An Act to vacate all provisions and impact of Executive Order 94-3 relative to the Commonwealth Ports Authority and Coastal Resources Management program and reestablish each as the same existed, and under the provisions of law then in effect, immediately prior to the effective date of Executive Order 94-3; and for other purposes (P.L. 11-109)

. . (HOUSE) COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS Pedro t? Tenorio Governor Jesus R. Sablan Lt. Governor The Honorable Paul A. Manglona President of the Senate Eleventh Northern Marianas Saipan, MP 96950 Commonwealth Legislature Caller Box 10007 Saipan, MP 96950 Telephone: (670) 664-2200 Fax: (670) 664-221 1 and The Honorable T. Benavente Speaker, House of Representatives Eleventh Northern Marianas Commonwealth Legislature Saipan, MP 96950 Dear Mr. President and Mr. Speaker: This is to inform you that I have signed into law Senate Bill 1 1-155, entitled, vacate all provisions and impact of Executive Order 94-3 relative to the Commonwealth Ports Authority and Coastal Resources Management program and reestablish each as the same existed, and under the provisions of law then in effect, immediately prior to the effective date of Executive Order 94-3; and for other purposes," which was passed by the Eleventh Northern Marianas Commonwealth Legislature. This bill becomes Public Law No. 11-109. forwarded for your reference. Copies bearing my signature are Sincerely, CC: Commonwealth Ports Authority Coastal Resources Management Secretary, Department of Public Works Special Assistant for Programs Legislative Review I DEC. 2 1 1999 Py Diego "To & . NORTHERN MARIANAS COMMONWEALTH LEGISLATURE P.O. Box 129 MP 96950 07 Honorable Pedro P. Tenorio Governor Commonwealth of the Northern Islands Saipan, 96950 Dear Governor Tenorio: I have the honor to transmit herewith for your action one (1) original copy of Senate Bill No. 11-155, entitled, "An Act to vacate all provisions and impact of Executive Order 94-3 relative to the Commonwealth Ports Authority and Coastal Resources Management program and reestablish each as the same existed, and under the provisions of law then in effect, immediately prior to the effective date of Executive Order 94-3; and for other purposes," which was passed by the Senate and the House of Representatives of the Eleventh Northern Marianas Commonwealth Legislature. SENATE LEGISLATIVE SECRETARY Attachment DEC. 1999 Mariana MP 'Ifie Senate Saipan, .. PUBLIC LAW' NO. 1.1...1.09 THE SENATE ELEVENTH NORTHERN MARIANAS COMMONWEALTH LEGISLATURE NO. SENATE BILL NO. 11-155 To vacate all provisions and impact of Executive Order 94-3 relative to the Commonwealth Ports Authority and Coastal Resources Management program and reestablish each as the same existed, and under the provisions of law then in effect, immediately prior to the effective date of Executive Order 94-3; and for other purposes. DATE: October 4,1999 SENATE ACTION Standing Committee Report No.: None Second and Final Reading: November 12,1999 HOUSE ACTION Standing Committee Report No.: None First and Final Reading: November 26, 1999 EDWARD U. MARATITA SENATE LEGISLATIVE SECRETARY =====================-- :=-=-== -=-=================== AN ACT ======--=-======---========--=== - - ====--===-==== Offered by Senator(s): · Pete P. Reyes I ELEVENTH NORTHERN MARIANAS COMMONWEALTH LEGISLATURE FOURTH REGULAR SESSION, 1999 SENATE BILL NO. AN ACT To vacate all provisions and impact of Executive Order 94-3 relative to the Commonwealth Ports Authority and Coastal Resources Management program and reestablish each as the same existed, and under the provisions of law then in effect, immediately prior to the effective date of Executive Order 94-3; and for other purposes. BE IT ENACTED BY THE ELEVENTH NORTHERN MARIANAS COMMONWEALTH LEGISLATURE: Section 1. Findings. The Legislature finds that the reorganization of the government pursuant to Executive Order 94-3 ("E.O. 94-3") unnecessarily and arguably unconstitutionally reallocated functions and duties of previously autonomous or independent agencies of government into executive branch departments. One such autonomous agency is the Commonwealth Ports Authority which was allocated for the purposes of administration and coordination to the Department of Public Works; another such independent agency is the Coastal Resources Management Council and Coastal Resources Management Office which was transferred to the Department of Lands and Natural Resources. The Legislature further finds that the reorganization of these entities pursuant to E.O. 94-3 is inconsistent with their respective mission and duties. It is the purpose of this Act to return CPA, and CRM to the state in which they existed prior to August 23, 1994, the effective date of E.O. 94-3 and to reenact, to the extent necessary, all provisions of law concerning CPA and CRM, affected by E.O. 94-3. Therefore, the Legislature intends that this Act vacate each and every provision or application of E.O. 94-3 which affects in any manner whatsoever the functions, locations, and duties of CPA, and CRM. 1 2 3 4 s 6 7 8 9 10 11 12 13 14 15 16 17 :i ("CPA") PUBLIC LAW NO. 11-109 11-155 ("CRM") 1 2 3 4 6 I 10 11 12 13 14 I 17 18 I 19 SENATE BILL NO. 11-155 Section 2. (a) Section 206 of Executive Order 94-3 is hereby vacated in its entirety. Section of Executive Order 94-3 is hereby vacated in its entirety. Section 3. Coastal Resources Management All provisions of Public Law 3-47 and Public Law 7-3 in effect immediately prior to the effective date of Executive Order 94-3 are to the extent affected by said executive order hereby restored to effect as they existed immediately prior to the effective date of said executive order. Chapter 5 of Division 1 of Title 2 of the Commonwealth Code is hereby reenacted in its entirety to restore any and all provisions of said chapter affected by Executive Order 94-3. Any functions, records, funds, property or personnel transferred pursuant to Sections 503, 504, and/or 505 of Executive Order 94-3 are hereby transferred back and returned to the Coastal Resources Management Office and Coastal Resources Management Advisory Council, as appropriate. Section 4. Commonwealth Ports Authoritv. Chapter 1 of Division 2 of Title 2 of the Commonwealth Code is hereby reenacted in its entirety to restore any and all provisions of said chapter affected by Executive Order 94-3. Any functions, records, funds, property or personnel transferred pursuant to Sections 503,504, 505 of Executive Order 94-3 are hereby transferred back and returned to the Commonwealth Ports Authority. Section 5. Reactivation. Subject to other requirements or provisions of law, any agencies requiring reactivation as a result of this Act shall be reactivated in the manner described by the Governor in his approval letter for Public Law 11-47. Section 6. Severability. If any provision of this Act or the application of any such provision to any person or circumstance should be held invalid by a court of competent jurisdiction, the remainder of this Act or the application of its provisions to persons or circumstances other than those to which it is held invalid shall not be affected thereby. (b) Page 2 5 7 8 9 15 16 20 21 22 23 24 25 26 27 28 29 PUBLIC LAW:No. 11-109 Repealer. 304(a) Program. !I :I I 1 and/or 1 2 NO. SENATE BILL NO. Section 7. Effective Date. This Act shall take effect upon its approval by the Governor or upon its becoming law without such approval. ATTESTED BY: EDWARD u. SENATE LEGISLATIVE SECRETARY PEDRO P. COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS Page 3 . , . .: , . ' ' .. . . . TEOORIO GOVERNOR"' PUBLIC LAW 11-109 11-155 ?iZz:( zl MARA~ 4~.1999