FSMC, TITLE 55.  GOVERNMENT FINANCE AND CONTRACTS

CHAPTER 8
Chuuk State Commission
on Improvement Projects
[REPEALED]

Editor’s note: PL 17-75 repealed section 801 of this chapter. The provisions of PL 17-75 state as follows:

Section 1. Purpose. To eliminate the Chuuk State Commission on Improvement Projects (“CSCIP”).

Section 2. Ninety (90) days after the act becomes law, section 801 of title 55 of the Code of the Federated States of Micronesia, as amended, is repealed in its entirety.

Section 3. Upon the elimination of the CSCIP, all assets of CSCIP shall revert to the FSM National Government.

PL 17-75 was signed into law by President Manny Mori on February 12, 2013.

While the repeal in PL 17-75 was specifically to section 801, the stated purpose of this Act in section 1 was to eliminate the CSCIP. The other sections of this chapter are therefore repealed by implication.

SECTIONS

§ 801. Commission created [REPEALED by PL 17-75].
§ 802. Commission—Organization; Quorum; Interim manager [REPEALED by Implication by PL 17-75].
§ 803. Commission—Authority [REPEALED by Implication by PL 17-75].
§ 804. Chuuk State Development Authorities [REPEALED by Implication by PL 17-75].

§ 801. Commission created [REPEALED by PL 17-75].

There is hereby created a Chuuk State Commission on Improvement Projects (“CSCIP”). The commission shall be composed of the following: a representative from each of the election districts within the State of Chuuk, or his designee, and the director of the Office of Planning and Statistics of the Chuuk State Government. A majority of the mayors of the district shall select a person from within the district to represent the district on the CSCIP.

Source: PL 10-109 § 2; PL 11-60 § 1; Repealed by PL 17-75 § 2.

§ 802. Commission—Organization; Quorum; Interim manager [REPEALED by Implication by PL 17-75].

(1) The commission shall meet to organize itself and to select a chairman and a vice chairman. The presence of a majority of the representatives from the five election districts shall be necessary to constitute a quorum. Meetings shall be conducted according to bylaws adopted by the members. The chairman will have the authority to vote at a meeting only in order to break a tie.

(2) Until such time as sufficient representatives have been selected to constitute a quorum to organize, the President of the Federated States of Micronesia is authorized to appoint an interim manager to carry out duties and responsibilities authorized under subsections (1) through (5) of section 803 of this chapter.

Source: PL 10-109 § 3; PL 10-135 § 1; PL 10-153 § 1; repealed by implication by PL 17-75 §§ 1 and 2.

§ 803. Commission—Authority [REPEALED by Implication by PL 17-75].

The commission shall have the authority to:

(1) Obligate funds appropriated and allotted to the commission by the Congress for projects in Chuuk;

(2) Award and enter into contracts for projects, giving priority to bids by Micronesian citizens or corporations qualified and capable of performing fully and without delay such projects;

(3) Assess damage to private property caused by projects and negotiate written settlements on amounts of compensation, such written settlements to be treated as obligations for purposes of the Financial Management Act of 1979;

(4) Establish priorities for the performance of projects, ensuring that each district is treated as equally as possible;

(5) Submit all reports required by applicable law, including, but not limited to, the Financial Management Act of 1979; and

(6) Appoint an executive director, who may carry out such duties of the commission as the commission deems advisable; the commission may authorize the executive director to hire staff.

Source: PL 10-109 § 4; PL 10-135 § 2; repealed by implication by PL 17-75 §§ 1 and 2.

§ 804. Chuuk State Development Authorities [REPEALED by Implication by PL 17-75].

Where an appropriation designates a “Development Authority” as an allottee in Chuuk State, the designation shall refer to an entity created by Chuuk State law. In the event that such an entity has not been created by Chuuk State law or has been abolished, the executive director of the Chuuk State Commission on Improvement Projects or his designee shall serve as allottee.

Source: PL 10-121 § 1; PL 11-30 § 1; repealed by implication by PL 17-75 §§ 1 and 2.

Editor’s note: Chapter 8 was originally reserved in the 1982 edition of this Code.

PL 17-75 repealed section 801 of this chapter. The provisions of PL 17-75 state as follows:

Section 1. Purpose. To eliminate the Chuuk State Commission on Improvement Projects (“CSCIP”).

Section 2. Ninety (90) days after the act becomes law, section 801 of title 55 of the Code of the Federated States of Micronesia, as amended, is repealed in its entirety.

Section 3. Upon the elimination of the CSCIP, all assets of CSCIP shall revert to the FSM National Government.

PL 17-75 was signed into law by President Manny Mori on February 12, 2013.

While the repeal in PL 17-75 was specifically to section 801, the stated purpose of this Act in section 1 was to eliminate the CSCIP. The other sections of this chapter are therefore repealed by implication.