Act amending Chapters 20 and 22 of Title 10 of the Guam Code(P.L. 27-80)

I MINA'BENTE SIETE NA LIHESLATURAN GUÅHAN file:///D/HTML/gum68366.htm[15.01.2025 17:38:04] Public Law 27-80 I MINA’BENTE SIETE NA LIHESLATURAN GUÅHAN 2003 (FIRST) Regular Session Bill No. 146 (LS) As substituted by the Sub-Committee on Health, further substituted by the Committee on Rules and Health, and further substituted on the Floor and amended. Introduced by: L. A. Leon Guerrero F. B. Aguon, Jr. J. M.S. Brown F. R. Cunliffe C. Fernandez Mark Forbes L. F. Kasperbauer R. Klitzkie J. A. Lujan T. R. Muña Barnes v. c. pangelinan J. M. Quinata R. J. Respicio Toni Sanford Ray Tenorio AN ACT TO AMEND §§ 20118 AND 20119 OF CHAPTER 20 AND §22106(d) OF CHAPTER 22; TO ADD NEW §§ 20120 AND 20121 TO CHAPTER 20; AND TO REPEAL §22107 OF CHAPTER 22, ALL OF PART 1, DIVISION 2 OF TITLE 10, GUAM CODE ANNOTATED, RELATIVE TO ENVIRONMENTAL HEALTH FEES AND ADMINISTRATIVE PENALTIES. BE IT ENACTED BY THE PEOPLE OF GUAM: Section 1. Legislative Findings and Intent. I Liheslaturan Guåhan finds that the Division of Environmental Health (“DEH”) of the Department of Public Health and Social Services (“DPH&SS”) routinely encounters health-regulated establishments and private citizens that fail to correct their violations in a timely manner, or not at all, or repeat their offenses. Further, DEH generates revenues through the issuance of Sanitary Permits, Health Certificates, Deratting Exemption Certificates, Controlled Substances Registrations (“CSR”), and assessment of administrative penalties for environmental health violations. The monies collected for the issuance of Health Certificates and the issuance of CSR, are deposited in the “Environmental Health Fund” and the “Controlled Substances Diversion Fund”, respectively. However, fees for Sanitary Permits and Deratting Exemption Certificates are deposited into the General Fund. DEH assesses monetary fines to health-regulated establishments who are employing individuals without valid Health Certificates. The civil remedies afforded to the DPH&SS by Section 22106, Chapter 22, Title 10, GCA, under the Administrative Penalties, to recover monetary penalties from non-complying establishments, are too costly in time and money to pursue. It is the intent of I Liheslaturan Guåhan to authorize DEH to assess monetary penalties to violators of environmental health laws, to encourage DEH to recoup monies for services provided to the public, and to promote self-sufficiency with less dependence on the General Fund, by enabling DEH to retain and utilize all monies generated through fees and to expand the enforcement powers of the DPH&SS in their efforts to recover monetary penalties from uncooperative health-regulated establishments by authorizing the agency to suspend such establishments’ Sanitary Permits. Section 2. §20118 of Chapter 20, Part 1, Division 2 of Title 10, Guam Code Annotated, is hereby amended to read as follows: “§20118. Penalty. Any person who violates any provision of this Part or any valid rule or regulation promulgated under this Part or who refuses or neglects to comply with any order issued by the Director, or other officers and personnel of the Department, in the carrying out of the provisions of this Part, the penalty for which is not otherwise prescribed in this Part, or by rules or regulations, shall be deemed to have committed an administrative violation and is subject to the imposition of an administrative penalty, the fines of which shall be prescribed by statutes or by rules and regulations which shall be promulgated in accordance with the Administrative Adjudication Law. Any and all fines pursuant to laws or rules and regulations enforced by the Division of Environmental Health shall be deposited into the General Fund. Willful failure to pay administrative fines imposed by this Section, or by rules and regulations, shall be a misdemeanor and punishable I MINA'BENTE SIETE NA LIHESLATURAN GUÅHAN file:///D/HTML/gum68366.htm[15.01.2025 17:38:04] in accordance with the laws of Guam.” Section 3. §20119 of Chapter 20, Part 1, Division 2 of Title 10, Guam Code Annotated, is hereby amended to read as follows: “§20119. Fees. Any and all fees collected pursuant to laws or rules and regulations enforced by the Division of Environmental Health of the DPH&SS shall be deposited into the Environmental Health Fund.” Section 4. §22106(d) of Chapter 22, Part 1, Division 2 of Title 10, Guam Code Annotated, is hereby amended to read as follows: “(d) If any person, or a health-regulated establishment, fails to comply with an administrative penalty order after it has become final: (1) the Director shall suspend the health-regulated establishment’s sanitary permit until such time that the payment is made in full, but not before written notice is issued to the establishment notifying it of the action at least seven (7) days before the suspension takes effect; or (2) the Director shall forward the matter to the Attorney General of Guam to bring a civil action to enforce the order, or to recover the amount ordered or assessed, plus current interest from the date of the final order or decision. To prevail in such an action, the Director need establish only that: (i) notice was given as required; (ii) a hearing was granted to the defendant or that the defendant requested no hearing; and (iii) the penalty was imposed and has become final, either because the administrative order was not appealed to the Superior Court of Guam, or that after judicial review the administrative order remains an unsatisfied obligation; or (3) perform both (1) and (2).” Section 5. A new §20120 is hereby added to Chapter 20, Part 1, Division 2 of Title 10, Guam Code Annotated, to read as follows: “§20120. Fines. Any and all fines pursuant to laws or rules and regulations enforced by the Division of Environmental Health of the DPH&SS shall be deposited into the General Fund.” Section 6. §22107 of Chapter 22, Part 1, Division 2, of Title 10 of the Guam Code Annotated, is hereby repealed. Section 7. A new §20121 is hereby added to Chapter 20, Part 1, Division 2 of Title 10, Guam Code Annotated, to read as follows: “§20121. Environmental Health Fund. There is hereby created, separate and apart from other funds of the government of Guam, a fund known as the ‘Environmental Health Fund.’ The Fund shall not be commingled with any other fund and shall be deposited into a separate account. Any and all fees collected pursuant to this Part, unless otherwise specifically provided, shall be deposited into the Fund and it shall be expended upon Legislative appropriation solely in support of the functions of the Division of Environmental Health of the Department of Public Health & Social Services.” Section 8. Severability. If any provision of this Act or its application to any person or circumstances is found to be invalid or contrary to law, such invalidity shall not affect other provisions or applications of this Act which can be given effect without the invalid provisions or applications, and to this end the provisions of this Act are severable. Section 9. Effective Date. This Act shall become effective upon its enactment.