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7 GCA CIVIL PROCEDURE CH. 9.5 JUDICIAL BUILDING FUND 1 CHAPTER 9.5 JUDICIAL BUILDING FUND § 9501. Judicial Building Fund. § 9502. Fund Sources. § 9503. Separation of Accounts. § 9504. Reporting Requirements. § 9505. Interest Bearing Accounts. § 9506. Authorization to Borrow. § 9507. Legislative Appropriations. § 9508. Review Agent. § 9509. Partial Diversion of Fund. § 9510. Forensic Science Laboratory. § 9511. Maintenance of Judicial Center and Forensi c Science Building and Equipment. § 9512. Additional Authorization to Borrow. § 9501. Judicial Building Fund. There is hereby created a Judicial Building Fund fo r the Superior Court of Guam. All money collected for the Fund shall be deposited in interest earning bank accounts as provided in § 9503 and § 9 505 of this Chapter. SOURCE : CCP § 189 added by P.L. 17-0082:1 (Dec. 21, 1984) . § 9502. Fund Sources . (a) All income and interest earned on such income r eceived by the Courts for the filing of documents, or imposition o f fines based on the fee schedule in existence as of September 12, 2002, exc ept as otherwise mandated by 7 GCA Chapter 9, Article 2 and 8 GCA Ch apter 161 relative to the Guam Law Library and the Criminal

s based on the fee schedule in existence as of September 12, 2002, exc ept as otherwise mandated by 7 GCA Chapter 9, Article 2 and 8 GCA Ch apter 161 relative to the Guam Law Library and the Criminal Injuries Comp ensation, respectively, and from rent paid by other tenants o r government departments or agencies occupying the Judicial Building shall b e deposited in the Judicial Building Fund. All interest income earned by the C ourts from interest bearing bank accounts not part of the Judicial Buil ding Fund shall likewise be deposited in the Judicial Building Fund as provi ded in § 9505 of this Chapter. (b) Subject to approval by the Judicial Council, th e Superior Court may charge reasonable fees for providing certain servic es or programs that the court determines are necessary for the proper admin istration of justice. COL2220177 GCA CIVIL PROCEDURE CH. 9.5 JUDICIAL BUILDING FUND 2 Revenue received from such programs may be deposite d within revolving accounts set up to support the programs or in the J udicial Building Fund, as the Council may provide. (c) All increase in fees, fines or revenues approve d by the Supreme Court of Guam or the Judicial Council and collected by

the programs or in the J udicial Building Fund, as the Council may provide. (c) All increase in fees, fines or revenues approve d by the Supreme Court of Guam or the Judicial Council and collected by the Courts of Guam, which are over and above the fee schedule in existe nce as of September 12, 2002, shall be deposited into the Judicial Client S ervices Fund. SOURCE: CCP § 189.1 added by P.L. 17-082:1 (Dec. 21, 1984) ; amended by P.L. 19- 006:1 (Aug. 26, 1987). Subsection (c) added by P.L. 26-152:IV:17. Amended by P.L. 27-55:1. 2016 NOTE: Reference to the 'Territorial Law Library' changed to 'Guam Law Library' pursuant to 1 GCA § 420 (added by P.L. 24- 089 (Oct. 7, 1997). P.L. 27-138:4 (Dec. 30, 2004) amended and moved 9 G CA Chapter 86 (Criminal Injuries Compensation) to 8 GCA Chapter 161, and th e reference were changed to correspond to the new citation. § 9503. Separation of Accounts. The Superior Court of Guam shall establish an accou nt or accounts for the Judicial Building Fund, separate and apart from that of the government of Guam General Fund accounts and the existing acco unts of the Superior Court.

shall establish an accou nt or accounts for the Judicial Building Fund, separate and apart from that of the government of Guam General Fund accounts and the existing acco unts of the Superior Court. The new account or accounts established for the Fund together with the interest earned thereon shall be for the sole p urpose of financing the planning, construction, furnishing and equipment of a new Judicial Building for the Superior Court of Guam, and shall be used f or no other purpose. SOURCE : CCP § 189.2 added by P.L. 17-082:1 (Dec. 21, 1984 ). § 9504. Reporting Requirements. The Judicial Building Fund shall be under the stew ardship of the Judicial Council. The Judicial Council shall prepar e, or cause to be prepared, full statements of accounts of all money received a nd expended out of the account or accounts of the Building Fund, and shall transmit such report to the Legislature each fiscal year, together with the Budget Request of the Superior Court for the ensuing fiscal year. SOURCE: CCP § 189.3 added by P.L. 17-082:1 (Dec. 21, 1984). § 9505. Interest Bearing Accounts. The Superior Court of Guam is hereby authorized to deposit money in any of its accounts other than

year. SOURCE: CCP § 189.3 added by P.L. 17-082:1 (Dec. 21, 1984). § 9505. Interest Bearing Accounts. The Superior Court of Guam is hereby authorized to deposit money in any of its accounts other than those established pu rsuant to § 9503 of this COL2220177 GCA CIVIL PROCEDURE CH. 9.5 JUDICIAL BUILDING FUND 3 Chapter into interest earning checking or savings a ccounts. All interest so earned shall be withdrawn from the checking or savi ngs accounts and deposited into the account or accounts of the Judic ial Building Fund at the end of each calendar quarter. A report of all inter est so earned and deposited into the Judicial Building Fund shall be transmitte d to the Legislature at the end of each fiscal year. SOURCE: CCP § 189.4 added by P.L. 17-082:1 (Dec. 21, 1984) . § 9506. Authorization to Borrow. The Judicial Council is authorized by this Section to enter into a loan agreement on behalf of the Government of Guam for t he sole purpose of financing the planning, construction, furnishing an d equipment of a new Judicial Building and to secure such loan by procee ds from the Judicial Building Fund, and, if necessary, to secure repayme nt of the loan by mortgage on the building.

ishing an d equipment of a new Judicial Building and to secure such loan by procee ds from the Judicial Building Fund, and, if necessary, to secure repayme nt of the loan by mortgage on the building. The Judicial Council shal l enter into such an agreement subject to the concurrence of the Governo r in writing and the Legislature by statute, and the members shall not i ncur any personal liability for any loan agreement lawfully entered into. The l oan agreement shall become effective as of the date the Legislature con curs by statute. Title 12 GCA 2103(k) shall not apply to the loan obtained pu rsuant to this Chapter. SOURCE: CCP § 189.5 added by P.L. 17-082:1 (Dec. 21, 1984) ; amended by P.L. 19- 006:2 (Aug. 26, 1987). NOTE: The Legislature concurred with the loan and establi shed the effective date of the loan by P.L. 19-019:8 and 9 (Aug. 22, 1988). § 9507. Legislative Appropriations. The Legislature may, from time to time, appropria te funds from the General Fund for deposit in the Judicial Building F und. Such funds, when appropriated, shall be paid directly to the Judicia l Building Fund. SOURCE: CCP § 189.6 added by P.L. 17-082:1 (Dec. 21, 1984) . § 9508. Review Agent.

n the Judicial Building F und. Such funds, when appropriated, shall be paid directly to the Judicia l Building Fund. SOURCE: CCP § 189.6 added by P.L. 17-082:1 (Dec. 21, 1984) . § 9508. Review Agent. The Judiciary shall retain an independent Value En gineering Consultant as their review agent for the purpose of ascertaini ng cost effectiveness and other related goals provided by value engineering s tudies. SOURCE: CCP § 89.7 added by P.L. 17-082:1 (Dec. 21, 1984). NOTE: P.L. 17-082:2, as amended by P.L. 19-006:3, added § 13525.1 to the Government Code authorizing land acquisition for th e court building and land COL2220177 GCA CIVIL PROCEDURE CH. 9.5 JUDICIAL BUILDING FUND 4 exchange rather than payment for willing landowners whose lands were taken under this authorization. § 9509. Partial Diversion of Fund . Notwithstanding any other provision of law, rule o r regulation, a maximum of Twenty Thousand Dollars per year from th e amounts not used of financing the planning, construction, furnishing and equipment of the judicial building for the Superior Court of Guam, s hall be available from the Judicial Building Fund for the Hero Scholarship Pro gram Fund pursuant to Chapter 15[,

, furnishing and equipment of the judicial building for the Superior Court of Guam, s hall be available from the Judicial Building Fund for the Hero Scholarship Pro gram Fund pursuant to Chapter 15[, Article 12] of Title 17 of the Guam Co de Annotated. SOURCE: Added as an uncodified section by P.L. 26-101:4 (J une 7, 2002). 2016 NOTE: P .L. 28-149:II:VI:5 (Sept. 30, 2006) recodified and moved 17 GCA Chapter 25, Hero Scholarship Program to 17 GCA Chap ter 15, Article 12. The reference were changed to correspond to the new cit ation. § 9510. Forensic Science Laboratory . (a) (1) The Judicial Council is hereby authorized t o provide for the design, construction and collateral equipment of a forensic science laboratory by entering into a financing arrangement with the U.S. Department of Agriculture, or other financing sourc e, with a lower cost of funds, not to exceed , Seven Million Three Hundred Thousand Dollars ($7,300,000) for a term not to exceed forty (40) years. (2) If the Judicial Council deems it in the best in terest of the Community, it may delegate or assign any or all of the following tasks of design, construction, purchase of collateral equ ipment and negotiation and/or

Council deems it in the best in terest of the Community, it may delegate or assign any or all of the following tasks of design, construction, purchase of collateral equ ipment and negotiation and/or execution of financial instrumen ts to the Guam Community College. The terms of any debt shall be approved by the Judicial Council to ensure that the fund’s ability to repay the Judicial Building Loan (Government of Guam Promissory Note t o Farmers Home Administration – Superior Court Note) is not adversely affected. Repayment of any loan or other commitment shall be made utilizing funds from the Judicial Building Fund. (3) The Judicial Council is authorized, when obtain ing the financing for the forensic science laboratory, as d escribed in this Subsection, to consolidate the Seven Million Three Hundred Thousand Dollars ($7,300,000) with existing obligations of t he Judicial Building Fund, up to a maximum total of Eleven Million Dolla rs ($11,000,000), in order to realize savings in its annual payment o bligation for these loans. COL2220177 GCA CIVIL PROCEDURE CH. 9.5 JUDICIAL BUILDING FUND 5 (b) Any financial arrangement to provide for the de sign, construction and collateral

n its annual payment o bligation for these loans. COL2220177 GCA CIVIL PROCEDURE CH. 9.5 JUDICIAL BUILDING FUND 5 (b) Any financial arrangement to provide for the de sign, construction and collateral equipment of a forensic science labo ratory shall be subject to the approval of the secured creditor of the Judicia l Building Fund. The Judicial Council shall, without jeopardizing reserv es for existing obligations, be required to maintain reserves sufficient to assu re that loan installments, if any, are paid on time; for emergency maintenance; f or extensions to facilities; and for replacement of short-lived asse ts with a useful life significantly less than the repayment period of any loan or the term, or any other financial arrangement. (c) The physical structure(s) of the forensic scien ce laboratory shall be constructed on property of the Guam Community Colle ge and shall house the Forensic Division of the Guam Police Department . (d) Any monies reimbursed for expenses incurred for the design and construction of the forensic science laboratory sha ll revert to the Judicial Building Fund.

ivision of the Guam Police Department . (d) Any monies reimbursed for expenses incurred for the design and construction of the forensic science laboratory sha ll revert to the Judicial Building Fund. (e) I Liheslaturan Guåhan [The Legislature] encourages the Judicial Council to explore and identify any and all potenti al financing sources or grants, including, but not limited to, any Federal government instrumentalities or private financial lending sour ces, for construction of the forensic science laboratory. (f) Subject to the appropriate security measures, t he Guam Community College shall collaborate with the University of Gu am ( >University’) in allowing the University to utilize the forensic sci ence laboratory building for classes and training by the University. SOURCE: Added by P.L. 26-124:2 as § 9109. Renumbered by Co mpiler because § 9109 is already occupied. Subsection (a) amended b y P.L. 29-113:VI:44 (Sept. 30, 2008). § 9511. Maintenance of Judicial Center and Forensi c Science Building and Equipment. After the debt service obligations are met to repay any d ebts funded by the Judicial Building Fund, such remaining sums as are needed for maintaining the Judicial

i c Science Building and Equipment. After the debt service obligations are met to repay any d ebts funded by the Judicial Building Fund, such remaining sums as are needed for maintaining the Judicial Center and Forensic Scienc e Building shall be expended from available funds in the Judicial Build ing Fund. SOURCE: Added by P.L. 29-113:VI:45 (Sept. 30, 2008). § 9512. Additional Authorization to Borrow. COL2220177 GCA CIVIL PROCEDURE CH. 9.5 JUDICIAL BUILDING FUND 6 (a) (1) The Judicial Council is further authorized to enter into a financing arrangement to include a loan agreement o r line of credit on behalf of the government of Guam to provide for: (A) Judiciary of Guam facility repairs, improvement s, and acquisition of real property; (B) any projects or acquisitions delineated in the Judiciary of Guam Master Plan approved by Judicial Council Resol ution No. JC 10-021; (C) repair of the Gregorio G. Perez Crime Lab not t o exceed Three Hundred Fifty Thousand Dollars ($350,000); an d (D) purchase of computer equipment and case managem ent software for the Office of the Attorney General of Guam not to exceed Three Hundred Fifty Thousand Dollars ($350,0 00).

ollars ($350,000); an d (D) purchase of computer equipment and case managem ent software for the Office of the Attorney General of Guam not to exceed Three Hundred Fifty Thousand Dollars ($350,0 00). (2) The terms of the loan agreement or line of cred it authorized under this Section shall be approved by the Judicia l Council and shall be subject to approval of the secured creditor of t he Judicial Building Fund. The Judicial Council is authorized when obta ining the financing authorized by this Section to consolidate such loan amount with the existing obligations of the Judicial Building Fund up to a maximum total of Fifteen Million Dollars ($15,000,000). Rep ayment of any loan shall be made utilizing funds from the Judicial Bui lding Fund, and may be secured by a pledge of the Judicial Building Fun d. (b) The amounts earmarked for the Guam Police Depar tment and the Office of the Attorney General of Guam shall be dis bursed by the Judiciary pursuant to a Memorandum of Understanding with the Judiciary of Guam no later than one (1) year after the loan proceeds are available. (c) The Judicial Council shall, without jeopardizin g reserves for existing obligations, be required to

ng with the Judiciary of Guam no later than one (1) year after the loan proceeds are available. (c) The Judicial Council shall, without jeopardizin g reserves for existing obligations, be required to maintain reser ves sufficient to assure that loan installments, if any, are paid on time; for em ergency maintenance; for extensions to facilities; and for replacement of sh ort-lived assets with a useful life significantly less than the repayment p eriod of any loan or the term, or any other financial arrangement. (d) Section 50103(k) of Article 1, Chapter 50 of Ti tle 12 GCA shall not apply to the loans obtained pursuant to this Ch apter. COL2220177 GCA CIVIL PROCEDURE CH. 9.5 JUDICIAL BUILDING FUND 7 (e) The term of the loan authorized by this Section , including any consolidation with existing obligations of the Judi cial Building Fund under the loan authorized and outstanding under § 9510(a) , shall not exceed forty (40) years from the date of the loan or consolidati on. (f) Waiver of Sovereign Immunity. Notwithstanding any substantive or procedural provision of Chapter 6 of Title 5, Gu am Code Annotated, the government of Guam shall not be entitled to immunit y from any suit or

f Sovereign Immunity. Notwithstanding any substantive or procedural provision of Chapter 6 of Title 5, Gu am Code Annotated, the government of Guam shall not be entitled to immunit y from any suit or action in contract on any indebtedness authorized h ereby. For the purposes of this provision only, immunity is waived as to th e award of attorney fees and related costs in connection with any suit broug ht to enforce any right or obligation incurred under the loan authorized hereb y, or in connection with the enforcement of any agreement, note or pledge th at arises directly from the indebtedness authorized hereby. SOURCE: Added by P.L. 33-066:XII:31 (Sept. 5, 2015). 2016 NOTE: Subsection and subitem designations were added to adhere to the Compiler’s general codification and alpha-numeric s chemes pursuant to 1 GCA § 1606. ---------- COL222017