Sixteenth Northern Marianas Commonwealth Legislature Fourth Regular Session, 2009 H.

SIXTEENTH NORTHERN MARIANAS COMMONWEALTH LEGISLATURE FOURTH REGULAR SESSION, 2009

H. B. NO. 16-275, HD2

A BILL FOR AN ACT 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 2010; and for other purposes. BE IT ENACTED BY THE SIXTEENTH NORTHERN MARIANAS COMMONWEALTH LEGISLATURE: CHAPTER 1. PRELIMINARY PROVISIONS. Section 101. Short Title. This Act may be cited as the “Appropriations and Budget

1 2

Authority Act of 2010.”

3

Section 102. Purpose. This Act appropriates local funds for the operations and

4

activities of the Government of the Northern Mariana Islands, its agencies, instrumentalities,

5

independent agencies and political subdivisions, and provides authority for government

6

corporations for Fiscal Year 2010 commencing October 1, 2010 and ending September 30,

7

2010.

8

Section 103. Definitions. As used in this Act:

9

(a) “B.U.” means business unit.

10 11 12

(b)

Government of the Commonwealth of the Northern Mariana Islands

includes: (1) Legislative Branch, which includes the following business units:

13

1722

House of Representative Salaries

14

[to be assigned] House Members Account & Employees

15

1754

House Leadership Account

16

1770

Legislative Bureau

17

1799

Retirement Fund Contribution

18

1593

Youth Congress

19

1762

Senator Salaries

20

[to be assigned] Senate Members Account & Employees

HOUSE BILL NO. 16-275, HD2

1

1764

2

17061 Legislative Utilities

3

Senate Leadership Account

(2) Judicial Branch, which includes the following:

4

1690

Superior Court

5

1691

Supreme Court

6

1692

Law Revision Commission

7

1694

Judicial Administration

8 9

(3) Executive Branch, which includes the following departments and offices: (A) Offices of the Governor, which includes business units:

10

1011

Office of the Governor

11

1021

Governor's Discretionary Account

12

1014

Management and Budget

13

1016

Administrative Services

14

1017

Governor's Press Secretary

15

1018

Programs and Legislation

16

1019

Emergency Management Office

17

1020 Youth Affairs

18

1023

Board of Parole

19

1026

Personnel Management

20

1027

Personnel Management - Tinian

21

1028

Personnel Management - Rota

22

1033

Scholarship Fund

23

1050

Lt. Governor's Office

24

1051

Lt. Governor's Discretionary Account

25

1190

Public Defender

26

1201

Carolinian Affairs

27

1202

Indigenous Affairs

28

1251

Veteran's Affairs

29

1260

Women's Affairs

30

1492

DEQ Environmental Protection 2

HOUSE BILL NO. 16-275, HD2

1

1493

DEQ Litter Control

2

1494

DEQ - Tinian

3

1495 DEQ - Rota

4

1496

DEQ Groundwater Protection

5

1555

Zoning

6

3501/1583

7

1584 CJPA

8

1915

9

WIA

Vocational Rehabilitation

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

10

1170

11

1185 AGO Consumer Counsel

12

1187

AGO - Investigations

13

1188

AGO - Special Investigations

14

1276

AGO - Immigration LIIDS

15

1290

AGO - Immigration - Saipan

16

1291

AGO - Immigration - Tinian

17

1292

AGO - Immigration - Rota

18

3490

AGO - Deportation Fund

19 20

Attorney General's Office

(C) Department of Community and Cultural Affairs, which includes business units:

21

1200

CCA - Secretary's Office

22

1220

CCA - Div./Youth Services

23

1223

CCA - Child Care Licensing Program

24

1230

CCA - Historic Preservation

25

1240 CCA - Office on Aging

26

1250

27

1252 CCA - LIHEAP

28

1270

CCA - Sports & Recreation

29

1557

Chamorro/Carolinian Language Commission

CCA - Council for Arts & Culture

3

HOUSE BILL NO. 16-275, HD2

1

(D) Department of Commerce, which includes business units:

2

1300

Commerce - Secretary's Office

3

1310

Commerce - Economic Dev

4

1331

Commerce - Central Statistics

5

1332

Commerce - ABTC

6

1333

Commerce - Enforcement

7

(E) Department of Corrections, which includes business units:

8 9

1335

Department of Corrections

(F) Department of Finance, which includes business units:

10

1100

DOF - Secretary's Office

11

1110

DOF Finance and Accounting SPN

12

1120

DOF Treasury

13

1130

DOF Revenue and Taxation - Saipan

14

1140

DOF Procurement -Saipan

15

1150

DOF Customs - Saipan

16

1160

DOF Electronic Data Processing

17

(G) Department of Labor, which includes business units:

18

1275

Labor - Secretary's Office

19

1280

Labor - Labor

20

1283

Administrative Hearing Office

21

1330

Labor - Employment Services

22

3430

Labor - Enforcement Fund

23 24

(H)

Department of Lands and Natural Resources, which includes

business units:

25

1400

DLNR - Secretary's Office

26

1410

DLNR - Agriculture - Saipan

27

1420

DLNR - Fish & Wildlife - Saipan

28

1440

DLNR - Parks & Grounds

29

1461

DLNR - Soil & Water (SPN & NI)

30

1467

DLNR - Land Registration & Survey 4

HOUSE BILL NO. 16-275, HD2

1

(I) Department of Public Health, which includes business units:

2

1804

DPH - Commonwealth Health Center

3

1878

DPH - Medical Supplies

4

1901

DPH - Secretary's Office

5

1905

DPH - Environmental Services (SPN)

6

1925

DPH - Mental Health & Social Services

7

1951

DPH - Medicaid Reimbursement

8

1952 DPH - CHIP

9

1970

DPH - Dental Services - Saipan

10

1976

DPH - General Public Health

11

1979

DPH - Medical Referral

12

1980

DPH - Medicaid Administration

13

1983

DPH - Children's Development & Assistance Center

14

1984

DPH - Transitional Living Center

15 16 17

(J) Department of Public Lands, which includes business units: 1950

Department of Public Lands

(K) Department of Public Safety, which includes business units:

18

1340

DPS - Commissioner's Office

19

1350

DPS - Police - Saipan

20

1362

DPS - Administrative Div

21

1365

DPS - Bureau of Motor Vehicles

22

1370

DPS - Investigative Div

23

1380

DPS - Fire

24

1390

DPS - Boating Safety

25

1360

DPS - Training and Academy

26

1361

DPS - Criminal Justice Information Systems

27

(L) Department of Public Works, which includes business units:

28

1470

DPW - Building Safety Code

29

1471

DPW - Secretary's Office

30

1480

DPW - Operations & Maintenance (SPN)

5

HOUSE BILL NO. 16-275, HD2

1

1484

DPW - Roads and Grounds Div.

2

1485

DPW - Solid Waste Management

3

1486

DPW - Trans/Auto/Heavy Equipment Div.

4

1490

DPW - Technical Services

5

(4) First Senatorial District (Rota) which includes the following business units:

6

1065

Office of the Mayor - Rota

7

1068

Mayor's Contingency Fund

8

1066

Municipal Council - Rota

9

1112

DOF - Finance & Acctg - Rota

10

1132

DOF - Revenue & Tax - Rota

11

1142

Finance - Procurement - Rota

12

1152

DOF - Customs - Rota

13

1232

Historic Preservation - Rota

14

1272

CCA - Sports & Recreation- Rota

15

1282

DOL - Labor - Rota

16

1312

Commerce - Economic Dev - Rota

17

1352

DPS - Police - Rota

18

1353

DPS - Property and Protection Fire

19

1412

DLNR - Agriculture - Rota

20

1422

DLNR - Fish & Wildlife - Rota

21

1442

DLNR - Parks & Recreation - Rota

22

1463

DLNR - Soil & Water Cons

23

1468

DLNR - Land Registration & Survey

24

1482

DPW - Operations & Maintenance - Rota

25

1523

Public Library - Rota

26

1912

DPH - Public Health - Rota

27

1957

DPH - Environmental Health - Rota

28

1989

DPH - Dental Services - Rota

29

3421

Youth Training

6

HOUSE BILL NO. 16-275, HD2

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(5) Second Senatorial District (Tinian and Aguiguan) which includes the following business units:

3

1063

Mayor of Tinian - Office

4

1067

Mayor's Contingency Fund

5

1064

Municipal Council - Tinian

6

1111

Finance & Accounting - Tinian

7

1131

DOF - Revenue & Tax - Tinian

8

1141

DOF - Procurement - Tinian

9

1151

DOF - Customs - Tinian

10

1231

CCA - Historic Preservation - Tinian

11

1271

CCA - Sports & Rec - Tinian

12

1281

Labor - Labor - Tinian

13

1311

Commerce - Economic Dev - Tinian

14

1351

DPS - Police - Tinian

15

1411

DLNR - Agriculture - Tinian

16

1421

DLNR - Fish & Wildlife - Tinian

17

1441

DLNR - Parks & Recreation - Tinian

18

1462

DLNR - Soil & Water Cons - Tinian

19

1481

DPW - Operations & Maintenance - Tinian

20

1524

Public Library - Tinian

21

1906

DPH - Public Health - Tinian

22

1907

DPH - Dental Services - Tinian

23

1911

DPH - Environmental Health - Tinian

24

3420

Youth Training

25 26

(6) Third Senatorial District (Saipan and the Northern Islands) which includes the following governmental offices:

27

1060

Mayor of Northern Islands

28

1061

Mayor of Saipan - Mayor's Office

29

1059

Mayor's Contingency Account

30

1062

Saipan and Northern Islands - Municipal Council

7

HOUSE BILL NO. 16-275, HD2

1 2

(7) All government corporations, as defined in 1 CMC § 7103 (n), for which budget authority is herein provided including the following:

3

(A) Commonwealth Development Authority

4

(B) Commonwealth Ports Authority

5

(C) Commonwealth Utilities Corporation

6

(D) Marianas Public Land Trust

7

(E) Marianas Visitors Authority

8

(F) Northern Marianas Housing Corporation

9

(G) Northern Marianas Retirement Fund

10 11

(H) Public Utilities Commission (8)

All other public and quasi-public entities, boards or commissions

12

incorporated or established pursuant to the Commonwealth Constitution or

13

Commonwealth law and including the following business units:

14

1540

Civil Service Commission

15

1551

Commission on Election

16

1556

Board of Professional Licensing

17

1600

Worker's Compensation Commission

18

1603 NMIOIC

19

1605

Northern Marianas College

20

3450

NMC - Apprentice Program

21

1606

Marianas Visitors Authority

22

1001

Board Of Education

23

1607

Public School System

24

(c) "Independent programs" means government programs under separate

25

boards established by law (unless receiving appropriations or budget authority under

26

another heading), specialized general items of appropriations, and those non-profit

27

corporations and associations or organizations established outside of the Government

28

of the Commonwealth of the Northern Mariana Islands to which the Commonwealth

29

Government provides financial assistance including business units:

8

HOUSE BILL NO. 16-275, HD2

1

1601

Governor / Lt. Gov. Pension

2

1602

Retirement COLA/ PL 5-3/8-39-25

3

1592

Joeten-Kiyu Public Library

4

1515

Public Assistance Program Matching Funds

5

1623

Judgments Against Government

6

3661

Commonwealth Museum

7

[to be assigned]

8

1517

Coastal Resources Management

9

1549

Council for the Humanities

10

1562

Ayuda Network

11

1564

Developmental Disabilities Council

12

1566

Flame Tree Arts Festival

13

1568

Domestic Violence

14

1570

National Governor's Association

15

1571 APIL/APPU

16

1577

Karidat

17

1580

Micronesian Legal Services

18

1589

Pacific Basin Development Commission

19

1591

Utilities - CNMI Government

20

1598

Agricultural Fair

21

1599

NMI Protection & Advocacy System

22

[to be assigned] Commission on Autism

23 24

La Fiesta Lease

(d) “Local funds” means locally generated revenues and revenues received pursuant to Section 702 (a) of the Covenant.

25

(e) “Operations” means appropriations for all lawful activities other than personnel.

26

(f) “Personnel” means appropriations for salaries, employer’s contribution to

27

the Northern Marianas Retirement Fund, the Defined Contribution Plan, overtime,

28

night differential, hazardous pay and other employee wages and benefits.

29

(g) “Position” or “Full-Time Equivalent” (FTE) means the maximum number

30

of persons that may be employed, pursuant to Article X, Section 7 of the

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HOUSE BILL NO. 16-275, HD2

1

Commonwealth Constitution but does not include Workforce Investment Agency,

2

substitute teachers, summer trainees, teacher aides, physicians, licensed professional

3

nurses and licensed allied health providers working part-time and paid only for

4

instructional time, student teacher trainees, or short-term specialized instructors, such

5

as visiting artists, performers, writers, and the like. For purposes of this exception,

6

“part-time” means employment not exceeding 40 hours in any biweekly pay period,

7

and “short-term” means not more than 90 instructional days employment within the

8

Public School System during the fiscal year.

9

CHAPTER II. ESTIMATED REVENUES

10

Section 201. Estimated Revenues. Pursuant to House Concurrent Resolution No.

11

16-2, as amended by House Concurrent Resolution No. 16-4, HD2, SD1, the total estimated

12

revenues and resources approved and identified for FY 2010 are as follows:

13

(a) Total identified budgetary resources

14

(b) Less revenue transfer to other funds:

$ 162,820,000

15

(1) PL 13-38 Cigarette Excise Tax to Tobacco Control

<$1,365,000>

16

(2) 10% Excise Tax Transfer to Solid Waste Revolving Fund

<$1,585,000>

17

Subtotal

18

(c) Less debt services previously appropriated:

19

(1) 2008A $60 million bond repayment

<$1,856,000>

20

(2) 2003A $40 million bond repayment

<$ 375,500>

21

(3) 2007A refunding bond payment

<$3,304,000>

22

(4) 2007B refunding bond payment

<$2,134,500>

23

<$2,950,000>

Subtotal

<$7,670,000>

24 25

(d) Less PL 16-7 diversion of MPLT funds to CUC

<$1,700,000>

26

(e) Net FY 2010 budgetary resources available for appropriation

$150,500,000

27

(f) Department of Public Land

$

28

Grand Total

3,011,018

$153,511,018

10

HOUSE BILL NO. 16-275, HD2

1

Section 202. Suspension of Earmarked Funds. Except for debt service obligations and

2

other earmarking of funds as permitted in Sections 201 of this chapter and notwithstanding any

3

law to the contrary, the earmarking, reservation, commitment, allotment, or allocation of funds

4

pursuant to the following statutory provision is hereby suspended for Fiscal Year 2010:

5 6 7 8

(a) Public Laws 15-5 and 14-54 (Non-resident Worker Fund Fees to NMC and PSS and 10% of Gaming Jackpot Tax to PSS); and (b) 4 CMC § 1508(a) and (b): 10% of General Fund poker fees to the Human Resources Development Fund [WIA] and 50% to the Retirement Fund.

9

Section 203. Marianas Visitors Bureau: alcholic beverage container tax and the hotel

10

occupancy tax to Marianas Visitors Authority. Pursuant to 4 CMC § 1803(b), 25% of the

11

alcoholic beverage container tax and 70% of the hotel occupancy tax shall be remitted to the

12

Marianas Visitors Bureau.

13

Section 204. Northern Mariana Islands Retirement Fund: hotel occupancy tax and

14

alcoholic beverage container tax. In accordance with the the Superior Court’s June 29, 2009

15

order in the case of Northern Mariana Islands Retirement Fund (NMIRF) v. Commonwealth of

16

the Northern Mariana Islands (CNMI), Civil Action No. 06-0367 and pursuant to 4 CMC §

17

1803(b), 30% of the hotel occupancy tax and 20% of the alcoholic beverage container tax shall

18

be remitted to the Northern Mariana Islands Retirement Fund to pay for the Commonwealth

19

government deficient employer’s contribution.

20

Section 205. Non/Outside General Fund Sources.

The earmarking, reservation,

21

commitment, allotment, or allocation of funds listed in the attached Appendix A shall be

22

suspended for Fiscal Year 2010. The governor is authorized to transfer qualified, operational

23

expenses to the appropriate accounts listed in Exhibit A, which are unencumbered not to

24

exceed the grand total as stated in said exhibit, provided that up to Three Million Three

25

Hundred Thousand Eight Hundred Eighty-Eight Dollars ($3,383,886) may be used for

26

operational expenses of the Department of Public Health to supplement its budget for

27

operations.

28

Section 206. Funds received to Cover Indirect Costs of Administering Federal Grants.

29

Any funds received by the Commonwealth government, except for public

30

corporations and autonomous agencies not funded by the General Fund, as indirect costs for

11

HOUSE BILL NO. 16-275, HD2

1

administering federal grants to be expended in Fiscal Year 2010 shall be identified and added

2

to each respective business unit account, and such business unit’s general fund appropriation

3

shall be reduced by the same amount. All funds realized from such reduction shall be remitted

4

to the Northern Mariana Islands Retirement Fund to pay the government’s deficient employer

5

contribution. The Secretary of Finance shall report all such funds remitted to the Northern

6

Mariana Islands Retirement Funds to the presiding officers of the legislature on a quarterly

7

basis.

8 9

CHAPTER III. GOVERNMENT CORPORATIONS AND DESIGNATED

10

AGENCIES/ACTIVITIES

11

Section 301. Appropriation and Budget Authority. Pursuant to 1 CMC § 7206 and as

12

provided herein, budget and expenditure authority for the following activities is hereby

13

approved. Expenditures in excess of the budget authority approved herein for agencies to

14

which public funds are appropriated shall not be incurred or committed, and hiring in excess

15

of FTE ceilings is prohibited, unless authorized by a legislative joint resolution in accordance

16

with Section 7, Article X of the N.M.I. Constitution.

17 18 19 20 21 22 23 24 25 26 27 28

ACTIVITIES (a) Commonwealth Development Authority (b) Commonwealth Ports Authority

FTE 15 198

PERSONNEL OPERATIONS 770,331

379,441

TOTAL 1,149,772

--------------------No Submission -------------------

(c) CNMI Gov’t Health & Life Ins. (d) Commonwealth Utilities Corporation

-----------------------Privatized-----------------------339

--------------------No Submission---------------------

(e) NMI Housing Corporation

23

1,015,347

1,116,862

2,132,209

(f) NMI Ret. Fund

21

1,510,853

54,149,198

55,660,051

(g) Office of the Public Auditor

33

1,921,636

724,900

2,646,536

(h) Public Utilities Commission

02

55,553

137,550

193,103

633

5,273,720

56,507,951

61,781,671

Grand Total:

29 30

Notwithstanding the above dollar amounts, the entities above shall expend only the lesser of

31

funds actually generated, collected or received, or the amounts indicated above. 12

HOUSE BILL NO. 16-275, HD2

1

Section 302. Reporting Requirement. The expenditure authorities of the foregoing

2

activities listed in Section 301 shall submit to the presiding officers of the legislature, at the

3

end of each quarter, an itemized report on the expenditures for personnel and operations of

4

each government entity, and the payments of the public auditor’s fee, for the quarter ended

5

and, if applicable, year-to-date totals as of the close of the reporting period.

6

CHAPTER IV. ADMINISTRATION OF APPROPRIATED FUNDS

7

Section 401. Management of Funds.

8

(a) The expenditure of the funds appropriated and allocated under this Act shall be

9

regulated and controlled by the Secretary of Finance so that no agency, department,

10

instrumentality, program, or activity may expend the funds contrary to the law or fiscal

11

management policies and practices of the Commonwealth. Provided further that, in addition

12

to the report required under 1 CMC §7209, the Secretary of Finance shall submit at the end of

13

each quarter, an itemized report on the expenditures for personnel and operations of each

14

business unit funded in whole or in part by the General Fund for the quarter ended and, if

15

applicable, year-to-date totals as of the close of the reporting period.

16

(b) In accordance with the provision in 1 CMC §7402(c) restricting the re-

17

programming of funds appropriated for non-personnel expenses to personnel expenses, the

18

Secretary of Finance shall monitor the expenditure of funds for personnel expenses, and shall

19

not approve any payment to be made from funds appropriated under this Act that would cause

20

the Commonwealth Government to exceed the $109,658,679 appropriated under this Act for

21

personnel expenses, except where necessary to pay unexpected overtime. The Secretary of

22

Finance shall report the payment of unexpected overtime to the Legislature at the time of its

23

occurrence.

24

(c) Personnel Appropriations.

In the absence of legislatively imposed austerity

25

Fridays and unpaid holidays, all expenditure authorities are hereby authorized to make

26

adjustments or changes to their personnel expenses within the limits of the personnel

27

appropriation of each respective business unit.

28 29

Section 402. Supplemental Retirement Fund Account.

Notwithstanding any law to

the contrary and in accordance with the the Superior Court’s June 29, 2009 order in the case

13

HOUSE BILL NO. 16-275, HD2

1

of Northern Mariana Islands Retirement Fund (NMIRF) v. Commonwealth of the Northern

2

Mariana Islands (CNMI), Civil Action No. 06-0367, there is hereby established a separate

3

Supplemental Retirement Fund (SRF) Account within the general fund for FY 2010. There is

4

hereby appropriated $3,510,000 to be deposited in to the said SRF Account, which shall be

5

used exclusively for the payment of the difference between the retirement contribution rate of

6

16% and 11% for all government employees funded by the general fund.

7

Section 403. Appendix B.

8

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

9

B” attached hereto and incorporated by reference herein, and in accordance with the fiscal

10

expenditure authority the listed agencies have pursuant to statute and the administrative

11

provisions of this Act.

12

(b)

Employment Ceilings.

Pursuant to Article X, § 7 of the Commonwealth

13

Constitution, the employment ceilings are hereby established and shall be in compliance with

14

“Appendix B” attached hereto.

15

Section 404. Expenditure Authority.

16

(a) Except as provided in this Act, the funds appropriated pursuant to this Act shall be

17 18 19

expended by the respective expenditure authority pursuant to 1 CMC §§ 7401 and 7503. (b)

For the Ground Water Management and Protection Act Fund, expenditure

authority is vested in the director of the Division of Environmental Quality.

20

(c) For all government agencies receiving appropriated funds for personnel or staff

21

housing, administrative and expenditure authority over housing and accompanying funds,

22

including but not limited to approval of lease agreements, is vested in the appropriate agency

23

officials designated by law as having expenditure authority.

24

(d) For the Domestic Violence Task Force, expenditure authority is vested in the

25

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

26

coordinator.

27 28 29 30

(e) For Crime Stoppers International, the chairperson of the board of the directors shall be the expenditure authority. (f) For Independent Programs, unless otherwise provided in this Act or in any other provision of law, expenditure authority shall be vested in the Secretary of Finance.

14

HOUSE BILL NO. 16-275, HD2

1

CHAPTER V. REPROGRAMMING AUTHORITY

2

Section 501. Reprogramming Authority

3

(a) Unless otherwise specified in this act, authority to reprogram appropriated funds

4 5

shall be as provided under 1 CMC §§ 7402 and 7504. (b) Appropriations for Utilities shall not be reprogrammed for any other purpose.

6 7

CHAPTER VI. SUPPLEMENTAL ADMINISTRATIVE PROVISIONS

8

Section 601. Utilities.

9

(a) Public Law 16-7. Section 4 of Public Law 16-7 is amended to read as follows:

10

“Section 4. Government Utilities Offset and Rebate of earmarked funds.

11

(a) Beginning October 1, 2009, CUC shall repay the earmarked funds in the

12

amount of $1,700,000 by offsetting the government utitlies monthly billing by

13

$140,000 until the total amount is paid in full; provided that $585,633.00 of the total

14

offset amount shall be allotted to pay PSS’s CUC billing account.

15

(b) Within 18 months of the effective date of this Act, CUC shall implement a

16

residential rate reduction or begin a residential consumer rebate program in the

17

amount of $3,400,000 $1,700,000. A total amount of $3,400,000 $1,700,000 shall be

18

expended by CUC for residential rate reduction or a residential customer rebate

19

program within 54 months of the effective date of this Act.”

20

(b) Except as provided in Chapter VII of this Act and Appendix B, the utility charges

21

for each branch, department, agency, or office shall be paid from the funds appropriated by

22

this Act to each respective branch, department, agency, or office. No appropriation for the

23

payment of utilities may be reprogrammed by the expenditure authority except for the

24

payment of utilities throughout the branch, department, agency or office.

25

Section 602. Conversion to Civil Service.

26

(a) The Mayor of Tinian and Aguiguan may transfer FTEs and the corresponding

27

personnel appropriation therefore from his office to resident departments of the Second

28

Senatorial District. All transferred FTEs shall be reclassified to positions within the civil

29

service, 1 CMC § 8131(12) notwithstanding. Within 30 days after the effective date of this

30

section, the Office of Personnel Management shall commence a desk audit on all positions to

15

HOUSE BILL NO. 16-275, HD2

1

be filled by the transferred FTEs to determine the appropriate classification or

2

reclassification, provided that the compensation for any position shall not be higher than the

3

personnel appropriation corresponding to the FTE. The Office of Personnel Management

4

shall report its desk audit findings and recommendations to the Legislature no later than

5

December 31, 2010.

6

(b) The Secretary of Finance is authorized to reprogram funds from the non-personnel

7

appropriation of the Second Senatorial District to pay for the desk audit authorized in this

8

section.

9

Section 603. FTE Vacancies.

10

(a) The disposition of vacant positions shall be in accordance with 1 CMC § 8135.

11

(b) Positions are not deemed vacant if the employee’s absence is due to military duty

12

or approved leave.

13

Section 604. Salary and Hiring Freeze and Housing Benefits.

14

(a) Notwithstanding any provision of law to the contrary, no person shall be hired in

15

any branch of the Commonwealth Government, including public corporations, municipalities,

16

boards, commissions, authorities and independent agencies, from and including the effective

17

date of this section until September 30, 2010, to fill an existing or vacant position, except that

18

this employment moratorium shall not apply to:

19

(1) Any government employment contract that is in effect as of the day prior

20

to the effective date of this Act, or the renewal or renewals of the contract for the same

21

employee. Subsection 604(b) shall apply in the case where an employee’s contract is

22

not renewed.

23

(2) The employment of the following:

24

(A) doctors, nurses, anesthesiologists, medical lab technicians,

25

midwives, therapists, psychologists, pharmacists, social workers and

26

counselors;

27

(B) policemen, firefighters, and non-administrative personnel of the

28

Department of Public Safety, Department of Corrections, and Division of

29

Youth Services; and

16

HOUSE BILL NO. 16-275, HD2

1

(C) classroom teachers, teacher aides, and college instructors and staff

2

related to institutional priorities.

3

(b) Subject to 1 CMC § 8135, any position not covered under Section 604(a) for

4

which a replacement hire is needed shall not be filled, unless the Governor, presiding officers

5

of the legislature, or chief justice, as the cause may be, certifies to the Governor and

6

legislature as appropriate, that the filling of the replacement vacant position is essential to the

7

delivery of public services and that appropriations are available for the full personnel costs

8

associated with filling the replacement vacant position.

9

(c) Notwithstanding any law or regulation to the contrary, all government salaries,

10

except for classroom teachers, are hereby frozen as of the first pay period following the

11

effective date of this Act. There shall be no increase, either direct or indirect, in the

12

compensation or the employment benefit of any official or employee of the Commonwealth

13

Government, including all boards, commissions, independent agencies, public corporations,

14

authorities, municipalities and all other government agencies and instrumentalities, under an

15

existing contract or renewed contract, including renewal contracts of employees under §

16

604(a)(2).

17

(d) Notwithstanding any law or regulation to the contrary and Section 604(c), no

18

housing allowance or benefit shall be granted to any government employee; however, such

19

housing benefit may be rolled into the salary of government employees as compensation.

20

(e) No employee of the Commonwealth Government, its branches, corporations,

21

commissions, autonomous and semi-autonomous agencies, municipalities, and all other

22

subdivisions and instrumentalities shall receive a salary higher than the salary cap under 1

23

CMC § 8248, except as provided therein, under this section or other law.

24

Section 605. Health Insurance Premiums.

25

The 1 CMC § 8363 and 8364 portion of health insurance premiums of participating

26

retirees of the Northern Marianas Retirement Fund shall be paid by the Retirement Fund, the

27

Board of Trustees of which is authorized to meet any operating shortfall arising from this

28

provision by drawing upon the Fund’s investment earnings and other assets. The government

29

shall continue to pay its existing share of government health insurance premiums for

30

subscribing employees enrolled in the government health and life insurance program. The

17

HOUSE BILL NO. 16-275, HD2

1

Secretary of Finance shall remit the government’s share to the Government Health and Life

2

Insurance Program at the Retirement Fund at the end of each pay period.

3

Section 606. Litigation Expenditures Restricted.

4

Except for the governor, the attorney general, the chief justice of the Commonwealth

5

supreme court, presiding officers of the legislature, mayors and municipal councils, and

6

notwithstanding any law to the contrary, no agency expenditure authority may use any part of

7

their appropriations in connection with prosecuting a legal matter against another agency,

8

unless authorized by the chief justice in the case of agencies within the judicial branch, the

9

governor in the case of agencies within the executive branch, and the presiding officers in the

10

case of agencies within the legislative branch, and mayors in the case of agencies under their

11

authority. The terms ‘agency’ and ‘agencies,’ as used in this section, shall be liberally

12

construed to include all instrumentalities and subdivisions of the Commonwealth

13

Government.

14

Section 607. Defined Contribution Retirement Plan.

15

Expenditure authorities shall administer personnel appropriations according to the

16

Defined Contribution Retirement Plan as established under Public Law 15-13 at 4% of gross

17

payroll.

18

Section 608. Defined Benefit Plan.

19

(a) Notwithstanding any law to the contrary and in accordance with the the Superior

20

Court’s June 29, 2009 order in the case of Northern Mariana Islands Retirement Fund

21

(NMIRF) v. Commonwealth of the Northern Mariana Islands (CNMI), Civil Action No. 06-

22

0367, Section 2(a) of Public Law 15-126, as amended by Public Law 16-32, is hereby

23

amended to read as follows:

24

“(a) Notwithstanding 1 CMC § 8362 or any other provision of law, the Public

25

School System (PSS) and employers of all government employees, including

26

autonomous agencies and public corporations, shall remit a retirement contribution of

27

at least 11% 16% of the total salary of the employee. Except as provided by law,

28

employer retirement contributions under this section shall be deducted from the

29

agency’s personnel appropriations.”

18

HOUSE BILL NO. 16-275, HD2

1

(b) The Northern Marianas Islands Retirement Fund shall pool all employer

2

contribution payments from the CNMI government for all its employees, notwithstanding 1

3

CMC § 8362 to the contrary. The employer contribution payments shall be used to pay up

4

deficient employer’s contributions for any employee, regardless of his or her employer, who

5

elected to retire prior to, and including, Fiscal Year 2010.

6 7

(d) The Northern Mariana Islands Retirement Fund shall liquidate assets held to cover any shortfall in retiree distributions.

8

Section 609. Public Auditor’s Fee.

9

The Public Auditor’s Fee shall be assessed at 1% (one percent) of the total

10

appropriations for each instrumentality, department, agency, corporation, and budget activity

11

of the CNMI Government that is subject to this fee assessment. Notwithstanding any law to

12

the contrary, any funds not expended by the Office of the Public Auditor shall be remitted to

13

the Northern Mariana Islands Retirement Fund at the end of the fiscal year to pay the

14

government’s deficient employer contribution.

15

CHAPTER VII. APPROPRIATIONS.

16

Section 701. In General.

17

(a) Funds designated in Chapter II as available for appropriation for FY 2010 are

18

hereby appropriated pursuant to this Chapter and as set forth in Appendix B.

19

(b) A business unit’s FTE ceiling shall be established in this Chapter and Appendix

20

B. No business unit shall exceed its FTE ceiling unless authorized by this Act or joint

21

resolution of the legislature.

22

(c) The Governor shall submit to the legislature the report as required under 1 CMC §

23

7209. Funds in excess of budgetary resources shall be appropriated to address any deficit

24

from past fiscal years.

25

Section 702. Judicial Branch.

26

(a)

27 28 29

There is hereby appropriated the following amounts to fund the personnel,

utilities, and non-personnel expenses as listed in Appendix B, of the Judicial branch: TOTAL

FTE

Personnel

Non-personnel

Utilities

Total Costs

74

$2,927,765

$300,042

$250,901

$3,478,708

19

HOUSE BILL NO. 16-275, HD2

1

(b) Commonwealth Superior Court.

2

(1)

Notwithstanding 1 CMC § 7401(e), expenditure authority of

3

appropriations to the Commonwealth Superior Court as provided in Appendix B under

4

B.U. 1690 is vested in the Presiding Judge or his duly authorized designee.

5

(c) Commonwealth Supreme Court.

6

(1) Except as provided in subsection 702(a)(1), expenditure authority for

7

appropriations to the business units in the Judicial Branch as provided in Appendix B

8

is vested in the Chief Justice or his duly authorized designee.

9

(d) Administrative Division. The budget of the Administrative Division includes:

10

(1) the utilities appropriation for the entire Judicial Branch.

11

Section 703. Legislative Branch.

12

(a) In accordance with Article II, §16(b) and (c) of the N.M.I. Constitution, as

13

amended by Legislative Initiative 10-8, the following amounts are hereby appropriated to

14

fund the personnel, utilities, retirement contribution, and non-personnel expenses as listed in

15

Appendix B, of the Legislative branch:

16 17

TOTAL

18

(b) Salaries of Legislative Members.

FTE

Personnel

Non-personnel

Utilities

Total Costs

208

$2,702,281

$3,024,612

$54,810

$5,781,703

19

(1) The amount of $828,837 appropriated under this section to the House of

20

Representatives under the budget class code “personnel” shall be used to fund the

21

salaries of the members of the House of Representatives. Employer contributions to

22

the retirement plans are provided for under Business Unit 1799 “Retirement

23

Contribution” in Appendix B.

24

(2) The amount of $372,977 appropriated under this section to the Senate

25

under the budget class code “personnel” shall be used to fund the salaries of the

26

members of the Senate. Employer contributions to the retirement plans are provided

27

for under Business Unit 1799 “Retirement Contribution” in Appendix B.

28 29

(3)

The expenditure authority for the amounts appropriated pursuant

subsections 703(b)(1) and 703(b)(2) shall be the Secretary of Finance.

20

HOUSE BILL NO. 16-275, HD2

1

(c) House Members’ Office Accounts and Employees.

2

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

3

business unit account entitled “House Members Office Accounts” for the

4

appropriation in the amount $1,786,714 under “All Others” as shown on page 1 of

5

Appendix B, and another new business unit account entitled “Senate Members Office

6

Accounts” for the appropriation in the amount of $804,021 under “All Others” as

7

shown on page 1 of Appendix B, under each of which an equal amount of the

8

appropriation shall be allocated to subaccount further established thereunder for each

9

member of the respective house for the operations of the member’s office as permitted

10

under section 16 of article II of the CNMI Constitution, applicable laws and the rules

11

of the legislative body to which the member was elected.

12

(2) Notwithstanding 1CMC §7401(c) to the contrary, each member shall be

13

the expenditure authority of the § 703(c)(1) funds allocated to their individual

14

subaccount.

15

(3) Section 703(c)(1) allocated funds are for the operation of the member’s

16

office, including, but not limited to, the personnel costs of the member’s employees

17

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

18

Senate member, or the adopted rules of the House of Representatives in the case of a

19

House member, such as a monthly stipend to defray travel and incidental expenses for

20

the purpose of attending to legislative business outside the member’s senatorial

21

district.

22 23 24

(4) Allocation of FTEs among House members shall be governed by the rules of the House. (5) Allocation of FTEs among Senate members shall be governed by the rules

25

of the Senate.

26

(d) Senate and House Leadership Accounts.

27

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

28

business unit accounts, one entitled “House Leadership Account” for the appropriation

29

in the amount of $99,511 under “All Others” as shown in Appendix B, and another

21

HOUSE BILL NO. 16-275, HD2

1

new business unit account entitled “Senate Leadership Account” for the appropriation

2

in the amount of $99,511 under “All Others” as shown in Appendix B.

3

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

4

designee, shall be the expenditure authority and shall use such funds to support the

5

operations and activities of the House of Representatives and Senate in accordance

6

with its rules, provided that the presiding officer distributes a portion of the total

7

appropriation in equal amounts to all the standing committees for their operations and

8

activities.

9

(e) Legislative Bureau. The expenditure authority of the funds appropriated for the

10

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

11

authorized designee. Notwithstanding any provision of law to the contrary, any funds not

12

expended by the Legislative Bureau under this section shall be remitted to the Northern

13

Mariana Islands Retirement Fund to pay the Legislative Bureau’s deficient employer

14

contribution.

15 16 17

(f) Northern Marianas Youth Congress. The expenditure authority is vested with the Speaker of the Northern Mariana Islands Youth Congress. (g) Legislative Utilities.

18

(1) The expenditure authority shall be the Director of the Legislative Bureau.

19

(2) Although treated as a separate business unit for ease of reference, the

20

appropriation of $54,810 under this business unit is incorporated as part of the overall

21

budget ceiling of the Legislative Branch as set forth in section 16 of article II of the

22

CNMI Constitution, and shall be utilized solely for the payment of utilities of the

23

Legislative Branch.

24 25

Section 704. Office of the Governor.

26

(a) There are hereby appropriated the following amounts to fund the personnel,

27

utilities, and non-personnel expenses of the offices, programs, and activities as listed in

28

Appendix B, of the Office of the Governor:

29 30

TOTAL

FTE

Personnel

Non-personnel

Utilities

Total Costs

152

$4,760,737

$3,809,516

$184,871

$8,775,124

22

HOUSE BILL NO. 16-275, HD2

1

Section 705. Office of the Attorney General.

2

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

3

and non-personnel expenses of the offices, programs, and activities as listed in Appendix B,

4

of the Office of Attorney General:

5 6

TOTAL

7

Section 706. Department of Commerce.

8

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

9

and non-personnel expenses to the divisions, offices, programs, and activities as listed in

10

FTE

Personnel

113

$2,935,026

Non-personnel

Utilities

Total Costs

$376,767

$14,664

$3,326,457

Appendix B, of the Department of Commerce:

11 12

TOTAL

13

Section 707. Department of Community and Cultural Affairs.

14

(a)

FTE

Personnel

Non-personnel

Utilities

Total Costs

27

$790,872

$44,433

$10,996

$846,301

There is hereby appropriated the following amounts to fund the personnel,

15

utilities, and non-personnel expenses of the divisions, offices, programs and activities as

16

listed in Appendix B, of the Department of Community and Cultural Affairs as follows:

17 18

TOTAL

19

(b) There is hereby established one additional FTE for a historian for the Division of

20 21 22

FTE

Personnel

Non-personnel

Utilities

Total Costs

83

$1,736,734

$343,670

$103,417

$2,183,821

Historic Preservation. (c) The executive director of the Commission shall be the expenditure authority of the funds appropriated for the Chamorro & Carolinian Language Commission.

23

Section 708. Department of Corrections.

24

(a)

There is hereby appropriated the following amounts to fund the personnel,

25

utilities, and non-personnel expenses of the offices, divisions, programs, and activities as

26

listed in Appendix B, of the Department of Corrections:

27 28

Corrections Office

FTE

Personnel

Non-personnel

Utilities

Total Costs

113

$2,673,833

$727,950

$246,524

$3,648,307

23

HOUSE BILL NO. 16-275, HD2

1

Section 709. Department of Finance.

2

(a)

There is hereby appropriated the following amounts to fund the personnel,

3

utilities, and non-personnel expenses of the offices, divisions, programs, and activities as

4

listed in Appendix B, of the Department of Finance:

5 6

TOTAL

7

(b) There is hereby established two additional FTE’s for accounting technician 2 for

8

FTE

Personnel

159

$3,720,839

Non-personnel

Utilities

Total Costs

$870,464

$101,885

$4,673,188

the Division of Treasury.

9

(c) The Department of Finance shall expend $50,000 of its non-personnel funds

10

specifically to pay for legal professional services for the Division of Procurement and Supply.

11

Section 710. Department of Labor.

12

(a)

There is hereby appropriated the following amounts to fund the personnel,

13

utilities, and non-personnel expenses to the divisions, offices, programs, and activities as

14

listed in Appendix B, of the Department of Labor:

15 16

FTE TOTAL

46

Personnel $1,062,466

Non-personnel

Utilities

Total Costs

$347,327

$118,772

$1,528,565

17 18

Section 711. Department of Land and Natural Resources.

19

(a)

There is hereby appropriated the following amounts to fund the personnel,

20

utilities, and non-personnel expenses of the offices, divisions, programs, and activities as

21

listed in Appendix B, of the Department of Lands and Natural Resources:

22 23

TOTAL

24

Section 712. Department of Public Health.

25

(a)

FTE 113

Personnel $2,394,101

Non-personnel

Utilities

Total Costs

$116,922

$82,747

$2,593,770

There is hereby appropriated the following amounts to fund the personnel,

26

utilities, and non-personnel expenses of the offices, divisions, programs, and activities as

27

listed in Appendix B, of the Department of Public Health:

28 29

TOTAL

FTE

Personnel

491

$21,323,169

Non-personnel

Utilities

Total Costs

$13,058,610

$1,294,405

$30,362,298

24

HOUSE BILL NO. 16-275, HD2

(b) There is hereby established three additional FTEs for the Division of Mental Health and Social Services for the positions of a mental health counselor, substance abuse professional, and a special assistant for grants management. (c) There is hereby established one additional FTE for the Transitional Living Center for the position of manager of the Transitional Living Center. Section 713. Department of Public Safety. 1

(a)

There is hereby appropriated the following amounts to fund the personnel,

2

utilities, and non-personnel expenses of the offices, divisions, programs, and activities as

3

listed in Appendix B, of the Department of Public Safety:

4 5

TOTAL

6

Section 714. Department of Public Works.

7

(a)

FTE

Personnel

200

$5,568,039

Non-personnel

Utilities

Total Costs

$1,076,759

$277,029

$6,921,827

There is hereby appropriated the following amounts to fund the personnel,

8

utilities, and non-personnel expenses of the offices, divisions, programs, and activities as

9

listed in Appendix B, of the Department of Public Works:

10 11

TOTAL

12

Section 715. First Senatorial District – Rota

13

(a)

14

FTE

Personnel

Non-personnel

Utilities

Total Costs

133

$2,943,088

$253,792

$539,093

$3,735,973

There is hereby appropriated the following amounts to fund the personnel,

utilities, and non-personnel expenses as listed in Appendix B, of the First Senatorial District:

15 16

TOTAL

17

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

18

expend, obligate, encumber or otherwise commit the funds appropriated to the First Senatorial

19

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

20

each member of the Municipal Council.

21

expenditure authority of funds distributed to him. Additionally, in accord with the Superior

22

Court’s decision in the case of Inos v. Tenorio, the Mayors shall also have expenditure

23

authority over resident government departments in the First and Second senatorial districts

FTE

Personnel

Non-personnel

Utilities

Total Costs

317

$6,465,978

$1,103,015

$271,632

$7,840,625

Each Municipal Council member shall be the

25

HOUSE BILL NO. 16-275, HD2

1

respectively unless the Governor revokes expenditure authority in a manner consistent with

2

the Superior Court’s holding in Inos v. Tenorio, to wit: expenditure authority over resident

3

departments that are primarily concerned with the delivery of public services can be revoked

4

only on a prior showing of just cause, but the Governor has discretion to revoke expenditure

5

authority over those departments that are primarily concerned with enforcing the law.

6

(c) The mayor is the sole authority to reprogram appropriations for utilities among

7

agencies within their district as needed; provided that, the Rota Municipal Council shall pay

8

for its own utilities from its appropriations under all others.

9 10

Section 716. Second Senatorial District – Tinian & Aguiguan (a)

There is hereby appropriated the following amounts to fund the personnel,

11

utilities, and non-personnel expenses as listed in Appendix B, of the Second Senatorial

12

District:

13 14

TOTAL

15

(b) The Mayor and the Chairperson of the Municipal Council shall have the

16

expenditure authority for appropriations for their respective offices. Each Municipal Council

17

chairperson shall allocate, and provide for the expenditure of, the funds appropriated to the

18

Council in accordance with the Official Rules of the Council. Additionally, in accord with the

19

Superior Court’s decision in the case of Inos v. Tenorio, the Mayors shall also have

20

expenditure authority over resident government departments in the First and Second

21

senatorial districts respectively unless the Governor revokes expenditure authority in a

22

manner consistent with the Superior Court’s holding in Inos v. Tenorio, to wit: expenditure

23

authority over resident departments that are primarily concerned with the delivery of public

24

services can be revoked only on a prior showing of just cause, but the Governor has discretion

25

to revoke expenditure authority over those departments that are primarily concerned with

26

enforcing the law.

FTE

Personnel

Non-personnel

Utilities

Total Costs

295

$6,995,820

$551,903

$287,089

$7,834,812

27

(c) The mayor is the sole authority to reprogram appropriations for utilities among

28

agencies within their district as needed including the utilities of the Tinian and Aguiguan

29

Municipal Council.

26

HOUSE BILL NO. 16-275, HD2

1 2

Section 717. Third Senatorial District – Mayor of Saipan; Mayor of the Northern Islands; and Saipan and Northern Islands Municipal Council.

3

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

4

and non-personnel expenses as listed in Appendix B, of the municipal governments of Saipan

5

and the Northern Islands:

6 7

TOTAL

8

(b) Mayor and the Chairperson of the Municipal Council shall have the expenditure

9

authority for appropriations for their respective offices. Each Municipal Council chairperson

10

shall allocate, and provide for the expenditure of, the funds appropriated to the Council in

11

accordance with the Official Rules of the Council.

FTE

Personnel

Non-personnel

Utilities

Total Costs

76

$1,453,636

$305,847

$20,929

$1,780,412

12

Section 718. Boards and Commissions.

13

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

14

and non-personnel expenses as listed in Appendix B, of the following boards and

15

commissions:

16 17

TOTAL

18

Section 719. Independent Programs.

19

(a)

FTE

Personnel

Non-personnel

Utilities

Total Costs

14

$456,953

$76,732

$3,813

$537,498

There is hereby appropriated the following amounts to fund the personnel,

20

utilities, and non-personnel expenses as listed in Appendix B, of the following independent

21

programs and activities:

22 23

TOTAL

24

(b) Joeten-Kiyu Public Library. The expenditure authority shall be the chairperson of

25 26 27

FTE

Personnel

Non-personnel

Utilities

Total Costs

11

$196,291

$971,705

$882,900

$2,050,896

the Commonwealth Library Council. (c) Public Assistance – Matching Funds. The expenditure authority shall be the Governor or his designee.

27

HOUSE BILL NO. 16-275, HD2

1

(d) Judgments against the Government. The expenditure authority shall be vested in

2

the Secretary of Finance in consultation with the Attorney General. There is hereby

3

appropriated $331,081 for all unpaid judgments; provided that the sum of $50,000 shall be

4

paid in the case of Indalecio v. CNMI, et al., Civil Action No. 03-0514E (Amended Entry of

5

Final Judgment dated May 12, 2008) and the sum of $90,000 shall be paid in the case of

6

Ocampo, et al. v. CNMI, Civil Actions No. 01-0229A, 01-0228E, 01-0227D, 01-0226C,

7

01-0225B, 01-0224A, 01-0223E, 01-0222D (Findings and Conclusions of Law dated

8

November 23, 2004). Payments made under this subsection shall be first applied toward the

9

principal amount of the outstanding judgments and then to the interest amount of the same

10 11 12 13 14 15 16 17 18

once the principal amount has been satisfied. (e) Commonwealth Museum. The chairperson of the Board of Governors of the Commonwealth Museum or his/her designee shall be the expenditure authority. (f) La Fiesta Lease. The Department of Finance shall assign a business unit number to this business unit. (g) Ayuda Network. The expenditure authority shall be the chairperson of the board of directors. (h) Developmental Disabilities Council. The executive director of the Developmental Disabilities Planning Agency shall be the expenditure authority.

19

(i) APIL/APPU

20

(j) KARIDAT. The executive director of Marianas Bound (KARIDAT) shall be the

21 22 23 24 25

expenditure authority. (k) Micronesian Legal Services. The executive director of the Micronesian Legal Services Corporation shall be the expenditure authority. (l) NMI Protection and Advocacy System, Inc. The executive director of the NMI Protection and Advocacy System, or his or her designee, shall be the expenditure authority.

26

(m) Commission on Autism. The chairperson of the Commission on Autism shall be

27

expenditure authority. There is hereby appropriated $40,000 for the personnel and operation

28

costs of the commission.

28

HOUSE BILL NO. 16-275, HD2

1

Section 720. Other Programs and Autonomous Agencies.

2

(a)

There is hereby appropriated the following amounts to fund the personnel,

3

utilities, and non-personnel expenses as listed in Appendix B, of the following other

4

programs, public corporations and autonomous agencies:

5 6

TOTAL

7

(b) Northern Marianas College.

8 9 10

FTE

Personnel

Non-personnel

Utilities

Total Costs

1,290

$38,571,057

$5,996,240

$2,507,424

$47,074,721

(1) The president of the Northern Marianas College shall be the expenditure authority of the appropriated funds. (2)

The utilities for the Northern Marianas College shall be paid from

11

appropriations under NMC’s “all others” account.

12

(b) Public School System.

13 14

(1) The expenditure authority shall be the Commissioner of Education or his/her designee.

15

(2) No part of funds appropriated to BU 1607 shall be used to pay for any

16

expense, including but not limited to travel or reimbursement, of the Board of

17

Education, board members or staff.

18

(3) Pursuant to Public Law 15-107, the Public Auditor’s Fee of 1% or

19

$344,596.00 of the PSS budget shall be used exclusively for the procurement of

20

textbooks.

21

(e) Board of Education. The chairperson of the Board of Education shall be the

22

expenditure authority of the appropriated funds.

23

(f) JROTC Fund. Notwithstanding any law to the contrary, the Commissioner shall

24

expend the JROTC funds pursuant to 3 CMC § 1192 as requested by the JROTC manager for

25

operations of each respective public high school. The Commissioner shall not withhold

26

reasonable requests for payment of operational expenses.

27

Section 721. Department of Public Lands

28

(a) Pursuant to Section 103 of Public Law 15-2, $3,093,874 is appropriated to the

29 30

Department of Public Lands as follows: Personnel:

$ 1,508,421 29

HOUSE BILL NO. 16-275, HD2

1

Operations:

$ 1,502,597

2

Total

$ 3,011,018

3

FTE Ceiling

62

4

No funds received or collected by or remitted to the Department of Public Lands pursuant to

5

Public Law 15-2 that is in excess of $3,011,018 appropriated in this section may be

6

reprogrammed or expended absent legislative appropriation.

7

Section 722.

Compact Impact Funds.

Because the Department of Corrections,

8

Department of Public Safety, the Northern Marianas College, and the Public School System

9

will be receiving American Recovery and Reinvestment Act funds for FY 2010, the

10

Legislature recommends that the total compact impact funds in the amount of $1,930,000 be

11

allocated to the Department of Public Health. CHAPTER VIII. GENERAL PROVISIONS

12 13

Section 801. Severability. If any provision of this Act, or its application to any person

14

or circumstance, is held invalid, the invalidity does not affect other provisions or applications

15

of the Act which can be given effect without the invalid provision or applications, and to this

16

end the provisions of this Act are severable.

17

Section 802. Savings Clause. This Act and any repealer contained herein shall not be

18

construed as affecting any existing right acquired under contract or acquired under statutes

19

repealed or under any rule, regulation or order adopted under the statutes. Repealers contained

20

in this Act shall not affect any proceeding instituted under or pursuant to prior law. The

21

enactment of this Act shall not have the effect of terminating, or in any way modifying, any

22

liability civil or criminal, which shall already be in existence at the date this Act becomes

23

effective.

24 25

Section 803. Effective Date. This Act shall become law upon its approval by the Governor or it becoming law without such approval.

Prefiled: 9/18/09 Date: September 22, 2009

Introduced By: /s/ Rep. Ray N. Yumul

30

HOUSE BILL NO. 16-275, HD2

/s/ Rep. David M. Apatang /s/ Rep. Diego T. Benavente /s/ Rep. Ralph DLG. Torres /s/ Rep. Stanley T. Torres /s/ Rep. Ramon A. Tebuteb

Reviewed for Legal Sufficiency by: /s/ Antonette R. Villagomez House Legal Counsel

31

APPENDIX A COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS AVAILABLE NON GENERAL FUND REVENUE SOURCES FY 2010 PROJECTION OF AVAILABLE BALANCES Available for 2010 BUIAcct. Fund 101 3 1931 1937 1956 1960 Total F u n d

Description

- Active Revolving Accounts Available

Balances:

PL12-48 DPH Env QuallSanit Revolving PL14-52 AGO Notary Public Act PL14-52 Court Notary Public Act Homeland Security O f i c e (indirect cosl)

Tobacco Control Fund Collections FY09 projected available 207 1 Total Fund Tobacco Settlement F u n d Collections FY09 projected available FY08 est 7650 Total Fund Solid Waste Revolving F u n d Available Balances Rota FY09 projected available-10% excise tax 2083 TIQ FY09 projected available-10% excise tax 2084 Total F u n d Grand Total

"Appendix B" FY2010 Budget Summary Sheet

Business Unit1 BranchlAgency

Business Unit #

NonPersonnel Non-Utilities

Personnel Costs

Maximum FTE's

Total NonPersonnel Costs

Total Utilities

Total Costs

Judicial Branch

1690 1691 1692 1694

Superior Court Supreme Court Law Revision Commission Judicial Administration

Total Judicial Branch

45 11 5 13

1,687,474 703,033 184,091 353,167

74

2,927,765

146,903 107,553 21,903 23,683

1

300,042

250,901

(

250,901

1,834,377 81 0,586 205,994 627,751

146,903 107,553 21,903 274,584

1

550,943

1

Total Amount Required From General Fund Appropriations

I I

1722 New New 1770 1799 1593 1762 New New 17061

Legislative Branch

House Member Account & Employees l~ouse leaders hi^ Account Leg~slativeBureau Retirement Fund Contribution Youth Congress Senator Salaries Senate Members Account & Employee I

20 100

828,837

33 0 1 9 45 0 0 208

Total Legislative Branch

I

1,367,594 111,612 21,261 372,977 I

I

1,786,714 99.511 215,894

1

-

18,961

18,961

804,021 99.51 1

804,021 99.51 1 54,810

I

I

54,810 2,702,281

I

1,786,714 99.51 1 215,894

3,024,612

1

54,810

1

I

1

3,079,422

Offices o f the Governor

10 11 102 1 1014 1016 1017 1018 1019 1020 1023 1026

Administrative Serv~ces Governor's Press Secretary Programs and Legislation Emergency Management Office Youth Affairs Board of Parole Personnel Management

1

828,837 1,786,714 99.51 1 1,583,488 111,612 40,222 372,977 804,021 99.511 54.810

5,781,703

I

\office of the Governor I~overnor'sDiscretionarv Account Management and Budget

3,478,708

1

12 0 7 23 2 3 24 2 4 18

517,219

(

I 281,031 561,924 72,383 1 13,776 518,306 61,058 110,211 630,056

261,246 63.853 2,559 277,159 659 1,036 5,196 556 34,742 72,265

1 1

I 88,487

42,493 1,811 16,049

261,246 63.853 2,559 365,646 659 1,036 47,689 556 36,553 88,314

1

1

5,781,703

Total Amount Required From General Fund Appropriations Executive Branch

]

I

House Of Representative Salaries

Senate Leadershro Account I~eqislativeUtilities

3,478,708

1 1

778,465 63.853 283,590 927,570 73,042 114,812 565,995 61,614 146,764 718,370

1

"Appenalx tc" ~ Y Z U I UBudget Summary Sheet

Business Unit/ BranchIAgency

Business Unit #

1300 131 0 1331 1332 1333

Maximum FT 12;s

-

Commerce Secretary's Office Commerce - Economic Dev Commerce - Central Statistics Commerce - ABTC Commerce - Enforcement

Total Department of Commerce

NonPersonnel Non-Utilities

Personnel Costs

Total Utilities

7 5 5 3 7

274,481 135,875 126,487 87,833 166,196

39,732 1,237 1,152 799 1,513

10,996

27

790,872

44,433

10,996

-

Total NonPersonnel Costs

Total Costs

50,728 1,237 1,152 799 1,513

325,209 137,112 127,639 88,632 167,709

55,429

846,301 846,301

Total Amount Required From General Fund Appropriations Community and Cultural Affairs

1200 1220 1223 1230 1240 1250 1252 1270 1557

9 37 2 5 11 4 2 8 5

CCA - Secretary's Office CCA - Div.Nouth Services CCA - Child Care Licensing Program CCA - Historic Preservat~on CCA - Oftice on Aging CCA - Council for Arts 8 Culture CCA - LIHEAP CCA - Sports 8 Recreation Chamorro/Carolinian Lang Comm

Total Community & Cultural Affairs

295,365 610,711 29,254 147,493 201,912 100.109 41,648 182,503 127,739

83

1,736,734

100,945 137,123 266 1,343 1,839 911 98,419 1,661 1,163

103,417

204,362 137,123 266 1,343 1,839 911 98,419 1,661 1,163

499,727 747,834 29,520 148,836 203,751 101.020 140,067 184,164 128,902

343,670

103,417

447,087

2,183,821 2,183,821

Total Amount Required From General Fund Appropriations

1

Department of Corrections

I

1335

-

-

I ~ e ~ a r t m eof n tCorrections ~

-

-

I

otal De~artment of Corrections

113

I

113

2.673.833

1

727.950

1

246.524

1

974,474

1

3,648,307 [

2,673,833

1

727,950

1

246,524

1

974.474

1

3,648.307

1

3,648,307

1

51 8,245 588,795 269,687 1.203.763 . 378,158 1,264,553 469.987

1

l ~ o t aAmount l Required From General Fund Appropriations Denartment Finance - -..... -.. - of -. . ... -. - -

1

1100 1110 1 120 1130 1140 1150 1160

DOF - Secretary's Office DOF Finance and Accounting SPN DOF Treasury

IDOF Revenue and Taxation - Saioan 1 DOF Procurement -Saipan DOF Customs - Saipan DOF Electronic Data Processina

7 21 8 46 12 60 5

1

265,682 561,960 183,392 1,054,985 . . 357,184 1,153,745 143.891

1

150,678 26,835 86,295 148,778 20,974 110,808 326.096

101,885

1

-

I

252,563 26,835 86,295 148.778 20,974 110,808 326.096

1

,

"Ap endix 6" FY2010 Budget Summary Sheet

Business Unit1 BranchlAgency

Business Unit #

Maximum FTE's

Total Department of Finance

NonPersonnel Non-Utilities

Personnel Costs

159

3,720,839

Total Utilities

870,464

101,885

Total NonPersonnel Costs

Total Costs

972,349

4,693,188 4,693,188

Total Amount Required From General Fund Appropriations

1

Denartment nf Labor

. 1283 1330 3430

Administrative Hearing Oftice Labor - Employment Services Labor - Enforcement Fund

Total Department of Labor

--

3 10 10

105,219 178,485 247,867

46

1,062,466

1

347,327

106,177 180,110 250,124

958 1,625 2,257

958 1,625 2,257

1

118,772

1

466,099

1

1,528,565 1,528,565

l ~ o t aAmount l Required From General Fund ~ p p r o p r i a t i o n s

1

Department of Land and Natural Resoul ---

1

1400 141 0 1420 1440 1461 1467

DLNR - Secretary's Ofice DLNR - Agriculture - Saipan ~ D L N R- Fish &Wildlife - Saioan DLNR - Parks & Grounds DLNR - Soil & Water (SPN & NI) DLNR - Land Res & Survey

Total Land and Natural Resources

1

6 40 12 38 2 15 113

1

244,849 801,786 294.049 703,475 34,208 315.734 2,394,101

1

1

16,240 7;300 2.677 87,519 31 2 2.874 116,922

82,747

1

1

-

82,747

I

1

98,987 7,300 2.677 87,519 312 2,874 199,669

l ~ o t aAmount l Required From General Fund Appropriations

1

1

343,836 809,086 296.726 790,994 34,520 318,608 2,593,770

1

2,593,770

1 Compact Impact Funding

Department of Public Health

1804 1878 1901 1905 1925 1951 1952 1970 1976

DPH - Commwealth Health Center DPH - Medical Supplies

-

DPH Secretary's Offce DPH - Environmental Serv (SPN) DPH - Mental Hlth & Soc Serv DPH Medicaid Reimbursement

-

DPH - CHIP DPH - Dental Services - Saipan DPH - General Public Health

1

380 0 15 15 14 0 0 18 12

16,109,826 2,471,940 361,601 331,561

638,858 452,167

6,411,025 1,840,211 608,598 3,293 3,019 3,746,442 399,393 33,798 4,116

1,294,405

6,411,025 1,840,211 1,903,003 3,293 3,019 3,746,442 399,393 33,798 4,116

22,520,851 1,840,211 4,374,943 364,894 334,580 3,746,442 399,393 672,656 456,283

Outside General Func Resources

1,930,000

& \

nppenolx u r YLU I U auager summary sneer

I

I Business Unit #

1

1979 1980

Business Unit/ BranchlAgency

I

DPH - Medical Referral

I Maximum FTE's

Personnel Costs

17

513.056 87.131

IDPH- Medicaid Administration

Total Department of Public Health

I

NonPersonnel Non-Utilities

1

21,323,169 1

491

4.671 793

I

1

13,058,610 1

( Total Non-

-

1

Personnel Costs

Total Utilities

I

1,294,4051

4.67 1 793

I

Total Costs

1

14,353,015 1

517.727 87,924

1

1

35,676,1841 1,930,000 1 3,383,886

Compact Impact 8 Outside General Fund Resources per Governor's Proposal

(5,313,886)

Total Amount Required From General Fund Appropriations

30,362,298

1

Department o f Public Safety

1

1340 1350 1362 1365 1370 1380 1390 1360 1361

DPS - Commissioner's Ofice DPS - Police - Saipan DPS - Administrative Div DPS - Bureau of Motor Vehicles DPS - Investigative Div DpS - Fire

~ D P S- Boatina Safetv 1 ~ D P S- Training and Academy ~DPS - Criminal Justice Information sy{

Total Department of Public Safety

6 82 12 10 14 72 4 0 0

200

1

454,333 2,098,401 31 5,848 197,781 447,628 1.955.037 99.011

1

5,568,039 1

770,945 19,105 5,988 1,801 4,075 17.800 901 256,144

277,029

1

1,076,759 1

-

1

277,029 1

770,945 19,105 283,017 1,801 4,075 17.800 901 256,144

/

1,353,788(

Total Amount Required From General Fund Appropriations

1,225,278 2,117,506 598,865 199,582 451,703 1.972.837 99.912 256,144

1

1 6,921,8271 6,921,827

Department of Public Works

-

Total Department of Public Works

133

2,943,0881

l ~ o t aAmount l Required From General Fund A ~ ~ r o p r i a t i o n s

253,792 1

539,093 1

792,885 1

-

3,735,973( 3.735.97fl

I . ,

6

"Appendix B" FY2010 Budget Summary Sheet

Business Unit/ BranchlAgency

Business Unit #

NonPersonnel Non-Utilities

Personnel Costs

Maximum FTE's

Total NonPersonnel Costs

Total Utilities

Total Costs

Compact

l ~ o t aExecutive l Branch

1

1,630

1

1

49,908,904

21,026,210

1

2,974,403

1

24,000,613

1

Compact Impact 8 Outside General Fund Resources per Governor's Proposal Total Amount Required From General Fund Appropriations

~

73,909,517 (5,313,886) 68,595,631

1,930,000

1

First Senatorial District

1468 1482 1523 191 2 1957 1989 3421

DLNR - Land Registration 8 Survey DPW - Operations 8 Maint - Rota Public Library - Rota DPH - Public Health - Rota DPH - Environmental Hlth - Rota DPH - Dental Services - Rota Youth Training

Total First Senatorial District

6 24 1 51 2 3 0

108,640 548,887 15,413 1,238,914 45,487 115,185

6,736 85,498 305 289,224 6,553 6,948

317

6,465,978

1,103,015

1

271,632

6,736 85,498 305 289,224 6,553 6,948

115,376 634,385 15,718 1,528,138 52,040 122,133

1,374,647

7,840,625

Total Amount Required From General Fund Appropriations

7,840,625

1

3,133,308

1

Second Senatorial District

I

1063

) ~ a ~ofoTinian r - Office -~

139

2,802,778

1

51,662

1

278,868

1

330,530

1

~

Outside General Fund Resources ~ d

3,383,886

i

HpDenolx E" t YLUI u maget summary sheet

Business Unit #

1067 1064 1111 1131 1141

Business Unit1 BranchIAgency Mayor's Contingency Fund Municipal Council - Tinian Finance 8 Accounting - Tinian DOF - Revenue & Tax - Tinian DOF - Procurement - Tinian

Maximum FTE's

0 6 3 2 2

NonPersonnel Non-Utilities

Personnel Costs

Total Costs

17,171 134,969 116,123 34,655 37,898

17,171 18,007 23,510 940 507

8,221

8,950 18,007 23,510 940 507

116,962 92,613 33,715 37,391

Total NonPersonnel Costs

Total Utilities

7,834,812

Total Amount Required From General Fund Appropriations

1059 1062

Mayor's Contingency Account Saipan and N.I. - Muncipal Council

Total Third Senatorial District

0 3

78,783

76

1.453.636

1

305,847

1

20.929

115,234

36,451

2,089

34,362

1

326,776

Total Amount Required From General Fund Appropriations

1

1,780,412

1

1,780,412

1

Boards and Commissions

1540 1551

Civil Service Commission Commission on Election

4 7

175,104 181,787

6,776 40,604

2,332 1,481

9,108 42,085

1

184,212 223,872

"Append~x6 FYZ010 Budget Summary Sheet

Business Unit1 BranchlAgency

Business Unit # 1556

Board of Professional Licensing

Total Boards and Commissions

Maximum FTE's

NonPersonnel Non-Utilities

Personnel Costs

3

100,062

14

456,953

Total NonPersonnel Costs

Total Utilities

76,732

129,414

29,352

29,352

1

Total Costs

1

3,813

1

80,545

Total Amount Required From General Fund Appropriations

1

1 537,498 1 537,498

lndependent Programs

1599

INMIProtection & Advocacy System

Total Independent Programs

5,717

0 11

196,291

971,705

882,900

5,717

5,717

1,854,605

2,050,896 2,050,896

l ~ o t aAmount l Required From General Fund A ~ ~ r o ~ r i a t i o n s

Utility Offset

Other Programs

1600 1601 1602 1603 1605 3450 1606

Worker's Comp. Commission Governor 1 Lt. Gov. Pension Retirement C O W PL 5-318-39-25 NMlOlC Northern Marianas College (actual) NMC - Apprentice Program Marianas Visitors Authority

1

5 0 0 1 113 19 36

138,465

29,178 4,632,432 880,452 955,597

45,699 192,505 539,354 266 303,185 124,164 1,700,839

8,527

54,226 192,505 539,354 266 303,185 124,164 1,700,839

192,691 192,505 539,354 29,444 4,935,617 1,004,616 2,656,436

I

nppenalx a

Business Unit #

tr

~ u i auager u summary sneet

Business Unitl BranchIAgency

New

Supplemental Retrrement Fund

1001 1607

PSS Totals not ~nclud~ng BOE

Personnel Costs

Maximum FTE's

Board Of Educat~on

Total Other Programs

a

1

NonPersonnel Non-Utilities

0

3,510,000

3 1 ,I13

121,017 28,303,910

1,290

(

38,571,051

Total NonPersonnel Costs

Total Utilities

Total Costs

331 0,000 18,990 3,071,238

1

5,996,240

1

2,498,897 2,507,424

1

18,990 5,570,135 8,503,664

1

l ~ o t aAmount l Reauired From General Fund A ~ ~ r o ~ r i a t i o n s

l ~ o t aBudgetary l Requirements

3,915

FTE's

109,678,679

33,356,306 Nonpersonnel Non Utilities

Personnel

7,253,901

40,610,207

Utilities

personnel

62

1,508,4211

Total Department of Public Lands

62

1,508,421

3,977

Including DPL

FTE's

Less: Department of Public Lands Less: Compact lmpact Funding Less: Outside General Fund Resources Total General Fund Requirements Total General Fund Estimated Resources Balance

111,187,100

Personnel

47,074,715

1

144,975,000

l ~ e ~ a r t m eof n tPublic Lands

Total Requirements

1

1

585,633

1,930,000

lmpact Funding

3,383,886

Outside GF Resources

5,313,886

l ~ o t aAmount l Reauired From General Fund A ~ ~ r o ~ r i a t i o n s Department of Public Lands -Self Funded

47,074,715

150,288,886 Tota I Requirements CC3A

Compact Impact & Outside General Fund Resources per Governor's Proposal

1950

140,007 33,874,045

1,502,5971

1,502,5971 1,502,597 34,858,903 Nonpersonnel Non Utilities

1

1,502,597 7,253,901

Utilities

42,112,804

Total Non Personnel

1

1

1 3,011,018 1 3.011.018

153,299,904

Total Requirements

1,930,000 Compact Impact Funding

3,383,886

Outside GF Resources

1