Report from House of Representatives

Pago Pago, AMERICAN SAMOA — In the House of Representatives,  a bill to increase the taxes on all soft drinks or nonalcoholic carbonated beverages was introduced in the House of Representatives this week. If passed by the Fono, the excise tax on sodas will be doubled.

The bill proposes to hike the tax on a 12-ounce can of soda from 15 to 30 cents.

Twenty cents of the tax would be deposited into the General Fund, while 10 cents would go to the LBJ Hospital, earmarked for diabetes awareness programs.

The bill cites the American Academy of Pediatrics reporting the harmful effects of sugary drinks on children and the need for broad policy changes to reduce soda consumption among children.

“Excess consumption of added sugars, especially from sugary drinks contributes to the huge prevalence of childhood and adolescent obesity, especially among children and adolescents who are socioeconomically vulnerable. It also increases the risk for dental decay, cardiovascular disease, hypertension, dyslipidemia, insulin resistance, type 2 diabetes, fatty liver disease and all-cause mortality,” states the bill.

And locally, “Every morning at every store in the territory, you see an influx of children, adolescents and adults purchasing soda, cookies, chips and etc., for breakfast. As our residents continue to purchase cheap sodas, cookies and chips, the higher the number of residents being diagnosed with diabetes… and the number of residents needing dialysis continues to rise. Our LBJ Dialysis Unit runs 24-hours a day, 7-days a week, 365-days a year.

“We must do a better job at encouraging healthy food choices for our youth. One option is to raise the cost of soda. If we make it more expensive for our children to buy soda, we will hopefully encourage other choices for drinks, healthier choices such as water.”

BILL TO ESTABLISH DEPT OF SEARCH AND RESCUE

An Administration bill to establish the Department of Search and Rescue, which would include Fire, Emergency Medical and Marine Patrol Services was introduced in the House of Representative this week.

The bills states that search, rescue, fire protection, marine patrol and emergency medical services (EMS) are specialized functions that are distinct from those typically associated with law enforcement.

It is imperative that government promotes the safety of our society by providing search, rescue, fire protection, marine patrol and EMS and establish the Department of Search and Rescue, according to the preamble.

“Due to the urgent need to have the department of search and rescue up and running immediately and without delay, this Act shall become effective after passage by the Fono and approval by the Governor.”

According to the bill, the Governor shall appoint a director who is responsible to oversee all operations of the department.

For the power of arrest, the director may appoint law enforcement officers who are the graduates of a police academy that are approved by the Commissioner of Public Safety or otherwise authorized by law.

Law enforcement officers authorized under this code section may make arrests: (1) with an arrest warrant; (2) without a warrant.

Due to the urgent need to have the department of search and rescue up and running immediately and without delay, this act becomes effective after passage by the Fono and approval by the Governor.

HOUSE BILL TO AMEND THE MARRIAGE LICENSE ACT

A House bill removes the minimum 30-day requirement after issuance of a marriage license to conduct a marriage ceremony by authorized and ordained representatives.

According to the bill, the current law requires individuals to wait at least 30 days and not more than 90 days after the issuance of their marriage license before they are married. There is a clause that allows for the waiver of the 30-day waiting period however this clause requires the parties to apply to the Court for the waiver. This presents various problems for the general public.

The bill states that individuals should not be required to wait 30 days prior to being married. Individuals should be allowed the flexibility, convenience and the freedom to marry as soon as their marriage license is approved.

The bill, which was sponsored by Rep. Samuel Ioka Ale Meleisea, is now transferred to the House Commerce committee for a hearing.

HOUSE APPROVES NEW BOARD MEMBERS FOR ASVB

The House approved two new board members for the American Samoa Visitors Bureau Board (ASVB) of Directors.

The two new board members approved with an unanimous vote of 14-0 are Tauese Va’a Sunia, deputy secretary of Samoans Affairs and Tuli Fruean, Hawaiian Airlines manager.

The remaining new board members yet to be confirmed by the House are Agnes Polu to represent the Chamber of Commerce; Petti T. Matila to represent the Department of Commerce and Poe Mageo to represent the Hotel Industry.

NEW LIBRARY BOARD DIRECTOR APPROVED

The House unanimously approved the nomination of Teleiai Christian Ausage as a member of the Feleti Barstow Public Library Board of Directors this week.

The vote was conducted this past Monday and Teleiai received 14 yes votes without any objections.

The Senate approved Teleiai last week , also with a unanimous vote of 12-0.

Teleiai appeared before the House Education committee for his confirmation hearing on Monday morning. During the hearing which lasted only ten minutes, the faipule congratulated members of the board for accepting the call from the Governor to serve the public library as board members.

Vice Speaker of the House, Fetu Fetui Jr said that there is a need for new computers and new books for students to use and if they came across any idea or new plan to raise the standard of the public library, it’s their duty is to utilize it.

In his letter to Speaker of the House, Savali Talavou Ale, Governor Lemanu P.S. Mauga pointed out that Teleiai has demonstrated his commitment to education and cultural knowledge and preservation through nearly three decades of teaching from elementary to college level students. 

He is also a well-known businessman in the private sector, according to the nomination letter.

“His background and experience make him an ideal member of the public library board. Respectfully, I urge you and your colleagues to review and confirm the nominating of Teleiai to the public library board,” said Leman

HOUSE CONFIRMS NEW PUBLIC DEFENDER

The House of Representative has confirmed by unanimous vote, private attorney, David Vargas as the Public Defender (PD) of American Samoa. Vargas is now fully confirmed after the Senate also voiced their approval earlier.

The vote was made after Vargas appeared before the House Legal Affairs committee last Friday for his confirmation hearing, under the leadership of committee chair, Faipule Manumaua Wayne Wilson.

In response to a question from the House Vice Speaker, Vargas said he accepted the governor’s call to take over the post because he wanted to help out until someone can be found to serve as the permanent PD for American Samoa.

Su’a Alexander Eli Jennings reminded Vargas that some of the inmates in TCF are held there for more than 4 years while their cases are pending in court. He wanted to know if there is a statute of limitations for these inmates not having their hearings for a long period of time.

Vargas explained that the reason why these inmates are held in custody awaiting their trials is because they were unable to post bonds set by the court. He explained that the problem for these inmates is the delay of court dates.

Currently, the court schedules trials for some of these inmates into 2027 to 2029 and if they are unable to post their bonds, they have to remain in custody until the date of trial.

Su’a said his only concern is the rights of these inmates. He stated he understands the problem of short staff at the PD’s office but he wants to make sure the rights of these inmates are protected under the law.

Vargas made it clear to the committee that all inmates have Constitutional rights and the PD’s job is to make sure the rights of these inmates are protected.

Their main focus right now is to eliminate the problem of inmates sitting there for over 4-5 years.

Faipule Alumamalu Filoiali’i Ale said he doesn’t question Vargas’ experience for the post. His only concern is his health. Vargas agreed with Alumamalu, saying he has a hearing problem but he is trying his best to do what ever he can to serve the people.

Vice Speaker of the House, Hon. Fetu Fetui Jr wanted to know how the Administration is willing to assist the PD’s office and is there a plan to hire more attorneys to assist Vargas with the job?

Vargas said he’s looking at hiring new attorneys from off-island but the problem is the salary.

Fetu said the issue about salary for off-island attorneys is not new and he hopes the Administration will do something to solve the problem.

In response to Faipule Avagafono Tuavao Vaimaga Maiava’s question regarding his plan for the PD’s office, Vargas said his goal is to handle all the old cases first before dealing with the new cases.

“My plan is to bring all the old cases on the table, and see what is the next step in order to resolve them,” said Vargas, adding that some of the old cases date back to 2016 and are still sitting at the PD’s office.

Vargas has been serving as Acting PD since his appointment in July by the Governor, following the resignation of former Public Defender Michael White.