Article V
THE LEGISLATURE

     Section 1.  The legislative power of the State is vested in the Legislature.  Such power shall extend to all rightful subjects of legislation not inconsistent with this Constitution.

     Section 2.  The Legislature shall be composed of ten members, who shall be elected by the qualified voters of the respective election districts.

     Section 3.  Members of the Legislature shall be elected from election districts and in the numbers shown in Article XI of this Constitution.

     Section 4.  The members of the Legislature shall be elected at a general election.  The term of office shall begin at noon on the second Monday in January following the general election and end at noon on the second Monday in January, four years thereafter.

     Section 5.  Any vacancy in the Legislature shall be filled for the unexpired term by special election, except that an unexpired term of less than one year shall be filled by appointment by the Governor.

     Section 6.  No person shall be eligible to serve as a member of the Legislature unless he is at least twenty-five years of age, has been a citizen of the Federated States of Micronesia for at least ten years, and a resident of the State for at least five years and of the election district from which elected for at least one year immediately preceding filing for office, and is a qualified voter of the election district from which he seeks to be elected.

     Section 7.  A person convicted of a felony shall not be eligible to serve as a member of the Legislature unless the person so convicted has received a pardon restoring his civil rights.

     Section 8.  No member of the Legislature shall hold another public office or public employment, nor shall he, for one year succeeding his term for which he is elected or appointed, be elected or appointed to any public office, or employment, which shall have been created, or the emoluments whereof shall have been increased, by legislative act during such term.

     Section 9.  No member of the Legislature shall be held to answer before any other tribunal for any statement made or action taken in the exercise of his legislative functions, and members of the Legislature shall, in all cases except felony or breach of the peace, be privileged from arrest during their attendance at sessions or committee meetings of the Legislature, and in going to and returning from the same.

     Section 10.  The members of the Legislature shall receive annual salaries as prescribed by law.  No law increasing salaries shall take effect until after the end of the term for which the members voting thereon were elected.

     Section 11.  The Legislature shall convene its meeting on the second Monday in January following the general election and may meet regularly for four years.  A special session may be convened at the call of the Governor or by the Speaker at the written request of two-thirds of the members of the Legislature.

     Section 12.  The Legislature shall be the judge of the qualifications of its members and shall have, for misconduct, disorderly behavior or neglect of duty of any member, power to punish such member by censure or, upon a two-thirds vote of the members, by suspension or expulsion of such member.

     The Legislature shall choose its own officers, determine the rules of its proceedings and keep a journal.  The Legislature shall have and exercise all the authority and attributes inherent in legislative assemblies, including the power to institute and conduct investigations, issue subpoenas to witnesses and other concerned parties, and administer oaths.

      Section 13.  Two-thirds of the members of the Legislature shall constitute a quorum for the conduct of ordinary business of which quorum a majority vote shall suffice, but the final passage of a bill or resolution shall require the vote of two-thirds of the members and entered upon its journal.  A smaller number than a quorum may adjourn from day to day and compel the attendance of absent members in such manner and under such penalties as the Legislature may provide.

     Section 14.  No law shall be passed except by bill.  Each law shall embrace but one subject, which shall be expressed in its title.  The enacting clause of each law shall be, "Be it enacted by the Legislature of the State of Yap".

     Section 15.  No bill shall become law unless it shall pass two readings in the Legislature on separate days.

     Section 16.  A certified copy of every bill which shall have passed the Legislature shall be presented to the Council of Pilung and Council of Tamol for consideration.  The Councils shall have the power to disapprove a bill which [concerns] adversely affects tradition and custom or the role or function of a traditional leader as recognized by tradition and custom.  The Councils shall be the judge of the [concernment] effect of such bill.

Constitutional amendment:  Section 16 was amended as set forth above (words in brackets deleted and words underlined added) by a constitutional amendment adopted by Yap State voters on November 7, 2006 and certified by the Yap State Election Commissioner on November 24, 2006.  The amendment was set forth in Proposal No. 2004-53, D2 of the 2004 Yap Constitutional Convention.


     Section 17.  The Council of Pilung and the Council of Tamol may disapprove a bill by returning the certified copies of the bill with their objections which shall describe the adverse effect on the respective tradition and custom or the role or function of a traditional leader as recognized by tradition and custom within thirty days after it is received from the Legislature.  A disapproved bill may be amended to meet the Councils' objections and, if so amended and passed, only one reading being required for such passage, it shall be presented again to the Councils.

Constitutional amendment:  Section 17 was amended as set forth above (words added underlined) by a constitutional amendment adopted by Yap State voters on November 7, 2006 and certified by the Yap State Election Commissioner on November 24, 2006.  The amendment was set forth in Proposal No. 2004-53, D2 of the 2004 Yap Constitutional Convention.


     Section 18.  Every bill which shall have passed the Legislature and has not been disapproved by the Council of Pilung and the Council of Tamol, or where both Councils inform the Legislature that the bill will not be disapproved, shall be certified by the Speaker and Chief Clerk of the Legislature and shall be presented to the Governor.  If the Governor approves the bill, he shall sign it and it shall become law.  The Governor may veto any specific item or items in it and it shall become law.  The Governor may veto any specific item or items in any bill which appropriates money for specific purposes by striking out or reducing the same, but he may veto other bills only as a whole.

     The Governor shall have ten days to consider bills presented to him ten or more days before adjournment of the Legislature sine die, and if any bill is neither signed nor returned by the Governor within that time, it shall become law in like manner as if he had signed it.

     The Governor shall have thirty days, after adjournment of the Legislature sine die, to consider bills presented to him less than ten days before such adjournment, or presented after adjournment, and any such bill shall become law on the thirtieth day if it is neither signed nor returned on or before that day.

     Section 19.  Upon the receipt of a veto message from the Governor, the Legislature may proceed to reconsider the vetoed bill, or the item or items vetoed, and again vote upon such bill, or such item or items.  If after such reconsideration such bill, item or items, shall be approved by a two-thirds vote of the members of the Legislature on one reading, the same shall become law.

     If upon receipt of the veto message from the Governor, the Legislature is not in session or recess, the Legislature may reconsider the vetoed bill in the next regular session or special session.

     A vetoed bill may be amended to meet the Governor's objections, and if so amended and passed, only one reading being required for such passage, it shall be presented again to the Governor, but shall become law only if he shall sign it within ten days after presentation.

     Section 20.  The Governor, Lieutenant Governor or a Justice of the State Court may be removed from office for misfeasance or malfeasance in office, or for conviction of a felony, by a vote of three-fourths of the members of the Legislature.
and under 19 years of age, and handicapped dependent children who are physically or mentally incapable of earning a living; any student under 21 years of age who is unmarried and a full-time student within Pohnpei and who is primarily supported by his or her enrollee parents; and unemployed dependent parents who are members of the enrollee’s household, are over the age of 60 years, and are citizens of Pohnpei residing in Pohnpei. (4) “Employee” means any individual who has been employed for wages or salaries for services from an employer as defined in Subsection (5) of this section for at least 15 working days and who regularly provides such services to the employer for 20 hours or more each week. (5) “Employer” means any person as defined in Subsection (10) of this section who employs the services of others and pays them wages or salaries, or a person who is self-employed, that is, a person who earns money for labor or goods. (6) “Enrollee” means any individual eligible to receive benefits under this chapter; PROVIDED that an enrollee may be eligible for only the essential level of benefits, or may be eligible for additional levels of benefits as provided for in this chapter and such regulations as may be issued pursuant hereto. (7) “Executive Director” means the Executive Director of the Pohnpei Health Care Plan. (8) “Fund” means the trust fund to be established by the Board pursuant to §4-142. (9) “Off-island health care facility” means any facility providing covered services as defined in §4-127 that is located outside of Pohnpei and that is determined by the Board to be a qualified provider as defined in §4-129. (10) “Person” includes any individual, trust, estate, partnership, corporation, association, joint stock company, bank, insurance company, credit union, cooperative or other entity or group, including any government, whether local or foreign, or any agency or instrumentality thereof. (11) “Plan” means the Pohnpei Health Care Plan. (12) “Provider” means any person furnishing any covered service as defined in §4-127. (13) “Referral” means a referral of an enrollee to an out-of-state health care facility granted pursuant to §4-125. (14) “Regulation” means the regulations adopted by the Board and approved by the Governor for the administration of the Plan. (15) “Resident” means any citizen of Pohnpei for whom Pohnpei is his principal residence, or any noncitizen who has established an ongoing physical presence in Pohnpei and whose presence is sanctioned by law and is not merely transitory in nature. (16) “State” or “Pohnpei” means the state of Pohnpei. (17) “Third-party administrator” means the individual or firm within or outside of Pohnpei that contracts to perform administrative services in the operation of the Plan. Source: S.L. No. 3L-39-93 §1-4, 7/29/93 §4-105. Board of Trustees. ( (1) The governing and administrative powers of the Plan shall be vested in a Board of Trustees, which Board shall consist of five voting members and the Executive Director, who shall serve as an ex-officio, nonvoting memb