PUBLIC LAW 28-149
MINA'BENTE OCHO NA LIHESLATURAN GUÅHAN
2006 (SECOND) Regular Session
Bill No. 266 (EC)
As amended in the
Committee of the Whole.
Introduced by: Committee on Calendar
by request of I Maga'lahen Guåhan,
the Governor of
with the Organic Act of
AN ACT MAKING APPROPRIATIONS FOR THE OPERATIONS OF THE GUAM PUBLIC
SCHOOL SYSTEM, UNIVERSITY OF GUAM, GUAM COMMUNITY COLLEGE, GUAM EDUCATIONAL TELECOMMUNICATION CORPORATION (KGTF)
AND THE GUAM PUBLIC LIBRARY SYSTEM FOR THE FISCAL YEAR ENDING SEPTEMBER 30,
2007; TO ESTABLISH THE ESTIMATED GOVERNMENT OF GUAM REVENUES FOR THE FISCAL
YEAR ENDING SEPTEMBER 30, 2007; MAKING APPROPRIATIONS TO ADDRESS CONTINUING DEBT
SERVICE; TO AUTHORIZE I MAGA’LAHEN GUÅHAN
TO ISSUE GOVERNMENT OF GUAM GENERAL OBLIGATION BONDS FOR THE PURPOSE OF
REFINANCING CERTAIN GENERAL FUND OBLIGATIONS AND FINANCING CERTAIN CAPITAL
EXPENSE ITEMS AND CAPITAL IMPROVEMENTS OF THE GUAM PUBLIC SCHOOL SYSTEM AND THE
UNIVERSITY OF GUAM; AND ESTABLISHING MISCELLANEOUS EDUCATIONAL PROVISIONS.
BE IT ENACTED BY THE PEOPLE OF
CHAPTER I
GENERAL PROVISIONS
Section
1. Short Title. This Act shall be known as the "Educational
Appropriations Act of 2007".
Except as otherwise provided herein,
the appropriations made by this Act shall be available to pay for obligations
incurred on or after October 1, 2006, but no
later than September 30, 2007. If any
appropriation of this Act is found to violate federal law, all other portions
shall remain valid.
Section
2. Estimated Revenues for Fiscal Year
2007. I Liheslaturan Guåhan, the
Guam Legislature, adopts the following revenue estimate for Fiscal Year 2007. Said estimates are the basis for the
appropriations in this Act.
A. TAXES
Income Tax
Corporate $
72,351,905
Individual $
43,485,645
Withholding Taxes, Interest and Penalties $188,644,496
Provision for Tax Refund and EITC ($75,600,000)
TOTAL INCOME TAXES $228,882,046
Gross Receipts Tax $162,565,341
Other Taxes $3,054,447
TOTAL TAXES $394,501,834
B. FEDERAL SOURCES $57,961,358
Federal Income Tax Collection (Section
30 Funds);
Immigration Fees and Indirect Cost
C. USE OF MONEY AND PROPERTY $906,895
D. LICENSES, FEES AND PERMITS $1,643,484
E. DEPARTMENT
CHARGES $1,334,351
TOTAL GENERAL FUND REVENUE $456,347,922
II. SPECIAL FUND REVENUES
A. Air Pollution Control Special Fund $ 221,182
B.
C. Corrections
Revolving Fund 1,539,134
D. Customs, Agriculture and Quarantine
Inspection
Services Fund 8,167,484
E. Enhanced 911 Emergency Reporting System
Fund 2,082,787
F. Environmental Health Fund 497,710
G.
H.
J.
K. Healthy
Futures Fund 10,665,466
L.
Interim Transition Coordinating Committee Fund
(RTB Stock Redemption) 1,813,068
M.
N. Land Survey
Revolving Fund 950,000
O. Manpower
Development Fund 148,485
P. Police Services Fund 370,084
Q. Professional
Engineers, Architects and
Land Surveyors Board Fund 201,825
R. Public Recreation Services Fund 154,717
S. Safe Streets Fund 236,000
T. School
Lunch/SAE/Child Nutritional Meal
Reimbursement Fund 6,500,000
U. Solid Waste Operations Fund (Tipping Fees) 5,822,582
V. Street Light Fund 3,912,927
W. Territorial Education Facilities Fund
20,280,840
X. Tourist Attraction Fund 23,100,000
Y. Water Protection Fund 54,242
Z. Water Research and Development Fund 79,518
TOTAL
SPECIAL FUND REVENUE $103,206,409
III. FEDERAL
MATCHING GRANTS-IN-AID
Federal
Grants-In-Aid Requiring Local Match:
A. Agriculture $560,565
B.
C. Guam Election Commission 700,000
D.
E. Integrated
Services for Individuals with Disabilities
2,052,208
F. Judiciary of
G. Labor 33,100
H. Law (AG) 4,205,679
I.
Military Affairs 839,150
J. Public
Health and Social Services
22,346,660
K.
TOTAL
FEDERAL MATCHING GRANTS-IN-AID $33,341,806
REVENUE
SUMMARY:
TOTAL
SPECIAL FUND REVENUE $103,206,409
TOTAL
FEDERAL MATCHING GRANTS-IN-AID $ 33,341,806
GRAND
TOTAL $592,896,137
Section 3. Debt Service.
The
following are continuing appropriations for debt service requirements:
BOND 1993 SERIES A
(TEFF) $10,598,839
HIGHWAY REFUNDING
BOND 2001 SERIES A
(GHF) $
6,026,863
(SECTION 30) BONDS 2001
SERIES A (SECTION 30
FUNDS) $
9,822,208
FINANCING (SECTION 30
FUNDS) $
1,281,818
INFRASTRUCTURE
IMPROVEMENT BONDS,
1997 SERIES A (TAF) $
7,255,789
TOTAL DEBT SERVICE $34,985,517
CHAPTER II.
Part I –
Section
1.
“Chapter 52
§52101.
Creation of the
(b) The Superintendent of Education shall
create and submit to the Speaker of I
Liheslaturan Guåhan, I Maga’lahen Guåhan and the Director of Administration
projected schedules of monthly cash disbursements for each school, division and
program, by expenditure category, for the fiscal year. Such projected disbursements shall not exceed the total amount appropriated
by I Liheslaturan Guåhan for the
purpose of such appropriation. The Public Auditor shall approve the schedules.
(c) Thirty (30) days after the
Public Auditor approves the cash disbursement schedules, the Superintendent of
Education shall certify and submit to the Speaker of I Liheslaturan Guåhan, I Maga’lahen Guåhan, the Director of
Administration and the Public Auditor, a revised budget document, in the format
of the FY 2007 Budget Call forms of the Bureau of Budget and Management
Research, including appropriations necessary to comply with Title 1 GCA §715
Item 12 (a) through (n), that shall reflect all
adjustments to the detailed breakdown
contained in the original GPSS budget submission to I Liheslaturan Guåhan, to be consistent with the amounts allocated
for each school and division in the GPSS projected cash disbursement schedules
prepared by the Superintendent and approved by the Public Auditor. All quantities
and items must be adjusted accordingly.
The revised budget document will be a guide for every school, division
and program, as well as I Liheslaturan Guåhan,
I Maga’lahen Guåhan and the Public Auditor, to ensure that appropriated
funds are used for the purposes intended. The revised budget document shall be
posted, in its entirety, on the GPSS website and shall be updated each
quarter. Penalties imposed for
non-compliance with reporting requirements shall apply to this requirement.
(d) The Director of Administration shall deposit, on the last day
of each month, a sum equal to the amount required by the projected schedules of cash
disbursements prepared by the
Superintendent, into the Guam Public School System
Operations Fund, except that the Director of Administration for the
first (1st) month of the fiscal year, on the first (1st) Friday of October,
shall make a deposit equal to the amount required for the first (1st) month
of the fiscal year, as reflected in the Guam Public School System’s projected
monthly schedules of cash disbursements, from the prior month’s General Fund
revenue collections. The Director of Administration
shall, on the first (1st) day of each month, transfer to the Guam Public School
System all funds held in the Guam Public School System Operations Fund, except
that for the first (1st) month of Fiscal Year 2007, on October 15, 2006,
the Director of Administration shall transfer all funds contained in the Guam
Public School System Operations Fund to the Guam Public School System.
(e) Before
releasing the appropriation allotment to any government entity other than the
Guam Public School System or from any
other appropriation, the Director of the Bureau of Budget and Management
Research shall first ensure that the
Director of Administration has deposited the monthly cash requirement of the
Guam Public School System into the Guam Public School System Operations Fund.
(f) Nothing herein shall be construed as
preventing I Liheslaturan Guåhan from making additional appropriations
to the Guam Public School System. I Maga’lahen Guåhan’s transfer
authority shall not apply to this or
any other appropriation to the Guam Public School System, except that I
Maga’lahen Guåhan may transfer funds into the Guam Public School System to
the extent permitted by law. I Maga’lahen Guåhan may transfer to
the Guam Public School System funds in excess of the amounts appropriated to
the Guam Public School System herein if he determines that an emergency has created
a need for such a transfer.”
Section
2. Appropriations
to the
(a)
(b) Interscholastic Sports Fund. For Fiscal Year 2007, the sum of Five Hundred Nine Thousand Two Hundred Forty-six Dollars ($509,246) is appropriated from the Healthy Futures Fund to the Interscholastic
Sports Fund within the Guam Public School System to fund Interscholastic Sports
Programs. Expenditure of these funds shall
comply with Title 17 GCA §7108.
(c)
Health and Physical Education Activities. For
Fiscal Year 2007, the sum of Three Hundred Twenty-four Thousand Four Hundred
Sixteen Dollars ($324,416) is appropriated from the Healthy Futures
Fund to the Guam Public School System for Health and Physical Education
programs, intramural sports, and similar activities.
(d) Y Kuentan Salappe’Prinsepat (Principals’
Fund).
(1)
The sum of Five Hundred Fifty-five Thousand Dollars ($555,000) is appropriated from the General Fund to the Guam Public
School System for the Principals’ Fund for Fiscal Year 2007. The amount appropriated herein shall be
allocated per student to each school, based on the student population of each
school at the end of the prior school
year; provided that no school shall
receive less than Five Thousand Dollars ($5,000). Notwithstanding §§10101 and 10102 of Title 17
GCA, each principal shall use the proceeds he receives to develop and implement
a program to protect his school from vandalism.
Every principal shall coordinate with his school’s Parent Teacher
Organization and submit an anti-vandalism program to the Superintendent for
approval.
(2) Any
unreleased and unexpended appropriations made by Section 5 of Part I of Chapter
II of Public Law 28-68 may be expended in Fiscal Year 2007.
(e) School
Nutritional Meals. Up to Six Million
Five Hundred Thousand Dollars ($6,500,000)
is appropriated from the School Lunch/SAE/Child Nutritional Meal Reimbursement
Fund to the Guam Public School System for non-personnel operating expenses
incurred in accordance with the established guidelines for said programs.
(f) Appropriation to the