HEALTH AND ECONOMIC WELFARE SERVICES
Chapters:
1 American Samoa Medical Center Act
3 Infectious and Communicable Disease
8-9 Reserved
12 Tobacco Master Settlement Agreement
13 Restriction of Smoking in Public and Private Places
14 (Reserved)
15 Judicial Commitment of Mentally Ill or Deficient
Chapter 01
Sections:
13.0101 American Samoa Medical Center-- Establishment.
13.0102 Medical Center--Powers and duties.
13.0103 Medical
Center--Board of Directors.
13.0104 Board
of Directors--Powers and duties.
13.0105 Chief
Executive Officer.
13.0106 Chief
Financial Officer.
13.0107 Medical
Director.
13.0108 Personnel.
13.0109 Medical
Center accounts--Establishment.
13.0110 Accounting
and Financial Management.
13.0111 Procurement.
13.0112 Budget.
13.0113 Legal
representation.
13.0114 Re-allocation
of existing resources.
13.0115 Re-allocation
of existing debts and liabilities.
13.0116 Effective
date.
13.0117 Transition.
13.0101 American Samoa
Medical Center—Establishment.
History: 1998, PL 25-20.
13.0102 Medical Center--Powers and duties.
The
(1) to provide quality medical attention within the constraints of available resources as required by statute;
(2) to operate, manage, and supervise all hospital facilities
and functions of the
(3) to provide mobile emergency services;
(4) to hire, supervise, and discipline health service professionals and other employees as necessary to fulfill its duties in accordance with the laws and rules applicable to American Samoa Government employees and 13.0108 of this act;
(5) to obtain expert advice and consultation in matters related
to the operation of the
(6) to procure, purchase, lease or otherwise acquire personal
property of every kind in accordance with American Samoa Government procurement
laws and rules and regulations promulgated by
(7) to hold, enjoy, inventory, and account for personal property of every kind;
(8) to sell and convey personal property of every kind in accordance with American Samoa Government procurement laws and rules or rules and regulations promulgated by Medical Center pursuant to this act;
(9) to obtain, manage, and expend financial gains for the purpose of transacting its business;
(10) to directly receive, and expend, federal grant funds as a sub-grantee of the American Samoa Government;
(11) to operate
(12) to establish and publish schedules of charges and fees for services in accordance with the Administrative Procedures Act, 4.1001 et seq. A.S.C.A.;
(13) to provide the Governor and the Legislature with quarterly financial reports, and an annual report each;
(14) to adopt administrative rules pursuant to the Administrative
Procedures Act, 4.1001 et seq. A.S.C.A., as are necessary for the efficient and
effective administration of the powers and duties of the
(15) to work with the Department of Health to coordinate activities directed toward health promotion and illness prevention; and
(16) to take such other action as is necessary to accomplish the full and convenient exercise of the foregoing powers and duties.
History: 1998, PL 25-20.
13.0103
(a) The
(b) The members of the Board of Directors shall be appointed by the Governor and confirmed by the Senate, and may be removed by the Governor only for cause.
(c) The Board of Directors shall be constituted as follows:
(1) two members with extensive financial or business management experience;
(2) one member who is an active or retired Medical Doctor;
(3) one member who has extensive health care administration, or public administration experience; and
(4) one member at large.
(d) No more than two
Directors may have their primary residence outside of
(e) No director may
serve while also employed by the
(f) The Medical
Director, Chief Executive Officer, and Chief of Nursing Services, of the
(g) Upon the effective date of this chapter, the Governor shall appoint five Directors for terms of one, two, three, four, and five years respectively, in order to establish staggered terms. Subsequently, the Governor shall make appointments for such periods as will maintain staggered terms, but with no term exceeding four years.
(h) Any vacancy arising during an unexpired term shall be filled by appointment of the Governor. Recess appointments may be made to fill vacancies caused by death, resignation, or removal for cause if the vacancy occurs while the Legislature is not in session. Recess appointments shall expire at the conclusion of the next following regular or special session of the Legislature if they are not confirmed during that session. Incumbents may continue to serve after the expiration of their terms until a successor is appointed and confirmed.
(i) The Board shall meet at least once per quarter. A quorum is three Directors. The Board may meet via video teleconference or by telephone.
(j) Board members shall be compensated at the rate of five thousand dollars per year, except the chairperson, who shall be paid six thousand dollars per year. Non-resident board members shall also receive compensation for necessary travel, lodging, meals, and telecommunication expenses incurred in the performance of their duties.
History: 1998, PL 25-20, amd
2004, PL 28-27.
13.0104 Board of Directors--Powers and duties.
All powers and duties vested in the
(1) elect officers at its first meeting, including a chairperson, vice-chairperson and others as the Board deems advisable. Thereafter, the Board shall elect officers annually at the first meeting of each fiscal year;
(2) appoint, supervise, and prescribe duties and compensation for the Chief Executive Officer, Chief Financial Officer, and Medical Director;
(3) ensure that the
(4) ensure that all
(5) adopt criteria and implement a process which ensures that decisions for making off-island medical referrals are based upon a rational, consistent, informed, and fair determination of medical necessity in accordance with the existing diagnostic and treatment capabilities of the Medical Center;
(6) provide for an accurate accounting and financial management system, and review the monthly operation statements and other financial reports as it deems necessary;
(7) negotiate agreements to make Medical Center resources available to the Department of Health when necessary to perform public health duties and respond to public health emergencies; and
(8) submit reports to the Governor as he directs from time to time.
History: 1998, PL 25-20.
13.0105 Chief Executive Officer.
The Chief Executive Officer shall be responsible for the
overall management of the
History: 1998, PL 25-20.
13.0106 Chief Financial Officer.
The Chief Financial Officer shall be responsible for the
financial management of the
History: 1998, PL 25-20.
13.0107 Medical Director.
The Medical Director shall be a physician who shall be
responsible for maintaining the quality of professional medical care provided
by the
History: 1998, PL 25-20.
13.0108 Personnel.
All officers and employees of the Medical Center other than
the Chief Executive Officer, Chief Financial Officer, and Medical Director, are
hired and compensated in accordance with the requirement of the American Samoa
Government personnel laws, 7.0101 et seq., except that the Board may adopt
administrative rules, pursuant to 4.1001 A.S.C.A., et seq., to supplant
government employee rules in the specific categories of personnel recruitment,
employment, termination of employee services, disciplinary action, and
compensation at levels comparable to prevailing medical service levels. The status of
History: 1998, PL 25-20.
13.0109
The
History: 1998, PL 25-20.
13.0110 Accounting and financial management.
The
History: 1998, PL 25-20.
13.0111 Procurement.
The
History: 1998, PL 25-20.
13.0112 Budget.
The
History: 1998, PL 25-20.
13.0113 Legal representation.
The Attorney General of American Samoa, as the attorney for
the American Samoa Government, shall represent the
History: 1998, PL 25-20.
13.0114 Re-allocation of existing resources.
The
History: 1998, PL 25-20.
13.0115 Re-allocation of existing debts and liabilities.
The
History: 1998, PL 25-20.
13.0116 Effective date.
This act is effective immediately upon passage by the
Legislature and approval by the Governor, due to the emergency need to satisfy
the federal requirements for continued eligibility of
History: 1998, PL 25-20.
13.0117 Transition.
Notwithstanding the effective date of this act, the
History: 1998, PL 25-20.
Chapter 02
DEPARTMENT OF HEALTH
Sections:
13.0201 General
powers of the department.
13.0202 Agents
and inspectors.
13.0203 Disbursement
of moneys.
13.0204 Rules.
13.0205 Subject
of health rules generally.
13.0206 Health
promotion and disease prevention.
13.0207 Community
health centers.
13.0208 Demonstration
projects.
13.0209 Health
information
13.0201 General powers of the department.
The Department of Health shall have general charge,
oversight, and care of the health and lives of the people of the
History: 1998, PL 25-22.
13.0202 Agents and inspectors.
There shall be appointed by the Director of Health a suitable number of agents and inspectors in such localities as may be necessary, who shall carry into effect all laws and regulations for the public health, and such ordinances relating to public health as the Director may direct.
History: 1998, PL 25-22.
13.0203 Disbursement of moneys.
For the purpose of carrying into effect the laws and regulations relating to the public health, the Department of Health may apportion and disburse all sums of money that are appropriated by the Legislature of American Samoa, or granted through federal health grants from the United States Government, or the World Health Organization.
History: 1998, PL 25-22.
13.0204 Rules.
The Department of Health may adopt such rules as it may consider expedient for the conduct of its business. The Department may amend or revise such rules from time to time. All rules made by the Department of Health shall be made in accordance with 4.1001 et seq., A.S.C.A.
History: 1998, PL 25-22.
13.0205 Subjects of health regulations generally.
(a) The Department shall make such rules as it deems necessary for the public health and safety inspection:
(1) Nuisances, foul or noxious odors, gases, vapor, waters in which mosquitoes breed or may breed, sources of filth, and causes of sickness or disease, within the respective districts of the Territory, and on board any vessel;
(2) Adulteration and misbranding of food or drugs;
(3) Location, air space, ventilation, sanitation, drainage, sewage disposal and other health conditions of buildings, courts, construction projects, excavations, pools, watercourses, and areas;
(4) Fish and fishing;
(5) Interments and dead bodies;
(6) Disinterments of dead human bodies, including the exposing, disturbing, or removing of such bodies from their place of burial, or the opening, removing, or disturbing after due interment of any receptacle, coffin, or container holding human remains or a dead human body or part thereof and the issuance and terms of permits for the aforesaid disinterments of dead human bodies;
(7) Cemeteries and burying grounds;
(8) Hospitals, and free standing outpatient clinics;
(9) Any place or building where noisome or noxious trades or manufactures are carried on, or intended to be carried on;
(10) Milk;
(11) Poisons and hazardous substances, the latter term including, but not limited to, any substance or mixture of substances which (A) is corrosive, (B) is an irritant, (C) is a strong sensitizer, (D) is inflammable, or (E) generates pressure through decomposition, heat, or other means, if such substance or mixture of substances may cause substantial personal injury or substantial illness during or as a proximate result of any customary or reasonably foreseeable handling or use, including reasonably foreseeable ingestion by children;
(12) Pig sties and chicken ranches;
(13) Places of business, industry, employment, commerce, and processes, materials, tools, machinery, and methods of work done therein, and places of public gathering, recreation, or entertainment;
(14) Any restaurant, theater, market, stand, shop, store, factory, building, wagon, vehicle, or place where any food, drug, or cosmetic is manufactured, compounded, processed, extracted, prepared, stored, distributed, sold, offered for sale, or offered for human consumption or use;
(15) Food, drugs, and cosmetics, and the manufacture, compounding, processing, extracting, preparing, storing, selling, and offering for sale or for consumption or use of any food, drug, or cosmetic;
(16) Sources of ionizing radiation;
(17) Medical examination, vaccination, revaccination, and immunization of school children. No child shall be subjected to such medical examination, vaccination, revaccination, or immunization, whose parent or guardian shall in writing object thereto on grounds that such requirements are not in accordance with the religious tenets of an established church of which he is a member or adherent, but no such objection shall be recognized when, in the opinion of the department there is danger of an epidemic or serious outbreak of any communicable disease;
(18) Disinfectization of aircraft entering or within the Territory as may be necessary to prevent the introduction, transmission, or spread of disease or the introduction or spread of any insect or other vector of significance to health;
(19) Fumigation which in the opinion of the department may be lethal, poisonous, noxious, or dangerous to human life.
(b) The Department may require such certificates, permits, or licenses as it may deem necessary to adequately regulate the conditions or businesses referred to in this section.
History: 1998, PL 25-22.
13.0206 Health promotion and disease prevention.
The Department of Health shall seek to improve and maintain the health of the people of the Territory through the planning and implementation of programs, activities, and services that promote healthy behaviors and reduce health related risks and hazards, and by programs and services that serve to prevent the incidence of disease and injury. Health promotion and disease prevention activities and services conducted by the Department of Health will include:
(1) a program of health education throughout the Territory for the purpose of informing the public as to the cause of common diseases and injuries, and effective strategies for reducing the risk of occurrence, or consequences of such diseases and injuries;
(2) health promotion and disease prevention activities and programs in the Territory, including maternal and child health; chronic disease prevention and control; child immunizations; child vision and hearing screening, children with special health care needs services, dental health screening and prevention services; epidemiology, nutrition education and assessments; and prevention of sexually transmitted diseases, including Acquired Immune Deficiency Syndrome (AIDS);
(3) the collection, analysis, and dissemination of statistical information pertinent to any of its activities;
(4) cooperation and collaboration with other governmental agencies on issues, programs, and activities related to health improvement and maintenance;
(5) such other appropriate functions as may be determined to be effective in promotion health and prevention disease.
History: 1998, PL 25-22.
13.0207 Community health centers.
The Department of Health shall administer and supervise
community health center facilities and functions on
History: 1998, PL 25-22.
13.0208 Demonstration projects.
The Department of Health may declare one or more community health centers as "demonstration projects". A demonstration project is defined as a community health center established under Section 330 (e) of the Public Health Services Act, or other such project initiated to provide community health services in a manner distinctly different from other government community health centers for the purpose of demonstrating the improved health benefits of such project, or projects.
Other provisions of the American Samoa Code Annotated notwithstanding, the scope of services, standards of quality and performance, degree of autonomy, organization and staffing models, and services fee structure, of community health centers declared demonstration projects shall be determined by the Director of Health, with the approval of the Governor, during the period a community health center is declared a demonstration project.
History: 1998, PL 25-22.
13.0209 Health information and statistics.
It shall be the responsibility of the Department of Health to administer a health information system which collects health and medical information. The health information system administered by the department may include system elements located in, and provide information services to, the hostel under cooperative agreements, or contracts, approved by the Director of Health and the hospital Board.
History: 1998, PL 25-22.
Chapter 03
INFECTIOUS AND COMMUNICABLE DISEASE
Sections:
13.0301 Authority
to declare diseases communicable.
13.0302 Health
care professionals to report--Penalty.
13.0303 Others
to report.
13.0304 Immunization
against infectious disease.
13.0305 Performance
of vaccinations and immunization.
13.0306 Inspection
for discovery of disease.
13.0301 Authority to declare diseases communicable.
The Director of Health, by rules adopted in accordance with 4.1001 et seq., A.S.C.A., may declare diseases or conditions to be communicable or dangerous to the public health.
History: 1998, PL 25-22.
13.0302 Health care professionals to report--Penalty.
(a) Every physician or health care professional having knowledge of any individual affected by or suspected of being affected by a disease or condition declared to be communicable or dangerous to the public health by the Director of Health shall report the incidence or suspected incidence of such disease or condition to the Department of Health in writing or in the manner and within the time period specified by the Department of Health. Every laboratory director having laboratory data regarding an individual affected by or suspected of being affected by a disease or condition declared to be communicable or dangerous to the public health shall report such diseases or conditions to the Department of Health in writing or in a manner, and within the time period specified by the Department of Health.
(b) Every physician, laboratory director, or health care professional who refuses or neglects to give such notice, or make such report, in the time period specified, may be fined in an amount not to exceed $1,000 per violation, to be assessed by the Director of Health. The Director of Health is authorized to impose the penalty pursuant to this section.
History: 1998, PL 25-22.
13.0303 Others to report.
The Director of Health shall have the authority to determine which other persons shall report to the Department of Health communicable diseases or conditions dangerous to the public health.
History: 1998, PL 25-22.
13.0304 Immunization against infectious disease.
The Department of Health may make rules requiring and governing immunization against typhoid fever, pertussis, diphtheria, tetanus, measles, mumps, hepatitis-B, and any other communicable disease, if a suitable immunizing agent is available for the disease and a need for immunization against it exists within the Territory. No person shall be subjected to vaccination, revaccination or immunization, who shall in writing object thereto on the grounds that the requirements are not in accordance with the religious tenets of an established church of which the person is a member or adherent, or, if the person is a minor or under guardianship, whose parent or guardian shall in writing object thereto on such grounds, but no objection shall be recognized when, in the opinion of the Director of Health, there is danger of an epidemic or serious outbreak of any communicable disease.
History: 1998, PL 25-22.
13.0305 Performance of vaccination and immunization.
Vaccinations or immunizations required of any person under this chapter shall be performed by duly licensed physicians, or paramedical or nursing personnel under the physicians directions, or authorized representatives of the Department of Health. A record of the immunization shall be maintained by the physician if in private practice, or the Department of Health if the vaccination is administered by a Department of Health employee, and shall be available to the Department of Education for school entry requirements.
History: 1998, PL 25-22.
13.0306 Inspection for discovery of disease.
When a complaint is made or reasonable belief exists that a communicable disease or other disease dangerous to public health is present in any house or elsewhere and has not been reported, the Director of Health shall make an inspection for the purpose of discovering whether any such disease exists.
History: 1998, PL 25-22.
Chapter 04
CANCER REGISTRY
Sections:
13.0401 Establishment.
13.0402 Cancer
registry data and confidentiality.
13.0403 Promulgation
of rules.
13.0401 Establishment.
A population-based, Territory-wide cancer registry is hereby established. The Department of Health shall administer and maintain the cancer registry established under this section.
History: 1998, PL 25-22.
13.0402 Cancer registry data and confidentiality.
The Department of Health shall collect, for each form of in-situ and invasive cancer (with the exception of basal cell and squamous cell carcinoma of the skin), data concerning:
(1) demographic information about each case of cancer;
(2) information on the industrial or occupational history of the individuals with the cancers, to the extent such information is available from the same record;
(3) administrative information, including date of diagnosis and source of information;
(4) pathological data characterizing the cancer, including the cancer site, stage of disease, incidence, and type treatment; and
(5) other elements determined by the Department of Health.
All data collected under this section shall be considered confidential as to the names of persons or physicians concerned, except that researchers may use the names of such persons when requesting additional information for research studies when such studies have been approved by the Director of Health.
History: 1998, PL 25-22.
13.0403 Promulgation of rules.
The Department of Health shall develop rules necessary to:
(1) ensure complete reporting by hospitals, laboratories, physicians and other health care practitioners diagnosing, or providing treatment for cancer patients;
(2) ensure access to all records that would identify cases of cancer or establish characteristics of the cancer, treatment of the cancer, or medical status of the individual patient;
(3) protect the confidentiality of all cancer data reported to the registry;
(4) establish the format, quality requirements, completeness, and timeliness of required data;
(5) and protect individuals complying with the law including provisions specifying that no person shall be held liable in any civil action with respect to a cancer case report provided to the cancer registry."
History: 1998, PL 25-22.
Chapter 05
VITAL STATISTICS
Sections:
13.0501 Birth
and death certificate.
13.0510 Definitions.
13.0511 Reporting
of births and deaths.
13.0512 Fathers
of illegitimates-Entry of name on records.
13.0513 Delayed
registration of birth-Application-Form and contents.
13.0514 Delayed
registration of birth-Supporting evidence.
13.0515 Delayed
registration of birth-Review of application.
13.0516 Delayed
certificate of birth-Evidence in judicial proceedings.
13.0517 Identification
cards.
13.0520 Procedure
upon discovery of dead body-Report required.
13.0521 Making
of required report relieves others of duty to report.
13.0522 Autopsies.
13.0523 Burial
permits.
13.0530 Amendment
of incorrect birth, death, or marriage record.
13.0540 Violation-Penalty.
13.0501 Birth and death
certificate
(a) Certificates of birth and death shall be completed by the Department of Medical Services of the Government of American Samoa and forwarded to the Registrar of Vital Statistics as soon as possible, but in no event more than 6 months after birth, (b) The Registrar shall charge a fee for issuing a certified copy of a certificate of birth or death pursuant to 43.0102.
History:1962, PL 7-12;
1968, PL 10-55.
13.0510 Definitions.
As used in this chapter:
(a) “Affidavit” means a written statement executed under oath by a person who at the time of birth was of sufficient age to have knowledge of the facts of birth and shall include the full name of the person whose birth is sought to be registered, the names of his parents, the date and place of his birth, and the basis of the affiant’s knowledge of these facts.
(b) “Documentary evidence” means an original or certified copy of a record which was executed at least 5 years prior to the date of application and which substantiates the date and place of birth of the person whose birth is sought to be registered; except that if the person whose birth is sought to be registered is under 12 years of age, the record need only have been executed at least 2 years before the date of application. Examples of documentary evidence which are generally considered acceptable are hospital records of birth, baptismal certificates or other church records, school and census records, statements in applications for insurance policies, military service records, voting registration records, family Bible records, the birth certificate of a child of the person whose birth is being registered, certificates of registry of marriage, and newspaper notices of birth.
History: 1968, PL 10-55.
13.0511 Reporting of births
and deaths.
(a) The birth of every child shall be reported promptly to the pulenuu of the village where the child was born, together with such further particulars as the pulenuu may request. Within 30 days from the date of birth, the child shall be footprinted on a birth certificate provided by the Department of Health. The report of birth shall be made by the father or mother, or in the event of the death, absence or inability of the father or mother, by the owner of the house or place where the child was born.
(b) The death of every person shall be reported promptly to the pulenuu of the village where the death occurred, together with such further particulars as the pulenuu may request. The report of death shall be made by the occupant of the house or place where the death occurred, or by the relatives of the deceased.
(c) The pulenuu shall report all births and deaths, with such particulars as may be required, within 10 days following the birth or death, to the department of medical services. These reports shall be forwarded promptly to the Registrar of Vital Statistics, together with such comment as is pertinent.
(d) Births and deaths
occurring at the
History:1962, PL 7-12; amd 1979, PL 16-25 § 1.
Amendments: 1979 subsections (a), id): added provisions relating to footprinting.
13.0512 Fathers of
illegitimates—Entry of name on records.
The father of an illegitimate child is not required to give information under this chapter regarding the birth of the child, and the father’s name may not be entered on the records unless requested in writing by both the mother and the person acknowledging himself to be the father.
History: 1962, PL 7-12.
13.0513 Delayed registration
of birth- Application- Form and contents.
(a) An application may be filed with the Registrar of Vital Statistics for the delayed registration of birth of any person born in this territory whose birth is not registered. Such application may be made only by the person whose birth is sought to be registered if he is 18 years of age or over at the time of filing the application. If the person whose birth is sought to be registered is under 18 years of age at the time of filing the application, the application may be made only by his mother, father, guardian, or matai.
(b) The application
shall be made on the forms prescribed and furnished by the Registrar of Vital Statistics
and shall contain such information and be accompanied by such affidavits and
documentary evidence as required to enable the Registrar to determine whether
such birth did in fact occur at the place and date alleged. The application and
the birth certificate, if issued, shall contain the fingerprints of the
applicant if the applicant is over 18 years of age, signed photographs of a
size and type substantially similar to that required for
History:1968, 10-55; amd 1979, PL 16-25 § 1.
Amendments: 1979 Subsection (b): added second and third
sentences relating to fingerprints and photos.
13.0514 Delayed registration of birth- Supporting evidence.
(a) When a birth is sought to be registered under this chapter and the date of application is less than 7 years following the date of birth, only one affidavit, of either the physician or other attendant at birth, or of the mother or father of the person whose birth is sought to be registered, is required.
(b) When a birth is sought to be registered under this chapter and the date of application is 7 years or more following the date of birth, there shall be required documentary evidence and affidavits as follows:
(1) two pieces of documentary evidence, at least one of which shall support the parentage; or
(2) one piece of documentary evidence and 2 affidavits, one by the physician and one by another attendant at birth; or
(3) one piece of documentary evidence and 2 affidavits executed by either the mother, father or another person having knowledge of the birth.
(c) The Registrar of Vital Statistics may dispense with the production of documentary evidence where he determines that it is unlikely that any exists.
History:1968, PL
10-55.
13.0515 Delayed registration
of birth- Review of application.
(a) Upon receipt by the Registrar of Vital Statistics of an application for delayed registration of birth, and payment of a reasonable fee to be set by the Registrar, the Registrar shall review the application, together with the affidavits and accompanying documentary evidence, and may accept the application if they comply with the provisions of this chapter.
(b) After acceptance by the Registrar, the application shall constitute a delayed certificate of birth, and the Registrar shall permanently preserve it.
(c) The Registrar shall maintain an index of all such certificates.
History: 1968, PL 10-55.
13.0516 Delayed certificate of birth-Evidence in judicial proceedings.
Delayed certificates of birth issued pursuant to this chapter shall not be considered as evidence in any action or proceeding involving estates or decedents or in any proceeding to establish heirship unless the affidavit of at least one person who knew the facts was filed at the time of the obtaining of the certificate.
History:1968, PL
10-55.
13.0517 Identification cards.
(a) The Registrar of Vital Statistics is authorized and directed to prepare application forms necessary to issue an identification card to any American Samoan who requests one. The forms shall contain information required by the Registrar and be accompanied by such affidavits and documentary evidence necessary to enable the Registrar to ascertain the accuracy of the information. At a minimum the forms shall contain inquiries with respect to:
(1) the date and place of birth;
(2) the name of the father and mother if known;
(3) the sex of the applicant; and
(4) such additional matters as may be prescribed.
(b) The information on the application and photographs made under the provisions of this section shall be confidential, and shall be made available only to the applicant. If the applicant is under the age of 18 years of age the application shall be executed by one of the parents or legal guardian of the applicant.
(c) The Registrar of Vital Statistics shall set annually a fee for this service which fee shall cover all costs involved in producing the forms and identification cards.
History: 1990, PL 21-42.
13.0520 Procedure upon
discovery of dead body-Report required.
(a) In case any dead body is found, and in case of any accidental death or death allegedly caused by unlawful means, the pulenuu shall report it without delay to the Attorney General for investigation. If such is not possible, the report shall be made to the local representative of the Department of Health, who is authorized to act as coroner to investigate and report his findings to the Attorney General.
(b) The body shall not be removed until the arrival of the Attorney General or investigating officer unless necessary to prevent probable loss or mutilation of the body.
(c) No burial may take place until approved by the Attorney General.
History: 1962, PL 7-12.
13.0521 Making of required
report relieves others of duty to report.
A report required by this chapter, when made by one of several persons responsible for making it, shall relieve the others of the duty to report.
History: 1968, PL 10-55.
13.0522 Autopsies.
(a) When any person dies, and the cause of death cannot otherwise be satisfactorily ascertained, an autopsy of the body to discover the cause of death may be performed if the Attorney General certifies in writing that the autopsy is necessary for the detection of possible crime, or if the Director of Health certifies in writing that the autopsy is necessary for public health purposes. The autopsy may be performed by a duly licensed physician or Samoan medical officer.
(b) It is unlawful for any person to obstruct or interfere with an autopsy authorized under this section.
History:1962, PL 7-12.
13.0523 Burial permits.
(a) The body of a deceased Samoan shall not be buried until a burial permit has been issued by the county chief or his authorized representative.
(b) The body of a deceased non-Samoan shall not be buried until a burial permit has been issued by the Attorney General.
History:1962, PL 7-12.
13.0530 Amendment of
incorrect birth, death, or marriage record.
(a) Whenever the facts are not correctly stated in any certificate of birth, death, or marriage already registered, the person asserting the error may make an affidavit under oath stating the changes necessary to make the record correct, supported by the affidavit of one other person having knowledge of the facts, and file it with the Registrar.
(b) The Registrar of Vital Statistics shall review the affidavits and documents and may require further supporting evidence when he believes that it is necessary. If the Registrar is satisfied that the correction is properly supported, he shall accept the amendment.
(c) When the amendment is accepted, it shall be filed with and become a part of the pertinent record, but the original record shall not be altered. Certified copies of certificates may be made showing the correct information, but must show that it is an amended birth certificate.
History:1968, PL
10-55.
13.0540 Violation-Penalty.
Any person who violates a provision of this chapter shall be guilty of a class B misdemeanor and upon conviction, sentenced accordingly.
History:1968, PL 10-55; amd 1980, PL 16-90 § 54.
Amendments: 1980 Amended to conform with penalties
provided for in Title 46, Criminal Justice.
Chapter 06
MEDICAL TREATMENT
Sections:
13.0601 Definitions.
13.0602 Persons
entitled to free medical attention-Limitations-Extent.
13.0603 Fees-Deposit
of money.
13.0601 Definitions.
As used in this chapter, unless the context clearly requires otherwise:
(1) "
(2) "Medical attention", means direct patient care provided by a medical doctor, medical officer, osteopath, dentist, or dental officer, including drugs and medicines prescribed as part of that care.
(3) "Use of
Medical Center facilities", means all services and operations of
History: 1998, PL 25-20.
Case Notes:
Territorial statute
which required the government to provide free medical services to all citizens,
and which did not require citizens who had ability to pay their own medical expenses
to reimburse the government, implicitly required that government's claim for
reimbursement from tortfeasor's insurer should be
subordinate to victim's claim for pain and suffering. A.S.C.A. § 13.0601. American International
Underwriters v.
ASG provides free
medical attention to American Samoans and qualified residents, but it can,
under the equitable principle of subrogation, look to the tortfeasor
for reimbursement. A.S.C.A. §
13.0601. Puailoa
v. Barber, 19 A.S.R.2d 48 (1991).
13.0602 Persons entitled to
free medical attention-Limitations-Extent.
(a) Medical attention shall be provided free of charge by the government to the following persons:
(1) all American
Samoans, including those who are not American Samoans but are married to an
American Samoans, and their children if they are residing in
(2) non-American
Samoans who have legally resided in
(3) civil service
employees of the
(b) Free medical attention is limited to persons presenting themselves at Department of Health clinics, health centers, or Medical Center facilities and does not include house visits or consultation at other places unless made at the convenience of the physician, but nothing contained in this section may be construed as limiting the right of the Department of Health, or the Medical Center to make a reasonable charge for the use of their respective facilities.
(c) Dental attention shall be rendered in the same manner and under the same conditions as medical attention.
History:1962, PL 7-12;
1968, PL 10-36;amd 1972, PL 12-43; amd 1998, PL
25-20.
Case Notes:
Insured’s
claim for damages against insurer takes priority over government’s claim
against same insurer for reimbursement for paying medical expenses of insured
when government’s claim, if paid, would deprive insured of recovery to which he
is entitled. American International Underwriters v. A.S.G., 3 A.S.R.2d 115
(1986).
Territorial statute which required the
government to provide free medical services to all citizens, and which did not
require citizens who had ability to pay their own medical expenses to reimburse
the government, implicitly required that government’s claim for reimbursement
from tortfeasor’s insurer should be subordinate to
victim’s claim for pain and suffering.
A.S.C.A. § 13.0601. American
International Underwriters v.
ASG provides free medical attention
to American Samoans and qualified residents, but it can, under the equitable principle of
subrogation, look to the tortfeasor for
reimbursement. A.S.C.A. § 13.0601. Puailoa v. Barber,
19 A.S.R.2d 48 (1991).
13.0603 Fees-Deposit of
money.
(a) Professional and
other service and administrative charges shall be made by the Department of
Health (including Samoan medical and dental officers) and the
(b) Charges of an
amount to be fixed annually by the
(c) All money
received as a result of
History:1962, PL 7-12;
1969, PL 11-47;amd 1972, PL 12-43; amd 1998, PL
25-20.
Chapter 07
STATE MEDICAID PROGRAM
Sections:
13.0701 Establishment-Department
of Health designated state agency.
13.0702 Designation
of State Medicaid Director.
13.0703 Mandatory
reporting.
13.0701 Establishment--Department of Health designated state agency.
The Department of Health is hereby designated as the state
agency for the medicaid program in
History: 1998, PL 25-22.
13.0702 Designation of state medicaid director.
The Director of Health shall designate an individual in the Department of Health as State Medicaid Director to administer the medicaid program.
History: 1998, PL 25-22.
13.0703 Mandatory reporting.
The modified annual medicare/medicaid cost report and other financial reports required
by the medicaid state plan will remain the
responsibility of the
History: 1998, PL 25-22.
Chapters 08-09
RESERVED
Chapter 10
MEDICINE AND DRUGS
Sections:
13.1001 Definitions.
13.1002 Authority
to control.
13.1003 Confidentiality.
13.1004 Opiates.
13.1005 Opium
derivatives.
13.1006 Hallucinogens.
13.1007 Extracted
or chemical made substances.
13.1008 Additional
opiates.
13.1009 Stimulants.
13.1010 Depressants.
13.1011 Nalorphine.
13.1012 Narcotic
drugs in limited amounts.
13.1013 Barbiturates.
13.1014 Combinations
with nonnarcotics.
13.1020 Prohibited
actions.
13.1021 Counterfeiting
controlled substance unlawful.
13.1022 Possession
of controlled substance unlawful.
13.1023 Subsequent
offenses.
13.1024 Deferred
proceedings.
13.1030 Powers
of authorities.
13.1031 Restraint
or injunction of violations.
13.1032 Forfeiture-Substances
subject to.
13.1033 Forfeiture-Seizure
without process.
13.1034 Forfeiture-Contraband.
13.1035 Forfeiture-Seizure
of plants providing derivatives.
13.1036 Burden
of proof.
13.1037 Liability
of officials.
13.1040 Import
and sale of drugs and medicines-Permission required.
13.1041 Export
of drugs, medicine and medical supplies-Permission required.
13.1042 Violation-Penalty.
13.1001 Definitions.
As used in this chapter, unless the context otherwise requires:
(a) “Controlled substance” means a drug, substance, or immediate precursor listed in 13.1004 through 13.1014.
(b) “Deliver” means the actual, constructive, or attempted transfer from one person to another of a controlled substance, whether or not there is an agency relationship.
(c) “Director” means the Director of Medical Services.
(d) “Dispense” means to deliver a controlled substance to an ultimate user or research subject, including the prescribing, administering, packaging, labeling, or compounding necessary to prepare the substance for that delivery.
(e) “Distribute” means to deliver other than by administering or dispensing a controlled substance.
(f) “Drug” means substances recognized as drugs in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them; and substances intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or animals; and substances (other than food) intended to affect the structure of any function of the body of man or animals; and substances intended for use as a component of any articles specified in this paragraph. It does not include devices or their components, parts, or accessories.
(g) “Manufacture” means the production, preparation, propagation, compounding, conversion or processing of a controlled substance, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and includes any packaging or repackaging of the substance or labeling or relabeling of its container.
(h) “Marijuana” means all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of the plant and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination.
(i) “Narcotic drug” means any of the following, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis:
(1) opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate;
(2) any salt, compound, isomer, derivative, or preparation thereof which is chemically equivalent or identical with any of the substances referred to in paragraph (i) (1), but not including the isoquinoline alkaloids of opium;
(3) opium poppy and poppy straw;
(4) coca leaves and any salt, compound, derivative, or preparation of coca leaves and any salt, compound, isomer, derivative or preparation thereof which is chemically equivalent or identical with any of these substances, but not including decocanized coca leaves or extractions of coca leaves which do not contain cocaine or ecgonine.
(j) “Opiate” means any substance having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having addiction-forming or addiction-sustaining liability. It does not include, unless specifically designated as controlled under sections of this chapter, the dextrorotatory isomer of 3-methoxy-n-methylmor-phinan and its salts (dextromenthorphan). It does include its racemic and levorotatory forms.
(k) “Opium poppy” means the plant of the species Papaversomniferum L., except its seeds.
(l) “Poppy straw” means all parts, except the seeds, of the opium poppy, after mowing.
(m) “Produce” includes the manufacture, planting, cultivation, growing, or harvesting of a controlled substance.
History:1974, PL 13-56 § 3.
Case Notes:
Marijuana means all
parts of the Cannabis sativa L. ASG v. Tavili a.k.a. Staka, 1 A.S.R. 2d 72 (1983).
13.1002 Authority to control.
(a) The Director shall administer this chapter and may add substances to or delete substances enumerated in 13.1004 through 13.1014 pursuant to the procedures of the Administrative Procedure Act, 4.1001 et seq. In making a determination regarding a substance, the Director shall consider the following:
(1) the actual or relative potential for abuse;
(2) the scientific evidence of its pharmacological effect if known;
(3) the state of current scientific knowledge regarding the substance;
(4) the history and current pattern of abuse;
(5) the scope, duration, and significance of abuse;
(6) the risk to the public health;
(7) the potential of the substance to produce psychic or physiological dependence liability; and
(8) whether the substance is an immediate precursor of a substance already controlled under this chapter.
(b) After considering the factors enumerated in subsection (a), the Director shall make findings with respect thereto and issue a rule controlling the substance if he finds the substance has a potential for abuse.
History:1974, PL 13-56
§ 3.
13.1003 Confidentiality.
Persons engaged in treating a user of controlled substances under authority of the Director may not be compelled to reveal the name of the user where the user has voluntarily applied for help.
History:1974, PL 13-56 § 3.
13.1004 Opiates.
Controlled substances include any of the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, whenever the existence of these isomers, esters, ethers and salts is possible within the specific chemical designation:
Acetylmethadol
Allylprodine
Alphacetylmethadol
Alphameprodine
Alphamethadol
Betacetylmethadol
Betameprodine
Betamethadol
Betaprodine
Clonitazene
Dextromoramide
Dextrorphan
Diampromide
Diethylthiambutene
Dimenoxadol
Dimepheptanol
Dimethylthiambutene
Dioxaphetyl
butyrate
Dipipanone
Ethylmethylthiambutene
Etonitazene
Etoxeridine
Furethidine
Hydroxype thidine
Ketobemidone
Levomoreamide
Levophenacylmorphan
Morpheridine
Noracymethadol
Norlevorphanol
Normethadone
Norpipanone
Phenadoxone
Phenampromide
Phenomorphan
Phenoperidine
Pintramide
Proheptazine
Properidine
Racemoramide
Senzethidine
Trimeperidine
History:1974, PL 13-56
§ 3.
13.1005 Opium derivatives.
Controlled substances include any of the following opium derivatives, their salts, isomers and salts of isomers, whenever the existence of these salts, isomers and salts of isomers is possible within the specific chemical designation:
Acetorphine
Acetyldihydrocodeine
Benzylmorphine
Codeine methylbromide
Codeine-N-Oxide
Cyprenorphine
Desomorphine
Dihydromorphine
Etorphine
Heroin
Hydromorphinol
Methyldesorphine
Methyldihydromorphine
Morphine methylbrornide
Morphine methylsulfonate
Morphine-N-Oxide
Nicocodeine
Nicomorphine
Normorphine
Phoclodine
Thebacon
History:1974, PL 13-56
§ 3
13.1006 Hallucinogens.
Controlled substances include any material, compound, mixture or preparation which contains any quantity of the following hallucinogenic substances, their salts, isomers and salts of isomers, whenever the existence of these salts, isomers, and salts of isomers is possible within the specific chemical designation:
3, 4-methylenedioxy amphetamine
5-methoxy-3, 4-methylenedioxy amphetamine
3, 4, 5-trimethoxy amphetamine
Bufotenine
Diethyltryptamine
Diethyltryptamine
4-methyl-2, 5-dimethoxyl-amphetamine
Ibogaine
Lysergic acid diethylamide
Marijuana
Mescaline
Peyote
N-ethyl-3-piperidyl benzilate
N-methyl-3-piperidyl benzilate
Psilocybin
Tetrahydrocannabinols
History:1974, PL 13-56
§ 3.
13.1007 Extracted or
chemically made substances.
Controlled substances include any of the following substances, except those narcotic drugs otherwise listed in this chapter, whether produced directly or indirectly by extraction from substances of vegetable origin, or independently by means of chemical synthesis, or by combination of extraction and chemical synthesis:
(1) opium and opiate, and any salt, compound, derivative, or preparation of opium or opiate;
(2) any salt, compound, isomer, derivative, or preparation thereof which is chemically equivalent or identical with any of the substances referred to in paragraph (1), but not including the isoquinoline alkaloids of opium;
(3) opium poppy and poppy straw;
(4) coca leaves and any salt, compound, derivative, or preparation of coca leaves, and any salt, compound, derivative, or preparation thereof which is chemically equivalent or identical with any of these substances, but not including decocanized coca leaves or extractions which do not contain cocaine or ecgonine.
History: 974, PL 13-56 § 3.
13.1008 Additional opiates.
Controlled substances include any of the following opiates, including their isomers, esters, ethers, salts, and salts of isomers, whenever the existence of these isomers, esters, ethers and salts is possible within the specific chemical designation:
Aiphaprodine
Anileridine
Bezitramide
Diphenoxylate
Fentanyl
Isomethadone
Levomethorphan
Levorphanol
Metazocine
Methadone
Methadone-Intermediate, 4-cyano-2-dimethy-lamino-4, 4-diphenyl butane
Moramide-Intermediate, 2-methyl-3-morphol-ino-l,
l-diphnyl-propane-carboxylic acid
Pethidine
Pethidine-Intermedia te-A, 4-cyano- 1 -methyl-4 phenylpiperidine
Pethidine-I ntermedia
te-B, ethyl-4-phenyl-piperidine-4-carboxylate
Pethidine-Intermedia te-C, 1 -methyl-4-phenyl-piperidine-4 carboxylic acid
Phenazecine
Piminodine
Racemethorphan
Racemorphan
History:1974, PL 13-56 § 3.
13.1009 Stimulants.
Controlled substances include any material, compound, mixture, or preparation which contains any quantity of the following substances having a potential for abuse associated with a stimulant effect on the central nervous system:
(1) amphetamine, its salts, optical isomers, and salts of its optical isomers;
(2) phenmetrazine and its salts;
(3) any substance which contains any quantity of methamphetamine, including its salts, isomers, and salts of isomers;
(4) Methylphenidate.
History: 1974, PL 13-56 § 3.
13.1010 Depressants.
Unless listed otherwise in this chapter, controlled substances include any material, compound, mixture, or preparation which contains any quantity of the following substances having a potential for abuse associated with a depressant effect on the central nervous system:
(1) any substance which contains
any quantity of a derivative of barbituric acid, or
any salt of a derivative of barbituric acid, except
those substances which are specifically otherwise listed in this chapter, or
(2) Chlorhexadol
Glutethimide
Lysergic acid
Lysergic acid aminde
Methyprylon
Phencyclidine
Sulfondiethylmethane
Sulfonethylmethane
Sulfonmethane
History:1974, PL 13-56
§ 3.
Controlled substances include nalorphine.
History:1974, PL 13-56
§ 3.
13.1012 Narcotic drugs in limited amounts.
Controlled substances include material, compound, mixture, or preparation containing limited quantities of any of the following narcotic drugs, or any salts thereof:
(1) not more than 1.8 grams of codeine, or any of its salts, per 100 milliliters or not more than 90 milligrams per dosage unit, with an equal or greater quantity of an isoquinoline alkaloid of opium;
(2) not more than 1.8 grams of codeine, or any of its salts, per 100 milliliters or not more than 90 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts;
(3) not more than 300 milligrams of dihydrocodeinone, or any of its salts, per 100 milliliters or not more than 15 milligrams per dosage unit, with a fourfold or greater quantity of an isoquinoline alkaloid of opium;
(4) not more than 300 milligrams of dihydrocodeinone, or any of its salts, per 100 milliliters or not more than 15 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts;
(5) not more than 1.8 grams of dihydrocodeine, or any of its salts, per 100 milliliters or not more than 90 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts;
(6) not more than 300 milligrams of ethylmorphine, or any of its salts, per 100 milliliters or not more than 15 milligrams per dosage unit, with one or more ingredients in recognized therapeutic amounts;
(7) not more than 500 milligrams of opium per 100 milliliters or per 100 grams, or not more than 25 milligrams per dosage unit, with one or more active, nonnarcotic ingredients in recognized therapeutic amounts;
(8) not more than 50 milligrams of morphine, or any of its salts, per 100 milliliters or per 100 grams with one or more active, non-narcotic ingredients in recognized therapeutic amounts.
History:1974, PL 13-56
§ 3.
13.1013 Barbiturates.
Controlled substances include any material, compound, mixture, or preparation which contains any quantity of the following substances having a potential for abuse associated with a depressant effect on the central nervous system:
Barbital
Chloral betaine
Chloral hydrate
Ethchlorvynol
Ethinamate
Methohexital
Meprobamate
Methylphenobarbital
Paraeldehyde
Petrichloral
Phenobarbital
History: 974, PL 13-56 § 3.
13.1014 Combinations with nonnarcotics.
Controlled substances includes any compound, mixture, or preparation containing limited quantities of any of the following narcotic drugs, which also contains one or more non-narcotic active medicinal ingredients in sufficient proportion to confer upon the compound, mixture, or preparation, valuable medicinal qualities other than those possessed by the narcotic drug alone:
(1) not more than 200 milligrams of codeine, or any of its salts, per 100 milliliters or per 100 grams;
(2) not more than 100 milligrams of dihydrocodeine, or any of its salts, per 100 milliliters or per 100 grams;
(3) not more than 100 milligrams of ethyl-morphine, or any of its salts, per 100 milliliters or per 1 00 grams;
(4) not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms of atropine sulfate per dosage unit;
(5) not more than 100 milligrams of opium per 100 milliliters or per 100 grams.
History: 974, PL 13-56 § 3
13.1020 Prohibited actions.
(a) Except as authorized by the Director, it is unlawful for any person to deliver, dispense, distribute, possess with intent to deliver, dispense, or distribute, produce, or manufacture a controlled substance. In determining whether a controlled substance is possessed with intent to deliver, dispense, or distribute, a court should consider, in addition to all other logically relevant factors, the following:
(1) statements by the owner or by anyone in control of the controlled substance:
(2) the amount possessed and its consistency or inconsistency with personal use:
(3) the presence of paraphernalia commonly used in preparing, packaging, or subdividing controlled substances for distribution, dispensing, or delivering; and or
(4) the presence of apparent proceeds or records of distribution, dispensing, or delivering of controlled substances.
(b) Any person who violates this section is guilty of a crime, and upon conviction may be imprisoned for not more than 20 years, or fined not more than $20,000, or both.
(c) Any person who violates this section by delivering, dispensing, distributing, producing, manufacturing or who attempts to deliver dispense, distribute, produce, or manufacture a controlled substance in any school or on any school campus in the Territory is quilty of a crime and upon conviction shall be imprisoned for a mandatory term of 10 years without the possibility of parole, and fined $10,000.00.
History:1974, PL 13-56 § 3; amd 1996, PL 24-20, 1999, PL 26-11.
13.1021 Counterfeiting
controlled substance unlawful.
(a) Except as authorized by the Director, it is unlawful for any person to deliver, dispense, distribute, produce, manufacture, or possess with intent to deliver, dispense, distribute, produce, or manufacture a counterfeit of a controlled substance.
(b) Any person who violates this section is guilty of a crime, and upon conviction may be imprisoned for not more than 10 years, or fined not more than $10,000, or both.
History:974, PL 13-56
§ 3.
13.1022 Possession of controlled substance unlawful.
(a) Except as authorized by the director, it is unlawful for a person to possess a controlled substance.
(b) A person who violates this section is guilty of a felony and shall be punished as follows:
(1) for a first offense, a fine not less than $5,000 and not more than $20,000 or not less than 5 years and not more than 10 years in prison, or both;
(2) for a second offense, a fine not less than $20,000 and not more than $30,000 or not less than 10 years and not more than 20 years in prison, or both; and
(3) for a third offense, a fine not less than $30,000 and not more than $40,000 or not less than 15 years and not more than 30 years in prison, or both;
There shall be no parole for a conviction under this section.
(c) The above penalties are mandatory.
History:1974, PL 13-56
§ 3, amd 1984, PL 18-40 § 1; amd
1998, PL 25-34.
Amendments: 1984 Subsection (a): substituted the word “a” for
“any”. Subsection (b): upgraded violation from misdemeanor to felony.
13.1023 Subsequent
offenses.
(a) Any person convicted of a second or subsequent offense under this chapter may be imprisoned for a term up to twice the term otherwise authorized, fined an amount up to twice that otherwise authorized, or both.
(b) An offense is considered a second or subsequent offense if, prior to his conviction of the offense, the offender has at any time been convicted under this subchapter or under any statute of the United States or of any state relating to narcotic drugs, marijuana, depressant, stimulant or hallucinogenic drugs.
History:1974, PL 13-56
§ 3.
13.1024 Deferred
proceedings.
Repealed by PL 25-19.
13.1030 Powers of authorities.
Any employee of the Government of American Samoa who is commissioned or duly authorized to make arrests within the jurisdictional boundaries of his agency, which includes but is not limited to, territorial police, customs inspectors, immigration officers, agriculture inspectors and airport police may:
(1) make arrests without warrant for any offenses under this chapter committed in his presence, or if he has probable cause to believe that the person to be arrested has committed or is committing a violation of this chapter which may constitute a felony;
(2) make seizures of property pursuant to this chapter.
History:1974, PL 13-56
§ 3.
13.1031 Restraint or injunction of violations.
The High Court may exercise jurisdiction to restrain or enjoin violations of this chapter.
History:1974, PL 13-56
§ 3.
13.1032 Forfeiture—Substances subject to.
The following are subject to forfeiture:
(1) all controlled substances which have been manufactured, distributed, dispensed or acquired in violation of this chapter;
(2) all raw materials, products and equipment of any kind which are used, or intended for use, in manufacturing, compounding, processing, delivering, importing, or exporting any controlled substance in violation of this chapter;
(3) all property which is used, or intended for use, as a container for property described in paragraph (1) or (2);
(4) all conveyances, including aircraft, vehicles or vessels, which are used, or intended for use, to transport, or in any manner to facilitate the transportation, for the purpose of sale or receipt, of property described in paragraph (1) or (2); but:
(A) no conveyance used by any person as a common carrier in the transaction of business as a common carrier is subject to forfeiture under this section unless it appears that the owner or other person in charge of the conveyance is a consenting party or privy to a violation of this chapter;
(B) no conveyance is subject to forfeiture under this section by reason of any act or omission established by the owner thereof to have been committed or omitted without this knowledge or consent;
(c) a forfeiture of a conveyance encumbered by a bona fide security interest is subject to the interest of the secured party if he neither had knowledge of nor consented to the act or omission;
(5) all books, records, and research products and materials, including formulas, microfilm, tapes, and data which are used, or intended for use, in violation of this chapter.
History:1974, PL 13-56
§ 3.
13.1033 Forfeiture-Seizure
without process.
(a) Property subject to forfeiture under this chapter may be seized by the Territorial police upon process issued by any appropriate court having jurisdiction over the property. Seizure without process may be made if:
(1) the seizure is incident to an arrest or a search under a search warrant;
(2) the property subject to seizure has been the subject of a prior judgment in favor of the territory in a criminal injunction or forfeiture proceeding based upon this chapter:
(3) any employee authorized under 13.1030 has probable cause to believe that the property is directly or indirectly dangerous to health or safety; or
(4) any employee authorized under 13.1030 has probable cause to believe that the property was used or is intended to be used in violation of this chapter.
(b) In the event of seizure pursuant to this section, proceedings under subsection (c) shall be instituted promptly.
(c) Property taken or detained under this section or 13.1032, 13.1034 and 13.1035 is not subject to replevin, but is deemed to be in the custody of the Territorial police subject only to the orders and decrees of the court having jurisdiction over the forfeiture proceedings. When property is seized under this chapter, the Territorial police may:
(1) place the property under seal; or
(2) remove the property to a place designated by it.
(d) When property is forfeited under this chapter, the territorial police may:
(1) retain it for official use;
(2) sell that which is not required to be destroyed by law and which is not harmful to the public. The proceeds shall be used for payment of all proper expenses of the proceedings for forfeiture and sale, including expenses of seizure, maintenance of custody, advertising and court costs.
History:1974, PL 13-56
§ 3.
13.1034 Forfeiture-Contraband.
Controlled substances that are possessed, transferred, sold, or offered for sale in violation of this chapter are contraband and shall be seized and summarily forfeited to the territory. Controlled substances which are seized or come into the possession of the territory, the owners of which are unknown, are contraband and shall be summarily forfeited to the territory. Controlled substances which are unknown are contraband and shall be summarily forfeited to the Territory.
History: 1974, PL 13-56 § 3.
13.1035 Forfeiture-Seizure of plants providing derivatives.
Species of plants from which controlled substances may be derived, which have been planted or cultivated in violation of this chapter, or of which the owners or cultivators are unknown, or which are wild growth, may be seized and summarily forfeited to the territory.
History: 1974, PL 13-56 § 3.
13.1036 Burden of proof.
(a) It is not necessary for the territory to negate any exemption or exception in this chapter in any complaint, information, or other pleading, or in any trial, hearing, or other proceeding under this chapter. The burden of any exemption or exception is upon the person claiming it.
(b) In the absence of proof that a person is duly authorized to deliver, dispense, produce, manufacture or possess a controlled substance under this chapter, he is presumed not to be authorized. The burden of proof is upon him to rebut the presumption.
History:1974, PL 13-56
§ 3.
13.1037 Liability of officials.
No liability is imposed by this chapter upon any authorized Territorial officer engaged in the lawful performance of his duties.
History:1974, PL 13-56
§ 3.
13.1040 Import and sale of
drugs and medicines-Permission required.
No person may import or sell in
History: 1962, PL
7-12.
13.1041 Export of drugs, medicine and medical supplies—Permission required.
No person may export any medicines, drugs or other supplies originally obtained from the Department of Medical Services without the written permission of the Director.
History:1962, PL 7-12.
13.1042 Violation-Penalty.
Any person who violates any provision of this chapter, or who aids or abets any other person to violate it, shall be guilty of a class D felony and upon conviction, sentenced accordingly.
History:1972, PL 7-12;
amd 1980, PL 16-90 § 53.
Amendments: 1980 Amended to conform with penalties
provided for in Title 46, Criminal Justice.
Chapter 11
TOBACCO RESTRICTION ACT
Sections:
13.1101 Purpose.
13.1102 Definitions.
13.1103 Identification
required.
13.1104 License
required.
13.1105 Display
of license and sign.
13.1106 Out
of package sales prohibited.
13.1107 Fee.
13.1108 Nontransferability.
13.1109 Vending
machine.
13.1110 Tobacco
samples prohibited.
13.1111 Duties
of the Director.
13.1112 Suspension,
revocation, and nonrenewable of licenses.
13.1113 Penalties.
13.1114 Tobacco
sales hearing board.
13.1115 Severability.
13.1116 Sale
of cigarettes without health warnings.
13.1101 Purpose.
The Legislature of American Samoa finds cigarette smoking
and other tobacco use by minors to be a continuing problem with grave public
health consequences. According to recent
The Surgeon General of the U.S. Public Health Service has
determined that smoking is the leading cause of preventable death in the
History: 1994, PL 23-17.
13.1102 Definitions.
As used in this chapter, unless the context clearly requires otherwise:
(1) "Director" means the Director of Human and Social Services.
(2) "Board" means the Tobacco Sales Hearing Board.
(3) "Outlet" means any location, whether fixed or mobile, from which tobacco products are sold.
(4) "Person" means an individual, partnership, or corporation.
(5) "Public place" means any area to which the public is invited or in which the public is permitted, including but not limited to any right-of-way, mall or shopping center, park, playground, and any other property owned by the American Samoa Government.
(6) "Tobacco product" means any product or commodity of which tobacco is a component, including, but not limited to cigarettes, cigars, raw processed or unprocessed tobacco, and chewing tobacco.
(7) "Vending machine" means any machine or device designed modified or used to dispense cigarettes, cigars, tobacco or tobacco products upon the insertion of coin, slugs, tokens or paper money.
History: 1994, PL 23-17,2006, PL 29-33.
13.1103 Identification required.
(a) No person shall sell or permit to be sold cigarettes or other tobacco products to an individual without requesting and examining identification establishing the purchaser's age as eighteen years or older, unless the seller has some other conclusive basis for determining the buyer's age.
(b) It is prohibited for any person below the age of 18 years to sell or distribute tobacco products.
History: 1994, PL 23-17.
13.1104 License required.
Beginning on
History: 1994, PL 23-17,2006, PL 29-33.
13.1105 Display of license and sign.
A person holding a license issued under this chapter shall:
(a) Prominently display the license, or a copy, at each outlet for which a license is issued; and
(b) Prominently display a sign at each outlet that contains the following language in red lettering at least one-half inch high on a white background. "IT IS A VIOLATION OF THE LAW FOR CIGARETTES OR OTHER TOBACCO PRODUCTS TO BE SOLD TO ANY PERSON UNDER THE AGE OF 18," and which includes a depiction of a pack of cigarettes at least two inches high defaced by a red diagonal line crossing the diameter of a surrounding red circle.
History: 1994, PL 23-17.
13.1106 Out of package
sales prohibited.
It is unlawful to sell or distribute cigarettes or tobacco products in any form other than the manufacturer's package.
History: 1994, PL 23-17.
13.1107 Fee.
The annual license fee is $25.00. Renewal of a license shall be made before January 1 of each year. A person violates the provisions of this chapter if he sells or distributes tobacco products after January 1 of each year without obtaining a valid license or renewal thereof.
History: 1994, PL 23-17.
A tobacco retail license is non-transferable, except a new license will be issued to a tobacco retailer who changes location.
History: 1994, PL 23-17.
13.1109 Vending machine.
After
History: 1994, PL 23-17.
13.1110 Tobacco samples prohibited.
No person shall knowingly distribute or furnish without charge, or cause to be furnished or distributed without charge, cigarettes or other tobacco products, or coupons for cigarettes or other tobacco products, in any public place or at any event open to the public.
History: 1994, PL 23-17.
13.1111 Duties of the
Director.
It shall be the duty of the Director to implement the purposes of this chapter and to administer and enforced the law. The Director shall:
(1) issue licenses for the sale of tobacco products;
(2) provide signs to parties licensed to sell tobacco products concerning the prohibition of tobacco sales to individuals under the age of 18;
(3) initiate investigations of violations of this chapter;
(4) seek and enforce civil penalties and fines for violation of this chapter;
(5) initiate actions to suspend revoke, or deny renewal of a license; and
(6) has the authority to deputize others to enforce the law as contained in this chapter.
History: 1994, PL 23-17.
13.1112 Suspension,
revocation, and nonrenewal of licenses.
The Board shall suspend, revoke or not renew a license for a particular outlet after notice and opportunity to be heard is given.
(a) In the case of a first violation, the license shall be suspended for a period of not less than 14 days and not more than 30 days.
(b) In the case of a second violation, the license shall be suspended for not less than 30 days and not more than six months.
(c) In the case of three violations or more the license shall be revoked for the period of no less than two years within a three year period. The Board, in this instance, may also revoke a license permanently.
(d) The Director shall serve the licensee with notice of any adverse action, including a description of the violations alleged, a statement that the licensee may contest the decision by serving a written demand upon him within 10 days, and a statement that if the licensee does not appear at the hearing the Board will determine the case without his presence and render a decision accordingly.
History: 1994, PL 23-17, 2006, PL 29-33.
13.1113 Penalties.
(a) In addition to the provisions of section 13.1112 above, any person that violates any provision of this chapter shall be subject to the following civil penalties.
(1) Not less than $1,000.00 for the first violation.
(2) Not less than $2,000.00 for the second violation.
(3) Not less than $3,500.00 for the third violation.
(4) $5,000.00 for each violation in excess of three.
(b) Forms for citation for violation of the provisions of this chapter may be designed and approved by the Director of the Department of Human and Social Services.
(c) This act may be enforced by the designated officials of the Department of Human and Social Services, police officers of the American Samoa Government, and personnel deputized by the Director.
(d) Fifty percent of all funds that are derived from this section shall be segregated into an account which shall be used solely for the purpose of supporting enforcement of this chapter. Thirty percent of all funds that are derived from this section shall be segregated into an account which shall be used solely for smoking prevention and cessation program efforts undertaken by ASG within the Territory. The balance of funds that are derived from this section shall go the general fund.
History: 1994, PL 23-17,2006, PL 29-33.
13.1114 Tobacco Sales Hearing Board.
There shall be a Tobacco Hearing Board consisting of three members appointed by the Governor to serve for four year terms. The Board shall select its chairperson. The functions of the Tobacco Hearing Board shall be as follows:
(a) to hear and determine cases pursuant to violations of this chapter; and
(b) to render decisions after hearing cases, and to issue penalties according to the provisions set forth in this chapter. No action against a license shall be effective until after the Tobacco Sales Hearing Board has rendered its decision; and
(c) the Board has the authority to make its own rules and regulations to further enforce the provisions of this chapter but such rules and regulations must not be inconsistent with the provisions of this chapter.
Should the Board fail to meet within thirty days’ notice of any case, controversy, application or any other request which requires the Board’s action, the Director is authorized to assume the duties and responsibilities of the Board in order to make an interim or final and binding decision on any matter. The decision of the Director in such an instance, shall be deemed the decision of the Board, as if such decision was reached by the Board itself. All such decisions shall be made in writing and shall be supported by facts and findings specific to the action. The Director’s final decision shall comply with this chapter and any other rules officially promulgated by the Board.
History: 1994, PL 23-17,2006, PL 29-33.
13.1115 Severability.
If any provision, clause, sentence, or paragraph of this act or the application thereof to any person or circumstances shall be held to be invalid, such invalidity shall not affect the provisions of this act which can be given effect without the invalid provision or application, and to this end the provisions are declared to be severable.
History: 1994, PL 23-17.
13.1116
(a) The
(b) It shall be unlawful for a person to sell or distribute in the Territory or to acquire, hold, own, possess, or transport for sale or distribution in the Territory, or to import or cause to be imported into the Territory for sale or distribution in the Territory any cigarettes which does not specify or conform to the requirements of the Federal Cigarette Labeling and Advertising Act, 15 U.S.C. 1333.
(c) All products found in violation will be confiscated and destroyed.
History: 2000, PL 26-28.
Chapter 12
TOBACCO MASTER SETTLEMENT AGREEMENT
Sections:
13.1201 Definitions.
13.1202 Requirements.
13.1201 Definitions.
(1) “Adjusted for inflation” means increased in accordance with the formula for inflation adjustment set forth in Exhibit C to the Master Settlement Agreement.
(2) “Affiliate” means a person who directly or indirectly owns or controls, is owned or controlled by, or is under common ownership or control with, another person. Solely for purposes of this definition, the terms “owns,” “is owned” and “ownership” mean ownership of an equity interest, or the equivalent thereof, of ten percent or more, and the term “person” means an individual, partnership, committee, association, corporation or any other organization or group of persons.
(3) “Allocable Share” means Allocable Share as that term is defined in the Master Settlement Agreement.
(4) “Cigarette” means any product that contains nicotine, is intended to be burned or heated under ordinary conditions of use, and consists of or contains:
(A) any roll of tobacco wrapped in paper or in any substance not containing tobacco; or
(B) tobacco, in any form, that is functional in the product, which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette; or
(C) any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette described in clause (1) of this definition. The term “cigarette” includes “roll-your-own” (i.e., any tobacco which, because of its appearance, type, packaging, or labeling is suitable for use and likely to be offered to, or purchased by, consumers as tobacco for making cigarettes). For purposes of this definition of “cigarette,” 0.09 ounces of “roll-your-own” tobacco shall constitute one individual “cigarette.”
(5) “Master Settlement Agreement” means the settlement agreement (and related documents) entered into on November 23, 1998, by the Territory of American Samoa and leading United States tobacco product manufacturers.
(6) “Qualified escrow fund” means an escrow arrangement with a federally or State chartered financial institution (or a financial institution chartered by the Territory of American Samoa) having no affiliation with any tobacco product manufacturer and having assets of at least $1,000,000,000 where such arrangement requires that such financial institution hold the escrowed funds’ principal for the benefit of releasing parties and prohibits the tobacco product manufacturer placing the funds into escrow from using, accessing or directing the use of the funds’ principal except as consistent with section 13.1202 (b)(2) of this act.
(7) “Released Claims” means released claims as that term is defined in the Master Settlement Agreement.
(8) “Releasing Parties” means releasing parties as that term is defined in the Master Settlement Agreement.
(9) “Tobacco Product Manufacturer” means an entity that after the date of enactment of this Act directly (and not exclusively through any affiliate):
(A) manufacturers cigarettes anywhere that such manufacturer intends to be sold in the United States, including cigarettes intended to be sold in the United States through an importer (except where such importer is an original participating manufacturer (as that term is defined in the Master Settlement Agreement) that will be responsible for the payments under the Master Settlement Agreement with respect to such cigarettes as a result of the provisions of subsections II(mm) of the Master Settlement Agreement and that pays the taxes specified in subsection II(z) of the Master Settlement Agreement, and provide that the manufacturer of such cigarettes does not market or advertise such cigarettes in the United States);
(B) is the first
purchaser anywhere for resale in the
(C) becomes a successor of an entity described in paragraph (A) or (B).
The term “Tobacco Product Manufacturer” shall not include an affiliate of a tobacco product manufacturer unless such affiliate itself falls within any of (A)-(C) above.
(10) “
(11) “Units sold”
means the number of individual cigarettes sold in the Territory of American
Samoa by the applicable tobacco product manufacturer (whether directly or
through a distributor, retailer or similar intermediary or intermediaries)
during the year in question, as measured by excise taxes collected by the
Territory of American Samoa on packs (or “roll-your-own” tobacco containers)
bearing the excise tax stamp of the Territory of American Samoa. The Department of Treasury shall promulgate
such regulations as are necessary to ascertain the amount of
History: 2000, PL
26-19; 2001, PL 27-10.
13.1202 Requirements.
Any tobacco
product manufacturer selling cigarettes to consumers within the
(a) become a participating manufacturer (as that term is defined in section II(jj) of the Master Settlement Agreement) and generally perform its financial obligation under the Master Settlement Agreement; or
(b) (1) place into a qualified escrow fund by April 15 of the year following the year in question the following amounts (as such amounts are adjusted for inflation):
2000: $.0104712 per unit sold after the date of enactment of this act;
for each of 2001 and 2002: $.0136125 per unit sold;
for each of 2003 through 2006: $.0167539 per unit sold;
for each of 2007 and each year thereafter: $.0188482 per unit sold.
(2) A tobacco product manufacturer that places funds into escrow pursuant to paragraph (1) shall receive the interest or other appreciation on such funds as earned. Such funds themselves shall be released from escrow only under the following circumstances:
(A) to pay a
judgment or settlement on any released claim brought against such tobacco
product manufacturer by the
(B) to the extent that a tobacco product manufacturer establishes that the amount it was required to place into escrow in a particular year was greater than the Territory of American Samoa’s allocable share of the total payments that such manufacturer would have been required to make in that year under the Master Settlement Agreement (as determined pursuant to section IX(I)(2) of the Master Settlement Agreement, and before any of the adjustments or offsets described in section IX(I)(3) of that Agreement other than the Inflation Adjustment had it been a participating manufacturer, the excess shall be released from escrow and revert back to such tobacco product manufacturer; or
(C) to the extent not released from escrow under subparagraphs (A) or (B), funds shall be released from escrow and revert back to such tobacco product manufacturer twenty-five years after the date on which they were placed into escrow.
(3) Each tobacco
product manufacturer that elects to place funds into escrow pursuant to this
subsection shall annually certify to the Attorney General that it is in
compliance with this subsection. The
Attorney General may bring a civil action on behalf of the
(A) be required within 15 days to place such funds into escrow as shall bring it into compliance with this section. The court, upon a finding of a violation of this subsection, may impose a civil penalty to be paid to the general fund of the Territory of American Samoa in an amount not to exceed 5 percent of the amount improperly withheld from escrow per day of the violation and in a total amount not to exceed 100 percent of the original amount improperly withheld from escrow;
(B) in the case of a knowing violation, be required within 15 days to place such funds into escrow as shall bring it into compliance with this section. The court, upon a finding of a knowing violation of this subsection, may impose a civil penalty to be paid to the general fund of the Territory of American Samoa in an amount not to exceed 15 percent of the amount improperly withheld from escrow per day of the violation and in a total amount not to exceed 300 percent of the original amount improperly withheld from escrow; and
(C) in the case
of a second knowing violation, be prohibited from selling cigarettes to
consumers within the
Each failure to make an annual deposit required under this section shall constitute a separate violation.
History: 2000, PL
26-19; 2001, PL 27-10
RESTRICTION OF SMOKING IN PUBLIC AND PRIVATE PLACES
Sections:
13.1301 This Act.
13.1302 Definitions.
13.1303 Smoking prohibited in public places.
13.1304 Prohibition of smoking in places of employment.
13.1305 Owners, lessees to post signs prohibiting or permitting
smoking.
13.1306 Violation of chapter—Fine—Authority for
enforcement by police and public health—Nuisance.
13.1307 Administrative management.
13.1308 Pattern of non-compliance—Action on permit or license.
13.1309 Delimitation of Act.
This Act shall be known as
the “American Samoa Smoke Free Environment Act.”
History: 2010, PL 31-24
For purposes of this Act and
chapter, the following terms shall have the meanings stated below:
(1) “Smoking” means the activity of inhaling and
exhaling smoke from tobacco and other substances that are lit in cigars,
cigarettes, and pipes, and to possess or transport cigars, cigarettes, pipes
and smoking articles while lit.
(2) “Public place” means that portion of any building
or government or commercial vehicle used by and open to the public,
regardless of whether the building or
vehicle is owned in whole or in part by private persons or entities, the
American Samoa Government, or other public entity, and regardless of whether a
fee is charged for admission or use.
Public places include, but
are not limited to: Elevators, public
conveyances such as buses, taxis, trains, airplanes, or other transportation
facilities or means of transportation, museums, concert halls, theaters,
auditoriums, exhibition halls, sports arenas, hospitals, nursing homes, health
care facilities or clinics, enclosed shopping centers, retail stores, retail
service establishments, financial institutions, educational facilities, ticket
areas, public hearing facilities, legislative chambers, courthouses and the
immediately adjacent hallways and offices, public restrooms, libraries,
restaurants, waiting areas, lobbies, reception areas. A public place does not include a private
residence, unless such residence is used as a licensed day care center.
(3) “Restaurant” means an eating establishment,
including but not limited to, coffee shops, cafeterias, sandwich stands, and
private and public school cafeterias, which gives or offers for sale food to
the public, guests, or employees, as well as kitchens and catering facilities
in which food is prepared on the premises for serving elsewhere. The term “restaurant” shall include a bar
area within a restaurant.
(4) “Places of Employment” means an area under
the control of a public employer, including, but not limited to, work areas,
employee lounges, restrooms, conference rooms, meeting rooms, classrooms,
employee cafeterias, hallways, and government or commercial vehicles. For private employers, places of employment
means those portions of the business premises which are used by or open to the
public or employees of the business without specific invitation. A private residence is not a “place of
employment” unless it is used as a child care, adult day care, or health care
facility.
(5) “Enclosed Area” means all space between a
floor and ceiling that is enclosed on all sides by permanent or temporary walls
or windows (exclusive of doorways), which extend from the floor to the ceiling.
(6) “Bar” means an establishment that is devoted
to the serving of alcoholic beverages for consumption by guests on the premises
and in which the serving of food is only incidental to the consumption of those
beverages, including but not limited to, taverns, nightclubs, cocktail lounges,
and cabarets.
(7) “Business” means a sole proprietorship,
partnership, joint venture, corporation, or other business entity, either
for-profit or not-for-profit, including retail establishments where goods or
services are sold; professional corporations and other entities where legal,
medical, dental, engineering, architectural, or other professional services are
delivered.
(8) “Employee” means a person who is employed by
an employer in consideration for direct or indirect monetary wages or profit,
and a person who volunteers his or her services for a non-profit entity.
(9) “Employer” means a person, business,
partnership, association, corporation, trust, non-profit entity or government
that employs the services of one or more individual persons.
(10) “Health Care Facility” means an office or
institution providing care or treatment of diseases, whether physical, mental,
or emotional, or other medical, physiological, or psychological conditions,
including but not limited to, hospitals, rehabilitation hospitals or other
clinics, including weight control clinics, nursing homes, long-term care
facilities, homes for the aging or chronically ill, laboratories, and offices
of surgeons, chiropractors, physical therapists, physicians, psychiatrists, dentists,
and all specialists within these professions.
This definition shall include all waiting rooms, hallways, private
rooms, semiprivate rooms, and wards within health care facilities.
History: 2010, PL 31-24
13.1303 Smoking
prohibited in public places.
Smoking shall be prohibited
in all enclosed areas of public places within the
History: 2010, PL 31-24
13.1304 Prohibition
of smoking in places of employment.
(a) Smoking shall be prohibited in all enclosed
areas within places of employment as defined in 13.1302(4).
(b) This prohibition on smoking shall be
communicated to all existing
government employees by the effective date of this Act and to all
its prospective employees upon their application for employment.
History: 2010, PL 31-24
13.1305 Owners,
lessees to post signs prohibiting or permitting smoking.
Owners, or in the case of a
leased or rented space the lessee or other person or manager in charge of the
premises regulated under this chapter shall make every reasonable effort to
prohibit smoking in public places by posting signs prohibiting or permitting
smoking as appropriate under this chapter.
Signs shall be posted conspicuously at each building entrance and
prominent locations throughout the premises.
History: 2010, PL 31-24
13.1306 Violation of chapter—Fine—Authority
for enforcement by police and public health—Nuisance.
(a) A person who smokes in an area where smoking
is prohibited by the provisions of the Act shall be guilty of an infraction,
punishable by a fine not exceeding fifty dollars ($50).
(b) A person who owns, manages, operates, or
otherwise controls a public place or place of employment and who fails to
comply with the provisions of this act shall be guilty of an infraction,
punishable by:
(1) A fine not exceeding one hundred dollars
($100) for a first violation.
(2) A fine not exceeding two hundred dollars
($200) for each additional violation within one (1) year.
(c) In addition to the fines established by this
Section, violation of this Act by a person who owns, manages, operates, or
otherwise controls a public place or place of employment may result in the
suspension or revocation of any permit or license issued to the person for the
premises on which the violation occurred.
(d) Department of Public Safety law enforcement
officers, and Department of Health employees, designated by the Director of the
department, shall enforce this section by issuing a citation, which shall be
substantially in the same form as the “Uniform Traffic Ticket and
Complaint—Summons” set forth in 22.0807 and following the procedure set forth
in A.S.C.A. Title 22, Chapter 08, as applicable, when such officer, official or
employee, based upon his personal investigation, and/or observance, has
reasonable and probable grounds to believe that the person has committed an
offense under a provision of this chapter.
The Director of Public Health may authorize employees within the
Department of Health to issue citations under this title as necessary, provided
that any person so authorized has the training and experience necessary to
perform the job as determined in consultation with the Attorney General.
(e) Violation of the Act is hereby declared to be
a public nuisance, which may be abated by the Department of Health by
restraining order, preliminary and permanent injunction, or other means
provided for by law, and the territory may take action to recover the costs of
the nuisance abatement.
(f) Each day on which a violation of this Act
occurs shall be considered a separate and distinct violation.
History: 2010, PL 31-24
13.1307 Administrative
management.
The Department of Health
shall function as the lead agency for implementation, management, and
enforcement of the Act, to include the following:
(1) The Director of the Department of Health shall adopt regulations
in accordance with 4.1001, et seq., the Administrative Procedures Act, as
necessary to implement this chapter and to provide for its effective and
efficient administration.
(2) Department of Health shall develop and conduct a public education
program to explain and clarify the purposes and requirements of this chapter to
the public, and to guide owners, operators and managers in their compliance
therewith. The program may include, but
is not limited to, publication of a brochure for affected businesses and
individuals explaining this chapter.
(3) Department of Health shall conduct familiarization training for
its employees and those of other departments and agencies having enforcement
responsibilities, to include refresher training at necessary periodic
intervals.
(4) Department of Health shall collaborate and coordinate with other
government departments and agencies, as well as community organizations, both
local, national and international, which share common interests in achieving
the intent of this Act, for the purpose of effectively and efficiently
implementing this Act and providing mutual support for and continuity in
programs with similar goals, but not for the purpose of supplanting such
programs.
(5) Department of Health shall monitor enforcement efforts and notify
relevant departments, agencies, boards and commissions of violators that
persistently fail to comply with this Act or exhibit a pattern of
non-compliance for the purpose of administrative action set forth in 13.1308.
History: 2010, PL 31-24
13.1308 Pattern
of non-compliance—Action on permit or license.
(a) A person or business which operates or controls a public place facility
that does not comply with this Act or that exhibits a pattern of non-compliance
with this Act is subject to administrative action. For purposes of this section and chapter, a
“pattern of non-compliance” is evidenced by being found guilty of three or more
violations of this Act within a calendar year or being found guilty of five or
more such violations within two consecutive years.
(b) Non-compliance with this Act or exhibiting a pattern of
non-compliance shall provide a basis for suspension, revocation, non-renewal or
other sanction of any license or permit issued by the government. After providing notice and opportunity for
hearing pursuant to the Administrative Procedure Act, 4.1001, et seq., the
department, agency, board or commission having regulatory authority over such
business or activity may, based upon the record of evidence presented at any
hearing, suspend, revoke, deny renewal of or otherwise restrict the license or
permit issued or regulated by said department, agency, board or commission or
impose such other sanction as appropriate.
Such licenses include, but are not limited to, certificates of
incorporation, permits to transact business as foreign corporations, business
licenses, beer and/or alcoholic beverage permits, and/or health permits.
History: 2010, PL 31-24
No provision of this Act
shall restrict, impair, limit or affect the enforcement of other applicable
statutory provisions, nor shall it be interpreted to permit smoking in an area
in which smoking is prohibited by other applicable law or regulation.
History: 2010, PL 31-24
Chapter 14
(RESERVED)
Chapter 15
JUDICIAL COMMITMENT OF MENTALLY ILL OR DEFICIENT
Sections:
13.1501 Diagnosis,
treatment and care of mentally illness or deficiency.
13.1503 Commitment
hearing.
13.1504 Causes
for commitment.
13.1505 Right
to counsel.
13.1506 Transfers.
13.1507 Periodic
review.
13.1508 Release.
13.1509 Apprehension.
13.1510 Civil
rights and competency.
13.1501 Diagnosis, treatment and care of mental illness or deficiency.
The diagnosis, treatment, and care of persons suffering from mental illness or deficiency shall be carried out in a manner and in places designated by the Director of Health or his designee. When commitment for mental illness or deficiency is indicated, person may be committed under 13.1502. In the event of commitment, it shall be the responsibility of the Director to insure an on-going program of medical and psychiatric treatment as required for the patient’s disability.
History:1980, PL 16-73
§ 1.
13.1502 Commitment of mentally ill or deficient person-Notification
procedure and emergency commitment
procedure.
The trial division of the High Court may, after a hearing, involuntarily commit a mentally ill or deficient person within its jurisdiction to designated places for the care and treatment of those persons in the Territory. That person may thereafter be restrained to the extent necessary and reasonable for his own safety and that of the public. The hearing shall be held within 4 court days from completion of the following notification procedures:
(a) The person or persons petitioning the Court shall complete a certificate of need for emergency commitment. This certificate shall state the reasons for the need for emergency commitment. The certificate shall be completed and a copy shall be given as quickly as reasonably possible to the following:
(1) the person to be committed;
(2) the physician involved for inclusion as a portion of the permanent medical record; and
(3) the clerk of the trial division of the High Court.
(b) No further action may be taken to confine the person without the completion of a certificate of medical need for commitment by a physician authorized to practice medicine within the Territory. This certificate shall state the medical indications for emergency commitment. After completion of the certificate of medical need for commitment by the physician, the person may be confined as an emergency for safekeeping and treatment. The Director shall designate the places for the care and treatment of any person so confined. A copy of this certificate shall be given as quickly as reasonably possible to the following:
(1) the person to be committed;
(2) the physician involved for inclusion as a portion of the permanent medical record; and
(3) the clerk of the trial division of the High Court.
(c) No person may be confined for longer than 72 hours as an emergency. Within 72 hours a second certificate of medical need for commitment shall be completed by a physician and a medical officer, one of whom shall be of Samoan heritage and who speaks the Samoan language, who shall have conducted an independent interview of the individual. In the event they do not concur in their recommendation of whether or not commitment is necessary, the opinion of a third qualified doctor shall be sought and the recommendation of the majority shall prevail. Upon completion of the second certificate of medical need for commitment by another physician, the person may be confined until the trial division of the High Court holds a commitment hearing not to be more than 4 court days from completion and receipt by the court of the second certificate of medical need. A copy of the second certificate of medical need for commitment shall be given as quickly as reasonably possible to the following:
(1) the person to be committed;
(2) the physician involved for inclusion as a portion of the permanent medical record; and
(3) the clerk of the trial division of the High Court.
(d) Failure to comply with any of the time limits established above shall be grounds for immediate unconditional release of the person so confined.
History:1980, PL 16-73
§ 2.
13.1503 Commitment hearing.
A commitment hearing shall be held, and shall require the testimony in open court of the following:
(1) the person or persons completing the certificate of need for emergency commitment;
(2) the physicians who completed the first and second certificates of medical need for commitment;
(3) the person about whom the court is considering commitment; and
(4) any other person or persons considered necessary by the court.
History:1980, PL 16-73
§ 3.
13.1504 Causes for
commitment.
(a) Mental illness or deficiency are not of themselves sufficient cause for involuntary confinement under this chapter. Only the following are specific causes for commitment:
(1) danger to others;
(2) danger to self; and
(3) inability to care for self to such a degree as to make continual care necessary.
(b) If the person to be committed is being committed due to the need for continual care and not because he is dangerous to himself or others, then all reasonable steps should be taken to attempt placement in the home of a responsible family member or friend.
(c) Upon satisfaction of the court by clear and convincing evidence that specific cause exists for commitment, the Court shall make an order as it considers in the best interest of the public and of the committed person for that person’s custody and transportation to the place of commitment. However, a commitment may not issue unless the court is satisfied that all reasonable alternatives short of commitment have been pursued and found to be ineffective.
History:1980, PL 16-73
§ 4, amd 1981,
PL 17-12 § 1.
Research Guide: Addington v
13.1505 Right to counsel.
(a) At all stages of the commitment process, commencing with the second certificate of medical need for commitment and until ultimate release from commitment, the person about whom the court is considering commitment shall be represented by legal counsel, either of his own choosing at his own cost, or counsel appointed by the court. The court shall make the appointment at the time of calendaring the commitment hearing, and may appoint either private counsel or the public defender’s office. Private counsel if appointed shall be reimbursed by the court in a reasonable amount. Counsel shall have access to any and all records pertaining to the hearing before the court and to the medical history of his client. In the event counsel deems it necessary, he shall have the right to continue the commitment hearing in the interest of his client, and shall have the right to introduce the testimony and exhibits on his client’s behalf anew.
(b) The person to be committed shall have the right to be present at all times during the hearing process; provided, however, that he may be excused if the court is satisfied from preliminary testimony of a psychiatrist that the defendant would be harmed by hearing some of the testimony, or if the defendant is so violent that he cannot be restrained during the hearing.
(c) He shall have the right to subpoena witnesses of his own choice.
(d) He shall have the right of cross examination.
(e) The burden of proof lies with the persons seeking commitment, and no commitment shall issue without clear and convincing proof of the need therefor.
History:1980, PL 16-73
§ 5.
13.1506 Transfers.
Persons committed under this chapter may be transferred to institutions outside of the Territory considered suitable for their care by order of the Director. If a transfer is effectuated, the provisions of 13.1507 shall be suspended and review of necessity for commitment shall be in accordance with the legal requirements of the jurisdiction to which the committed person is sent.
History:1980, PL 16-73
§ 6.
13.1507 Periodic review.
At 9-month intervals following the date of original commitment, review hearings shall be had before the trial division of the High Court. No more than 10 days prior to all hearings the person committed shall be independently examined by at least 2 physicians or medical practitioners, and the hearing shall be conducted in accordance with all the provisions of this chapter including those included in 13.1503, 13.1504, and 13.1505.
History:1980, PL 16-73
§ 7.
13.1508 Release.
The physician in charge of places designated for the treatment of mentally ill or deficient persons may be any time and without the necessity of a review hearing release the person with termination of commitment when in his judgment the specific cause for commitment no longer exists, with exception: if the person is being held on order of a Court having criminal jurisdiction in a proceeding arising out of a criminal offense, he may not be released.
History:1980, PL 16-73
§ 8.
13.1509 Apprehension.
Persons who have been committed under this chapter who are absent on leave or escape from the place to which they have been committed, may upon direction of the person in charge of that place of commitment be returned by policemen, or officials or employees of that place of commitment, using force as may be reasonably necessary to effect the return.
History:1980, PL 16-73 § 9.
13.1510 Civil rights and competency.
A presumption of legal incompetency shall exist with respect to any person committed under this chapter. The fact of the commitment shall not otherwise itself modify or vary any civil right of the person committed.
History: 1980, PL 16-73 § 10
Part II. Economic Welfare
Chapter 21
STATISTICS DIVISION
Sections:
13.2101 Short
Title.
13.2102 Purpose.
13.2103 Creation
of a Statistics Division—Authorization for coordination of surveys.
13.2104 Powers
and duties of the Statistics Division.
13.2105 Organization
and staff of the Statistics Division.
13.2106 Censuses
of population and housing and other special censuses.
13.2107 Confidentiality
of information.
13.2108 Statistical
advisory council.
13.2109 Authorization
of appropriations.
13.2110 Procurement
of professional services.
13.2111 Penalties.
13.2112 Administrative
penalties.
13.2101 Short title.
This Act may be cited as the American Samoa Statistical Act of 2003.
History: 2004, PL
28-26.
13.2102 Purpose.
This Act is enacted to (1) mandate the collection, tabulation, compilation, publication, and reporting of official statistics; and (2) ensure the accuracy of statistics and efficiency of the statistical system by a comprehensive coordination of statistical activities and realignment of statistical operations in American Samoa.
History: 2004, PL
28-26.
13.2103 Creation of a
Statistics Division-Authorization for coordination of surveys.
(a) There is created, within the Department of Commerce, a Statistics Division to be headed by a Chief of Statistics.
(b) The Statistics Division is authorized to collect, tabulate, compile, analyze, publish and report all official statistics covering social, economic and demographic fields as required for the purpose of making policy decisions; and to carry out the purposes of this Act; and to conduct pertinent censuses and surveys.
(c) Information shall be collected to enable the production of official statistics relating to the following:
(1) population and housing;
(2) health, welfare and moribidity;
(3) law enforcement and the administration of justice;
(4) social and physical environment data;
(5) labor force, employment and unemployment;
(6) accidents and injuries;
(7) income, expenditure and taxation;
(8) land tenure, land use and agriculture;
(9) assets and liabilities;
(10) prices;
(11) trade and financing;
(12) travel and tourism;
(13) communication and transportation;
(14) economic, financial, manufacturing, production and administrative;
(15) all government maintenance and operation programs;
(16) all government capital improvements projects;
(17) canneries and fisheries; and
(18) other related activities.
(d) The Director of the Department of Commerce, in consultation with the Chief of Statistics, may adopt, amend, and repeal rules under the Administrative Procedure Act, A.S.C.A., §§ 4.1001 et seq., governing the collection, tabulation, compilation and publication of official statistics, and all other similar matters which in his judgment shall be necessary to carry out the purposes of this Act. The rules, when adopted in conformity with A.S.C.A., §§ 4.1001 et seq., have the force and effect of law.
(e) All department and agency heads, government employees, private individuals and businesses required by this Act, or by regulations duly promulgated and adopted by the Department of Commerce, to provide required information, shall inform, submit or provide such information to the Statistics Division without delay.
(f) The Statistics Division is empowered to coordinate all censuses, including American Samoa Government and the United States Federal censuses; the census of Population and Housing; the census of Agriculture; the Census of Economic and any other census as mandated by federal laws.
(g) The Statistics Division is empowered to plan, design and execute various types of statistical surveys that are necessary for compilation and publication of the official statistical system. Any statistical surveys to be conducted by any branch or subdivision of the American Samoa Government shall be approved by the Statistical Advisory Council and coordinated with the Statistics Division prior to undertaking such survey.
(h) The production of official statistics relating to items (1) through (18) in subsection (c) above shall be fully coordinated with the activities engaged in the production of Gross Domestic Product (GDP) estimates. Specifically, (1) the measurement of income, expenditure and taxation must follow NIPA conventions using approved Bureau of Economic Analysis (BEA) methodology; (2) measurement of prices must follow Bureau of Labor Statistics (BLS) standards to ensure that price deflation of the NIPA aggregates is valid; (3) measurement of trade and financing must follow NIPA conventions enumerated in the applicable BEA publications on balance of payments; and (4) measurement of economic, financial, manufacturing, production and administrative must be baselined in the quinquennial Economic Census, and geared towards producing value added estimates of GDP.
History: 2004, PL
28-26.
13.2104 Powers and duties
of the Statistics Division.
(a) The
Statistics Division is empowered to: (1)
collect and provide information required by the American Samoa Government and
its subdivisions for policy making and program planning and implementation; and
(2) effectively coordinate all phases of statistical activities in
(b) The specific duties of the Statistics Division are;
(1) to make such statistical reports as specified in this Act;
(2) to develop and establish statistical policy matters;
(3) to plan, design, and collect the statistical information specified in this Act;
(4) to compile, analyze, abstract and publish official statistics outlined in this Act;
(5) to coordinate and provide technical assistance as needed for all statistical activities being carried out in other departments or agencies of the American Samoa Government;
(6) to define and
establish a statistical standard as a basis for official statistics in
(7) to make or construct statistical estimates, forecasts, projections, and models as necessary or appropriate. Whenever feasible, such statistical constructs must be based upon NIPA data and constructs;
(8) to plan, design and undertake censuses and surveys specified in this Act;
(9) to examine,
evaluate, and interpret any published or unpublished statistical data as it
relates to
(10) to plan, design, and undertake statistical education and training through workshops, seminars and conferences for employees of the American Samoa Government, and the public as needed;
(11) to serve as the lead agency statistical matters for American Samoa in contacting and interacting with Federal, State, other Territorial, and local agencies, international and regional organizations, and private organizations and citizens;
(12) to plan, design, and carry out research, field studies, experiments, and such other activities for furthering development of statistical sciences;
(13) with the advice of the Statistical Advisory Council, to decide the procedures and methods employed in the provision of all statistics produced compiled by the Statistics Division, including the extent, form, and timing of statistical publications;
(14) as soon as practicable, but no later than June 30th of each calendar year, to publish an Annual American Samoa Statistical Yearbook covering the range of statistics stated in this Act;
(15) as soon as practicable, to publish other statistical reports, such as unemployment (HHEIS) statistics, and special census and survey reports as timely as possible;
(16) at the discretion of the Chief of Statistics, to undertake other activities relating to statistical activities recommended by the Statistical Advisory Council.
History: 2004, PL
28-26.
13.2105 Organization and
staff of the Statistics Division
(a) The Statistics Division shall consist of at least the following four units: (1) Statistical Planning and Coordination; (2) Population and Social Statistics; (3) Economic Statistics; and (4) Statistical Data and Information Management. The duties and responsibilities of each unit shall be as specified by the Chief of Statistics.
(b) The Statistics Division shall be headed by a Chief of Statistics, appointed by the Director of the Department of Commerce. The Chief shall perform such duties as may be imposed upon him by law, regulations, or directives of the Director of the Department of Commerce.
(c) In addition to such staff as may be required to assist the Statistics Division in performing duties mandated by this Act, and subject to budgetary appropriation, the Department of Commerce may obtain technical advisory services from statisticians, survey specialist and/or computer experts, and employ, as needed, enumerators and interviewers on a part-or full-time basis.
History: 2004, PL
28-26.
13.2106 Censuses of population and housing and other special censuses.
(a) The
Statistics Division shall be the agency responsible to plan, design and
undertake the Decennial Censuses of Population and Housing in collaboration
with the U.S. Bureau of the Census, or the federal agency charged with such
responsibilities. In addition to the
Decennial Censuses of Population and Housing,--the Statistics Division shall plan,
design and undertake the mid-decade censuses of population and housing in
American Samoa, on or about April 1st in the years ending with five (5), which
is the exact mid-point of the Decennial Censuses. In such undertakings, the Statistics Division
may ask and obtain technical and other-assistance from the U.S. Bureau of the
Census,
(b) The Statistics Division is empowered to plan, design and undertake other special censuses, including, but not limited to, Census of Agriculture, Census of Establishments, Industrial Census, Census of Manufacturing, Census of Wholesale and Retail Trade, in collaboration with the U.S. Bureau of the Census or other appropriate agencies. In all such undertakings, the Statistics Division is to seek the advice of the Statistical Advisory Council concerning the scope, approach, funding and other requirement of such special censuses.
History: 2004, PL
28-26.
13.2107 Confidentiality of information.
(a) Every employee of the Statistics Division shall take and subscribe to a statutory declaration t the effect that he or she will faithfully and honestly fulfill his duties as an employee of the Statistics Division in conformity with the requirement of this Act, and will not disclose or make known any information or-statistical data that are acquired under this Act, except as otherwise provided by law. Any information or statistical data that are collected for statistical purposes shall be kept for those purposes, and confidentiality of such information shall be strictly maintained.
(b) Confidential information obtained from individuals, households, organization, and other entities, in the process of compilation of statistical data, shall be treated as such.
(d) Neither the Chief of Statistics nor any other employee of the Statistics Division may, except as otherwise provided by law:
(1) use the information furnished under the provisions of this Act for any purpose other than the statistical purposes for which it was obtained; or
(2) make any publication whereby the data furnished by any particular establishment or individual under this Act can be identified; or
(3) permit anyone, other than the sworn officers and employees of the Statistics Division, to examine the individual reports.
(e) No department, bureau, agency, officer, or employee of the American Samoa Government, except the Director of the Department of Commerce and the Chief of Statistics in carrying out the purposes of this Act, may require, for any reason, copies of census reports or statistical information which have been retained by any establishment or individual. Copies of Census reports and statistical information which have been so retained shall be immune from legal process, and shall not, without the consent of the individual or establishment concerned, be admitted as evidence or used for any purpose in any action, suit or other judicial or-administrative proceeding.
History: 2004, PL
28-26.
13.2108 Statistical
advisory council.
(a) There shall be Statistical Advisory Council established as a consultative body to the Statistics Division on matters of statistical activities. The Council shall also recommend policies, programs and procedures for statistical activities.
(b) The functions of the council shall include:
(1) review of censuses, surveys and compilation of various statistics;
(2) provide assistance with the analysis and evaluation of survey results; and
(3) offer suggestions for the development and improvement of statistics.
(c) The statistical advisory council shall consist of the following members:
Lieutenant Governor (Chairman),
Director of the Office of Program Planning & Budget Development,
Director of the Department of Commerce,
Director of the Department of Health,
Head of the
Director of the Department of Education,
Attorney General,
Secretary of Samoan Affairs,
Director of Port Administration,
Treasurer,
Director of the Office of Women’s Affairs,
President of the
The District Governors,
One (1) member of the Senate,
One (1) member of the House of Representative,
One (1) representative of the Chamber of Commerce; and
Three (3) members from the private sector appointed by the Governor.
History: 2004, PL
28-26.
13.2109 Authorization of appropriations.
There is authorized to be appropriated in accordance with budget procedure laws and regulations, out of the Treasury of American Samoa, such sums as may be necessary to carry out the provisions of this Act.
History: 2004, PL
28-26.
13.2110 Procurement of professional services.
The Chief of Statistics, with the approval of the Director of the Department of Commerce, and subject to budgetary appropriation and procurement rules and procedures, shall have authority to contract with educational and other research organizations for the preparation of reports and materials of a similar nature.
History: 2004, PL
28-26.
13.2111 Penalties.
(a) Whoever, being over eighteen years of age, refuses or willfully neglects, when requested by the Director of the Department of Commerce, the Chief of Statistics, or any other authorized employee or agent of the Statistics Division, to answer, to the best of his knowledge, any of the questions on any schedule submitted to him in connection with any statistical collection, census, or survey provided for by this Act, applying to himself or to the family to which he belongs or related, or to the farm or farms of which he or his family is the occupant, shall be fined not more than $200.00.
(b) Whoever, when answering questions authorized for the purposes f carrying out this Act, and under the conditions and circumstances described in subsection (a) of this section, willfully gives any answer that is false, shall be fined not more than $500.00.
(c) Notwithstanding any other provision of this Act, no person shall be compelled to disclose information regarding his religious beliefs or membership in a religious body.
(d) Whoever, either directly or indirectly, offers or renders to any officer or employee of the Statistics Division engaged in making an enumeration of population, any suggestion, advice, information or assistance of any kind, with the intent or purpose of causing an inaccurate enumeration of population shall be guilty of a class A misdemeanor and upon conviction shall be sentenced accordingly.
(e) Whoever, being the owner, proprietor, manager, superintendent, or agent of any hotel, apartment house, boarding or lodging house, barracks, tenement, or other building, refuses or willfully neglects when requested by the Director of the Department of Commerce, the Chief of Statistics, or their designee, acting under the authority of this Act, to furnish the names of the occupants of such premises, or to give free ingress and egress therefrom to any duly accredited representative of the Director of the Chief of Statistics, so as to permit the collection of statistics as provided for in this Act, or any survey being taken or made, the proper and correct enumeration of all persons having their usual place of abode in such premises, shall be fined not more than $500.00.
(f) Whoever, being the owner, official, agent, person in charge, or assistant to the person in charge, of any company, business, institution, establishment, religious body or organization of any nature whatsoever, neglects or refuses when requested by the Statistics Division, or authorized agent thereof, to answer completely and correctly to the best of his knowledge all questions relating to his company, business, institution, establishment, religious body, or other organization, or to records or statistics in his official custody, contained on any census or other schedule or questionnaire prepared and submitted to him under the authority of this law, shall be fined not more than $500.00 per day that he neglects or refuses to answer such request completely and correctly; and if he willfully gives a false answer to any such question, he shall be guilty of a class D felony and upon conviction shall be sentenced accordingly.
(g) Whoever, being an employee of the Statistics Division and having taken and subscribed to the oath of office in accordance with this Act, neglects or refuses, without justifiable cause, to perform the duties required of such employee by this Act shall be fined not more than $500.00.
(h) Whoever, being an officer, agent, or employee referred to in this Act, willfully and knowingly swears or affirms falsely as to the truth of any statement required to be made or subscribed by him under oath by or under authority of this Act, shall be guilty of perjury, a class D felony under this Act, and upon conviction shall be sentenced accordingly.
(i) Whoever, being an officer or employee referred to in this Act (1) willfully and knowingly makes a false certificate or fictitious return; or (2) knowingly or willingly furnishes or causes to be furnished, or, having been such an officer or employee, knowingly or willfully furnished or caused to be furnished, directly or indirectly, to the Director of the Department of Commerce, the Chief of Statistics, or to any other officer or employee of the Department of Commerce, any false statement or false information with reference to any inquiry for which he was authorized and required to collect information provided for this Act, shall be guilty of a class D felony and upon conviction shall be sentenced accordingly.
(j) Whoever, being or having been an employee or staff member referred to in this Act, having taken and subscribed the oath of office, publishes or communicates any information, the disclosure of which is prohibited by the provisions of this Act, and which comes into his possession by reason of his being employed (or otherwise provided services) under the provisions of this Act, shall be guilty of a class D felony and upon conviction shall be sentenced accordingly.
(k) The Director of the Department of Commerce is authorized to assess, impose and collect the fines provided for in this section, excluding those which may be assessed in conjunction with sentencing for a conviction of a misdemeanor or felony under this section. Imposition of those fines imposed by the Director of the Department of Commerce may be appealed to the Administrative Law Judge.
History: 2004, PL
28-26.
13.2112 Administrative penalties.
(a) No civil or criminal penalties pursuant to the foregoing provisions shall attach, unless the Director of the Department of Commerce has reviewed the facts surrounding the possible infraction, and has assessed an administrative remedy, in accordance with the Administrative Procedures Act, ASCA §4.1001, et. seq.
(b) In certain cases, where the facts reveal a knowing or willful act on the part of the charged party, to mislead the Director of the Department of Commerce, the Chief of Statistics, or an authorized agent of the Statistics Division in verbal or written responses to questions posed by any of the foregoing parties, in order to evade process or prosecution for a crime under the laws of the Territory, or to hinder an ongoing investigation or prosecution of a crime under the laws of the Territory, or for any pecuniary gain, the Director may forego an administrative review under subparagraph (a) of this provision, and forward directly to the Commissioner of Public Safety and/or the Attorney General, copies of all information on file regarding the possible violation.
(c) In addition to any penalty or liability under other law or provisions of this Act, whoever, being or having been an officer, employee or staff member referred to in this Act, violates the provisions of this Act while being employed by the American Samoa Government (or otherwise providing services thereto), shall be subject to appropriate administrative disciplinary actions, including, when circumstances warrant, suspension from duty without pay, or removal from office.
(d) Administrative penalties imposed pursuant to this section may be appealed to the Administrative Law Judge.
History: 2004, PL
28-26.