The 38th Guam Legislature passed the Governor's Bill 1 (11-S), however, as amended by the Committee of the Whole on Tuesday morning, if signed into law the Guam Memorial Hospital Authority will receive nearly $20 million in excess fiscal year 2027 Section 30 funds.
The amended Bill 1 (11-S) passed with 11 ayes, 3 nays, and 1 excused absence. As amended the legislative intent appropriates $19,885,394 from Section 30 tax revenues received in excess of the amount adopted in public law 38-136.
"The entire amount shall support the Guam Memorial Hospital in the acquisition and implementation of a modern electronic healthcare health record system and related infrastructure improvement," Sen. Telo Taitague said reading the amended intent which reflected the evolution of the bill on the floor throughout Tuesday morning.
Earlier in the special session, Speaker Frank Blas Jr., who proffered the first amendment to Bill 1 (11-S) contended that while there are four bills competing for the Section 30 excess funds, Fiscal 2027 Budget Act already identified the "first $21 million" in excess funds go toward the hospital.
"If you take the provision that is already contained in the budget law for what it is, we really shouldn't have been addressing this piece of legislation or any pieces of legislation with the $19 million because the law says that the first $21 million goes to GMH," Blas said.
Blas withdrew his first amendment and offered a second amendment followed by an amendment to the amendment strikes the University of Guam from the bill redirecting the entire $19.885 million to GMH based on that understanding of public law.
Several senators expressed concern over the amendment.
Sen. Sabrina Salas Matanane, the chair of the Committee on Health and Veterans Affairs argued Blas' amendment "short-changes" GMH.
She said that hospital officials need the $21 million called for under current law for operations and on top of that the initial $15 million in the governor's original bill.
Blas in closing on his amendment acknowledged GMHA's needs for operational and EHR funding but also a need to abide by the law.
"The fact of the matter is that we are bound by the law that ... basically states that the first $21 million goes to GMH. Now this whole argument about using FY2026 excess funds, that's FY2026, we cannot touch it. That requires a whole new piece of ... of legislation and whole other process. This only addresses and identifies the funding sources as funding for FY2026 excess funds. And to do otherwise, basically means, we're going to for lack of a better term, break the law. And I don't think we want to ...do that," Blas said.
Also included in the amended bill is an amendment by Sen. Joe San Agustin which sets Sept. 30, 2027, as the deadline for GMHA to report on spending of the funds towards the EHR system and calls for the return any unused funds.
With the passing of Bill 1 (11-S) it will now head to the governor's desk for signature into law.
It was noted during special session that GMHA will be receiving $21 million in cash on Wednesday from the Department of Administration from funds obligated in fiscal 2026.