Resolution No. 55-36 (COR) – Relative to reaffirming our human right to safe drinking and clean water in observance of World Water Day 2021, and recognizing the importance of protecting our Northern Guam Lens Aquifer and precious water resource in ensuring the health of our people. Sponsored by: Sabina Flores Perez / Therese M. Terlaje / Telena Cruz Nelson / Clynton E. Ridgell / Jose “Pedo” Terlaje / Tina Rose Muña Barnes / Telo T. Taitague
~ This is a call for us to get together. It’s a call to be conscious. And it’s a call to act. We should not allow any more time to go by without making it very clear that we are here to protect our people, we are here to protect their drinking water.
FOR IMMEDIATE RELEASE (April 30, 2021 – Hagåtña, Guam) – With a unanimous vote, Speaker Therese Terlaje, the Legislature Chair of the Committee on Health, Land, Justice and Culture passed a measure authorizing the lease of property to the Guam Football Association (GFA) as a part of plans to build a world-class soccer facility near Ordot-Chalan Pago Elementary School.
The subject property of Bill No. 51-36 (COR) is currently under jurisdiction of the Guam Waterworks Authority but is in the process of being reverted back to the Department of Education and is adjacent to property owned by GFA, which is the proposed site of two soccer fields to be funded by the Federation Internationale de Football Association (FIFA).
Speaker Terlaje stated, “I think we can all recognize the strides that the Guam Football Association has made in growing the sport of soccer on Guam for both our youth and adults. In some cases, our youth have gone out to excel in the sport after training for years under the GFA umbrella.”
In addition to regular daytime use of the facility by the students at the Ordot-Elementary School, at the Speaker’s urging in order to get the best value for schoolchildren, GFA has agreed to allow usage of the facility for interscholastic sports which will be negotiated and coordinated by the Guam Department of Education.
“When a public-private partnership is successful, the commitment benefits our entire community. The growth of the sport of soccer on Guam is due in no small part to the efforts and big investments in time and money from both the GFA and FIFA in partnership with the government of Guam,” said Speaker Terlaje.
Bill 51-36 – AN ACT RELATIVE TO THE AUTHORIZATION FOR THE USE OF REAL PROPERTY WITHIN THE ADMINISTRATIVE JURISDICTION OF THE GUAM WATERWORKS AUTHORITY FOR THE CONSTRUCTION AND MAINTENANCE OF SOCCER FIELDS AND RELATED FACILITIES was co-sponsored by Senators Telena Nelson, Sabina Perez, Chris Duenas, Frank Blas and Vice-Speaker Tina Muna Barnes.
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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.
FOR IMMEDIATE RELEASE (April 30, 2021 – Hagåtña, Guam) – Below is a statement from Speaker Therese Terlaje on the unanimous passage of Resolution 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.
“I want to thank my colleagues on both sides of the aisle for uniting as a sole voice to pass this resolution. This type of collaboration raises the standard of expectation of the people we serve when we work together for a common goal. I look forward to transmitting this to Congressman San Nicolas and will continue to offer support for this effort in any way I can.
I am hopeful that our collaborative efforts will bring the needed resources for this critical expansion that has been and will continue to be an important central place for commerce and culture on our island.”
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Please see attached Resolution 63-36 (COR) and a previous release on the resolution for your ready reference.
For more information, please contact Speaker Therese M. Terlaje’s office at (671) 472-3586 or via e-mail at senatorterlajeguam@gmail.com.
FOR IMMEDIATE RELEASE (April 23, 2021 – Hagåtña, Guam) On April 22, 2021, an amicus brief was filed on behalf of Speaker Therese Terlaje in the United States Court of Appeals for the Federal Circuit in support of the Military-Veterans Advocacy, Inc., who filed an appeal on July 28, 2020 after their petition for rulemaking was denied by the U.S. Department of Veterans Affairs (VA) on May 12, 2020.
The appeal calls for the Court to require the U.S. Department of Veterans Affairs (VA) to recognize, through rulemaking, a presumption of exposure to Agent Orange for Guam and Johnston Island veterans in the Agent Orange Act of 1991. This Act established a factual presumption of herbicide exposure for veterans’ claims arising from the use of toxic herbicides in Vietnam. Without the VA’s recognition of the presumption on Guam, veterans who suffer conditions such as certain types of cancer, Type II Diabetes, Parkinson’s Disease, among others, routinely lose their benefits claims as a result of the government’s poor record-keeping and the inability for individuals to show conclusive and individual proof of exposure to toxic herbicides.
The United States deployed roughly 20 million gallons of herbicides between 1962-1971 to include 11 million gallons of Agent Orange. The appeal outlines testimonies from veterans stationed on Guam who recall the use of the herbicide, stating they experienced the smells and skin blistering that are often telltale signs of exposure. Veterans also recalled “preparing, mixing, and spraying Agent Orange along pipelines, flightlines, building perimeter, and security fences on the island.
Speaker Therese Terlaje stated, “Our veterans and community members have spent a lifetime seeking justice for their exposure to Agent Orange while on Guam and I am humbled to join them in this fight and all those who have petitioned the VA, Congress and the courts. I hope these efforts will help them receive the benefits they deserve.”
Speaker Therese Terlaje has spent many years advocating for veterans on Guam, passing three resolutions as one of her first major actions in her first term as senator. These resolutions address the environmental and health impacts of Agent Orange, radiation exposure and nuclear testing clean-up on veterans and the people of Guam. In her second term, Senator Terlaje also introduced Resolution 71-35 supporting H.R. 1713 the “Lonnie Kilpatrick Central Pacific Herbicide Relief Act.”
The Department of Defense continues to deny the existence of Agent Orange on Guam, despite signed affidavits from veterans and overwhelming testimony from veterans and residents. Speaker Terlaje has continually urged for more environmental testing to include locations cited via first-hand accounts from veterans in order to overcome DOD denial, to promote clean up, and to ensure health benefits for those exposed.
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Attached is the Opening Brief, Notable Excerpts from the Opening Brief, and Amicus Brief for Case No. 20-2086, which can also be found at www.senatorterlaje.com.
For more information, please contact Speaker Therese M. Terlaje’s office at (671) 472-3586 or via e-mail at senatorterlajeguam@gmail.com.
FOR IMMEDIATE RELEASE (April 7, 2021 – Hagåtña, Guam) – On Tuesday, April 6, 2021, the Guam Legislature filed a response brief in the Declaratory Judgment case brought by the Governor originally alleging that challenges to her quarantine orders were unconstitutional and that Guam’s Public Health Emergency laws are inorganic.
The Legislature’s Brief asserts that the Governor’s powers are subject to the laws of Guam, even in her supervision of healthcare and quarantine. The specific quarantine and isolation procedures being challenged (10 GCA Sections 19604 and 19605) give due process and an opportunity for a court hearing to those in quarantine and were set in statute years ago as necessary protections against arbitrary confinement and abuse of power.
The Legislature also notes that the 26th Guam Legislature deemed the provisions reasonable, when the law was enacted in 2003, with the primary goal of controlling serious health threats and balancing that with individual civil liberties and ensuring access to due process. Then Senator Lou Leon Guerrero rose to support the passage of the bill and stated, “ [the Bill] I think protects the individuals who are isolated or quarantine[d] and [] feel that their rights have been violated, because sometimes in emergency situations panic can occur and you maybe . . . come into situations where you may just be isolating and quarantining people maybe unnecessarily[.] [S]o it does have provisions in here that protect the rights of those individuals.”
In conclusion, the Legislature asserts that the Islan Guåhan Emergency Health Powers Act is critical policy, consistent with the Organic Act of Guam and requests that the Court reinforce the Legislature’s power granted by the Organic Act to enact law necessary to protect the health, safety, and general well-being of the people of Guam.
The 36th Guam Legislature is represented by Legislative Counsel, Ana Won-Pat Borja, Esq.
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Attached is a copy of the Brief of Interested Party which can also be found at www.senatorterlaje.com.
For more information, please contact Speaker Therese M. Terlaje’s office at (671) 472-3586 or via e-mail at senatorterlajeguam@gmail.com.
Subject: NOTICE of Hybrid Public Hearing – Thursday, April 8, 2021 beginning at 3:00 PM
Håfa Adai,
Please be advised that the Committee on Health, Land, Justice and Culture will convene a public hearing on Thursday, April 8, 2021 beginning at 3:00 PM. utilizing a hybrid meeting format for combined face to face and virtual attendance. The hearing will be held in the Public Hearing Room at the Guam Congress Building, as well as utilizing the Guam Legislature’s virtual meeting platform, for the following agenda items:
§ Oversight Hearing on the Guam Ancestral Lands Commission, to receive updates on:
A.Identification of ancestral landowners of federal excess properties returned, designated for return, or requested to be returned to Guam pursuant to:
ALL DOCUMENTS FOR THIS OVERSIGHT HEARING CAN BE ACCESSED AT THE HYPERLINKS ABOVE OR THROUGH ATTACHMENTS BELOW.
Ancestral Landowners are invited to provide live testimony. Please contact the Office of Speaker Therese M. Terlaje at 472-3586 or email senatorterlajeguam@gmail.com. Please indicate if you will be attending the hearing physically or virtually. Registration deadline is 5:00PM on Wednesday, April 7, 2021.
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.
The hearing will broadcast on local television, GTA Channel 21, Docomo Channel 117/60.4 or Channel 112-4 for Docomo customers without set top boxes. The hearing will also stream online via I Liheslaturan Guåhan’s live feed at http://www.guamlegislature.com/live_feed.htm.
FOR IMMEDIATE RELEASE (February 24, 2021 – Hagåtña, Guam) – Bill No. 42-36 (COR), The GMHA Nurse Recruitment and Retention Act of 2021, authored by Health Oversight Chair, Speaker Therese Terlaje and co-sponsored by Senator Joe San Agustin, had its public hearing today under the Committee on Appropriations. The measure proposes to address perennial nursing shortages at Guam Memorial Hospital Authority (GMHA) which have impacted the hospital’s ability to maximize bed capacity in its ICU, Emergency, and Clinical Areas.
Recently, the GMHA Board of Trustees explored increasing the 16% differential pay for nurses to 22% in order to achieve parity at Guam Memorial Hospital with competing nursing salaries on and off island. However, additional funding was needed to implement this recruitment and retention strategy. The Chairperson of the Board estimated that approximately $827,000 is needed annually to increase the 16% differential pay for RN and LPNs to 22%. Unlike other nurse pay bills, Bill 42-36 fully funds this increase.
The measure proposes to redirect a portion of the GRMC Annual Community Contribution mandated by the terms of their Qualifying Certificate (QC) for the sole purpose of increasing the nursing differential pay at GMH. The terms of the QC state that community contributions may benefit healthcare with a priority to GMH and DPHSS.
GEDA would also retain $200,000 annually from the GRMC community contribution, which could still be disbursed to various non-profits on-island through the Qualifying Certificate Community Contribution Grant Program. The discretion of these funds would fall under the purview of GEDA.
“With the general fund tracking $100 Million below projections for this fiscal year and the 2022 Executive Budget Request proposing zero dollars ($0) from the General Fund for GMH, it is imperative that a tangible and stable source of funds is identified for Nurse Pay, to shore up gaps in patient care while long-term solutions to expand recruitment and retention are planned and executed,” said Speaker Terlaje.
It was also clear during discussions on the Nurse Licensure Compact that improving pay and the work environment for nurses needed to be addressed concurrently with the implementation of the Compact to stave off potential out-migration of nurses. While this bill does not raise wages for all nurses on island, it does prioritize GMH and ensures there is a viable funding source to pay for this long overdue increase. It gives GMH more tools and is a step in the right direction towards recruitment and retention of nurses which is sorely needed to find real solutions to our nursing shortage.
“Bill 42-36 provides a 15-year funding bridge for the government of Guam and GMH to build a more sustainable model for patient care which starts with keeping local nurses on Guam,” stated Speaker Terlaje.
FOR IMMEDIATE RELEASE (February 21, 2021 – Hagåtña, Guam) – Bill No. 42-36, introduced last month by Speaker Therese Terlaje and co-sponsored by Senator Joe San Agustin, will be heard publicly on February 24, 2021 at 2pm at the Guam Congress Building by the Committee on Appropriations.
Guam Memorial Hospital Authority (GMHA) has faced perennial nursing shortages for decades which have impacted the hospital’s ability to maximize bed capacity in its ICU, Emergency, and Clinical Areas. Each year GMHA loses nurses due to transfer to off-island and on-island public or private entities or retirement, and is forced to recruit at higher costs from off-island. In 2019, the GMHA Board of Trustees implemented a 16% differential pay for all nurses and specialty pay as part of an overall nurse recruitment and retention strategy. Unlike other nurse pay bills, this Bill 42-36 fully funds an increase in GMH nurse differential pay to 22% in order for GMH to better compete with nursing salaries on and off island .
Bill No. 42-36 (COR) would redirect to GMHA a portion of the GRMC Annual Community Contribution mandated by the GRMC Qualifying Certificate (QC) for the sole purpose of increasing the nursing differential pay at Guam Memorial Hospital Authority to adequately recruit and retain nursing staff at Guam’s only public hospital. The Annual Community Contribution was recommended in §3.12.02 of QC No. 252 to be allocated to health care (priority to Guam Memorial Hospital and Department of Public Health and Social Services), Medicaid matching, MIP payments; public safety; economic development with a priority on the promotion of the medical industry and small business; higher education, and cultural preservation.
“We can immediately improve patient care at GMH by retaining enough nurses for all of the available beds in the ER, ICU and critical care units. An immediate, fully-funded increase in nurse pay for our local nurses at GMH is an ideal retention tool and ideal healthcare use of over $1.2 M from QC contributions for the next 15 years while we build a new hospital, ” stated Speaker Terlaje.
ADELUP: The governor’s complex at Adelup is shown on Feb. 9. Senators are close to voting on whether to rein in the governor’s powers in a public health emergency. Haidee Eugenio Gilbert/The Guam Daily PostHaidee Eugenio Gilbert
Lawmakers continued to debate Bill 11-36 Wednesday, ultimately moving the legislation into the third reading file for later voting, but not without a few amendments.
Bill 11 proposes to remove the governor’s power to extend public health emergency declarations and place that authority into the hands of the Legislature.
Guam has operated under an emergency declaration since March 2020, but concerns have mounted with the extended declaration, particularly as some businesses find themselves restricted more than others.
Lawmakers could vote to end the declaration at any time under current law, but that needs majority support and there has so far been no such resolution on the table.
Meanwhile, lawmakers have advocated for additional information from the executive branch on its decision-making during the pandemic, which Bill 11 would allow by requiring the governor to seek the Legislature’s approval for renewals.
An initial emergency declaration lasts 30 days before expiring unless renewed by the governor, or the Legislature – if Bill 11 becomes law.
Lawmakers extended that initial deadline to 90 days through an amendment from Sen. Telena Nelson on Wednesday, which she proffered in order to grant the government time to develop a “battle rhythm” in terms of combating public health threats.
However, the adopted amendment maintains the 30-day limit for any renewals granted by the Legislature.
Speaker Therese Terlaje proposed to maintain renewals at 30 days, and while she generally supported the intent of the bill, she also asked that the findings be deleted from the measure.
Terlaje said she disagreed with the finding that the governor has acted “in an arbitrary and capricious fashion” while using her authority during the COVID-19 pandemic.
“I believe she’s acted in very good faith and tried to protect the people of Guam, but I still believe that all of policymaking and policy rearranging and exemptions from policy would benefit from consultation with the Legislature,” Terlaje said.
Even if the bill passes, the governor has been against the measure, stating that it violates the separation of powers doctrine and could undermine responses to an emergency.
Several agencies related to public health and emergency response submitted joint testimony to the Legislature on Tuesday, asking that lawmakers reject Bill 11.
“Perhaps most importantly, our ability to respond to COVID-19 is contingent on continued funding of our response effort,” the joint testimony stated. “All of our agencies, particularly (the Department of Public Health and Social Services), found their budgets drastically cut in the last session.”
The agencies continue to operate with assistance from the federal government, through the Coronavirus Aid, Relief and Economic Security Act as well as reimbursements from the Federal Emergency Management Agency, according to the joint testimony.
Krystal Paco-San Agustin, the governor’s spokeswoman, said federal aid packages are being provided “because every state and territory is in a public health emergency.”
“Every state and territory has responded differently and the effects on each community (are) different. On Guam, we have done our best to respond to the pandemic, keeping in mind that our highest priority is the health and safety of our people,” Paco-San Agustin said. “Even the CNMI who has not had any community spread of COVID-19 for months is still in a state of emergency. Until we reach herd immunity nationally and internationally a true public health emergency will exist.”
The agencies that wrote to the Legislature stated that if Guam were to end the public health emergency, then it will be essential to identify local resources to support community needs.
That may prove difficult as budget cuts were adopted due to reduced revenue expectations and even then, fiscal year 2021 is tracking to end with a shortfall.
The local government may receive another $661 million in federal aid through the third round of federal COVID-19 aid.
Terlaje stated that “from all indications” the receipt of this potential funding is “not contingent on the declaration of a health emergency according to Chapter 19” of Guam law, nor would Bill 11 affect the receipt of those funds, she added.
“What might be affected by this bill is how we move forward in recovery, and how we allocate the $661 million. And it might affect who on Guam will be taken care of and who won’t be. I think it’s a very legitimate question for the Legislature to be involved in because it is the Legislature who’s going to have to allocate remaining government of Guam funds as necessary to those not covered by federal funds.”
FOR IMMEDIATE RELEASE (February 15, 2021 – Hagåtña, Guam) – With the support of her colleagues, Speaker Therese Terlaje successfully moved Bill 39-36 (COR) to the voting file during the first regular session of the 36th Guam Legislature. The measure seeks to strengthen enforcement of terms imposed by the Guam Land Use Commission (GLUC) for conditional use permits, variances and zone changes. Often the GLUC imposes conditions or covenants to address concerns about projects that were brought up at municipal public hearings or through the regulatory agency review process.
Because these conditions are difficult to enforce after a project is completed, the measure would amend the law to increase the Department of Land Management’s (DLM) role in ensuring compliance at three additional stages: during the building permit phase, at the certificate of occupancy phase, and at the approval of business licenses.
There are many examples of projects that despite media and community outcry have not followed through on the conditions placed on them by the GLUC. Additionally, DLM testified that they do not have a ready list of projects that aren’t in compliance with these conditions and the authority to enforce zoning resides with the Building Official at the Department of Public Works.
“I found it difficult to even track down the conditions of several projects, let alone monitor if those conditions have been met years later. This bill could close these potential gaps in the ability to ensure projects are compliant by creating opportunities at multiple layers to catch any violations and work with project managers to rectify these issues before it’s too late,” said Speaker Terlaje.
In addition, the Bureau of Statistics and Plans Coastal Management Program also testified at the public hearing that there is no clear mechanism to enforce compliance for stormwater management and environmentally based requirements other than directly through the Territorial Seashore Protection Commission, which is the Guam Land Use Commission, and asked that TSPC enforcement be strengthened as well.
Speaker Terlaje stated, “This bill seeks to remedy the enforcement of terms and conditions of conditional use permits, variances and zone changes by actively including the Department of Land Management to be another check as to whether those conditions or terms are being applied in the project to protect our communities, residents and businesses in our villages and to keep them safe.”
Bill 39-36 proposes to give more authority to the Department of Land Management to enforce terms and conditions imposed by the GLUC even if the property is transferred. The Oversight Chair of the Committee on Health, Land, Justice and Culture added co-sponsors on the bill during session including Senators Chris Duenas, Joanne Brown, Telo Taitague and Sabina Perez.
