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Terms Used In 5 Guam Code Ann. § 6106

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
) All claims under this Act must be filed within 18 months from the date the claim arose, but any claims timely filed under the predecessor of this Act shall be considered to have been timely filed under this Chapter.
(b) Every action filed under this Chapter shall be barred unless commenced within 18 months from the time the notice that the claim was rejected was served as provided in Article 2 of this Chapter, or within 24 months after the claim was filed in cases where the government does not reject the claim.

SOURCE: GC § 6500.05 (as to subsection (a)) and § 6500.21 (as to subsection (b). Added by P.L. 17-029:1 (Nov. 9, 1983) as § 6500.05. Codified as 5 Guam Code Ann. § 6106.

COMMENT: The 15th Guam Legislature amended the limitations applicable to this Chapter to be equivalent to the limitations applicable to actions in general. However, that amendment failed to address the issue of time of filing a claim as it relates to filing an action on a rejected claim. These two limitations are closely related, both for the government and for the claimant. Therefore, this section takes a middle ground, giving the claimant 18 months from the time the claim arose to file his claim and another 18 months after the claim was rejected or 24 months after the claim was filed in cases where the government takes no action on his claim. This gives both parties a reasonable and certain time within which to file both claims and actions against all government entities.