Terms Used In 12 Guam Code Ann. § 83102

  • Contract: A legal written agreement that becomes binding when signed.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
For the purposes of this Chapter and unless otherwise specified, the following words and phrases are defined to mean

(a) Act means Chapter 83 of Title 12, Guam Code Ann., which shall be known as the “”Guam Twenty-First Century Healthcare Center Act of 2021.””

(b) Contract shall mean the design, construction, financing, maintenance, and transfer contract entered into by and between the Government of Guam and the contractor/developer following negotiations on the response to the Request for Proposal.

(c) Contractor/developer shall mean the authorized entity which shall be the signatory on the contract and shall be fully responsible for carrying out the design, build, finance, transfer, and maintenance of projects that make up the Guam Twenty-First Century Healthcare Center that is deemed appropriate by GEDA. The contractor/developer may cooperate with another entity or entities in any manner the contractor/developer deems appropriate to provide for the financing, design, and build of the Guam Twenty-First Century Healthcare Center envisioned by this Chapter.

(d) ‘Guam Twenty-First Century Healthcare Center Committee’ shall be chaired by Administrator or Deputy Administrator of the Guam Economic Development Authority and include the Administrator and Directors of all Healthcare Agencies, the Director or Deputy Director of Department of Public Works, the Director or Deputy Director of Department of Land Management, the Director or Deputy Director of the Bureau of Statistics and Planning, the Director or Deputy Director of the Bureau of Budget Management and Research, Director or Deputy Director of the Department of

COL 7/27/2023

12 Guam Code Ann. AUTONOMOUS AGENCIES
CH. 83 THE GUAM TWENTY-FIRST (21ST) CENTURY
HEALTHCARE CENTER ACT OF 2021

Administration, the Legislative committee chairperson with jurisdiction on health matters or his/her designee, Chairpersons of the Municipal Planning Councils of impacted villages as determined by the Mayors Council of Guam or their designee, President of the Guam Medical Society or their designee, and President of the Guam Medical Association or their designee. Notwithstanding any other provision of law, Members of the Guam Twenty-First Century Healthcare Center Committee are “”officials”” for the purposes of Title 4 Chapter 13 Guam Code Ann., the Public Official Disclosure Act and shall file a financial disclosure pursuant to that Chapter .

(e) Healthcare agencies shall mean the Guam Memorial Hospital Authority (GMHA), the Department of Public Health and Social Services (DPHSS), and the Guam Behavioral Health and Wellness Center (GBHWC).

(f) Guam Twenty-First Century Healthcare Center as used in this Act shall mean the Guam Memorial Hospital Authority, the Department of Public Health and Social Services, and the Guam Behavioral Health and Wellness Center located as a whole, on one (1) property, or separately, if feasible.

(g) Healthcare facilities shall mean the facilities of the Guam Memorial Hospital Authority, the Department of Public Health and Social Services, and the Guam Behavioral Health and Wellness Center.

(h) Leases shall mean leases from the Government of Guam or by and through one or more of the healthcare agencies to the contractor/developer and/or the Guam Economic Development Authority entered into at the time of the contract for the property.

(i) Lease-back shall mean the lease from the Guam Economic Development Authority and/or the contractor/ developer to the Government of Guam or by and through one or more of the healthcare agencies of the newly constructed Guam Twenty-First Century Healthcare Center.

COL 7/27/2023

12 Guam Code Ann. AUTONOMOUS AGENCIES
CH. 83 THE GUAM TWENTY-FIRST (21ST) CENTURY
HEALTHCARE CENTER ACT OF 2021

(j) Property shall mean any property on which the
Guam Twenty-First Century Healthcare Center is located.

2023 NOTE: Added by P.L. 36-056:1 (Oct. 13, 2021). Subsection (d)
amended by P.L. 37-010:2 (May 10, 2023).