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Submit your comments/questions on S.B. NO. 39-08

Email:  fonosenate@gmail.com, to submit a .pdf version of your comments.

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SB 39-8 Impeachement PSA (SAM).jpg

A BILL FOR AN ACT ENTITLED: "AN ACT TO ENSURE THE INTEGRITY AND ACCOUNTABILITY OF PUBLIC OFFICIALS BY PROVIDING PRECISE AND COMPREHENSIVE LANGUAGE IN THE PROVISIONS GOVERNING  IMPEACHMENT, THEREBY UPHOLDING PUBLIC TRUST AND  MAINTAINING THE RULE OF LAW, AMENDING SECTION 4.0109,  A.S.C.A."

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Section 1. Section 4.0109 is amended to read as follows: 

"4.0109 

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Impeachment. 
 

(a) The Governor and the Lieutenant Governor are subject to impeachment and, upon conviction, shall be removed from office. 

(b) The Governor or Lieutenant Governor can be impeached for malfeasance  in office, corruption, dereliction of duty, or other high crimes and misdemeanors 

(b)(c)The Legislature shall provide for the manner, procedure, and causes for impeachment including for conviction of felonies and for a course of conduct amounting to a gross abuse of power, as defined by law. 

(e)(d) The House of Representatives has the sole power to bring articles of impeachment upon a vote of at least 2/3 of the entire membership. The Senate has the sole power to try impeachment, with the Chief Justice presiding, and may not convict unless at least 2/3 of the entire membership concur. The members when sitting for that purpose shall be on oath or affirmation. 

(d)(e)Conviction shall extend only to removal from office and disqualification to hold and enjoy any office of trust, honor, or profit under the Territory. The party, whether convicted or acquitted, is also liable to other 

prosecution under the law. 

(e)(f)At the appropriate time and in the appropriate manner, this section or its substance should be considered as a Constitutional Amendment to the Revised Constitution of American Samoa. 

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