5 GCA § 22414
Documented Liabilities; Repayment
View official PDF ↗Liabilities of the government of Guam documented on May 26, 1984 by Touche, Ross & Co. are recognized by the Legislature, and are listed as follows: Due to GovGuam Retirement System Tax refunds (personal income) 13,500,000 Due to various vendors 2,000,000 COL4/6/2022 $ 16,120,000 CH. 22 GENERAL FISCAL POLICIES AND CONTROLS Tax refunds, corp. carryback losses 2,500,000 Tax refunds, due to GEDA rebate program 3,000,000 Litigation claims payable 750,000 $ 37,870,000 No payment by the government of Guam is to be made on any of the liabilities listed above after the effective date of this Section [June 4, 1984] except as specifically appropriated by the Legislature or as provided as follows:
(a)Pursuant to § 22413 of this Article, except for subsection
(a)of that Section, the Governor on behalf of the government of Guam is authorized to borrow an amount not to exceed Fourteen Million Dollars. This $14,000,000 includes the $4,000,000 authorized to be arranged as a line of credit subject to approval by the Legislature by Resolution according to § 22413 of this Article (as found in P.L. 17-4) and not yet drawn down as of June 4, 1984 and an additional $10,000,000. The amounts, interest rates, and maturity date of the borrowing and renewals and replacements thereof of the entire amount of $14,000,000 authorized to be borrowed by this Section shall be subject to the approval of the Legislature by Resolution, with all other terms to be determined in the discretion of the Governor through negotiation with the lending institution or institutions involved. This authorization to borrow additional funds shall be utilized first to pay the amounts appropriated in sections 6 through 20 of P.L. 17-59 and the balance to pay part of the obligations above with the obligations listed as
(1)Due to Government of Guam Retirement System,
(2)Due to various vendors, and
(3)Litigation claims payable to be paid on a prorated basis.
(b)The expenditures of the Government of Guam for FY’85 shall be 95% of the expenditures of the Government of Guam in FY’83 which is 95% of $178,000,000. The COL4/6/2022 CH. 22 GENERAL FISCAL POLICIES AND CONTROLS money realized from the 5% reduction in expenditures shall be used to retire the liabilities of the government listed above on a prorated basis.
(c)The debt of $16,120,000 owed by the General Fund to the Retirement Fund shall be repaid by not later than June 1, 1994 with interest at the average rate of return on investments of the Retirement Fund in the preceding fiscal year. Interest and principal shall be paid in quarterly installments commencing October 1, 1984. Interest shall accrue from March 31, 1984. Notwithstanding other provisions of law, the Treasurer of Guam is directed to and charged with the duties and responsibilities to insure that all principal and interest is paid on time preceding all other liabilities and obligations of the Government of Guam other than loans authorized by this Section and existing loans authorized by § 22413 of this Article.
§ The story of this section
- Enacted by P.L. 17-53 § 21 (bill & sponsor pending — earlier Legislature not yet ingested)
- Amended by P.L. 17-59 § 2 (bill & sponsor pending — earlier Legislature not yet ingested)
Interpreted by the courts:
- 2014 Guam 15 — In Re Request of I Mina Trentai Dos Na Liheslaturan Guahan Relative to the Use of Funds from the Tax Refund Efficient Pa (2014) · per Robert J. Torres, J. · cited at ¶55
Reconstructed from the Guam Code Annotated. For the authoritative version, see the official PDF.