73 chapters · 2,143 sections in this title.
5 GCA § 22302 Definitions
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As used in this Article: (a) Agency means all offices, departments, boards, commissions, councils, committees, public corporations, or other entities of the Executive Branch, offices of the Judicial Branch and offices of the Legislative Branch of the government of Guam. (b) Agenc…
5 GCA § 22303 Receipt of Federal Funds
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(a) All Federal funds shall be deposited in and credited to the General Fund account and be available for appropriation by the Legislature as part of the Guam’s operating budget; furthermore, detailed and accurate accounting records shall be maintained for such Federal funds. (b)…
5 GCA § 22304 Expenditures Restricted
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(a) No department or agency may make expenditure of any Federal funds regardless whether such funds are advanced prior to expenditure or as reimbursement unless such expenditures are made pursuant to specific appropriations of the Legislature. (b) The Health Security Trust Fund, …
5 GCA § 22305 General Fund Protected
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To insure that the General Fund will not be burdened with expenditures for Federal projects, an agency head responsible for administering any Federal funds shall submit to the Director of the Guam State Clearinghouse on the 30th of each month a report on expenditures incurred for…
5 GCA § 22306 Penalty for Noncompliance
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The administration of authorized Federal programs shall be in full compliance with all applicable laws, rules and regulations governing the program. Noncompliance requirements by officials or employees of the government of Guam shall be cause for dismissal. Expenditure of public …
5 GCA § 22401 Illegal Expenditures
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(a) No officer or employee of the government of Guam, including the Governor of Guam, shall: (1) Make or authorize any expenditure from, or create or authorize any obligation under, any appropriation or fund in excess of the amount available therein, or for other than an authoriz…
5 GCA § 22401.1 Expenditures on Alcoholic Beverages Illegal
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Except for Guam Visitors Bureau, the A.B. Won Pat International Airport Authority of Guam, and the Governor and the Lieutenant Governor, no officer, employee, or agent of any public corporation or of any branch, department, agency, or instrumentality of the government of Guam, in…
5 GCA § 22402 Emergency Expenses
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I Maga’lahen Guåhan [the Governor] is authorized to utilize no more than Two Hundred Fifty Thousand Dollars ($250,000.00) from General Fund appropriations for the Executive Branch for expenses resulting from civil defense, public safety, or healthcare emergencies. Whenever this a…
5 GCA § 22403 Authorization to Borrow for Agat Jr. High School
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(a) The Governor may negotiate a loan of not to exceed Three Million Dollars from the Farmers Home Administration, U.S. Department of Agriculture. The term of the loan shall not be for more than 40 years at a rate of 5% interest per annum. The money borrowed shall be used to comp…
5 GCA § 22404 Transfer Authority: Capital Improvements
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There is hereby authorized an annual appropriation, for the purpose of supplementing, by transfer, any appropriation made for a capital improvement or other specific project, excluding annual operating appropriations. Such transfers may be made by the Governor, with the concurren…
5 GCA § 22405 Transfer Authority. Judiciary
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Notwithstanding any other provision of law, the Judicial Council is hereby authorized to transfer up to ten percent (10%) of funds appropriated by I Liheslatura to various divisions or categories within the Judicial Branch; provided, that notice of each transfer and justification…
5 GCA § 22406 Reversion of Appropriations
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Notwithstanding any other provision of law, unless any work has commenced and ten percent (10%) of the funds have been expended to accomplish the purpose of an appropriation for a capital improvement or a capital outlay, any such appropriation shall cease to be an appropriation a…
5 GCA § 22407 Entertainment Expenses Included in Certain
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Appropriations. Whenever the terms contingent expenses or contingent fund are used in any appropriation act, they shall include, but not be limited to, entertainment expenses for official purposes. SOURCE: GC § 6118.4 added by P.L. 13-118:3.
5 GCA § 22408 Charitable Donations
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The Governor is authorized to accept monetary donations, from any individual or organization, which shall be deposited in a separate fund by the Treasurer of Guam. Such donations shall, upon authorization by the Governor, be used and expended in accordance with the terms and cond…
5 GCA § 22409 Capital Improvement Highway Debt
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(a) The Governor of Guam is authorized to create a debt or debts of the government of Guam in aggregate principal amount not to exceed Thirty-five Million Dollars for the purposes of implementing capital improvement highway projects; provided, however, that the terms and conditio…
5 GCA § 22410 Revenues Pledged
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All or any part of the revenues from the taxes levied pursuant to Article 4, Chapter 26, 11 GCA Taxation, and from the license fees and penalties imposed pursuant to 16 GCA §§ 7136, 7159, 7170, 7171, 3102, 7173 and 11101 may be pledged to secure the repayment of any debt or debts…
5 GCA § 22411 Capital Improvements Funded by § 22409
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The Capital Improvement highway projects to be funded from the implementation of § 22409 and § 22410 of this Article are: 85-01 Reconstruction of Route 8, Phase 1 85-02 Reconstruction of Route 1 (from Y-Sengsong Road to Gayinero Road) 85-04 Interchange of Route 1 in Agana 85-05 R…
5 GCA § 22412 Employment of Residents Required
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No contract or subcontract may be awarded to any contractor providing services on the capital improvement projects funded from the implementation of § 22409 and § 22410 of this Article unless 75% of the persons employed by the contractor to work on such projects are residents of …
5 GCA § 22413 Line of Credit for the General Operations
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I Maga’låhen Guåhan, (the Governor) on behalf of the government of Guam, is authorized to arrange a line of credit not to exceed Twenty Million Dollars ($20,000,000) with any bank or commercial lending institution licensed on Guam for the payment of general operations of the gove…
5 GCA § 22414 Documented Liabilities; Repayment
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Liabilities of the government of Guam documented on May 26, 1984 by Touche, Ross & Co. are recognized by the Legislature, and are listed as follows: Due to GovGuam Retirement System $ 16,120,000 Tax refunds (personal income) 13,500,000 Due to various vendors 2,000,000 Tax refunds…
5 GCA § 22415 Promissory Note; Issuance to Creditors
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(a) Any creditor of the government of Guam (other than a tort claimant with an unadjudicated claim) who is not paid within thirty (30) days of filing his claim may request that the Director of Administration issue a registered, nontransferable promissory note in the amount of his…
5 GCA § 22416 General Obligation Bonds
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(a) Authorization for issuance of General Obligation Bonds; Terms of Bonds. For the purpose of satisfying the obligation to the Retirement Fund from the General Fund, the Governor of Guam is authorized to issue one or more series of general obligation bonds of the government in a…
5 GCA § 22417 Use of Revenues, General Obligation Bonds
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From the date of issuance of the first bonds authorized by § 22416 of this Code, all revenues thereafter received by the government for deposit in the General Fund, other than revenues pledged or required for the payment of principal of and interest on the bonds authorized by § 2…
5 GCA § 22418 Revenue from Vending Machines
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Except for revenues derived from the sale of goods and services purchased from vending machines and amusement devices, which are located on property which is within the jurisdiction of the Department of Parks and Recreation, the University of Guam, the Guam Community College, the…
5 GCA § 22419 Vending Machines in Schools and Parks
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Notwithstanding any rule, regulations or law, all net revenues derived through the sale of goods and services utilizing vending machines and amusement devices, located within public schools shall be used exclusively for authorized student activities and all net revenues derived t…
5 GCA § 22420 Placement of Vending Machines
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A contract for a duration not to exceed two (2) years for the placement of vending machines within facilities operated by the Government including any autonomous or semi-autonomous Government agency or any corporation which is wholly owned by the Government, shall be entered into…
5 GCA § 22420.1 Policy in Favor of Healthy Food and Beverage
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Products in all Vending Machines Located Within Government Facilities. (a) Fifty percent (50%) of all foods and beverages offered for sale in government-contracted food and beverage vending machines within all government owned or leased buildings, facilities and/or operational sp…
5 GCA § 22420.2 Policy in Favor of Healthy Food and Beverage
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Products in all Mobile Food Service Establishments or Other Food and Beverage Vendor Activities on Government Property or within Government Facilities. (a) Legislative Intent. It is the intent of I Liheslaturan Guåhan to mandate the inclusion of mobile food service establishments…
5 GCA § 22421 Transfer of Autonomous Agency Revenues to
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Autonomous Agency Collections Fund. (a) It is I Liheslatura’s (the Legislature’s) findings that for the risk assumed by Guam’s taxpayers in operating the power, water, sewer, and air and sea port operations, a fund transfer policy should be instituted as a General Fund reimbursem…
5 GCA § 22422 Infrastructure Improvement Fund
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(a) There is created a fund known as the Infrastructure Improvement Fund which shall be accounted for separate and apart from the General Fund and into which shall be deposited such revenues as set forth in 11 GCA § 30108, Finance and Taxation. The fund shall be appropriated to i…
5 GCA § 22423 Retirement Contributions and Personnel Benefits
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Funds. (a) Legislative Intent. The Legislature finds that amounts appropriated directly to Guam agencies for retirement benefits, and personnel benefits such as health insurance, life insurance, and dental insurance, are utilized for personnel expenses such as overtime pay, hazar…
5 GCA § 22424 General Obligation Bond for Capitol Building
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(a) Authorization of Issuance of General Obligation Bonds for Capitol Building. The Governor of Guam may be authorized to issue one (1) or more series of general obligation bonds of the government of Guam in an aggregate principal amount not to exceed Thirty Six Million Dollars (…
5 GCA § 22425 General Obligation Bonds for Certain Capital
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Projects, Including Certain Educational Facilities Projects, and for Certain General Fund Expenses. (a) Authorization of Issuance of General Obligation Bonds for Capital Projects and General Fund Expenses. The Governor of Guam is authorized to issue two (2) or more series of gene…
5 GCA § 22426 Conflict of Interest
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(a) Notwithstanding any provision of law to the contrary whenever an Authority of the government sells bonds at a private sale, no person standing in a fiduciary relationship with the Authority shall purchase any of the bonds. (b) As used in this Section, person means a natural p…
5 GCA § 22427 Government of Guam Loan
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(a) Authorization to Borrow. The Governor of Guam, on behalf of the government of Guam, is authorized to borrow an aggregate principal amount not to exceed Fifty-Two Million Nine Hundred Dollars ($52,900,000) to undertake the capital projects enumerated in subsection (g) of this …
5 GCA § 22428 Utility Expense Fund
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There is created, separate and apart from other funds of the government of Guam, and under the administration and control of the Department of Administration, the ‘Utility Expense Fund.’ Notwithstanding any other provisions of law, for each fiscal year, all appropriations from th…
5 GCA § 22429 Authorization and Approval of Refunding Bonds
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(a) Definitions. The following terms shall have the following meanings when used in this Section: (1) 1989 Water Bonds means the Government of Guam Water System Revenue Bonds, Series 1989. (2) 1992 Highway Bonds means the Government of Guam Limited Obligation Highway Bonds, 1992 …
5 GCA § 22430 Source of Payment for Government Notices/Website
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Required. (a) Any website, public notice, advertisement or message issued or published by an agency, or agencies, and paid for, partially or fully, using government funds shall include a disclosure statement that the public notice, advertisement or message is paid for by governme…
5 GCA § 22431 Line of Credit
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[Repealed.] SOURCE: Added by P.L. 26-85:2 as § 22429, which section already exists. Subsection (b)(vii) added by P.L. 26-122:9. Subsection (a) added by P.L. 26-122:10. Subsection (b)(v) amended by P.L. 26-122:11. Subsection (b)(viii) added by P.L. 26-122:12. Repealed by P.L. 26-1…
5 GCA § 22432 Creation of Fund
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(a) There is hereby created, separate and apart from other funds of the government of Guam, a fund to be known as the “Line of Credit Repayment Fund” (Fund). The Fund shall not be commingled with the General Fund and shall be kept in a separate bank account, under the purview of …
5 GCA § 22433 Authorization Conditioned
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The authorization of the line of credit as set forth in 5 GCA § 22431(a) shall become effective only after I Maga’lahen Guåhan [the Governor] reduces the total salary spending for unclassified positions, not to include licensed professionals, within the government of Guam by Two …
5 GCA § 22434 Expiration Date for Encumbrances
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(a) An encumbrance against any type of appropriation shall be automatically returned to the Fund against which it was encumbered nine (9) months after fiscal year end in which the encumbrance was originally recorded, unless the encumbrance falls under requirements imposed by Unit…
5 GCA § 22435 Authorization to Issue Bonds for Certain Capital
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Expense Items and Capital Improvement Projects of School Facilities and for Other Purposes. (a) Authorization to Issue Bonds. I Maga’lahen Guåhan is authorized to issue one (1) or more series of bonds of the government of Guam in the aggregate principal amount necessary to fund a…
5 GCA § 22436 General Fund Appropriations to the Rainy Day
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Fund Cap. (a) Beginning in Fiscal Year 2010, I Liheslatura (the Legislature) shall not appropriate more than ninety-eight percent (98%) of the total revenues projected for the General Fund for the fiscal year until such time as the General Fund deficit is eliminated. All unapprop…
5 GCA § 22437 Timing of Municipal Lease Payments
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For the budget act period of Fiscal Year 2018, and for each subsequent budget act period thereafter, executive branch agencies of the government of Guam shall amortize payments for each municipal lease into equal monthly installments throughout the fiscal year; provided, that any…
5 GCA § 22438 Timing of Municipal Lease Payments
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[Repealed, reserved, or text not separately stated.]
5 GCA § 22440 Codified by the Compiler as Article 8 and renumbered to
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adhere to the Compiler’s alpha-numeric scheme in accordance to 1 GCA § 1606.
5 GCA § 22501 Title: Prompt Payment Act
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Sections 22502-22507 of this Article may be cited as the Prompt Payment Act.
5 GCA § 22502 Definitions
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As used in this Article: (a) Government agency means a department, agency, bureau or instrumentality of the Executive Branch of the government of Guam. (b) Business means a business as defined in Subsection (c) of § 16002 of the Government Code. (c) Food product means meat and me…
5 GCA § 22503 Interest Penalties
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(a) Each government agency which receives property or services from a business but which does not make payment for each such complete delivered item of property or service by the required payment date, shall pay an interest penalty to such business on the amount of the payment wh…