TITLE 4: ECONOMIC RESOURCES DIVISION 5: BUSINESS REGULATION
§ 5578. Appropriation of Licensing Fees and Civil Fines. (a) The Secretary of Commerce or his designee shall cause all licensing fees and civil fines received to be paid to the Commonwealth Treasurer. All licensing and application filing fees collected by the Department of Commerce, Alcoholic Beverage and Tobacco Control Division, shall be allocated to that Division for the purpose of the administration of alcoholic beverage licensing, enforcement, training and prevention programs. Said filing fees may be administered for personnel compensation such as overtime and night differential during special operations with justification provided by the Director of the Alcohol Beverage and Tobacco Control Division and approved by the Secretary of Commerce. The expenditure authority shall lie with the Secretary of Commerce, while the Mayors of Tinian and Rota shall be the expenditure authority from their respective municipalities, to ensure alcohol and tobacco enforcement programs are carried out. All such license and application filing fees collected shall be deposited into a revolving fund and any unused funds at the end of a fiscal year shall not lapse and shall be available without fiscal year limitation. Said funds shall not be earmarked, reprogrammed, or transferred back to the general fund, or any other account. (b) Appropriation of Civil, Criminal Fines and Penalties. All civil, criminal fines and penalties imposed under Title 4, Division 5, Chapter 5 of the Commonwealth Code as a result from collaborative enforcement efforts conducted by the Department of Commerce, Alcohol Beverage and Tobacco Control Division and the Department of Public Safety, shall be deposited directly to the Commonwealth Treasurer. 50% shall be allocated to the Department of Commerce, Alcohol Beverage and Tobacco Control Division, and 50% shall be allocated to the “Public Safety Enhancement Account” as established under 3 CMC § 5803. Said funds shall not be earmarked, reprogrammed, or transferred back to the general fund or any other account. Source: MIDC § 11.16.090; PL 17-83 § 2(i) (Sept. 23, 2012), modified; repealed and re-enacted by PL 19-30 § 5 (Jan. 21, 2016). Commission Comment: See the comment to 4 CMC § 5511. PL 19-30 § 5 (Jan. 21, 2016) repealed and re-enacted 4 CMC § 5578 in its entirety. The Commission codified the section without modification.