Public Law 28-30
I MINA'BENTE OCHO NA LIHESLATURAN
GUÅHAN
2005 (FIRST)
Regular Session
Bill No. 39
(EC)
As
amended on the Floor.
Introduced by:
J. M.S. Brown
Mike Cruz
Mark Forbes
R. Klitzkie
L. A. Leon Guerrero
J. A. Lujan
A. B. Palacios
Ray Tenorio
A. R. Unpingco
J. T.
Won Pat
AN ACT TO ADD A NEW SECTION 63103.1 TO ARTICLE 1,
CHAPTER 63, DIVISION 6 OF TITLE 5 OF THE
BE IT ENACTED BY
THE PEOPLE OF
Section
1.
Legislative Findings and Intent. The Department of Agriculture is
responsible for the protection of
Section
2. A new
§63103.1 is hereby added to Article 1, Chapter
63, Division 6 of Title 5 of the
Ҥ63103.1
Civilian Volunteer Conservation Officer Reserve.
(1)
Creation.
(2)
Functions and
Duties.
(3)
Recruitment.
(4)
Training,
Equipment and Maintenance of Records.
(5)
Volunteer:
Authority.
(6)
Same:
Allowance.
(7)
Same: Eligibility
and Oath.
(8)
Rules and
Regulations: Recommendations.
(1)
Creation. There is hereby created within the
Department of Agriculture of the government of
(2)
Functions and
Duties. The general function and duties of the
Civilian Volunteer Conservation Officer Reserve shall be to provide backup
manpower for the suppression of fish and wildlife crimes, preservation of law
and order, and to assist in civil emergencies. The Director shall formulate a program
whereby the Civilian Volunteer Conservation Officer Reserve shall fulfill the
functions and duties herein prescribed.
From time to time, the Director shall review and revise the functions and
duties of the Civilian Volunteer Conservation Officer Reserve to insure an
amicable discharge of its responsibilities and duties knowing that its role is
the extension of duties of regular Department of Agriculture
personnel.
(3)
Recruitment. The Director shall recruit, on an
entirely volunteer basis, local residents who desire to provide their services
to the Department of Agriculture in carrying out its law enforcement duties and
emergency functions. The Director
shall promulgate rules and regulations consistent with the requirements of
hiring regular Conservation Officers.
(4)
Training,
Equipment and Maintenance of Records. The Director shall devise a program
whereby the Law Enforcement Section in the Division of Aquatic and Wildlife
Resources of the Department of Agriculture and the Civil Defense Office provides
the members of the Civilian Volunteer Conservation Officer Reserve training in
crime prevention and operational techniques and procedures for natural and
man-made emergencies. Volunteer
officers must have a certificate of completion of a training program approved by
competent authority. The Civilian
Volunteer Conservation Officer Reserve shall maintain a roster of volunteers who
have received the training prescribed herein. In order to maintain membership in the
Reserve, each member must complete his or her scheduled training and no
volunteer may remain in the Reserve if he or she is unable to successfully
complete the training.
Additionally, basic supplies and equipment shall be provided to assure
constant functioning of the Civilian Volunteer Conservation Officer Reserve,
including a continuing program for replacement of
officers.
(5)
Volunteer:
Authority. Whenever members of the Civilian
Volunteer Conservation Reserve render assistance to Conservation Officers, the
volunteers shall have the same powers, duties, rights, including coverage under
the Worker’s Compensation Act, privileges and immunities, as full-time employees
of the Department of Agriculture, except that they shall earn recruitment
credit for services performed as volunteers.
(6)
Same:
Allowance. Each member of the Civilian Volunteer
Conservation Officer Reserve who successfully completes probationary
requirements as established by the Director and who contributes a minimum of
forty-two (42) hours or more per month, shall receive
an allowance of Two Hundred Fifty Dollars ($250.00) per month, to defray the
cost of maintenance of his equipment and uniforms. The Department of Agriculture shall
identify funds within department appropriations or other appropriate funding
sources to satisfy the requirements of this Section.
(7)
Same: Eligibility
and Oath. No person shall be a volunteer member of
the Civilian Volunteer Conservation Officer Reserve established under this
Chapter who advocates a change by force or violence in the constitutional form
of the Government of the United States or Guam or the overthrow of any
Government in the United States by force, or who has been convicted of or is
under indictment or information charging any subversive act against the United
States. Every volunteer shall,
entering upon his or her duties, take an oath, in writing, before a person
authorized to administer oaths in
‘I_______________________,
do solemnly swear (or affirm) that I will support and defend the Constitution of
the United States and the laws of Guam, against all enemies, foreign or
domestic; that I will bear true faith and allegiance to the same; that I take
this obligation freely, without any mental reservation or purpose of evasion;
and that I will well and faithfully discharge the duties upon which I am about
to enter and I do further swear (or affirm) that I do not advocate, nor am I a
member of any political party or organization that advocates the overthrow of
the Government of the United States or of Guam by force or violence; and that
during such time as I am a member of the Civilian Volunteer Conservation Reserve
I will not advocate nor become a member of any political party or organization
that advocates the overthrow of the Government of the United States or of Guam
by force or violence.’
(8) Rules and
Regulations:
Recommendations. The
Director shall create rules and regulations through the Administrative
Adjudication process to implement and maintain the Civilian Volunteer
Conservation Officer Reserve.”
Section
3.
Severability. If any provision of
this Act or its application to any person or circumstance is held invalid, the
invalidity does not affect other
provisions or applications of this Act which can be given effect without the
invalid provision or application, and to this end the provisions of this Act are
severable.