Chapter 2

2 GCA LEGISLATIVE BRANCH CH. 2 STATUTES 1 CHAPTER 2 STATUTES § 2101. Enacting Clause. § 2102. Resolving Clause. § 2103. Public Hearings Mandatory. § 2104. Number of Votes Required. § 2105. Effect of Repeal or Amendment. § 2106. Equal Rights for Women. § 2107. Separate Consideration of Land Bills. § 2108. Separate Consideration of Unrelated Matters . § 2109. Submission of Fiscal Year Budget to I Maga’lahi . § 2110. 'Land Zoning Consideration Reports' Require d for Land Zoning Legislation. § 2111. Separate Consideration of Debt Ceiling Adju stments. § 2112. Revolving or Special Revenue Fund Appropria tion, Exception to Enabling Legislation. § 2101. Enacting Clause . The enacting clause of all laws shall hereafter re ad, ‘BE IT ENACTED BY THE PEOPLE OF GUAM’. SOURCE: GC § 1101. Amended by P.L. 24-165:1. § 2102. Resolving Clause . The resolving clause of all resolutions shall read, ‘BE IT RESOLVED BY THE LEGISLATURE OF GUAM.’ SOURCE: GC § 1102. Amended by P.L. 24-165:2. § 2103. Public Hearings Mandatory. (a) No bill may be passed by I Liheslatura unless it has received a public hearing, except that when the presiding offi cer of I Liheslatura certifies that emergency conditions exist,

ings Mandatory. (a) No bill may be passed by I Liheslatura unless it has received a public hearing, except that when the presiding offi cer of I Liheslatura certifies that emergency conditions exist, involvin g danger to the public health or safety, the requirement for a public hear ing may be waived and in the event the bill is identical to a bill introduce d earlier, which later bill received a public hearing, then a public hearing fo r the identical bill may be waived. (b) No substantive resolution that is to be transmi tted to the U.S. President, a member of the U.S. Congress, or a head of a foreign state, may be passed by I Liheslatura unless it has received a public hearing. Said COL13120182 GCA LEGISLATIVE BRANCH CH. 2 STATUTES 2 public hearing shall be conducted by the primary au thor of the resolution. The resolution may then be placed on I Liheslatura’ s agenda upon the written request of the primary author to the Speake r without further committee action and without a committee report. SOURCE: GC § 1102.1. Amended by P.L. 25-022 and P.L. 28-01 2:2. § 2104. Number of Votes Required.

f the primary author to the Speake r without further committee action and without a committee report. SOURCE: GC § 1102.1. Amended by P.L. 25-022 and P.L. 28-01 2:2. § 2104. Number of Votes Required. No bill shall be passed by I Liheslaturan Guahan with less than eight (8) affirmative votes of its members. SOURCE: GC § 1102.2. Amended by P.L. 24-213:1. § 2105. Effect of Repeal or Amendment. The repeal or amendment of any statute shall not af fect any offense committed or any act done or right accruing or accr ued or any action or proceeding had or commenced prior to such repeal or amendment; nor shall any penalty, forfeiture or liability incurred under such statute be released or extinguished, but the same may be enforced, continu ed, sustained, prosecuted and punished under the repealing or amen datory statute save as limited by the ex post facto and other provisions o f the Organic Act, in which event the same may be enforced, continued, su stained, prosecuted and punished under the former law as if such repeal or amendment had not been made. SOURCE: GC § 1103. § 2106. Equal Rights for Women.

vent the same may be enforced, continued, su stained, prosecuted and punished under the former law as if such repeal or amendment had not been made. SOURCE: GC § 1103. § 2106. Equal Rights for Women. (a) The Legislature finds that the proposed 'Equal Rights Amendment' to the United States Constitution whereby women are to be treated under law equally with men is an appropriate expression of la w that should apply to Guam, but also finds that even if such amendment is ratified by the necessary number of States, it is not at all clear that the provisions thereof will apply to Guam, since not all of the U. S. Cons titution so applies and the proposed amendment itself speaks only of a 'State.' The Legislature has therefore determined to enact as local law the prov isions of the proposed amendment. (b) Equality of Rights under the law shall not be denied or abridged on account of sex. All laws, rules, regulations and ex ecutive orders with the force of law which are inconsistent with this secti on are hereby repealed to the extent of such inconsistency. COL13120182 GCA LEGISLATIVE BRANCH CH.

ules, regulations and ex ecutive orders with the force of law which are inconsistent with this secti on are hereby repealed to the extent of such inconsistency. COL13120182 GCA LEGISLATIVE BRANCH CH. 2 STATUTES 3 (c) The Attorney General shall, within six (6) mont hs after the effective date of this Act, submit a report to the Legislatur e enumerating therein all laws, rules, regulations and executive orders with the force of law which are inconsistent with the provisions of Subsection (b) foregoing. SOURCE: GC § 1104 as added by P.L. 14-28. § 2107. Separate Consideration of Land Bills. (a) Every bill authorizing the sale, gift, disposal , transfer, or trade of government of Guam land (hereinafter called transfer of land or land transfer ), and every bill authorizing the leasing of any go vernment land for more than two (2) years shall contain only matters reasonably related to one (1) such transaction, and may not be considered wit h any other transaction or any unrelated matters, unless the particular transa ction is a transfer or trade which involves the taking by the government of Guam of more than one privately-owned lot at essentially the same time fo r the same public

s, unless the particular transa ction is a transfer or trade which involves the taking by the government of Guam of more than one privately-owned lot at essentially the same time fo r the same public purpose and project, in which case the bill may contain all matters related to that transfer or trade. No authorization for such land l ease or land transfer may be considered as a 'rider' or amendment to another bil l, and neither may any unrelated amendment or 'rider' be considered by the Legislature on any bill which authorizes the lease or transfer of land. (b) No such bill authorizing the transfer of land o r leasing of land may be considered by the Legislature on third reading u nless accompanied by two (2) appraisals on all land concerned, appraised for highest and best use regardless of zoning, from two separate licensed re al estate appraisers, one (1) of which appraisals is not more than twelve (12 ) months old, and which appraisals are paid for by the transferee. If the t ransferee is the government of Guam by virtue of exercising its eminent domain power or similar action for specific and identified public benefit, the app raisals, surveys, maps, and recordation shall be

feree is the government of Guam by virtue of exercising its eminent domain power or similar action for specific and identified public benefit, the app raisals, surveys, maps, and recordation shall be paid by the government of Guam . The private land owner shall sign a statement that the person agrees that his paying for the appraisals does not in any way obligate the Legisla ture nor the government of Guam to approve the transfer. One (1) of the app raisers shall be selected by the Department of Land Management and the other by the private landowner. The average of the two (2) appraisals ma y be used by the Legislature as the value for the transfer or trade. (c) Any proposed lease, sub-leases, requests to exc hange land or purchase any land owned in the name of the governme nt of Guam to the federal government or any agent of the federal government shall require the approval of I Liheslatura. COL13120182 GCA LEGISLATIVE BRANCH CH. 2 STATUTES 4 SOURCE: Added by P.L. 20-161:1 as § 2109 and renumbered by the Compiler to § 2107. No previous §§ 2107 and 2108 existed. Amende d by P.L. 22-97 (Mar. 8, 1994). Subsection (c) added by P.L. 30-021:3 (May 1, 2009 ).

by P.L. 20-161:1 as § 2109 and renumbered by the Compiler to § 2107. No previous §§ 2107 and 2108 existed. Amende d by P.L. 22-97 (Mar. 8, 1994). Subsection (c) added by P.L. 30-021:3 (May 1, 2009 ). CROSS-REFERENCES: The Legislature has exempted certain land transacti ons from the application of this section. See P.L. 21-1 4:9(c), P.L. 20-188:5 and P.L. 20- 180:4. § 2108. Separate Consideration of Unrelated Matters . (a) Any bill introduced, considered or passed by I Liheslaturan Guåhan , or any of its Members, shall not contain more than one (1) subject matter, and shall not contain unrelated subjects or pertain to multiple projects, except for one (1) annual budget bill and one (1) supplem ent to the annual budget bill per fiscal year; except that, the succeeding Liheslaturan Guåhan may, on the year it commences, introduce, consider and pass one (1) supplement to the annual budget bill for that fisca l year, whose subject and contents may be exempted from this Section. (b) Unrelated subjects on an annual budget bill or only one (1) supplement to the annual budget bill shall be the same subject matter as a bill which has been discussed at a duly noticed pub lic hearing, unless

ed subjects on an annual budget bill or only one (1) supplement to the annual budget bill shall be the same subject matter as a bill which has been discussed at a duly noticed pub lic hearing, unless the public hearing is waived due to the existence of em ergency conditions involving danger to the public health or safety con sistent with § 2103, Title 2, Guam Code Annotated. SOURCE: Added by P.L. 24-160:3. Subsection (b) added by P.L . 28-014:1. Amended by P.L. 30-002:1 (Mar. 13, 2009). 2017 NOTE: Subsection designation added pursuant to authorit y granted by 1 GCA §1606. § 2109. Submission of Fiscal Year Budget to I Maga’lahi . The annual fiscal year budget for the government of Guam shall be passed by I Liheslatura and submitted to I Maga’lahi no later than August 31, prior to each fiscal year. SOURCE: Added by P.L. 30-013:2 (April 17, 2009). § 2110. 'Land Zoning Consideration Reports' Require d for Land Zoning Legislation. (a) Any bill that seeks to designate a particular z oning for any real property shall not be placed on a legislative sessi on agenda until a 'Land Zoning Consideration Report' has been issued by the Department of Land Management.

ignate a particular z oning for any real property shall not be placed on a legislative sessi on agenda until a 'Land Zoning Consideration Report' has been issued by the Department of Land Management. COL13120182 GCA LEGISLATIVE BRANCH CH. 2 STATUTES 5 (b) The non-submission of a 'Land Zoning Considerat ion Report' to the appropriate Legislative Standing Committee shal l not preclude the Standing Committee from publicly hearing any bill, as provided in Subsection (c), infra. (1) Preparation of 'Land Zoning Consideration Repor t.' A 'Land Zoning Consideration Report' shall be prepared by t he Director of the Department of Land Management, the Department’s Lan d Planning Division and, if the proposed zoning of property in question is greater than an R-2 designation zone, the head of the Depar tment’s Application Review Committee. The Report shall be prepared in consultation with other permitting governmental departments and agenc ies, and the property owner, as deemed necessary by the Departme nt. (2) Contents of 'Land Zoning Consideration Report.' A 'Land Zoning Consideration Report' prepared in accordance with this Section shall include: (A) the recommendation of the Land Planning

partme nt. (2) Contents of 'Land Zoning Consideration Report.' A 'Land Zoning Consideration Report' prepared in accordance with this Section shall include: (A) the recommendation of the Land Planning Divisio n; (B if applicable, the recommendation of the Applica tion Review Committee; (C) a map of the subject property; (D) a contact listing for the surrounding property owners, for the purposes of notifying surrounding property owne rs of any public hearings or other public discussions to be h eld in regards to the zoning designation request; (E) evidence of any consultation made, at the discr etion of the Department, with other permitting governmental departments and agencies, and the property owner, in considerat ion and review of the requested zoning designation; and the outcom e of any such consultation; and (F) input from the Municipal Planning Council of ea ch municipal district to be affected by a proposed zon e change. (3) Timely Response for Submission of 'Land Zoning Consideration Report' or Waiver Granted. The Depar tment of Land Management shall provide to the requesting Standing Committee, the 'Land Zoning Consideration Report' no later than fo rty-five (45) calendar

ration Report' or Waiver Granted. The Depar tment of Land Management shall provide to the requesting Standing Committee, the 'Land Zoning Consideration Report' no later than fo rty-five (45) calendar days from receipt of the request for the r eport. COL13120182 GCA LEGISLATIVE BRANCH CH. 2 STATUTES 6 (4) Other governmental departments and agencies or property owners consulted by the Department shall provide th eir response to any inquiries made by the Department with regard to the preparation of a 'Land Zoning Consideration Report' no later than th irty (30) calendar days from the date of receipt of such inquiry. (5) Should the Department need an extension for pre paring the report, the Department shall notify, in writing wit h justification, the Chairperson of the requesting Standing Committee, w ho shall grant the Department an extension for up to fifteen (15) cale ndar days. Such notice must be received by the Chairperson of the r equesting Standing Committee prior to the last day of the original for ty-five (45) day timeframe granted. (6) Should the Department fail to meet the deadline s imposed in this Section, the requirements stipulated in this S ection for the 'Land Zoning

f the original for ty-five (45) day timeframe granted. (6) Should the Department fail to meet the deadline s imposed in this Section, the requirements stipulated in this S ection for the 'Land Zoning Consideration Report' shall be waived. This waiver does not prohibit the Department from issuing a report at an y time past their deadline. (d) Inclusion in Committee Report Required. The 'L and Zoning Consideration Report' shall be made a part of the C ommittee Report of the Standing Committee reporting the bill out of Co mmittee for consideration by I Liheslatura (the Legislature); and shall accompany the bill throughout its course of discussion, from public consideration, to Floor debate, and through passage, if applicable . (e) Revision of 'Land Zoning Consideration Report'. In the event that a zoning bill is amended or substituted while in Committee for which a 'Land Zoning Consideration Report' had been previously obtained, and for which the change will have an add itional impact from that reported on the previously obtained report, th e Standing Committee with jurisdiction over the zoning bill shall obtain a 'Revised Land Zoning Consideration Report' following the same pro cess

m that reported on the previously obtained report, th e Standing Committee with jurisdiction over the zoning bill shall obtain a 'Revised Land Zoning Consideration Report' following the same pro cess outlined in this Section, except that the Department of Land Ma nagement shall submit the 'Revised Land Zoning Consideration Repor t' no later than thirty (30) calendar days from the date of receipt of the request for the revised report. SOURCE: Added by P.L. 31-157:2 (Jan. 4, 2012). 2017 NOTE: Subsection/subitem designations altered/added pur suant to authority granted by 1 GCA §1606. COL13120182 GCA LEGISLATIVE BRANCH CH. 2 STATUTES 7 § 2111. Separate Consideration of Debt Ceiling Adj ustments. (a) Any bill introduced, considered or passed by I Liheslaturan Guåhan , or any of its Members related to the amendment or adjustment to the percentage of appraised value of land and impro vements pursuant to § 24102(f), Article 4, Chapter 24, Division 2, Title 11 GCA or any section of the Guam Code Annotated relative to the percentage of appraised value of land and improvements that have an effect on the de bt ceiling and/or debt limit of the government of Guam shall not contain any approval

de Annotated relative to the percentage of appraised value of land and improvements that have an effect on the de bt ceiling and/or debt limit of the government of Guam shall not contain any approval and/or authorization for the issuance of bonds or the issu ance of debt for any purpose. (b) No amendment or adjustment to the percentage of appra ised value of land and improvements pursuant to § 24102(f), Ar ticle 4, Chapter 24, Division 2, Title 11 GCA or any section of the Guam Code Annotated relative to the percentage of appraised value of la nd and improvements that have an effect on the debt ceiling and/or debt limi t of the government of Guam may be considered as a 'rider' or amendment to another bill or any bill which approves and/or authorizes the issuance of bonds or the issuance of debt for any purpose, and neither may any amendment or 'rider' be considered by I Liheslaturan Guåhan that approves and/or authorizes the issuance of bonds or the issuance of debt for any p urpose on any bill which amends or adjusts the percentage of appraised value of land and improvements pursuant to § 24102(f), Article 4, Cha pter 24, Division 2, Title 11 GCA or any section of the Guam Code

on any bill which amends or adjusts the percentage of appraised value of land and improvements pursuant to § 24102(f), Article 4, Cha pter 24, Division 2, Title 11 GCA or any section of the Guam Code Annota ted relative to the percentage of appraised value of land and improveme nts that have an effect on the debt ceiling and/or debt limit of the govern ment of Guam. SOURCE: Added by P.L. 33-185:XIV:4 (Sept. 10, 2016). 2016 NOTE: Subsection designations added to adhere to the Com piler’s general codification and alpha-numeric schemes pursuant to authority granted by 1 GCA § 1606. § 2112. Revolving or Special Revenue Fund Appropri ation, Exception to Enabling Legislation. Any bill containing an appropriation from a revolvi ng or other special revenue fund for a purpose other than those purpose s established by statute for the source of the revolving or other special re venue fund, shall cite the specific enabling statute of that fund from the Gua m Code Annotated from which the appropriation is being funded, and shall contain a clear statement that the bill seeks to appropriate funds for a purp ose that is not consistent with the stated statutory purposes of the fund sour ce.

propriation is being funded, and shall contain a clear statement that the bill seeks to appropriate funds for a purp ose that is not consistent with the stated statutory purposes of the fund sour ce. COL13120182 GCA LEGISLATIVE BRANCH CH. 2 STATUTES 8 SOURCE: Added by P.L. 34-050 (Oct. 13, 2017). --------- COL1312018