Guam § 4109 - Program Execution.
Full text of Guam Guam Code Annotated § 4109 — Program Execution., with citation guidance and answers to common questions.
§ 4109. Program Execution.
(a) Except as limited by policy decisions of I Maga’lahi (the
Governor), appropriations by I Liheslatura (the Legislature), and other
provisions of law, the territorial agencies shall have full authority for
administering their program service assignments, and shall be
responsible for their proper management, provided that I Maga’lahi’s
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(the Governor’s) policy decisions shall not limit the authority of the
Department of Education.
(b) Each territorial agency, (other than I Liheslatura (the
Legislature) and the courts), shall prepare an annual plan for the
operation of each of its assigned programs. The operations plan shall be
prepared in the form and content and be transmitted on the date
prescribed by the Bureau of Budget and Management Research.
(c) The Bureau of Budget and Management Research shall:
(1) Review each operations plan to determine that it is
consistent with the policy decisions of I Maga’lahi (the Governor)
and appropriations by I Liheslatura (the Legislature), that it reflects
proper planning and efficient management methods, that
appropriations have been made for the planned purpose and will not
be exhausted before the end of the fiscal year.
(2) Approve the operations plan if satisfied that it meets the
requirements under Paragraph (1). Otherwise the Bureau of Budget
and Management Research shall require revision of the operations
plan in whole or in part.
(3) Modify or withhold the planned expenditures at any time
during the appropriation period if the Bureau of Budget and
Management Research finds that such expenditures are greater than
those necessary to execute the programs at the level authorized by I
Maga’lahi (the Governor) and I Liheslatura (the Legislature), or
that the receipts and surpluses will be insufficient to meet the
authorized expenditure levels, provided that no planned
expenditures necessary to provide every public school student an
adequate public education shall be modified or withheld. The
Director of the Bureau of Budget and Management Research, in
collaboration with the Director of Revenue and Taxation and the
Director of Administration, shall determine revenue tracking for
every fiscal year based on the actual collections of every preceding
month, and prepare monthly Comparative Revenue and Expenditure
Analysis Reports that compare the budgeted and actual revenues
and departmental program appropriations with expenditures and
encumbrances. If revenues are tracking below projected revenues
for the year, the Bureau of Budget and Management Research shall
adjust and sequester an amount of the remaining allotments equal to
the percentage of revenues that are below the fiscal year’s projected
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revenues. The Director of the Bureau of Budget and Management
Research, the Director of Administration, and the Director of
Revenue and Taxation shall certify said reports, which shall be
transmitted to I Maga’lahen Guåhan and the Speaker of I
Liheslaturan Guåhan no later than twenty (20) days after the end of
each month.
(d) No territorial agency (except I Liheslatura (the Legislature) and
the courts), may increase the salaries of its employees, employ additional
employees or expend money or incur any obligations except in
accordance with law and with a properly approved operations plan.
(e) The Bureau of Budget and Management Research shall report
quarterly to I Maga’lahi (the Governor) and I Liheslatura (the
Legislature) on the operations of each territorial agency, relating actual
accomplishments to those planned, and modifying, if necessary, the
operations plan of any agency for the balance of the fiscal year.
(f) Fiscal Realignment Plan. Thirty (30) days after the close of each
quarter of the fiscal year, the Directors of the Department of
Administration, Department of Revenue and Taxation, and the Bureau of
Budget and Management Research shall determine whether actual
revenues collected for that quarter are consistent with the projected
revenues for the fiscal year. If said Directors determine that projected
fiscal year revenues, based on actual revenues collected, are three percent
(3%) or more less than revenue projections adopted by the annual Budget
Act, I Maga’lahen Guåhan shall submit to the Speaker of I Liheslaturan
Guåhan a Fiscal Realignment Plan that shall address the revenue
disparity. Said Plan may include, but is not limited to, cost-containment
and austerity measures, governmental reorganization plans and other
such actions. I Maga’lahi shall submit to the Speaker of I Liheslaturan
Guåhan proposed legislation, in a bill format, to implement the Fiscal
Realignment Plan if legislative action is required.
(g) Continuing Appropriations
(1) shall not be filled in the first quarter of the current fiscal
year if the Monthly Comparative Revenue and Expenditure
Analysis Report filed pursuant to 5 GCA § 4109(c)(3) in September
of the previous fiscal year indicates unfavorable revenue collections
to estimated revenues;
(2) shall not be filled after the first quarter of the current fiscal
year if the cumulative year-to-date current fiscal year deposits into
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the Income Tax Refund Efficient Payment Trust Fund are less than
the budgeted provision pursuant to the monthly audits required
pursuant to 11 GCA § 51106(b).
(3) may be filled for any current fiscal year expenses and shall
automatically de-appropriate the equal amount from the branch,
agency or department from its current fiscal year revenues
appropriated. The de-appropriated revenues, if available on
September 1 of the current fiscal year, are reserved for the branch,
agency or department which may be expended by a new legislative
appropriation.
Frequently Asked Questions About Guam § 4109
What does Guam Code Annotated § 4109 cover?
Section 4109 ("Program Execution.") is part of the Guam Code Annotated, the codified statutory law of Guam. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Guam § 4109?
A common citation format is "Guam Code Annotated § 4109" (Guam). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Guam law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Guam official source linked on this page or consult a licensed Guam attorney.
How does Guam § 4109 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Guam can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Guam.