Title 4, Economic Resources

Purposes. The purposes of this Act are: (a) To repeal and reenact the provisions of the revenue and taxation laws in effect in the Commonwealth found in Chapter 1, Chapter 8, and Chapter 9 of 4 CMC, Division 1 of the Commonwealth Code; (b) To amend, clarify, and amplify the defin…

Definitions. In this division, unless otherwise specifically expressed: (a) “Amusement machines” means any mechanical, electrical or other device, contrivance or machine which, upon insertion of a coin, token or similar object in it, or upon payment of any consideration, is avail…

Other Definitions. In the event it is appropriate to further define the terms used in this division, the Secretary may further define the terms by regulation, and may in defining those terms take into account the definitions and use of the terms in the United States Internal Reve…

Government Exemption. (a) Except as provided in subsection (b), the United States and Commonwealth Governments, their departments, agencies and instrumentalities, but not their contractors, are specifically exempt from any liability to pay any tax imposed by this division other t…

Tax Exemption for Bonds and Other Obligations. All bonds and other obligations (including certificates of participation) issued by the Government of the Northern Mariana Islands or by its authority through its corporations, instrumentalities, or political subdivisions shall be ex…

Definitions. As used in this chapter: (a) “Board” means the Board of Directors of the Marianas Visitors Authority. (b) “Fund” means the MVA Operations Fund. (c) “Managing Director” means a managing director of the Marianas Visitors Authority. (d) “MVA” means the Marianas Visitors…

Establishment of the Marianas Visitors Authority. A Marianas Visitors Authority is hereby established in the Commonwealth government as a public corporation. The MVA shall be headed by a managing director, under the direction of a board of directors. Source: PL 11-15, § 4. Commis…

Duty to Promote Tourism. The MVA shall promote tourism and attract tourists to the Northern Mariana Islands by: (a) Organizing and conducting programs, advertising, and publicizing the Northern Mariana Islands and its attractions to the traveling public. (b) Advising the Governor…

Board of Directors. (a) All powers vested in the MVA shall be vested in the Board of Directors, composed of the following nine members. (1) Five members appointed by the Governor with the advice and consent of the Senate including one member from the Hotel Association of the Nort…

Board of Directors: Powers and Duties. (a) The board shall: (1) Govern the operation of the MVA in a manner to further the goal and purpose of the MVA and assure its financial viability as provided for in this chapter. (2) Review and adopt long range plans, annual reports and pro…

Managing Director. (a) The board members appointed under 4 CMC § 2111(a)(1) shall appoint a managing director who shall serve at the pleasure of such board members. (b) The managing director shall be the MVA's chief executive officer and shall operate and maintain the MVA's servi…

Managing Director; Duties. The managing director shall: (a) Enforce all bylaws, policies, rules and regulations of the MVA. (b) Attend, unless excused by the board, all meetings of the board and submit reports on the affairs of the MVA as required by the board. (c) Advise the boa…

MVA Membership. The board shall adopt bylaws relative to procedures whereby an interested person, organization, corporation, association or any other entity may become a member of the MVA. Such bylaws shall include, but shall not be limited to: (a) Fees and charges required for m…

Corporate Powers. The MVA may: (a) Establish a schedule of fees to be charged for the use of tourist facilities or services provided by the MVA. The schedule of fees shall be sufficient to recover the operating costs and fixed costs and to generate such revenue as is necessary to…

MVA Operations Fund; Appropriations and Expenditures. (a) There is hereby established a fund to be known as the “MVA Operations Fund” which shall be maintained separate and apart from other funds of the Commonwealth government and independent records and accounts shall be maintai…

Auditing. The Public Auditor shall audit the operations, books, and records of the MVA at least annually and in accordance with 1 CMC § 7710(a) and 1 CMC § 2301 et seq. The report of the audit shall be transmitted to the executive managing director, the board, the Governor, and t…

Employment Practices. The board shall establish rules and regulations governing the selection, promotion, performance evaluation, demotion, suspension, dismissal, and other disciplinary rules for employees of the MVA. (a) Employees of MVA, excluding its board members, may be memb…

Rule making. The MVA shall adopt rules and regulations necessary to implement the provisions of this chapter. Source: PL 11-15, § 15.

Exemption from Taxation. As an instrumentality of the Commonwealth, the MVA and all property acquired by or for the MVA, and all revenues and income therefrom are exempt from taxation and business regulation by the Commonwealth or by any political subdivision or public corporatio…

Transfer of Title to MVA. Within 30 days after the enactment of this chapter, the chairman of the Board of Directors of the Marianas Visitors Bureau shall transfer to the MVA: (a) All items of property used exclusively for the operation of the Marianas Visitors Bureau or for oper…

MVA to Assume Rights, Obligations and Duties of the Marianas Visitors Bureau. All lawful obligations of the Marianas Visitors Bureau existing during the effective date of this chapter, and all fines, taxes, penalties, forfeitures, obligations and rights, due, owing or accruing to…

Assumption of Personnel by MVA. (a) Employees working for the Marianas Visitors Bureau shall continue to be employed by the MVA on the date of the assumption of functions by the MVA except as provided in 4 CMC § 2144. (b) The personnel rules and regulations now applicable to the …

Board and Managing Director Transition. (a) The board members of the Marianas Visitors Bureau shall serve as board members of the MVA for 30 days after the effective date of this chapter or until board members are appointed pursuant to 4 CMC § 2111, whichever is earlier. (b) The …

Disposition of Interim Funds. After the assumption of functions by the MVA, all moneys formerly received by or paid by the Marianas Visitors Bureau shall be received by and paid from the MVA Operations Fund. Source: PL 11-15, § 21. Commission Comment: See the comment to 4 CMC § 2…

Commonwealth Film, Video and Media Office Established. (a) There is established within the Marianas Visitors Authority (MVA), a Commonwealth Film, Video and Media Office, to be referred to as the “Northern Mariana Islands Film Office” (“film office”). A Film Office Manager, selec…

Film Office to be Notified of Government Media Needs. (a) Notwithstanding any provision of the general statutes to the contrary, each Commonwealth agency issuing a request for proposals for any film, video or media production shall, at the time of such issuance, transmit a copy o…

Film Office Report. The Film Office Manager shall provide an annual report to the MVA Managing Director on or before January thirty-first of each year. The report shall include a summary of the activities of the film office for the preceding year and any recommendations for legis…

MVA Managing Director Duties in Relation to the Film Office. The MVA Managing Director shall: (1) Monitor the activities of the film office and make recommendations to the film manager; (2) Improve Commonwealth services for the local film, video and media industries; (3) Make rec…

Regulations; Permit Fees. All film/media permit fees in the Commonwealth will be collected by the film office under a one-stop, single permit framework. All film/media permit fees collected by the film office will be solely used to fund the operations of the film office. The Film…

Funding and Staffing of Film Office. Funding for the operation of the film office shall be appropriated by the Legislature. MVA is authorized to hire up to two additional staff for the film office. Source: PL 13-29, § 7, modified.

Establishment. There is hereby established a Marianas Visitors Authority Trust Fund (MVA Trust Fund) administered by the Secretary of Finance into which revenues entitled to the Marianas Visitors Authority pursuant to Title 4 CMC § 1803 shall be deposited. The MVA Trust Fund shal…

Destination Enhancement Programs. The Marianas Visitors Authority shall expend no more than five percent of the funds per fiscal year from MVA Trust Fund for destination enhancement programs. Source: PL 18-1 § 5 (§ 102) (March 11, 2013), modified. Commission Comment: The Commissi…

Municipalities of Tinian, Rota, and Saipan. (a) Provided that not less than two percent for each municipality, but not less than $300,000 each, whichever is greater, of the funds per fiscal year from the MVA Trust Fund, shall be remitted to the Municipalities of Saipan, Tinian, a…

Unexpended Funds. Unexpended funds in a fiscal year may be set aside by the Board of Directors of the Mariana Visitors Authority (MVA Board) in a special account for future use in the promotion of the Northern Marianas and/or destination enhancement programs. These unexpended fun…

Expenditure Authority. The expenditure authority of those funds under Sections 2157, 2158 and 2160 shall be the Chairperson of the Board of Directors of the Marianas Visitors Authority through an approved plan by the MVA Board. Source. PL 18-1 § 5 (§ 105) (March 11, 2013), modifi…

Definitions. For the purposes of this Article, and unless required by context, the following terms shall have the following definitions: (a) “Board” means the Marianas Visitors Authority Board. (b) “Certificate” or “Certification” means the document issued by MVA attesting that a…

Tour Operators and Tourist Land/Sea Transport Operators: MVA Approved Certification Required. In order to obtain a certification from the MVA to conduct business as a Tour Operator or Tourist Land/Sea Transport Operator, a person must: (a) be a member in good standing with MVA; (…

Tour Guides: MVA Approved Certification Required. (a) No person may be employed as a tour guide unless he or she has received an MVA approved certificate as set forth in subsection (b). (b) All persons who wish to engage in employment as a tour guide must obtain an MVA approved c…

Enforcement. MVA may adopt regulations to sanction any person who acts as a tour guide, a tour operator, or a tourist land/sea transport operator in violation of this Article or in violation of MVA’s regulations. These sanctions may include revocation of a certification, refusal …

General Provisions. In order to safeguard life, health, and property, and to promote the public welfare, the practice of architecture, engineering, land surveying, landscape architecture, and real property appraisal in the Commonwealth it is hereby declared to be subject to regul…

Board of Professional Licensing Appointment: Qualifications. There is in the Commonwealth Government a Board of Professional Licensing, a regulatory board given the power by law to license and regulate architects, engineers, land surveyors, landscape architects, and real property…

Board of Professional Licensing Tenure; Officers; Vacancies. The members of the Board shall serve for six years. The officers of the Board shall be elected every two years. The Board shall elect, by the majority vote of a quorum of its members, a Chairperson, a Vice-chairperson, …

Board of Professional Licensing Quorum; Voting. Three members are necessary to make a quorum of the Board and a concurrence of a majority of the quorum shall be necessary to constitute approval of those matters needing approval of the Board. Source: PL 1-8, ch. 5, § 4; amended by…

Board of Professional Licensing Compensation. Members of the Board shall serve without pay but shall be reimbursed for reasonable and necessary expenses incurred in the performance of their duties. Source: PL 1-8, ch. 5, § 5, modified; amended by PL 11-99, § 3 (§ 3105); repealed …

Board of Professional Licensing Powers. The Board shall have the power, jurisdiction and authority to: (a) Adopt and amend all bylaws, regulations, rules of procedures not inconsistent with the constitution and laws of the Commonwealth or chapters 1 and 2 of this division, includ…

Board of Professional Licensing; Jurisdiction. Notwithstanding any other provision of this Chapter, the Board’s power, authority, and jurisdiction shall extend to persons engaging in the professions regulated by the Board, including but not limited to non-licensees and persons of…