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AN ACT TO AMEND P.L. NO. 24-31, RELATIVE TO CLASSIFYING UNAUTHORIZED ELECTRICAL CONNECTIONS AS THEFT, AND TO ADOPT PROPOSED FINES AND PENALTIES FOR SUCH HOOK-UPS.

BE IT ENACTED BY THE PEOPLE OF GUAM

Section 1. Legislative Statement.

The Guam Power Authority ("GPA") has submitted the proposed fine and penalty schedule to the Speaker of the Guam Legislature on July 1, 1997, pursuant to Section 7 of Public Law Number 24-31, and seeks to amend and clarify certain provisions of the Act.

Section 2. Section 4(b) of Public Law Number 24-31 is hereby repealed and reenacted to read as follows:

(b) Unauthorized Electrical Connections; Bypass or Obstruction of Meter.

Every user, contractor or business who shall unlawfully and knowingly injure, alter, or procure to be injured, 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 user, users, 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 any 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 3. Section 5 of Public Law Number 24-31 is hereby repealed and reenacted to read as follows:

"Section 5. Education and Amnesty Period. This Section shall become effective forty-five (45) days after enactment of ths Act to allow for an educational period in which the Guam Power Authority ('GPA') shall conduct a public awareness campaign on the provisions ofthis Act. Ln addition to the public awareness campaign, GPA shall issue a notice containing the pertinent sections of this Act. Tlus notice shall be issued along with the regular power bill for the current billing period along with the regular power bill for the current billing within the forty- five (45) day educational period. There shall be an amnesty period of ninety (90) days beginning after the expiration of the forty-five (45) day educational period for users wishing for assistance in disconnection and/or correction of conditions which are in violation of Section 2 of this Act. Once a customer has reported to GPA that they are in violation of this Act and requests assistance in correcting the conditions, it is the responsibility of GPA to correct the conditions without any penalty to the customer."

Section 4. Section 7 of Public Law Number 24-31 is hereby repealed and reenacted to read as follows: 

"Section 7. Fines or Penalties for Unauthorized Electrical Connections.

Every user contractor or business who knowingly taps into, tampers with, alters or by-passes electrical meters in accordance with the provisions set forth in Section 2 of Public Law Number 24-31, and Section 2 of this Act, shall be subject to penalties that will be calculated at twice the amount of the estimated value of the power utilized by the illegal power connection, as determined by the provisions set forth in Section 5 of this Act. Said penalties are exclusive of the estimated value of the power, utilized by the illegal connection, that is due and payable to the GPA in accordance with the provisions set forth in Section 5 of this Act pertaining to backbilling. The General Manager of GPA may formulate a payment schedule for a period of up to twenty-four (24) months, in wlch imposed fines shall be paid along with regular power bills, at twelve percent (12%) annual interest on the unpaid balance. Any user 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 or a payment schedule has been arranged and approved by GPA."  

Section 5. Section 8 of Public Law Number 24-31 is hereby repealed and reenacted to read as follows:

"Section 8. Determination of Amount of Power Illegally Used.

The Guam Power Authority ('GPA') shall determine the estimated value of the power utilized by the illegal power connection, or tampered meter, based upon the estimated time the illegal hook-up was in place using average consumption figures for the type of consumption of the illegal hook-up system-wide for all consumers of that set rate schedule, 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 GPA is incorrect. A possible method of determination of time period shall be the verification of GPA 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 GPA."