Office of Vital Statistics Revolving Fund

(a)There is hereby established an Office of Vital Statistics Revolving Fund

(Fund)to be maintained by the Guam Registrar, Office of Vital Statistics, of the Department of Public Health & Social Services. The Fund shall be established and maintained in a bank account separate and apart from the General Fund or any other bank account(s) of the government of Guam, and shall not be co-mingled with, or a part of, the General Fund. All funds due CH. 3. PUBLIC HEALTH AND SOCIAL SERVICES or accruing to the account from whatever source(s), as provided or authorized pursuant to applicable law, inclusive of any interest, shall be deposited in the Fund in its entirety immediately upon receipt by the government of Guam. The Fund shall not be subject to the transfer authority of I Maga’lahen Guåhan. It is further provided that:

(1)The Guam Registrar of the Office of Vital Statistics, of the Department of Public Health & Social Services shall report monthly and maintain full compliance with all financial reporting requirements of the government of Guam pursuant to applicable law; and

(2)Any and all collections deposited into and/or expenditures from the Fund shall be reported to I Maga’lahen Guåhan and the Speaker of I Liheslaturan Guåhan.

(b)Independent Records and Accounts. The Fund shall be maintained separate and apart from all other government funds; have an independent records and accounts concerning the Fund; and audited by the Public Internal Auditor or the Department of Interior for each fiscal year and shall provide I Maga’lahen Guåhan and the Speaker of I Liheslaturan Guåhan with a copy of the audited report.

(c)Deposits / Continuing Appropriation. All monies collected for products and services rendered by the Office of Vital Statistics shall be accounted for and deposited into the Fund and shall be available to pay for the expenses of the Office of Vital Statistics. All monies in the Fund are hereby deemed appropriated on a continuing basis and shall not lapse, and shall not be subject to appropriation constraints in order to be expended.

(d)Application. All monies deposited in the Fund shall be available to be expended and shall be used solely in support of the functions of and to pay the expenses of the Office of Vital Statistics. The Fund may also be used for, but is not limited to, the following expenses which shall be directly and solely applicable to the functions and operations of the Office of Vital Statistics:

(1)payment(s) for procurement and maintenance of contractual services for equipment and/or technology CH. 3. PUBLIC HEALTH AND SOCIAL SERVICES support, for the direct use and exclusive benefit of the Office of Vital Statistics;

(2)payment(s) for supplies;

(3)payment(s) for any other expenses, which if remains unpaid may result in an emergency situation within the Office of Vital Statistics, as approved by the Director;

(4)additional personnel, as may be necessary to supplement and address the staffing requirements of the Office of Vital Statistics; provided, however, that all authorized personnel positions, regardless of whether the position(s) is currently filled or vacant, which are budgeted for in the FY 2012 Budget Appropriation for the Executive Branch with monies from the General Fund, any Special Fund and/or Federal funds, shall continue to be paid from these funding sources, and not from the Fund;

(5)procurement, upgrade and/or maintenance of computer system(s); and

(6)payment(s) for burials arranged by the Director pursuant to § 3231 of this Chapter 3, and § 4A103 of Chapter 4A Title 10, Guam Code Annotated.

(e)The Director shall submit an annual spending plan for the Fund in accordance with and at the same time as the Bureau of Budget and Management Research budget call.

(f)The Guam Registrar of the Office of Vital Statistics, via the Director, shall, by no later than the 20th day of each month, submit a financial report relative to the status and activities of the Fund. The monthly report shall be submitted, via the Office of I Maga’lahen Guåhan, to the Speaker of I Liheslaturan Guåhan, and the Chairpersons of the Committee on Finance, and the Committee on Health of I Liheslaturan Guåhan. The report shall, at a minimum, contain:

(1)all expenditures and encumbrances (monthly and year to date);

(2)funds received and source(s); CH. 3. PUBLIC HEALTH AND SOCIAL SERVICES

(3)status of accounts receivable for outstanding debts and/or delinquent payment obligations owed to the Office of Vital Statistics; and

(4)any and all other pertinent information relative to the Fund.

(g)The Office of Vital Statistics Revolving Fund shall be included in the government of Guam annual audit review and report.