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 ARTICLE V-MISCELLANEOUS Section 1. Officers: For the public convenience and to insure continuity in the operation of the Government all officers of American Samoa, including district, county, and village officers, shall, subject to the right of resignation or removal as may be provided by law, continue to hold their respective offices until the expiration of the time for which they were respectively elected or appointed, except that senators elected at the general election in 1966 shall go out of office at noon on January 3, 1969. Regardless of any other provision or provisions in this Constitution the House of Representatives shall, prior to noon, January 3, 1969, consist only of those members elected at the general election in 1966 while the Senate prior to noon, January 3, 1969, shall consist only of the hold-over senators plus those elected at the general election in 1966. Also regardless of any other provision or provisions in this Constitution any vacancies occurring in either House prior to January 3, 1969 may be filled as provided in Article II, Section 13 of the Constitution which became effective on October 17, 1960. Section 2. Existing laws: All laws of American Samoa not inconsistent with this Constitution shall continue in force until they expire by their own limitation, or are altered or repealed by competent authority. Section 3. Amendments: Any amendment to this Constitution may be proposed in either House of the Legislature, and if the same be agreed to by three-fifths of all members of each House, voting separately, such proposed amendment shall be entered on the journals, with the yeas and nays taken thereon. The Governor shall then be requested to submit such proposed amendment to the voters eligible to vote for members of the House of Representatives at the next general election. If a majority of such voters voting approve such amendment, the Governor shall, within 30 days after such approval shall have been officially determined, submit the same to the Secretary of the Interior for approval or disapproval within 4 months after its receipt. Section 4. Revision of the Constitution: In view of the changing conditions in American Samoa, the Governor shall appoint a new Constitutional Committee five years after the effective date of this Constitution to prepare amendments or a revised draft constitution to be submitted to the Governor who shall call a constitutional convention to consider the same. The delegates to the convention shall be selected by their respective county councils. The number of delegates from each county shall be the number obtained by dividing the population of the county, as shown by the last preceding Federal census, by 400, any fraction in the quotient obtained to be disregarded if such fraction shall be less than one-half and if such fraction shall be one-half or more it shall be considered to be one unit, provided that each county shall have at least one delegate, and provided further that Swains Island shall have one delegate selected in open meeting by the adult permanent residents of the island who are United States nationals. If the convention approves such amendments or draft constitution either with changes made therein by the convention or without changes, the same as approved shall be submitted by the Governor to the voters eligible to vote for members of the House of Representatives at the next general election; and if a majority of the voters voting approve the amendments or proposed revised constitution, the Governor shall submit the same to the Secretary of the Interior for his approval, and if he approves the same, then the amendments shall become part of the Constitution or the proposed revised constitution shall replace this constitution, as the case may be. Salaries of employees of the Convention and per diem for delegates shall be provided by law. The government shall furnish the Convention with necessary supplies and other necessary services. Section 5. Existing rights and liabilities: Except as otherwise provided in this Constitution all existing actions, writs, suits, proceedings, civil or criminal liabilities, prosecutions, judgments, decrees, sentences, orders, appeals, causes of action, contracts, claims, demands, titles, and rights shall continue unaffected notwithstanding taking effect of this Constitution. Section 6. Oaths: All officers of American Samoa including district, county, and village officers, shall, before they enter upon the duties of their respective offices, take and subscribe the following oath: "I, of do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion, and that I will well and faithfully discharge the duties of the office on which I am about to enter, and that I will well and faithfully uphold the laws of the United States applicable in American Samoa, and the Constitution and laws of American Samoa. So help me God." Section 7. Construction: In this Constitution titles shall not be used for the purposes of construction and wherever any personal pronoun appears it shall be construed to mean either sex; also in this Constitution a special or particular provision shall control a general provision should there be any inconsistency between a special or particular provision and a general provision. Section 8. Provisions self-executing: The provisions of this Constitution shall be self-executing to the fullest extent that their respective natures permit. Section 9. Seat of Government: The seat of Government shall be at Fagatogo. Section 10. Political districts and counties: It is hereby recognized that there are three political districts in American Samoa, viz, Manua, composed of the political counties of Tau, Faleasao, Fitiuta, Olosega and Ofu; Eastern, composed of the political counties of Sua, Vaifanua, Saole, Ituau and Ma'uputasi; and Western, composed of the political counties of Fofō, Leasina, Tualatai, Lealataua and Ma'upu. Section 11. Effective date: This Constitution ratified and approved on June 2, 1967, by the Secretary of the Interior, acting pursuant to the authority vested in him by Executive Order No. 10264, dated June 29, 1951, of the President of the United States, and approved by the Constitutional Convention of the people of American Samoa at its meeting in Fagatogo, American Samoa, begun on September 26, 1966, and by a majority of the voters of American Samoa voting in the general election in 1966, shall become effective on July 1, 1967. Ratified and Approved: Subject to the deletion from Article I, section 2 of all after the title and the insertion in lieu thereof the text of Article I, section 2 of the Constitution of American Samoa effective October 17, 1960, to wit: "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." STEWART L. UDALL, Secretary of the Interior. We the undersigned, being the duly appointed Delegates to the Constitutional Convention, do hereby certify that the above and foregoing document was approved by us in Convention assembled as the revised Constitution of American Samoa. Leota, T., Fanene, F., Fua'olo-Lemoe, Tua'olo-Maliuga, Mageo, F., For and on behalf of Tau'u County: For and on behalf of Fitiuta County: RAPI SOTOA. LAAPUI, F. MA'O, T. |