6 chapters · 57 sections in this title.
A.S.C.A. § 17.0101 Creation
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There is created an American Samoa historical commission, which shall consist of 6 members who shall serve for 3-year terms and who may be reappointed. History: 1970, PL 11-97, 1971, PL 12-8 § 1.
A.S.C.A. § 17.0102 Appointment of members
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The Governor of American Samoa shall appoint 3 members of the commission and shall name 1 of the members so appointed chairman. The district governors of each district shall each appoint 1 member. History: 1970, PL 11-97; 1971, PL 12-8 § 1.
A.S.C.A. § 17.0103 Vacancies
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Any vacancy on the commission shall be filled by appointment by the official authorized to make the original appointment, and any member so appointed shall serve for the remainder of his predecessor’s unexpired term. History: 1970, PL 11-97; 1971, PL 12-8 § 1.
A.S.C.A. § 17.0104 Requirement of members
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Persons appointed to serve as members of the commission shall be knowledgeable in the history, customs, and traditions of the people of American Samoa. History: 1970, PL 11-97; 1971, PL 12-8 § 1.
A.S.C.A. § 17.0105 Meetings—Function
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The commission shall meet at such times as the chairman may designate, in order to consider and recommend to the Governor programs to promote the study of American Samoa history and culture, to disseminate knowledge and understanding of these subjects to the people of American Sa…
A.S.C.A. § 17.0201 Powers and duties of Department of Education
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(a) With the exception of the Feleti Barstow Public Library, the Department of Education of the government shall be responsible for developing and maintaining free library services for all people residing in American Samoa. These services shall include an extension service to all…
A.S.C.A. § 17.0202 Powers and duties of Treasurer of American Samoa
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The Treasurer of the government shall receive and keep all funds appropriated by the government of the United States under any law providing funds for public and school libraries. He is authorized to make whatever provisions are necessary for keeping the funds, as well as their d…
A.S.C.A. § 17.0203 Feleti Barstow Public Library
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The library building located at the village of Utulei shall serve as the central library for the Territory of American Samoa and shall be known as the Feleti Barstow Public Library. History: 1998, PL 25-23.
A.S.C.A. § 17.0301 Establishment of the Feleti Barstow Public Library
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There is established, as an agency within the Executive branch of government, the Feleti Barstow Public Library. History: 1999, PL 26-3.
A.S.C.A. § 17.0302 Powers and duties of the Feleti Barstow Public Library
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The Feleti Barstow Public Library: (a) may sue and be sued; (b) may adopt and use a seal; (c) may make contracts, as authorized in this chapter; (d) may adopt, amend, and repeal bylaws; (e) may purchase or lease and hold personal property it considers necessary or convenient in t…
A.S.C.A. § 17.0303 Establishment of the public library board
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(a) The public library board is established. The board shall consist of eight members. The director of education or his designee, one additional member from the Department of Education, two members from the staff of the American Samoa Community College and at least two members fr…
A.S.C.A. § 17.0304 Public library board—Powers and duties
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The public library board, in addition to other provisions of this chapter: (a) shall employ a competent and qualified Territorial Librarian; (b) shall select its chairman, vice chairman and secretary-treasurer from among its own membership; (c) shall develop and adopt written byl…
A.S.C.A. § 17.0305 Territorial Librarian
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The public library board shall recommend to the Governor a list of three to five candidates, in the order of descending priority, who have received the highest consideration of the board. The Governor shall appoint the Territorial Librarian only from the proffered list of recomme…
A.S.C.A. § 17.0306 Personnel
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All employees of the Feleti Barstow Public Library, except for the Territorial Librarian, are appointed or hired and compensated in accordance with the government employee laws A.S.C.A., 7.0101 et seq., except that the public library board may adopt administrative rules, pursuant…
A.S.C.A. § 17.0307 Assumption of role
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The public library board shall assume, upon approval of this act, full responsibility and right to operate all items of property, including any construction, equipment or material purchases in progress, equipment, and machinery used under the previous status of operation by the g…
A.S.C.A. § 17.0308 Budget
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(a) The basic source of financing the public library is the government through its regular budget process. The government shall provide an initial appropriation from local revenues for the FY-1999 operation and programs of the public library. (b) The public library board shall su…
A.S.C.A. § 17.0309 Fiscal management
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The Feleti Barstow Public Library is responsible for the management and operation of its fiscal affairs. It shall establish procedures based on principles of sound bookkeeping and fiscal management, with the approval of the board, for the administration of all accounting systems,…
A.S.C.A. § 17.0310 Independent audit reports—Consultants—Annual reports
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(a) The public library board shall employ a firm of independent certified public accountants to examine and report each year upon the status of financial records and accounts, and may renew that employment annually. Copies of these reports shall be furnished by the board to the G…
A.S.C.A. § 17.0401 Established
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There is established within the executive branch of the government, under the direction of a board of trustees, the Museum of American Samoa, which shall constitute a nonprofit instrumentality of the government. History: 1971, PL 12-30 § 2; 1999, PL 26-3.
A.S.C.A. § 17.0402 Purpose
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The purposes of the museum shall be to: (1) Establish, maintain, acquire and supervise the collection, study, preservation, interpretation and exhibition of fine art and objects, and such relics, documents, paintings, artifacts and other historical and related materials as will e…
A.S.C.A. § 17.0403 Funding
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The Legislature of American Samoa hereby states its intention to appropriate such local revenue as may be reasonably necessary to operate the museum of American Samoa. History: 1971, PL 12-30 § 5; 1999, PL 26-3.
A.S.C.A. § 17.0404 Functions
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The museum of American Samoa is authorized, acting through the board of trustees, to perform the following functions: (1) acquire by purchase, lease, gift, loan, or otherwise, and hold, manage and administer, all such property, real or personal, as it deems necessary to carry out…
A.S.C.A. § 17.0405 Board of trustees
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(a) The Museum of American Samoa shall be managed by a board of trustees consisting of 5 persons, who shall serve for a term of 1 year and be appointed by the Governor. (b) The Governor shall appoint 1 of the trustees as chairman. (c) The presence of 3 persons shall be necessary …
A.S.C.A. § 17.0406 Limit of obligations-Approval of contracts by Governor
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Nothing in this chapter may be deemed to authorize the museum of American Samoa to obligate the government for expenditures or other amounts in excess of such sums as may be appropriated by the Legislature, or are available through contributed funds or federal funds, nor may the …
A.S.C.A. § 17.0407 Transfer of artifacts
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The board may accept all artifacts, objects, and other related historical and cultural materials of the present museum located at government house, and upon said acceptance cause an inventory to be made of all items so transferred and accepted by the board. History: 1971, PL 12-3…
A.S.C.A. § 17.0408 Theft of objects-Penalty
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Any person who steals or assists in stealing any pamphlet, map, chart, picture, photograph, engraving, manuscript, statue, coin, model, apparatus, specimen, work of literature, object of art or curiosity deposited in the museum of American Samoa shall be guilty of a misdemeanor a…
A.S.C.A. § 17.0501 Purpose and policy
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The Legislature finds that: (1) Samoan art, culture and traditions have contributed greatly to the artistic and cultural richness of the Samoan people; (2) Samoan art and culture occupy a unique position in Samoan history as being our only native art form and cultural heritage; (…
A.S.C.A. § 17.0502 Definitions
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As used in this chapter, unless the context clearly requires otherwise: (1) “Samoan art, culture and traditions” means, but is not limited to, the traditional and contemporary expressions of Samoan language, history, anthropology, archaeology, linguistics, music, social instituti…
A.S.C.A. § 17.0503 Establishment of academy
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(a) In general: There is established a non-profit and semi-independent corporation to be known as the “American Samoa Cultural Arts Academy”, which shall be under the direction and control of a board of governors established under this act. (b) Succession and amendment of charter…
A.S.C.A. § 17.0504 Board of Governors
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(a) Composition. (1) The voting members of the Board of Governors of the academy shall be: (1) Secretary of Samoan Affairs. (2) District Governor of Manu’a. (3) District Governor of the Eastern District. (4) District Governor of the Western District. (5) Chairman, Senate committe…
A.S.C.A. § 17.0505 Executive director of the academy
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(a) First executive director. After the first organizational meeting of the board and for no more than 2 years thereafter, the President of the American Samoa Community College shall serve as the interim executive director. (b) Other executive directors. No more than two years af…
A.S.C.A. § 17.0506 Finances
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All funds received by the Institute from any source whatsoever, shall be deposited in an account or accounts at a federally-insured banking or savings institution. History: 2000, PL 26-32.
A.S.C.A. § 17.0507 Nonprofit and nonpolitical nature of institute
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(a) Stock. The academy shall have no power to issue any shares of stock or to declare or pay any dividends. (b) Nonprofit nature. No part of the income or assets of the academy shall insure to the benefit of any board member or employee, or any other individual except as salary o…
A.S.C.A. § 17.0508 Tax status—Tort liability
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(a) Tax status. The academy and the franchise, capital, reserves, income, and property of the academy shall be exempt from all taxation now or hereafter imposed by the American Samoa Government. (b) Tort liability. The academy shall be subject to liability relating to tort claims…
A.S.C.A. § 17.0601 Short title
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This act may be cited as the Tourism Development Act of 2008. History: 2008, PL 30-15.
A.S.C.A. § 17.0602 Purposes
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This act shall be construed and applied to advance its underlying purposes listed in no order of priority, which are: (1) to promote American Samoa as a tourist destination for the Pacific region and around the world; (2) to promote tourism within American Samoa and among its peo…
A.S.C.A. § 17.0603 Interpretation
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In this act, unless the context otherwise requires, words in the singular include the plural, and words in the plural include the singular. History: 2008, PL 30-15.
A.S.C.A. § 17.0604 Severability clause
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If any provision of this act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this act that can be given effect without the invalid provision or application, and to this end the provisions of this…
A.S.C.A. § 17.0605 Authority to adopt rules
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The board of the American Samoa Visitors Bureau shall adopt administrative rules pursuant to A.S.C.A., 4.1001 et seq., to implement the provisions of this title. History: 2008, PL 30-15.
A.S.C.A. § 17.0606 Definitions
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For purposes of this title: (1) “Act” shall mean the Tourism Development Act of 2008. (2) “Board” shall mean the American Samoa Visitors Bureau Board. (3) “Bureau” shall mean the American Samoa Visitors Bureau. (4) “Chairman” shall mean the chairman of the American Samoa Visitors…
A.S.C.A. § 17.0607 Establishment of the American Samoa Visitors Bureau
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There is established a government agency within the Executive branch of the government known as the American Samoa Visitors Bureau. History: 2008, PL 30-15.
A.S.C.A. § 17.0608 Powers and duties of the bureau
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The American Samoa Visitors Bureau: (1) may sue and be sued as set forth in 43.1203 and 43.1205; (2) may adopt and use a seal; (3) may make contracts, as authorized in this chapter; (4) may adopt, amend, and repeal bylaws; (5) may purchase or lease and hold personal property it c…
A.S.C.A. § 17.0609 Creation of the position of executive director—Selection
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The American Samoa Visitors Bureau shall be headed by an executive director, to be selected by the board. History: 2008, PL 30-15.
A.S.C.A. § 17.0610 Duties and responsibilities of the executive director
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The director shall be responsible for the following: (a) investigate, determine, research and observe the current situation of tourism in American Samoa, by utilizing such methods as public hearings, forums, questionnaires, studies, and all other such research methodologies neces…
A.S.C.A. § 17.0611 Creation of the American Samoa Visitors Bureau Board
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There is created the American Samoa Visitors Bureau Board consisting of seven (7) members nominated by the Governor and confirmed by the Legislature of American Samoa. History: 2008, PL 30-15.
A.S.C.A. § 17.0612 Composition and qualifications of board members—Chairman—Terms—Quorum
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(a) The board shall consist of the following members: (1) one member shall be an employee of the Department of Commerce; (2) one member shall be selected from the Office of Samoan Affairs; (3) two members shall be selected from the American Samoa Visitors Association (ASVA) from …
A.S.C.A. § 17.0613 Board administrator
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The board shall be staffed by one employee from the bureau appointed by the director who shall be known as the Board administrator. History: 2008, PL 30-15.
A.S.C.A. § 17.0614 Board duties and responsibilities
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The board shall meet at least once a month and shall have the following duties and responsibilities: (a) hire an executive director who shall be directly responsible to the board for the proper and efficient management of the bureau; (b) review and decide upon the annual operatin…
A.S.C.A. § 17.0615 No compensation for board members—Special meetings
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(a) Board members shall not be entitled to compensation, special benefits or reimbursements. (b) The chairman shall call special meetings at the request of the director of the bureau, or three members of the board. History: 2008, PL 30-15.
A.S.C.A. § 17.0616 Attorney General as legal counsel
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The Attorney General of American Samoa shall provide legal counsel to the bureau and the board unless there is a conflict, or until such time the Legislature provides for alternate counsel. History: 2008, PL 30-15.