(a) (1) The Judicial Council is hereby authorized to 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 source, 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 interest of the Community, it may delegate or assign any or all of the following tasks of design, construction, purchase of collateral equipment and negotiation and/or execution of financial instruments 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 to 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 obtaining the financing for the forensic science laboratory, as described in this Subsection, to consolidate the Seven Million Three Hundred Thousand Dollars ($7,300,000) with existing obligations of the Judicial Building Fund, up to a maximum total of Eleven Million Dollars ($11,000,000), in order to realize savings in its annual payment obligation for these loans.

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7 Guam Code Ann. CIVIL PROCEDURE
CH. 9.5 JUDICIAL BUILDING FUND

(b) Any financial arrangement to provide for the design, construction and collateral equipment of a forensic science laboratory shall be subject to the approval of the secured creditor of the Judicial Building Fund. The Judicial Council shall, without jeopardizing reserves for existing obligations, be required to maintain reserves sufficient to assure that loan installments, if any, are paid on time; for emergency maintenance; for extensions to facilities; and for replacement of short-lived assets 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 science laboratory shall be constructed on property of the Guam Community College 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 shall revert to the Judicial Building Fund.

(e) I Liheslaturan Guåhan [The Legislature] encourages the Judicial Council to explore and identify any and all potential financing sources or grants, including, but not limited to, any Federal government instrumentalities or private financial lending sources, for construction of the forensic science laboratory.

(f) Subject to the appropriate security measures, the Guam Community College shall collaborate with the University of Guam (>University’) in allowing the University to utilize the forensic science laboratory building for classes and training by the University.

SOURCE: Added by P.L. 26-124:2 as § 9109. Renumbered by Compiler because § 9109 is already occupied. Subsection (a) amended by P.L. 29-113:VI:44 (Sept. 30,
2008).