ARTICLE X: TAXATION AND PUBLIC FINANCE
Section 1: Public Purpose.
A tax may not be levied and an appropriation of public money
may not be made, directly or indirectly, except for a public
purpose. The legislature shall provide the definition of public
purpose.
Source: Original provision (ratified 1977, effective
1978); amended by Second Const. Conv. Amend. 28 (1985).
Section 2: Report on Tax Exemptions. Every
five years the governor shall report to the legislature
on the social, fiscal and economic impact of tax exemptions
provided by law. The report may include recommendations
by the governor on tax exemption policy or laws.
Source: Original provision, unaltered (ratified 1977,
effective 1978).
Section 3: Public Debt Authorization.
Public debt may not be authorized or incurred without the
affirmative vote of two-thirds of the members in each house
of the legislature.
Source: Original provision, unaltered (ratified 1977,
effective 1978).
Section 4: Public Debt Limitation. Public
indebtedness other than bonds or other obligations of the
government payable solely from the revenues derived from
a public improvement or undertaking may not be authorized
in excess of ten percent of the aggregate assessed valuation
of the real property within the Commonwealth. Public indebtedness
may not be authorized for operating expenses of the Commonwealth
government or its political subdivisions.
Source: Original provision, unaltered (ratified 1977,
effective 1978).
Section 5: Real Property Taxes. No tax
may be levied upon any owner-occupied single family residential,
agricultural, or unimproved real property, unless approved
by three-fourths of the votes cast in an election conducted
in the senatorial district in which the tax is to be levied.
Source: Second Const. Conv. Amend. 29 (1985).
Section 6: Liquidation of Deficits. Before
October 1, 1985, the legislature shall adopt a seven-year
plan in which the government operations deficit through
fiscal year 1985 shall be retired in equal shares. If the
legislature fails to adopt or adhere to the plan, any person
may bring an action to require the government to reallocate
its expenditures in accordance with a deficit reduction
plan. If an operating deficit is incurred in future fiscal
years, the government shall retire the deficit during the
second consecutive fiscal year following the year.
Source: Second Const. Conv. Amend. 30 (1985).
Section 7: Government Employment. In the
annual appropriations acts, the legislature shall establish
ceilings on the number of persons that may be employed by
each branch, department, agency, authority and public corporation
of the Commonwealth to which public funds are appropriated.
Except upon specific approval by joint resolution of the
legislature, no public funds may be expended for personnel
in excess of the ceilings so established.
Source: Second Const. Conv. Amend. 30 (1985).
Section 8: Control of Public Finance. The
Department of Finance or its successor department shall
control and regulate the expenditure of public funds. The
department shall promulgate regulations including accounting
procedures that require public officials to provide full
and reasonable documentation that public funds are expended
for public purposes.
Source: Second Const. Conv. Amend. 31 (1985).
Section 9: Taxpayer's Right of Action.
A taxpayer may bring an action against the government or
one of its instrumentalities in order to enjoin the expenditure
of public funds for other than public purposes or for a
breach of fiduciary duty. The court shall award costs and
attorney fees to any person who prevails in such an action
in a reasonable amount relative to the public benefit of
the suit.
Source: Second Const. Conv. Amend. 31 (1985).
Case Annotations: Mafnas v. Commonwealth, 2 N.M.I. 248--254,
260, 262, 263; Govendo v. Micronesian Garment Mfg., Inc.,
2 N.M.I. 270--275, 276. In decision reversing ruling that
party lacked standing to bring action challenging Superior
Court judge's right to hold office of Presiding Judge
(on basis that judge was never appointed and confirmed
to the office) as a taxpayer suit pursuant to N.M.I. Const.
art. X, § 9, NMI Supreme Court would not remand for
ruling on the merits because: (1) the material facts were
not in dispute; (2) the question depended wholly on the
construction of statutes; and (3) the trial court had
already implicitly ruled on the merits and dismissed the
action with prejudice. Mafnas v. Commonwealth, 2 N.M.I.
248 (1991).
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