5 GCA GOVERNMENT OPERATIONS CH. 85 COUNCIL ON THE ARTS AND HUMANITIES 1 CHAPTER 85 COUNCIL ON THE ARTS AND HUMANITIES NOTE: Entire chapter, which created the Council of Arts a nd Humanities, was added as Title XLVIX of the Governm ent Code by P.L. 16-122:3 (Dec. 23, 1982), effective January 1, 1983. P.L. 16- 122:4 contained a sunset provision that stated that the law would 'expire by its own terms on January 1, 1985, provid ed that legislation may be enacted earlier than 1985 causin g this Section to be of no effect.' P.L. 17-081:5 (Dec. 1, 1984) amended the sunset pro vision in Section 4 of P.L. 16-122, stating: 'This Act shall expire by its own terms on June 30, 1985.' The sunset provision was repealed by P.L. 18-008:1 (July 8, 1985); accordingly, CAHA became a permanent agency of the Executive Branch. § 85101. Legislative Findings. § 85102. Purposes of the Council. § 85103. Governing Board. § 85104. Powers. § 85105. Director. § 85106. Censorship. § 85107. Annual Report. § 85108. Staff. § 85109. Funding. § 85110. Off-Island Educational Training and Cultu ral Enhancement Fund – Program Goals. § 85111. Off-Island Educational Training and Cultu ral Enhancement Fund. rt. § 85108. Staff. § 85109. Funding. § 85110. Off-Island Educational Training and Cultu ral Enhancement Fund – Program Goals. § 85111. Off-Island Educational Training and Cultu ral Enhancement Fund. [Repealed.] § 85111.1. Gifts and Donations Authorized. § 85112. Fund’s Custodian and Certifying Officer. § 85112.1. Grant Award Notices. § 85113. Expenditures. § 85113.1 Creation of the Guam Council on the Arts and Humanities Foundation Non-Profit Corporation. § 85114. Severability. § 85101. Legislative Findings. Citizens of Guam lack the opportunity to view, enjo y or participate in living theatrical performances, musi cal concerts, operas, dance and ballet materials, art exhibits, e xamples of fine COL1/11/20225 GCA GOVERNMENT OPERATIONS CH. 85 COUNCIL ON THE ARTS AND HUMANITIES 2 architecture and the performing and fine arts. The Territory desires to foster the opportunity for participation in arts and humanities programs designed to benefit citizens of all ages and from every community. It is the policy of the Gover nment of Guam to stimulate the economic growth of the Territ ory through cultural activities. programs designed to benefit citizens of all ages and from every community. It is the policy of the Gover nment of Guam to stimulate the economic growth of the Territ ory through cultural activities. Therefore, it is in the best i nterest of the Territory to provide more opportunities for profess ional training and practice of the arts and humanities. Further, i t is the policy of the Territory to join with the arts and humanities to insure that their role in the life of the community will grow a nd play a more significant part in the welfare and educational exp erience of the citizens. Coordinating and encouraging schools, org anizations and individuals in their several artistic and cultural activities is in the best interest of the territory of Guam. Finally, th e Territory desires to make prompt application for federal funds in sup port of the arts and humanities and hereby establishes an agency for application and expenditure of those funds. SOURCE: GC § 65000 added by P.L. 16-122:3 (12/23/82). § 85102. Purposes of the Council. The purposes and the charge of the Guam Council on the Arts and Humanities are: (a) To stimulate and encourage the study and presen tation of the 6-122:3 (12/23/82). § 85102. Purposes of the Council. The purposes and the charge of the Guam Council on the Arts and Humanities are: (a) To stimulate and encourage the study and presen tation of the performing and fine arts and public interest and participa- tion therein. (b) To help develop and sustain existing indepen dent institutions of the arts by providing technical ass istance in strengthening administrative and fund-raising techn iques. (c) To provide for the exhibition of art works in p ublic buildings; to administer the art bank purchases and to make policies therefor. (d) To bring highest quality in arts to the Territo ry, to promote the opportunity for people to experience, e njoy and profit from the arts and humanities. (e) To join or contract with private patrons, indiv idual artists and ensembles and with institutions, local sponsoring organizations and professional organizations. COL1/11/20225 GCA GOVERNMENT OPERATIONS CH. 85 COUNCIL ON THE ARTS AND HUMANITIES 3 (f) To enter into contracts to provide grants, loan s or advances to individuals, organizations or instituti ons -- public or private -- engaged in artistic, humanistic and c ultural pro- grams. ES 3 (f) To enter into contracts to provide grants, loan s or advances to individuals, organizations or instituti ons -- public or private -- engaged in artistic, humanistic and c ultural pro- grams. (g) To accept gifts, contributions and bequest of f unds or artifacts and property. (h) To serve as sole government agency for administ ering any state plan of the National Endowment for the Ar ts and/or Humanities. (i) To make applications for federal funds from the National Endowment for the Arts and Humanities or t o any office or agency of the United States for participa tion in or receipt of aid from federal programs. (j) To receive requests for grants and to make gran ts to institutions, individuals and agencies of governmen t in further- ance of the arts and humanities. (k) To administer and disburse funds. (l) To expend appropriations made by the Legislatur e for arts and humanities programs. (m) To serve and act as the official lead agency fo r planning and administering Guam’s participation and representation at the Festival of Pacific Arts and Culture. SOURCE: GC § 65001. Subsection (m) added by P.L. 35-060:2 ( Jan. 2, 2020). § 85103. Governing Board. (a) Board. ng Guam’s participation and representation at the Festival of Pacific Arts and Culture. SOURCE: GC § 65001. Subsection (m) added by P.L. 35-060:2 ( Jan. 2, 2020). § 85103. Governing Board. (a) Board. The Council shall be governed by a gover ning board as hereafter constituted and provided. (b) Composition. The governing board shall consist of thirteen (13) members, twelve (12) of whom shall be appointed by I Maga’lahi (the Governor) with the advice and consent of I Liheslatura (the Legislature). The thirteenth (13 th ) member shall be appointed by I Maga’lahi from among the members of the Mayors Council of Guam, and shall not be subject to the advice and consent of I Liheslatura . I Maga’lahi , when making initial appointments, shall designate six (6) members to se rve for two (2) year terms, and six (6) members to serve for four ( 4) year terms. COL1/11/20225 GCA GOVERNMENT OPERATIONS CH. 85 COUNCIL ON THE ARTS AND HUMANITIES 4 Subsequent appointments shall be for terms of four (4) years, except that when a vacancy occurs, it shall be fill ed by appointment of I Maga’lahi with the advice and consent of I Liheslatura for the remainder of the vacating member’s term. s of four (4) years, except that when a vacancy occurs, it shall be fill ed by appointment of I Maga’lahi with the advice and consent of I Liheslatura for the remainder of the vacating member’s term. (c) Qualifications. With the exception of the on e (1) member who shall be appointed from among the member s of the Mayors Council of Guam, members of the governing bo ard shall be appointed from among male and female residents o f Guam, selected at-large, who have recognized the professi onal interest and experience in or who are widely known for their interest in the arts and humanities. The governing board shall have at least two (2) members to represent the following areas: p erforming arts, visual arts, literature and folk arts. (d) Disqualifications. While serving in office, no member of the governing board or any of its committees, panel s or advisory groups shall be eligible to receive in his or her o wn name a grant, loan or other form of assistance from the Council. (e) Meetings. The governing board shall meet at lea st monthly, at such times and in such places in Guam a s the governing board establishes (or by the chairperson when the Board does not act), to transact such s. The governing board shall meet at lea st monthly, at such times and in such places in Guam a s the governing board establishes (or by the chairperson when the Board does not act), to transact such business as t he governing board determines. A quorum of the governing board s hall consist of a majority of members duly appointed and qualifi ed. The chairperson shall be counted for a quorum but shall vote only in case of a tie. Members of the governing board shall serve without compensation, but each member shall be reimbursed f or expenses incurred in the performance of official duties. (f) Officers. The governing board shall elect from among its members a chairperson and a vice-chairperson, both to serve in those capacities no longer than the term of office as a governing board member. The chairperson shall preside at all meetings of the governing board, shall act as the spokesperson of t he governing board and perform such other duties as the governin g board shall direct. The vice-chairperson shall succeed to the d uties of the chairperson in the absence or inability of the chai rperson. verning board and perform such other duties as the governin g board shall direct. The vice-chairperson shall succeed to the d uties of the chairperson in the absence or inability of the chai rperson. From among its members, the governing board shall annual ly select a secretary of the governing board and any other offi cers which the governing board may deem necessary. COL1/11/20225 GCA GOVERNMENT OPERATIONS CH. 85 COUNCIL ON THE ARTS AND HUMANITIES 5 (g) Compensation. While serving in office and atten ding meetings, members shall receive a stipend of Fifty Dollars ($50) per meeting, but not more than One Hundred Dollars ($100) in any one calendar month. SOURCE: GC § 65002. Subsection (g) added by P.L. 20-214:4. Subsections (b) and (c) amended by P.L. 32-224:1:2 (Dec. 29, 2014). § 85104. Powers. The governing board shall have those powers necessa ry to carry out the duties imposed on it by this Chapter, including, but not limited to, the power: (a) To prepare and submit an annual budget to the Governor and the Legislature which reflects the nee ds of the Territory, to apply for and to accept for the arts and humanities on behalf of the Territory, any federal funds granted by Act get to the Governor and the Legislature which reflects the nee ds of the Territory, to apply for and to accept for the arts and humanities on behalf of the Territory, any federal funds granted by Act of Congress or by executive order fo r all or any of the purposes of this Chapter, the Council be ing the sole and official agency of the Territory to apply for, receive and disburse funds from the National Endowment for the Arts and Humanities; to apply for and to accept (wi th or without qualifications or limitations), and expend any gifts, donations or bequests for all or any of the purpose s of this Chapter; to accept and expend such funds as may be appropriated to it. (b) To hire personnel and consultants for the staff of the Council; to formulate policies, to adopt such reaso nable by- laws, rules, regulations, operating guidelines and procedures consistent with the purposes and process of this Ch apter and with law, and to effectuate the provisions of the C hapter; to hold hearings, enter into contracts, make and sign agreements and perform any acts which may be necessary, desira ble or proper to carry out the purposes of this Chapter. ovisions of the C hapter; to hold hearings, enter into contracts, make and sign agreements and perform any acts which may be necessary, desira ble or proper to carry out the purposes of this Chapter. (c) To appoint committees, panels and commissions i n furtherance of its duties; to request from any depa rtment, division, board, bureau, commission, council or oth er agency of the Territory such reasonable assistance and dat a as will enable it to properly carry out its powers and duti es under this Chapter; to advise, to coordinate, to consult with and enter COL1/11/20225 GCA GOVERNMENT OPERATIONS CH. 85 COUNCIL ON THE ARTS AND HUMANITIES 6 into agreements and arrangements with foundations, charitable and community institutions, business, pr ivate individuals, local, state and federal departments a nd agencies on means by which to coordinate, assist and effectu ate the powers and duties under this Chapter; to establish grant application criteria and procedure and to award pri zes and direct grants to individuals and organizations in a ccordance with the criteria and procedure established. (d) To act as advisor to the Governor concerning th e arts and humanities. award pri zes and direct grants to individuals and organizations in a ccordance with the criteria and procedure established. (d) To act as advisor to the Governor concerning th e arts and humanities. SOURCE: GC § 65003. Added by P.L. 16-122:3. § 85105. Director. The Director shall be the chief administrative offi cer of the Council. The Director shall carry out the policies established by the governing board and shall employ, supervise and discharge such professional, administrative, technical, consu ltative and other personnel as may be necessary to implement th e policies established by the Council. The Director shall be k nowledgeable in the arts and humanities by reason of education a nd expertise and shall have demonstrated proficiency in administ ration of programs relating to the arts and humanities. SOURCE: GC § 65004. Added by P.L. 16-122:3. § 85106. Censorship. In carrying out their duties and powers under this Chapter, neither the Council nor its staff shall by action d irectly or indirectly interfere with or infringe on the freedo m of artistic expression, nor shall they take any action or make any recommendations that might be interpreted to be a f orm of censor- irectly or indirectly interfere with or infringe on the freedo m of artistic expression, nor shall they take any action or make any recommendations that might be interpreted to be a f orm of censor- ship. SOURCE: GC § 65005. Added by P.L. 16-122:3. § 85107. Annual Report. Within ninety (90) days following the close of the fiscal year of the Territory, the Council shall transmit its an nual report of activities to the Governor and the Legislature whic h report shall COL1/11/20225 GCA GOVERNMENT OPERATIONS CH. 85 COUNCIL ON THE ARTS AND HUMANITIES 7 widely be distributed by the Council to the arts co mmunity and to the public. SOURCE: GC § 65006. Added by P.L. 16-122:3. § 85108. Staff. In order to effect a transition, the staff employed by the Insular Arts Council on the effective date of this Chapter may remain in their positions as unclassified personnel for ninety (90) days. During the ninety (90) day period, if they qu alify, they may become classified employees in accordance with law and the rules of the Director of Administration. SOURCE: GC § 65007. Added by P.L. 16-122:3. Amended by P.L. 28- 68:IV:42 and 47 (Sept. 30, 2005). y become classified employees in accordance with law and the rules of the Director of Administration. SOURCE: GC § 65007. Added by P.L. 16-122:3. Amended by P.L. 28- 68:IV:42 and 47 (Sept. 30, 2005). NOTE: Reference to Civil Service Commission changed to D irector of Administration effective January 1, 2006. § 85109. Funding. The Governor shall establish a revolving fund for t he Council on the Arts and Humanities. The Council may then de posit in the revolving fund income generated from gallery commis sions, season tickets and other fund-raising activities to be used to further art projects. Individual accounts may be op ened under the revolving fund for specific projects. SOURCE: GC § 65008. Added by P.L. 16-122:3. § 85110. Off-Island Educational Training and Cultur al Enhancement Fund – Program Goals. (a) Fund Purpose. Educational and performing arts enhancement opportunities for island residents prog ressively increase each year as more organizations, schools a nd individuals with interests in the performing arts venture beyon d Guam’s shores to stage performances for invitational event s or engage in competitions not offered locally. ganizations, schools a nd individuals with interests in the performing arts venture beyon d Guam’s shores to stage performances for invitational event s or engage in competitions not offered locally. I Liheslatura (the Legislature) finds that such participation is beneficial in the development of performing arts skills; for broadening the educatio n of resident participants; and for encouraging youth involvement and leadership activities that promote healthy, drug-fr ee lifestyles. Such off-island events, however attractive or benef icial they may be, are often not within the financial reach of eli gible participants, COL1/11/20225 GCA GOVERNMENT OPERATIONS CH. 85 COUNCIL ON THE ARTS AND HUMANITIES 8 given the costs of airfare and accommodations. I Liheslatura recognizes the benefits of such events, including a rts and humanities competitions, international cultural fes tivals and exchanges, the Junior Statesman Foundation, the Nat ional Science Fair, the Mock Trial, the Forensic League, and Clos e Up, among others, and is compelled to protect the opportuniti es they present by extending financial support. n Foundation, the Nat ional Science Fair, the Mock Trial, the Forensic League, and Clos e Up, among others, and is compelled to protect the opportuniti es they present by extending financial support. Any off-island even t in which performances of organizations or individuals from G uam are featured generates favorable attention to the islan d, and promotes efforts to boost the island’s visitor rates. Youth shall be given preference in the awarding of grants. (b) Integration of Alcohol, Tobacco and Drug Preven tion and Early Intervention Programs. The Director of th e Guam Council on the Arts and Humanities Agency and the D irector of the Department of Parks and Recreation shall work i n collaboration with the members of the Governor’s Pr evention and Early Intervention Advisory Community Empowerment (P.E.A.C.E) Advisory Council, such as the Guam Beha vioral Health and Wellness Center and the Department of Pu blic Health and Social Services, to identify effective preventi on and early intervention programs and strategies that will dire ctly benefit youth and adult recipients of the Off-Island Educat ional Training and Cultural Enhancement Fund, and the Sports Fund. ti on and early intervention programs and strategies that will dire ctly benefit youth and adult recipients of the Off-Island Educat ional Training and Cultural Enhancement Fund, and the Sports Fund. Such programs shall include a requirement that fund reci pients participate in tobacco cessation programs (where wa rranted), youth leadership in alcohol, tobacco and drug preve ntion-related activities, and to include Applied Suicide Interven tion Skills Training (ASIST) and safe TALK focused on suicide p revention, and shall focus on the following: (1) to prevent/reduce alcohol, tobacco and drug use , including underage drinking; (2) to promote alcohol-free, tobacco-free and drug- free lifestyles; and (3) to reduce the harmful outcomes associated with alcohol, tobacco and drug use. (4) At the very minimum, the program shall include a mentoring and leadership program. COL1/11/20225 GCA GOVERNMENT OPERATIONS CH. 85 COUNCIL ON THE ARTS AND HUMANITIES 9 SOURCE: Added as uncodified law by P.L. 22-60:1 (Dec. 6, 19 93), and codified by the Compiler. Amended by P.L. 31-132:3 (Nov. 17, 2011). 2013 NOTE: Pursuant to P.L. UNCIL ON THE ARTS AND HUMANITIES 9 SOURCE: Added as uncodified law by P.L. 22-60:1 (Dec. 6, 19 93), and codified by the Compiler. Amended by P.L. 31-132:3 (Nov. 17, 2011). 2013 NOTE: Pursuant to P.L. 32-024:2 (May 6, 2013) which ren amed the Department of Mental Health and Substance Abuse (DM HSA) to the Guam Behavioral Health and Wellness Center, all ref erences to DMHSA were altered to the Guam Behavioral Health and Well ness Center. § 85111. Off-Island Educational Training and Cultur al Enhancement Fund. [Repealed.] SOURCE: Added as uncodified law by P.L. 22-60:2 (Dec. 6, 19 93), and codified by the Compiler. Amended by P.L. 31-132:4 (Nov. 17, 2011). Repealed by P.L. 36-071:21 (Dec. 27, 2021). 2022 NOTE: Prior to its repeal, this provision stated: Beginning on October 1, 2012, and for each year the reafter, Two Hundred Thousand Dollars ($200,000) is hereby appro priated from the Healthy Futures Fund to the Guam Council on the Art s and Humanities Agency (CAHA) to be set aside in the Treasury of Gu am in a fund hereby established as the Off-Island Educational Training and Cultural Enhancement Fund (the Fund). ouncil on the Art s and Humanities Agency (CAHA) to be set aside in the Treasury of Gu am in a fund hereby established as the Off-Island Educational Training and Cultural Enhancement Fund (the Fund). Youth and adult chaperones who demonstrate a commitment to lifestyles without the use of alcohol, tobacco and drugs shall be eligible and given preference in the awarding of grants. The Fund shall be administered pursuant to Public L aw 22-124, the Off Island Educational Training and Cultural Enhancemen t Fund Rules and Regulations. Such appropriation shall be set up in a separate account and shall not be considered part of CAHA’s annual budge t. I Maga’lahen Guåhan may transfer funds as may be appropriate to supple ment the Off- Island Educational Training and Cultural Enhancemen t Fund. No portion of the Fund, including principal and interest, shal l be transferred to any other fund, or used, or appropriated, except as pro vided for under this Article. § 85111.1. Gifts and Donations Authorized. The CAHA Board is authorized to accept on behalf of , and in the name of the government of Guam, from any gov ernment or agency thereof, or any person, natural or legal, ad visory services, thorized. The CAHA Board is authorized to accept on behalf of , and in the name of the government of Guam, from any gov ernment or agency thereof, or any person, natural or legal, ad visory services, donations and gifts for the Off-Island Educational Training and Cultural Enhancement Fund; provided, however, that any grant- in-aid or other form of assistance involving an obl igation on the part of CAHA or the government of Guam shall requir e the prior approval of I Maga’lahi (the Governor) and a determination by CAHA’s certifying officer of the availability of fu nds, and shall be consistent with the PEACE Council’s position on not receiving COL1/11/20225 GCA GOVERNMENT OPERATIONS CH. 85 COUNCIL ON THE ARTS AND HUMANITIES 10 funds, promotional items or donations from alcohol and tobacco industries, and no beneficiaries will be sponsored by such industries. SOURCE: Added by P.L. 31-132:5 (Nov. 17, 2011). § 85112. Fund’s Custodian and Certifying Officer. CAHA shall serve as the Fund’s custodian and shall be responsible for setting up the eligibility requirem ents governing usage of the Fund. 7, 2011). § 85112. Fund’s Custodian and Certifying Officer. CAHA shall serve as the Fund’s custodian and shall be responsible for setting up the eligibility requirem ents governing usage of the Fund. CAHA’s director shall manage the Fund and CAHA’s certifying officer shall be the Fund’s certi fying officer. SOURCE: Added as uncodified by P.L. 22-60:3 (Dec. 6, 1993), and codified by the Compiler. § 85112.1. Grant Award Notices. The Director shall give adequate public notice as t o the availability of funds for travel awards including a pplication submission periods. SOURCE: Added by P.L. 31-132:6 (Nov. 17, 2011). § 85113. Expenditures. Expenditures from the Fund shall be limited to fift y percent (50%) of the total cost for off-island travel for t he eligible applicant, group or organization, with the exceptio n of CAHA’s annual cultural tour, which shall be funded by spec ial appropria- tion. CAHA shall set Thirty Thousand Dollars ($30,0 00) as the ceiling for all requests. (a) The representative of the recipient organizatio n shall provide the CAHA director with an accurate accounti ng of the expenditure of all funds for air transportation with (30) days, or if there is misuse of resentative of the recipient organizatio n shall provide the CAHA director with an accurate accounti ng of the expenditure of all funds for air transportation with (30) days, or if there is misuse of funds in the opinion of CAHA, the individual, group or organization shall not rec eive further grants from the Fund and shall reimburse the Fund i n an amount determined by CAHA. (b) The CAHA director shall make a report to the Governor and the Legislature on June 30th of each y ear which shall include the following: The number of ap plica- tions, the number and amounts of grants approved, a nd other data concerning management of the Fund. COL1/11/20225 GCA GOVERNMENT OPERATIONS CH. 85 COUNCIL ON THE ARTS AND HUMANITIES 11 (c) Any person or representative of a group or orga niza- tion who willfully misuses a grant received under t his Act, shall be guilty of a petty misdemeanor and be subje ct to a fine not to exceed Five Hundred Dollars ($500). SOURCE: Added as uncodified law by P.L. 22-60:4 (Dec. 6, 19 93), and codified by the Compiler. CROSS-REFERENCES: See P.L. 22-124 for the Rules & Regulations implementing this Off-Island Fund. § 85113.1. RCE: Added as uncodified law by P.L. 22-60:4 (Dec. 6, 19 93), and codified by the Compiler. CROSS-REFERENCES: See P.L. 22-124 for the Rules & Regulations implementing this Off-Island Fund. § 85113.1. Creation of the Guam Council on the Arts and Humanities Foundation Non-Profit Corporation. CAHA is hereby authorized to establish a public not for profit corporation that shall be separate and apart from t he government of Guam and CAHA for the purpose of being able to a ccept private gifts, donations, endowments, grants, and o ther monies which may be offered to the CAHA. Such gifts, donat ions, endowments, or grants, supra, shall be in accordanc e with the laws of Guam and subject to reasonable conditions. Such funds received shall be deposited into a fund controlled by the corporation, supra, and shall be known as the Guam Council on the Arts and Humanities Foundation. SOURCE: Added by P.L. 35-099:XII:33 (Sep. 15, 2020). § 85114. Severability. In the event any section, subsection, sentence, cla use or phrase of this Chapter shall be declared or adjudge d invalid or unconstitutional, such adjudication shall in no man ner affect the other sections, subsections, sentences, clauses or ence, cla use or phrase of this Chapter shall be declared or adjudge d invalid or unconstitutional, such adjudication shall in no man ner affect the other sections, subsections, sentences, clauses or phrases of this Chapter, which shall remain of phrase so declared o r adjudged invalid or unconstitutional were not originally a p art thereof. SOURCE: GC § 65009. ---------- COL1/11/2022
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