Title 12, Autonomous Agencies

There is hereby created within the Guam Economic Development Authority (the “Authority”) the Guam Aquarium Foundation (“GAF”), a non-profit corporation, which shall oversee the continued development design, construction and operation of the proposed Guam Aquarium.

GAF shall have, and may exercise the following general powers in carrying out the activities authorized: (a) To have perpetual succession, unless sooner terminated by law; (b) To adopt, amend and repeal bylaws and other rules, regulations and directives governing the conduct of i…

(a) All functions and powers of GAF shall be vested in and be exercised by and under the direction of a Board of Trustees (‘Board’), which is hereby created. The Board shall be composed of eleven (11) voting members and three (3) ex officio members. The Chairperson of the Board o…

The Board shall be responsible for the overall management, administration, policies and direction of GAF and shall exercise supervision through an agent or agents duly appointed. The Board shall meet in regular session at least once per month and in special session as often as it…

(a) To the extent that any business contributes to the Guam Basketball Confederation (GBC) to acquire the required equipment and make enhancements to facilities on Guam, as well as the training and transportation of the Guam Men’s National Team for FIBA Asia Cup competitions from…

Unless a contractor, materials supplier, designer or landlord/lessor has direct involvement in the operations of the facilities as a director, officer, manager, employee, representative or agent of the Guam Basketball Confederation, they shall not be held liable for any civil or …

To the extent that a company providing materials and services for the project contained herein takes more tax benefits in terms of business privilege taxes than the actual value of the materials or services contributed to the project authorized herein, that company shall be requi…

Participation of the Guam Basketball Confederation in the FIBA Asia Cup. (a) The total amount of credits against unpledged business privilege taxes for the GBC’s preparation of facilities and participation in the FIBA Asia Cup competitions authorized herein shall not exceed Four …

(a) The Guam Basketball Confederation shall annually submit a copy of the financial statement required pursuant to § 14102, Chapter 14, Title 18 GCA to the Speaker of I Liheslaturan Guåhan, the Public Auditor, and the Administrator of GEDA. (b) The Guam Basketball Confederation s…

The Guam Economic Development Authority (GEDA) shall submit a report to I Liheslaturan Guåhan detailing the impact of the program on the business privilege taxes, sports, and economic activities on Guam. GEDA shall also include in its report its monitoring efforts and any other i…

GEDA shall implement and monitor the tax credit program authorized pursuant to this Article based on rules and regulations already adopted by GEDA for previous tax credit programs. Notwithstanding any other provision of law, GEDA shall have the authority to incorporate and add ru…

The provisions of this Chapter shall apply to any projects or activities of the Guam Economic Development Authority authorized by public law, but not set out or identified in its basic organizational charter contained in Chapter 50 of this Title.

All such special projects or activities shall be administered by rules and regulations developed under the requirements of the Administrative Adjudication Law (AAL). Such rules and regulations may be developed either by the Guam Economic Development Authority acting alone or join…

Notwithstanding any other provision of law, the fiscal year total amount of new tax credits authorized by the Government of Guam shall not exceed the amount set aside by I Liheslatura in the annual budget law as the General Fund Reserve (Deficit Reduction/Rainy Day Fund). All exi…

(a) Notwithstanding any other provision of law, tax credit programs pursuant to this Chapter shall automatically expire ten (10) years following enactment of their respective enabling legislation. This provision shall not apply to tax credit programs where I Liheslatura establish…

The provisions of this Article are applicable to required medical equipment at the Guam Memorial Hospital Authority (GMHA) as authorized by this Article.

(a) A business, to the extent that such business contributes to the Guam Memorial Hospital Authority the required medical equipment needed by the GMHA, as identified and approved by the Board of Trustees of the GMHA, shall be entitled to credit of business privilege taxes not alr…

Memorial Hospital Authority. (a) The total amount of credits against unpledged business privilege taxes for medical equipment needs of the GMHA authorized herein shall not exceed Five Million Dollars ($5,000,000) over a five (5)-year period. No more than Five Hundred Thousand Dol…

The Guam Economic Development Authority shall submit a report to I Liheslaturan Guåhan detailing the impact of the program on the unpledged business privilege taxes and economic activities on Guam. GEDA shall also include in its report its monitoring efforts and any other informa…

GEDA shall implement and monitor the tax credit program authorized pursuant to this Article based on rules and regulations already adopted by GEDA for previous tax credit programs and any additional rules and regulations adopted specifically for this program.

GEDA or its designee shall be responsible for approving the contributions made towards the purchase of required medical equipment for the GMHA as identified in this Article. SOURCE: Added by P.L. 35-138:2 (Jan. 16, 2021), effective on October 1, 2021 pursuant to P.L. 35-138:3. Am…

(a) To the extent that a business providing required medical equipment for the program claims more tax credits in terms of unpledged business privilege taxes than the actual value of the medical equipment contributed to the program, that business shall be required to pay all inte…

The provisions of this Article are applicable to the repair and rehabilitation of the Southern High School Auditorium as authorized by this Act.

For the purposes of this Article, the repair and rehabilitation of the Southern High School Auditorium shall be prioritized as follows: (a) the repair of the air conditioning system or replacement of the air conditioning system if it is determined to be beyond repair; and (b) the…

(a) A business, to the extent that such business contributes to the cost of the labor, materials, construction, and/or the design for the repair and rehabilitation of the Southern High School Auditorium, as identified and approved by the Guam Economic Development Authority (GEDA)…

School Auditorium. (a) The total amount of credits against unpledged business privilege taxes for the repair and rehabilitation of the Southern High School Auditorium shall not exceed One Million Dollars ($1,000,000) over a two (2) year period. No more than Five Hundred Thousand …

GEDA shall submit a report to I Liheslaturan Guåhan detailing the impact of the program on the business privilege taxes and economic activities on Guam. GEDA shall also include in its report its monitoring efforts and any other information related to the program. The report shall…

GEDA shall implement and monitor the tax credit program authorized pursuant to this Article based on rules and regulations already adopted by GEDA for previous tax credit programs.

GEDA, or its designee, shall be responsible for approving the contributions made towards the labor, materials, construction and/or the design for the repair and rehabilitation of the Southern High School Auditorium pursuant to this Article, and to process tax credits pursuant to …

(a) The Guam Department of Education shall have the regulatory oversight, and the authority to approve the repair and rehabilitation plan of the Southern High School Auditorium pursuant to this Article, along with the selection of the contributors, based on criteria established b…

To the extent that a company providing materials and services for the project contained herein takes more tax benefits in terms of unpledged business privilege or excise taxes than the actual value of the materials or services contributed to the project authorized herein, that co…

(a) I Liheslaturan Guåhan finds that the Guam National Tennis Federation (GNTF) developed, constructed, and operates a tennis center known as the Guam National Tennis Center (GNTC) at the Department of Parks and Recreation’s Guam Sports Complex in Dededo (Dededo Sports Complex) t…

(a) “Guam National Tennis Federation” shall mean the Guam National Tennis Federation, also known as GNTF. (b) “Facilities” shall mean the Guam National Tennis Federation Center, including all tennis courts, buildings, walkways, and parking areas located at the Department of Parks…

(a) To the extent that any business contributes to the actual cost of construction, development, upgrade, repair, or maintenance, or the debt service currently owed for the cost of the same, of the Guam National Tennis Federation Center facilities, such business shall be entitled…

Repair, or Maintenance of the Guam National Tennis Federation Facilities. (a) The total amount of credits against unpledged business privilege taxes for the construction development, design, repair, or maintenance of the Guam National Tennis Federation facilities shall not exceed…

Unless a contractor, material supplier, designer, or landlord/lesser has direct involvement in the operations of the Guam National Tennis Federation facilities as a director, officer, manager, employee, representative or agent of the Guam National Tennis Federation, they shall no…

To the extent that a company providing materials and services for the project contained herein takes more tax benefits in terms of business privilege taxes than the actual value of the materials or services contributed to the project authorized herein, that company shall be requi…

(a) As a condition for the Guam National Tennis Federation and its contributors to be entitled to the tax benefits of the program established in this Article, the Guam National Tennis Federation shall allocate time during which the public may utilize the Guam National Tennis Cent…

The Guam National Tennis Federation and the Department of Youth Affairs shall work in partnership to host two (2) annual tennis clinics per year to the clients of the Department of Youth Affairs. Department of Youth Affairs shall lead the partnership to ensure that such annual te…

(a) The Guam National Tennis Federation shall annually submit a copy of the financial statement required in § 14102 of Chapter 14, Title 18 GCA to the Speaker of I Liheslaturan Guåhan, the Public Auditor, and the Administrator of GEDA. (b) The Guam National Tennis Federation must…

GEDA shall submit a report to I Liheslaturan Guåhan detailing the impact of the program on the business privilege taxes, sports, and economic activities on Guam. GEDA shall also include in its report its monitoring efforts and any other information related to the program. The rep…

The Guam Economic Development Authority shall implement and monitor the tax credit program authorized pursuant to this Article based on rules and regulations already adopted by GEDA for previous tax credit programs. ARTICLE 14 TAX CREDITS FOR THE REHABILITATION AND IMPROVEMENTS O…

The provisions of this Article are applicable to the football fields operated by the Guam National Youth Football Federation (GNYFF), as authorized by this Article, and shall include those under the jurisdiction of the municipal planning council of the respective village the fiel…

(a) A business, to the extent that such business contributes to the cost of design, labor, and materials that is for the rehabilitation and improvements of the football fields operated by the GNYFF, as identified, and approved by the Guam Economic Development Authority (GEDA), sh…

Football Fields Operated by the Guam National Youth Football Federation. (a) The total amount of credits against unpledged business privilege taxes pursuant to § 771402 of this Article for the rehabilitation and improvements of the football fields operated by the GNYFF authorized…

(a) A business, to the extent that such business contributes to the cost of design, labor, and materials that are for the rehabilitation and improvements of the football fields operated by the GNYFF, as identified, and approved by the Guam Economic Development Authority (GEDA), s…