49 CFR § 383.25: driver not showing ID Up to $5,000 (or vehicle impoundment…

Hafa Adai Mr. Hackett,

Confirming receipt of the one (1) letter from Richard Ybanez. We did not receive a recording of the phone call with Michael Johnson, but we can still proceed without it.

Kindly note, we are still in the review process and will reach out should we have any further questions regarding this matter.

Thank you.
Respectfully,

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Vote this bill into law to prevent Guam fraud

📝 DRAFT BILL: The Anti-Fraud Automatic Assistance Act

A BILL INTRODUCED BY: (Name of Sponsoring Senator/s)

AN ACT TO ADD A NEW CHAPTER 70 TO TITLE 5, GUAM CODE ANNOTATED, RELATIVE TO ESTABLISHING THE AUTOMATIC GOVERNMENT ASSISTANCE FUND AND MANDATING DIRECT, AUTOMATIC DISBURSEMENT OF LOCALLY APPROPRIATED ASSISTANCE FUNDS TO ELIGIBLE RESIDENTS TO MAXIMIZE EFFICIENCY AND PREVENT FRAUD.

Section 1. Legislative Findings and Intent.

I Liheslaturan Guåhan finds that the current system of application-based public assistance programs often involves high administrative costs and creates opportunities for fraud through manual application, verification, and disbursement processes. Therefore, it is the intent of the Legislature to:

• (a) Streamline and consolidate locally funded assistance programs into a single, direct disbursement system.

• (b) Utilize existing government data to automatically identify and enroll eligible residents, thereby eliminating application fraud.

• (c) Ensure that assistance funds are distributed efficiently and equitably to the people of Guam.

Section 2. Enactment of New Chapter.

A new Chapter 70 is hereby added to Title 5, Guam Code Annotated, to read as follows:

“CHAPTER 70. AUTOMATIC GOVERNMENT ASSISTANCE FUND

§ 7001. Definitions.

For the purposes of this Chapter:

• (a) “Automatic Government Assistance Fund” or “Fund” means the special fund established in Section 7002.

• (b) “Eligible Resident” means any resident of Guam who meets the basic eligibility criteria for any local-only public assistance program, as determined by the Director of the Department of Revenue and Taxation (DRT) in consultation with the Department of Public Health and Social Services (DPHSS) and based primarily on annual household income and residency.

• (c) “Locally Appropriated Assistance Funds” means any funds appropriated by the Guam Legislature from the General Fund or any other local special fund specifically for the purpose of providing direct financial aid, relief, or welfare assistance to individuals or families on Guam, but specifically excluding federal grant funds which are subject to federal law and regulations.

§ 7002. Establishment of the Fund.

There is hereby established in the Treasury of Guam the Automatic Government Assistance Fund, to be administered by the Department of Administration (DOA). All locally appropriated assistance funds, upon enactment of the law making the appropriation, shall be automatically transferred into this Fund.

§ 7003. Mandatory Automatic Disbursement.

• (a) Disbursement Mandate. Notwithstanding any other provision of law, all Locally Appropriated Assistance Funds transferred into the Fund shall be automatically disbursed by the DOA to every Eligible Resident, on an equal per-capita basis, within thirty (30) days of the fund transfer.

• (b) Eligibility Determination. The Director of DRT shall establish a secure, automated data-matching system with DPHSS to verify the eligibility of residents based on the most current tax and social services records. This determination shall be conducted quarterly.

• (c) Disbursement Method. Disbursement shall be made via mandatory direct electronic transfer (ACH) to a bank account or via a secure, government-issued prepaid debit card for Eligible Residents without a bank account. No paper checks shall be issued.

§ 7004. Fraud Prevention and Penalties.

• (a) Data Integrity. The use of an automated data-matching system for enrollment and verification shall be the primary mechanism for preventing fraud.

• (b) Penalty. Any person found to have intentionally provided false information to government agencies for the purpose of being designated as an Eligible Resident under this Chapter shall be subject to a civil penalty equal to three (3) times the amount of funds improperly received, in addition to any criminal penalties for fraud.

Section 3. Severability.

If any provision of this Act or its application to any person or circumstance is found to be invalid or contrary to law, such invalidity shall not affect other provisions or applications of this Act which can be given effect without the invalid provisions or application, and to this end, the provisions of this Act are severable.

Section 4. Effective Date.

This Act shall take effect one hundred eighty (180) days following its enactment into law to allow for the establishment of the automated data-matching and disbursement system.

Next Steps for the Bill:

1. Find a Sponsor: You would need to contact a Senator of the Guam Legislature who is willing to formally introduce this bill under their name.

2. Fiscal Note: The Legislative Counsel will require a Fiscal Note from the Office of Finance and Budget (OFB) to estimate the administrative cost of setting up and maintaining the required data-matching and direct deposit system.

3. Public Hearing: The bill would be referred to a committee (likely the Committee on Rules or a committee related to Finance/Welfare) for a public hearing, where residents and government agencies can provide testimony.