FSMC, TITLE 1.  GENERAL PROVISIONS
 

CHAPTER 2
Interpretation of Law and Code

___________________________________________________________________________________________

SUBCHAPTER II
Code of the Federated States of Micronesia

SECTIONS

220. Code of the Federated States of Micronesia: Statement of Intent.
221. Designation of code.
222. Adoption as positive law.
223. Other documents not adopted.
224. Laws unaffected.
225. Rights and liabilities unaffected.
226. Government authority unaffected.
227. State law reaffirmed.
228. Technical amendment of prior law.
229. Future amendments: citations.
230. Supplements as part of code.
231. Repealer.
232. Authorization for publication of 1997 edition of F.S.M.C.
233. Contents of 1997 edition of F.S.M.C.
234. Laws unaffected by 1997 publication.

220. Code of the Federated States of Micronesia; 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.

Source: PL 10-25 2.

Cross-reference: The statutory provisions on the President and the Executive are found in title 2 of this code. The statutory provisions on the Congress of the Federated States of Micronesia are found in title 3 of this code. The statutory provisions on the FSM Supreme Court and the Judiciary are found in title 4 of this code.

The website of the FSM National Government contains announcements, press releases, news, forms, and other information on the National Government at http://fsmgov.org.

The FSM Supreme Court website contains court decisions, rules, calendars, and other information of the court, the constitution and code of the Federated States of Micronesia, and other legal resource information at http://www.fsmsupremecourt.org/.

The official website of the Congress of the Federated States of Micronesia contains the public laws enacted by the Congress, sessions, committee hearings, and other Congressional information at http://www.fsmcongress.fm/.

Editor's note: PL 10-25 codifies most of the provisions of PL 2-48 which was the public law which originally effectuated a codification of the laws of the Nation (effective date, May 24, 1982). A copy of PL 2-48 can be found in the Introduction to Original 1982 Code. This was done because the provisions of PL 2-48 were permanent in nature and should be part of the code. PL 9-62 was enacted to do this, but the problem with PL 9-62 was that it placed all of the provisions of PL 2-48 within a single section of the code, with each section of PL 2-48 being numbered a subsection of the section. This would have made for a very lengthy and awkward section, and would have been inconsistent with the current formatting of the code. Section 1 of PL 10-25, therefore, repealed what had been codified in section 1 of PL 9-62 as subchapter II of chapter 2 of this title in its entirety. PL 10-25, then set out each of the sections of PL 2-48 as a separately numbered section of subchapter II of chapter 2 of this title.

Case annotations: PL 2-48, promulgating the codification of the FSM statutes and speaking only of "All enacted law of the Interim Congress of Micronesia . . . and all enacted law of the Congress of the Federated States of Micronesia" as "readopted and reenacted as positive law of the Federated States of Micronesia," may not be interpreted as an attempt to repeal or purge the Trust Territory law from the law of the Federated States of Micronesia. Joker v. FSM, 2 FSM R. 38, 43 (App. 1985).

In approving the current codification of laws, the Congress "readopted and reenacted as positive law" those portions of the Code relating to laws enacted by the FSM Congress or the Interim Congress of the Federated States of Micronesia. For such laws then the Code itself indisputably is the official version. In the event of conflict between the Code and the language of the statute as reported in other sources, including congressional journals, the Code would be deemed accurate and would prevail. FSM v. George, 2 FSM R. 88, 91 (Kos. 1985).

In declining to "reenact" in PL 2-48, provisions originating with High Commissioners or Congress of Micronesia, Congress seems to have been motivated by transitional considerations rather than a desire to withhold official status from those laws. FSM v. George, 2 FSM R. 88, 92 (Kos. 1985).

The FSM Code was adopted by Congress to facilitate "law making and legal research," since Congress recognized that a "single body of laws" was "needed to organize all applicable statutes into one source". FSM v. George, 2 FSM R. 88, 92 (Kos. 1985).

The Code of the Federated States of Micronesia is intended by Congress to be regarded as the official and controlling version of the language of any legislation reported in the Code. FSM v. George, 2 FSM R. 88, 92 (Kos. 1985).

The Code will determine the content of statutory language to be enforced, although other sources such as congressional journals and even the original version of the statute might be consulted to indicate legislative intent when the language in the Code is ambiguous. FSM v. George, 2 FSM R. 88, 92 (Kos. 1985).

221. Designation of code.

The attached manuscript is incorporated by reference herein and is hereby designated as the "Code of the Federated States of Micronesia". This code contains the National laws of the Federated States of Micronesia and is prepared under the authority of the Congress of the Federated States of Micronesia, by contract between the National Government of the Federated States of Micronesia and the Book Publishing Company of Seattle, Washington.

Source: PL 10-25 3.

222. Adoption as positive law.

(1) All enacted law of the Interim Congress of the Federated States of Micronesia, except for Public Law No. IC-28, and all enacted law of the Congress of the Federated States of Micronesia which are incorporated in 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) All enacted law which is readopted and reenacted pursuant to subsection (1) of this section is hereby repealed in its prior form.

Source: PL 10-25 4.

Cross-reference: The statutory provisions on the Congress of the Federated States of Micronesia are found in title 3 of this code.

The FSM Supreme Court website contains the Code of the Federated States of Micronesia and other court information at http://www.fsmsupremecourt.org/.

The official website of the Congress of the Federated States of Micronesia contain the public laws enacted by the FSM Congress and other congressional information at http://www.fsmcongress.fm/.

Case annotations: PL 2-48, promulgating the codification of the FSM statutes and speaking only of "All enacted law of the Interim Congress of Micronesia . . . and all enacted law of the Congress of the Federated States of Micronesia" as "readopted and reenacted as positive law of the Federated States of Micronesia," may not be interpreted as an attempt to repeal or purge the Trust Territory law from the law of the Federated States of Micronesia. Joker v. FSM, 2 FSM R. 38, 43 (App. 1985).

In approving the current codification of laws, the Congress "readopted and reenacted as positive law" those portions of the Code relating to laws enacted by the FSM Congress or the Interim Congress of the Federated States of Micronesia. For such laws then the Code itself indisputably is the official version. In the event of conflict between the Code and the language of the statute as reported in other sources, including congressional journals, the Code would be deemed accurate and would prevail. FSM v. George, 2 FSM R. 88, 91 (Kos. 1985).

In declining to "reenact" in PL 2-48, provisions originating with High Commissioners or Congress of Micronesia, Congress seems to have been motivated by transitional considerations rather than a desire to withhold official status from those laws. FSM v. George, 2 FSM R. 88, 92 (Kos. 1985).

223. Other documents not adopted.

The inclusion in part III of the attached manuscript of the documents relating to the Government of the Trust Territory of the Pacific Islands is not to be construed as an adoption of those documents or as recognition of their efficacy in the Federated States of Micronesia.

Source: PL 10-25 5.

Cross-reference: Certain Governmental Authority documents are found in Part IV of this code.

Case annotations: PL 2-48, promulgating the codification of the FSM statutes and speaking only of "All enacted law of the Interim Congress of Micronesia . . . and all enacted law of the Congress of the Federated States of Micronesia" as "readopted and reenacted as positive law of the Federated States of Micronesia," may not be interpreted as an attempt to repeal or purge the Trust Territory law from the law of the Federated States of Micronesia. Joker v. FSM, 2 FSM R. 38, 43 (App. 1985).

In declining to "reenact" in PL 2-48, provisions originating with High Commissioners or Congress of Micronesia, Congress seems to have been motivated by transitional considerations rather than a desire to withhold official status from those laws. FSM v. George, 2 FSM R. 88, 92 (Kos. 1985).

224. Laws unaffected.

Nothing in sections 220 through 231 of this subchapter affects the validity of either appropriation laws, other temporary National laws not included in this code, or laws enacted after October 1, 1981, by the Congress of the Federated States of Micronesia.

Source: PL 10-25 6.

225. Rights and liabilities unaffected.

The repeal in subsection (2) of section 222 of this subchapter does not affect the status of any civil or criminal actions, rights, or liabilities existing before the repeal takes effect.

Source: PL 10-25 7.

226. Government authority unaffected.

The republication in this code of Trust Territory laws and the retention of 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 charters or constitutions, and other applicable law.

Source: PL 10-25 8.

Cross-reference: The FSM Constitution is found in Part I of this code. The constitutions of the states of Chuuk, Kosrae, Pohnpei, and Yap are found in Part III of this code. Certain Governmental Authority documents are found in Part IV of this code.

Case annotations: PL 2-48, promulgating the codification of the FSM statutes and speaking only of "All enacted law of the Interim Congress of Micronesia . . . and all enacted law of the Congress of the Federated States of Micronesia" as "readopted and reenacted as positive law of the Federated States of Micronesia," may not be interpreted as an attempt to repeal or purge the Trust Territory law from the law of the Federated States of Micronesia. Joker v. FSM, 2 FSM R. 38, 43 (App. 1985).

Under art. XV, 1 of the Constitution a provision of the Trust Territory Code is repealed by subsequent statutory provision enacted by the Congress only if the statutory provisions in question are inconsistent or in conflict. Even if certain provisions are repealed, other provisions of that same statute may remain intact if the statute, without the deleted provision is self-sustaining and capable of separate enforcement. FSM v. Boaz (II), 1 FSM R. 28, 29 (Pon. 1981).

An amendment or repeal of a Trust Territory statute by the Congress need not be explicit to be effective. If a Trust Territory statutory provision is inconsistent or in conflict with a statutory provision enacted by Congress, that provision is repealed by implication. FSM v. Albert, 1 FSM R. 14, 16 (Pon. 1981).

227. 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.

Source: PL 10-25 9.

Cross-reference: The constitutions of the states of Chuuk, Kosrae, Pohnpei, and Yap are found in Part III of this code.

228. Technical amendment of prior law.

Technical amendments to laws included in part II of this code, whether or not those laws are readopted and reenacted pursuant to section 222 of this subchapter, are hereby enacted regarding the following:

(1) organization and numbering of titles, chapters, subchapters, sections, and other subparts;

(2) changes in phraseology;

(3) changes in introductory materials; and

(4) correction of errors.

Source: PL 10-25 10.

229. 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 222 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".

Source: PL 10-25 11.

230. 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.

Source: PL 10-25 12.

Editor's note: PL 10-25 codifies most of the provisions of PL 2-48 which was the public law which originally effectuated a codification of the laws of the Nation (effective date, May 24, 1982). A copy of PL 2-48 can be found in the Introduction to Original 1982 Code. This was done because the provisions of PL 2-48 were permanent in nature and should be part of the code. PL 9-62 was enacted to do this, but the problem with PL 9-62 was that it placed all of the provisions of PL 2-48 within a single section of the code, with each section of PL 2-48 being numbered a subsection of the section. This would have made for a very lengthy and awkward section, and would have been inconsistent with the current formatting of the code. Section 1 of PL 10-25, therefore, repealed what had been codified in section 1 of PL 9-62 as subchapter II of chapter 2 of this title in its entirety. PL 10-25, then set out each of the sections of PL 2-48 as a separately numbered section of subchapter II of chapter 2 of this title.

Cross-reference: The statutory provisions on the Congress of the Federated States of Micronesia are found in title 3 of this code.

The FSM Supreme Court website contains the Code of the Federated States of Micronesia and other court information at http://www.fsmsupremecourt.org/.

The official website of the Congress of the Federated States of Micronesia contain the public laws enacted by the FSM Congress and other congressional information at http://www.fsmcongress.fm/.

231. Repealer.

The Trust Territory Code to the extent it is not republished herein or reaffirmed as within the jurisdiction of the States by section 227 of this subchapter is hereby repealed in its entirety.

Source: PL 10-25 13.

232. Authorization for publication of 1997 edition of F.S.M.C.

The publishing of the official 1997 edition of the Code of the Federated States of Micronesia (F.S.M.C.), pursuant to contract with the Congress of the Federated States of Micronesia is hereby authorized.

Source: PL 10-25 14.

233. Contents of 1997 edition of F.S.M.C.

The 1997 edition of the Code of the Federated States of Micronesia shall contain the general and permanent National laws codified as positive law in the original 1982 edition of the Code of the Federated States of Micronesia pursuant to sections 220 through 231 of this subchapter, supplemented and updated with any amendments or additions to the law requiring codification through the Ninth Congress of the Federated States of Micronesia.

Source: PL 10-25 15.

Cross-reference: The statutory provisions on the Congress of the Federated States of Micronesia are found in title 3 of this code.

The FSM Supreme Court website contains the Code of the Federated States of Micronesia and other court information at http://www.fsmsupremecourt.org/.

The official website of the Congress of the Federated States of Micronesia contain the public laws enacted by the FSM Congress and other congressional information at http://www.fsmcongress.fm/.

234. Laws unaffected by 1997 publication.

The supplementing and updating to the original 1982 F.S.M.C. in the First Supplement authorized by Public Law No. 4-33 and in this re-publication with subsequently enacted laws, shall not effect any substantive change to the law as enacted and as it became effective.

Source: PL 10-25 16.

Cross-reference: The provision on legal status of laws included in the F.S.M.C. enacted after the First Supplement are found in 1 F.S.M.C. 230. The First Supplement to this code was authorized pursuant to PL 4-33.

Editor's note: PL 10-25 was signed into law by the President of the Federated States of Micronesia on July 22, 1997.