Amended by State Law
7-99.
Section 13.520. Failing to make commercial disclosure.
Failing to make
commercial disclosure is being a commercial bank or lending institution and
failing to disclose in connection with any savings account, checking account,
loan, shipping transaction or other commercial transaction the fees which are to
be charged in connection therewith, including all interest which is to be
assessed or granted, the rate and terms of any interest, including penalty and
forfeiture terms, the precise manner in which any such interest will accrue or
be assessed, and in the case of a loan, the dollar amount to be paid as
interest. Disclosure is in writing and provided in both English and
Kosraean. Failing to make commercial disclosure is a category one
misdemeanor.
Section 13.521. Unfair business practice.
Unfair business
practice is any of the following acts:
(1) Passing off goods or services as those of
another;
(2) Causing likelihood of confusion or of
misunderstanding as to the source, sponsorship, approval, or certification of
goods or services;
(3) Causing likelihood of confusion or misunderstanding
as to affiliation, connection, or association with, or certification by,
another;
(4) Using deceptive representations or designations of
geographic origin in connection with goods or services;
(5) Representing that goods or services have
sponsorship, approval, characteristics, ingredients, uses, benefits, or
quantities that they do not have or that a person has a sponsorship, approval,
status, affiliation, or connection that he does not have;
(6) Representing that goods are original or new if they
are deteriorated, altered, reconditioned, reclaimed, used, or
secondhand;
(7) Representing that goods or services are of a
particular standard, quality, or grade, or that goods are of a particular style
or model, if they are of another;
(8) Disparaging the goods, services, or business of
another by false or misleading representation of fact;
(9) Advertising goods or services with intent not to
sell them as advertised;
(10) Advertising goods or services with intent not to
supply reasonable public demand, unless the advertisement discloses a limitation
of quantity;
(11) Making false or misleading statements of fact
concerning the reasons for, existence of, or amounts of price
reductions;
(12) Engaging in any other conduct which similarly
creates a likelihood of confusion or of misunderstanding;
(13) Including in the price of an item at first sale the
cost of anything other than:
(a) cost of the goods;
(b) actual charges for inland and overseas freight;
(c) insurance;
(d) import taxes, duties and bank
charges;
(e) van charges;
(f) handling and stevedoring charges;
and
(g) a sum not greater than 50% of the cost of the
goods;
(14) Including in the price of a second or subsequent
sale the cost of anything other than;
(a) the price paid or promised to be paid to the
previous seller;
(b) actual charges for transportation of goods from
place of previous sale in the State to place of second sale; and
(c) a sum not greater than 20% of the price paid or
promised to be paid to the previous seller;
(15) Failing to display at sale the price of an item
offered for sale in a manner clearly visible to the buyer; or
(16) Failing to separate wholesale and retail records or
to distinguish between goods being sold at wholesale and goods being sold at
retail. Unfair business practice is a category one
misdemeanor.
Section 13.522. Antitrust.
Antitrust is combining
with one or more to create or use an existing combination of capital, skill or
acts intending:
(1) To create or carry out restrictions in trade or
commerce.
(2) To limit or reduce the production, or increase the
price of, merchandise or of a commodity.
(3) To prevent competition in the manufacture, making,
transportation, sale, or purchase of any merchandise, produce or
commodity.
(4) To discriminate in price between different
purchasers of commodities of like grade and quality, where the effect of such
discrimination is to substantially lessen competition or tend to create a
monopoly in a line of commerce, except that differentials in price which make
allowance only for differences in the cost of manufacture, sale or delivery
resulting from the differing methods or quantities in which such commodities are
to be purchased, sold and delivered are permitted.
(5) To make or enter into or carry out any contract,
obligation or agreement by which the persons do any of the following
acts:
(a) bind themselves not to sell, dispose of or transport
any article or commodity below a common standard figure or fixed
value.
(b) agree to keep the price of such article, commodity
or transportation at a fixed or graduated figure.
(c) establish or set the price of any article, commodity
or transportation between them or themselves and others, so as directly or
indirectly to preclude free and unrestricted competition among themselves in the
sale or transportation of any such article or commodity.
(d) agree to pool, combine directly or indirectly, or
unite any interest connected with the sale or transportation, of an article or
commodity intending to affect the price of the article or commodity.
Antitrust is a category one misdemeanor.
Section
13.523. Unauthorized procuring of aquatic
life.
Unauthorized procuring
of aquatic life is any of the following:
(1) Any violation of Section 19.417;
(2) Any violation of Section 19.413;
(3) Any violation of Section 19.411;
(4) Procuring fish or other aquatic life from midnight
Saturday to midnight Sunday; and
(5) Engaging in the commercial harvesting, commercial
processing, or commercial exportation of sea cucumbers without a permit, in
violation of any permit conditions, or in violation of regulation(s) drafted
pursuant to Section 11.1102; or
(6) Possessing more than five (5) sea cucumbers without
a permit, in violation of any permit conditions, or in violation of regulations
drafted pursuant to Section 11.1102.
Unauthorized procuring of
aquatic life is a category one misdemeanor.
Background
Amended by State
Laws 4-116, 5-139, and 5-196. Former Subsections (10) and (11 [now
Subsections (5) and (6)] were added by State Law 7-78. Amended by State
Law 7-99.
Section
13.524. Endangering a species.
Endangering a species
is taking, possessing, exporting or engaging in any commercial activity
concerning any endangered species of plant or animal, as such are identified by
regulations published pursuant to Title 19 or Section 11.1601.
Endangering a species is a
category one misdemeanor.
Background
Amended by State Law
7-99.
Section
13.525. Violating marine space.
Violating marine space
is entering or remaining within the marine space of the State without having
complied with Sections [14.1101 and 14.1102] This section does not apply to a
person aboard a ship entering for innocent passage, stress of weather or force
majeure. Violating marine space is a category one misdemeanor.
Section
13.526. Unauthorized foreign business.
Unauthorized foreign
business is engaging in business as defined in Section 15.303(5) of the Kosrae State Code without
having complied with Section 15.304 of the Kosrae State Code, or
engaging in business not authorized by a Foreign Investment Permit (issued by
the FSM or Kosrae State), or failing to comply with the provisions of the Kosrae
State Foreign Investment Regulations. Unauthorized foreign business is a
category one misdemeanor.
Background
Amended by State Law
6-163.
Section 13.527. Unauthorized noncitizen employment.
Unauthorized
noncitizen employment is being a noncitizen employee or being an employer of a
noncitizen and failing to comply with Chapter 5 of Title 15. Unauthorized
noncitizen employment is a category one misdemeanor.
Section 13.528. Failure to obtain a certificate of freedom from
communicable disease.
Failure to obtain a
certificate of freedom from communicable disease is being a nonresident
worker and failing to possess a certificate issued pursuant to Chapter 13 of Title 12
certifying that the worker and members of his accompanying family are free from
communicable disease or failing to take a physical examination within ten days
of entry into the State. Failure to obtain a certificate of freedom from
communicable disease is a category three misdemeanor.
Section
13.529. Failing to tend a fire.
Failing to tend a fire
is starting a fire during a heavy wind or without sufficient help present to
control the fire, or failing to watch the fire or designate a competent person
to watch the fire until it is put out. Failing to tend a fire is a
category three misdemeanor.
Section 13.530. Polluting.
Polluting is wilfully
or negligently discharging pollutants in violation of Chapter 4 of Title 7
or in violation of any condition or limitation included in a permit issued
pursuant to Chapter 4
of Title 7 or, in the case of introduction of pollutants into publicly
owned treatment works, violating a pretreatment standard or toxic effluent
standard. Polluting is a category one misdemeanor.
Section 13.531. Possessing a controlled substance.
Possessing a
controlled substance is knowingly or intentionally possessing a controlled
substance unless such substance was obtained directly from or pursuant to a
valid prescription or order of a practitioner while acting in the course of his
professional practice. Possessing a controlled substance other than
marijuana is a category one misdemeanor. Possessing one ounce or less of
[marijuana] is a category three misdemeanor. Possessing more than one
ounce but less than two and two-tenths pounds of marijuana is a category two
misdemeanor. Possessing two and two-tenths pounds of marijuana or more is a
category one misdemeanor.
Background
Amended by State Law
4-35.
Section 13.532. Trafficking in controlled substance.
Trafficking in
controlled substance is knowingly or intentionally manufacturing, delivering or
possessing with intent to manufacture, deliver or dispense a controlled
substance or creating, distributing or possessing with intent to deliver a
counterfeit controlled substance. Trafficking in a controlled substance is
a category one felony.
Section 13.533. Aiding a suicide.
Aiding a suicide is
knowingly assisting a person in the taking of his own life. Aiding a
suicide is a category three felony.
Section 13.534. Unlawful Pigeon Hunting.
Unlawful pigeon
hunting is the taking, wounding, or killing of any pigeon from the first day of
February to the thirty-first day of December inclusive, or during January from
midnight Saturday to midnight Sunday. Unlawful pigeon hunting is a
category one misdemeanor.
Background
Added by State Law
4-143 and amended by State Law 5-98.
Section
13.535. Providing tobacco to a
minor.
Providing tobacco to a
minor is selling or delivering a tobacco-containing product to, or for the use
of, a person under eighteen years of age, knowing that the person receiving or
to be using the tobacco containing product is under eighteen years of age.
Providing tobacco to a minor is a category two misdemeanor.
Background
Added by State Law
5-54.
Section 13.535 [13.536]
Building code violation.
In addition to any
other remedy or penalty available by law, any person, having been served with an
order of the Building Officer, who shall fail to comply with such order within
the time fixed by the Building Officer, and any owner, builder, architect,
tenant, contractor, subcontractor, construction superintendent or their agents,
or any other person taking part or assisting in the construction or use of any
building or who knowingly [violates] any of the applicable provisions of the
Kosrae State Building Code is, upon conviction, guilty of a category four
misdemeanor. Each day of the violation constitutes a separate
offense.
Background
Added by State
Law 5-75.
Section 13.537. Display of indecent material in a place where minors may
frequent.
Display of indecent
material to minors in a place where minors may frequent is the exhibition of
indecent material in a public place, including a business open to minors, except
under circumstances where reasonable care is taken to avoid view by minors.
Indecent material is material, taken as a whole, the predominant appeal of
which to the average person, applying contemporary community standards of the
State of Kosrae, is to a shameful or morbid interest in nudity, sex, or
excretion; and is matter which taken as a whole goes substantially beyond
customary limits of candor in description or representation of such matters,
giving due consideration to the preservation of custom and tradition; and is
matter which taken as a whole is utterly without redeeming social importance for
minors. Display of indecent material in a place where minors may frequent
is a category three misdemeanor.
Background
Added by State
Law 5-203.
Section 13.538. Possession of a firearm by a Minor.
A minor, above the age
of fourteen, who has in his or her possession or under his or her custody or
control a firearm shall be guilty of a Category 4 misdemeanor. The State
shall confiscate the firearm found in the possession of any minor and return it
to its rightful owner or to the minor when the minor reaches the age of
eighteen. Under this section firearm shall mean any device that is capable
of discharging any projectile through a barrel by the force of explosion, a form
of combustion, spring action, air pressure or CO2 cartridges. Firearms
shall include all rifles, guns, BB or pellet devices.
Background
Added by State Law
7-7 as Section 13.538. State Laws 7-9 and 7-18 also enacted
unrelated provisions as Section 13.538 (see Background for Section 13.540
and Section 13.541 below. The provision added by State Law 7-9 was
renumbered by State Law 7-95 as Section 13.540. The provision added by
State Law 7-18 was renumbered by State Law 7-95 as Section
13.541.
Section
13.539. Providing a firearm to a Minor.
Any person who
provides a firearm to a minor shall be guilty of a Category 1 misdemeanor.
Under this section firearm shall mean any device that is capable of
discharging any projectile through a barrel by the force of explosion, a form of
combustion, spring action, air pressure or CO2 cartridges. Firearms shall
include all rifles, guns, BB or pellet devices.
Background
Added by State Law
7-7.
Section 13.540. Importation, possession and selling of firecrackers and
fireworks.
Importation of
firecrackers and fireworks is the act of bringing or procuring firecrackers and
other fireworks into the State. Possession of firecrackers and fireworks,
designed for amusement purposes, is having control of any of the following:
firecrackers and fireworks designed for amusement. Selling firecrackers
and fireworks for amusement under this section includes selling, furnishing,
trading, giving away of firecrackers and fireworks designed for
amusement.
(a) Importation and selling of firecrackers and
fireworks is a Category 2 misdemeanors.
(b) Possession of firecrackers or fireworks is a
Category 4 misdemeanor.
Background
Added by State Law
7-9 as Section 13.538. State Laws 7-7 and 7-18 also enacted unrelated
provisions as Section 13.538 (see Background for Section 13.538 above and
Section 13.541 below). The provision added by State Law 7-7 was renumbered
by State Law 7-95 as Section 13.538. The provision added by State Law 7-18
was renumbered by State Law 7-95 as Section 13.541.
Section
13.541. Endangering the Kosrae White-eye.
Endangering the Kosrae
White-eye or "Trum" is the killing, injuring, capturing, possessing or
exporting of the Kosrae White-eye or "Trum." Endangering the
Kosrae White-eye is a category three misdemeanor.
Background
Added by State Law
7-18 as Section 13.538. State Laws 7-7 and 7-9 also enacted
unrelated provisions as Section 13.538 (see Background for Section 13.538
and Section 13.540 above. The provision added by State Law 7-7 was
renumbered by State Law 7-95 as Section 13.538. The provision added by
State Law 7-9 was renumbered by State Law 7-95 as Section
13.540.
Section 13.542. Marine resource violation.
Marine resource
violation is committing any act in violation of Section 19.401. Marine
resource violation is a category one misdemeanor.
Background
Added by State Law
7-99.
Section
13.543. Unauthorized foreign fishing.
Unauthorized foreign
fishing is fishing in violation of Section 19.402 or Section 19.403.
Unauthorized foreign fishing is a category three felony.
Background
Added by State Law
7-99.
Section
13.544. Unauthorized fishing.
Unauthorized fishing
is fishing in violation of Section 19.404, Section 19.405 or Section 19.406.
Unauthorized fishing is a category one misdemeanor.
Background
Added by State Law
7-99.
Section 13.545. Unauthorized development or activity in the State fishery
waters.
Unauthorized
development or activity in the State fishery waters is any act in violation of
Section 19.407. Unauthorized development or activity in the State fishery
waters is a category one misdemeanor.
Background
Added by State Law
7-99.
Section 13.546. Unauthorized destruction to marine environment.
Unauthorized
destruction to marine environment is any act in violation of Section 19.409 or
Section 19.410. Unauthorized destruction to marine environment is a
category three felony.
Background
Added by State Law
7-99.
Section
13.547. Placement of fishing nets in
navigational channels.
Placement of fishing
nets in navigational channels is any act in violation of Section 19.412.
Placement of fishing nets in navigational channels is a category one
misdemeanor.
Background
Added by State Law
7-99.
Section
13.548. Unauthorized import or export of
marine resources.
Unauthorized import or
export of marine resources is any act in violation of Section 19.414, Section
19.415, or Section 19.416. Unauthorized import or export of marine
resources is a category one misdemeanor.
Background
Added by State Law
7-99.
Section
13.549. Reckless operation of a motor driven
vessel.
Reckless operation of
a motor driven vessel is any act in violation of Section 19.418(1).
Reckless operation of a motor driven vessel is a category one
misdemeanor.
Background
Added by State Law
7-99.
Section
13.550. Negligent operation of a motor driven
vessel.
Negligent operation of
a motor driven vessel is any act in violation of Section 19.418(2).
Negligent operation of a motor driven vessel is a category three
misdemeanor.
Background
Added by State Law
7-99.
Section 13.551. Operating a motor driven vessel under the influence.
Operating a motor
driven vessel under the influence is any act in violation of Section 19.419.
Operating a motor driven vessel under the influence is a category one
misdemeanor.
Background
Added by State Law
7-99.
Section
13.552. Tampering with marine devices.
Tampering with marine
devices is any act in violation of Section 19.420 or Section 19.421.
Tampering with marine devices is a category one
misdemeanor.
Background
Added by State Law
7-99.
Section
13.553. Unauthorized fishing gear or
equipment.
Unauthorized fishing
gear or equipment is any act in violation of Section 19.422, Section 19.423,
Section 19.424, Section 19.425, or Section 19.426. Unauthorized fishing
gear or equipment is a category three misdemeanor.