First Senatorial District: Pachinko Slot and Poker Machine Annual Local License Fees. Pursuant to 4 CMC § 1503 and 1 CMC § 1402(c)(5) there is established an annual local license fee of $4,500 for each poker machine licensed under 4 CMC § 1503(a)(2) and for each pachinko slot machine licensed under 4 CMC § 1503(a)(5) commencing on January 1, 2011. The annual local license fee shall increase to $5,000 per machine commencing on January 1, 2012; provided that 50% of both increases shall be reserved for the Rota Municipal Scholarship Foundation. Source: Rota LL 11-1, § 1; Rota LL 14-7, § 1; Rota Local Law 17-2 § 2 (May 14, 2010); amended by RLL 18-4 § 2 (Oct. 8, 2013), modified. Commission Comment: The Commission removed an extraneous section symbol pursuant to 1 CMC § 3806(g). Rota LL 11-1 took effect on December 30, 1998. But see the applicability section set forth below: Section 2. Applicability. With respect to Section 1 of this Act, any pachinko slot machine licensed before the effective date of this Act, the fees established in Section 1 shall not apply until January 1, 1999. Rota LL 11-1 also contained severability and savings clauses as follows: 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herein shall not be construed as affecting any existing right acquired under contract or acquired under statutes repealed or under any rule, regulation or order adopted under the statutes.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 effect of terminating, or in any way modifying, any liability, civil or criminal, which shall already be in existence at the date this Act becomes effective. Rota LL 14-7 took effect on November 28, 2005, and contained severability and savings provisions. Rota Local Law 17-2 (enacted on May 14, 2010) included findings and purpose, severability and savings provisions. Rota Local Law 18-4 (enacted October 8, 2013) included severability and savings provisions, and the following Findings and Purpose section: Section 1. Findings and Purpose. The First Senatorial District Delegation acknowledges that Rota Local Law 17-2 amended 10 CMC § 1901 to increase the local license fee for poker machines and pachinko slot machines. The local law also reserved 50% of the increases for the Rota
Municipal Scholarship Foundation and for the employees’ compensation in accordance with Public Law 7-31. The Delegation is also cognizant that Public Law 7-31 provides for the appropriation authorization out of the General Fund of the Commonwealth such sums as may be necessary to implement the provisions of Public Law 7-31. The Delegation finds that due to diminishing collection in poker and pachinko license fees it is important to prioritize the minimal funds collected. Therefore, the purpose of this Act is to repeal the earmarked funds for the Public Law 7-31 compensation of affected Rota employees so that such funds may be appropriated for other programs not specifically funded by Commonwealth or Rota local laws.