Second Regular Session to Open Monday, August 14th

During the summer lull in legislative activity, we have prepared some background information on the legislative process in this issue.  We’ve also included articles on some topics that are either awaiting legislative action or may soon be brought before the Legislature for action.  As always, we hope that you find this issue of the Legislative Newsletter to be informative and useful.

 

By CT

On Friday, July 21, 2000 Dr. John M. Huh from Indonesia arrived on Kosrae, accompanied by his staff.  His first step onto Kosrae has the potential to be a giant leap toward Kosrae’s goal of economic self-sufficiency, yet only a few knew who he was and why he came.

During his few days on Kosrae, Dr. Huh went around visiting the high offices and sightseeing on the island.  The Kosrae State Legislature was one of his stops, where he met with some of the members and explained his purpose for visiting Kosrae.

Dr. Huh came to Kosrae to look into the possibility of building a petroleum refinery here.  According to him, at this stage, he was trying to find out whether Kosrae has enough space for the refinery and whether Kosrae is willing to get into the refinery industry.  Before departing Kosrae, Dr. Huh knew Kosrae has the space.  As for Kosrae’s willingness to get into petroleum refining, he could only count on the encouraging signal of support he got from various offices and people with important positions in Kosrae.

This venture is likely to run into obstacles before it can be adopted.  Kosrae is still smarting from the derailment of the Micronesia Petroleum Corporation from its sure course.  The Pacific Tuna Industry is rapidly deflating Kosrae’s dream balloon of being a viable spot in the fishing industry.  SEMO Micronesia Inc. is in the midst of troubled waters.  Thus, Kosrae’s experience with development has been a series of hopeful beginnings with less than mediocre performance that weaken the hopes of further projects.

However, the proposed refinery may avoid the path of Kosrae’s earlier disappointments.  For one, Dr. Huh explained that refineries have a good future.  According to him, the existing Western Pacific Region’s refineries cannot meet the current demand for refined petroleum.  At the current rate of consumption growth, if no new refineries are built, the estimated shortage for this region will be 1.7 million barrels per day in the year 2010.  Thus, to prevent this shortage, the Western Pacific Region has to build 13 new refineries.

Dr. Huh is proposing that Kosrae build one of the 13 needed refineries.  If a refinery is built on Kosrae, we will have to import huge volumes of crude oil, which is the raw material that is refined into petroleum products like gasoline, diesel, kerosene, etc.

Dr. Huh’s presentation to the Legislature also showed that other products come with a refinery.  Clothing, wax, and plastic are some examples of the products that come with a refinery.  These products are used as raw materials to make other products.  Thus, a refinery is not only doing business with petroleum, rather it opens up other ways to do business.

Pollution is a major concern associated with a petroleum refinery, although, Dr. Huh was able to show that there is minimal pollution from the type of refinery plant he proposes.  There remains, however, the concern with the potential for oil spills from tankers that would unload crude oil at Kosrae’s port.

There is also concern with the potential cultural “pollution” that may come with this project.  Almost certainly the refinery will continue operation on Sundays – what do the people of Kosrae think about that?  How will the more than 3,000 imported workers that would be needed for the refinery affect life on Kosrae?  Kosrae was having difficulties with the crews on the fishing ships – there were fewer than 500 of them.  Construction of a refinery will bring imported labor in the thousands.

In sum, a refinery looks economically promising but is Kosrae ready for the changes that would accompany such a project?  Some of the problems we have today with our ailing development projects come from questions that were overlooked or were not given proper attention during the planning phase.  It is essential that we carefully and thoroughly examine a refinery facility before leaping into the project.

 

By CW

The Seventh Kosrae State Legislature will convene its fourth regular session on August 14, 2000.  As required by law, this regular session will end on or before September 16, 2000.  This will be another round of fisticuffs - that is, throwing punches with words, and hot debates on the legislative floor.  Have you ever wondered, really wondered, what goes on in the legislative halls?  What laws were enacted in the recent past?  What laws will be created in the near future?         

A quick glance at the Legislature’s status table shows that 209 proposed laws have been introduced during this term.  Interestingly, more than half of these proposals became law.  Some examples are: (1) the “Mwo Sasu” holiday; (2) prohibition of a candidate’s distribution of food by the roadside to voters; (3) rein-statement of the transaction tax; (4) the fisheries act; (5) staggered motor vehicle registration dates; (6) creation of the Office of Public Auditor; (7) creation of the Kosrae Port Authority; (8) the Good Friday holiday; (9) prohibiting riding on top of a pickup truck bed wall; and (10) banning firecrackers and fireworks.

Of all the bills passed by the Seventh Legislature, the Governor vetoed only five.  Three of those were repassed (overridden) by the Legislature and became law.  The three include laws authorizing the scholarship board to enforce repayment of student loans, allowing MPC to sell minority ownership to shareholders, and authorizing representation funds.  The two vetoed bills included a proposal to prohibit harvesting of sea cucumbers and another proposal seeking to privatize the State Government’s gasoline service.

In the August session, more proposals will be introduced and more laws will be made.  It is not clear which bills will be up for consideration, but, definitely, any passed legislation will have affect the citizens.  Following are some of the major pending issues that may be laid on the floor for legislative debate.

 Foremost is the FY 2001 budget.  The Governor’s proposed budget appropriates $11,405,481 to fund governmental operations for the fiscal year ending September 2001.  Of this amount, $8,420,481 will fund the operations of the Executive, Legislature, Judiciary, and other government programs.  The balance, totaling $2,935,000, will fund the implementation of the Public Sector Investment Program.  Any increase or decrease in these figures will be decided in the Legislature in the upcoming session.

Second is the creation of an inferior court.  Legislative Bill No. 7-47 was introduced by Senator John Martin on February 19, 1999.  It would establish a State Land Court.  The Committee on Judiciary and Governmental Operations, chaired by Senator James R. Palsis, investigated the proposal and reported to the Legislature on April 19, 2000.  The Committee report emphasized that the Kosrae State Leadership Conference of 1999 adopted a resolution supporting a land court.  Passage of L. B. No. 7-47 would transfer the disposition of land matters to the Land Court as an inferior court of the Kosrae State Court instead of by the Land Commission. 

If the Land Court proposal passes, the Chief Justice will establish rules of evidence and procedures and other policies regulating the land court’s operation.  The Land Court Justices, however, will exercise independent judgment when performing the powers granted to them by law.  Legislative Bill No. 7-47 passed its first reading on April 19, 2000 and was tabled during its second reading.

 

By AN

The summer brings a number of opportunities for travel by members of the Kosrae State Legislature. Many of these trips are made possible through invitations extended to the Legislature from municipal groups and state and regional organizations for goodwill, conferences, and investigation.  Since these trips are funded by public money, the Legislature wishes to inform the citizens of Kosrae what they are getting for their money.

In May, Senator Thurston Siba traveled to the Philippines for a Health Insurance Program follow-up appointment.  Three Senators traveled to Hawaii in the same month - Senator Reedson Abraham represented the Legislature at the Mayor’s Pacific Island Environmental Symposium in Honolulu.  Vice Speaker Patterson Benjamin represented the Speaker’s Office at Mr. Jefferson Benjamin’s graduation ceremony in UH, Manoa at which Jefferson Benjamin became only the second Kosraean to earn his doctorate degree.  Senator Steven Sigrah accompanied the Lelu Softball team to Kona.  Also in the month of May, Senator James Palsis and Senator John Martin accompanied MPC officials to Nauru for a fuel business deal.

More trips followed during the month of June. Vice Speaker Patterson Benjamin and Senator Semeon Phillip accompanied MPC and state officials to Indonesia to explore fuel supply options.  Also in June, a number of conferences were held off-island.  Representing the State Legislature at these conferences were Senator Lyndon Jackson at the APNLC Conference in Palau; Senator Tadasy Sigrah at the Annual PIBBA Conference in Saipan; and Speaker Hiteo Shrew at the EPIC Conference in Pohnpei.  Also extended to the Legislature was a goodwill trip for the Lelu Gospel Choir to Majuro, RMI.  Floor Leader Albert Welly represented the Legislature.

In July, a number of invitations were extended to the Legislature.  Among the invitations, a delegation from Kosrae traveled to Majuro for the Second Micronesian Basketball Tournament.  Accompanying the delegation was the Chairman, Josaiah Saimon, and Vice Chairman Lyndon Jackson of the Health and Social Affairs Committee.  An invitation was also extended to Senator Carson Sigrah to represent the Legislature with a group from Tafunsak on a goodwill trip to Chuuk.  Representing the Legislature at the Annual PREL Conference in Palau and the 15th Annual APIPA Conference in American Samoa were Senator Tadasy Sigrah, chairman of Education and Cultural Affairs Committee and Senator Palikun Shrew, chairman of Ways and Means Committee, respectfully.  Finally, Speaker Shrew and Senator Thurston Siba travelled to Guam for a meeting with representatives of Yap-MPC and Pacific Petroleum Corporation on fuel supply issues.

 

By LG

Amendments to the Kosrae State Constitution may be proposed in only three ways: 1) by a state constitutional convention; 2) by popular initiative; or 3) by the Legislature through adoption of a resolution.  Any amendments proposed through these mechanisms become part of the constitution only if they are subsequently approved by the majority of the registered voters as well as a majority of the municipalities.

In the recently adjourned Special Session, the Legislature acted on two resolutions proposing amend-ments to the State Constitution.  The first, introduced by Senator Lyndon Jackson, was proposed to amend Article IV, Sections 2 and 3 of the State Constitution, by reducing the number of senators from 14 to 10.  It would have eliminated one Senate seat from each of the four municipalities.  The Legislature, however, did not act favorably on this measure; it was defeated.  The other resolution, introduced by Senator John Martin, called for the election of senators by all registered voters, instead of election by electoral districts.  The Legislature adopted Senator Martin’s resolution.

Currently, only the voters of each municipality elect that municipality’s representatives to the Legislature.  Martin’s resolution, however, would require that senators be elected by all the registered voters of the State.  It means that a registered voter from Utwe could also vote for those candidates of his choice from Lelu, Malem and Tafunsak, aside from the two he votes for in Utwe   The required number of senators from each of the municipalities remains the same (2 from Utwe, 3 from Malem, 4 from Tafunsak and 5 from Lelu.

Some thoughts on the measure’s pros and cons.  Senator Martin’s main objective in proposing the resolution was to minimize pro-localism in the current system and in doing so, shift members’ attention to matters of interest to the entire state.  One member who supported the measure felt that it would also guarantee the election of the most qualifiied individuals on the island.

Opponents felt that the measure would rob the element of true representation that is integral to all democratic governments.  Also, it is claimed that a statewide campaign would become more expensive and ensure the election of the affluent over the poor. 

Whether or not the amendment proposed by Sen. Martin’s resolution becomes part of our constitution will be decided by you and me, the voters.  It is uncertain when the required referendum will be held.  Since the statutes are silent on the governor’s authority to call a special election, a legislative bill will have to be introduced and passed, specifically authorizing the governor to call a special election in a situation like this.  It is expected that the statute will allow the amendment to be voted on in conjunction with the election for Kosrae’s delegation to the FSM ConCon slated for March of next year.

 

By JL

Under Article IV of the Constitution of Kosrae State, the function of the Legislature is to enact laws for the benefit and wellbeing of the people of Kosrae. Under Article IV, Section 12, the Legislature determines its own rules of procedure.  These rules can be changed (amended or repealed) in any way the Legislature sees fit.  The rules govern all matters pertaining to the organization and proceedings of the Legislature and its Committees.

The Legislature convenes in regular session twice a year and may hold additional special sessions at any time.  A Senator may introduce measures for consideration by the full Legislature in any session.  Measures include any bill or resolution introduced by at least one member in the Legislature.  A bill or resolution can also be introduced “by request” from the Executive Branch.  After a measure is introduced, the Speaker assigns it to one or more (if jointly assigned) standing committees.

The Legislature has five Standing Committees and the Committee of Whole, each of which has jurisdiction and oversight over certain areas concerning the government and the general public.  After receiving the assignment as property of the committee, the committee chairman will call for an executive session to discuss the measure.  After committee discussion, the Committee formulates a written or oral report to the Legislature of its findings and recommendation.  In some cases, however, a committee feels that further information is necessary for proper deliberation.  In such a case, it can exercise its power of investigation (public hearing), where witnesses may be summoned and examined, documents and records searched and every effort made to bring out all facts pertaining to matters before the Committee.  It is the Committee’s duty to make diligent and careful inquiries into all of the facts and circumstances connected with any bill, resolution or other matter referred to it.

After the Committee report on a measure is adopted by the full Legislature, the bill or resolution becomes property of the Legislature and is subject to passage or defeat by the membership of the Legislature.  The Legislature, by motion, can table (sit on), defer (postpone), recommit (send back) or amend (change) the measure.  If a measure is amended, it is reprinted with the changes as a new Legislative Document or L.D.

Every bill introduced in the Legislature must pass two readings on separate days.  Although a bill can be passed on first reading by a simple majority vote, passage on second reading requires approval by two-thirds (10 out of 14) of the membership.  Voting on second or final reading is done by a roll call vote.  A resolution, unlike a bill, may be passed on one reading (with at least a 2/3 vote) and also requires a roll call.

Passage of every measure is certified by the Speaker and the Chief Clerk and transmitted to the Governor.  The Governor may veto a bill passed by the Legislature.  A vote of at least 12 Senators is needed to repass the bill over the Governor’s objections.  Resolutions take effect without the Governor’s approval.

The Eighth Special Session convened on Wednesday, July 12 at 10:00 a.m in the KSL Chamber.  During this three-day special session, the following six bills and one resolution were introduced:

 

L.B. No. 7-204  To provide additional funding for the Education School Bus Acquisition project.

Introduced by request.  Assigned to the Committee on Education and Cultural Affairs.  Passed final reading and became S.L. No. 7-105.

L.B. No. 7-205  Appropriating $47,000 to fund construction of a multi-purpose facility for the Department of Education.

Introduced by request.  Assigned to the Committee on Education and Cultural Affairs.  Passed First Reading on July 14.  Up for Second Reading during the upcoming regular session.

L.B. No. 7-206  Appropriating $58,000 to fund the Kosrae Historical/Archaeology Program.

Passed Final Reading and become S.L. 7-103.

L.B. No. 7-207  Appropriating $20,000 to the Banana Propagation Training and Research Project.

Introduced by request.  Assigned to the Committee on Resources and Development.  Passed final reading and became S.L. No. 7-104.

L.B. No. 7-208  Authorizing MPC to pledge its assets and operating capital as collateral for an FSM Development Bank loan under certain conditions.

Introduced by Speaker Shrew.  Assigned to Committee on Ways and Means.  Passed final reading as L.D. 1 and became S.L. No. 7-108.

L.B. No. 7-209  Appropriating $102,090 to supplement operation of the Kosrae Local Office of the USDA-Rural Development for fiscal year 2001.

Introduced by Sen.Palsis.  Assigned to Committee on  Ways and Means.

L.R. No. 7-139  Expressing concern over the Cholera outbreak in the State of Pohnpei and recognizing that a temporary State of Emergency exists, it is the desire of the Kosrae State Legislature to extend the Executive Decree on travel restrictions issued by the Governor for a period of six months.

Introduced by request.  Adopted as L.D. 1 on July 13.

 

In addition, during this session the following bill and two resolutions were acted upon:

 

L.B. No. 7- 200  Appropriating $100,000 to fund certain Kosrae Health Services Capital Development Programs.

Introduced by request.  Assigned to Committee on Health and Social Affairs.  Passed first reading.  Up for second reading in the upcoming regular session.

L.R. No. 7-101  Proposing amendments to the Kosrae State Constitution to require Senators to be elected by all the voters of Kosrae.

Introduced by  Sen. John Martin.  Adopted and transmitted to the Governor and the State Election Commission for further action.

L.R. No. 7-80  Proposing amendments to the Kosrae State Constitution to reduce the number of Senators from fourteen to ten.

Introduced by  Sen. Lyndon Jackson.  Defeated by the Legislature.

 

The Eighth Special Session adjourned sine die July 14, 2000.