Article VI
THE EXECUTIVE

     Section 1.  The executive power of the State shall be vested in the Governor.

     The Governor shall be elected by the qualified voters of the State at a general election.  The person receiving the highest number of votes, and at least forty-five percent of the votes cast, shall be the Governor.  In case no person receives forty-five percent of the votes cast, the selection of the Governor shall be determined by special election between the two persons receiving the highest number of votes in the general election.

     The term of Governor 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.

     No person shall be eligible for the Office of the Governor unless he is at least thirty years of age, is a citizen of the Federated States of Micronesia by birth, and a resident of the State for at least fifteen years and five years immediately preceding filing for office, is a qualified voter of the State, and never has been convicted of a felony unless he has received a pardon restoring his civil rights.

     The Governor shall not hold another public office or employment during his term of office.

     No person who has been elected Governor for two full successive terms shall again be eligible to hold that office until one full term has intervened.

     Section 2.  There shall be a Lieutenant Governor who shall have the same qualifications as the Governor, provided that if the Governor is a resident of Yap Islands Proper, the Lieutenant Governor shall be a resident of the Outer Islands, and if the Governor is a resident of the Outer Islands, the Lieutenant Governor shall be a resident of Yap Islands Proper.

     The Lieutenant Governor shall be elected at the same time, for the same term and in the same manner, as the Governor.  The votes cast for the candidate for Governor shall be considered as cast also for the candidate for Lieutenant Governor running jointly with him.  The candidate whose name appears on the ballot jointly with that of the successful candidate for Governor shall be elected Lieutenant Governor.

     Section 3.  The Governor and Lieutenant Governor shall receive annual salaries as prescribed by law.  Such salaries shall not be increased or decreased for their respective terms of office, except by general law applying to salaried officers of the State Government.

     Section 4.  The Lieutenant Governor may be appointed by the Governor to head a principal executive department established by law and shall have such other responsibilities assigned by the Governor or prescribed by law.

     The Lieutenant Governor shall exercise and discharge the powers and duties of the Office of the Governor during the absence of the Governor from the State or the inability of the Governor to exercise and discharge his powers and duties.

     In the event that the offices of both the Governor and Lieutenant Governor become vacant, the Speaker of the Legislature shall succeed to the Office of the Governor.

     Succession to the Office of the Lieutenant Governor shall be prescribed by law.

     During the absence or disability of both the Governor and Lieutenant Governor, a head of a principal executive department shall exercise the powers and duties of the Office of Governor.

     Section 5.  The Governor shall be responsible for the faithful execution of the laws.

     Section 6.  The Governor may grant reprieves, commutations and pardons, after conviction, subject to regulation by law, except in cases of impeachment.  No reprieve, commutation or pardon may be granted to a person holding the Office of Governor or Lieutenant Governor.

     Section 7.  The Governor shall annually communicate to the Legislature, by message, the condition of the State, and shall in like manner recommend measures as he may deem desirable.

     Section 8.  All executive and administrative offices, departments and instrumentalities of the State Government and their respective functions, powers and duties shall be established by law.

     Each principal department shall be under the supervision of the Governor and shall be headed by a single executive unless otherwise provided by law.  Such single executives shall be nominated and appointed by the Governor, with the advice and consent of the Legislature, to serve at the pleasure of the Governor during his term of office and until the appointment and qualification of their successors, except that the removal of the Attorney General shall be subject to the advice and consent of the Legislature.

     Whenever a board, commission or other body shall be the head of the principal department or a regulatory or quasi-judicial agency, the members shall be nominated and appointed by the Governor with the advice and consent of the Legislature.  The term of office and removal of members shall be as prescribed by law.

     Section 9.  If required to preserve public peace, health or safety, at a time of extreme emergency caused by civil disturbance, natural disaster, or immediate threat of war or insurrection, the Governor may declare a state of emergency and issue appropriate decrees.

     A declaration of emergency shall not impair the power of the judiciary except that the declaration shall be free from judicial interference for fifteen days after it is first issued.  A declaration of emergency may impair a civil right to the extent actually required for the preservation of peace, health or safety.

     Within thirty days after the declaration of emergency, the Legislature shall convene at the call of the Speaker or the Governor to consider revocation, amendment or extension of the declaration.  Unless it expires by its own terms, is revoked or extended, a declaration of emergency is effective for thirty days.
S.L. No. 3L-39-93 2-16, 7/29/93 4-121. Regulations. ( The Board shall, with the approval of the Governor, adopt, amend or repeal regulations for the administration of the Plan pursuant to the procedures for adoption of regulations as set out in the Administrative Procedures Act, Title 8 Chapter 1, or its successor. Such regulations shall determine, among other things, assessments for universal coverage, premium amounts, professional service standards, and standards and procedures for referrals, collections, disbursement, and appeals from determinations made in the implementation of the Plan. The regulations shall further provide for specific notice to enrollees and opportunity to be heard for termination of benefits under the Plan, and shall provide for specific procedures for administrative review and decision on actions taken by the Plan consistent with 4-148. Source: S.L. No. 3L-39-93 2-17, 7/29/93 4-122. Basic eligibility. ( Every resident of Pohnpei shall be enrolled in and shall be eligible to receive benefits as provided under this chapter, except that unemployed noncitizens residing in the state who are not dependents of enrollees are not eligible, except as provided in 4-123. Source: S.L. No. 3L-39-93 3-1, 7/29/93 4-123. Agreements for eligibility of others. ( The Board is authorized to enter into agreements with the national government, international organizations or other entities to extend the benefits of this chapter to persons within Pohnpei not otherwise eligible therefor. The Board, in entering into such agreements, shall be subject to other state laws, regulations, and agreed-upon practices regarding negotiating agreements with non-state entities. Source: S.L. No. 3L-39-93 3-2, 7/29/93 4-124. Payment for services. ( (1) The Plan shall pay the benefit amount for any covered service that is furnished to an enrollee by a qualified provider outside of Pohnpei if such covered service is authorized in a referral granted under 4-125. (2) The Board may, by regulation, establish and implement a program for payments of benefit amounts by the Plan for covered services furnished to enrollees by qualified providers within Pohnpei and for assessment and collection of additional premiums. (3) The Board, by regulation, shall establish and implement a program for payments of benefit amounts by the Plan for covered services rendered by the qualified providers to enrollees of the Plan who are outside of Pohnpei. Source: S.L. No. 3L-39-93 4-1, 7/29/93 4-125. Medical referral committee. ( (1)