Title 12 — Autonomous Agencies

Bonds issued pursuant to the provisions of this Article and the interest or income therefrom are exempt from taxation to the extent permitted by the provisions of Section 11 of the Organic Act of Guam. SOURCE: Added by P.L. 13-087:1 (Oct. 31, 1975) as GC § 14073. Codified as 12 G…

Performance of Any Act. Notwithstanding any other provision of law, all bonds issued pursuant to the provisions of this Article are legal investments for all trust funds and for the funds of all banks, both commercial and savings and may be deposited as security for the performan…

The Authority may provide for the issuance, sale or exchange of refunding bonds for the purpose of redeeming or retiring any bonds issued under the provisions of this Article or any other prior obligations of the Authority. All provisions of this Article applicable to the issuanc…

In addition to the proceeds of any bonds issued and sold pursuant to this Article, the Authority may use for the payment of the costs of acquisition, construction or improvement of the system or any part thereof any available money or funds of the Authority and any money or funds…

The Authority may insure against loss of revenues from any cause whatsoever. The Authority may insure against public liability or property COL1312018 damage from any cause. An indenture may provide for the carrying of such insurance or any other insurance in such amount and of su…

The government of Guam is fully committed to ensuring that the Authority has the ability to implement the capital improvements authorized to be financed by this legislation. The government also is fully committed to ensuring that bondholders are protected to ensure full and timel…

An indenture may include such limitations as to acquisition, ownership or operation by the government of Guam of enterprises which may compete with the system as may be deemed necessary or desirable for the security of bonds issued pursuant to this Article. SOURCE: Added by P.L. …

Fund. The proceeds from the sale of all bonds authorized by this Article shall be deposited to the credit of a fund to be designated as the Jose D. Leon Guerrero Commercial Port Construction Fund, which fund is hereby created. The money in said Construction Fund shall be expended…

COL1312018 All revenues received from the operation of the system shall be deposited to the credit of the Jose D. Leon Guerrero Commercial Port Revenue Fund, which fund is hereby created. Moneys in the Jose D. Leon Guerrero Commercial Port Revenue Fund may be used for any of the …

Moneys in the Jose D. Leon Guerrero Commercial Port Construction Fund and Revenue Fund may be invested by the Authority and any revenues in any other fund or account held by or on behalf of the Authority or its agent may be invested by the Authority or its agent, as the case may …

COL1312018 Any balance remaining in any of the funds or accounts created by this Article or any indenture after payment of all costs, expenses and charges required or authorized to be expended therefrom, may be allocated and used for such other purposes relating to the acquisitio…

All money in the funds and accounts created by this Article or any indenture is hereby appropriated for expenditure in carrying out the purposes herein and therein provided. SOURCE: Added by P.L. 13-087:1 (Oct. 31, 1975) as GC § 14084. Codified as 12 GCA § 10235 entitled Validity…

In addition to and in amplification of the powers conferred upon the Board by the Jose D. Leon Guerrero Commercial Port Act, this Article or any other law of Guam or of the United States, the Board has power and is hereby authorized to cause the Authority to enter into any contra…

(a) The Board has the power and is hereby authorized to cause the Authority to enter into such contracts or agreements with such banks, insurance companies or other financial institutions as it determines are necessary or desirable to improve the security and marketability of the…

No member of the Board, employee of the Authority, or elected official of the government of Guam shall be individually or personally liable for the payment of any amounts due on any bonds, or for any other liability arising in connection with the bonds; provided, however, that no…

Notwithstanding any substantive or procedural provision of Chapter 6 of Title 5, Guam Code Annotated, the Authority shall not be entitled to immunity from any suit or action in contract on the indebtedness authorized by this Article. For the purposes of this Act only, immunity is…

This Article shall be liberally construed to carry out the objects and purposes and the declared policy of Guam as in this Article set forth. Nothing contained in this Article shall be construed directly or by implication to be in any way in derogation or limitation of powers con…

Unless otherwise explicitly authorized by statute, the Board of Directors of the Jose D. Leon Guerrero Commercial Port is hereby prohibited from expending anything of value, either through cash or in- kind, directly or indirectly, or executing any solicitations through the Reques…

[Repealed, reserved, or text not separately stated.]

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---------- ARTICLE 4 PUBLIC-PRIVATE PARTNERSHIP THROUGH A PERFORMANCE MANAGEMENT CONTRACT SOURCE: Article added by P.L. 29-023:1 (Oct. 24, 2007).

Performance Management Contract. (a) The Board of Directors of the Jose D. Leon Guerrero Commercial Port (Port) is authorized to issue a Request for Proposal (RFP), Multi-Step Bid (MSB), Invitation for Bid (IFB), soliciting bids or proposals from qualified parties for the managem…

The awarded contract, which is subject to the provisions of this Act, may be awarded for periods of not less than five (5) years, with options to renew every five (5) years and not to exceed a total of twenty (20) years. The awarded contract, subject to the provisions of this Act…

No contract awarded subject to the provisions of this Act shall be awarded to any party who has a blood or marital relationship to the third (3rd) degree of consanguinity with the General Manager of the Port, a Board Member of the Port, I Maga’lahen Guåhan or a Member of I Lihesl…

Management Contract. Notwithstanding any other provisions of law, the Board of Directors is authorized to enter into a public-private partnership through a performance management contract for other aspects of the Port operations it deems necessary, provided that the processes out…

Performance. Should at some point in the future, a determination be made by I Liheslaturan Guåhan, that a broad-scale public-private partnership for the Port operations be advisable, subject to legislative approval, and if any agreements entered into pursuant to this Act are view…

If any provision of this Act or its application to any person or circumstances 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 applications, and to…

This Chapter may be cited as the “Public Defender Service Corporation Act of 2025.” SOURCE: GC § 60000, entitled “Short Title” as enacted by P.L. 13-051:1 (July 10, 1975) effective 30 days upon enactment pursuant to P.L. 13-051:2. Repealed and reenacted by P.L. 38-048:2 (Aug. 18,…

(a) “Attorney” means a person licensed to practice law in Guam. (b) “Child” or “minor” means a person less than eighteen (18) years of age on the date legal proceedings are first commenced against the person. (c) “Corporation” means Public Defender Service Corporation. (d) “Board…

In order to provide effective public legal services to those persons in Guam, there is created a public corporation to be known as the Public Defender Service Corporation. The Public Defender Service Corporation is established as an entity within the government of Guam subject to…

The Corporation shall: (a) Accept all appointments from the courts of Guam to provide indigent defense, and legal services, unless all divisions have a conflict of interest, or excessive workloads. It shall be the duty of the Corporation to defend indigent persons charged in crim…

Awards. [Repealed.] SOURCE: Added by P.L. 19-034:24:D (Dec. 19, 1988). Repealed by P.L. 38-048:2 (Aug. 18, 2025) effective October 1, 2025 pursuant to P.L. 38-048:6.