Constitutional Convention, State of Kosrae

“ No person is eligible to serve as a Senator unless he has been, at the time of election or appointment, a citizen of the Federated States of Micronesia for not less than ten years, a resident of the State for not less than five consecutive years immediately preceding the election, and a resident of his electoral district for a period of not less than one year immediately preceding the election or appointment, and is able to read and write, and is not less than twenty-five years of age on the day of election. ”

“ The State Government may acquire interests in private land for a public purpose without the consent of the interested parties. The acquisition may occur upon payment of fair compensation and the State Government's showing that the land and the interest are highly suited to their intended use, that it has made a good faith effort to gain the consent of the interested parties, and that it has made every reasonable effort to avoid substantial hardship to the interested parties in consideration of their personal circumstances. ”

“ No Senator may be held to answer before any other tribunal for any statement made or action taken in the exercise of his legislative functions, and Senators are, in all cases except felony or breach of the peace, privileged from arrest during their attendance at sessions or committee meetings of the Legislature, and in going to and returning from the same.
Section 9. Senators receive compensation as prescribed by law. No law increasing compensation may take effect until the end of the term of office for which the Senators voting thereon were elected. ”

“ A person has the right to a healthful, clean, and stable environment. While providing for the orderly development and use of natural resources, the State Government shall by law protect the State's environment, ecology, and natural resources from impairment in the public interest. ”

“ An official is removed from office with the approval of a majority of the persons voting in the election. A recall petition may not be filed against an official during the first year of his term of office.
Section 2. The Governor, Lieutenant Governor or a justice of the State Court may be removed from office upon conviction of impeachment for misfeasance or malfeasance in office, or for conviction of a felony. A justice of the State Court may be impeached by a petition from the Governor setting forth in detail the grounds of impeachment. ”

“ No Senator may hold another public office or public employment, nor may he for one year succeeding the term for which he was elected or appointed, be elected or appointed to any public office or employment which was created, or which had its emoluments increased, by legislative act during such term. ”

“ Any vacancy in the Legislature is filled for the unexpired term by special election, except that an unexpired term of less than one year is filled by appointment by the Governor of a resident of the electoral district in which the vacancy exists. ”

“ A declaration of emergency may not impair the power of the judiciary. A declaration of emergency may impair a civil right to the extent actually required for the preservation of peace, health, or safety. ”

“ The lawful authority to perform marriage ceremonies shall not be vested in those individuals who hold public office, including the Governor, Lieutenant Governor, Speaker, Vice Speaker, or any State Court justices. ”

“ No law may be passed except by bill. A law may embrace but one subject, which is expressed in its title. The enacting clause of each law is, “Be it enacted by the Kosrae State Legislature.”
Section 15. No bill may become law unless it passes two readings in the Legislature on separate days. No bill may pass final reading unless printed copies of the bill in the form to be passed have been made available to the Senators. Resolutions may be adopted upon a single reading in the Legislature. ”

“ The person or pair receiving a majority of votes cast wins. If no person or pair receives a majority of the votes cast, a special election shall be held between the two persons or pairs receiving the highest number of votes in the general election. In the event that an independent candidate prevails over a pair of candidates on the same ticket, and there is no majority vote for an independent candidate for the office not filled by the prevailing independent candidate, then a special election shall be held to fill the office left vacant. ”

“ The Legislature is the judge of the qualifications of Senators and may, for misconduct, disorderly behavior, or neglect of duty by a Senator, punish the Senator by censure or upon a vote of three-fourths of the Senators, by suspension or expulsion of the Senator. ”

“ Upon receipt of a veto message from the Governor, the Legislature may reconsider the vetoed bill, or the item or items vetoed, and again vote upon the bill, the item or items. The vetoed bill, item or items, become law if approved by a vote with four-fifths of the Senators on one reading. If, upon receipt of a veto message from the Governor, the Legislature is not in session or recess, the Legislature may reconsider the vetoed bill, item or items, in the next regular or special session. ”

“ The right of the people to be secure in their persons, houses, papers, and other possessions against unreasonable search, seizure, or invasion of privacy may not be violated. A warrant may not issue except on probable cause, supported by affidavit particularly describing the place to be searched and the persons or things to be seized. ”

“ Reapportionment of the Legislature shall be made on the basis of population every ten years.
Section 4. Senators are elected at a general election. The term of office is four years, beginning at noon on the second Tuesday of January following the general election, and ending at noon on the second Tuesday of January following the next general election, except that a Senator may not hold the same office for more than three consecutive terms and is ineligible to hold the same office until at least four years have passed since his last day in office. ”

“ No justice may sit with the appellate division in a case heard by him in the trial division. At least three justices shall hear and decide appeals. In case of vacancy in the office of the Chief Justice, or if he is ill, absent, or otherwise unable to serve, the most senior associate justice serves temporarily in his place. The most senior associate has the longest tenure.
(Amended by 1995 Con. Con.)
Section 3. The Governor nominates and appoints the Chief Justice and associate justices with the advice and consent of three-fourths of the Senators. ”

“ Any conveyance of land from a parent or parents to a child or children, may be subject to such conditions as the parent or parents deem appropriate, provided, that such conditions are in writing at the time of conveyance and duly reflected in the certificate of title. ”

“ Additional associate justices may be added by law. Retired justices, justices pro tempore qualified by law, and sitting justices from other jurisdictions within the Federated States of Micronesia may serve at the request of the Chief Justice. Each justice is a member of both the trial division and the appellate division, except that sessions of the trial division may be held by one justice. ”