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To establish a public referendum for the establishments of casino gaming in the Republic of Palau, and for other related purposes, RPPL 8-22 2010

PALAU

RPPL NO. 8-22

(Intro. As H.B. No. 8-69-5, HD1, SD2, CD1, PD1)

AN ACT

To establish a public referendum for the establishment of casino gaming in the Republic of Palau, and for related purposes.

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

Section 1. Definition of ACasino Gaming.@
For the purpose of this Act, ACasino Gaming@ refers to the wagering, within a casino, of money upon the outcome of a game of chance with the intent of winning additional money in the event of a certain outcome as specifically permitted by law.

Section 2. Referendum required.
(a) Between 120 and 180 days after the enactment of this Act, the Election Commission shall conduct a national referendum on the question of whether to allow for the establishment of Casino Gaming in the Republic of Palau. The Election Commissioner shall announce the date of the referendum not later than ninety (90) days prior to the date on which the referendum will be conducted.

(b) The referendum ballot should be worded as follows:

ADO YOU APPROVE OF THE ESTABLISHMENT OF CASINO GAMING IN THE REPUBLIC OF PALAU?

KAU KE KONGEI RA OKEDBECHEL A KLEKOOL RA CASINO RA CHELSEL A BELAU?

G YES (CHOI)

G NO (DIAK)@

(c) There shall be no other question or issue on the ballot. The ballot shall be printed in English and Palauan.

(d) The Election Commission shall conduct the national referendum established by this Act in accordance with Title 23 of the Palau National Code, to the extent those provisions do not conflict with this Act.

(e) Any person qualified to vote in national or state elections who wishes to vote in this national referendum, but who is not registered, may submit his or her application for registration to vote in accordance with applicable laws, rules, and regulations. Any person who is currently registered in the General Registry need not re-register in order to vote in this referendum.

(f) The Election Commission shall have the authority to establish polling places within the Republic of Palau only. Voting by absentee ballot shall be allowed according to the provisions of Title 23, Chapter 15, Subchapter II of the Palau National Code. All voting in the national referendum established by this Act shall be by secret ballot.

(g) The Election Commission shall certify the election vote count no later than ten (10) days after the day of the referendum.

(h) Any citizen of Palau may file a petition for recount under the terms and conditions described in Section 1571 of Title 23 of the Palau National Code.

(I) If a majority of votes cast on the referendum question set forth in subsection (b) of this section are affirmative, the Olbiil Era Kelulau may proceed to enact legislation establishing a Casino Gaming Commission including but not limited to its organization, authority, function, responsibilities, and duties. Any enactment shall be in accordance with constitutional, statutory, and procedural requirements. If a majority of votes cast on the referendum question are negative, the Olbiil Era Kelulau will not again consider the establishment of casino gaming in the Republic.

Section 3. Community Education Process. The Election Commission shall conduct, organize, supervise and oversee a community education program to inform the citizens of Palau in an impartial manner about casino gaming and the referendum, so as to enable the people to make an informed choice in the referendum conducted pursuant to this Act. In so doing, the Commission may hold panel or town hall discussions, create, translate, print and distribute explanatory materials, or take such other steps as may be necessary to adequately educate the public on this issue.

Section 4. Appropriation. There is hereby authorized to be appropriated and is appropriated the sum of $30,000 to the Election Commission to carry out the provisions of this Act. The source for these funds shall be local revenue.

Section 5. Regulation. The Election Commission shall promulgate rules and regulations implementing the referendum established in Section 1 of this Act. Such promulgation shall be exempt from the requirements of 6 PNC Chapter 1, the Administrative Procedure Act.

Section 6. Effective Date. This Act shall become effective upon its approval by the President of the Republic or upon its becoming law without such approval, except as otherwise provided by law.

PASSED: December 22, 2010

Approved this 29th day of December , 2010.

/s/
His Excellency Johnson Toribiong
President, Republic of Palau