Public Law 28-174 - An Act To Amend Title 5 G.C.A. §60107 To Revise Procedures For The Effective Prosecution Of Violations Of Guam's Natural Resource Laws By The Issuance Of Citations And To Provide That Fines And Penalties Collected Thereunder Shall Be Deposited Into The Wildlife Conservation Fund

P.O. Box 1,950 Hagatfia, Guam 96932 TEL: (671) 472-8931 • FAX: (671) 477-4826 • EMAIL: governor@mail.gov.gu Felix P. Camacho Governor Michael W Cruz, M.D. Lieutenant Governor The Honorable Mark Forbes Speaker n 1 FEB 2007 Mina' Bente Nuebe Na Liheslaturan Guahan 155 Hessler Street Hagatfia, Guam 96910 Dear Mr. Speaker: Transmitted herewith is Bill No. 322(LS), "AN ACT TO AMEND TITLE 5 G.C.A. §60107 TO REVISE PROCEDURES FOR THE EFFECTIVE PROSECUTION OF VIOLATIONS OF GUAM'S NATURAL RESOURCE LAWS BY THE ISSUANCE OF CITATIONS AND TO PROVIDE THAT FINES AND PENALTIES COLLECTED THEREUNDER SHALL BE DEPOSITED INTO THE WILDLIFE CONSERVATION FUND" which I signed into law on January 29, 2007, as Public Law 28-174. FELIX P. CAMACHO I Maga 'lahen Guahan Governor of Guam Attachment: copy attached of signed bill cc: The Honorable Ray Tenorio Senator and Secretary of the Legislature I MINA'BENTE OCHO NA LIHESLATURAN GUAHAN 2006 (SECOND) Regular Session CERTIFICATION OF PASSAGE OF AN ACT TO I MAGA'LAHEN GuAHAN This is to certify that Bill No. 322 (LS), "AN ACT TO AMEND TITLE 5 G.C.A. §60107 TO REVISE PROCEDURES FOR THE EFFECTIVE PROSECUTION OF VIOLATIONS OF GUAM'S NATURAL RESOURCE LAWS BY THE ISSUANCE OF CITATIONS AND TO PROVIDE THAT FINES AND PENALTIES COLLECTED THEREUNDER SHALL BE DEPOSITED INTO THE WILDLIFE CONSERVATION FUND," as amended, was on the 20th day of December, 2006, duly and regularly passed. Attested:~ Edward J.B. Calvo Senator and Secretary of the Legislature This Act was received by I Maga'lahen Guahan this J '. :So o'clock -f-.M. L I Maga'lahen Guahan Date: 2 9 JAN 2007 Public Law No. 28-174 peaker 3-o day of D.e-c., , 2006, at ~:~er Maga'lahi's Office MINA'BENTE OCHO NA LIHESLATURAN GUAHAN 2006 (SECOND) Regular Session Bill No. 322 (LS) As amended on the Floor. Introduced by: J. M.S. Brown J. T. Won Pat F. B. Aguon, Jr. Edward J.B. Calvo B. J.F. Cruz Mike Cruz Mark Forbes L. F. Kasperbauer R. Klitzkie J. A. Lujan A. B. Palacios, Sr. R. J. Respicio Ray Tenorio A. R. Unpingco AN ACT TO AMEND TITLE 5 G.C.A. §60107 TO REVISE PROCEDURES FOR THE EFFECTIVE PROSECUTION OF VIOLATIONS OF GUAM'S NATURAL RESOURCE LAWS BY THE ISSUANCE OF CITATIONS AND TO PROVIDE THAT FINES AND PENALTIES COLLECTED THEREUNDER SHALL BE DEPOSITED INTO THE WILDLIFE CONSERVATION FUND. 1 BE IT ENACTED BY THE PEOPLE OF GUAM: 2 Section 1. · Legislative Findings and Intent. I Liheslatura finds that effective 3 deterrence of violations of Guam's Natural Resource laws requires an amendment of 4 the current statutes on the subject. Therefore, J Liheslaturan Guahan intends to apply 5 §60107 of Chapter 60, Title 5 Guam Code Annotated, to Chapter 63, Title 5 Guam 6 Code Annotated. 1 1 Section 2: §60107 of Article 1, Chapter 60, Division 6 of Title 5 Guam Code 2 Annotated is amended to read: 3 "§60107. Violation. 4 (a) The Director of the Department of Agriculture, through the 5 Administrative Adjudication Law, is hereby authorized to enact 6 schedules for penalties and citations that: 7 (1) do not exceed One Thousand Dollars ($1,000.00) per 8 incident; and 9 (2) allow any peace officer on Guam to issue a citation for a 10 violation of Chapters 60 and 63 of Title 5 of the Guam Code 11 Annotated, their supporting regulations and Public Law 24-21 as 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 (b) appropriate. (1) A citation issued pursuant to Chapters 60 and 63 of Title 5 of the Guam Code Annotated, their supporting regulations and Public Law 24-21, shall be accompanied by a notice to appear at the Traffic Court Division of the Superior Court of Guam. Failure of the person cited to appear as directed by the notice may subject him to further penalties for contempt of court. (2) Violations of this Article shall be prosecuted in the Traffic Court Division of the Superior Court of Guam, which shall impose the penalties created herein. Parents and legal guardians shall be responsible for any violations hereof committed by minors under their custody. ( c) All monies collected by the court for fines and penalties imposed hereunder shall be transferred to the Wildlife Conservation Fund as described in §63130 of Article 1, Chapter 63, Division 6 of Title 5 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 the Guam Code Annotated. The Superior Court shall render a quarterly report to the Department of Agriculture reflecting defendants' names, addresses and other identifying information regarding violators who have been ordered to remit fines and penalties. The Superior Court shall create forms approved by the Director of the Department of Agriculture for citations, record violations, provide for the administration of the prosecution of violators and establish an orderly, secure and efficient procedure for the processing of Natural Resource citations pursuant to Subsections (a) and (b) hereof. ( d) The Director of the Department of Agriculture may enter into such written Memoranda of Understanding with the Superior Court of Guam and other government of Guam agencies as are necessary to effectuate the purposes of this Act. ( e) The Director of the Department of Agriculture may also enact such regulations to effectuate the purposes of this Act as are appropriate. The existing penalties as described in §63129 of Chapter 63 of Title 5 of the Guam Code Annotated, Public Law 28-107, and their supporting regulations to include Public Law 24-21 shall remain in effect until the new schedule of penalties and citations is enacted. (f) Nothing in this Section shall nullify or modify any civil or criminal law enforcement powers, penalties or obligations granted by federal or local law to the Department of Agriculture to punish offenses of the hunting and fishing laws of Guam, including, but not limited to, the right to perform searches and seizures, to make lawful arrests and to seek and recover the forfeiture of items employed by violators." 3