GCA Title 5, Chapter 22
5 GCA GOVERNMENT OPERATIONS CH. 22 GENERAL FISCAL POLICIES AND CONTROLS
CHAPTER 22 GENERAL FISCAL POLICIES AND CONTROLS
§ 22110.
5 GCA GOVERNMENT OPERATIONS CH. 22 GENERAL FISCAL POLICIES AND CONTROLS
Accounting Forms. § 22111. Direct Deposit of Judiciary Appropriations.
§ 22101. Treasurer of Guam.
The Treasurer of Guam or his designated agent, shall receive, and account for all monies, from whatever source, giving proper authenticated receipts for the same. He shall disburse monies only upon properly signed warrants. He shall maintain a daily cash blotter in which shall be entered all cash transactions in detail, showing dates of all receipts and disbursements, names or persons making payments or receiving payments and amounts. This blotter shall be balanced daily. All receipts and warrants shall be turned over daily after recapitulation on control records to the Director of Administration for audit, verification, necessary ledger entries, and filing. SOURCE : GC § 6100.
§ 22101.1. Monthly Disbursements to the Department of Education’s School Districts.
[Repealed.]
SOURCE : Added by P.L. 24-142:9. Repealed by P.L. 26-26:13.
§ 22102. Treasurer’s Bond.
Both the Treasurer and his authorized agent must be bonded in penal sums as directed by the Governor. SOURCE : GC § 6101.
§ 22103. Official Title of Treasurer.
The official title of the Treasurer to be affixed to his official signature shall be Treasurer of Guam. SOURCE : GC § 6102.
§ 22104. Warrants.
All warrants must be properly authorized and signed by the payee before acceptance by the Director of Administration. No warrants shall be accepted by the Director of Administration which are unsigned and the Treasurer shall be responsible for all disbursements not so authorized and signed.
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SOURCE : GC § 6103.
§ 22105. Claims for Loss of Government Funds.
Claims of officers or agents, whose duty it is to collect or account for public funds, for losses of funds in transit, by fire, burglary, or other unavoidable casualty, shall be submitted to the Director of Administration within fifteen days after such loss occurs, with all facts pertaining to the case. If the Director of Administration shall find that the said funds were properly remitted, and that the loss resulted through no fault of said officer or agent, he may, under written authority of the Governor, credit the account of such officer or agent with the loss; provided, that in no case shall a credit in excess of Two Hundred Dollars be given in this manner. Claims for losses in excess of Two Hundred Dollars may be submitted through the Director of Administration to the Governor for relief. SOURCE : GC § 6104.
§ 22106. Payment of Claims for Loss.
All claims arising on account of outstanding liabilities shall be filed with the Director of Administration, with the evidence pertaining thereto. If the Director of Administration shall find that such claim is valid and unpaid, he shall certify the amount due to the Governor, who may issue a warrant on said certificate for payment. SOURCE : GC § 6105.
§ 22107. Transmittal of Claim-related Documents.
A true copy of all orders of the government of Guam which may originate a claim or in any manner affect the settlement of any account, shall be transmitted by the proper officer to the Director of Administration. SOURCE : GC § 6106.
§ 22108. Revolving Funds.
(a) The Governor may, when he deems it necessary and proper, create, establish and continue from appropriated funds or service fees, revolving or other special funds to be used in providing services and in maintaining such activities of the
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government of Guam as the purchase and sale of seed by the Department of Agriculture and the purchase of books by the Department of Education. (b) Such revolving or other special funds, if and when created and established, shall be maintained separate and apart from any other funds of the government of Guam, and independent records and accounts shall be maintained in connection therewith as prescribed by the Director of Administration. (c) All moneys received from said activities shall be deposited in the appropriate revolving or other special funds, and all debts, liabilities, obligations and operating expenses in connection with such activities shall be paid therefrom. (d) The Director of the Department or such other officer who has cognizance and jurisdiction over such revolving or other special funds established as provided herein, shall monthly render to the Governor a statement reflecting the financial condition of the fund or funds under his jurisdiction. (e) The Director of Administration shall periodically audit the accounts and records of such revolving or other special funds and render a report thereon to the Governor. SOURCE : GC § 6112. 2009 NOTE: P .L. 28-045:10 (June 6, 2005) changed the name of the Department of Education to the Guam Public School System. P.L. 30050:2 (July 14, 2009) reverted the name of the Guam Public School System to the Department of Education.
§ 22109. Reports on Fund Conditions.
The Director of Administration shall make a monthly report to the Governor and the Legislature of the condition of, and activity within, every fund of the Government of Guam. He shall make a monthly report to the Chairman of the Legislature’s committee which oversees the Tourist Attraction Fund (TAF) of the condition of, and activity within, the TAF. He shall further make an annual report which shall be made available to the general public. SOURCE : GC § 6111.1. Amended by P.L. 23-15:5 (May 15, 1995).
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NOTE : GC § 6112.1, establishing an Expense & Travel Fund, was repealed by P.L. 4-10.
§ 22109.1. On-line Electronic Access to Bank Account Information.
All banks receiving government funds for deposit in a government bank account established at said bank shall provide ‘READ ONLY’ access to such bank accounts via said bank’s online banking website or via electronic access via other access source provided to the Department of Administration, to the Office of Finance and Budget, and to the Office of Public Accountability. SOURCE : Added by P.L. 31-233:XII:39 (Sept. 7, 2012).
§ 22110. Accounting Forms.
Such forms as may be required from time to time for the proper conduct of business and relating to the system of accounting shall be prepared under the direction of the Director of Administration, subject to the approval of the Governor. SOURCE : GC § 6111.
§ 22111. Direct Deposit of Judiciary Appropriations .
(a) With respect to the appropriations by I Liheslaturan Guåhan for the operations of the Judiciary of Guam for any fiscal year, the Director of Administration shall deposit, on the last day of each month, into a bank account designated by the Judiciary, a sum from the prior month’s General and Special Fund revenue collections as defined in Subsection (a)(1) and (2) of this Section; provided, however, that the deposits for the fiscal year shall not exceed the total amount appropriated by I Liheslaturan Guåhan for the fiscal year. (1) Deposit percentage calculation for each fiscal year shall equal the General Fund appropriation amount of the Judiciary of Guam’s budget for the fiscal year divided by the total General Fund Revenue Available for Appropriation for the government of Guam as adopted by I Liheslaturan Guåhan in the General Appropriations Act for the same fiscal year. The term ‘General Fund Revenue Available for Appropriation’ as used herein shall not include revenue for
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tax refund payments, federal sources, and the two percent (2%) General Fund Reserve as mandated by 5 GCA § 22436. (2) The monthly deposit shall be based on the percentage derived from Subsection (a)(1) of this Section multiplied by the actual cash collected by the aggregate revenue funding sources as defined in Subsection (a) of this Section. (b) The Chief Justice of the Judiciary of Guam shall submit to the Speaker of I Liheslaturan Guåhan, I Maga’lahen Guåhan , and the Director of Administration, on or before October 10 of each year, a projected schedule of the monthly deposits in accordance with Subsection (a)(2) of this Section for the Judiciary for the fiscal year. (c) It shall be a ministerial duty of the Director of Administration to make the monthly deposits to the Judiciary of Guam as required by this Section. SOURCE : Added by P.L. 30-177:2 (July 22, 2010), effective thirty (30) days from date of enactment pursuant to P.L. 30-177:4. Amended by P.L. 31-077:XII:38 (Sept. 20, 2011).
ARTICLE 2 CENTRAL ACCOUNTING
- § 22201. Title.
- § 22202. Director.
- § 22203. Duties of Director.
- § 22204. Rules & Regulations.
- § 22205. Exceptions.
§ 22201. Title.
This Article shall be known as the Central Accounting Act. SOURCE : GC § 6800 added by P.L. 13-96.
§ 22202. Director.
The Director of Administration, hereafter referred to as the Director, shall establish and administer the Central Accounting
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Office of the government of Guam, which will constitute the central accounting agency for the efficient management of a system of accounts. SOURCE : GC § 6801 added by P.L. 13-96.
§ 22203. Duties of Director.
The Director shall, with due regard for the function of the specific agencies concerned, organize and operate the accounting system on a fund basis with a self-balancing set of accounts, recording cash and/or other resources together with all related liabilities, obligations, reserves and equities which are segregated for the purpose of carrying on specific activities or attaining certain objectives; establish an accounting system which provides budgetary control over general governmental revenues and expenditures; determine fairly and with full disclosure the financial position and results of financial operations; show that all applicable legal provisions have been complied with; establish various types of funds as are necessary and as required by law; shall account in the General Fund all financial transactions not properly accounted for in another fund; shall account in the Special Revenue Funds all proceeds of specific revenue sources or to finance specific activities as required by law; shall account in the capital improvements funds all receipts and disbursements of monies used for the acquisition of capital facilities; shall account in other funds consistent with legal and operating requirements; classify accounts to insure compliance with budgetary provisions; provide a basis for financial and administrative control, furnish data required for financial statements and provide a basis for comparison with similar data for other periods, etc.; establish standards, procedures and techniques for a central accounting system; conduct a continuing review of all accounting operations to effect improvements in accordance with current accounting practices; establish standards for the preparation of financial statements and other reports as are necessary; maintain all Federal grant award funds including maintenance of
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encumbrance and expenditure; and obtain reports from all departments and agencies as are required for the effective administration of a central accounting system; and take all actions necessary to ensure that an adequate public education is available to every public school student. SOURCE : GC § 6802 added by P.L. 13-96:1. Amended by P.L. 27-78:3. Amended by P.L. 28-045:12 (June 6, 2005), effective Oct. 1, 2005 pursuant to P.L.28-045:23. 2013 NOTE: There is manifest error in P.L. 28-045:12 (June 6, 2005); although it refers to § 20203 of this Title, the correct amendment is to this section.
§ 22204. Rules & Regulations.
The Director of the Department of Administration together with the Director of the Bureau of Budget and Management Research, subject to the approval of the Governor of Guam, shall prescribe rules and regulations as are necessary or proper to effectuate the purposes of this Article; provided, however, that the exercise of the rule-making authority herein granted shall be made in accordance with the provisions of the Administrative Adjudication Law. Unless otherwise found to be impracticable, such rules and regulations shall provide that the principles of the governmental accounting and reporting, classification of funds and accounts, and accounting terminology shall conform to those recommended by the National Committee on Governmental Accounting. SOURCE : GC § 6803 added by P.L. 13-96:1. NOTE : Reference to Territorial Auditor deleted from first clause because the Office of Territorial Auditor has been repealed (P.L. 17-7:1). The Office of Public Auditor has been created by P.L. 21-122, as 1 GCA Chapter 19. 2009 NOTE : Reference to Office of Public Auditor changed to Office of Public Accountability pursuant to P.L. 30-027:2 (June 16, 2009).
§ 22205. Exceptions.
The provisions of this Act shall not apply to the accounting operations of the Guam Waterworks Authority, the Guam Power Authority, the A. B. Won Pat International Airport Authority Guam, the Guam Housing and Urban Renewal Authority, the
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Guam Housing Corporation, the Guam Economic Development and Commerce Authority, the Judicial Branch, the Legislative Branch, the Guam Community College, the Department of Education the University of Guam and the Guam Mass Transit Authority. SOURCE : GC § 6804 amended by P.L. 16-44, P.L. 16-56:10 and P.L. 1911:10. Amended by P.L. 25-06:2. Repealed and Reenacted by P.L. 27110:3. 2009 NOTE: P .L. 28-045:10 (June 6, 2005) changed the name of the Department of Education to the Guam Public School System. P.L. 30050:2 (July 14, 2009) reverted the name of the Guam Public School System to the Department of Education. NOTE : Public Law 16-63 added GC § 6806 and § 6807 relative to federal block grants. However, section 3 of that law automatically terminated those two sections effective Sept. 30, 1984. Therefo