Title 5 — Government Operations

The General Services Agency shall expedite the procurement process for the awarding of the contract under this Act no later than sixty (60) days following the filing of the report to I Liheslaturan Guåhan in § 58C103. SOURCE: Added by P.L. 32-009:2 (Apr. 11, 2013) as § 58C103. Re…

This Act shall be known and shall be cited as the “Ma Kåhat Act of 2013.”

For purposes of this Chapter and unless otherwise specified, the following words and phrases are defined to mean: (a) Act shall mean Chapter 58D of Title 5, Guam Code Annotated, known as the “Ma Kåhat Act of 2013.” (b) Contract shall mean the agreement entered into by and between…

(a) The GDOE is authorized to lease the school property to the Contractor for the purpose of facilitating the financing, construction, FF&E services, and maintenance of the new Simon Sanchez High School. (b) The GDOE is also authorized to lease back from the Contractor the new Si…

(a) Within ninety (90) days of the enactment of this Act, the GDOE, through the Department of Public Works (DPW), shall issue a solicitation in compliance with the Guam Procurement Law, for the following services with regard to the new Simon Sanchez High School: (1) financing; (2…

The Contractor shall be responsible for all costs, expenses, and fees of any kind or nature, associated with civil improvements, on-site and off-site infrastructure, construction, demolition of the existing facility, permits, FF&E services, and financing associated with the compl…

The contract for the new Simon Sanchez High School shall provide for the construction of and FF&E services for the new Simon Sanchez High School in accordance with the Guam Building Code under Chapter 67 of Title 21, Guam Code Annotated, and any other applicable requirements. The…

To facilitate the purposes of this Act and to provide security for the holders of any financing instruments issued pursuant to this Act, the Contractor may assign, with the consent of GDOE, the contract, the lease, and the leaseback to any underwriter, trustee, or other party as …

To minimize the cost to the government of Guam, financing utilized by the Contractor to fund the pre-development, construction of and FF&E services for the new Simon Sanchez High School shall be through tax-exempt obligations, or other financial instruments; provided, that such f…

COL 2026-04-23 from Lawfully Available Monies. (a) Payments under the lease and the leaseback may be secured by a pledge or other reservation of revenues payable from any lawfully available monies of the government of Guam, and may be secured by a pledge or other reservation of s…

The contractor shall be responsible for the connection of all utilities, including without limitation, power, water, sewer, telephone and cable, and all routine interior and exterior maintenance and repair, and exterior groundskeeping and landscaping, and upkeep of the new Simon …

The contract and the leaseback shall provide that all maintenance of the new Simon Sanchez High School not described in § 58D110 be performed by the Contractor as a separate cost, the terms of which, and the manner for establishing the amount of payment, shall be determined as a …

If any provision of this Act or its application to any person or circumstance is found to be invalid or inorganic, such invalidity shall not affect other provisions or applications of this Act that can be given effect without the invalid provision or application, and to this end …

I Liheslaturan Guåhan finds that Guam public school facilities face deficiencies in its roofing, exterior, interior, structural, mechanical, electrical, plumbing, and school grounds, which create a non-conducive environment that hinders learning and the work and production of tea…

For purposes of this Chapter and unless otherwise specified, the following words and phrases are defined to mean: (a) Comprehensive capital improvement plan means a plan that takes into consideration the physical condition of each school along with attendance area population, enr…

For the purpose of facilitating the financing, design, construction and rehabilitation and maintenance of an education facility encompassed by this Act, the government of Guam or an education agency, as the case may be, is authorized to lease, if required, to the contractor suffi…

Under the Superintendent of Education’s direction, the education agency shall utilize the Program Study, and the report generated by the Department of Interior (DOI)-funded assessment report by the Army Corps of Engineers, to identify and prioritize potential projects to be compl…

The contract shall require that the contractor be responsible for all costs, expenses and fees of any kind or nature, associated with the rehabilitation, design, civil improvements, on-site and off-site infrastructure, construction, permits, and financing associated with the comp…

Prior to undertaking the work of rehabilitating educational facilities, the Guam Economic Development Authority, the Department of Public Works, the Guam Department of Education, and the developer or contractor, shall negotiate and enter into a binding construction contract to bu…

To facilitate the purpose of this Act and provide security for the holders of any financing instruments issued pursuant to this Act, the contractor may assign, without the need of the consent of the education agency, the contract, the lease and lease-back to any underwriter, trus…

(a) Rental payments under the lease and the lease-back may be secured by a pledge or other reservation of revenues collected by the government of Guam from the following: COL2232015 CHAPTER 58E THE FINANCE, DESIGN, RENOVATION, REHABILITATION, CONSTRUCTION OR MAINTENANCE OF PUBLIC…

Financing Instruments for Financing. To minimize the financing cost to the education agency, financing utilized by the contractor to fund the design, renovation, rehabilitation, construction or maintenance of an education facility shall be through tax- exempt obligations, taxable…

The education agency shall be responsible for the connection and payment of all utilities, including without limitation, power, water, sewer, telephone, and cable, and all maintenance and repair and exterior COL2232015 CHAPTER 58E THE FINANCE, DESIGN, RENOVATION, REHABILITATION, …

If any provision of this Act or its application to any person or circumstance is found to be invalid or contrary to law, such invalidity shall not affect other provisions or applications of this Act which can be given effect without the invalid provisions or application, and to t…

This Act shall be known and shall be cited as ‘The Public Safety Facilities Construction Initiative Act of 2005.’

For purposes of this Chapter, unless otherwise specified, the following words and phrases are defined to mean: (a) ‘Act’ means Chapter 59 of Title 5 of the Guam Code Annotated, known as ‘The Public Safety Facilities Construction Initiative Act of 2005.’ (b) ‘Contractor’ shall mea…

For the purpose of facilitating the financing of the design, construction and maintenance of a Public Safety Facility encompassed by this Act, the government of Guam or a Public Safety Agency is authorized to lease, if required, to the Contractor, subject to legislative approval,…

Subject to legislative approval, I Maga’lahi shall solicit Requests for Proposals (‘RFP’) through the Department of Public Works, in compliance with the Guam Procurement Law, for the financing, design and construction of the Public Safety Facility, together with maintenance of th…

The Contract shall require that the Contractor be responsible for all costs, expenses and fees of any kind or nature, associated with the design, civil improvements, infrastructure, construction, permits and financing associated with the completion of a Public Safety Facility. Th…

To facilitate the purposes of this Chapter and to provide security for the bondholders, the Contractor may assign, without the need of the consent of the Public Safety Agency, the Contract, the Lease and the Lease-Back to any trustee, underwriter or other appropriate party as may…

To minimize the financing cost to the government, all financing utilized by the Contractor to fund the design, construction, development and maintenance of a Public Safety Facility shall be through tax-exempt bonds or other financial instruments, if a mechanism to do so is availa…

The Public Safety Agency shall be responsible for the connection and payment of all utilities, including without limitation, power, water, sewer, telephone and cable. Capital maintenance and repair shall be performed by the Contractor as provided for in 5 GCA § 59109. Routine mai…

The Contract with the Contractor, and the Lease-Back, shall provide that all capital maintenance and repair of the Public Safety Facility be performed by the Contractor as a separate cost. The Contractor shall be responsible, during the Lease-Back period, for the timely filing of…

Purchase of Existing Facilities. The government of Guam is authorized to enter into a lease to purchase agreement with a private owner for an existing building or land presently occupied or to be occupied in the future by a public safety agency, as defined by § 59102(i) of Title …

If any provision of this Chapter or its application to any person or circumstance is found to be invalid or contrary to law, such invalidity shall not affect other provisions or applications of this Chapter which can be given effect without the invalid provision or application, a…

This Division of the Guam Code Annotated shall be known and be cited as the Agricultural Law. SOURCE: GC § 12000. NOTE: The original Title XIII of the Government Code was repealed by P.L. 3-103, the same law enacting this Chapter. The effective date of both the repeal and of this…

The following definitions shall be used in interpreting this Division: (a) Department means the Department of Agriculture of the government of Guam. (b) Director means the Director of the Department of Agriculture. (c) Person means any person, association, organization, partnersh…

(a) The provisions of this Division, insofar as they are substantially the same as existing [pre-August 1956] statutory provisions relating to the same subject matter, shall be construed as continuations thereof and not as new enactments. (b) All persons who, at the time this Div…

Any action or proceeding commenced before this Division takes effect [8/1/56], and any right accrued therefor, is not affected by the provisions of this Division but all procedure hereafter taken shall conform to the provisions of this Division as far as possible. SOURCE: GC § 12…

Any person in whom the enforcement of any provision of this Division is vested, has the power of a peace officer as to such enforcement. Whenever any power or authority is given by any provision of this Division to any person, it may be exercised by any deputy, inspector, or agen…

Any person carrying out any power or authority granted him by this Division, in a manner prescribed herein or in a proper manner, may enter upon any premises to carry out his duties. SOURCE: GC § 12005.

(a) The Director of the Department of Agriculture, through the Administrative Adjudication Law, is hereby authorized to enact schedules for penalties and citations that: (l) do not exceed One Thousand Dollars ($1,000.00) per incident; and (2) allow any peace officer on Guam to is…

Regulations dealing with quarantine, pest control, fishing, slaughtering dairy cattle and experimental dairy cattle, egg labeling, and meat inspection shall be formulated by the Department and approved by the Director. If the Governor approves such regulations, he shall promulgat…

The filing officer shall maintain a complete file of all regulations which shall be open to public inspection during normal government business hours. SOURCE: GC § 12007.1.

The filing officer may, to the extent funds are available, prepare and distribute copies of any regulations. The Compiler of Laws shall publish effective regulations, promulgated as herein set forth as part of the Guam Administrative Rules and Regulations. SOURCE: GC § 12007.2 as…

[Repealed.] SOURCE: GC § 12007.3 added by P.L. 3-103; repealed by 5 GCA § 9312, eff. July 1, 1977.

Subsequent enactment of any law inconsistent with any regulation promulgated under the provisions of § 60108 of this Chapter shall have the effect of repealing such regulations. SOURCE: GC § 12008.

(a) The Department is authorized to receive monies derived from all fees provided under this Division, from the sale and rental of equipment, and from the sale of livestock, produce, fertilizers, plants, seeds, and pesticides. Such monies shall be promptly transmitted to the Trea…

Established. [Repealed.] SOURCE: Added as uncodified section by P.L. 26-140:4. As this is a permanent law. The Compiler added it here since the Director of Agriculture is the certifying officer for the fund. This section previously numbered 60113 mistakenly by the Compiler (secti…

The Director may arrange and classify the work of the Department and may consolidate, abolish or create divisions thereof. The Director may prescribe duties of such assistants, deputies, agents and other persons as are employed in the Department. SOURCE: GC § 12025.