Home | Databases | WorldLII | Search | Feedback Palau Sessional Legislation

Amendment to Palau National Code Commission, RPPL 7-51 2008

SEVENTH OLBIIL ERA KELULAU
RPPL No. 7-51
Twenty-Eighth Special Session, October 2007 (Re: as Senate Bill No. 7-204,
SD1, HD2, CD1, PD1)

AN ACT

To amend 18 PNC § 404, 33 PNC § 702, 39 PNC § 813, 40 PNC § 322, 40 PNC § 1104, pursuant to the recommendations of the Palau National Code Commission, and for other related purposes.

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

Section 1. Legislative findings. The Palau National Code Commission is in the process of supplementing and revising the Palau National Code. During the editing process conducted by the Commission, members identified five provisions that lack clarity but were beyond their power to correct. The Chief Justice of the Supreme Court has urged the Olbiil Era Kelulau to correct these remaining ambiguities through legislation. To effectuate the foregoing, the following amendments are made to the Palau National Code.

Section 2. Amendment. 18 PNC § 404 (a) (1) is hereby amended to read as follows:

"§ 404. Sanctions.

(a) 1) If no complaint or information against an individual is filed until after the time limit required by section 403(b) as extended by section 403(h) has passed, any such charge against that individual contained in such untimely complaint shall be dismissed or otherwise dropped. In determining whether to dismiss the case with or without prejudice, the court shall consider, among others, each of the following factors: the seriousness of the offense; the facts and circumstances of the case which led to the dismissal; and the impact of a re-prosecution on the administration of sections 403 and 404 and on the administration of justice.

. . . ."

Section 3. Amendment. 33 PNC § 702(c)(1)(C), as amended by RPPL 7-13, is Page 1 of 3 hereby amended to read as follows:

(C) Associate Judges of the Court of Common Pleas shall receive an annual salary of $55,000, if he or she is an attorney, and $25,000 if he or she is not, as determined by the Chief Justice. The Senior Judge of the Court of Common Pleas shall receive an annual salary of $60,000 if he or she is an attorney, and $28,000 if he or she is not an attorney, as determined by the Chief Justice. Full-Time Associate Judges of the Land Court shall receive an annual salary of $60,000 if he or she is an attorney, and shall receive an annual salary of between $30,000 and $45,000, as determined by the Chief Justice, if he or she is not an attorney. Part-Time Associate Judges of the Land Court shall be paid based on an annual salary to be determined by the Chief Justice but in no case shall it be more than $35,000 annually. The Senior Land Court Judge shall receive an annual salary of not less than $65,000 and not more than $70,000, exclusive of housing and other benefits, as determined by the Chief Justice."

Section 4. Amendment. 40 PNC § 322, as amended by RPPL No. 7-7, is hereby amended to read as follows:

"§ 322. Budget call. The President shall issue a budget call and prescribe the format, order, arrangement, and contents of the annual budget for all budget activities. The annual budget amounts of any budget activity that fails to respond to the budget call on or before the 2nd Tuesday of February; said annual budget activity shall be established by the President."

Section 5. Amendment. 40 PNC § 1104, as amended by RPPL No. 7-13, is hereby amended to read as follows:

"§ 1104. Refunds; contributions to the nonprofit corporations.

If it is shown upon application by an employee that there has been withheld from his wages or salary any tax not due thereon, then the Director Page 2 of 3 shall refund the amount overpaid within 30 days from the application. If an employee files with the Director a verified receipt indicating money paid for preschool, elementary, secondary or post secondary school tuition for his own children or those under his guardianship, or financial contributions made by such employee to the Palau Community College or nonprofit corporations during the tax year, which all non-profit corporations are subject to regulations and must meet the criteria of eligibility for the individual to receive a financial contributions tax refund then the Director shall refund such amounts within 90 days after the end of the tax year; provided that the amount of such a refund shall not exceed 10 percent of the income taxes paid by that employee in that tax year. Eligibility shall be based upon promulgation of regulations by the Minister of Finance, pursuant to Administrative Procedure Act, 6 PNC Chapter 1."

Section 6. Effective date. This Act shall take effect upon its approval by the President of the Republic of Palau, or upon its becoming law without such approval.

PASSED: July 23, 2008

Approved this 6th day of August , 2008.

/s/_____________
Tommy E. Remengesau, Jr.
President of the Republic