DRAFT CSC, Title 1. General Provision
 
CHAPTER 8
Codification

Subchapters:
A     Truk District Code  ( 1401-1411)
B     Chuuk State Code  ( 1431-1435)
 

Subchapter A
Truk District Code

1401.  Contract.
1402.  Terms of the Contract.
1403.  Copies.
1404.  Sale.
1405.  Enactment.
1406.  Repeal.
1407.  Supplements as Part of Code.
1408 . Codification of District Laws, and Reorganization of Legislature Rules and Procedures and Legislature Charter.
1409.  Revolving fund for publication of laws and resolutions.
1410.  Allotment.
1411.  Annual reports.

      1401.  Contract.
     The Speaker of the Truk District Legislature is authorized and directed to enter into a contract for the purpose of retaining a professional legal firm to compile, codify, index, revise, and print the laws of Truk District now in force and as may be enacted by the Truk District Legislature during the Twentieth Regular Session and in future sessions.  The Speaker is also authorized to take any additional steps which become necessary in fulfilling the purposes of this Act.

Source:  TSL 20-4, 2.

Editor's note:  TSL 20-4 which is included in this Subchapter included sections 1 and 6 on appropriation and effective date as follows:

     Section 1.  Appropriation.
     There is hereby appropriated the sum of $7,000.00 out of the general revenues of the Truk District Legislature, not otherwise appropriated, for the purpose of codifying and publishing the laws of Truk District.
. . .
     Section 6.  Effective Date.  This Act shall become effective upon approval by the District Administrator, or upon its becoming law without such approval.

      1402.  Terms of the Contract.
     The contract shall provide sufficient latitude to allow the professional firm to investigate the existing law and reorganize it by subject matter in the most attractive and manageable form possible.  The finished code shall be in Trukese and English and shall include a complete index.  The professional firm shall agree to codify and publish existing law, not change the law or suggest new legislation.

Source:  TSL 20-4, 3.

      1403.  Copies.
     The contract shall provide sufficient copies, as the Speaker deems appropriate, for general distribution throughout Truk District.  The finished version of the Code shall be reviewed by the Legislative Counsel of the Truk District Legislature prior to publication.

Source:  TSL 20-4, 4.

      1404.  Sale.
     Any proceeds of the sale of the Code shall be deposited in the Treasury of the Truk District Legislature and shall be made available for appropriation by the Truk District Legislature.

Source:  TSL 20-4, 5.

      1405. Enactment.
     The manuscript known as the Truk District Code, and incorporated herein by this reference, is hereby enacted as law effective August 1, 1971, and designated as "The Truk District Code".
 
Source:  TSL 21-15, 2.

Editor's note:  TSL 21-15 which is included in this Subchapter included sections 1 and 4 on statement of intent and effective date as follows:

     Section 1.  Statement of Intent.
     This enactment of the Truk District Code is intended to effect a codification of the general and permanent laws of Truk District and is not intended to effect any substantive changes therein.
. . .
     Section 5.  This act shall take effect on October 1, 1977, upon approval of the District Administrator, or upon its becoming law without such approval.

      1406.  Repeal.
     The enactment of this Code in no way repeals prior uncodified enactments or enactments which are codified.  Where this Code fails to incorporate active prior law, prior law shall continue to have the force of primary law.  Any inconsistencies between this Code and provisions of Public Law shall be resolved in favor of Public Law.  This Code shall be considered prima facie evidence of current law unless inconsistency with prior law, or exclusion of prior law, can be demonstrated, in which case prior law shall be considered current law.

Source:  TSL 21-15, 3.

      1407.  Supplements as Part of Code.
     The law contained in any current pocket parts or supplements to this Code, printed and published under contract or otherwise as may be authorized by law, constitutes prima facie, a part of this Code if the laws, as so contained, propose to represent reproductions of statutory amendments or additions to this Code.

Source:  TSL 21-15, 4.

      1408.  Codification of District Laws, and Reorganization of Legislature Rules and Procedures and Legislature Charter.
     The Speaker of the Truk District Legislature is authorized to take such action as may be practicable to codify and publish in code form existing district law, including the assignment of Truk District Code title, chapter, and section numbers to new law; the reorganization of Code titles, chapters and sections; and the deletion and removal of provisions which have been repealed, amended, superseded, or which have become inoperative as a matter of law.  He is further authorized to take such similar actions as are necessary to make the Rules and Procedures of the Truk District Legislature as published in the Code and the Truk District Legislature Charter as published in the Code conform to the amendments that have been made to them and appear in proper order and sequence in the Code.

Source:  TSL 23-19, 1.

      1409.  Revolving fund for publication of laws and resolutions.
     The sum of $5,000, so much thereof as may be necessary, is appropriated from the General Fund of the Truk District Legislature for the purpose of funding a revolving fund for publication of laws and resolutions of the Truk District Legislature.

Source:  TSL 27-7, 1.

      1410.  Allotment.
     The sum appropriated by Section 1409 of this Subchapter allotted to the District Director of the Department of Public Affairs who shall be responsible to the District Administrator for ensuring that these funds are used only for the purpose specified in Section 1409 of this Subchapter and that no obligations are incurred in excess of the sum appropriated.

Source:  TSL 27-7, 2.

      1411.  Annual reports.
     The District Director of Department of Public Affairs shall submit an annual report to the Truk District Legislature not later than May 15 of each fiscal year; which shall:

     (1)  provide for the full disclosure of the obligations incurred against the sum appropriated by Section 1409 of this Subchapter and indicate the status of these funds as of April 30, and

     (2)  indicate the planned use of the funds not obligated as of April 30, during the final quarter of the fiscal year.

Source:  TSL 27-7, 3.
 

Subchapter B
Chuuk State Code

1431.  Statement of Purpose.
1432.  Codification Commission Established; Membership.
1433 .  Commission's Duties.
1434.   Travel Expenses.
1435.  Report.

      1431.  Statement of Purpose.
     The governance of Chuuk is based upon the rule of law.  The ability of Chuuk State to enforce its laws is directly related to the citizen's knowledge of and respect for such laws.  Without accessible, understandable statutes, Chuuk citizens cannot be expected to abide by the law's prohibitions or to understand their rights and responsibilities.  Further, the government cannot be expected to enforce its statutes.  By compiling and codifying its statutes Chuuk State shall enhance the strength of its democratic form of government.

Source:  CSL 3-96-2, 1.

      1432.  Codification Commission Established; Membership.

     (1)  There is established a Chuuk State Laws Codification Commission.

     (2)  The Commission shall consist of the following members:

     (a)  The Chuuk State Legislature, Legislative Council who shall act as chairperson of the commission;

     (b)  The Attorney General of Chuuk State;

     (c)  The Directing Attorney of the Micronesian Legal Services Corporation;

     (d)  The Court Attorney of the Chuuk State Supreme Court.

     (3)  The Commission may appoint any person who is knowledgeable about the law and problems and issues related to its compilation and codification to assist the Commission.   Such person shall be a nonvoting member.

Source:  CSL 3-96-2, 2.

      1433.  Commission's Duties.
     The Commission shall:

     (1)  Prepare bid specifications, solicit bids, and select a contractor or contractors for the compilation, codification, and printing of the Chuuk State Laws;

     (2)  Draft and recommend legislation appropriating funds for the compilation, codification, and printing of Chuuk's laws;

     (3)  Advise the contractor on issues relative to, but not limited to, Code format, publication standards, and legal issues;

     (4)  Review and approve contractor's proposed Chuuk State Code;

     (5)  Prepare and recommend legislation adopting the Chuuk State Code; and

     (6)  Perform any other tasks necessary to the codification of the laws.

Source:  CSL 3-96-2, 3.

      1434.  Travel Expenses.
     Members shall serve the Commission on a voluntary basis except for travel expenses and per diem.

Source:  CSL 3-96-2, 4.

      1435.  Report.
     The Commission shall submit a report to the Legislature, the Governor, and the Chuuk State Supreme Court within 30 days after the proposed compilation of Chuuk State law has been submitted to the Legislature.

Source:  CSL 3-96-2, 5.