Pago Pago, AMERICAN SAMOA — Prior to the official closing of the 3rd Regulation Session last Friday, the Senate confirmed the governor’s nomination of Vaiausia E. Yandall to the Development Bank of American Samoa board of directors, while a Senate bill calling a special election for a “legislative referendum” will be taken up when the Fono returns in July for the start of the 4th Regular session.

DBAS NOMINEE

Vaiausia wasn’t able to attend the Senate Government Operations Committee confirmation hearing last week for all nine DBAS board members as he was under the weather.

When his name was presented for Senate vote last Friday, committee chairman Sen. Togiola T.A. Tulafono explained that he was informed that the nominee was hospitalized during the time of the DBAS board members’ confirmation hearing and has since been released from the hospital.

Now that he is out of the hospital, Togiola presented Vaiausia’s nomination for the Senate to vote on. He explained that Vaiausia’s nomination would lapse and therefore expire — in accordance with the law — if the Senate didn’t make a decision.

Togiola said he requested that Vaiausia appeared that Friday morning for a confirmation hearing to answer committee questions, but it didn’t occur due to time constraints. He then introduced a verbal motion for voting on the nominee.

Sen. Fai’ivae Iuli Godinet said the Senate should still follow the set rules  for confirmation hearings and vote, as it did with other nominees, who didn’t show up in the past and the vote was not carried out. He acknowledged that Vaiausia is among the traditional leaders of Fofo county (his county) — but the Senate should follow its set rules.

Senate President Pro Tempore, Magalei — who presided over the session, explained that Vaiausia did show up that morning and the nominee had been hospitalized for unknown reasons.

Magalei said he told Vaiausia to go home and he would discuss the issue with the committee chairman, and this has resulted in the motion for a vote presented to the Senate floor.  With this explanation, Fai’ivae withdrew his objection and seconded the motion for a confirmation vote, during which senators confirmed the nominee.

As previously reported by Samoa News other confirmed new board members are Rev. Tautua Fuiava, Fiapa’ipa’i Fruean, Eseta Sataua, Florida Tagomailelagi, Tauanu’u Semu Tauanu’u, Vaimaona Fa’afetai I’aliva, Sen. Malaepule Saite Moliga and Rep. Vailiuama Steven Leasiolagi.

Only the Senate votes on confirmations for DBAS board members.

LEGISLATIVE REFERENDUM

Last August during, the 2nd Regular Session, senators rejected 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.

At the time, 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 — in accordance with the Constitution.

However, a new bill pertaining to a referendum approved by the Legislature was again introduced in the Senate late last week and sponsored by Sens. Soliai Tuipine Fuimaono, Alo Paul Stevenson and Satele Aliita’i Lilio.

With the Fono currently in recess, the measure will not be taken up until July when lawmakers convene for the 4th and final session of the 37th Legislature.

Language of the new bill is identical to the previous one. It states that when a legislative referendum concerning the American Samoa Constitution is introduced by way of concurrent resolution in the Legislature, both chambers must have held at least one public hearing each, and it must pass both chambers 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.

The bill’s preamble states that, “having a special election for a legislative referendum is not addressed by the Revised Constitution of American Samoa and it is within the scope of the legislature to exert its authority to amend our laws.”