Senate bill creating the Law Review Commission going into final reading

Pago Pago, AMERICAN SAMOA — Several senators voiced their support for a Senate bill, to create the American Samoa Law Review Commission, saying that this is long overdue, as there may be current laws that are outdated or duplicated with other statutes.

The legislation sponsored by Senate President Tuaolo Manaia Fruean was the subject of a Senate Government Operations Committee hearing yesterday morning, where the only witness called was Senate legal counsel Mitzie Jessop-Ta’ase, who served as attorney general for the last few months of the Lolo Administration.

Jessop-Ta’ase shared a brief explanation on the purpose of the bill, which is creating a commission to review current laws and make recommendations of changes to the Fono and the governor in a report.

The bill’s preamble explains it further, saying that since the inception of the local government, “we have not had a body who’s job it is to strive to improve the fairness and efficiency of the laws of American Samoa and to reflect, enhance, promote and safeguard the Samoan customs and traditions while balancing them with the economic and commercial developments needed to meet the needs of American Samoa.”

Some of the senators who spoke in support of the legislation, agreed with this statement in the preamble, especially promoting and safeguarding Samoan culture in the future.

Sen. Fonoti Tafa’ifa Aufata was one of at least two senators who questioned the bill, arguing that the commission will take away the authority of the Fono — and that is to create local laws.

Jessop-Ta’ase pointed out that the commission, would not create laws, which is the authority vested with the Fono, but instead would provide recommendations to the Fono and the governor about laws on the books, or to be passed, or amended, etc. — as stated in the bill.

Committee chairman, Sen. Magalei Logovi’i also gave a similar explanation as to the purpose of the commission and its recommendation report. He said the commission does not make decisions on any law, but reviews current laws. Magalei went as far as reading part of the bill that provides what the commission shall provide in their reports.

According to provisions of the bill, the commission shall submit their reports and recommendations as to revisions to the laws to the Fono leaders and governor. The commission may also provide a copy of recommendations to a respective legislative committee over the subject matter of the report.

The commission may include in their reports the legislative measures proposed by them to effect the adoption or enactment of the proposed revisions. The reports may be accompanied by exhibits of various changes, modifications, improvements, and suggested enactments prepared or proposed by the commission.

During yesterday’s session, the Senate passed the bill in second reading and it is expected to go through third and final reading today.

ANOTHER ISSUE

Towards the end of the nearly 40-minute hearing, Sen. Soliai Tuipine Fuimaono — a strong supporter of the bill — said senators are in need of the law books as there are none available since the start of the current session. He also said there is a need to have the law book translated into the Samoan language.