5 Guam Code Ann. § 34109
Terms Used In 5 Guam Code Ann. § 34109
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
- Subpoena: A command to a witness to appear and give testimony.
(1) The records of the following public officers and local agencies:
(A) the Office of Vital Statistics of the Department of
Public Health and Social Services;
(B) the Division of Public Welfare of the Department of
Public Health and Social Services;
(C) the Motor Vehicle Division of the Department of
Revenue and Taxation;
(D) any tax or business licensing branches or divisions of the Department of Revenue and Taxation with regard to the following, but not limited thereby: income, revenue, assets, and other financial information; residential addresses of individuals; identity of employers; and ownership and control of corporations, partnerships and other business entities;
(E) the Records Division of the Department of Land
Management;
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(F) all boards, commissions and agencies which issue occupational or professional licenses, certificates or permits;
(G) the Department of Labor;
(H) the Department of Integrated Services for Individuals with Disabilities;
(I) the Guam Housing and Urban Renewal Authority; (J) the Department of Corrections;
(K) any law enforcement agencies or any other agencies which maintain records of criminal history; and
(L) any other agencies administering any public assistance program.
(2) The records of any public utilities, internet and long distance services or carriers, and community antenna or cable television companies with regard to their customers names, addresses, and employers names and addresses;
(3) Information in the possession of financial institutions relating to the assets and liabilities of their customers. Financial institutions shall not be liable for such disclosure. As used in this Section, financial institution is defined in 5 Guam Code Ann. § 34109.1;
(4) Information in the possession of any public or private employer or other entity, including but not limited to, for-profit and non-profit entities, relating to the employment, compensation and benefits of any individuals employed by such entity as an employee or as an independent contractor.
(b) If a person or other entity fails to supply the information requested pursuant to Subsection (a) of this § 34109, the Attorney General may issue a subpoena to compel the person or entity to provide that information. The Attorney General and any other States IV-D agency may request any information necessary to carry out the provisions of this Chapter or the provisions of such States child support enforcement program in accordance with applicable Federal or State law. Any person or entity that fails to comply with a request made pursuant to
§ 34109 is subject to a civil penalty of not more than Five Hundred
Dollars ($500.00) for each failure to comply
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SOURCE: GC § 9120.57 enacted by P.L. 16-010 (May 22, 1987). Subsection (a) repealed and reenacted by P.L. 18-017:7 (Oct. 5, 1985). Repealed and reenacted by P.L. 26-148:5 (Sept. 27, 2002).
COMMENT: to P.L. 26-148 action Under SSA § 466(c) concerning expedited procedures, subsections (1)(B), (1)(C) and (1)(D) require better and prompt access by the state agencies to records which will assist the state agency in carrying out its duties. These may be records of public agencies, public and private utilities, financial institutions and all employers. Guam is committed to this requirement in
§ 2.12-2 of the State Plan. Prior 5 Guam Code Ann. § 34109 adequately addressed the former federal requirements, but not the new ones.