ASG SEEKS TO REPEAL ECON DEVELOPMENT FUND STATUTE

The Lolo and Lemanu Administration is seeking to repeal the Economic Development Fund statute, ASCA 28.108 known as the Economic Development Fund, and amend title 11 ASCA known as the Income Tax Revenue Account which says that the funds thereafter collected by the Treasurer are to be deposited into the Economic Development Fund, to be remitted to the Development Bank of American Samoa.

The Economic Development Fund’s purpose was stated as “providing a source of capital to assist the bank in meeting its purpose of promoting private enterprise, developing the economy, and benefiting the public” and therefore the Economic Development Fund (the “Fund”) was created in the amount of $10,000,000.

The Administration seeks to repeal the above mentioned section and wishes to amend the income tax revenue account and instead deposit in such account 25% of all corporate income taxes, as and when collected, unless at the time of collection the reserve account has a net balance of not less than $1,000,000.

The amendment notes that “the reserve account shall constitute a trust fund out of which refunds and other adjustments shall be made in favor of any corporation subject to the Samoan Income Tax Act.”

According to the proposed bill, ever since the establishment of the Economic Development Fund, it has never been executed. Further, it says that the mandate of this section is no longer necessary as the American Samoa Government has consistently provided other sources of financing to encourage economic development in the territory through the Development Bank.

The bill says that the restrictive mandates of the Economic Development Fund statute limits the ability of ASG to secure financing for other critical needs of the territory. The bill notes that the territory would benefit from removing this provision from its laws.

SENATE AGAIN MOVES TO ELIMINATE AGE LIMITATION FOR ASSOCIATE JUDGES

The Senate has again moved to eliminate the age limitation in current law for temporary associate judges of the High Court. Last year, the Senate passed an identical bill, supported by the Attorney General, but was automatically defeated in the House when the last Fono session closed in October without any action by the House Judicial Committee, which had tabled the measure.

Current law states that temporary associate judges shall be removed from the panel upon attaining the age of 70. The Senate bill would remove this entire provision.

Samoa News should point out that in his letter of recommendation last December to the governor for the appointment of Tunupopo T. Alaalafaga as a new associate judge, Chief Justice Michael Kruse said he is also compelled to take into account the applicant’s age because “there is still a dubious law on the books which seems to proscribe a mandatory retirement age of 65 years — which the governor may extend to 70 — for associate judges.” Kruse wrote.

He added, “I am hopeful that the Fono will remove this doubtful [age] limitation given federal response to the arbitrariness of mandatory separation based on age.”

CONVICTED FELONY AND MATAI TITLE BILL PASSED SENATE

In a vote of 12-1, the Senate last Friday approved in third and final reading a Senate bill banning convicted a felon, who has not been pardoned, from succeeding to a matai title or filing an objection to succeeding a title.

The measure, introduced early this week in the House, was the subject of a Senate Judicial Committee hearing last week, where Samoan Affairs Office deputy secretary Tuiagamoa Tavai and the three District Governors were called to testify.

At the outset of the hearing, committee chairman, Sen. Soliai Tuipine Fuimaono said the bill protects chiefly titles from being given to someone convicted of a felony, as no such law currently exists.

Tuiagamoa told the committee that he supports the measure because it protects Samoan treasures, such as chiefly titles and this important piece of legislation was supported by the District Governors.

Western District Governor Lualemaga Faoa recommends that once the measure is approved by the Fono and signed into law by the governor, the enforcement should start at that time, and not affect past chiefly titles already bestowed.

Manu’a District Governor Misaalefua Hudson said anyone bestowed a chiefly title shouldn’t be a convicted felon, because a person who is given a matai tile, is the individual who sets a good example for the rest of the family, and is trusted by not only the family but the community.