Police Patrol Vehicle and Equipment Revolving Fund; Establishment

There is hereby established a “Police Patrol Vehicle and Equipment Revolving Fund” (Fund), to be maintained by the Department of Administration for the sole benefit of the Guam Police Department. 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 or accruing to the account from whatever source(s), as provided or authorizedpursuant 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’hågan/Maga’låhen Guåhan.

(a)Funding.

(1)The Police Patrol Vehicle and Equipment Revolving Fund shall be funded by, but is not limited to, OVIS fees collected and allocated in accordance with § 3602(b) of Article 3, Chapter 3, and fines imposed under § 12110 of Chapter 12, both of Title 16, Guam Code Annotated.

(2)All monies received, collected from or paid by parties responsible for damages to vehicles owned by the Guam Police Department shall be deposited in the Fund.

(b)Purpose. The primary and sole purpose of the Fund is the acquisition of vehicles and requisite associated equipment, and to support the repair and maintenance needs for vehicles of the Guam Police Department on a fiscal year basis.

(c)Authorized Expenditure and Continuing Appropriation.

(1)All monies in the Fund are hereby appropriated, and shall be deemed appropriated on a continuing basis and shall not lapse, and shall not be subject to appropriation constraints in order to be expended for the purposes of acquiring, repairing, and maintaining vehicles and requisite associated equipment for the Guam Police Department.

(2)All monies in the Fund shall be expended at the discretion of the Chief of Police for the purposes of acquiring, repairing, and maintaining vehicles and requisite associated equipment for the Guam Police Department, or subsidizing the utilization of privately-owned vehicles for police service, patrol duty, and other law enforcement related functions, as provided pursuant to Chapter 56 of Title 10, Guam Code Annotated.

(3)The Fund shall not be used to purchase non-patrol vehicles for administrative utilization purposes.

(d)Reporting.

(1)Any and all collections deposited into and/or expenditures from the Fund shall be reported quarterly to I Maga’hågan/Maga’låhen Guåhan and the Speaker of I Liheslaturan Guåhan, and the Guam Police Department, in conjunction with the Department of Administration, shall report and maintain full compliance with all financial reporting requirements of the government of Guam pursuant to applicable law.

(2)The Fund shall be subject to review and audit by the Office of Public Accountability, which shall provide I Maga’hågan/Maga’låhen Guåhan and the Speaker of I Liheslaturan Guåhan with a copy of any audited report. CH. 77 GUAM POLICE DEPARTMENT

(e)The Chief of Police 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.

(1)The spending plan shall include the actual experience of the fund, and any shortfalls experienced for the current fiscal year, or anticipated for the succeeding fiscal year.

(2)A budget request for additional funding as is required for necessary vehicle acquisition, repairs and maintenance shall be in provided for in the budget request of the Executive Branch for the Department for the succeeding fiscal year.