NOTE: Some content may not display correctly, including tables and figures. See PDF for full details.

AN ACT TO AMEND AND ADD A NEW SUBSECTION (b) TO 943.20, AND TO AMEND 543.51 OF CHAPTER 43 OF TITLE 9 OF THE GUAM CODE ANNOTATED, RELATIVE TO CLASSIFYING UNAUTHORIZED ELECTRICAL CONNECTIONS, OR "ILLEGAL HOOK-UPS," AS A THEFT CONSTITUTING A FELONY OF THE THIRD DEGREE, AND TO ESTABLISH FINES AND PENALTIES FOR SUCH HOOKUPS.

BE IT ENACTED BY THE PEOPLE OF THE TERRITORY OF GUAM:

Section 1. Legislative Findings and Intent. The Guam Legislature finds that Guam Power Authority ("GPA") is faced with attempting to recover millions of dollars in lost revenue resulting from unauthorized electrical connections, or "illegal hook-ups." The problem has manifested itself in various forms, perpetrated by not only residential users, but by contractors and businesses as well. Between November 1995 through September 1996, seventy-six (76) meter tampering cases were reported to GPA and siXty-three (63) cases were reported as thefts to the Guam Police Department ("GPD"). In most cases, the individuals involved were not penalized because the thefts are classified as misdemeanors. The Guam Legislature also finds that with the increase in delinquent accounts, disconnections follow, which many times lead to an increase in unauthorized electrical connections and inactive accounts. The cycle oftentimes recurs, resulting in wasted GPA manpower and materials that, in tum, will eventually lead to higher costs. The Guam Legislature also realizes that illegally tapping into and tampering with the power system is a safety hazard that endangers lives and property. In anticipation of continued unauthorized use of electricity, the Guam Legislature finds that it is imperative that stringent measures be taken to put an end to such illegal activities. The Guam Legislature further finds that legislation must be enacted that will effectuate the necessary steps in which the millions in lost revenues be properly recovered.

Section 2. Definition of Unauthorized Electrical Connections or Illegal Power Hook-Ups. An illegal power hook-up is any connection to power lines which belong to the government of Guam, that is made without the prior written permission of the Guam Power Authority, or any power hook-up from a direct power line which bypasses or hinders meter registration. The conditions include, but are not limited to:

(a) External jumpers;

(b) Bypass on meter;

(c) Tap ahead of electric meter;

(d) Inverted (electric) or reversed substitution meter;

(e) Manipulation of meter dials;

(f) Foreign materials inside electric meter;

(g) Open potential line;

(h) Unmetered theft of service;

(i) Metered theft of service; or

(j) Any other unauthorized or illegal hook-up.

Section 3. Section 43.20(b) of Chapter 43 of Title 9 of the Guam Code Annotated is repealed and re-enacted to read: "(b) Theft constitutes a felony of the third degree if the amount involved is less than One Thousand Five Hundred Dollars ($1,500.00) but exceeds Five Hundred Dollars ($500.00) or if the property stolen is a firearm or motorized vehicle other than those set forth in Subsection (a) of this Section, or if the theft is through an unauthorized electrical connection."

Section 4. Section 43.51 of Chapter 43 of Title 9 of the Guam Code Annotated is repealed and re-enacted and a new Subsection (b) is added to read:

"§43.51 Theft of Utilities. (a) A person is guilty of theft if he knowingly tampers with, alters or by-passes meters for the purpose of obtaining electrical power, gas or water without paying compensation to the entity providing such services. A person commits theft if he knowingly diverts telephone service, electrical power, gas or water to his own benefit or to the benefit of another not entitled thereto with the intent to avoid payment to the entity providing such service.

(b) Unauthorized Electrical Connections; Bypass or Obstruction of Meter. Every person, contractor or business who shall willfully, and knowingly with intent to injure or defraud, make or cause to be made any connection in any manner whatsoever with any electric wire or electric appliance of any character whatsoever operated by any person, persons, corporations or government entities authorized to generate, transmit and sell electric current, or who shall so willfully and knowingly with intent to injure or defraud, use or cause to be used any such connection in such manner as to supply any electric current for heat or light or power to an,y electric lamp, apparatus, or device, by or at which electric current is consumed or otherwise used or wasted, without passing through a meter for the measuring and registering of the quantity passing through such electric wire or apparatus, or who shall, knowingly or with like intent injure, alter or procure to be injured or altered any electric meter, or obstruct its working, or procure the same to be tampered with or injured, or use or cause to be used any electric meter, or appliance so tampered with or injured, shall be deemed guilty of a theft constituting a felony in the third degree, and shall be subject to any and all fines, penalties, and terms of imprisonment applicable by law, as well as any and all fines payable to the Guam Power Authority."

Section 5. Amnesty Period. There shall be an amnesty period of ninety (90) days for persons wishing for assistance in disconnection, and a one hundred twenty (120) day amnesty period for actual disconnection. This Section shall become effective forty-five (45) days after enactment to allow for an educational period in which the Guam Power Authority shall conduct a public awareness campaign on the provisions of this Act. The Authority shall issue a notice to each customer along with the regular power bill, for the current billing period, within this forty-five (45) day period.

Section 6. Establishment of Reward for Persons Reporting Unauthorized Electrical Connections or Illegal Hook-Ups. The Guam Power Authority shall formulate a reward program inclusive of, but not limited to the terms, conditions and the amount to be awarded to a person who reports to GPA an illegal power hook-up resulting in the collection of fines and penalties, or a convicti?n. The identity of the individual reporting the illegal hook-up shall be kept confidential.

Section 7. Fine or Penalty Schedule. The General Manager of the Guam Power Authority shall formulate a penalty schedule based upon a minimum of Two Thousand Five Hundred Dollars ($2,500.00) up to a maximum of Twenty-five Thousand Dollars ($25,000.00) in fines for illegal hook-ups, including meter tampering. GPA shall submit the penalty schedule to the Guam Legislature forhi-five (45) days after the enactment of this Act for approval. The General Manager may formulate a payment schedule for a period of up to twenty-four (24) months, in which imposed fines shall be paid along with regular power biUs, at twelve percent (12%) annual interest on the unpaid balance. Any person who makes an unauthorized connection shall have GPA service discontinued and shall be refused service until such time that the aggregate amount in penalties are paid to GPA.

Section 8. Determination of Amount of Power Illegally Used. The Guam Power Authority shall determine the estimated value of the power utilized by the illegal power connection, or tampered meter, based upon the estimated time of placement using average consumption figures for the type of consumption of the illegal hook-up system-wide for all consumers of that set class, taking into account usage of the premises, number of occupants or users, and the size of the building or area served by such illegal hook-up. It shall be the burden of the recipient of the illegal hook-up to establish that the estimated usage set forth by the Guam Power Authority is incorrect. A possible method of determination of time period shall be the verification of Guam Power Authority records bill and KWH history so as to determine when the location last paid for power at a normal level of consumption notwithstanding other legislative provisions on backbilling. The amount so determined shall be due and payable to the Guam Power Authority.

Section 9. Effective Date. This Act shall become effective immediately upon enactment.