COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS
Eloy S. loos
Ralph DLG. Torres
Governor
Lieutenant Governor
o8 SEP 2015
Honorable Joseph P. Deleon Guerrero
Speaker, House of Representatives
Nineteenth Northern Marianas
Commonwealth Legislature
Saipan, MP 96950
Honorable Victor B. Hocog
Senate President, The Senate
Nineteenth Northern Marianas
Commonwealth Legislature
Saipan, MP 96950
Dear Mr. Speaker and Mr. President:
This is to inform you that I have signed into law House Bill No. 19-8, HD1, entitled, "To
prohibit boating while under the influence of alcohol;" which was passed by the House of
Representatives and the Senate of the Nineteenth Northern Marianas Commonwealth
Legislature.
This bill becomes Public Law No. 19-5. Copies bearing my signature are forwarded for your
reference.
Sincerely, ,
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~s.INtt--cc: Lt. Governor; Attorney General's Office; Public Auditor; Special Assistant for
Administration; Special Assistant for Programs and Legislative Review
Caller Box 10007 Saipan, MP 96950 Telephone: (670) 237-2200 Facsimile: (670) 664-221112311
Public Law No. 19-5
J{ouse of ~esentatif)eS
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19 NORTHERN MARIANAS COMMONWEALTH LEGISLATURE
P.o. BOX 500586
SAIPAN, MP 96950
August 21, 2015
The Honorable Eloy S. Inos
Governor
Commonwealth of the Northern
Mariana Islands
Capitol Hill
Saipan, MP 96950
Dear Governor Inos:
I have the honor of transmitting herewith for your action H. B. No. 19-8, HD1, entitled:
"To prohibit boating while under the influence of alcohol.", which was passed by the House of
Representatives and the Senate of the Nineteenth Northern Marianas Commonwealth
Legislature.
Sincerely yours,
Attachment
Public Law No. 19-5
:Nineteenth LelJisfature
oftlie
Commonweaftli of tli~ Nortliern !M.anana I sfands
IN THE HOUSE OF REPRESENTATIVES
First Regular Session
February 6, 2015
Representative Joseph Lee Pan T. Guerrero, of Saipan, Precinct 1 (for himself,) in an open and public meeting
with an opportunity for the public to comment, introduced the following Bill:
H. B. No. 19-8, HDI
AN ACT
TO PROHIBIT BOATING WHILI UNDIR THIINFLUINCI OF
ALCOHOL.
The Bill was referred to the House Committee on Judiciary and Governmental Operations, which
submitted Standing Committee Report 19-2; adopted May 22,2015.
THE BILL WAS PASSED BY THE HOUSE OF REPRESENTATIVES ON
FIRST AND FINAL READING, JUNE 4,2015;
with amendments in the form ofH. B. 19-8, HDI and transmitted to the
THE SENATE.
The Bill was referred to the Senate Committee on Health and Welfare.
THE BILL WAS PASSED BY THE SENATE ON FIRST AND FINAL READING, JULY 23, 2015;
without amendments.
H. B.19-8, HDI WAS RETURNED TO THE HOUSE OF REPRESENTATIVES ON JULY 27, 2015.
Public Law No. 19-5
:Nineteenth Legisfature
of the
Commonwealtli of the :Nortliern 5M.ariana IsfandS
IN THE HOUSE OF REPRESENTATIVES
First Day, Fourth Special Session
June 4, 2015
D. B. No. 19.8. DBI
AN ACT
'1'0 1)1l0DIIU'I' 1101''''INC. WDII~I~ IJNJ)IUI 'I'III~
INI~I~tJI~N(~I~ Ol~ AI~(~ODOL
Be it enacted by the Nineteenth Northern Marianas Commonwealth
Legislature:
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Section 1. Short Title. This Act may be cited as the "Commonwealth Boating Under
the Influence Act."
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Section 2. Findings and purpose. The current law prohibiting boating under the
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influence of alcohol is confusing to boaters and has proven difficult to enforce. Therefore, the
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Legislature finds that it is necessary pass a clear and enforceable law which will make the
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waters of the Commonwealth safer for everyone.
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In the waters of the Commonwealth, an impaired operator can quickly put himself and
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others in danger. Intoxication reduces coordination, judgment, and reaction time: three things
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which cannot be compromised when operating a vessel upon Commonwealth waters.
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However, it is not just the operator and passengers that are placed at risk by excessive
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consumption of alcohol. The waters of the Commonwealth are shared by fishermen,
Public Law No. 19-5
HOUSE BILL 19-8, HDI
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swimmers, divers, snorkelers, tourists, and many others. A single mistake could cost many
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lives, including the lives of rescuers. Simply put, boating while under the influence of alcohol
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threatens the safety of everyone enjoying the waters of the Commonwealth. Wherefore, the
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Legislature finds that it is necessary to prohibit boating while under the influence of alcohol.
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Section 3. Repeal. 3 CMC § 5454 (b) is hereby repealed.
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Section 4. Amendment. Subject to codification by the Law Revision Commission,
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Title 3, Division 5, Chapter 4 is amended by adding a new Article 3 to read as follows:
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"Article 3. Boating Under the Influence Prohibited.
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101. Definitions
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(a) "Conviction" means a final conviction, the payment of a fine, a plea of
guilty, or nolo contendere if accepted by the court.
(b) "Long-term incapacitating injury" means an injury that causes senous
impairment of a body function.
(c) "Open container" means any bottle, can, or receptacle containing an
alcoholic beverage which:
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(1) has been opened; or
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(2) has a seal broken; or
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(3) contents have been partially removed.
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(d) "Operate" means to be in control of a vessel while the vessel is under way
and is not secured in some manner such as being docked or at anchor.
(e) "Operator" means the person who is in control or in charge of a vessel
while that vessel is underway.
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Public Law No. 19-5
HOUSE BILL
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19-8, HDI
(f) "Owner" means a person who claims or is entitled to lawful possession of a
vessel by virtue of that person's legal title or equitable interest in a vessel.
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(g) "Peace Officer" means a person employed by the Department of Public
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Safety or otherwise empowered to enforce the Commonwealth Boating Under the
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Influence Act.
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(h) "Possess" means either actual possession of the open container or that the
person had dominion and control over the open container.
(i) "Vessel" means every description of watercraft used or capable of being
used as a means of transportation on water.
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(j) "Visibly Impaired" means that the person's ability to operate a vessel was
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so weakened or reduced by consumption of intoxicating liquor that the person
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operated the vessel with less ability than would an ordinary, careful, and prudent
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driver. Such weakening or reduction of ability must be visible to an ordinary and
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observant person.
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(k) "Waters of the Commonwealth" means any waters within the territorial
limits of the Commonwealth.
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102. Boating Under the Influence Prohibited.
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(a) It is unlawful for a person to operate a vessel on the waters of the
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Commonwealth if:
(1 )
the person is under the influence of intoxicating liquor or a
controlled substance, or both; or
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HOUSE BILL 19-8, HDI
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(2)
the person has a Blood Alcohol Concentration (BAC) of 0.08
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percent or more as measured by a breath or blood test.
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(b)
It is unlawful for a person to operate a vessel on the waters of the
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Commonwealth when, due to the consumption of an intoxicating liquor or a
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controlled substance, or both, the person's ability to operate the vessel is visibly
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impaired.
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(c) It is unlawful for the owner of a vessel or a person in charge or in control
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of a vessel to authorize or knowingly permit the vessel to be operated on the waters of
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the Commonwealth by a person who is under the influence of intoxicating liquor or a
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controlled substance, or both, or who has a Blood Alcohol Concentration (BAC) of
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0.08 percent or more as measured by a breath or blood test.
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(d) It is unlawful for the operator of a vessel to possess an open container of
alcohol.
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103. Presumptions.
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(a) The amount of alcohol in the operator's blood at the time alleged as shown
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by chemical analysis of the person's blood, urine, or breath gives rise to the following
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presumptions:
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(1) If at the time the operator had a Blood Alcohol Concentration
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(BAC) of 0.03 percent or less as measured by a breath or blood test, it shall be
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presumed that the operator's ability to operate a vessel was not impaired due to
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the consumption of intoxicating liquor and that the operator was not under the
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influence of intoxicating liquor.
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Public Law No. 19-5
HOUSE BILL
19-8, HDI
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(2) If at the time the operator had a Blood Alcohol Concentration
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(BAC) of more than 0.05 percent but less than 0.08 percent as measured by a
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breath or blood test, it shall be presumed that the operator's ability to operate a
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vessel was impaired within the provisions of Section 102 (b) due to the
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consumption of intoxicating liquor.
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(3) If at the time defendant had a Blood Alcohol Concentration (BAC)
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of 0.08 percent or more as measured by a breath or blood test, it shall be
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presumed that the defendant was under the influence of intoxicating liquor.
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(b) Admissible Evidence. A person's refusal to submit to a chemical test is
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admissible into evidence in any civil or criminal proceedings.
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104. Implied Consent.
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(a) A person who operates a vessel on the waters of the Commonwealth is
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considered to have given consent to chemical tests of his or her blood, breath, or urine
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for the purpose of determining the amount of alcohol or presence of a controlled
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substance, or both, in his or her blood if the person is arrested for violation of the
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Commonwealth Boating Under the Influence Act.
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(b) A person who is afflicted with hemophilia, diabetes, or a condition
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requiring the use of an anticoagulant under the direction of a physician shall not be
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considered to have given consent to the withdrawal of blood.
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(c) If a person refuses to consent to chemical tests of his or her blood, breath,
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or urine, then the peace officer will not perform the test without a warrant, unless
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Public Law No. 19-5
HOUSE BILL 19-8, HDI
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there are exigent circumstances that justify performing the test in the absence of a
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warrant.
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105. Chemical Tests and Analysis of Person's Blood.
The following will
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apply with respect to a chemical test and analysis of a person's blood, urine, or breath,
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other than a preliminary chemical breath analysis:
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(a) The amount of alcohol or presence of a controlled substance, or both, in an
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operator's blood at the time alleged as shown by chemical analysis of the person's
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blood, urine, or breath is admissible into evidence in any civil or criminal proceeding.
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(b) A sample or specimen of urine or breath shall be taken and collected in a
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reasonable manner. Only a licensed physician, or a licensed nurse or medical
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technician under the direction of a licensed physician, qualified to withdraw blood
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and acting in a medical environment, may withdraw blood at the request of a peace
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officer for the purpose of determining the amount of alcohol or presence of a
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controlled substance, or both, in a person's blood. A qualified person who withdraws
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or analyzes blood, or assists in the withdrawal or analysis, in accordance with this part
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is not liable for a crime or civil damages predicated on the act of withdrawing or
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analyzing blood and related procedures unless the withdrawal or analysis is
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performed in a negligent manner.
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106. Collection of Fines. Fifty percent of all fines collected for the violation
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of the Commonwealth Boating Under the Influence Act shall be distributed to the
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Department of Public Safety to offset the cost of administering the Boating Safety
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Public Law No. 19-5
HOUSE BILL
19-8, HDI
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Section. The remaining fifty percent of all fines collected shall be distributed in
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accordance with the law.
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107. Penalties.
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(a) Violation of Section 102 (a) or (c) of this Act is a misdemeanor punishable
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by a fine of up to $1,000, or imprisonment for up to one year, or both.
(b) Violation of Section 102 (b) or (d) of this Act is a misdemeanor punishable
by a fine of up to $500, or imprisonment for up to six months, or both.
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(c) A person who operates a vessel on the waters of the Commonwealth under
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the influence of intoxicating liquor or a controlled substance, or both, or with a Blood
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Alcohol Concentration (BAC) of 0.08 percent or more as measured by a breath or
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blood test, and by the operation of that vessel causes the death of another person is
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guilty of a felony, punishable by imprisonment for not more than 15 years, or a fine of
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not less than $2,500.00 or more than $10,000.00, or both.
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(d) A person who operates a vessel on the waters of the Commonwealth under
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the influence of intoxicating liquor or a controlled substance, or both, or with a Blood
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Alcohol Concentration (BAC) of 0.08 percent or more as measured by a breath or
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blood test, and by the operation of that vessel causes a serious impairment of a body
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function of another person is guilty of a felony, punishable by imprisonment for not
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more than 10 years, or a fine of not less than $1,000.00 or more than $5,000.00, or
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both. As used in this subsection, "serious impairment of a body function" includes,
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but is not limited to, one or more of the following:
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(1) Loss of a limb.
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Public Law No. 19-5
HOUSE BILL 19-8, HDI
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(2) Loss of a hand, foot, finger, or thumb or use of a hand, foot, finger,
or thumb.
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(3) Loss of an eye or ear or use of an eye or ear.
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(4) Loss or substantial impairment of a bodily function.
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(5) Serious visible disfigurement.
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(6) A comatose state that lasts for more than three days.
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(7) Measurable brain damage or mental impairment.
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(8) A skull fracture or other serious bone fracture.
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(9) Subdural hemorrhage or subdural hematoma.
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(e) Upon conviction for violation of any provision of the Boating Under the
Influence Act:
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(1) A person's license to operate a vessel in the Commonwealth may
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be revoked by the court for up to one year. Further, the person may also be
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prohibited from operating any vessel upon the waters of the Commonwealth
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for up to one year; and
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(2) A person's license to operate a motor vehicle within the
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Commonwealth may be revoked by the court for up to one year.
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108. Impoundment.
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(a) When an operator of a vessel is arrested for violation of the Boating Under
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the Influence Act, the Department of Public Safety may impound the vessel or, with
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the permission of the operator of owner of the vessel, the Department of Public Safety
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may turn the vessel over to a qualified passenger on the vessel.
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Public Law No. 19-5
HOUSE BILL 19-8, HDI
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(b) The Commonwealth and its employees will not be held liable for any
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damages resulting from the impoundment process or as a result of turning the vehicle
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over to a passenger on the vessel."
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Section S. Severability. If any provisions of this Act or the application of any such
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provision to any person or circumstance should be held invalid by a court of competent
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jurisdiction, the remainder of this Act or the application of its provisions to persons or
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circumstances other than those to which it is held invalid shall not be affected thereby.
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Section 6. Savings Clause. This Act and any repealer contained herein shall not be
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construed as affecting any existing right acquired under contract or acquired under statutes
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repealed or under any rule, regulation, or order adopted under the statutes.
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contained in this Act shall not affect any proceeding instituted under or pursuant to prior law.
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The enactment of the Act shall not have the effect of terminating, or in any way modifying,
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any liability, civil or criminal, which shall already be in existence on the date this Act
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becomes effective.
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Repealers
Public Law No. 19-5
HOUSE BILL 19-8, HDI
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Section 7. Effective Date. This Act shall take effect upon its approval by the
Governor, or its becoming law without such approval.
Attested to by:
Linda B. Muiia, House Clerk
Certified by:
ouse of
resentatives
th
19 Northern Marianas Commonwealth Legislature
,2015
ELOYS.INOS
Governor
Commonwealth of the Northern Mariana Islands
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