American Samoa Code Annotated

The American Samoa Code Annotated is a collection of statutes that have been passed by the Legislature.  It is organized into titles that cover broad areas of the law.  They are often divided into Chapters.  Sometimes they are further divided into sub chapters, parts, and sub parts. 

When practitioners want to discuss a statute, they often cite to a code section.  For instance, the code section for Assault in the Third Degree is A.S.C.A. § 46.3522. 

 

The structure of the code section can tell a person where the section is in the law.  The number in front of the periods is the title, 46 Criminal Justice.  The first two numbers after the code section are the chapter, 35 Offenses Against the Person.  The last two numbers indicate section itself. 

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Code sections generally divided into sub sections, paragraphs, and subparagraphs.  Using A.S.C.A. § 46.3522 as an example:

46.3522 Assault in the 3rd degree.

(a) A person commits the crime of assault in the 3rd degree if:

(1) he attempts to cause or recklessly causes physical injury to another person;

(2) with criminal negligence he causes physical injury to another person by means of a deadly weapon; or

(3) he purposely places another person in apprehension of immediate physical injury;

(4) he recklessly engages in conduct which creates a grave risk of death or serious physical injury to another person; or

(5) he knowingly causes physical contact with another person knowing the other person will regard the contact as offensive or provocative.

(b) Assault in the 3rd degree is a class A misdemeanor unless committed under paragraph (a) (3) or (5): then it is a class C misdemeanor.

 

There are two subsections (a) and (b). Subsection (a) defines the crime of Assault in the Third Degree and breaks describes different ways of committing the crime in paragraphs.  If a person violates subparagraph (a)(5) by knowingly causing physical contact with another person known the other person will regard the contact as offensive, that person committed Assault in the Third Degree.  Subparagraph (b) states that a violation of A.S.C.A. § 46.3522(a)(5) is a class C misdemeanor. 

 

American Samoa Administrative Code

The American Samoa Administrative Code is a collection of rules[JM11]  that have been promulgated pursuant to the Administrative Procedures Act A.S.C.A. § 4.1001 et seq.  It is organized into titles that cover broad areas of the law just lice the American Samoa Code Annotated.  They are often divided into Chapters.  Sometimes they are further divided into sub chapters, parts, and sub parts. 

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When practitioners want to discuss a provision, they often cite to a code section.  For instance, the code section for labeling fractions on consumer packages is is A.S.A.C. § 27.0632.  

The structure of the code section can tell a person where the section is in the law.  The number in front of the periods is the title, 27 Commerce and Trade.  The first two numbers after the code section are the chapter, 6 Weights and Measures.  The last two numbers indicate section itself. 

Code sections generally divided into sub sections, paragraphs, and subparagraphs.  Using A.S.A.C. § 27.0632 as an example:

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27.0632 Fractions.

(a) A statement net quantity of contents of any consumer commodity may contain common or decimal fractions. A common fraction shall be in terms of halves, quarters, eighths, sixteenths, or thirty-seconds, except that:

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(1) if there exists a firmly established general consumer usage and trade custom of employing different common fractions in the net quantity declaration of a particular commodity they may be employed; and

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(2) if linear measurements are required in terms of yards or feet, common fractions may be in terms of thirds.

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(b) A common fraction shall be reduced to its lowest terms; a decimal fraction shall not be carried out to more than 2 places.

 

There are two subsections (a) and (b).  Subsection (a) establishes a general rule for fractions on packages.  Paragraphs (a)(1) and (2) provide exceptions to the general rule.  Subsection (b) governs reducing fractions. 

 

Public Law

The numbers for each public law are issued by the Governor’s office when the law goes into effect. New legislatures are elected in every even numbered year.  Each new legislature is numbered.  The first number in the public law is the legislature and the second number is a unique identifier. 

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Except for appropriations, public laws tend to be esoteric since most laws that are passed by the legislature codified in the American Samoa Code Annotated. 

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Public laws are put in collections that are sometimes referred to as session laws, statutory updates, or session reporters. 

 

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Rules

For a rule to have the force and effect of law, the it must be promulgated pursuant to the Administrative Procedures Act.  Promulgation generally requires that a rule be published for 20 days so the public may comment on the law.  Then a hearing may be held.  Based on the comments that are received by an agency, the director or board that has authority to create rules may make changes.  Once they are satisfied, the rule is filed with both houses of the Legislature and the Secretary of American Samoa (the Lieutenant Governor).  After that, the Attorney General will assign an effective date, typically the effective date is 20 days after the rule is filed. 

In emergency, a rule may be promulgated without being published for 20 days and without waiting 20 days after filing.  Emergency rules may only be in effect for 120 days.

Once a rule is promulgated, it is incorporated into the American Samoa Administrative Code. 

[Insert rule chart here]

 

Executive Orders

Executive orders are orders from the Governor under his authority granted by the Constitution and A.S.C.A. § 4.0111.  Typically, they direct the Executive Branch to carry out its duties.  They are often issued to realign the structure of government.  For instance, the American Samoa Telecommunications Authority and the Shipyard Authority were both created by Executive Orders.