Mental Health and Substance Abuse Services Fund

(a)There is hereby created, separate and apart from other funds of the government of Guam, a fund known as the Mental Health and Substance Abuse Services Fund (hereinafter Fund). The Fund shall be separate and apart from all other funds of the government of Guam, shall be kept in separate bank account, and shall not be subject to any transfer authority of I Maga’hågan/Maga’låhen Guåhan or any inter-fund transfers.

(b)All proceeds from the collection of any fees by the Guam Behavioral Health and Wellness Center shall be deposited into the Fund.

(c)Notwithstanding the general provisions of § 22406 of Title 5 GCA which require that unused and de-appropriated funds revert to the General Fund, or any other provision of Guam law to the contrary, all de-appropriated or unused funds appropriated from the Mental Health and Substance Abuse Services Fund shall, in all circumstances, and whether in whole or in part, be returned to the Mental Health and Substance Abuse Services Fund.

(d)Notwithstanding the provisions of § 22103, § 21107, and § 21110 of Title 5 GCA or any other provision of Guam law to the contrary, all interest earned on the Mental Health and Substance Abuse Services Fund shall be returned to the Mental Health and Substance Abuse Services Fund.

(e)The Director of Administration shall submit a report on a quarterly basis to the Speaker of I Liheslaturan Guåhan of the revenues and interest earned, collected and expended from the Mental Health and Substance Abuse Services Fund and shall post such report on the Department’s website.

(f)Expenditures from Fund; Authorized. All expenditures from the fund shall be authorized and appropriated pursuant to the annual Fiscal Year Budget Act of the Executive Branch, applicable law, rules and regulations, and as may be further provided or required pursuant to the Permanent Injunction ordered by the U.S. District Court of Guam mandating GBHWC to provide necessary and timely services to its clients. Expenditures from the Fund by GBHWC shall be for, but is not limited to, its costs of operations, personnel, contractual services, the development of programs and services, the timely payment of debt obligations, capital improvements, and any other purposes approved and appropriated for pursuant to the annual fiscal year budget appropriation act of the Executive Branch, and applicable law, rules and regulations.

(1)Any appropriation or expenditure authorization not utilized by the end of a fiscal year shall not lapse and shall continue to be available and may be expended in the next fiscal year, subject to availability of funds, unless otherwise specifically precluded or prohibited pursuant to law.

(2)The Guam Behavioral Health and Wellness Center shall prioritize the timely payment of all outstanding debt obligations to the Guam Memorial Hospital Authority.

(g)Fund Administration. The Director of Administration shall be the disbursing and certifying officer for the Fund, and shall comply with the provisions of Chapter 14 of Title 4, Guam Code Annotated. The Director of Administration shall maintain appropriate records of the Fund and shall provide accounting and auditing services for the Fund.

(h)Submission of Detailed Report of Deposits and Expenditures on a Quarterly Basis. The Director of the Department of Administration, in conjunction with the Director of the Guam Behavioral Health and Wellness Center, shall submit to the Speaker and the Chairperson of the Committee on Health and Human Services of I Liheslaturan Guåhan, or its equivalent successor, and I Maga’hågan/Maga’låhen Guåhan a detailed report of the revenue received and deposited into the Fund and all expenditures from the Fund on a quarterly basis. CH. 86 GUAM BEHAVIORAL HEALTH AND WELLNESS CENTER