Public Law 29-135 - An Act to renumber §60907 and to add a new §60907 to Article 9, Chapter 60 of Title 21 of the Guam Code Annotated, relative to the Department of Land Management Building Construction Fund

P.O. Box 2950 Hagatfia, Guam 96932 TEL: (671) 4 72-8931 •FAX: (671) 4 77-4826 • EMAIL: govemor@mail.gov.gu Felix P. Camacho Governor Michael W Cruz, M.D. Lieutenant Governor The Honorable Judith T. Won Pat, Ed.D. Speaker Mina' Trenta Na Liheslaturan Guahan 155 Hessler Street Hagatfia, Guam 96910 Dear Speaker Won Pat: 1 4 JAN 2009 ...0' .. Transmitted herewith is Bill No. 392(LS), "AN ACT TO RENUMBER §60907 AND TO ADD A NEW §60907 TO ARTICLE 9, CHAPTER 60 OF TITLE 21 OF THE GUAM CODE ANNOTATED, RELATIVE TO THE DEPARTMENT OF LAND MANAGEMENT BUILDING CONSTRUCTION FUND"" which was signed into law on January 8, 2009 as Public Law 29-135. Sinseru yan Magahet, FELIX P. CAMACHO I Maga 'lahen Guahan Governor of Guam Attachment: copy of Bill cc: The Honorable Tina Rose Muna Barnes, Senator and Legislative Secretary ~ -;fJJ-tb s 7 Judith T. Won --..--...... D. 0ate ... +-'-.......,r--+ Time--,,&---'1---'-+-t--J:!:: I MINA'BENTE NUEBI NA LIHESLATURAN GUAffAN 2008 (SECOND) Regular Session CERTIFICATION OF PASSAGE OF AN ACT TO I MAGA'LAHEN GUAfIAN This is to certify that Bill No. 392 (LS), "AN ACT TO RENUMBER §60907 AND TO ADD A NEW §60907 TO ARTICLE 9, CHAPTER 60 OF TITLE 21 OF THE GUAM CODE ANNOTATED, RELATIVE TO THE DEPARTMENT OF LAND MANAGEMENT BUILDING CONSTRUCTION FUND," was on the 23rd day of December, 2008, duly and regularly passed. in R se Mufi.a Barnes Senator and Secretary of the Legislature This Act was received by I Maga'lahen Guahan this 4;.4-0 o'clockf-M VED: FELIX P . CAMACHO I Maga'lahen Guahan 2 Date: 8' ~uA..l/ ,.:A;~ Public Law No. 29-135 Judith T. Won Pat, Ed. D. Speaker y of ~, 2008, at I MINA 'BENTE NUEBE NA LIHESLATURAN GUAHAN 2008 (SECOND) Regular Session Bill No. 392 (LS) As amended on the Floor. Introduced by: Frank F. Blas, Jr. Edward J.B. Calvo B. J.F. Cruz James V. Espaldon Mark Forbes Judith P. Guthertz, DPA Frank T. Ishizaki J. A. Lujan Tina Rose Mufia Barnes A. B. Palacios, Sr. v. c. pangelinan R. J. Respicio Dr. David L.G. Shimizu Ray Tenorio Judith T. Won Pat, Ed.D. AN ACT TO RENUMBER §60907 AND TO ADD A NEW §60907 TO ARTICLE 9, CHAPTER 60 OF TITLE 21 OF THE GUAM CODE ANNOTATED, RELATIVE TO THE DEPARTMENT OF LAND MANAGEMENT BUILDING CONSTRUCTION FUND. I BE IT ENACTED BY THE PEOPLE OF GUAM: 2 Section 1. Legislative Findings and Intent. I Liheslaturan Guahan finds 3 that the lack of office space and housing for the Department of Land Management 4 (DLM), the Chamorro Land Trust Commission, the Ancestral Lands Commission and 5 the Hagatfia Restoration and Redevelopment Authority operations has imposed 6 excessive rental costs on each of these agencies. I Liheslaturan Guahan further finds 7 that the construction of a new Land Resources Public Facility will benefit Guam's 1 1 taxpayers in reducing rental cost and having ownership of a government facility by 2 housing these related agencies in a more centralized area to provide public services. 3 Section 2. §60907 is hereby renumbered to read as "§60908" and a new 4 §60907 is hereby added to Article 9, Chapter 60 of Title 21 of the Guam Code 5 Annotated, to read as follows: 6 "§60907. New DLM Construction Building. (a) The Department of 7 Land Management is hereby authorized to provide for the design, construction 8 and collateral equipment of a new public facility by entering into a financing 9 arrangement with the U.S. Department of Agriculture, or other financing 10 source, with lower cost of funds, not to exceed Fifteen Million Seven Hundred 11 fifty Thousand Dollars ($15,750,000), for a term not to exceed forty (40) years. 12 (b) Any financial arrangement to provide for the design, construction 13 and collateral equipment of the Land Resources Building shall be subject to the 14 approval of the secured creditor of the Department of Land Management. The 15 Director of Land Management without jeopardizing existing obligations, is 16 authorized to use a portion of its Land Survey Revolving Fund, which shall be 17 deposited into the DLM Building Construction Fund to make repayment and 18 assure that its loan installments are paid on time; for emergency maintenance; 19 for extensions to facilities; and for replacement of short-lived assets with a 20 useful life significantly less than the repayment period of any loan or the term, 21 or any other financial arrangement. 22 ( c) Any monies reimbursed for expenses incurred on the design and 23 construction of the Land Resources Building shall revert to the DLM Building 24 Construction Fund. 25 ( d) I Liheslaturan Guahan encourages the Department of Land 26 Management to explore and identify any and all potential financing sources or 2 1 grants, including, but not limited to, any Federal government instrumentalities 2 or private financial lending sources, and the Chamorro Land Trust 3 Commission, the Ancestral Lands Commission and the Hagatiia Restoration 4 and Redevelopment Authority for construction of the Land Resources Building. 5 ( e) Interest derived from the financial agreement shall be exempt from 6 taxation by the Government. 7 (t) Notwithstanding any substantive or procedural prov1s1on of 8 Chapter 6 of Title 5 of the Guam Code Annotated, the government of Guam 9 hereby waives immunity from any suit or action in contract on the loan, but 10 does not waive sovereign immunity as to personal liability of elected or 11 appointed officials and employees of the government of Guam." 3