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5 GCA GOVERNMENT OPERATIONS CH. 50A COMMERCIAL ADVERTISING SPACE PROGRAM 1 CHAPTER 50A COMMERCIAL ADVERTISING SPACE PROGRAM SOURCE: Entire chapter added by P.L. 32-117:5 (Feb. 10, 201 4). § 50A101. Authorization. § 50A102. Program Rules and Regulations. § 50A103. Lease Agreement. § 50A104. Program Management. § 50A105. DPW Maintenance Fund . § 50A101. Authorization. The Department of Public Works (Department) is auth orized to establish a commercial advertising space program (P rogram) utilizing space on the interior and exterior of the Departmen t's school buses. § 50A102. Program Rules and Regulations. Within ninety (90) days of the enactment of this Ac t, the Department in consultation with GDOE [Guam Departme nt of Education] shall develop rules and regulations purs uant to the AAL [Administrative Adjudication Law] governing the sta ndard size and placement for the leasing of commercial advertising space, a schedule of fees for the commercial leasing of advertising spac e, and any other rules and regulations necessary for the effective and eff icient operation of the Program. Additionally, the rules and regulations de veloped, pursuant to this Chapter, shall address the

nd any other rules and regulations necessary for the effective and eff icient operation of the Program. Additionally, the rules and regulations de veloped, pursuant to this Chapter, shall address the following: (a) assurance that any Program lease agreement ente red into by the Department does not negatively affect any wa rranties associated with government of Guam school buses; (b) a prohibition on political advertisements as pa rt of the Program; (c) assurance that any advertisements which may bec ome faded, dilapidated, or pose a danger to the public will be replaced or repaired by the lessee with no cost to the Departme nt. The Department shall be responsible for developing crit eria to determine whether an advertisement is faded, dilapidated, or poses a threat to the public; and COL103120145 GCA GOVERNMENT OPERATIONS CH. 50A COMMERCIAL ADVERTISING SPACE PROGRAM 2 (d) assurance that the Department will not be held responsible, financial or otherwise, for any damage or destruction that occurs to any advertisements or advertising sp ace that has been leased as part of the Program. The Department shall allow no less than twenty perc ent (20%) of the interior and the outside rear

that occurs to any advertisements or advertising sp ace that has been leased as part of the Program. The Department shall allow no less than twenty perc ent (20%) of the interior and the outside rear panel of each bus to be used at no fee to government of Guam agencies or non-profit groups ch arged with anti- drug, anti-alcohol, anti-bullying, anti-domestic vi olence, or other public service announcements which are applicable and appr opriate for educational purposes. § 50A103. Lease Agreement. The Department shall develop a standard lease agree ment. The lease agreement shall incorporate applicable rules and re gulations, the schedule of fees, and make clear any legal liabilit ies for private entities seeking to advertise on its buses. The standard lea se agreement shall specifically prohibit any advertising which promote s substances which are controlled by law, or are illegal to distribute to minors, including, without limitation, alcohol; establishments selling primarily alcohol products, such as bars; tobacco products; firearms; obscenity; and as may be otherwise determined by the Department of Public Works; and shall specifically prohibit advertising that is prohibite d by

products, such as bars; tobacco products; firearms; obscenity; and as may be otherwise determined by the Department of Public Works; and shall specifically prohibit advertising that is prohibite d by GDOE Board Policy for the lease of advertising space at school s or other educational facilities, or prohibited by GDOE Board Policy, fro m being promoted during school hours or during extracurricular activ ities, including, but not limited to, foods of minimal nutritional value. § 50A104. Program Management. The Department shall issue a request for proposals for the management of the Program. The Fund established in § 50A105 of this Chapter shall be the source for any program managem ent fees. § 50A105. DPW Maintenance Fund. There is hereby created, separate and apart from al l other funds of the government of Guam, a fund known as the DPW Bus Maintenance Fund (Fund) into which shall be deposited all fees collected from the commercial leasing of advertising space on school b uses. Expenditures from the Fund shall be by written authorization of the Director of Public Works. COL103120145 GCA GOVERNMENT OPERATIONS CH. 50A COMMERCIAL ADVERTISING SPACE PROGRAM 3 (a) Same: Administration.

itures from the Fund shall be by written authorization of the Director of Public Works. COL103120145 GCA GOVERNMENT OPERATIONS CH. 50A COMMERCIAL ADVERTISING SPACE PROGRAM 3 (a) Same: Administration. The Fund shall be admini stered by the Department of Public Works and shall not be com mingled with the General Fund or any other fund of the governmen t of Guam. The Fund shall be maintained in a separate bank acc ount and monies deposited therein shall not be subject to I Maga'lahen Guåhan's transfer authority. The Department of Public Works is authorized to accept for the Fund gifts, bequests, donations and other kinds of contributions for the purposes of th e Fund. (b) Same: Expenditures. Expenditures from the Fund shall be made exclusively for the purpose of supplementing t he costs associated with maintaining the Department of Publi c Works' school buses and for program management fees. (c) Same: Annual Financial Report. Within sixty (6 0) days after the closing of each fiscal year, the administ rator or authorized custodian of the DPW Bus Maintenance Fund shall tra nsmit to the Director of the Department of Public Works an annua l report of the expenditures of the Fund,

l year, the administ rator or authorized custodian of the DPW Bus Maintenance Fund shall tra nsmit to the Director of the Department of Public Works an annua l report of the expenditures of the Fund, including, but not limite d to, a balance sheet, a statement of receipts and expenses, and a general description of the income sources of the Fund and t he expenses thereof. Copies of the report shall be transmitted to I Maga'lahen Guåhan and to the Speaker of I Liheslaturan Guåhan. ---------- COL10312014