Month: April 2018

Senators Move Bill Authorizing Immediate Taxation of Short-term Vacation Rentals

FOR IMMEDIATE NEWS RELEASE (April 27, 2018 – Hagåtña)
Bill No. 258-34 (LS) introduced by Vice Speaker Therese M. Terlaje was heard on the legislative session floor today and placed in the voting file. Bill No. 258-34 (LS) will allow for the immediate implementation of the levy on Short-term Vacation Rentals, similar to the already implemented levy on Bed and Breakfast establishments. The bill proposes to allow the Department of Revenue & Taxation to proceed with the collection of an 11% excise tax on these establishments without the need for additional rules and regulations.

Vice Speaker Terlaje stated that current law is clear enough for DRT to issue applications for certifications, certificates, and reporting forms for Short-Term Vacation Rentals.

The Guam Visitor’s Bureau expressed their full support, calling the bill “ an important step to leveling the playing field for all accommodation services within the tourism industry on Guam.”

A fiscal assessment of Bill No. 258-34 (LS) provided by the Bureau of Budget and Management Research reported potential revenue of approximately $3.6 million.

“This is not a new tax, but it is my understanding that DRT has not yet implemented this levy on these short-term vacation rental establishments. The intent of this bill is to streamline this process and give DRT more tools to move forward with the enforcement of the existing excise tax statute and bring in other businesses that are not currently reporting this type of rental,” Terlaje further stated.

For more information, please call the Office of Vice Speaker Therese M. Terlaje at (671) 472-3586.

COMMITTEE ON CULTURE AND JUSTICE RECEIVES CRITICAL TESTIMONY ON PROPOSED STAND YOUR GROUND LEGISLATION

FOR IMMEDIATE NEWS RELEASE (April 20, 2018) – The Committee on Culture and Justice received testimony during a public hearing today on Bill 149-34 (COR) introduced by Senator Joe S. San Agustin and Senator Dennis Rodriguez, Jr. –An Act to amend §§ 7.111, 7.112, and 7.113 of Article 5, Chapter 7 of Title 9 of the Guam Code Annotated, and to amend §§ 7.86(b)(2) and 7.86(c) of Article 4, Chapter 7, of Title 9, Guam Code Annotated, relative to expanding the “Castle Doctrine” by adding the “Stand Your Ground” Justification for Acts of Self Defense and eliminating the requirement of retreating before the use of force in the face of imminent danger. Several supporters and opponents of the bill came to the hearing with a majority testifying in favor of Bill 149-34 (COR).

According to Attorney Stephen Hattori, the Executive Director of the Public Defender Service Corporation, under current law, “You can use self defense everywhere, you have a duty to retreat, unless the incident occurs in your home, vehicles, or place of work. This bill would expand the zone of protection. A Stand Your Ground law makes everywhere you step your castle.” (Written testimony attached.)

Both Hattori and Deputy Attorney General and Chief Prosecutor Joseph B. McDonald provided research to committee members, which included a study by the American Bar Association’s National Task Force on Stand Your Ground, published in 2015. The Task Force conducted a broad investigation of Stand Your Ground laws across the United States that revealed several important findings, which include:

1. Based on recent empirical studies, Stand Your Ground states experienced an increase in homicides.
2. Multiple states have attempted to repeal or amend Stand Your Ground laws.
3. The application of Stand Your Ground laws is unpredictable, uneven, and results in racial disparities.
4. An individual’s right to self-defense was sufficiently protected prior to Stand Your Ground laws.
5. Victims’ rights are undermined in states with statutory immunity from criminal prosecution and civil suits related to Stand Your Ground cases.

Furthermore, the Task Force made recommendations for Legislatures that included the following:
1. For states that desire to combat violent crime, it is recommended that legislatures do not enact Stand Your Ground laws because empirical evidence shows that states with statutory Stand Your Ground laws have not decreased theft, burglary, or assault crimes. For states that have already enacted Stand Your Ground laws, it is recommended that they repeal these laws.

2. For states that desire to reduce their overall homicide rates, it is recommended that legislatures repeal Stand Your Ground laws because empirical evidence shows that states with statutory Stand Your Ground laws have increased homicide rates.

3. For states that desire to reduce or eliminate racial disparities in the criminal justice system, it is recommended that legislatures amend or repeal statutory Stand Your Ground laws because implicit racial bias has been identified as a significant factor causing inconsistent outcomes in criminal cases involving Stand Your Ground laws.

The full report may be downloaded at:
https://www.americanbar.org/content/dam/aba/images/diversity/SYG_Report_Book.pdf

Chief of Police Joseph Cruz submitted written testimony stating that the Guam Police Department could not support Bill 149-34 (COR) as it would make law enforcement’s duties more difficult. “After a review of similar statues, articles, and relevant data, it appears that “Stand Your Ground Laws” combined with increased access to firearms/”gun-carrying” causes a rise in unnecessary violent confrontations,” Chief Cruz stated. He further stated that Guam’s Castle Doctrine law and self-defense laws “more than allow a law-abiding citizen the legal right to defend themselves and their families against unwarranted/unprovoked violence.”

###
For more information, please call the
Office of Vice Speaker Therese M. Terlaje at (671) 472-3586

Vice Speaker Terlaje and Sens. Nelson, Lee, Muna, and Torres Unite to Find Solutions to Better Protect Guam’s Children

FOR IMMEDIATE RELEASE (April 12, 2018) – Please be advised that the Committee on Culture & Justice, the Committee on Housing, Utilities, Public Safety, and Homeland Security, the Committee on Innovation and Economic Workforce, and Youth Development along with Senator Mary Camacho Torres and Senator Louise B. Muna will be conducting a Joint Roundtable Discussion on Tuesday, April 17, 2018 beginning at 3:00 p.m. in the Public Hearing Room of I Liheslaturan Guåhan, Guam Congress Building, 163 Chalan Santo Papa Street, Hagåtña.

The committees will discuss the following:
Emergency Shelter and Support Services for Homeless Children:

Discussing strategies and services available to support the Child Protective Agencies and Housing Agencies efforts to prevent the threat of harm to children living without adequate shelter, and to expand emergency shelter and support services.

Representatives from DPHSS, Division of Child Protective Services, GHURA, Guam Housing Corporation, the Guam Homeless Coalition and the Guam Police Department have been invited to participate.

https://www.guampdn.com/story/opinion/editorials/2018/04/20/rise-child-abuse-homelessness-more-must-done-our-view/531301002/