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Northern Mariana Islands Statutes, Title 4

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Northern Mariana Islands/Statutes

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Title 4, Economic Resources

115 chapters · 1,834 sections in this title.

All chapters in Title 41,834 Ch 1, General Provisions308 Ch 4, Finances and Management201 Ch 8, Administrative Provisions196 Ch 5, Irrevocable Trust Fund185 Ch 3, Board of Directors141 Ch 2, Powers of the Authority127 Ch 6, Loan Write-offs97 Ch 10, Developer Infrastructure Tax Act78 Ch 9, Other Administrative Provisions76 Ch 21, Taulamwaar Sensible CNMI Cannabis Ac…74 Ch 18, Statutory Liens64 Ch 7, Bond Authorizations55 Ch 14, Non-Residential Construction Tax47 Ch 13, MPLT Line of Credit39

141 sections·Filtered byTitle 4✕Ch 3✕

4 CMC § 10301 Board of Directors: Membership and Quorum
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Board of Directors: Membership and Quorum. (a) The affairs of the authority shall be governed and controlled by a board of directors, which shall consist of seven members; (b) Members of the board shall be appointed by the Governor of the Northern Mariana Islands with the advice …
4 CMC § 10302 Board of Directors: Meetings of the Board
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Board of Directors: Meetings of the Board. (a) Quarterly Meetings Required. The board shall meet not less than once each quarter at a time and place designated at least 14 days in advance by the chairman. (b) Other Meetings. The board or the chairman may convene other meetings on…
4 CMC § 10303 Board of Directors: Compensation of Board Members
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Board of Directors: Compensation of Board Members. The members of the board shall be compensated pursuant to 1 CMC § 8247 and may be reimbursed in accordance with the Commonwealth law for any reasonable and necessary expenses incurred in the performance of their duties under this…
4 CMC § 10304 Board of Directors: Resignation, Removal and Vacancies of Board
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Board of Directors: Resignation, Removal and Vacancies of Board. An appointed member may at any time resign his office by notice in writing to the Governor. Upon resignation, removal or expiration of the term of appointment the member shall cease to sit on the board, and shall no…

4 CMC § 10305 Board of Directors: Duties and Powers of the Board

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Board of Directors: Duties and Powers of the Board. (a) Duties of the Board. The board shall have the following duties: (1) To govern the operation of the authority in a manner that further its purpose; (2) To take action necessary to the exercise by the authority of its powers u…

4 CMC § 10306 Officers of the Authority

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Officers of the Authority. (a) The officers of the authority shall be an executive director, a comptroller, and such other officers as the bylaws may require for the operation of the authority. (1) The board shall appoint an executive director. The person so appointed shall be kn…

4 CMC § 10307 Bonding Required of Directors and Officers

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Bonding Required of Directors and Officers. The directors and officers shall require the posting of fidelity bonds for authority personnel who handle public funds and may, at authority expense, post personal fiduciary bonds in an amount of not less than 100 percent of the total a…

4 CMC § 10308 Confirmation of Board: Transition

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Confirmation of Board: Transition. (a) The initial board of directors shall be appointed by the Governor, pursuant to 4 CMC § 10301(b), within 45 days of May 31, 1985. The Senate shall exercise its confirmation authority over the Governor’s appointees no later than 45 days after …

4 CMC § 1301 Tax on Gross Revenue

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Tax on Gross Revenue. (a) Except as otherwise provided, there is imposed on every person, a yearly tax on the person’s total gross revenue. The tax shall be determined in accordance with the following schedule: If the yearly total The tax on the yearly total gross revenue is betw…

4 CMC § 1302 Tax on Agricultural Producers and Fishing

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Tax on Agriculture Producers and Fishing. (a) In lieu of the tax rates of 4 CMC § 1301(a), the tax imposed on persons: (1) registered with the Commonwealth Council for Arts and Culture as artists; or (2) engaged in the business of producing agricultural products in the Commonweal…

4 CMC § 1303 Tax on Manufacturers and Wholesalers

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Tax on Manufacturers and Wholesalers. (a) In lieu of the tax rates of section 1301(a), the tax imposed on manufacturers and wholesalers shall be in accordance with the following schedule: If the yearly total gross The tax on the yearly total revenue is between: gross revenue is: …

4 CMC § 1305 Exemptions

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Exemptions. Notwithstanding any other provision, 4 CMC §§ 1301(a), 1302 and 1303 shall not apply to the gross revenue: (a) Derived from the revenue generated by the export of goods, resources, food, fish or agricultural products produced or manufactured in the Commonwealth and ex…

4 CMC § 1306 Education Tax Credit

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Education Tax Credit. (a) Person may take cash contributions made during the tax year to qualifying educational institutions as a nonrefundable credit against the tax imposed by 4 CMC §§ 1301, 1302, 1303, and 1304 to the extent provided by this section. No such credit shall be al…

4 CMC § 1307 Returns and Payments of Tax on Gross Revenue

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Returns and Payment of Tax on Gross Revenue. (a) In General. Every person subject to this chapter and every person conducting business within a Commonwealth Economic Incentive District shall file a return and pay the tax, if any, on a monthly basis. The secretary shall by regulat…

4 CMC § 1308 Nonrefundable Credit

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Nonrefundable Credit. (a) A person may take the tax imposed on gross revenues under 4 CMC § 1301, or any other Commonwealth tax or fee imposed under other divisions or titles of the Commonwealth Code in lieu of such tax (such as 4 CMC § 2202(e)), as a nonrefundable credit against…

4 CMC § 1309 Tax Relief

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Tax Relief. The tax imposed under 4 CMC § 1304 shall not apply to interest income received by the financing institution from loans made to the CNMI government pursuant to any interim financing arrangement authorized under PL 11-102. Source: PL 11-121, § 3, modified. Commission Co…

4 CMC § 1310 Tax on Marijuana Retailer

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Tax on Marijuana Retailer. In addition to the tax imposed by 4 CMC § 1301(a) a yearly surtax is imposed on total gross revenue of Marijuana Retailers, as defined in the Taulamwaar Sensible CNMI Cannabis Act of 2018, in the amount of fifteen percent, except gross revenue attributa…

4 CMC § 1311 Limitation on Deductions from Gross Revenue

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Limitation on Deductions from Gross Revenue. No deduction shall be allowed from gross revenues for the unpaid balance of any obligation or credit extended for gambling or gaming. Source: PL 21-26, § 2 (May 18, 2020), modified. Commission Comment: In addition to severability and s…

4 CMC § 1312 Long-Term Disability Employment Tax Credit

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Long-Term Disability Employment Tax Credit. (a) Any employer who hires an individual with a disability, as defined by the Americans with Disabilities Act of 1990, as amended (42 U.S.C. § 12101 et seq.), may qualify for a non-refundable tax credit of 40% of the wages paid to such …

4 CMC § 1313 Legal Services and Access to Justice Tax Credit

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Legal Services and Access to Justice Tax Credit. (a) A person may take cash contributions made during the tax year to qualifying nonprofit legal services organizations as a nonrefundable credit against the tax imposed by 4 CMC §§ 1301, 1302, 1303, and 1304 to the extent provided …

4 CMC § 2301 Exclusion from Gambling Prohibition

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Exclusion from Gambling Prohibition. Casino gaming and wagering is authorized in the Commonwealth provided that such gaming and wagering occurs in the casino facilities of the casino operator licensed pursuant to this chapter or in a casino licensed pursuant to the laws of a Sena…

4 CMC § 2302 Central Government Taxation

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Central Government Taxation. (a) The taxes imposed by 4 CMC § 1505, 4 CMC § 1503, Amusement Machines, 4 CMC § 1504, Limitation on Number of Poker Machine License Issued, and 4 CMC § 1506 Criminal Penalty, and 4 CMC § 1507, Regulations, shall not apply to the sole licensed casino.…

4 CMC § 2304 Criminal Penalties

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Criminal Penalties. (a) Any person who knowingly and willfully violates any provision of this chapter or any regulation issued by a casino commission shall, upon conviction, be subject to a fine not less than $10,000 nor more than $100,000, or be imprisoned for not more than thre…

4 CMC § 2305 Administrative Procedure

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Administrative Procedure. Any action taken by the Casino Commission, including the promulgation of any rule or regulation and the imposition of any civil penalty, shall be subject to the Administrative Procedure Act (1 CMC §§ 9101 et seq.). Provided that Commission orders regardi…

4 CMC § 2306 Fees and Initial Investment

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Fees and Initial Investment. (a) Application Fees. An applicant for a license under this chapter shall pay a one-time nonrefundable application fee of one million dollars. The applicant must submit an application to the Commonwealth Lottery Commission and deposit the one million …

4 CMC § 2307 Disposition of Revenues

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Disposition of Revenues. Notwithstanding any other law to the contrary, the moneys collected for the application and exclusive license pursuant to 4 CMC § 2306 shall be deposited into the Commonwealth Treasury to be kept separate and apart from the general funds of the Commonweal…

4 CMC § 2308 Disposition of Gross Revenues Tax

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Disposition of Gross Revenue Tax. The Secretary of Finance shall establish a special Casino Gross Revenue Tax (CGRT) Account separate from the general funds. The funds in the CGRT Account shall not lapse and not subject to fiscal year limitation.* In addition, the Secretary of Fi…

4 CMC § 2309 Commonwealth Casino Commission Regulatory Fee Fund

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Commonwealth Casino Commission Regulatory Fee Fund. (a) Casino Regulatory Fee. There is established a Casino Regulatory Fee, which is an annual fee due on or before October 1 of each year beginning October 1, 2015. The Casino Regulatory Fee is the only fee payable by the exclusiv…

4 CMC § 2311 Purpose of Article

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Purpose of Article. This article provides for and controls casino gambling in the Commonwealth pursuant to this chapter. Source: PL 18-38 § 5(201) (Mar. 21, 2014), modified; repealed by PL 18-56 § 2 and reenacted by PL 18-56 § 7(2311) (July 11, 2014).

4 CMC § 2312 Definitions

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Definitions. As used in this chapter, the term: (a) “Casino” means a place, area, structure, vessel, communication channel, or other thing, tangible or intangible, subject to licensing pursuant to this chapter for the conduct and playing of one or more games, or the acceptance of…

4 CMC § 2313 Establishment of Regulatory Commission

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Establishment of Regulatory Commission. (a) The Commonwealth Casino Commission is hereby established as an autonomous public agency of the government of the Commonwealth of the Northern Mariana Islands. As an autonomous public agency, it shall establish and maintain its own bank …

4 CMC § 2314 Powers and Duties of the Commission

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Powers and Duties of the Commission. The Commission shall have all the powers and authority necessary to carry out the purposes of this chapter, including, without limitation, the responsibility: (a) To conduct hearings pertaining to the violation of this chapter or regulations p…

4 CMC § 2315 Executive Director

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Executive Director. (a) The Commission shall hire an Executive Director who will be responsible for the overall administration of the Commission and the supervision of the casino licensee and others pursuant to this chapter. (b) Qualification of the Executive Director. The Execut…

4 CMC § 2316 Rules and Regulations

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Rules and Regulations. (a) The Commission shall promulgate rules and regulations to carry out the purposes of this chapter, including but not limited to, gaming promotional activities and licensing carried out by independent third parties (agents), granting of gaming credit, proh…

4 CMC § 2317 License

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License. (a) Casino License. (1) Exclusive License. (i) Number of Authorized License. (A) The granting of the exclusive casino license is within the discretion of the Commonwealth Lottery Commission. Only one license may be issued under this chapter. The Commonwealth Lottery Comm…

4 CMC § 2318 Investigations

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Investigations. (a) Prior to the issuance of the license under this title, the Commonwealth Lottery Commission shall investigate the applicant and any related or associated person holding more than five percent or more shares of the share capital up to the ultimate shareholder or…

4 CMC § 2319 Detention of Violators

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Detention of Violators. The operator of a casino, any employee or agent of such operator, or any person inspecting or monitoring a gaming establishment on behalf of the Commission, may, upon reasonable suspicion, detain in a suitable place in such gaming establishment (or elsewhe…

4 CMC § 2320 Exclusion or Removal

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Exclusion or Removal. A casino operator or any employee or agent of such operator may exclude or remove any undesirable person from a casino pursuant to regulations promulgated by the Commission and may use reasonable force to carry out such exclusion or removal. A casino may est…

4 CMC § 2321 Immunity for Detention, Exclusion, or Removal

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Immunity for Detention, Exclusion, or Removal. No civil or criminal action shall lie against any person for action reasonably taken pursuant to 4 CMC § 2319 or § 2320. Source: PL 18-38 § 5(211) (Mar. 21, 2014), modified; repealed by PL 18-56 § 2 and reenacted by PL 18-56 § 7(2321…

4 CMC § 2322 Entry by Law Enforcement Officers

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Entry by Law Enforcement Officers. A law enforcement officer may, without warrant, notice, or explanation, enter any area of a casino to which a patron of the casino or the public has access and, for such purpose, such area is a public place in which the officer may exercise any …

4 CMC § 2323 Gambling by Commission and Licensees Prohibited

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Gambling by Commission and Licensees Prohibited. (a) No member, officer, employee, or agent of the Commission shall play any game in or make any bet or wager: (1) the casino under the jurisdiction of the Commission; (2) any other gaming establishment reasonably associated with an…

4 CMC § 2324 Administrative Penalties

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Administrative Penalties. The Commission may, by regulation, provide civil penalties for the violation of this chapter or of any regulation or order issued pursuant to this chapter. No penalty may exceed $50,000, and a range of lesser penalties shall be provided for minor or inte…

4 CMC § 2325 Nonprofit Gaming Permits

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Nonprofit Gaming Permits. Notwithstanding the foregoing, the Secretary of Commerce’s authority to grant special gaming permits for charitable organizations and 6 CMC § 3157 as applicable to nonprofit gaming permits shall not be in any way affected by any provision of this chapter…

4 CMC § 2326 Persons Ineligible for Employment

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Persons Ineligible for Employment. Members of the 18th CNMI legislature and their immediate family as defined in 1 CMC § 8503(h), shall not be paid or receive any financial consideration nor shall they be retained as independent contractors or employed directly or indirectly by a…

4 CMC § 2327 Retroactive Application

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Retroactive Application. This chapter shall apply retroactively to March 21, 2014. Source: PL 18-56 § 7(2327) (July 11, 2014). Commission Comment: See also the comment to 4 CMC § 2301.

4 CMC § 2328 Serving of Alcohol

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Serving of Alcohol. Notwithstanding any other law to the contrary, a holder of a casino employee or casino key employee license issued by the Commonwealth Casino Commission who is under 21 years of age but at least 18 years of age may possess and serve, but may not consume, alcoh…

4 CMC § 2329 Contracts or Agreements with Certain Unsuitable or Unlicensed Persons Prohibited; Termination of Contract or Agreement

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Contracts or Agreements with Certain Unsuitable or Unlicensed Persons Prohibited; Termination of Contract or Agreement. (a) A person who has: (1) Been denied a license by the Commonwealth Casino Commission; (2) Been found unsuitable by the Commonwealth Casino Commission; or (3) H…

4 CMC § 2330 Remedies Are Cumulative

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Remedies Are Cumulative. The remedies of the Commonwealth Casino Commission, the Commonwealth, its political subdivisions and agencies for the imposition, collection and payment of any penalty, fine, fee, license fees, taxes, and interest provided for in the Commonwealth Code, th…

4 CMC § 2331 Remuneration, Contracts and Employment Prohibited for Certain Unsuitable or Unlicensed Persons

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Remuneration, Contracts and Employment Prohibited for Certain Unsuitable or Unlicensed Persons. If any person who is required by law or the regulations promulgated by the Commonwealth Casino Commission to be licensed or found suitable because of the person’s connection with a cor…

4 CMC § 2332 Inspections

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Inspections. (a) The Commonwealth Casino Commission may inspect every game, gaming device, gambling device, electronic table game, and associated equipment which is manufactured, sold or distributed for use in the Third Senatorial District, before it is put into play and may insp…