Title 4. THE
LEGISLATURE
Chapter 1. Powers
Section 4.101. Arrest. The Sergeant at arms has the authority to arrest of a policeman
in the situations stated in Section 17.1101 when the act leading to arrest is
related to Legislature proceedings, property or personnel. Upon arrest the
Sergeant at arms promptly notifies the Police for disposition of the arrested
person. The Police give full assistance and cooperation to the Sergeant at arms
and the Legislature in matters of arrest. In exercising the arrest power the
Sergeant at arms is subject to an order of the Speaker at any time and to an
order of a chairman of a Legislature committee, while the committee is meeting.
An order of a majority of the Senators supersedes an order of the Speaker when
the Legislature is in session. An order of a majority of a committee supersedes
an order of the chairman, when a committee is meeting.
Chapter 2. Procedure
Section 4.201. Regular sessions. The Legislature meets in regular session beginning on the second
Monday of February and August of each year at 10:00 a.m. and continues until
final adjournment.
Section 4.202. Seal. Adoption of a Legislature seal is by resolution of the
Legislature. The primary purpose of the seal is to certify the Legislature's
acts and resolutions. With the Speaker's approval the seal may also appear on
Legislature communications, publications and other documents or property of the
Legislature. Each device for embossing or printing the seal is in the Chief
Clerk's custody.
Section 4.203. Nomination.
(1) Within sixty days of taking office following election
the Governor nominates a person to the directorship of a department.
(2) Within sixty days of the legislature's receipt [of]
nomination the committee to which the Speaker assigns the nomination calls and
concludes hearings on the nomination, unless the Legislature by resolution
allows a further period.
(3) If the Legislature by resolution declines to consent to
a nomination, or on a vote by the Legislature does not adopt a resolution
proposed to consent to a nomination, the Governor does not submit the nominated
person for the same position during the term of that Legislature.
(4) If the Legislature by resolution declines to consent to
a nomination or to adopt a resolution confirming a nominee, the Governor
submits a replacement nominee to the Legislature within sixty days. Within
sixty days of the Legislature's receipt of the replacement nomination, the committee
to which the Speaker assigns the nomination calls and concludes hearings on the
nomination unless the Legislature by resolution allows a further period.
Background
Amended by State Laws 4-10 and
4-15.
Section 4.204. Enactment. An enactment of the Legislature takes effect as provided in
the Constitution, unless the enactment provides otherwise.
Section 4.205. Interim Rules. A Legislature rule or directive applicable to the previous
Legislature applies to an incoming Legislature on an interim basis until
adopted, amended or repealed by the new Legislature.
Background
Added by State Law 4-155.
Section 4.206. Passed
bills; acknowledgements required.
(1) When a bill has
been passed by the Legislature, the Chief Clerk shall present it to the
Governor in accordance with the Kosrae State Constitution, Article IV, Section
16. The person who receives the
certified bill on behalf of the Governor shall contemporaneously sign and date
an acknowledgement of receipt of the document.
The acknowledgement must contain a description of the document
presented, the name of the person accepting receipt of the documents and the
date of receipt. The person shall
immediately provide the acknowledgement to the Chief Clerk.
(2) When the
Governor presents to the Legislature a message regarding his actions on any
bill received under subsection (1), the person who receives the Governor’s message
on behalf of the Legislature shall contemporaneously sign and date an
acknowledgement of receipt of the document.
The acknowledgement must contain a description of the document
presented, the name of the person accepting receipt of the documents and the
date of receipt. The person shall
immediately provide the acknowledgement to the representative of the Governor
who delivers the message to the Legislature.
(3) An
acknowledgment of receipt provided under this Section is conclusive proof of
the receipt of the items described in the acknowledgement and of the date when
that action occurred.
Background
Added by State Law 7-98.
Chapter 3. Senator's Compensation
Section 4.301. Salary and duty of Senators. With the
exception of the Speaker and Vice Speaker, a Senator receives an annual salary
of sixteen thousand six hundred and twenty five dollars ($16,625). The Speaker
receives an annual salary of eighteen thousand three hundred and seventy-five
dollars ($18,375) and the Vice Speaker receives an annual salary of seventeen
thousand five hundred dollars ($17,500). It is the duty of a Senator to devote
at least a portion of each day to Legislature-related matters and to be
available daily for the performance of legislative responsibilities. The
Legislature may provide by rule for uniform deductions from the salary for
absence or other cause.
Background
Amended by State Laws 3-104, 5-198 and 6-132. Effective date of State Law 6-132 is October
1, 1997.
Section 4.302. Travel expenditures. In addition to other
compensation the Legislature may authorize by rule or directive the payment of
a Senator's travel expenses incurred outside the State in the course of
Legislature-related activities and establish rates therefor.
Background
Formerly Section 4.303. Renumbered by State Law 5-198.
Section 4.303. Payment of compensation. The
Legislature provides by rule, or by directive authorized by rule, for the
method of payment of funds pursuant to this chapter. Such rule or directive is
binding on the Government and supersedes other requirements of law.
Background
Formerly Section 4.304. Amended and renumbered by State Law
5-198 (effective January 9, 1995 at
12:01 p.m.)
Section 4.304. Representation
funds. In addition to compensation
provided by this Chapter, a Senator is entitled to receive reimbursement for
actual expenses incurred in the performance of the duties of the office to the
extent funds are appropriated for that specific purpose.
(1) Reimbursement is
not available under this Section for personal or political expenditures. Reimbursement is not available under this
Section if the expense is reimbursable from any other source, including sources
other than the State.
(2) Funds may be
provided to a Senator only after presentation of evidence of the amount of
expenses and documentation that the expenses were incurred in the performance
of official duties. Any permanent
physical items for which reimbursement is provided under this section become the
property of the State.
(3) The Director of
Administration and Finance shall provide a monthly report to the Speaker for
all expenses for which reimbursement is provided under this Section. The Speaker is the final arbiter of any
dispute regarding a claim for reimbursement under this Section.
(4) The Kosrae State
Legislature shall develop Rules of Procedure for the reimbursement of expenses
and documentation requirements.
Added by State Law 7-44.
Chapter 4.
Legislative Finance
Section 4.401. Self Regulation. The Legislature provides by rule for the prevention of
misuse of funds disbursed from the Legislative Operations Fund.
Background
Added by State Law 5-41. Formerly Section 4.305; renumbered by State
Law 7-2.
Cross-reference:
See
Title 10, Sections 10.208-10.210.