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FY 2010 Supplemental Budget Act, RPPL 8-15 2010

PALAU

FIFTH OLBIIL ERA KELULAU
Fifth Regular Session, January 2010 RPPL No. 8 - 15
(Passed as: Senate Bill No. 8-130, SD4, HD4, CD1)

AN ACT

To amend RPPL No. 8-8, as amended by RPPL No. 8-11, to authorize and appropriate the sum of $58,568,107 for the general operations of the National Government of the Republic of Palau, to amend 40 PNC § 324, to amend 24 PNC § 3413, to amend 33 PNC § 702(c); and for related purposes.

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

Section 1. Short Title. This Act may be cited as "The Fiscal Year 2010 Supplemental Budget Authorization and Appropriation Act".

Section 2. Amendment. Section 2 of RPPL No. 8-8, as amended by RPPL No. 8-11, is hereby amended to read as follows:

"Section 2. Executive Branch Operations. The sum of $33,882,788 is hereby authorized and appropriated for expenditure and obligation for Fiscal Year 2010 for the purpose of covering the operational and contingent expenses of the Executive Branch. The total amount authorized to be appropriated and appropriated shall be made up of the following available revenues: The amount of $20,519,969 shall come from local revenues; the amount of $1,000,000 shall come from Compact Section 211(f) Trust Fund Investment Earnings; the amount of $135,419 which was previously appropriated under RPPL No. 8-11(3); the amount of $6,000,000 shall come from Compact Section 211(a), Current Account; the amount of $150,000 shall come from Compact Section 211©), Communications; the amount of $631,000 shall come from Compact Section 211(d), Maritime Surveillance, Health, & Scholarships; the amount of $5,349,900 shall come from Compact Section 215; and the amount of $125,500 shall come from Compact Section 211(b), Interest on Net Economic Cost Account. The total authorized and appropriated shall be allocated according to the following schedule, respectively:

(1) Office of the President

(a) President's Office 685,000

(b) Official Expense 40,000

(c) Grants Coordinator Office 77,800

. . .

Sub-Total $915,300

(2) Office of the Vice President

(a) Vice President's Office 250,000

(b) National Emergency Management Office 90,000

Sub-Total $ 340,00

(3) Ministry of Finance/Administration

. . .

(c) Bureau of National Treasury 607,762

(d) Bureau of Budget and Planning 177,057

. . .

(g) Bureau of Rev, Customs & Tax 1,034,000

Sub-Total $ 2,139,169

(4) Ministry of State

(a) Office of the Minister 40,000

(b) ROP Consulate Office in Guam 82,500

. . .

(d) ROP Embassy in Tokyo, Japan 373,800

. . .

(f) ROP Consulate Office in Saipan 35,000

(g) ROP Embassy in Manila, Philippines 128,000

. . .

(I) Office of the Public Defender 146,100

. . .

(o) International Organizations Obligations 220,000

. . .

Sub-Total $2,266,100

(5) Ministry of Community & Cultural Affairs

(a) Office of the Minister 40,000

. . .

(g) Palau Severely Disabled Assistance Fund 218,000

. . .

Sub-Total $ 937,300

(6) Ministry of Education

(a) Office of the Minister 40,000

. . .

(d) Bureau of School Administration 4,568,000

Sub-Total $ 6,318,000

(7) Ministry of Infrastructure, Industry and Commerce

(a) Office of the Minister 40,000

(b) OMIP, UNDP, & Other Grant Match 735,000

The sum of $543,200 is earmarked as matching funds for FAA/Airport Projects.

. . .

(f) Bureau of Aviation 1,222,600

. . .

(I) Water and Sewer Operations 2,525,600

. . .

(l) New Capitol Complex Electricity & Maintenance 710,000

. . .

Sub-Total $ 8,516,700

(8) Ministry of Justice

(a) Office of the Minister 40,000

. . .

(c) Bureau of Immigration 263,200

(d) Bureau of Public Safety 2,434,200

(e) Division of Marine Law Enforcement 757,600

Sub-Total $ 3,962,300

(9) Ministry of Health

(a) Office of the Minister 40,000

. . .

(c) Health Services Administration & Support Services 2,013,000

Health Administration (1,825,000)

. . .

(f) Bureau of Clinical Services 2,372,400

. . .

(h) Nursing Hiring 135,419

Sub-Total $ 7,302,019

(10) Ministry of Natural Resources, Environment & Tourism

(a) Office of the Minister 40,000

Sub-Total $ 1,185,900

Section 2 Total $ 33,882,788

. . ."

Section 3. Amendment. Section 3 of RPPL No. 8-8 is hereby amended to read as follows:

"Section 3. Boards, Commissions, and Authorities. The sum of $685,800 is authorized for appropriation and is hereby appropriated for expenditure and obligation for Fiscal Year 2010 for the purpose of funding the operational and contingent expenses of Boards, Commissions and Authorities. The entire amount of funds authorized and appropriated shall come from local revenues. The total authorization and the total appropriation shall be allocated according to the following schedule, respectively:

. . .

(10) Language Commission 25,000

Section 3 Total $685,800"

. . .

Section 4. Amendment. Section 4 of RPPL No. 8-8 is hereby amended to read as follows:

"Section. 4. Judicial Branch. The sum of $2,067,100 is authorized to be appropriated and is hereby appropriated for expenditure or obligation for Fiscal Year 2010 for the purpose of covering the operational and contingent expenses of the Judicial Branch. The total amount authorized to be appropriated and appropriated shall be made up of the following available revenues: The amount of $1,067,100 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 total appropriation shall be allocated according to the following schedule, respectively:

(1) Judiciary Authorization Appropriation

$2,067,100 $2,067,100

Section 4 Total $2,067,100 $2,067,100

Section 5. Amendment. Section 5 of RPPL No. 8-8 is hereby amended to read as follows:

"Section 5. Legislative Branch. The sum of $4,022,200 is authorized and is appropriated for expenditure and obligation for Fiscal Year 2010 for the purpose of covering the operational and contingent expenses of the Legislative Branch. The total amount authorized to be appropriated and appropriated shall be made up of the following available revenues: the amount of $3,022,200 shall come front 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:

(1) Senate 1,649,500

. . .

(3) House of Delegates 1,807,200

Section 5 Total $4,022,200

. . ."

Section 6. Amendment. Section 6 of RPPL No. 8-8 is hereby amended to add the following at the very end of section 6:

"Section 6. State Block Grants. (a) The sum of $4,811,000 is hereby authorized to be appropriated and is hereby appropriated for expenditure or obligation for fiscal Year 2010 for the purpose of State Governments' operational and capital improvement projects expenses. The entire amount of funds authorized to be appropriated and appropriated shall come from local revenues. The amount authorized for appropriation shall be available for expenditure for operations and CIP projects in accordance with 40 PNC Chapter 22. All undisbursed sums under this section held by the Ministry of Finance shall not lapse at the end of the Fiscal Year. The total authorization and total appropriation shall be allocated according to the following schedule, respectively:

(1) Aimeliik State 269,625

(2) Airai State 430,625

(3) Angaur State 232,625

(4) Hatohobei State 165,625

(5) Kayangel State 207,625

(6) Koror State 867,625

(7) Melekeok State 258,625

(8) Ngaraard State 303,625

Of this amount, $5,000 shall be earmarked to defray the cost of purchasing an ice-making machine for the Ngaraard Beluak Cooperation Association, and for other purposes related to the Ngaraard Beluak Cooperation Association.

(9) Ngerchelong State 303,625

(10) Ngardmau State 252,625

(11) Ngaremlengui State 261,625

Of this sum, $5,000 shall be earmarked for the expenses and costs incurred by the Ngaremlengui State Public Land Authority.

(12) Ngatpang State 247,625

(13) Ngchesar State 269,625

(14) Ngiwal State 252,625

(15) Peleliu State 321,625

(16) Sonsorol State 165,625

Section 6 Total $4,811,000

For the purpose of utilizing foreign grants and other funds available for marine conservation, each state that has not already done so shall, in consultation with the Ministry of Natural Resources, Environment, and Tourism, establish at least one substantial marine conservation area within a reef area subject to the jurisdiction of the state wherein it is unlawful for any person to fish for, catch, capture, kill, trap, wound, possess, transport, retain, or otherwise have under his or her control any clam, coral, crab, dugong, fish, lobster, oyster, sea cucumber, turtle, trochus, or any other form of marine life, or any part thereof at any time.

(b) Additional State Block Grants.

A one-time appropriation of an additional $80,000 is hereby authorized and appropriated for expenditure or obligation for Fiscal Year 2010 and forward to be equally distributed among the 16 states for the purpose of supplementing ongoing or new Capitol Improvement Projects. Of the amount allocated for Melekeok State, $5,000 is earmarked to defray the cost of renovating and expanding the Bai ra Ngerubesang, under the direction of the Ngara Oldesibel. For the outer island states of Sonsorol and Hatohobei, these funds may be used for Capitol Improvement Projects or for any transportation-related purpose. This amount shall come from local revenue and shall not lapse at the end of Fiscal Year 2010."

Section 7. Amendment. Section 9 of RPPL No. 8-8 is hereby amended to read as follows:

"Section 9. Education Assistance. The sum of $4,278,719 is hereby appropriated for expenditure or obligation for Fiscal Year 2010 to subsidize the educational institutions and scholarship program set forth below. The total amount authorized to be appropriated and appropriated shall be made up of the following available revenues: The amount of $1,997,719 shall come from local revenues; and the amount of $2,000,000 shall come from Compact Section 221(b)(1), Special Block Grant; and the amount of $281,000 shall come from Compact Section 215, Inflation Adjustment. The total authorization and appropriation shall be allocated according to the following schedule respectively:

(1) Palau Community College

(a) PCC Operations 2,309,500

. . .

Sub-Total $2,409,100

Section 9 Total 4,278,719

. . ."

Section 8. Amendment. Section 15 of RPPL No. 8-8, as amended by RPPL 8-11, is hereby amended to read as follows:

"Section 15. 2010 Micronesian Games. The Sum of $700,000 is authorized to be appropriated and is hereby appropriated for Fiscal Year 2010 for costs associated with the 2010 Micronesian Games. The source of $500,000 for this appropriation shall be the proceeds of the remaining balance of the Mega Bank Loan. The source of the remaining $200,000 shall be local revenue..."

Section 9. Prior Year Accounts Payable
The sum of $260,500 is hereby authorized for the purpose of settling prior year accounts payable. Of this amount, $17,370 is hereby appropriated for fiscal year 2009 accounts payable of the Palau Severely Disabled Assistance Fund.

Section 10. Amendment. Section 324 of Title 40 of the Palau National Code is hereby amended to read as follows:

". . .

(b) The President shall introduce an authorization and appropriation bill and submit annual budget documentation to the Olbiil Era Kelulau by April 15th of each year except that, for the fiscal year 2011 only, the President may submit annual budget documentation to the Olbiil Era Kelulau on or before May 31st. Sums proposed to be authorized need not be proposed for appropriation in the same bill."

Section 11. Amendment. Section 3413 of Title 24 of the Palau National Code, as amended by RPPL Nos. 7-42, 7-57, and 8-9 is hereby amended as follows:

"§ 3413. Environmental Protection Fee ('Green Fee').

(a) Thirty (30) calendar days after the effective date of this Act, every non-Palauan passport holder departing from the Republic shall be assessed, and shall pay, an environmental protection departure fee (the 'Green Fee') of fifteen dollars ($15.00) upon each departure; provided that persons traveling on a passport issued by the Republic of Palau, diplomats, transiting passengers, and masters, pilots, and other crew members of any vessel or aircraft lawfully operating as a common carrier, are exempt from assessment and payment under this section. The money generated from collection of the Green Fee shall be deposited into an account within the National Treasury that shall be separate and distinct from all other accounts. Nothing in this Act shall preclude the states from collecting tourist and visitor fees for visiting or using state resources and sites, including Protected Areas Network ("PAN") sites.

. . .

(d) Within thirty days of the effective date of this Act, the Director of the Bureau of Revenue, Customs and Taxation, with the approval of the President, shall forthwith promulgate regulations regarding collection of the Green Fee. Such regulations shall (1) be exempt from the Administrative Procedures Act, 6 PNC Chapter 1, (2) include reasonable provisions to exempt diplomatic visitors to the Republic from paying the Green Fee, and (3) require that collection of the Green Fee commence on November 1, 2009.

(e) The funds collected through the Green Fee are hereby authorized and appropriated for fiscal year 2010 in accordance with this section in the amounts received."

Section 12. Amendment. Section 702©)(2) of Title 33 of the Palau National Code is hereby amended as follows:

"(2) Executive Branch

(A) As of October 1, 2010 the President shall receive an annual salary $90,000 to be paid in equal biweekly installments while the President is in office.

(B) As of October 1, 2010 the Vice President shall receive an annual salary of $65,000 to be paid in equal biweekly installments while the Vice President is in office.

(C) As of October 1, 2010 each Minister shall receive an annual salary of $50,000 to be paid in equal biweekly installments while the Minister is in office."

The Olbiil Era Kelulau concurred that the salary of the President, Vice President and the Ministers should be streamlined with the current level of compensation across all public sectors and should commensurate with the level of responsibility and authority vested upon these positions. However, due to the limitation of funds, the President, upon effectuation of these new salary levels, must find a sustainable source to fund the new increase of salary within the Executive Branch's current budget level. Such source of funding shall be reflected in the FAA.

Section 13. Effective Date. This Act shall take effect upon its approval by the President of the Republic of Palau or upon becoming law without such approval, except as otherwise provided by law.

PASSED: May 07, 2010
Approved this 9th day of May , 2010.
/s/
Johnson Toribiong
President
Republic of Palau