PacLII Home | Databases | WorldLII | Search | Feedback

Palau Consolidated Legislation

You are here:  PacLII >> Databases >> Palau Consolidated Legislation >> State Governments - Title 5

Database Search | Name Search | Noteup | Download | Help

State Governments - Title 5

REPUBLIC OF PALAU


TITLE 5
STATE GOVERNMENTS


Chapter 1
Organization


§ 101. Short title.
§ 102. Purpose.
§ 103. Establishment of state governments.
§ 104. Responsibilities of national government.
§ 105. Confirmation of earlier acts.


§ 101. Short title.


This chapter may be cited as the "State Government Organization Act."


Source
RPPL 1-7 § 1, modified.


§ 102. Purpose.


The purpose of this chapter is to assist in the organization of state governments pursuant to section 1 of Article XI of the Constitution.


Source
RPPL 1-7 § 2, modified.


§ 103. Establishment of state governments.


A state government shall be deemed organized and established when:


(a) an ordinance providing for the drafting of a state constitution by the people of the state is adopted by the state government and becomes effective;


(b) the people of the state approve the state constitution in a referendum by a majority of the votes cast; and


(c) a copy of the state constitution approved in the referendum is filed with the President and both houses of the Olbiil Era Kelulau.


Source
RPPL 1-7 § 3, modified.


§ 104. Responsibilities of national government.


(a) The Ministry of State shall provide assistance in the development of state constitutions and shall be responsible for the supervision and certification of referenda on state constitutions.


(b) The Supreme Court and the National Court shall be the sole authorities to determine whether a state constitution conforms to the Constitution of the Republic.


Source
RPPL 1-7 § 4, modified.


§ 105. Confirmation of earlier acts.


If, prior to the effective date of this chapter, an ordinance which became effective was adopted by the government of a state providing for the drafting of a state constitution, or a state constitution was drafted pursuant to an adopted ordinance, or a state constitution took effect, prior to the effective date of this chapter, such act is hereby confirmed, provided that a constitution is approved in a state referendum by a majority of the votes cast.


Source
RPPL 1-7 § 5, modified.


§106. Single salary for full-time employees of the national government.


No full-time employee of the national government is eligible to receive compensation in any form by virtue of his or her simultaneous employment in any capacity by a state government. For purposes of this section, "employment" includes without limitation holding elective or appointive office. Those employees currently holding elective or appointive offices in their state governments shall continue to receive their established compensation until the end of their current terms. A full-time employee of the national government is required to relinquish his or her position with a state government only to the extent the state government position is incompatible with full-time employment by the national government. Every person who violates this section shall be subject to a civil fine of $10,000.


Source
RPPL 6-37 § 33.


Chapter 2
Elected Officials


§ 201. Extension of term of office by ordinance.


Any state law or ordinance enacted subsequent to the effective date of this chapter which provides for the extension of the term of office of any elected official of any state government shall be void and of no effect.


Source
RPPL 1-31 § 4(b), modified.


Chapter 3
Grants-In-Aid


§ 301. Grants-in-aid; generally.
§ 302. Policy guidelines; assistance.
§ 303. Same; disbursement.
§ 304. Procedure for obtaining grant-in-aid.
§ 305. Approval; contract between national and state governments.
§ 306. Contracts between state and third parties.


§ 301. Grants-in-aid; generally.


Any state is eligible to apply for grant-in-aid from the Olbiil Era Kelulau. All proposed grant-in-aid projects must be shown to be in the public interest, and not excessive in relation to the needs of the state for maintenance and use purposes. The President shall have the power to approve or reject any grant-in-aid request from a state.


Source
PDC § 150, & 1, modified.


§ 302. Policy guidelines; assistance.


The following policy guidelines shall govern all grant-in-aid assistance from the Olbiil Era Kelulau:


(a) All grant-in-aid requests must include plans for construction, estimated costs, construction sketches, and information on the use the project will serve.


(b) The recipient of grant-in-aid shall provide at least 25 percent of the cost of the project and any additional cost of construction over and above the amount granted.


(c) A date for completion of the project must be set by the state and the state shall hold the national government harmless if for some reason work on the project stops.


(d) All grant-in-aid requests shall be submitted to the President for review and approval.


(e) The amount of any grant-in-aid shall be appropriated by the Olbiil Era Kelulau in a lump sum and the authority for its disbursement shall be vested in the President as herein provided.


Source
PDC § 150(a), modified.


§ 303. Same; disbursement.


The following policy guidelines shall govern the disbursement of all grant-in-aid monies:


(a) Grant-in-aid monies may be disbursed by the Director of the Bureau of the National Treasury only upon a written authorization from the President. No lump sum may be withdrawn at any one time by the recipient.


(b) All necessary purchase documents connected with the grant-in-aid project must contain the types of materials, the amount of materials to be purchased, the prices thereof and the persons or companies from whom the purchase is to be made.


(c) All payments for labor must be in a certified document containing the names of the persons or companies working on the project, predetermined rates of wages for each employee, and, in the case of a company, the payment agreement between the state and the company.


(d) All bills and invoices on the project must be authenticated by the chief executive officer of the state and submitted to the President for proper payment.


(e) The number of days the laborers or company devoted to the project shall be submitted to the President before any payment is made.


(f) The chief executive officer of the state shall certify all documents pertaining to a grant-in-aid project.


Source
PDC § 150(b), modified.


§ 304. Procedure for obtaining grant-in-aid.


The steps to be followed in initiating and seeking approval of a grant-in-aid shall be as follows:


(a) The state, having determined its needs, shall present a formal request signed by its chief executive officer to the President, with plans for construction, estimated costs, and information on the use the project will serve.


(b) The plans and estimated cost figures of the project must be reviewed by the Director of the Bureau of Public Works before the request is approved or disapproved.


(c) The President will review and approve the request and return it to the chief executive officer. The President may disapprove the request and, upon so doing, he shall state his reasons to the chief executive officer.


Source
PDC § 150(c), modified.


§ 305. Approval; contract between national and state governments.


Upon approval of the grant-in-aid request, a contract between the national government, represented by the President, and the state government, represented by the chief executive officer, shall be executed. The contract will cover the following principal items which the state and the national government agree to be their responsibilities on the project:


(a) The national government in approving a grant-in-aid agrees to do the following:


(1) provide no more than 75 percent of the required cash funds for any project.


(2) furnish any technical or other advisory assistance on plans and construction.


(3) if necessary, lease or rent equipment at standard rates.


(b) The state government, in accepting a grant-in-aid, agrees to do the following:


(1) be responsible for additional costs of the construction over and above the amount approved by the national government. The state government's obligation may include contributing labor, materials, supplies or cash.


(2) set a date for completion of the project.


(3) hold the national government harmless if for some reason work on the project stops.


Source
PDC § 150(d), modified.


§ 306. Contracts between state and third parties.


No contract or other form of agreement involving grant-in-aid funds entered into between the state and individuals or corporations will be honored or enforced by the national government unless written terms of the agreement have been approved and countersigned by the President as contracting officer of the national government.


Source
PDC § 150(e), modified.


Chapter 4
State Block Grants
[Repealed]


§ 401 - § 407. [Repealed and recodified at 40 PNC Chapter 22.]


Source
RPPL 3-60 § 17(1)(a) - (e), 17(2) and 17(3). Restated in substance and amended by: RPPL 4-10 § 6(1)(a) - (e), 6(2) and 6(3); RPPL 4-26 § 11(2)(a) - (e), 11(3) and 11(4); RPPL 4-32 § 6(2)(a) - (e), 6(3) and 6(4); RPPL 4-38 § 6(2)(a) and (b), 6(3)(a) - (e) and 6(4); and RPPL 4-40 § 6(2)(a) and 6(3). Repealed and recodified at 40 PNC Chapter 22 by RPPL 5-7 § 6(2).


Chapter 5
Power to Establish Penalty


§ 501. Power to establish penalty.
§ 502. Assistance from the national government.


§ 501. Power to establish penalty.


A state government may enact laws that provide for penalties for violations of state law in such amounts as the state government deems necessary and proper through law; however, no state monetary penalty shall exceed five hundred dollars ($500).


Source
RPPL 8-9 § 3, modified.


§ 502. Assistance from the national government.


The national government may assist state governments in enforcing and prosecuting violations of state laws. If a state government prevails in a case in which the national government has provided assistance, twenty five percent (25%) of any monetary penalties paid by the defendant to the state shall be transferred to the national government. If a state government does not reimburse the national government for the cost of this assistance, the state government's budget shall be reduced by the cost of the assistance in the next fiscal year


Source
RPPL 8-9 § 4, modified.


PacLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback
URL: http://www.paclii.org/pw/legis/consol_act/sgt5262