Act on administration and management of state public lands (RPPL No. 10-48 of 2019)

Republic of Palau Office of the President P.O. Box 6051, Palau, PW 96940 Tel. (680) 767-2403/2828 Fax. (680) 767-2424/ 1662 Email: rop.president@palaunet.com Tommy E. Remengesau, Jr. February 19, 2020 Serial No. 20-1611 The Honorable Hokkons Baules President of the Senate 10" Olbiil Era Kelulau Ngerulmud, Palau National Capitol Republic of Palau 96939 Re: Signing Statement for SB No. 10-165, SD1, HD1 Dear Senate President Baules: I am pleased to be able to sign into law SB 10-165, SD1, HD1, a bill that will amend the Palau National Code to provide that one hundred percent of the revenue that the states derive from the administration and management of state lands by their respective public authorities will go to those states. This bill will bring the PNC into line with the requirements of our Constitution, and make the PNC reflect the current practice with respect to the retention of such funds. I want to thank you for your attention to this important bill and providing me with the opportunity to sign it into law. This bill amends Section 217 of Title 35 of the Palau National Code to provide that “all,” rather than “three-fourths,” of the revenue generated from a state authority’s administration and management of public lands shall be deposited directly into the treasury of that state government. As you note, Article XII, Section 1 of the Constitution requires that “all revenues” be deposited into the appropriate treasury. For lands that are owned by our states, and which are entirely administered and managed by state public land authorities, it is certainly the case that the appropriate treasury is that of the respective state. Indeed, it appears that the Eighth Olbiil Era Kelulau intended this change when it passed RPPL 8 18. Section 15 of that law amended Section 217 of Title 35 by removing the “last clause . . . requiring one-fourth of all revenues derived by a state land authority’s administration of public lands inure to the National Treasury ....” RPPL 8-18 further states that in exchange for the repeal of that provision, “the Koror State Government and its land authority shall reasonably accommodate, free of charge, the needs of the National Government to utilize public buildings and public lands in Koror State.” Since RPPL 8-18 became law, all states have been retaining one hundred percent of the funds derived from their respective state land authorities’ administration. I thank you again for your work in crafting this bill. I am pleased to be able to sign it into law today. Sincerely, President $f the‘Republic of Palau CC: Speaker of the House of Delegates Sabino Anastacio Republic of Palau Office of the Hresioent P.O. Box 6051, Palau, PW 96940 Tommy E. Remengesau, Jr. Tel. (680) 767-2403/2828 Fax. (680) 767-2424/ 1662 Email: rop.president@palaunet.com February 19, 2020 Serial No. 20-1611 The Honorable Sabino Anastacio Speaker of the House of Delegates 10" Olbiil Era Kelulau Ngerulmud, Palau National Capitol Republic of Palau 96939 Re: Signing Statement for SB No. 10-165, SD1, HD1 Dear Speaker Anastacio: I am pleased to be able to sign into law SB 10-165, SD1, HD1, a bill that will amend the Palau National Code to provide that one hundred percent of the revenue that the states derive from the administration and management of state lands by their respective public authorities will go to those states. This bill will bring the PNC into line with the requirements of our Constitution, and make the PNC reflect the current practice with respect to the retention of such funds. I want to thank you for your attention to this important bill and providing me with the opportunity to sign it into law. This bill amends Section 217 of Title 35 of the Palau National Code to provide that “all,” rather than “three-fourths,” of the revenue generated from a state authority’s administration and management of public lands shall be deposited directly into the treasury of that state government. As you note, Article XII, Section 1 of the Constitution requires that “all revenues” be deposited into the appropriate treasury. For lands that are owned by our states, and which are entirely administered and managed by state public land authorities, it is certainly the case that the appropriate treasury is that of the respective state. Indeed, it appears that the Eighth Olbiil Era Kelulau intended this change when it passed RPPL 8 18. Section 15 of that law amended Section 217 of Title 35 by removing the “last clause . . . requiring one-fourth of all revenues derived by a state land authority’s administration of public lands inure to the National Treasury ....” RPPL 8-18 further states that in exchange for the repeal of that provision, “the Koror State Government and its land authority shall reasonably accommodate, free of charge, the needs of the National Government to utilize public buildings and public lands in Koror State.” Since RPPL 8-18 became law, all states have been retaining one hundred percent of the funds derived from their respective state land authorities’ administration. I thank you again for your work in crafting this bill. I am pleased to be able to sign it into law today. Sincerely, ommy E% Ee : Presitle of fe Republic of Palau CC: Senate President Hokkons Baules RPPLNO. 10-48 The Senate TENTH OLBITL ERA KELULAU P.O. Box 8, Ngerulmud Republic of Palau 96939 Thirteenth Regular Session January 2020 INTRODUCED AS SENATE BILL NO. 10-165, SDI, HDI AN ACT SEE TITLE INSIDE INTRODUCED BY SENATOR (S) Senate President Hokkons Baules DATE INTRODUCED October 31, 2019 SENATE ACTION FIRST READING: REFERRED TO: STANDING COMMITTEE REPORT NO.: DATE ADOPTED: SECOND READING: LEGAL FORMAT: REVIEW: THIRD READING: FINAL READING: FIRST READING: REFERRED TO: STANDING COMMITTEE REPORT NO.: DATE ADOPTED: SECOND READING: LEGAL FORMAT: REVIEW: THIRD READING: FINAL READING: DATE: COMMITTEE REPORT NO.: DATE PASSED: FINAL READING: CLERK OF THE SENATE Ocotber 31, 2019 Ways and Means and Financial Matters 10-223 November 19, 2019 November 19, 2019 Proper November 22, 2019 November 22, 2019 February 6, 2020 HOUSE ACTION November 29, 2019 ee” Governmental Affairs & Hyman February 5, 2020 February 5, 2020 Proper ; February 5, 2020 February 6, 2020 February 6, 2020 CONFERENCE COMMITTEE ACTION None None None None C (Gree Ma = CLERK, HOUSE OF DELEGATES 10 11 12 13 14 15 16 i 18 TENTH OLBITL ERA KELULAU Twelfth Regular Session, October 2019 RPPL No. 10-48 (Passed as: Senate Bill No. 10-165, SD1, HD1) AN ACT To ensure that all the revenue derived from the administration and management of state public lands by a state public land authority is deposited directly into the treasury of that state. THE PEOPLE OF PALAU REPRESENTED IN THE OLBITL ERA KELULAU DO ENACT AS FOLLOWS: Section 1. Legislative Findings. The Olbiil Era Kelulau finds that the revenues from the administration and management of state public lands by state public land authorities should be paid directly to that state’s respective treasury. Article XII, Section 1 of the Constitution requires that revenues are deposited in the appropriate treasury, and the appropriate treasury, for the purposes of receiving proceeds earned through the administration and management of state public lands, is that of the state who has administered and managed those public lands. Section 2. Amendment. Title 35 of the Palau National Code is amended at Section 217 as follows: “§ 217. Control of funds. All revenue realized and received by the Authority generated from the administration and management of public lands shall be transmitted to the Director of the Bureau of the National Treasury for inclusion in the National Treasury; provided that whenever a state authority is created pursuant to section 215 of this title, then all revenue generated from the state authority’s administration and management of public lands shall be deposited directly into the treasury of that state government.” Section 3. 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. Passed on: February 6, 2020 oh . Approved this /7 day of Hits , 2020. himg H. ommy E. Ref lengesau, KS Presiden Repu lic of Palau Page 1 of 1