10 Guam Code Ann. § 86111
Terms Used In 10 Guam Code Ann. § 86111
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
(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 Guam Code Ann.
which require that unused and de-appropriated funds revert to the General
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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 Guam Code Ann. 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 Ann.. The Director of
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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 & Human Services of I Liheslaturan Guåhan, or its equivalent successor, and I Maga’lahen Guåhan a detailed report of the revenue received and deposited into the Fund and all expenditures from the Fund on a quarterly basis.
SOURCE: Added by P.L. 31-233:XII:31 (Sept. 7, 2012). Subsections (f)-(h) added by P.L. 31-239:4 (Dec. 6, 2012), effective upon DMHSA [Department of Mental Health and Substance Abuse] receiving certified status from the Centers for Medicare and Medicaid Services, pursuant to P.L. 31-239:6.
2013 NOTE: P.L. 32-024:2 (May 6, 2013) renamed the Department of Mental Health
& Substance Abuse to the Guam Behavioral Health and Wellness Center. Reference to the Department of Mental Health & Substance Abuse was changed to Guam Behavioral Health and Wellness Center pursuant to P.L. 32-024:4.
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