Pago Pago, AMERICAN SAMOA — Because it does not comply with the Revised Constitution of American Samoa, the Senate rejected last week Thursday a Senate bill, seeking to amend local law to allow for a special election — during a non-election year — for a legislative referendum concerning proposed amendments to the American Samoa Constitution.

When the proposed law was presented for second-reading, Senate Government Operations Committee chairman, Sen. Togiola T.A. Tulafono explained that the correct way to amend any changes to the constitution by the Legislature is through a joint resolution approved by the Fono — according to testimony by the Attorney General during a committee hearing earlier in the week — in accordance with the Constitution.

Therefore, he moved to reject the bill — as recommended by the committee — and allow the bill’s main sponsor, Sen. Soliai Tuipine Fuimaono to present a new measure, through the proper protocol as outlined in the local constitution — meaning through a joint resolution.

During the committee hearing, Attorney General Fainu’ulelei Falefatu Alailima-Utu pointed to a section of the Revised Constitution of American Samoa that provides two ways amendments can be proposed for changes to the constitution. One is through a Constitutional Convention and the other through the Legislative process, with an approved joint resolution, which is then presented to the governor for a referendum to be presented to voters in the next general election.

If this bill becomes law, Togiola asked if the law can overrule the Constitution, to which Alailima-Utu responded “no” saying that the Constitution sets guidelines for the laws and the administrative code — ASG regulations. Alailima-Utu said the “Constitution is the highest law” of the land.

Chief Election Officer, Dr. Lealofi Uiagalelei, who also was summoned to the hearing, said he doesn’t see any problems with the current process — that is that any amendments to the Constitution are presented to voters in the next general election. Additionally, too much money will be spent on holding a special election on a legislative referendum in non-election years.

The Senate bill states that when a legislative referendum concerning the American Samoa Constitution is introduced by way of concurrent resolution in the Legislature, both Houses must have held at least one public hearing each, and it must pass both Houses with a two-thirds vote, it would then be presented to the Governor to be put on the ballot for election.

“The Governor shall call a special election during a non-election year to determine the measure,” according to the bill, which is effective immediately upon passage by the Legislature and approval of the governor.

As to the cost of a special election, ASG acting Treasurer, Levi Reese told the committee that there needs to be discussion with the Election Office on cost, as this is the agency overseeing it.

Some senators who spoke during the hearing said they don’t see the need to make any changes to what’s already outlined in the Constitution and the law.

The bill’s preamble said that in an effort to help call more attention to any legislative referendum put on the ballot, this bill will allow the Governor, by request of the Legislature, to call a special election during a non-election year.

OTHER SENATE ACTION

The Senate last Thursday unanimously approved the governor’s nomination of Ruth Matagi-Fa’atili to the ASG Student Financial Aid Board — referred to by many as the Scholarship Board — and the appointment of Patricia Tautai to the Territorial Planning Commission. The votes followed separate committee hearings earlier in the day.

The Senate has already confirmed three nominees to the Financial Aid board — Donna Gurr, Dr. Robin Faumuina-Vasai, and Lisa Gebauer — leaving only  Rev. Mataio Failauga, who is reportedly off island to be confirmed for the five-member board.

For the Territorial Planning Commission, the governor’s appointee, Ale Tifimalae Ale, wasn’t able to attend the Senate confirmation hearing due to unforeseen circumstances.

The confirmation process is pending in the House for the Scholarship Board and Territorial Planning Commission.