An Act to define “public purpose” pursuant to Section 1, Article X of the Commonwealth of the Northern Mariana Islands Constitution; and for other purposes (P.L. No. 11-84)

GOV. (HOUSE) COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS Pedro Tenorio Caller Box 10007 Saipan, MP 96950 Telephone: (670) 664-2200 Governor Jesus R . Sablan Fax: (670) 664-2211 Honorable Paul A. Manglona 2 Senate President Eleventh Northern Marianas Saipan, MP 96950 Commonwealth Legislature and The Honorable T. Benavente Speaker, House of Representatives Eleventh Northern Marianas Saipan, MP 96950 Commonwealth Legislature Dear Mr. President and Mr. Speaker: This is to inform you that I have signed into law Senate Bill No. 11-63, HD2, entitled, "To define "public purpose" pursuant to Section 1, Article X of the Commonwealth of the Northern Mariana Islands Constitution; and for other purposes," which was passed by the Eleventh Northern Marianas Commonwealth Legislature. Our Constitution requires that no taxes may be levied or appropriations of public money made except for a "public purpose". The Legislature is mandated by the Constitution to define public purpose. This measure provides that definition, and it is long overdue. The definition of public purpose must necessarily be broad enough to anticipate a variety of future circumstances, and yet specific enough to provide meaningful general guidelines against which to assess whether any particular purpose is for the public welfare generally. To avoid potential misinterpretation, the Legislature may wish to authorize the Secretary of Finance to promulgate rules and regulations which will provide specific guidelines in the implementation of this law. In addition, this law states that all government entities and public officials and employees with expenditure authority for public funds will be bound by this definition. Therefore, they must be conscientious in whether a particular expenditure is for a public purpose as the Legislature has defined it in this law. This bill becomes Public Law No. 11-84. Copies bearing my signature are forwarded for your reference. Sincerely , Governor CC: Secretary of Finance; Special Assistant for Management and Budget; Public Auditor; COMM. P. Lt. Governrhe UL 1 1999 J . Diego determining SAPLR NORTHERN MARIANAS COMMONWEALTH LEGISLATURE P.O. Box 129 Saipan, MP 96950 Honorable Pedro P. Tenorio Governor Commonwealth of the Northern Manana Islands Saipan, MP 96950 Dear Governor Tenorio: I have the honor to transmit herewith for your action one (1) original copy of Senate Bill No. 11-63, H.D.2, entitled, “A Bill for an Act To define “public purpose” pursuant to Section 1, Article X of the Commonwealth of the Northern Mariana Islands Constitution; and for other purposes. which was passed by the Senate and the House of Representatives of the Eleventh Northern Marianas Commonwealth Legislature. Sincerely, SECRETARY Attachment .. ,, ,Jllli, .. ·1 'if 1999 'I1ie Senate PUBLIC LAW ID. 11-84 " THE SENATE ELEVENTH NORTHERN MARIANAS COMMONWEALTH LEGISLATURE FIRST SPECIAL SESSION, 1999 11-84 SENATE BILL NO. 11-63, H.D.2 DATE: July 8, 1998 SENATE ACTION Standing Committee Report No.: None Second and Final Reading: July 31, 1998 Accepted House amendments: June 2,1999 HOUSE ACTION Referred to the Committee on Judicial and Governmental Operations Standing Committee Report No.: 11-66 First and Final Reading: March 16, 1999 WARD U. LEGISLATIVE SECRETARY , . .. PUBLIC LAW ID. AN ACT To define "public purpose" pursuant to Section 1.., Article X of the Commonwealth of the Northern Mariana Islands Constitution; and for other purposes. =================================================================-=== Offered by Senator(s): Pete P. Reyes ELEVENTH NORTHERN MARIANAS 7 0 I O 1 1 12 1 14 1 1 0 17 18 1 PUBLIC NO. 11-84 SENATE BILL NO. SPECIAL SESSION, AN define “public purpose” pursuant to Section Article of the Commonwealth of the Northern Islands Constititrion; and for other purposes. IT MARIANAS M N E A I 1 L E I AT R E Findings and purpose. The Legislatiire finds t h a t Section of Article X of the Commonwealth of the Northern Mariana Islands Constitution, as mended by Constitutional Amendment 28, the Legislature to “provide the definition of ‘public purpose.”’ However, to define “public purpose”, the Legislature deems i t prudent rightful that the definition of “public purpose” be construed taking into consideration prevailing traditional cultural notions of public purpose. Therefore, the purpose of this Act is to satisfy the intent of Amendment 28 by providing definition of purpose” applicable wherever that term appears in the constitution, laws. statutes, code, rules regulations of the Commonwealth, unless otherwise provided for by law. Section 2. This Act shall be commonly known the “Public Purpose Definition Act of Section 3. Definition. The term “public purpose” shall include, but not be limited to, any purpose which meets one or more of the following criteria: 2. the benefits are equally available to the entire community; the service or supplied is one needed by large number of the community pursuant to customs and traditions as applicable; 3. the enterprise bears directly and immediately the public welfare: .. . .. ·•.' .• ;, ' ....... '} 3 ➔ :) (l s <) COMMONWEALTH LEGISLATURE SEVENTH 1998 ACT To 1, Mariana BE ENACTED BY THE ELEVENTH NORTHERN CO MO \V ,T I G SL lJ Section 1. mandates and and a "public and Title. as 1998." 1. commodity X LAW 11-63. H.D.2 a upon NO. 11-84 SENATE BILL NO. 11-63. 4. the needs to be met by its requires a united effort unified control and cannot be served well by separate individuals; where benefits accrue to individuals, the community has a n interest i n those individuals benefited (for example, sports teams, school rind school-related activities, recognition of individuals and funerals, or other recognized cultural or community events); 6. the activity or service is i n line with the historical development of the and with the general purpose of its constitution rind : 7. special emergency exists, such be brought about by or (for example, typhoons); the expenditure is reasonably related to the operation of government or its objective in the promotion of the public health, safety, morals, welfare, prosperity, and the contentment of a community of people or residents within the locality, (for fiestas and other community celebrations, expenses related to or hosting off-island visitors attending governmental events, meetings, conferences, or state funeral expenses). To whether specific or expenditure is for a public purpose the foremost test shall be whether it confers direct benefit to a culturally or traditionally part of the opposed to an incidental or secondary benefit whether the community has a n interest i n having the individual or individuals benefited. Tradition and as well as the particular and circumstances of each case shall be taken into consideration when determining whether a purpose is being served by specific appropriation or expenditure. Each and every governmental, agency, departmental, commission, board, authority and public corporation or employee with authority shall be governed by this test. Section 4. Severability. I f any provision of this Act or the application of any such provision to a n y person or circumstance be held invalid by a of competent jurisdiction, the remainder of this Act or the of its provisions to persons or circumstances other t h a n those to which i t is held invalid shall not be affected thereby. 8 ~ ... , . .. • .. .. 1 () 11 13 1-+ 18 1<) 20 21 :rn 2() 30 31 32 33 5. having organizations, Commonwealth l:l\VS a war public calamity, 8. general detem1ine significant and public a official PUBLICIAW H,D,2 nature under as may security, example, appropriation a community as custom facts a expenditure should court application Page 2 0 SENATE BILL NO. 11-63. Section Clause. This Act and repealer contained herein shall not be construed as affecting existing right acquired under contract or acquired under statutes repealed or under any rule, regulation or order adopted under the statutes. Repealers contained in this Act shall not affect any proceeding instituted under or pursuant prior The enactment of this Act shall not have the effect of or in any modifying, a n y liability, civil o r criminal, which shall already be i n existence the this Act becomes effective. Section 7. Effective Date. This Act shall take effect its approval by the Governor or upon its law approval. CERTIFIED BY: ATTESTED TO BY: A PAWL A. MANGLONA OF THE SENATE R. SPBLAN GOVERNOR THE NORTHERN MARIANA ISLANDS ·· .. ,., , ... ' •::." .. PUBLIC Im N). 11-84 H.D.2 5. Savin!:s any any :1 to law. b terminating, way 7 at date upon hemming without such ..sT ---y this ~day of c::Jq/y I , 1999. ACI'ING f'E,BRO f'. 'fE,POOR~ COMMONWEALwf OF Page 3