An Act to provide that recipients of village homestead permits must comply with all necessary requirements after three years that the permits have been issued; to provide that no permit may be revoked when no public water, electrical or sewerage services were extended to the homestead lot within a reasonable period within the end of three years and for other purposes (P.L. 14-43)

• • • COMlVIONWEALTH OF THE NORTHERN MARIANA ISLANDS Juan N. Babauta Governor Diego T. Benavente Lieutenant Governor The Honorable Joaquin G. Adrinao Senate President Fourteenth Northern Marianas Commonwealth Legislature Saipan, MP 96950 The Honorable Benigno R. Fitial Speaker, House of Representatives Fourteenth Northern Marianas Commonwealth Legislature Saipan, MP 96950 Dear Mr. President and Mr. Speaker: This is to inform you that I have signed into law House Bill No. 14-206, HDl, entitled, "To provide that recipients of village homestead permits must comply with all necessary requirements within three years after the permits have been issued; to provide that no permit may be revoked when no public water0 electrical, and sewer were extended to the homestead lot within a reasonable period before the end of the three years; and for other purposes," which was passed by the Fourteenth Northern Marianas Commonwealth Legislature. House Bill No. 14-206, HDl mandates the Marianas Public Lands Authority (MPLA) to require persons who have been awarded homestead permits to comply with all the terms and conditions of the permits within three (3) years, after which time the permit can be subject to revocation for failure to comply with such terms and conditions. This measure also, however, mandates that MPLA shall not revoke any permit if public water, electrical power, and sewer services were not extended to the homestead lot within a reasonable period before Caller Box 10007 Saipan, MP 96950 Telephone: (670) 664-2200/2300 Facsimile: (670) 664-2211/2311 • • l • the end of the three (3) years. This measure, therefore, ensures that MPLA enforces the terms and conditions of homestead permits without placing an unreasonable burden on the holder of the homestead permit. The Administration notes, however, that this measure allows MPLA to retain the discretion to grant extensions to the holder of a homestead permit if the proper utility services are not provided within a "reasonable time." Since most extensions are granted on the basis of a lack of public water, electrical power and sewer services, the words "reasonable time" may be subject to some dispute. Accordingly, I urge the Legislature to introduce subsequent legislation that defines a "reasonable time" or specifically gives MPLA the authority to issue regulations that articulate the factors to be used in determining what constitutes a "reasonable time." The Administration further recommends that MPLA and the Commonwealth Utilities Corporation work closely together to ensure that the proper infrastructure is put in place within a reasonable so that current homestead permit holders can fully utilize their homestead lots. The Administration also recommends that MPLA should refrain from releasing any village homestead lots unless such infrastructure is in place. This bill becomes Public Law No. 14-43. Copies bearing my signature are forwarded for your reference. Sincere} , ~--· j 11 CC: Attorney General, Office of the Attorney General Chairman, Marianas Public Lands Authority Executive Director, Commonwealth Utilities Corporation Secretary, Department of Public Works Chairman, Marianas Visitor Authority Special Assistant for Programs and Legislative Review • • • HOUSE OF REPRESENTATIVES FOURTEENTH NORTHERN MARIANAS COMMONWEliLTH LEGISLATURE SECOND REGULAR SESSION, 2004 PUBLIC LAW NO. 14-43 H. B. No. 14-206, HD1 AN ACT To provide that rec1p1ents of village homestead permits must comply with all necessary requirements within three years after the permits have been issued; to provide that no permit may be revoked when no public water, electrical, and sewer services were extended to the homestead lot within a reasonable period before the end of the three years; and for other purposes. Introduced by Representatives: Janet U. Maratita, David M. Apatang, Jesus T. Attao, Heinz S. Hofschneider. Arnold I. Palacios, Benjamin B. Seman, and Ramon A. Tebuteb Date: July 2, 2004 Referred to: Committee on Natural Resources Public Hearing: None Standing Committee Report: SCR 14-87 Passed First and Final Reading on September 9, Referred to: None Public Hearing: None Standing Committee Report: None Passed Final Reading on October 27, 2004 • • • 1 HOUSE OF REPRESENTATIVES FOURTEENTH NORTHERN MARIANAS COMMONWEALTH LEGISLATURE SECOND SPECIAL SESSION, 2004 ANACT PUBLIC LAW NO. 14-43 H.B. No.14-206, HDl To provide that recipients of village homestead permits must comply with all necessary requirements within three years after the permits have been issued; to provide that no permit may be revoked when no public water, electrical, and sewer services were extended to the homestead lot within a reasonable period before the end of the three years; and for other purposes. BE IT ENACTED BY THE FOURTEENTH NORTHERN MARIANAS COMMONWEALTH LEGISLATURE: Section 1. Purpose. The purpose of this Act is to require persons who have been 2 awarded homestead lots to comply with all the tem1s and conditions of the permits within 3 ' ! three years, after which the permit shall be subject to revocation. No permit may be revoked, however, if public water, electrical power, and sewer services were not extended to the homestead lot within a reasonable period before the end of three years. 5 6 7 8 91: 10 11 12 13 14 15 ! l Section 2. Amendment. 2 CMC § 4333( d) is amended as follows: "(d) Establishment of inspection and compliance procedures for each designated village homestead program; provided, however, that the homesteader shall be granted a certificate of compliance three years after the issuance of a homestead permit and upon fulfillment of the requirements as established by the Marianas Public Lands Authority. MPLA may revoke a pem1it, if after the three-year period, the homesteader has not fulfilled the requirements and no certificate of compliance has been issued; no permit may be revoked, however, if public water, electrical power, and sewer services were not extended to the homestead lot within a reasonable time before the end of the three-year period." • 1 2 3' 4 5 6 7 8 9 10 11 12 13 • • i l PUBLIC LAW NO. 14-43 HOUSE BILL NO. 14-206, HDl Section 3. 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 4. 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 under any rule, regulation or order adopted under the statutes prior to amendment or repeal. Repeaters 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. Section 5. Effective Date. This Act shall take effect upon its approval by the Governor or becoming law without such approval. CERTIFIED BY: ATTESTED TO BY: EMING , 2004 ulN N. BABAUTA f , GOVERNOR COMMO~\VEALTH OF THE NORTHERN MARIANA ISLANDS Page2