CNMI Agriculture Equipment Service Revolving Fund Program Act of 2002 (P.L. No. 13-28)

COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS Juan N. Babauta Governor GOV. (HOUSE) T. Benavente Lieutenant Governor NOV 0 Honorable Paul A. Manglona President, The Senate Thirteenth Northern Marianas Commonwealth Legislature Capital Hill Saipan, 96950 Honorable S. Speaker of the House of Representatives Thirteenth Northern Marianas Commonwealth Legislature Capital Hill Saipan, 96950 Dear President Manglona and Speaker Hofschneider: This is to inform you that I have approved House Bill No. HD (HB entitled: To establish an Agriculture Equipment Service Revolving Fund Program within the Division of Agriculture; and for other purposes,” which was passed by the Thirteenth Northern Mariana Islands Commonwealth Legislature. note that I am not alone in supporting the establishment of such a fund. It is long overdue to provide a source for the maintenance and operation of the agricultural equipment provided for use by our Commonwealth farmers. Due to the enactment of HB 13-080, it appears that this worthwhile service for our farmers can now effectivei y. However, as discussed with the sponsors of the bill and the Chairman of the House Committee on Natural Resources, the measure is not without flaw. I sign HB with the assurances of the sponsors that immediate amendments will be enacted to correct the oversight in the bill. This oversight establishes a revolving into which funds can be deposited without identifying the expenditure authority for the funds. Further, it is clear that while the sponsors intended that the promulgation and adoption of rules and regulations implement the provisions of the bill would comply with Caller Box 10007 Saipan, MP 96950 Telephone: (670) Facsimile: (670) 1/23 1 • Diego 9 2002 MP Heinz Hofschneider MP • 13-080, l 13-080) I funding continue 13-080 • 234 l~ 664-2200/2300 664-221 Commonwealth Administrative Procedures Act, Section 8 of the bill needs to also be amended to clearly state that the Secretary of the Department of Lands and Natural Resources will be the promulgating authority. Such promulgation could be in consultation with the resident directors of the respective Senatorial Districts. Therefore, having received written assurances the Chairman of the House Committee on Natural Resources and the sponsors of House Bill 13-180, that the necessary amendments will be immediately enacted, I am signing this measure into law. This bill becomes Public Law 13-28. Copies bearing my signature are forwarded for your reference. Cc: Secretary, Department of Lands and Natural Resources Secretary, Department of Finance Special Assistant, Management Budget Special Assistant, Administration Special Assistant, Programs Legislative Review • from HDl ~·;1~ (7.N.BABAUTA r C.'' & Acting & • • House of NORTHERN MARIANAS COMMONWEALTH LEGISLATURE P.O. Box 500586 Saipan, MP 96950 October 21,2002 PUBLIC LAW NO. 13-28 The Honorable Juan N. Babauta Governor Commonwealth of the Northern Islands Capitol Hill Saipan, MP 96950 Dear Governor Babauta: I have the honor of transmitting herewith H. B. NO. 13-080, entitled, “To establish an Agriculture Equipment Service Revolving Fund Program within the Division of Agriculture; and for other purposes.” The Bill was passed by the House of Representatives and the Senate of the Thirteenth Northern Marianas Commonwealth Legislature. Respectfully, Attachment 2\f,presentatives Mariana HDl, • • HOUSE OF REPRESENTATIVES THIRTEENTH NORTHERN MARIANAS COMMONWEALTH LEGISLATURE PUBLIC LAW NO. 13-28 H. B. NO. AN ACT ESTABLISH AN AGRICULTURE EQUIPMENT SERVICE REVOLVING FUND PROGRAM WITHIN THE DIVISION OF AGRICULTURE; AND FOR OTHER PURPOSES. Offered by Representatives: Pedro P. Castro and Arnold I. Palacios Date: March 7, 2002 Referred to: Committee on Natural Resources Public Hearing: None Standing Committee Report: 13-027 Action of the HOUSE OF REPRESENTATIVES Passed First and Final Reading July 23,2002 In the SENATE Referred to: Public Hearing: None Standing Committee Report: None Action of the SENATE Passed Final Reading September 12,2002 ·: • 13-080, HD1 To • N/A • / Hou erk ,.,,.,.-· 1 2 3 4 5 6 7 9 11 12 13 14 15 17 THIRTEENTH NORTHERN MARIANAS COMMONWEALTH LEGISLATURE FIRST REGULAR SESSION, 2002 PUBLIC LAW NO. 13-28 H. B. NO. 13-080, ACT To establish an Agriculture Equipment Service Revolving Fund Program within the Division of Agriculture; and for other purposes. BE IT ENACTED BY THE THIRTEENTH NORTHERN MARIANAS COMMONWEALTH LEGISLATURE: Section 1. Title. This Act shall be cited as the “CNMI Agriculture Equipment Service Revolving Fund Program Act of Section 2. The Legislature finds that the Division of Agriculture, Department of Lands and Natural Resources, has and continues to play an important role in the sustainability of agricultural production in the by assisting the farmers prepare their land farm areas for planting at a nominal service fee. Further, the Legislature finds that these agriculture equipment have been, and continues to be, used extensively for agricultural land development resulting in increased expenses in fuel, lubrication, maintenance, repairs and other associated expenses. Furthermore, the Legislature finds that the sum appropriated to the Division of Agriculture for repairs and maintenance is insufficient to meet the farmers’ demand for agriculture equipment service at their designated farm areas. Therefore, it is imperative that any and all sums collected from these agriculture equipment service requests be deposited into a revolving fund account to enhance its accessibility and availability when needed. Section 3. Establishment of an Agriculture Equipment Service Revolving Fund Program. There is hereby established an Agriculture Equipment Service Revolving Fund Program to be administered by the Division of Agriculture, Department of Lands and Natural Resources, in each senatorial district in Rota, Tinian and Saipan. • HDl AN 2002". Findin2:s . • CNMI 8 lC 1t 18 • 1 2 3 4 5 6 7 8 9 10 11 12 13 18 19 20 21 22 23 24 25 26 27 PUBLIC L A W NO. 13-28 HOUSE BILL NO. 13-080, 1 Section 4. Establishment of Special Agriculture Equipment Service Revolving Fund Account. The Secretary of Finance shall establish or cause to establish a Special Agriculture Equipment Service Revolving Fund Account for each Senatorial District to be called as follows: (a) (b) Rota Special Agriculture Equipment Service Revolving Fund Account; Special Agriculture Equipment Service Revolving Fund Account; and (c) Saipan Special Agriculture Equipment Service Revolving Fund Account. The Secretary of Finance shall deposit or cause to deposit any and all revenues collected this Act by each senatorial district in each respective special account, and shall enter or cause to enter such data appropriately and accurately in each separate special account contained in Section 4 above. Notwithstanding any other provision of law, all revenues collected from this Act for the purposes provided herein shall be available without further appropriation and without fiscal year limitation. Section 5. Disbursement of Special Agriculture Equipment Service Revolving Account. Any and all revenues collected from this Act shall be disbursed for the upkeep and operation of the agriculture service equipment which shall include and not be limited to the following: (a) (b) (c) Section 6. For procurement of petroleum, oil, and lubrication products; For equipment maintenance and repairs, For procurement of equipment parts and new equipment. Establishment of Fee Schedules. The Director of the Division of Agriculture in Saipan, subject to the approval by the Secretary of the Department of Lands and Natural Resources, shall establish or cause to establish reasonable fee schedules for any and all agriculture equipment service requests. In the senatorial districts in Rota and Tinian, the Resident Director shall approve the fee schedules. Page 2 • • 4 • 5 6 7 HD Tinian/ Aguiguan from t 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 becomes effective I Page 3 PUBLIC L A W NO. 13-28 HOUSE BILL NO. 13-080, Section 7. Funds Status Report. The Secretary of Finance shall make or cause to make a true and accurate funds status report on a quarterly basis to the Director of Agriculture through the Secretary of the Department of Lands and Natural Resources, and the Resident Director in Rota and Tinian, respectively. Section 8. Promulgation of Rules and Regulations. The Director of the Division of Agriculture, in consultation with the Secretary of the Department of Lands and Natural Resources, in the case of Saipan, and the Resident Director, in the case of Rota and Tinian, shall promulgate rules and regulations to carry out the intent and purpose of this Act. Section 9. 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 10. 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 this 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, HDl • • 19 • . 1 2 PUBLIC NO. 13-28 HOUSE BILL NO. 13-080, Section 11. Effective Date. This Act shall take effect upon its approval by the Governor or upon it becoming law without such approval. ATTESTED TO BY: JESUS T. ATTAO ACTING SPEAKER ALTH OF TH ERN ISLANDS Page 4 LAW HDl • • E NORTII MARIANA •