I mina’ trenta na liheslaturan guahan



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I MINA′TRENTAI KUÅTTRO NA LIHESLATURAN GUÅHAN

2017 (FIRST) Regular Session

Bill No. 101-34 (LS)

As Corrected by Prime Sponsor.


Introduced by: Therese M. Terlaje

AN ACT TO AMEND § 9303 OF ARTICLE 3, CHAPTER 9, TITLE 5, GUAM CODE ANNOTATED; AND TO AMEND § 1610 OF CHAPTER 16, TITLE 1, GUAM CODE ANNOTATED, RELATIVE TO THE ADOPTION OF RULES AND REGULATIONS.


BE IT ENACTED BY THE PEOPLE OF GUAM:

Section 1. § 9303 of Article 3, Chapter 9, Title 5, Guam Code Annotated, is amended to read:

§ 9303. Adoption, Repeal, Rescission, or Amendment of Rules and Regulations: Circulation and Filing.



(a) It shall be the duty of every agency which may have been or hereafter may be clothed with or given any power or authority to make, adopt, promulgate or enforce rules to:

(1)(a)Prepare the rules in a form approved by the Compiler of Laws and the Attorney General or other legal counsel of the agency, and where required by law, approved by the Governor, and which will conform to a standard system or code of rules adopted by the Legislative Secretary and Guam Code Advisory Commission for the guidance of all agencies. Agencies may contact the Compiler of Law for recommendations as to placement and formatting.

(2)(b)File with the Governor of Guam a printed and an identical electronic (wordpdf) version of the original approval copy of the proposed rules and regulations and one (1) duplicate, and one (1) printed and an identical electronic (pdf) copy of the entire agency record, to include minutes or a resolution showing board approval of proposed rules, certification of the agency record and compliance with each of the requirements of this Chapter, economic impact statements, and transcripts of any public hearings on the rules being proposed. filed with the Legislative Secretary of the Guam Legislature. The Legislative Secretary shall maintain a permanent register of all rules, which shall include a notation of the date of filing thereon, and evidence of public hearing held by the agency. The Legislative Secretary shall also cause said permanent register to be published electronically on the Guam Legislature website and updated monthly. Proposed Rules should be presented to the Legislature as an Appendix to a draft bill, with a transmittal letter from the Governor or the Director of the agency which asserts the Governor’s approval where required by law, and the Director’s and Attorney General’s approval as to compliance with each of the requirements of this Chapter (evidence of said approvals should in fact be contained as part of the agency record).



The subject line of the transmittal letter shall clearly include “This is a Transmittal to I Liheslaturan Guåhan of Proposed Rules and Regulations pursuant to the Administrative Adjudication Law”. If the proposed rules were not adopted by the agency or were not transmitted in full compliance with this Chapter, the Legislature may return the rules by oversight committee letter or legislative resolution to the agency for correction and new submittal in conformance with this Chapter shall be required.

(3)(c) File with the Attorney General a printed and an identical electronic (pdf and word) version of the proposed rules and regulations, and one (1) printed and an identical electronic (pdf) copy of the entire agency record, to include minutes or a resolution showing board approval of proposed rules, certification of the agency record and compliance with each of the requirements of this Chapter, economic impact statements, and transcripts of any public hearings on the rules being proposed.

(4) Upon written approval of the Governor as to policy, and approval of the Attorney General as to constitutionality, compliance with this Act, and compliance with the statutory authority for the promulgation of the rules, file with the Speaker of I Liheslatura a printed and an identical electronic (pdf and word) version of the proposed rules and regulations, and a printed and an identical electronic (pdf) copy of the entire agency record, to include minutes or a resolution showing board approval of proposed rules, certification of the agency record and compliance with each of the requirements of this Chapter, economic impact statements, and transcripts of any public hearings on the rules being proposed. Evidence of the Governor’s and Attorney General’s approvals shall be included in the transmittal.

The subject line of the transmittal letter shall clearly include “This is a Transmittal to I Liheslaturan Guåhan of Proposed Rules and Regulations pursuant to the Administrative Adjudication Law”.

(b) If the proposed rules were not adopted by the agency or were not transmitted in full compliance with this Chapter, the Legislature may return the rules by oversight committee letter, rules resolution, or legislative resolution to the agency for correction, and new submittal in conformance with this Chapter shall be required. Proposed rules shall be referred to the legislative committee with oversight of the subject matter, and that committee or the Committee of the Whole shall conduct one (1) or more public hearings on the proposal within seventy-five (75) calendar days from the date of filing of the rules with the Speaker.

(c) No rule shall be effective until after compliance with the provisions of this Section and ninety (90) calendar days have elapsed from the date of filing with the Legislative Secretary Speaker. After the public hearing and the ninety (90) calendar days from the date of filing, the Speaker may certify the default approval of compliant rules and regulations pursuant to this Chapter. The Guam Legislature may, by the passage of a bill into law, approve, disapprove or amend any rule within ninety (90) calendar days from the date of filing with the Speaker Legislative Secretary; except that any pending rules shall be deemed disapproved upon adjournment sine die of the Guam Legislature.



(d) The Legislature shall maintain a copy and permanent register of all rules proposed, which shall include a notation of the date of filing; date of referral to legislative oversight committee; date of scheduled legislative public hearing; date of and link to legislative committee report; date of return to Agency by committee letter, rules resolution, or legislative resolution; date of passage of bill to approve, disapprove or amend; date of certification by Speaker of default approval of compliant rule; and date of disapproval due to adjournment sine die. The Legislature shall also cause said permanent register to be published electronically on the Guam Legislature website and updated weekly.

(e) The Compiler shall ascertain the approval of proposed rules and regulations in accordance with 1 GCA § 1610.

Section 2. § 1610 of Chapter 16, Title 1, Guam Code Annotated, is amended to read as follows:

§ 1610. Publication of Administrative Rules and Regulations.



All rules and regulations or amendments to rules and regulations promulgated by any Director, and/or board, for departments, agencies, and instrumentalities of the government of Guam, pursuant to specific statute or through the Administrative Adjudication Act, having been transmitted to and received by the Legislative Secretary of I Liheslaturan Guåhan prior to the commencement of I Mina’Bente Siete Na Liheslaturan Guåhan, and not otherwise acted upon, shall be codified and published as provided for in this Act. The Compiler shall ascertain legislative approval of rules and regulations pursuant to the Administrative Adjudication Act by clear indication of approval, either by the passage of a bill into law or by certification by the Speaker of I Liheslatura as to I Liheslatura’s default approval of said compliant rules and regulations. The Compiler shall submit to I Liheslatura a list of rules and regulations whose approval she is unable to confirm due to the loss of records prior to transfer of the Compiler’s Office to the Supreme Court, or due to the lack of certified legislative records, or due to any other reason.


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