Title 5 — Government Operations

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…

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…

(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…

(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…

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…

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…

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…

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…

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…

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…

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…

(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…

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…

(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 (…

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…

(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…

(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 …

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…

(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 …

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…

[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…

(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 …

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 …

(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…

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…

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…

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…

[Repealed, reserved, or text not separately stated.]

adhere to the Compiler’s alpha-numeric scheme in accordance to 1 GCA § 1606.

Sections 22502-22507 of this Article may be cited as the Prompt Payment Act.

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…

(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…

(a) If a business offers a government agency a discount from the amount otherwise due under a contract for property or services in exchange for payment within such specified period of time, the government agency may make payment in an amount equal to the discounted price only if …

The Director of the Department of Administration shall promulgate rules and regulations in accordance with the Administrative Adjudication Law and this Article. Such regulations shall specify: (a) that for any property or services not covered by items (b), (c) and (d) of this Sec…

(a) Claims for interest penalties which a government agency has failed to pay in accordance with the requirements of § 22503 or § 22504 of this Chapter may be filed under statutes governing contract disputes with the government of Guam. (b) Interest penalties under this Article s…

(a) Each government agency shall file with the Legislature a detailed report of any interest penalty payments made pursuant to this Article during the preceding fiscal year. (b) The report required by Subsection (a) of this Section shall include the number, accounts, frequency of…

All contracts shall, after approval of the Attorney General, be submitted to the Governor for his signature. All contracts of whatever nature shall be executed upon the approval of the Governor. SOURCE: GC § 6107. CROSS-REFERENCES: For execution of contracts made pursuant to the …

A copy of any contract under which a payment may be made shall be submitted to the Department of Administration for filing, recording and registration. The Director of Administration shall cause a register to be kept of all such contracts with subsequent amendments, which registe…

Whenever appropriations have been made for any fiscal year, contracts and purchase orders may be executed and charged against such appropriations at any time prior to the beginning of the fiscal year; provided, however, that no payments shall be made pursuant to such contracts or…

I Maga’lahi (the Governor) is authorized to enter into agreements with the United States of America, or any agency or instrumentality thereof, for the furnishing by the government of Guam of services, including labor and use of equipment, on a reimbursable basis. All proceeds der…

An officer or agent responsible under the government for property will be charged for any damage (beyond ordinary wear and tear) or loss, or destruction of the same, unless he shows to the satisfaction of the Director of Administration, by affidavit or depositions, or by report o…

(a) There is within the government of Guam a Board of Survey which shall be composed of five members appointed by the Governor with the advice and consent of the Legislature. The Board of Survey shall meet within fifteen days after preparation of a listing of surplus and lost pro…

Notwithstanding the provisions of § 22702 of this Article, rules and regulations promulgated thereunder, or any other law or administrative provision, any agency, department, or instrumentality of the government of Guam is authorized to donate books or other educational materials…

(a) The Governor is authorized to acquire on behalf of the government of Guam, by lease or lease-purchase agreement, office space and other facilities for the purpose of providing office and other space for the departments and agencies of the Judicial and Executive Branches of th…

Service. (a) Availability for Adoption. The Director of the Agency concerned may make a working animal of such Agency available for adoption by a person or entity referred to in Subsection (c), unless the animal has been determined to be unsuitable for adoption under Subsection (…

Authorization of Issuance of Bonds or Making of Loans to Pay Refunds. In order to fund the payment of income tax refunds due to local taxpayers, the Governor of Guam is authorized to either (i) enter into one (1) or more loan agreements with local banks, as provided in § 22825, o…

The Bonds shall have an aggregate principal amount at any one time outstanding not to exceed Forty-Five Million Dollars ($45,000,000); provided, however, that the issuance of the Bonds shall not cause a violation of the debt limitation provisions of the Organic Act of Guam (48 U.…

Certificate. The Governor has assured the Legislature that interest rates in the nation’s capital markets are more favorable than the current six per cent (6%) required to be paid on income tax refunds owed, and that such rates vary between three and nine-tenths percent (3.9%) an…

Revenues. Any Bonds authorized by this § 22811 shall constitute valid and binding general obligations of the government of Guam, which pledges its full faith and credit for the punctual payment of both principal of and interest on the Bonds. There shall be collected annually in t…

There are hereby appropriated from the General Fund such sums as will equal in each year the amount of money necessary to pay the principal of and interest on the Bonds.