FOR OFF7.:rAL USE
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GOV. NMI SAIPAN
REPLY T O :
DEPT. or ACTIVITY
The Honorable Benigno R. Fitial
Speaker, House of Representatives
Third Northern lvlarianas conm-onwealth
Legislature
Saipan, CM 96950
and
The Honorable 0lyr;rpio T. Borja
President of the Senate
Third Northern Marianas Cmmnwealth
Legislature
Saipan, C?I 96950
Dear Mr. Speaker and Mr. President:
This is to inform you that I have signed into law House Bill
No. 323, entitled, "To extend the duration of the Cmmnwealth
Law Revision canmission, and for other purposes," which was
passed by the Third Northern Marianas Conmnwealth Legislature.
This measure becomes Public Law NO. 3-75. Copies bearing my
signature are forwarded herein for your reference.
Sincerely,
4
PUBLIC LAW NO. 3-75
THIRD NORTHERN MARIANAS COMMONWEALTH LEGISLATURE
HOUSE B I L L NO. 323
FOURTH REGULAR SESSIOY, 1983
AN ACT
To extend the duration of the Commonwealth Lav/ ~ e v i s i o nCommission,
and for other purposes.
BE IT ENACTED BY THE NORTHERN MARIA?IAS COCII1ONWEALTH LEGISLATURE:
Section 1.
Purpose.
The purpose of t h i s b i l l i s to extend the
duration of the Commonwealth Law Revision Commission beyond i t s
present expi ration date of September 10, 1983, a s presently determined
by Section 2(a) of Publ i c Law 2-11 and Section 3 of Publ i c La1.r 2-45
and, f u r t h e r , to authorize the Commission Chairman, subject to
Cofimission approval, to e i t h e r appoint an Executive Secretary or an
independent contractor to perfonn the essential technical and
administrative services for the Commission.
Section 2.
Section 2 ( a ) of Publ i c Law 2-11 i s amended to read as
f o l l ows:
" ( a ) The Commission shall have legal authority to
perform the duties and functions prescribed in t h i s
Act."
Section 3.
Section 2(c) of Public Law 2-11 i s amended to read as
f~llOwS:
" ( c ) Commission members requiring appointment shall
be appointed within t h i r t y (30) days of any vacancy.
Vacancies in the appointed men~bershipshall be f i l l e d
in the same manner as the original appointments.
All
appointed members serve a t the pleasure of the
appointing o f f i c i a l .
The Commission established under
PUBLIC L&l NO. 3-7 5
H.B.
No. 323
t h i s Act i s exempt from the provisions of T i t l e I ( a ) ,
Section l ( g ) , Public Law 1-8."
Section 4.
Section 2 ( f ) of Public Law 2-11 i s amended to read as
f o l l ows :
" ( f ) The Chairman may, with Comlnission approval, appoint
an Executive Secretary who shall be responsible for
providing technical and administrative services t o the
Commission in connection with research, preparation and
distribution of worki,ng papers and o f f i c i a l documents
o f the Commission, management of office a c t i v i t i e s , and
supervision of s t a f f .
The Executive Secretary shall be
a person qua1 ified by training and experience to perform
the functions prescribed above.
In 1ieu of appointing
an Executive Secretary, the Chairman may, with Comnission
approval, independently contract with a person qualified
by professional training and experience to perform the
essenti a1 technical and administrative services to the
Coinmi ssion in connection with research, preparation and
distribution of working papers and o f f i c i a l documents
of the Coinmission.
The Commission Chairman i s further
authorized to appoint, with Commission approval, such
professional, clerical and other s t a f f a s may be deemed
necessary t o accomplish the purposes of t h i s Act.
All
personnel appointed under t h i s Section shall be exempt
from the Civil Service and shall be employed according
Page 2
PUBLIC LAW NO. 3-75
H.8.
No. 3 2 3
to the terms of contracts entered between the
employee or independent contractor and t h 2
Commission.
No empl oyment agreement or other
contract shall be entered by the Commission
in the absence of a budgetary appropriation
authorizing expenditure of Conmission funds for
t h a t purpose."
Section 5.
Sections 3 ( f ) - ( h ) of Public Law 2-11 a r e amended and
Section 3 ( i ) i s renumbered as Section 3 ( j ) as follows.:
" ( f ) In accordance with Commission procedures,
prepare, adopt and submit to the Legislature and
the Governor such reports, recommendations, or
d r a f t legislation as are required by t h i s Act or
deemed by the Conimission to be appropriate.
In
adopting and transmitting reports the Corn~nission
shall include any minority reports of members not
concurring with the majority report;
"(g)
Budget proposals shall be submitted no l e s s
than ninety ( 9 0 ) days before thz beginning of a
new Commonw2alth Government fiscal year.
"(h) The Commission shall periodically transmit t o
the Legislature i t s recommendations f o r l e g i s l a t i v e
action on each subject area, a s the Commission
completes i t s work thereon.
Page 3
PUBLIC LAW NO. 3-7.5
H.B.
"(i)
No. 323
A f t e r each s u b j e c t o f l e g i s l a t i o n i s considered
by t h e L e g i s l a t u r e , t h e Comnission s h a l l c o d i f y and
supplement those laws then i n existence; and
" ( j) The Commission may accept grants, c o n t r i b u t i o n s
and o t h e r fundings f o r t h e purpose o f conducting
Commission a c t i v i t i e s , request and u t i l i z e a s s i s t a n c e
and support from o t h e r government o r p r i v a t e agencies
where necessary and proper, and do o t h e r l a w f u l and
p r o p e r a c t s i n o r d e r t o accomplish t h e purpose o f
t h i s Act."
S e c t i o n 6.
E f f e c t i v e Date.
T h i s Act s h a l l take e f f e c t upon
i t s approval by t h e Governor, o r upon i t s becoming l a w w i t h o u t such
approval; Provided, t h a t i n any event, i t s h a l l be deemed t o have
taken e f f e c t no l a t e r than September 10
ATTEST:
u
senate ~ e g i sal t i v e Secretary
Chief Clerk
Pedro P. T e n o r i d
/
Governor
Commonwealth o f t h e N o r t h e r n Mariana I s l a n d s
Page 4
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FOR OFFICIAL USE
CABLE ADDRESS
GOV. NMI SAIPAN
REPLY T O :
DEPT. or A C T I V I T Y
The Honorable Benigno R. Fitial
Speaker, House of Representatives
Third Northern Marianas Commonwealth
Legislature
Saipan, CP4 96950
and
The Honorable Olympio T. Borja
President of the Senate
Third Northern Marianas Commonwealth
Legislature
Saipan, CM 96950
Dear Mr. Speaker and Mr. President:
This is to inform you that I have signed into law
House Bill No. 318, H.D.1, entitled, "To amend
Section 9.16.030 of the Northern Mariana Islands
District Code, as amended by Public Law 3-33,
relative to removal of human remains, to empower
the Governor to resolve deadlock situations in
obtaining the "concurrent approval" from the
Director of Public Health and Environmental Services,
the Commonwealth Historic Preservation Officer and
the Mayor of the Senatorial District, to make the
Section applicable to both public and private land
within the Commonwealth of the Northern Mariana
Islands, and for other purposes," which was passed by
the Third Northern Marianas Commonwealth Legislature.
This legislation becomes Public Law No. 3-76. Copies
bearing my signature are forwarded for your ready
reference.
Sincerely,
c
PUBLIC LAW NO. 3-76
H.B. NO. 318, H.D.l
THIRD NORTHERN MARIANAS COMMONWEALTH LEGISLATURE
FOURTH REGULAR SESSION, 1983
AN ACT
To amend Section 9.16.030 of the Northern Mariana Islands District
Code, as amended by Publ i c Law 3-33, r e l a t i v e to removal of human
remains, to empower the Governor t o resol ve dead1 ock s i tuations
in obtaining the "concurrent approval'' from the Director of Publ i c
Heal t h and Environmental Services, the Commonweal t h Historic
Preservation Officer and the Mayor of the Senatorial District, t o
make the Section applicable to both public and private land within
the Commonwealth of the Northern Mariana Islands, and for other
purposes.
Offered by Representative
Date:
Misael H. Ogo
August 23, 1983
House Action
Referred to:
Committee on Health, Education and Welfare
Standing Committee Report No. 3-154
F i r s t Reading:
August 30, 1983
Second Reading:
September 1, 1983
Senate Action
Second and Final Reading:
September 7, 1983
Herbert S. Del Rosario
Chief Clerk
House of Representatives
PUBLIC LAW NO. 3-76
THIRD NORTHERN MARIANAS COMMONWEALTH LEGISLATURE
HOUSE BILL NO. 318,
H.D.l
FOURTH REGULAR SESSION, 1983
AN ACT
To amend Section 9.16.030 of the Northern Mariana Islands D i s t r i c t Code,
a s amended by Publ i c Law 3-33, r e l a t i v e t o removal of human remains, t o
empower the Governor t o resolve deadlock s i t u a t i o n s in obtaining the
"concurrent approval" from the Director of Public Health and
Environmental Services, the Commonwealth Historic Preservation Officer
and the Mayor of the Senatorial D i s t r i c t , t o make the Section applicable
t o both publ i c and private land within the Commonwealth of the Northern
Mariana Islands, and f o r other purposes.
BE IT ENACTED BY THE NORTHERN MARIANAS COMMONWEALTH LEGISLATURE:
1
Section 1.
Amendment.
Section 9.16.030 of the Northern Mariana
2
Islands D i s t r i c t Code, a s amended by Publ i c Law 3-33, i s hereby amended
3
t o read a s follows:
4
"9.16.030.
5
remains-permi t requi red-contents.
6
d e s i r e s t o dig, excavate o r search f o r human remains
7
shall f i r s t obtain a permit from the Director of
8
Pub1 i c Health and Environmental Services with
9
concurrent approval by the Commonwealth Historic
Excavating, digging or looking f o r
Any person who
10
Preservation Officer and the Mayor of the Senatorial
11
District.
12
in obtaining the "concurrent approval" by the two
13
o f f i c i a l s , the Governor shall make the f i n a l
14
determination.
15
shall contain the name of applicant, name of remains
16
t o be removed ( i f known), and from which the remains
17
a r e t o be removed, and the area t o which such removal
18
i s sought.
19
remains from both pub1 i c and private land within the
20
Commonweal t h of the Northern Mariana Is1 ands; Provided,
21
t h a t removal of remains from leased land under the
In a s i t u a t i o n where there i s a deadlock
All permits issued under t h i s Section
A permit shall be required f o r removal of
PUBLIC LAW NO. 3-76
H.B.
No. 318, H . D . l
-- -
1
c o n t r o l of t h e United S t a t e s s h a l l be made only with
2
t h e approval of t h e United S t a t e s . "
3
4
Section 2.
Section 9.16.040 of Chapter 9.16 of t h e
Northern Mariana I s l a n d s D i s t r i c t Code i s r e p e a l e d .
5
6
Repealer.
Section 3.
E f f e c t i v e Date.
This Act s h a l l take e f f e c t upon i t s
approval by t h e Governor, o r upon . i t s becoming law without such approval.
ATTEST:
I
Herbert S. Del Rosario
Chief Clerk
/
Governor
Commonwealth of t h e Northern Mariana I s l a n d s
Page 2