Public Notice for August 2nd Session

I Liheslaturan Guåhan will be called into Session on Monday, August 2, 2021 at 10:00 a.m. in the Speaker Antonio R. Unpingco Legislative Session Hall in the Guam Congress Building. 

The placement of bills on the session agenda will be pursuant to our standing rules. A copy of the session agenda and potential items to be placed on the session agenda can be found here:

The session will be broadcast on local television, GTA Channel 21, Docomo Channel 117 or 112-4 for those without set top boxes and streamed online via I Liheslaturan Guåhan’s live feed at http://www.guamlegislature.com/live_feed.htm. A recording of the session will be available online via Guam Legislature Media on YouTube after the session.  Please email senatorterlajeguam@gmail.com or call 472-3586, if you require any special accommodations or further information.

Due to the current public health emergency, all persons attending Session will be required to wear masks and to observe social distancing protocols.

Si Yu′os ma′åse′.

Speaker Substitutes Bill to Ensure Fair Benefit to CLTC on Submerged Land Leases

FOR IMMEDIATE RELEASE (July 20, 2021 – Hagåtña, Guam) Speaker Therese Terlaje and the Committee on Land is requiring expanded benefit to Guam from the lease of submerged land and seashore for undersea fiber optic cables going forward.  Current Guam submerged land leases for fiber optic cables are inconsistently valued, and Speaker Terlaje’s Committee on Land is proposing that Guam’s lease rates be more in line with global prices. Despite a task force to diversify Guam’s economy and another one tasked to make recommendations concerning submarine cables on Guam, formal recommendations and plans from GEDA are still in the early stages.

In the meantime, Speaker Terlaje has proposed that the CLTC maintain its jurisdiction of the submerged lands in Alupang Bay, and that the previously proposed license of a corridor for submerged cables be raised to a rate of no less than $100,000 per cable per year, up to 6 cables. This is in stark contrast to the $5,000 per year currently received for the Piti submerged land lease including 4 cables, and the $15,000 originally proposed by GTA to CLTC for the lease of submerged land in Alupang Bay.

Guam is in a valuable position, serving as a U.S. law-based fiber optic cable hub for cables running from the U.S. to Asia and throughout the Pacific. “Though global data is extremely hard to find, I looked to the testimony provided at the hearing and researched California and Australia, and other places where I could access the rates global companies were being charged to hook into existing infrastructure or run submerged cables.  I think the rate of $100,000 per cable represents a much fairer amount for the people of Guam.   I want this to be a minimum baseline for similar leases going forward while Guam works to benefit even more from its position as a telecommunications hub, through the planning and development of data center and island wide telecommunication infrastructure and ensuring affordable, efficient power to support the industry,” stated Speaker Terlaje.

For example, in Sunshine Coast, Queensland, Australia, the city invested millions to lay conduit and landing station to accommodate cable connections to global network providers and to ensure a 10Gb-a-second fibre optic network throughout the city for high speed, high performance data network to commercial strips and residents.

Speaker Terlaje’s Committee on Land today substituted and reported out a substitute version of Bill No. 36-36, which was originally introduced by Senator Joe San Agustin. Substitute Bill No. 36-36 (COR) is an Act to authorize a commercial submerged land license agreement between the government of Guam, specifically, the Chamorro Land Trust Commission, and Teleguam Holdings LLC, doing business as GTA, for the purpose of landing submarine cables at Alupang, Tamuning, Guam.” In addition to the significantly higher fees being mandated, the substitute version of the Bill would direct proceeds exclusively to the CLTC Surveying and Infrastructure Fund, and would ensure that environmental risks are avoided or mitigated through full environmental, seashore, and other permitting processes.

Speaker Terlaje stated, “I tried hard to ensure that this lease would be used to expand CLTC’s residential lease program to take care of the 8,000 who applied since 1995, and that it would not harm any coral, fish or marine mammal species or interfere with recreational activity as this is an active fishing ground and recreational area. The substitute bill requires strict permitting review and other environmental approvals.”

Speaker Terlaje Continues to Call For Productive Discourse

FOR IMMEDIATE RELEASE (July 5, 2021 – Hagåtña, Guam) In response to statements made by Physicians in a meeting held today, Speaker Therese Terlaje has issued the following statement.

“We need to stick to facts, not fear. Physicians have a big voice and great influence in our community and It is truly disheartening that some of the discussion on this bill has crossed a line into threats against patients, name calling and outright misinformation.

The people of Guam deserve the facts and a safe space to have meaningful dialogue about their healthcare and their rights as patients.  I want to share the facts about the bill and to encourage everyone to watch or attend the upcoming public hearings to decide how the proposal might impact their lives or how they can contribute to the discussion productively.  I continue to welcome the doctors and patients to attend the hearings or to meet with me. 

There are several doctors who are very vocal who have canceled meetings or told me they would be in Hawaii and could not meet, while some never requested to meet with me and are demanding I “finally” meet with them.  My door remains open and I will continue to discuss this with doctors and patients.

I am trying to ensure that all in our community can participate, ask questions, and be heard.”

Bill 112-36 is intended to address those harmed by medical negligence who cannot afford approximately $40-50K for mandatory arbitration while ensuring confidential screening and protection of doctors against frivolous claims. The bill proposes to allow arbitration at reduced costs as agreed to by the parties and to enact a case screening system through a magistrate judge for those who do not agree to costly arbitration. Under the current law, costs of mandatory arbitration have deterred the filing of claims by those who cannot afford the upfront expenses, in addition to only having one year to raise the funds and file a claim.

Public Hearings on Wednesday, July 7th and Monday, July 12th at 5:00 p.m. -8:30 p.m.

Medical professionals and the public are invited to submit testimony on the bill on July 7th or July 12th at the Guam Congress Building or via Zoom. Those interested in presenting written or verbal testimony should contact the Office of Speaker Therese Terlaje at (671) 472-3586 or senatorterlajeguam@gmail.com by July 6, 2021.

All hearings will be broadcast on GTA TV Channel 21, Docomo Channel 117/112.4, and via Guam Legislature Media on Youtube. Recordings of the hearings will be available on the Guam Legislature Media YouTube Channel after the hearings.

All documents submitted relative to Bill 112-36 will be available at senatorterlaje.com. Reports on three hearings held during the 35th Guam Legislature on MMMAA can be found at https://guamlegislature.com/35th_comm_report.htm.

The bipartisan Bill 112 was sponsored by Therese M. Terlaje, Telo T. Taitague, Joanne Brown, Joe S. San Agustin, V. Anthony Ada, Telena C. Nelson, Christopher M. Duenas, Clynton E. Ridgell, Amanda L. Shelton, Jose Pedo Terlaje, and Sabina F. Perez.

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For more information, please contact Speaker Therese M. Terlaje’s office at (671) 472-3586 or via e-mail at senatorterlajeguam@gmail.com

Bill 112-36 Relative to Medical Malpractice on Guam Notice of Public Hearing

Wednesday July 7, 2021

June 29, 2021

MEMORANDUM

To:       All Senators, Stakeholders and Media

Fr:         Speaker Therese M. Terlaje, Chairperson

SUBJECT: CORRECTED FIRST NOTICE OF PUBLIC HEARING, Wednesday, July 7, 2021, at 5:00 PM

Håfa Adai! The Legislature’s Committee on Health will be conducting a public hearing on WEDNESDAY,  JULY 7, 2021, AT 5:00 PM utilizing the Guam Legislature’s hybrid meeting format for combined in person attendance in the Legislature’s public hearing room, and virtual attendance on the Legislature’s Zoom hearing platform, for the following:

•       BILL NO. 112-36 (COR) – Therese M. Terlaje, Telo T. Taitague, Joanne Brown, Joe S. San Agustin, V. Anthony Ada, Telena C. Nelson, Christopher M. Duenas, Clynton E. Ridgell, Amanda L. Shelton, Jose Pedo Terlaje, and Sabina F. Perez- “AN ACT TO ADD A NEW CHAPTER 10 TO DIVISION 1, TITLE 10, GUAM CODE ANNOTATED; TO ADD A NEW § 42A101(i)(20) TO CHAPTER 42A OF DIVISION 3, TITLE 7, GUAM CODE ANNOTATED; TO AMEND § 42A101(j) OF CHAPTER 42A, DIVISION 3, TITLE 7, GUAM CODE ANNOTATED; AND, TO REPEAL CHAPTER 10 OF DIVISION 1, TITLE 10, GUAM CODE ANNOTATED; ALL RELATIVE TO MEDICAL MALPRACTICE IN THE TERRITORY OF GUAM.” All documents submitted relative to Bill 112-36 are available at http://senatorterlaje.com/mandatory-medical-arbitration/

UPCOMING HEARING ON BILL 112-36 (COR)-

·       MONDAY, JULY 12TH AT 5:00 PM: Medical professionals and the public are invited to submit testimony at the Guam Congress Building or via Zoom. 

Medical professionals, patients, and the public are invited to submit testimony at the Guam Congress Building, via Zoom, or via email. Please contact (671) 472-3586 or senatorterlajeguam@gmail.com  by July 6, 2021, to receive the Zoom link, if you wish to provide virtual testimony. Written testimony can also be submitted via email or delivered to the Office of Speaker Therese Terlaje at the Guam Congress Building; 163 Chalan Santo Papa, Hagåtña, Guam. 

All hearings will be broadcast on GTA TV Channel 21, Docomo Channel 117/112.4, and via Guam Legislature Media on YouTube. In compliance with the      Americans with Disabilities Act, Individuals in need of assistance or accommodations should also contact the Office of Speaker Therese M. Terlaje.

Public Notice for June 25th Session

I Liheslaturan Guåhan will go into Session on Friday, June 25, 2021 at 10:00 a.m. in the Speaker Antonio R. Unpingco Legislative Session Hall in the Guam Congress Building. 

In addition to its regular agenda, the Legislature will resolve into the Committee of the Whole in order to receive the Congressional address on June 28th at 10:00 a.m.

The session will be broadcast on local television, GTA Channel 21, Docomo Channel 117 or 112-4 for those without set top boxes and streamed online via I Liheslaturan Guåhan’s live feed at http://www.guamlegislature.com/live_feed.htm. A recording of the session will be available online via Guam Legislature Media on YouTube after the session.  Please email senatorterlajeguam@gmail.com or call 472-3586, if you require any special accommodations or further information.

Due to the current public health emergency, all persons attending Session will be required to wear masks and to observe social distancing protocols.

Si Yu′os ma′åse′.

Response to The Vigilance Committee’s Notice of Violation

*Below is the response provided to The Vigilance Committee regarding the Notice of Violation of the Open Government law from Speaker Therese Terlaje. All related documents are available for download below including the Notice of Violation, Speaker Therese Terlaje’s response, and Request for AG opinion.

May 18, 2021

Transmitted via Electronic Mail:

Lee P. Webber

President

The Vigilance Committee

414 West Soledad Avenue

Hagåtña, Guam 96910

stayvigilantgu@gmail.com

SUBJECT: Open Government Law – Meetings

Håfa Adai Mr. Webber,

Thank you for your letter dated May 18, 2021 relative to the Open Government Law.  I share your staunch advocacy for compliance with the Open Government Law and have thus made a formal request to the Attorney General to give his official opinion as to whether a violation occurred so that the Governor and Legislature can move forward accordingly.  

I would also like to take this opportunity to personally extend an invitation to you and all your committee members to participate in a series of hearings being scheduled by the Legislative Branch on the priorities for the spending of the $553 M in American Rescue Plan (ARP) funds. A formal notice will be sent to you following the May legislative session, in accordance with the Open Government Law. It is our goal to prevent a repeat of the CARES Act expenditures, where the input of the Legislature and the people of Guam were largely ignored, resulting in doubt from the people of Guam as to the necessity, prudence, legality, and lack of accounting of some of the expenditures.

Guam has an unprecedented opportunity to use the ARP funds to recover, address long standing issues, and thrive. I look forward to full collaboration of all parties.

Si Yu’os Ma’åse’,

Therese M. Terlaje

Guam Legislature: Prioritize Funds for direct assistance to the people, critical infrastructure, and workforce development

FOR IMMEDIATE RELEASE (May 7, 2021 – Hagåtña, Guam) Today, the 36th Guam Legislature sent a letter signed by all 15 senators to the Governor with a collective list of priorities for the anticipated $664 M from the American Rescue Plan Act of 2021 (ARP). The priorities listed for the ARP funds focus on (1) direct assistance to individuals and families most impacted by the pandemic, (2) expanding healthcare services, (3) investment in infrastructure and technology that will spur economic growth, affordable housing and development, (4) workforce training and diversification, and student aid to build the skills of our workers especially in areas that are critical for economic recovery and healthcare, and (5) upgrades and streamlining of government services.

This priority list does not increase government positions or wages, is separate from the FY 2022 budget, and does not include a proposed allocation of separate federal funds, including $278M for GDOE from the ARP.

“We are presenting the Governor an opportunity to unite with the entire Legislature on general priorities so that going forward, we will put all of our energy into implementation instead of confrontation,”stated Speaker Therese Terlaje. 

Speaker Terlaje and Minority Leader Duenas concurred in a joint statement, “The American Rescue Plan funds have the potential to truly change people’s lives through direct assistance during this recovery period, upgrades to our health care system, and providing infrastructure to areas that have been without roads, water and sewers for decades.  My colleagues and I look forward to discussing our priorities with the administration in good faith and with the hope that we can work together to ensure the funds are best utilized to address the island’s immediate needs as well as its long-standing issues.”

Some highlights from the Legislature’s ARP priority listing are:

DIRECT ASSISTANCE TO THE INDIVIDUALS AND FAMILIES – TOTAL: $68,000,000

Implementation of Public Law 35-136 – the Recovery Income Support and Empowerment (RISE) Program: $30,000,000 – To provide direct payments to eligible Guam residents impacted by the public health emergency through the implementation of the RISE Act. Eligible individuals will receive a one-time payment of $800 and joint filers will receive $1600 as described in P.L. 35-136.

Small Business Pandemic Assistance Program and Guam Economic Development Authority (GEDA) programs: $35,000,000 – Funding for the Small Business Pandemic Assistance Program to provide direct assistance to businesses negatively impacted by the pandemic; and to develop additional programs or opportunities for the creation of new small businesses and to encourage economic growth.

EXPANDING HEALTHCARE SERVICES – TOTAL: $233,156,322

Guam Memorial Hospital (GMH): $22,000,000 for existing hospital; $200,000,000 for new hospital – To address urgent infrastructure repairs to the existing public hospital to ensure safety in patient care and compliance with CMS mandates.  Advance funding for the new public hospital.

INFRASTRUCTURE AND TECHNOLOGY UPGRADES – TOTAL: $341,124,678

Guam Waterworks Authority (GWA): $52,000,000 – Funding to avert immediate rate increases for ratepayers and to repair existing pipelines, connect sewer lines to outlying areas and tracts of land which are not currently on-grid, and for the expansion of the septic tank elimination program to protect the Northern Aquifer Lens from potential leaching and contamination.

Department of Public Works (DPW): $30,000,000 – To primarily repair Guam’s roads, advance the Village Streets Master Plan and fund related projects, equipment, supplies and materials; and to fund delayed highway and infrastructure projects to promote commerce and transportation throughout Guam.

Guam Customs and Quarantine Agency (GCQA): $25,000,000 – To assist GCQA in light of the financial shortfall in the GCQA fund and contractual services, to include various service and communications contracts, maintenance of systems, Drug Dog Detector Unit related expenses, scanners and fuel experienced due to the Covid-19 pandemic. Additionally, the funding will aid the Agency in becoming an established and reliable source of revenue for the People of Guam, and the reinforcement of drug interdiction and invasive species efforts in partnership with the Port Authority of Guam. 

Department of Land Management (DLM): $15,000,000 – To improve the public’s access to land information and to assist the public in swiftly obtaining and securing land titles and land registration information through more government land surveys and a modernized Title Search Web Service System at the Department of Land Management. The upgrades to the data systems at DLM will support the timely review and actions necessary for homeowners, developers, businesses, and regulatory agencies to promote meaningful and sustainable development for the community.

Chamorro Land Trust Commission (CLTC): $25,000,000 – To bring in long awaited water and sewer infrastructure to CLTC properties to support the building of affordable homes for families and allow agricultural and economic diversification.  This infusion of infrastructure to large tracts will encourage the development of affordable and permanent housing and assist with the establishment of additional business activity in parts of Guam currently underutilized.

WORKFORCE TRAINING/DIVERSIFICATION AND DIRECT STUDENT AID – TOTAL: $18,500,000

Department of Labor (DOL): $3,000,000 – To provide services to the unemployed as well as mitigate unemployment fraud; and for the planning and development of a local unemployment program, a study of the workers’ compensation program, and the expansion of GDOL services available for displaced workers to search for employment. GDOL will play a main role in rebuilding the economy and making sure there is a robust labor force with a diversified skill set.

Guam Community College (GCC): $7,000,000– For the advancement of GCC’S Apprenticeship Program to develop and train Guam’s workforce to meet industry needs, especially in areas that are critical for economic recovery and healthcare.

University of Guam (UOG): $7,000,000 – For direct financial aid to students in need through the Student Financial Assistance Program and to increase scholarships for the nursing program, social work program, other health related programs, teaching programs, and Protech scholarships for medical school.

For a copy of the 36th Guam Legislature’s letter to the Governor regarding the priorities of the American Rescue Plan, please see below:

Speaker Therese Terlaje’s Extension of Remarks From April Session 2021

FOR IMMEDIATE RELEASE (April 30, 2021 – Hagåtña, Guam) – Please see Speaker Therese Terlaje’s extension of remarks from today’s session below. Also attached are letters sent to the Governor regarding the American Rescue Plan Act funds.

“Again, I want to thank all of my colleagues for all of their collaboration during this session. We knew we would have an abbreviated session this week due to very special events that were equally important, and I think we were able to accomplish a lot in the time that we were able to meet in session.

I believe that discussion and listening to each other is our best avenue forward, and that in hearing each other in this session hall, we also hear the people of Guam. And we will stay connected to the people of Guam through listening to each other in session debates, through our interactions at special events and even through all of our other interactions. And I hope that we will remember that most of our battles are long on Guam and that we came into this Legislature to make change, including changing hearts and minds so that people in our community can see the common ground in front of us and be united going forward.

I want to inform the public that this afternoon the Minority Leader and I sent a follow-up letter to the Governor’s request for the Legislature’s priority list for the American Rescue Plan funds. Earlier this week, we sent an initial letter requesting more information regarding what portion of the federal funds had been promised or committed to particular projects or agencies, so that we have a clearer picture of how much is available for prioritization. We have not received a response, but the Legislature is looking forward to meeting with the Governor regarding these funds, and we will be sending a listing of priorities by early next week. We want to reiterate that all of us in this Legislature are willing to meet to discuss, at the Governor’s convenience, the priorities for the people of Guam.

As we move forward, we must get as much information as possible and be able to adjust what we learn locally and federally. For example, just this morning, the U.S. Senate passed legislation regarding water utilities and infrastructure, a very important component, I think for Guam to move forward. All of these different sources of federal funds and the potential needs and current needs of the people of Guam must be examined and reconciled.

As we approach deliberations on our FY 22 budget. We want to ensure that our local funds and federal funds will be used in a fair and equitable way so that they reach all of the people of Guam, especially those in the most need. We must truly deliberate with all of the information in front of us through a good faith effort to devise a plan that will provide immediate relief and also long-term solutions that we’ve waited for so long for everyone in our community. And I thank my colleagues sincerely for their efforts in this regard.

I also want to take just a moment to thank all of the staff here at the Guam Legislature, especially the protocol office and the clerk’s office and the legal office for all of their extra efforts this week and last week, and assisting in hosting the two very special events. We thank you for your time and effort and for assisting us to be successful in our efforts. Si Yu’os Ma’ase.”

Speaker Therese Terlaje’s Extension of Remarks April Session 2021

Opening Remarks for Resolution No. 63-36 (COR)

Resolution No. 63-36 (COR)Relative to respectfully requesting the United States Congress to support Community Project Funding for the construction of an expanded Guam Fishermen’s Co-op Facility and the correlating expansion of Guam’s community fishing industry. Sponsored by: Therese M. Terlaje / Christopher M. Dueñas / Telena Cruz Nelson / Tina Rose Muña Barnes / Amanda L. Shelton / Sabina Flores Perez / Frank Blas Jr. / Clynton E. Ridgell / Joe S. San Agustin / Jose “Pedo” Terlaje / V. Anthony Ada / Joanne Brown / James C. Moylan / Telo T. Taitague / Mary Camacho Torres