Guam senators debate floor substitute to expand financing and predevelopment uses for Simon A. Sanchez High School

Sen. Duane moved on the floor to accept a substituted version of Bill 23538 that would amend existing financing language to allow use of a portion of the FY2025 net unobligated general fund revenue balance for leaseback payments and related predevelopment expenses for the Simon A. Sanchez High School project.

"This substitute bill is about making sure that we are not leaving financing options off the table," Sen. Duane said, arguing the change would make the legislature's intent clearer to outside partners and federal financing programs such as "EB‑5 and other recognized federal financing mechanisms" and would help secure the best possible financing deal while keeping the project moving.

Duane told colleagues the amendment would let the government use funds not only for leaseback payments but also "for the related predevelopment cost to keep the project moving," specifically naming demolition and site preparation as primary near‑term uses. He emphasized, "it's about kids and safety, not politics," and said the substitute does not change the borrowing ceiling, interest rate provisions, or debt‑service amount authorized under current law.

Several senators objected that the floor substitute represents a substantive change that lacked adequate public notice and additional public hearing. A senator identified from the floor as the "General lady from Baragata" raised a point of inquiry for legal counsel and a formal point of order, asserting the community had not had an opportunity to comment on the substantive changes and asking whether the substitute would affect an ongoing procurement.

An unidentified senator raised multiple points of order citing provisions referenced in the transcript — "5 g c h chapter a, the open government law," 2 GCA 2103, and 2 GCA 2108 — and argued that the bill's title and public notice did not give ample notice of the substantive change. That senator also said the matter touches a contested procurement allegedly worth about $140,000,000 and warned parties to the procurement had not been given notice of the change.

Duane responded that legal counsel had ruled the amendment was not a substantive change because it enumerates financing programs and predevelopment uses already available under existing law, and he said agencies such as GEDA had no objection. He repeatedly framed the change as clarifying language that preserves financing flexibility rather than increasing borrowing authority.

The presiding officer allowed a motion to substitute the bill and, after a raised‑hand indication, declared the substitution carried earlier in the exchange. Later, after further points of order and the new SUR substitute was moved and the title read, objections were lodged again and the presiding officer said he would take the points under advisement and recess the session until 2 p.m. The transcript provided does not record a final floor vote on the SUR substitute.

Next procedural steps: the presiding officer recessed until 2:00 p.m. to consider the points of order; no final disposition of the SUR substitute is recorded in the transcript provided.