Article XIII

MUNICIPALITIES

     Section 1.  The two levels of government in the State of Chuuk are state and municipal.  The chief executive of a municipality is the Mayor.

     Section 2.  The following are the municipalities in the State of Chuuk: Weno, Fono, Tonoas, Fefen, Parem, Siis, Uman, Udot, Eot, Ramanum, Fanapanges, Polle, Paata, Wonei, Tol, Nema, Losap, Piis-emmwar, Namoluk, Ettal, Moch, Kuttu, Ta, Satowan, Lukunoch, Oneop, Houk, Polowat, Tamatam, Pollap, Onoun, Makur, Onou, Unanu, Piherarh, Nomwin, Fananu, Ruo, and Murilo.

     Section 3.  The Legislature may prescribe the conditions and procedures for the admittance of a new municipality and of new territory as a municipality, but upon admission each new municipality shall enjoy the same powers and privileges, and shall be subject to the same obligations, as existing municipalities.

     Section 4.  The jurisdiction of a municipal government extends to the sea area within the surrounding reefs of the islands which are included within the municipality.

     Section 5.  Each municipality shall adopt its own constitution within limits prescribed by this Constitution and by general law.  A municipal constitution shall be democratic and may be traditional.  The powers and functions of a municipality with respect to its local affairs and government are superior to statutory law.  The Legislature shall provide enabling legislation to carry out the purpose of this section.

Case annotations:  The general grant of the taxing power to the state, which allows taxing power to be delegated to the municipalities, is not an exclusive grant preventing municipalities from levying taxes.  Wainit v. Weno, 7 FSM Intrm. 121, 123 (Chk. S. Ct. Tr. 1995).

A municipality in Chuuk has the power to tax so long as the state has not preempted the area.  Wainit v. Weno, 7 FSM Intrm. 121, 123 (Chk. S. Ct. Tr. 1995).

     Section 6.  A municipality existing on the effective date of this Constitution shall continue to exercise its powers and functions under existing law, pending adoption of its constitution.

     Section 7.  The State Government has the power to regulate inter-municipal commerce.