Park Rangers Act of 2004 (P.L. 14-27)

COMMONWEALTH OF THE NORTHERN ISLANDS GOV. Juan N. Babauta Governor . T. Benavente Lieutenant Governor The Honorable G. Senate President, The Senate Commonwealth Legislature Saipan, MP 96950 The Honorable R Fitial Speaker, House of Representatives Fourteenth Northern Marianas Commonwealth Legislature MP 96950 Dear President and Mr. Speaker: This to inform you that I have signed into law House 14-85, entitled, “To authorize establishment of a Park Rangers section under the Division of Parks and Recreation and to designate the Department of Lands and Natural as the administering authority for tourist sites formerly managed and by the Marianas Visitors Authority; and for other purposes,” which was passed by the Fourteenth Northern Marinas Commonwealth Legislature. This measure, to be as the “Park Rangers Act of 2004,” the “Parks and Recreation Act of 1998” enacted as Public Law 1 1-106 and set forth at 1 CMC 2701 et. The “Park Rangers Act of enhances the authority of the Division of Parks and Recreation, a division the Department of Lands and Natural Resource, to continue to provide safe and beautiful recreational athletic fields, and tourist sites designated by the Division of Parks and Recreation as a “Commonwealth Parks.” In addition, this empowers the of Parks and Recreation to designate those recreational and ”tourist sites” formerly managed and maintained by the Visitors Authority as “Commonwealth Parks.” This measure the efficient and effective management of areas designated as ‘‘Commonwealth Parks” by a Park Ranger Section the Division of Parks and Recreation and by authorizing the Division of Parks and to promulgate rules and regulations that “will prohibit any activity may damage or destroy the natural of Commonwealth parks or recreational Caller Box Saipan, 96950 Telephone: (670) Facsimile: (670) 664-2211 .. Diego Joaquin Adriano Fourteenth Northern Marianas Saipan, Mr. 1S CDl, Resourc~s maintained seq. Benigno the known 2004" within Bill No. MARIANA COMM. (HOUSE) (1£P. I 1 2004 . . ··. - . ~ . . -· , . ✓ ·~ . ~J\~ Pl ;31~~\. . ~7£!3~¥(: .. ~. . ~~~tj ~-· ·¥' HSI, HD2, SDI, amends § facilities, measure Division facilitates establishing ~uty 10007 MP 664-2200 I 2300 Marianas within Regulations which diminish facilities." /2311 The Park Rangers section will have the authority to enforce rules and promulgated by the Division of Parks and Recreation to fines for violations of the rules and such to be paid Commonwealth Parks and Recreation I commend the author of this and the of the for passing this measure. Please note, however, that Section and Section 4 appear to be internally inconsistent in that Section mandates that the of Parks and Recreation promulgate and regulations to effectuate the mandate of this measure while Section 4 authority upon the Secretary of DLNR m with Resident Directors of Also, I encourage the Division of Parks and Recreation to coordinate closely the of and Community any proposed designation of an area as a "commonwealth Park" given the exemplary performance of Sports and Recreation Program in numerous of recreational programs and providing maintenance support for recreational facilities in the community. This bill becomes Public Law No. 14-27. Copies my are forwarded for your reference. Sincerely, N. BABAUTA CC: Attorney Office of the Attorney General Secretary, Department of Lands and Natural Resources Director, Division of Parks and Recreation Secretary, Department of Cultural and Community Special for Programs and Legislative Review important regulations> Fund. fines measure rules confers rulemaking 3(e) consultation the respective regulations and impose into the members Legislature 3(e) Division DLNR. with Department Cultural Affairs (DCCA) regarding DCCA's ci . . . a mm,stenng bearing signature General Affairs Assistant PUBLIC LAW NO. 14-27 H. B. NO. 14-085, HSI, HD2, CDI ANACT To authorize the establishment of a Park Rangers section under the Division of Parks and Recreation and to designate the Department of Lands and Natural Resources as the administering authority for tourist sites formerly managed and maintained by the Marianas Visitors Authority; and for other purposes. Introduced by Representatives: Janet U. Jesus T. Attao, R. Fitial, Claudio K. Norita, M. Ogo, S. Palacios, Justo S. Quitugua, Timothy P. Villagomez, and Ray N. Yumul Date: February 11,2004 Referred to: Committee on Natural Resources Public Hearing: None Standing Committee Report: 14-29 14-29a Passed First and Reading on April 1, 2004 Rejected Senate Amendments on May 13,2004 Conference Committee Report No. 14-2 Adopted Conference Amendments on August 19,2004 Referred to: Committee on Resources, Economic Development and Public Hearing: None Committee Report: None Passed Final Reading on May 5, 2004 Conference Committee Report No. 14-2 Adopted Conference Amendments on August 5,2004 velyn g, H BOUSE OF REPltESENTATIVES FOURTEENTH NORTHERN M.&lwUu.s CoMMONWEALTH LEGISLATURE SECOND REGULAR SESSION, 2004 5D1, Maratita, Benigno Crispin Norman SCR &SCR Final Programs Standing 2 3 4 11 1: 1: PUBLIC L A W NO. 14-27 B. NO. 14-85, To authorize the establishment of a Park Rangers section under the Division of Parks and Recreation and to designate the Department of Lands and Natural Resources as the administering authority for tourist sites formerly managed and maintained by the Marianas Visitors Authority; and for other purposes. BE IT ENACTED BY THE FOURTEENTH NORTHERN COMMONWEALTH LEGISLATURE: Section 1. Short Title. This Act maybe cited as the “Park Rangers Act of 2004.” Section 2. Statement of and The Legislature that the Department of Lands and Natural Resources has enhanced, maintained and beautified public parks and recreational areas since 1979. The Legislature further finds that jurisdiction over these parks and recreation areas were never conveyed to the Department of Lands and Natural Resources even after the Marianas Public Lands Authority Board of Directors approved the conveyance of the parks and recreation areas to the Department of Lands and Natural Resources during their March 1990 Board meeting. The Legislature further fmds that Executive Order 03-02 transferred the duties and responsibilities for maintaining tourist sites on Saipan to the Department of Lands and Natural Resources. This Act expands jurisdiction over all parks, recreation areas, and tourist sites and gives authority to the department to levy fines for violation of certain prohibited activities to be established by rules and regulations. This Act further provides that the funds would be deposited into the respective sub-account of the senatorial district where the fine was collected. 1 al; ( ,. ' ~ C 1( HOUSB OF RBPRESBNTATIVBS FOURTEENTH NoRTHERN MARlANAs COIAloNIBALTH. LEGISLATURE FIRST REGuuR SF..5sION, 2004 H. HSl, HD2, SDl, CD1 ANACT MARIANAS Purpose Findings. finds (DNLR) DLNR's CNMI 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1s 2c 21 2: PUBLIC LAW NO. 14-27 HOUSE BILL NO. 14-85, Section 3. Amendments. (a) 1 CMC 2701 is amended as follows: 2701. Division of Parks and Recreation. There is in the Department of Lands and Natural Resources a Division of Parks and Recreation headed by a director serving under the supervision and control of the secretary. The division shall have a park ranger section to carry out the enforcement responsibilities provided under 2708.” (b) 1 CMC 2702 is amended as follows: “(a) ‘Commonwealth means an area set apart and designated as a Commonwealth park by the Division of Parks and Recreation including any public facilities located within the boundaries of the park, and any tourist site formerly managed and maintained by the Marianas Visitors Authority, but excluding the Sugar King Park. (b) - (e) [unchanged] ‘Recreational Facility’ means all public sports and recreational facilities and outdoor sports and recreational fields and areas except for the Gilbert Ada Gymnasium and adjoining sports facilities which shall be under the sole management and control of the Northern Marianas Amateur Sports Association.” (c) The following new subsections are added to 1 CMC 2703 as follows: “(e) by rule or regulation, prohibit any activity which may diminish, damage or destroy the natural beauty of Commonwealth parks or recreational facilities. Authorize and collect fees concessionaires and vendors, as well as charge reasonable user fees to recover the cost of managing, landscaping, and beautifying Commonwealth parks and recreational facilities which shall be deposited into the respective senatorial Page 2 HSl, HD2, SDl, CDl § "§ § § park' Haruji Matsue (f) c. 18 § 2~ 2~ 2-l (f) from 2! 2( maintaining, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 21 22 23 24 25 PUBLIC L A W NO. 14-27 HOUSE BILL NO. 14-85, district sub-accounts established under the Commonwealth Parks and Recreation Fund pursuant to of this article as amended.” (d) 1 CMC is amended to read as follows: Fees and security deposits retained under this section be deposited in the Commonwealth Parks and Recreation Fund and into the respective senatorial district sub-accounts.” (e) CMC 2705 is amended as follows: 2705. Rule-making. The division shall adopt rules and regulations necessary for the proper administration of its duties under this article including but not limited to rules and regulations: (a) to develop a list of violations with the fines for each violation subject to the amount provided in subsection of this section. The list of violations may include, but is not limited to, vandalism, graffiti, littering, destruction of structures or monuments, building fires outside of designated fireplaces, and destruction of other park properties including but not limited to the plants. (b) to impose fines of up to $500 on any person who engages in any prohibited activity in the Commonwealth parks, recreation areas or tourist sites. Violations of the rules and regulations promulgated under this Act shall be adjudicated an administrative proceeding as provided under the Administrative Procedure Act, 1 CMC 9101 et seq.” 1 CMC 2707 is amended to read as follows: “(a) A Commonwealth Parks and Recreation Fund shall be maintained by the Department of Finance separate and apart other Page 3 20 § 2704(b) § 2704(b) HSl, HD2, SDl, CDl "(b) shall 1 § "§ (b) Ill § (f) § from funds 1 2 3 4 5 6 7 8 9 10 11 12 13 . 14 15 16 17 18 19 2c 21 22 23 24 25 2E PUBLIC L A W NO. 14-27 HOUSE NO. 14-85, HD2, of the Commonwealth government and independent records and accounts shall be maintained in connection herewith. (c) Moneys in the shall only be expended to manage, maintain, landscape, and beautify Commonwealth parks and recreational facilities and to erect and maintain structures, signs and facilities at Commonwealth parks and recreational facilities. Moneys in the shall not be expended for any travel or travel-related expenses. (d) Expenditure authority for the fund shall rest with the director upon written approval the Secretary. (e) The director shall provide a yearly accounting of all fees collected under this article to both the Secretary of the Department of Finance, and the legislature.” Section 4. Regulations. Within 120 days enactment of this Act, the Secretary consultation with the Lands and Natural Resources resident directors for the first and second senatorial districts shall promulgate rules and regulations necessary to carry out the intent of this Act. Section 5. 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. Section 6. 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 or in any way modifying, any liability, civil or criminal, which shall already be in existence on the date this Act becomes effective. Page 4 BILL HSl, SDl,CDl (b) (unchanged] fund fund from after m 2( tenninating, 2'i 1 2 PUBLIC LAW NO, 14-27 HOUSE BILL NO. 14-85. This approval the or law CERTIFIED BY: ATTESTED TO BY: SPEAKER OF THE HOUSE HOUSE CLERK GOVERNOR OF THE NORTHERN ISLANDS Page ,2004 HSl, HD2, SDl. CDl ::tion Effective Date. Act 1 ·, effect L c it by Gove1 without such 1p val. .A. p-+=-p ('() ruti-:::..-. on this 2-, / J~y of ~kw, Her COMMONWE!J, TH MARIANA 5