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OFFICE OF THE GOVERNOR - AMERICANSAMOA
PRESS RELEASE
(for immediate release – Monday, July 13, 2009)
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Gov. Togiola addresses Fono at opening of second regular session
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(UTULEI) – Governor Togiola Tulafono today addressed the opening of the Fono second regular session of the thirty-first Legislature, where he “spoke of the challenges that lay on the horizon and beyond.”
Governor Togiola told Senate President Gaoteote Palaie Tofau, House Speaker Savali Talavou Ale and lawmakers that “some of the challenges have been brought to bear in more ways than any of us could ever have imagined.”
The following is the official text of Governor Togiola’s address to the Fono:
GOVERNOR’S ADDRESS
TO THE SECOND REGULAR SESSION OF THE THIRTY-FIRST LEGISLATURE
Governor Togiola T.A. Tulafono
July 13, 2009, Senate Chamber
In my first State of the Territory address in these hallowed halls, I spoke of the challenges that lay on the horizon and beyond. Today, some of those challenges have been brought to bear in more ways than any of us could ever have imagined at that time.
In the intervening time frame, the world economy has taken one of the worst turns in U.S. history and we are coming to terms with the loss of Samoa Packing, one of the major employers in this Territory this September.
While the outlook may be bleak in light of these events, American Samoa bore witness last week to the lighting of the very first submarine fiber optic cable ever to connect American Samoa to the rest of the globe. The fruition of this project was four years in the making, but at long last, we have the ability to take our place at the forefront of technology.
I wish to thank the Fono for your support in making this economic development of the Territory a reality. Thank you for doing your part in approving the funds for the fiber optic cable.
I believe we have been summoned by our people to collectively come together to be the crew of our government’s ship. We need your strength, along with mine, to guide it to a safe and prosperous arrival place.
In this session, our Legislative Agenda includes the introduction of the following:
- Retirement Incentive Act – I remain committed to providing a sound plan for encouraging our top-level career service employees to take up retirement or move to the private sector in order to open up these positions for others to move up in our government. By freeing up these positions, we may be able to provide much needed and much wanted jobs for our children returning from school as well as returning sons and daughters from the military. The updated skill sets possessed by these individuals will contribute to the overall productivity and effectiveness of our government moving forward. I will be submitting in this Session, our proposed legislation as submitted in the Thirtieth Legislature.
- Expansion of Retirement Fund – In an effort to provide for a benefit not widely available to a majority of our private sector, I will be introducing an act that will allow our employees’ retirement fund to expand its membership to include eligible private companies without sacrificing the integrity of the or the stability of the fund for our government employees.
- Internal Auditor Act – In order to improve the accountability of government agencies, which has been hindered by rigid adherence to statute and lack of funds for recruiting and hiring qualified accountants, I am submitting the Internal Auditor Act to provide greater oversight of government while avoiding red tape. The Internal Auditor will conduct audits and assist with the preparation of annual budgets as well as our annual federal audits.
- Lease Registration Act – Over the past several years, it has been made apparent to the ASG that there is a severe imbalance with respect to reported income from rental properties in the Territory. This has been identified as one of the main gaps in our collection efforts. In order to close this gap and provide for better enforcement, I will be proposing legislation that requires registration of all commercial leases. This will ensure that ASG has an accurate accounting of all rental properties that are earning income for their owners and thus give ASG the tool to make collection of taxes from rental income a reality. This will help to increase collections for ASG without imposing any new taxes on our residents.
- Immigration Reform - Also this year, I will be sending to the Fono for consideration a measure which addresses shortcomings in our immigration code. Of specific note, we will be addressing the quota system and closing the loophole on the special provision clause. In modern times this clause has become the basis for bringing in foreign nationals who perform tasks for businesses that do not require any special talents or skills. While we have laws that encourage the hiring of local individuals wherever possible, some corporations have circumvented those safeguards by asserting that there are no locals available to do the work. It is time for us to change this portion of the law and I ask for the Fono’s help in doing so.
- Registration of Matai Titles – The choosing of a matai by the High Court has been helpful over the years. It has prevented a majority of families from resorting to self-help in the selection of the family matai/sa’o. However, it is our belief that the authority to select the family sa’o should rightfully reside exclusively with the family. The advent of Court appointed sa’o is quickly becoming the rule instead of the exception. Therefore, we will be submitting to the Fono a bill which proposes to put back with the family, the final authority for selecting their sa’o.
- Cancer Data Exchange Act – The American Samoa Cancer Registry is in a position to take advantage of funding that is available for the sharing of information across U.S. jurisdictions. In order to better understand incidences of cancer within our community, I am submitting in this Session, proposed legislation which would authorize the Director of Health to enter into data exchange agreements which would help American Samoa and our partner states and territories to better track incidences of cancer and provide a more accurate accounting of cancer occurrence in our island home. The personal information of all patients remains the paramount concern, and this legislation will protect personal information as a priority. The Director of Health must have a personal information protection agreement in place before entering into any data exchange with any other jurisdiction.
- Prohibition of Smoking in Public Places – Not a Saturday goes by without a call from a concerned citizen regarding smoking in public places such as offices, public transportation, restaurants and the like. I am proposing legislation this specific issue as smoking represents a major hazard to the health of our public. It is my belief that we should protect those who choose not to engage in this risky behavior. It is high time that we recognize the health risk that smoking presents and protect our residents by prohibiting this risk in enclosed areas that are open to the general public.
- Student Tourism / Student Visa Program - Also slated for submission this year is proposed legislation which would allow foreign students to attend ASCC under our immigration laws. This system would be similar to the student visa program of the United States. In effect, foreign students would be allowed into the Territory for the purpose of study only. Upon conclusion of study, the student returns to his/her place of origin. At current, the Attorney General’s Office, ASCC and my office are outlining the program and once there is general consensus that a program is possible, the accompanying legislation will be proposed to the Legislature.
- Samoan Heritage Week - In Honolulu, Hawaii from August 2 – 8, 2009. Too often Samoans receive bad publicity in the media as underachieving troublemakers. After consultation with Honolulu Mayor Muliufi “Mufi” Hannemann and Governor Linda Lingle, they have offered their support that this special week will pay tribute to our Samoan Heritage. It will feature cross sections of prominent Samoans making a major contribution to society and serve as role models for younger Samoan residents of Hawai’i. Samoa Heritage Week will include a church service, sports and cultural entertainment.
Bills still before the Fono
Appropriation for the following:
- American Samoa Economic Stimulus and Recovery Office – I request serious consideration of this appropriation as American Samoa continues to pursue efforts to effectively receive, utilize and report on stimulus dollars received from the federal government.
- Office of the Internal Auditor – The Internal Auditor is already proving beneficial to the American Samoa Government as he is actively assisting the Department of Treasury to remove an U.S. Single Audit finding regarding the reconciliation of our immigration bond account. Funding this office is a priority in order to increase accountability in the Executive branch of government.
- Territorial Audit Office – Another serious finding American Samoa faces year after year has been the lack or absence of a Territorial Auditor. The fact of the matter is that Certified Public Accountants and Certified Internal Auditors are in high demand throughout the globe. Unfortunately for us, our salary range is not considered attractive to qualified and credentialed applicants. Therefore, I request serious consideration of this appropriation in order to meet this requirement and to increase our chances for increased CIP funding in the future.
- Office of the Independent Prosecutor – The Attorney General’s Office has had to shoulder the funding of the Independent Prosecutor which has put a tremendous strain on an already tight budget. Providing this additional funding to the Independent Prosecutor would greatly assist the Attorney General’s Office, and the Office of the Independent Prosecutor to move forward with the administration of justice.
- Tax Amendments – With dollars and credit becoming more and more scarce, I submitted this legislation with the intent that this would free up more credit for the Territory to access. You have heard the testimony of the financial institutions and I implore you to pass this legislation for the betterment of the Territory.
Confirmation Resolutions for:
- Mauigoa Reupena Tagaloa / Territorial Energy Office
- Tuiasina Dr. Salamo Laumoli / Department of Health
- Aoomalo Manupo Turituri / Department of Agriculture
- Fa’afiti Pita Tauanu’u / Territorial Administration On Aging
- Paolo Sivia Sivia / Office of Public Information / KVZK-TV
May God grant us all good health to discuss and deliberate all that is before us during this session. May the storms be few on our journey as we collaborate to steer our ship to prosperity. Thank you. God bless you. God bless America and God bless American Samoa.
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