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SAPAN
REPLY T O
&aipan.f%tar~anade'lanbs 96950
Q
DEPT. o r A C T I V I T Y
The Honorable Eenigno R. F i t i a l
Speaker, House of Representatives
Third Northem Marianas (32KtmnWth
Legislature
Saipan, CM 96950
and
The Honorable Olyrrpio T. Eor ]a
President of the Senate
Third Northern Mianas n
legislature
Saipan, OM 96950
t
h
Dear Mr. Sge3ker and Mr. President:
It is indeed a great pleasure to inform you that I have just
signed House Bill No. 351, S.D.
1 into public Law No. 3-90.
House Bill .%J
351, S.D.l,entitled, "To revise, consolidate,
axlifil and set forth the general and pernunent laws relating
to and in force in the (2crinmMth
of the Northern M w i a
Islands and to enact the 'Xmmnwealth Code and f o r other
purposes," enables the approval and adoption of the
Ccxm~nwealthCode w h i c h w all have been anxiously amiting.
I'm sure you a l l join me in c x m w d h g the h w Revision
~ s s i o and
n its staff and all thosewho assisted, and
particularly Mr, Karl U & l v h s e professional supervision
and direction m d e the Camnwezlth Code a redlity-one that
we can all ke proud of.
Signed copies of Public Law No. 3-90 are forwarded herewith
for your ready reference.
Sincerely,
y1
CC : S p e cia1 Assistant
for Programs and Legislative Review
PUBLIC LAPI NO. 3-90
H.B.
NO.
351, S.D.l
THIRD NORTHERN MARIANAS COMMONWEALTH LEGISLATURE
FOURTH REGULAR SESSION, 1983
AN ACT
To revise, consolidate, codify and s e t forth the general and
permanent laws relating t o and in force in the Commonwealth
of the Northern Mariana Islands and t o enact the Commonwealth
Code and f o r other purposes.
Offered
Date:
Representatives
Luis M. Cepeda and Miguel M. Sablan
November 10, 1983
House Action
Referred to:
Committee on Judiciary and Governmental Operaticns
Standing Committee Report No. 3-166
F i r s t and Second Reading:
November 15, 1983
Finzl Reading:
December 20, 1983
Senate Action
Referred to:
Committee on Judiciary, Goyernment and Law
Standing Committee Report No. 3-273
Second and Final Reading:
December 13, 1983
Chief Clerk
House of Representatives
PUBLIC LAW NO. 3-90
THIRD NORTHERN MARIANAS COMMONWEALTH LEGISLATURE
HOUSE BILL NO. 351,
S.D.l
FOURTH REGULAR SESSION, 1983
AN ACT
To revise, consolidate, codify and s e t forth the general and
permanent laws relating to a ~ din force in the Commonwealth
of the Northern Mariana Islands and to enact the Commonwealth
Code and for other purposes.
B E IT ENACTEn BY THE NORTHERN MARIAN4S COMMONWEALTH LEGISLATURE:
Section
!.
Short
Title.
This Act may be cited as the Commonwealth
Code.
Section 2.
Commonweal t h Code:
Enactment.
There i s hereby enacted
the Commonwealth Code, consisting of the following:
( a ) T i t l e s 1 to 4. inclusive, which a r e attached
hereto and made a part hereof; and
(b) T i t l e 5, the Uniform Commercial Code of the
Northern Mariana I s l a ~ d s ,as enacted by Pub1 i c Law No.
3-56, Section 1, and as amended by Public Law No. 3-80,
Section 2, which i s hereby
recodified, as positive law
without change as T i t l e 5 of the Commonwealth Code; and
( c j T i t l e s 6, Divisions 1, 2, 3, 4, 5, 6, 7 and 8,
except those Trust Territory provisions subject to House
Bill 3-350 as passed by the .Senate on November 22, 1983;
T i t l e 7, Division 1, Chapter 1, Division 2 , Chapter 3;
T i t l e 8, Division 1, Chapter 6; and T i t l e 9 in i t s
e n t i r e t y , which are attached hereto and made a part
hereof and are herewith codified as positive law.
(d) The remaining provisions of T i t l e 7 and T i t l e
8 n o t included i n subsection ( c ) of t h i s Section 2,
which are attached hereto and made a part hereof.
PUBLIC L?W NO. 3-90
H.B.
Section 3 .
Commonwealth Code:
Application.
No. 351, S.D.l
This Code and a l l
amendments or additions to i t shall apply throughout the Commonwealth,
except as otherwise may be provided.
Section 4.
(a)
Commonwealth Code:
Legal Effect.
Except as provided in subsection 2(b) and ( c )
of t h i s Act in a l l courts, tribunals and public offices
of the United States, the severa! States, the several
T e r r i t o r i e s , Commonwealths and Possessions, and the
D i s t r i c t of Columbia, the matters s e t forth in the
Commonwezl t h Code establ ish prima facie the laws of the
Commonwealth of the Northern Mariana Islands, general
and permanent in nature, and i n force and e f f e c t on the
f i r s t day of November, 1983.
(b)
Whenever a provision of the Commonwealth Code
has been enacted into positive law, the t e x t thereof
shall be legal evidence of the laws contained therein i n
a l l courts, tribunals and public offices described in
subsection ( a ) of t h i s Section 4.
(c)
In case of any inconsistency arising through
omission or otherwise between the provis.ions of any
section of t h i s Code and the corresponding part of any
general and permanent law previously enacted and not
repealed, e f f e c t shall be given to those enactments.
(d) Copies of t h i s Code printed under the
authority of the Commonwealth Law Revision Commission
shall be legal evidence of the original Code.
Page 2
PUBLIC LAPI NO. 3-90
H.B.
Section 5.
(a)
Commonweal t h Code:
No. 351, S.D.l
Organization of Code.
This Code i s divided into nine Titles:
(1) T i t l e 1
(2)
-
Government.
T i t l e 2 .- Natural Resources.
(3) T i t l e 3
-
Human Resources.
(4) T i t l e 4
-
Economic Resources.
(5) T i t l e 5
-
Uniform Commercial Code.
7 8 -
(6)
Title 6
Crimes and Criminal Procedure.
(7)
Title
Civil Procedure.
(8) T i t l e
(9)
Title 9
-
Family Law and Probate.
Vehicles.
(b) Each T i t l e i s divided into:
(1) Divisions;
(2) Parts ( i n some instances);
(3) Chapters ;
( 4 ) Articles ( i n some instances); and
(5) Sections.
Section 6.
Commonweal t h Code:
Citation Form.
The Commonweal t h
Code may be cited by the abbreviation "CMC", preceded by the number
of the T i t l e and followed by the Section, Article, Chapter, Part or
For example, a Section may be cited
Division of xhe T i t l e referenced.
a s fol lows : 1 CMC $101.
Section 7.
_Commonwealth Code:
Effect of Headings, Annotations
and Comments.
fa1
T i t l e . division.
Page 3
art. chapter, a r t i c l e and
PUBLIC LAW hQ. 3-90
ti.B.
No. 351, S.D.l
section headings and tables of contents do not in any
manner a f f e c t the scope, meaning, or intent of the
provisions of t h i s Code.
(b)
Annotations and cornrnents are not part of the
law, b u t may be used to aid in the interpretation of the
law.
Section 8.
Commonwealth Code:
Provision Similar to Existing Law.
The provisions of t h i s Code, as f a r a s they are substantialiy the same
as existing law, shall be construed as continuations thereof and not as
new enactments.
Commonwealth Code:
Section 9.
Notwithstanding Section 4
Modification of Existing Laws.
of t h i s Act, provisions o f t h i s Code which
substantial l y a1 t e r law existing prior t o the effective date hereof shall
be given f u l l force and e f f e c t unless found t o be clearly erroneous in
l i g h t of the l e g i s l a t i v e history of the provisions in queskion.
Express.
cornrnents of the Law Revision Commission r e l a t i v e to a provision of t h i s
Code shali be given substantial weight.
Section 10.
Commonwealth Code:
Pelationship Cetween Code and
Temporary Laws.
( a ) All laws are permanent laws, except the
fol 1 owing classes, which are temporary laws:
(1 )
A1 1 appropriation laws ;
(2)
All laws w h i d h , because of the nature
of the subject matter, will cease to have any
25
e f f e c t a f t e r time which can be determined; and
Page 4
PUBLIC LAW NO. 3-90
H.B.
No. 351, S.D.l
( 3 ) All laws which, by t h e i r terns,
provide a specific termination date, or a
termination date which can be fixed in advance.
(b)
add t o
No temporary law shall repeal, modi :y,
or amend any portion of t h i s Code or the general and
permanent laws of the Commonwealth unless t h a t intent
i s expressly stated within the law.
If t h a t intent i s
expressly stated, the applicable portion of t h i s Code
or of the general and permanent laws of the Commonwealth
shall be automatically revised to i t s former s t a t e s upon
expiration of the tmporary law.
( c ) All temporary laws, unless specific intent
i s stated within them, a r e subject to the terms or
interpretations of t h i s Code or of the applicable
general and permanent laws of the Commonwealth.
Section 11.
Commonwealth Code:
Not Retroactive.
No part of t h i s
Code i s retroactive, unless expressly so stated.
Section 12.
Commonwealth Code:
Section Affected by Code.
No
actions e r proceedings commenced before t h i s Code or any of i t s
individual T i t l e s takes e f f e c t , and no right accrued i s affected by i t s
provisions, b u t proceedings therein must conform to the requirements of
t h i s Code, or any particular T i t l e , as f a r as possible.
Section 13.
Commonwealth Code:
Limitations.
When a limitations
or period of time prescribed in any existing law for acquiring a right
or barring a remedy, o r for any other purpose, has begun to run before
Page 5
PUBLIC LAW NO. 3-90
H.B.
No. 351, S.D.l
the applicable T i t l e of t h i s Code goes into e f f e c t , and the same or
any limitation i s prescribed by t h i s Code, the time which has already
run shall be deemed a part of the time prescribed as such limitation
by the applicable T i t l e of t h i s Code.
Section 14.
Commonweal t h Code:
References to Prior Laws.
References in any law, rule, regulations, executive order, or other
public document, referring to any section of prior laws, shall be
deemed t o refer to the comparable section within the Commonwealth
Code, i f such comparable sections have been reenacted in t h i s Code.
Section 15.
Extent of Revision of Codes and Supplements.
In
preparing the supplements, and in updating the dommonlveal t h Code, the
Law Revision Commission may:
( a ) Number and renumber chapters, sections and
parts of sections;
(b)
Rearrange sections so t h a t they f i t harmoniously
wi thin the Commonwea1.t.h Code;
( c ) Change reference numbers to agree with renumbered
chapters, parts or sections;
(d) Substitute the proper section or chapter numbers
f o r the terms ''the preceding section", " t h i s a c t " , and 1 ike
terms ;
( e ) Strike out figures where they a r e merely a
.
repi t i tion of written words;
( f ) Change capitalization for the purpose of
uniformity; and
Page 6
PUBLIC i A \ I NO. 3-90
H.B.
No. 351, S.D.l
( g ) Correct manifest c l e r i c a l o r typographical errors.
Section 16.
Severability.
I f any of the provisions of this Code,
o r the application thereof t o any person o r circumstance, i s held
i n v a l i d , t h a t i n v a l i d i t y shall not a f f e c t any other provision o r
application of this Code which can be given e f f e c t without the invalid
provision or application, and t o this end the provisions of this Code
a r e severable.
Section 17.
Commonwealth Code:
Effective Date.
This Code shall
take e f f e c t and be in force i n t h e Commonwealth on and a f t e r January 1 ,
1984.
ATTEST :
-
A
&
J
Q
4-440
- % ~ ~ n a c i o K. Qcichocho
Senate Legislative Secretary
Herbert S. Del Rosario
Chief Clerk
./
,
Pedro P. Tenorio.
,/
Governor
Commonwealth of the Northern Mariana Islands
Page 7