Chairman of the Constitutional Convention. Attest: Mulitauaopele-Sui’ava, Secretary of the Constitutional Convention. THE TENTH LEGISLATURE OF AMERICAN SAMOA First Special Session Begun and held at Fagatogo, Tutuila, American Samoa on Monday, the twenty second day of May one thousand nine hundred and sixty-seven. HOUSE CONCURRENT RESOLUTION Requesting the Secretary of the Interior to amend article I, section 2 of the revised constitution of American Samoa by a partial deletion of certain phrases relating to eminent domain procedures. Whereas, the Revised Constitution of American Samoa was approved by the Constitutional Convention of the people of American Samoa at its meeting in Fagatogo, American Samoa, on September 26, 1966 and by a majority of the voters of American Samoa voting in the general election in 1966; and Whereas, Article I, Section 2 of the Revised Constitution of American Samoa, contains certain phrases which this Legislature now believes are unduly restrictive of eminent domain procedures in American Samoa and which will make condemnation of land for public purposes virtually unworkable; and Whereas, this Legislature, in this special session, has just passed legislation concerning eminent domain procedures which make it possible to speedily give just compensation to land owners when land is condemned for public purposes, and whereas the Government of American Samoa has already placed these procedures into effect; and Whereas, the new condemnation law achieves the result the wording in Article I, Section 2 was designed to accomplish; Now, therefore, be it Resolved, That this Legislature request the Secretary of the Interior to delete portions of Article I, Section 2 of the Revised Constitution so that it shall read as follows: "No person shall be deprived of life, liberty, or property, without due process of law, nor shall private property be taken for public use without just compensation." A. P. LAUVAO-LOLO, President of the Senate. MUAGUTUTI'A F. TUIA, Speaker, House of Representatives. Amendment No. 1 ELEVENTH LEGISLATURE, SECOND REGULAR SESSION SENATE JOINT RESOLUTION NO. 3 Constitutional amendment prohibiting Government employees from also serving in the legislature and raising salaries of legislators. Whereas, the problems of government are increasingly complex and require the full-time attention of the Legislature; and Whereas, constituents have problems and needs requiring the attention of their legislators throughout the year and not just during legislative sessions; and Whereas, legislators who hold key positions in other branches of government cannot be spared from those posts for extensive periods of time while attending to legislative matters; and Whereas, conflicts of interest arise when a government employee also serves as a legislator; and Whereas, there are sufficient numbers of qualified American Samoans to serve each branch of government solely and independently without dual employment; Now, therefore be it Resolved, By the Legislature of American Samoa that the following amendments to paragraph 5 (last paragraph) of Section 3, Article II, Revised Consituation of American Samoa, and to Section 25, Article II, Revised Constitution of American Samoa be submitted for the approval or rejection of the voters eligible to vote for members of the House of Representatives at the next general election. Section 3. Qualification of members: No employee or public officer of the Government shall be eligible to serve in the Legislature while holding such position. The prohibition contained herein shall become effective on July 1, 1971. Section 25. Compensation of the legislature: Each member of the Legislature, except the delegate from Swains Island, shall receive for his services an annual salary of $6,000. The compensation for the delegate from Swains Island shall be $50 per day for each day of a legislative session actually attended by said delegate. The President of the Senate and Speaker of the House shall each receive additional compensation of $1,500 annually. Members who actually reside in and who maintain their homes in Manu'a or Swains Island shall receive a per diem as provided by law for each day of attendance at a legislative session. This constitutional amendment shall become effective on July 1, 1971. Instruction to voters: Sections 3 and 25 of Article II, Revised Constitution of American Samoa shall be voted upon together as one amendment. Therefore, only one "yes" and "no" box shall be provided for the two sections. A vote for or against one section shall therefore also be a vote for or against the other section. The Commissioner of Elections is hereby instructed to place this instruction immediately before the proposed amendment on the ballot sheet. SALANOA S. P. AUMOEUALOGO, Speaker, House of Representatives. Approved by Harrison Loesch, Assistant Secretary of the Interior, March 19, 1971. Amendment No. 2 ELEVENTH LEGISLATURE, SECOND REGULAR SESSION SENATE JOINT RESOLUTION NO. 5 Whereas, the problems of government are becoming increasingly complex and require the full time attention of Senators and Representatives; and Whereas, the annual 40 day regular session is insufficient time to efficiently and adequately provide for the increasing needs of the government; Now, therefore be it Resolved, By the Legislature of American Samoa that the following Amendment to paragraph 1 of Section 8, Article II, Revised Constitution of American Samoa, be submitted to the voters at the nest general election: Section 8. There shall be two regular sessions of the Legislature held each year, each session to last 30 days, the first session to begin on the second Monday in January each year and the second session to begin on the second Monday in July of each year. 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 days it may last. *** MULITAUAOPELE TAMOTU, President Pro Tempore, Senate. Vice-Speaker, House of Representatives. Approved by Harrison Loesch, Assistant Secretary of the Interior, March 19, 1971. Amendment No. 3 ELEVENTH LEGISLATURE, SECOND REGULAR SESSION SENATE JOINT RESOLUTION NO. 4 Whereas, the Legislature should be empowered to exercise its discretion in the appropriation of all local revenue; Now, therefore be it Resolved, By the Legislature of American Samoa that the following amendment to Section 1 (c), Article II of the revised Constitution of American Samoa, be submitted to the voters at the next general election : Section 1. Legislature: There shall be a Legislature which shall consist of a Senate and House of Representatives. The Legislature shall have authority to pass legislation with respect to subjects of local application, except that:*** (c) Money bills enacted by the Legislature of American Samoa shall not provide for the appropriation of funds in excess of such amounts as are available from revenues raised pursuant to the tax laws and other revenue laws of American Samoa. Prior to his final submission to the Secretary of the Interior of requests for Federal funds necessary for the support of governmental functions in American Samoa, the Governor shall prepare a preliminary budget plan. He shall submit such plan to the Legislature in joint session for its review and approval with respect to such portions as relate to expenditures of funds proposed to be appropriated by the Congress of the United States. SALANOA S. P. AUMOEUALOGO, President of the Senate. FAINUULELEI S. UTU, Speaker, House of Representatives. Approved by Harrison Loesch, Assistant Secretary of the Interior, March 19, 1971. ORGANIC ACT OF GUAM (Act of August 1, 1950, 64 Stat. 384, as amended to January 4, 1971) AN ACT To provide a civil government for Guam. and for other purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the “Organic Act of Guam." SEC. 2. The territory ceded to the United States in accordance with the provisions of the Treaty of Peace between the United States and Spain, signed at Paris, December 10, 1898, and proclaimed April 11, 1899, and known as the island of Guam in the Mariana Islands, shall continue to be known as Guam.1 SEC. 3. Guam is hereby declared to be an unincorporated territory of the United States and the capital and seat of government thereof shall be located at the city of Agana, Guam. The government of Guam shall have the powers set forth in this Act, shall have power to sue by such name, and, with the consent of the legislature evidenced by enacted law, may be sued upon any contract entered into 1 Codified, 48 U.S.C. 1421. with respect to, or any tort committed incident to, the exercise by the government of Guam of any of its lawful powers. The government of Guam shall consist of three branches, executive, legislative, and judicial, and its relations with the Federal Government in all matters not the program responsibility of another Federal department or agency, shall be under the general administrative supervision of the Secretary of the Interior." SEC. 4. [Repealed 3]. CITIZENSHIP BILL OF RIGHTS SEC. 5. (a) No law shall be enacted in Guam respecting an establishment of religion or prohibiting the free exercise thereof, or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble and to petition the government for a redress of their grievances. (b) No soldier shall, in time of peace, be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law. (c) The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated; and no warrant for arrest or search shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the person or things to be seized. (d) No person shall be subject for the same offense to be twice put in jeopardy of punishment; nor shall he be compelled in any criminal case to be a witness against himself. (e) No person shall be deprived of life, liberty, or property without due process of law. (f) Private property shall not be taken for public use without just compensa tion. (g) In all criminal prosecutions the accused shall have the right to a speedy and public trial; to be informed of the nature and cause of the accusation and to have a copy thereof; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense. (h) Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. (i) Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist in Guam. (j) No bill of attainder, ex post facto law, or law impairing the obligation of contracts shall be enacted. (k) No person shall be imprisoned for debt. (1) The privilege of the writ of habeas corpus shall not be suspended, unless, when in cases of rebellion or invasion or imminent danger thereof, the public safety shall require it. (m) No qualification with respect to property, income, political opinion, or any other matter apart from citizenship, civil capacity, and residence shall be imposed upon any voter. (n) No discrimination shall be made in Guam against any person on account of race, language, or religion, nor shall the equal protection of the laws be denied. (0) No person shall be convicted of treason against the United States unless on the testimony of two witnesses to the same overt act, or on confession in open court. (p) No public money or property shall ever be appropriated, supplied, donated, or used, directly or indirectly, for the use, benefit, or support of any sect, church, 2 As amended by Acts of September 21, 1959, 73 Stat. 588, and September 11, 1968, 382 Stat. 847. Codified, 48 U.S.C. 1421a. 3 Repealed by the Immigration and Nationality Act of June 27, 1952, sec. 403, 66 Stat. 280. denomination, sectarian institution, or association, or system of religion, or for the use, benefit, or support of any priest, preacher, minister, or other religious teacher or dignitary as such. (q) The employment of children under the age of fourteen years in any occupation injurious to health or morals or hazardous to life or limb is hereby prohibited. (r) There shall be compulsory education for all children, between the ages of six and sixteen years. (s) No religious test shall ever be required as a qualification to any office or public trust under the government of Guam. (t) No person who advocates, or who aids or belongs to any party, organization, or association which advocates the overthrow by force or violence of the government of Guam or of the United States shall be qualified to hold any public office of trust or profit under the government of Guam. (u) The following provisions of and amendments to the Constitution of the United States are hereby extended to Guam to the extent that they have not been previously extended to that territory and shall have the same force and effect there as in the United States or in any State of the United States: article I, section 9, clauses 2 and 3; article IV, section 1 and section 2, clause 1; the first to ninth amendments inclusive; the thirteenth amendment; the second sentence of section 1 of the fourteenth amendment; and the fifteenth and nineteenth amendments. All laws enacted by Congress with respect to Guam and all laws enacted by the territorial legislature of Guam which are inconsistent with the provisions of this subsection are repealed to the extent of such inconsistency.* THE EXECUTIVE SEC. 6. The executive power of Guam shall be vested in an executive officer whose official title shall be the 'Governor of Guam'. The Governor of Guam, together with the Lieutenant Governor, shall be elected by a majority of the votes cast by the people who are qualified to vote for the members of the Legislature of Guam. The Governor and Lieutenant Governor shall be chosen jointly, by the casting by each voter of a single vote applicable to both offices. If no candidates receive a majority of the votes cast in any election, on the fourteenth day thereafter a runoff election shall be held between the candidates for Governor and Lieutenant Governor receiving the highest and second highest number of votes cast. The first election for Governor and Lieutenant Governor shall be held on November 3, 1970. Thereafter, beginning with the year 1974, the Governor and Lieutenant Governor shall be elected every four years at the general election. The Governor and Lieutenant Governor shall hold office for a term of four years and until their successors are elected and qualified. No person who has been elected Governor for two full successive terms shall again be eligible to hold that office until one full term has intervened. The term of the elected Governor and Lieutenant Governor shall commence on the first Monday of January following the date of election. No person shall be eligible for election to the office of Governor or Lieutenant Governor unless he is an eligible voter and has been for five consecutive years immediately preceding the election a citizen of the United States and a bona fide resident of Guam and will be, at the time of taking office, at least thirty years of age. The Governor shall maintain his official residence in Guam during his incumbency. The Governor shall have general supervision and control of all the departments, bureaus, agencies, and other instrumentalities of the executive branch of the government of Guam. He may grant pardons and reprieves and remit fines and forfeitures for offenses against local laws. He may veto any legislation as provided in this Act. He shall appoint, and may remove, all officers and employees As amended by Act of September 11, 1968, 82 Stat. 847. Codified, 48 U.S.C. 1421b. |