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Increase Palau Severely Disabled Assistance Fund and FY 2016 Supplemental, RPPL No. 9-55 2015

REPUBLIC OF PALAU

NINTH OLBIIL ERA KELULAU
Ninth Regular Session, February 2015

RPPL No. 9-55

Passed as Senate Bill No. 9-146, HD2, CD1

AN ACT

To amend Section 8503 of Title 34 of the Palau National Code to increase the monthly stipend for individuals receiving assistance from the Palau Severely Disabled Assistance Fund, to amend RPPL 9-46 to authorize and appropriate additional funds for Fiscal Year 2016, to repeal Chapter 25 of Title 40 of the Palau National Code, 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 that, since its creation in 2002, the Palau Severely Disabled Assistance Fund has provided necessary and valuable financial assistance to homebound, wheelchair-bound, and blind individuals. However, the cost of living has increased since RPPL No. 6-26 set the rate for monthly stipends at $50 per month for homebound individuals and $30 for wheelchair-bound or blind individuals. Cost of living adjustments have been implemented over the past two years by providing a gradual raise in the minimum wage and in the public service system salary schedule. Now it is appropriate to make a similar cost of living adjustment for individuals in the Palau Severely Disabled Assistance Fund.

Section 2. Amendment.

34 PNC § 8503 is amended to state as follows:

"§ 8503. Monthly stipend.

Those individuals who are determined by the Ministry to be homebound and need twenty-four (24) hour per day care will be eligible to receive a monthly stipend of one hundred dollars ($100) per month. Those individuals who are determined by the Ministry to be wheelchair-bound and/or blind, shall be eligible to receive a monthly stipend of seventy-five dollars ($75) per month. The minister may increase the monthly stipends if it is determined that there are available funds in the fund."

Section 3. Amendment.

The title of RPPL 9-46 is amended to state as follows:

"To enact a budget law for Fiscal Year 2016 through the authorization of the sum of $85,894,825 and appropriation of the sum of $85,894,825 from the National Treasury for the annual general operations, special revenue, and debt service budget of the Republic of Palau for the fiscal year ending September 30, 2016, and for related purposes."

Section 4. Amendment.

Section 2 of RPPL 9-46 is amended to state as follows:

"Section 2. Executive Branch Operations. The sum of $40,894,825 is authorized for appropriation and is hereby appropriated for expenditure and obligation for Fiscal Year 2016 for the purpose of covering the operational and contingent expenses of the Executive Branch. The total amount authorized to be appropriated shall be made up of the following available revenues: The amount of $22,747,825 shall come from local revenues; the amount of $13,147,000 shall come from anticipated USDOI-OIA fiscal year 2016 grant assistance provided to Palau; and the amount of $5,000,000 shall come from the Compact Section 211(f) Trust Fund Investment Account. The total amount authorized for appropriation and that is hereby appropriated in this section shall be allocated according to the following schedule, respectively:

(1) Office of President:

...

(3) Ministry of Finance

...

(5) Ministry of Community & Cultural Affairs

...

(8) Ministry of Justice

...

..."

Section 5. Amendment.

Section 3 of RPPL 9-46 is amended to state as follows:

"Section 3. Judicial Branch. The sum of $2,961,000 is hereby authorized to be appropriated and is hereby appropriated for expenditure or obligation for Fiscal Year 2016 for the purpose of covering the operational and contingent expenses of the Judicial Branch. The entire amount of the funds authorized and appropriated in this section shall come from local revenues. The sum of $165,000 is earmarked for expenditure or obligation for Fiscal Year 2016 for the purpose of implementing the separation of personnel within the trial and appellate divisions by hiring new personnel for both divisions of the Palau Supreme Court pursuant to the Fourteenth Amendment of the Republic of Palau Constitution."

Section 6. Amendment.

Section 4 of RPPL 9-46 is amended to state as follows:

"Section 4. Legislative Branch. The sum of $5,421,500 is hereby authorized to be appropriated and is hereby appropriated for expenditure or obligation for Fiscal Year 2016 for the purpose of covering the operational and contingent expenses of the Legislative Branch. The entire amount of funds authorized and appropriated in this section shall come from local revenues. The total authorization and appropriation shall be allocated according to the following schedule:

Section 7. Amendment.

Section 18 of RPPL 9-46 is amended to state as follows:

"Section 18. Subsidy to PPUC for Water & Sewer Operations. The sum of $1,603,500 is authorized for appropriation and is hereby appropriated for expenditure in Fiscal Year 2016 to subsidize the water and sewer improvement operations of the Palau Public Utilities Corporation (PPUC), provided that the amount of $603,500, or so much thereof as may be necessary, shall be utilized by the PPUC to costs associated with migrating their SCADA system to a new bandwidth (radio frequency) and to establish and fund a permanent subsidy program for electrical power consumption for fixed or low income household customers. The Subsidy Program shall subsidize electrical power usage for only the life-line rate (0- 150,000KwH) for eligible households. Eligibility criteria shall be based on the poverty threshold as defined in the Analysis of the 2006 Household Income and Expenditure Survey Report and as updated. The PPUC and the Ministry of Finance shall work together to develop rules and regulations to implement this subsidy program effective October 1, 2015. The PPUC shall provide an annual report of the subsidy program to the President and the Olbiil Era Kelulau including but not limited to the number of eligible household customers, program and administrative cost. The entire amount authorized to be appropriated and appropriated in this section shall come from the 50 percent allocation of "Green Fee" collections for power, water and sewer improvements. Any unexpended or unobligated balance of the appropriation of this section shall not lapse at the end of the fiscal year. Additionally, the sum of $150,000 is authorized for appropriation and $300,000 $150,000 is hereby appropriated to offset the AFPAC rate increase for residential customers using 500 kilowatts per hour or less per month and the funds shall come from local revenues."

Section 8. Amendment.

Section 19 of RPPL 9-46 is amended to state as follows:

"Section 19. Supplemental SSA Benefit Payments. The sum of $1,931,200 is hereby authorized to be appropriated and is hereby appropriated for expenditure or obligation for Fiscal Year 2016 for the purpose of providing an additional fifty dollars ($50) in Social Security benefit payments to individuals receiving Social Security benefits pursuant to Title 41, Subchapter VI of the Palau National Code. The continuation of this supplemental social security benefit payment is subject to appropriation of funds from the National Government. The entire amount authorized to be appropriated and that is hereby appropriated in this section 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 9. Amendment.

Section 20 of RPPL 9-46 is amended to state as follows:

"Section 20. 12th Festival of Pacific Arts. The sum of $350,000 is hereby authorized for appropriation and hereby appropriated for Fiscal Year 2016 for the purpose of funding Palau's participation in the 12th Festival of Pacific Arts to be held in Guam, USA. The entire amount authorized to be appropriated in this section shall come from local revenues."

Section 10. Repealer.

Chapter 25 of Title 40 of the Palau National Code, the Senior Citizen Discount Program as established by RPPL No. 8-49, is hereby repealed.

Section 11. Repealer.

40 PNC § 1002(o) is amended to repeal the amendment to that subsection enacted by RPPL No. 8-49. 40 PNC § 1002(o) is restored to the language in place prior to the enactment of RPPL No. 8-49.

Section 12.

RPPL No. 9-46 is hereby amended to create a new Section 35 as follows:

"Section 35. Peleliu Maritime Transportation Authority. The sum of $250,000 is authorized and appropriated to the Peleliu Maritime Transportation Authority.

The entire amount of the funds authorized and appropriated in this section shall come from local revenues."

Section 13. 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: February 02, 2016

Approved this 5th day of February, 2016.

HE Tommy E. Remengesau, Jr.
President
Republic of Palau