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Senator Parkinson offers amendment on commission funding; Senate sends bill back to committee
Summary
Senator Parkinson introduced an amendment moving nonprofit-corporation language into a new statutory section and clarifying funding options for a commission. After senators raised confusion about whether the change would remove the commission as a line agency, the Senate voted to return bill 42-38 CR to committee for further legal and fiscal clarification.
Senator Parkinson proposed an amendment to bill 42-38 CR that would amend multiple sections of Title 5, Chapter 88 of the Guam Code Annotated and add new sections to strengthen fiscal sustainability, establish personnel policy, consolidate the commission’s fiscal authority, and increase stipends for commission members.
The amendment, read aloud by Senator Parkinson, removes the nonprofit corporation language from its current place in the bill and places that provision into a new section (88110). Parkinson described the change as one recommended by legal counsel and said it also removes a redundant 'use of funds' clause while creating a mechanism to allow the commission to receive donations and other revenue.
The amendment prompted questions from the floor. The gentlewoman from the Johnny memory said she supported the amendment’s intent but asked whether the change would remove the commission as a line agency and convert it to a self-funding entity. "Are we removing the commission from being a line agency to being self-sufficient and self-funding?" she asked. Senator Parkinson replied, "the intent is not to remove the commission as a line agency. It is to give it more avenues to generate funding. It's basically a mechanism to allow them to receive donations in an effort to pursue their mission."
Senators on the floor said the bill remained confusing in several respects, including how a proposed revolving fund for donations would operate, whether the commission already had authority to form a nonprofit, and how independent fiscal and personnel authorities would be structured. The gentlewoman from Tamuning said key questions — including independent fiscal authority, independent personnel systems, and clearly defined corporate powers in statute — remained unanswered and requested additional time for the author to work with legal counsel and produce a clearer plan.
Following that request, a motion was made to send bill 42-38 CR back to committee for further work. After an objection was registered and members indicated support by raising their hands, Mr. Speaker declared, "Motion carries. Bill's moved back to committee." The chamber recessed and agreed to reconvene the following day at 3:00 p.m. for voting.
The action returns the bill to committee without final adoption; senators asked for clearer statutory language on the nonprofit provision, details about the proposed revolving fund, and explicit statements about whether the commission’s status as a line agency would remain intact. The committee will be expected to address those items before the bill returns to the floor.
