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Introduction to 2014 FSM Code (Annotated) and Public Law No. 18-96

FEDERATED STATES OF MICRONESIA

ANNOTATED CODE 2014

INTRODUCTION TO 2014 FSM CODE (ANNOTATED) AND PUBLIC LAW NO. 18-96

This comprehensive three-volume revision and update of the1997 edition of the Code of the Federated States of Micronesia (FSM Code) has been designated the Code of the Federated States of Micronesia (Annotated) by Section 3 of Public Law No. 18-96 (set forth as part of this Introduction), which authorized its completion.

This 2014 edition of the FSM Code updates the Code with the public laws of the Tenth through Seventeenth Congress' of the Federated States of Micronesia. This includes public laws beginning with the Tenth FSM Congressthrough the last Public Law of the Seventeenth Congress (PL No. 17-90). This 2014 edition, therefore, incorporates over fifteen years' worth of public laws enacted by the Congress of the Federated States of Micronesia since the 1997 FSM Code was completed.

This 2014 edition of the FSM Code includes additional case annotations and cross-references to the Code and FSM Constitution. These case annotations should assist legal practitioners and all users of the Code in locating pertinent judicial decisions which interpret or cite to Code sections or national constitutional provisions.

The producers of this Code would like to thank those who contributed to the completion of this project. These include all of the Members and legal staff of the Seventeenth and Eighteenth Congress' of the Federated States of Micronesia, the Honorable Dohsis S. Halbert, Speaker of the Eighteenth FSM Congress, and the Honorable Emmanuel "Manny" Mori, President of the Federated States of Micronesia.

We also acknowledge that such a large project could not have been completed without the able and invaluable assistance of the legal and Congress Library staff of the Office of the Legislative Counsel, FSM Congress. Legislative Counsel Lam Dang, Esq. and many of the FSM Congress attorneys on his staff assisted in the review and proofreading of this Code in its draft form.

While many hours of proofreading were put into completing this Code, it is inevitable that in a work of this size, errors will still be made. Errors should be reported to the Office of the Legislative Counsel so that future supplements or editions to this Code can be properly corrected and revised.

It is hoped that this 2014 edition of the Code of the Federated States of Micronesia (Annotated) will make the national laws of the Federated States of Micronesia more easily accessible to legal practitioners, both public and private, and others who have a need to reference FSM laws.For in a nation that governs and conducts itself under the rule of law, the laws must be made readily accessible to all.

The provisions of the law authorizing the 2014 FSM Code (Annotated),Public Law No. 18-96,follows in its' entirety on the next page.
EIGHTEENTH CONGRESS OF THE FEDERATED STATES OF MICRONESIA

FIFTH REGULAR SESSION, 2014CONGRESSIONAL BILL NO. 18-209, C.D.1

P.C. NO. 18-390 PUBLIC LAW NO. 18-96

________________________________________________________

AN ACT

To further amend chapter 2 of title 1 of the Code of the Federated States of Micronesia, as amended, by creating a new subchapter III of the Code of the Federated States of Micronesia (Annotated), and for other purposes.

BE IT ENACTED BY THE CONGRESS OF THE FEDERATED STATES OF MICRONESIA:

Section 1. Chapter 2 of title 1 of the Code of the Federated States of Micronesia, as amended, is hereby further amended by creating a new subchapter III entitled: "Code of the FSM (Annotated)".

Section 2. Chapter 2 of title 1 of the Code of the Federated States of Micronesia, as amended, is hereby further amended by adding a new section 251 to subchapter III, to read as follows:

"Section 251.Code of the Federated States of Micronesia (Annotated); Statement of Intent. This section is intended to effect a codification of the general and permanent National laws of the Federated States of Micronesia and is not intended to effect any substantive changes therein."

Section 3. Chapter 2 of title 1 of the Code of the Federated States of Micronesia, as amended, is hereby further amended by adding a new section 252 to subchapter III, to read as follows:

"Section 252.Designation of code. The attached manuscript is incorporated by reference herein and is hereby designated as the "Code of the Federated States of Micronesia (Annotated)". This code contains the general and permanent National laws of the Federated States of Micronesia and is prepared under the authority of the Congress of the Federated States of Micronesia."

Section 4. Chapter 2 of title 1 of the Code of the Federated States of Micronesia, as amended, is hereby further amended by adding a new section 253 to subchapter III, to read as follows:

"Section 253. Adoption as positive law.

(1) All enacted law of the Congress of the Federated States of Micronesia as adopted and enacted in subchapter II of chapter 2 of title 1 of this code and all enacted general and permanent National laws of the Congress of the Federated States of Micronesia through the end of the 17th Congress of the Federated States of Micronesia which are incorporated as part II of the attached manuscript are hereby readopted and reenacted as positive law of the Federated States of Micronesia in the form appearing in the manuscript.

(2) The tables of contents, sources, cross-references, editor's notes, and errata are not to be construed as an adoption of those citations and resources, and these are included in the code as additional tools for research and are for reference purposes only.

(3) All code sections that are designated as included for reference only are included in the code as additional tools for research and are not readopted and reenacted.

(4) All enacted law which are readopted and reenacted pursuant to subsection (1) of this section are hereby repealed in its prior form."

Section 5. Chapter 2 of title 1 of the Code of the Federated States of Micronesia, as amended, is hereby further amended by adding a new section 254 to subchapter III, to read as follows:

"Section 254.Other documents not adopted. The inclusion in parts I, III, and IV relating to the Constitution of the Federated States of Micronesia, the Government of the Trust Territory of the Pacific Islands, the state constitutions, the cross-reference table(s), and the index are not a part of the code and are not to be construed as an adoption of these documents and are included in the code for reference purposes only and to add additional resources and tools for research."

Section 6. Chapter 2 of title 1 of the Code of the Federated States of Micronesia, as amended, is hereby further amended by adding a new section 255 to subchapter III, to read as follows:

"Section 255.Laws unaffected. Nothing in this Act affects the validity of either appropriation laws, other temporary National laws not included in this code, or laws enacted after the Seventeenth Congress of the Federated States of Micronesia."

Section 7. Chapter 2 of title 1 of the Code of the Federated States of Micronesia, as amended, is hereby further amended by adding a new section 256 to subchapter III, to read as follows:

"Section 256.Rights and liabilities unaffected. The repeal in subsection (4) of section 253 of this subchapter does not affect the status of any civil or criminal actions, rights, or liabilities existing before the repeal takes effect."

Section 8. Chapter 2 of title 1 of the Code of the Federated States of Micronesia, as amended, is hereby further amended by adding a new section 257 to subchapter III, to read as follows:

"Section 257. Government authority unaffected. The republication in this code of Trust Territory laws and the retention of any references therein to the authority of the Government of the Trust Territory of the Pacific Islands are not intended to alter, diminish, or in any way change or affect the authority of the National Government or the respective State governments of the Federated States of Micronesia over the subject of legislation included therein, as that authority has been established by the Constitution of the Federated States of Micronesia, the State constitutions, and other applicable law."

Section 9. Chapter 2 title 1 of the Code of the Federated States of Micronesia, as amended, is hereby further amended by adding a new section 258 to subchapter III, to read as follows:

"Section 258.State law reaffirmed. The authority of the States of the Federated States of Micronesia with regard to those provisions of the Trust Territory Code within the jurisdiction of the States is unaffected and hereby reaffirmed."

Section 10. Chapter 2 of title 1 of the Code of the Federated States of Micronesia, as amended, is hereby further amended by adding a new section 259 to subchapter III, to read as follows:

"Section 259.Technical amendments to the laws. Technical amendments to the laws included in part II of this code, whether or not those laws are readopted and reenacted pursuant to section 253 of this subchapter, are hereby enacted regarding the following:

(1) organization, numbering, and references to titles, chapters, subchapters, parts, sections, subsections, and other subparts;

(2) changes in phraseology;

(3) changes in introductory materials; and

(4) correction of typographical, grammatical, or other errors."

Section 11. Chapter 2 of title 1 of the Code of the Federated States of Micronesia, as amended, is hereby further amended by adding a new section 260 to subchapter III, to read as follows:

"Section 260.Future amendments; citations.

(1) Future amendments to laws included in part II of this code, whether or not those laws are readopted and reenacted pursuant to section 253 of this subchapter, shall be made with reference to such laws as they appear in this code.

(2) The preferred citation of laws included in part II of this code is as follows: first, the title number in Arabic numerals; second, 'F.S.M.C.'; and third, section number. Example: The citation of section 201, 'Qualifications of Senators,' of title 9, 'National Elections,' would appear as '9 F.S.M.C. 201'."

Section 12. Chapter 2 of title 1 of the Code of the Federated States of Micronesia, as amended, is hereby further amended by adding a new section 261 to subchapter III, to read as follows:

"Section 261.Supplements as part of code.

(1) The laws contained in any current pocket parts or supplements to this code, printed and published under contract or otherwise as may be authorized by law, constitute prima facie a part of this code if the laws, as so contained, purport to represent reproductions of statutory amendments to this code, as stated in accompanying notes thereto.

(2) If pocket parts or supplements are published on a cumulative basis, then only the laws in the latest publication thereof constitute prima facie a part of this code.

(3) If any discrepancy arises between the text of a provision set out in the current supplement and that contained in the basic Act as separately printed and published by the President of the Federated States of Micronesia or his designee pursuant to the authority granted by law, the latter shall constitute the positive law and shall control."

Section 13. Chapter 2 of title 1 of the Code of the Federated States of Micronesia, as amended, is hereby further amended by adding a new section 262 to subchapter III, to read as follows:

"Section 262.Repealer. The Trust Territory Code to the extent it is not republished herein or reaffirmed as within the jurisdiction of the States by sections 257 and 258 of this subchapter are hereby repealed in its entirety."

Section 14. Chapter 2 of title 1 of the Code of the Federated States of Micronesia, as amended, is hereby further amended by adding a new section 263 to subchapter III, to read as follows:

"Section 263.Authorization for publication of 2 F.S.M.C.. The publishing of the official edition of the Code of the Federated States of Micronesia 2014 edition (Annotated) (F.S.M.C.), pursuant to contract with the Congress of the Federated States of Micronesia is hereby authorized."

Section 15. Chapter 2 of title 1 of the Code of the Federated States of Micronesia, as amended, is hereby further amended by adding a new section 264 to subchapter III, to read as follows:

"Section 264.Contents of F.S.M.C.. The Code of the Federated States of Micronesia (Annotated) shall contain the general and permanent National laws codified as positive law in the F.S.M.C. pursuant to sections 251 through 265 of this subchapter III of this chapter, supplemented and updated with any amendments or additions to the law requiring codification through the end of the Seventeenth Congress of the Federated States of Micronesia."

Section 16. Chapter 2 of title 1 of the Code of the Federated States of Micronesia, as amended, is hereby further amended by adding a new section 265 to subchapter III, to read as follows:

"Section 265.Laws unaffected by earlier publication. The supplementing and updating to the original 1982 F.S.M.C. in the First Supplement authorized by Public Law No. 4-33, any subsequent codifications, and in this codification with subsequently enacted general and permanent National laws, shall not effect any substantive change to the law as enacted and as it became effective."

Section 17. This act shall become law upon approval by the President of the Federated States of Micronesia or upon its becoming law without such approval.

LAW W/OUT SIGNATURE, 11/6/14