A Successful Ninth Special Session Concludes

This issue of the Legislative Newsletter comes soon after the close of the Ninth Special Legislative Session, which addressed vetoes of earlier bills, nominations to the Sports Council and other legislative business.  In the next issue, we will be reporting the results of that session, including any consideration of vetoed bills or budget line items.  Until then, this issue once again focuses on recent news or topics of concern that have been brought to the Legislature’s attention.  As always, we hope that you find this issue of the Legislative Newsletter to be informative and useful.

 

By LG

A hearing in the legislative chamber on September 19th brought together State and municipal government leaders to learn from the Department of Agriculture and personnel from the FSM Quarantine Office about the potential disaster Kosrae may be facing with the existence of a disease that could seriously affect our most marketable agricultural produce -- citrus.

 

Mr. Konrad Englberger, retained by the FSM Quarantine Office as a trainer, gave the presentation on the findings and status of “citrus canker” in Kosrae and recommendations the state may undertake to control the disease.  Citrus canker, as the name implies, is a bacterial disease that produces lesions on our lime, orange and tangerine trees.  The impact on citrus produce ranges from lower quality fruit to reduced yields.  Mr. Englberger informed the gathering that, from samples sent to the U.S. for testing, results have identified and confirmed the disease as citrus canker.

 

Citrus canker can be identified by its effects on citrus leaves and fruits.  On the leaves, it starts as a small yellow spot, gradually growing larger and turning brown in the center.  It can eventually produce holes in the center of the spots.  On fruits, the disease acts as an agent for accelerated decay.  Mr. Englberger stated that our lime is most susceptible to the disease, followed by orange and tangerine.  Citrus canker can easily be spread from diseased to healthy trees by wind and rain or contact by birds and humans.

 

It is clear that the disease was brought to Kosrae from abroad and is already in the other FSM states.  Kosrae, known for its citrus fruits, could face a serious setback in the use and export of its most cherished fruit crops.  It was presented that the disease appears to be fairly widespread on the island as our climate is fairly accommodating to this infectious bacteria. With the help of Mr. Englberger, the Department of Agriculture will try to identify and seal off an isolated location on Kosrae for purposes of replenishment of disease-free citrus plants.  It is critical that such a location can be identified.

 

The most economical eradication method, according to Mr. Englberger, would simply be to cut and burn the infected tree.  A certain chemical compound will then be applied to the root areas.  A chemical spay can also be used, but it would be very costly as our climate would demand more frequent than normal applications.

 

At the end of the hearing, a meeting among the leaders followed to determine what course of actions the state will take.  The creation of a task force was recommended to undertake the necessary fact-finding and planning, including the development of recommendations as to the control and eradication of citrus canker on Kosrae.

 

Since the hearing, lab tests have confirmed that the disease identified on citrus trees in the Tofol area was indeed citrus canker.  Those trees have been destroyed and burned.  Tests on trees from other areas of the island have so far come up negative, giving hope that the disease may not yet be as widespread as previously thought, although further lab testing is continuing.  The presence of the disease, even if it is presently limited to the Tofol area, remains a serious threat to the island’s citrus industry.

By CW

 

On March 6, 2001, voters in the Federated States of Micronesia will elect delegates to the Third FSM Constitutional Convention.  The election date is designated by law to coincide with the regular Congressional election.  Public Law No. 11-53 provides for the selection of delegates and procedures for the Third Constitutional Convention approved in the referendum of July, 1999.  The Convention will consist of four delegations representing the four states.  The states of Chuuk and Pohnei will send 6 and 4 delegates,  respectively.  Yap and Kosrae will each send 2 delegates.

 

     The First Constitutional Convention, commencing on July 12, 1975 and adjourning on November 8, 1975, was held in Saipan.  Back then, delegates came from the six districts comprising the former Trust Territory of the Pacific Islands, including 9 delegates from the Mariana Islands District, 12 from the Marshall Islands District, 8 from the Palau District, 12 from the Pohnpei (Ponape) District, 15 from the Chuuk (Truk) District, and 6 from the Yap District.  Kosrae was at the time a subdistrict of Pohnpei.  Hirosi Ismael and Tadao Sigrah were the two Kosraeans participating in this historic and important task.  Three of the founding Micronesian fathers later served as President of the FSM.  The Honorable Tosiwo Nakayama from Chuuk, president of the First ConCon, was the first president of the Federated States of Micronesia.  The late president, the Honorable Bailey Olter from Pohnpei, and the current president, the Honorable Leo Falcam also from Pohnpei, were delegates.

 

     Since the First ConCon, three of the six entities seceded from the Federation of Micronesian States.  The Mariana Islands established Commonwealth ties with the United States.  Palau and the Marshall Islands went their own ways, seeking and attaining separate free association relationships with the United States.  Kosrae became a new district in 1977 and subsequently became one of the four states comprising the Federated States of Micronesia.

 

     The Second Constitutional Convention brought a new team of delegates under a constitutional government.  With the Constitution in place for ten years, the delegates had to largely reweigh and determine amendments.  This time, only Chuuk, Kosrae, Pohnpei, and Yap were left to review the Constitution.  Representing the State of Kosrae to the Second ConCon were delegates Kun N. Sigrah, Reed Nena, Wilton Mackwelung and Yosiwo P. George.

 

     On March 6, 2001, the citizens of the Federated States of Micronesia will elect its two delegates to the Third Constitutional Convention.  Public Law 11-53 mandates that proposed amendments adopted by the Third ConCon will be placed on a ballot for a referendum to be held in March 2003, or during a special election.  Any proposed amendment that will affect the general election, however, will be voted on in a special referendum to be called by the President of the Nation for December of 2002.

 

     Who will represent the people of Kosrae to the Third Constitutional Convention?  It is extremely crucial for the voters to cast their votes and to choose wisely, especially at this  time where the status of our young nation’s relationship with the United States is in the spotlight.  Moreover, with Kosrae’s relatively small delegation, it will be helpful to select representatives who know their way around.

 

     One issue that will no doubt emerge in this upcoming convention is the four states’ entitlement to the net proceeds from fishing fees collected by the National Government.  Many attempts by the four States in the past have failed to increase the States’ collection or share of fisheries monies.  The FSM leadership conference in Chuuk, held on March 6^th through 10^th this year, addressed the issue but did not came to a final agreement.  The efforts of the four States recently culminated in an appeal to the Supreme Court of the FSM Appellate Division.  On June 30, 2000, the Court entered its decision holding that the four states are not entitled to the net fishing fees.  The question now is how will the Third FSM ConCon tackle this hardened subject?

 

     The establishment of a new state is another topic that may be addressed.  Chuuk State has vigorously tried to divide itself to form a fifth state under the FSM.  The FSM Constitution at Article 1, Section 4 authorizes the formation and admission of new states.  These processes are done by statute.  Prior efforts of Chuuk State failed, but the desire is evidently still strong.  In October last year, the Chuuk Leadership renewed their wishes in a letter submitted to the National Government.

     The foregoing are tough topics; no doubt many others will arise during the course of the convention.   An assembly of strong, objective leaders participating in the Third FSM Constitutional Convention should help to ease the minds of our future generations as the Nation embarks in this new millennium.

 

 

By AN

           

As the fiscal year ends, the Maternal Child Health Program (MCH) -- a major beneficial program for the State -- sought Legislative endorsement of thee MCH Block Grant proposal.  MCH, under the Division of Preventive Care of the State Department of Health Services, has been providing financial assistance to care for pregnant women, mothers, infants and children.  The program provides services involving: prenatal care, postnatal care, infant care (including immunization and growth monitoring), family planning, health education and dental care to the MCH population in the State.

 

The State is undeniably benefited through MCH assistance; the continuation of the program is crucial to the wellbeing of the State’s residents.  On behalf of the State Legislature, Senator Josaiah Saimon, Chairman of the Health and Social Affairs Committee, endorsed the MCH Grant Proposal.

 

 

By AN

 

A letter dated August 7, 2000, from Speaker Hiteo Shrew attempted to follow-up an earlier request for assistance from the State Attorney General, Ronald Bickett, Esq.  In a previous letter, the Speaker sought the AG’s assistance in resolving the following issues: (1) Department of Administration and Finance’s noncompliance with Kosrae State Code Section 10.213; (2) the need for action from the AG to preserve Kosrae Sea Ventures, Inc. (KSVI); and (3) the questioned constitutionality of Sections 4 and 5 of the recently-adopted Financial Management Regulations.

 

In Speaker Shrew’s first letter, dated July 7, 2000, he addressed to the AG an apparent ongoing violation of Kosrae State Code, Section 10.213.  That Section requires the Department of Administration and Finance to submit to the Legislature its monthly or other periodical computer statement of the status of an appropriated sum, and upon request of the Legislature to give other data regarding Government finances or an appropriated sum.  The State Legislature has not received the periodic statements required by the law.  Therefore, Speaker Shrew asked that this violation of the law be resolved.  On October 4, 2000, the Attorney General’s Office sent a memo to Boldon Abraham, the Director of Administration and Finance, asking him to respond to the Speaker’s letter.  In response, the Department provided a financial report to the Legislature and has promised to continue with monthly filings in compliance with the statute.

 

In a second letter to AG Bickett, dated July 11, 2000, the Speaker addressed to the AG an issue concerning the status of Kosrae Sea Ventures, Inc. (KSVI) and the possibility of recovering its vessels.  According to Speaker Shrew, a similar issue had been resolved in Chuuk, in which that state was able to dissolve a failing corporation and recover its fishing boat.  With NFC’s shaky financial status, Speaker Shrew sought the AG’s assistance to preserve the State’s assets associated with KSVI (principally two fishing vessels).  Mr. Bickett responded to this request, informing Speaker Shrew that an Assistant AG will investigate the matter.  Because Assistant Legislative Counsel Patti Brewer previously did some preliminary investigation on the issue, Assistant LC Brewer will assist with the investigation.  There has, however, been no substantive contact on this issue from the AG despite a renewed request from Assistant LC Brewer.

 

The final issue raised by Speaker Shrew involved the new Financial Management Regulations (FMR) adopted by the Department of Administration and Finance.   During the distribution of the public notice on FMR, the Legislature had raised some concerns regarding certain sections of the regulations.  Without any further consultation with the Legislature, the FMR became effective on July 4, 2000.  The Legislature’s primary concern involves the constitutionality of Sections 4 and 5 of the FMR.  Up to this point, the Legislature has not been consulted regarding its concern.

 

The Legislature anxiously awaits the Attorney General’s cooperation and assistance with the important issues identified in the Speaker’s letters.  In addition to preserving the valuable State assets presently at risk, it is important that the people of Kosrae are assured that their government is a government under the rule of law and that all laws are being faithfully obeyed and implemented.  Enacted laws govern not only individuals in Kosrae, but apply equally to government agencies.  We hope that the Attorney General sees fit to resolve these legal issues involving the government with the same vigor with which he prosecutes individual lawbreakers.

 

 

By JL

 

In an effort to improve the FSM education system, the Kosrae State Legislature participated in the first National Education Summit, held in Pohnpei from September 5^th-8^th, 2000.  Representing the Legislature were Chairman Tadasy A. Sigrah, Senator Lyndon Jackson and Senator Carson Sigrah from the Committee on Education and Cultural Affairs.  These members and representatives from the Executive Branch constituted the Kosrae State Delegation to this important and historic educational summit.  Other participants came from our sister states of Yap, Chuuk, and Pohnpei, as well as PREL, the University of Guam, and other entities in the FSM.

 

The summit sought to address certain issues needed to improve the nationwide educational system.  The theme was “Educational Improvement: The key to economic growth and social development.”  Key issues presented during this summit were the need to focus on the status of education in the FSM; accountability and quality of education in the FSM; education linkages to the economy; quality of educational staff; cooperation and collaboration; and financing education.

 

Through the session discussions, specific issues and topics were presented on the following: accelerating the improvement of data system and decision making; leadership and education policy; developing local capacity for training; accreditation; program design and implementation; research and development; teacher’s certification; distance learning; service providers; and the College of Micronesia’s role as a key player in higher education in the FSM.

 

Before closing, specific agreements were reached to develop overview strategies and recommendations to ensure meeting goals in order to improve the quality of education in the FSM.

 

 

By AN

 

Does the SEMO-Micronesia facility meet international standards for ship repair?  In a recent letter, dated September 13, 2000, to the FSM Secretary of External Affairs, Honorable Epel Ihlon, Speaker Hiteo Shrew requested the Secretary’s assistance in obtaining the cooperation of the United State military in answering this question.  Speaker Shrew asked for the U.S. military to conduct a survey of the SEMO facility to determine if it meets international standards for ship repair.

 

According to Speaker Shrew’s letter, “the U.S. military is in a unique position to study SEMO because they have no financial interest in the outcome of any study.”  Speaker Shrew further stated that qualified personnel from the U.S. military could assist in evaluating the SEMO facility’s capabilities.  Speaker Shrew recently discussed this issue with the United States Navy Admiral overseeing the Civic Action Team in Kosrae.  Admiral Fellon informed Speaker Shrew that the Navy has the necessary personnel and would be willing to help, but that any request for assistance would have to come through the FSM Department of External Affairs.

 

If the U.S. Navy is able to conduct a survey, it may identify the problems that have hindered SEMO’s ability to attract work at the shipyard.  If those problems can be corrected, SEMO can become a more competitive (and profitable) ship repair facility.