Chapter 90

CHAPTER 90 NATASHA PROTECTION ACT OF 2005 SOURCE: This entire Chapter was enacted as 10 GCA Chapter 89 by P.L. 21-139:1 (Oct. 1, 1992). However, Chapter 89 had be en previously codified as 'Storage of Hazardous Materials'; therefore, the Compiler codified the law under Chapter 90, and renumbered the provisions accordingly. Amended by P.L. 28-080:2 (Dec. 9, 2005), effective 150 days from enactment. § 90101. Title. § 90102. Legislative Findings and Purpose. § 90103. Definitions. § 90104. Application of Chapter to Territorial Faci lities. § 90105. Prohibition of Smoking in Public Places. § 90106. Regulation of Smoking in Places of Employm ent. § 90107. Where Smoking Not Regulated. § 90108. Posting of Signs. § 90109. Enforcement. § 90109.1. Enforcement Training. § 90110. Violations and Penalties § 90111. Nonretaliation. § 90112. Other Applicable Laws. § 90113. Severability. § 90114. Prohibition of Smoking in a Vehicle When a Child is Present. § 90101. Title. This Chapter shall be known, and may be cited, as t he ‘Natasha Protection Act of 2005.’ 2016 NOTE: This provision was formerly codified as § 90100, an d renumbered § 90101 by the Compiler pursuant to the authority of 1 GCA §

n, and may be cited, as t he ‘Natasha Protection Act of 2005.’ 2016 NOTE: This provision was formerly codified as § 90100, an d renumbered § 90101 by the Compiler pursuant to the authority of 1 GCA § 1606. § 90102. Legislative Findings and Purpose. (a) The Legislature finds that numerous studies hav e proven that tobacco smoke is a major contributor to indoor air pollution; that breathing residual smoke is a cause of disease, inc luding lung cancer, in healthy nonsmokers; that special risk populations a re elderly people, individuals with cardiovascular disease, and indivi duals with impaired respiratory function, including asthmatics and thos e with obstructive airway disease; that a majority of both nonsmokers and smokers desire to COL1/24/2020 have restrictions placed on smoking in public place s and places of employment; and that smoking is a potential cause o f fires, cigarette and cigar burns, and ash stains on merchandise, causing losses to businesses. (b) The Legislature declares that the purposes of t his chapter are (1) to protect the public health and welfare by pro hibiting smoking in public places except in designated smoki ng areas, and by regulating smoking in

declares that the purposes of t his chapter are (1) to protect the public health and welfare by pro hibiting smoking in public places except in designated smoki ng areas, and by regulating smoking in places of employment; and (2) to strike a reasonable balance between the need s of persons who smoke and the right of nonsmokers to breathe sm oke-free air, and to recognize that the right to breathe smoke-fr ee air shall take priority. 2016 NOTE: This provision was formerly codified as § 90101, an d renumbered § 90102 by the Compiler pursuant to the authority of 1 GCA § 1606. The original enactment of this Chapter by P.L. 21-139:1 did not include a provision designated § 90102, and the reason for its omission is unclear f rom the legislative history. § 90103. Definitions. The following words and phrases, when used in this Chapter, shall be construed as follows: (a) Bar , as defined for this Chapter, means an establishme nt or area devoted to the serving of alcoholic beverag es for consumption by guests on the premises in which the serving of food is only incidental to the consumption of such bever ages, and where the sale of alcoholic beverages exceeds fifty perce nt (50%) of the

sumption by guests on the premises in which the serving of food is only incidental to the consumption of such bever ages, and where the sale of alcoholic beverages exceeds fifty perce nt (50%) of the establishment’s gross revenues. The term bar applies to an area within a restaurant establishment when: (1) the serving of alcoholic beverages is located w ithin a physically enclosed area apart from the dining area ; or (2) the serving of alcoholic beverages is located a t an open and well-ventilated area apart from the dining area; or (3) the serving of alcoholic beverages exceeds fift y percent (50%) of the establishment’s gross revenue between the hours of 10:00 p.m. and 4:00 a.m. during those hours. (b) Business means any sole proprietorship, partner ship, corporation or other business entity formed for pro fit-making purposes, including retail establishments, as well as professional COL1/24/2020 corporations and other entities where legal, medica l, or other professional services are delivered. (c) Dining area means any enclosed area containing a counter or tables upon which meals are served.

orporations and other entities where legal, medica l, or other professional services are delivered. (c) Dining area means any enclosed area containing a counter or tables upon which meals are served. (d) Electronic smoking device means any electronic product that can be used to aerosolize and/or deliver nicot ine or other substances to the person inhaling from the device, including, but not limited to, an electronic cigarette, electronic cig ar, electronic cigarillo, electronic pipe, hookah pipe, or hookah pen, and any cartridge or other component of the device or relat ed product, whether or not sold separately. (e) Employee means any person who is employed by an employer in consideration of direct or indirect mon etary wages or profit. (f) Employer means any business, including the gove rnment of Guam and any of its autonomous agencies, which e mploys the services of one (1) or more persons. (g) Enclosed area or the term enclosed, when used r elative to a structure or building, means all space between a floor and ceiling which is completely enclosed on all sides by solid walls or windows (exclusive of doors and passageways) having an air circulation system completely separate

ans all space between a floor and ceiling which is completely enclosed on all sides by solid walls or windows (exclusive of doors and passageways) having an air circulation system completely separate from the dining area. (h) Open area means an outdoor area or all space be tween a floor and ceiling which is enclosed by no more than sixty percent (60%) on all sides by solid walls or windows. (i) Place of employment means any enclosed area und er the control of an employer which employees normally fre quent during the course of employment, including, but not limite d to, work areas, employee lounges and restrooms, conference rooms, a nd hallways. A private residence is not a 'place of employment' unless it is used as a childcare or health care facility. (j) Public place means any enclosed area to which t he public is invited or in which the public is permitted, inc luding, but not limited to, banks, health care facilities, public t ransportation facilities, reception areas, restaurants, retail fo od production and COL1/24/2020 marketing establishments, retail stores, theaters, and waiting rooms.

health care facilities, public t ransportation facilities, reception areas, restaurants, retail fo od production and COL1/24/2020 marketing establishments, retail stores, theaters, and waiting rooms. A private residence is not a 'public place.' (k) Restaurant, as defined for this Chapter, means any retail eating establishment other than a bar where food is served or provided for onsite consumption by seated patrons t hat is regulated by the Department of Public Health and Social Servi ces, including any private food establishment or club where food i s served or provided for on-site consumption by seated patrons in which only members or their guests are permitted. If a restaur ant includes an area devoted to the serving of alcoholic beverages that is not enclosed or is not located within a well-ventilated open area apart from the dining area, that area shall be deemed par t of the 'restaurant,' not a separate 'bar,' as used in this Chapter. (l) Retail tobacco store means a retail store utili zed primarily for the sale of tobacco products and accessories, a nd in which the sale of other products is merely incidental.

sed in this Chapter. (l) Retail tobacco store means a retail store utili zed primarily for the sale of tobacco products and accessories, a nd in which the sale of other products is merely incidental. (m) Service line means any indoor line at which one (1) or more persons are waiting for or receiving services of any kind. (n) Smoke ventilation device means devices that are inspected and regulated by the Guam Environmental Protection Agency and approved by the Department of Public Health and Soc ial Services (DPHSS) pursuant to 10 GCA § 21101 and § 21102, in accordance with the standards of the American Society of Heati ng, Refrigeration and Air Conditioning Engineers, which adequately improves air quality within enclosed areas where sm oking occurs consisting of: (1) an approved mechanical device that aspirates ai r contaminated by smoking within an enclosed area to an external open area; or (2) an approved aeration device that filters, mecha nically or ionically, air contaminated by smoking within an enclosed area improving air quality standards. (o) Smoking means inhaling, exhaling, or burning an y lighted or heated tobacco product or plant product intended for inhalation in any

moking within an enclosed area improving air quality standards. (o) Smoking means inhaling, exhaling, or burning an y lighted or heated tobacco product or plant product intended for inhalation in any manner or in any form. Smoking includes the use of an electronic smoking device. COL1/24/2020 (p) Sports arena means the enclosed area of any spo rts pavilions, gymnasiums, health spas, swimming pools, roller and ice rinks, bowling alleys, and other similar places whe re members of the general public assemble either to engage in phy sical exercise, participate in athletic competition, or witness spo rts events. (q) Tobacco product means any product made or deriv ed from tobacco, that contains nicotine or other substances , and is intended for human consumption or is likely to be consumed, whether smoked, heated, chewed, absorbed, dissolved, inhale d, or ingested by any other means, including, but not limited to, a cigarette, cigar, pipe tobacco, chewing tobacco, snuff, snus, or an e lectronic smoking device. Tobacco product does not include dr ugs, devices, or combination products approved for sale by the Un ited States Food and Drug Administration, as those terms are de fined in the

onic smoking device. Tobacco product does not include dr ugs, devices, or combination products approved for sale by the Un ited States Food and Drug Administration, as those terms are de fined in the Federal Food, Drug, and Cosmetic Act. SOURCE: Added by P.L. 21-139:1 (Oct. 1, 1992) as § 89103, renumbered § 90103 by the Compiler. Amended by P.L. 28-80:3 (Dec . 9, 2005), effective 150 days from enactment. Amended by P.L. 35-047:1 (Nov. 12, 2019). 2016 NOTE: Subsection/subsitem designations added and altered pursuant to the authority of 1 GCA § 1606. § 90104. Application of Chapter to Territorial Faci lities. All enclosed facilities owned, leased, occupied by or operated for and on behalf of the government of Guam shall be s ubject to the provisions of this chapter. § 90105. Prohibition of Smoking in Public Places. (a) Smoking shall be prohibited in all enclosed public places and within twenty (20) feet of the entrance or exit of enclosed public places, including, but not limited to, the following places: (1) Elevators. (2) (A) Buses, taxicabs, airplanes, and other mean s of public transit, and ticket, boarding, and waiting areas of public transport depots, including bus stops, bus

e following places: (1) Elevators. (2) (A) Buses, taxicabs, airplanes, and other mean s of public transit, and ticket, boarding, and waiting areas of public transport depots, including bus stops, bus shelters , or any facility provided for students waiting for bus tran sportation to and from school. (B) All monies collected from citations issued, pur suant to this subsection, shall be deposited in the Police S ervices Fund. COL1/24/2020 (3) Restrooms. (4) Service lines. (5) All areas available to and customarily used by the general public in all businesses patronized by the public. (6) Restaurants. (7) Public areas of aquariums, galleries, libraries and museums when open to the public. (8) Any building not open to the sky which is prima rily used for exhibiting motion pictures, stage shows, musica l recitals or other performances, except when smoking is part of a stag e production. (9) Sports arenas and convention halls. (10) Every place of meeting or public assembly duri ng such time as a public meeting is in progress. (11) Waiting rooms, hallways, wards and semi-privat e rooms for health facilities, including, but not limited t o, hospitals, clinics, physical therapy facilities,

as a public meeting is in progress. (11) Waiting rooms, hallways, wards and semi-privat e rooms for health facilities, including, but not limited t o, hospitals, clinics, physical therapy facilities, doctors’ offices and d entists’ offices. (12) Polling places. (13) Bars, except as provided pursuant to § 90107(b ) of this Chapter. The enforcement of this Item shall become effective January 1, 2017. (b) Any owner, operator, manager or other person who controls any establishment, facility or area described withi n this Chapter where smoking is not or in-part regulated, may prohibit s moking to occur within the entire establishment, facility or area a nd § 90109, § 90110, and § 90111 of this Chapter shall apply. (c) Smoking may be permitted within twenty (20) fe et of the entrance or exit of a public place only if such smo king area is an open outdoor patio contiguous to the public place and is controlled by the proprietor or management of the public place. (1) This Subsection shall not apply to a location w hich would place the smoking area within twenty (20) feet of t he public entrance of another public place not controlled by the proprietor or management.

is Subsection shall not apply to a location w hich would place the smoking area within twenty (20) feet of t he public entrance of another public place not controlled by the proprietor or management. COL1/24/2020 (2) This Subsection shall not apply to government o f Guam agencies and facilities, which shall comply with th e twenty (20) feet prohibition pursuant to 10 GCA § 90105(a). SOURCE: Added by P.L. 21-139:1 (Oct. 1, 1992) as § 89105, renumbered § 90105 by the Compiler. Amended by P.L. 28-80:4 (De c. 9, 2005),effective 150 days from enactment, pursuant to P.L. 28-80:6. Sub section (a)(2) amended by P.L. 29-013:3 (Sept. 7, 2007). Subsection (a) amended b y P.L. 30-063:1 (Nov. 27, 2009). Subitem (a)(13) added by P.L. 33-121:5 (Feb. 4, 2016). Subsection (c) added P.L. 30-063:2 (Nov. 27, 2009), amended by P.L . 33-121:6 (Feb. 4, 2016). § 90105.1. Prohibition of Smoking on Airline Flight s to and from Guam. Smoking is prohibited on board the aircraft of any flight that takes off and lands on Guam, from the point of embarkatio n to the point of debarkation, for the duration of the flight to and from Guam.

moking is prohibited on board the aircraft of any flight that takes off and lands on Guam, from the point of embarkatio n to the point of debarkation, for the duration of the flight to and from Guam. Notwithstanding any other provision of this Chapter , the prohibition in this § 89105.1 shall be enforced by the airline per sonnel operating the aircraft in the same manner as any other rule or re gulation authorized to be enforced by airline personnel in regard to passe nger behavior on board aircraft. SOURCE: Added by P.L. 22-90:1(b) as § 89105.1, renumbered § 90105.1 by the Compiler pursuant to the authority of 1 GCA § 1606. § 90106. Regulation of Smoking in Places of Employm ent. (a) It shall be the responsibility of employers to provide smoke-free areas for nonsmoking employees within existing faci lities to the maximum extent possible. (b) Within ninety (90) days of the effective date o f this chapter, each employer having an enclosed place of employment sha ll adopt, implement, make known and maintain a written smokin g policy, consistent with the provisions of this chapter. (c) The smoking policy shall be communicated to all employees within three (3) weeks of its adoption.

ake known and maintain a written smokin g policy, consistent with the provisions of this chapter. (c) The smoking policy shall be communicated to all employees within three (3) weeks of its adoption. (d) All employers shall supply a written copy of th e smoking policy upon request of any existing or prospective employe e. (e) Notwithstanding any other provisions of this § 90106, every employer shall have the right to designate any plac e of employment, or portion thereof, as a nonsmoking area. COL1/24/2020 § 90107. Where Smoking Not Regulated. (a) Notwithstanding any other provisions of this Ch apter, the following areas shall not be subject to the smoking restrictions of this Chapter: (1) private residences, except when used as a child care facility or health care facility; (2) hotel and motel rooms rented to guests; (3) retail tobacco stores; and (4) a private enclosed office work place occupied e xclusively by one (1) or more smokers. (b) The A.B. Won Pat Guam International Airport Aut hority is the only facility, pursuant to Board action, that may p rovide a separate, fully enclosed non-service room, where beverages and food are not allowed, for smoking, provided it shall be

t Aut hority is the only facility, pursuant to Board action, that may p rovide a separate, fully enclosed non-service room, where beverages and food are not allowed, for smoking, provided it shall be segregated and ad equately ventilated with a smoke ventilation device for the size of the room pursuant to § 90103 apart from the main bar where service is prov ided. In addition, an air curtain shall be placed above the entrance and exit doors of the room to minimize the release of smoke into other areas o f the facility. SOURCE: Added by P.L. 21-139:1 (Oct. 1, 1992) as § 89107, renumbered § 90107 by the Compiler. Amended by P.L. 28-080:5 (De c. 9, 2005), effective 150 days from enactment, Subsection (b) repealed by P.L . 28-170:3 (Jan. 29, 2007). Amended by P.L. 33-121:7 (Feb. 4, 2016). § 90108. Posting of Signs. (a) 'Smoking' or 'No Smoking' signs, whichever are appropriate, with letters of not less than one inch (1') in heig ht or the international 'No Smoking' symbol (consisting of a pictorial repr esentation of a burning cigarette enclosed in a red circle with a r ed bar across it) shall be clearly and conspicuously posted in every building and within twenty (20) feet of the

f a pictorial repr esentation of a burning cigarette enclosed in a red circle with a r ed bar across it) shall be clearly and conspicuously posted in every building and within twenty (20) feet of the entrance or exit of a public place where smoking is regulated by this Chapter by the owner, operator, m anager or other person having control of such building or other pla ce. (b) Every theater owner, manager or operator shall conspicuously post signs in the lobby stating that smoking is pro hibited within the theater or auditorium. COL1/24/2020 (c) Every restaurant shall have posted at every ent rance a conspicuous sign clearly stating if a nonsmoking se ction is available, and where such a section is available, and every patron shall be asked to his or her preference. SOURCE: Added by P.L. 21-139:1 (Oct. 1, 1992) as 9 GCA § 8 9108, renumbered § 90108 by the Compiler. Subsection (a) amended by P.L. 33-121:11 (Feb. 4, 2016). § 90109. Enforcement. (a) This Chapter may be enforced by: (1) any peace officer as defined by 8 GCA § 5.55; (2) any employee of the Department of Public Health and Social Services when authorized in writing by the D irector of Public Health and Social Services to

y peace officer as defined by 8 GCA § 5.55; (2) any employee of the Department of Public Health and Social Services when authorized in writing by the D irector of Public Health and Social Services to enforce the provision s of this Chapter; (3) any employee of the Guam Environmental Protecti on Agency when authorized in writing by the Administra tor of the Guam Environmental Protection Agency to enforce the provisions of this Chapter; (4) a Citizen Assisted Police Enforcement (CAPE) vo lunteer, as provided pursuant to § 77302 of Article 3, Chapt er 77, Title 10, Guam Code Annotated; (5) all security officers employed by the governmen t of Guam, or performing security work for the governmen t of Guam or employed by private entity pursuant to their employ er’s contract, for any government of Guam agency, authority or departm ent, by whatever name, both autonomous and line agencies, o f the government of Guam; (6) private security personnel employed by private security companies which have elected to provide security se rvices for business establishments desiring to enforce the Nat asha Protection Act, and who have been duly trained by a qualified government identified entity for the

e elected to provide security se rvices for business establishments desiring to enforce the Nat asha Protection Act, and who have been duly trained by a qualified government identified entity for the execution of such respons ibilities; and (7) private security personnel employed by business establishments, which have elected to provide secur ity services to include compliance with the Natasha Protection Act, and who have COL1/24/2020 been duly trained by a qualified government identif ied entity for the execution of such responsibilities. (b) The enforcement of this Chapter shall be undert aken subject to the provisions of 8 GCA Chapter 25. (c) The Director of a government of Guam agency, au thority, department or instrumentality, by whatever name, bo th autonomous and line agencies, shall be authorized to delegate the authority and responsibility to an employee to additionally serve and function as a designated no-smoking enforcement officer for the p urpose of ensuring compliance with this Chapter in and around a govern ment facility. SOURCE: Added by P.L. 21-139:1 (Oct. 1, 1992) as 9 GCA § 8 9109, renumbered § 90109. Amended by sections 1, 2, and 10 of P.L. 3 3-121 (Feb.

nce with this Chapter in and around a govern ment facility. SOURCE: Added by P.L. 21-139:1 (Oct. 1, 1992) as 9 GCA § 8 9109, renumbered § 90109. Amended by sections 1, 2, and 10 of P.L. 3 3-121 (Feb. 4, 2016), to include the repeal of subsection (a)(4). 2016 NOTE: The repeal of subsection (a)(4) by P.L. 33-121:10 w as incorporated as part of the general amendment of the entire prov ision by P.L. 33-121:1, in light of the express authorization, of 10 GCA § 77302 as amended by P.L. 33-121:4, to provide CAPE volunteers with the authority to enfor ce the Natasha Protection Act of 2005. § 90109.1. Enforcement Training. (a) The Bureau of Community Health Services of the Department of Public Health and Social Services, in conjunction w ith the Peace Project of the Guam Behavioral Health and Wellness Center a nd the Guam Police Department, shall develop the minimum criter ia for a basic training program for private security personnel, as provided pursuant to Items (7) and (8) of § 90109(a) of this Chapter, wh ich shall, at a minimum, provide for: (1) an understanding of 10 GCA Chapter 90; (2) the proper issuance of smoking violation citati ons; (3) obtaining a certificate demonstrating

of this Chapter, wh ich shall, at a minimum, provide for: (1) an understanding of 10 GCA Chapter 90; (2) the proper issuance of smoking violation citati ons; (3) obtaining a certificate demonstrating the compl etion of a required course of instruction and training that in cludes training in measures to avoid dangerous confrontations with vio lators of this Section; and (4) other basic training deemed appropriate for saf e and proper enforcement. (b) The training program criteria developed by the Bureau of Community Health Services of the Department of Publ ic Health and COL1/24/2020 Social Services, in conjunction with the Peace Proj ect of the Guam Behavioral Health and Wellness Center and the Guam Police Department pursuant to this Section, shall be submitted to I Liheslaturan Guåhan for informational purposes sixty (60) days prior to the date of implementation. SOURCE: Added by P.L. 33-121:3 (Feb. 4, 2016). § 90110. Violations and Penalties. (a) It shall be unlawful for any person who owns, o perates or otherwise controls any premises subject to regulati on under this chapter to fail to comply with any of its provisions.

s and Penalties. (a) It shall be unlawful for any person who owns, o perates or otherwise controls any premises subject to regulati on under this chapter to fail to comply with any of its provisions. (b) It shall be unlawful for any person to smoke in any area where smoking is prohibited by the provisions of this cha pter. (c) Any person who violates any of the provisions of subparagraph (a) and (b) of this § 90110 shall, upon conviction thereof, be punished by: (1) A fine not exceeding One Hundred Dollars ($100) for a first violation. (2) A fine not exceeding Two Hundred Dollars ($200) for a second violation. (3) A fine not exceeding Five Hundred Dollars ($500 ) for each additional violation thereafter. (d) Any business which violates any of the provisio ns of subparagraphs (a) and (b) of this § 90110 shall, up on conviction thereof, be punished by: (1) A fine not exceeding One Thousand Dollars ($1,0 00) for a first violation. (2) A fine not exceeding Two Thousand Dollars ($2,0 00) for a second violation. (3) A fine not exceeding Three Thousand Dollars ($3 ,000) for each additional violation thereafter. § 90111. Nonretaliation.

fine not exceeding Two Thousand Dollars ($2,0 00) for a second violation. (3) A fine not exceeding Three Thousand Dollars ($3 ,000) for each additional violation thereafter. § 90111. Nonretaliation. COL1/24/2020 No person or employer shall discharge or in any man ner retaliate against any employee because such employee exercise s any rights afforded by this chapter. § 90112. Other Applicable Laws. This chapter shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicabl e laws. § 90113. Severability. If any provision, clause, sentence or paragraph of this chapter or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not effect the other provisio ns of this chapter which can be given effect without the invalid provision o r application; and to this end the provisions of this chapter are declare d to be severable. § 90114. Prohibition of Smoking in a Vehicle When a Child is Present. (a) Smoking is prohibited in a motor vehicle if a c hild who is seventeen (17) years of age or younger or a pregnan t woman is present in the vehicle, regardless of whether the vehicle is m oving or

(a) Smoking is prohibited in a motor vehicle if a c hild who is seventeen (17) years of age or younger or a pregnan t woman is present in the vehicle, regardless of whether the vehicle is m oving or stationary. (b) A person who is in violation of Subsection (a) shall, upon conviction thereof, be subject to a maximum fine of One Hundred Dollars ($100.00) for a first offense. Alternativel y, the offender may plead guilty to the offense and remit a fine of One Hundred Dollars ($100.00). (c) A person who is in violation of Subsection (a) shall, upon conviction thereof, be subject to a fine of no less than One Hundred Dollars ($100.00) and no more than Two Hundred Doll ars ($200.00) for a second offense. The fine shall not be suspended b y the court for second or subsequent offenses. Alternatively, the offender may plead guilty to the offense and remit a fine of Two Hundred Dollars ($200.00). (d) A person who is in violation of Subsection (a) shall, upon conviction thereof, be subject to a fine of no less than Two Hundred Dollars ($200.00) and no more than Five Hundred Dol lars ($500.00) for a third offense, and for each additional violation thereafter.

viction thereof, be subject to a fine of no less than Two Hundred Dollars ($200.00) and no more than Five Hundred Dol lars ($500.00) for a third offense, and for each additional violation thereafter. Alternatively, the offender may plead guilty to the offense and re mit a fine of Five Hundred Dollars ($500.00). (e) Enforcement of this Section by a local law enfo rcement officer COL1/24/2020 shall be conducted whenever a violation is witnesse d. (f) Three (3) or more violations of this Section ma y be used as a basis for or evidence of child abuse or neglect. (g) All fines paid, upon a conviction pursuant to a violation of this § 90114, shall be deposited in the Guam Cancer Trus t Fund (P.L. 30-80, codified in Title 11, Chapter 26, Guam Code Annotat ed, as amended), and shall be expended pursuant to applicable law an d regulations pertaining to the Fund. SOURCE: Added by P.L. 31-102:2 (Sept. 30, 2011), amended by P.L. 33-121:9 (Feb. 4, 2016). --------- COL1/24/2020