Terms Used In 5 Guam Code Ann. § 10203

  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Statute: A law passed by a legislature.
(a) Notwithstanding any other provision of law, no department, agency or instrumentality of the government of Guam, including all autonomous agencies and instrumentalities, shall charge another branch, department or agency of the government of Guam, including the Guam Legislature and members thereof, for copies of requested documents, so long as the documents are requested in an official capacity.

(b) Notwithstanding any other provisions of law, any department, agency or instrumentality of the Executive Branch of the government of Guam, including all autonomous agencies and instrumentalities, except for the Department of Land Management and the Department of Revenue and Taxation, may charge the media or the general public a copying fee for documents not to exceed ten cents (10¢) for the first page of any requested document, and two cents (2¢) each for any remaining pages. The Department of Land Management and the Department of Revenue and Taxation may set their charges for documents by rules and regulations pursuant to the Administrative Adjudication Law.

(c) Any department, agency or instrumentality of the Executive Branch of the government of Guam, including all autonomous agencies and instrumentalities, may choose not to charge the media
or the general public a copying fee for requested documents; however, they shall not charge more than indicated in Subsection (b) of this Section.

SOURCE: GC § 6711 as added by P.L. 18-040:13 (Nov. 6, 1986). Repealed by P.L. 18-047:2 (Jan. 2, 1987); however, P.L. 19-005:139 (Aug. 21, 1987) later repealed P.L. 18-047. Renumbered by the Compiler and codified to Article 2 of this Chapter.

COMMENT: Notwithstanding the express repeal of this section by P.L.
18-047:2, the previous Compiler found that this section was revived upon the enactment of P.L. 19-005 (Aug. 21, 1987). The common law rules of statutory construction apply in Guam pursuant to 1 Guam Code Ann. § 700. “”Under the common law rules of interpretation, the repeal of a repealing statute revives the original enactment where such repeal is accomplished by express provision.”” Sutherland Statutory Construction, 7th ed., § 23:32 (2009). Because the enactment of the Sunshine Law of 1987, enacted by
P.L. 19-005:136, did not include a provision for charging fees for copying government documents, § 10203 was revived and provided statutory authority to charge for these copies.

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ARTICLE 3
INFORMATION REQUIRED ON MAGNETIC MEDIA AND THE
INTERNET

SOURCE: Entire Article added by P.L. 24-301:2 (Dec. 18, 1998).