« ΠροηγούμενηΣυνέχεια »
Representative District No. 9, Ma'uputasi No. 3.-composed of the village of Pago Pago, one representative;
Representative District No. 10, Ma'uputasi No. 4-composed of the villages of Satala, Atuu and Leloaloa, one representative;
Representative District No. 11, Ma'uputasi No. 5.-composed of the village of Aua, one representative;
Representative District No. 12, Ituau-composed of the villages of Nu'uuli, Fagasa, Matuu and Faganeanea, two representatives;
Representative District No. 13. Fofo-composed of the villages of Leone and Auma, one representative;
Representative District No. 14, Lealataua-composed of the villages of Fagamalo, Fagalii, Poloa, Amanave, Failolo, Agagulu, Seetaga, Nua, Atauloma, Afao, Amaluia and Asili, one representative;
Representative District No. 15, Ma'upū-composed of the villages of Tafuna, Mesepa, Faleniu, Mapusaga Fou, Pavaiai, Iliili and Vaitogi, two representatives;
Representative District No. 16, Tualatai-composed of the villages of Futiga, Ituau (Malaeloa), Taputimu and Vailoati, one representative;
Representative District No. 17, Leasina-composed of the villages of Aitulagi (Malaeloa), Aoloau and Asu, one representative.
Senators and representatives shall be reapportioned by law at intervals of not less than 5 years.
The adult permanent residents of Swains Island who are United States nationals may elect at an open meeting a delegate to the House of Representatives who shall have all the privileges of a member of the House except the right to vote.
Section 3. Qualifications of members:
A Senator shall
(a) be a United States National;
(b) be at least 30 years of age at the time of his election;
(c) have lived in American Samoa at least 5 years and have been a bona fide resident thereof for at least 1 year next preceding his election; and (d) be the registered matai of a Samoan family who fulfills his obligations as required by Samoan custom in the county from which he is elected. A Representative shall
(a) be a United States National;
(b) be at least 25 years of age at the time of his election; and
(c) have lived in American Samoa for a total of at least 5 years and have been a bona fide resident of the representative district from which he is elected for at least 1 year next preceding his election.
A delegate from Swains Island shall have the qualifications of a Representative except that in lieu of residence in a representative district, he shall have been a bona fide resident of Swains Island for at least one year next preceding his election.
No person who shall have been expelled from the Legislature for giving or receiving a bribe or being an accessory thereto, and no persons who shall have been convicted of a felony under the laws of American Samoa, the United States, or the laws of any state of the United States, shall sit in the Legislature, unless the person so convicted shall have been pardoned and have had his civil rights restored to him.
No department head, judge, district governor, secretary of Samoan affairs, county chief, pulenuu, or any other public officer as may be provided by law shall be eligible to serve in the Legislature while holding such position.
Section 4. Manner of election: Senators shall be elected in accordance with Samoan custom by the county councils of the counties they are to represent, the number of senators from a county or counties to be as indicated: Fitiuta, Faleasao and Ta'u, two senators; Olosega and Ofu, one senator; Saole, one senator; Vaifanua, one senator; Sua, two senators; Ma'uputasi, three senators; Ituau, two senators; Ma'upũ, two senators; Leasina, one senator; Tualatai, one senator; Fofo, one senator; and Lealataua, one senator. The decisions of the members of the county councils of the counties concerned shall be certified by the county chiefs of such counties.
Representatives shall be chosen by secret ballot of the qualified electors of their respective representative districts.
Section 5. Elections: Elections shall be held biennially in each even numbered year beginning on the first Tuesday following the first Monday in November and ending not later than 4 weeks thereafter.
Section 6. Term of office: Each senator shall hold office for a term of four years. Representatives including any delegate from Swains Island shall each hold office for a term of two years. The terms of all members of the Legislature including any delegate from Swains Island shall commence at noon on the third day of January following their election, except as otherwise provided.
Section 7. Qualifications of electors: Every person of the age of 18 years or upwards who is a United States national and who has lived in American Samoa for a total of at least two years and has been a bona fide resident of the election district where he offers to vote for at least one year next preceding the election and who meets such registration requirements as may be prescribed by law shall be deemed a qualified elector at such election. No person under guardianship, non compos mentis, or insane shall be qualified to vote at any election; nor shall any person who has been convicted of a felony be qualified to vote at any election unless he has had his civil rights previously restored to him or unless he has maintained good behavior for 2 years following the date of his conviction or his release from prison whichever is the later.
Section 8. Legislative sessions: There shall be a regular session of the legislature held in each year beginning on the second Monday in February and continuing for not to exceed 40 consecutive calendar days. The Legislature may meet in special session at the call of the Governor who shall set the time for the beginning of such session and the number of consecutive calendar days it may last. No legislation may be considered in a special session other than that specified in the call for the special session or in a special message to the Legislature while in session, or except as otherwise provided in this Constitution.
The Governor shall address a joint meeting of the Senate and House at the opening of each session, including the special joint session referred to in Section 1 (c) of this Article.
Section 9. Enactment of law; vetoes: The enacting clause of all bills shall be: "Be it enacted by the Legislature of American Samoa," and no law shall be enacted except by bill. Bills may originate in either House, and may be amended or rejected by the other. The Governor may submit proposed legislation to the Legislature for consideration by it. He may designate any such proposed legislation as urgent, if he so considers it.
Every bill, having passed both Houses, shall be signed by the President of the Senate and the Speaker of the House, and shall, before it becomes a law, be presented to the Governor for his approval. If he approves it, he shall sign it and it shall become a law, and he shall deposit it in the office of the Secretary of American Samoa. But if it be not approved by him, he shall return it with his objections to the House in which it originated which shall enter the same in their journal. Any bill not returned by the Governor within 10 days (Sundays excepted) after having been presented to him, shall become a law, whether signed by him or not, unless the Legislature by adjournment prevent such return, in which case it shall not become a law unless the Governor, within 30 days after adjournment shall sign it, in which case it shall become a law in like manner as if it had been signed by him before adjournment; and the Governor shall deposit it in the office of the Secretary of American Samoa. Not later than 14 months after a bill has been vetoed by the Governor, it may be passed over his veto by a two-thirds majority of the entire membership of each House at any session of the Legislature, regular or special. A bill so repassed shall be re-presented to the Governor for his approval. If he does not approve it within 15 days, he shall send it together with his comment thereon to the Secretary of the Interior. If the Secretary of the Interior approves it within 90 days after its receipt by him, it shall become a law; otherwise it shall not.
If a bill presented to the Governor should contain several items of appropriation of money, he may object to one or more of such items, or any part or parts thereof, portion or portions thereof, while approving the other items, parts, or portions of the bill. In such a case he shall append to the bill, at the time of signing it, a statement of the items, or parts or portions thereof, to which he objects, and the items, or parts or portions thereof, so objected to shall not take effect. As used in this paragraph, the terms 'items', 'part', 'parts', 'portion' and 'portions' shall include a proviso or provisos, a directive, a limitation, or other extraneous substantive legislation included in an appropriations bill or appended to any item of appropriation in such an appropriations bill.
Furthermore, nothing in this section shall be deemed to permit any change in the law respecting the alienation or transfer of land or any interest therein to be effective unless such change shall have been approved by two successive Legislatures by a two-thirds vote of the entire membership of each House and by the Governor as provided in Section 3 of Article I.
Section 10. Passage of bills: A majority of all the members of each House, voting in the affirmative, shall be necessary to pass any bill or joint resolution. Section 11. Powers of each house: Each House shall keep a journal of its proceedings and publish the same, determine its rules of procedure, punish members for disorderly behavior, and, with the consent of two-thirds of its entire membership, may expel a member, but not a second time for the same offense. Each House shall sit upon its own adjournments, but neither House shall, without the concurrence of the other, adjourn for more than 3 days, nor to any other place than that in which it may be sitting.
Section 12. Freedom from arrest: Senators and representatives and any delegate from Swains Island in all cases except treason, felony, or breach of the peace, shall be privileged from arrest during a session (including a special joint session) of the Legislature, and in going to and returning from the same. No member of the Legislature shall be held to answer before any tribunal other than the Legislature itself for any speech or debate in the Legislature.
Section 13. Vacancies: When vacancies occur in either House, the Governor or the person exercising the functions of Governor shall issue writs of election to fill such vacancies except that if any such vacancy shall occur within three months of the next regular election, no special election shall be held and the Governor shall appoint a qualified person to fill such vacancy. Prior to appointing such person, the Governor shall in the case of a representative consult with the county chief or county chiefs in the representative district concerned; and in the case of a senator, with the District Governor and county chiefs in the district concerned. A person elected to fill a vacancy or appointed by the Governor to fill a vacancy shall hold office during the remainder of the term of his predecessor.
Section 14. Public sessions: The business of each House, and of the Committee of the Whole, shall be transacted openly and not in secret session.
Section 15. Reading-Passage of bills: No bill shall be passed until copies of the same with amendments thereto shall have been made available for the use of the members; nor shall a bill become a law unless the same shall have been read on two separate days in each House previous to the day of the final vote thereon. On final passage of all bills, they shall be read at length, section by section, and the votes shall be by yeas and nays upon each separately, and shall be entered upon the journal. The provisions of this section respecting the reading of bills shall be subject to the exception that a bill which has been vetoed by the Governor and re-introduced for passage over the Governor's veto need only be read on the day of the final vote thereon.
Section 16. Title: Every legislative act shall embrace but one subject and matters properly connected therewith, which shall be expressed in the title; but if any subject shall be embraced in an act which shall not be expressed in the title, such an act shall be void only as to so much thereof as shall not be expressed in the title.
Section 17. Amendments and revisions by reference: No law shall be amended or revised by reference to its title only; but in such case the act, as revised, or section or subsection as amended, shall be reenacted and published at full length.
Section 18. Appointment to new offices: No member of the Legislature shall, during the term for which he was elected and for one year thereafter, be appointed to any office which shall have been created or the salary of which shall have been increased by the Legislature during such term.
Section 19. Effective date of laws: An act of the Legislature required to be approved and approved by the Governor only shall take effect no sooner than 60 days from the end of the session at which the same shall have been passed, while an act required to be approved by the Secretary of the Interior only after its veto by the Governor and so approved shall take effect no sooner than 40 days after its return to the Governor by the Secretary of the Interior. The foregoing is subject to the exception that in case of an emergency the act may take effect at an earlier date stated in the act provided that the emergency be declared in the preamble and in the body of the act.
Section 20. Legislative counsel: A legislative counsel, who shall be learned in the law, shall be appointed by the Governor, the President of the Senate, and Speaker of the House by a majority vote, to advise and assist the Legislature The position of legislative counsel shall be a full-time position and compensation for the counsel shall be budgeted by the Governor at a grade level equivalent to that of the highest grade Assistant Attorney General of the Government of American Samoa. The legislative counsel shall also be the director of the Legislative Reference Bureau.
Section 21. Quorum: A majority of each House shall constitute a quorum for the transaction of business, but a small number may adjourn from day to day and may compel the attendance of absent members in such manner as each House may provide.
Section 22. Qualifications and officers: Each house of the Legislature shall be the judge of the elections, returns, and qualifications of its own members and shall choose its officers.
Section 23. Adjourning legislature: In case of disagreement between the two Houses with respect to the time of adjournment, the Governor shall have power to adjourn the Legislature to such time as he may think proper; but no such adjournment shall be beyond the time fixed for the next regular session of the Legislature.
Section 24. Special or exclusive privilege not to be granted; local or special laws: The power of the Government to act for the general welfare of the people of American Samoa shall never be impaired by the making of any irrevocable grant of special or exclusive privileges or immunities. Corporations may be formed under general laws but shall not be created by special act except for municipal, government, or quasi-governmental purposes in cases where the objects of the corporation cannot be attained under general laws. All general laws or special acts passed pursuant to this section may be amended or repealed. The Legislature shall pass no local or special act if a general act can be made applicable.
Section 25. Compensation of the legislature: The members of the legislature including any delegate from Swains Island shall each receive for his service an annual salary of $600.00.
In addition each such member and delegate from Swains Island shall receive $15.00 for each day of a special session and of a special joint session. The payment of the foregoing compensation shall be made at such time as may be provided by law.
The President of the Senate and Speaker of the House shall each receive additional compensation equal to one-half of the compensation received by a member.
Each member of the Legislature from Tutuila including Aunuu shall be issued a pass by the Government of American Samoa good for daily round trip public transportation between his village (if there is no public transportation to his village then the point nearest his village to which public transportation is available and Fagatogo during regular, special and special joint sessions of the Legislature. For his use in attending a session, whether regular, special or special joint, each member from Manua shall receive a pass from the Government of American Samoa good for one round trip by ship between Manua and Tutuila and in addition a pass good for daily round trip public transportation between the village of his actual residence in Tutuila and Fagatogo during regular, special and special joint sessions. Any delegate from Swains Island shall be paid $30.00 by the Government of American Samoa to cover the expense of his travel to attend a session whether regular, special or special joint. In addition, members who actually reside in and who maintain their homes in Manua and the delegate from Swains Island shall each receive a per diem as provided by law for each day of attendance at a legislative session.
ARTICLE III—JUDICIAL BRANCH
Section 1. Judicial power: The judicial power shall be vested in the High Court, the District Courts, and such other courts as may from time to time be created by law.
Section 2. Independence of the courts: The judicial branch of the Government of American Samoa shall be independent of the executive and legislative branches.
Section 3. Appointments: The Secretary of the Interior shall appoint a Chief Justice of American Samoa and such Associate Justices as he may deem necessary.
ARTICLE IV-EXECUTIVE BRANCH
Section 1. Appointments: The Governor of American Samoa and the Secretary of American Samoa shall be appointed as provided in the laws of the United States.
Section 2. Governor: The executive power shall be vested in the Governor of American Samoa, who shall take care that the laws be faithfully executed. He shall perform his duties under the general supervision of the Secretary of the Interior.
Section 3. Secretary: The Secretary of American Samoa, who may be referred to as Lieutenant Governor of American Samoa, shall have all the powers and duties of the Governor in the case of a vacancy in the office of Governor or the disability or temporary absence of the Governor. He shall record and preserve the laws and executive orders, and transmit copies thereof to the Secretary of the Interior. He shall have and perform such other duties as may be prescribed by law or assigned to him by the Governor.
Section 4. Secretary of Samoan affairs: The Secretary of Samoan Affairs shall be appointed by the Governor from among the leading registered matais. He shall hold office during the pleasure of the Governor. The Secretary of Samoan Affairs shall be the head of the Department of Local Government. In conjunction with the District Governors he shall co-ordinate the administration of the district, county, and village affairs as provided by law and also in conjunction with the District Governors he shall supervise all ceremonial functions as provided by law.
Section 5. Militia and posse comitatus: The Governor may summon the posse comitatus or call out the militia to prevent or suppress violence, invasion, insurrection, or rebellion.
Section 6. Executive regulations: The Governor shall have the power to issue executive regulations not in conflict with laws of the United States applicable to American Samoa, laws of American Samoa, or with this Constitution.
Section 7. Supervision and control by Governor: The Governor shall have general supervision and control of all executive departments, agencies and instrumentalities of the Government of American Samoa.
Section 8. Annual report: The Governor shall make an official report of the transactions of the Government of American Samoa to the Secretary of the Interior and the Legislature within three months after the close of each fiscal year.
Section 9. Pardoning power: The Governor shall have the power to remit fines and forfeitures, commute sentences, and grant reprieves and pardons after conviction for offenses against the laws of American Samoa.
Section 10. Recommendation of laws: The Governor shall give the Legislature information on the state of the Government and recommend for its consideration such measures as he may deem necessary and expedient. He may attend or depute another person to represent him at the meetings of the Legislature, and may give expression to his views on any matter before that body.
Section 11. Appointment of officials: With the exception of elective officials, those appointed by the Secretary of the Interior, and those whose appointments are otherwise provided for, the officials of the Government of American Samoa including district, county, and village officials shall be appointed by the Governor. Prior to appointing a district governor, a county chief, or a pulenuu, the Governor through the Secretary of Samoan Affairs shall request the recommendation of the appropriate district council as to who shall be appointed in the case of a district governor; of the appropriate county council and district governor, in the case of a county chief; and of the appropriate village council, district governor and county chief, in the case of a pluenuu. The Secretary of Samoan Affairs may also make his own recommendations to the Governor.
Section 12. Removal of officers; powers and duties of officers: The Governor may appoint or remove any officer whose appointment is not otherwise provided for. All officers shall have such powers and duties as may be conferred or imposed upon them by law or by executive regulation of the Governor not inconsistent with any law.
Section 13. Publication of laws: The Governor shall make provision for publishing laws within 55 days after the close of each session of the Legislature and for their distribution to public officials and sale to the public.
72-478 O - 72 - 8