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Amendment to FY 2006 Budget, RPPL 7-20 2006

SEVENTH OLBIIL ERA KELULAU
RPPL NO. 7-20
(Intro. as H.B. No. 7-111-6, HD2, SD6, CD1)

Sixth Regular Session, April 2006

AN ACT

To amend RPPL No. 7-13 and RPPL No. 7-14, to authorize and appropriate the additional sum of $200,000 from the National Treasury for the general operations of the House of Delegates; and $1,124,000 for the continuing operations of the Executive Branch, the Financial Institutions Commission, the Palau Election Commission, the Palau Public Land Authority, Head Start; and additional funding for Team Palau in the 2006 Micronesian Games for fiscal year 2006; to amend Section 6 of RPPL No. 7-15; to amend 27 PNC § 1204; and for other related purposes.

THE PEOPLE OF PALAU REPRESENTED IN THE OLBIIL ERA KELULAU DO ENACT AS FOLLOWS:

Section 1. Legislative findings. The Olbiil Era Kelulau finds it necessary to amend The Fiscal Year 2006 Annual Budget Authorization and Appropriation Act, by reinstating the line item reduction of $200,000 that was made to the House of Delegates. The House of Delegates has made an effort to comply and work within its budgetary constraints, however, the House of Delegates will not be able to effectively complete the fiscal year without a supplemental budget. The current budget of $1,620,500 falls short of its operating expenses. It is impossible for the House of Delegates to finish the current fiscal year and perform its constitutionally mandated duties without the reinstatement of the $200,000, which will bring the House of Delegates to its past general operating budget of $1,820,500. Without the reinstatement of $200,000, the House of Delegates may, at some point, be forced to close operations. For the above reasons, the Olbiil Era Kelulau finds it necessary to reinstate the House of Delegates budget level in RPPL No. 7-13.

It is also important to fund the continuing operations of the Executive Branch. This will allow for the certain government services to continue without interruption. The primary reason for an increase in the budget is due to the substantial increase in the price of fuel. The Financial Institutions Commission and the Palau Election Commission also need increased funding to carry out their duties and responsibilities. With the upcoming 2006 Micronesian Games, Team Palau is also in need of additional funding to adequately participate in the games in Saipan. The Palau Public Land Authority and the Head Start Program are also in need of additional funding.

Since the Compact of Free Association Review Commission ("Compact Commission") has been established, the funding that was authorized for appropriation for the Compact Commission needs to actually be appropriated. The amount of $250,000, which was previously authorized for appropriation, should be appropriated so that the Compact Commission may carry out its duties and responsibilities as mandated by RPPL No. 7-15. It is also important for the funding of the Compact Commission to not lapse at the end of the fiscal year. The review of the Compact of Free Association with the United States will be taking place in the near future. To properly prepare the Republic of Palau for this review, the funding for the Compact Commission is necessary.

Section 2. Amendment. Section 5 of RPPL No. 7-13, as amended by Section 3 of RPPL No. 7-14, is hereby further amended to read as follows:

"Section 5. Legislative Branch. The sum of $3,722,500 is hereby authorized to be appropriated and is appropriated for expenditure or obligation for fiscal year 2006 for the purpose of covering the operational and contingent expenses of the Legislative Branch. The total amount authorized to be appropriated and is appropriated shall be made up of the following available revenues: The amount of $2,722,500 shall come from local revenues; and the amount of $1,000,000 shall come from Compact Section 211 (f) Trust Fund Investment Earnings. The total authorization and appropriation shall be allocated according to the following schedule:

. . . .

(3) House of Delegates $1,820,500

All allocations appropriated to the House of Delegates are for the use of all Delegates, and shall be distributed for the use of all Delegates, in a fair and equitable manner by the leadership of the House of Delegates.

. . . .

(7) Government Accountability Office (GAO) 25,000

The Olbiil Era Kelulau may obtain funding from any source, including, but not limited to, grants and contributions. The $25,000 funding is only authorized for appropriation until such time that the current GAO law is amended so that the GAO shall not prosecute illegal activities. Once the GAO law is amended and enacted into law, the $25,000 is authorized and appropriated for expenditure. Any unexpended or unobligated balance of the appropriation of this subsection shall not lapse at the end of the fiscal year.

Section 5 Total $3,722,500"

Section 3. Amendment. RPPL No. 7-13 is hereby amended to read as follows:

". . . .

Section 2. Executive Branch Operations. The sum of $32,463,500 is hereby authorized to be appropriated and is appropriated for expenditure and obligation for fiscal year 2006 for the purpose of covering the operational and contingent expenses of the Executive Branch. The total amount authorized to be appropriated and is appropriated shall be made up ofthe following available revenues: The amount of $20,746,500 shall come from local revenues, provided that if local revenues are not sufficient to cover this amount, up to $954,000 may come from Compact Section 213 funds, and at least $19,792,500 shall come from local revenues; the amount of $4,000,000 shall come from Compact Section 211 (a) funds; the amount of $3,840,000 shall come from the Compact Section 215 Inflation Adjustment fund derived from Compact Section 211(a); the amount of $150,000 shall come from Compact Section 211 (c) funds and shall be applied to subsection (4)(1); the amount of $96,000 shall come from the Compact Section 215 Inflation adjustment funds derived from the inflation adjustment of Compact Section 211 (c) and shall be applied to subsection (7)(c); the amount of $631,000 shall come from Compact Section 211 (d) funds and shall be applied to subsection (8)(d); and the amount of $3,000,000 shall come from Compact Section 211 (f) Trust Fund Investment Earnings. The total authorization and the total appropriation shall be allocated according to the following schedule, respectively:

(1) . . . .

. . . .

(4) Ministry of State

(a) . . . .

. . . .

(m) Passport Office 60,000

. . . .

Sub-Total $2,328,500

(5) Ministry of Community & Cultural Affairs

(a) . . . .

. . . .

(e) Sports Facilities Maintenance & Utilities 125,000

. . . .

Sub-Total $1,001,000

. . . .

(8) Ministry of Justice

(a) . . . .

. . . .

(c) Bureau of Public Safety 2,418,000

. . . .

Sub-Total $3,948,000

. . . .

(10) Ministry of Resources & Development

(a) . . . .

. . . .

(e) Bureau of Public Works 1,554,000

Of this sum, the amount of $105,000, or so much thereof as necessary, shall be used for obtaining a landfill bulldozer and excavator; and the amount of $54,000, or so much thereof as necessary, shall be used to pay the Japan ODA banking fees.

. . . .

(h) Bureau of Lands & Survey 923,000

. . . .

(j) Water & Sewer Operations 2,315,000

. . . .

Sub-Total $6,765,000

Section 2 Total $32,463,500

Section 3. Boards, Commissions, and Authorities. The sum of $701,000 is hereby authorized to be appropriated and is appropriated for expenditure or obligation for fiscal year 2006 for the purpose of covering the operational and contingent expenses of Boards, Commissions and Authorities. The entire amount of funds authorized to be appropriated and is appropriated shall come from local revenues. The total authorization and the total appropriation shall be allocated according to the following schedule, respectively:

(1) . . . .

(2) Palau Election Commission 140,000

. . . .

(4) Palau Public Land Authority 150,000

Of this sum, the amount of $50,000 shall be used to hire an attorney.

. . . .

(8) Financial Institutions Commission 115,000

. . . .

Section 3 Total $701,000

. . . .

Section 8. Other Agencies and Activities. The sum of $2,114,000 is hereby authorized to be appropriated and is appropriated for expenditure or obligation for fiscal year 2006 as grants or subsidies for recurring programs and activities. The total amount authorized to be appropriated and appropriated shall be made up of the following available revenues: the amount of $1,114,000 shall come from local revenues; and the amount of $1,000,000 shall come from Compact Section 211 (a) funds. The total authorization and appropriation shall be allocated according to the following schedule, respectively:

(1) . . . .

. . . .

(4) Head Start Program 120,000

Of this sum, the amount of $35,000, or so much thereof as necessary, shall be used for the building improvements to the Head Start building in Airai State.

. . . .

(9) Palau Nat'l Olympic Comm. & Sports Organizations 365,000

Of this sum, the amount of $250,000, or so much thereof as necessary, shall be used to defray the cost of Team Palau in the2006 Micronesian Games, the amount of $15,000, or so much thereof as necessary, shall be used to defray the cost of the Palau wrestling and weightlifting teams in the 2006 Oceania Games, and the amount of $6,000,. . . .

. . . .

Section 8 Total $2,114,000

. . . ."

Section 4. Amendment. Section 419 of Title 33 of the Palau National Code is hereby amended to read as follows:

"§419. Same; within-grade and merit increases. An employee, whose position is classified into the base salary schedule in 33 PNC §702(a), may be granted a within-grade increase upon completion of the following periods of satisfactory performance at the following steps in the rate ranges of the base salary schedule:

STEPS Full period of satisfactory performance required before within-grade increase may be allowed

1 to 2 1 year

2 to 3 1 year

3 to 4 1 year

4 to 5 1 year

5 to 6 2 years

6 to 7 2 years

7 to 8 2 years

8 to 9 2 years

9 to 10 3 years

10 to 11 3 years

11 to 12 3 years

12 to 13 3 years

13 to 14 4 years

An employee may additionally be granted a merit increase not to exceed a one step increase in the base pay rate in any one-year period for sustained superior performance over such period. Such additional merit increase will not alter the waiting period required for qualifying for the next within-grade step increase. No employee shall be compensated above the maximum prescribed for his or her pay level except where he or she was receiving such compensation on the effective date of this division. The Director of the Public Service System shall promulgate rules and regulations to administer the application of merit increases, within 90 days after the effective date of this Act, in accordance with 6 PNC Chapter l."

Section 5. Amendment. Section 6 of RPPL No. 7-15, the Act that establishes the Compact of Free Association Review Commission, is hereby amended to read as follows:

"Section 6. Authorization and appropriation. The sum of $250,000 is hereby authorized to be appropriated and is appropriated for expenditure and obligation for fiscal year 2006 for the Commission and its purposes of carrying out the provisions of this Act. The total amount authorized to be appropriated and is appropriated shall come from local revenues. Any unexpended or unobligated balance of the appropriation of this section shall not lapse at the end of the fiscal year.

Section 6. Amendment. 27 PNC § 1204, as amended by RPPL No. 7-18, is hereby further amended, and 27 PNC § 1206 is hereby amended, to read as follows:

"§1204. Prohibited acts.

Within the Republic of Palau, including the internal waters, territorial sea, and exclusive economic zone as defined in this chapter, all other waters over which the Republic has jurisdiction in accordance with international laws, and all land over which the Republic has jurisdiction, it shall be unlawful for any person to:

(a) fish for, sell, receive, export, cause to be exported, possess, or buy any of the following species, only if such species originated in the Republic of Palau, provided however that cultured species of the marine resources listed in this subsection shall be exempt from the prohibition of this subsection, of groupers (temakai, tiau) from April l to July 31, inclusive:

. . . .

(b) fish for, sell, buy, receive, possess, export, or cause to be exported any of the following species, only if such species originated in the Republic of Palau:

. . . .

(c) export, cause to be exported, fish for, sell, buy, receive, or possess the following species, only if such species originated in the Republic of Palau:

. . . .

(d) fish for, sell, receive, export, cause to be exported, posses, or buy rabbitfish (meyas, siganus canaliculatus), only if such species originated in the Republic of Palau, from February 1 to March 31, inclusive.

(e) fish for, sell, receive, posses, export cause to be exported or buy the following species of rock lobsters (cheraprukl): raiklus, bleached, or melech smaller than three and one-half (3 1/2) inches in total length of the carapace, as measured from the tip of the rostrum to the end of the carapace, or a berried female of any size whatsoever, only if such species originated in the Republic of Palau;

. . . .

(g) export black teatfish . . . . only if such species originated in the Republic of Palau; provided, however, that cultured species of the marine resources listed in this subsection shall be exempt from the prohibition of this subsection;

(h) export sea cucumbers . . . ., only if such species originated in the Republic of Palau; provided, however, that cultured species of the marine resources listed in this subsection shall be exempt from the prohibition of this subsection;

(i) fish for, sell, buy, receive, possess, export, or cause to be exported any coconut crab . . . . whatsoever, only if such species originated in the Republic of Palau;

(j) fish for, sell, buy, receive, possess, export or cause to be exported any mangrove crab (Scylla serrata) smaller than six (6) inches in the greatest distance across the width of its carapace or a berried female mangrove crab of any size whatsoever, only if such species originated in the Republic of Palau;

(k) export clam . . . ., only if such species originated in the Republic of Palau; provided, however, that cultured species of the marine resources listed in this subsection shall be exempt form the prohibition of this subsection;

. . . .

§ 1206. Regulations. The Minister may promulgate such rules and regulations, in accordance with 6 PNC Chapter 1, as he or she deems necessary to protect the species identified in Section 1204 of this Chapter from overharvesting, or to otherwise carry out the purposes of this chapter. Within 90 days after the effective date of this Act, the Minister, after consulting with the Chief of the Division of Fish and Wildlife Protection, and the Attorney General, shall promulgate such rules and regulations, in accordance with 6 PNC Chapter 1, regarding the importation of all of the species listed in § 1204 into the Republic of Palau, and regarding the lawful use of such species, these rules and regulations shall include provisions regarding: documentation regarding where such species was purchased, and from where it originated, how long such documentation must be maintained, details of the importer, and any other information that may be necessary to show from where the species was imported."

Section 7. Effective date. This Act shall take effect upon its approval by the President of the Republic, or upon its becoming law without such approval.

PASSED: June 15, 2006
Approved this 20th day of June , 2006.
/s/
Tommy E. Remengesau, Jr.
President, Republic of Palau