Mayor -Rota

20 1068 Mayors Contingency Fund

21 1066 Municipal Council - Rota

22 1112 DOF -Finance amp Acctg -Rota

23 1132 DOF -Revenue amp Tax - Rota

17-123HDl

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PUBLIC LAW NO 17-21

HOUSE BILL SSt

1 1I42 Hnance - Procurement - Rota

2 1152 OOF - Customs - Rota

3 1232 Historic Preservation - Rota

4 1272 CCA - Sports amp Recreation- Rota

5 1282 DOL - Labor - Rota

6 1312 Commerce - Economic Dev - Rota

7 1352 DPS - Police - Rota

8 1353 DPS - Property and Protection Fire

9 1412 DLNR - Agriculture - Rota

10 1422 DLNR - Fish amp Wildlife - Rota

11 1442 DLNR - Parks amp Recreation - Rota

12 1463 DLNR - Soil amp Water Cons

13 1468 DLNR - Land Registration amp Survey

1482 DPW - Operations amp Maintenance - Rota

15 1523 Public Library - Rota

16 1912 OPH - Public Health - Rota

17 1957 OPH - Environmental Health - Rota

18 1989 OPH - Dental Services - Rota

19 3421 Youth Training

20 (5) Second Senatorial District (Tinian and Aguiguan) which

21 includes the following business units

22 1063 Mayor of Tinian - Office

23 1067 Mayors Contingency Fund

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1 1064

2 1111

3 1131

4 1141

5 1I51

6 1231

7 1271

8 1281

9 1311

10 1351

11 1411

12 1421

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 HDl SSt

Municipal Council - Timan

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

1441 DLNR - Parks amp Recreationmiddot Tinian

1462 DLNR - Soil amp Water Cons - Tinian

1481 DPW - Operations amp Maintenance - Tinian

16 1524 Public Library - Tinian

17 1906 DPH - Public Health - Tinian

18 1907 DPH - Dental Services - Tinian

19 1911 DPH - Environmental Health - Tinian

20 3420 Youth Training

21 (6) Third Senatorial District (Saipan and the Northern Islands)

22 which includes the following governmental offices

23 1060 Mayor of Northern Islands

HDlSSI

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(7)

for which budget authority is herein provided including the following

(8) Boards

business units

(9) Other Programs

following business units

PUBLIC LAW NO 17-21

HOUSE BILL 17middot123

1061 Mayor of Saipan - Mayors Office

1059 Mayors Contingency Account

1062 Saipan and Northern Islands - Municipal Council

All government corporations as defined in 1 CMC sect7103(n)

(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

(0) Public Utilities Commission

and Commissions which includes the

1540 Civil Service Commission

1551 Commission on Election

1556 Board of Professional Licensing

and Autonomous Agencies which includes the

1600 Workers Compensation Commission

160 I Governor Lt Gov Pension

1602 Retirement COLA PL 5-38-39-25

1603 NMlOIC

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following

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PUBLIC LAW NO 17-21

1 Aetna R-Off amp Ret

2 (l0) Public Corporations which includes the following business

3 units

4 1605 Northern Marianas College

5 3450 NMC- Apprentice Program

6 1606 Marianas Visitors Authority

7 1001 Board Of Education

8 1607 Public School System

9 (c) Independent programs means government programs under

10 separate boards established by law (unless receiving appropriations or

II budget authority under another heading) specialized general items of

12 appropriations and those non-profit corporations and associations or

organizations established outside of the Governm ent of the

Commonwealth of the Northern Mariana Islands to which the

Commonwealth Government provides financial assistance including

business units

17 1592 Joeten-Kiyu Public Library

18 1515 Public Assistance Program Matching Funds

1623 Judgments Against Government

20 3661 Commonwealth Museum

21 New La Fiesta Lease

22 1549 Council for the Human ities

1562 Ayuda Network

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PUBLIC LAW NO 17-21

HOUSE BILL 17-123 HOISSI

1 1568

2 1570

3 1577

4 1580

5 1591

Domestic Violence

National Governors Association

Karidat

Micronesian Legal Services

Utilities - CNMl Government

6 (d) Local funds means locally generated revenues and revenues

7 received pursuant to Section 702 (a) of the Covenant

8 (e) Operations means appropriations for all lawful activities

9 other than personnel

10 (f) Personnel means appropriations for salaries employers

1 1 contribution to the Northern Marianas Retirement Fund the Defined

12 Contribution Plan overtime night differential hazardous pay and other

13 employee wages and benefits

(g) Position or Full-Time Equivalent (FIE) means the

15 maximum number of persons that may be employed pursuant to Article

16 X Section 7 of the Commonwealth Constitution but does not include

17 Workforce Investment Agency substitute teachers summer trainees

18 teacher aides physicians licensed professional nurses and licensed allied

health providers working part-time and paid only for instructional time

20 student teacher trainees or short-term specialized instructors such as

21 visiting artists performers writers and the like For purposes of this

22 exception part-time means employment not exceeding 40 hours in any

23 biweekly pay period and short-term means not more than 90

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lt$2134500gt

lt$16606000gt

23 1132565000

PUBLIC LAW NO 17-21

SSt

instructional days employment within the Public School System during the

fiscal year

CHAPTER II ESTIMATED REVENUES

Section 201 Estimated Revenues Pursuant to House Concurrent

Resolution No 17-2 HDI the total estimated revenues and resources approved

and identified for fY 2011 are as follows

I 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 Excisc 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) MY 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) 20078 refunding bond payment

(c) Deficit Reduction $

Subtotal

(d) Net fY 2011 budgetary resources available for appropriation

- 13 -

(e) Department

HDl

$2820866

$J3538

Suspension Earmarked

Appropriation Budget Authority

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PUBLIC LAW NO 17-21

HOUSE BILL 17-123 SSI

I of Public Lands

2 Grand Total

3 Notwithstanding CMC 7204 funds appropriated for FY2011 shall be

4 allotted monthly

5 Seetion 202 of 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 [WlA] and 50 to the

Retirement Fund)

CHAPTER III

16 GOVERNMENT CORPORATIONS AND DESIGNATED

17 AGENCIESACTIVITIES

18 Section 301 and 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 shaH not be

22 incurred or committed and hiring in excess of FTE ceilings is prohibited unless

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ACTIVITIES FTE OPERATIONS

5O97122 $79118379 84215501

CertificatiQn

Reporting Requirement

19

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PUBLIC LAW NO 17-21

1 authorized by a legislative joint resolution in accordance with Section 7 Article X

2 of the NMI Constitution

3 PERSONNEL 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 ------bullbull -----

7 (d) Commonwealth Utilities COrPOration no submittal

8 (e) NM Housing Corporation 24 1110989 1113108 2224097

9 (I) NMI Ret Fund 27 1353669 76659330 78012999

10 (g) Office of the Public Auditor 30 1818525 755700 2574225

II (h) Public Utilities Commission 55553 137550 193103

12 Grand Total l2

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

IS indicated above

16 Section 302 Prior 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

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

Section 303 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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HD1SSI

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PUBLIC LAW NO 17-21

HOUSE BILL 17-123

for personnel and operations of each governnIent 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

CHAPTER IV ADMINISTRATION OF APPROPRIATED FUNDS

Section 401 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 of Finance 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

(a) Employment Ceilings Pursuant to Article X sect 7 of the

Commonwealth Constitution the employment ceilings are hereby established as

set forth herein

Section 404

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17-123 HD1

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PUBLIC LAW NO 17-21

HOUSE BILL SS1

I (a) The distribution and expenditure of funds shall be in compliance with

2 the fiscal expenditure authority the listed agencies have pursuant to statute and the

3 administrative provisions of this Act as set forth herein

4 (b) Except as provided in this Act the funds appropriated pursuant to this

5 Act shall be expended by the respective expenditure authority pursuant to I CMC

6 sectsect 7401 and 7503

7 (c) For the Ground Water Management and Protection Act Fund

8 expenditure authority is vested in the Director of the Division of Environmental

9 Quality

10 (d) For all government agencies receiving appropriated funds for

11 personnel or staff housing administrative and expenditure authority over housing

12 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

16 in the Family Violence Task Force chairperson with concurrence of the Family

17 Violence Task Force coordinator

18 (1) For Crime Stoppers International the chairperson of the board of the

19 directors shall be the expenditure authority

20 (g) For Independent Programs unless othernise provided in this Act or in

21 any other provision of law expenditure authority shall be vested in the Secretary

22 of Finance

23 CHAPTER V REPROGRAMMING AUTHORITY

- 17 -

Reprogramming Authority

BDI

Hiring

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 SSI

I

2 this act authority to reprogram

3

4

5 Governor shall have 100 reprogramming authority on funds

6

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11 funds federal law federal grant

12 prohibitions and deposit and other

13 security and the financing of public

14 projeets

15

16 of $7539509 included in the

17

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20

21

Section SOl

(a) Unless otherwise specified in

appropriated funds shall be as provided under 1 CMC sectsect 7402 and 7504

(b) Provided however I CMC sectsect 7402 (b) is hereby suspended for the

period of this Act

appropriated under Section 704 of this Act

(c) Notwithstanding any law to the contrary the Governors authority to

reprogram funds under this section shall include the authority to reprogram funds

available to all public corporations agencies and entities of the Commonwealth

Government upon approval by joint approval of the legislature provided that such

are not restricted from reprogramming by

conditions Commonwealth constitutional

restrictions related to bond covenants

CHAPTER VI SUPPLEMENTAL ADMINISTRATIVE PROVISIONS

Section 601 Utilities The amount

Independent Programs shall be appropriated for the payment of utilities for the

branches departments and agencies of the Commonwealth government except

the business units listed in Section I03(b )(7) and the Public School System and

the Northern Marianas College

Section 602 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

- 18 -

17-123

Litigation Expenditures

PUBLIC LAW NO 17-21

BOUSE BILL BDI SSt

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

II forth in Section 704 are contingent on this section remaining in this Appropriation

12 Act

13 Section 603 Restricted

14 Except for the governor the attorney general the chief justice of the

IS 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 thcir authority The terms agency and agencies as used in this section shall be

- 19-

1

2

3

4

5

6

7

8

9

10

11 Legal Holidays

12

13

14

15

16

17

18

19

20

21

22

23

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 HDl SSt

liberally construed to include all instrumentalities and subdivisions of the

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

of Finance

Section 605

(a) The following laws and regulations providing for payment of legal

holidays are repealed during fiscal year 2011

ICMCsect312 andsect313

Title 10 NMIAC sectlO-1O-135G) (Excepted Service)

Title 10 NMIAC sect 1 0-202-346 (Civil Service Executive Branch)

Title 10 NMIAC sect10-30middot344 (Civil Service Judicial Branch)

Title 40 NMIAC sect40-40-425 (Commonwealth Ports Authority)

Title 60 NMIAC sect60-30l-444 (Public School System)

Title 100 NMIAC sect 100middot50-430 (Northern Marianas Housing

Corporation)

Title 120 NMIAC sect120-1Omiddot230 (Excepted Service) and

Title 130 NMIAC 130middot20-330 (Office of the Public Auditor)

- 20 -

17-123 HDl

In

PUBLIC LAW NO 17-21

regular salary

receive leave with pay

employees if they

Section 701

HOUSE BILL SSl

1 (b) Any employee required to work on a legal holiday shall be paid hislher

2

3 (c) From the legal holidays listed in I CMC sect311 the Governor may

4 select one or more legal holidays for fiscal year 2011 for which employees shall

5

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 have available funds in their personnel account

9 CHAPTER VII APPROPRIATIONS

10 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 of expenditure by

21 (I) A reduction in work hours

22 (2) A reduction in wages

23 (3) Furlough

- 21 -

$2934762 $388085

Legislative

$3322847

14

19 45

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 HDl SSl

I (4) A reduction in force

2 (5) A reduction in expenditures for all others or

3 (6) A combination of reductions under subsections (I) 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 acconnts 1 CMC sect7402(c) is

10 suspended for the period that this Act is in effect

II (f) Provided however that during the period of this Act no funds shall be

12 reprogrammed from non-personnel acconnts to personnel accounts to increase any

13 salaries from its current level

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 7959n

Superior Court 1714552 160961 1875513

20 Administration 13 295435 217240 512675

21 Law Revision Comm 5 132442 6245 138687

22 TOTAL 74

23 Section 703 Branch

22

17-123

20000 ll

954597

PUBLIC LAW NO 17-21

HOUSE BILL HDl SSI

1 (a) In accordance with Article II sectJ6(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 eontribution and non-personnel expenses as listed

4 below of the Legislative branch

5 FIE PERSONNEL OPERATIONS TOTAL

6 House Members Salary 20 954597

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

House Members Allocation

House Leadership Allocation

Senate

Senate Members Allocation

Senate Leadership Allocation

Legislative Bureau

CNMI Youth Congress

100 1700000 1700000

138000 138000

9 431141 431141

45 765000 765000

138000 138000

28 1274764 167000 1441764

1 2 67 1lltIT

TOTAL 203 $2681669 $2928000 $5609669

(b) Salaries of Legislative Members

( l) The amount appropriated under this section to the House of

Representatives under personnel shall be used to fund the salaries and

benefits of the members of the House of Representatives The expenditure

authority for the amounts appropriated shall be the Secretary of Finance

(2) The amount appropriated under this section to the Senate under

personnel shall be used to fund the salaries and benefits of the members of the

Senate The expenditure authority for the amounts appropriated shall be the

Secretary of Finance

(c) House Members Office Accounts and Employees

23

HDI

14

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 SSt

1 (I) The Department of Finance shall establish and assign a number to a

2 new business unit account entitled House Members Office Accounts for the

3 appropriation for House Members Allocation Another new business unit

4 account entitled Senate Members Office Accounts for the appropriation for

5 Senate Members Allocation Under each of these said accounts an equal

6 amount of the appropriation shall be alloeated to subac ount further established

7 thereunder for each member of the respective house for the operations of the

8 members office as permitted under section 16 of article II of the CNMI

9 Constitution applicable laws and the rules of the legislative body to which the

10 member was elected

II (2) Notwithstanding I CMC sect7401(c) to the contrary each member

12 shall be the expenditure authority of the funds allocated to their indi vidual sub-

13 account

(3) Funds allocated for the operation of the members office including

15 but not limited to the personnel costs of the members employees and

16 expenditures as authorized by the adopted rules of the Senate in the case of the

17 Senate member or the adopted rules of the House of Representatives in the case

18 of a House member such as a monthly stipend to defray travel and incidental

19 expenses for the purpose of attending to legislative business outside the

20 members senatorial district

21 (4) Allocation ofFTEs among House members shall be governed by the

22 rules of the House

24

13

14

15

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 HDI SSI

I (5) Allocation of FTEs among Senate members shall be governed by

2 the rules of the Senate

3 (d) Senate and House Leadership Accounts

4 (1) The Department of Finance shall establish and assign a number to

5 two new business unit accounts one entitled House Leadership Account for

6 the appropriation in the amount of $ l38000 under All Others and another

7 new business unit account entitled Senate Leadership Account for the

8 appropriation in the amount of$138000 under All Others

9 (2) The presiding officer of each respective house or his lawfully

10 authorized designee shall be the expenditure authority and shall use such funds

II to support the operations and activities of the House of Representatives and

12 Senate in aceordance 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

16 the Legislative Bureau shall be the Director of the Legislative Bureau or his or her

17 lawfully authorized designee

18 (f) Northern Marianas Youth Congress The expenditure authority is vested in

19 the Director of the Legislative Bureau with tbe consultation of the Speaker of the

20 Northern Mariana Islands Youth Congress

21 Section 704 Executive Branch

25

HDl

PERSONNEL

8

13

14

42

96

485

20

21

22

24

25

26

27

28

29

30

31

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 SSl

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 OPERATIONS TOTAL

5 Office of Gov 140

6 Attorney General

7 Commerce 32

Comm amp Cult Affairs 88

9 Corrections

10 Finance 163

11 Labor 44

12 Lands amp Natural Res 98

Public Health

Public Safety 258

15 Public Works 129

16 Total 1575 $45120729 $14184384 $593651l3

17 Section 705 First Senatorial District - Rota

18 (a) There is hereby appropriated the following amounts to fund the personnel

19 and non-personnel expenses as listed below of the First Senatorial District

FfE PERSONNEL OPERATIONS TOTAL

Mayor 99

Municipal Conn II

23 Commerce (econ Dev) 8

CampCA ]0

Police (DPS) 34

Fire 12

Finance amp Actg 3

Revenue amp Tax 3

Customs 6

Procurement amp Supply 2

Labor 7

26

17-123 HDl

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

] 6

17

18

19

20

21

22

23

24

25

26

Agriculture

Historic Preservation

Lands Regisamp Survey

Fish amp Wildlife

Parks amp Recreation

Soil amp Water Consv

Rota Health Center

Dental Services

DPH Med Referral

Environmental Health

Public Works

Total

PUBLIC LAW NO 17-21

HOUSE BILL SSl

20

4

6

5

4

1

51

4

5

2

23

320 $5677593 $576487 $6256080

(b) The Rota Legislative Delegation shall determine by Local Delegation

Resolution the allocation of the funds appropriated for the First Senatorial District

(c) Except as provided in this section the Mayor of Rota shall have authority to

expend obligate encumber or otherwise eommit the funds appropriated to the First

Senatorial District Notwithstanding any law to the contrary the Mayor of Rota shall

have 100 reprogramming authority of the funds appropriated in this Act

Appropriations to the Municipal Council shall be divided and distributed equally to

each member of the Municipal Council Each Municipal Council member shall be the

expenditure authority of funds distributed to himlher Additionally in accord with the

Superior Courts decision in the case of Inos v Tenorio the Mayors shall also have

expenditure authority over resident government departments in the First and Second

senatorial districts respectively unless the Governor revokes expenditure authority in a

manner consistent with the Superior Courts holding in Inos v Tenorio to wit

expenditure authority over resident departments that are primarily concerned lith the

27

Aguiguan

17

PUBLIC LAW NO 17-21

BOUSE BILL 17-123 BDt SSt

I delivery of public services can be revoked only on a prior showing of just cause but

2 the Governor has discretion to revoke expenditure authority over those departments

3 that are primarily concerned with enforcing the law

4 (e) Rota Health Center Three hundred forty thousand ($34000000) from the

5 First Senatorial Districts budget appropriation is hereby allocated to pay for

6 professional services for nurses technicians and other medical and auxiliary

7 professionals as needed including one mental health counselor in the amount of Thirty

8 Three Thousand Dollars ($3300000)

9 (d) DPS Cadets One hundred seven thousand seven hundred eighty

10 ($10778000) from the First Senatorial Districts budget appropriation is hereby

11 allocated for five (5) Full Time Equivalents (FTEs) for the Rota Department of Public

12 Safety of the total 329 FTEs to fully fund the five (5) 2010 DPS Academy graduates

13 from the First District who shall be placed as FTEs within the Rota Department of

14 Public Safety Any shortfall for overtime retirement or benefits shall be borne by the

15 municipality

16 (e) Dentist Seventy-seven thousand two hundred dollars ($77200) from the

First Senatorial Districts budget appropriation is hereby allocated for one (1) Full

18 Time Equivalent (FTE) to hire a dentist

19 Section 706 Second Senatorial District - Tinian amp

20 (a) There is hereby appropriated the following amounts to fund the personnel

21 and non-personnel expenses of the Second Senatorial District as listed below

22 [j PERSONNEL OPERATIONS TOTAL

28

bull Section 402 requires the Governor to seek approval from the legislature to reduee 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 501(b) if exercised ill benefit only those activities listed under Section 704 as Section 501 (c) requires the approvaJ of the legislature to reprogram other funds This restriction is wholly unreasonahle 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 1be 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 havc been decreased while other activities appropriations were increased It is highly imperative that the legislature address this shortfall to ensure utility service Mthout 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 aJ1oat

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 fonn 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 heaJth 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 2011 In essence repealing abolishes -- rather than suspends -- the payments Legal holiday payments for fiscaJ year 2011 should havc 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 shaJl 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 pennissible 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

Caller Box 10007 Saipan MP 96950 Telephone (670) 664-2200 2300 Facsimile (670) 664-22112311

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 fhile 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 justiJY 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 CNMl Instead of subsidizing one particular company for one particular island I strongly urge thc legislature to work collaboratively with the Administration in assisting MV 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

Caller Box 10007 Saipan MP 96950 Telephone (670) 6642200 12300 Facsimile (670) 664-2211123 J 1

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 thc 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 CNMJ Press Secretary Office ofthe Governor Special Assistant to the Administration Special Assistant for Programs amp LegisJative Review AU DepartmentslAgencies Public Corporations Autonomous Agencies

Caller Box 10007 Saipan MP 96950 Telephone (670) 664-2200 12300 Facsimile (670) 664-221112311

PUBLIC LAW NO 17-21

Sewnteentn Lesfol4ture oftlie

C1i oftIie NortkmMarioM Isf4nlfs

IN THE HOUSE OF REPRESENTATIVES

11th Day Second Regular Session

October 8 2010

Representative Ramon S Basa of Saipan Precinct 5 (for himsetj Representatives Felicidad T Ogumoro) in an open and public meeting with an opportunity for the public to comment introduced the following Bill

B B17-123

AN ACT

TO lUKE APPBOPRIATIONS FOB THE OPERATIONS AND

ACTlul1ES OF THE 6OVEBlUIEIn OF THE m OtnRAlTH OF THE NOBTBEBN BAlUANA ISlANDS ITS AGENCIES

INSTBUDNTJlLITIES AND INDEPENDENT PBOGUBS AND

TO PBOVIDE BUDGET AUTHOIUTY FOB 60VEBNUNT

mBPORATIONS FOB FISCAL YILUl ZOII

The Bill was not referred to aHouse 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 HDI 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 ofH B 17-123 HOI SSl

H B 17-123 HD1 SSt WAS RETURNED TO THE HOUSE OF REPRESENTATIVES ON OCTOBER 8 2010

The House of Representatives aecepted the Senate amendments and passed H B 17-123 HDI SSI during its II th Day Second Regular Session on October 8 2010

Evelyn C I g House Clerk

Purpose

PUBLIC LAW NO 17-21

Sewntelmtn Legislilttm oftlie

Commt) li of tlie Nortnem Mariana Isfmufs

IN THE HOUSE OF REPRESENTATIVES

11th Day Second Regular Session

October 8 2010

B B 111231 BOIOI SSI

AN ACT

To make appropriations for the operations and activities of the Government of the Commonwealth of the Northern Mariana Islands its agencies instrnmentalities 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 10I Short Title This Act may be cited as the Appropriations

3 and Budget Authority Act 0[2011

4 Section 102 This Act appropriates local funds for the

5 operations and activities of the Government of the Northern Mariana Islands its

6 agencies instmmentalities independent agencies and political subdivisions and

7 provides authority for government corporations for Fiscal Year 2011 commencing

8 October 12010 and ending September 30 201 1

9 Section 103 Definitions As used in this Act

10 ( a) BU means business unit

PUBLIC LAW NO 17-21

BILL

I (b) Government of the Commonwealth of the Northern Mariana Islands

2 includes

3 (1) Legislative Branch which includes the following business

4 units

5 1722 House of Representative Salaries

6 New House Member Account amp Employees

7 New House Leadership Account

8 1770 Legislative Bureau

9 1799 Retirement Fund Contribution

10 1593 Youth Congress

11 1762 Senator Salaries

12 New Senate Members Account amp Employees

13 New Senate Leadership Account

14 (2) Judicial Branch which includes the following

IS 1690 Superior Court

16 1691 Supreme Court

17 1692 Law Revision Commission

18 1694 Judicial Administration

19 (3) Executive Branch which includes the following departments

20 and offices

21 (A) Offices of the Governor which includes business

22 units

23 lOl l Office of the Governor

-2-

13

PUBLIC LAW NO 17-21

SSt

1 1021 Governors Discretionary Account

2 1050 Lt Governors Office

3 1051 Lt Governors Discretionary Account

4 1014 Management and Budget

5 1016 Administrative Services

6 1017 Governors Press Secretary

7 1018 Programs and Legislation

8 IOJ9 Emergency Management Office

9 1020 Youth Affairs

10 1023 Board of Parole

11 1026 Personnel Management

12 1027 Personnel Management - Tinian

1028 Personnel Management - Rota

14 1033 Scholarship Fund

15 1190 Public Defender

16 1201 Carolinian Affairs

17 1202 Indigenous Affairs

18 1251 Veterans Affairs

19 1260 Womens Affairs

20 1492 DEQ Environmental Protection

21 1493 DEQ Litter Control

22 1494 DEQ - Tinian

23 1495 DEQ- Rota

- 3 -

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

(C)

includes business units

PUBLIC LAW NO

HOUSE BILL

1496 DEQ Groundater Protection

1555 Zoning

35011583 WIA

1584 CJPA

1915 Vocational Rehabilitation

(B) Office of the Attorney General which includes business units

1170 Attorney Generals Office

1185 AGO Cons1llller Counsel

1187 AGO - Investigations

1188 AGO - Special Investigations

Department of Community and Cultural

1200 CCA - Secretarys Office

1220 CCA - DivfYouth 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 ChamoIToCaroIinian Language Commission

(D) Department of Commerce which includes business units

1300 Commerce - Secretarys Office

-4-

17-21

Affairs which

17-123 HDI

15

- 5-

PUBLIC LAW NO 17-21

HOUSE BILL SSt

I 1310 Commerce - Economic Dev

2 1331 Commerce - Central Statistics

3 1332 Commerce - ABTC

4 1333 Commerce - Enforcement

5 (E) Department of Corrections which includes business units

6 1335 Department of Corrections

7 (F) Department of Finance which includes business units

8 1100

9 1110

10 1120

11 1130

12 1140

13 1150

14 1160

DOF - Secretarys Office

DOF Finance and Accounting SPN

DOF Treasury

DOF Revenue and Taxation - Saipan

DOF Procurement -Saipan

DOF Customs - Saipan

DOF Electronic Data Processing

(G) Department of Labor which includes business units

16 1275 Labor - Secretarys Office

17 1280 Labor - Labor

18 1283 Administrative Hearing Office

19 1330 Labor - Employment Services

20 3430 Labor - Enforcement Fund

21 (H) Department of Lands and Natural Resources which includes

22 business units

23 1400 DLNR - Secretarys Office

17

PUBLIC LAW NO 17-21

SSt

1 1410 DLNR - Agriculture - Saipan

2 1420 DLNR - Fish amp Wildlife - Saipan

3 1440 DLNR - Parks amp GrOlUlds

4 1461 DLNR - Soil amp Water (SPN amp NI)

5 1467 DLNR - Land Registration amp Survey

6 (1) Department of Public Health which includes business units

7 1804 DPH - Cormnonwealth Health Center

8 1878 DPH - Medical Supplies

9 1901 DPH - Secretarys Office

10 1905 DPH - Environmental Services (SPN)

II 1925 DPH - Mental Health amp Social Services

12 1951 DPH - Medicaid Reimbursement

13 1952 DPH-CHIP

14 1970 DPH - Dental Services - Salpan

15 1976 DPH - General Public Health

16 1979 DPH - Medical Referral

1980 DPH - Medicaid Administration

18 1983 DPH -Childrens Development amp Assistance Center

19 1984 DPH - Transitional Living Center

20 (1) Department of Public Lands which includes business units

21 1950 Department of Public Lands

22 (K) Department of Public Safety which includes business units

23 1340 DPS - Commissioners Office

-6-

13

14

15

16

17

-7 -

PUBLIC LAW NO 17-21

1

2

3

4

5

6

7

8

9

10

11

12

1350 DPS laquo Police -Saipan

1362 DPS laquo Administrative Div

1365 DPS - Bureau of Motor Vehicles

1370 DPSlaquo Investigative Div

1380 DPS -Fire

1390 DPSlaquo Boating Safety

1360 DPS laquo Training and Academy

1361 DPS -Criminal Justice Information Systems

(L) Department of Public Works which includes business units

1470 DPW laquo Building Safety Code

1471 DPW -Secretarys Office

1480 DPW -Operations amp Maintenance (SPN)

1484 DPW -Roads and Grounds Div

1485 DPW - Solid Waste Management

1486 DPW -TransAutolHeavy Equipment Div

1490 DPW - Technical Services

(4) First Senatorial District (Rota) which includes the following

18 business units

19 1065 Office of the Mayor -Rota

20 1068 Mayors Contingency Fund

21 1066 Municipal Council - Rota

22 1112 DOF -Finance amp Acctg -Rota

23 1132 DOF -Revenue amp Tax - Rota

17-123HDl

14

PUBLIC LAW NO 17-21

HOUSE BILL SSt

1 1I42 Hnance - Procurement - Rota

2 1152 OOF - Customs - Rota

3 1232 Historic Preservation - Rota

4 1272 CCA - Sports amp Recreation- Rota

5 1282 DOL - Labor - Rota

6 1312 Commerce - Economic Dev - Rota

7 1352 DPS - Police - Rota

8 1353 DPS - Property and Protection Fire

9 1412 DLNR - Agriculture - Rota

10 1422 DLNR - Fish amp Wildlife - Rota

11 1442 DLNR - Parks amp Recreation - Rota

12 1463 DLNR - Soil amp Water Cons

13 1468 DLNR - Land Registration amp Survey

1482 DPW - Operations amp Maintenance - Rota

15 1523 Public Library - Rota

16 1912 OPH - Public Health - Rota

17 1957 OPH - Environmental Health - Rota

18 1989 OPH - Dental Services - Rota

19 3421 Youth Training

20 (5) Second Senatorial District (Tinian and Aguiguan) which

21 includes the following business units

22 1063 Mayor of Tinian - Office

23 1067 Mayors Contingency Fund

- 8 -

13

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- 9-

1 1064

2 1111

3 1131

4 1141

5 1I51

6 1231

7 1271

8 1281

9 1311

10 1351

11 1411

12 1421

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 HDl SSt

Municipal Council - Timan

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

1441 DLNR - Parks amp Recreationmiddot Tinian

1462 DLNR - Soil amp Water Cons - Tinian

1481 DPW - Operations amp Maintenance - Tinian

16 1524 Public Library - Tinian

17 1906 DPH - Public Health - Tinian

18 1907 DPH - Dental Services - Tinian

19 1911 DPH - Environmental Health - Tinian

20 3420 Youth Training

21 (6) Third Senatorial District (Saipan and the Northern Islands)

22 which includes the following governmental offices

23 1060 Mayor of Northern Islands

HDlSSI

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(7)

for which budget authority is herein provided including the following

(8) Boards

business units

(9) Other Programs

following business units

PUBLIC LAW NO 17-21

HOUSE BILL 17middot123

1061 Mayor of Saipan - Mayors Office

1059 Mayors Contingency Account

1062 Saipan and Northern Islands - Municipal Council

All government corporations as defined in 1 CMC sect7103(n)

(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

(0) Public Utilities Commission

and Commissions which includes the

1540 Civil Service Commission

1551 Commission on Election

1556 Board of Professional Licensing

and Autonomous Agencies which includes the

1600 Workers Compensation Commission

160 I Governor Lt Gov Pension

1602 Retirement COLA PL 5-38-39-25

1603 NMlOIC

- 10-

following

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PUBLIC LAW NO 17-21

1 Aetna R-Off amp Ret

2 (l0) Public Corporations which includes the following business

3 units

4 1605 Northern Marianas College

5 3450 NMC- Apprentice Program

6 1606 Marianas Visitors Authority

7 1001 Board Of Education

8 1607 Public School System

9 (c) Independent programs means government programs under

10 separate boards established by law (unless receiving appropriations or

II budget authority under another heading) specialized general items of

12 appropriations and those non-profit corporations and associations or

organizations established outside of the Governm ent of the

Commonwealth of the Northern Mariana Islands to which the

Commonwealth Government provides financial assistance including

business units

17 1592 Joeten-Kiyu Public Library

18 1515 Public Assistance Program Matching Funds

1623 Judgments Against Government

20 3661 Commonwealth Museum

21 New La Fiesta Lease

22 1549 Council for the Human ities

1562 Ayuda Network

- II -

14

19

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 HOISSI

1 1568

2 1570

3 1577

4 1580

5 1591

Domestic Violence

National Governors Association

Karidat

Micronesian Legal Services

Utilities - CNMl Government

6 (d) Local funds means locally generated revenues and revenues

7 received pursuant to Section 702 (a) of the Covenant

8 (e) Operations means appropriations for all lawful activities

9 other than personnel

10 (f) Personnel means appropriations for salaries employers

1 1 contribution to the Northern Marianas Retirement Fund the Defined

12 Contribution Plan overtime night differential hazardous pay and other

13 employee wages and benefits

(g) Position or Full-Time Equivalent (FIE) means the

15 maximum number of persons that may be employed pursuant to Article

16 X Section 7 of the Commonwealth Constitution but does not include

17 Workforce Investment Agency substitute teachers summer trainees

18 teacher aides physicians licensed professional nurses and licensed allied

health providers working part-time and paid only for instructional time

20 student teacher trainees or short-term specialized instructors such as

21 visiting artists performers writers and the like For purposes of this

22 exception part-time means employment not exceeding 40 hours in any

23 biweekly pay period and short-term means not more than 90

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lt$2134500gt

lt$16606000gt

23 1132565000

PUBLIC LAW NO 17-21

SSt

instructional days employment within the Public School System during the

fiscal year

CHAPTER II ESTIMATED REVENUES

Section 201 Estimated Revenues Pursuant to House Concurrent

Resolution No 17-2 HDI the total estimated revenues and resources approved

and identified for fY 2011 are as follows

I 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 Excisc 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) MY 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) 20078 refunding bond payment

(c) Deficit Reduction $

Subtotal

(d) Net fY 2011 budgetary resources available for appropriation

- 13 -

(e) Department

HDl

$2820866

$J3538

Suspension Earmarked

Appropriation Budget Authority

14

15

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 SSI

I of Public Lands

2 Grand Total

3 Notwithstanding CMC 7204 funds appropriated for FY2011 shall be

4 allotted monthly

5 Seetion 202 of 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 [WlA] and 50 to the

Retirement Fund)

CHAPTER III

16 GOVERNMENT CORPORATIONS AND DESIGNATED

17 AGENCIESACTIVITIES

18 Section 301 and 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 shaH not be

22 incurred or committed and hiring in excess of FTE ceilings is prohibited unless

- 14 -

ACTIVITIES FTE OPERATIONS

5O97122 $79118379 84215501

CertificatiQn

Reporting Requirement

19

23

PUBLIC LAW NO 17-21

1 authorized by a legislative joint resolution in accordance with Section 7 Article X

2 of the NMI Constitution

3 PERSONNEL 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 ------bullbull -----

7 (d) Commonwealth Utilities COrPOration no submittal

8 (e) NM Housing Corporation 24 1110989 1113108 2224097

9 (I) NMI Ret Fund 27 1353669 76659330 78012999

10 (g) Office of the Public Auditor 30 1818525 755700 2574225

II (h) Public Utilities Commission 55553 137550 193103

12 Grand Total l2

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

IS indicated above

16 Section 302 Prior 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

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

Section 303 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

- IS -

HD1SSI

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18 Ceiling

19

20

21

22 Expenditure Authority

PUBLIC LAW NO 17-21

HOUSE BILL 17-123

for personnel and operations of each governnIent 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

CHAPTER IV ADMINISTRATION OF APPROPRIATED FUNDS

Section 401 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 of Finance 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

(a) Employment Ceilings Pursuant to Article X sect 7 of the

Commonwealth Constitution the employment ceilings are hereby established as

set forth herein

Section 404

- 16-

17-123 HD1

13

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PUBLIC LAW NO 17-21

HOUSE BILL SS1

I (a) The distribution and expenditure of funds shall be in compliance with

2 the fiscal expenditure authority the listed agencies have pursuant to statute and the

3 administrative provisions of this Act as set forth herein

4 (b) Except as provided in this Act the funds appropriated pursuant to this

5 Act shall be expended by the respective expenditure authority pursuant to I CMC

6 sectsect 7401 and 7503

7 (c) For the Ground Water Management and Protection Act Fund

8 expenditure authority is vested in the Director of the Division of Environmental

9 Quality

10 (d) For all government agencies receiving appropriated funds for

11 personnel or staff housing administrative and expenditure authority over housing

12 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

16 in the Family Violence Task Force chairperson with concurrence of the Family

17 Violence Task Force coordinator

18 (1) For Crime Stoppers International the chairperson of the board of the

19 directors shall be the expenditure authority

20 (g) For Independent Programs unless othernise provided in this Act or in

21 any other provision of law expenditure authority shall be vested in the Secretary

22 of Finance

23 CHAPTER V REPROGRAMMING AUTHORITY

- 17 -

Reprogramming Authority

BDI

Hiring

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 SSI

I

2 this act authority to reprogram

3

4

5 Governor shall have 100 reprogramming authority on funds

6

7

8

9

10

11 funds federal law federal grant

12 prohibitions and deposit and other

13 security and the financing of public

14 projeets

15

16 of $7539509 included in the

17

18

19

20

21

Section SOl

(a) Unless otherwise specified in

appropriated funds shall be as provided under 1 CMC sectsect 7402 and 7504

(b) Provided however I CMC sectsect 7402 (b) is hereby suspended for the

period of this Act

appropriated under Section 704 of this Act

(c) Notwithstanding any law to the contrary the Governors authority to

reprogram funds under this section shall include the authority to reprogram funds

available to all public corporations agencies and entities of the Commonwealth

Government upon approval by joint approval of the legislature provided that such

are not restricted from reprogramming by

conditions Commonwealth constitutional

restrictions related to bond covenants

CHAPTER VI SUPPLEMENTAL ADMINISTRATIVE PROVISIONS

Section 601 Utilities The amount

Independent Programs shall be appropriated for the payment of utilities for the

branches departments and agencies of the Commonwealth government except

the business units listed in Section I03(b )(7) and the Public School System and

the Northern Marianas College

Section 602 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

- 18 -

17-123

Litigation Expenditures

PUBLIC LAW NO 17-21

BOUSE BILL BDI SSt

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

II forth in Section 704 are contingent on this section remaining in this Appropriation

12 Act

13 Section 603 Restricted

14 Except for the governor the attorney general the chief justice of the

IS 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 thcir authority The terms agency and agencies as used in this section shall be

- 19-

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6

7

8

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11 Legal Holidays

12

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14

15

16

17

18

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20

21

22

23

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 HDl SSt

liberally construed to include all instrumentalities and subdivisions of the

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

of Finance

Section 605

(a) The following laws and regulations providing for payment of legal

holidays are repealed during fiscal year 2011

ICMCsect312 andsect313

Title 10 NMIAC sectlO-1O-135G) (Excepted Service)

Title 10 NMIAC sect 1 0-202-346 (Civil Service Executive Branch)

Title 10 NMIAC sect10-30middot344 (Civil Service Judicial Branch)

Title 40 NMIAC sect40-40-425 (Commonwealth Ports Authority)

Title 60 NMIAC sect60-30l-444 (Public School System)

Title 100 NMIAC sect 100middot50-430 (Northern Marianas Housing

Corporation)

Title 120 NMIAC sect120-1Omiddot230 (Excepted Service) and

Title 130 NMIAC 130middot20-330 (Office of the Public Auditor)

- 20 -

17-123 HDl

In

PUBLIC LAW NO 17-21

regular salary

receive leave with pay

employees if they

Section 701

HOUSE BILL SSl

1 (b) Any employee required to work on a legal holiday shall be paid hislher

2

3 (c) From the legal holidays listed in I CMC sect311 the Governor may

4 select one or more legal holidays for fiscal year 2011 for which employees shall

5

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 have available funds in their personnel account

9 CHAPTER VII APPROPRIATIONS

10 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 of expenditure by

21 (I) A reduction in work hours

22 (2) A reduction in wages

23 (3) Furlough

- 21 -

$2934762 $388085

Legislative

$3322847

14

19 45

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 HDl SSl

I (4) A reduction in force

2 (5) A reduction in expenditures for all others or

3 (6) A combination of reductions under subsections (I) 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 acconnts 1 CMC sect7402(c) is

10 suspended for the period that this Act is in effect

II (f) Provided however that during the period of this Act no funds shall be

12 reprogrammed from non-personnel acconnts to personnel accounts to increase any

13 salaries from its current level

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 7959n

Superior Court 1714552 160961 1875513

20 Administration 13 295435 217240 512675

21 Law Revision Comm 5 132442 6245 138687

22 TOTAL 74

23 Section 703 Branch

22

17-123

20000 ll

954597

PUBLIC LAW NO 17-21

HOUSE BILL HDl SSI

1 (a) In accordance with Article II sectJ6(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 eontribution and non-personnel expenses as listed

4 below of the Legislative branch

5 FIE PERSONNEL OPERATIONS TOTAL

6 House Members Salary 20 954597

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

House Members Allocation

House Leadership Allocation

Senate

Senate Members Allocation

Senate Leadership Allocation

Legislative Bureau

CNMI Youth Congress

100 1700000 1700000

138000 138000

9 431141 431141

45 765000 765000

138000 138000

28 1274764 167000 1441764

1 2 67 1lltIT

TOTAL 203 $2681669 $2928000 $5609669

(b) Salaries of Legislative Members

( l) The amount appropriated under this section to the House of

Representatives under personnel shall be used to fund the salaries and

benefits of the members of the House of Representatives The expenditure

authority for the amounts appropriated shall be the Secretary of Finance

(2) The amount appropriated under this section to the Senate under

personnel shall be used to fund the salaries and benefits of the members of the

Senate The expenditure authority for the amounts appropriated shall be the

Secretary of Finance

(c) House Members Office Accounts and Employees

23

HDI

14

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 SSt

1 (I) The Department of Finance shall establish and assign a number to a

2 new business unit account entitled House Members Office Accounts for the

3 appropriation for House Members Allocation Another new business unit

4 account entitled Senate Members Office Accounts for the appropriation for

5 Senate Members Allocation Under each of these said accounts an equal

6 amount of the appropriation shall be alloeated to subac ount further established

7 thereunder for each member of the respective house for the operations of the

8 members office as permitted under section 16 of article II of the CNMI

9 Constitution applicable laws and the rules of the legislative body to which the

10 member was elected

II (2) Notwithstanding I CMC sect7401(c) to the contrary each member

12 shall be the expenditure authority of the funds allocated to their indi vidual sub-

13 account

(3) Funds allocated for the operation of the members office including

15 but not limited to the personnel costs of the members employees and

16 expenditures as authorized by the adopted rules of the Senate in the case of the

17 Senate member or the adopted rules of the House of Representatives in the case

18 of a House member such as a monthly stipend to defray travel and incidental

19 expenses for the purpose of attending to legislative business outside the

20 members senatorial district

21 (4) Allocation ofFTEs among House members shall be governed by the

22 rules of the House

24

13

14

15

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 HDI SSI

I (5) Allocation of FTEs among Senate members shall be governed by

2 the rules of the Senate

3 (d) Senate and House Leadership Accounts

4 (1) The Department of Finance shall establish and assign a number to

5 two new business unit accounts one entitled House Leadership Account for

6 the appropriation in the amount of $ l38000 under All Others and another

7 new business unit account entitled Senate Leadership Account for the

8 appropriation in the amount of$138000 under All Others

9 (2) The presiding officer of each respective house or his lawfully

10 authorized designee shall be the expenditure authority and shall use such funds

II to support the operations and activities of the House of Representatives and

12 Senate in aceordance 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

16 the Legislative Bureau shall be the Director of the Legislative Bureau or his or her

17 lawfully authorized designee

18 (f) Northern Marianas Youth Congress The expenditure authority is vested in

19 the Director of the Legislative Bureau with tbe consultation of the Speaker of the

20 Northern Mariana Islands Youth Congress

21 Section 704 Executive Branch

25

HDl

PERSONNEL

8

13

14

42

96

485

20

21

22

24

25

26

27

28

29

30

31

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 SSl

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 OPERATIONS TOTAL

5 Office of Gov 140

6 Attorney General

7 Commerce 32

Comm amp Cult Affairs 88

9 Corrections

10 Finance 163

11 Labor 44

12 Lands amp Natural Res 98

Public Health

Public Safety 258

15 Public Works 129

16 Total 1575 $45120729 $14184384 $593651l3

17 Section 705 First Senatorial District - Rota

18 (a) There is hereby appropriated the following amounts to fund the personnel

19 and non-personnel expenses as listed below of the First Senatorial District

FfE PERSONNEL OPERATIONS TOTAL

Mayor 99

Municipal Conn II

23 Commerce (econ Dev) 8

CampCA ]0

Police (DPS) 34

Fire 12

Finance amp Actg 3

Revenue amp Tax 3

Customs 6

Procurement amp Supply 2

Labor 7

26

17-123 HDl

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

] 6

17

18

19

20

21

22

23

24

25

26

Agriculture

Historic Preservation

Lands Regisamp Survey

Fish amp Wildlife

Parks amp Recreation

Soil amp Water Consv

Rota Health Center

Dental Services

DPH Med Referral

Environmental Health

Public Works

Total

PUBLIC LAW NO 17-21

HOUSE BILL SSl

20

4

6

5

4

1

51

4

5

2

23

320 $5677593 $576487 $6256080

(b) The Rota Legislative Delegation shall determine by Local Delegation

Resolution the allocation of the funds appropriated for the First Senatorial District

(c) Except as provided in this section the Mayor of Rota shall have authority to

expend obligate encumber or otherwise eommit the funds appropriated to the First

Senatorial District Notwithstanding any law to the contrary the Mayor of Rota shall

have 100 reprogramming authority of the funds appropriated in this Act

Appropriations to the Municipal Council shall be divided and distributed equally to

each member of the Municipal Council Each Municipal Council member shall be the

expenditure authority of funds distributed to himlher Additionally in accord with the

Superior Courts decision in the case of Inos v Tenorio the Mayors shall also have

expenditure authority over resident government departments in the First and Second

senatorial districts respectively unless the Governor revokes expenditure authority in a

manner consistent with the Superior Courts holding in Inos v Tenorio to wit

expenditure authority over resident departments that are primarily concerned lith the

27

Aguiguan

17

PUBLIC LAW NO 17-21

BOUSE BILL 17-123 BDt SSt

I delivery of public services can be revoked only on a prior showing of just cause but

2 the Governor has discretion to revoke expenditure authority over those departments

3 that are primarily concerned with enforcing the law

4 (e) Rota Health Center Three hundred forty thousand ($34000000) from the

5 First Senatorial Districts budget appropriation is hereby allocated to pay for

6 professional services for nurses technicians and other medical and auxiliary

7 professionals as needed including one mental health counselor in the amount of Thirty

8 Three Thousand Dollars ($3300000)

9 (d) DPS Cadets One hundred seven thousand seven hundred eighty

10 ($10778000) from the First Senatorial Districts budget appropriation is hereby

11 allocated for five (5) Full Time Equivalents (FTEs) for the Rota Department of Public

12 Safety of the total 329 FTEs to fully fund the five (5) 2010 DPS Academy graduates

13 from the First District who shall be placed as FTEs within the Rota Department of

14 Public Safety Any shortfall for overtime retirement or benefits shall be borne by the

15 municipality

16 (e) Dentist Seventy-seven thousand two hundred dollars ($77200) from the

First Senatorial Districts budget appropriation is hereby allocated for one (1) Full

18 Time Equivalent (FTE) to hire a dentist

19 Section 706 Second Senatorial District - Tinian amp

20 (a) There is hereby appropriated the following amounts to fund the personnel

21 and non-personnel expenses of the Second Senatorial District as listed below

22 [j PERSONNEL OPERATIONS TOTAL

28

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 fhile 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 justiJY 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 CNMl Instead of subsidizing one particular company for one particular island I strongly urge thc legislature to work collaboratively with the Administration in assisting MV 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

Caller Box 10007 Saipan MP 96950 Telephone (670) 6642200 12300 Facsimile (670) 664-2211123 J 1

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 thc 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 CNMJ Press Secretary Office ofthe Governor Special Assistant to the Administration Special Assistant for Programs amp LegisJative Review AU DepartmentslAgencies Public Corporations Autonomous Agencies

Caller Box 10007 Saipan MP 96950 Telephone (670) 664-2200 12300 Facsimile (670) 664-221112311

PUBLIC LAW NO 17-21

Sewnteentn Lesfol4ture oftlie

C1i oftIie NortkmMarioM Isf4nlfs

IN THE HOUSE OF REPRESENTATIVES

11th Day Second Regular Session

October 8 2010

Representative Ramon S Basa of Saipan Precinct 5 (for himsetj Representatives Felicidad T Ogumoro) in an open and public meeting with an opportunity for the public to comment introduced the following Bill

B B17-123

AN ACT

TO lUKE APPBOPRIATIONS FOB THE OPERATIONS AND

ACTlul1ES OF THE 6OVEBlUIEIn OF THE m OtnRAlTH OF THE NOBTBEBN BAlUANA ISlANDS ITS AGENCIES

INSTBUDNTJlLITIES AND INDEPENDENT PBOGUBS AND

TO PBOVIDE BUDGET AUTHOIUTY FOB 60VEBNUNT

mBPORATIONS FOB FISCAL YILUl ZOII

The Bill was not referred to aHouse 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 HDI 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 ofH B 17-123 HOI SSl

H B 17-123 HD1 SSt WAS RETURNED TO THE HOUSE OF REPRESENTATIVES ON OCTOBER 8 2010

The House of Representatives aecepted the Senate amendments and passed H B 17-123 HDI SSI during its II th Day Second Regular Session on October 8 2010

Evelyn C I g House Clerk

Purpose

PUBLIC LAW NO 17-21

Sewntelmtn Legislilttm oftlie

Commt) li of tlie Nortnem Mariana Isfmufs

IN THE HOUSE OF REPRESENTATIVES

11th Day Second Regular Session

October 8 2010

B B 111231 BOIOI SSI

AN ACT

To make appropriations for the operations and activities of the Government of the Commonwealth of the Northern Mariana Islands its agencies instrnmentalities 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 10I Short Title This Act may be cited as the Appropriations

3 and Budget Authority Act 0[2011

4 Section 102 This Act appropriates local funds for the

5 operations and activities of the Government of the Northern Mariana Islands its

6 agencies instmmentalities independent agencies and political subdivisions and

7 provides authority for government corporations for Fiscal Year 2011 commencing

8 October 12010 and ending September 30 201 1

9 Section 103 Definitions As used in this Act

10 ( a) BU means business unit

PUBLIC LAW NO 17-21

BILL

I (b) Government of the Commonwealth of the Northern Mariana Islands

2 includes

3 (1) Legislative Branch which includes the following business

4 units

5 1722 House of Representative Salaries

6 New House Member Account amp Employees

7 New House Leadership Account

8 1770 Legislative Bureau

9 1799 Retirement Fund Contribution

10 1593 Youth Congress

11 1762 Senator Salaries

12 New Senate Members Account amp Employees

13 New Senate Leadership Account

14 (2) Judicial Branch which includes the following

IS 1690 Superior Court

16 1691 Supreme Court

17 1692 Law Revision Commission

18 1694 Judicial Administration

19 (3) Executive Branch which includes the following departments

20 and offices

21 (A) Offices of the Governor which includes business

22 units

23 lOl l Office of the Governor

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13

PUBLIC LAW NO 17-21

SSt

1 1021 Governors Discretionary Account

2 1050 Lt Governors Office

3 1051 Lt Governors Discretionary Account

4 1014 Management and Budget

5 1016 Administrative Services

6 1017 Governors Press Secretary

7 1018 Programs and Legislation

8 IOJ9 Emergency Management Office

9 1020 Youth Affairs

10 1023 Board of Parole

11 1026 Personnel Management

12 1027 Personnel Management - Tinian

1028 Personnel Management - Rota

14 1033 Scholarship Fund

15 1190 Public Defender

16 1201 Carolinian Affairs

17 1202 Indigenous Affairs

18 1251 Veterans Affairs

19 1260 Womens Affairs

20 1492 DEQ Environmental Protection

21 1493 DEQ Litter Control

22 1494 DEQ - Tinian

23 1495 DEQ- Rota

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(C)

includes business units

PUBLIC LAW NO

HOUSE BILL

1496 DEQ Groundater Protection

1555 Zoning

35011583 WIA

1584 CJPA

1915 Vocational Rehabilitation

(B) Office of the Attorney General which includes business units

1170 Attorney Generals Office

1185 AGO Cons1llller Counsel

1187 AGO - Investigations

1188 AGO - Special Investigations

Department of Community and Cultural

1200 CCA - Secretarys Office

1220 CCA - DivfYouth 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 ChamoIToCaroIinian Language Commission

(D) Department of Commerce which includes business units

1300 Commerce - Secretarys Office

-4-

17-21

Affairs which

17-123 HDI

15

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PUBLIC LAW NO 17-21

HOUSE BILL SSt

I 1310 Commerce - Economic Dev

2 1331 Commerce - Central Statistics

3 1332 Commerce - ABTC

4 1333 Commerce - Enforcement

5 (E) Department of Corrections which includes business units

6 1335 Department of Corrections

7 (F) Department of Finance which includes business units

8 1100

9 1110

10 1120

11 1130

12 1140

13 1150

14 1160

DOF - Secretarys Office

DOF Finance and Accounting SPN

DOF Treasury

DOF Revenue and Taxation - Saipan

DOF Procurement -Saipan

DOF Customs - Saipan

DOF Electronic Data Processing

(G) Department of Labor which includes business units

16 1275 Labor - Secretarys Office

17 1280 Labor - Labor

18 1283 Administrative Hearing Office

19 1330 Labor - Employment Services

20 3430 Labor - Enforcement Fund

21 (H) Department of Lands and Natural Resources which includes

22 business units

23 1400 DLNR - Secretarys Office

17

PUBLIC LAW NO 17-21

SSt

1 1410 DLNR - Agriculture - Saipan

2 1420 DLNR - Fish amp Wildlife - Saipan

3 1440 DLNR - Parks amp GrOlUlds

4 1461 DLNR - Soil amp Water (SPN amp NI)

5 1467 DLNR - Land Registration amp Survey

6 (1) Department of Public Health which includes business units

7 1804 DPH - Cormnonwealth Health Center

8 1878 DPH - Medical Supplies

9 1901 DPH - Secretarys Office

10 1905 DPH - Environmental Services (SPN)

II 1925 DPH - Mental Health amp Social Services

12 1951 DPH - Medicaid Reimbursement

13 1952 DPH-CHIP

14 1970 DPH - Dental Services - Salpan

15 1976 DPH - General Public Health

16 1979 DPH - Medical Referral

1980 DPH - Medicaid Administration

18 1983 DPH -Childrens Development amp Assistance Center

19 1984 DPH - Transitional Living Center

20 (1) Department of Public Lands which includes business units

21 1950 Department of Public Lands

22 (K) Department of Public Safety which includes business units

23 1340 DPS - Commissioners Office

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PUBLIC LAW NO 17-21

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1350 DPS laquo Police -Saipan

1362 DPS laquo Administrative Div

1365 DPS - Bureau of Motor Vehicles

1370 DPSlaquo Investigative Div

1380 DPS -Fire

1390 DPSlaquo Boating Safety

1360 DPS laquo Training and Academy

1361 DPS -Criminal Justice Information Systems

(L) Department of Public Works which includes business units

1470 DPW laquo Building Safety Code

1471 DPW -Secretarys Office

1480 DPW -Operations amp Maintenance (SPN)

1484 DPW -Roads and Grounds Div

1485 DPW - Solid Waste Management

1486 DPW -TransAutolHeavy Equipment Div

1490 DPW - Technical Services

(4) First Senatorial District (Rota) which includes the following

18 business units

19 1065 Office of the Mayor -Rota

20 1068 Mayors Contingency Fund

21 1066 Municipal Council - Rota

22 1112 DOF -Finance amp Acctg -Rota

23 1132 DOF -Revenue amp Tax - Rota

17-123HDl

14

PUBLIC LAW NO 17-21

HOUSE BILL SSt

1 1I42 Hnance - Procurement - Rota

2 1152 OOF - Customs - Rota

3 1232 Historic Preservation - Rota

4 1272 CCA - Sports amp Recreation- Rota

5 1282 DOL - Labor - Rota

6 1312 Commerce - Economic Dev - Rota

7 1352 DPS - Police - Rota

8 1353 DPS - Property and Protection Fire

9 1412 DLNR - Agriculture - Rota

10 1422 DLNR - Fish amp Wildlife - Rota

11 1442 DLNR - Parks amp Recreation - Rota

12 1463 DLNR - Soil amp Water Cons

13 1468 DLNR - Land Registration amp Survey

1482 DPW - Operations amp Maintenance - Rota

15 1523 Public Library - Rota

16 1912 OPH - Public Health - Rota

17 1957 OPH - Environmental Health - Rota

18 1989 OPH - Dental Services - Rota

19 3421 Youth Training

20 (5) Second Senatorial District (Tinian and Aguiguan) which

21 includes the following business units

22 1063 Mayor of Tinian - Office

23 1067 Mayors Contingency Fund

- 8 -

13

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1 1064

2 1111

3 1131

4 1141

5 1I51

6 1231

7 1271

8 1281

9 1311

10 1351

11 1411

12 1421

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 HDl SSt

Municipal Council - Timan

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

1441 DLNR - Parks amp Recreationmiddot Tinian

1462 DLNR - Soil amp Water Cons - Tinian

1481 DPW - Operations amp Maintenance - Tinian

16 1524 Public Library - Tinian

17 1906 DPH - Public Health - Tinian

18 1907 DPH - Dental Services - Tinian

19 1911 DPH - Environmental Health - Tinian

20 3420 Youth Training

21 (6) Third Senatorial District (Saipan and the Northern Islands)

22 which includes the following governmental offices

23 1060 Mayor of Northern Islands

HDlSSI

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(7)

for which budget authority is herein provided including the following

(8) Boards

business units

(9) Other Programs

following business units

PUBLIC LAW NO 17-21

HOUSE BILL 17middot123

1061 Mayor of Saipan - Mayors Office

1059 Mayors Contingency Account

1062 Saipan and Northern Islands - Municipal Council

All government corporations as defined in 1 CMC sect7103(n)

(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

(0) Public Utilities Commission

and Commissions which includes the

1540 Civil Service Commission

1551 Commission on Election

1556 Board of Professional Licensing

and Autonomous Agencies which includes the

1600 Workers Compensation Commission

160 I Governor Lt Gov Pension

1602 Retirement COLA PL 5-38-39-25

1603 NMlOIC

- 10-

following

13

14

15

16

19

23

PUBLIC LAW NO 17-21

1 Aetna R-Off amp Ret

2 (l0) Public Corporations which includes the following business

3 units

4 1605 Northern Marianas College

5 3450 NMC- Apprentice Program

6 1606 Marianas Visitors Authority

7 1001 Board Of Education

8 1607 Public School System

9 (c) Independent programs means government programs under

10 separate boards established by law (unless receiving appropriations or

II budget authority under another heading) specialized general items of

12 appropriations and those non-profit corporations and associations or

organizations established outside of the Governm ent of the

Commonwealth of the Northern Mariana Islands to which the

Commonwealth Government provides financial assistance including

business units

17 1592 Joeten-Kiyu Public Library

18 1515 Public Assistance Program Matching Funds

1623 Judgments Against Government

20 3661 Commonwealth Museum

21 New La Fiesta Lease

22 1549 Council for the Human ities

1562 Ayuda Network

- II -

14

19

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 HOISSI

1 1568

2 1570

3 1577

4 1580

5 1591

Domestic Violence

National Governors Association

Karidat

Micronesian Legal Services

Utilities - CNMl Government

6 (d) Local funds means locally generated revenues and revenues

7 received pursuant to Section 702 (a) of the Covenant

8 (e) Operations means appropriations for all lawful activities

9 other than personnel

10 (f) Personnel means appropriations for salaries employers

1 1 contribution to the Northern Marianas Retirement Fund the Defined

12 Contribution Plan overtime night differential hazardous pay and other

13 employee wages and benefits

(g) Position or Full-Time Equivalent (FIE) means the

15 maximum number of persons that may be employed pursuant to Article

16 X Section 7 of the Commonwealth Constitution but does not include

17 Workforce Investment Agency substitute teachers summer trainees

18 teacher aides physicians licensed professional nurses and licensed allied

health providers working part-time and paid only for instructional time

20 student teacher trainees or short-term specialized instructors such as

21 visiting artists performers writers and the like For purposes of this

22 exception part-time means employment not exceeding 40 hours in any

23 biweekly pay period and short-term means not more than 90

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lt$2134500gt

lt$16606000gt

23 1132565000

PUBLIC LAW NO 17-21

SSt

instructional days employment within the Public School System during the

fiscal year

CHAPTER II ESTIMATED REVENUES

Section 201 Estimated Revenues Pursuant to House Concurrent

Resolution No 17-2 HDI the total estimated revenues and resources approved

and identified for fY 2011 are as follows

I 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 Excisc 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) MY 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) 20078 refunding bond payment

(c) Deficit Reduction $

Subtotal

(d) Net fY 2011 budgetary resources available for appropriation

- 13 -

(e) Department

HDl

$2820866

$J3538

Suspension Earmarked

Appropriation Budget Authority

14

15

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 SSI

I of Public Lands

2 Grand Total

3 Notwithstanding CMC 7204 funds appropriated for FY2011 shall be

4 allotted monthly

5 Seetion 202 of 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 [WlA] and 50 to the

Retirement Fund)

CHAPTER III

16 GOVERNMENT CORPORATIONS AND DESIGNATED

17 AGENCIESACTIVITIES

18 Section 301 and 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 shaH not be

22 incurred or committed and hiring in excess of FTE ceilings is prohibited unless

- 14 -

ACTIVITIES FTE OPERATIONS

5O97122 $79118379 84215501

CertificatiQn

Reporting Requirement

19

23

PUBLIC LAW NO 17-21

1 authorized by a legislative joint resolution in accordance with Section 7 Article X

2 of the NMI Constitution

3 PERSONNEL 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 ------bullbull -----

7 (d) Commonwealth Utilities COrPOration no submittal

8 (e) NM Housing Corporation 24 1110989 1113108 2224097

9 (I) NMI Ret Fund 27 1353669 76659330 78012999

10 (g) Office of the Public Auditor 30 1818525 755700 2574225

II (h) Public Utilities Commission 55553 137550 193103

12 Grand Total l2

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

IS indicated above

16 Section 302 Prior 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

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

Section 303 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

- IS -

HD1SSI

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19

20

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22 Expenditure Authority

PUBLIC LAW NO 17-21

HOUSE BILL 17-123

for personnel and operations of each governnIent 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

CHAPTER IV ADMINISTRATION OF APPROPRIATED FUNDS

Section 401 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 of Finance 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

(a) Employment Ceilings Pursuant to Article X sect 7 of the

Commonwealth Constitution the employment ceilings are hereby established as

set forth herein

Section 404

- 16-

17-123 HD1

13

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PUBLIC LAW NO 17-21

HOUSE BILL SS1

I (a) The distribution and expenditure of funds shall be in compliance with

2 the fiscal expenditure authority the listed agencies have pursuant to statute and the

3 administrative provisions of this Act as set forth herein

4 (b) Except as provided in this Act the funds appropriated pursuant to this

5 Act shall be expended by the respective expenditure authority pursuant to I CMC

6 sectsect 7401 and 7503

7 (c) For the Ground Water Management and Protection Act Fund

8 expenditure authority is vested in the Director of the Division of Environmental

9 Quality

10 (d) For all government agencies receiving appropriated funds for

11 personnel or staff housing administrative and expenditure authority over housing

12 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

16 in the Family Violence Task Force chairperson with concurrence of the Family

17 Violence Task Force coordinator

18 (1) For Crime Stoppers International the chairperson of the board of the

19 directors shall be the expenditure authority

20 (g) For Independent Programs unless othernise provided in this Act or in

21 any other provision of law expenditure authority shall be vested in the Secretary

22 of Finance

23 CHAPTER V REPROGRAMMING AUTHORITY

- 17 -

Reprogramming Authority

BDI

Hiring

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 SSI

I

2 this act authority to reprogram

3

4

5 Governor shall have 100 reprogramming authority on funds

6

7

8

9

10

11 funds federal law federal grant

12 prohibitions and deposit and other

13 security and the financing of public

14 projeets

15

16 of $7539509 included in the

17

18

19

20

21

Section SOl

(a) Unless otherwise specified in

appropriated funds shall be as provided under 1 CMC sectsect 7402 and 7504

(b) Provided however I CMC sectsect 7402 (b) is hereby suspended for the

period of this Act

appropriated under Section 704 of this Act

(c) Notwithstanding any law to the contrary the Governors authority to

reprogram funds under this section shall include the authority to reprogram funds

available to all public corporations agencies and entities of the Commonwealth

Government upon approval by joint approval of the legislature provided that such

are not restricted from reprogramming by

conditions Commonwealth constitutional

restrictions related to bond covenants

CHAPTER VI SUPPLEMENTAL ADMINISTRATIVE PROVISIONS

Section 601 Utilities The amount

Independent Programs shall be appropriated for the payment of utilities for the

branches departments and agencies of the Commonwealth government except

the business units listed in Section I03(b )(7) and the Public School System and

the Northern Marianas College

Section 602 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

- 18 -

17-123

Litigation Expenditures

PUBLIC LAW NO 17-21

BOUSE BILL BDI SSt

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

II forth in Section 704 are contingent on this section remaining in this Appropriation

12 Act

13 Section 603 Restricted

14 Except for the governor the attorney general the chief justice of the

IS 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 thcir authority The terms agency and agencies as used in this section shall be

- 19-

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12

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PUBLIC LAW NO 17-21

HOUSE BILL 17-123 HDl SSt

liberally construed to include all instrumentalities and subdivisions of the

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

of Finance

Section 605

(a) The following laws and regulations providing for payment of legal

holidays are repealed during fiscal year 2011

ICMCsect312 andsect313

Title 10 NMIAC sectlO-1O-135G) (Excepted Service)

Title 10 NMIAC sect 1 0-202-346 (Civil Service Executive Branch)

Title 10 NMIAC sect10-30middot344 (Civil Service Judicial Branch)

Title 40 NMIAC sect40-40-425 (Commonwealth Ports Authority)

Title 60 NMIAC sect60-30l-444 (Public School System)

Title 100 NMIAC sect 100middot50-430 (Northern Marianas Housing

Corporation)

Title 120 NMIAC sect120-1Omiddot230 (Excepted Service) and

Title 130 NMIAC 130middot20-330 (Office of the Public Auditor)

- 20 -

17-123 HDl

In

PUBLIC LAW NO 17-21

regular salary

receive leave with pay

employees if they

Section 701

HOUSE BILL SSl

1 (b) Any employee required to work on a legal holiday shall be paid hislher

2

3 (c) From the legal holidays listed in I CMC sect311 the Governor may

4 select one or more legal holidays for fiscal year 2011 for which employees shall

5

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 have available funds in their personnel account

9 CHAPTER VII APPROPRIATIONS

10 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 of expenditure by

21 (I) A reduction in work hours

22 (2) A reduction in wages

23 (3) Furlough

- 21 -

$2934762 $388085

Legislative

$3322847

14

19 45

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 HDl SSl

I (4) A reduction in force

2 (5) A reduction in expenditures for all others or

3 (6) A combination of reductions under subsections (I) 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 acconnts 1 CMC sect7402(c) is

10 suspended for the period that this Act is in effect

II (f) Provided however that during the period of this Act no funds shall be

12 reprogrammed from non-personnel acconnts to personnel accounts to increase any

13 salaries from its current level

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 7959n

Superior Court 1714552 160961 1875513

20 Administration 13 295435 217240 512675

21 Law Revision Comm 5 132442 6245 138687

22 TOTAL 74

23 Section 703 Branch

22

17-123

20000 ll

954597

PUBLIC LAW NO 17-21

HOUSE BILL HDl SSI

1 (a) In accordance with Article II sectJ6(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 eontribution and non-personnel expenses as listed

4 below of the Legislative branch

5 FIE PERSONNEL OPERATIONS TOTAL

6 House Members Salary 20 954597

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

House Members Allocation

House Leadership Allocation

Senate

Senate Members Allocation

Senate Leadership Allocation

Legislative Bureau

CNMI Youth Congress

100 1700000 1700000

138000 138000

9 431141 431141

45 765000 765000

138000 138000

28 1274764 167000 1441764

1 2 67 1lltIT

TOTAL 203 $2681669 $2928000 $5609669

(b) Salaries of Legislative Members

( l) The amount appropriated under this section to the House of

Representatives under personnel shall be used to fund the salaries and

benefits of the members of the House of Representatives The expenditure

authority for the amounts appropriated shall be the Secretary of Finance

(2) The amount appropriated under this section to the Senate under

personnel shall be used to fund the salaries and benefits of the members of the

Senate The expenditure authority for the amounts appropriated shall be the

Secretary of Finance

(c) House Members Office Accounts and Employees

23

HDI

14

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 SSt

1 (I) The Department of Finance shall establish and assign a number to a

2 new business unit account entitled House Members Office Accounts for the

3 appropriation for House Members Allocation Another new business unit

4 account entitled Senate Members Office Accounts for the appropriation for

5 Senate Members Allocation Under each of these said accounts an equal

6 amount of the appropriation shall be alloeated to subac ount further established

7 thereunder for each member of the respective house for the operations of the

8 members office as permitted under section 16 of article II of the CNMI

9 Constitution applicable laws and the rules of the legislative body to which the

10 member was elected

II (2) Notwithstanding I CMC sect7401(c) to the contrary each member

12 shall be the expenditure authority of the funds allocated to their indi vidual sub-

13 account

(3) Funds allocated for the operation of the members office including

15 but not limited to the personnel costs of the members employees and

16 expenditures as authorized by the adopted rules of the Senate in the case of the

17 Senate member or the adopted rules of the House of Representatives in the case

18 of a House member such as a monthly stipend to defray travel and incidental

19 expenses for the purpose of attending to legislative business outside the

20 members senatorial district

21 (4) Allocation ofFTEs among House members shall be governed by the

22 rules of the House

24

13

14

15

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 HDI SSI

I (5) Allocation of FTEs among Senate members shall be governed by

2 the rules of the Senate

3 (d) Senate and House Leadership Accounts

4 (1) The Department of Finance shall establish and assign a number to

5 two new business unit accounts one entitled House Leadership Account for

6 the appropriation in the amount of $ l38000 under All Others and another

7 new business unit account entitled Senate Leadership Account for the

8 appropriation in the amount of$138000 under All Others

9 (2) The presiding officer of each respective house or his lawfully

10 authorized designee shall be the expenditure authority and shall use such funds

II to support the operations and activities of the House of Representatives and

12 Senate in aceordance 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

16 the Legislative Bureau shall be the Director of the Legislative Bureau or his or her

17 lawfully authorized designee

18 (f) Northern Marianas Youth Congress The expenditure authority is vested in

19 the Director of the Legislative Bureau with tbe consultation of the Speaker of the

20 Northern Mariana Islands Youth Congress

21 Section 704 Executive Branch

25

HDl

PERSONNEL

8

13

14

42

96

485

20

21

22

24

25

26

27

28

29

30

31

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 SSl

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 OPERATIONS TOTAL

5 Office of Gov 140

6 Attorney General

7 Commerce 32

Comm amp Cult Affairs 88

9 Corrections

10 Finance 163

11 Labor 44

12 Lands amp Natural Res 98

Public Health

Public Safety 258

15 Public Works 129

16 Total 1575 $45120729 $14184384 $593651l3

17 Section 705 First Senatorial District - Rota

18 (a) There is hereby appropriated the following amounts to fund the personnel

19 and non-personnel expenses as listed below of the First Senatorial District

FfE PERSONNEL OPERATIONS TOTAL

Mayor 99

Municipal Conn II

23 Commerce (econ Dev) 8

CampCA ]0

Police (DPS) 34

Fire 12

Finance amp Actg 3

Revenue amp Tax 3

Customs 6

Procurement amp Supply 2

Labor 7

26

17-123 HDl

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

] 6

17

18

19

20

21

22

23

24

25

26

Agriculture

Historic Preservation

Lands Regisamp Survey

Fish amp Wildlife

Parks amp Recreation

Soil amp Water Consv

Rota Health Center

Dental Services

DPH Med Referral

Environmental Health

Public Works

Total

PUBLIC LAW NO 17-21

HOUSE BILL SSl

20

4

6

5

4

1

51

4

5

2

23

320 $5677593 $576487 $6256080

(b) The Rota Legislative Delegation shall determine by Local Delegation

Resolution the allocation of the funds appropriated for the First Senatorial District

(c) Except as provided in this section the Mayor of Rota shall have authority to

expend obligate encumber or otherwise eommit the funds appropriated to the First

Senatorial District Notwithstanding any law to the contrary the Mayor of Rota shall

have 100 reprogramming authority of the funds appropriated in this Act

Appropriations to the Municipal Council shall be divided and distributed equally to

each member of the Municipal Council Each Municipal Council member shall be the

expenditure authority of funds distributed to himlher Additionally in accord with the

Superior Courts decision in the case of Inos v Tenorio the Mayors shall also have

expenditure authority over resident government departments in the First and Second

senatorial districts respectively unless the Governor revokes expenditure authority in a

manner consistent with the Superior Courts holding in Inos v Tenorio to wit

expenditure authority over resident departments that are primarily concerned lith the

27

Aguiguan

17

PUBLIC LAW NO 17-21

BOUSE BILL 17-123 BDt SSt

I delivery of public services can be revoked only on a prior showing of just cause but

2 the Governor has discretion to revoke expenditure authority over those departments

3 that are primarily concerned with enforcing the law

4 (e) Rota Health Center Three hundred forty thousand ($34000000) from the

5 First Senatorial Districts budget appropriation is hereby allocated to pay for

6 professional services for nurses technicians and other medical and auxiliary

7 professionals as needed including one mental health counselor in the amount of Thirty

8 Three Thousand Dollars ($3300000)

9 (d) DPS Cadets One hundred seven thousand seven hundred eighty

10 ($10778000) from the First Senatorial Districts budget appropriation is hereby

11 allocated for five (5) Full Time Equivalents (FTEs) for the Rota Department of Public

12 Safety of the total 329 FTEs to fully fund the five (5) 2010 DPS Academy graduates

13 from the First District who shall be placed as FTEs within the Rota Department of

14 Public Safety Any shortfall for overtime retirement or benefits shall be borne by the

15 municipality

16 (e) Dentist Seventy-seven thousand two hundred dollars ($77200) from the

First Senatorial Districts budget appropriation is hereby allocated for one (1) Full

18 Time Equivalent (FTE) to hire a dentist

19 Section 706 Second Senatorial District - Tinian amp

20 (a) There is hereby appropriated the following amounts to fund the personnel

21 and non-personnel expenses of the Second Senatorial District as listed below

22 [j PERSONNEL OPERATIONS TOTAL

28

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 thc 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 CNMJ Press Secretary Office ofthe Governor Special Assistant to the Administration Special Assistant for Programs amp LegisJative Review AU DepartmentslAgencies Public Corporations Autonomous Agencies

Caller Box 10007 Saipan MP 96950 Telephone (670) 664-2200 12300 Facsimile (670) 664-221112311

PUBLIC LAW NO 17-21

Sewnteentn Lesfol4ture oftlie

C1i oftIie NortkmMarioM Isf4nlfs

IN THE HOUSE OF REPRESENTATIVES

11th Day Second Regular Session

October 8 2010

Representative Ramon S Basa of Saipan Precinct 5 (for himsetj Representatives Felicidad T Ogumoro) in an open and public meeting with an opportunity for the public to comment introduced the following Bill

B B17-123

AN ACT

TO lUKE APPBOPRIATIONS FOB THE OPERATIONS AND

ACTlul1ES OF THE 6OVEBlUIEIn OF THE m OtnRAlTH OF THE NOBTBEBN BAlUANA ISlANDS ITS AGENCIES

INSTBUDNTJlLITIES AND INDEPENDENT PBOGUBS AND

TO PBOVIDE BUDGET AUTHOIUTY FOB 60VEBNUNT

mBPORATIONS FOB FISCAL YILUl ZOII

The Bill was not referred to aHouse 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 HDI 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 ofH B 17-123 HOI SSl

H B 17-123 HD1 SSt WAS RETURNED TO THE HOUSE OF REPRESENTATIVES ON OCTOBER 8 2010

The House of Representatives aecepted the Senate amendments and passed H B 17-123 HDI SSI during its II th Day Second Regular Session on October 8 2010

Evelyn C I g House Clerk

Purpose

PUBLIC LAW NO 17-21

Sewntelmtn Legislilttm oftlie

Commt) li of tlie Nortnem Mariana Isfmufs

IN THE HOUSE OF REPRESENTATIVES

11th Day Second Regular Session

October 8 2010

B B 111231 BOIOI SSI

AN ACT

To make appropriations for the operations and activities of the Government of the Commonwealth of the Northern Mariana Islands its agencies instrnmentalities 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 10I Short Title This Act may be cited as the Appropriations

3 and Budget Authority Act 0[2011

4 Section 102 This Act appropriates local funds for the

5 operations and activities of the Government of the Northern Mariana Islands its

6 agencies instmmentalities independent agencies and political subdivisions and

7 provides authority for government corporations for Fiscal Year 2011 commencing

8 October 12010 and ending September 30 201 1

9 Section 103 Definitions As used in this Act

10 ( a) BU means business unit

PUBLIC LAW NO 17-21

BILL

I (b) Government of the Commonwealth of the Northern Mariana Islands

2 includes

3 (1) Legislative Branch which includes the following business

4 units

5 1722 House of Representative Salaries

6 New House Member Account amp Employees

7 New House Leadership Account

8 1770 Legislative Bureau

9 1799 Retirement Fund Contribution

10 1593 Youth Congress

11 1762 Senator Salaries

12 New Senate Members Account amp Employees

13 New Senate Leadership Account

14 (2) Judicial Branch which includes the following

IS 1690 Superior Court

16 1691 Supreme Court

17 1692 Law Revision Commission

18 1694 Judicial Administration

19 (3) Executive Branch which includes the following departments

20 and offices

21 (A) Offices of the Governor which includes business

22 units

23 lOl l Office of the Governor

-2-

13

PUBLIC LAW NO 17-21

SSt

1 1021 Governors Discretionary Account

2 1050 Lt Governors Office

3 1051 Lt Governors Discretionary Account

4 1014 Management and Budget

5 1016 Administrative Services

6 1017 Governors Press Secretary

7 1018 Programs and Legislation

8 IOJ9 Emergency Management Office

9 1020 Youth Affairs

10 1023 Board of Parole

11 1026 Personnel Management

12 1027 Personnel Management - Tinian

1028 Personnel Management - Rota

14 1033 Scholarship Fund

15 1190 Public Defender

16 1201 Carolinian Affairs

17 1202 Indigenous Affairs

18 1251 Veterans Affairs

19 1260 Womens Affairs

20 1492 DEQ Environmental Protection

21 1493 DEQ Litter Control

22 1494 DEQ - Tinian

23 1495 DEQ- Rota

- 3 -

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

(C)

includes business units

PUBLIC LAW NO

HOUSE BILL

1496 DEQ Groundater Protection

1555 Zoning

35011583 WIA

1584 CJPA

1915 Vocational Rehabilitation

(B) Office of the Attorney General which includes business units

1170 Attorney Generals Office

1185 AGO Cons1llller Counsel

1187 AGO - Investigations

1188 AGO - Special Investigations

Department of Community and Cultural

1200 CCA - Secretarys Office

1220 CCA - DivfYouth 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 ChamoIToCaroIinian Language Commission

(D) Department of Commerce which includes business units

1300 Commerce - Secretarys Office

-4-

17-21

Affairs which

17-123 HDI

15

- 5-

PUBLIC LAW NO 17-21

HOUSE BILL SSt

I 1310 Commerce - Economic Dev

2 1331 Commerce - Central Statistics

3 1332 Commerce - ABTC

4 1333 Commerce - Enforcement

5 (E) Department of Corrections which includes business units

6 1335 Department of Corrections

7 (F) Department of Finance which includes business units

8 1100

9 1110

10 1120

11 1130

12 1140

13 1150

14 1160

DOF - Secretarys Office

DOF Finance and Accounting SPN

DOF Treasury

DOF Revenue and Taxation - Saipan

DOF Procurement -Saipan

DOF Customs - Saipan

DOF Electronic Data Processing

(G) Department of Labor which includes business units

16 1275 Labor - Secretarys Office

17 1280 Labor - Labor

18 1283 Administrative Hearing Office

19 1330 Labor - Employment Services

20 3430 Labor - Enforcement Fund

21 (H) Department of Lands and Natural Resources which includes

22 business units

23 1400 DLNR - Secretarys Office

17

PUBLIC LAW NO 17-21

SSt

1 1410 DLNR - Agriculture - Saipan

2 1420 DLNR - Fish amp Wildlife - Saipan

3 1440 DLNR - Parks amp GrOlUlds

4 1461 DLNR - Soil amp Water (SPN amp NI)

5 1467 DLNR - Land Registration amp Survey

6 (1) Department of Public Health which includes business units

7 1804 DPH - Cormnonwealth Health Center

8 1878 DPH - Medical Supplies

9 1901 DPH - Secretarys Office

10 1905 DPH - Environmental Services (SPN)

II 1925 DPH - Mental Health amp Social Services

12 1951 DPH - Medicaid Reimbursement

13 1952 DPH-CHIP

14 1970 DPH - Dental Services - Salpan

15 1976 DPH - General Public Health

16 1979 DPH - Medical Referral

1980 DPH - Medicaid Administration

18 1983 DPH -Childrens Development amp Assistance Center

19 1984 DPH - Transitional Living Center

20 (1) Department of Public Lands which includes business units

21 1950 Department of Public Lands

22 (K) Department of Public Safety which includes business units

23 1340 DPS - Commissioners Office

-6-

13

14

15

16

17

-7 -

PUBLIC LAW NO 17-21

1

2

3

4

5

6

7

8

9

10

11

12

1350 DPS laquo Police -Saipan

1362 DPS laquo Administrative Div

1365 DPS - Bureau of Motor Vehicles

1370 DPSlaquo Investigative Div

1380 DPS -Fire

1390 DPSlaquo Boating Safety

1360 DPS laquo Training and Academy

1361 DPS -Criminal Justice Information Systems

(L) Department of Public Works which includes business units

1470 DPW laquo Building Safety Code

1471 DPW -Secretarys Office

1480 DPW -Operations amp Maintenance (SPN)

1484 DPW -Roads and Grounds Div

1485 DPW - Solid Waste Management

1486 DPW -TransAutolHeavy Equipment Div

1490 DPW - Technical Services

(4) First Senatorial District (Rota) which includes the following

18 business units

19 1065 Office of the Mayor -Rota

20 1068 Mayors Contingency Fund

21 1066 Municipal Council - Rota

22 1112 DOF -Finance amp Acctg -Rota

23 1132 DOF -Revenue amp Tax - Rota

17-123HDl

14

PUBLIC LAW NO 17-21

HOUSE BILL SSt

1 1I42 Hnance - Procurement - Rota

2 1152 OOF - Customs - Rota

3 1232 Historic Preservation - Rota

4 1272 CCA - Sports amp Recreation- Rota

5 1282 DOL - Labor - Rota

6 1312 Commerce - Economic Dev - Rota

7 1352 DPS - Police - Rota

8 1353 DPS - Property and Protection Fire

9 1412 DLNR - Agriculture - Rota

10 1422 DLNR - Fish amp Wildlife - Rota

11 1442 DLNR - Parks amp Recreation - Rota

12 1463 DLNR - Soil amp Water Cons

13 1468 DLNR - Land Registration amp Survey

1482 DPW - Operations amp Maintenance - Rota

15 1523 Public Library - Rota

16 1912 OPH - Public Health - Rota

17 1957 OPH - Environmental Health - Rota

18 1989 OPH - Dental Services - Rota

19 3421 Youth Training

20 (5) Second Senatorial District (Tinian and Aguiguan) which

21 includes the following business units

22 1063 Mayor of Tinian - Office

23 1067 Mayors Contingency Fund

- 8 -

13

14

15

- 9-

1 1064

2 1111

3 1131

4 1141

5 1I51

6 1231

7 1271

8 1281

9 1311

10 1351

11 1411

12 1421

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 HDl SSt

Municipal Council - Timan

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

1441 DLNR - Parks amp Recreationmiddot Tinian

1462 DLNR - Soil amp Water Cons - Tinian

1481 DPW - Operations amp Maintenance - Tinian

16 1524 Public Library - Tinian

17 1906 DPH - Public Health - Tinian

18 1907 DPH - Dental Services - Tinian

19 1911 DPH - Environmental Health - Tinian

20 3420 Youth Training

21 (6) Third Senatorial District (Saipan and the Northern Islands)

22 which includes the following governmental offices

23 1060 Mayor of Northern Islands

HDlSSI

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

(7)

for which budget authority is herein provided including the following

(8) Boards

business units

(9) Other Programs

following business units

PUBLIC LAW NO 17-21

HOUSE BILL 17middot123

1061 Mayor of Saipan - Mayors Office

1059 Mayors Contingency Account

1062 Saipan and Northern Islands - Municipal Council

All government corporations as defined in 1 CMC sect7103(n)

(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

(0) Public Utilities Commission

and Commissions which includes the

1540 Civil Service Commission

1551 Commission on Election

1556 Board of Professional Licensing

and Autonomous Agencies which includes the

1600 Workers Compensation Commission

160 I Governor Lt Gov Pension

1602 Retirement COLA PL 5-38-39-25

1603 NMlOIC

- 10-

following

13

14

15

16

19

23

PUBLIC LAW NO 17-21

1 Aetna R-Off amp Ret

2 (l0) Public Corporations which includes the following business

3 units

4 1605 Northern Marianas College

5 3450 NMC- Apprentice Program

6 1606 Marianas Visitors Authority

7 1001 Board Of Education

8 1607 Public School System

9 (c) Independent programs means government programs under

10 separate boards established by law (unless receiving appropriations or

II budget authority under another heading) specialized general items of

12 appropriations and those non-profit corporations and associations or

organizations established outside of the Governm ent of the

Commonwealth of the Northern Mariana Islands to which the

Commonwealth Government provides financial assistance including

business units

17 1592 Joeten-Kiyu Public Library

18 1515 Public Assistance Program Matching Funds

1623 Judgments Against Government

20 3661 Commonwealth Museum

21 New La Fiesta Lease

22 1549 Council for the Human ities

1562 Ayuda Network

- II -

14

19

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 HOISSI

1 1568

2 1570

3 1577

4 1580

5 1591

Domestic Violence

National Governors Association

Karidat

Micronesian Legal Services

Utilities - CNMl Government

6 (d) Local funds means locally generated revenues and revenues

7 received pursuant to Section 702 (a) of the Covenant

8 (e) Operations means appropriations for all lawful activities

9 other than personnel

10 (f) Personnel means appropriations for salaries employers

1 1 contribution to the Northern Marianas Retirement Fund the Defined

12 Contribution Plan overtime night differential hazardous pay and other

13 employee wages and benefits

(g) Position or Full-Time Equivalent (FIE) means the

15 maximum number of persons that may be employed pursuant to Article

16 X Section 7 of the Commonwealth Constitution but does not include

17 Workforce Investment Agency substitute teachers summer trainees

18 teacher aides physicians licensed professional nurses and licensed allied

health providers working part-time and paid only for instructional time

20 student teacher trainees or short-term specialized instructors such as

21 visiting artists performers writers and the like For purposes of this

22 exception part-time means employment not exceeding 40 hours in any

23 biweekly pay period and short-term means not more than 90

- 12 -

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

lt$2134500gt

lt$16606000gt

23 1132565000

PUBLIC LAW NO 17-21

SSt

instructional days employment within the Public School System during the

fiscal year

CHAPTER II ESTIMATED REVENUES

Section 201 Estimated Revenues Pursuant to House Concurrent

Resolution No 17-2 HDI the total estimated revenues and resources approved

and identified for fY 2011 are as follows

I 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 Excisc 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) MY 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) 20078 refunding bond payment

(c) Deficit Reduction $

Subtotal

(d) Net fY 2011 budgetary resources available for appropriation

- 13 -

(e) Department

HDl

$2820866

$J3538

Suspension Earmarked

Appropriation Budget Authority

14

15

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 SSI

I of Public Lands

2 Grand Total

3 Notwithstanding CMC 7204 funds appropriated for FY2011 shall be

4 allotted monthly

5 Seetion 202 of 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 [WlA] and 50 to the

Retirement Fund)

CHAPTER III

16 GOVERNMENT CORPORATIONS AND DESIGNATED

17 AGENCIESACTIVITIES

18 Section 301 and 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 shaH not be

22 incurred or committed and hiring in excess of FTE ceilings is prohibited unless

- 14 -

ACTIVITIES FTE OPERATIONS

5O97122 $79118379 84215501

CertificatiQn

Reporting Requirement

19

23

PUBLIC LAW NO 17-21

1 authorized by a legislative joint resolution in accordance with Section 7 Article X

2 of the NMI Constitution

3 PERSONNEL 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 ------bullbull -----

7 (d) Commonwealth Utilities COrPOration no submittal

8 (e) NM Housing Corporation 24 1110989 1113108 2224097

9 (I) NMI Ret Fund 27 1353669 76659330 78012999

10 (g) Office of the Public Auditor 30 1818525 755700 2574225

II (h) Public Utilities Commission 55553 137550 193103

12 Grand Total l2

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

IS indicated above

16 Section 302 Prior 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

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

Section 303 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

- IS -

HD1SSI

1

2

3

4

5 Management

6

7

8

9

10

11

12

13

14

15

16

17

18 Ceiling

19

20

21

22 Expenditure Authority

PUBLIC LAW NO 17-21

HOUSE BILL 17-123

for personnel and operations of each governnIent 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

CHAPTER IV ADMINISTRATION OF APPROPRIATED FUNDS

Section 401 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 of Finance 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

(a) Employment Ceilings Pursuant to Article X sect 7 of the

Commonwealth Constitution the employment ceilings are hereby established as

set forth herein

Section 404

- 16-

17-123 HD1

13

14

15

PUBLIC LAW NO 17-21

HOUSE BILL SS1

I (a) The distribution and expenditure of funds shall be in compliance with

2 the fiscal expenditure authority the listed agencies have pursuant to statute and the

3 administrative provisions of this Act as set forth herein

4 (b) Except as provided in this Act the funds appropriated pursuant to this

5 Act shall be expended by the respective expenditure authority pursuant to I CMC

6 sectsect 7401 and 7503

7 (c) For the Ground Water Management and Protection Act Fund

8 expenditure authority is vested in the Director of the Division of Environmental

9 Quality

10 (d) For all government agencies receiving appropriated funds for

11 personnel or staff housing administrative and expenditure authority over housing

12 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

16 in the Family Violence Task Force chairperson with concurrence of the Family

17 Violence Task Force coordinator

18 (1) For Crime Stoppers International the chairperson of the board of the

19 directors shall be the expenditure authority

20 (g) For Independent Programs unless othernise provided in this Act or in

21 any other provision of law expenditure authority shall be vested in the Secretary

22 of Finance

23 CHAPTER V REPROGRAMMING AUTHORITY

- 17 -

Reprogramming Authority

BDI

Hiring

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 SSI

I

2 this act authority to reprogram

3

4

5 Governor shall have 100 reprogramming authority on funds

6

7

8

9

10

11 funds federal law federal grant

12 prohibitions and deposit and other

13 security and the financing of public

14 projeets

15

16 of $7539509 included in the

17

18

19

20

21

Section SOl

(a) Unless otherwise specified in

appropriated funds shall be as provided under 1 CMC sectsect 7402 and 7504

(b) Provided however I CMC sectsect 7402 (b) is hereby suspended for the

period of this Act

appropriated under Section 704 of this Act

(c) Notwithstanding any law to the contrary the Governors authority to

reprogram funds under this section shall include the authority to reprogram funds

available to all public corporations agencies and entities of the Commonwealth

Government upon approval by joint approval of the legislature provided that such

are not restricted from reprogramming by

conditions Commonwealth constitutional

restrictions related to bond covenants

CHAPTER VI SUPPLEMENTAL ADMINISTRATIVE PROVISIONS

Section 601 Utilities The amount

Independent Programs shall be appropriated for the payment of utilities for the

branches departments and agencies of the Commonwealth government except

the business units listed in Section I03(b )(7) and the Public School System and

the Northern Marianas College

Section 602 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

- 18 -

17-123

Litigation Expenditures

PUBLIC LAW NO 17-21

BOUSE BILL BDI SSt

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

II forth in Section 704 are contingent on this section remaining in this Appropriation

12 Act

13 Section 603 Restricted

14 Except for the governor the attorney general the chief justice of the

IS 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 thcir authority The terms agency and agencies as used in this section shall be

- 19-

1

2

3

4

5

6

7

8

9

10

11 Legal Holidays

12

13

14

15

16

17

18

19

20

21

22

23

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 HDl SSt

liberally construed to include all instrumentalities and subdivisions of the

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

of Finance

Section 605

(a) The following laws and regulations providing for payment of legal

holidays are repealed during fiscal year 2011

ICMCsect312 andsect313

Title 10 NMIAC sectlO-1O-135G) (Excepted Service)

Title 10 NMIAC sect 1 0-202-346 (Civil Service Executive Branch)

Title 10 NMIAC sect10-30middot344 (Civil Service Judicial Branch)

Title 40 NMIAC sect40-40-425 (Commonwealth Ports Authority)

Title 60 NMIAC sect60-30l-444 (Public School System)

Title 100 NMIAC sect 100middot50-430 (Northern Marianas Housing

Corporation)

Title 120 NMIAC sect120-1Omiddot230 (Excepted Service) and

Title 130 NMIAC 130middot20-330 (Office of the Public Auditor)

- 20 -

17-123 HDl

In

PUBLIC LAW NO 17-21

regular salary

receive leave with pay

employees if they

Section 701

HOUSE BILL SSl

1 (b) Any employee required to work on a legal holiday shall be paid hislher

2

3 (c) From the legal holidays listed in I CMC sect311 the Governor may

4 select one or more legal holidays for fiscal year 2011 for which employees shall

5

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 have available funds in their personnel account

9 CHAPTER VII APPROPRIATIONS

10 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 of expenditure by

21 (I) A reduction in work hours

22 (2) A reduction in wages

23 (3) Furlough

- 21 -

$2934762 $388085

Legislative

$3322847

14

19 45

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 HDl SSl

I (4) A reduction in force

2 (5) A reduction in expenditures for all others or

3 (6) A combination of reductions under subsections (I) 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 acconnts 1 CMC sect7402(c) is

10 suspended for the period that this Act is in effect

II (f) Provided however that during the period of this Act no funds shall be

12 reprogrammed from non-personnel acconnts to personnel accounts to increase any

13 salaries from its current level

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 7959n

Superior Court 1714552 160961 1875513

20 Administration 13 295435 217240 512675

21 Law Revision Comm 5 132442 6245 138687

22 TOTAL 74

23 Section 703 Branch

22

17-123

20000 ll

954597

PUBLIC LAW NO 17-21

HOUSE BILL HDl SSI

1 (a) In accordance with Article II sectJ6(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 eontribution and non-personnel expenses as listed

4 below of the Legislative branch

5 FIE PERSONNEL OPERATIONS TOTAL

6 House Members Salary 20 954597

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

House Members Allocation

House Leadership Allocation

Senate

Senate Members Allocation

Senate Leadership Allocation

Legislative Bureau

CNMI Youth Congress

100 1700000 1700000

138000 138000

9 431141 431141

45 765000 765000

138000 138000

28 1274764 167000 1441764

1 2 67 1lltIT

TOTAL 203 $2681669 $2928000 $5609669

(b) Salaries of Legislative Members

( l) The amount appropriated under this section to the House of

Representatives under personnel shall be used to fund the salaries and

benefits of the members of the House of Representatives The expenditure

authority for the amounts appropriated shall be the Secretary of Finance

(2) The amount appropriated under this section to the Senate under

personnel shall be used to fund the salaries and benefits of the members of the

Senate The expenditure authority for the amounts appropriated shall be the

Secretary of Finance

(c) House Members Office Accounts and Employees

23

HDI

14

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 SSt

1 (I) The Department of Finance shall establish and assign a number to a

2 new business unit account entitled House Members Office Accounts for the

3 appropriation for House Members Allocation Another new business unit

4 account entitled Senate Members Office Accounts for the appropriation for

5 Senate Members Allocation Under each of these said accounts an equal

6 amount of the appropriation shall be alloeated to subac ount further established

7 thereunder for each member of the respective house for the operations of the

8 members office as permitted under section 16 of article II of the CNMI

9 Constitution applicable laws and the rules of the legislative body to which the

10 member was elected

II (2) Notwithstanding I CMC sect7401(c) to the contrary each member

12 shall be the expenditure authority of the funds allocated to their indi vidual sub-

13 account

(3) Funds allocated for the operation of the members office including

15 but not limited to the personnel costs of the members employees and

16 expenditures as authorized by the adopted rules of the Senate in the case of the

17 Senate member or the adopted rules of the House of Representatives in the case

18 of a House member such as a monthly stipend to defray travel and incidental

19 expenses for the purpose of attending to legislative business outside the

20 members senatorial district

21 (4) Allocation ofFTEs among House members shall be governed by the

22 rules of the House

24

13

14

15

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 HDI SSI

I (5) Allocation of FTEs among Senate members shall be governed by

2 the rules of the Senate

3 (d) Senate and House Leadership Accounts

4 (1) The Department of Finance shall establish and assign a number to

5 two new business unit accounts one entitled House Leadership Account for

6 the appropriation in the amount of $ l38000 under All Others and another

7 new business unit account entitled Senate Leadership Account for the

8 appropriation in the amount of$138000 under All Others

9 (2) The presiding officer of each respective house or his lawfully

10 authorized designee shall be the expenditure authority and shall use such funds

II to support the operations and activities of the House of Representatives and

12 Senate in aceordance 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

16 the Legislative Bureau shall be the Director of the Legislative Bureau or his or her

17 lawfully authorized designee

18 (f) Northern Marianas Youth Congress The expenditure authority is vested in

19 the Director of the Legislative Bureau with tbe consultation of the Speaker of the

20 Northern Mariana Islands Youth Congress

21 Section 704 Executive Branch

25

HDl

PERSONNEL

8

13

14

42

96

485

20

21

22

24

25

26

27

28

29

30

31

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 SSl

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 OPERATIONS TOTAL

5 Office of Gov 140

6 Attorney General

7 Commerce 32

Comm amp Cult Affairs 88

9 Corrections

10 Finance 163

11 Labor 44

12 Lands amp Natural Res 98

Public Health

Public Safety 258

15 Public Works 129

16 Total 1575 $45120729 $14184384 $593651l3

17 Section 705 First Senatorial District - Rota

18 (a) There is hereby appropriated the following amounts to fund the personnel

19 and non-personnel expenses as listed below of the First Senatorial District

FfE PERSONNEL OPERATIONS TOTAL

Mayor 99

Municipal Conn II

23 Commerce (econ Dev) 8

CampCA ]0

Police (DPS) 34

Fire 12

Finance amp Actg 3

Revenue amp Tax 3

Customs 6

Procurement amp Supply 2

Labor 7

26

17-123 HDl

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

] 6

17

18

19

20

21

22

23

24

25

26

Agriculture

Historic Preservation

Lands Regisamp Survey

Fish amp Wildlife

Parks amp Recreation

Soil amp Water Consv

Rota Health Center

Dental Services

DPH Med Referral

Environmental Health

Public Works

Total

PUBLIC LAW NO 17-21

HOUSE BILL SSl

20

4

6

5

4

1

51

4

5

2

23

320 $5677593 $576487 $6256080

(b) The Rota Legislative Delegation shall determine by Local Delegation

Resolution the allocation of the funds appropriated for the First Senatorial District

(c) Except as provided in this section the Mayor of Rota shall have authority to

expend obligate encumber or otherwise eommit the funds appropriated to the First

Senatorial District Notwithstanding any law to the contrary the Mayor of Rota shall

have 100 reprogramming authority of the funds appropriated in this Act

Appropriations to the Municipal Council shall be divided and distributed equally to

each member of the Municipal Council Each Municipal Council member shall be the

expenditure authority of funds distributed to himlher Additionally in accord with the

Superior Courts decision in the case of Inos v Tenorio the Mayors shall also have

expenditure authority over resident government departments in the First and Second

senatorial districts respectively unless the Governor revokes expenditure authority in a

manner consistent with the Superior Courts holding in Inos v Tenorio to wit

expenditure authority over resident departments that are primarily concerned lith the

27

Aguiguan

17

PUBLIC LAW NO 17-21

BOUSE BILL 17-123 BDt SSt

I delivery of public services can be revoked only on a prior showing of just cause but

2 the Governor has discretion to revoke expenditure authority over those departments

3 that are primarily concerned with enforcing the law

4 (e) Rota Health Center Three hundred forty thousand ($34000000) from the

5 First Senatorial Districts budget appropriation is hereby allocated to pay for

6 professional services for nurses technicians and other medical and auxiliary

7 professionals as needed including one mental health counselor in the amount of Thirty

8 Three Thousand Dollars ($3300000)

9 (d) DPS Cadets One hundred seven thousand seven hundred eighty

10 ($10778000) from the First Senatorial Districts budget appropriation is hereby

11 allocated for five (5) Full Time Equivalents (FTEs) for the Rota Department of Public

12 Safety of the total 329 FTEs to fully fund the five (5) 2010 DPS Academy graduates

13 from the First District who shall be placed as FTEs within the Rota Department of

14 Public Safety Any shortfall for overtime retirement or benefits shall be borne by the

15 municipality

16 (e) Dentist Seventy-seven thousand two hundred dollars ($77200) from the

First Senatorial Districts budget appropriation is hereby allocated for one (1) Full

18 Time Equivalent (FTE) to hire a dentist

19 Section 706 Second Senatorial District - Tinian amp

20 (a) There is hereby appropriated the following amounts to fund the personnel

21 and non-personnel expenses of the Second Senatorial District as listed below

22 [j PERSONNEL OPERATIONS TOTAL

28

PUBLIC LAW NO 17-21

Sewnteentn Lesfol4ture oftlie

C1i oftIie NortkmMarioM Isf4nlfs

IN THE HOUSE OF REPRESENTATIVES

11th Day Second Regular Session

October 8 2010

Representative Ramon S Basa of Saipan Precinct 5 (for himsetj Representatives Felicidad T Ogumoro) in an open and public meeting with an opportunity for the public to comment introduced the following Bill

B B17-123

AN ACT

TO lUKE APPBOPRIATIONS FOB THE OPERATIONS AND

ACTlul1ES OF THE 6OVEBlUIEIn OF THE m OtnRAlTH OF THE NOBTBEBN BAlUANA ISlANDS ITS AGENCIES

INSTBUDNTJlLITIES AND INDEPENDENT PBOGUBS AND

TO PBOVIDE BUDGET AUTHOIUTY FOB 60VEBNUNT

mBPORATIONS FOB FISCAL YILUl ZOII

The Bill was not referred to aHouse 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 HDI 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 ofH B 17-123 HOI SSl

H B 17-123 HD1 SSt WAS RETURNED TO THE HOUSE OF REPRESENTATIVES ON OCTOBER 8 2010

The House of Representatives aecepted the Senate amendments and passed H B 17-123 HDI SSI during its II th Day Second Regular Session on October 8 2010

Evelyn C I g House Clerk

Purpose

PUBLIC LAW NO 17-21

Sewntelmtn Legislilttm oftlie

Commt) li of tlie Nortnem Mariana Isfmufs

IN THE HOUSE OF REPRESENTATIVES

11th Day Second Regular Session

October 8 2010

B B 111231 BOIOI SSI

AN ACT

To make appropriations for the operations and activities of the Government of the Commonwealth of the Northern Mariana Islands its agencies instrnmentalities 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 10I Short Title This Act may be cited as the Appropriations

3 and Budget Authority Act 0[2011

4 Section 102 This Act appropriates local funds for the

5 operations and activities of the Government of the Northern Mariana Islands its

6 agencies instmmentalities independent agencies and political subdivisions and

7 provides authority for government corporations for Fiscal Year 2011 commencing

8 October 12010 and ending September 30 201 1

9 Section 103 Definitions As used in this Act

10 ( a) BU means business unit

PUBLIC LAW NO 17-21

BILL

I (b) Government of the Commonwealth of the Northern Mariana Islands

2 includes

3 (1) Legislative Branch which includes the following business

4 units

5 1722 House of Representative Salaries

6 New House Member Account amp Employees

7 New House Leadership Account

8 1770 Legislative Bureau

9 1799 Retirement Fund Contribution

10 1593 Youth Congress

11 1762 Senator Salaries

12 New Senate Members Account amp Employees

13 New Senate Leadership Account

14 (2) Judicial Branch which includes the following

IS 1690 Superior Court

16 1691 Supreme Court

17 1692 Law Revision Commission

18 1694 Judicial Administration

19 (3) Executive Branch which includes the following departments

20 and offices

21 (A) Offices of the Governor which includes business

22 units

23 lOl l Office of the Governor

-2-

13

PUBLIC LAW NO 17-21

SSt

1 1021 Governors Discretionary Account

2 1050 Lt Governors Office

3 1051 Lt Governors Discretionary Account

4 1014 Management and Budget

5 1016 Administrative Services

6 1017 Governors Press Secretary

7 1018 Programs and Legislation

8 IOJ9 Emergency Management Office

9 1020 Youth Affairs

10 1023 Board of Parole

11 1026 Personnel Management

12 1027 Personnel Management - Tinian

1028 Personnel Management - Rota

14 1033 Scholarship Fund

15 1190 Public Defender

16 1201 Carolinian Affairs

17 1202 Indigenous Affairs

18 1251 Veterans Affairs

19 1260 Womens Affairs

20 1492 DEQ Environmental Protection

21 1493 DEQ Litter Control

22 1494 DEQ - Tinian

23 1495 DEQ- Rota

- 3 -

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

(C)

includes business units

PUBLIC LAW NO

HOUSE BILL

1496 DEQ Groundater Protection

1555 Zoning

35011583 WIA

1584 CJPA

1915 Vocational Rehabilitation

(B) Office of the Attorney General which includes business units

1170 Attorney Generals Office

1185 AGO Cons1llller Counsel

1187 AGO - Investigations

1188 AGO - Special Investigations

Department of Community and Cultural

1200 CCA - Secretarys Office

1220 CCA - DivfYouth 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 ChamoIToCaroIinian Language Commission

(D) Department of Commerce which includes business units

1300 Commerce - Secretarys Office

-4-

17-21

Affairs which

17-123 HDI

15

- 5-

PUBLIC LAW NO 17-21

HOUSE BILL SSt

I 1310 Commerce - Economic Dev

2 1331 Commerce - Central Statistics

3 1332 Commerce - ABTC

4 1333 Commerce - Enforcement

5 (E) Department of Corrections which includes business units

6 1335 Department of Corrections

7 (F) Department of Finance which includes business units

8 1100

9 1110

10 1120

11 1130

12 1140

13 1150

14 1160

DOF - Secretarys Office

DOF Finance and Accounting SPN

DOF Treasury

DOF Revenue and Taxation - Saipan

DOF Procurement -Saipan

DOF Customs - Saipan

DOF Electronic Data Processing

(G) Department of Labor which includes business units

16 1275 Labor - Secretarys Office

17 1280 Labor - Labor

18 1283 Administrative Hearing Office

19 1330 Labor - Employment Services

20 3430 Labor - Enforcement Fund

21 (H) Department of Lands and Natural Resources which includes

22 business units

23 1400 DLNR - Secretarys Office

17

PUBLIC LAW NO 17-21

SSt

1 1410 DLNR - Agriculture - Saipan

2 1420 DLNR - Fish amp Wildlife - Saipan

3 1440 DLNR - Parks amp GrOlUlds

4 1461 DLNR - Soil amp Water (SPN amp NI)

5 1467 DLNR - Land Registration amp Survey

6 (1) Department of Public Health which includes business units

7 1804 DPH - Cormnonwealth Health Center

8 1878 DPH - Medical Supplies

9 1901 DPH - Secretarys Office

10 1905 DPH - Environmental Services (SPN)

II 1925 DPH - Mental Health amp Social Services

12 1951 DPH - Medicaid Reimbursement

13 1952 DPH-CHIP

14 1970 DPH - Dental Services - Salpan

15 1976 DPH - General Public Health

16 1979 DPH - Medical Referral

1980 DPH - Medicaid Administration

18 1983 DPH -Childrens Development amp Assistance Center

19 1984 DPH - Transitional Living Center

20 (1) Department of Public Lands which includes business units

21 1950 Department of Public Lands

22 (K) Department of Public Safety which includes business units

23 1340 DPS - Commissioners Office

-6-

13

14

15

16

17

-7 -

PUBLIC LAW NO 17-21

1

2

3

4

5

6

7

8

9

10

11

12

1350 DPS laquo Police -Saipan

1362 DPS laquo Administrative Div

1365 DPS - Bureau of Motor Vehicles

1370 DPSlaquo Investigative Div

1380 DPS -Fire

1390 DPSlaquo Boating Safety

1360 DPS laquo Training and Academy

1361 DPS -Criminal Justice Information Systems

(L) Department of Public Works which includes business units

1470 DPW laquo Building Safety Code

1471 DPW -Secretarys Office

1480 DPW -Operations amp Maintenance (SPN)

1484 DPW -Roads and Grounds Div

1485 DPW - Solid Waste Management

1486 DPW -TransAutolHeavy Equipment Div

1490 DPW - Technical Services

(4) First Senatorial District (Rota) which includes the following

18 business units

19 1065 Office of the Mayor -Rota

20 1068 Mayors Contingency Fund

21 1066 Municipal Council - Rota

22 1112 DOF -Finance amp Acctg -Rota

23 1132 DOF -Revenue amp Tax - Rota

17-123HDl

14

PUBLIC LAW NO 17-21

HOUSE BILL SSt

1 1I42 Hnance - Procurement - Rota

2 1152 OOF - Customs - Rota

3 1232 Historic Preservation - Rota

4 1272 CCA - Sports amp Recreation- Rota

5 1282 DOL - Labor - Rota

6 1312 Commerce - Economic Dev - Rota

7 1352 DPS - Police - Rota

8 1353 DPS - Property and Protection Fire

9 1412 DLNR - Agriculture - Rota

10 1422 DLNR - Fish amp Wildlife - Rota

11 1442 DLNR - Parks amp Recreation - Rota

12 1463 DLNR - Soil amp Water Cons

13 1468 DLNR - Land Registration amp Survey

1482 DPW - Operations amp Maintenance - Rota

15 1523 Public Library - Rota

16 1912 OPH - Public Health - Rota

17 1957 OPH - Environmental Health - Rota

18 1989 OPH - Dental Services - Rota

19 3421 Youth Training

20 (5) Second Senatorial District (Tinian and Aguiguan) which

21 includes the following business units

22 1063 Mayor of Tinian - Office

23 1067 Mayors Contingency Fund

- 8 -

13

14

15

- 9-

1 1064

2 1111

3 1131

4 1141

5 1I51

6 1231

7 1271

8 1281

9 1311

10 1351

11 1411

12 1421

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 HDl SSt

Municipal Council - Timan

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

1441 DLNR - Parks amp Recreationmiddot Tinian

1462 DLNR - Soil amp Water Cons - Tinian

1481 DPW - Operations amp Maintenance - Tinian

16 1524 Public Library - Tinian

17 1906 DPH - Public Health - Tinian

18 1907 DPH - Dental Services - Tinian

19 1911 DPH - Environmental Health - Tinian

20 3420 Youth Training

21 (6) Third Senatorial District (Saipan and the Northern Islands)

22 which includes the following governmental offices

23 1060 Mayor of Northern Islands

HDlSSI

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(7)

for which budget authority is herein provided including the following

(8) Boards

business units

(9) Other Programs

following business units

PUBLIC LAW NO 17-21

HOUSE BILL 17middot123

1061 Mayor of Saipan - Mayors Office

1059 Mayors Contingency Account

1062 Saipan and Northern Islands - Municipal Council

All government corporations as defined in 1 CMC sect7103(n)

(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

(0) Public Utilities Commission

and Commissions which includes the

1540 Civil Service Commission

1551 Commission on Election

1556 Board of Professional Licensing

and Autonomous Agencies which includes the

1600 Workers Compensation Commission

160 I Governor Lt Gov Pension

1602 Retirement COLA PL 5-38-39-25

1603 NMlOIC

- 10-

following

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23

PUBLIC LAW NO 17-21

1 Aetna R-Off amp Ret

2 (l0) Public Corporations which includes the following business

3 units

4 1605 Northern Marianas College

5 3450 NMC- Apprentice Program

6 1606 Marianas Visitors Authority

7 1001 Board Of Education

8 1607 Public School System

9 (c) Independent programs means government programs under

10 separate boards established by law (unless receiving appropriations or

II budget authority under another heading) specialized general items of

12 appropriations and those non-profit corporations and associations or

organizations established outside of the Governm ent of the

Commonwealth of the Northern Mariana Islands to which the

Commonwealth Government provides financial assistance including

business units

17 1592 Joeten-Kiyu Public Library

18 1515 Public Assistance Program Matching Funds

1623 Judgments Against Government

20 3661 Commonwealth Museum

21 New La Fiesta Lease

22 1549 Council for the Human ities

1562 Ayuda Network

- II -

14

19

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 HOISSI

1 1568

2 1570

3 1577

4 1580

5 1591

Domestic Violence

National Governors Association

Karidat

Micronesian Legal Services

Utilities - CNMl Government

6 (d) Local funds means locally generated revenues and revenues

7 received pursuant to Section 702 (a) of the Covenant

8 (e) Operations means appropriations for all lawful activities

9 other than personnel

10 (f) Personnel means appropriations for salaries employers

1 1 contribution to the Northern Marianas Retirement Fund the Defined

12 Contribution Plan overtime night differential hazardous pay and other

13 employee wages and benefits

(g) Position or Full-Time Equivalent (FIE) means the

15 maximum number of persons that may be employed pursuant to Article

16 X Section 7 of the Commonwealth Constitution but does not include

17 Workforce Investment Agency substitute teachers summer trainees

18 teacher aides physicians licensed professional nurses and licensed allied

health providers working part-time and paid only for instructional time

20 student teacher trainees or short-term specialized instructors such as

21 visiting artists performers writers and the like For purposes of this

22 exception part-time means employment not exceeding 40 hours in any

23 biweekly pay period and short-term means not more than 90

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lt$2134500gt

lt$16606000gt

23 1132565000

PUBLIC LAW NO 17-21

SSt

instructional days employment within the Public School System during the

fiscal year

CHAPTER II ESTIMATED REVENUES

Section 201 Estimated Revenues Pursuant to House Concurrent

Resolution No 17-2 HDI the total estimated revenues and resources approved

and identified for fY 2011 are as follows

I 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 Excisc 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) MY 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) 20078 refunding bond payment

(c) Deficit Reduction $

Subtotal

(d) Net fY 2011 budgetary resources available for appropriation

- 13 -

(e) Department

HDl

$2820866

$J3538

Suspension Earmarked

Appropriation Budget Authority

14

15

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 SSI

I of Public Lands

2 Grand Total

3 Notwithstanding CMC 7204 funds appropriated for FY2011 shall be

4 allotted monthly

5 Seetion 202 of 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 [WlA] and 50 to the

Retirement Fund)

CHAPTER III

16 GOVERNMENT CORPORATIONS AND DESIGNATED

17 AGENCIESACTIVITIES

18 Section 301 and 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 shaH not be

22 incurred or committed and hiring in excess of FTE ceilings is prohibited unless

- 14 -

ACTIVITIES FTE OPERATIONS

5O97122 $79118379 84215501

CertificatiQn

Reporting Requirement

19

23

PUBLIC LAW NO 17-21

1 authorized by a legislative joint resolution in accordance with Section 7 Article X

2 of the NMI Constitution

3 PERSONNEL 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 ------bullbull -----

7 (d) Commonwealth Utilities COrPOration no submittal

8 (e) NM Housing Corporation 24 1110989 1113108 2224097

9 (I) NMI Ret Fund 27 1353669 76659330 78012999

10 (g) Office of the Public Auditor 30 1818525 755700 2574225

II (h) Public Utilities Commission 55553 137550 193103

12 Grand Total l2

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

IS indicated above

16 Section 302 Prior 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

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

Section 303 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

- IS -

HD1SSI

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18 Ceiling

19

20

21

22 Expenditure Authority

PUBLIC LAW NO 17-21

HOUSE BILL 17-123

for personnel and operations of each governnIent 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

CHAPTER IV ADMINISTRATION OF APPROPRIATED FUNDS

Section 401 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 of Finance 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

(a) Employment Ceilings Pursuant to Article X sect 7 of the

Commonwealth Constitution the employment ceilings are hereby established as

set forth herein

Section 404

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17-123 HD1

13

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PUBLIC LAW NO 17-21

HOUSE BILL SS1

I (a) The distribution and expenditure of funds shall be in compliance with

2 the fiscal expenditure authority the listed agencies have pursuant to statute and the

3 administrative provisions of this Act as set forth herein

4 (b) Except as provided in this Act the funds appropriated pursuant to this

5 Act shall be expended by the respective expenditure authority pursuant to I CMC

6 sectsect 7401 and 7503

7 (c) For the Ground Water Management and Protection Act Fund

8 expenditure authority is vested in the Director of the Division of Environmental

9 Quality

10 (d) For all government agencies receiving appropriated funds for

11 personnel or staff housing administrative and expenditure authority over housing

12 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

16 in the Family Violence Task Force chairperson with concurrence of the Family

17 Violence Task Force coordinator

18 (1) For Crime Stoppers International the chairperson of the board of the

19 directors shall be the expenditure authority

20 (g) For Independent Programs unless othernise provided in this Act or in

21 any other provision of law expenditure authority shall be vested in the Secretary

22 of Finance

23 CHAPTER V REPROGRAMMING AUTHORITY

- 17 -

Reprogramming Authority

BDI

Hiring

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 SSI

I

2 this act authority to reprogram

3

4

5 Governor shall have 100 reprogramming authority on funds

6

7

8

9

10

11 funds federal law federal grant

12 prohibitions and deposit and other

13 security and the financing of public

14 projeets

15

16 of $7539509 included in the

17

18

19

20

21

Section SOl

(a) Unless otherwise specified in

appropriated funds shall be as provided under 1 CMC sectsect 7402 and 7504

(b) Provided however I CMC sectsect 7402 (b) is hereby suspended for the

period of this Act

appropriated under Section 704 of this Act

(c) Notwithstanding any law to the contrary the Governors authority to

reprogram funds under this section shall include the authority to reprogram funds

available to all public corporations agencies and entities of the Commonwealth

Government upon approval by joint approval of the legislature provided that such

are not restricted from reprogramming by

conditions Commonwealth constitutional

restrictions related to bond covenants

CHAPTER VI SUPPLEMENTAL ADMINISTRATIVE PROVISIONS

Section 601 Utilities The amount

Independent Programs shall be appropriated for the payment of utilities for the

branches departments and agencies of the Commonwealth government except

the business units listed in Section I03(b )(7) and the Public School System and

the Northern Marianas College

Section 602 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

- 18 -

17-123

Litigation Expenditures

PUBLIC LAW NO 17-21

BOUSE BILL BDI SSt

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

II forth in Section 704 are contingent on this section remaining in this Appropriation

12 Act

13 Section 603 Restricted

14 Except for the governor the attorney general the chief justice of the

IS 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 thcir authority The terms agency and agencies as used in this section shall be

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6

7

8

9

10

11 Legal Holidays

12

13

14

15

16

17

18

19

20

21

22

23

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 HDl SSt

liberally construed to include all instrumentalities and subdivisions of the

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

of Finance

Section 605

(a) The following laws and regulations providing for payment of legal

holidays are repealed during fiscal year 2011

ICMCsect312 andsect313

Title 10 NMIAC sectlO-1O-135G) (Excepted Service)

Title 10 NMIAC sect 1 0-202-346 (Civil Service Executive Branch)

Title 10 NMIAC sect10-30middot344 (Civil Service Judicial Branch)

Title 40 NMIAC sect40-40-425 (Commonwealth Ports Authority)

Title 60 NMIAC sect60-30l-444 (Public School System)

Title 100 NMIAC sect 100middot50-430 (Northern Marianas Housing

Corporation)

Title 120 NMIAC sect120-1Omiddot230 (Excepted Service) and

Title 130 NMIAC 130middot20-330 (Office of the Public Auditor)

- 20 -

17-123 HDl

In

PUBLIC LAW NO 17-21

regular salary

receive leave with pay

employees if they

Section 701

HOUSE BILL SSl

1 (b) Any employee required to work on a legal holiday shall be paid hislher

2

3 (c) From the legal holidays listed in I CMC sect311 the Governor may

4 select one or more legal holidays for fiscal year 2011 for which employees shall

5

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 have available funds in their personnel account

9 CHAPTER VII APPROPRIATIONS

10 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 of expenditure by

21 (I) A reduction in work hours

22 (2) A reduction in wages

23 (3) Furlough

- 21 -

$2934762 $388085

Legislative

$3322847

14

19 45

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 HDl SSl

I (4) A reduction in force

2 (5) A reduction in expenditures for all others or

3 (6) A combination of reductions under subsections (I) 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 acconnts 1 CMC sect7402(c) is

10 suspended for the period that this Act is in effect

II (f) Provided however that during the period of this Act no funds shall be

12 reprogrammed from non-personnel acconnts to personnel accounts to increase any

13 salaries from its current level

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 7959n

Superior Court 1714552 160961 1875513

20 Administration 13 295435 217240 512675

21 Law Revision Comm 5 132442 6245 138687

22 TOTAL 74

23 Section 703 Branch

22

17-123

20000 ll

954597

PUBLIC LAW NO 17-21

HOUSE BILL HDl SSI

1 (a) In accordance with Article II sectJ6(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 eontribution and non-personnel expenses as listed

4 below of the Legislative branch

5 FIE PERSONNEL OPERATIONS TOTAL

6 House Members Salary 20 954597

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

House Members Allocation

House Leadership Allocation

Senate

Senate Members Allocation

Senate Leadership Allocation

Legislative Bureau

CNMI Youth Congress

100 1700000 1700000

138000 138000

9 431141 431141

45 765000 765000

138000 138000

28 1274764 167000 1441764

1 2 67 1lltIT

TOTAL 203 $2681669 $2928000 $5609669

(b) Salaries of Legislative Members

( l) The amount appropriated under this section to the House of

Representatives under personnel shall be used to fund the salaries and

benefits of the members of the House of Representatives The expenditure

authority for the amounts appropriated shall be the Secretary of Finance

(2) The amount appropriated under this section to the Senate under

personnel shall be used to fund the salaries and benefits of the members of the

Senate The expenditure authority for the amounts appropriated shall be the

Secretary of Finance

(c) House Members Office Accounts and Employees

23

HDI

14

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 SSt

1 (I) The Department of Finance shall establish and assign a number to a

2 new business unit account entitled House Members Office Accounts for the

3 appropriation for House Members Allocation Another new business unit

4 account entitled Senate Members Office Accounts for the appropriation for

5 Senate Members Allocation Under each of these said accounts an equal

6 amount of the appropriation shall be alloeated to subac ount further established

7 thereunder for each member of the respective house for the operations of the

8 members office as permitted under section 16 of article II of the CNMI

9 Constitution applicable laws and the rules of the legislative body to which the

10 member was elected

II (2) Notwithstanding I CMC sect7401(c) to the contrary each member

12 shall be the expenditure authority of the funds allocated to their indi vidual sub-

13 account

(3) Funds allocated for the operation of the members office including

15 but not limited to the personnel costs of the members employees and

16 expenditures as authorized by the adopted rules of the Senate in the case of the

17 Senate member or the adopted rules of the House of Representatives in the case

18 of a House member such as a monthly stipend to defray travel and incidental

19 expenses for the purpose of attending to legislative business outside the

20 members senatorial district

21 (4) Allocation ofFTEs among House members shall be governed by the

22 rules of the House

24

13

14

15

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 HDI SSI

I (5) Allocation of FTEs among Senate members shall be governed by

2 the rules of the Senate

3 (d) Senate and House Leadership Accounts

4 (1) The Department of Finance shall establish and assign a number to

5 two new business unit accounts one entitled House Leadership Account for

6 the appropriation in the amount of $ l38000 under All Others and another

7 new business unit account entitled Senate Leadership Account for the

8 appropriation in the amount of$138000 under All Others

9 (2) The presiding officer of each respective house or his lawfully

10 authorized designee shall be the expenditure authority and shall use such funds

II to support the operations and activities of the House of Representatives and

12 Senate in aceordance 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

16 the Legislative Bureau shall be the Director of the Legislative Bureau or his or her

17 lawfully authorized designee

18 (f) Northern Marianas Youth Congress The expenditure authority is vested in

19 the Director of the Legislative Bureau with tbe consultation of the Speaker of the

20 Northern Mariana Islands Youth Congress

21 Section 704 Executive Branch

25

HDl

PERSONNEL

8

13

14

42

96

485

20

21

22

24

25

26

27

28

29

30

31

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 SSl

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 OPERATIONS TOTAL

5 Office of Gov 140

6 Attorney General

7 Commerce 32

Comm amp Cult Affairs 88

9 Corrections

10 Finance 163

11 Labor 44

12 Lands amp Natural Res 98

Public Health

Public Safety 258

15 Public Works 129

16 Total 1575 $45120729 $14184384 $593651l3

17 Section 705 First Senatorial District - Rota

18 (a) There is hereby appropriated the following amounts to fund the personnel

19 and non-personnel expenses as listed below of the First Senatorial District

FfE PERSONNEL OPERATIONS TOTAL

Mayor 99

Municipal Conn II

23 Commerce (econ Dev) 8

CampCA ]0

Police (DPS) 34

Fire 12

Finance amp Actg 3

Revenue amp Tax 3

Customs 6

Procurement amp Supply 2

Labor 7

26

17-123 HDl

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

] 6

17

18

19

20

21

22

23

24

25

26

Agriculture

Historic Preservation

Lands Regisamp Survey

Fish amp Wildlife

Parks amp Recreation

Soil amp Water Consv

Rota Health Center

Dental Services

DPH Med Referral

Environmental Health

Public Works

Total

PUBLIC LAW NO 17-21

HOUSE BILL SSl

20

4

6

5

4

1

51

4

5

2

23

320 $5677593 $576487 $6256080

(b) The Rota Legislative Delegation shall determine by Local Delegation

Resolution the allocation of the funds appropriated for the First Senatorial District

(c) Except as provided in this section the Mayor of Rota shall have authority to

expend obligate encumber or otherwise eommit the funds appropriated to the First

Senatorial District Notwithstanding any law to the contrary the Mayor of Rota shall

have 100 reprogramming authority of the funds appropriated in this Act

Appropriations to the Municipal Council shall be divided and distributed equally to

each member of the Municipal Council Each Municipal Council member shall be the

expenditure authority of funds distributed to himlher Additionally in accord with the

Superior Courts decision in the case of Inos v Tenorio the Mayors shall also have

expenditure authority over resident government departments in the First and Second

senatorial districts respectively unless the Governor revokes expenditure authority in a

manner consistent with the Superior Courts holding in Inos v Tenorio to wit

expenditure authority over resident departments that are primarily concerned lith the

27

Aguiguan

17

PUBLIC LAW NO 17-21

BOUSE BILL 17-123 BDt SSt

I delivery of public services can be revoked only on a prior showing of just cause but

2 the Governor has discretion to revoke expenditure authority over those departments

3 that are primarily concerned with enforcing the law

4 (e) Rota Health Center Three hundred forty thousand ($34000000) from the

5 First Senatorial Districts budget appropriation is hereby allocated to pay for

6 professional services for nurses technicians and other medical and auxiliary

7 professionals as needed including one mental health counselor in the amount of Thirty

8 Three Thousand Dollars ($3300000)

9 (d) DPS Cadets One hundred seven thousand seven hundred eighty

10 ($10778000) from the First Senatorial Districts budget appropriation is hereby

11 allocated for five (5) Full Time Equivalents (FTEs) for the Rota Department of Public

12 Safety of the total 329 FTEs to fully fund the five (5) 2010 DPS Academy graduates

13 from the First District who shall be placed as FTEs within the Rota Department of

14 Public Safety Any shortfall for overtime retirement or benefits shall be borne by the

15 municipality

16 (e) Dentist Seventy-seven thousand two hundred dollars ($77200) from the

First Senatorial Districts budget appropriation is hereby allocated for one (1) Full

18 Time Equivalent (FTE) to hire a dentist

19 Section 706 Second Senatorial District - Tinian amp

20 (a) There is hereby appropriated the following amounts to fund the personnel

21 and non-personnel expenses of the Second Senatorial District as listed below

22 [j PERSONNEL OPERATIONS TOTAL

28

Purpose

PUBLIC LAW NO 17-21

Sewntelmtn Legislilttm oftlie

Commt) li of tlie Nortnem Mariana Isfmufs

IN THE HOUSE OF REPRESENTATIVES

11th Day Second Regular Session

October 8 2010

B B 111231 BOIOI SSI

AN ACT

To make appropriations for the operations and activities of the Government of the Commonwealth of the Northern Mariana Islands its agencies instrnmentalities 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 10I Short Title This Act may be cited as the Appropriations

3 and Budget Authority Act 0[2011

4 Section 102 This Act appropriates local funds for the

5 operations and activities of the Government of the Northern Mariana Islands its

6 agencies instmmentalities independent agencies and political subdivisions and

7 provides authority for government corporations for Fiscal Year 2011 commencing

8 October 12010 and ending September 30 201 1

9 Section 103 Definitions As used in this Act

10 ( a) BU means business unit

PUBLIC LAW NO 17-21

BILL

I (b) Government of the Commonwealth of the Northern Mariana Islands

2 includes

3 (1) Legislative Branch which includes the following business

4 units

5 1722 House of Representative Salaries

6 New House Member Account amp Employees

7 New House Leadership Account

8 1770 Legislative Bureau

9 1799 Retirement Fund Contribution

10 1593 Youth Congress

11 1762 Senator Salaries

12 New Senate Members Account amp Employees

13 New Senate Leadership Account

14 (2) Judicial Branch which includes the following

IS 1690 Superior Court

16 1691 Supreme Court

17 1692 Law Revision Commission

18 1694 Judicial Administration

19 (3) Executive Branch which includes the following departments

20 and offices

21 (A) Offices of the Governor which includes business

22 units

23 lOl l Office of the Governor

-2-

13

PUBLIC LAW NO 17-21

SSt

1 1021 Governors Discretionary Account

2 1050 Lt Governors Office

3 1051 Lt Governors Discretionary Account

4 1014 Management and Budget

5 1016 Administrative Services

6 1017 Governors Press Secretary

7 1018 Programs and Legislation

8 IOJ9 Emergency Management Office

9 1020 Youth Affairs

10 1023 Board of Parole

11 1026 Personnel Management

12 1027 Personnel Management - Tinian

1028 Personnel Management - Rota

14 1033 Scholarship Fund

15 1190 Public Defender

16 1201 Carolinian Affairs

17 1202 Indigenous Affairs

18 1251 Veterans Affairs

19 1260 Womens Affairs

20 1492 DEQ Environmental Protection

21 1493 DEQ Litter Control

22 1494 DEQ - Tinian

23 1495 DEQ- Rota

- 3 -

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3

4

5

6

7

8

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13

14

15

16

17

18

19

20

21

22

23

(C)

includes business units

PUBLIC LAW NO

HOUSE BILL

1496 DEQ Groundater Protection

1555 Zoning

35011583 WIA

1584 CJPA

1915 Vocational Rehabilitation

(B) Office of the Attorney General which includes business units

1170 Attorney Generals Office

1185 AGO Cons1llller Counsel

1187 AGO - Investigations

1188 AGO - Special Investigations

Department of Community and Cultural

1200 CCA - Secretarys Office

1220 CCA - DivfYouth 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 ChamoIToCaroIinian Language Commission

(D) Department of Commerce which includes business units

1300 Commerce - Secretarys Office

-4-

17-21

Affairs which

17-123 HDI

15

- 5-

PUBLIC LAW NO 17-21

HOUSE BILL SSt

I 1310 Commerce - Economic Dev

2 1331 Commerce - Central Statistics

3 1332 Commerce - ABTC

4 1333 Commerce - Enforcement

5 (E) Department of Corrections which includes business units

6 1335 Department of Corrections

7 (F) Department of Finance which includes business units

8 1100

9 1110

10 1120

11 1130

12 1140

13 1150

14 1160

DOF - Secretarys Office

DOF Finance and Accounting SPN

DOF Treasury

DOF Revenue and Taxation - Saipan

DOF Procurement -Saipan

DOF Customs - Saipan

DOF Electronic Data Processing

(G) Department of Labor which includes business units

16 1275 Labor - Secretarys Office

17 1280 Labor - Labor

18 1283 Administrative Hearing Office

19 1330 Labor - Employment Services

20 3430 Labor - Enforcement Fund

21 (H) Department of Lands and Natural Resources which includes

22 business units

23 1400 DLNR - Secretarys Office

17

PUBLIC LAW NO 17-21

SSt

1 1410 DLNR - Agriculture - Saipan

2 1420 DLNR - Fish amp Wildlife - Saipan

3 1440 DLNR - Parks amp GrOlUlds

4 1461 DLNR - Soil amp Water (SPN amp NI)

5 1467 DLNR - Land Registration amp Survey

6 (1) Department of Public Health which includes business units

7 1804 DPH - Cormnonwealth Health Center

8 1878 DPH - Medical Supplies

9 1901 DPH - Secretarys Office

10 1905 DPH - Environmental Services (SPN)

II 1925 DPH - Mental Health amp Social Services

12 1951 DPH - Medicaid Reimbursement

13 1952 DPH-CHIP

14 1970 DPH - Dental Services - Salpan

15 1976 DPH - General Public Health

16 1979 DPH - Medical Referral

1980 DPH - Medicaid Administration

18 1983 DPH -Childrens Development amp Assistance Center

19 1984 DPH - Transitional Living Center

20 (1) Department of Public Lands which includes business units

21 1950 Department of Public Lands

22 (K) Department of Public Safety which includes business units

23 1340 DPS - Commissioners Office

-6-

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17

-7 -

PUBLIC LAW NO 17-21

1

2

3

4

5

6

7

8

9

10

11

12

1350 DPS laquo Police -Saipan

1362 DPS laquo Administrative Div

1365 DPS - Bureau of Motor Vehicles

1370 DPSlaquo Investigative Div

1380 DPS -Fire

1390 DPSlaquo Boating Safety

1360 DPS laquo Training and Academy

1361 DPS -Criminal Justice Information Systems

(L) Department of Public Works which includes business units

1470 DPW laquo Building Safety Code

1471 DPW -Secretarys Office

1480 DPW -Operations amp Maintenance (SPN)

1484 DPW -Roads and Grounds Div

1485 DPW - Solid Waste Management

1486 DPW -TransAutolHeavy Equipment Div

1490 DPW - Technical Services

(4) First Senatorial District (Rota) which includes the following

18 business units

19 1065 Office of the Mayor -Rota

20 1068 Mayors Contingency Fund

21 1066 Municipal Council - Rota

22 1112 DOF -Finance amp Acctg -Rota

23 1132 DOF -Revenue amp Tax - Rota

17-123HDl

14

PUBLIC LAW NO 17-21

HOUSE BILL SSt

1 1I42 Hnance - Procurement - Rota

2 1152 OOF - Customs - Rota

3 1232 Historic Preservation - Rota

4 1272 CCA - Sports amp Recreation- Rota

5 1282 DOL - Labor - Rota

6 1312 Commerce - Economic Dev - Rota

7 1352 DPS - Police - Rota

8 1353 DPS - Property and Protection Fire

9 1412 DLNR - Agriculture - Rota

10 1422 DLNR - Fish amp Wildlife - Rota

11 1442 DLNR - Parks amp Recreation - Rota

12 1463 DLNR - Soil amp Water Cons

13 1468 DLNR - Land Registration amp Survey

1482 DPW - Operations amp Maintenance - Rota

15 1523 Public Library - Rota

16 1912 OPH - Public Health - Rota

17 1957 OPH - Environmental Health - Rota

18 1989 OPH - Dental Services - Rota

19 3421 Youth Training

20 (5) Second Senatorial District (Tinian and Aguiguan) which

21 includes the following business units

22 1063 Mayor of Tinian - Office

23 1067 Mayors Contingency Fund

- 8 -

13

14

15

- 9-

1 1064

2 1111

3 1131

4 1141

5 1I51

6 1231

7 1271

8 1281

9 1311

10 1351

11 1411

12 1421

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 HDl SSt

Municipal Council - Timan

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

1441 DLNR - Parks amp Recreationmiddot Tinian

1462 DLNR - Soil amp Water Cons - Tinian

1481 DPW - Operations amp Maintenance - Tinian

16 1524 Public Library - Tinian

17 1906 DPH - Public Health - Tinian

18 1907 DPH - Dental Services - Tinian

19 1911 DPH - Environmental Health - Tinian

20 3420 Youth Training

21 (6) Third Senatorial District (Saipan and the Northern Islands)

22 which includes the following governmental offices

23 1060 Mayor of Northern Islands

HDlSSI

1

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3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

(7)

for which budget authority is herein provided including the following

(8) Boards

business units

(9) Other Programs

following business units

PUBLIC LAW NO 17-21

HOUSE BILL 17middot123

1061 Mayor of Saipan - Mayors Office

1059 Mayors Contingency Account

1062 Saipan and Northern Islands - Municipal Council

All government corporations as defined in 1 CMC sect7103(n)

(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

(0) Public Utilities Commission

and Commissions which includes the

1540 Civil Service Commission

1551 Commission on Election

1556 Board of Professional Licensing

and Autonomous Agencies which includes the

1600 Workers Compensation Commission

160 I Governor Lt Gov Pension

1602 Retirement COLA PL 5-38-39-25

1603 NMlOIC

- 10-

following

13

14

15

16

19

23

PUBLIC LAW NO 17-21

1 Aetna R-Off amp Ret

2 (l0) Public Corporations which includes the following business

3 units

4 1605 Northern Marianas College

5 3450 NMC- Apprentice Program

6 1606 Marianas Visitors Authority

7 1001 Board Of Education

8 1607 Public School System

9 (c) Independent programs means government programs under

10 separate boards established by law (unless receiving appropriations or

II budget authority under another heading) specialized general items of

12 appropriations and those non-profit corporations and associations or

organizations established outside of the Governm ent of the

Commonwealth of the Northern Mariana Islands to which the

Commonwealth Government provides financial assistance including

business units

17 1592 Joeten-Kiyu Public Library

18 1515 Public Assistance Program Matching Funds

1623 Judgments Against Government

20 3661 Commonwealth Museum

21 New La Fiesta Lease

22 1549 Council for the Human ities

1562 Ayuda Network

- II -

14

19

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 HOISSI

1 1568

2 1570

3 1577

4 1580

5 1591

Domestic Violence

National Governors Association

Karidat

Micronesian Legal Services

Utilities - CNMl Government

6 (d) Local funds means locally generated revenues and revenues

7 received pursuant to Section 702 (a) of the Covenant

8 (e) Operations means appropriations for all lawful activities

9 other than personnel

10 (f) Personnel means appropriations for salaries employers

1 1 contribution to the Northern Marianas Retirement Fund the Defined

12 Contribution Plan overtime night differential hazardous pay and other

13 employee wages and benefits

(g) Position or Full-Time Equivalent (FIE) means the

15 maximum number of persons that may be employed pursuant to Article

16 X Section 7 of the Commonwealth Constitution but does not include

17 Workforce Investment Agency substitute teachers summer trainees

18 teacher aides physicians licensed professional nurses and licensed allied

health providers working part-time and paid only for instructional time

20 student teacher trainees or short-term specialized instructors such as

21 visiting artists performers writers and the like For purposes of this

22 exception part-time means employment not exceeding 40 hours in any

23 biweekly pay period and short-term means not more than 90

- 12 -

1

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5

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15

16

17

18

19

20

21

22

lt$2134500gt

lt$16606000gt

23 1132565000

PUBLIC LAW NO 17-21

SSt

instructional days employment within the Public School System during the

fiscal year

CHAPTER II ESTIMATED REVENUES

Section 201 Estimated Revenues Pursuant to House Concurrent

Resolution No 17-2 HDI the total estimated revenues and resources approved

and identified for fY 2011 are as follows

I 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 Excisc 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) MY 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) 20078 refunding bond payment

(c) Deficit Reduction $

Subtotal

(d) Net fY 2011 budgetary resources available for appropriation

- 13 -

(e) Department

HDl

$2820866

$J3538

Suspension Earmarked

Appropriation Budget Authority

14

15

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 SSI

I of Public Lands

2 Grand Total

3 Notwithstanding CMC 7204 funds appropriated for FY2011 shall be

4 allotted monthly

5 Seetion 202 of 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 [WlA] and 50 to the

Retirement Fund)

CHAPTER III

16 GOVERNMENT CORPORATIONS AND DESIGNATED

17 AGENCIESACTIVITIES

18 Section 301 and 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 shaH not be

22 incurred or committed and hiring in excess of FTE ceilings is prohibited unless

- 14 -

ACTIVITIES FTE OPERATIONS

5O97122 $79118379 84215501

CertificatiQn

Reporting Requirement

19

23

PUBLIC LAW NO 17-21

1 authorized by a legislative joint resolution in accordance with Section 7 Article X

2 of the NMI Constitution

3 PERSONNEL 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 ------bullbull -----

7 (d) Commonwealth Utilities COrPOration no submittal

8 (e) NM Housing Corporation 24 1110989 1113108 2224097

9 (I) NMI Ret Fund 27 1353669 76659330 78012999

10 (g) Office of the Public Auditor 30 1818525 755700 2574225

II (h) Public Utilities Commission 55553 137550 193103

12 Grand Total l2

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

IS indicated above

16 Section 302 Prior 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

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

Section 303 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

- IS -

HD1SSI

1

2

3

4

5 Management

6

7

8

9

10

11

12

13

14

15

16

17

18 Ceiling

19

20

21

22 Expenditure Authority

PUBLIC LAW NO 17-21

HOUSE BILL 17-123

for personnel and operations of each governnIent 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

CHAPTER IV ADMINISTRATION OF APPROPRIATED FUNDS

Section 401 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 of Finance 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

(a) Employment Ceilings Pursuant to Article X sect 7 of the

Commonwealth Constitution the employment ceilings are hereby established as

set forth herein

Section 404

- 16-

17-123 HD1

13

14

15

PUBLIC LAW NO 17-21

HOUSE BILL SS1

I (a) The distribution and expenditure of funds shall be in compliance with

2 the fiscal expenditure authority the listed agencies have pursuant to statute and the

3 administrative provisions of this Act as set forth herein

4 (b) Except as provided in this Act the funds appropriated pursuant to this

5 Act shall be expended by the respective expenditure authority pursuant to I CMC

6 sectsect 7401 and 7503

7 (c) For the Ground Water Management and Protection Act Fund

8 expenditure authority is vested in the Director of the Division of Environmental

9 Quality

10 (d) For all government agencies receiving appropriated funds for

11 personnel or staff housing administrative and expenditure authority over housing

12 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

16 in the Family Violence Task Force chairperson with concurrence of the Family

17 Violence Task Force coordinator

18 (1) For Crime Stoppers International the chairperson of the board of the

19 directors shall be the expenditure authority

20 (g) For Independent Programs unless othernise provided in this Act or in

21 any other provision of law expenditure authority shall be vested in the Secretary

22 of Finance

23 CHAPTER V REPROGRAMMING AUTHORITY

- 17 -

Reprogramming Authority

BDI

Hiring

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 SSI

I

2 this act authority to reprogram

3

4

5 Governor shall have 100 reprogramming authority on funds

6

7

8

9

10

11 funds federal law federal grant

12 prohibitions and deposit and other

13 security and the financing of public

14 projeets

15

16 of $7539509 included in the

17

18

19

20

21

Section SOl

(a) Unless otherwise specified in

appropriated funds shall be as provided under 1 CMC sectsect 7402 and 7504

(b) Provided however I CMC sectsect 7402 (b) is hereby suspended for the

period of this Act

appropriated under Section 704 of this Act

(c) Notwithstanding any law to the contrary the Governors authority to

reprogram funds under this section shall include the authority to reprogram funds

available to all public corporations agencies and entities of the Commonwealth

Government upon approval by joint approval of the legislature provided that such

are not restricted from reprogramming by

conditions Commonwealth constitutional

restrictions related to bond covenants

CHAPTER VI SUPPLEMENTAL ADMINISTRATIVE PROVISIONS

Section 601 Utilities The amount

Independent Programs shall be appropriated for the payment of utilities for the

branches departments and agencies of the Commonwealth government except

the business units listed in Section I03(b )(7) and the Public School System and

the Northern Marianas College

Section 602 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

- 18 -

17-123

Litigation Expenditures

PUBLIC LAW NO 17-21

BOUSE BILL BDI SSt

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

II forth in Section 704 are contingent on this section remaining in this Appropriation

12 Act

13 Section 603 Restricted

14 Except for the governor the attorney general the chief justice of the

IS 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 thcir authority The terms agency and agencies as used in this section shall be

- 19-

1

2

3

4

5

6

7

8

9

10

11 Legal Holidays

12

13

14

15

16

17

18

19

20

21

22

23

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 HDl SSt

liberally construed to include all instrumentalities and subdivisions of the

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

of Finance

Section 605

(a) The following laws and regulations providing for payment of legal

holidays are repealed during fiscal year 2011

ICMCsect312 andsect313

Title 10 NMIAC sectlO-1O-135G) (Excepted Service)

Title 10 NMIAC sect 1 0-202-346 (Civil Service Executive Branch)

Title 10 NMIAC sect10-30middot344 (Civil Service Judicial Branch)

Title 40 NMIAC sect40-40-425 (Commonwealth Ports Authority)

Title 60 NMIAC sect60-30l-444 (Public School System)

Title 100 NMIAC sect 100middot50-430 (Northern Marianas Housing

Corporation)

Title 120 NMIAC sect120-1Omiddot230 (Excepted Service) and

Title 130 NMIAC 130middot20-330 (Office of the Public Auditor)

- 20 -

17-123 HDl

In

PUBLIC LAW NO 17-21

regular salary

receive leave with pay

employees if they

Section 701

HOUSE BILL SSl

1 (b) Any employee required to work on a legal holiday shall be paid hislher

2

3 (c) From the legal holidays listed in I CMC sect311 the Governor may

4 select one or more legal holidays for fiscal year 2011 for which employees shall

5

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 have available funds in their personnel account

9 CHAPTER VII APPROPRIATIONS

10 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 of expenditure by

21 (I) A reduction in work hours

22 (2) A reduction in wages

23 (3) Furlough

- 21 -

$2934762 $388085

Legislative

$3322847

14

19 45

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 HDl SSl

I (4) A reduction in force

2 (5) A reduction in expenditures for all others or

3 (6) A combination of reductions under subsections (I) 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 acconnts 1 CMC sect7402(c) is

10 suspended for the period that this Act is in effect

II (f) Provided however that during the period of this Act no funds shall be

12 reprogrammed from non-personnel acconnts to personnel accounts to increase any

13 salaries from its current level

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 7959n

Superior Court 1714552 160961 1875513

20 Administration 13 295435 217240 512675

21 Law Revision Comm 5 132442 6245 138687

22 TOTAL 74

23 Section 703 Branch

22

17-123

20000 ll

954597

PUBLIC LAW NO 17-21

HOUSE BILL HDl SSI

1 (a) In accordance with Article II sectJ6(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 eontribution and non-personnel expenses as listed

4 below of the Legislative branch

5 FIE PERSONNEL OPERATIONS TOTAL

6 House Members Salary 20 954597

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

House Members Allocation

House Leadership Allocation

Senate

Senate Members Allocation

Senate Leadership Allocation

Legislative Bureau

CNMI Youth Congress

100 1700000 1700000

138000 138000

9 431141 431141

45 765000 765000

138000 138000

28 1274764 167000 1441764

1 2 67 1lltIT

TOTAL 203 $2681669 $2928000 $5609669

(b) Salaries of Legislative Members

( l) The amount appropriated under this section to the House of

Representatives under personnel shall be used to fund the salaries and

benefits of the members of the House of Representatives The expenditure

authority for the amounts appropriated shall be the Secretary of Finance

(2) The amount appropriated under this section to the Senate under

personnel shall be used to fund the salaries and benefits of the members of the

Senate The expenditure authority for the amounts appropriated shall be the

Secretary of Finance

(c) House Members Office Accounts and Employees

23

HDI

14

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 SSt

1 (I) The Department of Finance shall establish and assign a number to a

2 new business unit account entitled House Members Office Accounts for the

3 appropriation for House Members Allocation Another new business unit

4 account entitled Senate Members Office Accounts for the appropriation for

5 Senate Members Allocation Under each of these said accounts an equal

6 amount of the appropriation shall be alloeated to subac ount further established

7 thereunder for each member of the respective house for the operations of the

8 members office as permitted under section 16 of article II of the CNMI

9 Constitution applicable laws and the rules of the legislative body to which the

10 member was elected

II (2) Notwithstanding I CMC sect7401(c) to the contrary each member

12 shall be the expenditure authority of the funds allocated to their indi vidual sub-

13 account

(3) Funds allocated for the operation of the members office including

15 but not limited to the personnel costs of the members employees and

16 expenditures as authorized by the adopted rules of the Senate in the case of the

17 Senate member or the adopted rules of the House of Representatives in the case

18 of a House member such as a monthly stipend to defray travel and incidental

19 expenses for the purpose of attending to legislative business outside the

20 members senatorial district

21 (4) Allocation ofFTEs among House members shall be governed by the

22 rules of the House

24

13

14

15

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 HDI SSI

I (5) Allocation of FTEs among Senate members shall be governed by

2 the rules of the Senate

3 (d) Senate and House Leadership Accounts

4 (1) The Department of Finance shall establish and assign a number to

5 two new business unit accounts one entitled House Leadership Account for

6 the appropriation in the amount of $ l38000 under All Others and another

7 new business unit account entitled Senate Leadership Account for the

8 appropriation in the amount of$138000 under All Others

9 (2) The presiding officer of each respective house or his lawfully

10 authorized designee shall be the expenditure authority and shall use such funds

II to support the operations and activities of the House of Representatives and

12 Senate in aceordance 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

16 the Legislative Bureau shall be the Director of the Legislative Bureau or his or her

17 lawfully authorized designee

18 (f) Northern Marianas Youth Congress The expenditure authority is vested in

19 the Director of the Legislative Bureau with tbe consultation of the Speaker of the

20 Northern Mariana Islands Youth Congress

21 Section 704 Executive Branch

25

HDl

PERSONNEL

8

13

14

42

96

485

20

21

22

24

25

26

27

28

29

30

31

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 SSl

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 OPERATIONS TOTAL

5 Office of Gov 140

6 Attorney General

7 Commerce 32

Comm amp Cult Affairs 88

9 Corrections

10 Finance 163

11 Labor 44

12 Lands amp Natural Res 98

Public Health

Public Safety 258

15 Public Works 129

16 Total 1575 $45120729 $14184384 $593651l3

17 Section 705 First Senatorial District - Rota

18 (a) There is hereby appropriated the following amounts to fund the personnel

19 and non-personnel expenses as listed below of the First Senatorial District

FfE PERSONNEL OPERATIONS TOTAL

Mayor 99

Municipal Conn II

23 Commerce (econ Dev) 8

CampCA ]0

Police (DPS) 34

Fire 12

Finance amp Actg 3

Revenue amp Tax 3

Customs 6

Procurement amp Supply 2

Labor 7

26

17-123 HDl

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

] 6

17

18

19

20

21

22

23

24

25

26

Agriculture

Historic Preservation

Lands Regisamp Survey

Fish amp Wildlife

Parks amp Recreation

Soil amp Water Consv

Rota Health Center

Dental Services

DPH Med Referral

Environmental Health

Public Works

Total

PUBLIC LAW NO 17-21

HOUSE BILL SSl

20

4

6

5

4

1

51

4

5

2

23

320 $5677593 $576487 $6256080

(b) The Rota Legislative Delegation shall determine by Local Delegation

Resolution the allocation of the funds appropriated for the First Senatorial District

(c) Except as provided in this section the Mayor of Rota shall have authority to

expend obligate encumber or otherwise eommit the funds appropriated to the First

Senatorial District Notwithstanding any law to the contrary the Mayor of Rota shall

have 100 reprogramming authority of the funds appropriated in this Act

Appropriations to the Municipal Council shall be divided and distributed equally to

each member of the Municipal Council Each Municipal Council member shall be the

expenditure authority of funds distributed to himlher Additionally in accord with the

Superior Courts decision in the case of Inos v Tenorio the Mayors shall also have

expenditure authority over resident government departments in the First and Second

senatorial districts respectively unless the Governor revokes expenditure authority in a

manner consistent with the Superior Courts holding in Inos v Tenorio to wit

expenditure authority over resident departments that are primarily concerned lith the

27

Aguiguan

17

PUBLIC LAW NO 17-21

BOUSE BILL 17-123 BDt SSt

I delivery of public services can be revoked only on a prior showing of just cause but

2 the Governor has discretion to revoke expenditure authority over those departments

3 that are primarily concerned with enforcing the law

4 (e) Rota Health Center Three hundred forty thousand ($34000000) from the

5 First Senatorial Districts budget appropriation is hereby allocated to pay for

6 professional services for nurses technicians and other medical and auxiliary

7 professionals as needed including one mental health counselor in the amount of Thirty

8 Three Thousand Dollars ($3300000)

9 (d) DPS Cadets One hundred seven thousand seven hundred eighty

10 ($10778000) from the First Senatorial Districts budget appropriation is hereby

11 allocated for five (5) Full Time Equivalents (FTEs) for the Rota Department of Public

12 Safety of the total 329 FTEs to fully fund the five (5) 2010 DPS Academy graduates

13 from the First District who shall be placed as FTEs within the Rota Department of

14 Public Safety Any shortfall for overtime retirement or benefits shall be borne by the

15 municipality

16 (e) Dentist Seventy-seven thousand two hundred dollars ($77200) from the

First Senatorial Districts budget appropriation is hereby allocated for one (1) Full

18 Time Equivalent (FTE) to hire a dentist

19 Section 706 Second Senatorial District - Tinian amp

20 (a) There is hereby appropriated the following amounts to fund the personnel

21 and non-personnel expenses of the Second Senatorial District as listed below

22 [j PERSONNEL OPERATIONS TOTAL

28

PUBLIC LAW NO 17-21

BILL

I (b) Government of the Commonwealth of the Northern Mariana Islands

2 includes

3 (1) Legislative Branch which includes the following business

4 units

5 1722 House of Representative Salaries

6 New House Member Account amp Employees

7 New House Leadership Account

8 1770 Legislative Bureau

9 1799 Retirement Fund Contribution

10 1593 Youth Congress

11 1762 Senator Salaries

12 New Senate Members Account amp Employees

13 New Senate Leadership Account

14 (2) Judicial Branch which includes the following

IS 1690 Superior Court

16 1691 Supreme Court

17 1692 Law Revision Commission

18 1694 Judicial Administration

19 (3) Executive Branch which includes the following departments

20 and offices

21 (A) Offices of the Governor which includes business

22 units

23 lOl l Office of the Governor

-2-

13

PUBLIC LAW NO 17-21

SSt

1 1021 Governors Discretionary Account

2 1050 Lt Governors Office

3 1051 Lt Governors Discretionary Account

4 1014 Management and Budget

5 1016 Administrative Services

6 1017 Governors Press Secretary

7 1018 Programs and Legislation

8 IOJ9 Emergency Management Office

9 1020 Youth Affairs

10 1023 Board of Parole

11 1026 Personnel Management

12 1027 Personnel Management - Tinian

1028 Personnel Management - Rota

14 1033 Scholarship Fund

15 1190 Public Defender

16 1201 Carolinian Affairs

17 1202 Indigenous Affairs

18 1251 Veterans Affairs

19 1260 Womens Affairs

20 1492 DEQ Environmental Protection

21 1493 DEQ Litter Control

22 1494 DEQ - Tinian

23 1495 DEQ- Rota

- 3 -

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

(C)

includes business units

PUBLIC LAW NO

HOUSE BILL

1496 DEQ Groundater Protection

1555 Zoning

35011583 WIA

1584 CJPA

1915 Vocational Rehabilitation

(B) Office of the Attorney General which includes business units

1170 Attorney Generals Office

1185 AGO Cons1llller Counsel

1187 AGO - Investigations

1188 AGO - Special Investigations

Department of Community and Cultural

1200 CCA - Secretarys Office

1220 CCA - DivfYouth 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 ChamoIToCaroIinian Language Commission

(D) Department of Commerce which includes business units

1300 Commerce - Secretarys Office

-4-

17-21

Affairs which

17-123 HDI

15

- 5-

PUBLIC LAW NO 17-21

HOUSE BILL SSt

I 1310 Commerce - Economic Dev

2 1331 Commerce - Central Statistics

3 1332 Commerce - ABTC

4 1333 Commerce - Enforcement

5 (E) Department of Corrections which includes business units

6 1335 Department of Corrections

7 (F) Department of Finance which includes business units

8 1100

9 1110

10 1120

11 1130

12 1140

13 1150

14 1160

DOF - Secretarys Office

DOF Finance and Accounting SPN

DOF Treasury

DOF Revenue and Taxation - Saipan

DOF Procurement -Saipan

DOF Customs - Saipan

DOF Electronic Data Processing

(G) Department of Labor which includes business units

16 1275 Labor - Secretarys Office

17 1280 Labor - Labor

18 1283 Administrative Hearing Office

19 1330 Labor - Employment Services

20 3430 Labor - Enforcement Fund

21 (H) Department of Lands and Natural Resources which includes

22 business units

23 1400 DLNR - Secretarys Office

17

PUBLIC LAW NO 17-21

SSt

1 1410 DLNR - Agriculture - Saipan

2 1420 DLNR - Fish amp Wildlife - Saipan

3 1440 DLNR - Parks amp GrOlUlds

4 1461 DLNR - Soil amp Water (SPN amp NI)

5 1467 DLNR - Land Registration amp Survey

6 (1) Department of Public Health which includes business units

7 1804 DPH - Cormnonwealth Health Center

8 1878 DPH - Medical Supplies

9 1901 DPH - Secretarys Office

10 1905 DPH - Environmental Services (SPN)

II 1925 DPH - Mental Health amp Social Services

12 1951 DPH - Medicaid Reimbursement

13 1952 DPH-CHIP

14 1970 DPH - Dental Services - Salpan

15 1976 DPH - General Public Health

16 1979 DPH - Medical Referral

1980 DPH - Medicaid Administration

18 1983 DPH -Childrens Development amp Assistance Center

19 1984 DPH - Transitional Living Center

20 (1) Department of Public Lands which includes business units

21 1950 Department of Public Lands

22 (K) Department of Public Safety which includes business units

23 1340 DPS - Commissioners Office

-6-

13

14

15

16

17

-7 -

PUBLIC LAW NO 17-21

1

2

3

4

5

6

7

8

9

10

11

12

1350 DPS laquo Police -Saipan

1362 DPS laquo Administrative Div

1365 DPS - Bureau of Motor Vehicles

1370 DPSlaquo Investigative Div

1380 DPS -Fire

1390 DPSlaquo Boating Safety

1360 DPS laquo Training and Academy

1361 DPS -Criminal Justice Information Systems

(L) Department of Public Works which includes business units

1470 DPW laquo Building Safety Code

1471 DPW -Secretarys Office

1480 DPW -Operations amp Maintenance (SPN)

1484 DPW -Roads and Grounds Div

1485 DPW - Solid Waste Management

1486 DPW -TransAutolHeavy Equipment Div

1490 DPW - Technical Services

(4) First Senatorial District (Rota) which includes the following

18 business units

19 1065 Office of the Mayor -Rota

20 1068 Mayors Contingency Fund

21 1066 Municipal Council - Rota

22 1112 DOF -Finance amp Acctg -Rota

23 1132 DOF -Revenue amp Tax - Rota

17-123HDl

14

PUBLIC LAW NO 17-21

HOUSE BILL SSt

1 1I42 Hnance - Procurement - Rota

2 1152 OOF - Customs - Rota

3 1232 Historic Preservation - Rota

4 1272 CCA - Sports amp Recreation- Rota

5 1282 DOL - Labor - Rota

6 1312 Commerce - Economic Dev - Rota

7 1352 DPS - Police - Rota

8 1353 DPS - Property and Protection Fire

9 1412 DLNR - Agriculture - Rota

10 1422 DLNR - Fish amp Wildlife - Rota

11 1442 DLNR - Parks amp Recreation - Rota

12 1463 DLNR - Soil amp Water Cons

13 1468 DLNR - Land Registration amp Survey

1482 DPW - Operations amp Maintenance - Rota

15 1523 Public Library - Rota

16 1912 OPH - Public Health - Rota

17 1957 OPH - Environmental Health - Rota

18 1989 OPH - Dental Services - Rota

19 3421 Youth Training

20 (5) Second Senatorial District (Tinian and Aguiguan) which

21 includes the following business units

22 1063 Mayor of Tinian - Office

23 1067 Mayors Contingency Fund

- 8 -

13

14

15

- 9-

1 1064

2 1111

3 1131

4 1141

5 1I51

6 1231

7 1271

8 1281

9 1311

10 1351

11 1411

12 1421

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 HDl SSt

Municipal Council - Timan

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

1441 DLNR - Parks amp Recreationmiddot Tinian

1462 DLNR - Soil amp Water Cons - Tinian

1481 DPW - Operations amp Maintenance - Tinian

16 1524 Public Library - Tinian

17 1906 DPH - Public Health - Tinian

18 1907 DPH - Dental Services - Tinian

19 1911 DPH - Environmental Health - Tinian

20 3420 Youth Training

21 (6) Third Senatorial District (Saipan and the Northern Islands)

22 which includes the following governmental offices

23 1060 Mayor of Northern Islands

HDlSSI

1

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4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

(7)

for which budget authority is herein provided including the following

(8) Boards

business units

(9) Other Programs

following business units

PUBLIC LAW NO 17-21

HOUSE BILL 17middot123

1061 Mayor of Saipan - Mayors Office

1059 Mayors Contingency Account

1062 Saipan and Northern Islands - Municipal Council

All government corporations as defined in 1 CMC sect7103(n)

(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

(0) Public Utilities Commission

and Commissions which includes the

1540 Civil Service Commission

1551 Commission on Election

1556 Board of Professional Licensing

and Autonomous Agencies which includes the

1600 Workers Compensation Commission

160 I Governor Lt Gov Pension

1602 Retirement COLA PL 5-38-39-25

1603 NMlOIC

- 10-

following

13

14

15

16

19

23

PUBLIC LAW NO 17-21

1 Aetna R-Off amp Ret

2 (l0) Public Corporations which includes the following business

3 units

4 1605 Northern Marianas College

5 3450 NMC- Apprentice Program

6 1606 Marianas Visitors Authority

7 1001 Board Of Education

8 1607 Public School System

9 (c) Independent programs means government programs under

10 separate boards established by law (unless receiving appropriations or

II budget authority under another heading) specialized general items of

12 appropriations and those non-profit corporations and associations or

organizations established outside of the Governm ent of the

Commonwealth of the Northern Mariana Islands to which the

Commonwealth Government provides financial assistance including

business units

17 1592 Joeten-Kiyu Public Library

18 1515 Public Assistance Program Matching Funds

1623 Judgments Against Government

20 3661 Commonwealth Museum

21 New La Fiesta Lease

22 1549 Council for the Human ities

1562 Ayuda Network

- II -

14

19

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 HOISSI

1 1568

2 1570

3 1577

4 1580

5 1591

Domestic Violence

National Governors Association

Karidat

Micronesian Legal Services

Utilities - CNMl Government

6 (d) Local funds means locally generated revenues and revenues

7 received pursuant to Section 702 (a) of the Covenant

8 (e) Operations means appropriations for all lawful activities

9 other than personnel

10 (f) Personnel means appropriations for salaries employers

1 1 contribution to the Northern Marianas Retirement Fund the Defined

12 Contribution Plan overtime night differential hazardous pay and other

13 employee wages and benefits

(g) Position or Full-Time Equivalent (FIE) means the

15 maximum number of persons that may be employed pursuant to Article

16 X Section 7 of the Commonwealth Constitution but does not include

17 Workforce Investment Agency substitute teachers summer trainees

18 teacher aides physicians licensed professional nurses and licensed allied

health providers working part-time and paid only for instructional time

20 student teacher trainees or short-term specialized instructors such as

21 visiting artists performers writers and the like For purposes of this

22 exception part-time means employment not exceeding 40 hours in any

23 biweekly pay period and short-term means not more than 90

- 12 -

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3

4

5

6

7

8

9

10

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12

13

14

15

16

17

18

19

20

21

22

lt$2134500gt

lt$16606000gt

23 1132565000

PUBLIC LAW NO 17-21

SSt

instructional days employment within the Public School System during the

fiscal year

CHAPTER II ESTIMATED REVENUES

Section 201 Estimated Revenues Pursuant to House Concurrent

Resolution No 17-2 HDI the total estimated revenues and resources approved

and identified for fY 2011 are as follows

I 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 Excisc 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) MY 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) 20078 refunding bond payment

(c) Deficit Reduction $

Subtotal

(d) Net fY 2011 budgetary resources available for appropriation

- 13 -

(e) Department

HDl

$2820866

$J3538

Suspension Earmarked

Appropriation Budget Authority

14

15

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 SSI

I of Public Lands

2 Grand Total

3 Notwithstanding CMC 7204 funds appropriated for FY2011 shall be

4 allotted monthly

5 Seetion 202 of 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 [WlA] and 50 to the

Retirement Fund)

CHAPTER III

16 GOVERNMENT CORPORATIONS AND DESIGNATED

17 AGENCIESACTIVITIES

18 Section 301 and 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 shaH not be

22 incurred or committed and hiring in excess of FTE ceilings is prohibited unless

- 14 -

ACTIVITIES FTE OPERATIONS

5O97122 $79118379 84215501

CertificatiQn

Reporting Requirement

19

23

PUBLIC LAW NO 17-21

1 authorized by a legislative joint resolution in accordance with Section 7 Article X

2 of the NMI Constitution

3 PERSONNEL 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 ------bullbull -----

7 (d) Commonwealth Utilities COrPOration no submittal

8 (e) NM Housing Corporation 24 1110989 1113108 2224097

9 (I) NMI Ret Fund 27 1353669 76659330 78012999

10 (g) Office of the Public Auditor 30 1818525 755700 2574225

II (h) Public Utilities Commission 55553 137550 193103

12 Grand Total l2

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

IS indicated above

16 Section 302 Prior 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

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

Section 303 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

- IS -

HD1SSI

1

2

3

4

5 Management

6

7

8

9

10

11

12

13

14

15

16

17

18 Ceiling

19

20

21

22 Expenditure Authority

PUBLIC LAW NO 17-21

HOUSE BILL 17-123

for personnel and operations of each governnIent 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

CHAPTER IV ADMINISTRATION OF APPROPRIATED FUNDS

Section 401 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 of Finance 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

(a) Employment Ceilings Pursuant to Article X sect 7 of the

Commonwealth Constitution the employment ceilings are hereby established as

set forth herein

Section 404

- 16-

17-123 HD1

13

14

15

PUBLIC LAW NO 17-21

HOUSE BILL SS1

I (a) The distribution and expenditure of funds shall be in compliance with

2 the fiscal expenditure authority the listed agencies have pursuant to statute and the

3 administrative provisions of this Act as set forth herein

4 (b) Except as provided in this Act the funds appropriated pursuant to this

5 Act shall be expended by the respective expenditure authority pursuant to I CMC

6 sectsect 7401 and 7503

7 (c) For the Ground Water Management and Protection Act Fund

8 expenditure authority is vested in the Director of the Division of Environmental

9 Quality

10 (d) For all government agencies receiving appropriated funds for

11 personnel or staff housing administrative and expenditure authority over housing

12 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

16 in the Family Violence Task Force chairperson with concurrence of the Family

17 Violence Task Force coordinator

18 (1) For Crime Stoppers International the chairperson of the board of the

19 directors shall be the expenditure authority

20 (g) For Independent Programs unless othernise provided in this Act or in

21 any other provision of law expenditure authority shall be vested in the Secretary

22 of Finance

23 CHAPTER V REPROGRAMMING AUTHORITY

- 17 -

Reprogramming Authority

BDI

Hiring

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 SSI

I

2 this act authority to reprogram

3

4

5 Governor shall have 100 reprogramming authority on funds

6

7

8

9

10

11 funds federal law federal grant

12 prohibitions and deposit and other

13 security and the financing of public

14 projeets

15

16 of $7539509 included in the

17

18

19

20

21

Section SOl

(a) Unless otherwise specified in

appropriated funds shall be as provided under 1 CMC sectsect 7402 and 7504

(b) Provided however I CMC sectsect 7402 (b) is hereby suspended for the

period of this Act

appropriated under Section 704 of this Act

(c) Notwithstanding any law to the contrary the Governors authority to

reprogram funds under this section shall include the authority to reprogram funds

available to all public corporations agencies and entities of the Commonwealth

Government upon approval by joint approval of the legislature provided that such

are not restricted from reprogramming by

conditions Commonwealth constitutional

restrictions related to bond covenants

CHAPTER VI SUPPLEMENTAL ADMINISTRATIVE PROVISIONS

Section 601 Utilities The amount

Independent Programs shall be appropriated for the payment of utilities for the

branches departments and agencies of the Commonwealth government except

the business units listed in Section I03(b )(7) and the Public School System and

the Northern Marianas College

Section 602 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

- 18 -

17-123

Litigation Expenditures

PUBLIC LAW NO 17-21

BOUSE BILL BDI SSt

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

II forth in Section 704 are contingent on this section remaining in this Appropriation

12 Act

13 Section 603 Restricted

14 Except for the governor the attorney general the chief justice of the

IS 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 thcir authority The terms agency and agencies as used in this section shall be

- 19-

1

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4

5

6

7

8

9

10

11 Legal Holidays

12

13

14

15

16

17

18

19

20

21

22

23

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 HDl SSt

liberally construed to include all instrumentalities and subdivisions of the

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

of Finance

Section 605

(a) The following laws and regulations providing for payment of legal

holidays are repealed during fiscal year 2011

ICMCsect312 andsect313

Title 10 NMIAC sectlO-1O-135G) (Excepted Service)

Title 10 NMIAC sect 1 0-202-346 (Civil Service Executive Branch)

Title 10 NMIAC sect10-30middot344 (Civil Service Judicial Branch)

Title 40 NMIAC sect40-40-425 (Commonwealth Ports Authority)

Title 60 NMIAC sect60-30l-444 (Public School System)

Title 100 NMIAC sect 100middot50-430 (Northern Marianas Housing

Corporation)

Title 120 NMIAC sect120-1Omiddot230 (Excepted Service) and

Title 130 NMIAC 130middot20-330 (Office of the Public Auditor)

- 20 -

17-123 HDl

In

PUBLIC LAW NO 17-21

regular salary

receive leave with pay

employees if they

Section 701

HOUSE BILL SSl

1 (b) Any employee required to work on a legal holiday shall be paid hislher

2

3 (c) From the legal holidays listed in I CMC sect311 the Governor may

4 select one or more legal holidays for fiscal year 2011 for which employees shall

5

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 have available funds in their personnel account

9 CHAPTER VII APPROPRIATIONS

10 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 of expenditure by

21 (I) A reduction in work hours

22 (2) A reduction in wages

23 (3) Furlough

- 21 -

$2934762 $388085

Legislative

$3322847

14

19 45

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 HDl SSl

I (4) A reduction in force

2 (5) A reduction in expenditures for all others or

3 (6) A combination of reductions under subsections (I) 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 acconnts 1 CMC sect7402(c) is

10 suspended for the period that this Act is in effect

II (f) Provided however that during the period of this Act no funds shall be

12 reprogrammed from non-personnel acconnts to personnel accounts to increase any

13 salaries from its current level

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 7959n

Superior Court 1714552 160961 1875513

20 Administration 13 295435 217240 512675

21 Law Revision Comm 5 132442 6245 138687

22 TOTAL 74

23 Section 703 Branch

22

17-123

20000 ll

954597

PUBLIC LAW NO 17-21

HOUSE BILL HDl SSI

1 (a) In accordance with Article II sectJ6(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 eontribution and non-personnel expenses as listed

4 below of the Legislative branch

5 FIE PERSONNEL OPERATIONS TOTAL

6 House Members Salary 20 954597

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

House Members Allocation

House Leadership Allocation

Senate

Senate Members Allocation

Senate Leadership Allocation

Legislative Bureau

CNMI Youth Congress

100 1700000 1700000

138000 138000

9 431141 431141

45 765000 765000

138000 138000

28 1274764 167000 1441764

1 2 67 1lltIT

TOTAL 203 $2681669 $2928000 $5609669

(b) Salaries of Legislative Members

( l) The amount appropriated under this section to the House of

Representatives under personnel shall be used to fund the salaries and

benefits of the members of the House of Representatives The expenditure

authority for the amounts appropriated shall be the Secretary of Finance

(2) The amount appropriated under this section to the Senate under

personnel shall be used to fund the salaries and benefits of the members of the

Senate The expenditure authority for the amounts appropriated shall be the

Secretary of Finance

(c) House Members Office Accounts and Employees

23

HDI

14

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 SSt

1 (I) The Department of Finance shall establish and assign a number to a

2 new business unit account entitled House Members Office Accounts for the

3 appropriation for House Members Allocation Another new business unit

4 account entitled Senate Members Office Accounts for the appropriation for

5 Senate Members Allocation Under each of these said accounts an equal

6 amount of the appropriation shall be alloeated to subac ount further established

7 thereunder for each member of the respective house for the operations of the

8 members office as permitted under section 16 of article II of the CNMI

9 Constitution applicable laws and the rules of the legislative body to which the

10 member was elected

II (2) Notwithstanding I CMC sect7401(c) to the contrary each member

12 shall be the expenditure authority of the funds allocated to their indi vidual sub-

13 account

(3) Funds allocated for the operation of the members office including

15 but not limited to the personnel costs of the members employees and

16 expenditures as authorized by the adopted rules of the Senate in the case of the

17 Senate member or the adopted rules of the House of Representatives in the case

18 of a House member such as a monthly stipend to defray travel and incidental

19 expenses for the purpose of attending to legislative business outside the

20 members senatorial district

21 (4) Allocation ofFTEs among House members shall be governed by the

22 rules of the House

24

13

14

15

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 HDI SSI

I (5) Allocation of FTEs among Senate members shall be governed by

2 the rules of the Senate

3 (d) Senate and House Leadership Accounts

4 (1) The Department of Finance shall establish and assign a number to

5 two new business unit accounts one entitled House Leadership Account for

6 the appropriation in the amount of $ l38000 under All Others and another

7 new business unit account entitled Senate Leadership Account for the

8 appropriation in the amount of$138000 under All Others

9 (2) The presiding officer of each respective house or his lawfully

10 authorized designee shall be the expenditure authority and shall use such funds

II to support the operations and activities of the House of Representatives and

12 Senate in aceordance 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

16 the Legislative Bureau shall be the Director of the Legislative Bureau or his or her

17 lawfully authorized designee

18 (f) Northern Marianas Youth Congress The expenditure authority is vested in

19 the Director of the Legislative Bureau with tbe consultation of the Speaker of the

20 Northern Mariana Islands Youth Congress

21 Section 704 Executive Branch

25

HDl

PERSONNEL

8

13

14

42

96

485

20

21

22

24

25

26

27

28

29

30

31

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 SSl

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 OPERATIONS TOTAL

5 Office of Gov 140

6 Attorney General

7 Commerce 32

Comm amp Cult Affairs 88

9 Corrections

10 Finance 163

11 Labor 44

12 Lands amp Natural Res 98

Public Health

Public Safety 258

15 Public Works 129

16 Total 1575 $45120729 $14184384 $593651l3

17 Section 705 First Senatorial District - Rota

18 (a) There is hereby appropriated the following amounts to fund the personnel

19 and non-personnel expenses as listed below of the First Senatorial District

FfE PERSONNEL OPERATIONS TOTAL

Mayor 99

Municipal Conn II

23 Commerce (econ Dev) 8

CampCA ]0

Police (DPS) 34

Fire 12

Finance amp Actg 3

Revenue amp Tax 3

Customs 6

Procurement amp Supply 2

Labor 7

26

17-123 HDl

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

] 6

17

18

19

20

21

22

23

24

25

26

Agriculture

Historic Preservation

Lands Regisamp Survey

Fish amp Wildlife

Parks amp Recreation

Soil amp Water Consv

Rota Health Center

Dental Services

DPH Med Referral

Environmental Health

Public Works

Total

PUBLIC LAW NO 17-21

HOUSE BILL SSl

20

4

6

5

4

1

51

4

5

2

23

320 $5677593 $576487 $6256080

(b) The Rota Legislative Delegation shall determine by Local Delegation

Resolution the allocation of the funds appropriated for the First Senatorial District

(c) Except as provided in this section the Mayor of Rota shall have authority to

expend obligate encumber or otherwise eommit the funds appropriated to the First

Senatorial District Notwithstanding any law to the contrary the Mayor of Rota shall

have 100 reprogramming authority of the funds appropriated in this Act

Appropriations to the Municipal Council shall be divided and distributed equally to

each member of the Municipal Council Each Municipal Council member shall be the

expenditure authority of funds distributed to himlher Additionally in accord with the

Superior Courts decision in the case of Inos v Tenorio the Mayors shall also have

expenditure authority over resident government departments in the First and Second

senatorial districts respectively unless the Governor revokes expenditure authority in a

manner consistent with the Superior Courts holding in Inos v Tenorio to wit

expenditure authority over resident departments that are primarily concerned lith the

27

Aguiguan

17

PUBLIC LAW NO 17-21

BOUSE BILL 17-123 BDt SSt

I delivery of public services can be revoked only on a prior showing of just cause but

2 the Governor has discretion to revoke expenditure authority over those departments

3 that are primarily concerned with enforcing the law

4 (e) Rota Health Center Three hundred forty thousand ($34000000) from the

5 First Senatorial Districts budget appropriation is hereby allocated to pay for

6 professional services for nurses technicians and other medical and auxiliary

7 professionals as needed including one mental health counselor in the amount of Thirty

8 Three Thousand Dollars ($3300000)

9 (d) DPS Cadets One hundred seven thousand seven hundred eighty

10 ($10778000) from the First Senatorial Districts budget appropriation is hereby

11 allocated for five (5) Full Time Equivalents (FTEs) for the Rota Department of Public

12 Safety of the total 329 FTEs to fully fund the five (5) 2010 DPS Academy graduates

13 from the First District who shall be placed as FTEs within the Rota Department of

14 Public Safety Any shortfall for overtime retirement or benefits shall be borne by the

15 municipality

16 (e) Dentist Seventy-seven thousand two hundred dollars ($77200) from the

First Senatorial Districts budget appropriation is hereby allocated for one (1) Full

18 Time Equivalent (FTE) to hire a dentist

19 Section 706 Second Senatorial District - Tinian amp

20 (a) There is hereby appropriated the following amounts to fund the personnel

21 and non-personnel expenses of the Second Senatorial District as listed below

22 [j PERSONNEL OPERATIONS TOTAL

28

13

PUBLIC LAW NO 17-21

SSt

1 1021 Governors Discretionary Account

2 1050 Lt Governors Office

3 1051 Lt Governors Discretionary Account

4 1014 Management and Budget

5 1016 Administrative Services

6 1017 Governors Press Secretary

7 1018 Programs and Legislation

8 IOJ9 Emergency Management Office

9 1020 Youth Affairs

10 1023 Board of Parole

11 1026 Personnel Management

12 1027 Personnel Management - Tinian

1028 Personnel Management - Rota

14 1033 Scholarship Fund

15 1190 Public Defender

16 1201 Carolinian Affairs

17 1202 Indigenous Affairs

18 1251 Veterans Affairs

19 1260 Womens Affairs

20 1492 DEQ Environmental Protection

21 1493 DEQ Litter Control

22 1494 DEQ - Tinian

23 1495 DEQ- Rota

- 3 -

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

(C)

includes business units

PUBLIC LAW NO

HOUSE BILL

1496 DEQ Groundater Protection

1555 Zoning

35011583 WIA

1584 CJPA

1915 Vocational Rehabilitation

(B) Office of the Attorney General which includes business units

1170 Attorney Generals Office

1185 AGO Cons1llller Counsel

1187 AGO - Investigations

1188 AGO - Special Investigations

Department of Community and Cultural

1200 CCA - Secretarys Office

1220 CCA - DivfYouth 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 ChamoIToCaroIinian Language Commission

(D) Department of Commerce which includes business units

1300 Commerce - Secretarys Office

-4-

17-21

Affairs which

17-123 HDI

15

- 5-

PUBLIC LAW NO 17-21

HOUSE BILL SSt

I 1310 Commerce - Economic Dev

2 1331 Commerce - Central Statistics

3 1332 Commerce - ABTC

4 1333 Commerce - Enforcement

5 (E) Department of Corrections which includes business units

6 1335 Department of Corrections

7 (F) Department of Finance which includes business units

8 1100

9 1110

10 1120

11 1130

12 1140

13 1150

14 1160

DOF - Secretarys Office

DOF Finance and Accounting SPN

DOF Treasury

DOF Revenue and Taxation - Saipan

DOF Procurement -Saipan

DOF Customs - Saipan

DOF Electronic Data Processing

(G) Department of Labor which includes business units

16 1275 Labor - Secretarys Office

17 1280 Labor - Labor

18 1283 Administrative Hearing Office

19 1330 Labor - Employment Services

20 3430 Labor - Enforcement Fund

21 (H) Department of Lands and Natural Resources which includes

22 business units

23 1400 DLNR - Secretarys Office

17

PUBLIC LAW NO 17-21

SSt

1 1410 DLNR - Agriculture - Saipan

2 1420 DLNR - Fish amp Wildlife - Saipan

3 1440 DLNR - Parks amp GrOlUlds

4 1461 DLNR - Soil amp Water (SPN amp NI)

5 1467 DLNR - Land Registration amp Survey

6 (1) Department of Public Health which includes business units

7 1804 DPH - Cormnonwealth Health Center

8 1878 DPH - Medical Supplies

9 1901 DPH - Secretarys Office

10 1905 DPH - Environmental Services (SPN)

II 1925 DPH - Mental Health amp Social Services

12 1951 DPH - Medicaid Reimbursement

13 1952 DPH-CHIP

14 1970 DPH - Dental Services - Salpan

15 1976 DPH - General Public Health

16 1979 DPH - Medical Referral

1980 DPH - Medicaid Administration

18 1983 DPH -Childrens Development amp Assistance Center

19 1984 DPH - Transitional Living Center

20 (1) Department of Public Lands which includes business units

21 1950 Department of Public Lands

22 (K) Department of Public Safety which includes business units

23 1340 DPS - Commissioners Office

-6-

13

14

15

16

17

-7 -

PUBLIC LAW NO 17-21

1

2

3

4

5

6

7

8

9

10

11

12

1350 DPS laquo Police -Saipan

1362 DPS laquo Administrative Div

1365 DPS - Bureau of Motor Vehicles

1370 DPSlaquo Investigative Div

1380 DPS -Fire

1390 DPSlaquo Boating Safety

1360 DPS laquo Training and Academy

1361 DPS -Criminal Justice Information Systems

(L) Department of Public Works which includes business units

1470 DPW laquo Building Safety Code

1471 DPW -Secretarys Office

1480 DPW -Operations amp Maintenance (SPN)

1484 DPW -Roads and Grounds Div

1485 DPW - Solid Waste Management

1486 DPW -TransAutolHeavy Equipment Div

1490 DPW - Technical Services

(4) First Senatorial District (Rota) which includes the following

18 business units

19 1065 Office of the Mayor -Rota

20 1068 Mayors Contingency Fund

21 1066 Municipal Council - Rota

22 1112 DOF -Finance amp Acctg -Rota

23 1132 DOF -Revenue amp Tax - Rota

17-123HDl

14

PUBLIC LAW NO 17-21

HOUSE BILL SSt

1 1I42 Hnance - Procurement - Rota

2 1152 OOF - Customs - Rota

3 1232 Historic Preservation - Rota

4 1272 CCA - Sports amp Recreation- Rota

5 1282 DOL - Labor - Rota

6 1312 Commerce - Economic Dev - Rota

7 1352 DPS - Police - Rota

8 1353 DPS - Property and Protection Fire

9 1412 DLNR - Agriculture - Rota

10 1422 DLNR - Fish amp Wildlife - Rota

11 1442 DLNR - Parks amp Recreation - Rota

12 1463 DLNR - Soil amp Water Cons

13 1468 DLNR - Land Registration amp Survey

1482 DPW - Operations amp Maintenance - Rota

15 1523 Public Library - Rota

16 1912 OPH - Public Health - Rota

17 1957 OPH - Environmental Health - Rota

18 1989 OPH - Dental Services - Rota

19 3421 Youth Training

20 (5) Second Senatorial District (Tinian and Aguiguan) which

21 includes the following business units

22 1063 Mayor of Tinian - Office

23 1067 Mayors Contingency Fund

- 8 -

13

14

15

- 9-

1 1064

2 1111

3 1131

4 1141

5 1I51

6 1231

7 1271

8 1281

9 1311

10 1351

11 1411

12 1421

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 HDl SSt

Municipal Council - Timan

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

1441 DLNR - Parks amp Recreationmiddot Tinian

1462 DLNR - Soil amp Water Cons - Tinian

1481 DPW - Operations amp Maintenance - Tinian

16 1524 Public Library - Tinian

17 1906 DPH - Public Health - Tinian

18 1907 DPH - Dental Services - Tinian

19 1911 DPH - Environmental Health - Tinian

20 3420 Youth Training

21 (6) Third Senatorial District (Saipan and the Northern Islands)

22 which includes the following governmental offices

23 1060 Mayor of Northern Islands

HDlSSI

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

(7)

for which budget authority is herein provided including the following

(8) Boards

business units

(9) Other Programs

following business units

PUBLIC LAW NO 17-21

HOUSE BILL 17middot123

1061 Mayor of Saipan - Mayors Office

1059 Mayors Contingency Account

1062 Saipan and Northern Islands - Municipal Council

All government corporations as defined in 1 CMC sect7103(n)

(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

(0) Public Utilities Commission

and Commissions which includes the

1540 Civil Service Commission

1551 Commission on Election

1556 Board of Professional Licensing

and Autonomous Agencies which includes the

1600 Workers Compensation Commission

160 I Governor Lt Gov Pension

1602 Retirement COLA PL 5-38-39-25

1603 NMlOIC

- 10-

following

13

14

15

16

19

23

PUBLIC LAW NO 17-21

1 Aetna R-Off amp Ret

2 (l0) Public Corporations which includes the following business

3 units

4 1605 Northern Marianas College

5 3450 NMC- Apprentice Program

6 1606 Marianas Visitors Authority

7 1001 Board Of Education

8 1607 Public School System

9 (c) Independent programs means government programs under

10 separate boards established by law (unless receiving appropriations or

II budget authority under another heading) specialized general items of

12 appropriations and those non-profit corporations and associations or

organizations established outside of the Governm ent of the

Commonwealth of the Northern Mariana Islands to which the

Commonwealth Government provides financial assistance including

business units

17 1592 Joeten-Kiyu Public Library

18 1515 Public Assistance Program Matching Funds

1623 Judgments Against Government

20 3661 Commonwealth Museum

21 New La Fiesta Lease

22 1549 Council for the Human ities

1562 Ayuda Network

- II -

14

19

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 HOISSI

1 1568

2 1570

3 1577

4 1580

5 1591

Domestic Violence

National Governors Association

Karidat

Micronesian Legal Services

Utilities - CNMl Government

6 (d) Local funds means locally generated revenues and revenues

7 received pursuant to Section 702 (a) of the Covenant

8 (e) Operations means appropriations for all lawful activities

9 other than personnel

10 (f) Personnel means appropriations for salaries employers

1 1 contribution to the Northern Marianas Retirement Fund the Defined

12 Contribution Plan overtime night differential hazardous pay and other

13 employee wages and benefits

(g) Position or Full-Time Equivalent (FIE) means the

15 maximum number of persons that may be employed pursuant to Article

16 X Section 7 of the Commonwealth Constitution but does not include

17 Workforce Investment Agency substitute teachers summer trainees

18 teacher aides physicians licensed professional nurses and licensed allied

health providers working part-time and paid only for instructional time

20 student teacher trainees or short-term specialized instructors such as

21 visiting artists performers writers and the like For purposes of this

22 exception part-time means employment not exceeding 40 hours in any

23 biweekly pay period and short-term means not more than 90

- 12 -

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

lt$2134500gt

lt$16606000gt

23 1132565000

PUBLIC LAW NO 17-21

SSt

instructional days employment within the Public School System during the

fiscal year

CHAPTER II ESTIMATED REVENUES

Section 201 Estimated Revenues Pursuant to House Concurrent

Resolution No 17-2 HDI the total estimated revenues and resources approved

and identified for fY 2011 are as follows

I 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 Excisc 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) MY 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) 20078 refunding bond payment

(c) Deficit Reduction $

Subtotal

(d) Net fY 2011 budgetary resources available for appropriation

- 13 -

(e) Department

HDl

$2820866

$J3538

Suspension Earmarked

Appropriation Budget Authority

14

15

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 SSI

I of Public Lands

2 Grand Total

3 Notwithstanding CMC 7204 funds appropriated for FY2011 shall be

4 allotted monthly

5 Seetion 202 of 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 [WlA] and 50 to the

Retirement Fund)

CHAPTER III

16 GOVERNMENT CORPORATIONS AND DESIGNATED

17 AGENCIESACTIVITIES

18 Section 301 and 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 shaH not be

22 incurred or committed and hiring in excess of FTE ceilings is prohibited unless

- 14 -

ACTIVITIES FTE OPERATIONS

5O97122 $79118379 84215501

CertificatiQn

Reporting Requirement

19

23

PUBLIC LAW NO 17-21

1 authorized by a legislative joint resolution in accordance with Section 7 Article X

2 of the NMI Constitution

3 PERSONNEL 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 ------bullbull -----

7 (d) Commonwealth Utilities COrPOration no submittal

8 (e) NM Housing Corporation 24 1110989 1113108 2224097

9 (I) NMI Ret Fund 27 1353669 76659330 78012999

10 (g) Office of the Public Auditor 30 1818525 755700 2574225

II (h) Public Utilities Commission 55553 137550 193103

12 Grand Total l2

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

IS indicated above

16 Section 302 Prior 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

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

Section 303 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

- IS -

HD1SSI

1

2

3

4

5 Management

6

7

8

9

10

11

12

13

14

15

16

17

18 Ceiling

19

20

21

22 Expenditure Authority

PUBLIC LAW NO 17-21

HOUSE BILL 17-123

for personnel and operations of each governnIent 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

CHAPTER IV ADMINISTRATION OF APPROPRIATED FUNDS

Section 401 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 of Finance 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

(a) Employment Ceilings Pursuant to Article X sect 7 of the

Commonwealth Constitution the employment ceilings are hereby established as

set forth herein

Section 404

- 16-

17-123 HD1

13

14

15

PUBLIC LAW NO 17-21

HOUSE BILL SS1

I (a) The distribution and expenditure of funds shall be in compliance with

2 the fiscal expenditure authority the listed agencies have pursuant to statute and the

3 administrative provisions of this Act as set forth herein

4 (b) Except as provided in this Act the funds appropriated pursuant to this

5 Act shall be expended by the respective expenditure authority pursuant to I CMC

6 sectsect 7401 and 7503

7 (c) For the Ground Water Management and Protection Act Fund

8 expenditure authority is vested in the Director of the Division of Environmental

9 Quality

10 (d) For all government agencies receiving appropriated funds for

11 personnel or staff housing administrative and expenditure authority over housing

12 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

16 in the Family Violence Task Force chairperson with concurrence of the Family

17 Violence Task Force coordinator

18 (1) For Crime Stoppers International the chairperson of the board of the

19 directors shall be the expenditure authority

20 (g) For Independent Programs unless othernise provided in this Act or in

21 any other provision of law expenditure authority shall be vested in the Secretary

22 of Finance

23 CHAPTER V REPROGRAMMING AUTHORITY

- 17 -

Reprogramming Authority

BDI

Hiring

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 SSI

I

2 this act authority to reprogram

3

4

5 Governor shall have 100 reprogramming authority on funds

6

7

8

9

10

11 funds federal law federal grant

12 prohibitions and deposit and other

13 security and the financing of public

14 projeets

15

16 of $7539509 included in the

17

18

19

20

21

Section SOl

(a) Unless otherwise specified in

appropriated funds shall be as provided under 1 CMC sectsect 7402 and 7504

(b) Provided however I CMC sectsect 7402 (b) is hereby suspended for the

period of this Act

appropriated under Section 704 of this Act

(c) Notwithstanding any law to the contrary the Governors authority to

reprogram funds under this section shall include the authority to reprogram funds

available to all public corporations agencies and entities of the Commonwealth

Government upon approval by joint approval of the legislature provided that such

are not restricted from reprogramming by

conditions Commonwealth constitutional

restrictions related to bond covenants

CHAPTER VI SUPPLEMENTAL ADMINISTRATIVE PROVISIONS

Section 601 Utilities The amount

Independent Programs shall be appropriated for the payment of utilities for the

branches departments and agencies of the Commonwealth government except

the business units listed in Section I03(b )(7) and the Public School System and

the Northern Marianas College

Section 602 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

- 18 -

17-123

Litigation Expenditures

PUBLIC LAW NO 17-21

BOUSE BILL BDI SSt

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

II forth in Section 704 are contingent on this section remaining in this Appropriation

12 Act

13 Section 603 Restricted

14 Except for the governor the attorney general the chief justice of the

IS 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 thcir authority The terms agency and agencies as used in this section shall be

- 19-

1

2

3

4

5

6

7

8

9

10

11 Legal Holidays

12

13

14

15

16

17

18

19

20

21

22

23

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 HDl SSt

liberally construed to include all instrumentalities and subdivisions of the

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

of Finance

Section 605

(a) The following laws and regulations providing for payment of legal

holidays are repealed during fiscal year 2011

ICMCsect312 andsect313

Title 10 NMIAC sectlO-1O-135G) (Excepted Service)

Title 10 NMIAC sect 1 0-202-346 (Civil Service Executive Branch)

Title 10 NMIAC sect10-30middot344 (Civil Service Judicial Branch)

Title 40 NMIAC sect40-40-425 (Commonwealth Ports Authority)

Title 60 NMIAC sect60-30l-444 (Public School System)

Title 100 NMIAC sect 100middot50-430 (Northern Marianas Housing

Corporation)

Title 120 NMIAC sect120-1Omiddot230 (Excepted Service) and

Title 130 NMIAC 130middot20-330 (Office of the Public Auditor)

- 20 -

17-123 HDl

In

PUBLIC LAW NO 17-21

regular salary

receive leave with pay

employees if they

Section 701

HOUSE BILL SSl

1 (b) Any employee required to work on a legal holiday shall be paid hislher

2

3 (c) From the legal holidays listed in I CMC sect311 the Governor may

4 select one or more legal holidays for fiscal year 2011 for which employees shall

5

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 have available funds in their personnel account

9 CHAPTER VII APPROPRIATIONS

10 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 of expenditure by

21 (I) A reduction in work hours

22 (2) A reduction in wages

23 (3) Furlough

- 21 -

$2934762 $388085

Legislative

$3322847

14

19 45

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 HDl SSl

I (4) A reduction in force

2 (5) A reduction in expenditures for all others or

3 (6) A combination of reductions under subsections (I) 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 acconnts 1 CMC sect7402(c) is

10 suspended for the period that this Act is in effect

II (f) Provided however that during the period of this Act no funds shall be

12 reprogrammed from non-personnel acconnts to personnel accounts to increase any

13 salaries from its current level

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 7959n

Superior Court 1714552 160961 1875513

20 Administration 13 295435 217240 512675

21 Law Revision Comm 5 132442 6245 138687

22 TOTAL 74

23 Section 703 Branch

22

17-123

20000 ll

954597

PUBLIC LAW NO 17-21

HOUSE BILL HDl SSI

1 (a) In accordance with Article II sectJ6(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 eontribution and non-personnel expenses as listed

4 below of the Legislative branch

5 FIE PERSONNEL OPERATIONS TOTAL

6 House Members Salary 20 954597

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

House Members Allocation

House Leadership Allocation

Senate

Senate Members Allocation

Senate Leadership Allocation

Legislative Bureau

CNMI Youth Congress

100 1700000 1700000

138000 138000

9 431141 431141

45 765000 765000

138000 138000

28 1274764 167000 1441764

1 2 67 1lltIT

TOTAL 203 $2681669 $2928000 $5609669

(b) Salaries of Legislative Members

( l) The amount appropriated under this section to the House of

Representatives under personnel shall be used to fund the salaries and

benefits of the members of the House of Representatives The expenditure

authority for the amounts appropriated shall be the Secretary of Finance

(2) The amount appropriated under this section to the Senate under

personnel shall be used to fund the salaries and benefits of the members of the

Senate The expenditure authority for the amounts appropriated shall be the

Secretary of Finance

(c) House Members Office Accounts and Employees

23

HDI

14

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 SSt

1 (I) The Department of Finance shall establish and assign a number to a

2 new business unit account entitled House Members Office Accounts for the

3 appropriation for House Members Allocation Another new business unit

4 account entitled Senate Members Office Accounts for the appropriation for

5 Senate Members Allocation Under each of these said accounts an equal

6 amount of the appropriation shall be alloeated to subac ount further established

7 thereunder for each member of the respective house for the operations of the

8 members office as permitted under section 16 of article II of the CNMI

9 Constitution applicable laws and the rules of the legislative body to which the

10 member was elected

II (2) Notwithstanding I CMC sect7401(c) to the contrary each member

12 shall be the expenditure authority of the funds allocated to their indi vidual sub-

13 account

(3) Funds allocated for the operation of the members office including

15 but not limited to the personnel costs of the members employees and

16 expenditures as authorized by the adopted rules of the Senate in the case of the

17 Senate member or the adopted rules of the House of Representatives in the case

18 of a House member such as a monthly stipend to defray travel and incidental

19 expenses for the purpose of attending to legislative business outside the

20 members senatorial district

21 (4) Allocation ofFTEs among House members shall be governed by the

22 rules of the House

24

13

14

15

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 HDI SSI

I (5) Allocation of FTEs among Senate members shall be governed by

2 the rules of the Senate

3 (d) Senate and House Leadership Accounts

4 (1) The Department of Finance shall establish and assign a number to

5 two new business unit accounts one entitled House Leadership Account for

6 the appropriation in the amount of $ l38000 under All Others and another

7 new business unit account entitled Senate Leadership Account for the

8 appropriation in the amount of$138000 under All Others

9 (2) The presiding officer of each respective house or his lawfully

10 authorized designee shall be the expenditure authority and shall use such funds

II to support the operations and activities of the House of Representatives and

12 Senate in aceordance 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

16 the Legislative Bureau shall be the Director of the Legislative Bureau or his or her

17 lawfully authorized designee

18 (f) Northern Marianas Youth Congress The expenditure authority is vested in

19 the Director of the Legislative Bureau with tbe consultation of the Speaker of the

20 Northern Mariana Islands Youth Congress

21 Section 704 Executive Branch

25

HDl

PERSONNEL

8

13

14

42

96

485

20

21

22

24

25

26

27

28

29

30

31

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 SSl

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 OPERATIONS TOTAL

5 Office of Gov 140

6 Attorney General

7 Commerce 32

Comm amp Cult Affairs 88

9 Corrections

10 Finance 163

11 Labor 44

12 Lands amp Natural Res 98

Public Health

Public Safety 258

15 Public Works 129

16 Total 1575 $45120729 $14184384 $593651l3

17 Section 705 First Senatorial District - Rota

18 (a) There is hereby appropriated the following amounts to fund the personnel

19 and non-personnel expenses as listed below of the First Senatorial District

FfE PERSONNEL OPERATIONS TOTAL

Mayor 99

Municipal Conn II

23 Commerce (econ Dev) 8

CampCA ]0

Police (DPS) 34

Fire 12

Finance amp Actg 3

Revenue amp Tax 3

Customs 6

Procurement amp Supply 2

Labor 7

26

17-123 HDl

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

] 6

17

18

19

20

21

22

23

24

25

26

Agriculture

Historic Preservation

Lands Regisamp Survey

Fish amp Wildlife

Parks amp Recreation

Soil amp Water Consv

Rota Health Center

Dental Services

DPH Med Referral

Environmental Health

Public Works

Total

PUBLIC LAW NO 17-21

HOUSE BILL SSl

20

4

6

5

4

1

51

4

5

2

23

320 $5677593 $576487 $6256080

(b) The Rota Legislative Delegation shall determine by Local Delegation

Resolution the allocation of the funds appropriated for the First Senatorial District

(c) Except as provided in this section the Mayor of Rota shall have authority to

expend obligate encumber or otherwise eommit the funds appropriated to the First

Senatorial District Notwithstanding any law to the contrary the Mayor of Rota shall

have 100 reprogramming authority of the funds appropriated in this Act

Appropriations to the Municipal Council shall be divided and distributed equally to

each member of the Municipal Council Each Municipal Council member shall be the

expenditure authority of funds distributed to himlher Additionally in accord with the

Superior Courts decision in the case of Inos v Tenorio the Mayors shall also have

expenditure authority over resident government departments in the First and Second

senatorial districts respectively unless the Governor revokes expenditure authority in a

manner consistent with the Superior Courts holding in Inos v Tenorio to wit

expenditure authority over resident departments that are primarily concerned lith the

27

Aguiguan

17

PUBLIC LAW NO 17-21

BOUSE BILL 17-123 BDt SSt

I delivery of public services can be revoked only on a prior showing of just cause but

2 the Governor has discretion to revoke expenditure authority over those departments

3 that are primarily concerned with enforcing the law

4 (e) Rota Health Center Three hundred forty thousand ($34000000) from the

5 First Senatorial Districts budget appropriation is hereby allocated to pay for

6 professional services for nurses technicians and other medical and auxiliary

7 professionals as needed including one mental health counselor in the amount of Thirty

8 Three Thousand Dollars ($3300000)

9 (d) DPS Cadets One hundred seven thousand seven hundred eighty

10 ($10778000) from the First Senatorial Districts budget appropriation is hereby

11 allocated for five (5) Full Time Equivalents (FTEs) for the Rota Department of Public

12 Safety of the total 329 FTEs to fully fund the five (5) 2010 DPS Academy graduates

13 from the First District who shall be placed as FTEs within the Rota Department of

14 Public Safety Any shortfall for overtime retirement or benefits shall be borne by the

15 municipality

16 (e) Dentist Seventy-seven thousand two hundred dollars ($77200) from the

First Senatorial Districts budget appropriation is hereby allocated for one (1) Full

18 Time Equivalent (FTE) to hire a dentist

19 Section 706 Second Senatorial District - Tinian amp

20 (a) There is hereby appropriated the following amounts to fund the personnel

21 and non-personnel expenses of the Second Senatorial District as listed below

22 [j PERSONNEL OPERATIONS TOTAL

28

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

(C)

includes business units

PUBLIC LAW NO

HOUSE BILL

1496 DEQ Groundater Protection

1555 Zoning

35011583 WIA

1584 CJPA

1915 Vocational Rehabilitation

(B) Office of the Attorney General which includes business units

1170 Attorney Generals Office

1185 AGO Cons1llller Counsel

1187 AGO - Investigations

1188 AGO - Special Investigations

Department of Community and Cultural

1200 CCA - Secretarys Office

1220 CCA - DivfYouth 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 ChamoIToCaroIinian Language Commission

(D) Department of Commerce which includes business units

1300 Commerce - Secretarys Office

-4-

17-21

Affairs which

17-123 HDI

15

- 5-

PUBLIC LAW NO 17-21

HOUSE BILL SSt

I 1310 Commerce - Economic Dev

2 1331 Commerce - Central Statistics

3 1332 Commerce - ABTC

4 1333 Commerce - Enforcement

5 (E) Department of Corrections which includes business units

6 1335 Department of Corrections

7 (F) Department of Finance which includes business units

8 1100

9 1110

10 1120

11 1130

12 1140

13 1150

14 1160

DOF - Secretarys Office

DOF Finance and Accounting SPN

DOF Treasury

DOF Revenue and Taxation - Saipan

DOF Procurement -Saipan

DOF Customs - Saipan

DOF Electronic Data Processing

(G) Department of Labor which includes business units

16 1275 Labor - Secretarys Office

17 1280 Labor - Labor

18 1283 Administrative Hearing Office

19 1330 Labor - Employment Services

20 3430 Labor - Enforcement Fund

21 (H) Department of Lands and Natural Resources which includes

22 business units

23 1400 DLNR - Secretarys Office

17

PUBLIC LAW NO 17-21

SSt

1 1410 DLNR - Agriculture - Saipan

2 1420 DLNR - Fish amp Wildlife - Saipan

3 1440 DLNR - Parks amp GrOlUlds

4 1461 DLNR - Soil amp Water (SPN amp NI)

5 1467 DLNR - Land Registration amp Survey

6 (1) Department of Public Health which includes business units

7 1804 DPH - Cormnonwealth Health Center

8 1878 DPH - Medical Supplies

9 1901 DPH - Secretarys Office

10 1905 DPH - Environmental Services (SPN)

II 1925 DPH - Mental Health amp Social Services

12 1951 DPH - Medicaid Reimbursement

13 1952 DPH-CHIP

14 1970 DPH - Dental Services - Salpan

15 1976 DPH - General Public Health

16 1979 DPH - Medical Referral

1980 DPH - Medicaid Administration

18 1983 DPH -Childrens Development amp Assistance Center

19 1984 DPH - Transitional Living Center

20 (1) Department of Public Lands which includes business units

21 1950 Department of Public Lands

22 (K) Department of Public Safety which includes business units

23 1340 DPS - Commissioners Office

-6-

13

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15

16

17

-7 -

PUBLIC LAW NO 17-21

1

2

3

4

5

6

7

8

9

10

11

12

1350 DPS laquo Police -Saipan

1362 DPS laquo Administrative Div

1365 DPS - Bureau of Motor Vehicles

1370 DPSlaquo Investigative Div

1380 DPS -Fire

1390 DPSlaquo Boating Safety

1360 DPS laquo Training and Academy

1361 DPS -Criminal Justice Information Systems

(L) Department of Public Works which includes business units

1470 DPW laquo Building Safety Code

1471 DPW -Secretarys Office

1480 DPW -Operations amp Maintenance (SPN)

1484 DPW -Roads and Grounds Div

1485 DPW - Solid Waste Management

1486 DPW -TransAutolHeavy Equipment Div

1490 DPW - Technical Services

(4) First Senatorial District (Rota) which includes the following

18 business units

19 1065 Office of the Mayor -Rota

20 1068 Mayors Contingency Fund

21 1066 Municipal Council - Rota

22 1112 DOF -Finance amp Acctg -Rota

23 1132 DOF -Revenue amp Tax - Rota

17-123HDl

14

PUBLIC LAW NO 17-21

HOUSE BILL SSt

1 1I42 Hnance - Procurement - Rota

2 1152 OOF - Customs - Rota

3 1232 Historic Preservation - Rota

4 1272 CCA - Sports amp Recreation- Rota

5 1282 DOL - Labor - Rota

6 1312 Commerce - Economic Dev - Rota

7 1352 DPS - Police - Rota

8 1353 DPS - Property and Protection Fire

9 1412 DLNR - Agriculture - Rota

10 1422 DLNR - Fish amp Wildlife - Rota

11 1442 DLNR - Parks amp Recreation - Rota

12 1463 DLNR - Soil amp Water Cons

13 1468 DLNR - Land Registration amp Survey

1482 DPW - Operations amp Maintenance - Rota

15 1523 Public Library - Rota

16 1912 OPH - Public Health - Rota

17 1957 OPH - Environmental Health - Rota

18 1989 OPH - Dental Services - Rota

19 3421 Youth Training

20 (5) Second Senatorial District (Tinian and Aguiguan) which

21 includes the following business units

22 1063 Mayor of Tinian - Office

23 1067 Mayors Contingency Fund

- 8 -

13

14

15

- 9-

1 1064

2 1111

3 1131

4 1141

5 1I51

6 1231

7 1271

8 1281

9 1311

10 1351

11 1411

12 1421

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 HDl SSt

Municipal Council - Timan

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

1441 DLNR - Parks amp Recreationmiddot Tinian

1462 DLNR - Soil amp Water Cons - Tinian

1481 DPW - Operations amp Maintenance - Tinian

16 1524 Public Library - Tinian

17 1906 DPH - Public Health - Tinian

18 1907 DPH - Dental Services - Tinian

19 1911 DPH - Environmental Health - Tinian

20 3420 Youth Training

21 (6) Third Senatorial District (Saipan and the Northern Islands)

22 which includes the following governmental offices

23 1060 Mayor of Northern Islands

HDlSSI

1

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5

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8

9

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11

12

13

14

15

16

17

18

19

20

21

22

23

(7)

for which budget authority is herein provided including the following

(8) Boards

business units

(9) Other Programs

following business units

PUBLIC LAW NO 17-21

HOUSE BILL 17middot123

1061 Mayor of Saipan - Mayors Office

1059 Mayors Contingency Account

1062 Saipan and Northern Islands - Municipal Council

All government corporations as defined in 1 CMC sect7103(n)

(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

(0) Public Utilities Commission

and Commissions which includes the

1540 Civil Service Commission

1551 Commission on Election

1556 Board of Professional Licensing

and Autonomous Agencies which includes the

1600 Workers Compensation Commission

160 I Governor Lt Gov Pension

1602 Retirement COLA PL 5-38-39-25

1603 NMlOIC

- 10-

following

13

14

15

16

19

23

PUBLIC LAW NO 17-21

1 Aetna R-Off amp Ret

2 (l0) Public Corporations which includes the following business

3 units

4 1605 Northern Marianas College

5 3450 NMC- Apprentice Program

6 1606 Marianas Visitors Authority

7 1001 Board Of Education

8 1607 Public School System

9 (c) Independent programs means government programs under

10 separate boards established by law (unless receiving appropriations or

II budget authority under another heading) specialized general items of

12 appropriations and those non-profit corporations and associations or

organizations established outside of the Governm ent of the

Commonwealth of the Northern Mariana Islands to which the

Commonwealth Government provides financial assistance including

business units

17 1592 Joeten-Kiyu Public Library

18 1515 Public Assistance Program Matching Funds

1623 Judgments Against Government

20 3661 Commonwealth Museum

21 New La Fiesta Lease

22 1549 Council for the Human ities

1562 Ayuda Network

- II -

14

19

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 HOISSI

1 1568

2 1570

3 1577

4 1580

5 1591

Domestic Violence

National Governors Association

Karidat

Micronesian Legal Services

Utilities - CNMl Government

6 (d) Local funds means locally generated revenues and revenues

7 received pursuant to Section 702 (a) of the Covenant

8 (e) Operations means appropriations for all lawful activities

9 other than personnel

10 (f) Personnel means appropriations for salaries employers

1 1 contribution to the Northern Marianas Retirement Fund the Defined

12 Contribution Plan overtime night differential hazardous pay and other

13 employee wages and benefits

(g) Position or Full-Time Equivalent (FIE) means the

15 maximum number of persons that may be employed pursuant to Article

16 X Section 7 of the Commonwealth Constitution but does not include

17 Workforce Investment Agency substitute teachers summer trainees

18 teacher aides physicians licensed professional nurses and licensed allied

health providers working part-time and paid only for instructional time

20 student teacher trainees or short-term specialized instructors such as

21 visiting artists performers writers and the like For purposes of this

22 exception part-time means employment not exceeding 40 hours in any

23 biweekly pay period and short-term means not more than 90

- 12 -

1

2

3

4

5

6

7

8

9

10

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12

13

14

15

16

17

18

19

20

21

22

lt$2134500gt

lt$16606000gt

23 1132565000

PUBLIC LAW NO 17-21

SSt

instructional days employment within the Public School System during the

fiscal year

CHAPTER II ESTIMATED REVENUES

Section 201 Estimated Revenues Pursuant to House Concurrent

Resolution No 17-2 HDI the total estimated revenues and resources approved

and identified for fY 2011 are as follows

I 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 Excisc 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) MY 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) 20078 refunding bond payment

(c) Deficit Reduction $

Subtotal

(d) Net fY 2011 budgetary resources available for appropriation

- 13 -

(e) Department

HDl

$2820866

$J3538

Suspension Earmarked

Appropriation Budget Authority

14

15

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 SSI

I of Public Lands

2 Grand Total

3 Notwithstanding CMC 7204 funds appropriated for FY2011 shall be

4 allotted monthly

5 Seetion 202 of 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 [WlA] and 50 to the

Retirement Fund)

CHAPTER III

16 GOVERNMENT CORPORATIONS AND DESIGNATED

17 AGENCIESACTIVITIES

18 Section 301 and 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 shaH not be

22 incurred or committed and hiring in excess of FTE ceilings is prohibited unless

- 14 -

ACTIVITIES FTE OPERATIONS

5O97122 $79118379 84215501

CertificatiQn

Reporting Requirement

19

23

PUBLIC LAW NO 17-21

1 authorized by a legislative joint resolution in accordance with Section 7 Article X

2 of the NMI Constitution

3 PERSONNEL 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 ------bullbull -----

7 (d) Commonwealth Utilities COrPOration no submittal

8 (e) NM Housing Corporation 24 1110989 1113108 2224097

9 (I) NMI Ret Fund 27 1353669 76659330 78012999

10 (g) Office of the Public Auditor 30 1818525 755700 2574225

II (h) Public Utilities Commission 55553 137550 193103

12 Grand Total l2

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

IS indicated above

16 Section 302 Prior 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

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

Section 303 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

- IS -

HD1SSI

1

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3

4

5 Management

6

7

8

9

10

11

12

13

14

15

16

17

18 Ceiling

19

20

21

22 Expenditure Authority

PUBLIC LAW NO 17-21

HOUSE BILL 17-123

for personnel and operations of each governnIent 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

CHAPTER IV ADMINISTRATION OF APPROPRIATED FUNDS

Section 401 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 of Finance 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

(a) Employment Ceilings Pursuant to Article X sect 7 of the

Commonwealth Constitution the employment ceilings are hereby established as

set forth herein

Section 404

- 16-

17-123 HD1

13

14

15

PUBLIC LAW NO 17-21

HOUSE BILL SS1

I (a) The distribution and expenditure of funds shall be in compliance with

2 the fiscal expenditure authority the listed agencies have pursuant to statute and the

3 administrative provisions of this Act as set forth herein

4 (b) Except as provided in this Act the funds appropriated pursuant to this

5 Act shall be expended by the respective expenditure authority pursuant to I CMC

6 sectsect 7401 and 7503

7 (c) For the Ground Water Management and Protection Act Fund

8 expenditure authority is vested in the Director of the Division of Environmental

9 Quality

10 (d) For all government agencies receiving appropriated funds for

11 personnel or staff housing administrative and expenditure authority over housing

12 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

16 in the Family Violence Task Force chairperson with concurrence of the Family

17 Violence Task Force coordinator

18 (1) For Crime Stoppers International the chairperson of the board of the

19 directors shall be the expenditure authority

20 (g) For Independent Programs unless othernise provided in this Act or in

21 any other provision of law expenditure authority shall be vested in the Secretary

22 of Finance

23 CHAPTER V REPROGRAMMING AUTHORITY

- 17 -

Reprogramming Authority

BDI

Hiring

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 SSI

I

2 this act authority to reprogram

3

4

5 Governor shall have 100 reprogramming authority on funds

6

7

8

9

10

11 funds federal law federal grant

12 prohibitions and deposit and other

13 security and the financing of public

14 projeets

15

16 of $7539509 included in the

17

18

19

20

21

Section SOl

(a) Unless otherwise specified in

appropriated funds shall be as provided under 1 CMC sectsect 7402 and 7504

(b) Provided however I CMC sectsect 7402 (b) is hereby suspended for the

period of this Act

appropriated under Section 704 of this Act

(c) Notwithstanding any law to the contrary the Governors authority to

reprogram funds under this section shall include the authority to reprogram funds

available to all public corporations agencies and entities of the Commonwealth

Government upon approval by joint approval of the legislature provided that such

are not restricted from reprogramming by

conditions Commonwealth constitutional

restrictions related to bond covenants

CHAPTER VI SUPPLEMENTAL ADMINISTRATIVE PROVISIONS

Section 601 Utilities The amount

Independent Programs shall be appropriated for the payment of utilities for the

branches departments and agencies of the Commonwealth government except

the business units listed in Section I03(b )(7) and the Public School System and

the Northern Marianas College

Section 602 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

- 18 -

17-123

Litigation Expenditures

PUBLIC LAW NO 17-21

BOUSE BILL BDI SSt

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

II forth in Section 704 are contingent on this section remaining in this Appropriation

12 Act

13 Section 603 Restricted

14 Except for the governor the attorney general the chief justice of the

IS 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 thcir authority The terms agency and agencies as used in this section shall be

- 19-

1

2

3

4

5

6

7

8

9

10

11 Legal Holidays

12

13

14

15

16

17

18

19

20

21

22

23

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 HDl SSt

liberally construed to include all instrumentalities and subdivisions of the

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

of Finance

Section 605

(a) The following laws and regulations providing for payment of legal

holidays are repealed during fiscal year 2011

ICMCsect312 andsect313

Title 10 NMIAC sectlO-1O-135G) (Excepted Service)

Title 10 NMIAC sect 1 0-202-346 (Civil Service Executive Branch)

Title 10 NMIAC sect10-30middot344 (Civil Service Judicial Branch)

Title 40 NMIAC sect40-40-425 (Commonwealth Ports Authority)

Title 60 NMIAC sect60-30l-444 (Public School System)

Title 100 NMIAC sect 100middot50-430 (Northern Marianas Housing

Corporation)

Title 120 NMIAC sect120-1Omiddot230 (Excepted Service) and

Title 130 NMIAC 130middot20-330 (Office of the Public Auditor)

- 20 -

17-123 HDl

In

PUBLIC LAW NO 17-21

regular salary

receive leave with pay

employees if they

Section 701

HOUSE BILL SSl

1 (b) Any employee required to work on a legal holiday shall be paid hislher

2

3 (c) From the legal holidays listed in I CMC sect311 the Governor may

4 select one or more legal holidays for fiscal year 2011 for which employees shall

5

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 have available funds in their personnel account

9 CHAPTER VII APPROPRIATIONS

10 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 of expenditure by

21 (I) A reduction in work hours

22 (2) A reduction in wages

23 (3) Furlough

- 21 -

$2934762 $388085

Legislative

$3322847

14

19 45

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 HDl SSl

I (4) A reduction in force

2 (5) A reduction in expenditures for all others or

3 (6) A combination of reductions under subsections (I) 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 acconnts 1 CMC sect7402(c) is

10 suspended for the period that this Act is in effect

II (f) Provided however that during the period of this Act no funds shall be

12 reprogrammed from non-personnel acconnts to personnel accounts to increase any

13 salaries from its current level

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 7959n

Superior Court 1714552 160961 1875513

20 Administration 13 295435 217240 512675

21 Law Revision Comm 5 132442 6245 138687

22 TOTAL 74

23 Section 703 Branch

22

17-123

20000 ll

954597

PUBLIC LAW NO 17-21

HOUSE BILL HDl SSI

1 (a) In accordance with Article II sectJ6(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 eontribution and non-personnel expenses as listed

4 below of the Legislative branch

5 FIE PERSONNEL OPERATIONS TOTAL

6 House Members Salary 20 954597

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

House Members Allocation

House Leadership Allocation

Senate

Senate Members Allocation

Senate Leadership Allocation

Legislative Bureau

CNMI Youth Congress

100 1700000 1700000

138000 138000

9 431141 431141

45 765000 765000

138000 138000

28 1274764 167000 1441764

1 2 67 1lltIT

TOTAL 203 $2681669 $2928000 $5609669

(b) Salaries of Legislative Members

( l) The amount appropriated under this section to the House of

Representatives under personnel shall be used to fund the salaries and

benefits of the members of the House of Representatives The expenditure

authority for the amounts appropriated shall be the Secretary of Finance

(2) The amount appropriated under this section to the Senate under

personnel shall be used to fund the salaries and benefits of the members of the

Senate The expenditure authority for the amounts appropriated shall be the

Secretary of Finance

(c) House Members Office Accounts and Employees

23

HDI

14

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 SSt

1 (I) The Department of Finance shall establish and assign a number to a

2 new business unit account entitled House Members Office Accounts for the

3 appropriation for House Members Allocation Another new business unit

4 account entitled Senate Members Office Accounts for the appropriation for

5 Senate Members Allocation Under each of these said accounts an equal

6 amount of the appropriation shall be alloeated to subac ount further established

7 thereunder for each member of the respective house for the operations of the

8 members office as permitted under section 16 of article II of the CNMI

9 Constitution applicable laws and the rules of the legislative body to which the

10 member was elected

II (2) Notwithstanding I CMC sect7401(c) to the contrary each member

12 shall be the expenditure authority of the funds allocated to their indi vidual sub-

13 account

(3) Funds allocated for the operation of the members office including

15 but not limited to the personnel costs of the members employees and

16 expenditures as authorized by the adopted rules of the Senate in the case of the

17 Senate member or the adopted rules of the House of Representatives in the case

18 of a House member such as a monthly stipend to defray travel and incidental

19 expenses for the purpose of attending to legislative business outside the

20 members senatorial district

21 (4) Allocation ofFTEs among House members shall be governed by the

22 rules of the House

24

13

14

15

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 HDI SSI

I (5) Allocation of FTEs among Senate members shall be governed by

2 the rules of the Senate

3 (d) Senate and House Leadership Accounts

4 (1) The Department of Finance shall establish and assign a number to

5 two new business unit accounts one entitled House Leadership Account for

6 the appropriation in the amount of $ l38000 under All Others and another

7 new business unit account entitled Senate Leadership Account for the

8 appropriation in the amount of$138000 under All Others

9 (2) The presiding officer of each respective house or his lawfully

10 authorized designee shall be the expenditure authority and shall use such funds

II to support the operations and activities of the House of Representatives and

12 Senate in aceordance 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

16 the Legislative Bureau shall be the Director of the Legislative Bureau or his or her

17 lawfully authorized designee

18 (f) Northern Marianas Youth Congress The expenditure authority is vested in

19 the Director of the Legislative Bureau with tbe consultation of the Speaker of the

20 Northern Mariana Islands Youth Congress

21 Section 704 Executive Branch

25

HDl

PERSONNEL

8

13

14

42

96

485

20

21

22

24

25

26

27

28

29

30

31

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 SSl

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 OPERATIONS TOTAL

5 Office of Gov 140

6 Attorney General

7 Commerce 32

Comm amp Cult Affairs 88

9 Corrections

10 Finance 163

11 Labor 44

12 Lands amp Natural Res 98

Public Health

Public Safety 258

15 Public Works 129

16 Total 1575 $45120729 $14184384 $593651l3

17 Section 705 First Senatorial District - Rota

18 (a) There is hereby appropriated the following amounts to fund the personnel

19 and non-personnel expenses as listed below of the First Senatorial District

FfE PERSONNEL OPERATIONS TOTAL

Mayor 99

Municipal Conn II

23 Commerce (econ Dev) 8

CampCA ]0

Police (DPS) 34

Fire 12

Finance amp Actg 3

Revenue amp Tax 3

Customs 6

Procurement amp Supply 2

Labor 7

26

17-123 HDl

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

] 6

17

18

19

20

21

22

23

24

25

26

Agriculture

Historic Preservation

Lands Regisamp Survey

Fish amp Wildlife

Parks amp Recreation

Soil amp Water Consv

Rota Health Center

Dental Services

DPH Med Referral

Environmental Health

Public Works

Total

PUBLIC LAW NO 17-21

HOUSE BILL SSl

20

4

6

5

4

1

51

4

5

2

23

320 $5677593 $576487 $6256080

(b) The Rota Legislative Delegation shall determine by Local Delegation

Resolution the allocation of the funds appropriated for the First Senatorial District

(c) Except as provided in this section the Mayor of Rota shall have authority to

expend obligate encumber or otherwise eommit the funds appropriated to the First

Senatorial District Notwithstanding any law to the contrary the Mayor of Rota shall

have 100 reprogramming authority of the funds appropriated in this Act

Appropriations to the Municipal Council shall be divided and distributed equally to

each member of the Municipal Council Each Municipal Council member shall be the

expenditure authority of funds distributed to himlher Additionally in accord with the

Superior Courts decision in the case of Inos v Tenorio the Mayors shall also have

expenditure authority over resident government departments in the First and Second

senatorial districts respectively unless the Governor revokes expenditure authority in a

manner consistent with the Superior Courts holding in Inos v Tenorio to wit

expenditure authority over resident departments that are primarily concerned lith the

27

Aguiguan

17

PUBLIC LAW NO 17-21

BOUSE BILL 17-123 BDt SSt

I delivery of public services can be revoked only on a prior showing of just cause but

2 the Governor has discretion to revoke expenditure authority over those departments

3 that are primarily concerned with enforcing the law

4 (e) Rota Health Center Three hundred forty thousand ($34000000) from the

5 First Senatorial Districts budget appropriation is hereby allocated to pay for

6 professional services for nurses technicians and other medical and auxiliary

7 professionals as needed including one mental health counselor in the amount of Thirty

8 Three Thousand Dollars ($3300000)

9 (d) DPS Cadets One hundred seven thousand seven hundred eighty

10 ($10778000) from the First Senatorial Districts budget appropriation is hereby

11 allocated for five (5) Full Time Equivalents (FTEs) for the Rota Department of Public

12 Safety of the total 329 FTEs to fully fund the five (5) 2010 DPS Academy graduates

13 from the First District who shall be placed as FTEs within the Rota Department of

14 Public Safety Any shortfall for overtime retirement or benefits shall be borne by the

15 municipality

16 (e) Dentist Seventy-seven thousand two hundred dollars ($77200) from the

First Senatorial Districts budget appropriation is hereby allocated for one (1) Full

18 Time Equivalent (FTE) to hire a dentist

19 Section 706 Second Senatorial District - Tinian amp

20 (a) There is hereby appropriated the following amounts to fund the personnel

21 and non-personnel expenses of the Second Senatorial District as listed below

22 [j PERSONNEL OPERATIONS TOTAL

28

17-123 HDI

15

- 5-

PUBLIC LAW NO 17-21

HOUSE BILL SSt

I 1310 Commerce - Economic Dev

2 1331 Commerce - Central Statistics

3 1332 Commerce - ABTC

4 1333 Commerce - Enforcement

5 (E) Department of Corrections which includes business units

6 1335 Department of Corrections

7 (F) Department of Finance which includes business units

8 1100

9 1110

10 1120

11 1130

12 1140

13 1150

14 1160

DOF - Secretarys Office

DOF Finance and Accounting SPN

DOF Treasury

DOF Revenue and Taxation - Saipan

DOF Procurement -Saipan

DOF Customs - Saipan

DOF Electronic Data Processing

(G) Department of Labor which includes business units

16 1275 Labor - Secretarys Office

17 1280 Labor - Labor

18 1283 Administrative Hearing Office

19 1330 Labor - Employment Services

20 3430 Labor - Enforcement Fund

21 (H) Department of Lands and Natural Resources which includes

22 business units

23 1400 DLNR - Secretarys Office

17

PUBLIC LAW NO 17-21

SSt

1 1410 DLNR - Agriculture - Saipan

2 1420 DLNR - Fish amp Wildlife - Saipan

3 1440 DLNR - Parks amp GrOlUlds

4 1461 DLNR - Soil amp Water (SPN amp NI)

5 1467 DLNR - Land Registration amp Survey

6 (1) Department of Public Health which includes business units

7 1804 DPH - Cormnonwealth Health Center

8 1878 DPH - Medical Supplies

9 1901 DPH - Secretarys Office

10 1905 DPH - Environmental Services (SPN)

II 1925 DPH - Mental Health amp Social Services

12 1951 DPH - Medicaid Reimbursement

13 1952 DPH-CHIP

14 1970 DPH - Dental Services - Salpan

15 1976 DPH - General Public Health

16 1979 DPH - Medical Referral

1980 DPH - Medicaid Administration

18 1983 DPH -Childrens Development amp Assistance Center

19 1984 DPH - Transitional Living Center

20 (1) Department of Public Lands which includes business units

21 1950 Department of Public Lands

22 (K) Department of Public Safety which includes business units

23 1340 DPS - Commissioners Office

-6-

13

14

15

16

17

-7 -

PUBLIC LAW NO 17-21

1

2

3

4

5

6

7

8

9

10

11

12

1350 DPS laquo Police -Saipan

1362 DPS laquo Administrative Div

1365 DPS - Bureau of Motor Vehicles

1370 DPSlaquo Investigative Div

1380 DPS -Fire

1390 DPSlaquo Boating Safety

1360 DPS laquo Training and Academy

1361 DPS -Criminal Justice Information Systems

(L) Department of Public Works which includes business units

1470 DPW laquo Building Safety Code

1471 DPW -Secretarys Office

1480 DPW -Operations amp Maintenance (SPN)

1484 DPW -Roads and Grounds Div

1485 DPW - Solid Waste Management

1486 DPW -TransAutolHeavy Equipment Div

1490 DPW - Technical Services

(4) First Senatorial District (Rota) which includes the following

18 business units

19 1065 Office of the Mayor -Rota

20 1068 Mayors Contingency Fund

21 1066 Municipal Council - Rota

22 1112 DOF -Finance amp Acctg -Rota

23 1132 DOF -Revenue amp Tax - Rota

17-123HDl

14

PUBLIC LAW NO 17-21

HOUSE BILL SSt

1 1I42 Hnance - Procurement - Rota

2 1152 OOF - Customs - Rota

3 1232 Historic Preservation - Rota

4 1272 CCA - Sports amp Recreation- Rota

5 1282 DOL - Labor - Rota

6 1312 Commerce - Economic Dev - Rota

7 1352 DPS - Police - Rota

8 1353 DPS - Property and Protection Fire

9 1412 DLNR - Agriculture - Rota

10 1422 DLNR - Fish amp Wildlife - Rota

11 1442 DLNR - Parks amp Recreation - Rota

12 1463 DLNR - Soil amp Water Cons

13 1468 DLNR - Land Registration amp Survey

1482 DPW - Operations amp Maintenance - Rota

15 1523 Public Library - Rota

16 1912 OPH - Public Health - Rota

17 1957 OPH - Environmental Health - Rota

18 1989 OPH - Dental Services - Rota

19 3421 Youth Training

20 (5) Second Senatorial District (Tinian and Aguiguan) which

21 includes the following business units

22 1063 Mayor of Tinian - Office

23 1067 Mayors Contingency Fund

- 8 -

13

14

15

- 9-

1 1064

2 1111

3 1131

4 1141

5 1I51

6 1231

7 1271

8 1281

9 1311

10 1351

11 1411

12 1421

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 HDl SSt

Municipal Council - Timan

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

1441 DLNR - Parks amp Recreationmiddot Tinian

1462 DLNR - Soil amp Water Cons - Tinian

1481 DPW - Operations amp Maintenance - Tinian

16 1524 Public Library - Tinian

17 1906 DPH - Public Health - Tinian

18 1907 DPH - Dental Services - Tinian

19 1911 DPH - Environmental Health - Tinian

20 3420 Youth Training

21 (6) Third Senatorial District (Saipan and the Northern Islands)

22 which includes the following governmental offices

23 1060 Mayor of Northern Islands

HDlSSI

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

(7)

for which budget authority is herein provided including the following

(8) Boards

business units

(9) Other Programs

following business units

PUBLIC LAW NO 17-21

HOUSE BILL 17middot123

1061 Mayor of Saipan - Mayors Office

1059 Mayors Contingency Account

1062 Saipan and Northern Islands - Municipal Council

All government corporations as defined in 1 CMC sect7103(n)

(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

(0) Public Utilities Commission

and Commissions which includes the

1540 Civil Service Commission

1551 Commission on Election

1556 Board of Professional Licensing

and Autonomous Agencies which includes the

1600 Workers Compensation Commission

160 I Governor Lt Gov Pension

1602 Retirement COLA PL 5-38-39-25

1603 NMlOIC

- 10-

following

13

14

15

16

19

23

PUBLIC LAW NO 17-21

1 Aetna R-Off amp Ret

2 (l0) Public Corporations which includes the following business

3 units

4 1605 Northern Marianas College

5 3450 NMC- Apprentice Program

6 1606 Marianas Visitors Authority

7 1001 Board Of Education

8 1607 Public School System

9 (c) Independent programs means government programs under

10 separate boards established by law (unless receiving appropriations or

II budget authority under another heading) specialized general items of

12 appropriations and those non-profit corporations and associations or

organizations established outside of the Governm ent of the

Commonwealth of the Northern Mariana Islands to which the

Commonwealth Government provides financial assistance including

business units

17 1592 Joeten-Kiyu Public Library

18 1515 Public Assistance Program Matching Funds

1623 Judgments Against Government

20 3661 Commonwealth Museum

21 New La Fiesta Lease

22 1549 Council for the Human ities

1562 Ayuda Network

- II -

14

19

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 HOISSI

1 1568

2 1570

3 1577

4 1580

5 1591

Domestic Violence

National Governors Association

Karidat

Micronesian Legal Services

Utilities - CNMl Government

6 (d) Local funds means locally generated revenues and revenues

7 received pursuant to Section 702 (a) of the Covenant

8 (e) Operations means appropriations for all lawful activities

9 other than personnel

10 (f) Personnel means appropriations for salaries employers

1 1 contribution to the Northern Marianas Retirement Fund the Defined

12 Contribution Plan overtime night differential hazardous pay and other

13 employee wages and benefits

(g) Position or Full-Time Equivalent (FIE) means the

15 maximum number of persons that may be employed pursuant to Article

16 X Section 7 of the Commonwealth Constitution but does not include

17 Workforce Investment Agency substitute teachers summer trainees

18 teacher aides physicians licensed professional nurses and licensed allied

health providers working part-time and paid only for instructional time

20 student teacher trainees or short-term specialized instructors such as

21 visiting artists performers writers and the like For purposes of this

22 exception part-time means employment not exceeding 40 hours in any

23 biweekly pay period and short-term means not more than 90

- 12 -

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

lt$2134500gt

lt$16606000gt

23 1132565000

PUBLIC LAW NO 17-21

SSt

instructional days employment within the Public School System during the

fiscal year

CHAPTER II ESTIMATED REVENUES

Section 201 Estimated Revenues Pursuant to House Concurrent

Resolution No 17-2 HDI the total estimated revenues and resources approved

and identified for fY 2011 are as follows

I 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 Excisc 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) MY 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) 20078 refunding bond payment

(c) Deficit Reduction $

Subtotal

(d) Net fY 2011 budgetary resources available for appropriation

- 13 -

(e) Department

HDl

$2820866

$J3538

Suspension Earmarked

Appropriation Budget Authority

14

15

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 SSI

I of Public Lands

2 Grand Total

3 Notwithstanding CMC 7204 funds appropriated for FY2011 shall be

4 allotted monthly

5 Seetion 202 of 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 [WlA] and 50 to the

Retirement Fund)

CHAPTER III

16 GOVERNMENT CORPORATIONS AND DESIGNATED

17 AGENCIESACTIVITIES

18 Section 301 and 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 shaH not be

22 incurred or committed and hiring in excess of FTE ceilings is prohibited unless

- 14 -

ACTIVITIES FTE OPERATIONS

5O97122 $79118379 84215501

CertificatiQn

Reporting Requirement

19

23

PUBLIC LAW NO 17-21

1 authorized by a legislative joint resolution in accordance with Section 7 Article X

2 of the NMI Constitution

3 PERSONNEL 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 ------bullbull -----

7 (d) Commonwealth Utilities COrPOration no submittal

8 (e) NM Housing Corporation 24 1110989 1113108 2224097

9 (I) NMI Ret Fund 27 1353669 76659330 78012999

10 (g) Office of the Public Auditor 30 1818525 755700 2574225

II (h) Public Utilities Commission 55553 137550 193103

12 Grand Total l2

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

IS indicated above

16 Section 302 Prior 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

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

Section 303 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

- IS -

HD1SSI

1

2

3

4

5 Management

6

7

8

9

10

11

12

13

14

15

16

17

18 Ceiling

19

20

21

22 Expenditure Authority

PUBLIC LAW NO 17-21

HOUSE BILL 17-123

for personnel and operations of each governnIent 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

CHAPTER IV ADMINISTRATION OF APPROPRIATED FUNDS

Section 401 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 of Finance 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

(a) Employment Ceilings Pursuant to Article X sect 7 of the

Commonwealth Constitution the employment ceilings are hereby established as

set forth herein

Section 404

- 16-

17-123 HD1

13

14

15

PUBLIC LAW NO 17-21

HOUSE BILL SS1

I (a) The distribution and expenditure of funds shall be in compliance with

2 the fiscal expenditure authority the listed agencies have pursuant to statute and the

3 administrative provisions of this Act as set forth herein

4 (b) Except as provided in this Act the funds appropriated pursuant to this

5 Act shall be expended by the respective expenditure authority pursuant to I CMC

6 sectsect 7401 and 7503

7 (c) For the Ground Water Management and Protection Act Fund

8 expenditure authority is vested in the Director of the Division of Environmental

9 Quality

10 (d) For all government agencies receiving appropriated funds for

11 personnel or staff housing administrative and expenditure authority over housing

12 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

16 in the Family Violence Task Force chairperson with concurrence of the Family

17 Violence Task Force coordinator

18 (1) For Crime Stoppers International the chairperson of the board of the

19 directors shall be the expenditure authority

20 (g) For Independent Programs unless othernise provided in this Act or in

21 any other provision of law expenditure authority shall be vested in the Secretary

22 of Finance

23 CHAPTER V REPROGRAMMING AUTHORITY

- 17 -

Reprogramming Authority

BDI

Hiring

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 SSI

I

2 this act authority to reprogram

3

4

5 Governor shall have 100 reprogramming authority on funds

6

7

8

9

10

11 funds federal law federal grant

12 prohibitions and deposit and other

13 security and the financing of public

14 projeets

15

16 of $7539509 included in the

17

18

19

20

21

Section SOl

(a) Unless otherwise specified in

appropriated funds shall be as provided under 1 CMC sectsect 7402 and 7504

(b) Provided however I CMC sectsect 7402 (b) is hereby suspended for the

period of this Act

appropriated under Section 704 of this Act

(c) Notwithstanding any law to the contrary the Governors authority to

reprogram funds under this section shall include the authority to reprogram funds

available to all public corporations agencies and entities of the Commonwealth

Government upon approval by joint approval of the legislature provided that such

are not restricted from reprogramming by

conditions Commonwealth constitutional

restrictions related to bond covenants

CHAPTER VI SUPPLEMENTAL ADMINISTRATIVE PROVISIONS

Section 601 Utilities The amount

Independent Programs shall be appropriated for the payment of utilities for the

branches departments and agencies of the Commonwealth government except

the business units listed in Section I03(b )(7) and the Public School System and

the Northern Marianas College

Section 602 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

- 18 -

17-123

Litigation Expenditures

PUBLIC LAW NO 17-21

BOUSE BILL BDI SSt

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

II forth in Section 704 are contingent on this section remaining in this Appropriation

12 Act

13 Section 603 Restricted

14 Except for the governor the attorney general the chief justice of the

IS 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 thcir authority The terms agency and agencies as used in this section shall be

- 19-

1

2

3

4

5

6

7

8

9

10

11 Legal Holidays

12

13

14

15

16

17

18

19

20

21

22

23

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 HDl SSt

liberally construed to include all instrumentalities and subdivisions of the

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

of Finance

Section 605

(a) The following laws and regulations providing for payment of legal

holidays are repealed during fiscal year 2011

ICMCsect312 andsect313

Title 10 NMIAC sectlO-1O-135G) (Excepted Service)

Title 10 NMIAC sect 1 0-202-346 (Civil Service Executive Branch)

Title 10 NMIAC sect10-30middot344 (Civil Service Judicial Branch)

Title 40 NMIAC sect40-40-425 (Commonwealth Ports Authority)

Title 60 NMIAC sect60-30l-444 (Public School System)

Title 100 NMIAC sect 100middot50-430 (Northern Marianas Housing

Corporation)

Title 120 NMIAC sect120-1Omiddot230 (Excepted Service) and

Title 130 NMIAC 130middot20-330 (Office of the Public Auditor)

- 20 -

17-123 HDl

In

PUBLIC LAW NO 17-21

regular salary

receive leave with pay

employees if they

Section 701

HOUSE BILL SSl

1 (b) Any employee required to work on a legal holiday shall be paid hislher

2

3 (c) From the legal holidays listed in I CMC sect311 the Governor may

4 select one or more legal holidays for fiscal year 2011 for which employees shall

5

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 have available funds in their personnel account

9 CHAPTER VII APPROPRIATIONS

10 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 of expenditure by

21 (I) A reduction in work hours

22 (2) A reduction in wages

23 (3) Furlough

- 21 -

$2934762 $388085

Legislative

$3322847

14

19 45

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 HDl SSl

I (4) A reduction in force

2 (5) A reduction in expenditures for all others or

3 (6) A combination of reductions under subsections (I) 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 acconnts 1 CMC sect7402(c) is

10 suspended for the period that this Act is in effect

II (f) Provided however that during the period of this Act no funds shall be

12 reprogrammed from non-personnel acconnts to personnel accounts to increase any

13 salaries from its current level

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 7959n

Superior Court 1714552 160961 1875513

20 Administration 13 295435 217240 512675

21 Law Revision Comm 5 132442 6245 138687

22 TOTAL 74

23 Section 703 Branch

22

17-123

20000 ll

954597

PUBLIC LAW NO 17-21

HOUSE BILL HDl SSI

1 (a) In accordance with Article II sectJ6(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 eontribution and non-personnel expenses as listed

4 below of the Legislative branch

5 FIE PERSONNEL OPERATIONS TOTAL

6 House Members Salary 20 954597

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

House Members Allocation

House Leadership Allocation

Senate

Senate Members Allocation

Senate Leadership Allocation

Legislative Bureau

CNMI Youth Congress

100 1700000 1700000

138000 138000

9 431141 431141

45 765000 765000

138000 138000

28 1274764 167000 1441764

1 2 67 1lltIT

TOTAL 203 $2681669 $2928000 $5609669

(b) Salaries of Legislative Members

( l) The amount appropriated under this section to the House of

Representatives under personnel shall be used to fund the salaries and

benefits of the members of the House of Representatives The expenditure

authority for the amounts appropriated shall be the Secretary of Finance

(2) The amount appropriated under this section to the Senate under

personnel shall be used to fund the salaries and benefits of the members of the

Senate The expenditure authority for the amounts appropriated shall be the

Secretary of Finance

(c) House Members Office Accounts and Employees

23

HDI

14

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 SSt

1 (I) The Department of Finance shall establish and assign a number to a

2 new business unit account entitled House Members Office Accounts for the

3 appropriation for House Members Allocation Another new business unit

4 account entitled Senate Members Office Accounts for the appropriation for

5 Senate Members Allocation Under each of these said accounts an equal

6 amount of the appropriation shall be alloeated to subac ount further established

7 thereunder for each member of the respective house for the operations of the

8 members office as permitted under section 16 of article II of the CNMI

9 Constitution applicable laws and the rules of the legislative body to which the

10 member was elected

II (2) Notwithstanding I CMC sect7401(c) to the contrary each member

12 shall be the expenditure authority of the funds allocated to their indi vidual sub-

13 account

(3) Funds allocated for the operation of the members office including

15 but not limited to the personnel costs of the members employees and

16 expenditures as authorized by the adopted rules of the Senate in the case of the

17 Senate member or the adopted rules of the House of Representatives in the case

18 of a House member such as a monthly stipend to defray travel and incidental

19 expenses for the purpose of attending to legislative business outside the

20 members senatorial district

21 (4) Allocation ofFTEs among House members shall be governed by the

22 rules of the House

24

13

14

15

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 HDI SSI

I (5) Allocation of FTEs among Senate members shall be governed by

2 the rules of the Senate

3 (d) Senate and House Leadership Accounts

4 (1) The Department of Finance shall establish and assign a number to

5 two new business unit accounts one entitled House Leadership Account for

6 the appropriation in the amount of $ l38000 under All Others and another

7 new business unit account entitled Senate Leadership Account for the

8 appropriation in the amount of$138000 under All Others

9 (2) The presiding officer of each respective house or his lawfully

10 authorized designee shall be the expenditure authority and shall use such funds

II to support the operations and activities of the House of Representatives and

12 Senate in aceordance 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

16 the Legislative Bureau shall be the Director of the Legislative Bureau or his or her

17 lawfully authorized designee

18 (f) Northern Marianas Youth Congress The expenditure authority is vested in

19 the Director of the Legislative Bureau with tbe consultation of the Speaker of the

20 Northern Mariana Islands Youth Congress

21 Section 704 Executive Branch

25

HDl

PERSONNEL

8

13

14

42

96

485

20

21

22

24

25

26

27

28

29

30

31

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 SSl

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 OPERATIONS TOTAL

5 Office of Gov 140

6 Attorney General

7 Commerce 32

Comm amp Cult Affairs 88

9 Corrections

10 Finance 163

11 Labor 44

12 Lands amp Natural Res 98

Public Health

Public Safety 258

15 Public Works 129

16 Total 1575 $45120729 $14184384 $593651l3

17 Section 705 First Senatorial District - Rota

18 (a) There is hereby appropriated the following amounts to fund the personnel

19 and non-personnel expenses as listed below of the First Senatorial District

FfE PERSONNEL OPERATIONS TOTAL

Mayor 99

Municipal Conn II

23 Commerce (econ Dev) 8

CampCA ]0

Police (DPS) 34

Fire 12

Finance amp Actg 3

Revenue amp Tax 3

Customs 6

Procurement amp Supply 2

Labor 7

26

17-123 HDl

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

] 6

17

18

19

20

21

22

23

24

25

26

Agriculture

Historic Preservation

Lands Regisamp Survey

Fish amp Wildlife

Parks amp Recreation

Soil amp Water Consv

Rota Health Center

Dental Services

DPH Med Referral

Environmental Health

Public Works

Total

PUBLIC LAW NO 17-21

HOUSE BILL SSl

20

4

6

5

4

1

51

4

5

2

23

320 $5677593 $576487 $6256080

(b) The Rota Legislative Delegation shall determine by Local Delegation

Resolution the allocation of the funds appropriated for the First Senatorial District

(c) Except as provided in this section the Mayor of Rota shall have authority to

expend obligate encumber or otherwise eommit the funds appropriated to the First

Senatorial District Notwithstanding any law to the contrary the Mayor of Rota shall

have 100 reprogramming authority of the funds appropriated in this Act

Appropriations to the Municipal Council shall be divided and distributed equally to

each member of the Municipal Council Each Municipal Council member shall be the

expenditure authority of funds distributed to himlher Additionally in accord with the

Superior Courts decision in the case of Inos v Tenorio the Mayors shall also have

expenditure authority over resident government departments in the First and Second

senatorial districts respectively unless the Governor revokes expenditure authority in a

manner consistent with the Superior Courts holding in Inos v Tenorio to wit

expenditure authority over resident departments that are primarily concerned lith the

27

Aguiguan

17

PUBLIC LAW NO 17-21

BOUSE BILL 17-123 BDt SSt

I delivery of public services can be revoked only on a prior showing of just cause but

2 the Governor has discretion to revoke expenditure authority over those departments

3 that are primarily concerned with enforcing the law

4 (e) Rota Health Center Three hundred forty thousand ($34000000) from the

5 First Senatorial Districts budget appropriation is hereby allocated to pay for

6 professional services for nurses technicians and other medical and auxiliary

7 professionals as needed including one mental health counselor in the amount of Thirty

8 Three Thousand Dollars ($3300000)

9 (d) DPS Cadets One hundred seven thousand seven hundred eighty

10 ($10778000) from the First Senatorial Districts budget appropriation is hereby

11 allocated for five (5) Full Time Equivalents (FTEs) for the Rota Department of Public

12 Safety of the total 329 FTEs to fully fund the five (5) 2010 DPS Academy graduates

13 from the First District who shall be placed as FTEs within the Rota Department of

14 Public Safety Any shortfall for overtime retirement or benefits shall be borne by the

15 municipality

16 (e) Dentist Seventy-seven thousand two hundred dollars ($77200) from the

First Senatorial Districts budget appropriation is hereby allocated for one (1) Full

18 Time Equivalent (FTE) to hire a dentist

19 Section 706 Second Senatorial District - Tinian amp

20 (a) There is hereby appropriated the following amounts to fund the personnel

21 and non-personnel expenses of the Second Senatorial District as listed below

22 [j PERSONNEL OPERATIONS TOTAL

28

17

PUBLIC LAW NO 17-21

SSt

1 1410 DLNR - Agriculture - Saipan

2 1420 DLNR - Fish amp Wildlife - Saipan

3 1440 DLNR - Parks amp GrOlUlds

4 1461 DLNR - Soil amp Water (SPN amp NI)

5 1467 DLNR - Land Registration amp Survey

6 (1) Department of Public Health which includes business units

7 1804 DPH - Cormnonwealth Health Center

8 1878 DPH - Medical Supplies

9 1901 DPH - Secretarys Office

10 1905 DPH - Environmental Services (SPN)

II 1925 DPH - Mental Health amp Social Services

12 1951 DPH - Medicaid Reimbursement

13 1952 DPH-CHIP

14 1970 DPH - Dental Services - Salpan

15 1976 DPH - General Public Health

16 1979 DPH - Medical Referral

1980 DPH - Medicaid Administration

18 1983 DPH -Childrens Development amp Assistance Center

19 1984 DPH - Transitional Living Center

20 (1) Department of Public Lands which includes business units

21 1950 Department of Public Lands

22 (K) Department of Public Safety which includes business units

23 1340 DPS - Commissioners Office

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PUBLIC LAW NO 17-21

1

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8

9

10

11

12

1350 DPS laquo Police -Saipan

1362 DPS laquo Administrative Div

1365 DPS - Bureau of Motor Vehicles

1370 DPSlaquo Investigative Div

1380 DPS -Fire

1390 DPSlaquo Boating Safety

1360 DPS laquo Training and Academy

1361 DPS -Criminal Justice Information Systems

(L) Department of Public Works which includes business units

1470 DPW laquo Building Safety Code

1471 DPW -Secretarys Office

1480 DPW -Operations amp Maintenance (SPN)

1484 DPW -Roads and Grounds Div

1485 DPW - Solid Waste Management

1486 DPW -TransAutolHeavy Equipment Div

1490 DPW - Technical Services

(4) First Senatorial District (Rota) which includes the following

18 business units

19 1065 Office of the Mayor -Rota

20 1068 Mayors Contingency Fund

21 1066 Municipal Council - Rota

22 1112 DOF -Finance amp Acctg -Rota

23 1132 DOF -Revenue amp Tax - Rota

17-123HDl

14

PUBLIC LAW NO 17-21

HOUSE BILL SSt

1 1I42 Hnance - Procurement - Rota

2 1152 OOF - Customs - Rota

3 1232 Historic Preservation - Rota

4 1272 CCA - Sports amp Recreation- Rota

5 1282 DOL - Labor - Rota

6 1312 Commerce - Economic Dev - Rota

7 1352 DPS - Police - Rota

8 1353 DPS - Property and Protection Fire

9 1412 DLNR - Agriculture - Rota

10 1422 DLNR - Fish amp Wildlife - Rota

11 1442 DLNR - Parks amp Recreation - Rota

12 1463 DLNR - Soil amp Water Cons

13 1468 DLNR - Land Registration amp Survey

1482 DPW - Operations amp Maintenance - Rota

15 1523 Public Library - Rota

16 1912 OPH - Public Health - Rota

17 1957 OPH - Environmental Health - Rota

18 1989 OPH - Dental Services - Rota

19 3421 Youth Training

20 (5) Second Senatorial District (Tinian and Aguiguan) which

21 includes the following business units

22 1063 Mayor of Tinian - Office

23 1067 Mayors Contingency Fund

- 8 -

13

14

15

- 9-

1 1064

2 1111

3 1131

4 1141

5 1I51

6 1231

7 1271

8 1281

9 1311

10 1351

11 1411

12 1421

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 HDl SSt

Municipal Council - Timan

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

1441 DLNR - Parks amp Recreationmiddot Tinian

1462 DLNR - Soil amp Water Cons - Tinian

1481 DPW - Operations amp Maintenance - Tinian

16 1524 Public Library - Tinian

17 1906 DPH - Public Health - Tinian

18 1907 DPH - Dental Services - Tinian

19 1911 DPH - Environmental Health - Tinian

20 3420 Youth Training

21 (6) Third Senatorial District (Saipan and the Northern Islands)

22 which includes the following governmental offices

23 1060 Mayor of Northern Islands

HDlSSI

1

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5

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8

9

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11

12

13

14

15

16

17

18

19

20

21

22

23

(7)

for which budget authority is herein provided including the following

(8) Boards

business units

(9) Other Programs

following business units

PUBLIC LAW NO 17-21

HOUSE BILL 17middot123

1061 Mayor of Saipan - Mayors Office

1059 Mayors Contingency Account

1062 Saipan and Northern Islands - Municipal Council

All government corporations as defined in 1 CMC sect7103(n)

(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

(0) Public Utilities Commission

and Commissions which includes the

1540 Civil Service Commission

1551 Commission on Election

1556 Board of Professional Licensing

and Autonomous Agencies which includes the

1600 Workers Compensation Commission

160 I Governor Lt Gov Pension

1602 Retirement COLA PL 5-38-39-25

1603 NMlOIC

- 10-

following

13

14

15

16

19

23

PUBLIC LAW NO 17-21

1 Aetna R-Off amp Ret

2 (l0) Public Corporations which includes the following business

3 units

4 1605 Northern Marianas College

5 3450 NMC- Apprentice Program

6 1606 Marianas Visitors Authority

7 1001 Board Of Education

8 1607 Public School System

9 (c) Independent programs means government programs under

10 separate boards established by law (unless receiving appropriations or

II budget authority under another heading) specialized general items of

12 appropriations and those non-profit corporations and associations or

organizations established outside of the Governm ent of the

Commonwealth of the Northern Mariana Islands to which the

Commonwealth Government provides financial assistance including

business units

17 1592 Joeten-Kiyu Public Library

18 1515 Public Assistance Program Matching Funds

1623 Judgments Against Government

20 3661 Commonwealth Museum

21 New La Fiesta Lease

22 1549 Council for the Human ities

1562 Ayuda Network

- II -

14

19

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 HOISSI

1 1568

2 1570

3 1577

4 1580

5 1591

Domestic Violence

National Governors Association

Karidat

Micronesian Legal Services

Utilities - CNMl Government

6 (d) Local funds means locally generated revenues and revenues

7 received pursuant to Section 702 (a) of the Covenant

8 (e) Operations means appropriations for all lawful activities

9 other than personnel

10 (f) Personnel means appropriations for salaries employers

1 1 contribution to the Northern Marianas Retirement Fund the Defined

12 Contribution Plan overtime night differential hazardous pay and other

13 employee wages and benefits

(g) Position or Full-Time Equivalent (FIE) means the

15 maximum number of persons that may be employed pursuant to Article

16 X Section 7 of the Commonwealth Constitution but does not include

17 Workforce Investment Agency substitute teachers summer trainees

18 teacher aides physicians licensed professional nurses and licensed allied

health providers working part-time and paid only for instructional time

20 student teacher trainees or short-term specialized instructors such as

21 visiting artists performers writers and the like For purposes of this

22 exception part-time means employment not exceeding 40 hours in any

23 biweekly pay period and short-term means not more than 90

- 12 -

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4

5

6

7

8

9

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13

14

15

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17

18

19

20

21

22

lt$2134500gt

lt$16606000gt

23 1132565000

PUBLIC LAW NO 17-21

SSt

instructional days employment within the Public School System during the

fiscal year

CHAPTER II ESTIMATED REVENUES

Section 201 Estimated Revenues Pursuant to House Concurrent

Resolution No 17-2 HDI the total estimated revenues and resources approved

and identified for fY 2011 are as follows

I 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 Excisc 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) MY 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) 20078 refunding bond payment

(c) Deficit Reduction $

Subtotal

(d) Net fY 2011 budgetary resources available for appropriation

- 13 -

(e) Department

HDl

$2820866

$J3538

Suspension Earmarked

Appropriation Budget Authority

14

15

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 SSI

I of Public Lands

2 Grand Total

3 Notwithstanding CMC 7204 funds appropriated for FY2011 shall be

4 allotted monthly

5 Seetion 202 of 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 [WlA] and 50 to the

Retirement Fund)

CHAPTER III

16 GOVERNMENT CORPORATIONS AND DESIGNATED

17 AGENCIESACTIVITIES

18 Section 301 and 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 shaH not be

22 incurred or committed and hiring in excess of FTE ceilings is prohibited unless

- 14 -

ACTIVITIES FTE OPERATIONS

5O97122 $79118379 84215501

CertificatiQn

Reporting Requirement

19

23

PUBLIC LAW NO 17-21

1 authorized by a legislative joint resolution in accordance with Section 7 Article X

2 of the NMI Constitution

3 PERSONNEL 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 ------bullbull -----

7 (d) Commonwealth Utilities COrPOration no submittal

8 (e) NM Housing Corporation 24 1110989 1113108 2224097

9 (I) NMI Ret Fund 27 1353669 76659330 78012999

10 (g) Office of the Public Auditor 30 1818525 755700 2574225

II (h) Public Utilities Commission 55553 137550 193103

12 Grand Total l2

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

IS indicated above

16 Section 302 Prior 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

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

Section 303 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

- IS -

HD1SSI

1

2

3

4

5 Management

6

7

8

9

10

11

12

13

14

15

16

17

18 Ceiling

19

20

21

22 Expenditure Authority

PUBLIC LAW NO 17-21

HOUSE BILL 17-123

for personnel and operations of each governnIent 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

CHAPTER IV ADMINISTRATION OF APPROPRIATED FUNDS

Section 401 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 of Finance 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

(a) Employment Ceilings Pursuant to Article X sect 7 of the

Commonwealth Constitution the employment ceilings are hereby established as

set forth herein

Section 404

- 16-

17-123 HD1

13

14

15

PUBLIC LAW NO 17-21

HOUSE BILL SS1

I (a) The distribution and expenditure of funds shall be in compliance with

2 the fiscal expenditure authority the listed agencies have pursuant to statute and the

3 administrative provisions of this Act as set forth herein

4 (b) Except as provided in this Act the funds appropriated pursuant to this

5 Act shall be expended by the respective expenditure authority pursuant to I CMC

6 sectsect 7401 and 7503

7 (c) For the Ground Water Management and Protection Act Fund

8 expenditure authority is vested in the Director of the Division of Environmental

9 Quality

10 (d) For all government agencies receiving appropriated funds for

11 personnel or staff housing administrative and expenditure authority over housing

12 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

16 in the Family Violence Task Force chairperson with concurrence of the Family

17 Violence Task Force coordinator

18 (1) For Crime Stoppers International the chairperson of the board of the

19 directors shall be the expenditure authority

20 (g) For Independent Programs unless othernise provided in this Act or in

21 any other provision of law expenditure authority shall be vested in the Secretary

22 of Finance

23 CHAPTER V REPROGRAMMING AUTHORITY

- 17 -

Reprogramming Authority

BDI

Hiring

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 SSI

I

2 this act authority to reprogram

3

4

5 Governor shall have 100 reprogramming authority on funds

6

7

8

9

10

11 funds federal law federal grant

12 prohibitions and deposit and other

13 security and the financing of public

14 projeets

15

16 of $7539509 included in the

17

18

19

20

21

Section SOl

(a) Unless otherwise specified in

appropriated funds shall be as provided under 1 CMC sectsect 7402 and 7504

(b) Provided however I CMC sectsect 7402 (b) is hereby suspended for the

period of this Act

appropriated under Section 704 of this Act

(c) Notwithstanding any law to the contrary the Governors authority to

reprogram funds under this section shall include the authority to reprogram funds

available to all public corporations agencies and entities of the Commonwealth

Government upon approval by joint approval of the legislature provided that such

are not restricted from reprogramming by

conditions Commonwealth constitutional

restrictions related to bond covenants

CHAPTER VI SUPPLEMENTAL ADMINISTRATIVE PROVISIONS

Section 601 Utilities The amount

Independent Programs shall be appropriated for the payment of utilities for the

branches departments and agencies of the Commonwealth government except

the business units listed in Section I03(b )(7) and the Public School System and

the Northern Marianas College

Section 602 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

- 18 -

17-123

Litigation Expenditures

PUBLIC LAW NO 17-21

BOUSE BILL BDI SSt

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

II forth in Section 704 are contingent on this section remaining in this Appropriation

12 Act

13 Section 603 Restricted

14 Except for the governor the attorney general the chief justice of the

IS 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 thcir authority The terms agency and agencies as used in this section shall be

- 19-

1

2

3

4

5

6

7

8

9

10

11 Legal Holidays

12

13

14

15

16

17

18

19

20

21

22

23

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 HDl SSt

liberally construed to include all instrumentalities and subdivisions of the

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

of Finance

Section 605

(a) The following laws and regulations providing for payment of legal

holidays are repealed during fiscal year 2011

ICMCsect312 andsect313

Title 10 NMIAC sectlO-1O-135G) (Excepted Service)

Title 10 NMIAC sect 1 0-202-346 (Civil Service Executive Branch)

Title 10 NMIAC sect10-30middot344 (Civil Service Judicial Branch)

Title 40 NMIAC sect40-40-425 (Commonwealth Ports Authority)

Title 60 NMIAC sect60-30l-444 (Public School System)

Title 100 NMIAC sect 100middot50-430 (Northern Marianas Housing

Corporation)

Title 120 NMIAC sect120-1Omiddot230 (Excepted Service) and

Title 130 NMIAC 130middot20-330 (Office of the Public Auditor)

- 20 -

17-123 HDl

In

PUBLIC LAW NO 17-21

regular salary

receive leave with pay

employees if they

Section 701

HOUSE BILL SSl

1 (b) Any employee required to work on a legal holiday shall be paid hislher

2

3 (c) From the legal holidays listed in I CMC sect311 the Governor may

4 select one or more legal holidays for fiscal year 2011 for which employees shall

5

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 have available funds in their personnel account

9 CHAPTER VII APPROPRIATIONS

10 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 of expenditure by

21 (I) A reduction in work hours

22 (2) A reduction in wages

23 (3) Furlough

- 21 -

$2934762 $388085

Legislative

$3322847

14

19 45

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 HDl SSl

I (4) A reduction in force

2 (5) A reduction in expenditures for all others or

3 (6) A combination of reductions under subsections (I) 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 acconnts 1 CMC sect7402(c) is

10 suspended for the period that this Act is in effect

II (f) Provided however that during the period of this Act no funds shall be

12 reprogrammed from non-personnel acconnts to personnel accounts to increase any

13 salaries from its current level

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 7959n

Superior Court 1714552 160961 1875513

20 Administration 13 295435 217240 512675

21 Law Revision Comm 5 132442 6245 138687

22 TOTAL 74

23 Section 703 Branch

22

17-123

20000 ll

954597

PUBLIC LAW NO 17-21

HOUSE BILL HDl SSI

1 (a) In accordance with Article II sectJ6(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 eontribution and non-personnel expenses as listed

4 below of the Legislative branch

5 FIE PERSONNEL OPERATIONS TOTAL

6 House Members Salary 20 954597

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

House Members Allocation

House Leadership Allocation

Senate

Senate Members Allocation

Senate Leadership Allocation

Legislative Bureau

CNMI Youth Congress

100 1700000 1700000

138000 138000

9 431141 431141

45 765000 765000

138000 138000

28 1274764 167000 1441764

1 2 67 1lltIT

TOTAL 203 $2681669 $2928000 $5609669

(b) Salaries of Legislative Members

( l) The amount appropriated under this section to the House of

Representatives under personnel shall be used to fund the salaries and

benefits of the members of the House of Representatives The expenditure

authority for the amounts appropriated shall be the Secretary of Finance

(2) The amount appropriated under this section to the Senate under

personnel shall be used to fund the salaries and benefits of the members of the

Senate The expenditure authority for the amounts appropriated shall be the

Secretary of Finance

(c) House Members Office Accounts and Employees

23

HDI

14

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 SSt

1 (I) The Department of Finance shall establish and assign a number to a

2 new business unit account entitled House Members Office Accounts for the

3 appropriation for House Members Allocation Another new business unit

4 account entitled Senate Members Office Accounts for the appropriation for

5 Senate Members Allocation Under each of these said accounts an equal

6 amount of the appropriation shall be alloeated to subac ount further established

7 thereunder for each member of the respective house for the operations of the

8 members office as permitted under section 16 of article II of the CNMI

9 Constitution applicable laws and the rules of the legislative body to which the

10 member was elected

II (2) Notwithstanding I CMC sect7401(c) to the contrary each member

12 shall be the expenditure authority of the funds allocated to their indi vidual sub-

13 account

(3) Funds allocated for the operation of the members office including

15 but not limited to the personnel costs of the members employees and

16 expenditures as authorized by the adopted rules of the Senate in the case of the

17 Senate member or the adopted rules of the House of Representatives in the case

18 of a House member such as a monthly stipend to defray travel and incidental

19 expenses for the purpose of attending to legislative business outside the

20 members senatorial district

21 (4) Allocation ofFTEs among House members shall be governed by the

22 rules of the House

24

13

14

15

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 HDI SSI

I (5) Allocation of FTEs among Senate members shall be governed by

2 the rules of the Senate

3 (d) Senate and House Leadership Accounts

4 (1) The Department of Finance shall establish and assign a number to

5 two new business unit accounts one entitled House Leadership Account for

6 the appropriation in the amount of $ l38000 under All Others and another

7 new business unit account entitled Senate Leadership Account for the

8 appropriation in the amount of$138000 under All Others

9 (2) The presiding officer of each respective house or his lawfully

10 authorized designee shall be the expenditure authority and shall use such funds

II to support the operations and activities of the House of Representatives and

12 Senate in aceordance 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

16 the Legislative Bureau shall be the Director of the Legislative Bureau or his or her

17 lawfully authorized designee

18 (f) Northern Marianas Youth Congress The expenditure authority is vested in

19 the Director of the Legislative Bureau with tbe consultation of the Speaker of the

20 Northern Mariana Islands Youth Congress

21 Section 704 Executive Branch

25

HDl

PERSONNEL

8

13

14

42

96

485

20

21

22

24

25

26

27

28

29

30

31

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 SSl

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 OPERATIONS TOTAL

5 Office of Gov 140

6 Attorney General

7 Commerce 32

Comm amp Cult Affairs 88

9 Corrections

10 Finance 163

11 Labor 44

12 Lands amp Natural Res 98

Public Health

Public Safety 258

15 Public Works 129

16 Total 1575 $45120729 $14184384 $593651l3

17 Section 705 First Senatorial District - Rota

18 (a) There is hereby appropriated the following amounts to fund the personnel

19 and non-personnel expenses as listed below of the First Senatorial District

FfE PERSONNEL OPERATIONS TOTAL

Mayor 99

Municipal Conn II

23 Commerce (econ Dev) 8

CampCA ]0

Police (DPS) 34

Fire 12

Finance amp Actg 3

Revenue amp Tax 3

Customs 6

Procurement amp Supply 2

Labor 7

26

17-123 HDl

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

] 6

17

18

19

20

21

22

23

24

25

26

Agriculture

Historic Preservation

Lands Regisamp Survey

Fish amp Wildlife

Parks amp Recreation

Soil amp Water Consv

Rota Health Center

Dental Services

DPH Med Referral

Environmental Health

Public Works

Total

PUBLIC LAW NO 17-21

HOUSE BILL SSl

20

4

6

5

4

1

51

4

5

2

23

320 $5677593 $576487 $6256080

(b) The Rota Legislative Delegation shall determine by Local Delegation

Resolution the allocation of the funds appropriated for the First Senatorial District

(c) Except as provided in this section the Mayor of Rota shall have authority to

expend obligate encumber or otherwise eommit the funds appropriated to the First

Senatorial District Notwithstanding any law to the contrary the Mayor of Rota shall

have 100 reprogramming authority of the funds appropriated in this Act

Appropriations to the Municipal Council shall be divided and distributed equally to

each member of the Municipal Council Each Municipal Council member shall be the

expenditure authority of funds distributed to himlher Additionally in accord with the

Superior Courts decision in the case of Inos v Tenorio the Mayors shall also have

expenditure authority over resident government departments in the First and Second

senatorial districts respectively unless the Governor revokes expenditure authority in a

manner consistent with the Superior Courts holding in Inos v Tenorio to wit

expenditure authority over resident departments that are primarily concerned lith the

27

Aguiguan

17

PUBLIC LAW NO 17-21

BOUSE BILL 17-123 BDt SSt

I delivery of public services can be revoked only on a prior showing of just cause but

2 the Governor has discretion to revoke expenditure authority over those departments

3 that are primarily concerned with enforcing the law

4 (e) Rota Health Center Three hundred forty thousand ($34000000) from the

5 First Senatorial Districts budget appropriation is hereby allocated to pay for

6 professional services for nurses technicians and other medical and auxiliary

7 professionals as needed including one mental health counselor in the amount of Thirty

8 Three Thousand Dollars ($3300000)

9 (d) DPS Cadets One hundred seven thousand seven hundred eighty

10 ($10778000) from the First Senatorial Districts budget appropriation is hereby

11 allocated for five (5) Full Time Equivalents (FTEs) for the Rota Department of Public

12 Safety of the total 329 FTEs to fully fund the five (5) 2010 DPS Academy graduates

13 from the First District who shall be placed as FTEs within the Rota Department of

14 Public Safety Any shortfall for overtime retirement or benefits shall be borne by the

15 municipality

16 (e) Dentist Seventy-seven thousand two hundred dollars ($77200) from the

First Senatorial Districts budget appropriation is hereby allocated for one (1) Full

18 Time Equivalent (FTE) to hire a dentist

19 Section 706 Second Senatorial District - Tinian amp

20 (a) There is hereby appropriated the following amounts to fund the personnel

21 and non-personnel expenses of the Second Senatorial District as listed below

22 [j PERSONNEL OPERATIONS TOTAL

28

13

14

15

16

17

-7 -

PUBLIC LAW NO 17-21

1

2

3

4

5

6

7

8

9

10

11

12

1350 DPS laquo Police -Saipan

1362 DPS laquo Administrative Div

1365 DPS - Bureau of Motor Vehicles

1370 DPSlaquo Investigative Div

1380 DPS -Fire

1390 DPSlaquo Boating Safety

1360 DPS laquo Training and Academy

1361 DPS -Criminal Justice Information Systems

(L) Department of Public Works which includes business units

1470 DPW laquo Building Safety Code

1471 DPW -Secretarys Office

1480 DPW -Operations amp Maintenance (SPN)

1484 DPW -Roads and Grounds Div

1485 DPW - Solid Waste Management

1486 DPW -TransAutolHeavy Equipment Div

1490 DPW - Technical Services

(4) First Senatorial District (Rota) which includes the following

18 business units

19 1065 Office of the Mayor -Rota

20 1068 Mayors Contingency Fund

21 1066 Municipal Council - Rota

22 1112 DOF -Finance amp Acctg -Rota

23 1132 DOF -Revenue amp Tax - Rota

17-123HDl

14

PUBLIC LAW NO 17-21

HOUSE BILL SSt

1 1I42 Hnance - Procurement - Rota

2 1152 OOF - Customs - Rota

3 1232 Historic Preservation - Rota

4 1272 CCA - Sports amp Recreation- Rota

5 1282 DOL - Labor - Rota

6 1312 Commerce - Economic Dev - Rota

7 1352 DPS - Police - Rota

8 1353 DPS - Property and Protection Fire

9 1412 DLNR - Agriculture - Rota

10 1422 DLNR - Fish amp Wildlife - Rota

11 1442 DLNR - Parks amp Recreation - Rota

12 1463 DLNR - Soil amp Water Cons

13 1468 DLNR - Land Registration amp Survey

1482 DPW - Operations amp Maintenance - Rota

15 1523 Public Library - Rota

16 1912 OPH - Public Health - Rota

17 1957 OPH - Environmental Health - Rota

18 1989 OPH - Dental Services - Rota

19 3421 Youth Training

20 (5) Second Senatorial District (Tinian and Aguiguan) which

21 includes the following business units

22 1063 Mayor of Tinian - Office

23 1067 Mayors Contingency Fund

- 8 -

13

14

15

- 9-

1 1064

2 1111

3 1131

4 1141

5 1I51

6 1231

7 1271

8 1281

9 1311

10 1351

11 1411

12 1421

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 HDl SSt

Municipal Council - Timan

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

1441 DLNR - Parks amp Recreationmiddot Tinian

1462 DLNR - Soil amp Water Cons - Tinian

1481 DPW - Operations amp Maintenance - Tinian

16 1524 Public Library - Tinian

17 1906 DPH - Public Health - Tinian

18 1907 DPH - Dental Services - Tinian

19 1911 DPH - Environmental Health - Tinian

20 3420 Youth Training

21 (6) Third Senatorial District (Saipan and the Northern Islands)

22 which includes the following governmental offices

23 1060 Mayor of Northern Islands

HDlSSI

1

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5

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8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

(7)

for which budget authority is herein provided including the following

(8) Boards

business units

(9) Other Programs

following business units

PUBLIC LAW NO 17-21

HOUSE BILL 17middot123

1061 Mayor of Saipan - Mayors Office

1059 Mayors Contingency Account

1062 Saipan and Northern Islands - Municipal Council

All government corporations as defined in 1 CMC sect7103(n)

(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

(0) Public Utilities Commission

and Commissions which includes the

1540 Civil Service Commission

1551 Commission on Election

1556 Board of Professional Licensing

and Autonomous Agencies which includes the

1600 Workers Compensation Commission

160 I Governor Lt Gov Pension

1602 Retirement COLA PL 5-38-39-25

1603 NMlOIC

- 10-

following

13

14

15

16

19

23

PUBLIC LAW NO 17-21

1 Aetna R-Off amp Ret

2 (l0) Public Corporations which includes the following business

3 units

4 1605 Northern Marianas College

5 3450 NMC- Apprentice Program

6 1606 Marianas Visitors Authority

7 1001 Board Of Education

8 1607 Public School System

9 (c) Independent programs means government programs under

10 separate boards established by law (unless receiving appropriations or

II budget authority under another heading) specialized general items of

12 appropriations and those non-profit corporations and associations or

organizations established outside of the Governm ent of the

Commonwealth of the Northern Mariana Islands to which the

Commonwealth Government provides financial assistance including

business units

17 1592 Joeten-Kiyu Public Library

18 1515 Public Assistance Program Matching Funds

1623 Judgments Against Government

20 3661 Commonwealth Museum

21 New La Fiesta Lease

22 1549 Council for the Human ities

1562 Ayuda Network

- II -

14

19

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 HOISSI

1 1568

2 1570

3 1577

4 1580

5 1591

Domestic Violence

National Governors Association

Karidat

Micronesian Legal Services

Utilities - CNMl Government

6 (d) Local funds means locally generated revenues and revenues

7 received pursuant to Section 702 (a) of the Covenant

8 (e) Operations means appropriations for all lawful activities

9 other than personnel

10 (f) Personnel means appropriations for salaries employers

1 1 contribution to the Northern Marianas Retirement Fund the Defined

12 Contribution Plan overtime night differential hazardous pay and other

13 employee wages and benefits

(g) Position or Full-Time Equivalent (FIE) means the

15 maximum number of persons that may be employed pursuant to Article

16 X Section 7 of the Commonwealth Constitution but does not include

17 Workforce Investment Agency substitute teachers summer trainees

18 teacher aides physicians licensed professional nurses and licensed allied

health providers working part-time and paid only for instructional time

20 student teacher trainees or short-term specialized instructors such as

21 visiting artists performers writers and the like For purposes of this

22 exception part-time means employment not exceeding 40 hours in any

23 biweekly pay period and short-term means not more than 90

- 12 -

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

lt$2134500gt

lt$16606000gt

23 1132565000

PUBLIC LAW NO 17-21

SSt

instructional days employment within the Public School System during the

fiscal year

CHAPTER II ESTIMATED REVENUES

Section 201 Estimated Revenues Pursuant to House Concurrent

Resolution No 17-2 HDI the total estimated revenues and resources approved

and identified for fY 2011 are as follows

I 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 Excisc 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) MY 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) 20078 refunding bond payment

(c) Deficit Reduction $

Subtotal

(d) Net fY 2011 budgetary resources available for appropriation

- 13 -

(e) Department

HDl

$2820866

$J3538

Suspension Earmarked

Appropriation Budget Authority

14

15

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 SSI

I of Public Lands

2 Grand Total

3 Notwithstanding CMC 7204 funds appropriated for FY2011 shall be

4 allotted monthly

5 Seetion 202 of 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 [WlA] and 50 to the

Retirement Fund)

CHAPTER III

16 GOVERNMENT CORPORATIONS AND DESIGNATED

17 AGENCIESACTIVITIES

18 Section 301 and 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 shaH not be

22 incurred or committed and hiring in excess of FTE ceilings is prohibited unless

- 14 -

ACTIVITIES FTE OPERATIONS

5O97122 $79118379 84215501

CertificatiQn

Reporting Requirement

19

23

PUBLIC LAW NO 17-21

1 authorized by a legislative joint resolution in accordance with Section 7 Article X

2 of the NMI Constitution

3 PERSONNEL 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 ------bullbull -----

7 (d) Commonwealth Utilities COrPOration no submittal

8 (e) NM Housing Corporation 24 1110989 1113108 2224097

9 (I) NMI Ret Fund 27 1353669 76659330 78012999

10 (g) Office of the Public Auditor 30 1818525 755700 2574225

II (h) Public Utilities Commission 55553 137550 193103

12 Grand Total l2

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

IS indicated above

16 Section 302 Prior 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

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

Section 303 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

- IS -

HD1SSI

1

2

3

4

5 Management

6

7

8

9

10

11

12

13

14

15

16

17

18 Ceiling

19

20

21

22 Expenditure Authority

PUBLIC LAW NO 17-21

HOUSE BILL 17-123

for personnel and operations of each governnIent 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

CHAPTER IV ADMINISTRATION OF APPROPRIATED FUNDS

Section 401 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 of Finance 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

(a) Employment Ceilings Pursuant to Article X sect 7 of the

Commonwealth Constitution the employment ceilings are hereby established as

set forth herein

Section 404

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17-123 HD1

13

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15

PUBLIC LAW NO 17-21

HOUSE BILL SS1

I (a) The distribution and expenditure of funds shall be in compliance with

2 the fiscal expenditure authority the listed agencies have pursuant to statute and the

3 administrative provisions of this Act as set forth herein

4 (b) Except as provided in this Act the funds appropriated pursuant to this

5 Act shall be expended by the respective expenditure authority pursuant to I CMC

6 sectsect 7401 and 7503

7 (c) For the Ground Water Management and Protection Act Fund

8 expenditure authority is vested in the Director of the Division of Environmental

9 Quality

10 (d) For all government agencies receiving appropriated funds for

11 personnel or staff housing administrative and expenditure authority over housing

12 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

16 in the Family Violence Task Force chairperson with concurrence of the Family

17 Violence Task Force coordinator

18 (1) For Crime Stoppers International the chairperson of the board of the

19 directors shall be the expenditure authority

20 (g) For Independent Programs unless othernise provided in this Act or in

21 any other provision of law expenditure authority shall be vested in the Secretary

22 of Finance

23 CHAPTER V REPROGRAMMING AUTHORITY

- 17 -

Reprogramming Authority

BDI

Hiring

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 SSI

I

2 this act authority to reprogram

3

4

5 Governor shall have 100 reprogramming authority on funds

6

7

8

9

10

11 funds federal law federal grant

12 prohibitions and deposit and other

13 security and the financing of public

14 projeets

15

16 of $7539509 included in the

17

18

19

20

21

Section SOl

(a) Unless otherwise specified in

appropriated funds shall be as provided under 1 CMC sectsect 7402 and 7504

(b) Provided however I CMC sectsect 7402 (b) is hereby suspended for the

period of this Act

appropriated under Section 704 of this Act

(c) Notwithstanding any law to the contrary the Governors authority to

reprogram funds under this section shall include the authority to reprogram funds

available to all public corporations agencies and entities of the Commonwealth

Government upon approval by joint approval of the legislature provided that such

are not restricted from reprogramming by

conditions Commonwealth constitutional

restrictions related to bond covenants

CHAPTER VI SUPPLEMENTAL ADMINISTRATIVE PROVISIONS

Section 601 Utilities The amount

Independent Programs shall be appropriated for the payment of utilities for the

branches departments and agencies of the Commonwealth government except

the business units listed in Section I03(b )(7) and the Public School System and

the Northern Marianas College

Section 602 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

- 18 -

17-123

Litigation Expenditures

PUBLIC LAW NO 17-21

BOUSE BILL BDI SSt

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

II forth in Section 704 are contingent on this section remaining in this Appropriation

12 Act

13 Section 603 Restricted

14 Except for the governor the attorney general the chief justice of the

IS 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 thcir authority The terms agency and agencies as used in this section shall be

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2

3

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6

7

8

9

10

11 Legal Holidays

12

13

14

15

16

17

18

19

20

21

22

23

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 HDl SSt

liberally construed to include all instrumentalities and subdivisions of the

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

of Finance

Section 605

(a) The following laws and regulations providing for payment of legal

holidays are repealed during fiscal year 2011

ICMCsect312 andsect313

Title 10 NMIAC sectlO-1O-135G) (Excepted Service)

Title 10 NMIAC sect 1 0-202-346 (Civil Service Executive Branch)

Title 10 NMIAC sect10-30middot344 (Civil Service Judicial Branch)

Title 40 NMIAC sect40-40-425 (Commonwealth Ports Authority)

Title 60 NMIAC sect60-30l-444 (Public School System)

Title 100 NMIAC sect 100middot50-430 (Northern Marianas Housing

Corporation)

Title 120 NMIAC sect120-1Omiddot230 (Excepted Service) and

Title 130 NMIAC 130middot20-330 (Office of the Public Auditor)

- 20 -

17-123 HDl

In

PUBLIC LAW NO 17-21

regular salary

receive leave with pay

employees if they

Section 701

HOUSE BILL SSl

1 (b) Any employee required to work on a legal holiday shall be paid hislher

2

3 (c) From the legal holidays listed in I CMC sect311 the Governor may

4 select one or more legal holidays for fiscal year 2011 for which employees shall

5

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 have available funds in their personnel account

9 CHAPTER VII APPROPRIATIONS

10 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 of expenditure by

21 (I) A reduction in work hours

22 (2) A reduction in wages

23 (3) Furlough

- 21 -

$2934762 $388085

Legislative

$3322847

14

19 45

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 HDl SSl

I (4) A reduction in force

2 (5) A reduction in expenditures for all others or

3 (6) A combination of reductions under subsections (I) 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 acconnts 1 CMC sect7402(c) is

10 suspended for the period that this Act is in effect

II (f) Provided however that during the period of this Act no funds shall be

12 reprogrammed from non-personnel acconnts to personnel accounts to increase any

13 salaries from its current level

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 7959n

Superior Court 1714552 160961 1875513

20 Administration 13 295435 217240 512675

21 Law Revision Comm 5 132442 6245 138687

22 TOTAL 74

23 Section 703 Branch

22

17-123

20000 ll

954597

PUBLIC LAW NO 17-21

HOUSE BILL HDl SSI

1 (a) In accordance with Article II sectJ6(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 eontribution and non-personnel expenses as listed

4 below of the Legislative branch

5 FIE PERSONNEL OPERATIONS TOTAL

6 House Members Salary 20 954597

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

House Members Allocation

House Leadership Allocation

Senate

Senate Members Allocation

Senate Leadership Allocation

Legislative Bureau

CNMI Youth Congress

100 1700000 1700000

138000 138000

9 431141 431141

45 765000 765000

138000 138000

28 1274764 167000 1441764

1 2 67 1lltIT

TOTAL 203 $2681669 $2928000 $5609669

(b) Salaries of Legislative Members

( l) The amount appropriated under this section to the House of

Representatives under personnel shall be used to fund the salaries and

benefits of the members of the House of Representatives The expenditure

authority for the amounts appropriated shall be the Secretary of Finance

(2) The amount appropriated under this section to the Senate under

personnel shall be used to fund the salaries and benefits of the members of the

Senate The expenditure authority for the amounts appropriated shall be the

Secretary of Finance

(c) House Members Office Accounts and Employees

23

HDI

14

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 SSt

1 (I) The Department of Finance shall establish and assign a number to a

2 new business unit account entitled House Members Office Accounts for the

3 appropriation for House Members Allocation Another new business unit

4 account entitled Senate Members Office Accounts for the appropriation for

5 Senate Members Allocation Under each of these said accounts an equal

6 amount of the appropriation shall be alloeated to subac ount further established

7 thereunder for each member of the respective house for the operations of the

8 members office as permitted under section 16 of article II of the CNMI

9 Constitution applicable laws and the rules of the legislative body to which the

10 member was elected

II (2) Notwithstanding I CMC sect7401(c) to the contrary each member

12 shall be the expenditure authority of the funds allocated to their indi vidual sub-

13 account

(3) Funds allocated for the operation of the members office including

15 but not limited to the personnel costs of the members employees and

16 expenditures as authorized by the adopted rules of the Senate in the case of the

17 Senate member or the adopted rules of the House of Representatives in the case

18 of a House member such as a monthly stipend to defray travel and incidental

19 expenses for the purpose of attending to legislative business outside the

20 members senatorial district

21 (4) Allocation ofFTEs among House members shall be governed by the

22 rules of the House

24

13

14

15

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 HDI SSI

I (5) Allocation of FTEs among Senate members shall be governed by

2 the rules of the Senate

3 (d) Senate and House Leadership Accounts

4 (1) The Department of Finance shall establish and assign a number to

5 two new business unit accounts one entitled House Leadership Account for

6 the appropriation in the amount of $ l38000 under All Others and another

7 new business unit account entitled Senate Leadership Account for the

8 appropriation in the amount of$138000 under All Others

9 (2) The presiding officer of each respective house or his lawfully

10 authorized designee shall be the expenditure authority and shall use such funds

II to support the operations and activities of the House of Representatives and

12 Senate in aceordance 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

16 the Legislative Bureau shall be the Director of the Legislative Bureau or his or her

17 lawfully authorized designee

18 (f) Northern Marianas Youth Congress The expenditure authority is vested in

19 the Director of the Legislative Bureau with tbe consultation of the Speaker of the

20 Northern Mariana Islands Youth Congress

21 Section 704 Executive Branch

25

HDl

PERSONNEL

8

13

14

42

96

485

20

21

22

24

25

26

27

28

29

30

31

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 SSl

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 OPERATIONS TOTAL

5 Office of Gov 140

6 Attorney General

7 Commerce 32

Comm amp Cult Affairs 88

9 Corrections

10 Finance 163

11 Labor 44

12 Lands amp Natural Res 98

Public Health

Public Safety 258

15 Public Works 129

16 Total 1575 $45120729 $14184384 $593651l3

17 Section 705 First Senatorial District - Rota

18 (a) There is hereby appropriated the following amounts to fund the personnel

19 and non-personnel expenses as listed below of the First Senatorial District

FfE PERSONNEL OPERATIONS TOTAL

Mayor 99

Municipal Conn II

23 Commerce (econ Dev) 8

CampCA ]0

Police (DPS) 34

Fire 12

Finance amp Actg 3

Revenue amp Tax 3

Customs 6

Procurement amp Supply 2

Labor 7

26

17-123 HDl

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

] 6

17

18

19

20

21

22

23

24

25

26

Agriculture

Historic Preservation

Lands Regisamp Survey

Fish amp Wildlife

Parks amp Recreation

Soil amp Water Consv

Rota Health Center

Dental Services

DPH Med Referral

Environmental Health

Public Works

Total

PUBLIC LAW NO 17-21

HOUSE BILL SSl

20

4

6

5

4

1

51

4

5

2

23

320 $5677593 $576487 $6256080

(b) The Rota Legislative Delegation shall determine by Local Delegation

Resolution the allocation of the funds appropriated for the First Senatorial District

(c) Except as provided in this section the Mayor of Rota shall have authority to

expend obligate encumber or otherwise eommit the funds appropriated to the First

Senatorial District Notwithstanding any law to the contrary the Mayor of Rota shall

have 100 reprogramming authority of the funds appropriated in this Act

Appropriations to the Municipal Council shall be divided and distributed equally to

each member of the Municipal Council Each Municipal Council member shall be the

expenditure authority of funds distributed to himlher Additionally in accord with the

Superior Courts decision in the case of Inos v Tenorio the Mayors shall also have

expenditure authority over resident government departments in the First and Second

senatorial districts respectively unless the Governor revokes expenditure authority in a

manner consistent with the Superior Courts holding in Inos v Tenorio to wit

expenditure authority over resident departments that are primarily concerned lith the

27

Aguiguan

17

PUBLIC LAW NO 17-21

BOUSE BILL 17-123 BDt SSt

I delivery of public services can be revoked only on a prior showing of just cause but

2 the Governor has discretion to revoke expenditure authority over those departments

3 that are primarily concerned with enforcing the law

4 (e) Rota Health Center Three hundred forty thousand ($34000000) from the

5 First Senatorial Districts budget appropriation is hereby allocated to pay for

6 professional services for nurses technicians and other medical and auxiliary

7 professionals as needed including one mental health counselor in the amount of Thirty

8 Three Thousand Dollars ($3300000)

9 (d) DPS Cadets One hundred seven thousand seven hundred eighty

10 ($10778000) from the First Senatorial Districts budget appropriation is hereby

11 allocated for five (5) Full Time Equivalents (FTEs) for the Rota Department of Public

12 Safety of the total 329 FTEs to fully fund the five (5) 2010 DPS Academy graduates

13 from the First District who shall be placed as FTEs within the Rota Department of

14 Public Safety Any shortfall for overtime retirement or benefits shall be borne by the

15 municipality

16 (e) Dentist Seventy-seven thousand two hundred dollars ($77200) from the

First Senatorial Districts budget appropriation is hereby allocated for one (1) Full

18 Time Equivalent (FTE) to hire a dentist

19 Section 706 Second Senatorial District - Tinian amp

20 (a) There is hereby appropriated the following amounts to fund the personnel

21 and non-personnel expenses of the Second Senatorial District as listed below

22 [j PERSONNEL OPERATIONS TOTAL

28

17-123HDl

14

PUBLIC LAW NO 17-21

HOUSE BILL SSt

1 1I42 Hnance - Procurement - Rota

2 1152 OOF - Customs - Rota

3 1232 Historic Preservation - Rota

4 1272 CCA - Sports amp Recreation- Rota

5 1282 DOL - Labor - Rota

6 1312 Commerce - Economic Dev - Rota

7 1352 DPS - Police - Rota

8 1353 DPS - Property and Protection Fire

9 1412 DLNR - Agriculture - Rota

10 1422 DLNR - Fish amp Wildlife - Rota

11 1442 DLNR - Parks amp Recreation - Rota

12 1463 DLNR - Soil amp Water Cons

13 1468 DLNR - Land Registration amp Survey

1482 DPW - Operations amp Maintenance - Rota

15 1523 Public Library - Rota

16 1912 OPH - Public Health - Rota

17 1957 OPH - Environmental Health - Rota

18 1989 OPH - Dental Services - Rota

19 3421 Youth Training

20 (5) Second Senatorial District (Tinian and Aguiguan) which

21 includes the following business units

22 1063 Mayor of Tinian - Office

23 1067 Mayors Contingency Fund

- 8 -

13

14

15

- 9-

1 1064

2 1111

3 1131

4 1141

5 1I51

6 1231

7 1271

8 1281

9 1311

10 1351

11 1411

12 1421

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 HDl SSt

Municipal Council - Timan

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

1441 DLNR - Parks amp Recreationmiddot Tinian

1462 DLNR - Soil amp Water Cons - Tinian

1481 DPW - Operations amp Maintenance - Tinian

16 1524 Public Library - Tinian

17 1906 DPH - Public Health - Tinian

18 1907 DPH - Dental Services - Tinian

19 1911 DPH - Environmental Health - Tinian

20 3420 Youth Training

21 (6) Third Senatorial District (Saipan and the Northern Islands)

22 which includes the following governmental offices

23 1060 Mayor of Northern Islands

HDlSSI

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23

(7)

for which budget authority is herein provided including the following

(8) Boards

business units

(9) Other Programs

following business units

PUBLIC LAW NO 17-21

HOUSE BILL 17middot123

1061 Mayor of Saipan - Mayors Office

1059 Mayors Contingency Account

1062 Saipan and Northern Islands - Municipal Council

All government corporations as defined in 1 CMC sect7103(n)

(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

(0) Public Utilities Commission

and Commissions which includes the

1540 Civil Service Commission

1551 Commission on Election

1556 Board of Professional Licensing

and Autonomous Agencies which includes the

1600 Workers Compensation Commission

160 I Governor Lt Gov Pension

1602 Retirement COLA PL 5-38-39-25

1603 NMlOIC

- 10-

following

13

14

15

16

19

23

PUBLIC LAW NO 17-21

1 Aetna R-Off amp Ret

2 (l0) Public Corporations which includes the following business

3 units

4 1605 Northern Marianas College

5 3450 NMC- Apprentice Program

6 1606 Marianas Visitors Authority

7 1001 Board Of Education

8 1607 Public School System

9 (c) Independent programs means government programs under

10 separate boards established by law (unless receiving appropriations or

II budget authority under another heading) specialized general items of

12 appropriations and those non-profit corporations and associations or

organizations established outside of the Governm ent of the

Commonwealth of the Northern Mariana Islands to which the

Commonwealth Government provides financial assistance including

business units

17 1592 Joeten-Kiyu Public Library

18 1515 Public Assistance Program Matching Funds

1623 Judgments Against Government

20 3661 Commonwealth Museum

21 New La Fiesta Lease

22 1549 Council for the Human ities

1562 Ayuda Network

- II -

14

19

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 HOISSI

1 1568

2 1570

3 1577

4 1580

5 1591

Domestic Violence

National Governors Association

Karidat

Micronesian Legal Services

Utilities - CNMl Government

6 (d) Local funds means locally generated revenues and revenues

7 received pursuant to Section 702 (a) of the Covenant

8 (e) Operations means appropriations for all lawful activities

9 other than personnel

10 (f) Personnel means appropriations for salaries employers

1 1 contribution to the Northern Marianas Retirement Fund the Defined

12 Contribution Plan overtime night differential hazardous pay and other

13 employee wages and benefits

(g) Position or Full-Time Equivalent (FIE) means the

15 maximum number of persons that may be employed pursuant to Article

16 X Section 7 of the Commonwealth Constitution but does not include

17 Workforce Investment Agency substitute teachers summer trainees

18 teacher aides physicians licensed professional nurses and licensed allied

health providers working part-time and paid only for instructional time

20 student teacher trainees or short-term specialized instructors such as

21 visiting artists performers writers and the like For purposes of this

22 exception part-time means employment not exceeding 40 hours in any

23 biweekly pay period and short-term means not more than 90

- 12 -

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lt$2134500gt

lt$16606000gt

23 1132565000

PUBLIC LAW NO 17-21

SSt

instructional days employment within the Public School System during the

fiscal year

CHAPTER II ESTIMATED REVENUES

Section 201 Estimated Revenues Pursuant to House Concurrent

Resolution No 17-2 HDI the total estimated revenues and resources approved

and identified for fY 2011 are as follows

I 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 Excisc 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) MY 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) 20078 refunding bond payment

(c) Deficit Reduction $

Subtotal

(d) Net fY 2011 budgetary resources available for appropriation

- 13 -

(e) Department

HDl

$2820866

$J3538

Suspension Earmarked

Appropriation Budget Authority

14

15

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 SSI

I of Public Lands

2 Grand Total

3 Notwithstanding CMC 7204 funds appropriated for FY2011 shall be

4 allotted monthly

5 Seetion 202 of 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 [WlA] and 50 to the

Retirement Fund)

CHAPTER III

16 GOVERNMENT CORPORATIONS AND DESIGNATED

17 AGENCIESACTIVITIES

18 Section 301 and 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 shaH not be

22 incurred or committed and hiring in excess of FTE ceilings is prohibited unless

- 14 -

ACTIVITIES FTE OPERATIONS

5O97122 $79118379 84215501

CertificatiQn

Reporting Requirement

19

23

PUBLIC LAW NO 17-21

1 authorized by a legislative joint resolution in accordance with Section 7 Article X

2 of the NMI Constitution

3 PERSONNEL 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 ------bullbull -----

7 (d) Commonwealth Utilities COrPOration no submittal

8 (e) NM Housing Corporation 24 1110989 1113108 2224097

9 (I) NMI Ret Fund 27 1353669 76659330 78012999

10 (g) Office of the Public Auditor 30 1818525 755700 2574225

II (h) Public Utilities Commission 55553 137550 193103

12 Grand Total l2

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

IS indicated above

16 Section 302 Prior 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

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

Section 303 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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HD1SSI

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2

3

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18 Ceiling

19

20

21

22 Expenditure Authority

PUBLIC LAW NO 17-21

HOUSE BILL 17-123

for personnel and operations of each governnIent 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

CHAPTER IV ADMINISTRATION OF APPROPRIATED FUNDS

Section 401 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 of Finance 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

(a) Employment Ceilings Pursuant to Article X sect 7 of the

Commonwealth Constitution the employment ceilings are hereby established as

set forth herein

Section 404

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17-123 HD1

13

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15

PUBLIC LAW NO 17-21

HOUSE BILL SS1

I (a) The distribution and expenditure of funds shall be in compliance with

2 the fiscal expenditure authority the listed agencies have pursuant to statute and the

3 administrative provisions of this Act as set forth herein

4 (b) Except as provided in this Act the funds appropriated pursuant to this

5 Act shall be expended by the respective expenditure authority pursuant to I CMC

6 sectsect 7401 and 7503

7 (c) For the Ground Water Management and Protection Act Fund

8 expenditure authority is vested in the Director of the Division of Environmental

9 Quality

10 (d) For all government agencies receiving appropriated funds for

11 personnel or staff housing administrative and expenditure authority over housing

12 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

16 in the Family Violence Task Force chairperson with concurrence of the Family

17 Violence Task Force coordinator

18 (1) For Crime Stoppers International the chairperson of the board of the

19 directors shall be the expenditure authority

20 (g) For Independent Programs unless othernise provided in this Act or in

21 any other provision of law expenditure authority shall be vested in the Secretary

22 of Finance

23 CHAPTER V REPROGRAMMING AUTHORITY

- 17 -

Reprogramming Authority

BDI

Hiring

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 SSI

I

2 this act authority to reprogram

3

4

5 Governor shall have 100 reprogramming authority on funds

6

7

8

9

10

11 funds federal law federal grant

12 prohibitions and deposit and other

13 security and the financing of public

14 projeets

15

16 of $7539509 included in the

17

18

19

20

21

Section SOl

(a) Unless otherwise specified in

appropriated funds shall be as provided under 1 CMC sectsect 7402 and 7504

(b) Provided however I CMC sectsect 7402 (b) is hereby suspended for the

period of this Act

appropriated under Section 704 of this Act

(c) Notwithstanding any law to the contrary the Governors authority to

reprogram funds under this section shall include the authority to reprogram funds

available to all public corporations agencies and entities of the Commonwealth

Government upon approval by joint approval of the legislature provided that such

are not restricted from reprogramming by

conditions Commonwealth constitutional

restrictions related to bond covenants

CHAPTER VI SUPPLEMENTAL ADMINISTRATIVE PROVISIONS

Section 601 Utilities The amount

Independent Programs shall be appropriated for the payment of utilities for the

branches departments and agencies of the Commonwealth government except

the business units listed in Section I03(b )(7) and the Public School System and

the Northern Marianas College

Section 602 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

- 18 -

17-123

Litigation Expenditures

PUBLIC LAW NO 17-21

BOUSE BILL BDI SSt

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

II forth in Section 704 are contingent on this section remaining in this Appropriation

12 Act

13 Section 603 Restricted

14 Except for the governor the attorney general the chief justice of the

IS 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 thcir authority The terms agency and agencies as used in this section shall be

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11 Legal Holidays

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PUBLIC LAW NO 17-21

HOUSE BILL 17-123 HDl SSt

liberally construed to include all instrumentalities and subdivisions of the

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

of Finance

Section 605

(a) The following laws and regulations providing for payment of legal

holidays are repealed during fiscal year 2011

ICMCsect312 andsect313

Title 10 NMIAC sectlO-1O-135G) (Excepted Service)

Title 10 NMIAC sect 1 0-202-346 (Civil Service Executive Branch)

Title 10 NMIAC sect10-30middot344 (Civil Service Judicial Branch)

Title 40 NMIAC sect40-40-425 (Commonwealth Ports Authority)

Title 60 NMIAC sect60-30l-444 (Public School System)

Title 100 NMIAC sect 100middot50-430 (Northern Marianas Housing

Corporation)

Title 120 NMIAC sect120-1Omiddot230 (Excepted Service) and

Title 130 NMIAC 130middot20-330 (Office of the Public Auditor)

- 20 -

17-123 HDl

In

PUBLIC LAW NO 17-21

regular salary

receive leave with pay

employees if they

Section 701

HOUSE BILL SSl

1 (b) Any employee required to work on a legal holiday shall be paid hislher

2

3 (c) From the legal holidays listed in I CMC sect311 the Governor may

4 select one or more legal holidays for fiscal year 2011 for which employees shall

5

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 have available funds in their personnel account

9 CHAPTER VII APPROPRIATIONS

10 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 of expenditure by

21 (I) A reduction in work hours

22 (2) A reduction in wages

23 (3) Furlough

- 21 -

$2934762 $388085

Legislative

$3322847

14

19 45

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 HDl SSl

I (4) A reduction in force

2 (5) A reduction in expenditures for all others or

3 (6) A combination of reductions under subsections (I) 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 acconnts 1 CMC sect7402(c) is

10 suspended for the period that this Act is in effect

II (f) Provided however that during the period of this Act no funds shall be

12 reprogrammed from non-personnel acconnts to personnel accounts to increase any

13 salaries from its current level

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 7959n

Superior Court 1714552 160961 1875513

20 Administration 13 295435 217240 512675

21 Law Revision Comm 5 132442 6245 138687

22 TOTAL 74

23 Section 703 Branch

22

17-123

20000 ll

954597

PUBLIC LAW NO 17-21

HOUSE BILL HDl SSI

1 (a) In accordance with Article II sectJ6(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 eontribution and non-personnel expenses as listed

4 below of the Legislative branch

5 FIE PERSONNEL OPERATIONS TOTAL

6 House Members Salary 20 954597

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

House Members Allocation

House Leadership Allocation

Senate

Senate Members Allocation

Senate Leadership Allocation

Legislative Bureau

CNMI Youth Congress

100 1700000 1700000

138000 138000

9 431141 431141

45 765000 765000

138000 138000

28 1274764 167000 1441764

1 2 67 1lltIT

TOTAL 203 $2681669 $2928000 $5609669

(b) Salaries of Legislative Members

( l) The amount appropriated under this section to the House of

Representatives under personnel shall be used to fund the salaries and

benefits of the members of the House of Representatives The expenditure

authority for the amounts appropriated shall be the Secretary of Finance

(2) The amount appropriated under this section to the Senate under

personnel shall be used to fund the salaries and benefits of the members of the

Senate The expenditure authority for the amounts appropriated shall be the

Secretary of Finance

(c) House Members Office Accounts and Employees

23

HDI

14

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 SSt

1 (I) The Department of Finance shall establish and assign a number to a

2 new business unit account entitled House Members Office Accounts for the

3 appropriation for House Members Allocation Another new business unit

4 account entitled Senate Members Office Accounts for the appropriation for

5 Senate Members Allocation Under each of these said accounts an equal

6 amount of the appropriation shall be alloeated to subac ount further established

7 thereunder for each member of the respective house for the operations of the

8 members office as permitted under section 16 of article II of the CNMI

9 Constitution applicable laws and the rules of the legislative body to which the

10 member was elected

II (2) Notwithstanding I CMC sect7401(c) to the contrary each member

12 shall be the expenditure authority of the funds allocated to their indi vidual sub-

13 account

(3) Funds allocated for the operation of the members office including

15 but not limited to the personnel costs of the members employees and

16 expenditures as authorized by the adopted rules of the Senate in the case of the

17 Senate member or the adopted rules of the House of Representatives in the case

18 of a House member such as a monthly stipend to defray travel and incidental

19 expenses for the purpose of attending to legislative business outside the

20 members senatorial district

21 (4) Allocation ofFTEs among House members shall be governed by the

22 rules of the House

24

13

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PUBLIC LAW NO 17-21

HOUSE BILL 17-123 HDI SSI

I (5) Allocation of FTEs among Senate members shall be governed by

2 the rules of the Senate

3 (d) Senate and House Leadership Accounts

4 (1) The Department of Finance shall establish and assign a number to

5 two new business unit accounts one entitled House Leadership Account for

6 the appropriation in the amount of $ l38000 under All Others and another

7 new business unit account entitled Senate Leadership Account for the

8 appropriation in the amount of$138000 under All Others

9 (2) The presiding officer of each respective house or his lawfully

10 authorized designee shall be the expenditure authority and shall use such funds

II to support the operations and activities of the House of Representatives and

12 Senate in aceordance 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

16 the Legislative Bureau shall be the Director of the Legislative Bureau or his or her

17 lawfully authorized designee

18 (f) Northern Marianas Youth Congress The expenditure authority is vested in

19 the Director of the Legislative Bureau with tbe consultation of the Speaker of the

20 Northern Mariana Islands Youth Congress

21 Section 704 Executive Branch

25

HDl

PERSONNEL

8

13

14

42

96

485

20

21

22

24

25

26

27

28

29

30

31

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 SSl

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 OPERATIONS TOTAL

5 Office of Gov 140

6 Attorney General

7 Commerce 32

Comm amp Cult Affairs 88

9 Corrections

10 Finance 163

11 Labor 44

12 Lands amp Natural Res 98

Public Health

Public Safety 258

15 Public Works 129

16 Total 1575 $45120729 $14184384 $593651l3

17 Section 705 First Senatorial District - Rota

18 (a) There is hereby appropriated the following amounts to fund the personnel

19 and non-personnel expenses as listed below of the First Senatorial District

FfE PERSONNEL OPERATIONS TOTAL

Mayor 99

Municipal Conn II

23 Commerce (econ Dev) 8

CampCA ]0

Police (DPS) 34

Fire 12

Finance amp Actg 3

Revenue amp Tax 3

Customs 6

Procurement amp Supply 2

Labor 7

26

17-123 HDl

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

] 6

17

18

19

20

21

22

23

24

25

26

Agriculture

Historic Preservation

Lands Regisamp Survey

Fish amp Wildlife

Parks amp Recreation

Soil amp Water Consv

Rota Health Center

Dental Services

DPH Med Referral

Environmental Health

Public Works

Total

PUBLIC LAW NO 17-21

HOUSE BILL SSl

20

4

6

5

4

1

51

4

5

2

23

320 $5677593 $576487 $6256080

(b) The Rota Legislative Delegation shall determine by Local Delegation

Resolution the allocation of the funds appropriated for the First Senatorial District

(c) Except as provided in this section the Mayor of Rota shall have authority to

expend obligate encumber or otherwise eommit the funds appropriated to the First

Senatorial District Notwithstanding any law to the contrary the Mayor of Rota shall

have 100 reprogramming authority of the funds appropriated in this Act

Appropriations to the Municipal Council shall be divided and distributed equally to

each member of the Municipal Council Each Municipal Council member shall be the

expenditure authority of funds distributed to himlher Additionally in accord with the

Superior Courts decision in the case of Inos v Tenorio the Mayors shall also have

expenditure authority over resident government departments in the First and Second

senatorial districts respectively unless the Governor revokes expenditure authority in a

manner consistent with the Superior Courts holding in Inos v Tenorio to wit

expenditure authority over resident departments that are primarily concerned lith the

27

Aguiguan

17

PUBLIC LAW NO 17-21

BOUSE BILL 17-123 BDt SSt

I delivery of public services can be revoked only on a prior showing of just cause but

2 the Governor has discretion to revoke expenditure authority over those departments

3 that are primarily concerned with enforcing the law

4 (e) Rota Health Center Three hundred forty thousand ($34000000) from the

5 First Senatorial Districts budget appropriation is hereby allocated to pay for

6 professional services for nurses technicians and other medical and auxiliary

7 professionals as needed including one mental health counselor in the amount of Thirty

8 Three Thousand Dollars ($3300000)

9 (d) DPS Cadets One hundred seven thousand seven hundred eighty

10 ($10778000) from the First Senatorial Districts budget appropriation is hereby

11 allocated for five (5) Full Time Equivalents (FTEs) for the Rota Department of Public

12 Safety of the total 329 FTEs to fully fund the five (5) 2010 DPS Academy graduates

13 from the First District who shall be placed as FTEs within the Rota Department of

14 Public Safety Any shortfall for overtime retirement or benefits shall be borne by the

15 municipality

16 (e) Dentist Seventy-seven thousand two hundred dollars ($77200) from the

First Senatorial Districts budget appropriation is hereby allocated for one (1) Full

18 Time Equivalent (FTE) to hire a dentist

19 Section 706 Second Senatorial District - Tinian amp

20 (a) There is hereby appropriated the following amounts to fund the personnel

21 and non-personnel expenses of the Second Senatorial District as listed below

22 [j PERSONNEL OPERATIONS TOTAL

28

13

14

15

- 9-

1 1064

2 1111

3 1131

4 1141

5 1I51

6 1231

7 1271

8 1281

9 1311

10 1351

11 1411

12 1421

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 HDl SSt

Municipal Council - Timan

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

1441 DLNR - Parks amp Recreationmiddot Tinian

1462 DLNR - Soil amp Water Cons - Tinian

1481 DPW - Operations amp Maintenance - Tinian

16 1524 Public Library - Tinian

17 1906 DPH - Public Health - Tinian

18 1907 DPH - Dental Services - Tinian

19 1911 DPH - Environmental Health - Tinian

20 3420 Youth Training

21 (6) Third Senatorial District (Saipan and the Northern Islands)

22 which includes the following governmental offices

23 1060 Mayor of Northern Islands

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(7)

for which budget authority is herein provided including the following

(8) Boards

business units

(9) Other Programs

following business units

PUBLIC LAW NO 17-21

HOUSE BILL 17middot123

1061 Mayor of Saipan - Mayors Office

1059 Mayors Contingency Account

1062 Saipan and Northern Islands - Municipal Council

All government corporations as defined in 1 CMC sect7103(n)

(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

(0) Public Utilities Commission

and Commissions which includes the

1540 Civil Service Commission

1551 Commission on Election

1556 Board of Professional Licensing

and Autonomous Agencies which includes the

1600 Workers Compensation Commission

160 I Governor Lt Gov Pension

1602 Retirement COLA PL 5-38-39-25

1603 NMlOIC

- 10-

following

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PUBLIC LAW NO 17-21

1 Aetna R-Off amp Ret

2 (l0) Public Corporations which includes the following business

3 units

4 1605 Northern Marianas College

5 3450 NMC- Apprentice Program

6 1606 Marianas Visitors Authority

7 1001 Board Of Education

8 1607 Public School System

9 (c) Independent programs means government programs under

10 separate boards established by law (unless receiving appropriations or

II budget authority under another heading) specialized general items of

12 appropriations and those non-profit corporations and associations or

organizations established outside of the Governm ent of the

Commonwealth of the Northern Mariana Islands to which the

Commonwealth Government provides financial assistance including

business units

17 1592 Joeten-Kiyu Public Library

18 1515 Public Assistance Program Matching Funds

1623 Judgments Against Government

20 3661 Commonwealth Museum

21 New La Fiesta Lease

22 1549 Council for the Human ities

1562 Ayuda Network

- II -

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PUBLIC LAW NO 17-21

HOUSE BILL 17-123 HOISSI

1 1568

2 1570

3 1577

4 1580

5 1591

Domestic Violence

National Governors Association

Karidat

Micronesian Legal Services

Utilities - CNMl Government

6 (d) Local funds means locally generated revenues and revenues

7 received pursuant to Section 702 (a) of the Covenant

8 (e) Operations means appropriations for all lawful activities

9 other than personnel

10 (f) Personnel means appropriations for salaries employers

1 1 contribution to the Northern Marianas Retirement Fund the Defined

12 Contribution Plan overtime night differential hazardous pay and other

13 employee wages and benefits

(g) Position or Full-Time Equivalent (FIE) means the

15 maximum number of persons that may be employed pursuant to Article

16 X Section 7 of the Commonwealth Constitution but does not include

17 Workforce Investment Agency substitute teachers summer trainees

18 teacher aides physicians licensed professional nurses and licensed allied

health providers working part-time and paid only for instructional time

20 student teacher trainees or short-term specialized instructors such as

21 visiting artists performers writers and the like For purposes of this

22 exception part-time means employment not exceeding 40 hours in any

23 biweekly pay period and short-term means not more than 90

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lt$2134500gt

lt$16606000gt

23 1132565000

PUBLIC LAW NO 17-21

SSt

instructional days employment within the Public School System during the

fiscal year

CHAPTER II ESTIMATED REVENUES

Section 201 Estimated Revenues Pursuant to House Concurrent

Resolution No 17-2 HDI the total estimated revenues and resources approved

and identified for fY 2011 are as follows

I 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 Excisc 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) MY 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) 20078 refunding bond payment

(c) Deficit Reduction $

Subtotal

(d) Net fY 2011 budgetary resources available for appropriation

- 13 -

(e) Department

HDl

$2820866

$J3538

Suspension Earmarked

Appropriation Budget Authority

14

15

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 SSI

I of Public Lands

2 Grand Total

3 Notwithstanding CMC 7204 funds appropriated for FY2011 shall be

4 allotted monthly

5 Seetion 202 of 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 [WlA] and 50 to the

Retirement Fund)

CHAPTER III

16 GOVERNMENT CORPORATIONS AND DESIGNATED

17 AGENCIESACTIVITIES

18 Section 301 and 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 shaH not be

22 incurred or committed and hiring in excess of FTE ceilings is prohibited unless

- 14 -

ACTIVITIES FTE OPERATIONS

5O97122 $79118379 84215501

CertificatiQn

Reporting Requirement

19

23

PUBLIC LAW NO 17-21

1 authorized by a legislative joint resolution in accordance with Section 7 Article X

2 of the NMI Constitution

3 PERSONNEL 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 ------bullbull -----

7 (d) Commonwealth Utilities COrPOration no submittal

8 (e) NM Housing Corporation 24 1110989 1113108 2224097

9 (I) NMI Ret Fund 27 1353669 76659330 78012999

10 (g) Office of the Public Auditor 30 1818525 755700 2574225

II (h) Public Utilities Commission 55553 137550 193103

12 Grand Total l2

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

IS indicated above

16 Section 302 Prior 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

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

Section 303 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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22 Expenditure Authority

PUBLIC LAW NO 17-21

HOUSE BILL 17-123

for personnel and operations of each governnIent 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

CHAPTER IV ADMINISTRATION OF APPROPRIATED FUNDS

Section 401 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 of Finance 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

(a) Employment Ceilings Pursuant to Article X sect 7 of the

Commonwealth Constitution the employment ceilings are hereby established as

set forth herein

Section 404

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17-123 HD1

13

14

15

PUBLIC LAW NO 17-21

HOUSE BILL SS1

I (a) The distribution and expenditure of funds shall be in compliance with

2 the fiscal expenditure authority the listed agencies have pursuant to statute and the

3 administrative provisions of this Act as set forth herein

4 (b) Except as provided in this Act the funds appropriated pursuant to this

5 Act shall be expended by the respective expenditure authority pursuant to I CMC

6 sectsect 7401 and 7503

7 (c) For the Ground Water Management and Protection Act Fund

8 expenditure authority is vested in the Director of the Division of Environmental

9 Quality

10 (d) For all government agencies receiving appropriated funds for

11 personnel or staff housing administrative and expenditure authority over housing

12 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

16 in the Family Violence Task Force chairperson with concurrence of the Family

17 Violence Task Force coordinator

18 (1) For Crime Stoppers International the chairperson of the board of the

19 directors shall be the expenditure authority

20 (g) For Independent Programs unless othernise provided in this Act or in

21 any other provision of law expenditure authority shall be vested in the Secretary

22 of Finance

23 CHAPTER V REPROGRAMMING AUTHORITY

- 17 -

Reprogramming Authority

BDI

Hiring

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 SSI

I

2 this act authority to reprogram

3

4

5 Governor shall have 100 reprogramming authority on funds

6

7

8

9

10

11 funds federal law federal grant

12 prohibitions and deposit and other

13 security and the financing of public

14 projeets

15

16 of $7539509 included in the

17

18

19

20

21

Section SOl

(a) Unless otherwise specified in

appropriated funds shall be as provided under 1 CMC sectsect 7402 and 7504

(b) Provided however I CMC sectsect 7402 (b) is hereby suspended for the

period of this Act

appropriated under Section 704 of this Act

(c) Notwithstanding any law to the contrary the Governors authority to

reprogram funds under this section shall include the authority to reprogram funds

available to all public corporations agencies and entities of the Commonwealth

Government upon approval by joint approval of the legislature provided that such

are not restricted from reprogramming by

conditions Commonwealth constitutional

restrictions related to bond covenants

CHAPTER VI SUPPLEMENTAL ADMINISTRATIVE PROVISIONS

Section 601 Utilities The amount

Independent Programs shall be appropriated for the payment of utilities for the

branches departments and agencies of the Commonwealth government except

the business units listed in Section I03(b )(7) and the Public School System and

the Northern Marianas College

Section 602 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

- 18 -

17-123

Litigation Expenditures

PUBLIC LAW NO 17-21

BOUSE BILL BDI SSt

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

II forth in Section 704 are contingent on this section remaining in this Appropriation

12 Act

13 Section 603 Restricted

14 Except for the governor the attorney general the chief justice of the

IS 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 thcir authority The terms agency and agencies as used in this section shall be

- 19-

1

2

3

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5

6

7

8

9

10

11 Legal Holidays

12

13

14

15

16

17

18

19

20

21

22

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PUBLIC LAW NO 17-21

HOUSE BILL 17-123 HDl SSt

liberally construed to include all instrumentalities and subdivisions of the

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

of Finance

Section 605

(a) The following laws and regulations providing for payment of legal

holidays are repealed during fiscal year 2011

ICMCsect312 andsect313

Title 10 NMIAC sectlO-1O-135G) (Excepted Service)

Title 10 NMIAC sect 1 0-202-346 (Civil Service Executive Branch)

Title 10 NMIAC sect10-30middot344 (Civil Service Judicial Branch)

Title 40 NMIAC sect40-40-425 (Commonwealth Ports Authority)

Title 60 NMIAC sect60-30l-444 (Public School System)

Title 100 NMIAC sect 100middot50-430 (Northern Marianas Housing

Corporation)

Title 120 NMIAC sect120-1Omiddot230 (Excepted Service) and

Title 130 NMIAC 130middot20-330 (Office of the Public Auditor)

- 20 -

17-123 HDl

In

PUBLIC LAW NO 17-21

regular salary

receive leave with pay

employees if they

Section 701

HOUSE BILL SSl

1 (b) Any employee required to work on a legal holiday shall be paid hislher

2

3 (c) From the legal holidays listed in I CMC sect311 the Governor may

4 select one or more legal holidays for fiscal year 2011 for which employees shall

5

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 have available funds in their personnel account

9 CHAPTER VII APPROPRIATIONS

10 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 of expenditure by

21 (I) A reduction in work hours

22 (2) A reduction in wages

23 (3) Furlough

- 21 -

$2934762 $388085

Legislative

$3322847

14

19 45

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 HDl SSl

I (4) A reduction in force

2 (5) A reduction in expenditures for all others or

3 (6) A combination of reductions under subsections (I) 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 acconnts 1 CMC sect7402(c) is

10 suspended for the period that this Act is in effect

II (f) Provided however that during the period of this Act no funds shall be

12 reprogrammed from non-personnel acconnts to personnel accounts to increase any

13 salaries from its current level

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 7959n

Superior Court 1714552 160961 1875513

20 Administration 13 295435 217240 512675

21 Law Revision Comm 5 132442 6245 138687

22 TOTAL 74

23 Section 703 Branch

22

17-123

20000 ll

954597

PUBLIC LAW NO 17-21

HOUSE BILL HDl SSI

1 (a) In accordance with Article II sectJ6(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 eontribution and non-personnel expenses as listed

4 below of the Legislative branch

5 FIE PERSONNEL OPERATIONS TOTAL

6 House Members Salary 20 954597

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

House Members Allocation

House Leadership Allocation

Senate

Senate Members Allocation

Senate Leadership Allocation

Legislative Bureau

CNMI Youth Congress

100 1700000 1700000

138000 138000

9 431141 431141

45 765000 765000

138000 138000

28 1274764 167000 1441764

1 2 67 1lltIT

TOTAL 203 $2681669 $2928000 $5609669

(b) Salaries of Legislative Members

( l) The amount appropriated under this section to the House of

Representatives under personnel shall be used to fund the salaries and

benefits of the members of the House of Representatives The expenditure

authority for the amounts appropriated shall be the Secretary of Finance

(2) The amount appropriated under this section to the Senate under

personnel shall be used to fund the salaries and benefits of the members of the

Senate The expenditure authority for the amounts appropriated shall be the

Secretary of Finance

(c) House Members Office Accounts and Employees

23

HDI

14

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 SSt

1 (I) The Department of Finance shall establish and assign a number to a

2 new business unit account entitled House Members Office Accounts for the

3 appropriation for House Members Allocation Another new business unit

4 account entitled Senate Members Office Accounts for the appropriation for

5 Senate Members Allocation Under each of these said accounts an equal

6 amount of the appropriation shall be alloeated to subac ount further established

7 thereunder for each member of the respective house for the operations of the

8 members office as permitted under section 16 of article II of the CNMI

9 Constitution applicable laws and the rules of the legislative body to which the

10 member was elected

II (2) Notwithstanding I CMC sect7401(c) to the contrary each member

12 shall be the expenditure authority of the funds allocated to their indi vidual sub-

13 account

(3) Funds allocated for the operation of the members office including

15 but not limited to the personnel costs of the members employees and

16 expenditures as authorized by the adopted rules of the Senate in the case of the

17 Senate member or the adopted rules of the House of Representatives in the case

18 of a House member such as a monthly stipend to defray travel and incidental

19 expenses for the purpose of attending to legislative business outside the

20 members senatorial district

21 (4) Allocation ofFTEs among House members shall be governed by the

22 rules of the House

24

13

14

15

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 HDI SSI

I (5) Allocation of FTEs among Senate members shall be governed by

2 the rules of the Senate

3 (d) Senate and House Leadership Accounts

4 (1) The Department of Finance shall establish and assign a number to

5 two new business unit accounts one entitled House Leadership Account for

6 the appropriation in the amount of $ l38000 under All Others and another

7 new business unit account entitled Senate Leadership Account for the

8 appropriation in the amount of$138000 under All Others

9 (2) The presiding officer of each respective house or his lawfully

10 authorized designee shall be the expenditure authority and shall use such funds

II to support the operations and activities of the House of Representatives and

12 Senate in aceordance 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

16 the Legislative Bureau shall be the Director of the Legislative Bureau or his or her

17 lawfully authorized designee

18 (f) Northern Marianas Youth Congress The expenditure authority is vested in

19 the Director of the Legislative Bureau with tbe consultation of the Speaker of the

20 Northern Mariana Islands Youth Congress

21 Section 704 Executive Branch

25

HDl

PERSONNEL

8

13

14

42

96

485

20

21

22

24

25

26

27

28

29

30

31

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 SSl

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 OPERATIONS TOTAL

5 Office of Gov 140

6 Attorney General

7 Commerce 32

Comm amp Cult Affairs 88

9 Corrections

10 Finance 163

11 Labor 44

12 Lands amp Natural Res 98

Public Health

Public Safety 258

15 Public Works 129

16 Total 1575 $45120729 $14184384 $593651l3

17 Section 705 First Senatorial District - Rota

18 (a) There is hereby appropriated the following amounts to fund the personnel

19 and non-personnel expenses as listed below of the First Senatorial District

FfE PERSONNEL OPERATIONS TOTAL

Mayor 99

Municipal Conn II

23 Commerce (econ Dev) 8

CampCA ]0

Police (DPS) 34

Fire 12

Finance amp Actg 3

Revenue amp Tax 3

Customs 6

Procurement amp Supply 2

Labor 7

26

17-123 HDl

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

] 6

17

18

19

20

21

22

23

24

25

26

Agriculture

Historic Preservation

Lands Regisamp Survey

Fish amp Wildlife

Parks amp Recreation

Soil amp Water Consv

Rota Health Center

Dental Services

DPH Med Referral

Environmental Health

Public Works

Total

PUBLIC LAW NO 17-21

HOUSE BILL SSl

20

4

6

5

4

1

51

4

5

2

23

320 $5677593 $576487 $6256080

(b) The Rota Legislative Delegation shall determine by Local Delegation

Resolution the allocation of the funds appropriated for the First Senatorial District

(c) Except as provided in this section the Mayor of Rota shall have authority to

expend obligate encumber or otherwise eommit the funds appropriated to the First

Senatorial District Notwithstanding any law to the contrary the Mayor of Rota shall

have 100 reprogramming authority of the funds appropriated in this Act

Appropriations to the Municipal Council shall be divided and distributed equally to

each member of the Municipal Council Each Municipal Council member shall be the

expenditure authority of funds distributed to himlher Additionally in accord with the

Superior Courts decision in the case of Inos v Tenorio the Mayors shall also have

expenditure authority over resident government departments in the First and Second

senatorial districts respectively unless the Governor revokes expenditure authority in a

manner consistent with the Superior Courts holding in Inos v Tenorio to wit

expenditure authority over resident departments that are primarily concerned lith the

27

Aguiguan

17

PUBLIC LAW NO 17-21

BOUSE BILL 17-123 BDt SSt

I delivery of public services can be revoked only on a prior showing of just cause but

2 the Governor has discretion to revoke expenditure authority over those departments

3 that are primarily concerned with enforcing the law

4 (e) Rota Health Center Three hundred forty thousand ($34000000) from the

5 First Senatorial Districts budget appropriation is hereby allocated to pay for

6 professional services for nurses technicians and other medical and auxiliary

7 professionals as needed including one mental health counselor in the amount of Thirty

8 Three Thousand Dollars ($3300000)

9 (d) DPS Cadets One hundred seven thousand seven hundred eighty

10 ($10778000) from the First Senatorial Districts budget appropriation is hereby

11 allocated for five (5) Full Time Equivalents (FTEs) for the Rota Department of Public

12 Safety of the total 329 FTEs to fully fund the five (5) 2010 DPS Academy graduates

13 from the First District who shall be placed as FTEs within the Rota Department of

14 Public Safety Any shortfall for overtime retirement or benefits shall be borne by the

15 municipality

16 (e) Dentist Seventy-seven thousand two hundred dollars ($77200) from the

First Senatorial Districts budget appropriation is hereby allocated for one (1) Full

18 Time Equivalent (FTE) to hire a dentist

19 Section 706 Second Senatorial District - Tinian amp

20 (a) There is hereby appropriated the following amounts to fund the personnel

21 and non-personnel expenses of the Second Senatorial District as listed below

22 [j PERSONNEL OPERATIONS TOTAL

28

HDlSSI

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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

23

(7)

for which budget authority is herein provided including the following

(8) Boards

business units

(9) Other Programs

following business units

PUBLIC LAW NO 17-21

HOUSE BILL 17middot123

1061 Mayor of Saipan - Mayors Office

1059 Mayors Contingency Account

1062 Saipan and Northern Islands - Municipal Council

All government corporations as defined in 1 CMC sect7103(n)

(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

(0) Public Utilities Commission

and Commissions which includes the

1540 Civil Service Commission

1551 Commission on Election

1556 Board of Professional Licensing

and Autonomous Agencies which includes the

1600 Workers Compensation Commission

160 I Governor Lt Gov Pension

1602 Retirement COLA PL 5-38-39-25

1603 NMlOIC

- 10-

following

13

14

15

16

19

23

PUBLIC LAW NO 17-21

1 Aetna R-Off amp Ret

2 (l0) Public Corporations which includes the following business

3 units

4 1605 Northern Marianas College

5 3450 NMC- Apprentice Program

6 1606 Marianas Visitors Authority

7 1001 Board Of Education

8 1607 Public School System

9 (c) Independent programs means government programs under

10 separate boards established by law (unless receiving appropriations or

II budget authority under another heading) specialized general items of

12 appropriations and those non-profit corporations and associations or

organizations established outside of the Governm ent of the

Commonwealth of the Northern Mariana Islands to which the

Commonwealth Government provides financial assistance including

business units

17 1592 Joeten-Kiyu Public Library

18 1515 Public Assistance Program Matching Funds

1623 Judgments Against Government

20 3661 Commonwealth Museum

21 New La Fiesta Lease

22 1549 Council for the Human ities

1562 Ayuda Network

- II -

14

19

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 HOISSI

1 1568

2 1570

3 1577

4 1580

5 1591

Domestic Violence

National Governors Association

Karidat

Micronesian Legal Services

Utilities - CNMl Government

6 (d) Local funds means locally generated revenues and revenues

7 received pursuant to Section 702 (a) of the Covenant

8 (e) Operations means appropriations for all lawful activities

9 other than personnel

10 (f) Personnel means appropriations for salaries employers

1 1 contribution to the Northern Marianas Retirement Fund the Defined

12 Contribution Plan overtime night differential hazardous pay and other

13 employee wages and benefits

(g) Position or Full-Time Equivalent (FIE) means the

15 maximum number of persons that may be employed pursuant to Article

16 X Section 7 of the Commonwealth Constitution but does not include

17 Workforce Investment Agency substitute teachers summer trainees

18 teacher aides physicians licensed professional nurses and licensed allied

health providers working part-time and paid only for instructional time

20 student teacher trainees or short-term specialized instructors such as

21 visiting artists performers writers and the like For purposes of this

22 exception part-time means employment not exceeding 40 hours in any

23 biweekly pay period and short-term means not more than 90

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6

7

8

9

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12

13

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15

16

17

18

19

20

21

22

lt$2134500gt

lt$16606000gt

23 1132565000

PUBLIC LAW NO 17-21

SSt

instructional days employment within the Public School System during the

fiscal year

CHAPTER II ESTIMATED REVENUES

Section 201 Estimated Revenues Pursuant to House Concurrent

Resolution No 17-2 HDI the total estimated revenues and resources approved

and identified for fY 2011 are as follows

I 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 Excisc 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) MY 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) 20078 refunding bond payment

(c) Deficit Reduction $

Subtotal

(d) Net fY 2011 budgetary resources available for appropriation

- 13 -

(e) Department

HDl

$2820866

$J3538

Suspension Earmarked

Appropriation Budget Authority

14

15

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 SSI

I of Public Lands

2 Grand Total

3 Notwithstanding CMC 7204 funds appropriated for FY2011 shall be

4 allotted monthly

5 Seetion 202 of 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 [WlA] and 50 to the

Retirement Fund)

CHAPTER III

16 GOVERNMENT CORPORATIONS AND DESIGNATED

17 AGENCIESACTIVITIES

18 Section 301 and 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 shaH not be

22 incurred or committed and hiring in excess of FTE ceilings is prohibited unless

- 14 -

ACTIVITIES FTE OPERATIONS

5O97122 $79118379 84215501

CertificatiQn

Reporting Requirement

19

23

PUBLIC LAW NO 17-21

1 authorized by a legislative joint resolution in accordance with Section 7 Article X

2 of the NMI Constitution

3 PERSONNEL 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 ------bullbull -----

7 (d) Commonwealth Utilities COrPOration no submittal

8 (e) NM Housing Corporation 24 1110989 1113108 2224097

9 (I) NMI Ret Fund 27 1353669 76659330 78012999

10 (g) Office of the Public Auditor 30 1818525 755700 2574225

II (h) Public Utilities Commission 55553 137550 193103

12 Grand Total l2

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

IS indicated above

16 Section 302 Prior 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

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

Section 303 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

- IS -

HD1SSI

1

2

3

4

5 Management

6

7

8

9

10

11

12

13

14

15

16

17

18 Ceiling

19

20

21

22 Expenditure Authority

PUBLIC LAW NO 17-21

HOUSE BILL 17-123

for personnel and operations of each governnIent 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

CHAPTER IV ADMINISTRATION OF APPROPRIATED FUNDS

Section 401 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 of Finance 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

(a) Employment Ceilings Pursuant to Article X sect 7 of the

Commonwealth Constitution the employment ceilings are hereby established as

set forth herein

Section 404

- 16-

17-123 HD1

13

14

15

PUBLIC LAW NO 17-21

HOUSE BILL SS1

I (a) The distribution and expenditure of funds shall be in compliance with

2 the fiscal expenditure authority the listed agencies have pursuant to statute and the

3 administrative provisions of this Act as set forth herein

4 (b) Except as provided in this Act the funds appropriated pursuant to this

5 Act shall be expended by the respective expenditure authority pursuant to I CMC

6 sectsect 7401 and 7503

7 (c) For the Ground Water Management and Protection Act Fund

8 expenditure authority is vested in the Director of the Division of Environmental

9 Quality

10 (d) For all government agencies receiving appropriated funds for

11 personnel or staff housing administrative and expenditure authority over housing

12 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

16 in the Family Violence Task Force chairperson with concurrence of the Family

17 Violence Task Force coordinator

18 (1) For Crime Stoppers International the chairperson of the board of the

19 directors shall be the expenditure authority

20 (g) For Independent Programs unless othernise provided in this Act or in

21 any other provision of law expenditure authority shall be vested in the Secretary

22 of Finance

23 CHAPTER V REPROGRAMMING AUTHORITY

- 17 -

Reprogramming Authority

BDI

Hiring

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 SSI

I

2 this act authority to reprogram

3

4

5 Governor shall have 100 reprogramming authority on funds

6

7

8

9

10

11 funds federal law federal grant

12 prohibitions and deposit and other

13 security and the financing of public

14 projeets

15

16 of $7539509 included in the

17

18

19

20

21

Section SOl

(a) Unless otherwise specified in

appropriated funds shall be as provided under 1 CMC sectsect 7402 and 7504

(b) Provided however I CMC sectsect 7402 (b) is hereby suspended for the

period of this Act

appropriated under Section 704 of this Act

(c) Notwithstanding any law to the contrary the Governors authority to

reprogram funds under this section shall include the authority to reprogram funds

available to all public corporations agencies and entities of the Commonwealth

Government upon approval by joint approval of the legislature provided that such

are not restricted from reprogramming by

conditions Commonwealth constitutional

restrictions related to bond covenants

CHAPTER VI SUPPLEMENTAL ADMINISTRATIVE PROVISIONS

Section 601 Utilities The amount

Independent Programs shall be appropriated for the payment of utilities for the

branches departments and agencies of the Commonwealth government except

the business units listed in Section I03(b )(7) and the Public School System and

the Northern Marianas College

Section 602 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

- 18 -

17-123

Litigation Expenditures

PUBLIC LAW NO 17-21

BOUSE BILL BDI SSt

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

II forth in Section 704 are contingent on this section remaining in this Appropriation

12 Act

13 Section 603 Restricted

14 Except for the governor the attorney general the chief justice of the

IS 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 thcir authority The terms agency and agencies as used in this section shall be

- 19-

1

2

3

4

5

6

7

8

9

10

11 Legal Holidays

12

13

14

15

16

17

18

19

20

21

22

23

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 HDl SSt

liberally construed to include all instrumentalities and subdivisions of the

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

of Finance

Section 605

(a) The following laws and regulations providing for payment of legal

holidays are repealed during fiscal year 2011

ICMCsect312 andsect313

Title 10 NMIAC sectlO-1O-135G) (Excepted Service)

Title 10 NMIAC sect 1 0-202-346 (Civil Service Executive Branch)

Title 10 NMIAC sect10-30middot344 (Civil Service Judicial Branch)

Title 40 NMIAC sect40-40-425 (Commonwealth Ports Authority)

Title 60 NMIAC sect60-30l-444 (Public School System)

Title 100 NMIAC sect 100middot50-430 (Northern Marianas Housing

Corporation)

Title 120 NMIAC sect120-1Omiddot230 (Excepted Service) and

Title 130 NMIAC 130middot20-330 (Office of the Public Auditor)

- 20 -

17-123 HDl

In

PUBLIC LAW NO 17-21

regular salary

receive leave with pay

employees if they

Section 701

HOUSE BILL SSl

1 (b) Any employee required to work on a legal holiday shall be paid hislher

2

3 (c) From the legal holidays listed in I CMC sect311 the Governor may

4 select one or more legal holidays for fiscal year 2011 for which employees shall

5

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 have available funds in their personnel account

9 CHAPTER VII APPROPRIATIONS

10 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 of expenditure by

21 (I) A reduction in work hours

22 (2) A reduction in wages

23 (3) Furlough

- 21 -

$2934762 $388085

Legislative

$3322847

14

19 45

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 HDl SSl

I (4) A reduction in force

2 (5) A reduction in expenditures for all others or

3 (6) A combination of reductions under subsections (I) 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 acconnts 1 CMC sect7402(c) is

10 suspended for the period that this Act is in effect

II (f) Provided however that during the period of this Act no funds shall be

12 reprogrammed from non-personnel acconnts to personnel accounts to increase any

13 salaries from its current level

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 7959n

Superior Court 1714552 160961 1875513

20 Administration 13 295435 217240 512675

21 Law Revision Comm 5 132442 6245 138687

22 TOTAL 74

23 Section 703 Branch

22

17-123

20000 ll

954597

PUBLIC LAW NO 17-21

HOUSE BILL HDl SSI

1 (a) In accordance with Article II sectJ6(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 eontribution and non-personnel expenses as listed

4 below of the Legislative branch

5 FIE PERSONNEL OPERATIONS TOTAL

6 House Members Salary 20 954597

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

House Members Allocation

House Leadership Allocation

Senate

Senate Members Allocation

Senate Leadership Allocation

Legislative Bureau

CNMI Youth Congress

100 1700000 1700000

138000 138000

9 431141 431141

45 765000 765000

138000 138000

28 1274764 167000 1441764

1 2 67 1lltIT

TOTAL 203 $2681669 $2928000 $5609669

(b) Salaries of Legislative Members

( l) The amount appropriated under this section to the House of

Representatives under personnel shall be used to fund the salaries and

benefits of the members of the House of Representatives The expenditure

authority for the amounts appropriated shall be the Secretary of Finance

(2) The amount appropriated under this section to the Senate under

personnel shall be used to fund the salaries and benefits of the members of the

Senate The expenditure authority for the amounts appropriated shall be the

Secretary of Finance

(c) House Members Office Accounts and Employees

23

HDI

14

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 SSt

1 (I) The Department of Finance shall establish and assign a number to a

2 new business unit account entitled House Members Office Accounts for the

3 appropriation for House Members Allocation Another new business unit

4 account entitled Senate Members Office Accounts for the appropriation for

5 Senate Members Allocation Under each of these said accounts an equal

6 amount of the appropriation shall be alloeated to subac ount further established

7 thereunder for each member of the respective house for the operations of the

8 members office as permitted under section 16 of article II of the CNMI

9 Constitution applicable laws and the rules of the legislative body to which the

10 member was elected

II (2) Notwithstanding I CMC sect7401(c) to the contrary each member

12 shall be the expenditure authority of the funds allocated to their indi vidual sub-

13 account

(3) Funds allocated for the operation of the members office including

15 but not limited to the personnel costs of the members employees and

16 expenditures as authorized by the adopted rules of the Senate in the case of the

17 Senate member or the adopted rules of the House of Representatives in the case

18 of a House member such as a monthly stipend to defray travel and incidental

19 expenses for the purpose of attending to legislative business outside the

20 members senatorial district

21 (4) Allocation ofFTEs among House members shall be governed by the

22 rules of the House

24

13

14

15

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 HDI SSI

I (5) Allocation of FTEs among Senate members shall be governed by

2 the rules of the Senate

3 (d) Senate and House Leadership Accounts

4 (1) The Department of Finance shall establish and assign a number to

5 two new business unit accounts one entitled House Leadership Account for

6 the appropriation in the amount of $ l38000 under All Others and another

7 new business unit account entitled Senate Leadership Account for the

8 appropriation in the amount of$138000 under All Others

9 (2) The presiding officer of each respective house or his lawfully

10 authorized designee shall be the expenditure authority and shall use such funds

II to support the operations and activities of the House of Representatives and

12 Senate in aceordance 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

16 the Legislative Bureau shall be the Director of the Legislative Bureau or his or her

17 lawfully authorized designee

18 (f) Northern Marianas Youth Congress The expenditure authority is vested in

19 the Director of the Legislative Bureau with tbe consultation of the Speaker of the

20 Northern Mariana Islands Youth Congress

21 Section 704 Executive Branch

25

HDl

PERSONNEL

8

13

14

42

96

485

20

21

22

24

25

26

27

28

29

30

31

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 SSl

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 OPERATIONS TOTAL

5 Office of Gov 140

6 Attorney General

7 Commerce 32

Comm amp Cult Affairs 88

9 Corrections

10 Finance 163

11 Labor 44

12 Lands amp Natural Res 98

Public Health

Public Safety 258

15 Public Works 129

16 Total 1575 $45120729 $14184384 $593651l3

17 Section 705 First Senatorial District - Rota

18 (a) There is hereby appropriated the following amounts to fund the personnel

19 and non-personnel expenses as listed below of the First Senatorial District

FfE PERSONNEL OPERATIONS TOTAL

Mayor 99

Municipal Conn II

23 Commerce (econ Dev) 8

CampCA ]0

Police (DPS) 34

Fire 12

Finance amp Actg 3

Revenue amp Tax 3

Customs 6

Procurement amp Supply 2

Labor 7

26

17-123 HDl

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

] 6

17

18

19

20

21

22

23

24

25

26

Agriculture

Historic Preservation

Lands Regisamp Survey

Fish amp Wildlife

Parks amp Recreation

Soil amp Water Consv

Rota Health Center

Dental Services

DPH Med Referral

Environmental Health

Public Works

Total

PUBLIC LAW NO 17-21

HOUSE BILL SSl

20

4

6

5

4

1

51

4

5

2

23

320 $5677593 $576487 $6256080

(b) The Rota Legislative Delegation shall determine by Local Delegation

Resolution the allocation of the funds appropriated for the First Senatorial District

(c) Except as provided in this section the Mayor of Rota shall have authority to

expend obligate encumber or otherwise eommit the funds appropriated to the First

Senatorial District Notwithstanding any law to the contrary the Mayor of Rota shall

have 100 reprogramming authority of the funds appropriated in this Act

Appropriations to the Municipal Council shall be divided and distributed equally to

each member of the Municipal Council Each Municipal Council member shall be the

expenditure authority of funds distributed to himlher Additionally in accord with the

Superior Courts decision in the case of Inos v Tenorio the Mayors shall also have

expenditure authority over resident government departments in the First and Second

senatorial districts respectively unless the Governor revokes expenditure authority in a

manner consistent with the Superior Courts holding in Inos v Tenorio to wit

expenditure authority over resident departments that are primarily concerned lith the

27

Aguiguan

17

PUBLIC LAW NO 17-21

BOUSE BILL 17-123 BDt SSt

I delivery of public services can be revoked only on a prior showing of just cause but

2 the Governor has discretion to revoke expenditure authority over those departments

3 that are primarily concerned with enforcing the law

4 (e) Rota Health Center Three hundred forty thousand ($34000000) from the

5 First Senatorial Districts budget appropriation is hereby allocated to pay for

6 professional services for nurses technicians and other medical and auxiliary

7 professionals as needed including one mental health counselor in the amount of Thirty

8 Three Thousand Dollars ($3300000)

9 (d) DPS Cadets One hundred seven thousand seven hundred eighty

10 ($10778000) from the First Senatorial Districts budget appropriation is hereby

11 allocated for five (5) Full Time Equivalents (FTEs) for the Rota Department of Public

12 Safety of the total 329 FTEs to fully fund the five (5) 2010 DPS Academy graduates

13 from the First District who shall be placed as FTEs within the Rota Department of

14 Public Safety Any shortfall for overtime retirement or benefits shall be borne by the

15 municipality

16 (e) Dentist Seventy-seven thousand two hundred dollars ($77200) from the

First Senatorial Districts budget appropriation is hereby allocated for one (1) Full

18 Time Equivalent (FTE) to hire a dentist

19 Section 706 Second Senatorial District - Tinian amp

20 (a) There is hereby appropriated the following amounts to fund the personnel

21 and non-personnel expenses of the Second Senatorial District as listed below

22 [j PERSONNEL OPERATIONS TOTAL

28

13

14

15

16

19

23

PUBLIC LAW NO 17-21

1 Aetna R-Off amp Ret

2 (l0) Public Corporations which includes the following business

3 units

4 1605 Northern Marianas College

5 3450 NMC- Apprentice Program

6 1606 Marianas Visitors Authority

7 1001 Board Of Education

8 1607 Public School System

9 (c) Independent programs means government programs under

10 separate boards established by law (unless receiving appropriations or

II budget authority under another heading) specialized general items of

12 appropriations and those non-profit corporations and associations or

organizations established outside of the Governm ent of the

Commonwealth of the Northern Mariana Islands to which the

Commonwealth Government provides financial assistance including

business units

17 1592 Joeten-Kiyu Public Library

18 1515 Public Assistance Program Matching Funds

1623 Judgments Against Government

20 3661 Commonwealth Museum

21 New La Fiesta Lease

22 1549 Council for the Human ities

1562 Ayuda Network

- II -

14

19

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 HOISSI

1 1568

2 1570

3 1577

4 1580

5 1591

Domestic Violence

National Governors Association

Karidat

Micronesian Legal Services

Utilities - CNMl Government

6 (d) Local funds means locally generated revenues and revenues

7 received pursuant to Section 702 (a) of the Covenant

8 (e) Operations means appropriations for all lawful activities

9 other than personnel

10 (f) Personnel means appropriations for salaries employers

1 1 contribution to the Northern Marianas Retirement Fund the Defined

12 Contribution Plan overtime night differential hazardous pay and other

13 employee wages and benefits

(g) Position or Full-Time Equivalent (FIE) means the

15 maximum number of persons that may be employed pursuant to Article

16 X Section 7 of the Commonwealth Constitution but does not include

17 Workforce Investment Agency substitute teachers summer trainees

18 teacher aides physicians licensed professional nurses and licensed allied

health providers working part-time and paid only for instructional time

20 student teacher trainees or short-term specialized instructors such as

21 visiting artists performers writers and the like For purposes of this

22 exception part-time means employment not exceeding 40 hours in any

23 biweekly pay period and short-term means not more than 90

- 12 -

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

lt$2134500gt

lt$16606000gt

23 1132565000

PUBLIC LAW NO 17-21

SSt

instructional days employment within the Public School System during the

fiscal year

CHAPTER II ESTIMATED REVENUES

Section 201 Estimated Revenues Pursuant to House Concurrent

Resolution No 17-2 HDI the total estimated revenues and resources approved

and identified for fY 2011 are as follows

I 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 Excisc 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) MY 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) 20078 refunding bond payment

(c) Deficit Reduction $

Subtotal

(d) Net fY 2011 budgetary resources available for appropriation

- 13 -

(e) Department

HDl

$2820866

$J3538

Suspension Earmarked

Appropriation Budget Authority

14

15

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 SSI

I of Public Lands

2 Grand Total

3 Notwithstanding CMC 7204 funds appropriated for FY2011 shall be

4 allotted monthly

5 Seetion 202 of 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 [WlA] and 50 to the

Retirement Fund)

CHAPTER III

16 GOVERNMENT CORPORATIONS AND DESIGNATED

17 AGENCIESACTIVITIES

18 Section 301 and 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 shaH not be

22 incurred or committed and hiring in excess of FTE ceilings is prohibited unless

- 14 -

ACTIVITIES FTE OPERATIONS

5O97122 $79118379 84215501

CertificatiQn

Reporting Requirement

19

23

PUBLIC LAW NO 17-21

1 authorized by a legislative joint resolution in accordance with Section 7 Article X

2 of the NMI Constitution

3 PERSONNEL 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 ------bullbull -----

7 (d) Commonwealth Utilities COrPOration no submittal

8 (e) NM Housing Corporation 24 1110989 1113108 2224097

9 (I) NMI Ret Fund 27 1353669 76659330 78012999

10 (g) Office of the Public Auditor 30 1818525 755700 2574225

II (h) Public Utilities Commission 55553 137550 193103

12 Grand Total l2

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

IS indicated above

16 Section 302 Prior 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

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

Section 303 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

- IS -

HD1SSI

1

2

3

4

5 Management

6

7

8

9

10

11

12

13

14

15

16

17

18 Ceiling

19

20

21

22 Expenditure Authority

PUBLIC LAW NO 17-21

HOUSE BILL 17-123

for personnel and operations of each governnIent 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

CHAPTER IV ADMINISTRATION OF APPROPRIATED FUNDS

Section 401 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 of Finance 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

(a) Employment Ceilings Pursuant to Article X sect 7 of the

Commonwealth Constitution the employment ceilings are hereby established as

set forth herein

Section 404

- 16-

17-123 HD1

13

14

15

PUBLIC LAW NO 17-21

HOUSE BILL SS1

I (a) The distribution and expenditure of funds shall be in compliance with

2 the fiscal expenditure authority the listed agencies have pursuant to statute and the

3 administrative provisions of this Act as set forth herein

4 (b) Except as provided in this Act the funds appropriated pursuant to this

5 Act shall be expended by the respective expenditure authority pursuant to I CMC

6 sectsect 7401 and 7503

7 (c) For the Ground Water Management and Protection Act Fund

8 expenditure authority is vested in the Director of the Division of Environmental

9 Quality

10 (d) For all government agencies receiving appropriated funds for

11 personnel or staff housing administrative and expenditure authority over housing

12 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

16 in the Family Violence Task Force chairperson with concurrence of the Family

17 Violence Task Force coordinator

18 (1) For Crime Stoppers International the chairperson of the board of the

19 directors shall be the expenditure authority

20 (g) For Independent Programs unless othernise provided in this Act or in

21 any other provision of law expenditure authority shall be vested in the Secretary

22 of Finance

23 CHAPTER V REPROGRAMMING AUTHORITY

- 17 -

Reprogramming Authority

BDI

Hiring

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 SSI

I

2 this act authority to reprogram

3

4

5 Governor shall have 100 reprogramming authority on funds

6

7

8

9

10

11 funds federal law federal grant

12 prohibitions and deposit and other

13 security and the financing of public

14 projeets

15

16 of $7539509 included in the

17

18

19

20

21

Section SOl

(a) Unless otherwise specified in

appropriated funds shall be as provided under 1 CMC sectsect 7402 and 7504

(b) Provided however I CMC sectsect 7402 (b) is hereby suspended for the

period of this Act

appropriated under Section 704 of this Act

(c) Notwithstanding any law to the contrary the Governors authority to

reprogram funds under this section shall include the authority to reprogram funds

available to all public corporations agencies and entities of the Commonwealth

Government upon approval by joint approval of the legislature provided that such

are not restricted from reprogramming by

conditions Commonwealth constitutional

restrictions related to bond covenants

CHAPTER VI SUPPLEMENTAL ADMINISTRATIVE PROVISIONS

Section 601 Utilities The amount

Independent Programs shall be appropriated for the payment of utilities for the

branches departments and agencies of the Commonwealth government except

the business units listed in Section I03(b )(7) and the Public School System and

the Northern Marianas College

Section 602 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

- 18 -

17-123

Litigation Expenditures

PUBLIC LAW NO 17-21

BOUSE BILL BDI SSt

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

II forth in Section 704 are contingent on this section remaining in this Appropriation

12 Act

13 Section 603 Restricted

14 Except for the governor the attorney general the chief justice of the

IS 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 thcir authority The terms agency and agencies as used in this section shall be

- 19-

1

2

3

4

5

6

7

8

9

10

11 Legal Holidays

12

13

14

15

16

17

18

19

20

21

22

23

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 HDl SSt

liberally construed to include all instrumentalities and subdivisions of the

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

of Finance

Section 605

(a) The following laws and regulations providing for payment of legal

holidays are repealed during fiscal year 2011

ICMCsect312 andsect313

Title 10 NMIAC sectlO-1O-135G) (Excepted Service)

Title 10 NMIAC sect 1 0-202-346 (Civil Service Executive Branch)

Title 10 NMIAC sect10-30middot344 (Civil Service Judicial Branch)

Title 40 NMIAC sect40-40-425 (Commonwealth Ports Authority)

Title 60 NMIAC sect60-30l-444 (Public School System)

Title 100 NMIAC sect 100middot50-430 (Northern Marianas Housing

Corporation)

Title 120 NMIAC sect120-1Omiddot230 (Excepted Service) and

Title 130 NMIAC 130middot20-330 (Office of the Public Auditor)

- 20 -

17-123 HDl

In

PUBLIC LAW NO 17-21

regular salary

receive leave with pay

employees if they

Section 701

HOUSE BILL SSl

1 (b) Any employee required to work on a legal holiday shall be paid hislher

2

3 (c) From the legal holidays listed in I CMC sect311 the Governor may

4 select one or more legal holidays for fiscal year 2011 for which employees shall

5

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 have available funds in their personnel account

9 CHAPTER VII APPROPRIATIONS

10 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 of expenditure by

21 (I) A reduction in work hours

22 (2) A reduction in wages

23 (3) Furlough

- 21 -

$2934762 $388085

Legislative

$3322847

14

19 45

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 HDl SSl

I (4) A reduction in force

2 (5) A reduction in expenditures for all others or

3 (6) A combination of reductions under subsections (I) 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 acconnts 1 CMC sect7402(c) is

10 suspended for the period that this Act is in effect

II (f) Provided however that during the period of this Act no funds shall be

12 reprogrammed from non-personnel acconnts to personnel accounts to increase any

13 salaries from its current level

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 7959n

Superior Court 1714552 160961 1875513

20 Administration 13 295435 217240 512675

21 Law Revision Comm 5 132442 6245 138687

22 TOTAL 74

23 Section 703 Branch

22

17-123

20000 ll

954597

PUBLIC LAW NO 17-21

HOUSE BILL HDl SSI

1 (a) In accordance with Article II sectJ6(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 eontribution and non-personnel expenses as listed

4 below of the Legislative branch

5 FIE PERSONNEL OPERATIONS TOTAL

6 House Members Salary 20 954597

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

House Members Allocation

House Leadership Allocation

Senate

Senate Members Allocation

Senate Leadership Allocation

Legislative Bureau

CNMI Youth Congress

100 1700000 1700000

138000 138000

9 431141 431141

45 765000 765000

138000 138000

28 1274764 167000 1441764

1 2 67 1lltIT

TOTAL 203 $2681669 $2928000 $5609669

(b) Salaries of Legislative Members

( l) The amount appropriated under this section to the House of

Representatives under personnel shall be used to fund the salaries and

benefits of the members of the House of Representatives The expenditure

authority for the amounts appropriated shall be the Secretary of Finance

(2) The amount appropriated under this section to the Senate under

personnel shall be used to fund the salaries and benefits of the members of the

Senate The expenditure authority for the amounts appropriated shall be the

Secretary of Finance

(c) House Members Office Accounts and Employees

23

HDI

14

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 SSt

1 (I) The Department of Finance shall establish and assign a number to a

2 new business unit account entitled House Members Office Accounts for the

3 appropriation for House Members Allocation Another new business unit

4 account entitled Senate Members Office Accounts for the appropriation for

5 Senate Members Allocation Under each of these said accounts an equal

6 amount of the appropriation shall be alloeated to subac ount further established

7 thereunder for each member of the respective house for the operations of the

8 members office as permitted under section 16 of article II of the CNMI

9 Constitution applicable laws and the rules of the legislative body to which the

10 member was elected

II (2) Notwithstanding I CMC sect7401(c) to the contrary each member

12 shall be the expenditure authority of the funds allocated to their indi vidual sub-

13 account

(3) Funds allocated for the operation of the members office including

15 but not limited to the personnel costs of the members employees and

16 expenditures as authorized by the adopted rules of the Senate in the case of the

17 Senate member or the adopted rules of the House of Representatives in the case

18 of a House member such as a monthly stipend to defray travel and incidental

19 expenses for the purpose of attending to legislative business outside the

20 members senatorial district

21 (4) Allocation ofFTEs among House members shall be governed by the

22 rules of the House

24

13

14

15

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 HDI SSI

I (5) Allocation of FTEs among Senate members shall be governed by

2 the rules of the Senate

3 (d) Senate and House Leadership Accounts

4 (1) The Department of Finance shall establish and assign a number to

5 two new business unit accounts one entitled House Leadership Account for

6 the appropriation in the amount of $ l38000 under All Others and another

7 new business unit account entitled Senate Leadership Account for the

8 appropriation in the amount of$138000 under All Others

9 (2) The presiding officer of each respective house or his lawfully

10 authorized designee shall be the expenditure authority and shall use such funds

II to support the operations and activities of the House of Representatives and

12 Senate in aceordance 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

16 the Legislative Bureau shall be the Director of the Legislative Bureau or his or her

17 lawfully authorized designee

18 (f) Northern Marianas Youth Congress The expenditure authority is vested in

19 the Director of the Legislative Bureau with tbe consultation of the Speaker of the

20 Northern Mariana Islands Youth Congress

21 Section 704 Executive Branch

25

HDl

PERSONNEL

8

13

14

42

96

485

20

21

22

24

25

26

27

28

29

30

31

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 SSl

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 OPERATIONS TOTAL

5 Office of Gov 140

6 Attorney General

7 Commerce 32

Comm amp Cult Affairs 88

9 Corrections

10 Finance 163

11 Labor 44

12 Lands amp Natural Res 98

Public Health

Public Safety 258

15 Public Works 129

16 Total 1575 $45120729 $14184384 $593651l3

17 Section 705 First Senatorial District - Rota

18 (a) There is hereby appropriated the following amounts to fund the personnel

19 and non-personnel expenses as listed below of the First Senatorial District

FfE PERSONNEL OPERATIONS TOTAL

Mayor 99

Municipal Conn II

23 Commerce (econ Dev) 8

CampCA ]0

Police (DPS) 34

Fire 12

Finance amp Actg 3

Revenue amp Tax 3

Customs 6

Procurement amp Supply 2

Labor 7

26

17-123 HDl

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

] 6

17

18

19

20

21

22

23

24

25

26

Agriculture

Historic Preservation

Lands Regisamp Survey

Fish amp Wildlife

Parks amp Recreation

Soil amp Water Consv

Rota Health Center

Dental Services

DPH Med Referral

Environmental Health

Public Works

Total

PUBLIC LAW NO 17-21

HOUSE BILL SSl

20

4

6

5

4

1

51

4

5

2

23

320 $5677593 $576487 $6256080

(b) The Rota Legislative Delegation shall determine by Local Delegation

Resolution the allocation of the funds appropriated for the First Senatorial District

(c) Except as provided in this section the Mayor of Rota shall have authority to

expend obligate encumber or otherwise eommit the funds appropriated to the First

Senatorial District Notwithstanding any law to the contrary the Mayor of Rota shall

have 100 reprogramming authority of the funds appropriated in this Act

Appropriations to the Municipal Council shall be divided and distributed equally to

each member of the Municipal Council Each Municipal Council member shall be the

expenditure authority of funds distributed to himlher Additionally in accord with the

Superior Courts decision in the case of Inos v Tenorio the Mayors shall also have

expenditure authority over resident government departments in the First and Second

senatorial districts respectively unless the Governor revokes expenditure authority in a

manner consistent with the Superior Courts holding in Inos v Tenorio to wit

expenditure authority over resident departments that are primarily concerned lith the

27

Aguiguan

17

PUBLIC LAW NO 17-21

BOUSE BILL 17-123 BDt SSt

I delivery of public services can be revoked only on a prior showing of just cause but

2 the Governor has discretion to revoke expenditure authority over those departments

3 that are primarily concerned with enforcing the law

4 (e) Rota Health Center Three hundred forty thousand ($34000000) from the

5 First Senatorial Districts budget appropriation is hereby allocated to pay for

6 professional services for nurses technicians and other medical and auxiliary

7 professionals as needed including one mental health counselor in the amount of Thirty

8 Three Thousand Dollars ($3300000)

9 (d) DPS Cadets One hundred seven thousand seven hundred eighty

10 ($10778000) from the First Senatorial Districts budget appropriation is hereby

11 allocated for five (5) Full Time Equivalents (FTEs) for the Rota Department of Public

12 Safety of the total 329 FTEs to fully fund the five (5) 2010 DPS Academy graduates

13 from the First District who shall be placed as FTEs within the Rota Department of

14 Public Safety Any shortfall for overtime retirement or benefits shall be borne by the

15 municipality

16 (e) Dentist Seventy-seven thousand two hundred dollars ($77200) from the

First Senatorial Districts budget appropriation is hereby allocated for one (1) Full

18 Time Equivalent (FTE) to hire a dentist

19 Section 706 Second Senatorial District - Tinian amp

20 (a) There is hereby appropriated the following amounts to fund the personnel

21 and non-personnel expenses of the Second Senatorial District as listed below

22 [j PERSONNEL OPERATIONS TOTAL

28

14

19

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 HOISSI

1 1568

2 1570

3 1577

4 1580

5 1591

Domestic Violence

National Governors Association

Karidat

Micronesian Legal Services

Utilities - CNMl Government

6 (d) Local funds means locally generated revenues and revenues

7 received pursuant to Section 702 (a) of the Covenant

8 (e) Operations means appropriations for all lawful activities

9 other than personnel

10 (f) Personnel means appropriations for salaries employers

1 1 contribution to the Northern Marianas Retirement Fund the Defined

12 Contribution Plan overtime night differential hazardous pay and other

13 employee wages and benefits

(g) Position or Full-Time Equivalent (FIE) means the

15 maximum number of persons that may be employed pursuant to Article

16 X Section 7 of the Commonwealth Constitution but does not include

17 Workforce Investment Agency substitute teachers summer trainees

18 teacher aides physicians licensed professional nurses and licensed allied

health providers working part-time and paid only for instructional time

20 student teacher trainees or short-term specialized instructors such as

21 visiting artists performers writers and the like For purposes of this

22 exception part-time means employment not exceeding 40 hours in any

23 biweekly pay period and short-term means not more than 90

- 12 -

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

lt$2134500gt

lt$16606000gt

23 1132565000

PUBLIC LAW NO 17-21

SSt

instructional days employment within the Public School System during the

fiscal year

CHAPTER II ESTIMATED REVENUES

Section 201 Estimated Revenues Pursuant to House Concurrent

Resolution No 17-2 HDI the total estimated revenues and resources approved

and identified for fY 2011 are as follows

I 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 Excisc 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) MY 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) 20078 refunding bond payment

(c) Deficit Reduction $

Subtotal

(d) Net fY 2011 budgetary resources available for appropriation

- 13 -

(e) Department

HDl

$2820866

$J3538

Suspension Earmarked

Appropriation Budget Authority

14

15

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 SSI

I of Public Lands

2 Grand Total

3 Notwithstanding CMC 7204 funds appropriated for FY2011 shall be

4 allotted monthly

5 Seetion 202 of 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 [WlA] and 50 to the

Retirement Fund)

CHAPTER III

16 GOVERNMENT CORPORATIONS AND DESIGNATED

17 AGENCIESACTIVITIES

18 Section 301 and 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 shaH not be

22 incurred or committed and hiring in excess of FTE ceilings is prohibited unless

- 14 -

ACTIVITIES FTE OPERATIONS

5O97122 $79118379 84215501

CertificatiQn

Reporting Requirement

19

23

PUBLIC LAW NO 17-21

1 authorized by a legislative joint resolution in accordance with Section 7 Article X

2 of the NMI Constitution

3 PERSONNEL 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 ------bullbull -----

7 (d) Commonwealth Utilities COrPOration no submittal

8 (e) NM Housing Corporation 24 1110989 1113108 2224097

9 (I) NMI Ret Fund 27 1353669 76659330 78012999

10 (g) Office of the Public Auditor 30 1818525 755700 2574225

II (h) Public Utilities Commission 55553 137550 193103

12 Grand Total l2

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

IS indicated above

16 Section 302 Prior 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

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

Section 303 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

- IS -

HD1SSI

1

2

3

4

5 Management

6

7

8

9

10

11

12

13

14

15

16

17

18 Ceiling

19

20

21

22 Expenditure Authority

PUBLIC LAW NO 17-21

HOUSE BILL 17-123

for personnel and operations of each governnIent 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

CHAPTER IV ADMINISTRATION OF APPROPRIATED FUNDS

Section 401 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 of Finance 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

(a) Employment Ceilings Pursuant to Article X sect 7 of the

Commonwealth Constitution the employment ceilings are hereby established as

set forth herein

Section 404

- 16-

17-123 HD1

13

14

15

PUBLIC LAW NO 17-21

HOUSE BILL SS1

I (a) The distribution and expenditure of funds shall be in compliance with

2 the fiscal expenditure authority the listed agencies have pursuant to statute and the

3 administrative provisions of this Act as set forth herein

4 (b) Except as provided in this Act the funds appropriated pursuant to this

5 Act shall be expended by the respective expenditure authority pursuant to I CMC

6 sectsect 7401 and 7503

7 (c) For the Ground Water Management and Protection Act Fund

8 expenditure authority is vested in the Director of the Division of Environmental

9 Quality

10 (d) For all government agencies receiving appropriated funds for

11 personnel or staff housing administrative and expenditure authority over housing

12 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

16 in the Family Violence Task Force chairperson with concurrence of the Family

17 Violence Task Force coordinator

18 (1) For Crime Stoppers International the chairperson of the board of the

19 directors shall be the expenditure authority

20 (g) For Independent Programs unless othernise provided in this Act or in

21 any other provision of law expenditure authority shall be vested in the Secretary

22 of Finance

23 CHAPTER V REPROGRAMMING AUTHORITY

- 17 -

Reprogramming Authority

BDI

Hiring

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 SSI

I

2 this act authority to reprogram

3

4

5 Governor shall have 100 reprogramming authority on funds

6

7

8

9

10

11 funds federal law federal grant

12 prohibitions and deposit and other

13 security and the financing of public

14 projeets

15

16 of $7539509 included in the

17

18

19

20

21

Section SOl

(a) Unless otherwise specified in

appropriated funds shall be as provided under 1 CMC sectsect 7402 and 7504

(b) Provided however I CMC sectsect 7402 (b) is hereby suspended for the

period of this Act

appropriated under Section 704 of this Act

(c) Notwithstanding any law to the contrary the Governors authority to

reprogram funds under this section shall include the authority to reprogram funds

available to all public corporations agencies and entities of the Commonwealth

Government upon approval by joint approval of the legislature provided that such

are not restricted from reprogramming by

conditions Commonwealth constitutional

restrictions related to bond covenants

CHAPTER VI SUPPLEMENTAL ADMINISTRATIVE PROVISIONS

Section 601 Utilities The amount

Independent Programs shall be appropriated for the payment of utilities for the

branches departments and agencies of the Commonwealth government except

the business units listed in Section I03(b )(7) and the Public School System and

the Northern Marianas College

Section 602 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

- 18 -

17-123

Litigation Expenditures

PUBLIC LAW NO 17-21

BOUSE BILL BDI SSt

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

II forth in Section 704 are contingent on this section remaining in this Appropriation

12 Act

13 Section 603 Restricted

14 Except for the governor the attorney general the chief justice of the

IS 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 thcir authority The terms agency and agencies as used in this section shall be

- 19-

1

2

3

4

5

6

7

8

9

10

11 Legal Holidays

12

13

14

15

16

17

18

19

20

21

22

23

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 HDl SSt

liberally construed to include all instrumentalities and subdivisions of the

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

of Finance

Section 605

(a) The following laws and regulations providing for payment of legal

holidays are repealed during fiscal year 2011

ICMCsect312 andsect313

Title 10 NMIAC sectlO-1O-135G) (Excepted Service)

Title 10 NMIAC sect 1 0-202-346 (Civil Service Executive Branch)

Title 10 NMIAC sect10-30middot344 (Civil Service Judicial Branch)

Title 40 NMIAC sect40-40-425 (Commonwealth Ports Authority)

Title 60 NMIAC sect60-30l-444 (Public School System)

Title 100 NMIAC sect 100middot50-430 (Northern Marianas Housing

Corporation)

Title 120 NMIAC sect120-1Omiddot230 (Excepted Service) and

Title 130 NMIAC 130middot20-330 (Office of the Public Auditor)

- 20 -

17-123 HDl

In

PUBLIC LAW NO 17-21

regular salary

receive leave with pay

employees if they

Section 701

HOUSE BILL SSl

1 (b) Any employee required to work on a legal holiday shall be paid hislher

2

3 (c) From the legal holidays listed in I CMC sect311 the Governor may

4 select one or more legal holidays for fiscal year 2011 for which employees shall

5

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 have available funds in their personnel account

9 CHAPTER VII APPROPRIATIONS

10 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 of expenditure by

21 (I) A reduction in work hours

22 (2) A reduction in wages

23 (3) Furlough

- 21 -

$2934762 $388085

Legislative

$3322847

14

19 45

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 HDl SSl

I (4) A reduction in force

2 (5) A reduction in expenditures for all others or

3 (6) A combination of reductions under subsections (I) 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 acconnts 1 CMC sect7402(c) is

10 suspended for the period that this Act is in effect

II (f) Provided however that during the period of this Act no funds shall be

12 reprogrammed from non-personnel acconnts to personnel accounts to increase any

13 salaries from its current level

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 7959n

Superior Court 1714552 160961 1875513

20 Administration 13 295435 217240 512675

21 Law Revision Comm 5 132442 6245 138687

22 TOTAL 74

23 Section 703 Branch

22

17-123

20000 ll

954597

PUBLIC LAW NO 17-21

HOUSE BILL HDl SSI

1 (a) In accordance with Article II sectJ6(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 eontribution and non-personnel expenses as listed

4 below of the Legislative branch

5 FIE PERSONNEL OPERATIONS TOTAL

6 House Members Salary 20 954597

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

House Members Allocation

House Leadership Allocation

Senate

Senate Members Allocation

Senate Leadership Allocation

Legislative Bureau

CNMI Youth Congress

100 1700000 1700000

138000 138000

9 431141 431141

45 765000 765000

138000 138000

28 1274764 167000 1441764

1 2 67 1lltIT

TOTAL 203 $2681669 $2928000 $5609669

(b) Salaries of Legislative Members

( l) The amount appropriated under this section to the House of

Representatives under personnel shall be used to fund the salaries and

benefits of the members of the House of Representatives The expenditure

authority for the amounts appropriated shall be the Secretary of Finance

(2) The amount appropriated under this section to the Senate under

personnel shall be used to fund the salaries and benefits of the members of the

Senate The expenditure authority for the amounts appropriated shall be the

Secretary of Finance

(c) House Members Office Accounts and Employees

23

HDI

14

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 SSt

1 (I) The Department of Finance shall establish and assign a number to a

2 new business unit account entitled House Members Office Accounts for the

3 appropriation for House Members Allocation Another new business unit

4 account entitled Senate Members Office Accounts for the appropriation for

5 Senate Members Allocation Under each of these said accounts an equal

6 amount of the appropriation shall be alloeated to subac ount further established

7 thereunder for each member of the respective house for the operations of the

8 members office as permitted under section 16 of article II of the CNMI

9 Constitution applicable laws and the rules of the legislative body to which the

10 member was elected

II (2) Notwithstanding I CMC sect7401(c) to the contrary each member

12 shall be the expenditure authority of the funds allocated to their indi vidual sub-

13 account

(3) Funds allocated for the operation of the members office including

15 but not limited to the personnel costs of the members employees and

16 expenditures as authorized by the adopted rules of the Senate in the case of the

17 Senate member or the adopted rules of the House of Representatives in the case

18 of a House member such as a monthly stipend to defray travel and incidental

19 expenses for the purpose of attending to legislative business outside the

20 members senatorial district

21 (4) Allocation ofFTEs among House members shall be governed by the

22 rules of the House

24

13

14

15

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 HDI SSI

I (5) Allocation of FTEs among Senate members shall be governed by

2 the rules of the Senate

3 (d) Senate and House Leadership Accounts

4 (1) The Department of Finance shall establish and assign a number to

5 two new business unit accounts one entitled House Leadership Account for

6 the appropriation in the amount of $ l38000 under All Others and another

7 new business unit account entitled Senate Leadership Account for the

8 appropriation in the amount of$138000 under All Others

9 (2) The presiding officer of each respective house or his lawfully

10 authorized designee shall be the expenditure authority and shall use such funds

II to support the operations and activities of the House of Representatives and

12 Senate in aceordance 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

16 the Legislative Bureau shall be the Director of the Legislative Bureau or his or her

17 lawfully authorized designee

18 (f) Northern Marianas Youth Congress The expenditure authority is vested in

19 the Director of the Legislative Bureau with tbe consultation of the Speaker of the

20 Northern Mariana Islands Youth Congress

21 Section 704 Executive Branch

25

HDl

PERSONNEL

8

13

14

42

96

485

20

21

22

24

25

26

27

28

29

30

31

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 SSl

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 OPERATIONS TOTAL

5 Office of Gov 140

6 Attorney General

7 Commerce 32

Comm amp Cult Affairs 88

9 Corrections

10 Finance 163

11 Labor 44

12 Lands amp Natural Res 98

Public Health

Public Safety 258

15 Public Works 129

16 Total 1575 $45120729 $14184384 $593651l3

17 Section 705 First Senatorial District - Rota

18 (a) There is hereby appropriated the following amounts to fund the personnel

19 and non-personnel expenses as listed below of the First Senatorial District

FfE PERSONNEL OPERATIONS TOTAL

Mayor 99

Municipal Conn II

23 Commerce (econ Dev) 8

CampCA ]0

Police (DPS) 34

Fire 12

Finance amp Actg 3

Revenue amp Tax 3

Customs 6

Procurement amp Supply 2

Labor 7

26

17-123 HDl

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

] 6

17

18

19

20

21

22

23

24

25

26

Agriculture

Historic Preservation

Lands Regisamp Survey

Fish amp Wildlife

Parks amp Recreation

Soil amp Water Consv

Rota Health Center

Dental Services

DPH Med Referral

Environmental Health

Public Works

Total

PUBLIC LAW NO 17-21

HOUSE BILL SSl

20

4

6

5

4

1

51

4

5

2

23

320 $5677593 $576487 $6256080

(b) The Rota Legislative Delegation shall determine by Local Delegation

Resolution the allocation of the funds appropriated for the First Senatorial District

(c) Except as provided in this section the Mayor of Rota shall have authority to

expend obligate encumber or otherwise eommit the funds appropriated to the First

Senatorial District Notwithstanding any law to the contrary the Mayor of Rota shall

have 100 reprogramming authority of the funds appropriated in this Act

Appropriations to the Municipal Council shall be divided and distributed equally to

each member of the Municipal Council Each Municipal Council member shall be the

expenditure authority of funds distributed to himlher Additionally in accord with the

Superior Courts decision in the case of Inos v Tenorio the Mayors shall also have

expenditure authority over resident government departments in the First and Second

senatorial districts respectively unless the Governor revokes expenditure authority in a

manner consistent with the Superior Courts holding in Inos v Tenorio to wit

expenditure authority over resident departments that are primarily concerned lith the

27

Aguiguan

17

PUBLIC LAW NO 17-21

BOUSE BILL 17-123 BDt SSt

I delivery of public services can be revoked only on a prior showing of just cause but

2 the Governor has discretion to revoke expenditure authority over those departments

3 that are primarily concerned with enforcing the law

4 (e) Rota Health Center Three hundred forty thousand ($34000000) from the

5 First Senatorial Districts budget appropriation is hereby allocated to pay for

6 professional services for nurses technicians and other medical and auxiliary

7 professionals as needed including one mental health counselor in the amount of Thirty

8 Three Thousand Dollars ($3300000)

9 (d) DPS Cadets One hundred seven thousand seven hundred eighty

10 ($10778000) from the First Senatorial Districts budget appropriation is hereby

11 allocated for five (5) Full Time Equivalents (FTEs) for the Rota Department of Public

12 Safety of the total 329 FTEs to fully fund the five (5) 2010 DPS Academy graduates

13 from the First District who shall be placed as FTEs within the Rota Department of

14 Public Safety Any shortfall for overtime retirement or benefits shall be borne by the

15 municipality

16 (e) Dentist Seventy-seven thousand two hundred dollars ($77200) from the

First Senatorial Districts budget appropriation is hereby allocated for one (1) Full

18 Time Equivalent (FTE) to hire a dentist

19 Section 706 Second Senatorial District - Tinian amp

20 (a) There is hereby appropriated the following amounts to fund the personnel

21 and non-personnel expenses of the Second Senatorial District as listed below

22 [j PERSONNEL OPERATIONS TOTAL

28

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

lt$2134500gt

lt$16606000gt

23 1132565000

PUBLIC LAW NO 17-21

SSt

instructional days employment within the Public School System during the

fiscal year

CHAPTER II ESTIMATED REVENUES

Section 201 Estimated Revenues Pursuant to House Concurrent

Resolution No 17-2 HDI the total estimated revenues and resources approved

and identified for fY 2011 are as follows

I 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 Excisc 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) MY 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) 20078 refunding bond payment

(c) Deficit Reduction $

Subtotal

(d) Net fY 2011 budgetary resources available for appropriation

- 13 -

(e) Department

HDl

$2820866

$J3538

Suspension Earmarked

Appropriation Budget Authority

14

15

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 SSI

I of Public Lands

2 Grand Total

3 Notwithstanding CMC 7204 funds appropriated for FY2011 shall be

4 allotted monthly

5 Seetion 202 of 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 [WlA] and 50 to the

Retirement Fund)

CHAPTER III

16 GOVERNMENT CORPORATIONS AND DESIGNATED

17 AGENCIESACTIVITIES

18 Section 301 and 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 shaH not be

22 incurred or committed and hiring in excess of FTE ceilings is prohibited unless

- 14 -

ACTIVITIES FTE OPERATIONS

5O97122 $79118379 84215501

CertificatiQn

Reporting Requirement

19

23

PUBLIC LAW NO 17-21

1 authorized by a legislative joint resolution in accordance with Section 7 Article X

2 of the NMI Constitution

3 PERSONNEL 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 ------bullbull -----

7 (d) Commonwealth Utilities COrPOration no submittal

8 (e) NM Housing Corporation 24 1110989 1113108 2224097

9 (I) NMI Ret Fund 27 1353669 76659330 78012999

10 (g) Office of the Public Auditor 30 1818525 755700 2574225

II (h) Public Utilities Commission 55553 137550 193103

12 Grand Total l2

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

IS indicated above

16 Section 302 Prior 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

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

Section 303 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

- IS -

HD1SSI

1

2

3

4

5 Management

6

7

8

9

10

11

12

13

14

15

16

17

18 Ceiling

19

20

21

22 Expenditure Authority

PUBLIC LAW NO 17-21

HOUSE BILL 17-123

for personnel and operations of each governnIent 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

CHAPTER IV ADMINISTRATION OF APPROPRIATED FUNDS

Section 401 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 of Finance 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

(a) Employment Ceilings Pursuant to Article X sect 7 of the

Commonwealth Constitution the employment ceilings are hereby established as

set forth herein

Section 404

- 16-

17-123 HD1

13

14

15

PUBLIC LAW NO 17-21

HOUSE BILL SS1

I (a) The distribution and expenditure of funds shall be in compliance with

2 the fiscal expenditure authority the listed agencies have pursuant to statute and the

3 administrative provisions of this Act as set forth herein

4 (b) Except as provided in this Act the funds appropriated pursuant to this

5 Act shall be expended by the respective expenditure authority pursuant to I CMC

6 sectsect 7401 and 7503

7 (c) For the Ground Water Management and Protection Act Fund

8 expenditure authority is vested in the Director of the Division of Environmental

9 Quality

10 (d) For all government agencies receiving appropriated funds for

11 personnel or staff housing administrative and expenditure authority over housing

12 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

16 in the Family Violence Task Force chairperson with concurrence of the Family

17 Violence Task Force coordinator

18 (1) For Crime Stoppers International the chairperson of the board of the

19 directors shall be the expenditure authority

20 (g) For Independent Programs unless othernise provided in this Act or in

21 any other provision of law expenditure authority shall be vested in the Secretary

22 of Finance

23 CHAPTER V REPROGRAMMING AUTHORITY

- 17 -

Reprogramming Authority

BDI

Hiring

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 SSI

I

2 this act authority to reprogram

3

4

5 Governor shall have 100 reprogramming authority on funds

6

7

8

9

10

11 funds federal law federal grant

12 prohibitions and deposit and other

13 security and the financing of public

14 projeets

15

16 of $7539509 included in the

17

18

19

20

21

Section SOl

(a) Unless otherwise specified in

appropriated funds shall be as provided under 1 CMC sectsect 7402 and 7504

(b) Provided however I CMC sectsect 7402 (b) is hereby suspended for the

period of this Act

appropriated under Section 704 of this Act

(c) Notwithstanding any law to the contrary the Governors authority to

reprogram funds under this section shall include the authority to reprogram funds

available to all public corporations agencies and entities of the Commonwealth

Government upon approval by joint approval of the legislature provided that such

are not restricted from reprogramming by

conditions Commonwealth constitutional

restrictions related to bond covenants

CHAPTER VI SUPPLEMENTAL ADMINISTRATIVE PROVISIONS

Section 601 Utilities The amount

Independent Programs shall be appropriated for the payment of utilities for the

branches departments and agencies of the Commonwealth government except

the business units listed in Section I03(b )(7) and the Public School System and

the Northern Marianas College

Section 602 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

- 18 -

17-123

Litigation Expenditures

PUBLIC LAW NO 17-21

BOUSE BILL BDI SSt

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

II forth in Section 704 are contingent on this section remaining in this Appropriation

12 Act

13 Section 603 Restricted

14 Except for the governor the attorney general the chief justice of the

IS 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 thcir authority The terms agency and agencies as used in this section shall be

- 19-

1

2

3

4

5

6

7

8

9

10

11 Legal Holidays

12

13

14

15

16

17

18

19

20

21

22

23

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 HDl SSt

liberally construed to include all instrumentalities and subdivisions of the

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

of Finance

Section 605

(a) The following laws and regulations providing for payment of legal

holidays are repealed during fiscal year 2011

ICMCsect312 andsect313

Title 10 NMIAC sectlO-1O-135G) (Excepted Service)

Title 10 NMIAC sect 1 0-202-346 (Civil Service Executive Branch)

Title 10 NMIAC sect10-30middot344 (Civil Service Judicial Branch)

Title 40 NMIAC sect40-40-425 (Commonwealth Ports Authority)

Title 60 NMIAC sect60-30l-444 (Public School System)

Title 100 NMIAC sect 100middot50-430 (Northern Marianas Housing

Corporation)

Title 120 NMIAC sect120-1Omiddot230 (Excepted Service) and

Title 130 NMIAC 130middot20-330 (Office of the Public Auditor)

- 20 -

17-123 HDl

In

PUBLIC LAW NO 17-21

regular salary

receive leave with pay

employees if they

Section 701

HOUSE BILL SSl

1 (b) Any employee required to work on a legal holiday shall be paid hislher

2

3 (c) From the legal holidays listed in I CMC sect311 the Governor may

4 select one or more legal holidays for fiscal year 2011 for which employees shall

5

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 have available funds in their personnel account

9 CHAPTER VII APPROPRIATIONS

10 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 of expenditure by

21 (I) A reduction in work hours

22 (2) A reduction in wages

23 (3) Furlough

- 21 -

$2934762 $388085

Legislative

$3322847

14

19 45

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 HDl SSl

I (4) A reduction in force

2 (5) A reduction in expenditures for all others or

3 (6) A combination of reductions under subsections (I) 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 acconnts 1 CMC sect7402(c) is

10 suspended for the period that this Act is in effect

II (f) Provided however that during the period of this Act no funds shall be

12 reprogrammed from non-personnel acconnts to personnel accounts to increase any

13 salaries from its current level

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 7959n

Superior Court 1714552 160961 1875513

20 Administration 13 295435 217240 512675

21 Law Revision Comm 5 132442 6245 138687

22 TOTAL 74

23 Section 703 Branch

22

17-123

20000 ll

954597

PUBLIC LAW NO 17-21

HOUSE BILL HDl SSI

1 (a) In accordance with Article II sectJ6(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 eontribution and non-personnel expenses as listed

4 below of the Legislative branch

5 FIE PERSONNEL OPERATIONS TOTAL

6 House Members Salary 20 954597

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

House Members Allocation

House Leadership Allocation

Senate

Senate Members Allocation

Senate Leadership Allocation

Legislative Bureau

CNMI Youth Congress

100 1700000 1700000

138000 138000

9 431141 431141

45 765000 765000

138000 138000

28 1274764 167000 1441764

1 2 67 1lltIT

TOTAL 203 $2681669 $2928000 $5609669

(b) Salaries of Legislative Members

( l) The amount appropriated under this section to the House of

Representatives under personnel shall be used to fund the salaries and

benefits of the members of the House of Representatives The expenditure

authority for the amounts appropriated shall be the Secretary of Finance

(2) The amount appropriated under this section to the Senate under

personnel shall be used to fund the salaries and benefits of the members of the

Senate The expenditure authority for the amounts appropriated shall be the

Secretary of Finance

(c) House Members Office Accounts and Employees

23

HDI

14

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 SSt

1 (I) The Department of Finance shall establish and assign a number to a

2 new business unit account entitled House Members Office Accounts for the

3 appropriation for House Members Allocation Another new business unit

4 account entitled Senate Members Office Accounts for the appropriation for

5 Senate Members Allocation Under each of these said accounts an equal

6 amount of the appropriation shall be alloeated to subac ount further established

7 thereunder for each member of the respective house for the operations of the

8 members office as permitted under section 16 of article II of the CNMI

9 Constitution applicable laws and the rules of the legislative body to which the

10 member was elected

II (2) Notwithstanding I CMC sect7401(c) to the contrary each member

12 shall be the expenditure authority of the funds allocated to their indi vidual sub-

13 account

(3) Funds allocated for the operation of the members office including

15 but not limited to the personnel costs of the members employees and

16 expenditures as authorized by the adopted rules of the Senate in the case of the

17 Senate member or the adopted rules of the House of Representatives in the case

18 of a House member such as a monthly stipend to defray travel and incidental

19 expenses for the purpose of attending to legislative business outside the

20 members senatorial district

21 (4) Allocation ofFTEs among House members shall be governed by the

22 rules of the House

24

13

14

15

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 HDI SSI

I (5) Allocation of FTEs among Senate members shall be governed by

2 the rules of the Senate

3 (d) Senate and House Leadership Accounts

4 (1) The Department of Finance shall establish and assign a number to

5 two new business unit accounts one entitled House Leadership Account for

6 the appropriation in the amount of $ l38000 under All Others and another

7 new business unit account entitled Senate Leadership Account for the

8 appropriation in the amount of$138000 under All Others

9 (2) The presiding officer of each respective house or his lawfully

10 authorized designee shall be the expenditure authority and shall use such funds

II to support the operations and activities of the House of Representatives and

12 Senate in aceordance 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

16 the Legislative Bureau shall be the Director of the Legislative Bureau or his or her

17 lawfully authorized designee

18 (f) Northern Marianas Youth Congress The expenditure authority is vested in

19 the Director of the Legislative Bureau with tbe consultation of the Speaker of the

20 Northern Mariana Islands Youth Congress

21 Section 704 Executive Branch

25

HDl

PERSONNEL

8

13

14

42

96

485

20

21

22

24

25

26

27

28

29

30

31

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 SSl

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 OPERATIONS TOTAL

5 Office of Gov 140

6 Attorney General

7 Commerce 32

Comm amp Cult Affairs 88

9 Corrections

10 Finance 163

11 Labor 44

12 Lands amp Natural Res 98

Public Health

Public Safety 258

15 Public Works 129

16 Total 1575 $45120729 $14184384 $593651l3

17 Section 705 First Senatorial District - Rota

18 (a) There is hereby appropriated the following amounts to fund the personnel

19 and non-personnel expenses as listed below of the First Senatorial District

FfE PERSONNEL OPERATIONS TOTAL

Mayor 99

Municipal Conn II

23 Commerce (econ Dev) 8

CampCA ]0

Police (DPS) 34

Fire 12

Finance amp Actg 3

Revenue amp Tax 3

Customs 6

Procurement amp Supply 2

Labor 7

26

17-123 HDl

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

] 6

17

18

19

20

21

22

23

24

25

26

Agriculture

Historic Preservation

Lands Regisamp Survey

Fish amp Wildlife

Parks amp Recreation

Soil amp Water Consv

Rota Health Center

Dental Services

DPH Med Referral

Environmental Health

Public Works

Total

PUBLIC LAW NO 17-21

HOUSE BILL SSl

20

4

6

5

4

1

51

4

5

2

23

320 $5677593 $576487 $6256080

(b) The Rota Legislative Delegation shall determine by Local Delegation

Resolution the allocation of the funds appropriated for the First Senatorial District

(c) Except as provided in this section the Mayor of Rota shall have authority to

expend obligate encumber or otherwise eommit the funds appropriated to the First

Senatorial District Notwithstanding any law to the contrary the Mayor of Rota shall

have 100 reprogramming authority of the funds appropriated in this Act

Appropriations to the Municipal Council shall be divided and distributed equally to

each member of the Municipal Council Each Municipal Council member shall be the

expenditure authority of funds distributed to himlher Additionally in accord with the

Superior Courts decision in the case of Inos v Tenorio the Mayors shall also have

expenditure authority over resident government departments in the First and Second

senatorial districts respectively unless the Governor revokes expenditure authority in a

manner consistent with the Superior Courts holding in Inos v Tenorio to wit

expenditure authority over resident departments that are primarily concerned lith the

27

Aguiguan

17

PUBLIC LAW NO 17-21

BOUSE BILL 17-123 BDt SSt

I delivery of public services can be revoked only on a prior showing of just cause but

2 the Governor has discretion to revoke expenditure authority over those departments

3 that are primarily concerned with enforcing the law

4 (e) Rota Health Center Three hundred forty thousand ($34000000) from the

5 First Senatorial Districts budget appropriation is hereby allocated to pay for

6 professional services for nurses technicians and other medical and auxiliary

7 professionals as needed including one mental health counselor in the amount of Thirty

8 Three Thousand Dollars ($3300000)

9 (d) DPS Cadets One hundred seven thousand seven hundred eighty

10 ($10778000) from the First Senatorial Districts budget appropriation is hereby

11 allocated for five (5) Full Time Equivalents (FTEs) for the Rota Department of Public

12 Safety of the total 329 FTEs to fully fund the five (5) 2010 DPS Academy graduates

13 from the First District who shall be placed as FTEs within the Rota Department of

14 Public Safety Any shortfall for overtime retirement or benefits shall be borne by the

15 municipality

16 (e) Dentist Seventy-seven thousand two hundred dollars ($77200) from the

First Senatorial Districts budget appropriation is hereby allocated for one (1) Full

18 Time Equivalent (FTE) to hire a dentist

19 Section 706 Second Senatorial District - Tinian amp

20 (a) There is hereby appropriated the following amounts to fund the personnel

21 and non-personnel expenses of the Second Senatorial District as listed below

22 [j PERSONNEL OPERATIONS TOTAL

28

(e) Department

HDl

$2820866

$J3538

Suspension Earmarked

Appropriation Budget Authority

14

15

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 SSI

I of Public Lands

2 Grand Total

3 Notwithstanding CMC 7204 funds appropriated for FY2011 shall be

4 allotted monthly

5 Seetion 202 of 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 [WlA] and 50 to the

Retirement Fund)

CHAPTER III

16 GOVERNMENT CORPORATIONS AND DESIGNATED

17 AGENCIESACTIVITIES

18 Section 301 and 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 shaH not be

22 incurred or committed and hiring in excess of FTE ceilings is prohibited unless

- 14 -

ACTIVITIES FTE OPERATIONS

5O97122 $79118379 84215501

CertificatiQn

Reporting Requirement

19

23

PUBLIC LAW NO 17-21

1 authorized by a legislative joint resolution in accordance with Section 7 Article X

2 of the NMI Constitution

3 PERSONNEL 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 ------bullbull -----

7 (d) Commonwealth Utilities COrPOration no submittal

8 (e) NM Housing Corporation 24 1110989 1113108 2224097

9 (I) NMI Ret Fund 27 1353669 76659330 78012999

10 (g) Office of the Public Auditor 30 1818525 755700 2574225

II (h) Public Utilities Commission 55553 137550 193103

12 Grand Total l2

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

IS indicated above

16 Section 302 Prior 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

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

Section 303 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

- IS -

HD1SSI

1

2

3

4

5 Management

6

7

8

9

10

11

12

13

14

15

16

17

18 Ceiling

19

20

21

22 Expenditure Authority

PUBLIC LAW NO 17-21

HOUSE BILL 17-123

for personnel and operations of each governnIent 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

CHAPTER IV ADMINISTRATION OF APPROPRIATED FUNDS

Section 401 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 of Finance 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

(a) Employment Ceilings Pursuant to Article X sect 7 of the

Commonwealth Constitution the employment ceilings are hereby established as

set forth herein

Section 404

- 16-

17-123 HD1

13

14

15

PUBLIC LAW NO 17-21

HOUSE BILL SS1

I (a) The distribution and expenditure of funds shall be in compliance with

2 the fiscal expenditure authority the listed agencies have pursuant to statute and the

3 administrative provisions of this Act as set forth herein

4 (b) Except as provided in this Act the funds appropriated pursuant to this

5 Act shall be expended by the respective expenditure authority pursuant to I CMC

6 sectsect 7401 and 7503

7 (c) For the Ground Water Management and Protection Act Fund

8 expenditure authority is vested in the Director of the Division of Environmental

9 Quality

10 (d) For all government agencies receiving appropriated funds for

11 personnel or staff housing administrative and expenditure authority over housing

12 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

16 in the Family Violence Task Force chairperson with concurrence of the Family

17 Violence Task Force coordinator

18 (1) For Crime Stoppers International the chairperson of the board of the

19 directors shall be the expenditure authority

20 (g) For Independent Programs unless othernise provided in this Act or in

21 any other provision of law expenditure authority shall be vested in the Secretary

22 of Finance

23 CHAPTER V REPROGRAMMING AUTHORITY

- 17 -

Reprogramming Authority

BDI

Hiring

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 SSI

I

2 this act authority to reprogram

3

4

5 Governor shall have 100 reprogramming authority on funds

6

7

8

9

10

11 funds federal law federal grant

12 prohibitions and deposit and other

13 security and the financing of public

14 projeets

15

16 of $7539509 included in the

17

18

19

20

21

Section SOl

(a) Unless otherwise specified in

appropriated funds shall be as provided under 1 CMC sectsect 7402 and 7504

(b) Provided however I CMC sectsect 7402 (b) is hereby suspended for the

period of this Act

appropriated under Section 704 of this Act

(c) Notwithstanding any law to the contrary the Governors authority to

reprogram funds under this section shall include the authority to reprogram funds

available to all public corporations agencies and entities of the Commonwealth

Government upon approval by joint approval of the legislature provided that such

are not restricted from reprogramming by

conditions Commonwealth constitutional

restrictions related to bond covenants

CHAPTER VI SUPPLEMENTAL ADMINISTRATIVE PROVISIONS

Section 601 Utilities The amount

Independent Programs shall be appropriated for the payment of utilities for the

branches departments and agencies of the Commonwealth government except

the business units listed in Section I03(b )(7) and the Public School System and

the Northern Marianas College

Section 602 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

- 18 -

17-123

Litigation Expenditures

PUBLIC LAW NO 17-21

BOUSE BILL BDI SSt

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

II forth in Section 704 are contingent on this section remaining in this Appropriation

12 Act

13 Section 603 Restricted

14 Except for the governor the attorney general the chief justice of the

IS 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 thcir authority The terms agency and agencies as used in this section shall be

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2

3

4

5

6

7

8

9

10

11 Legal Holidays

12

13

14

15

16

17

18

19

20

21

22

23

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 HDl SSt

liberally construed to include all instrumentalities and subdivisions of the

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

of Finance

Section 605

(a) The following laws and regulations providing for payment of legal

holidays are repealed during fiscal year 2011

ICMCsect312 andsect313

Title 10 NMIAC sectlO-1O-135G) (Excepted Service)

Title 10 NMIAC sect 1 0-202-346 (Civil Service Executive Branch)

Title 10 NMIAC sect10-30middot344 (Civil Service Judicial Branch)

Title 40 NMIAC sect40-40-425 (Commonwealth Ports Authority)

Title 60 NMIAC sect60-30l-444 (Public School System)

Title 100 NMIAC sect 100middot50-430 (Northern Marianas Housing

Corporation)

Title 120 NMIAC sect120-1Omiddot230 (Excepted Service) and

Title 130 NMIAC 130middot20-330 (Office of the Public Auditor)

- 20 -

17-123 HDl

In

PUBLIC LAW NO 17-21

regular salary

receive leave with pay

employees if they

Section 701

HOUSE BILL SSl

1 (b) Any employee required to work on a legal holiday shall be paid hislher

2

3 (c) From the legal holidays listed in I CMC sect311 the Governor may

4 select one or more legal holidays for fiscal year 2011 for which employees shall

5

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 have available funds in their personnel account

9 CHAPTER VII APPROPRIATIONS

10 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 of expenditure by

21 (I) A reduction in work hours

22 (2) A reduction in wages

23 (3) Furlough

- 21 -

$2934762 $388085

Legislative

$3322847

14

19 45

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 HDl SSl

I (4) A reduction in force

2 (5) A reduction in expenditures for all others or

3 (6) A combination of reductions under subsections (I) 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 acconnts 1 CMC sect7402(c) is

10 suspended for the period that this Act is in effect

II (f) Provided however that during the period of this Act no funds shall be

12 reprogrammed from non-personnel acconnts to personnel accounts to increase any

13 salaries from its current level

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 7959n

Superior Court 1714552 160961 1875513

20 Administration 13 295435 217240 512675

21 Law Revision Comm 5 132442 6245 138687

22 TOTAL 74

23 Section 703 Branch

22

17-123

20000 ll

954597

PUBLIC LAW NO 17-21

HOUSE BILL HDl SSI

1 (a) In accordance with Article II sectJ6(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 eontribution and non-personnel expenses as listed

4 below of the Legislative branch

5 FIE PERSONNEL OPERATIONS TOTAL

6 House Members Salary 20 954597

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

House Members Allocation

House Leadership Allocation

Senate

Senate Members Allocation

Senate Leadership Allocation

Legislative Bureau

CNMI Youth Congress

100 1700000 1700000

138000 138000

9 431141 431141

45 765000 765000

138000 138000

28 1274764 167000 1441764

1 2 67 1lltIT

TOTAL 203 $2681669 $2928000 $5609669

(b) Salaries of Legislative Members

( l) The amount appropriated under this section to the House of

Representatives under personnel shall be used to fund the salaries and

benefits of the members of the House of Representatives The expenditure

authority for the amounts appropriated shall be the Secretary of Finance

(2) The amount appropriated under this section to the Senate under

personnel shall be used to fund the salaries and benefits of the members of the

Senate The expenditure authority for the amounts appropriated shall be the

Secretary of Finance

(c) House Members Office Accounts and Employees

23

HDI

14

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 SSt

1 (I) The Department of Finance shall establish and assign a number to a

2 new business unit account entitled House Members Office Accounts for the

3 appropriation for House Members Allocation Another new business unit

4 account entitled Senate Members Office Accounts for the appropriation for

5 Senate Members Allocation Under each of these said accounts an equal

6 amount of the appropriation shall be alloeated to subac ount further established

7 thereunder for each member of the respective house for the operations of the

8 members office as permitted under section 16 of article II of the CNMI

9 Constitution applicable laws and the rules of the legislative body to which the

10 member was elected

II (2) Notwithstanding I CMC sect7401(c) to the contrary each member

12 shall be the expenditure authority of the funds allocated to their indi vidual sub-

13 account

(3) Funds allocated for the operation of the members office including

15 but not limited to the personnel costs of the members employees and

16 expenditures as authorized by the adopted rules of the Senate in the case of the

17 Senate member or the adopted rules of the House of Representatives in the case

18 of a House member such as a monthly stipend to defray travel and incidental

19 expenses for the purpose of attending to legislative business outside the

20 members senatorial district

21 (4) Allocation ofFTEs among House members shall be governed by the

22 rules of the House

24

13

14

15

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 HDI SSI

I (5) Allocation of FTEs among Senate members shall be governed by

2 the rules of the Senate

3 (d) Senate and House Leadership Accounts

4 (1) The Department of Finance shall establish and assign a number to

5 two new business unit accounts one entitled House Leadership Account for

6 the appropriation in the amount of $ l38000 under All Others and another

7 new business unit account entitled Senate Leadership Account for the

8 appropriation in the amount of$138000 under All Others

9 (2) The presiding officer of each respective house or his lawfully

10 authorized designee shall be the expenditure authority and shall use such funds

II to support the operations and activities of the House of Representatives and

12 Senate in aceordance 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

16 the Legislative Bureau shall be the Director of the Legislative Bureau or his or her

17 lawfully authorized designee

18 (f) Northern Marianas Youth Congress The expenditure authority is vested in

19 the Director of the Legislative Bureau with tbe consultation of the Speaker of the

20 Northern Mariana Islands Youth Congress

21 Section 704 Executive Branch

25

HDl

PERSONNEL

8

13

14

42

96

485

20

21

22

24

25

26

27

28

29

30

31

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 SSl

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 OPERATIONS TOTAL

5 Office of Gov 140

6 Attorney General

7 Commerce 32

Comm amp Cult Affairs 88

9 Corrections

10 Finance 163

11 Labor 44

12 Lands amp Natural Res 98

Public Health

Public Safety 258

15 Public Works 129

16 Total 1575 $45120729 $14184384 $593651l3

17 Section 705 First Senatorial District - Rota

18 (a) There is hereby appropriated the following amounts to fund the personnel

19 and non-personnel expenses as listed below of the First Senatorial District

FfE PERSONNEL OPERATIONS TOTAL

Mayor 99

Municipal Conn II

23 Commerce (econ Dev) 8

CampCA ]0

Police (DPS) 34

Fire 12

Finance amp Actg 3

Revenue amp Tax 3

Customs 6

Procurement amp Supply 2

Labor 7

26

17-123 HDl

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

] 6

17

18

19

20

21

22

23

24

25

26

Agriculture

Historic Preservation

Lands Regisamp Survey

Fish amp Wildlife

Parks amp Recreation

Soil amp Water Consv

Rota Health Center

Dental Services

DPH Med Referral

Environmental Health

Public Works

Total

PUBLIC LAW NO 17-21

HOUSE BILL SSl

20

4

6

5

4

1

51

4

5

2

23

320 $5677593 $576487 $6256080

(b) The Rota Legislative Delegation shall determine by Local Delegation

Resolution the allocation of the funds appropriated for the First Senatorial District

(c) Except as provided in this section the Mayor of Rota shall have authority to

expend obligate encumber or otherwise eommit the funds appropriated to the First

Senatorial District Notwithstanding any law to the contrary the Mayor of Rota shall

have 100 reprogramming authority of the funds appropriated in this Act

Appropriations to the Municipal Council shall be divided and distributed equally to

each member of the Municipal Council Each Municipal Council member shall be the

expenditure authority of funds distributed to himlher Additionally in accord with the

Superior Courts decision in the case of Inos v Tenorio the Mayors shall also have

expenditure authority over resident government departments in the First and Second

senatorial districts respectively unless the Governor revokes expenditure authority in a

manner consistent with the Superior Courts holding in Inos v Tenorio to wit

expenditure authority over resident departments that are primarily concerned lith the

27

Aguiguan

17

PUBLIC LAW NO 17-21

BOUSE BILL 17-123 BDt SSt

I delivery of public services can be revoked only on a prior showing of just cause but

2 the Governor has discretion to revoke expenditure authority over those departments

3 that are primarily concerned with enforcing the law

4 (e) Rota Health Center Three hundred forty thousand ($34000000) from the

5 First Senatorial Districts budget appropriation is hereby allocated to pay for

6 professional services for nurses technicians and other medical and auxiliary

7 professionals as needed including one mental health counselor in the amount of Thirty

8 Three Thousand Dollars ($3300000)

9 (d) DPS Cadets One hundred seven thousand seven hundred eighty

10 ($10778000) from the First Senatorial Districts budget appropriation is hereby

11 allocated for five (5) Full Time Equivalents (FTEs) for the Rota Department of Public

12 Safety of the total 329 FTEs to fully fund the five (5) 2010 DPS Academy graduates

13 from the First District who shall be placed as FTEs within the Rota Department of

14 Public Safety Any shortfall for overtime retirement or benefits shall be borne by the

15 municipality

16 (e) Dentist Seventy-seven thousand two hundred dollars ($77200) from the

First Senatorial Districts budget appropriation is hereby allocated for one (1) Full

18 Time Equivalent (FTE) to hire a dentist

19 Section 706 Second Senatorial District - Tinian amp

20 (a) There is hereby appropriated the following amounts to fund the personnel

21 and non-personnel expenses of the Second Senatorial District as listed below

22 [j PERSONNEL OPERATIONS TOTAL

28

ACTIVITIES FTE OPERATIONS

5O97122 $79118379 84215501

CertificatiQn

Reporting Requirement

19

23

PUBLIC LAW NO 17-21

1 authorized by a legislative joint resolution in accordance with Section 7 Article X

2 of the NMI Constitution

3 PERSONNEL 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 ------bullbull -----

7 (d) Commonwealth Utilities COrPOration no submittal

8 (e) NM Housing Corporation 24 1110989 1113108 2224097

9 (I) NMI Ret Fund 27 1353669 76659330 78012999

10 (g) Office of the Public Auditor 30 1818525 755700 2574225

II (h) Public Utilities Commission 55553 137550 193103

12 Grand Total l2

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

IS indicated above

16 Section 302 Prior 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

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

Section 303 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

- IS -

HD1SSI

1

2

3

4

5 Management

6

7

8

9

10

11

12

13

14

15

16

17

18 Ceiling

19

20

21

22 Expenditure Authority

PUBLIC LAW NO 17-21

HOUSE BILL 17-123

for personnel and operations of each governnIent 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

CHAPTER IV ADMINISTRATION OF APPROPRIATED FUNDS

Section 401 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 of Finance 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

(a) Employment Ceilings Pursuant to Article X sect 7 of the

Commonwealth Constitution the employment ceilings are hereby established as

set forth herein

Section 404

- 16-

17-123 HD1

13

14

15

PUBLIC LAW NO 17-21

HOUSE BILL SS1

I (a) The distribution and expenditure of funds shall be in compliance with

2 the fiscal expenditure authority the listed agencies have pursuant to statute and the

3 administrative provisions of this Act as set forth herein

4 (b) Except as provided in this Act the funds appropriated pursuant to this

5 Act shall be expended by the respective expenditure authority pursuant to I CMC

6 sectsect 7401 and 7503

7 (c) For the Ground Water Management and Protection Act Fund

8 expenditure authority is vested in the Director of the Division of Environmental

9 Quality

10 (d) For all government agencies receiving appropriated funds for

11 personnel or staff housing administrative and expenditure authority over housing

12 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

16 in the Family Violence Task Force chairperson with concurrence of the Family

17 Violence Task Force coordinator

18 (1) For Crime Stoppers International the chairperson of the board of the

19 directors shall be the expenditure authority

20 (g) For Independent Programs unless othernise provided in this Act or in

21 any other provision of law expenditure authority shall be vested in the Secretary

22 of Finance

23 CHAPTER V REPROGRAMMING AUTHORITY

- 17 -

Reprogramming Authority

BDI

Hiring

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 SSI

I

2 this act authority to reprogram

3

4

5 Governor shall have 100 reprogramming authority on funds

6

7

8

9

10

11 funds federal law federal grant

12 prohibitions and deposit and other

13 security and the financing of public

14 projeets

15

16 of $7539509 included in the

17

18

19

20

21

Section SOl

(a) Unless otherwise specified in

appropriated funds shall be as provided under 1 CMC sectsect 7402 and 7504

(b) Provided however I CMC sectsect 7402 (b) is hereby suspended for the

period of this Act

appropriated under Section 704 of this Act

(c) Notwithstanding any law to the contrary the Governors authority to

reprogram funds under this section shall include the authority to reprogram funds

available to all public corporations agencies and entities of the Commonwealth

Government upon approval by joint approval of the legislature provided that such

are not restricted from reprogramming by

conditions Commonwealth constitutional

restrictions related to bond covenants

CHAPTER VI SUPPLEMENTAL ADMINISTRATIVE PROVISIONS

Section 601 Utilities The amount

Independent Programs shall be appropriated for the payment of utilities for the

branches departments and agencies of the Commonwealth government except

the business units listed in Section I03(b )(7) and the Public School System and

the Northern Marianas College

Section 602 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

- 18 -

17-123

Litigation Expenditures

PUBLIC LAW NO 17-21

BOUSE BILL BDI SSt

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

II forth in Section 704 are contingent on this section remaining in this Appropriation

12 Act

13 Section 603 Restricted

14 Except for the governor the attorney general the chief justice of the

IS 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 thcir authority The terms agency and agencies as used in this section shall be

- 19-

1

2

3

4

5

6

7

8

9

10

11 Legal Holidays

12

13

14

15

16

17

18

19

20

21

22

23

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 HDl SSt

liberally construed to include all instrumentalities and subdivisions of the

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

of Finance

Section 605

(a) The following laws and regulations providing for payment of legal

holidays are repealed during fiscal year 2011

ICMCsect312 andsect313

Title 10 NMIAC sectlO-1O-135G) (Excepted Service)

Title 10 NMIAC sect 1 0-202-346 (Civil Service Executive Branch)

Title 10 NMIAC sect10-30middot344 (Civil Service Judicial Branch)

Title 40 NMIAC sect40-40-425 (Commonwealth Ports Authority)

Title 60 NMIAC sect60-30l-444 (Public School System)

Title 100 NMIAC sect 100middot50-430 (Northern Marianas Housing

Corporation)

Title 120 NMIAC sect120-1Omiddot230 (Excepted Service) and

Title 130 NMIAC 130middot20-330 (Office of the Public Auditor)

- 20 -

17-123 HDl

In

PUBLIC LAW NO 17-21

regular salary

receive leave with pay

employees if they

Section 701

HOUSE BILL SSl

1 (b) Any employee required to work on a legal holiday shall be paid hislher

2

3 (c) From the legal holidays listed in I CMC sect311 the Governor may

4 select one or more legal holidays for fiscal year 2011 for which employees shall

5

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 have available funds in their personnel account

9 CHAPTER VII APPROPRIATIONS

10 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 of expenditure by

21 (I) A reduction in work hours

22 (2) A reduction in wages

23 (3) Furlough

- 21 -

$2934762 $388085

Legislative

$3322847

14

19 45

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 HDl SSl

I (4) A reduction in force

2 (5) A reduction in expenditures for all others or

3 (6) A combination of reductions under subsections (I) 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 acconnts 1 CMC sect7402(c) is

10 suspended for the period that this Act is in effect

II (f) Provided however that during the period of this Act no funds shall be

12 reprogrammed from non-personnel acconnts to personnel accounts to increase any

13 salaries from its current level

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 7959n

Superior Court 1714552 160961 1875513

20 Administration 13 295435 217240 512675

21 Law Revision Comm 5 132442 6245 138687

22 TOTAL 74

23 Section 703 Branch

22

17-123

20000 ll

954597

PUBLIC LAW NO 17-21

HOUSE BILL HDl SSI

1 (a) In accordance with Article II sectJ6(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 eontribution and non-personnel expenses as listed

4 below of the Legislative branch

5 FIE PERSONNEL OPERATIONS TOTAL

6 House Members Salary 20 954597

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

House Members Allocation

House Leadership Allocation

Senate

Senate Members Allocation

Senate Leadership Allocation

Legislative Bureau

CNMI Youth Congress

100 1700000 1700000

138000 138000

9 431141 431141

45 765000 765000

138000 138000

28 1274764 167000 1441764

1 2 67 1lltIT

TOTAL 203 $2681669 $2928000 $5609669

(b) Salaries of Legislative Members

( l) The amount appropriated under this section to the House of

Representatives under personnel shall be used to fund the salaries and

benefits of the members of the House of Representatives The expenditure

authority for the amounts appropriated shall be the Secretary of Finance

(2) The amount appropriated under this section to the Senate under

personnel shall be used to fund the salaries and benefits of the members of the

Senate The expenditure authority for the amounts appropriated shall be the

Secretary of Finance

(c) House Members Office Accounts and Employees

23

HDI

14

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 SSt

1 (I) The Department of Finance shall establish and assign a number to a

2 new business unit account entitled House Members Office Accounts for the

3 appropriation for House Members Allocation Another new business unit

4 account entitled Senate Members Office Accounts for the appropriation for

5 Senate Members Allocation Under each of these said accounts an equal

6 amount of the appropriation shall be alloeated to subac ount further established

7 thereunder for each member of the respective house for the operations of the

8 members office as permitted under section 16 of article II of the CNMI

9 Constitution applicable laws and the rules of the legislative body to which the

10 member was elected

II (2) Notwithstanding I CMC sect7401(c) to the contrary each member

12 shall be the expenditure authority of the funds allocated to their indi vidual sub-

13 account

(3) Funds allocated for the operation of the members office including

15 but not limited to the personnel costs of the members employees and

16 expenditures as authorized by the adopted rules of the Senate in the case of the

17 Senate member or the adopted rules of the House of Representatives in the case

18 of a House member such as a monthly stipend to defray travel and incidental

19 expenses for the purpose of attending to legislative business outside the

20 members senatorial district

21 (4) Allocation ofFTEs among House members shall be governed by the

22 rules of the House

24

13

14

15

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 HDI SSI

I (5) Allocation of FTEs among Senate members shall be governed by

2 the rules of the Senate

3 (d) Senate and House Leadership Accounts

4 (1) The Department of Finance shall establish and assign a number to

5 two new business unit accounts one entitled House Leadership Account for

6 the appropriation in the amount of $ l38000 under All Others and another

7 new business unit account entitled Senate Leadership Account for the

8 appropriation in the amount of$138000 under All Others

9 (2) The presiding officer of each respective house or his lawfully

10 authorized designee shall be the expenditure authority and shall use such funds

II to support the operations and activities of the House of Representatives and

12 Senate in aceordance 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

16 the Legislative Bureau shall be the Director of the Legislative Bureau or his or her

17 lawfully authorized designee

18 (f) Northern Marianas Youth Congress The expenditure authority is vested in

19 the Director of the Legislative Bureau with tbe consultation of the Speaker of the

20 Northern Mariana Islands Youth Congress

21 Section 704 Executive Branch

25

HDl

PERSONNEL

8

13

14

42

96

485

20

21

22

24

25

26

27

28

29

30

31

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 SSl

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 OPERATIONS TOTAL

5 Office of Gov 140

6 Attorney General

7 Commerce 32

Comm amp Cult Affairs 88

9 Corrections

10 Finance 163

11 Labor 44

12 Lands amp Natural Res 98

Public Health

Public Safety 258

15 Public Works 129

16 Total 1575 $45120729 $14184384 $593651l3

17 Section 705 First Senatorial District - Rota

18 (a) There is hereby appropriated the following amounts to fund the personnel

19 and non-personnel expenses as listed below of the First Senatorial District

FfE PERSONNEL OPERATIONS TOTAL

Mayor 99

Municipal Conn II

23 Commerce (econ Dev) 8

CampCA ]0

Police (DPS) 34

Fire 12

Finance amp Actg 3

Revenue amp Tax 3

Customs 6

Procurement amp Supply 2

Labor 7

26

17-123 HDl

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

] 6

17

18

19

20

21

22

23

24

25

26

Agriculture

Historic Preservation

Lands Regisamp Survey

Fish amp Wildlife

Parks amp Recreation

Soil amp Water Consv

Rota Health Center

Dental Services

DPH Med Referral

Environmental Health

Public Works

Total

PUBLIC LAW NO 17-21

HOUSE BILL SSl

20

4

6

5

4

1

51

4

5

2

23

320 $5677593 $576487 $6256080

(b) The Rota Legislative Delegation shall determine by Local Delegation

Resolution the allocation of the funds appropriated for the First Senatorial District

(c) Except as provided in this section the Mayor of Rota shall have authority to

expend obligate encumber or otherwise eommit the funds appropriated to the First

Senatorial District Notwithstanding any law to the contrary the Mayor of Rota shall

have 100 reprogramming authority of the funds appropriated in this Act

Appropriations to the Municipal Council shall be divided and distributed equally to

each member of the Municipal Council Each Municipal Council member shall be the

expenditure authority of funds distributed to himlher Additionally in accord with the

Superior Courts decision in the case of Inos v Tenorio the Mayors shall also have

expenditure authority over resident government departments in the First and Second

senatorial districts respectively unless the Governor revokes expenditure authority in a

manner consistent with the Superior Courts holding in Inos v Tenorio to wit

expenditure authority over resident departments that are primarily concerned lith the

27

Aguiguan

17

PUBLIC LAW NO 17-21

BOUSE BILL 17-123 BDt SSt

I delivery of public services can be revoked only on a prior showing of just cause but

2 the Governor has discretion to revoke expenditure authority over those departments

3 that are primarily concerned with enforcing the law

4 (e) Rota Health Center Three hundred forty thousand ($34000000) from the

5 First Senatorial Districts budget appropriation is hereby allocated to pay for

6 professional services for nurses technicians and other medical and auxiliary

7 professionals as needed including one mental health counselor in the amount of Thirty

8 Three Thousand Dollars ($3300000)

9 (d) DPS Cadets One hundred seven thousand seven hundred eighty

10 ($10778000) from the First Senatorial Districts budget appropriation is hereby

11 allocated for five (5) Full Time Equivalents (FTEs) for the Rota Department of Public

12 Safety of the total 329 FTEs to fully fund the five (5) 2010 DPS Academy graduates

13 from the First District who shall be placed as FTEs within the Rota Department of

14 Public Safety Any shortfall for overtime retirement or benefits shall be borne by the

15 municipality

16 (e) Dentist Seventy-seven thousand two hundred dollars ($77200) from the

First Senatorial Districts budget appropriation is hereby allocated for one (1) Full

18 Time Equivalent (FTE) to hire a dentist

19 Section 706 Second Senatorial District - Tinian amp

20 (a) There is hereby appropriated the following amounts to fund the personnel

21 and non-personnel expenses of the Second Senatorial District as listed below

22 [j PERSONNEL OPERATIONS TOTAL

28

HD1SSI

1

2

3

4

5 Management

6

7

8

9

10

11

12

13

14

15

16

17

18 Ceiling

19

20

21

22 Expenditure Authority

PUBLIC LAW NO 17-21

HOUSE BILL 17-123

for personnel and operations of each governnIent 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

CHAPTER IV ADMINISTRATION OF APPROPRIATED FUNDS

Section 401 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 of Finance 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

(a) Employment Ceilings Pursuant to Article X sect 7 of the

Commonwealth Constitution the employment ceilings are hereby established as

set forth herein

Section 404

- 16-

17-123 HD1

13

14

15

PUBLIC LAW NO 17-21

HOUSE BILL SS1

I (a) The distribution and expenditure of funds shall be in compliance with

2 the fiscal expenditure authority the listed agencies have pursuant to statute and the

3 administrative provisions of this Act as set forth herein

4 (b) Except as provided in this Act the funds appropriated pursuant to this

5 Act shall be expended by the respective expenditure authority pursuant to I CMC

6 sectsect 7401 and 7503

7 (c) For the Ground Water Management and Protection Act Fund

8 expenditure authority is vested in the Director of the Division of Environmental

9 Quality

10 (d) For all government agencies receiving appropriated funds for

11 personnel or staff housing administrative and expenditure authority over housing

12 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

16 in the Family Violence Task Force chairperson with concurrence of the Family

17 Violence Task Force coordinator

18 (1) For Crime Stoppers International the chairperson of the board of the

19 directors shall be the expenditure authority

20 (g) For Independent Programs unless othernise provided in this Act or in

21 any other provision of law expenditure authority shall be vested in the Secretary

22 of Finance

23 CHAPTER V REPROGRAMMING AUTHORITY

- 17 -

Reprogramming Authority

BDI

Hiring

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 SSI

I

2 this act authority to reprogram

3

4

5 Governor shall have 100 reprogramming authority on funds

6

7

8

9

10

11 funds federal law federal grant

12 prohibitions and deposit and other

13 security and the financing of public

14 projeets

15

16 of $7539509 included in the

17

18

19

20

21

Section SOl

(a) Unless otherwise specified in

appropriated funds shall be as provided under 1 CMC sectsect 7402 and 7504

(b) Provided however I CMC sectsect 7402 (b) is hereby suspended for the

period of this Act

appropriated under Section 704 of this Act

(c) Notwithstanding any law to the contrary the Governors authority to

reprogram funds under this section shall include the authority to reprogram funds

available to all public corporations agencies and entities of the Commonwealth

Government upon approval by joint approval of the legislature provided that such

are not restricted from reprogramming by

conditions Commonwealth constitutional

restrictions related to bond covenants

CHAPTER VI SUPPLEMENTAL ADMINISTRATIVE PROVISIONS

Section 601 Utilities The amount

Independent Programs shall be appropriated for the payment of utilities for the

branches departments and agencies of the Commonwealth government except

the business units listed in Section I03(b )(7) and the Public School System and

the Northern Marianas College

Section 602 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

- 18 -

17-123

Litigation Expenditures

PUBLIC LAW NO 17-21

BOUSE BILL BDI SSt

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

II forth in Section 704 are contingent on this section remaining in this Appropriation

12 Act

13 Section 603 Restricted

14 Except for the governor the attorney general the chief justice of the

IS 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 thcir authority The terms agency and agencies as used in this section shall be

- 19-

1

2

3

4

5

6

7

8

9

10

11 Legal Holidays

12

13

14

15

16

17

18

19

20

21

22

23

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 HDl SSt

liberally construed to include all instrumentalities and subdivisions of the

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

of Finance

Section 605

(a) The following laws and regulations providing for payment of legal

holidays are repealed during fiscal year 2011

ICMCsect312 andsect313

Title 10 NMIAC sectlO-1O-135G) (Excepted Service)

Title 10 NMIAC sect 1 0-202-346 (Civil Service Executive Branch)

Title 10 NMIAC sect10-30middot344 (Civil Service Judicial Branch)

Title 40 NMIAC sect40-40-425 (Commonwealth Ports Authority)

Title 60 NMIAC sect60-30l-444 (Public School System)

Title 100 NMIAC sect 100middot50-430 (Northern Marianas Housing

Corporation)

Title 120 NMIAC sect120-1Omiddot230 (Excepted Service) and

Title 130 NMIAC 130middot20-330 (Office of the Public Auditor)

- 20 -

17-123 HDl

In

PUBLIC LAW NO 17-21

regular salary

receive leave with pay

employees if they

Section 701

HOUSE BILL SSl

1 (b) Any employee required to work on a legal holiday shall be paid hislher

2

3 (c) From the legal holidays listed in I CMC sect311 the Governor may

4 select one or more legal holidays for fiscal year 2011 for which employees shall

5

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 have available funds in their personnel account

9 CHAPTER VII APPROPRIATIONS

10 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 of expenditure by

21 (I) A reduction in work hours

22 (2) A reduction in wages

23 (3) Furlough

- 21 -

$2934762 $388085

Legislative

$3322847

14

19 45

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 HDl SSl

I (4) A reduction in force

2 (5) A reduction in expenditures for all others or

3 (6) A combination of reductions under subsections (I) 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 acconnts 1 CMC sect7402(c) is

10 suspended for the period that this Act is in effect

II (f) Provided however that during the period of this Act no funds shall be

12 reprogrammed from non-personnel acconnts to personnel accounts to increase any

13 salaries from its current level

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 7959n

Superior Court 1714552 160961 1875513

20 Administration 13 295435 217240 512675

21 Law Revision Comm 5 132442 6245 138687

22 TOTAL 74

23 Section 703 Branch

22

17-123

20000 ll

954597

PUBLIC LAW NO 17-21

HOUSE BILL HDl SSI

1 (a) In accordance with Article II sectJ6(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 eontribution and non-personnel expenses as listed

4 below of the Legislative branch

5 FIE PERSONNEL OPERATIONS TOTAL

6 House Members Salary 20 954597

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

House Members Allocation

House Leadership Allocation

Senate

Senate Members Allocation

Senate Leadership Allocation

Legislative Bureau

CNMI Youth Congress

100 1700000 1700000

138000 138000

9 431141 431141

45 765000 765000

138000 138000

28 1274764 167000 1441764

1 2 67 1lltIT

TOTAL 203 $2681669 $2928000 $5609669

(b) Salaries of Legislative Members

( l) The amount appropriated under this section to the House of

Representatives under personnel shall be used to fund the salaries and

benefits of the members of the House of Representatives The expenditure

authority for the amounts appropriated shall be the Secretary of Finance

(2) The amount appropriated under this section to the Senate under

personnel shall be used to fund the salaries and benefits of the members of the

Senate The expenditure authority for the amounts appropriated shall be the

Secretary of Finance

(c) House Members Office Accounts and Employees

23

HDI

14

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 SSt

1 (I) The Department of Finance shall establish and assign a number to a

2 new business unit account entitled House Members Office Accounts for the

3 appropriation for House Members Allocation Another new business unit

4 account entitled Senate Members Office Accounts for the appropriation for

5 Senate Members Allocation Under each of these said accounts an equal

6 amount of the appropriation shall be alloeated to subac ount further established

7 thereunder for each member of the respective house for the operations of the

8 members office as permitted under section 16 of article II of the CNMI

9 Constitution applicable laws and the rules of the legislative body to which the

10 member was elected

II (2) Notwithstanding I CMC sect7401(c) to the contrary each member

12 shall be the expenditure authority of the funds allocated to their indi vidual sub-

13 account

(3) Funds allocated for the operation of the members office including

15 but not limited to the personnel costs of the members employees and

16 expenditures as authorized by the adopted rules of the Senate in the case of the

17 Senate member or the adopted rules of the House of Representatives in the case

18 of a House member such as a monthly stipend to defray travel and incidental

19 expenses for the purpose of attending to legislative business outside the

20 members senatorial district

21 (4) Allocation ofFTEs among House members shall be governed by the

22 rules of the House

24

13

14

15

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 HDI SSI

I (5) Allocation of FTEs among Senate members shall be governed by

2 the rules of the Senate

3 (d) Senate and House Leadership Accounts

4 (1) The Department of Finance shall establish and assign a number to

5 two new business unit accounts one entitled House Leadership Account for

6 the appropriation in the amount of $ l38000 under All Others and another

7 new business unit account entitled Senate Leadership Account for the

8 appropriation in the amount of$138000 under All Others

9 (2) The presiding officer of each respective house or his lawfully

10 authorized designee shall be the expenditure authority and shall use such funds

II to support the operations and activities of the House of Representatives and

12 Senate in aceordance 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

16 the Legislative Bureau shall be the Director of the Legislative Bureau or his or her

17 lawfully authorized designee

18 (f) Northern Marianas Youth Congress The expenditure authority is vested in

19 the Director of the Legislative Bureau with tbe consultation of the Speaker of the

20 Northern Mariana Islands Youth Congress

21 Section 704 Executive Branch

25

HDl

PERSONNEL

8

13

14

42

96

485

20

21

22

24

25

26

27

28

29

30

31

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 SSl

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 OPERATIONS TOTAL

5 Office of Gov 140

6 Attorney General

7 Commerce 32

Comm amp Cult Affairs 88

9 Corrections

10 Finance 163

11 Labor 44

12 Lands amp Natural Res 98

Public Health

Public Safety 258

15 Public Works 129

16 Total 1575 $45120729 $14184384 $593651l3

17 Section 705 First Senatorial District - Rota

18 (a) There is hereby appropriated the following amounts to fund the personnel

19 and non-personnel expenses as listed below of the First Senatorial District

FfE PERSONNEL OPERATIONS TOTAL

Mayor 99

Municipal Conn II

23 Commerce (econ Dev) 8

CampCA ]0

Police (DPS) 34

Fire 12

Finance amp Actg 3

Revenue amp Tax 3

Customs 6

Procurement amp Supply 2

Labor 7

26

17-123 HDl

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

] 6

17

18

19

20

21

22

23

24

25

26

Agriculture

Historic Preservation

Lands Regisamp Survey

Fish amp Wildlife

Parks amp Recreation

Soil amp Water Consv

Rota Health Center

Dental Services

DPH Med Referral

Environmental Health

Public Works

Total

PUBLIC LAW NO 17-21

HOUSE BILL SSl

20

4

6

5

4

1

51

4

5

2

23

320 $5677593 $576487 $6256080

(b) The Rota Legislative Delegation shall determine by Local Delegation

Resolution the allocation of the funds appropriated for the First Senatorial District

(c) Except as provided in this section the Mayor of Rota shall have authority to

expend obligate encumber or otherwise eommit the funds appropriated to the First

Senatorial District Notwithstanding any law to the contrary the Mayor of Rota shall

have 100 reprogramming authority of the funds appropriated in this Act

Appropriations to the Municipal Council shall be divided and distributed equally to

each member of the Municipal Council Each Municipal Council member shall be the

expenditure authority of funds distributed to himlher Additionally in accord with the

Superior Courts decision in the case of Inos v Tenorio the Mayors shall also have

expenditure authority over resident government departments in the First and Second

senatorial districts respectively unless the Governor revokes expenditure authority in a

manner consistent with the Superior Courts holding in Inos v Tenorio to wit

expenditure authority over resident departments that are primarily concerned lith the

27

Aguiguan

17

PUBLIC LAW NO 17-21

BOUSE BILL 17-123 BDt SSt

I delivery of public services can be revoked only on a prior showing of just cause but

2 the Governor has discretion to revoke expenditure authority over those departments

3 that are primarily concerned with enforcing the law

4 (e) Rota Health Center Three hundred forty thousand ($34000000) from the

5 First Senatorial Districts budget appropriation is hereby allocated to pay for

6 professional services for nurses technicians and other medical and auxiliary

7 professionals as needed including one mental health counselor in the amount of Thirty

8 Three Thousand Dollars ($3300000)

9 (d) DPS Cadets One hundred seven thousand seven hundred eighty

10 ($10778000) from the First Senatorial Districts budget appropriation is hereby

11 allocated for five (5) Full Time Equivalents (FTEs) for the Rota Department of Public

12 Safety of the total 329 FTEs to fully fund the five (5) 2010 DPS Academy graduates

13 from the First District who shall be placed as FTEs within the Rota Department of

14 Public Safety Any shortfall for overtime retirement or benefits shall be borne by the

15 municipality

16 (e) Dentist Seventy-seven thousand two hundred dollars ($77200) from the

First Senatorial Districts budget appropriation is hereby allocated for one (1) Full

18 Time Equivalent (FTE) to hire a dentist

19 Section 706 Second Senatorial District - Tinian amp

20 (a) There is hereby appropriated the following amounts to fund the personnel

21 and non-personnel expenses of the Second Senatorial District as listed below

22 [j PERSONNEL OPERATIONS TOTAL

28

17-123 HD1

13

14

15

PUBLIC LAW NO 17-21

HOUSE BILL SS1

I (a) The distribution and expenditure of funds shall be in compliance with

2 the fiscal expenditure authority the listed agencies have pursuant to statute and the

3 administrative provisions of this Act as set forth herein

4 (b) Except as provided in this Act the funds appropriated pursuant to this

5 Act shall be expended by the respective expenditure authority pursuant to I CMC

6 sectsect 7401 and 7503

7 (c) For the Ground Water Management and Protection Act Fund

8 expenditure authority is vested in the Director of the Division of Environmental

9 Quality

10 (d) For all government agencies receiving appropriated funds for

11 personnel or staff housing administrative and expenditure authority over housing

12 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

16 in the Family Violence Task Force chairperson with concurrence of the Family

17 Violence Task Force coordinator

18 (1) For Crime Stoppers International the chairperson of the board of the

19 directors shall be the expenditure authority

20 (g) For Independent Programs unless othernise provided in this Act or in

21 any other provision of law expenditure authority shall be vested in the Secretary

22 of Finance

23 CHAPTER V REPROGRAMMING AUTHORITY

- 17 -

Reprogramming Authority

BDI

Hiring

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 SSI

I

2 this act authority to reprogram

3

4

5 Governor shall have 100 reprogramming authority on funds

6

7

8

9

10

11 funds federal law federal grant

12 prohibitions and deposit and other

13 security and the financing of public

14 projeets

15

16 of $7539509 included in the

17

18

19

20

21

Section SOl

(a) Unless otherwise specified in

appropriated funds shall be as provided under 1 CMC sectsect 7402 and 7504

(b) Provided however I CMC sectsect 7402 (b) is hereby suspended for the

period of this Act

appropriated under Section 704 of this Act

(c) Notwithstanding any law to the contrary the Governors authority to

reprogram funds under this section shall include the authority to reprogram funds

available to all public corporations agencies and entities of the Commonwealth

Government upon approval by joint approval of the legislature provided that such

are not restricted from reprogramming by

conditions Commonwealth constitutional

restrictions related to bond covenants

CHAPTER VI SUPPLEMENTAL ADMINISTRATIVE PROVISIONS

Section 601 Utilities The amount

Independent Programs shall be appropriated for the payment of utilities for the

branches departments and agencies of the Commonwealth government except

the business units listed in Section I03(b )(7) and the Public School System and

the Northern Marianas College

Section 602 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

- 18 -

17-123

Litigation Expenditures

PUBLIC LAW NO 17-21

BOUSE BILL BDI SSt

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

II forth in Section 704 are contingent on this section remaining in this Appropriation

12 Act

13 Section 603 Restricted

14 Except for the governor the attorney general the chief justice of the

IS 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 thcir authority The terms agency and agencies as used in this section shall be

- 19-

1

2

3

4

5

6

7

8

9

10

11 Legal Holidays

12

13

14

15

16

17

18

19

20

21

22

23

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 HDl SSt

liberally construed to include all instrumentalities and subdivisions of the

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

of Finance

Section 605

(a) The following laws and regulations providing for payment of legal

holidays are repealed during fiscal year 2011

ICMCsect312 andsect313

Title 10 NMIAC sectlO-1O-135G) (Excepted Service)

Title 10 NMIAC sect 1 0-202-346 (Civil Service Executive Branch)

Title 10 NMIAC sect10-30middot344 (Civil Service Judicial Branch)

Title 40 NMIAC sect40-40-425 (Commonwealth Ports Authority)

Title 60 NMIAC sect60-30l-444 (Public School System)

Title 100 NMIAC sect 100middot50-430 (Northern Marianas Housing

Corporation)

Title 120 NMIAC sect120-1Omiddot230 (Excepted Service) and

Title 130 NMIAC 130middot20-330 (Office of the Public Auditor)

- 20 -

17-123 HDl

In

PUBLIC LAW NO 17-21

regular salary

receive leave with pay

employees if they

Section 701

HOUSE BILL SSl

1 (b) Any employee required to work on a legal holiday shall be paid hislher

2

3 (c) From the legal holidays listed in I CMC sect311 the Governor may

4 select one or more legal holidays for fiscal year 2011 for which employees shall

5

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 have available funds in their personnel account

9 CHAPTER VII APPROPRIATIONS

10 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 of expenditure by

21 (I) A reduction in work hours

22 (2) A reduction in wages

23 (3) Furlough

- 21 -

$2934762 $388085

Legislative

$3322847

14

19 45

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 HDl SSl

I (4) A reduction in force

2 (5) A reduction in expenditures for all others or

3 (6) A combination of reductions under subsections (I) 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 acconnts 1 CMC sect7402(c) is

10 suspended for the period that this Act is in effect

II (f) Provided however that during the period of this Act no funds shall be

12 reprogrammed from non-personnel acconnts to personnel accounts to increase any

13 salaries from its current level

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 7959n

Superior Court 1714552 160961 1875513

20 Administration 13 295435 217240 512675

21 Law Revision Comm 5 132442 6245 138687

22 TOTAL 74

23 Section 703 Branch

22

17-123

20000 ll

954597

PUBLIC LAW NO 17-21

HOUSE BILL HDl SSI

1 (a) In accordance with Article II sectJ6(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 eontribution and non-personnel expenses as listed

4 below of the Legislative branch

5 FIE PERSONNEL OPERATIONS TOTAL

6 House Members Salary 20 954597

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

House Members Allocation

House Leadership Allocation

Senate

Senate Members Allocation

Senate Leadership Allocation

Legislative Bureau

CNMI Youth Congress

100 1700000 1700000

138000 138000

9 431141 431141

45 765000 765000

138000 138000

28 1274764 167000 1441764

1 2 67 1lltIT

TOTAL 203 $2681669 $2928000 $5609669

(b) Salaries of Legislative Members

( l) The amount appropriated under this section to the House of

Representatives under personnel shall be used to fund the salaries and

benefits of the members of the House of Representatives The expenditure

authority for the amounts appropriated shall be the Secretary of Finance

(2) The amount appropriated under this section to the Senate under

personnel shall be used to fund the salaries and benefits of the members of the

Senate The expenditure authority for the amounts appropriated shall be the

Secretary of Finance

(c) House Members Office Accounts and Employees

23

HDI

14

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 SSt

1 (I) The Department of Finance shall establish and assign a number to a

2 new business unit account entitled House Members Office Accounts for the

3 appropriation for House Members Allocation Another new business unit

4 account entitled Senate Members Office Accounts for the appropriation for

5 Senate Members Allocation Under each of these said accounts an equal

6 amount of the appropriation shall be alloeated to subac ount further established

7 thereunder for each member of the respective house for the operations of the

8 members office as permitted under section 16 of article II of the CNMI

9 Constitution applicable laws and the rules of the legislative body to which the

10 member was elected

II (2) Notwithstanding I CMC sect7401(c) to the contrary each member

12 shall be the expenditure authority of the funds allocated to their indi vidual sub-

13 account

(3) Funds allocated for the operation of the members office including

15 but not limited to the personnel costs of the members employees and

16 expenditures as authorized by the adopted rules of the Senate in the case of the

17 Senate member or the adopted rules of the House of Representatives in the case

18 of a House member such as a monthly stipend to defray travel and incidental

19 expenses for the purpose of attending to legislative business outside the

20 members senatorial district

21 (4) Allocation ofFTEs among House members shall be governed by the

22 rules of the House

24

13

14

15

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 HDI SSI

I (5) Allocation of FTEs among Senate members shall be governed by

2 the rules of the Senate

3 (d) Senate and House Leadership Accounts

4 (1) The Department of Finance shall establish and assign a number to

5 two new business unit accounts one entitled House Leadership Account for

6 the appropriation in the amount of $ l38000 under All Others and another

7 new business unit account entitled Senate Leadership Account for the

8 appropriation in the amount of$138000 under All Others

9 (2) The presiding officer of each respective house or his lawfully

10 authorized designee shall be the expenditure authority and shall use such funds

II to support the operations and activities of the House of Representatives and

12 Senate in aceordance 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

16 the Legislative Bureau shall be the Director of the Legislative Bureau or his or her

17 lawfully authorized designee

18 (f) Northern Marianas Youth Congress The expenditure authority is vested in

19 the Director of the Legislative Bureau with tbe consultation of the Speaker of the

20 Northern Mariana Islands Youth Congress

21 Section 704 Executive Branch

25

HDl

PERSONNEL

8

13

14

42

96

485

20

21

22

24

25

26

27

28

29

30

31

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 SSl

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 OPERATIONS TOTAL

5 Office of Gov 140

6 Attorney General

7 Commerce 32

Comm amp Cult Affairs 88

9 Corrections

10 Finance 163

11 Labor 44

12 Lands amp Natural Res 98

Public Health

Public Safety 258

15 Public Works 129

16 Total 1575 $45120729 $14184384 $593651l3

17 Section 705 First Senatorial District - Rota

18 (a) There is hereby appropriated the following amounts to fund the personnel

19 and non-personnel expenses as listed below of the First Senatorial District

FfE PERSONNEL OPERATIONS TOTAL

Mayor 99

Municipal Conn II

23 Commerce (econ Dev) 8

CampCA ]0

Police (DPS) 34

Fire 12

Finance amp Actg 3

Revenue amp Tax 3

Customs 6

Procurement amp Supply 2

Labor 7

26

17-123 HDl

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

] 6

17

18

19

20

21

22

23

24

25

26

Agriculture

Historic Preservation

Lands Regisamp Survey

Fish amp Wildlife

Parks amp Recreation

Soil amp Water Consv

Rota Health Center

Dental Services

DPH Med Referral

Environmental Health

Public Works

Total

PUBLIC LAW NO 17-21

HOUSE BILL SSl

20

4

6

5

4

1

51

4

5

2

23

320 $5677593 $576487 $6256080

(b) The Rota Legislative Delegation shall determine by Local Delegation

Resolution the allocation of the funds appropriated for the First Senatorial District

(c) Except as provided in this section the Mayor of Rota shall have authority to

expend obligate encumber or otherwise eommit the funds appropriated to the First

Senatorial District Notwithstanding any law to the contrary the Mayor of Rota shall

have 100 reprogramming authority of the funds appropriated in this Act

Appropriations to the Municipal Council shall be divided and distributed equally to

each member of the Municipal Council Each Municipal Council member shall be the

expenditure authority of funds distributed to himlher Additionally in accord with the

Superior Courts decision in the case of Inos v Tenorio the Mayors shall also have

expenditure authority over resident government departments in the First and Second

senatorial districts respectively unless the Governor revokes expenditure authority in a

manner consistent with the Superior Courts holding in Inos v Tenorio to wit

expenditure authority over resident departments that are primarily concerned lith the

27

Aguiguan

17

PUBLIC LAW NO 17-21

BOUSE BILL 17-123 BDt SSt

I delivery of public services can be revoked only on a prior showing of just cause but

2 the Governor has discretion to revoke expenditure authority over those departments

3 that are primarily concerned with enforcing the law

4 (e) Rota Health Center Three hundred forty thousand ($34000000) from the

5 First Senatorial Districts budget appropriation is hereby allocated to pay for

6 professional services for nurses technicians and other medical and auxiliary

7 professionals as needed including one mental health counselor in the amount of Thirty

8 Three Thousand Dollars ($3300000)

9 (d) DPS Cadets One hundred seven thousand seven hundred eighty

10 ($10778000) from the First Senatorial Districts budget appropriation is hereby

11 allocated for five (5) Full Time Equivalents (FTEs) for the Rota Department of Public

12 Safety of the total 329 FTEs to fully fund the five (5) 2010 DPS Academy graduates

13 from the First District who shall be placed as FTEs within the Rota Department of

14 Public Safety Any shortfall for overtime retirement or benefits shall be borne by the

15 municipality

16 (e) Dentist Seventy-seven thousand two hundred dollars ($77200) from the

First Senatorial Districts budget appropriation is hereby allocated for one (1) Full

18 Time Equivalent (FTE) to hire a dentist

19 Section 706 Second Senatorial District - Tinian amp

20 (a) There is hereby appropriated the following amounts to fund the personnel

21 and non-personnel expenses of the Second Senatorial District as listed below

22 [j PERSONNEL OPERATIONS TOTAL

28

Reprogramming Authority

BDI

Hiring

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 SSI

I

2 this act authority to reprogram

3

4

5 Governor shall have 100 reprogramming authority on funds

6

7

8

9

10

11 funds federal law federal grant

12 prohibitions and deposit and other

13 security and the financing of public

14 projeets

15

16 of $7539509 included in the

17

18

19

20

21

Section SOl

(a) Unless otherwise specified in

appropriated funds shall be as provided under 1 CMC sectsect 7402 and 7504

(b) Provided however I CMC sectsect 7402 (b) is hereby suspended for the

period of this Act

appropriated under Section 704 of this Act

(c) Notwithstanding any law to the contrary the Governors authority to

reprogram funds under this section shall include the authority to reprogram funds

available to all public corporations agencies and entities of the Commonwealth

Government upon approval by joint approval of the legislature provided that such

are not restricted from reprogramming by

conditions Commonwealth constitutional

restrictions related to bond covenants

CHAPTER VI SUPPLEMENTAL ADMINISTRATIVE PROVISIONS

Section 601 Utilities The amount

Independent Programs shall be appropriated for the payment of utilities for the

branches departments and agencies of the Commonwealth government except

the business units listed in Section I03(b )(7) and the Public School System and

the Northern Marianas College

Section 602 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

- 18 -

17-123

Litigation Expenditures

PUBLIC LAW NO 17-21

BOUSE BILL BDI SSt

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

II forth in Section 704 are contingent on this section remaining in this Appropriation

12 Act

13 Section 603 Restricted

14 Except for the governor the attorney general the chief justice of the

IS 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 thcir authority The terms agency and agencies as used in this section shall be

- 19-

1

2

3

4

5

6

7

8

9

10

11 Legal Holidays

12

13

14

15

16

17

18

19

20

21

22

23

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 HDl SSt

liberally construed to include all instrumentalities and subdivisions of the

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

of Finance

Section 605

(a) The following laws and regulations providing for payment of legal

holidays are repealed during fiscal year 2011

ICMCsect312 andsect313

Title 10 NMIAC sectlO-1O-135G) (Excepted Service)

Title 10 NMIAC sect 1 0-202-346 (Civil Service Executive Branch)

Title 10 NMIAC sect10-30middot344 (Civil Service Judicial Branch)

Title 40 NMIAC sect40-40-425 (Commonwealth Ports Authority)

Title 60 NMIAC sect60-30l-444 (Public School System)

Title 100 NMIAC sect 100middot50-430 (Northern Marianas Housing

Corporation)

Title 120 NMIAC sect120-1Omiddot230 (Excepted Service) and

Title 130 NMIAC 130middot20-330 (Office of the Public Auditor)

- 20 -

17-123 HDl

In

PUBLIC LAW NO 17-21

regular salary

receive leave with pay

employees if they

Section 701

HOUSE BILL SSl

1 (b) Any employee required to work on a legal holiday shall be paid hislher

2

3 (c) From the legal holidays listed in I CMC sect311 the Governor may

4 select one or more legal holidays for fiscal year 2011 for which employees shall

5

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 have available funds in their personnel account

9 CHAPTER VII APPROPRIATIONS

10 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 of expenditure by

21 (I) A reduction in work hours

22 (2) A reduction in wages

23 (3) Furlough

- 21 -

$2934762 $388085

Legislative

$3322847

14

19 45

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 HDl SSl

I (4) A reduction in force

2 (5) A reduction in expenditures for all others or

3 (6) A combination of reductions under subsections (I) 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 acconnts 1 CMC sect7402(c) is

10 suspended for the period that this Act is in effect

II (f) Provided however that during the period of this Act no funds shall be

12 reprogrammed from non-personnel acconnts to personnel accounts to increase any

13 salaries from its current level

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 7959n

Superior Court 1714552 160961 1875513

20 Administration 13 295435 217240 512675

21 Law Revision Comm 5 132442 6245 138687

22 TOTAL 74

23 Section 703 Branch

22

17-123

20000 ll

954597

PUBLIC LAW NO 17-21

HOUSE BILL HDl SSI

1 (a) In accordance with Article II sectJ6(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 eontribution and non-personnel expenses as listed

4 below of the Legislative branch

5 FIE PERSONNEL OPERATIONS TOTAL

6 House Members Salary 20 954597

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

House Members Allocation

House Leadership Allocation

Senate

Senate Members Allocation

Senate Leadership Allocation

Legislative Bureau

CNMI Youth Congress

100 1700000 1700000

138000 138000

9 431141 431141

45 765000 765000

138000 138000

28 1274764 167000 1441764

1 2 67 1lltIT

TOTAL 203 $2681669 $2928000 $5609669

(b) Salaries of Legislative Members

( l) The amount appropriated under this section to the House of

Representatives under personnel shall be used to fund the salaries and

benefits of the members of the House of Representatives The expenditure

authority for the amounts appropriated shall be the Secretary of Finance

(2) The amount appropriated under this section to the Senate under

personnel shall be used to fund the salaries and benefits of the members of the

Senate The expenditure authority for the amounts appropriated shall be the

Secretary of Finance

(c) House Members Office Accounts and Employees

23

HDI

14

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 SSt

1 (I) The Department of Finance shall establish and assign a number to a

2 new business unit account entitled House Members Office Accounts for the

3 appropriation for House Members Allocation Another new business unit

4 account entitled Senate Members Office Accounts for the appropriation for

5 Senate Members Allocation Under each of these said accounts an equal

6 amount of the appropriation shall be alloeated to subac ount further established

7 thereunder for each member of the respective house for the operations of the

8 members office as permitted under section 16 of article II of the CNMI

9 Constitution applicable laws and the rules of the legislative body to which the

10 member was elected

II (2) Notwithstanding I CMC sect7401(c) to the contrary each member

12 shall be the expenditure authority of the funds allocated to their indi vidual sub-

13 account

(3) Funds allocated for the operation of the members office including

15 but not limited to the personnel costs of the members employees and

16 expenditures as authorized by the adopted rules of the Senate in the case of the

17 Senate member or the adopted rules of the House of Representatives in the case

18 of a House member such as a monthly stipend to defray travel and incidental

19 expenses for the purpose of attending to legislative business outside the

20 members senatorial district

21 (4) Allocation ofFTEs among House members shall be governed by the

22 rules of the House

24

13

14

15

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 HDI SSI

I (5) Allocation of FTEs among Senate members shall be governed by

2 the rules of the Senate

3 (d) Senate and House Leadership Accounts

4 (1) The Department of Finance shall establish and assign a number to

5 two new business unit accounts one entitled House Leadership Account for

6 the appropriation in the amount of $ l38000 under All Others and another

7 new business unit account entitled Senate Leadership Account for the

8 appropriation in the amount of$138000 under All Others

9 (2) The presiding officer of each respective house or his lawfully

10 authorized designee shall be the expenditure authority and shall use such funds

II to support the operations and activities of the House of Representatives and

12 Senate in aceordance 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

16 the Legislative Bureau shall be the Director of the Legislative Bureau or his or her

17 lawfully authorized designee

18 (f) Northern Marianas Youth Congress The expenditure authority is vested in

19 the Director of the Legislative Bureau with tbe consultation of the Speaker of the

20 Northern Mariana Islands Youth Congress

21 Section 704 Executive Branch

25

HDl

PERSONNEL

8

13

14

42

96

485

20

21

22

24

25

26

27

28

29

30

31

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 SSl

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 OPERATIONS TOTAL

5 Office of Gov 140

6 Attorney General

7 Commerce 32

Comm amp Cult Affairs 88

9 Corrections

10 Finance 163

11 Labor 44

12 Lands amp Natural Res 98

Public Health

Public Safety 258

15 Public Works 129

16 Total 1575 $45120729 $14184384 $593651l3

17 Section 705 First Senatorial District - Rota

18 (a) There is hereby appropriated the following amounts to fund the personnel

19 and non-personnel expenses as listed below of the First Senatorial District

FfE PERSONNEL OPERATIONS TOTAL

Mayor 99

Municipal Conn II

23 Commerce (econ Dev) 8

CampCA ]0

Police (DPS) 34

Fire 12

Finance amp Actg 3

Revenue amp Tax 3

Customs 6

Procurement amp Supply 2

Labor 7

26

17-123 HDl

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

] 6

17

18

19

20

21

22

23

24

25

26

Agriculture

Historic Preservation

Lands Regisamp Survey

Fish amp Wildlife

Parks amp Recreation

Soil amp Water Consv

Rota Health Center

Dental Services

DPH Med Referral

Environmental Health

Public Works

Total

PUBLIC LAW NO 17-21

HOUSE BILL SSl

20

4

6

5

4

1

51

4

5

2

23

320 $5677593 $576487 $6256080

(b) The Rota Legislative Delegation shall determine by Local Delegation

Resolution the allocation of the funds appropriated for the First Senatorial District

(c) Except as provided in this section the Mayor of Rota shall have authority to

expend obligate encumber or otherwise eommit the funds appropriated to the First

Senatorial District Notwithstanding any law to the contrary the Mayor of Rota shall

have 100 reprogramming authority of the funds appropriated in this Act

Appropriations to the Municipal Council shall be divided and distributed equally to

each member of the Municipal Council Each Municipal Council member shall be the

expenditure authority of funds distributed to himlher Additionally in accord with the

Superior Courts decision in the case of Inos v Tenorio the Mayors shall also have

expenditure authority over resident government departments in the First and Second

senatorial districts respectively unless the Governor revokes expenditure authority in a

manner consistent with the Superior Courts holding in Inos v Tenorio to wit

expenditure authority over resident departments that are primarily concerned lith the

27

Aguiguan

17

PUBLIC LAW NO 17-21

BOUSE BILL 17-123 BDt SSt

I delivery of public services can be revoked only on a prior showing of just cause but

2 the Governor has discretion to revoke expenditure authority over those departments

3 that are primarily concerned with enforcing the law

4 (e) Rota Health Center Three hundred forty thousand ($34000000) from the

5 First Senatorial Districts budget appropriation is hereby allocated to pay for

6 professional services for nurses technicians and other medical and auxiliary

7 professionals as needed including one mental health counselor in the amount of Thirty

8 Three Thousand Dollars ($3300000)

9 (d) DPS Cadets One hundred seven thousand seven hundred eighty

10 ($10778000) from the First Senatorial Districts budget appropriation is hereby

11 allocated for five (5) Full Time Equivalents (FTEs) for the Rota Department of Public

12 Safety of the total 329 FTEs to fully fund the five (5) 2010 DPS Academy graduates

13 from the First District who shall be placed as FTEs within the Rota Department of

14 Public Safety Any shortfall for overtime retirement or benefits shall be borne by the

15 municipality

16 (e) Dentist Seventy-seven thousand two hundred dollars ($77200) from the

First Senatorial Districts budget appropriation is hereby allocated for one (1) Full

18 Time Equivalent (FTE) to hire a dentist

19 Section 706 Second Senatorial District - Tinian amp

20 (a) There is hereby appropriated the following amounts to fund the personnel

21 and non-personnel expenses of the Second Senatorial District as listed below

22 [j PERSONNEL OPERATIONS TOTAL

28

17-123

Litigation Expenditures

PUBLIC LAW NO 17-21

BOUSE BILL BDI SSt

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

II forth in Section 704 are contingent on this section remaining in this Appropriation

12 Act

13 Section 603 Restricted

14 Except for the governor the attorney general the chief justice of the

IS 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 thcir authority The terms agency and agencies as used in this section shall be

- 19-

1

2

3

4

5

6

7

8

9

10

11 Legal Holidays

12

13

14

15

16

17

18

19

20

21

22

23

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 HDl SSt

liberally construed to include all instrumentalities and subdivisions of the

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

of Finance

Section 605

(a) The following laws and regulations providing for payment of legal

holidays are repealed during fiscal year 2011

ICMCsect312 andsect313

Title 10 NMIAC sectlO-1O-135G) (Excepted Service)

Title 10 NMIAC sect 1 0-202-346 (Civil Service Executive Branch)

Title 10 NMIAC sect10-30middot344 (Civil Service Judicial Branch)

Title 40 NMIAC sect40-40-425 (Commonwealth Ports Authority)

Title 60 NMIAC sect60-30l-444 (Public School System)

Title 100 NMIAC sect 100middot50-430 (Northern Marianas Housing

Corporation)

Title 120 NMIAC sect120-1Omiddot230 (Excepted Service) and

Title 130 NMIAC 130middot20-330 (Office of the Public Auditor)

- 20 -

17-123 HDl

In

PUBLIC LAW NO 17-21

regular salary

receive leave with pay

employees if they

Section 701

HOUSE BILL SSl

1 (b) Any employee required to work on a legal holiday shall be paid hislher

2

3 (c) From the legal holidays listed in I CMC sect311 the Governor may

4 select one or more legal holidays for fiscal year 2011 for which employees shall

5

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 have available funds in their personnel account

9 CHAPTER VII APPROPRIATIONS

10 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 of expenditure by

21 (I) A reduction in work hours

22 (2) A reduction in wages

23 (3) Furlough

- 21 -

$2934762 $388085

Legislative

$3322847

14

19 45

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 HDl SSl

I (4) A reduction in force

2 (5) A reduction in expenditures for all others or

3 (6) A combination of reductions under subsections (I) 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 acconnts 1 CMC sect7402(c) is

10 suspended for the period that this Act is in effect

II (f) Provided however that during the period of this Act no funds shall be

12 reprogrammed from non-personnel acconnts to personnel accounts to increase any

13 salaries from its current level

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 7959n

Superior Court 1714552 160961 1875513

20 Administration 13 295435 217240 512675

21 Law Revision Comm 5 132442 6245 138687

22 TOTAL 74

23 Section 703 Branch

22

17-123

20000 ll

954597

PUBLIC LAW NO 17-21

HOUSE BILL HDl SSI

1 (a) In accordance with Article II sectJ6(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 eontribution and non-personnel expenses as listed

4 below of the Legislative branch

5 FIE PERSONNEL OPERATIONS TOTAL

6 House Members Salary 20 954597

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

House Members Allocation

House Leadership Allocation

Senate

Senate Members Allocation

Senate Leadership Allocation

Legislative Bureau

CNMI Youth Congress

100 1700000 1700000

138000 138000

9 431141 431141

45 765000 765000

138000 138000

28 1274764 167000 1441764

1 2 67 1lltIT

TOTAL 203 $2681669 $2928000 $5609669

(b) Salaries of Legislative Members

( l) The amount appropriated under this section to the House of

Representatives under personnel shall be used to fund the salaries and

benefits of the members of the House of Representatives The expenditure

authority for the amounts appropriated shall be the Secretary of Finance

(2) The amount appropriated under this section to the Senate under

personnel shall be used to fund the salaries and benefits of the members of the

Senate The expenditure authority for the amounts appropriated shall be the

Secretary of Finance

(c) House Members Office Accounts and Employees

23

HDI

14

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 SSt

1 (I) The Department of Finance shall establish and assign a number to a

2 new business unit account entitled House Members Office Accounts for the

3 appropriation for House Members Allocation Another new business unit

4 account entitled Senate Members Office Accounts for the appropriation for

5 Senate Members Allocation Under each of these said accounts an equal

6 amount of the appropriation shall be alloeated to subac ount further established

7 thereunder for each member of the respective house for the operations of the

8 members office as permitted under section 16 of article II of the CNMI

9 Constitution applicable laws and the rules of the legislative body to which the

10 member was elected

II (2) Notwithstanding I CMC sect7401(c) to the contrary each member

12 shall be the expenditure authority of the funds allocated to their indi vidual sub-

13 account

(3) Funds allocated for the operation of the members office including

15 but not limited to the personnel costs of the members employees and

16 expenditures as authorized by the adopted rules of the Senate in the case of the

17 Senate member or the adopted rules of the House of Representatives in the case

18 of a House member such as a monthly stipend to defray travel and incidental

19 expenses for the purpose of attending to legislative business outside the

20 members senatorial district

21 (4) Allocation ofFTEs among House members shall be governed by the

22 rules of the House

24

13

14

15

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 HDI SSI

I (5) Allocation of FTEs among Senate members shall be governed by

2 the rules of the Senate

3 (d) Senate and House Leadership Accounts

4 (1) The Department of Finance shall establish and assign a number to

5 two new business unit accounts one entitled House Leadership Account for

6 the appropriation in the amount of $ l38000 under All Others and another

7 new business unit account entitled Senate Leadership Account for the

8 appropriation in the amount of$138000 under All Others

9 (2) The presiding officer of each respective house or his lawfully

10 authorized designee shall be the expenditure authority and shall use such funds

II to support the operations and activities of the House of Representatives and

12 Senate in aceordance 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

16 the Legislative Bureau shall be the Director of the Legislative Bureau or his or her

17 lawfully authorized designee

18 (f) Northern Marianas Youth Congress The expenditure authority is vested in

19 the Director of the Legislative Bureau with tbe consultation of the Speaker of the

20 Northern Mariana Islands Youth Congress

21 Section 704 Executive Branch

25

HDl

PERSONNEL

8

13

14

42

96

485

20

21

22

24

25

26

27

28

29

30

31

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 SSl

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 OPERATIONS TOTAL

5 Office of Gov 140

6 Attorney General

7 Commerce 32

Comm amp Cult Affairs 88

9 Corrections

10 Finance 163

11 Labor 44

12 Lands amp Natural Res 98

Public Health

Public Safety 258

15 Public Works 129

16 Total 1575 $45120729 $14184384 $593651l3

17 Section 705 First Senatorial District - Rota

18 (a) There is hereby appropriated the following amounts to fund the personnel

19 and non-personnel expenses as listed below of the First Senatorial District

FfE PERSONNEL OPERATIONS TOTAL

Mayor 99

Municipal Conn II

23 Commerce (econ Dev) 8

CampCA ]0

Police (DPS) 34

Fire 12

Finance amp Actg 3

Revenue amp Tax 3

Customs 6

Procurement amp Supply 2

Labor 7

26

17-123 HDl

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

] 6

17

18

19

20

21

22

23

24

25

26

Agriculture

Historic Preservation

Lands Regisamp Survey

Fish amp Wildlife

Parks amp Recreation

Soil amp Water Consv

Rota Health Center

Dental Services

DPH Med Referral

Environmental Health

Public Works

Total

PUBLIC LAW NO 17-21

HOUSE BILL SSl

20

4

6

5

4

1

51

4

5

2

23

320 $5677593 $576487 $6256080

(b) The Rota Legislative Delegation shall determine by Local Delegation

Resolution the allocation of the funds appropriated for the First Senatorial District

(c) Except as provided in this section the Mayor of Rota shall have authority to

expend obligate encumber or otherwise eommit the funds appropriated to the First

Senatorial District Notwithstanding any law to the contrary the Mayor of Rota shall

have 100 reprogramming authority of the funds appropriated in this Act

Appropriations to the Municipal Council shall be divided and distributed equally to

each member of the Municipal Council Each Municipal Council member shall be the

expenditure authority of funds distributed to himlher Additionally in accord with the

Superior Courts decision in the case of Inos v Tenorio the Mayors shall also have

expenditure authority over resident government departments in the First and Second

senatorial districts respectively unless the Governor revokes expenditure authority in a

manner consistent with the Superior Courts holding in Inos v Tenorio to wit

expenditure authority over resident departments that are primarily concerned lith the

27

Aguiguan

17

PUBLIC LAW NO 17-21

BOUSE BILL 17-123 BDt SSt

I delivery of public services can be revoked only on a prior showing of just cause but

2 the Governor has discretion to revoke expenditure authority over those departments

3 that are primarily concerned with enforcing the law

4 (e) Rota Health Center Three hundred forty thousand ($34000000) from the

5 First Senatorial Districts budget appropriation is hereby allocated to pay for

6 professional services for nurses technicians and other medical and auxiliary

7 professionals as needed including one mental health counselor in the amount of Thirty

8 Three Thousand Dollars ($3300000)

9 (d) DPS Cadets One hundred seven thousand seven hundred eighty

10 ($10778000) from the First Senatorial Districts budget appropriation is hereby

11 allocated for five (5) Full Time Equivalents (FTEs) for the Rota Department of Public

12 Safety of the total 329 FTEs to fully fund the five (5) 2010 DPS Academy graduates

13 from the First District who shall be placed as FTEs within the Rota Department of

14 Public Safety Any shortfall for overtime retirement or benefits shall be borne by the

15 municipality

16 (e) Dentist Seventy-seven thousand two hundred dollars ($77200) from the

First Senatorial Districts budget appropriation is hereby allocated for one (1) Full

18 Time Equivalent (FTE) to hire a dentist

19 Section 706 Second Senatorial District - Tinian amp

20 (a) There is hereby appropriated the following amounts to fund the personnel

21 and non-personnel expenses of the Second Senatorial District as listed below

22 [j PERSONNEL OPERATIONS TOTAL

28

1

2

3

4

5

6

7

8

9

10

11 Legal Holidays

12

13

14

15

16

17

18

19

20

21

22

23

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 HDl SSt

liberally construed to include all instrumentalities and subdivisions of the

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

of Finance

Section 605

(a) The following laws and regulations providing for payment of legal

holidays are repealed during fiscal year 2011

ICMCsect312 andsect313

Title 10 NMIAC sectlO-1O-135G) (Excepted Service)

Title 10 NMIAC sect 1 0-202-346 (Civil Service Executive Branch)

Title 10 NMIAC sect10-30middot344 (Civil Service Judicial Branch)

Title 40 NMIAC sect40-40-425 (Commonwealth Ports Authority)

Title 60 NMIAC sect60-30l-444 (Public School System)

Title 100 NMIAC sect 100middot50-430 (Northern Marianas Housing

Corporation)

Title 120 NMIAC sect120-1Omiddot230 (Excepted Service) and

Title 130 NMIAC 130middot20-330 (Office of the Public Auditor)

- 20 -

17-123 HDl

In

PUBLIC LAW NO 17-21

regular salary

receive leave with pay

employees if they

Section 701

HOUSE BILL SSl

1 (b) Any employee required to work on a legal holiday shall be paid hislher

2

3 (c) From the legal holidays listed in I CMC sect311 the Governor may

4 select one or more legal holidays for fiscal year 2011 for which employees shall

5

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 have available funds in their personnel account

9 CHAPTER VII APPROPRIATIONS

10 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 of expenditure by

21 (I) A reduction in work hours

22 (2) A reduction in wages

23 (3) Furlough

- 21 -

$2934762 $388085

Legislative

$3322847

14

19 45

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 HDl SSl

I (4) A reduction in force

2 (5) A reduction in expenditures for all others or

3 (6) A combination of reductions under subsections (I) 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 acconnts 1 CMC sect7402(c) is

10 suspended for the period that this Act is in effect

II (f) Provided however that during the period of this Act no funds shall be

12 reprogrammed from non-personnel acconnts to personnel accounts to increase any

13 salaries from its current level

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 7959n

Superior Court 1714552 160961 1875513

20 Administration 13 295435 217240 512675

21 Law Revision Comm 5 132442 6245 138687

22 TOTAL 74

23 Section 703 Branch

22

17-123

20000 ll

954597

PUBLIC LAW NO 17-21

HOUSE BILL HDl SSI

1 (a) In accordance with Article II sectJ6(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 eontribution and non-personnel expenses as listed

4 below of the Legislative branch

5 FIE PERSONNEL OPERATIONS TOTAL

6 House Members Salary 20 954597

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

House Members Allocation

House Leadership Allocation

Senate

Senate Members Allocation

Senate Leadership Allocation

Legislative Bureau

CNMI Youth Congress

100 1700000 1700000

138000 138000

9 431141 431141

45 765000 765000

138000 138000

28 1274764 167000 1441764

1 2 67 1lltIT

TOTAL 203 $2681669 $2928000 $5609669

(b) Salaries of Legislative Members

( l) The amount appropriated under this section to the House of

Representatives under personnel shall be used to fund the salaries and

benefits of the members of the House of Representatives The expenditure

authority for the amounts appropriated shall be the Secretary of Finance

(2) The amount appropriated under this section to the Senate under

personnel shall be used to fund the salaries and benefits of the members of the

Senate The expenditure authority for the amounts appropriated shall be the

Secretary of Finance

(c) House Members Office Accounts and Employees

23

HDI

14

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 SSt

1 (I) The Department of Finance shall establish and assign a number to a

2 new business unit account entitled House Members Office Accounts for the

3 appropriation for House Members Allocation Another new business unit

4 account entitled Senate Members Office Accounts for the appropriation for

5 Senate Members Allocation Under each of these said accounts an equal

6 amount of the appropriation shall be alloeated to subac ount further established

7 thereunder for each member of the respective house for the operations of the

8 members office as permitted under section 16 of article II of the CNMI

9 Constitution applicable laws and the rules of the legislative body to which the

10 member was elected

II (2) Notwithstanding I CMC sect7401(c) to the contrary each member

12 shall be the expenditure authority of the funds allocated to their indi vidual sub-

13 account

(3) Funds allocated for the operation of the members office including

15 but not limited to the personnel costs of the members employees and

16 expenditures as authorized by the adopted rules of the Senate in the case of the

17 Senate member or the adopted rules of the House of Representatives in the case

18 of a House member such as a monthly stipend to defray travel and incidental

19 expenses for the purpose of attending to legislative business outside the

20 members senatorial district

21 (4) Allocation ofFTEs among House members shall be governed by the

22 rules of the House

24

13

14

15

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 HDI SSI

I (5) Allocation of FTEs among Senate members shall be governed by

2 the rules of the Senate

3 (d) Senate and House Leadership Accounts

4 (1) The Department of Finance shall establish and assign a number to

5 two new business unit accounts one entitled House Leadership Account for

6 the appropriation in the amount of $ l38000 under All Others and another

7 new business unit account entitled Senate Leadership Account for the

8 appropriation in the amount of$138000 under All Others

9 (2) The presiding officer of each respective house or his lawfully

10 authorized designee shall be the expenditure authority and shall use such funds

II to support the operations and activities of the House of Representatives and

12 Senate in aceordance 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

16 the Legislative Bureau shall be the Director of the Legislative Bureau or his or her

17 lawfully authorized designee

18 (f) Northern Marianas Youth Congress The expenditure authority is vested in

19 the Director of the Legislative Bureau with tbe consultation of the Speaker of the

20 Northern Mariana Islands Youth Congress

21 Section 704 Executive Branch

25

HDl

PERSONNEL

8

13

14

42

96

485

20

21

22

24

25

26

27

28

29

30

31

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 SSl

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 OPERATIONS TOTAL

5 Office of Gov 140

6 Attorney General

7 Commerce 32

Comm amp Cult Affairs 88

9 Corrections

10 Finance 163

11 Labor 44

12 Lands amp Natural Res 98

Public Health

Public Safety 258

15 Public Works 129

16 Total 1575 $45120729 $14184384 $593651l3

17 Section 705 First Senatorial District - Rota

18 (a) There is hereby appropriated the following amounts to fund the personnel

19 and non-personnel expenses as listed below of the First Senatorial District

FfE PERSONNEL OPERATIONS TOTAL

Mayor 99

Municipal Conn II

23 Commerce (econ Dev) 8

CampCA ]0

Police (DPS) 34

Fire 12

Finance amp Actg 3

Revenue amp Tax 3

Customs 6

Procurement amp Supply 2

Labor 7

26

17-123 HDl

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

] 6

17

18

19

20

21

22

23

24

25

26

Agriculture

Historic Preservation

Lands Regisamp Survey

Fish amp Wildlife

Parks amp Recreation

Soil amp Water Consv

Rota Health Center

Dental Services

DPH Med Referral

Environmental Health

Public Works

Total

PUBLIC LAW NO 17-21

HOUSE BILL SSl

20

4

6

5

4

1

51

4

5

2

23

320 $5677593 $576487 $6256080

(b) The Rota Legislative Delegation shall determine by Local Delegation

Resolution the allocation of the funds appropriated for the First Senatorial District

(c) Except as provided in this section the Mayor of Rota shall have authority to

expend obligate encumber or otherwise eommit the funds appropriated to the First

Senatorial District Notwithstanding any law to the contrary the Mayor of Rota shall

have 100 reprogramming authority of the funds appropriated in this Act

Appropriations to the Municipal Council shall be divided and distributed equally to

each member of the Municipal Council Each Municipal Council member shall be the

expenditure authority of funds distributed to himlher Additionally in accord with the

Superior Courts decision in the case of Inos v Tenorio the Mayors shall also have

expenditure authority over resident government departments in the First and Second

senatorial districts respectively unless the Governor revokes expenditure authority in a

manner consistent with the Superior Courts holding in Inos v Tenorio to wit

expenditure authority over resident departments that are primarily concerned lith the

27

Aguiguan

17

PUBLIC LAW NO 17-21

BOUSE BILL 17-123 BDt SSt

I delivery of public services can be revoked only on a prior showing of just cause but

2 the Governor has discretion to revoke expenditure authority over those departments

3 that are primarily concerned with enforcing the law

4 (e) Rota Health Center Three hundred forty thousand ($34000000) from the

5 First Senatorial Districts budget appropriation is hereby allocated to pay for

6 professional services for nurses technicians and other medical and auxiliary

7 professionals as needed including one mental health counselor in the amount of Thirty

8 Three Thousand Dollars ($3300000)

9 (d) DPS Cadets One hundred seven thousand seven hundred eighty

10 ($10778000) from the First Senatorial Districts budget appropriation is hereby

11 allocated for five (5) Full Time Equivalents (FTEs) for the Rota Department of Public

12 Safety of the total 329 FTEs to fully fund the five (5) 2010 DPS Academy graduates

13 from the First District who shall be placed as FTEs within the Rota Department of

14 Public Safety Any shortfall for overtime retirement or benefits shall be borne by the

15 municipality

16 (e) Dentist Seventy-seven thousand two hundred dollars ($77200) from the

First Senatorial Districts budget appropriation is hereby allocated for one (1) Full

18 Time Equivalent (FTE) to hire a dentist

19 Section 706 Second Senatorial District - Tinian amp

20 (a) There is hereby appropriated the following amounts to fund the personnel

21 and non-personnel expenses of the Second Senatorial District as listed below

22 [j PERSONNEL OPERATIONS TOTAL

28

17-123 HDl

In

PUBLIC LAW NO 17-21

regular salary

receive leave with pay

employees if they

Section 701

HOUSE BILL SSl

1 (b) Any employee required to work on a legal holiday shall be paid hislher

2

3 (c) From the legal holidays listed in I CMC sect311 the Governor may

4 select one or more legal holidays for fiscal year 2011 for which employees shall

5

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 have available funds in their personnel account

9 CHAPTER VII APPROPRIATIONS

10 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 of expenditure by

21 (I) A reduction in work hours

22 (2) A reduction in wages

23 (3) Furlough

- 21 -

$2934762 $388085

Legislative

$3322847

14

19 45

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 HDl SSl

I (4) A reduction in force

2 (5) A reduction in expenditures for all others or

3 (6) A combination of reductions under subsections (I) 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 acconnts 1 CMC sect7402(c) is

10 suspended for the period that this Act is in effect

II (f) Provided however that during the period of this Act no funds shall be

12 reprogrammed from non-personnel acconnts to personnel accounts to increase any

13 salaries from its current level

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 7959n

Superior Court 1714552 160961 1875513

20 Administration 13 295435 217240 512675

21 Law Revision Comm 5 132442 6245 138687

22 TOTAL 74

23 Section 703 Branch

22

17-123

20000 ll

954597

PUBLIC LAW NO 17-21

HOUSE BILL HDl SSI

1 (a) In accordance with Article II sectJ6(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 eontribution and non-personnel expenses as listed

4 below of the Legislative branch

5 FIE PERSONNEL OPERATIONS TOTAL

6 House Members Salary 20 954597

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

House Members Allocation

House Leadership Allocation

Senate

Senate Members Allocation

Senate Leadership Allocation

Legislative Bureau

CNMI Youth Congress

100 1700000 1700000

138000 138000

9 431141 431141

45 765000 765000

138000 138000

28 1274764 167000 1441764

1 2 67 1lltIT

TOTAL 203 $2681669 $2928000 $5609669

(b) Salaries of Legislative Members

( l) The amount appropriated under this section to the House of

Representatives under personnel shall be used to fund the salaries and

benefits of the members of the House of Representatives The expenditure

authority for the amounts appropriated shall be the Secretary of Finance

(2) The amount appropriated under this section to the Senate under

personnel shall be used to fund the salaries and benefits of the members of the

Senate The expenditure authority for the amounts appropriated shall be the

Secretary of Finance

(c) House Members Office Accounts and Employees

23

HDI

14

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 SSt

1 (I) The Department of Finance shall establish and assign a number to a

2 new business unit account entitled House Members Office Accounts for the

3 appropriation for House Members Allocation Another new business unit

4 account entitled Senate Members Office Accounts for the appropriation for

5 Senate Members Allocation Under each of these said accounts an equal

6 amount of the appropriation shall be alloeated to subac ount further established

7 thereunder for each member of the respective house for the operations of the

8 members office as permitted under section 16 of article II of the CNMI

9 Constitution applicable laws and the rules of the legislative body to which the

10 member was elected

II (2) Notwithstanding I CMC sect7401(c) to the contrary each member

12 shall be the expenditure authority of the funds allocated to their indi vidual sub-

13 account

(3) Funds allocated for the operation of the members office including

15 but not limited to the personnel costs of the members employees and

16 expenditures as authorized by the adopted rules of the Senate in the case of the

17 Senate member or the adopted rules of the House of Representatives in the case

18 of a House member such as a monthly stipend to defray travel and incidental

19 expenses for the purpose of attending to legislative business outside the

20 members senatorial district

21 (4) Allocation ofFTEs among House members shall be governed by the

22 rules of the House

24

13

14

15

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 HDI SSI

I (5) Allocation of FTEs among Senate members shall be governed by

2 the rules of the Senate

3 (d) Senate and House Leadership Accounts

4 (1) The Department of Finance shall establish and assign a number to

5 two new business unit accounts one entitled House Leadership Account for

6 the appropriation in the amount of $ l38000 under All Others and another

7 new business unit account entitled Senate Leadership Account for the

8 appropriation in the amount of$138000 under All Others

9 (2) The presiding officer of each respective house or his lawfully

10 authorized designee shall be the expenditure authority and shall use such funds

II to support the operations and activities of the House of Representatives and

12 Senate in aceordance 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

16 the Legislative Bureau shall be the Director of the Legislative Bureau or his or her

17 lawfully authorized designee

18 (f) Northern Marianas Youth Congress The expenditure authority is vested in

19 the Director of the Legislative Bureau with tbe consultation of the Speaker of the

20 Northern Mariana Islands Youth Congress

21 Section 704 Executive Branch

25

HDl

PERSONNEL

8

13

14

42

96

485

20

21

22

24

25

26

27

28

29

30

31

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 SSl

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 OPERATIONS TOTAL

5 Office of Gov 140

6 Attorney General

7 Commerce 32

Comm amp Cult Affairs 88

9 Corrections

10 Finance 163

11 Labor 44

12 Lands amp Natural Res 98

Public Health

Public Safety 258

15 Public Works 129

16 Total 1575 $45120729 $14184384 $593651l3

17 Section 705 First Senatorial District - Rota

18 (a) There is hereby appropriated the following amounts to fund the personnel

19 and non-personnel expenses as listed below of the First Senatorial District

FfE PERSONNEL OPERATIONS TOTAL

Mayor 99

Municipal Conn II

23 Commerce (econ Dev) 8

CampCA ]0

Police (DPS) 34

Fire 12

Finance amp Actg 3

Revenue amp Tax 3

Customs 6

Procurement amp Supply 2

Labor 7

26

17-123 HDl

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

] 6

17

18

19

20

21

22

23

24

25

26

Agriculture

Historic Preservation

Lands Regisamp Survey

Fish amp Wildlife

Parks amp Recreation

Soil amp Water Consv

Rota Health Center

Dental Services

DPH Med Referral

Environmental Health

Public Works

Total

PUBLIC LAW NO 17-21

HOUSE BILL SSl

20

4

6

5

4

1

51

4

5

2

23

320 $5677593 $576487 $6256080

(b) The Rota Legislative Delegation shall determine by Local Delegation

Resolution the allocation of the funds appropriated for the First Senatorial District

(c) Except as provided in this section the Mayor of Rota shall have authority to

expend obligate encumber or otherwise eommit the funds appropriated to the First

Senatorial District Notwithstanding any law to the contrary the Mayor of Rota shall

have 100 reprogramming authority of the funds appropriated in this Act

Appropriations to the Municipal Council shall be divided and distributed equally to

each member of the Municipal Council Each Municipal Council member shall be the

expenditure authority of funds distributed to himlher Additionally in accord with the

Superior Courts decision in the case of Inos v Tenorio the Mayors shall also have

expenditure authority over resident government departments in the First and Second

senatorial districts respectively unless the Governor revokes expenditure authority in a

manner consistent with the Superior Courts holding in Inos v Tenorio to wit

expenditure authority over resident departments that are primarily concerned lith the

27

Aguiguan

17

PUBLIC LAW NO 17-21

BOUSE BILL 17-123 BDt SSt

I delivery of public services can be revoked only on a prior showing of just cause but

2 the Governor has discretion to revoke expenditure authority over those departments

3 that are primarily concerned with enforcing the law

4 (e) Rota Health Center Three hundred forty thousand ($34000000) from the

5 First Senatorial Districts budget appropriation is hereby allocated to pay for

6 professional services for nurses technicians and other medical and auxiliary

7 professionals as needed including one mental health counselor in the amount of Thirty

8 Three Thousand Dollars ($3300000)

9 (d) DPS Cadets One hundred seven thousand seven hundred eighty

10 ($10778000) from the First Senatorial Districts budget appropriation is hereby

11 allocated for five (5) Full Time Equivalents (FTEs) for the Rota Department of Public

12 Safety of the total 329 FTEs to fully fund the five (5) 2010 DPS Academy graduates

13 from the First District who shall be placed as FTEs within the Rota Department of

14 Public Safety Any shortfall for overtime retirement or benefits shall be borne by the

15 municipality

16 (e) Dentist Seventy-seven thousand two hundred dollars ($77200) from the

First Senatorial Districts budget appropriation is hereby allocated for one (1) Full

18 Time Equivalent (FTE) to hire a dentist

19 Section 706 Second Senatorial District - Tinian amp

20 (a) There is hereby appropriated the following amounts to fund the personnel

21 and non-personnel expenses of the Second Senatorial District as listed below

22 [j PERSONNEL OPERATIONS TOTAL

28

$2934762 $388085

Legislative

$3322847

14

19 45

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 HDl SSl

I (4) A reduction in force

2 (5) A reduction in expenditures for all others or

3 (6) A combination of reductions under subsections (I) 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 acconnts 1 CMC sect7402(c) is

10 suspended for the period that this Act is in effect

II (f) Provided however that during the period of this Act no funds shall be

12 reprogrammed from non-personnel acconnts to personnel accounts to increase any

13 salaries from its current level

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 7959n

Superior Court 1714552 160961 1875513

20 Administration 13 295435 217240 512675

21 Law Revision Comm 5 132442 6245 138687

22 TOTAL 74

23 Section 703 Branch

22

17-123

20000 ll

954597

PUBLIC LAW NO 17-21

HOUSE BILL HDl SSI

1 (a) In accordance with Article II sectJ6(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 eontribution and non-personnel expenses as listed

4 below of the Legislative branch

5 FIE PERSONNEL OPERATIONS TOTAL

6 House Members Salary 20 954597

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

House Members Allocation

House Leadership Allocation

Senate

Senate Members Allocation

Senate Leadership Allocation

Legislative Bureau

CNMI Youth Congress

100 1700000 1700000

138000 138000

9 431141 431141

45 765000 765000

138000 138000

28 1274764 167000 1441764

1 2 67 1lltIT

TOTAL 203 $2681669 $2928000 $5609669

(b) Salaries of Legislative Members

( l) The amount appropriated under this section to the House of

Representatives under personnel shall be used to fund the salaries and

benefits of the members of the House of Representatives The expenditure

authority for the amounts appropriated shall be the Secretary of Finance

(2) The amount appropriated under this section to the Senate under

personnel shall be used to fund the salaries and benefits of the members of the

Senate The expenditure authority for the amounts appropriated shall be the

Secretary of Finance

(c) House Members Office Accounts and Employees

23

HDI

14

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 SSt

1 (I) The Department of Finance shall establish and assign a number to a

2 new business unit account entitled House Members Office Accounts for the

3 appropriation for House Members Allocation Another new business unit

4 account entitled Senate Members Office Accounts for the appropriation for

5 Senate Members Allocation Under each of these said accounts an equal

6 amount of the appropriation shall be alloeated to subac ount further established

7 thereunder for each member of the respective house for the operations of the

8 members office as permitted under section 16 of article II of the CNMI

9 Constitution applicable laws and the rules of the legislative body to which the

10 member was elected

II (2) Notwithstanding I CMC sect7401(c) to the contrary each member

12 shall be the expenditure authority of the funds allocated to their indi vidual sub-

13 account

(3) Funds allocated for the operation of the members office including

15 but not limited to the personnel costs of the members employees and

16 expenditures as authorized by the adopted rules of the Senate in the case of the

17 Senate member or the adopted rules of the House of Representatives in the case

18 of a House member such as a monthly stipend to defray travel and incidental

19 expenses for the purpose of attending to legislative business outside the

20 members senatorial district

21 (4) Allocation ofFTEs among House members shall be governed by the

22 rules of the House

24

13

14

15

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 HDI SSI

I (5) Allocation of FTEs among Senate members shall be governed by

2 the rules of the Senate

3 (d) Senate and House Leadership Accounts

4 (1) The Department of Finance shall establish and assign a number to

5 two new business unit accounts one entitled House Leadership Account for

6 the appropriation in the amount of $ l38000 under All Others and another

7 new business unit account entitled Senate Leadership Account for the

8 appropriation in the amount of$138000 under All Others

9 (2) The presiding officer of each respective house or his lawfully

10 authorized designee shall be the expenditure authority and shall use such funds

II to support the operations and activities of the House of Representatives and

12 Senate in aceordance 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

16 the Legislative Bureau shall be the Director of the Legislative Bureau or his or her

17 lawfully authorized designee

18 (f) Northern Marianas Youth Congress The expenditure authority is vested in

19 the Director of the Legislative Bureau with tbe consultation of the Speaker of the

20 Northern Mariana Islands Youth Congress

21 Section 704 Executive Branch

25

HDl

PERSONNEL

8

13

14

42

96

485

20

21

22

24

25

26

27

28

29

30

31

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 SSl

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 OPERATIONS TOTAL

5 Office of Gov 140

6 Attorney General

7 Commerce 32

Comm amp Cult Affairs 88

9 Corrections

10 Finance 163

11 Labor 44

12 Lands amp Natural Res 98

Public Health

Public Safety 258

15 Public Works 129

16 Total 1575 $45120729 $14184384 $593651l3

17 Section 705 First Senatorial District - Rota

18 (a) There is hereby appropriated the following amounts to fund the personnel

19 and non-personnel expenses as listed below of the First Senatorial District

FfE PERSONNEL OPERATIONS TOTAL

Mayor 99

Municipal Conn II

23 Commerce (econ Dev) 8

CampCA ]0

Police (DPS) 34

Fire 12

Finance amp Actg 3

Revenue amp Tax 3

Customs 6

Procurement amp Supply 2

Labor 7

26

17-123 HDl

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

] 6

17

18

19

20

21

22

23

24

25

26

Agriculture

Historic Preservation

Lands Regisamp Survey

Fish amp Wildlife

Parks amp Recreation

Soil amp Water Consv

Rota Health Center

Dental Services

DPH Med Referral

Environmental Health

Public Works

Total

PUBLIC LAW NO 17-21

HOUSE BILL SSl

20

4

6

5

4

1

51

4

5

2

23

320 $5677593 $576487 $6256080

(b) The Rota Legislative Delegation shall determine by Local Delegation

Resolution the allocation of the funds appropriated for the First Senatorial District

(c) Except as provided in this section the Mayor of Rota shall have authority to

expend obligate encumber or otherwise eommit the funds appropriated to the First

Senatorial District Notwithstanding any law to the contrary the Mayor of Rota shall

have 100 reprogramming authority of the funds appropriated in this Act

Appropriations to the Municipal Council shall be divided and distributed equally to

each member of the Municipal Council Each Municipal Council member shall be the

expenditure authority of funds distributed to himlher Additionally in accord with the

Superior Courts decision in the case of Inos v Tenorio the Mayors shall also have

expenditure authority over resident government departments in the First and Second

senatorial districts respectively unless the Governor revokes expenditure authority in a

manner consistent with the Superior Courts holding in Inos v Tenorio to wit

expenditure authority over resident departments that are primarily concerned lith the

27

Aguiguan

17

PUBLIC LAW NO 17-21

BOUSE BILL 17-123 BDt SSt

I delivery of public services can be revoked only on a prior showing of just cause but

2 the Governor has discretion to revoke expenditure authority over those departments

3 that are primarily concerned with enforcing the law

4 (e) Rota Health Center Three hundred forty thousand ($34000000) from the

5 First Senatorial Districts budget appropriation is hereby allocated to pay for

6 professional services for nurses technicians and other medical and auxiliary

7 professionals as needed including one mental health counselor in the amount of Thirty

8 Three Thousand Dollars ($3300000)

9 (d) DPS Cadets One hundred seven thousand seven hundred eighty

10 ($10778000) from the First Senatorial Districts budget appropriation is hereby

11 allocated for five (5) Full Time Equivalents (FTEs) for the Rota Department of Public

12 Safety of the total 329 FTEs to fully fund the five (5) 2010 DPS Academy graduates

13 from the First District who shall be placed as FTEs within the Rota Department of

14 Public Safety Any shortfall for overtime retirement or benefits shall be borne by the

15 municipality

16 (e) Dentist Seventy-seven thousand two hundred dollars ($77200) from the

First Senatorial Districts budget appropriation is hereby allocated for one (1) Full

18 Time Equivalent (FTE) to hire a dentist

19 Section 706 Second Senatorial District - Tinian amp

20 (a) There is hereby appropriated the following amounts to fund the personnel

21 and non-personnel expenses of the Second Senatorial District as listed below

22 [j PERSONNEL OPERATIONS TOTAL

28

17-123

20000 ll

954597

PUBLIC LAW NO 17-21

HOUSE BILL HDl SSI

1 (a) In accordance with Article II sectJ6(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 eontribution and non-personnel expenses as listed

4 below of the Legislative branch

5 FIE PERSONNEL OPERATIONS TOTAL

6 House Members Salary 20 954597

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

House Members Allocation

House Leadership Allocation

Senate

Senate Members Allocation

Senate Leadership Allocation

Legislative Bureau

CNMI Youth Congress

100 1700000 1700000

138000 138000

9 431141 431141

45 765000 765000

138000 138000

28 1274764 167000 1441764

1 2 67 1lltIT

TOTAL 203 $2681669 $2928000 $5609669

(b) Salaries of Legislative Members

( l) The amount appropriated under this section to the House of

Representatives under personnel shall be used to fund the salaries and

benefits of the members of the House of Representatives The expenditure

authority for the amounts appropriated shall be the Secretary of Finance

(2) The amount appropriated under this section to the Senate under

personnel shall be used to fund the salaries and benefits of the members of the

Senate The expenditure authority for the amounts appropriated shall be the

Secretary of Finance

(c) House Members Office Accounts and Employees

23

HDI

14

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 SSt

1 (I) The Department of Finance shall establish and assign a number to a

2 new business unit account entitled House Members Office Accounts for the

3 appropriation for House Members Allocation Another new business unit

4 account entitled Senate Members Office Accounts for the appropriation for

5 Senate Members Allocation Under each of these said accounts an equal

6 amount of the appropriation shall be alloeated to subac ount further established

7 thereunder for each member of the respective house for the operations of the

8 members office as permitted under section 16 of article II of the CNMI

9 Constitution applicable laws and the rules of the legislative body to which the

10 member was elected

II (2) Notwithstanding I CMC sect7401(c) to the contrary each member

12 shall be the expenditure authority of the funds allocated to their indi vidual sub-

13 account

(3) Funds allocated for the operation of the members office including

15 but not limited to the personnel costs of the members employees and

16 expenditures as authorized by the adopted rules of the Senate in the case of the

17 Senate member or the adopted rules of the House of Representatives in the case

18 of a House member such as a monthly stipend to defray travel and incidental

19 expenses for the purpose of attending to legislative business outside the

20 members senatorial district

21 (4) Allocation ofFTEs among House members shall be governed by the

22 rules of the House

24

13

14

15

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 HDI SSI

I (5) Allocation of FTEs among Senate members shall be governed by

2 the rules of the Senate

3 (d) Senate and House Leadership Accounts

4 (1) The Department of Finance shall establish and assign a number to

5 two new business unit accounts one entitled House Leadership Account for

6 the appropriation in the amount of $ l38000 under All Others and another

7 new business unit account entitled Senate Leadership Account for the

8 appropriation in the amount of$138000 under All Others

9 (2) The presiding officer of each respective house or his lawfully

10 authorized designee shall be the expenditure authority and shall use such funds

II to support the operations and activities of the House of Representatives and

12 Senate in aceordance 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

16 the Legislative Bureau shall be the Director of the Legislative Bureau or his or her

17 lawfully authorized designee

18 (f) Northern Marianas Youth Congress The expenditure authority is vested in

19 the Director of the Legislative Bureau with tbe consultation of the Speaker of the

20 Northern Mariana Islands Youth Congress

21 Section 704 Executive Branch

25

HDl

PERSONNEL

8

13

14

42

96

485

20

21

22

24

25

26

27

28

29

30

31

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 SSl

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 OPERATIONS TOTAL

5 Office of Gov 140

6 Attorney General

7 Commerce 32

Comm amp Cult Affairs 88

9 Corrections

10 Finance 163

11 Labor 44

12 Lands amp Natural Res 98

Public Health

Public Safety 258

15 Public Works 129

16 Total 1575 $45120729 $14184384 $593651l3

17 Section 705 First Senatorial District - Rota

18 (a) There is hereby appropriated the following amounts to fund the personnel

19 and non-personnel expenses as listed below of the First Senatorial District

FfE PERSONNEL OPERATIONS TOTAL

Mayor 99

Municipal Conn II

23 Commerce (econ Dev) 8

CampCA ]0

Police (DPS) 34

Fire 12

Finance amp Actg 3

Revenue amp Tax 3

Customs 6

Procurement amp Supply 2

Labor 7

26

17-123 HDl

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

] 6

17

18

19

20

21

22

23

24

25

26

Agriculture

Historic Preservation

Lands Regisamp Survey

Fish amp Wildlife

Parks amp Recreation

Soil amp Water Consv

Rota Health Center

Dental Services

DPH Med Referral

Environmental Health

Public Works

Total

PUBLIC LAW NO 17-21

HOUSE BILL SSl

20

4

6

5

4

1

51

4

5

2

23

320 $5677593 $576487 $6256080

(b) The Rota Legislative Delegation shall determine by Local Delegation

Resolution the allocation of the funds appropriated for the First Senatorial District

(c) Except as provided in this section the Mayor of Rota shall have authority to

expend obligate encumber or otherwise eommit the funds appropriated to the First

Senatorial District Notwithstanding any law to the contrary the Mayor of Rota shall

have 100 reprogramming authority of the funds appropriated in this Act

Appropriations to the Municipal Council shall be divided and distributed equally to

each member of the Municipal Council Each Municipal Council member shall be the

expenditure authority of funds distributed to himlher Additionally in accord with the

Superior Courts decision in the case of Inos v Tenorio the Mayors shall also have

expenditure authority over resident government departments in the First and Second

senatorial districts respectively unless the Governor revokes expenditure authority in a

manner consistent with the Superior Courts holding in Inos v Tenorio to wit

expenditure authority over resident departments that are primarily concerned lith the

27

Aguiguan

17

PUBLIC LAW NO 17-21

BOUSE BILL 17-123 BDt SSt

I delivery of public services can be revoked only on a prior showing of just cause but

2 the Governor has discretion to revoke expenditure authority over those departments

3 that are primarily concerned with enforcing the law

4 (e) Rota Health Center Three hundred forty thousand ($34000000) from the

5 First Senatorial Districts budget appropriation is hereby allocated to pay for

6 professional services for nurses technicians and other medical and auxiliary

7 professionals as needed including one mental health counselor in the amount of Thirty

8 Three Thousand Dollars ($3300000)

9 (d) DPS Cadets One hundred seven thousand seven hundred eighty

10 ($10778000) from the First Senatorial Districts budget appropriation is hereby

11 allocated for five (5) Full Time Equivalents (FTEs) for the Rota Department of Public

12 Safety of the total 329 FTEs to fully fund the five (5) 2010 DPS Academy graduates

13 from the First District who shall be placed as FTEs within the Rota Department of

14 Public Safety Any shortfall for overtime retirement or benefits shall be borne by the

15 municipality

16 (e) Dentist Seventy-seven thousand two hundred dollars ($77200) from the

First Senatorial Districts budget appropriation is hereby allocated for one (1) Full

18 Time Equivalent (FTE) to hire a dentist

19 Section 706 Second Senatorial District - Tinian amp

20 (a) There is hereby appropriated the following amounts to fund the personnel

21 and non-personnel expenses of the Second Senatorial District as listed below

22 [j PERSONNEL OPERATIONS TOTAL

28

HDI

14

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 SSt

1 (I) The Department of Finance shall establish and assign a number to a

2 new business unit account entitled House Members Office Accounts for the

3 appropriation for House Members Allocation Another new business unit

4 account entitled Senate Members Office Accounts for the appropriation for

5 Senate Members Allocation Under each of these said accounts an equal

6 amount of the appropriation shall be alloeated to subac ount further established

7 thereunder for each member of the respective house for the operations of the

8 members office as permitted under section 16 of article II of the CNMI

9 Constitution applicable laws and the rules of the legislative body to which the

10 member was elected

II (2) Notwithstanding I CMC sect7401(c) to the contrary each member

12 shall be the expenditure authority of the funds allocated to their indi vidual sub-

13 account

(3) Funds allocated for the operation of the members office including

15 but not limited to the personnel costs of the members employees and

16 expenditures as authorized by the adopted rules of the Senate in the case of the

17 Senate member or the adopted rules of the House of Representatives in the case

18 of a House member such as a monthly stipend to defray travel and incidental

19 expenses for the purpose of attending to legislative business outside the

20 members senatorial district

21 (4) Allocation ofFTEs among House members shall be governed by the

22 rules of the House

24

13

14

15

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 HDI SSI

I (5) Allocation of FTEs among Senate members shall be governed by

2 the rules of the Senate

3 (d) Senate and House Leadership Accounts

4 (1) The Department of Finance shall establish and assign a number to

5 two new business unit accounts one entitled House Leadership Account for

6 the appropriation in the amount of $ l38000 under All Others and another

7 new business unit account entitled Senate Leadership Account for the

8 appropriation in the amount of$138000 under All Others

9 (2) The presiding officer of each respective house or his lawfully

10 authorized designee shall be the expenditure authority and shall use such funds

II to support the operations and activities of the House of Representatives and

12 Senate in aceordance 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

16 the Legislative Bureau shall be the Director of the Legislative Bureau or his or her

17 lawfully authorized designee

18 (f) Northern Marianas Youth Congress The expenditure authority is vested in

19 the Director of the Legislative Bureau with tbe consultation of the Speaker of the

20 Northern Mariana Islands Youth Congress

21 Section 704 Executive Branch

25

HDl

PERSONNEL

8

13

14

42

96

485

20

21

22

24

25

26

27

28

29

30

31

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 SSl

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 OPERATIONS TOTAL

5 Office of Gov 140

6 Attorney General

7 Commerce 32

Comm amp Cult Affairs 88

9 Corrections

10 Finance 163

11 Labor 44

12 Lands amp Natural Res 98

Public Health

Public Safety 258

15 Public Works 129

16 Total 1575 $45120729 $14184384 $593651l3

17 Section 705 First Senatorial District - Rota

18 (a) There is hereby appropriated the following amounts to fund the personnel

19 and non-personnel expenses as listed below of the First Senatorial District

FfE PERSONNEL OPERATIONS TOTAL

Mayor 99

Municipal Conn II

23 Commerce (econ Dev) 8

CampCA ]0

Police (DPS) 34

Fire 12

Finance amp Actg 3

Revenue amp Tax 3

Customs 6

Procurement amp Supply 2

Labor 7

26

17-123 HDl

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

] 6

17

18

19

20

21

22

23

24

25

26

Agriculture

Historic Preservation

Lands Regisamp Survey

Fish amp Wildlife

Parks amp Recreation

Soil amp Water Consv

Rota Health Center

Dental Services

DPH Med Referral

Environmental Health

Public Works

Total

PUBLIC LAW NO 17-21

HOUSE BILL SSl

20

4

6

5

4

1

51

4

5

2

23

320 $5677593 $576487 $6256080

(b) The Rota Legislative Delegation shall determine by Local Delegation

Resolution the allocation of the funds appropriated for the First Senatorial District

(c) Except as provided in this section the Mayor of Rota shall have authority to

expend obligate encumber or otherwise eommit the funds appropriated to the First

Senatorial District Notwithstanding any law to the contrary the Mayor of Rota shall

have 100 reprogramming authority of the funds appropriated in this Act

Appropriations to the Municipal Council shall be divided and distributed equally to

each member of the Municipal Council Each Municipal Council member shall be the

expenditure authority of funds distributed to himlher Additionally in accord with the

Superior Courts decision in the case of Inos v Tenorio the Mayors shall also have

expenditure authority over resident government departments in the First and Second

senatorial districts respectively unless the Governor revokes expenditure authority in a

manner consistent with the Superior Courts holding in Inos v Tenorio to wit

expenditure authority over resident departments that are primarily concerned lith the

27

Aguiguan

17

PUBLIC LAW NO 17-21

BOUSE BILL 17-123 BDt SSt

I delivery of public services can be revoked only on a prior showing of just cause but

2 the Governor has discretion to revoke expenditure authority over those departments

3 that are primarily concerned with enforcing the law

4 (e) Rota Health Center Three hundred forty thousand ($34000000) from the

5 First Senatorial Districts budget appropriation is hereby allocated to pay for

6 professional services for nurses technicians and other medical and auxiliary

7 professionals as needed including one mental health counselor in the amount of Thirty

8 Three Thousand Dollars ($3300000)

9 (d) DPS Cadets One hundred seven thousand seven hundred eighty

10 ($10778000) from the First Senatorial Districts budget appropriation is hereby

11 allocated for five (5) Full Time Equivalents (FTEs) for the Rota Department of Public

12 Safety of the total 329 FTEs to fully fund the five (5) 2010 DPS Academy graduates

13 from the First District who shall be placed as FTEs within the Rota Department of

14 Public Safety Any shortfall for overtime retirement or benefits shall be borne by the

15 municipality

16 (e) Dentist Seventy-seven thousand two hundred dollars ($77200) from the

First Senatorial Districts budget appropriation is hereby allocated for one (1) Full

18 Time Equivalent (FTE) to hire a dentist

19 Section 706 Second Senatorial District - Tinian amp

20 (a) There is hereby appropriated the following amounts to fund the personnel

21 and non-personnel expenses of the Second Senatorial District as listed below

22 [j PERSONNEL OPERATIONS TOTAL

28

13

14

15

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 HDI SSI

I (5) Allocation of FTEs among Senate members shall be governed by

2 the rules of the Senate

3 (d) Senate and House Leadership Accounts

4 (1) The Department of Finance shall establish and assign a number to

5 two new business unit accounts one entitled House Leadership Account for

6 the appropriation in the amount of $ l38000 under All Others and another

7 new business unit account entitled Senate Leadership Account for the

8 appropriation in the amount of$138000 under All Others

9 (2) The presiding officer of each respective house or his lawfully

10 authorized designee shall be the expenditure authority and shall use such funds

II to support the operations and activities of the House of Representatives and

12 Senate in aceordance 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

16 the Legislative Bureau shall be the Director of the Legislative Bureau or his or her

17 lawfully authorized designee

18 (f) Northern Marianas Youth Congress The expenditure authority is vested in

19 the Director of the Legislative Bureau with tbe consultation of the Speaker of the

20 Northern Mariana Islands Youth Congress

21 Section 704 Executive Branch

25

HDl

PERSONNEL

8

13

14

42

96

485

20

21

22

24

25

26

27

28

29

30

31

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 SSl

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 OPERATIONS TOTAL

5 Office of Gov 140

6 Attorney General

7 Commerce 32

Comm amp Cult Affairs 88

9 Corrections

10 Finance 163

11 Labor 44

12 Lands amp Natural Res 98

Public Health

Public Safety 258

15 Public Works 129

16 Total 1575 $45120729 $14184384 $593651l3

17 Section 705 First Senatorial District - Rota

18 (a) There is hereby appropriated the following amounts to fund the personnel

19 and non-personnel expenses as listed below of the First Senatorial District

FfE PERSONNEL OPERATIONS TOTAL

Mayor 99

Municipal Conn II

23 Commerce (econ Dev) 8

CampCA ]0

Police (DPS) 34

Fire 12

Finance amp Actg 3

Revenue amp Tax 3

Customs 6

Procurement amp Supply 2

Labor 7

26

17-123 HDl

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

] 6

17

18

19

20

21

22

23

24

25

26

Agriculture

Historic Preservation

Lands Regisamp Survey

Fish amp Wildlife

Parks amp Recreation

Soil amp Water Consv

Rota Health Center

Dental Services

DPH Med Referral

Environmental Health

Public Works

Total

PUBLIC LAW NO 17-21

HOUSE BILL SSl

20

4

6

5

4

1

51

4

5

2

23

320 $5677593 $576487 $6256080

(b) The Rota Legislative Delegation shall determine by Local Delegation

Resolution the allocation of the funds appropriated for the First Senatorial District

(c) Except as provided in this section the Mayor of Rota shall have authority to

expend obligate encumber or otherwise eommit the funds appropriated to the First

Senatorial District Notwithstanding any law to the contrary the Mayor of Rota shall

have 100 reprogramming authority of the funds appropriated in this Act

Appropriations to the Municipal Council shall be divided and distributed equally to

each member of the Municipal Council Each Municipal Council member shall be the

expenditure authority of funds distributed to himlher Additionally in accord with the

Superior Courts decision in the case of Inos v Tenorio the Mayors shall also have

expenditure authority over resident government departments in the First and Second

senatorial districts respectively unless the Governor revokes expenditure authority in a

manner consistent with the Superior Courts holding in Inos v Tenorio to wit

expenditure authority over resident departments that are primarily concerned lith the

27

Aguiguan

17

PUBLIC LAW NO 17-21

BOUSE BILL 17-123 BDt SSt

I delivery of public services can be revoked only on a prior showing of just cause but

2 the Governor has discretion to revoke expenditure authority over those departments

3 that are primarily concerned with enforcing the law

4 (e) Rota Health Center Three hundred forty thousand ($34000000) from the

5 First Senatorial Districts budget appropriation is hereby allocated to pay for

6 professional services for nurses technicians and other medical and auxiliary

7 professionals as needed including one mental health counselor in the amount of Thirty

8 Three Thousand Dollars ($3300000)

9 (d) DPS Cadets One hundred seven thousand seven hundred eighty

10 ($10778000) from the First Senatorial Districts budget appropriation is hereby

11 allocated for five (5) Full Time Equivalents (FTEs) for the Rota Department of Public

12 Safety of the total 329 FTEs to fully fund the five (5) 2010 DPS Academy graduates

13 from the First District who shall be placed as FTEs within the Rota Department of

14 Public Safety Any shortfall for overtime retirement or benefits shall be borne by the

15 municipality

16 (e) Dentist Seventy-seven thousand two hundred dollars ($77200) from the

First Senatorial Districts budget appropriation is hereby allocated for one (1) Full

18 Time Equivalent (FTE) to hire a dentist

19 Section 706 Second Senatorial District - Tinian amp

20 (a) There is hereby appropriated the following amounts to fund the personnel

21 and non-personnel expenses of the Second Senatorial District as listed below

22 [j PERSONNEL OPERATIONS TOTAL

28

HDl

PERSONNEL

8

13

14

42

96

485

20

21

22

24

25

26

27

28

29

30

31

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 SSl

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 OPERATIONS TOTAL

5 Office of Gov 140

6 Attorney General

7 Commerce 32

Comm amp Cult Affairs 88

9 Corrections

10 Finance 163

11 Labor 44

12 Lands amp Natural Res 98

Public Health

Public Safety 258

15 Public Works 129

16 Total 1575 $45120729 $14184384 $593651l3

17 Section 705 First Senatorial District - Rota

18 (a) There is hereby appropriated the following amounts to fund the personnel

19 and non-personnel expenses as listed below of the First Senatorial District

FfE PERSONNEL OPERATIONS TOTAL

Mayor 99

Municipal Conn II

23 Commerce (econ Dev) 8

CampCA ]0

Police (DPS) 34

Fire 12

Finance amp Actg 3

Revenue amp Tax 3

Customs 6

Procurement amp Supply 2

Labor 7

26

17-123 HDl

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

] 6

17

18

19

20

21

22

23

24

25

26

Agriculture

Historic Preservation

Lands Regisamp Survey

Fish amp Wildlife

Parks amp Recreation

Soil amp Water Consv

Rota Health Center

Dental Services

DPH Med Referral

Environmental Health

Public Works

Total

PUBLIC LAW NO 17-21

HOUSE BILL SSl

20

4

6

5

4

1

51

4

5

2

23

320 $5677593 $576487 $6256080

(b) The Rota Legislative Delegation shall determine by Local Delegation

Resolution the allocation of the funds appropriated for the First Senatorial District

(c) Except as provided in this section the Mayor of Rota shall have authority to

expend obligate encumber or otherwise eommit the funds appropriated to the First

Senatorial District Notwithstanding any law to the contrary the Mayor of Rota shall

have 100 reprogramming authority of the funds appropriated in this Act

Appropriations to the Municipal Council shall be divided and distributed equally to

each member of the Municipal Council Each Municipal Council member shall be the

expenditure authority of funds distributed to himlher Additionally in accord with the

Superior Courts decision in the case of Inos v Tenorio the Mayors shall also have

expenditure authority over resident government departments in the First and Second

senatorial districts respectively unless the Governor revokes expenditure authority in a

manner consistent with the Superior Courts holding in Inos v Tenorio to wit

expenditure authority over resident departments that are primarily concerned lith the

27

Aguiguan

17

PUBLIC LAW NO 17-21

BOUSE BILL 17-123 BDt SSt

I delivery of public services can be revoked only on a prior showing of just cause but

2 the Governor has discretion to revoke expenditure authority over those departments

3 that are primarily concerned with enforcing the law

4 (e) Rota Health Center Three hundred forty thousand ($34000000) from the

5 First Senatorial Districts budget appropriation is hereby allocated to pay for

6 professional services for nurses technicians and other medical and auxiliary

7 professionals as needed including one mental health counselor in the amount of Thirty

8 Three Thousand Dollars ($3300000)

9 (d) DPS Cadets One hundred seven thousand seven hundred eighty

10 ($10778000) from the First Senatorial Districts budget appropriation is hereby

11 allocated for five (5) Full Time Equivalents (FTEs) for the Rota Department of Public

12 Safety of the total 329 FTEs to fully fund the five (5) 2010 DPS Academy graduates

13 from the First District who shall be placed as FTEs within the Rota Department of

14 Public Safety Any shortfall for overtime retirement or benefits shall be borne by the

15 municipality

16 (e) Dentist Seventy-seven thousand two hundred dollars ($77200) from the

First Senatorial Districts budget appropriation is hereby allocated for one (1) Full

18 Time Equivalent (FTE) to hire a dentist

19 Section 706 Second Senatorial District - Tinian amp

20 (a) There is hereby appropriated the following amounts to fund the personnel

21 and non-personnel expenses of the Second Senatorial District as listed below

22 [j PERSONNEL OPERATIONS TOTAL

28

17-123 HDl

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

] 6

17

18

19

20

21

22

23

24

25

26

Agriculture

Historic Preservation

Lands Regisamp Survey

Fish amp Wildlife

Parks amp Recreation

Soil amp Water Consv

Rota Health Center

Dental Services

DPH Med Referral

Environmental Health

Public Works

Total

PUBLIC LAW NO 17-21

HOUSE BILL SSl

20

4

6

5

4

1

51

4

5

2

23

320 $5677593 $576487 $6256080

(b) The Rota Legislative Delegation shall determine by Local Delegation

Resolution the allocation of the funds appropriated for the First Senatorial District

(c) Except as provided in this section the Mayor of Rota shall have authority to

expend obligate encumber or otherwise eommit the funds appropriated to the First

Senatorial District Notwithstanding any law to the contrary the Mayor of Rota shall

have 100 reprogramming authority of the funds appropriated in this Act

Appropriations to the Municipal Council shall be divided and distributed equally to

each member of the Municipal Council Each Municipal Council member shall be the

expenditure authority of funds distributed to himlher Additionally in accord with the

Superior Courts decision in the case of Inos v Tenorio the Mayors shall also have

expenditure authority over resident government departments in the First and Second

senatorial districts respectively unless the Governor revokes expenditure authority in a

manner consistent with the Superior Courts holding in Inos v Tenorio to wit

expenditure authority over resident departments that are primarily concerned lith the

27

Aguiguan

17

PUBLIC LAW NO 17-21

BOUSE BILL 17-123 BDt SSt

I delivery of public services can be revoked only on a prior showing of just cause but

2 the Governor has discretion to revoke expenditure authority over those departments

3 that are primarily concerned with enforcing the law

4 (e) Rota Health Center Three hundred forty thousand ($34000000) from the

5 First Senatorial Districts budget appropriation is hereby allocated to pay for

6 professional services for nurses technicians and other medical and auxiliary

7 professionals as needed including one mental health counselor in the amount of Thirty

8 Three Thousand Dollars ($3300000)

9 (d) DPS Cadets One hundred seven thousand seven hundred eighty

10 ($10778000) from the First Senatorial Districts budget appropriation is hereby

11 allocated for five (5) Full Time Equivalents (FTEs) for the Rota Department of Public

12 Safety of the total 329 FTEs to fully fund the five (5) 2010 DPS Academy graduates

13 from the First District who shall be placed as FTEs within the Rota Department of

14 Public Safety Any shortfall for overtime retirement or benefits shall be borne by the

15 municipality

16 (e) Dentist Seventy-seven thousand two hundred dollars ($77200) from the

First Senatorial Districts budget appropriation is hereby allocated for one (1) Full

18 Time Equivalent (FTE) to hire a dentist

19 Section 706 Second Senatorial District - Tinian amp

20 (a) There is hereby appropriated the following amounts to fund the personnel

21 and non-personnel expenses of the Second Senatorial District as listed below

22 [j PERSONNEL OPERATIONS TOTAL

28

Aguiguan

17

PUBLIC LAW NO 17-21

BOUSE BILL 17-123 BDt SSt

I delivery of public services can be revoked only on a prior showing of just cause but

2 the Governor has discretion to revoke expenditure authority over those departments

3 that are primarily concerned with enforcing the law

4 (e) Rota Health Center Three hundred forty thousand ($34000000) from the

5 First Senatorial Districts budget appropriation is hereby allocated to pay for

6 professional services for nurses technicians and other medical and auxiliary

7 professionals as needed including one mental health counselor in the amount of Thirty

8 Three Thousand Dollars ($3300000)

9 (d) DPS Cadets One hundred seven thousand seven hundred eighty

10 ($10778000) from the First Senatorial Districts budget appropriation is hereby

11 allocated for five (5) Full Time Equivalents (FTEs) for the Rota Department of Public

12 Safety of the total 329 FTEs to fully fund the five (5) 2010 DPS Academy graduates

13 from the First District who shall be placed as FTEs within the Rota Department of

14 Public Safety Any shortfall for overtime retirement or benefits shall be borne by the

15 municipality

16 (e) Dentist Seventy-seven thousand two hundred dollars ($77200) from the

First Senatorial Districts budget appropriation is hereby allocated for one (1) Full

18 Time Equivalent (FTE) to hire a dentist

19 Section 706 Second Senatorial District - Tinian amp

20 (a) There is hereby appropriated the following amounts to fund the personnel

21 and non-personnel expenses of the Second Senatorial District as listed below

22 [j PERSONNEL OPERATIONS TOTAL

28

PUBLIC LAW NO 17-21

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

Fisb amp Wildlife 2

PaIks amp Recreation 5

Environmental Health 4

Dental Services 3

Tinian Health Center 49

Police (DPS) 45

Public Works 2-

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 ofTinian 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

29

17-123

Mayor Saipan Mayor

Islands Saipan Municipal

PUBLIC LAW NO 17-21

HOUSE BILL HDl SSt

I Tenorio the Mayors shall also have expenditure authority over resident govenunent

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

II 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 of which $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 All Others for operations and office supplies

21 Section707 Third Senatorial District - of of the Northern

22 and and Northern Islands CounciL

30

p5fofff U

f

HDl

$34076 $27447 $61523

Agencies

a) 1st amp 1mJ SeRater) lUst fi9999 $369998

l137685 l26643 l16428

15

$279565

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 SSI

1 (a) There is hereby appropriated the following amounts to fund the persounel

2 and non-personnel expenses of the municipal governments ofSaipan and the Northern

3 Islands as listed below

4 ErE PERSONNEL OPERATIONS TOTAL

5 Saipao Mayor 48 $875509 $248240 $1123257

6 NI Mayor 11 $192849 $86716

7 Saipan Mun Council 1

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

(a) There is hereby appropriated the following amounts to fund the following

16

17

18

0

21

22

23

24

25

26

autonomous agencies as listed below

FTE PERSONNEL OPERATIONS TOTAL

NMC 160 $4099229 $364235 $4464464

MVA 36 $832531 $1780496 S261l027

PSS

ROE

Total

1113 $28521990 $2617529 $3140519

1312 $33591435 $5148903 $38740338

(h) Northern Marianas College

(1) The president of the Northern Marianas College shall

expenditure authority of the appropriated funds

be the

31

I

(2) TInee httnched sixty thottsand ($366666) of tile All Othes

ftllrepFiaties eftliil Mariasas Visit91s BYOIQ Baall alleGatIld as fellews

(i) Olle httntled wCffly tHetlslfIe ($129990) te sttBsidice the

ffitlfIeet TiBilfl as a lewist eestiaatieft ttneer the etpelitlimre ftII ef

the Chaiffftll eftlle MtIIiftllfts Visiters Atlthelit lind

(iii) Olll lumEifee twlflty tlieaBllml ($120000) t9 Pa tae

Rota tmder the elJleflditttre fttttherity ef tile Chairmas ef the MariasiilS

PUBLIC LAW NO 17-21

HOUSE BnL 17-123 HOI SSt

(c) Marianas Visitors Authority

2

I

(1) The chairman of the Board of Directors of the Marianas Visitors

3 Authority shall be the expenditure authority of the appropriated fimds

4

5

6

7

8

JeJ 10

11

I 12

13

14

15

16 (d) Public School System

17 (I) The expenditure authority shall be the Commissioner of Education

18 or hislher designee

19 (2) No part of funds appropriated to BU 1607 the Public School

20 System shall be used to pay for any expense including but not limited to travel

21 or reimbursement of the Board of Education its board members and staff

32

Independent Programs

1463483 0 1463483

15

16

17

19

24

27

PUBLIC LAW NO 17-21

SSt

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

11 Section 710

12 There is hereby appropriated the following amounts to fund the following

13 independent programs and activities as listed below

14 PERSONNEL OPERATIONS TOTALfIll

Ayuda Network 18417 18417

CommonweaUh Museum 4 395 40140 136535

Domestic Violence 36834 36834

18 Humanities Coullcil 4604 4604

JoetenlKiyu Public Library 7 128933 39674 168607

20 Marianas Bound Karidat 54147 54147

21 Micronesian Legal Legal Services - 18417 18417

22 Nat Gov Assoc 40518 40518

23 Public Assis Program 17577 17577

Govt Utilities 7539509 7539509

25 Judgment 76258 76258

26 La Fiesta Leasc 200000 200000

-Aetna R-Off amp Ret -

28 Total 11 1688811 8492643 10181454

33

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17 Programs

18

19

20

21

PUBLIC LAW NO 17-21

(a) loeten-Kiyu Public Library The expenditure authority shall be the

chairperson of the Commonwealth Library Council

(b) Public Assistance - Matching Funds Thc 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

(a) There is hereby appropriated the following amounts to the following other

programs as listed below

FTE PERSONNEL OPERATIONS TOTAL

NMIOICC $27476 o $27476

22 Ret Pension GovlLtGov $147506 o $147506

23 Ret PL5-3 (COLA) 413276 $413276

34

Department

$1055782

$2820886

Reporting Requirements

Compact Impact

65

19

23

24

35

PUBLIC LAW NO 17-21

SSt

1 Workers Comp Comm $121061 129648 $250709

2 Tolal $297751 $541216 $838967

3 Section 712 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

8 Total

9 FTE Ceiling

10 No fimds 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 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

of the reporting period

20 Section 714 Funds

21 Compact Impact fimds shall be used in accordance with the terms and

22 conditions set forth in the Grant Agreement and shall be used to defray qualified

expenses for the following activities

(a) Office of Public Defender $ 37151

1

2

3

4

5

(e) Department ofIublic Safety

Total

6

HOI

$ l157234

7

8

9

10

11

12 Severability

13

14

15

16 Savings

17

18

19

20

21

22

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 SSI

(b) Dept of Community amp Cultural Affairs $ 44616

(c) Dept of Corrections $ 154698

(d) Dept of Public Health $ 536744

$1930443

Section 715 Outside Sources

(a) Notwithstanding any law to the contrary the Governor is authorized to

transfer qualified operational expenses to available and unencumbered outside general

fund accounts not to exceed $3500000 which are hereby appropriated to pay for such

expenses

CHAPTER VIII GENERAL PROVISIONS

Section 801 If any provision of this Act or its application to any

person or circumstance is held invalid the invalidity does not affect other provisions

or applications of the Act which can be given effect without the invalid provision or

applications and to this end the provisions of this Act are severable

Section 802 Clause This Act and any repealer contained herein shall

not be construed as affecting any existing right acquired under contract or acquired

under statutes repealed or under any rule regulation or order adopted under the statutes

Repealers contained in this Act shall not affect any proceeding instituted under or

pursuant to prior law The enactment of this Act shall not have the effect of terrninating

or in any way modifying any liability civil or criminal which shall already be in

existence at the date this Act becomes effective

36

Ad p Evelyn c Fie House Clerk

ORIO

-----------------

iv ---f-+---CC+N-

I-G-N-O R

-F-I-T1AL=---- ---

dayof wCK-

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 HDI SSl

1 Section 803 Effective Date This Act shall become law upon its approval by the

2 Governor or it becoming law vithout such approval

OILAN C SPEAKER

rlfD vrp IotA-this

Governor Commonwealth of the Northern Mariana Islands

37

2010

17-123

Mayor Saipan Mayor

Islands Saipan Municipal

PUBLIC LAW NO 17-21

HOUSE BILL HDl SSt

I Tenorio the Mayors shall also have expenditure authority over resident govenunent

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

II 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 of which $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 All Others for operations and office supplies

21 Section707 Third Senatorial District - of of the Northern

22 and and Northern Islands CounciL

30

p5fofff U

f

HDl

$34076 $27447 $61523

Agencies

a) 1st amp 1mJ SeRater) lUst fi9999 $369998

l137685 l26643 l16428

15

$279565

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 SSI

1 (a) There is hereby appropriated the following amounts to fund the persounel

2 and non-personnel expenses of the municipal governments ofSaipan and the Northern

3 Islands as listed below

4 ErE PERSONNEL OPERATIONS TOTAL

5 Saipao Mayor 48 $875509 $248240 $1123257

6 NI Mayor 11 $192849 $86716

7 Saipan Mun Council 1

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

(a) There is hereby appropriated the following amounts to fund the following

16

17

18

0

21

22

23

24

25

26

autonomous agencies as listed below

FTE PERSONNEL OPERATIONS TOTAL

NMC 160 $4099229 $364235 $4464464

MVA 36 $832531 $1780496 S261l027

PSS

ROE

Total

1113 $28521990 $2617529 $3140519

1312 $33591435 $5148903 $38740338

(h) Northern Marianas College

(1) The president of the Northern Marianas College shall

expenditure authority of the appropriated funds

be the

31

I

(2) TInee httnched sixty thottsand ($366666) of tile All Othes

ftllrepFiaties eftliil Mariasas Visit91s BYOIQ Baall alleGatIld as fellews

(i) Olle httntled wCffly tHetlslfIe ($129990) te sttBsidice the

ffitlfIeet TiBilfl as a lewist eestiaatieft ttneer the etpelitlimre ftII ef

the Chaiffftll eftlle MtIIiftllfts Visiters Atlthelit lind

(iii) Olll lumEifee twlflty tlieaBllml ($120000) t9 Pa tae

Rota tmder the elJleflditttre fttttherity ef tile Chairmas ef the MariasiilS

PUBLIC LAW NO 17-21

HOUSE BnL 17-123 HOI SSt

(c) Marianas Visitors Authority

2

I

(1) The chairman of the Board of Directors of the Marianas Visitors

3 Authority shall be the expenditure authority of the appropriated fimds

4

5

6

7

8

JeJ 10

11

I 12

13

14

15

16 (d) Public School System

17 (I) The expenditure authority shall be the Commissioner of Education

18 or hislher designee

19 (2) No part of funds appropriated to BU 1607 the Public School

20 System shall be used to pay for any expense including but not limited to travel

21 or reimbursement of the Board of Education its board members and staff

32

Independent Programs

1463483 0 1463483

15

16

17

19

24

27

PUBLIC LAW NO 17-21

SSt

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

11 Section 710

12 There is hereby appropriated the following amounts to fund the following

13 independent programs and activities as listed below

14 PERSONNEL OPERATIONS TOTALfIll

Ayuda Network 18417 18417

CommonweaUh Museum 4 395 40140 136535

Domestic Violence 36834 36834

18 Humanities Coullcil 4604 4604

JoetenlKiyu Public Library 7 128933 39674 168607

20 Marianas Bound Karidat 54147 54147

21 Micronesian Legal Legal Services - 18417 18417

22 Nat Gov Assoc 40518 40518

23 Public Assis Program 17577 17577

Govt Utilities 7539509 7539509

25 Judgment 76258 76258

26 La Fiesta Leasc 200000 200000

-Aetna R-Off amp Ret -

28 Total 11 1688811 8492643 10181454

33

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17 Programs

18

19

20

21

PUBLIC LAW NO 17-21

(a) loeten-Kiyu Public Library The expenditure authority shall be the

chairperson of the Commonwealth Library Council

(b) Public Assistance - Matching Funds Thc 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

(a) There is hereby appropriated the following amounts to the following other

programs as listed below

FTE PERSONNEL OPERATIONS TOTAL

NMIOICC $27476 o $27476

22 Ret Pension GovlLtGov $147506 o $147506

23 Ret PL5-3 (COLA) 413276 $413276

34

Department

$1055782

$2820886

Reporting Requirements

Compact Impact

65

19

23

24

35

PUBLIC LAW NO 17-21

SSt

1 Workers Comp Comm $121061 129648 $250709

2 Tolal $297751 $541216 $838967

3 Section 712 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

8 Total

9 FTE Ceiling

10 No fimds 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 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

of the reporting period

20 Section 714 Funds

21 Compact Impact fimds shall be used in accordance with the terms and

22 conditions set forth in the Grant Agreement and shall be used to defray qualified

expenses for the following activities

(a) Office of Public Defender $ 37151

1

2

3

4

5

(e) Department ofIublic Safety

Total

6

HOI

$ l157234

7

8

9

10

11

12 Severability

13

14

15

16 Savings

17

18

19

20

21

22

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 SSI

(b) Dept of Community amp Cultural Affairs $ 44616

(c) Dept of Corrections $ 154698

(d) Dept of Public Health $ 536744

$1930443

Section 715 Outside Sources

(a) Notwithstanding any law to the contrary the Governor is authorized to

transfer qualified operational expenses to available and unencumbered outside general

fund accounts not to exceed $3500000 which are hereby appropriated to pay for such

expenses

CHAPTER VIII GENERAL PROVISIONS

Section 801 If any provision of this Act or its application to any

person or circumstance is held invalid the invalidity does not affect other provisions

or applications of the Act which can be given effect without the invalid provision or

applications and to this end the provisions of this Act are severable

Section 802 Clause This Act and any repealer contained herein shall

not be construed as affecting any existing right acquired under contract or acquired

under statutes repealed or under any rule regulation or order adopted under the statutes

Repealers contained in this Act shall not affect any proceeding instituted under or

pursuant to prior law The enactment of this Act shall not have the effect of terrninating

or in any way modifying any liability civil or criminal which shall already be in

existence at the date this Act becomes effective

36

Ad p Evelyn c Fie House Clerk

ORIO

-----------------

iv ---f-+---CC+N-

I-G-N-O R

-F-I-T1AL=---- ---

dayof wCK-

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 HDI SSl

1 Section 803 Effective Date This Act shall become law upon its approval by the

2 Governor or it becoming law vithout such approval

OILAN C SPEAKER

rlfD vrp IotA-this

Governor Commonwealth of the Northern Mariana Islands

37

2010

p5fofff U

f

HDl

$34076 $27447 $61523

Agencies

a) 1st amp 1mJ SeRater) lUst fi9999 $369998

l137685 l26643 l16428

15

$279565

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 SSI

1 (a) There is hereby appropriated the following amounts to fund the persounel

2 and non-personnel expenses of the municipal governments ofSaipan and the Northern

3 Islands as listed below

4 ErE PERSONNEL OPERATIONS TOTAL

5 Saipao Mayor 48 $875509 $248240 $1123257

6 NI Mayor 11 $192849 $86716

7 Saipan Mun Council 1

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

(a) There is hereby appropriated the following amounts to fund the following

16

17

18

0

21

22

23

24

25

26

autonomous agencies as listed below

FTE PERSONNEL OPERATIONS TOTAL

NMC 160 $4099229 $364235 $4464464

MVA 36 $832531 $1780496 S261l027

PSS

ROE

Total

1113 $28521990 $2617529 $3140519

1312 $33591435 $5148903 $38740338

(h) Northern Marianas College

(1) The president of the Northern Marianas College shall

expenditure authority of the appropriated funds

be the

31

I

(2) TInee httnched sixty thottsand ($366666) of tile All Othes

ftllrepFiaties eftliil Mariasas Visit91s BYOIQ Baall alleGatIld as fellews

(i) Olle httntled wCffly tHetlslfIe ($129990) te sttBsidice the

ffitlfIeet TiBilfl as a lewist eestiaatieft ttneer the etpelitlimre ftII ef

the Chaiffftll eftlle MtIIiftllfts Visiters Atlthelit lind

(iii) Olll lumEifee twlflty tlieaBllml ($120000) t9 Pa tae

Rota tmder the elJleflditttre fttttherity ef tile Chairmas ef the MariasiilS

PUBLIC LAW NO 17-21

HOUSE BnL 17-123 HOI SSt

(c) Marianas Visitors Authority

2

I

(1) The chairman of the Board of Directors of the Marianas Visitors

3 Authority shall be the expenditure authority of the appropriated fimds

4

5

6

7

8

JeJ 10

11

I 12

13

14

15

16 (d) Public School System

17 (I) The expenditure authority shall be the Commissioner of Education

18 or hislher designee

19 (2) No part of funds appropriated to BU 1607 the Public School

20 System shall be used to pay for any expense including but not limited to travel

21 or reimbursement of the Board of Education its board members and staff

32

Independent Programs

1463483 0 1463483

15

16

17

19

24

27

PUBLIC LAW NO 17-21

SSt

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

11 Section 710

12 There is hereby appropriated the following amounts to fund the following

13 independent programs and activities as listed below

14 PERSONNEL OPERATIONS TOTALfIll

Ayuda Network 18417 18417

CommonweaUh Museum 4 395 40140 136535

Domestic Violence 36834 36834

18 Humanities Coullcil 4604 4604

JoetenlKiyu Public Library 7 128933 39674 168607

20 Marianas Bound Karidat 54147 54147

21 Micronesian Legal Legal Services - 18417 18417

22 Nat Gov Assoc 40518 40518

23 Public Assis Program 17577 17577

Govt Utilities 7539509 7539509

25 Judgment 76258 76258

26 La Fiesta Leasc 200000 200000

-Aetna R-Off amp Ret -

28 Total 11 1688811 8492643 10181454

33

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17 Programs

18

19

20

21

PUBLIC LAW NO 17-21

(a) loeten-Kiyu Public Library The expenditure authority shall be the

chairperson of the Commonwealth Library Council

(b) Public Assistance - Matching Funds Thc 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

(a) There is hereby appropriated the following amounts to the following other

programs as listed below

FTE PERSONNEL OPERATIONS TOTAL

NMIOICC $27476 o $27476

22 Ret Pension GovlLtGov $147506 o $147506

23 Ret PL5-3 (COLA) 413276 $413276

34

Department

$1055782

$2820886

Reporting Requirements

Compact Impact

65

19

23

24

35

PUBLIC LAW NO 17-21

SSt

1 Workers Comp Comm $121061 129648 $250709

2 Tolal $297751 $541216 $838967

3 Section 712 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

8 Total

9 FTE Ceiling

10 No fimds 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 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

of the reporting period

20 Section 714 Funds

21 Compact Impact fimds shall be used in accordance with the terms and

22 conditions set forth in the Grant Agreement and shall be used to defray qualified

expenses for the following activities

(a) Office of Public Defender $ 37151

1

2

3

4

5

(e) Department ofIublic Safety

Total

6

HOI

$ l157234

7

8

9

10

11

12 Severability

13

14

15

16 Savings

17

18

19

20

21

22

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 SSI

(b) Dept of Community amp Cultural Affairs $ 44616

(c) Dept of Corrections $ 154698

(d) Dept of Public Health $ 536744

$1930443

Section 715 Outside Sources

(a) Notwithstanding any law to the contrary the Governor is authorized to

transfer qualified operational expenses to available and unencumbered outside general

fund accounts not to exceed $3500000 which are hereby appropriated to pay for such

expenses

CHAPTER VIII GENERAL PROVISIONS

Section 801 If any provision of this Act or its application to any

person or circumstance is held invalid the invalidity does not affect other provisions

or applications of the Act which can be given effect without the invalid provision or

applications and to this end the provisions of this Act are severable

Section 802 Clause This Act and any repealer contained herein shall

not be construed as affecting any existing right acquired under contract or acquired

under statutes repealed or under any rule regulation or order adopted under the statutes

Repealers contained in this Act shall not affect any proceeding instituted under or

pursuant to prior law The enactment of this Act shall not have the effect of terrninating

or in any way modifying any liability civil or criminal which shall already be in

existence at the date this Act becomes effective

36

Ad p Evelyn c Fie House Clerk

ORIO

-----------------

iv ---f-+---CC+N-

I-G-N-O R

-F-I-T1AL=---- ---

dayof wCK-

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 HDI SSl

1 Section 803 Effective Date This Act shall become law upon its approval by the

2 Governor or it becoming law vithout such approval

OILAN C SPEAKER

rlfD vrp IotA-this

Governor Commonwealth of the Northern Mariana Islands

37

2010

I

(2) TInee httnched sixty thottsand ($366666) of tile All Othes

ftllrepFiaties eftliil Mariasas Visit91s BYOIQ Baall alleGatIld as fellews

(i) Olle httntled wCffly tHetlslfIe ($129990) te sttBsidice the

ffitlfIeet TiBilfl as a lewist eestiaatieft ttneer the etpelitlimre ftII ef

the Chaiffftll eftlle MtIIiftllfts Visiters Atlthelit lind

(iii) Olll lumEifee twlflty tlieaBllml ($120000) t9 Pa tae

Rota tmder the elJleflditttre fttttherity ef tile Chairmas ef the MariasiilS

PUBLIC LAW NO 17-21

HOUSE BnL 17-123 HOI SSt

(c) Marianas Visitors Authority

2

I

(1) The chairman of the Board of Directors of the Marianas Visitors

3 Authority shall be the expenditure authority of the appropriated fimds

4

5

6

7

8

JeJ 10

11

I 12

13

14

15

16 (d) Public School System

17 (I) The expenditure authority shall be the Commissioner of Education

18 or hislher designee

19 (2) No part of funds appropriated to BU 1607 the Public School

20 System shall be used to pay for any expense including but not limited to travel

21 or reimbursement of the Board of Education its board members and staff

32

Independent Programs

1463483 0 1463483

15

16

17

19

24

27

PUBLIC LAW NO 17-21

SSt

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

11 Section 710

12 There is hereby appropriated the following amounts to fund the following

13 independent programs and activities as listed below

14 PERSONNEL OPERATIONS TOTALfIll

Ayuda Network 18417 18417

CommonweaUh Museum 4 395 40140 136535

Domestic Violence 36834 36834

18 Humanities Coullcil 4604 4604

JoetenlKiyu Public Library 7 128933 39674 168607

20 Marianas Bound Karidat 54147 54147

21 Micronesian Legal Legal Services - 18417 18417

22 Nat Gov Assoc 40518 40518

23 Public Assis Program 17577 17577

Govt Utilities 7539509 7539509

25 Judgment 76258 76258

26 La Fiesta Leasc 200000 200000

-Aetna R-Off amp Ret -

28 Total 11 1688811 8492643 10181454

33

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17 Programs

18

19

20

21

PUBLIC LAW NO 17-21

(a) loeten-Kiyu Public Library The expenditure authority shall be the

chairperson of the Commonwealth Library Council

(b) Public Assistance - Matching Funds Thc 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

(a) There is hereby appropriated the following amounts to the following other

programs as listed below

FTE PERSONNEL OPERATIONS TOTAL

NMIOICC $27476 o $27476

22 Ret Pension GovlLtGov $147506 o $147506

23 Ret PL5-3 (COLA) 413276 $413276

34

Department

$1055782

$2820886

Reporting Requirements

Compact Impact

65

19

23

24

35

PUBLIC LAW NO 17-21

SSt

1 Workers Comp Comm $121061 129648 $250709

2 Tolal $297751 $541216 $838967

3 Section 712 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

8 Total

9 FTE Ceiling

10 No fimds 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 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

of the reporting period

20 Section 714 Funds

21 Compact Impact fimds shall be used in accordance with the terms and

22 conditions set forth in the Grant Agreement and shall be used to defray qualified

expenses for the following activities

(a) Office of Public Defender $ 37151

1

2

3

4

5

(e) Department ofIublic Safety

Total

6

HOI

$ l157234

7

8

9

10

11

12 Severability

13

14

15

16 Savings

17

18

19

20

21

22

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 SSI

(b) Dept of Community amp Cultural Affairs $ 44616

(c) Dept of Corrections $ 154698

(d) Dept of Public Health $ 536744

$1930443

Section 715 Outside Sources

(a) Notwithstanding any law to the contrary the Governor is authorized to

transfer qualified operational expenses to available and unencumbered outside general

fund accounts not to exceed $3500000 which are hereby appropriated to pay for such

expenses

CHAPTER VIII GENERAL PROVISIONS

Section 801 If any provision of this Act or its application to any

person or circumstance is held invalid the invalidity does not affect other provisions

or applications of the Act which can be given effect without the invalid provision or

applications and to this end the provisions of this Act are severable

Section 802 Clause This Act and any repealer contained herein shall

not be construed as affecting any existing right acquired under contract or acquired

under statutes repealed or under any rule regulation or order adopted under the statutes

Repealers contained in this Act shall not affect any proceeding instituted under or

pursuant to prior law The enactment of this Act shall not have the effect of terrninating

or in any way modifying any liability civil or criminal which shall already be in

existence at the date this Act becomes effective

36

Ad p Evelyn c Fie House Clerk

ORIO

-----------------

iv ---f-+---CC+N-

I-G-N-O R

-F-I-T1AL=---- ---

dayof wCK-

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 HDI SSl

1 Section 803 Effective Date This Act shall become law upon its approval by the

2 Governor or it becoming law vithout such approval

OILAN C SPEAKER

rlfD vrp IotA-this

Governor Commonwealth of the Northern Mariana Islands

37

2010

Independent Programs

1463483 0 1463483

15

16

17

19

24

27

PUBLIC LAW NO 17-21

SSt

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

11 Section 710

12 There is hereby appropriated the following amounts to fund the following

13 independent programs and activities as listed below

14 PERSONNEL OPERATIONS TOTALfIll

Ayuda Network 18417 18417

CommonweaUh Museum 4 395 40140 136535

Domestic Violence 36834 36834

18 Humanities Coullcil 4604 4604

JoetenlKiyu Public Library 7 128933 39674 168607

20 Marianas Bound Karidat 54147 54147

21 Micronesian Legal Legal Services - 18417 18417

22 Nat Gov Assoc 40518 40518

23 Public Assis Program 17577 17577

Govt Utilities 7539509 7539509

25 Judgment 76258 76258

26 La Fiesta Leasc 200000 200000

-Aetna R-Off amp Ret -

28 Total 11 1688811 8492643 10181454

33

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17 Programs

18

19

20

21

PUBLIC LAW NO 17-21

(a) loeten-Kiyu Public Library The expenditure authority shall be the

chairperson of the Commonwealth Library Council

(b) Public Assistance - Matching Funds Thc 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

(a) There is hereby appropriated the following amounts to the following other

programs as listed below

FTE PERSONNEL OPERATIONS TOTAL

NMIOICC $27476 o $27476

22 Ret Pension GovlLtGov $147506 o $147506

23 Ret PL5-3 (COLA) 413276 $413276

34

Department

$1055782

$2820886

Reporting Requirements

Compact Impact

65

19

23

24

35

PUBLIC LAW NO 17-21

SSt

1 Workers Comp Comm $121061 129648 $250709

2 Tolal $297751 $541216 $838967

3 Section 712 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

8 Total

9 FTE Ceiling

10 No fimds 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 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

of the reporting period

20 Section 714 Funds

21 Compact Impact fimds shall be used in accordance with the terms and

22 conditions set forth in the Grant Agreement and shall be used to defray qualified

expenses for the following activities

(a) Office of Public Defender $ 37151

1

2

3

4

5

(e) Department ofIublic Safety

Total

6

HOI

$ l157234

7

8

9

10

11

12 Severability

13

14

15

16 Savings

17

18

19

20

21

22

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 SSI

(b) Dept of Community amp Cultural Affairs $ 44616

(c) Dept of Corrections $ 154698

(d) Dept of Public Health $ 536744

$1930443

Section 715 Outside Sources

(a) Notwithstanding any law to the contrary the Governor is authorized to

transfer qualified operational expenses to available and unencumbered outside general

fund accounts not to exceed $3500000 which are hereby appropriated to pay for such

expenses

CHAPTER VIII GENERAL PROVISIONS

Section 801 If any provision of this Act or its application to any

person or circumstance is held invalid the invalidity does not affect other provisions

or applications of the Act which can be given effect without the invalid provision or

applications and to this end the provisions of this Act are severable

Section 802 Clause This Act and any repealer contained herein shall

not be construed as affecting any existing right acquired under contract or acquired

under statutes repealed or under any rule regulation or order adopted under the statutes

Repealers contained in this Act shall not affect any proceeding instituted under or

pursuant to prior law The enactment of this Act shall not have the effect of terrninating

or in any way modifying any liability civil or criminal which shall already be in

existence at the date this Act becomes effective

36

Ad p Evelyn c Fie House Clerk

ORIO

-----------------

iv ---f-+---CC+N-

I-G-N-O R

-F-I-T1AL=---- ---

dayof wCK-

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 HDI SSl

1 Section 803 Effective Date This Act shall become law upon its approval by the

2 Governor or it becoming law vithout such approval

OILAN C SPEAKER

rlfD vrp IotA-this

Governor Commonwealth of the Northern Mariana Islands

37

2010

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17 Programs

18

19

20

21

PUBLIC LAW NO 17-21

(a) loeten-Kiyu Public Library The expenditure authority shall be the

chairperson of the Commonwealth Library Council

(b) Public Assistance - Matching Funds Thc 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

(a) There is hereby appropriated the following amounts to the following other

programs as listed below

FTE PERSONNEL OPERATIONS TOTAL

NMIOICC $27476 o $27476

22 Ret Pension GovlLtGov $147506 o $147506

23 Ret PL5-3 (COLA) 413276 $413276

34

Department

$1055782

$2820886

Reporting Requirements

Compact Impact

65

19

23

24

35

PUBLIC LAW NO 17-21

SSt

1 Workers Comp Comm $121061 129648 $250709

2 Tolal $297751 $541216 $838967

3 Section 712 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

8 Total

9 FTE Ceiling

10 No fimds 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 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

of the reporting period

20 Section 714 Funds

21 Compact Impact fimds shall be used in accordance with the terms and

22 conditions set forth in the Grant Agreement and shall be used to defray qualified

expenses for the following activities

(a) Office of Public Defender $ 37151

1

2

3

4

5

(e) Department ofIublic Safety

Total

6

HOI

$ l157234

7

8

9

10

11

12 Severability

13

14

15

16 Savings

17

18

19

20

21

22

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 SSI

(b) Dept of Community amp Cultural Affairs $ 44616

(c) Dept of Corrections $ 154698

(d) Dept of Public Health $ 536744

$1930443

Section 715 Outside Sources

(a) Notwithstanding any law to the contrary the Governor is authorized to

transfer qualified operational expenses to available and unencumbered outside general

fund accounts not to exceed $3500000 which are hereby appropriated to pay for such

expenses

CHAPTER VIII GENERAL PROVISIONS

Section 801 If any provision of this Act or its application to any

person or circumstance is held invalid the invalidity does not affect other provisions

or applications of the Act which can be given effect without the invalid provision or

applications and to this end the provisions of this Act are severable

Section 802 Clause This Act and any repealer contained herein shall

not be construed as affecting any existing right acquired under contract or acquired

under statutes repealed or under any rule regulation or order adopted under the statutes

Repealers contained in this Act shall not affect any proceeding instituted under or

pursuant to prior law The enactment of this Act shall not have the effect of terrninating

or in any way modifying any liability civil or criminal which shall already be in

existence at the date this Act becomes effective

36

Ad p Evelyn c Fie House Clerk

ORIO

-----------------

iv ---f-+---CC+N-

I-G-N-O R

-F-I-T1AL=---- ---

dayof wCK-

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 HDI SSl

1 Section 803 Effective Date This Act shall become law upon its approval by the

2 Governor or it becoming law vithout such approval

OILAN C SPEAKER

rlfD vrp IotA-this

Governor Commonwealth of the Northern Mariana Islands

37

2010

Department

$1055782

$2820886

Reporting Requirements

Compact Impact

65

19

23

24

35

PUBLIC LAW NO 17-21

SSt

1 Workers Comp Comm $121061 129648 $250709

2 Tolal $297751 $541216 $838967

3 Section 712 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

8 Total

9 FTE Ceiling

10 No fimds 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 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

of the reporting period

20 Section 714 Funds

21 Compact Impact fimds shall be used in accordance with the terms and

22 conditions set forth in the Grant Agreement and shall be used to defray qualified

expenses for the following activities

(a) Office of Public Defender $ 37151

1

2

3

4

5

(e) Department ofIublic Safety

Total

6

HOI

$ l157234

7

8

9

10

11

12 Severability

13

14

15

16 Savings

17

18

19

20

21

22

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 SSI

(b) Dept of Community amp Cultural Affairs $ 44616

(c) Dept of Corrections $ 154698

(d) Dept of Public Health $ 536744

$1930443

Section 715 Outside Sources

(a) Notwithstanding any law to the contrary the Governor is authorized to

transfer qualified operational expenses to available and unencumbered outside general

fund accounts not to exceed $3500000 which are hereby appropriated to pay for such

expenses

CHAPTER VIII GENERAL PROVISIONS

Section 801 If any provision of this Act or its application to any

person or circumstance is held invalid the invalidity does not affect other provisions

or applications of the Act which can be given effect without the invalid provision or

applications and to this end the provisions of this Act are severable

Section 802 Clause This Act and any repealer contained herein shall

not be construed as affecting any existing right acquired under contract or acquired

under statutes repealed or under any rule regulation or order adopted under the statutes

Repealers contained in this Act shall not affect any proceeding instituted under or

pursuant to prior law The enactment of this Act shall not have the effect of terrninating

or in any way modifying any liability civil or criminal which shall already be in

existence at the date this Act becomes effective

36

Ad p Evelyn c Fie House Clerk

ORIO

-----------------

iv ---f-+---CC+N-

I-G-N-O R

-F-I-T1AL=---- ---

dayof wCK-

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 HDI SSl

1 Section 803 Effective Date This Act shall become law upon its approval by the

2 Governor or it becoming law vithout such approval

OILAN C SPEAKER

rlfD vrp IotA-this

Governor Commonwealth of the Northern Mariana Islands

37

2010

1

2

3

4

5

(e) Department ofIublic Safety

Total

6

HOI

$ l157234

7

8

9

10

11

12 Severability

13

14

15

16 Savings

17

18

19

20

21

22

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 SSI

(b) Dept of Community amp Cultural Affairs $ 44616

(c) Dept of Corrections $ 154698

(d) Dept of Public Health $ 536744

$1930443

Section 715 Outside Sources

(a) Notwithstanding any law to the contrary the Governor is authorized to

transfer qualified operational expenses to available and unencumbered outside general

fund accounts not to exceed $3500000 which are hereby appropriated to pay for such

expenses

CHAPTER VIII GENERAL PROVISIONS

Section 801 If any provision of this Act or its application to any

person or circumstance is held invalid the invalidity does not affect other provisions

or applications of the Act which can be given effect without the invalid provision or

applications and to this end the provisions of this Act are severable

Section 802 Clause This Act and any repealer contained herein shall

not be construed as affecting any existing right acquired under contract or acquired

under statutes repealed or under any rule regulation or order adopted under the statutes

Repealers contained in this Act shall not affect any proceeding instituted under or

pursuant to prior law The enactment of this Act shall not have the effect of terrninating

or in any way modifying any liability civil or criminal which shall already be in

existence at the date this Act becomes effective

36

Ad p Evelyn c Fie House Clerk

ORIO

-----------------

iv ---f-+---CC+N-

I-G-N-O R

-F-I-T1AL=---- ---

dayof wCK-

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 HDI SSl

1 Section 803 Effective Date This Act shall become law upon its approval by the

2 Governor or it becoming law vithout such approval

OILAN C SPEAKER

rlfD vrp IotA-this

Governor Commonwealth of the Northern Mariana Islands

37

2010

Ad p Evelyn c Fie House Clerk

ORIO

-----------------

iv ---f-+---CC+N-

I-G-N-O R

-F-I-T1AL=---- ---

dayof wCK-

PUBLIC LAW NO 17-21

HOUSE BILL 17-123 HDI SSl

1 Section 803 Effective Date This Act shall become law upon its approval by the

2 Governor or it becoming law vithout such approval

OILAN C SPEAKER

rlfD vrp IotA-this

Governor Commonwealth of the Northern Mariana Islands

37

2010