(a) In the release of monthly or quarterly allotments by the Bureau of Budget and Management Research from appropriation acts, the Director thereof shall base such allotments on anticipated cash receipts so that the obligations incurred pursuant to such release of periodic allotments shall have sufficient cash for their payment, provided that sufficient cash shall always be released to the Department of Education to provide an adequate public education to every public school student. (b) No agency shall contract or agree to spend any money for goods or services or in settlement of a lawsuit or claim in excess of the amount appropriated by I Liheslatura to that Agency for such goods, services, claim, or settlement, and BBMR shall not allot funds to that agency for the payment of any amount towards such goods, services, claim, or settlement if the total amount of the goods, services, claim, or settlement is more than the amount appropriated or amount allotted by BBMR. Any contract or agreement made in violation hereof shall be void. Any agency head or certifying officer who knowingly contracts or agrees to spend any money in excess of said allotments shall be guilty of a misdemeanor. SOURCE: GC § 5005.2 added by P.L. 17-024:7 (Sept. 28, 1983). Amended by P.L. 28-045:6 (June 6, 2005), effective Oct. 1, 2005 in accordance with P.L.28-045:23. Amended by P.L. 31-233:XII:12(b) (Sept. 7, 2012). 2024 NOTE: Reference to the “Legislature” replaced with I Liheslatura pursuant to 2 GCA § 1101. 2023 NOTE: Subsection designations added pursuant to the authority of 1 GCA § 1606. NOTE: Per P.L. 28-150:VI:1 (Sept. 30, 2006), this section “shall not apply to the Mayor’s Council of Guam, I Liheslaturan Guåhan, the Office of the Public Auditor, the Office of Finance and Budget, the Office of the Attorney
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General and the Judicial Branch. Said entities may draw against their respective appropriations in order to meet their respective obligations, as the need arises, in accordance with a drawdown schedule that such entities shall submit to the Department of Administration.” 2009 NOTE: Reference to Office of Public Auditor changed to Office of Public Accountability pursuant to P.L. 30- 027:2 (June 16, 2009). P.L. 28-045:10 (June 6, 2005) changed the name of the Department of Education to the Guam Public School System. P.L. 30-050:2 (July 14, 2009) reverted the name of the Guam Public School System to the Department of Education.