Environmental and Tourism Promotional Act of 2012 (P.L. 17-75)

Mr. Speaker and Mr. President: ..,1U1U..,'.... Nnrth...rn Marianas Commonwealth Legislature. reference. Benigno COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS Eloy S. Inos Governor Lt. Governor Eliceo "Eli" D. Cabrera IJ\.IClJ....,.l. House ofRepresentatives Se",~entee:nth Northern Marianas Legislature ~!'I1'n!'ln MP 96950 tiOlilOnmle Paul A. Manglona pre!)l<1.•ent, The Senate Se"\~entee:nth Northern Marianas Legislature ::sallJan, MP 96950 is to inform you that I have signed into law House Bill No. 17-290, HD1, SSl, "To amend Public Law 17-29 as amended by Public Law 17-58 to establish an lrOltlllllentaJ. and Tourism Promotional Fee," which was passed by the Seventeenth bill becomes Publie Law No. 17-75. Copies bearing my signature are forwarded for cc: Lt. Governor Attorney General Deparbnent of Finance Marianas Visitors Authority Mayor of Rota Mayor of Tinian Commonwealth Law Revision Commission Special Assistant for Programs and Legislative Review HOll~~eLER '8 OFC RECEIVED BY: OAT £ T Box 10007 Saipan, MP 96950 Telephone: (670) 664-2200/2201 Facsimile: (670) 664-2211 ~atn- '\t>:~ Public Law No. 17-75 Seventeentli £egisfature oftlie Commonweaftli oftlie 1fortliem !Mariana 1sfanas IN THE HOUSE OF REPRESENTATIVES Fifth Regular Session March 22, 2012 Kep'resl!n~ative Eliceo D. Cabrera, of Saipan, Precinct 1 (jor himself) in an open and public meeting with an n""nrthnihl for the public to comment, introduced the following Bill: B. B. 17-290 AN ACT AIIEND PUBLIC lAW 17-29 AS AIIEN))E)) BY PUBLIC lAW 17-58 TO ESTABLISH AN ENVIBONIIENTAL Al~n) TOUBISII PBOIIOTIONAL FEE. The Bill was not referred to a House Committee and was placed on the Bill Calendar. THE BILL WAS PASSED BY THE HOUSE OF REPRESENTATIVES ON FIRST AND FINAL READING, APRIL 17,2012; with amendments in the form ofH. B. 17-270, HD1 and transmitted to the THE SENATE. The Bill was not referred to a Senate Committee and was placed on the Bill Calendar. BILL WAS PASSED BY THE SENATE ON FIRST AND FINAL READING, MAy 8, 2012; with amendments in the form ofH. B. 17-290, HD1, SSl. H. 17-290, HDl, SSI WAS RETURNED TO THE HOUSE OF REPRESENTATIVES ON MAy 9, 2012. of Representatives accepted the Senate amendments and passed H. B. 17-290, HD 1, SS 1 during its 1st Day, Third Special Session on May 15,2012. THE BILL WAS FINALLY PASSED ON MAy 15, 2012 Linda B. Muna, House Clerk Public Law No. 17-75 Sevenuentli Legislature oftli8 Commonwealtli oftne !Nortnem !Mariana I sCantfs IN THE HOUSE OF REPRESENTATIVES 1st Day, Third Special Session May 15, 2012 B. B. 17.290. BDl. SSI AN ACT TO AIIIND PUBUC lAW 17-29 AS AIIINDID BY I'UBUC lAW 17-58 TO ESTABUSB AN INVIBONJlINTAL AND TOUBISJI PBOJl0110NAL FEI. Be it enacted by the Seventeenth Northern Marianas Commonwealth Legislature: I 2 3 4 5 6 7 8 9 Section 1. Findings and Purpose. The Legislature hereby finds and declares that the Commonwealth relies heavily, and will continue to rely heavily, on the tourist industry as a primary source of private employment and public revenues. Thus, it is imperative that our destination be enhanced for the benefit of all, and marketed to potential tourists such that they will be aware of all the Commonwealth has to offer. In order to attract tourists to the Commonwealth, to retain existing business and industry, and to advance the business prosperity and economic welfare of the Commonwealth, it is necessary to enhance recreational and tourism opportunities. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Public Law No. 17-75 HOUSE BILL 17-290, HD1, SSI Therefore, in order to promote recreation and tourism, the Legislature finds that public financial support should be provided for constructing, equipping, improving and maintaining projects, agencies and facilities which promote recreation and tourism. Public support is also required to effectively market the Commonwealth as the premier destination it is. The Legislature finds that such support is a public purpose for which funds may be expended. The Legislature finds it appropriate to pay for such support by collecting a fee from transients who pay for lodging in a room of a hotel, lodging house, motel, resort motel, apartment, apartment motel, rooming house, condominium, or similar facility located in the Commonwealth. The fee shall be assessed one time for each visit or trip to the Commonwealth. The Legislature finds and declares that this Act is necessary and is a proper use of the legislative power granted by the Commonwealth Constitution. Section 2. Repeal. Section 1 of Public Law I 7-58 is hereby repealed in its entirety. Section 3. Repeal and Reenactment. Section 2 of Public Law 17-58 is hereby repealed and reenacted as follows: "There is hereby established the "Environmental and Tourism Promotional Act of 2012." §101. There is hereby established an Environmental and Tourism Promotional fee of $15 to be assessed upon transient occupants ages 13 and above per stay in a room of a hotel, lodging house, motel, resort 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Public Law No. 17-75 HOUSE BILL 17-290, HDt, SSI motel, apartment, apartment motel, rooming house, condominium, or similar facility located in the Commonwealth. For the purpose of this Act, a transient occupant is any person who is not a permanent resident of the Commonwealth. A transient occupant shall be assessed an Environmental and Tourism Promotional Fee not more than once per visit or trip to the Commonwealth. § 102. There is hereby established an Environmental and Tourism Promotional Revolving Fund ("Fund") administered by the Secretary of Finance into which fees collected pursuant to §101 above shall be deposited and remitted to the Marianas Visitors Authority; provided that the amount of $200,000 shall be annually allocated each for the islands of Rota and Tinian to be used to implement charter flight tourism incentives and promotional programs. § 103. The fee imposed by this section shall be collected by the person who operates, owns or manages a hotel, lodging house, motel, resort motel, apartment, apartment motel, rooming house, condominium, or similar facility as and when paid or charged to the hotel, lodging house, motel, resort motel, apartment, apartment motel, rooming house, condominium, or similar facility. The fees imposed pursuant to this Act shall be collected beginning July 1,2012. § 104. Every person required to collect the fee imposed by this Act shall, on or before the 20th day of the succeeding month make a monthly 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Public Law No. 17-75 HOUSE BILL 17-290, HD1, SSt return to the Secretary of Finance and pay over the fees required to be collected for the previous month. Provided further that a tourism industry partner may provide advance promotional funds which shall be reimbursed from the Fund as mutually agreed among the Secretary of Finance, the Marianas Visitors Authority, and the affected tourism industry partner; provided that for advance promotional funds from a tourism industry partner in the First or Second Senatorial District, the respective mayors shall be a party to and approve any advance agreement. § 105 The expenditure authority for the Fund shall be the Chairperson of the Board of Directors of the Marianas Visitors Authority, except that the funds allocated to Tinian and Rota pursuant to § 102 above shall be the respective mayors of the islands. All funds expended shall be consistent with a plan approved by the Board of Directors of the Marianas Visitors Authority. Provided that at least 15% of the total funds collected shall be expended for destination enhancement programs. § 106 The Secretary of Finance in consultation with the Marianas Visitors Authority shall promulgate rules and regulations necessary to implement this Act. § 107 The Secretary of Finance together with the Marianas Visitors Authority shall submit an expenditure report to the legislature and the Governor 30 days after the end ofeach fiscal year." 4 1 2 3 4 5 6 7 8 9 10 11 12 Public Law No. 17-75 HOUSE BILL 17-290, HD1, SS1 Section 4. Severability. If any provisions 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. Section 5. Savings Clause. This Act and any repealer contained herein shall not be construed as affecting any 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 to prior law. The enactment of the Act shall not have the effect of terminating, or in any way modifying, any liability, civil or criminal, which shall already be in existence on the date this Act becomes effective. 5 Public Law No. 17-75 HOUSE BILL 17-290, HD1, SSI Section 6. 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. Muna, House Clerk Certified by: sPEAiaiRECEo"ELi"D.CAJiiERA House ofRepresentatives 1i h Northern Marianas Commonwealth Legislature Governor Commonwealth ofthe Northern Mariana Islands 6