PUBLIC LAW 28-150
MINA'BENTE OCHO NA LIHESLATURAN GUÅHAN
2006 (SECOND) Regular Session
Bill No. 359
(LS)
As amended in the
Committee of the Whole.
Introduced by: Committee on Finance,
Taxation and Commerce
An Act Making Appropriations For The Operations Of The Executive, Legislative And Judicial Branches Of The Government Of Guam For The Fiscal Year Ending September 30, 2007, Making Other Appropriations, And Enacting Miscellaneous And Administrative Provisions.
BE
IT ENACTED BY THE PEOPLE OF
CHAPTER I
SHORT TITLE
Section 1. Legislative Findings and Intent. I Mina’Bente Ocho
Na Liheslaturan Guåhan finds it necessary for the Committee on Finance,
Taxation and Commerce to introduce the “General Appropriations Act of 2007”,
which is identical to I Maga’lahen
Guåhan’s original budget submitted to I
Liheslaturan Guåhan and previously introduced as Bill No. 266(EC).
I Liheslaturan
Guåhan unanimously passed an amended version of Bill No. 266(EC) that
addresses the operational requirements for education; establishes the estimated
government of Guam revenues for the fiscal year ending September 30, 2007;
appropriates funds addressing the government of Guam’s continuing debt service;
authorizes I Maga’lahen Guåhan to
refinance the 1993 General Obligations Bond and earmarks proceeds for capital
expenses and improvements of the Guam Public School System and the University
of Guam; and establishes miscellaneous
educational provisions focused on the management of educational resources and
assuring accountability in the use of
public resources and funds. Bill No.
266(EC) as passed is now known as the “Educational Appropriations Act of 2007”.
I Liheslaturan
Guåhan further states that the “General Appropriations Act of 2007” is a
vehicle that collectively addresses the general appropriation requirements of
the government of
Section 2. Short
Title. This Act, together with any other appropriations act for Fiscal Year
2007, shall collectively be known as the “General Appropriations Act of 2007”. The Administrative and Miscellaneous
provisions of any other appropriations act for Fiscal Year 2007 shall govern
this Act unless otherwise specified
herein. 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.
CHAPTER II
PART I – Department
of Public Health and
Social Services
Section
1. Department
of Public Health and Social Services General Fund Appropriations. The following appropriations totaling Fifty
Million One Hundred Sixty-seven Thousand Three Hundred Two Dollars ($50,167,302) are made from the General
Fund to the Department of Public Health and Social Services (DPHSS) for Fiscal Year 2007 as
follows:
(a) DPHSS
Operations and
(b) Public Assistance Program
Payments. The sum of Three Million
One Hundred Thousand Dollars ($3,100,000) is appropriated from the
General Fund for Fiscal Year 2007 to the Department of Public Health and Social
Services for Public Assistance Program payments.
(c) Medically
Indigent Program. The sum of Sixteen
Million One Hundred Fifty-nine Thousand One Hundred Eleven Dollars ($16,159,111)
is appropriated from the General Fund for Fiscal Year 2007 to the Medically
Indigent Program Payment Revolving Fund (MIPPR) for the Medically Indigent
Program (MIP).
(d) Medicaid Program. The sum
of Eleven Million Four Hundred Seventy Thousand Dollars ($11,470,000) is appropriated from the General Fund for Fiscal Year
2007 to the Department of Public Health and Social Services for the local match
requirement of the Medicaid Program.
(e) Medicines for the Community Health
Centers. The sum of Three Hundred
Thousand Dollars ($300,000) is
appropriated from the General Fund for Fiscal Year 2007 to the Department of
Public Health and Social Services’
(f) Catastrophic Illness Program. The sum of One Hundred Thousand Dollars ($100,000) is appropriated from the
General Fund for Fiscal Year 2007 to the Department of Public Health and Social
Services for the sole purpose of funding the Catastrophic Illness
Program.
(g) Enhanced Allotment Plan. The sum of Four Hundred Forty-seven Thousand Three
Hundred Thirty-six Dollars ($447,336) is appropriated from the General
Fund to the Department of Public Health and Social Services for the Enhanced
Allotment Plan (Medicaid Part D) for Fiscal Year 2007.
(h) Foster
Homes. The sum of One Hundred Sixty-five Thousand Three Hundred
Seventy-five Dollars ($165,375) is
appropriated from the General Fund to the Department of Public Health and
Social Services for payments of stipends and fees for Foster Home care for
Fiscal Year 2007.
Section
2. Special Funds Appropriations for
Operations. The
following appropriations totaling Seven Million Two Hundred Ninety-three
Thousand Two Hundred Fifty-two Dollars ($7,293,252)
are made to the Department of Public Health and Social Services for Fiscal Year 2007 from the
following Special Funds:
(a) Healthy
Futures Fund Appropriation. Notwithstanding §26603(d),
Chapter 26 of Title 11, Guam Code Annotated, the sum of Six
Million Seven Hundred Ninety-five Thousand Five Hundred Forty-two Dollars ($6,795,542) is appropriated from the
Healthy Futures Fund to the Department of Public Health and Social Services for
its operations in Fiscal Year 2007. This
appropriation includes such sums as are necessary for the
Community Health Centers’ operations, education, treatment and prevention programs. This appropriation shall also be used to
revise the Public Assistance Program Tables, including the Basic Needs Standard
Table and the Standard Utility and Shelter Allowances Table, used to compute
the amounts of public assistance and amounts from public welfare programs paid
to program participants.
(b) Environmental Health
Fund Appropriation. The sum of Four
Hundred Ninety-seven Thousand Seven Hundred Ten Dollars ($497,710) is appropriated from the Environmental Health Fund to
the Department of Public Health and Social Services for its operations in
Fiscal Year 2007. The unexpended balance
of the Environmental Health Fund as of September 30, 2006 shall be available to
the Department of Public Health and Social Services Division of Environmental
Health during Fiscal Year 2007.
Section
3. Federal Matching Funds. The sum of Twenty-two Million Three Hundred
Forty-six Thousand Six Hundred Sixty Dollars ($22,346,660) is authorized from Federal Matching Grants-in-Aid to
the Department of Public Health and Social Services for its operations in
Fiscal Year 2007.
Section 4. MIP
and Medicaid Carry-Over Authorization. The unexpended balance of appropriations from the General
Fund to the Department of Public Health and Social Services for MIP and
Medicaid Programs for Fiscal Year 2006 shall not revert to the General Fund, but shall be carried over into
Fiscal Year 2007 to be expended in accordance with the original purposes of
said appropriations. The Director of
DPHSS shall submit a report to the
Speaker of I Liheslaturan Guåhan regarding the allocation,
demographics and expenditures associated with the appropriations contained
herein no later than thirty (30)
days after the close of each quarter and post the same on DPHSS’s website.
Payments for MIP and Medicaid vendors shall be made by the Department of Administration
on a first in – first out basis.
CHAPTER
II
Part II
– DEPARTMENT of Integrated Services
for Individuals with Disabilities
Section
1. Department of Integrated
Services for Individuals with Disabilities. (a) The sum of Two Million Six Hundred
Forty-three Thousand Six Hundred Seventy-four Dollars ($2,643,674) is appropriated from the General Fund to the Department
of Integrated Services for Individuals with Disabilities for its operations in
Fiscal Year 2007, of which Eight Hundred Seventy Thousand Six Hundred Forty-two
Dollars ($870,642) is to meet the requirements of the Permanent Injunction in Civil
Case No. CV 01-00041, J.C. et al v. Governor of Guam, et al.
(b) The
sum of Eight Hundred Sixty-three Thousand One Hundred Fifty-six Dollars ($863,156) is appropriated from the
Healthy Futures Fund to the Department of Integrated Services for Individuals
with Disabilities for its operations in Fiscal Year 2007.
(c) The sum of Two Million Fifty-two
Thousand Two Hundred Eight Dollars ($2,052,208)
is appropriated from Federal Matching Grants-in-Aid to the Department of
Integrated Services for Individuals with Disabilities for its operations in
Fiscal Year 2007.
CHAPTER
II
Part
III – DEPARTMENT OF MENTAL HEALTH
AND SUBSTANCE
ABUSE
Section
1. Department
of Mental Health and Substance Abuse.
(a) The sum of Four Million Four Hundred
Ninety-one Thousand Eight Hundred Eighty-three Dollars ($4,491,883) is appropriated from the General Fund to the
Department of Mental Health and Substance Abuse for its operations in Fiscal
Year 2007.
(b) The sum of One Million Four Hundred
Sixty-nine Thousand Nine Hundred Sixty-two Dollars ($1,469,962) is appropriated from the Healthy Futures Fund to the
Department of Mental Health and Substance Abuse for its operations in Fiscal
Year 2007.
Section 2. Child Mental Health Initiative
Program Grant Fund. The sum of Two Hundred
Fifty Thousand Dollars ($250,000) is appropriated from the
Healthy Futures Fund to the Child Mental Health Initiative Program Grant Fund
as a local match for the Child Mental Health Initiative Program Grant to
support children and adolescents (under twenty-two (22) years of age) with
serious emotional disturbances and their families. Such funds shall not be transferred or
used for any other purpose.
Section 3. Youth
Drug and Alcohol Program. (a) The sum
of One Hundred Fifty-three Thousand One Hundred Forty-four Dollars ($153,144) is appropriated from the Healthy
Futures Fund to the Department of Mental Health and Substance Abuse to fund the
outsourcing of the Youth Drug and Alcohol Program for Fiscal Year 2007.
On the
fifteenth (15th) day of each month, the Director of the Department of Mental
Health and Substance Abuse shall provide a detailed report to the Speaker of I
Liheslaturan Guåhan on the expenditures made against the appropriations in
this Subsection and post the same on the Department’s website.
(b) The sum of Six
Hundred Thousand Dollars ($600,000)
is appropriated from the General Fund to the Department of Mental Health and
Substance Abuse for Fiscal Year 2007 to fund the outsourcing of services
providing drug and alcohol detoxification, rehabilitation, and prevention
services, provided that the awarding
of such funds be consistent with Title 48 USC §1421b(p) for services to
adolescent, adult female and adult male patients.
CHAPTER
II
Part IV
–
Section 1. Creation
of the
Ҥ26208. Creation
of the
Section 2.
Section 3.
The unexpended balance of the
appropriation made to the Guam Memorial Hospital Authority in Section 25, Part
III, Chapter II of Public Law 28-68 in the amount of Seven Million Eight
Hundred Thousand Dollars ($7,800,000) against Fiscal Year 2007 revenues shall
continue to be available for expenditures in Fiscal Year 2007 for the same
purposes in said appropriation.
Section 4. Acknowledgement of Compact Impact
Subsidy and USDOI Funds. I Liheslaturan
Guåhan gratefully acknowledges I Maga’lahen
Guåhan’s generous dedication of Eight Million One Hundred Thousand Dollars ($8,100,000)
in Compact Impact Funds and USDOI funds to the needs of the Guam Memorial Hospital
and designates the same supplement to the subsidies and assistance given
herein.
Section
5. Remediation
of Poor Collection Rates. Within
ninety (90) days of the effective date of this Act, the Administrator of the
Guam Memorial Hospital Authority shall transmit to I Maga’lahen Guåhan and the Speaker of I Liheslaturan Guåhan a plan for remediation of the poor collection
rates experienced by the Authority. Said
plan shall address such items as self-paying and non-paying customers, methods
to improve collections from MIP, unfavorable settlement rates with insurance
providers and poor reimbursement rates from Medicare.
Section 6. Management Reform. §80106(i) of
Title 10 GCA is hereby amended to
read as follows:
“(i) The
Board shall, in accordance with all relevant procurement laws, contract with a
professional management firm with at least five (5) years demonstrated
experience in hospital management in the United States, to manage the hospital
facility and all of its functions. The
management firm shall exercise, on the Board’s behalf, all of the executive
authority granted to the Board by the laws of
(1)
The management firm
shall:
(aa) manage the Guam Memorial Hospital Authority in
accordance with the laws of
(bb) provide periodic reports to the Board on the
operations and functioning of the hospital;
(cc) recommend changes in the law to improve the hospital’s
functioning and create a written plan to achieve JCAHO accreditation for the
hospital, within five (5) years, with said plan to include benchmarks by which
to measure progress towards this goal; and
(dd) provide training to hospital staff as shall be
specified in the contract.”
Section 7. The Board
shall enter into the contract required by the previous Section no later than one hundred eighty (180) days after the enactment hereof.
Section 8. Alternative Reform. If the Board
of Trustees of GMHA determines that alternative management reform would be in
the best interest of the Hospital, including, but not limited to, partnership with another hospital, or any
alternative to the method mandated by Section 6 of this Part, the Board of
Trustees shall so inform I Maga’lahen
Guåhan and I Liheslaturan Guåhan, in
writing, within ninety (90) days of the effective date hereof. Section 6 of this Part shall then be
suspended, provided that said written
notification shall include, at a minimum, a detailed description of the
management reform alternative selected and a timeline for its implementation.
Section 9. If the Board
has complied with neither §6 nor §8 of this Part by April 1, 2007, it shall nevertheless
provide the alternative management reform required by §8 and said report to I Maga’lahen Guåhan and I Liheslaturan Guåhan.
Section 10.
(a)
(1)
incorporate timelines, funding requirements, and
administrative options for the operations of the
(2)
compare and contrast the costs and benefits of the Cancer
Therapy Center operating under full GMHA management, fully privatized ownership,
and public-private partnership; and
(3)
include provisions for the care of indigent patients under
the Medically Indigent Program (MIP) and Medicaid Program.
(b) Radiation Therapy
or Treatment Machine. The sum of Two Million Dollars ($2,000,000) is hereby
appropriated from Fiscal Year 2008 Revenues to the Guam Memorial Hospital
Authority to purchase a Radiation Therapy Machine. The Guam Memorial Hospital
Authority may enter into a contract or a public-private partnership agreement for
the operation of the Radiation Therapy Machine. Said contract or public-private partnership
agreement shall provide for the care of indigent patients under the Medically
Indigent Program (MIP) and Medicaid Program.
CHAPTER II
Part V –
Section 1.
(a) Waste Reduction
Education Strategy. The sum of Twenty Thousand Dollars ($20,000) is appropriated from the General Fund to the Guam
Environmental Protection Agency’s Solid Waste Management Fund for the Agency’s Information
Services Branch to conduct the Waste Reduction Education Strategy. Said Strategy shall focus on student outreach
in different grade levels of public and private schools and shall facilitate
demonstration projects and service learning opportunities within said schools
in Fiscal Year 2007.
(b) HASSO
(c) Appropriation to the
(d) Air Pollution Control Special Fund. The sum of Two Hundred Twenty-one Thousand One Hundred
Eighty-two Dollars ($221,182) is appropriated from the Air Pollution
Control Special Fund (Title 10 G.C.A. §49107(f)) to the Guam Environmental
Protection Agency for Fiscal Year 2007 for equipment, supplies, utilities,
miscellaneous expenses, contractual services, and capital outlay. This appropriation shall not lapse and shall apply to all operations of the Agency.
(e)
(f) Water Research and Development Fund. The sum of
Seventy-nine Thousand Five Hundred Eighteen Dollars ($79,518) is
appropriated from the Water Research and Development Fund (Title 10 GCA Chapter
46, §46116) to the Guam Environmental Protection Agency for Fiscal Year 2007
for contractual services, supplies, equipment, miscellaneous expenses and
capital outlay.
(g) Water Protection Fund. The sum of
Fifty-four Thousand Two Hundred Forty-two Dollars ($54,242) is
appropriated from the Water Protection Fund (P.L. 25-152, GEPA Soil Erosion and
Sedimentation Control Regulations, §10108(G)) to the Guam Environmental
Protection Agency, for Fiscal Year 2007, for contractual services, equipment,
supplies and capital outlay.
(h) Transfer
Exemption. The funds
appropriated in Section 1 of Part V of Chapter II hereof are not subject to I Maga'lahen Guåhan’s transfer authority.
CHAPTER III
PART I
– Guam Police Department
Section
1. Guam
Police Department. (a) The sum of Twenty-two Million Three
Hundred Forty-six Thousand Nine Hundred Eighty-six Dollars ($22,346,986) is appropriated from the General Fund to the Guam
Police Department for its operations in Fiscal Year 2007 and for the
implementation of Public Law 23-115, relative to permitting Guam Police
Department officers to use their personal vehicles for official purposes.
(b) The
sum of Three Hundred Seventy Thousand Eighty-four Dollars ($370,084) is appropriated from the Police Services Fund to the
Guam Police Department for its operations in Fiscal Year 2007.
(c) The sum
of Five Hundred Forty-six Thousand Nine Hundred Eighteen Dollars ($546,918) is authorized from Federal
Matching Grants-in-Aid to the Guam Police Department for its operations in
Fiscal Year 2007.
Section 2. Temporary
Employment of Retired
CHAPTER III
PART II –
Section
1.
(b) The sum of Two Million Eighty-two
Thousand Seven Hundred Eighty-seven Dollars ($2,082,787) is appropriated from the Enhanced 911 Emergency
Reporting System Fund to the Guam Fire Department for its operations in Fiscal
Year 2007.
(c) The
Guam Fire Department is authorized to use the funds appropriated in this
Section to hire civilian personnel to staff the Enhanced 911 Emergency
Reporting System, thereby allowing existing uniformed firefighters within the
E911 Program to transfer to other firefighting service areas within the
Department. The Department of
Administration shall attempt to attract qualified individuals with disabilities
to apply for such positions.
Section
2. Firefighters – EMT-A
Duty. The sum
of Six Hundred Ninety-five Thousand Two Hundred Seventy-three Dollars ($695,273) is appropriated from the
General Fund to the Guam Fire Department for the purposes of §6223 of Article 2
of Chapter 6 of Title 4 Guam Code Annotated.
Section
3. Continuing Appropriation to
be used for Promotions. The
appropriations contained in Sections 15 and 22, Part II, Chapter II of Public
Law 28-68 shall not expire and shall
continue for Fiscal Year 2007 for the purpose of funding promotions at the Guam
Fire Department and other Department operations.
CHAPTER III
PART III – Department OF CORRECTIONS
Section
1. Department
of Corrections Operations. (a)
The sum of Thirteen Million Nine Hundred Twenty-four Thousand Four
Hundred Twenty-six Dollars ($13,924,426)
is appropriated from the General Fund to the Department of Corrections for its
operations in Fiscal Year 2007.
(b) The sum of One Million Five Hundred
Thirty-nine Thousand One Hundred Thirty-four Dollars ($1,539,134) is appropriated from the Corrections Revolving Fund to
the Department of Corrections to support its operations in Fiscal Year 2007.
Section
2. Department of Corrections
Compensation for Housing Incarcerated Persons.
The sum of Ninety-six Thousand Dollars ($96,000) is appropriated from the Safe Streets Fund to the
Department of Corrections for Fiscal Year 2007 to fund housing for incarcerated
persons.
CHAPTER III
PART IV – Department OF YOUTH AFFAIRS
Section
1. Department of Youth Affairs. The sum of Three Million Three Hundred
Fifty-six Thousand Five Hundred Fifty-one Dollars ($3,356,551) is appropriated from the General Fund to the
Department of Youth Affairs (DYA) for its operations in Fiscal Year 2007.
Section 2.
Youth Program
Appropriation. The sum of Two Hundred Forty-one Thousand Nine
Hundred Forty-four Dollars ($241,944)
is appropriated from the General Fund for Fiscal Year 2007 to the Department of
Youth Affairs to fund programs contracted out to non-governmental organizations
for youths who are runaways, homeless, or victims of abuse.
Section
3. Appropriation
to the Department of Youth Affairs. The sum of Three Hundred Thousand Dollars ($300,000)
is appropriated from the Healthy Futures Fund to the Department of Youth
Affairs for its operations for Fiscal Year 2007.
CHAPTER III
PART V – OFFICE OF THE CHIEF MEDICAL EXAMINER
Section
1. Office
of the Chief Medical Examiner. The sum of Four Hundred Eight Thousand Five
Hundred Fifty-nine Dollars ($408,559)
is appropriated from the General Fund to the Office of the Chief Medical Examiner
for its operations in Fiscal Year 2007.
CHAPTER III
PART VI – CUSTOMS AND QUARANTINE AGENCY
Section
1. Customs and Quarantine
Agency. The sum of Eight
Million One Hundred Sixty-seven Thousand Four Hundred Eighty-four Dollars ($8,167,484) is appropriated from the
Customs, Agriculture and Quarantine Inspection Services Fund to the Customs and
Quarantine Agency for its operations in Fiscal Year 2007.
CHAPTER III
PART VII – OFFICE OF THE ATTORNEY GENERAL,
DEPARTMENT
OF LAW
Section
1. Office
of the Attorney General, Department of Law. (a) The sum of Six Million
Eight Hundred Twenty-eight Thousand Four Hundred Five Dollars ($6,828,405) is appropriated from the
General Fund to the Office of the Attorney General, Department of Law, for its
operations in Fiscal Year 2007, which includes local matching fund
requirements.
(b) The sum of Four Million Two Hundred Five
Thousand Six Hundred Seventy-nine Dollars ($4,205,679)
is authorized from the Federal Matching Grants-in-Aid to the Office of the Attorney
General, Department of Law, for its operations in Fiscal Year
2007.
Section
2. Office of the Attorney
General, Department of Law Office Space Rental. The sum of Three Hundred
Seventy-three Thousand Three Hundred Eighty Dollars ($373,380) is appropriated from the General Fund to the Office
of the Attorney General, Department of Law, for office space
rental in Fiscal Year 2007.
CHAPTER III
PART VIII – Department OF PARKS AND RECREATION
Section
1. Appropriation
for