Chapter 8

10 GCA HEALTH AND SAFETY CH. 8 SENIOR CITIZENS CHAPTER 8 SENIOR CITIZENS § 8101. Citation. § 8102. Definitions. § 8103. Establishment. § 8104. Duties and Responsibilities. § 8104.1. Same. § 8104.2. Use of Federal Funds Authorized. § 8105. Guam Council on Senior Citizens. § 8106. Council Powers. § 8107. Council Meetings. § 8108. Chief Administrative Officer. § 8109. Functions. § 8110. Criteria for Senior Citizens' Home. § 8111. Appropriations and Expenditures. § 8112. Federal Grants. § 8113. Division of Senior Citizens Auxiliary Servi ce and Development Fund. § 8114. Annual Report. § 8115. Voluntary Services. § 8116. Manamko Yan Manhoben Program. § 8101. Citation. This Chapter may be cited as the Senior Citizens Act of 1978. SOURCE: GC § 9980, as added by P.L. 14-139. § 8102. Definitions . (a) Division means the Division of Senior Citizens. (b) Administrator means the head of the division to be known as the Senior Citizens Administrator. (c) Council means the Guam Council on Senior Citizens. (d) Senior Citizen means any person fifty-five (55) years of age or older. (e) Director means the Director of the Department of Public Health and Social Services.

the Guam Council on Senior Citizens. (d) Senior Citizen means any person fifty-five (55) years of age or older. (e) Director means the Director of the Department of Public Health and Social Services. SOURCE: GC § 9981, as added by P.L. 14-139. COL11/8/201910 GCA HEALTH AND SAFETY CH. 8 SENIOR CITIZENS § 8103. Establishment. There is hereby established within the Department of Public Health and Social Services the Division of Senior C itizens which shall plan, coordinate or implement programs geared toward assisting senior citizens in their needs and proble ms and in their attainment or maintenance of a satisfying life-styl e. SOURCE: GC § 9982, as added by P.L. 14-139. § 8104. Duties and Responsibilities. The Division shall: (a) formulate plans and policies, develop a compreh ensive approach, coordinate or implement programs and serv ices to enable senior citizens to develop or maintain their full potential, skills, abilities, community participation and citi zenship; (b) extend senior citizens' services and programs t o all areas of Guam; (c) encourage, through direct or indirect means, al l senior citizens, especially those in need of assistance, g uidance and motivation, to

nior citizens' services and programs t o all areas of Guam; (c) encourage, through direct or indirect means, al l senior citizens, especially those in need of assistance, g uidance and motivation, to make use of existing senior citizens ' facilities, services and programs; (d) establish a comprehensive approach to providing or making available services and programs to senior ci tizens taking into consideration the coordination or consolidatio n of existing programs and services and planning and implementing new programs and services where deemed necessary; (e) cooperate with civic, business, fraternal and c ommunity organizations or groups which provide or sponsor pr ograms and services beneficial to senior citizens; (f) conduct research and disseminate information re lative to senior citizens' needs and problems; (g) keep the Governor, the Guam Legislature, the Di strict Commissioners and the general public informed on al l major developments and achievements in senior citizens' p rograms and services; (h) be the principal agency which has general and immediate purview of senior citizens' activities, p rograms, COL11/8/201910 GCA HEALTH AND SAFETY CH.

nts in senior citizens' p rograms and services; (h) be the principal agency which has general and immediate purview of senior citizens' activities, p rograms, COL11/8/201910 GCA HEALTH AND SAFETY CH. 8 SENIOR CITIZENS functions and services under the Older Americans Ac t and any other federal acts with the territory of Guam; (i) initiate a program to provide for proper and ap propriate housing facilities for senior citizens; and (j) administer the senior citizens community employ ment program. SOURCE: GC § 9983, as amended by P.L. 15-142 and 16-109. § 8104.1. Same. (a) The Senior Citizens Community Employment Progr am shall provide employment opportunities to the Terri tory's senior citizens who are able to be gainfully employed. (b) Preference for employment in the Senior Citiz ens Community Employment Program shall be given to seni or citizens (1) first preference shall be given to those senior citizens without any source of steady income, exclu sive of public assistance grant; (2) second preference shall be given to senior citi zens with sources of steady income but the total of whic h does not exceed Five Thousand Dollars ($5,000) per annum ; and (3) third preference shall be

second preference shall be given to senior citi zens with sources of steady income but the total of whic h does not exceed Five Thousand Dollars ($5,000) per annum ; and (3) third preference shall be given to senior citiz ens who have demonstrated a need to supplement their in come even though their steady income does exceed Five Thousand Dollars ($5,000) annually. (c) The program may provide for cooperative employm ent arrangements between the Government and private emp loyers. The Government may supplement wages paid to senior citizens by private employers. Employment of senior citizens may be within the three (3) branches of the government of Guam. The employment of an eligible senior citizen shall be i n the area that makes best use of the senior citizen's expertise an d experience. (d) The Department of Public Health and Social Se rvices shall establish such procedures, rules and regulati ons to implement the provisions of this program not incons istent with provisions of Guam law and applicable federal law. The COL11/8/201910 GCA HEALTH AND SAFETY CH. 8 SENIOR CITIZENS Administrative Adjudication Act shall not apply to the adoption of rules and regulations with respect to

law and applicable federal law. The COL11/8/201910 GCA HEALTH AND SAFETY CH. 8 SENIOR CITIZENS Administrative Adjudication Act shall not apply to the adoption of rules and regulations with respect to the Senior Citizens Community Employment Program. SOURCE: GC § 9983.1, as added by P.L. 16-109. § 8104.2. Use of Federal Funds Authorized. The Department of Public Health and Social Service s may receive and expend funds from the United States gov ernment for senior citizens employment programs. The expenditur e of the funds shall be in accordance with federal requireme nts but shall be as compatible as possible with the Guam Senior C itizens Community Employment Program. SOURCE: GC § 9983.2, as added by P.L. 16-109. § 8105. Guam Council on Senior Citizens. (a) There is established within the Division the Gu am Council on Senior Citizens (Council). The Council shall function in consonance with § 8106 of this Chapter and pursu ant to the federal guidelines contained under Section 10a(3) o f Title III of the Older Americans Act of 1965, as amended. The Co uncil shall consist of nine (9) members, the majority of whom shall be at least fifty-five (55) years of age or older, to be

0a(3) o f Title III of the Older Americans Act of 1965, as amended. The Co uncil shall consist of nine (9) members, the majority of whom shall be at least fifty-five (55) years of age or older, to be appointed by I Maga'håga (the Governor), seven (7) of whom shall be appointed from the following: (1) Mayors Council of Guam - one (1) member; (2) Guam Association of Retired Persons - one (1) member; (3) Southern Region Community - one (1) member; (4) Central Region Community - one (1) member; (5) Northern Region Community - one (1) member; (6) Guam Chapter of the National Association of Retired Federal Employees - one (1) member; and (7) Guam Chapter of the American Association of Retired Persons - one (1) member. (b) The remaining two (2) members shall be appointed by I Maga'håga (the Governor) from representatives of the COL11/8/201910 GCA HEALTH AND SAFETY CH. 8 SENIOR CITIZENS community at large, such as from the government, re tiree organizations, the ministry, and from civic, profes sional, and non-profit organizations. (c) At its initial meeting, the Council members shall elect from among its ranks a chairperson and vice chairpe rson.

tions, the ministry, and from civic, profes sional, and non-profit organizations. (c) At its initial meeting, the Council members shall elect from among its ranks a chairperson and vice chairpe rson. Five (5) members of the Council shall constitute a quorum. The affirmative vote of a majority of members present a t a duly constituted meeting at which a quorum is present shall be necessary for Council action. (d) All Council members shall be appointed to serve for three (3) year periods. Members of the Council shall be paid at the rate of Fifty Dollars ($50.00) for each day’s a ttendance at a meeting of the Council; provided, however, that suc h compensation shall not exceed One Hundred Dollars ($100.00) per month, and Council members may be reimbursed fo r reasonable expenses incurred in carrying out their duties. SOURCE: GC § 9984, as amended by P.L. 15-148:30 (Jan. 8, 19 81). Codified by the Compiler as 10 GCA 8105. Repealed a nd reenacted by P.L. 21-004:1 (Apr. 19, 1991); amended by P.L. 22-1 05:2 (Apr. 1, 1994) and P.L. 35-031:2 (Sept 4, 2019). 2019 NOTE: Subsection designations added/altered pursuant to authority granted by 1 GCA § 1606. § 8106. Council Powers.

91); amended by P.L. 22-1 05:2 (Apr. 1, 1994) and P.L. 35-031:2 (Sept 4, 2019). 2019 NOTE: Subsection designations added/altered pursuant to authority granted by 1 GCA § 1606. § 8106. Council Powers. Although the Director maintains general supervisio n and control, the Council shall provide initial review o f the senior citizens' programs under this Chapter and for that purpose it shall: (a) Furnish leadership needed for long- range plann ing; (b) Accept, with the approval of the Director, on b ehalf of and in the name of the government of Guam, from any government or agency thereof or any person, natural or legal advisory services, donations and gifts, provided, h owever, that any grants-in-aid or other form of assistance invol ving a financial obligation on the part of the government of Guam shall require the prior approval of the Governor and a de termination by the division's certifying officer of the availab ility of funds; COL11/8/201910 GCA HEALTH AND SAFETY CH. 8 SENIOR CITIZENS (c) Adopt such rules and regulations as may be nece ssary to implement the provisions of this Chapter; (d) Work along with the Director for the coordinati on or implementation of programs,

R CITIZENS (c) Adopt such rules and regulations as may be nece ssary to implement the provisions of this Chapter; (d) Work along with the Director for the coordinati on or implementation of programs, activities and services for the elderly; (e) Serve as a Senior Citizens Housing Board and in this capacity shall undertake the following: (1) To make or cause to be made feasibility studies regarding the size, cost, site, financing and plann ing for the proposed construction of senior citizens' homes; (2) To select an appropriate site for the senior ci tizens' homes; (3) To prepare or cause to be prepared preliminary plans for the construction of the senior citizens' homes; and (4) To engage architects, engineers, contractors, subcontractors, clerical and any other technical as sistance necessary to carry out these purposes and enter int o any and all agreements necessary to carry out these purpose s. SOURCE: GC § 9985, as added by P.L. 14-139. § 8107. Council Meetings. The Council shall meet at such times and places as it shall prescribe by rule or resolution, at least once per month. All its meetings shall be public and notice of such meeting s shall be given three (3) days prior to

eet at such times and places as it shall prescribe by rule or resolution, at least once per month. All its meetings shall be public and notice of such meeting s shall be given three (3) days prior to the date scheduled. SOURCE: GC § 9986, as added by P.L. 14-139. § 8108. Chief Administrative Officer. The Senior Citizens Administrator shall be the Chi ef Administrative Officer of the division and the Exec utive Secretary of the Council. SOURCE: GC § 9987, as added by P.L. 14-139. § 8109. Functions. The division shall carry out such functions geared towards responding to the needs and problems of the elderly including but not limited to the following: COL11/8/201910 GCA HEALTH AND SAFETY CH. 8 SENIOR CITIZENS (a) Make contact with all senior citizens in variou s districts and provide at the district level such services as outreach, intake processing, referrals and other such services as ar e necessary; (b) Plan, coordinate, oversee or implement recreati onal and leisure activities and other cultural programs; (c) Plan, oversee, coordinate or implement programs and activities to enhance or promote self-development, including but not limited to arts and crafts, counseling, continu ing

her cultural programs; (c) Plan, oversee, coordinate or implement programs and activities to enhance or promote self-development, including but not limited to arts and crafts, counseling, continu ing education, music appreciation, job development and skill train ing; (d) Plan, oversee, coordinate or implement programs relative to the nutritional home service and transp ortation needs of senior citizens; and (e) Plan, oversee, coordinate or implement programs and activities for health care, including but not limit ed to the medical, health and social services and special hom es for the aged. SOURCE: GC § 9988, as added by P.L. 14-139. § 8110. Criteria for Senior Citizens' Home. (a) The senior citizens' home may consist of apart ments, condominiums, cooperatives or other similar congreg ate types of structures. (b) The home may be located in an area that will provide easy access for the elderly to the centers of shopp ing and government. (c) Such home shall be designed so as to include facilities for the physical and medical care of its senior cit izens residents. (d) Such home shall be operated in such a manner so as to provide, as much as practical, for the continuing i

o include facilities for the physical and medical care of its senior cit izens residents. (d) Such home shall be operated in such a manner so as to provide, as much as practical, for the continuing i ndependence of the senior citizens residing therein, may be instit utional or non- institutional and shall have the features of a 'hom e.' SOURCE: GC § 9989, as added by P.L. 14-139. § 8111. Appropriations and Expenditures. All requests or proposals for appropriations from t he public funds of Guam and from the Federal government for t he general operation and programs of the division shall be pre pared by the COL11/8/201910 GCA HEALTH AND SAFETY CH. 8 SENIOR CITIZENS Administrator subject to the review of the Council and approval of the Director prior to submission to the Governor . SOURCE: GC § 9990, as added by P.L. 14-139. § 8112. Federal Grants. The division shall comply with all Federal require ments and adopt such rules and regulations as needed relative to Federal grants and grants-in-aid for the aging programs. SOURCE: GC § 9991, as added by P.L. 14-139. § 8113. Division of Senior Citizens Auxiliary Servi ce and Development Fund.

as needed relative to Federal grants and grants-in-aid for the aging programs. SOURCE: GC § 9991, as added by P.L. 14-139. § 8113. Division of Senior Citizens Auxiliary Servi ce and Development Fund. (a) For the purpose of securing, insofar as possib le, self- supporting activities of some programs of the divis ion, there is hereby established a fund to be known as the 'Divis ion of Senior Citizens Auxiliary Service and Development Fund' wh ich shall be maintained in connection therewith. (b) All monies received by the division from its auxiliary services, donations and gifts shall be deposited in said Division of Senior Citizens Auxiliary Service and Developmen t Fund. All debts, liabilities and obligations of any such serv ices shall be paid from said fund. The Administrator of the divis ion shall render monthly to the Council a statement reflectin g the correct and up-to-date financial condition of said fund. SOURCE: GC § 9992, as added by P.L. 14-139. § 8114. Annual Report. The Council shall make an annual report to the Dir ector, who in turn shall provide a copy of said report to the Governor and the Legislature at the termination of each fisc al year setting forth a

. The Council shall make an annual report to the Dir ector, who in turn shall provide a copy of said report to the Governor and the Legislature at the termination of each fisc al year setting forth a summation of its activities and general rec ommendations. SOURCE: GC § 9993, as added by P.L. 14-139. § 8115. Voluntary Services . The division is authorized to accept services of i ndividuals and organizations, on a voluntary basis, in its pro grams under a carefully planned and supervised manner. SOURCE: GC § 9994, as added by P.L. 14-139. § 8116. Manamko Yan Manhoben Program . COL11/8/201910 GCA HEALTH AND SAFETY CH. 8 SENIOR CITIZENS (a) There is established within the Division of Se nior Citizens of the Department of Public Health and Soc ial Services, the Manamko Yan Manhoben program (the 'Program') which shall consist of a two (2) hour cultural and educat ional exchange designed for youths, wherein the elderly participan ts from Guam's senior citizens teach arts and crafts. (b) The Guam Council on Senior Citizens shall with the Territorial Board of Education, the Department of Y outh Affairs, the Mayors' Council, the University of Guam, and th e Guam Association of Retired

The Guam Council on Senior Citizens shall with the Territorial Board of Education, the Department of Y outh Affairs, the Mayors' Council, the University of Guam, and th e Guam Association of Retired Persons/ Servicio Para I Manamko , establish a coordinating committee which shall have the following responsibilities: (1) Establish a curriculum or program guideline tak ing into consideration the available cultural, traditio nal, and educational skills within each Senior Citizen Cente r, and the general elderly populace; (2) Determine the readiness of each school and the Division of Senior Citizens of the Department of Pu blic Health and Social Services for the implementation o f the Program; (3) Provide transportation of participating senior citizens to and from the school sites; (4) Determine if any additional programs could be enhanced by the inclusion of senior citizens as tea chers. (c) Senior citizens employed under the Program sh all be paid a wage not less than Guam's minimum wage. SOURCE: Added by P.L. 20-171:1; further amended by P.L. 22- 103. ------ COL11/8/2019