(a) The Chief of Police may prescribe, in accordance with the Administrative Adjudication Law, fees to be charged and collected by the Department that are directly related to the need of the agency to recover administrative costs in servicing the public. These fees and the fines imposed under § 74108 of Chapter 74, Title 11, Guam Code Annotated, less the amounts deposited into the “”Copper Victims Fund”” pursuant to Subsection (b), shall be deposited in a special account known as the “”Police Services Fund,”” established separate and apart from the General Fund to be administered by the Director of Administration for the benefit of the Guam Police Department. I Liheslaturan Guåhan (the Guam Legislature) shall make appropriations from the “”Police Services Fund”” for the purpose of funding the general operational needs of the Guam Police Department on a fiscal year basis. These funds, once appropriated to the Department, are not subject to the transfer authority of I Maga’låhi (the Governor).

(b) An amount equivalent to the value of the stolen copper wire as determined by the Attorney General of Guam shall be deposited in a special account known as the “”Copper Victims Fund,”” established separate and apart from the General Fund to be administered by the Attorney General for the benefit of the victims of copper theft. These funds are not subject to the transfer authority of I Maga’låhi (the Governor).

(c) As used in this Subsection, ‘administrative costs in servicing the public’ means costs incurred in providing administrative services, such as issuing licenses or permits, providing police clearances for private parties and taking finger prints, but does not include performing essential crime prevention and law enforcement duties described in Section 77103 of this Chapter.

SOURCE: Added by P.L. 24-023:1 (May 14, 1997), and amended by P.L.
33-155:3 (May 17, 2016).

2016 NOTE: P.L. 33-155:3 amended subsection (a), added a new (b), and redesignated the existing subsection (b) to a new subsection (c).

§ 77135. Police Patrol Vehicle and Equipment Revolving
Fund; Establishment.

There is hereby established a “”Police Patrol Vehicle and Equipment Revolving Fund”” (Fund), to be maintained by the Department of Administration for the sole benefit of the Guam Police Department. The Fund shall be established and maintained in a bank account separate and apart from the General Fund, or any other bank account(s) of the government of Guam, and shall not be co-mingled with, or a part of, the General Fund. All funds due or accruing to the account from hatever source(s), as provided or authorized-pursuant to applicable law, inclusive of any interest, shall be deposited in the Fund in its entirety immediately upon receipt by the government of Guam. The Fund shall not be subject to the transfer authority of I Maga’lahen Guahan.

(a) Funding.

(1) The Police Patrol Vehicle and Equipment Revolving Fund shall be funded by, but is not limited to, OVIS fees collected and allocated in accordance with § 3602(b) of Article 3, Chapter 3, and fines imposed under
§ 12110 of Chapter 12, both of Title 16, Guam Code
Annotated.

(2) All monies received, collected from or paid by parties responsible for damages to vehicles owned by the Guam Police Department shall be deposited in the Fund.

(b) Purpose. The primary and sole purpose of the Fund is the acquisition of vehicles and requisite associated equipment, and to support the repair and maintenance needs for vehicles of the Guam Police Department on a fiscal year basis.

(c) Authorized Expenditure and Continuing
Appropriation.

(1) All monies in the Fund are hereby appropriated, and shall be deemed appropriated on a continuing basis and shall not lapse, and shall not be subject to appropriation constraints in order to be expended for the purposes of acquiring, repairing, and maintaining vehicles and requisite associated equipment for the Guam Police Department.

(2) All monies in the Fund shall be expended at the discretion of the Chief of Police for the purposes of acquiring, repairing, and maintaining vehicles and requisite associated equipment for the Guam Police Department, or subsidizing the utilization of privately- owned vehicles for police service, patrol duty, and other law enforcement related functions, as provided pursuant to Chapter 56 of Title 10, Guam Code Ann..

(3) The Fund shall not be used to purchase non- patrol vehicles for administrative utilization purposes.

(d) Reporting.

(1) Any and all collections deposited into and/or expenditures from the Fund shall be reported quarterly to I Maga’lahen Guahan and the Speaker of I Liheslaturan Guahan, and the Guam Police Department, in conjunction with the Department of Administration,shall report and maintain full compliance with all financial reporting requirements of the government of Guam pursuant to applicable law.

(2) The Fund shall be subject to review and audit by the Office of Public Accountability, which shall provide I Maga’lahen Guahan and the Speaker of I Liheslaturan Guahan with a copy of any audited report.

(e) The Chief of Police shall submit an annual spending plan for the Fund in accordance with and at the same time as the Bureau of Budget and Management Research budget call.

(1) The spending plan shall include the actual experience of the fund, and any shortfalls experienced for the current fiscal year, or anticipated for the succeeding fiscal year.

(2) A budget request for additional funding as is required for necessary vehicle acquisition, repairs and maintenance shall be in provided for in the budget request of the Executive Branch for the Department for the succeeding fiscal year.

SOURCE: Added by P.L. 32-205:3 (Oct. 18, 2014). Subsection (a)(1)
amended by P.L. 33-127:7 (Mar. 4, 2016). Subsection (c) amended by P.L.
33-208 (Dec. 15, 2016).

2017 NOTE: Subitem designations added pursuant to the authority of 1
GCA § 1606.

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ARTICLE 2
GUAM HIGHWAY PATROL

SOURCE: Added by P.L. 24-240:2-4 (Aug. 14, 1998) as 5 Guam Code Ann. §§ 3103.1 – 3103.3. Recodified by Compiler as Article 2 of this chapter.