Title 2
07 (Reserved)
08 (Reserved)
09 (Reserved)
14 Future Political Status Study Commission
Sections:
2.0101 Legislative journals.
2.0102 Compensation of legislators.
2.0103 Legislature may not raise its own compensation-Exception.
2.0104 Office expense fund for legislators.
2.0105 Administration
of oaths.
2.0106 Contempt of the Legislature.
2.0107 Appearance of American Samoa’s Washington Delegate.
2.0101 Legislative
journals.
(a) The corrected daily copies of the journals of
the Senate and House of Representatives, together with the indexes thereof,
constitute and are the official permanent record of the legislative
proceedings.
(b)
One copy of the daily permanent journals of the
House and Senate must be certified as follows:
I hereby certify that the
following house (or senate) journal of the legislative day is correct.
…………………………………………..
Chief
Clerk, House of Representatives
or
Secretary
of the Senate
(c)
The certified copies must be filed with the
Secretary of American Samoa not later than 30 days following the adjournment of
the Legislature. Duly certified copies of the journals must be received in all
courts of the Territory as original evidence, and are prima facie evidence of
the proceedings.
History: 1962, PL
7-28; 1968, PL 10-44.
2.0102 Compensation of
legislators.
(a) The annual salary of the President of the
Senate and the Speaker of the House is $30,000.
(b) The annual salary of other members of the
Legislature is $25,000.
(c) The annual salary of the delegate from
History: 1962, PL 7-28;amd 1974, PL 17-51;amd 1977; PL
13-51;amd 1978; PL 14-13 § 1; 1978, PL 15-74;amd 1982, PL 17-51 § 1; amd 1996,
PL 24-18.
Amendments: 1974
Raised compensation; 1977 Raised compensation; 1978 Amended generally; 1982
Raised compensation.
Reviser’s Comment:
Section 3 of PL 15-13 provided: "This act is
only effective if the Secretary of the Interior approves the amendment to
Article II, Section 25 of the Constitution of American Samoa, approved by the
qualified electors of
The Secretary approved the amendment
2.0103 Legislature may not raise its own compensation—Exception.
No
Legislature except the 15th, may raise its own compensation, but a
Legislature may raise the compensation of succeeding Legislatures.
History: 1977, PL 15-13 § 2.
Reviser’s Comment:
Section 3 of PL 15-13 provided: This act is only
effective if the Secretary of the Interior approves the amendment to Article II, Section 25 of the Constitution of American Samoa, approved by
the qualified electors of
The Secretary approved the amendment
2.0104 Office expense fund for legislators.
(a) There shall be paid in equal biweekly
installments an annual expense allowance of:
(1)
$30,000 per annum to each member of the Senate
and House of Representatives; and
(2)
$40,000 per annum to the President of the Senate
and Speaker of the House of Representatives.
(b) This allowance is for the purpose of
defraying expenses relating to or resulting from the discharge of their
official duties. An accounting of the
expenditures incurred by the member is not required.
The
allowance provided in this section is not income and the member is not required
to report the amount of the allowance as income for tax purposes.
History:
2001, PL 27-4, 2005, PL 29-2.
2.0105 Administration oaths
Any member of the Legislature, while acting
as a member or as a member of any committee thereof, shall have authority to
administer oaths to such persons as shall be examined before the Legislature or
any committee thereof.
History: 1988, PL
20-78.
2.0106 Contempt of the Legislature
(a) For
the purposes of this section, contempt of the Legislature shall consist of any
of the following acts:
(1) knowingly arresting a member or officer of the Senate or the House,
or procuring such member or officer to be arrested in violation of his
privilege from arrest;
(2)
disorderly conduct in the immediate view of the Senate, the House, or any
legislative committee, directly tending to interrupt its proceedings;
(3)
refusing to be examined as a witness before the Senate, the House, or any
legislative committee, or before any person authorized to take testimony in
legislative proceedings;
(4)
giving or offering a bribe to a legislator, or attempting, by menace or other
corrupt means or devise, directly or indirectly, to control or influence a
legislator’s vote, or to prevent his giving the same.
(b) A
person who is found in contempt of the Legislature is guilty of a class D
felony.
History: 1988, PL
20-78.
2.0107 Appearance of
Annually,
at a month to be determined by the President of the Senate, the Speaker of the
House, and the Congressman, the President and the Speaker shall invite
History: 1996, PL 24-15 § 1.
Chapter 02
SENATE
Sections:
2.0201 Membership.
2.0202 Districts.
2.0203 Election-Certification of results.
2.0204 Filling of vacancies-Term.
2.0201 Membership.
The
Senate has 18 members.
History: 1968, PL 10-38.
2.0202 Districts.
The Senate districts, and the
number of Senators to be elected therefrom, shall be as follows:
District 1: Fitiuta, Faleasao
and Ta’u Counties, 2 Senators;
District 2: Olosega and
District 3: Sa’ole County, 1 senator;
District 4:
District 5:
District 6: Ma’oputasi County, 3 Senators;
District 7: Itu’au County, 2 Senators;
District 8: Ma’upu County, 2 Senators;
District 9:
District 10:
District 11:
District 12:
History: 1968, PL 10-38.
2.0203 Election-Certification of results.
Senators
must be elected in accordance with Samoan custom by the county councils of the
county or counties they are to represent. The decision of the members of the
county councils must be certified by the county chiefs of such counties.
History: 1968, PL 10-38.
2.0204 Filling of
vacancies—Term.
(a) When vacancies occur in the Senate, the
Governor, or the person exercising the functions of Governor, shall issue writs
of special election to fill such vacancies, except that if any such vacancy
occurs within 3 months of the next regular election, no special election may be
held, and the Governor shall appoint a qualified person to fill such vacancy.
(b) Prior to appointing such person, the Governor
shall consult with the district governor and the county chief, or county
chiefs, in the district concerned.
(c) 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.
History: 1962,
PL 7-28; 1968, PL 10-38.
HOUSE OF REPRESENTATIVES
Sections:
2.0301 Membership.
2.0302 Districts.
2.0301 Membership.
The House has 20 members.
History: 1962,
PL 7-28; 1968, PL 10-35.
2.0302 Districts.
The
House districts, and the number of Representatives to be elected therefrom,
shall be as follows:
District
1: Ta’u, Fitiuta and Faleasao, 2 Representatives
District
2: Ofu, Olosega and Sili, 1 Representative;
District
3: Vaifanua, composed of the villages of Alao, Aoa, Onenoa,
District
4: Saole, composed of the villages of Aunuu, Amouli, Utumea and Alofau, 1 Representative;
Districts:
Sua No. 1, composed of the villages of Fagaitua, Amaua, Auto, Avaio, Alega,
Aumi and Laulii, 1 Representative;
District
6: Sua No. 2, composed of the villages of Sailele, Masausi, Masefau and Afono,
1 Representative;
District
7: Ma’oputasi No. 1, composed of the villages of Fatumafuti, Fagaalu and
Utulei, 1 Representative;
District
8: Ma’oputasi No. 2, composed of the
District
9: Ma’oputasi No. 3, composed of the
District 10: Ma’oputasi No.
4,composed of the villages of Satala, Atuu and Leloaloa, 1 Representative;
District 11: Ma’oputasi No. 5,
composed of the
District 12: ltuau, composed
of the villages of Nu’uuli, Fagasa, Matuu and Faganeanea, 2 Representatives;
District 13: Fofo, composed of
the villages of Leone and Amaua, 1 Representative;
District 14: Lealataua, composed of the villages
of Fagamalo, Fagalii, Poloa, Amanave, Failolo, Agagulu, Seetaga, Nua, Atauloma,
Afao, Amaluia and Asili, 1 Representative;
District 15: Ma’upu, composed of the villages of
Tafuna, Mesepa, Faleniu, Mapusaga Fou, Pavaia’i, Iliili and Vaitogi, 2
Representatives;
District 1 6: Tualatai,
composed of the villages of Futiga, ltuau (Malaeloa), Taputimu and Vailoatai,
1 Representative;
District 17: Leasina, composed
of the villages of Aitulagi (Malaeloa), Aoloau and Asu, 1 Representative.
History: 1962, PL 7-28; 1968, PL 10-35
Sections:
2.0401 Election of
officers-Oath Required-First order of business
2.0402 Senate elective officers
2.0403 House elective officers
2.0404 Terms and duties of Secretary of Senate
and clerk of House
2.0405 Appointed
officers—Compensation.
2.0406 Removal of officers
and employees.
2.0401 Election of officers—Oath required-First order of business.
(a) Elective officers of the Legislature must be
elected by secret ballot, and by a majority of all the votes cast, at the
opening of the Legislature. Before entering upon their duties, they shall take
and subscribe the oath prescribed by the Constitution of American Samoa.
(b) Neither the Senate nor the House may transact
any business, other than the election of officers, before such officers are
elected.
History: 1962, PL 7-28
2.0402 Senate elective
officers.
The
elective officers of the Senate must be a President of the Senate, who must be
a member of that body, one secretary, and one sergeant-at-arms.
History: 1962, PL 7-28.
2.0403 House elective
officers.
The
elective officers of the House of Representatives must be a Speaker, who must
be a member of that body, one chief clerk, and one sergeant-at-arms.
History: 1962, PL
7-28.
2.0404 Term and duties of Secretary of Senate and Clerk of the House.
(a) The Secretary of the Senate and the Chief
Clerk of the House serving at the close of a session shall remain in office
until the meeting of the next legislative session, to act in their respective
capacities until their successors are duly elected and qualified.
(b)
It is the duty of the Secretary of the Senate
and the Chief Clerk of the House to keep correct daily journals of the
proceedings of the Senate and House respectively, to have the custody of all
records, accounts and other papers committed to them, and to perform such other
duties as are assigned them by the Senate or House respectively.
History: 1962,
PL 7-28.
2.0405 Appointed officers—Compensation.
(a) The President of the Senate shall appoint 1
first assistant to the secretary, 1 bill clerk, 2 trained proofreaders, 2
pages, 2 messengers, 1 tape recorder operator, not more than 5 expert
stenographers and typists, and 1 translator to assist the Senate and its
various committees.
(b)
The Speaker of the House of Representatives
shall appoint 1 first assistant clerk, 1 bill clerk, 2 expert proofreaders, who
shall be clerks of the committee on correction of the House journals, 2 pages,
2 messengers, 1 tape recorder operator, 1 mimeograph machine operator, who
shall perform services for both the Senate and the House of Representatives,
not more than 5 expert stenographers and typists, and 1 translator to assist
the House and its various committees.
(c)
If the persons appointed under subsections (a)
and (b) of this section are unable to do the required work, the presiding
officer of each House may appoint additional expert stenographers and typists
sufficient to do the required work.
(d) The salaries of the appointed
officers must be fixed by the appointing authority, but the total of all
salaries may not in any event exceed the total amount budgeted for the purpose.
History: 1962, PL 7-28; 1966, PL 9-29.
2.0406 Removal of
officers and employees.
(a)
Each branch of the Legislature may remove its
elective officers and discharge its employees.
(b)
In case of removal of an elective officer, the
position shall be filled by secret ballot and by a majority of all the votes
cast.
History: 1962, PL 7-28.
Sections:
2.0501 Creation
2.0502 Powers
and duties
2.0503 Director-Appointment of staff
2.0504 Prohibited acts
2.0501 Creation.
There
is, as an agency within the Legislature, a Legislative Reference Bureau for the
use of the members of the Legislature.
History: 1967, PL 10-7.
2.0502 Powers and duties.
The
Legislative Reference Bureau has the following powers and duties:
(1) to assist the members of the Legislature in
the proper performance of their functions by providing them with impartial and
accurate information and reports concerning legislative problems that come or
may come before them;
(2) to provide a comprehensive research and
reference service on legislative and administrative problems;
(3) to secure reports of
various officers and boards of the Territory, and, as far as possible, of the
states and of the other Territories of the United States, and such other
material, periodicals and books, as will furnish the fullest information
practicable upon all matters pertaining to current or proposed legislation and
to legislative and administrative problems;
(4) to secure information
for the legislators by cooperating with the legislative reference services in
the various states and Territories, the National Conference of State
Legislatures, and the Council of State Governments;
(5) to furnish, upon the
written request of any member of the Legislature, a digest of information and
material pertaining to legislative problems;
(6) to draft or aid in
drafting bills, resolutions, memorials and amendments thereto, and to render
legal services in connection therewith, for any member of the Legislature upon
request; and
(7) to codify and continuously recodify the laws of American Samoa,
under the guidance of the policies of the Senate and House Committees on
Rules, into the American Samoa Code and assemble and publish collections of
acts, resolutions, and other measures of the Legislature. The Bureau may not
alter the meaning, effect, intent, or substance of any act, but within such
limitations, may renumber sections and parts of sections, rearrange sections,
change reference numbers to agree with renumbered chapters, sections or other
parts, substitute the proper subsections, section or chapter or other division
numbers, change capitalization for the purpose of uniformity, and correct
manifest clerical or typographical errors.
History: 1967, PL 10-7; 1969, PL 11-46; 1970, PL
11-115;amd 1973, PL 13-4; amd 1977, PL 15-30, PL 15-38.
Amendments: 1973 Paragraph (8): deleted
reference to “Code section” and rephrased paragraph.
1977 Public Law 15-30, in paragraph (4),
substituted “the National Conference of State Legislatures, and the Council of
State Governments” for “with the National Legislative Conference maintained by
the Council of State Governments”, and added the word ‘Territories”.
Public Law 15-38, in paragraph (7), added the
words “and continuously recodify”, and the words “under the guidance of the
policies of the Senate and House Committees on Rules, into the American Samoa
Code”.
2.0503 Director—Appointment
of staff.
(a) The Legislative Counsel shall be the Director
in charge of the Legislative Reference Bureau.
(b) The Legislative Counsel shall appoint such
technical, clerical, and stenographic assistance as may be necessary and as
provided for under appropriations made for the bureau.
History: 1967, PL 10-7; amd 1974, PL 13-45.
Amendments: 1974 Subsection
(c): deleted.
2.0504 Prohibited acts.
(a) Neither the person in charge of, any employee
of, or any official assigned to work with the Bureau may reveal to any person
outside of the Bureau the contents of matters of any request or statement for
services except upon request of the person making such request or statement.
(b) Neither the person in charge of, or any
employee of the Bureau may urge or oppose any legislation or give to any member
of the Legislature advice concerning the legal, economic, or social effect of
any bill or proposed bill except upon the request of such member.
History: 1967, PL 10-7.
Sections:
2.0601 Office
created
2.0602 Cooperation of government agencies
2.0601 Office created.
(a)
There is created a Legislative Financial Office. The head of the office is the
Legislative Financial Officer, who is appointed by the President of the Senate
and the Speaker of the House and compensated by the Legislature. The office is
directly responsible to the Legislature on matters of financial analysis,
review, study, or interest. The officer may appoint employees to implement the
purposes of this chapter and advise and assist the Legislature in its deliberations,
as provided for under appropriations made for the office.
(b) Unless otherwise directed by a Legislator
making request for information, the request and the resulting work product
shall first be submitted to the Legislator who requested it before it is
distributed.
History: 1978, PL 15-90 § 2; amd 1983, PL 18-8 § 1.
Amendments: 1983 Appointment and duties of
Legislative Financial Officer more specifically set forth.
2.0602 Cooperation of
government agencies.
The
agencies of the government shall cooperate with the Legislative Financial
Officer in order that he may carry out the investigations, studies, analyses,
and reports so directed to him by the Legislature, by opening their records to
the officer during normal working hours and times.
History: 1978, PL 15-90
§ 2.
(RESERVED)
(RESERVED)
(RESERVED)
Sections:
2.1001 Code of fair procedures-Establishment-Purpose.
2.1002 Definitions.
2.1003 Establishment of investigating committees.
2.1004 Adoption
of rules.
2.1005 Additional staff may be employed.
2.1006 Membership-Quorum-Action
by majority vote.
2.1007 Hearings.
2.1008 Issuance of subpoenas and filing of suit.
2.1009 Notice to witnesses.
2.1010 Conduct of hearings.
2.1011 Rights
to counsel and submission of questions.
2.1012 Testimony.
2.1013 Appearance
of interested persons.
2.1014 Contempt
of an investigating committee.
2.1015 Limitation of chapter.
2.1016 Contempt
of an investigating committee.
2.1017 Committee reports.
2.1018 Violation—Penalty.
2.1001 Code of fair procedures—Establishment—Purpose.
A code of fair procedures for legislative investigating
committees is established to provide for their operation in a manner which will
enable them to execute properly the powers and duties vested in them, including
the conduct of hearings in a fair and impartial manner, consistent with
protection of the constitutional rights of persons involved in the proceedings
and the preservation of the public good.
History: 1977, PL 15-56; amd 1988, PL 20-78.
2.1002 Definitions.
(a)
“Investigating committee” means a committee
created by law or resolution to inquire, research, or explore any matter on
which the Legislature may act. All
standing committees and their subcommittees are considered an investigating
committee.
(b)
“Hearing”
means any meeting in the course of an investigatory proceeding (other than a
preliminary conference or interview at which no testimony is taken under oath)
conducted by an investigating committee for the purpose of taking or adducing
testimony or receiving other evidence. A hearing may be open to the public or
closed to the public.
(c)
“Relevant” in reference to any form of
information sought by an investigating committee means any information which
tends to clarify or settle the establishment of any facts or matters under
investigation or which may lead to further information which tends to clarify
or settle such facts or matters.
History: 1977, PL
15-56; amd 1988, PL 20-78.
2.1003 Establishment of
investigating committees.
(a) An investigating committee may be established
by law or by resolution. It may exercise
its powers during sessions of the Legislature, and also in the interim between
sessions when so provided by law or by the resolution by which the committee
was established or from which it derives its investigatory powers.
(b)
The resolution or statute establishing an
investigating committee shall state the committee’s purposes, powers, duties,
duration, the subject matter and scope of its investigatory authority, and
number of members.
History: 1977, PL 15-56; amd 1988, PL 20-78.
Case Notes:
A Committee of one
house is a committee “of the Legislature.” Senate Select Investigating
Committee v. Horning, 3A.S.R.2d 14 (1986).
Committee created by one House of the Legislature is a committee “of
the Legislature” within the meaning of Territorial statute authorizing
committees to subpoena witnesses. A.S.C.A.
§ 2.1003 et seq. Senate Select Investigating Committee v. Horning, 3
A.S.R. 2d 14 (1986).
Territorial statute requiring legislative committees to adopt rules to
govern their procedures, and requiring that person served with subpoenas also
be served with a copy of the rules, was not satisfied by a committee’s decision
to adopt as “rules” the provisions of the statute itself. A.S.C.A. § 2.1003 et seq. Senate Select Investigating Committee v.
Horning, 3 A.S.R.2d 14 (1986).
2.1004 Adoption of
rules.
Each
investigating committee shall adopt rules, not inconsistent with law or any
applicable rules of the Legislature, governing its procedures, including the
conduct of hearings.
History: 1977, PL 15-56; amd 1988, PL 20-78.
Case Notes:
Adoption of statutory provisions of this chapter
does not constitute adoption of rules: set of separately written and adopted
rules required by this section. Senate Select Investigating Committee v.
Horning, 3 A.S.R.2d 14 (1986).
2.1005 Additional staff
may be employed.
(a)
Each investigating committee may employ for the
duration of the investigation professional, technical, clerical, or other
personnel as necessary for the proper performance of its duties. Funds shall be made available to it by the
house or houses which passed the law or resolution establishing the committee
subject to the restrictions and procedures relating to the investigating
committee as may be provided by law or any applicable rules of the Legislature.
(b)
Counsel for the investigating committee is fully
authorized to represent it or its members in any legal action by or against the
committee or member during the course of an investigation.
History: 1977, PL 15-56; amd 1988, PL 20-78.
2.1006 Membership-Quorum-Action
by majority vote.
(a) An investigating committee shall consist of
not less than 5 members.
(b) A quorum shall consist of a majority of the
total authorized membership of the committee.
(c) No action may be taken by a committee at any
meeting unless a quorum is present. Unless it is specified in this chapter or
any other statute that action must be taken by a majority or greater vote of
all of the members of the committee, action may be taken by a majority vote of
the members present and voting at a meeting at which there is a quorum.
History: 1977,
PL 15-56; amd 1988, PL 20-78.
Case
Notes:
Committee’s failure to comply with a statute requiring it to adopt rules and to serve a copy of these rules on person served with subpoena justified the refusal of a person served with subpoena to testify. A.S.C.A. §§ 2.1006, 2.1011, 2.1018. Senate Select Investigating Committee v. Horning, 3 A.S.R.2d 14 (1986).
2.1007 Hearings.
(a) An investigating committee may hold hearings
as it considers appropriate for the performance of its duties, at such times
and places as the committee determines.
(b) The committee shall provide by its rules that
its members be given at least 2 days written notice of any hearing to be held
when the Legislature is in session and at least 4 days’ written notice of any
hearing to be held when the Legislature is not in session. The notices shall
include a statement of the subject matter of the hearing. A hearing, and any
action there taken, shall not be considered invalid solely because notice was
not given in accordance with this requirement.
(c) A hearing may not be conducted by an
investigating committee unless a quorum is present.
History: 1977, PL 15-56; amd 1988, PL 20-78.
2.1008 Issuance of
subpoenas and filing of suit.
(a) By majority vote of all its members, an
investigating committee may issue subpoenas, including subpoenas duces tecum,
requiring the appearance of persons, production of relevant records, and the
giving of relevant testimony.
(c)
An investigating committee is authorized to file
any action in the High Court, which is directly related to the conduct and
purpose of its investigation. Such
action must be approved by a majority vote of all its members and be duly
recorded in the minutes of a committee meeting.
History: 1977, PL 15-56; amd 1988, PL 20-78.
Case Notes:
A Committee of one house is a committee “of the
Legislature.” Senate Select Investigating Committee v. Horning, 3 A.S.R.2d 14
(1986).
2.1009 Notice to witnesses.
(a)
Service of a subpoena authorized by this chapter
shall be made in the manner provided by law for the service of subpoenas in
civil actions at least 7 days prior to the time fixed in the subpoena for
appearance or production of records unless a shorter period of time is
authorized by majority vote of all of the members of the committee in a
particular instance when, in their opinion, the giving of 7 days’ notice is not
practicable; but if a shorter period of time is authorized, the person to
whom the subpoena is directed shall be given reasonable notice consistent with
the particular circumstances involved.
(b) Any person who is served with a subpoena also
shall be served with a copy of the resolution or statute establishing the
committee, a copy of the rules under which the committee functions, a general
statement informing him of the subject matter of the committee’s investigation
or inquiry and, if personal appearance is required, a notice that he may be
accompanied by counsel of his own choosing.
History: 1977, PL 15-56; amd 1988, PL 20-78.
2.1010 Conduct of hearings.
(a) All hearings of an investigating committee
shall be public unless the committee, by majority vote of all its members,
determines that a hearing should not be open to the public in a particular
instance.
(b) The chairman of an investigating committee,
if present and able to act, shall preside at all hearings of the committee and
shall conduct the examination of witnesses or supervise examination by other
members of the committee, committee counsel and members of the committee’s
staff who have been authorized to examine witnesses. In the chairman’s absence
or disability, the vice-chairman shall serve as presiding officer. The
committee shall provide by its rules for the selection of a presiding officer
to act in the absence or disability
of both the chairman and the vice-chairman.
(c) No
hearing, or part thereof, shall be televised, filmed or broadcast except upon
approval of the committee by a majority vote of all of its members.
(d) Public television shall be made available to
the committee when directed by the committee chairman after approval by
majority vote of all committee members.
Hearings shall then be televised live or taped as directed by the
committee for later broadcast.
History: 1977, PL 15-56; amd 1988, PL 20-78.
2.1011 Rights to counsel
and submission of questions.
(a) Every witness at a hearing of an investigating
committee may be accompanied by counsel of his own choosing. Counsel’s role is limited to advising the witness
as to his rights; provided, that limitations may be prescribed by the committee
to prevent obstruction of or interference with the orderly conduct of the
hearing.
(b) Any witness at a hearing, or his counsel, may
submit to the committee proposed questions to be asked of the witness or any
other witness relevant to the matters upon which there have been questions or
submission of evidence, and the committee shall ask such of the questions as
it may deem appropriate to the subject matter of the hearing.
History: 1977, PL 15-56; amd 1988, PL 20-78.
Case Notes:
Committee’s failure to comply with a statute requiring it to adopt rules and to serve a copy of these rules on person served with subpoena justified the refusal of a person served with subpoena to testify. A.S.C.A. §§ 2.1006, 2.1011, 2.1018. Senate Select Investigating Committee v. Horning, 3 A.S.R.2d 14 (1986).
2.1012 Testimony.
(a) An investigating committee shall cause a
record to be made of all proceedings in which testimony or other evidence 15
received or adduced, which record shall include rulings of the chair,
questions of the committee and its staff, the testimony or responses of
witnesses, sworn written statements which the committee authorizes a witness
to submit, and such other matters as the committee or its chairman may direct.
(b) All testimony given at a hearing shall be
under oath or affirmation unless the requirement is dispensed with in a
particular instance by majority vote of the committee members present at the
hearing.
(c) Any member of an investigating committee may
administer an oath or affirmation to a witness.
(d) The presiding officer at a hearing of an
investigating committee may direct a witness to answer any relevant question or
furnish any relevant book, paper, or other document. Unless the direction is
overruled by majority vote of the committee members present, disobedience shall
constitute grounds of citation for contempt, except that production of any
book, paper, or other document may be required only by subpoena.
(e) A witness at a hearing, or his counsel, with
the consent of a majority of the committee members present at the hearing, may
file with the committee for incorporation into the record of the hearing sworn
written statements relevant to the purpose, subject matter, and scope of the
committee’s investigation or inquiry.
(f) A witness at a hearing, upon his advance
request and at his own expense, shall be furnished a certified transcript of
his testimony.
(g) Testimony and other evidence given or adduced
at a hearing closed to the public may not be made public unless authorized by
majority vote of all of the members of the committee, which authorization
shall also specify the form and manner in which the testimony or other evidence
may be released. Nothing herein may be construed to prevent a witness or other
supplier of evidence from disclosing such of his own testimony or other
evidence concerning which only he could claim a privilege against disclosure.
History: 1977, PL 15-56; amd 1988, PL 20-78.
2.1013 Appearance of
interested persons.
(a) Any person whose name is mentioned or who is
otherwise identified during a hearing of an investigating committee and who, in
the opinion of the committee, may be adversely affected thereby, may, upon his
request or upon the request of any member of the committee, appear personally
before the committee and testify in his own behalf, or, with the committee’s
consent, file a sworn written statement of facts or other documentary evidence
for incorporation into the record of the hearing.
(b) Upon the consent of a majority of its members,
an investigating committee may permit any other person to appear and testify
at a hearing or submit a sworn written statement of facts or other documentary
evidence for incorporation into the record thereof. No request to appear,
appearance or submission of evidence shall limit in any way the investigating
committee’s power of subpoena.
History: 1977, PL 15-56; amd 1988, PL 20-78.
2.1014 Committee reports.
Every investigating committee shall
produce an official report of its investigation. Unless otherwise required by resolution or
law, such report shall be approved by a majority of the entire committee and
shall be, without further approval of either house of the Legislature,
considered the official report of the Legislature.
History: 1988, PL
20-78; amd 1988, PL 20-78.
2.1015 Limitations of chapter.
Nothing
contained in this chapter shall be construed to limit or prohibit the
acquisition of evidence or information by an investigating committee by any
lawful means not provided for herein.
History: 1977, PL 15-56.
2.1016 Contempt of an
investigating committee.
(a) A
person shall be in contempt if he:
(1) fails or refuses to appear before the
committee in compliance with a subpoena or, having appeared, fails or refuses
to testify under oath or affirmation;
(2)
fails or refuses to answer any relevant question or fails or refuses to furnish
any relevant book, paper, or other document subpoenaed by or on behalf of an
investigating committee;
(3) commits any other act or offense against an
investigating committee which, if committed against the Legislature or either
house thereof, would constitute a contempt.
(b) An investigating committee may, by majority
vote of all of its members, apply for a contempt citation to the single House
which created it or, in the case of a joint committee or a committee created by
law, to both Houses. The application
shall be considered as though the alleged contempt had been committed in or against
the entire House or Houses of the Legislature itself. If the investigating committee is an interim
committee, its application shall be made to the High Court.
History: 1977, PL 15-56;amd 1980, PL 16-90 § 4; amd 1988, PL 20-78.
Amendments: 1980 Amended to conform to penalties provided for in Title 46, Criminal
Justice.
Case Notes:
Committee’s failure to comply with rule requiring
separate written rules constitutes justification for refusal of witness to
answer questions, despite the fact that refusal was based on relevancy, not on
lack of rules, and court’s lack of finding that such non-compliance was either
material or prejudicial Senate Select Investigating Committee v. Horning. 3
A.S.R.2d 14 (1986).
2.1017 Immunity in
legislative investigation
(a)
When a witness refuses to testify or provide
requested information of any form or description, on the basis of the privilege
against self incrimination, before an investigating committee of either or both
houses of the Legislature the witness may be compelled to testify or provide
other information only upon the issuance of an order under this section.
(b)
In the
case of an individual who refuses to testify or provide information on the
basis of the privilege against self-incrimination, an investigating committee
may, upon request of a committee member, issue an order compelling such
individuals to testify and provide information, such order becoming effective
upon personal service on the witness at a hearing of the investigating
committee.
(c)
Before issuing such an order, the issuing body
shall make findings that the request for such an order has been approved by a
majority vote of all the members of the investigating committee requesting the
order except that in the case of a committee of a whole House or both Houses,
approval is required by a majority of all members present at a meeting called
for the purpose of deciding on the request.
(d)
Once an order is properly issued and served on a
witness at a hearing, the witness may not refuse to testify or provide
information on the basis of the privilege against self incrimination, but no
testimony or other information compelled under the order, nor evidence derived
from such testimony or information, may be used against the witness in any
criminal case, except for prosecution for perjury, giving a false statement, or
otherwise failing to comply with the order.
History: 1988, PL 20-78.
Case
Notes:
Committee’s failure to comply with a statute requiring it to adopt rules and to serve a copy of these rules on person served with subpoena justified the refusal of a person served with subpoena to testify. A.S.C.A. §§ 2.1006, 2.1011, 2.1018. Senate Select Investigating Committee v. Horning, 3 A.S.R.2d 14 (1986).
2.1018 Violation—Penalty.
(a) A person quilty of contempt under the
provisions of this chapter shall be sentenced as for a D felony.
(b) If an
investigating committee fails in any material respect to comply with the
requirements of this chapter, any person subject to a subpoena who is
substantially prejudiced by such failure shall be relieved of any requirements
of compliance. Such failure and
prejudice shall be a complete defense in any proceeding against such person for
contempt or other punishment.
(c) Either
or both Houses may discipline a member or employee of the committee or
Legislature and impose a penalty upon such member or employee who causes any
unauthorized disclosure of testimony or evidence.
History: 1988, PL 20-78.
Chapter 14
Future
Political Status Study Commission
Sections:
2.1401
Creation of a Future Political
Status Study Commission and membership.
2.1402
Functions of the Commission.
2.1403
Powers of the Commission.
2.1401 Creation of a
Future Political Status Study Commission and membership.
There is created a Future
Political Status Study Commission, which shall consist of eleven members:
(a) Two
members shall be chosen from among the Senate membership by the President of
the Senate.
(b) Two members shall be chosen from among the
House membership by the Speaker of the House of Representatives.
(c) The
Governor shall appoint 4 members from among the community.
(d) The
Board of Higher Education shall choose one member.
(e) The
Delegate at Large from
(f)
The Chief Justice of the High Court of American
Samoa shall choose one member.
The
members shall elect a chairman and a vice-chairman by majority vote. In no event shall the commission exist beyond
History: 1969, PL 11-39; 1970, PL 11-102; 1972, PL 12-47;
2005, PL 29-6; amd PL 29-24, 2006.
Reviser’s
comments: PL 11-39,
PL 11-102, PL 12-47 were not codified.
2.1402
Functions of the commission.
(a) The
commission shall study alternative forms of future political status open to
(b) The
commission shall study and appraise the history, the development and the
present status of political units comparable or relevant to American Samoa,
both within and without the jurisdiction of the United States and shall assess
the advantages and disadvantages of each.
(c) To
determine whether a single document is needed to set forth
(d) To
study and evaluate the impact of American Samoa’s political status and
relationship with the United States as to the economic, cultural, land tenure,
health, safety and social needs of American Samoa and the need for a
comprehensive study to include Swains Island.
(e) The
commission shall present its final complete report of its findings and
recommendations to the Governor, the Legislature, the Judiciary and the people
of
History: 1969, PL 11-39; 1970, PL 11-102; 1972, PL 12-47;
2005, PL 29-6; PL 29-24, 2006.
Reviser’s
comments: PL 11-39,
PL 11-102, PL 12-47 were not codified.
2.1403
Powers of the Commission.
The Commission shall have power:
(a)
To hold hearings, to compel the attendance and
testimony of witnesses, to order the production of documents and other tangible
evidence, to administer oaths, and to cite for contempt;
(b)
To employ necessary staff, including consultants,
and experts, to purchase necessary materials and supplies, to make necessary
publications and to engage in necessary travel with American Samoa and abroad,
and to take other necessary action for the performance of the functions
assigned in section 2.1402 of this Chapter, respecting functions of the
commission.
(c)
The basic pay for each member shall be paid, to
the extent that amounts are available, $75 for each day during which the member
is engaged in the actual performance of the duties of the commission.
(d)
A majority of the members present shall
constitute a quorum, but a lesser number may hold hearings.
(e)
The Chairman shall call the meetings or a
majority of the members of the commission shall call any meeting or hearing
after the initial meeting of the commission.
History: 1969, PL 11-39; 1970, PL 11-102; 1972, PL 12-47;
2005, PL 29-6.
Reviser’s
comments: PL 11-39,
PL 11-102, PL 12-47 were not codified.