DRAFT CSC, Title 3. The Legislature
 
CHAPTER 21
Legislative Organization

1101.  Purpose.
1102.  Bicameral Legislature.
1103.  Staff; Serving both Houses.
1104.  Staff; House of Representatives.
1105.  Staff; House of Senate.
1106.  Application of the Public Service System Act.
1107.  Administration of the Legislature.
1108.  Effect of this Chapter.

      1101.  Purpose.
     The purpose of this Act Chapter is to establish the Chuuk State Legislature Administration Act of 1991, to provide for the internal organization and administration of the Chuuk State Legislature and its staff.

Source:  CSL 191-10, 1.

Editor's note:  CSL 191-10 was signed into law by the Governor on March 25, 1991.

Cross-reference:  The constitutional provisions on the Legislature are found in Art. V of the Chuuk State Constitution.  Section 1 of Art. V states as follows:

     Section 1.  The legislative power of the State Government is vested in the Legislature, which consists of the Senate and the House of Representatives.  This power extends to all rightful subjects of legislation not inconsistent with this Constitution or the Constitution of the Federated States of Micronesia.

      1102.  Bicameral Legislature.
     In accordance with the provisions of the Chuuk State Constitution, the Chuuk State Legislature is bicameral.  It consists of the Senate and the House of Representatives.

Source:  CSL 191-10, 2.

Cross-reference:  The constitutional provisions on the Legislature are found in Art. V of the Chuuk State Constitution.  Section 1 of Art. V states as follows:

     Section 1.  The legislative power of the State Government is vested in the Legislature, which consists of the Senate and the House of Representatives.  This power extends to all rightful subjects of legislation not inconsistent with this Constitution or the Constitution of the Federated States of Micronesia.

      1103.  Staff; Serving both Houses.
     The following offices shall serve both houses of the Legislature.

     (1)  Office of the Legislative Counsel.  

     (a)  There shall be in the Chuuk State Legislature an Office of the Legislative Counsel which shall be under the direct supervision and control of the Legislative Counsel.  The Legislature, by joint resolution, shall approve a Legislative Counsel to serve the Legislature during and between sessions, who shall be nominated by the presiding officers.  Nomination of the Legislative Counsel shall be made without reference to political affiliations and solely on the ground of fitness to perform the duties of the office as follows:

     (i)  to act as counsel for, and legal advisor of the Legislature, to draft bills, resolutions, amendments thereto, and render legal services to the committee or any member of the Legislature when requested;

     (ii)  to undertake such legal research as shall be requested by the Legislature, its committees or members;

     (iii)  to advise the Legislature from time to time as to needed revisions of the laws of Chuuk State and of the rules of procedure;

     (iv)  to report to the Legislature as necessary, those laws which have become obsolete, inoperative, or which are in conflict with other laws, resolutions or decisions of the courts and make recommendations in regard thereto;

     (v)  to serve as parliamentarian;

     (vi)  to provide research and reference services on legislative and administrative problems;

     (vii)  to secure reports of various offices, departments, and administrative departments which affect Chuuk, the Federated States of Micronesia, and of the states and other territories of the United States of America; and such other materials, periodicals, or books, and will to furnish the fullest information practicable upon matters pertaining to current or proposed legislation and to legislative and administrative problems; and

     (viii)  to perform such other related duties as the President or Speaker may direct, provided that the Legislative Counsel or any staff attorney shall not engage in private practice and shall not practice law in matters not related to the Legislature.

     (b)  Deputy Legislative Counsel.  The Legislative Counsel shall designate a Deputy Legislative Counsel with the concurrence of the President and the Speaker.  He may assume the functions of the Legislative Counsel in his absence.

     (c)  Staff Attorneys.  There shall be four full-time staff attorneys, the Deputy Legislative Counsel inclusive, in the Legislative Counsel's Office who shall be under the direct supervision of the Legislative Counsel.  They may be hired and removed by the Legislative Counsel with the concurrence of both the President and the Speaker.  If the Legislature needs the services of temporary staff attorneys during or between sessions, such services may be limited to the temporary nature of the legislative need, as specified in the contractual services.  Any person employed as an attorney of the Legislature shall be a graduate of an accredited law school in the jurisdiction where the school is located, and be admitted to practice law in any jurisdiction, or is be a member of the bar of the Supreme Court of the Federated States of Micronesia.

     (d)  Legal Aides.  There shall be not more than four full-time legal aides who may be hired and removed by the Legislative Counsel with the concurrence of the President and the Speaker, to perform all duties and responsibilities as the Legislative Counsel may direct and assign.  If a vacancy occurs, there shall be no hiring until there are two remaining legal aides.  During sessions, however, temporary legal aides, if needed may be hired.

     (e)  Secretaries.  There shall be four permanent legal secretaries in the Legislative Counsel Office, who may be hired and removed by the Legislative Counsel with the concurrence of the President and the Speaker.

     (f)  Librarian.  A position for a Legislative Librarian is hereby created.  Subject to the discretion and supervision of the Legislative Counsel, the Librarian shall have charge of and shall manage the Legislative Library.  The Librarian shall have authority to manage such library in a manner consistent with applicable standards of library operations, including the power to make acquisition of books, periodicals, newspapers, and other publications for which funds have been appropriated.

     (2)  Administration Office.  There shall be an Administration Office which shall be under the supervision and control of the Administrative Officer.  The position of Assistant Administrative Officer is created to assist the Administrative Officer in the performance of the duties and responsibilities related to the administration of the Legislature.  He may assume the functions of the Administrative Officer in his absence.  The Administrative Officer shall be responsible for the hiring and removal of all employees of the Administration Office, including the security guards and custodians, with the concurrence of the President and the Speaker.

     (3)  Budget Office.  There shall be a Budget Office which shall be under the supervision and control of the Budget Officer.  The Budget Officer shall be responsible for all budgetary and financial matters pertaining to the administration of the Legislature.  There shall be an Assistant Budget Officer to perform such duties as assigned by the Budget Officer and to assume the functions of the Budget Officer in his absence.  All personnel of the Budget Office may be hired and removed by the Budget Officer with the concurrence of the President and the Speaker.  Other personnel may be added to this office, who are specialists in any profession which the Legislature may deem necessary from time to time.

Source:  CSL 191-10 3, modified.

      1104.  Staff; House of Representatives.
     The following offices shall serve the House of Representatives under the direct supervision of the Speaker.

     (1)  Office of the Chief Clerk.  There shall be a Chief Clerk who shall be responsible for the processing and distribution of bills and resolutions and other duties as the Speaker may indicate.  He shall be responsible for the hiring and removal of all employees of the House including House secretaries, pages, driver, and those enumerated in subsections (2), (3) and (4) of this Section with the concurrence of the Speaker, except the Sergeant-at-Arms who shall be selected by the members of the House and shall be supervised by the Chief Clerk.

     (2)  Assistant Chief Clerk.  There is hereby created a position of Assistant Chief Clerk who shall perform such duties and responsibilities assigned by the Chief Clerk or the Speaker.  He may assume the functions of the Chief Clerk in his absence.

     (3)  Journal Clerk.  There shall be a Journal Clerk who shall be responsible for the recording of all proceedings of the House of Representatives, and for the performance of such other duties as the Chief Clerk or the Speaker may direct.

     (4)  Public Information Officer.  There shall be a Public Information Officer who shall be responsible for the dissemination to the public of House information and related matters.  He may also perform such other duties as the Chief Clerk or the Speaker may direct.

Source:  CSL 191-10 4, modified.

      1105.  Staff; Senate.
     The following offices shall serve the Senate under the direct supervision of the President.

     (1)  Office of the Chief Clerk.  There shall be a Chief Clerk who shall be responsible for the processing and distribution of bills and resolutions and other duties as the President may direct.  He shall be responsible for the hiring and removal of all employees of the Senate, including Senate secretaries, driver, and those enumerated in Subsections (2), (3) and (4) of this Section, with the concurrence of the President, except the Sergeant-at-Arms who shall be selected by members of the Senate and supervised by the Chief Clerk.

     (2)  Assistant Chief Clerk.  There is hereby created a position of Assistant Chief Clerk who shall perform such duties and responsibilities assigned by the Chief Clerk or the President.  He may assume the functions of the Chief Clerk in his absence.

     (3)  Journal Clerk.  There shall be a Journal Clerk who shall be responsible for the recording of all proceedings of the Senate, and for the performance of such other duties as the Chief Clerk or the President may direct.

     (4)  Public Information Officer.  There shall be a Public Information Officer who shall be responsible for the dissemination to the public of Senate information and related matters.  He may also perform such other duties as the Chief Clerk or the President may direct.

Source:  CSL 191-10 5.

      1106.  Application of the Public Service System Act.
     The hiring, removal, and regulation of regular employees of the Chuuk State Legislature shall be governed by the State Public Service System Act unless exempted from the application of said law.

Source:  CSL 191-10 6.

      1107.  Administration of the Legislature.
     The internal administration of the Legislature, its facilities and property, shall be under the supervision of both the President and the Speaker.  The President and the Speaker shall have the authority to promulgate regulations and policies pertaining to the internal administration of the Legislature.  The internal administration of the House shall be supervised by the Speaker and the internal administration of the Senate shall be supervised by the President.

Source:  CSL 191-10, 7.

      1108.  Effect of thisAct Chapter.
     Nothing herein shall be construed to limit such legislative functions and powers as provided in the Constitution and in the respective rules of the two Houses of the Legislature.

Source:  CSL 191-10, 8.

Cross-reference:  The constitutional provisions on the Legislature are found in Art. V of the Chuuk State Constitution.