48 U.S.C. § 1423i — Approval of bills

Page 113 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1423i The quorum of the legislature shall consist of a simple majority of its members. No bill shall be- come a law unless it shall have been passed at a meeting, at which a quorum was present, by the affirmative vote of a majority of the members present and voting, which vote shall be by yeas and nays. (Aug. 1, 1950, ch. 512, § 12, 64 Stat. 388; Pub. L. 90–497, § 6(b), Sept. 11, 1968, 82 Stat. 846; Pub. L. 105–291, § 3, Oct. 27, 1998, 112 Stat. 2785.) Editorial Notes AMENDMENTS 1998—Pub. L. 105–291 substituted ‘‘a simple majority’’ for ‘‘eleven’’. 1968—Pub. L. 90–497 inserted a quorum requirement, provided that a quorum of the legislature consist of eleven of its members, and made presence of a quorum requisite to passage of a law. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1968 AMENDMENT Pub. L. 90–497, § 6(b), Sept. 11, 1968, 82 Stat. 846, pro- vided that the amendment made by that section is ef- fective on date of enactment of Pub. L. 90–497, which was approved Sept. 11, 1968. § 1423c. Privileges of members (a) The members of the legislature shall, in all cases except treason, felony, or breach of the peace, be privileged from arrest during their at- tendance at the legislature and in going to and returning from the same. (b) No member of the legislature shall be held to answer before any tribunal other than the legislature itself for any speech or debate in the legislature. (Aug. 1, 1950, ch. 512, § 13, 64 Stat. 388.) § 1423d. Oath of office Every member of the legislature and all offi- cers of the government of Guam shall take the following oath or affirmation: ‘‘I solemnly swear (or affirm) in the presence of Almighty God that I will well and faithfully support the Constitution of the United States, the laws of the United States applicable to Guam and the laws of Guam, and that I will con- scientiously and impartially discharge my du- ties as a member of the Guam Legislature (or as an officer of the government of Guam).’’ (Aug. 1, 1950, ch. 512, § 14, 64 Stat. 388.) § 1423e. Prohibition against acceptance of salary increases or newly created offices No member of the legislature shall, during the term for which he was elected or during the year following the expiration of such term, be ap- pointed to any office which has been created, or the salary or emoluments of which have been in- creased during such term. (Aug. 1, 1950, ch. 512, § 15, 64 Stat. 388.) § 1423f. Qualifications of members No person shall sit in the legislature who is not a citizen of the United States, who has not attained the age of twenty-five years and who has not been domiciled in Guam for at least five years immediately preceding the sitting of the legislature in which he seeks to qualify as a member, or who has been convicted of a felony or of a crime involving moral turpitude and has not received a pardon restoring his civil rights. (Aug. 1, 1950, ch. 512, § 16, 64 Stat. 388.) § 1423g. Vacancies Vacancies occurring in the legislature shall be filled as the legislature shall provide, except that no person filling a vacancy shall hold office longer than for the remainder of the term for which his predecessor was elected. (Aug. 1, 1950, ch. 512, § 17, 64 Stat. 388.) § 1423h. Regular and special sessions Regular sessions of the legislature shall be held annually, commencing on the second Mon- day in January (unless the legislature shall by law fix a different date), and shall continue for such term as the legislature may provide. The Governor may call special sessions of the legis- lature at any time when, in his opinion, the pub- lic interest may require it. No legislation shall be considered at any special session other than that specified in the call therefor or in any spe- cial message by the Governor to the legislature while in such session. All sessions of the legisla- ture shall be open to the public. (Aug. 1, 1950, ch. 512, § 18, 64 Stat. 388; Pub. L. 90–497, § 6(a), Sept. 11, 1968, 82 Stat. 846.) Editorial Notes AMENDMENTS 1968—Pub. L. 90–497 removed 60-day limitation on the length of regular sessions and 14-day limitation on the length of special sessions of the legislature. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1968 AMENDMENT Pub. L. 90–497, § 6(a), Sept. 11, 1968, 82 Stat. 846, pro- vided that the amendment made by that section is ef- fective on date of enactment of Pub. L. 90–497, which was approved Sept. 11, 1968. § 1423i. Approval of bills Every bill passed by the legislature shall, be- fore it becomes a law, be entered upon the jour- nal and presented to the Governor. If he ap- proves it, he shall sign it, but if not he shall, ex- cept as hereinafter provided, return it, with his objections, to the legislature within ten days (Sundays excepted) after it shall have been pre- sented to him. If he does not return it within such period, it shall be a law in like manner as if he had signed it, unless the legislature by ad- journment prevents its return, in which case it shall be a law if signed by the Governor within thirty days after it shall have been presented to him; otherwise it shall not be a law. When a bill is returned by the Governor to the legislature with his objections, the legislature shall enter his objections at large on its journal and, upon motion of a member of the legislature, proceed to reconsider the bill. If, after such reconsider- ation, two-thirds of all the members of the legis- Page 114 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1423j lature pass the bill, it shall be a law. If any bill presented to the Governor contains several items of appropriation of money, he may object to one or more of such items, or any part or parts, portion or portions thereof, while approv- ing the other items, parts, or portions of the bill. In such a case he shall append to the bill at the time of signing it, a statement of the items, or parts or portions thereof, to which he objects, and the items, or parts or portions thereof, so objected to shall not take effect. All laws en- acted by the legislature shall be reported by the Governor to the head of the department or agen- cy designated by the President under section 1421a of this title. The Congress of the United States reserves the power and authority to annul the same. (Aug. 1, 1950, ch. 512, § 19, 64 Stat. 389; Pub. L. 90–497, § 8, Sept. 11, 1968, 82 Stat. 847; Pub. L. 93–608, § 1(14), Jan. 2, 1975, 88 Stat. 1969.) Editorial Notes AMENDMENTS 1975—Pub. L. 93–608 struck out requirement that re- ports be transmitted to Congress by the Secretary con- cerned. 1968—Pub. L. 90–497, § 8(a), struck out President’s au- thority to veto territorial legislation referred by the Governor after such legislation had been passed by the legislature over the Governor’s veto. Pub. L. 90–497, § 8(b), struck out provision that, if Congress did not annul laws passed by the legislature and reported to Congress within one year of the date of its receipt by Congress, such laws were deemed to have been approved by Congress. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1968 AMENDMENT Pub. L. 90–497, § 8(b), Sept. 11, 1968, 82 Stat. 847, pro- vided that the amendment made by that section is ef- fective on the date of enactment of Pub. L. 90–497, which was approved Sept. 11, 1968. Amendment by Pub. L. 90–497 necessary to authorize the holding of an election for Governor and Lieutenant Governor on Nov. 3, 1970, effective Jan. 1, 1970, and all other amendments unless otherwise provided effective Jan. 4, 1971, see section 13 of Pub. L. 90–497, set out as a note under section 1422 of this title. § 1423j. Authorization of appropriations (a) Appropriations, except as otherwise pro- vided in this chapter, and except such appropria- tions as shall be made from time to time by the Congress of the United States, shall be made by the legislature. (b) If at the termination of any fiscal year the legislature shall have failed to pass appropria- tion bills providing for payments of the nec- essary current expenses of the government and meeting its legal obligations for the ensuing fis- cal year, then the several sums appropriated in the last appropriation bills for the objects and purposes therein specified, so far as the same may be applicable, shall be deemed to be re- appropriated, item by item. (c) All appropriations made prior to August 1, 1950 shall be available to the government of Guam. (Aug. 1, 1950, ch. 512, § 20, 64 Stat. 389.) § 1423k. Right of petition The legislature or any person or group of per- sons in Guam shall have the unrestricted right of petition. It shall be the duty of all officers of the government to receive and without delay to act upon or forward, as the case may require, any such petition. (Aug. 1, 1950, ch. 512, § 21, 64 Stat. 389.) § 1423l. Omitted Editorial Notes CODIFICATION Section, act Oct. 5, 1992, Pub. L. 102–381, title I, 106 Stat. 1392, which authorized Territorial and local gov- ernments of Guam to make purchases through General Services Administration, was from the Department of the Interior and Related Agencies Appropriations Act, 1993, and was not repeated in subsequent appropriation acts. See section 1469e of this title. Similar provisions were contained in the following prior appropriation acts: Nov. 13, 1991, Pub. L. 102–154, title I, 105 Stat. 1007. Nov. 5, 1990, Pub. L. 101–512, title I, 104 Stat. 1932. Oct. 23, 1989, Pub. L. 101–121, title I, 103 Stat. 716. Sept. 27, 1988, Pub. L. 100–446, title I, 102 Stat. 1797. Dec. 22, 1987, Pub. L. 100–202, § 101(g) [title I], 101 Stat. 1329–213, 1329–231. Oct. 18, 1986, Pub. L. 99–500, § 101(h) [title I], 100 Stat. 1783–242, 1783–258, and Oct. 30, 1986, Pub. L. 99–591, § 101(h) [title I], 100 Stat. 3341–242, 3341–258. Dec. 19, 1985, Pub. L. 99–190, § 101(d) [title I], 99 Stat. 1224, 1238. Oct. 12, 1984, Pub. L. 98–473, title I, § 101(c) [title I], 98 Stat. 1837, 1851. Nov. 4, 1983, Pub. L. 98–146, title I, 97 Stat. 931. Dec. 30, 1982, Pub. L. 97–394, title I, 96 Stat. 1979. Dec. 23, 1981, Pub. L. 97–100, title I, 95 Stat. 1401. Dec. 12, 1980, Pub. L. 96–514, title I, 94 Stat. 2969. Nov. 27, 1979, Pub. L. 96–126, title I, 93 Stat. 965. Oct. 17, 1978, Pub. L. 95–465, title I, 92 Stat. 1289. July 26, 1977, Pub. L. 95–74, title I, 91 Stat. 295. July 31, 1976, Pub. L. 94–373, title I, 90 Stat. 1052. Dec. 23, 1975, Pub. L. 94–165, title I, 89 Stat. 987. Aug. 31, 1974, Pub. L. 93–404, title I, 88 Stat. 812. Oct. 4, 1973, Pub. L. 93–120, title I, 87 Stat. 433. Aug. 10, 1972, Pub. L. 92–369, title I, 86 Stat. 512. Aug. 10, 1971, Pub. L. 92–76, title I, 85 Stat. 233. July 31, 1970, Pub. L. 91–361, title I, 84 Stat. 673. Oct. 29, 1969, Pub. L. 91–98, title I, 83 Stat. 151. July 26, 1968, Pub. L. 90–425, title I, 82 Stat. 430. June 24, 1967, Pub. L. 90–28, title I, 81 Stat. 63. May 31, 1966, Pub. L. 89–435, title I, 80 Stat. 174. June 28, 1965, Pub. L. 89–52, title I, 79 Stat. 179. July 7, 1964, Pub. L. 88–356, title I, 78 Stat. 278. July 26, 1963, Pub. L. 88–79, title I, 77 Stat. 102. Aug. 9, 1962, Pub. L. 87–578, title I, 76 Stat. 339. Aug. 3, 1961, Pub. L. 87–122, title I, 75 Stat. 250. May 13, 1960, Pub. L. 86–455, title I, 74 Stat. 112. June 23, 1959, Pub. L. 86–60, title I, 73 Stat. 101. June 4, 1958, Pub. L. 85–439, title I, 72 Stat. 163. July 1, 1957, Pub. L. 85–77, title I, 71 Stat. 265. June 13, 1956, ch. 380, title I, 70 Stat. 264. June 16, 1955, ch. 147, title I, 69 Stat. 149. July 1, 1954, ch. 446, title I, 68 Stat. 372. July 31, 1953, ch. 298, title I, 67 Stat. 273. July 9, 1952, ch. 597, title I, 66 Stat. 457. Aug. 31, 1951, ch. 375, title I, 65 Stat. 263. Sept. 6, 1950, ch. 896, Ch. VII, title I, 64 Stat. 694. SUBCHAPTER IV—THE JUDICIARY § 1424. District Court of Guam; local courts; juris- diction (a) District Court of Guam; unified court system (1) The judicial authority of Guam shall be vested in a court established by Congress des-