Title 1, Government

Department of Public Safety: Staff. (a) The Department of Public Safety may employ staff as required to assist it in performing its duties, subject to budgetary appropriation. (b) The Commissioner for the Department of Public Safety may deputize law enforcement officers as requir…

Department of Public Safety: Conduct of Members; Eligibility for Employment. (a) Procedure When Employee Charged With a Crime. If criminal charges are filed against an employee of the Department of Public Safety, including one appointed by the Governor, the employee shall be susp…

Department of Public Safety: Rules and Regulations. (a) The Department of Public Safety shall adopt rules and regulations regarding activities over which the department has jurisdiction. (b) The Department of Public Safety, in consultation with the Department of Finance, shall pr…

Enforcement of Commonwealth Law. Any law enforcement officer employed by the Commonwealth government may issue a citation, make a stop based on reasonable suspicion, make an arrest, and exercise the full law enforcement power of the Commonwealth without regard to the jurisdiction…

Disaster Control Office. There is in the Commonwealth government the Disaster Control Office which, for administrative purposes only, shall be within the Department of Public Safety. Source: PL 1-40, § 6, modified. Commission Comment: PL 1-40, the “Commonwealth of the Northern Ma…

Disaster Control Office: Disaster Control Officer. The Disaster Control Office shall be supervised by a Disaster Control Officer to be appointed by the Governor with the advice and consent of the Senate. The officer shall be under the general supervision of the Governor and shall…

Disaster Control Office: Commonwealth Disaster Plan. The Disaster Control Officer shall prepare, maintain, and keep current the Commonwealth disaster plan. This plan may include: (a) Prevention and minimization of injury and damage caused by disaster; (b) Prompt and effective res…

Disaster Control Office: Local Disaster Plans. The Disaster Control Office shall participate in the development and revision of local disaster plans prepared under 3 CMC § 5122. To this end it may employ or otherwise secure services of professional and technical personnel capable…

Disaster Control Office: Local Coordination. In preparing and revising the Commonwealth disaster plan, the Disaster Control Office shall seek the advice and assistance of local government, business, labor, industry, agriculture, civic and volunteer organizations, and community le…

Disaster Control Office: Regulations. The Commonwealth disaster plan, or any part thereof, may be incorporated in regulations of the Governor or executive orders which have the force and effect of law. Source: PL 1-40, § 6.

Disaster Control Office: Duties. The Disaster Control Office shall: (a) Determine requirements for the Commonwealth and its political subdivisions for food, clothing and other necessities in the event of an emergency; (b) Coordinate with appropriate government agencies to procure…

Disaster Control Office: Staff. The Disaster Control Office shall have a planning officer, and other professional, technical, secretarial, and clerical employees as necessary for the performance of its functions, subject to budgetary appropriations. Source: PL 1-40, § 6, modified…

Office of Civil Defense. [repealed] There is in the Department of Public Safety an Office of Civil Defense to be headed by a Civil Defense Coordinator. Source: PL 1-44, § 1, modified; repealed in its entirety by PL 18-4 § 4 (March 15, 2013) and repealed Executive Order 94-3, § 21…

Civil Defense Coordinator: Appointment. [repealed] The Civil Defense Coordinator shall be in the civil service system. Source: PL 1-44, § 2; repealed in its entirety by PL 18-4 § 4 (March 15, 2013). Commission Comment: See the comment to 1 CMC § 2531. See the Commission Comment a…

Civil Defense Coordinator: Staff. [repealed] The coordinator may employ staff to assist in the duties of the Office of Civil Defense, subject to budgetary appropriations; the staff shall be within the civil service. Source: PL 1-44, § 3, modified; repealed in its entirety by PL 1…

Law Enforcement Assistance Funds; Established. There is hereby established two separate accounts to be administered by the Secretary of Finance, said accounts to be known as “The Division of Customs Law Enforcement Assistance Fund” and, “The Department of Public Safety Law Enforc…

Audit. These funds created by this article shall be audited periodically by the Public Auditor as necessary to ensure compliance with this and other Commonwealth laws. Source: PL 10-59, § 4. Commission Comment: For the statutory provisions on the Public Auditor see 1 CMC § 2301 e…

Ambulance Fee Account. (a) The Department of Finance shall establish three accounts to be known as the “Ambulance Fee Revolving Fund Accounts” for deposit of ambulance fees collected by the Department of Fire and EMS in accordance with its rules and regulations. The fees collecte…

Definitions. (a) “Crime Stoppers organization” means the private, nonprofit organization that accepts and expends donations for rewards to persons who report to the organization information concerning criminal activity and that forwards the information to the appropriate law enfo…

Nondisclosure of Privileged Communication and Protected Information. Except as provided in 1 CMC § 2549, no person, police “Crime Stoppers” coordinator or his staff, or member of a Crime Stoppers organization’s board of directors, Crime Stoppers volunteer, or any other person or …

Inspection of Records. Any person arrested or charged with a criminal offense may petition the court for an in camera inspection of the records or reports concerning such person made to a Crime Stoppers organization. The petition shall allege facts showing that such records would…

Penalty for Disclosure. Disclosure of protected information in violation of this section shall be punished by imprisonment for not less than one year but not more than two years or by a fine of not more than $500, or both. The Attorney General shall, to the extent possible, quash…

Short Title. This Act may be cited as the “Judiciary Abandoned Funds Act.” Source: PL 18-36 § 1 (Feb. 14, 2014). Commission Comment: Public Law 18-36 (effective February 14, 2014) contained, in addition to savings and severability clauses, the following Findings section: Section …

Definitions. (a) “Administrator” means a designee of the Chief Justice. (b) “Apparent owner” means a person whose name appears on the records of the Commonwealth Judiciary as the person entitled to property held, issued, or owing by the Judiciary. (c) “Commonwealth Judiciary desi…

Disposition of Abandoned Property. (a) Property is presumed abandoned if it is unclaimed by the apparent owner after the property is held by the judiciary one year after the property becomes payable or distributable. After such time has passed, notice shall be given, and if the p…

Definitions. As used in this Chapter: (a) “Administrator” means the Administrator of the Northern Mariana Islands Retirement Fund; (b) “Alternate payee” means the person for whom an amount has been separated into an account under a qualified domestic relations order; (c) “Annuita…

Applicability of Chapter. The provisions of this chapter apply only to members first hired on or after the effective date determined under § 8454, or to Class I and Class II members of the Northern Mariana Islands Retirement Fund defined benefit plan who meet the conditions requi…

Chapter to be Liberally Construed; Purpose. The provisions of this Chapter shall be liberally construed so as to provide a portable individual retirement account for public employees who are eligible to participate in the plan. The purpose of the Chapter is to provide public empl…

Defined Contribution Retirement Plan Established; Federal Qualification Requirements. (a) A defined contribution retirement plan is established for employees of the Commonwealth. The defined contribution retirement plan is a plan in which savings are accumulated in an individual …

Administration of the Defined Contribution Retirement Plan. (a) Powers and Duties of the Administrator. The Northern Mariana Islands Retirement Fund through its Administrator appointed under § 8316 administers the plan. The administrator shall take whatever lawful action may be n…

Membership in Defined Contribution Plan; Limiting Participation in the Defined Benefit Plan. Beginning on the effective date determined under § 8454, and to the fullest extent permitted by law, the Northern Mariana Islands Public Employees’ Defined Contribution Retirement Plan sh…

Participation in the Plan: Ineligible Persons. (a) The following persons shall not be eligible for membership: (1) Persons whose services are compensated on a fee basis. (2) Independent contractors. (3) Persons whose employment is for a specific project. (4) Persons whose employm…

Conditions for Transfer Into Defined Contribution Plan by Class I and Class II Members of the Defined Benefit Plan. (a) Class I Members With Less Than 10 Years Contributing Member Service. The Administrator shall identify Class I members of the Northern Mariana Islands Retirement…

Members’ Contributions; Mandatory. (a) Each member shall contribute to the member’s individual account an amount equal to ten percent of the member’s compensation during the calendar year or a shortened year determined from the date of the first pay period commencing after the da…

Employer Contributions. (a) An employer shall contribute to each member’s individual account an amount equal to 4 percent of the member’s compensation during the calendar year or a shortened year determined from the date of the first pay period commencing after the date on which …

Rollover Contributions and Distributions. (a) An employee entering the plan may elect, at the time and in the manner prescribed by the administrator, to have all or part of a direct rollover distribution from an eligible retirement plan owned by the member paid directly into the …

Transmittal of Contributions. All contributions deducted in accordance with this chapter shall be transmitted to the plan for deposit in the trust fund as soon as administratively feasible, but in no event later than 15 days following the close of the payroll period. Source: PL 1…

Limitations on Contributions. Notwithstanding any other provisions of this plan, the annual additions to each member’s individual account under this plan and under all defined contribution plans of the employer required to be aggregated with the contributions from this plan under…

Vesting. (a) A participating member is immediately and fully vested in that member’s contributions and related earnings. Member’s contributions includes any rollover contributions made by the member. (b) A member shall be fully vested in the employer contributions made on that me…

Investment of Individual Accounts. (a) The administrator shall provide a range of investment options and permit a participant to exercise investment control over the participant’s assets in the member’s individual account as provided in this section. If a participant exercises co…

Distribution Election at Termination. (a) A member who has been contributing into the plan for at least two years is eligible to elect distribution of the member’s account in accordance with this section 60 days after termination of employment or giving notice of election to rece…

Forms of Distribution. (a) A participant may elect to receive the participant’s share of the individual account in a (1) Lump sum payment, which is a single payment of the entire balance in the account; (2) Periodic lump sum payment, which is a payment of a portion of the balance…

Manner of Electing Distributions. (a) Any election or any alteration or revocation of a prior election by a participant for any purpose under this plan shall be on forms or made in a manner prescribed for that purpose by the administrator. To be effective, the forms required or t…

Distribution Requirements. (a) Payments to a participant shall commence as soon as administratively feasible following the distribution commencement date. The distribution commencement date is the first date on which one of the following occurs: (1) A member meets the requirement…

Designation of Beneficiary. (a) Each participant shall have the right to designate a beneficiary and shall have the right, at any time, to revoke the designation or to substitute another beneficiary, subject to the following limitation: if a married member elects a nonspouse bene…

Rights Under Qualified Domestic Relations Order. (a) Notwithstanding the non-alienation provisions in § 8475(a), the administrator may direct that benefits be paid to someone other than a member or beneficiary under a valid qualified domestic relations order that is executed by t…