Speaker Terlaje’s Urges Gas Bill to Move Forward

FOR IMMEDIATE RELEASE (April 25, 2022 – Hagåtña, Guam) – Speaker Therese Terlaje is enlisting community support to urge Bill No. 261-36 (COR) be reported out of the Committee of Appropriations for action by the Legislature.  Bill No. 261-36 would bring a savings of 23 cents per gallon to all individuals and businesses at the gas pumps through the repeal of the Liquid Fuel Tax (LFT).  The proposal had a public hearing on April 7, 2022, where local gas companies lent their support for the measure promising that the reductions “if enacted, would be passed on to the consumers.”

To address any confusion regarding the source of funding for the repeal, Speaker Therese Terlaje requested an amendment be made to the legislative intent of the bill to remove any reference to federal ARP or Infrastructure money for clarification, though they were never identified as a funding source in the bill.  The substitute version of Bill No. 261-36 (COR) proposed to the Committee on Appropriations by Speaker Terlaje also keeps the 8-cent fuel tax for commercial aviation only, which would reduce the overall fiscal impact of the measure to approximately $4 million for the remainder of FY22 and $8 million annually (down from $10.5 million) moving forward. Bill No. 261-36 did not repeal any of the current FY 2022 agency appropriations and the substitute bill added language to reiterate that FY 22 appropriations for agencies receiving funds from the LFT would not be affected by the measure. 

Speaker Terlaje was able to get Bill No. 261-36 onto the April session agenda as a potential item, however, the committee has not reported the measure out, thus, not allowing the bill to move forward onto the April legislative session agenda for action.

With approximately $143.9 million in excess revenues over that last 3 years (between FY 2019 and FY 2021), and the current fiscal year tracking at $68.4 in surplus, the Speaker stated, “It is clear to me that the people of Guam are looking to the Legislature to help resolve some of the short-, medium- and long-term economic issues facing our island and our families due to the rapidly increasing cost of fuel and food.  We need to prioritize our struggling families, most of who were living paycheck to paycheck prior to the pandemic and are no longer able to stretch their money to the next payday.  These families are being hit the hardest and we must respond swiftly and decisively before we prioritize $5 million for capital improvement projects or other items that are not as timely as the needs of our residents. Bill No. 261-36 has the potential to assist all gas consumers on Guam, not just a select few.”

The Speaker is urging the community to contact the Committee on Appropriations and urge that this bill move forward. 

PUBLIC NOTICE FOR APRIL 22ND SESSION

I Liheslaturan Guåhan will be called into Session on Friday, April 22, 2022 at 9:00 a.m. in the Speaker Antonio R. Unpingco Legislative Session Hall in the Guam Congress Building.

In addition to its regular Session agenda, the Legislature will resolve into the Committee of the Whole in order to receive the State of the Judiciary address on April 29th at 10:00 a.m.

The placement of bills, resolutions, and appointments 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 is attached below:

The session will be broadcast on GTA Channel 21, Docomo Channel 117 or 112-4 and 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′.

Fund Road Repairs through General Fund Not on the Backs of Struggling Families

FOR IMMEDIATE RELEASE (April 7, 2022 – Hagåtña, Guam) – Speaker Therese Terlaje’s measures to provide relief to consumers at the gas pump were given a public hearing today.   Bill 260-36 (LS) proposes to repeal Public Law 34-44 which increased the Liquid Fuels Tax Rate by four cents ($0.04) per gallon in 2017.  The second measure, Bill 261-36 (LS) proposes to repeal 11 GCA Chapter 26 Articles 4 & 5, which would eliminate the Liquid Fuels Tax altogether.  Currently, every gallon of gasoline is taxed an additional 15 cents through a local liquid fuel tax and an additional 8 cents in surcharges, totaling 23 cents per gallon for non-diesel fuel.  Bill 261-36 intends to aid working class residents by putting that money back in gas consumers’ pockets. 

Local gas companies lent their support to the measures through written testimony.  IP&E stated that reductions in liquid fuel tax “would have a net effect to reduce costs for Guam consumers.”   South Pacific Petroleum Corporation concurred, noting that reductions, “if enacted, would be passed on to the consumers.”

BBMR originally estimated that eliminating the gas tax would decrease Guam Highway Fund revenue by $9.6 M to $10.5 M. However, at the public hearing, they conceded that the actual impact would be only $5.25 million for the rest of FY 2022.

There was discussion at the hearing that a funding source needed to be identified, however, as has been stated at numerous public hearings, legislative sessions, and through the enactment of other bills, the administration’s policy, according to the fiscal team, is to fund Special Fund shortfalls with the General fund. The Speaker emphasized that the government should prioritize the current $61 M in excess General Fund revenues and future General Fund monies to pay for critical services like road repairs, mass transit, and village services.  Funding these services through the General Fund can help lower gas prices for all consumers and small businesses while still maintaining all of the critical government services currently funded by the Guam Highway Fund.

“I absolutely believe that village road repairs, and other critical services provided by the Mayors, Guam Regional Transit Authority, and DRT are important and should be funded but I don’t think our road repairs should be funded on the backs of our gas consumers.  The appropriations to the Mayors, GRTA, DPW, DOA, GPD, and DRT would not be repealed or impacted by these measures.  These bills prioritize our families who are struggling to pay for gas, rent and utilities by removing the local liquid fuel tax and redirect our General Fund revenues so that village road repairs and other critical government services continue uninterrupted,” stated the Speaker.

In addition to the gas companies, former Executive Manager of GRTA, Cel Babauta, as well as the Guam Chamber of Commerce submitted testimony in support of the bills.  The Speaker is encouraging residents to submit testimony via email or to the Office of Speaker Therese Terlaje at the Guam Congress Bldg; 163 Chalan Santo Papa, Hagåtña, Guam.

Speaker Encourages Participation at Public Hearing to Eliminate Gas Tax

FOR IMMEDIATE RELEASE (April 4, 2022 – Hagåtña, Guam) – A public hearing has been scheduled for two measures introduced by Speaker Therese Terlaje aimed to bring direct relief to residents at the gas pumps.  The hearing for Bills 260-36 (LS) and 261-36 (LS) will be convened on Thursday, April 7, 2022, in person at the Guam Congress Building beginning 1:30 p.m.

Bill 260-36 (LS) proposes to repeal Public Law 34-44 which increased the Liquid Fuels Tax Rate by four cents ($0.04) per gallon in 2017.  The second measure, Bill 261-36 (LS) proposes to repeal 11 GCA Chapter 26 Articles 4 & 5, which would eliminate the Liquid Fuels Tax altogether, currently estimated at least $0.15 for each gallon.

“Our residents are experiencing a dramatic increase to their cost of living on Guam due to uncertainty around the world and a slowly recovering economy. I believe that with proper use of $62 million excess revenues, road repairs exceeding the current $10.5 million annually collected from the Liquid Fuels Tax can still be prioritized while bringing relief to struggling families and small businesses on Guam,” stated the Speaker.

Speaker Terlaje added, “These efforts are important in ensuring that our families who are struggling to pay rent and utilities are given sustainable financial support. I want to encourage our community to attend the public hearing this Thursday and to weigh in on these bills, especially if they want $0.15 per gallon cut from their final costs at the gas pump.”

The public hearing will be convened by the Committee on General Government Operations, Appropriations and Housing Chaired by Senator Joe San Agustin.

Legislature Passes Bill to Ensure Proper Home Placement of Adopted Children

FOR IMMEDIATE NEWS RELEASE (April 1, 2022 – Hagåtña) –Bill No. 41-36 (COR) introduced by Speaker Therese M. Terlaje, “AN ACT TO AMEND §4210 OF CHAPTER 4, TITLE 19, GUAM CODE ANNOTATED, RELATIVE TO EXPEDITING SOCIAL STUDIES FOR ADOPTIONS,” received majority support from senators on the session floor today.

Bill 41-36 allows the DPHSS Division of Children’s Wellness to hasten its home studies prior to adoptions by authorizing and expanding access to experienced and qualified personnel from other divisions, retirees or private contractors to assist with conducting adoption home studies. 

Currently, Guam law requires adoption home studies to be conducted prior to court granting of an adoption. Speaker Terlaje stated, “This Bill allows home studies to be done quicker through the use of additional personnel, retirees or private contractors. The bill also allows home studies to be done earlier in the process, even prior to the filing of a petition for adoption in court. Bill 41 ultimately ensures safe and expeditious placement of children with adoptive families.”

“I want to acknowledge the Division’s efforts to ensure our children are being placed into proper homes despite being faced with staffing shortages and overwhelming caseloads. This measure provides a mechanism for the Division to obtain assistance when a critical need arises and so that there’s no repeat of backlogs and request for extensions which keep our children waiting to be placed into safe homes,” stated Terlaje. 

Committee Report for Resolution No. 291-36 is reported out of Committee on Health

FOR IMMEDIATE RELEASE (April 1, 2022 – Hagåtña, Guam)  

The committee report for Resolution No. 291-36 (COR) – RELATIVE TO TERMINATING THE EMERGENCY HEALTH POWERS CREATED BY 10 GCA CH. 19 PURSUANT TO 10 GCA § 19405 (c) IN ORDER TO RESTORE THE CIVIL RIGHTS OF THE PEOPLE OF GUAM – was reported out of the Committee on Health today.  It is now up to the sponsor of the resolution to place the item onto the session agenda.

Speaker Therese Terlaje, Chairperson for the Committee on Health states, “I have treated this resolution with utmost speed in order for the sponsor to be able to act on it during this session if it is truly urgent and if it has enough votes to move forward.”

Statement from Speaker Therese Terlaje the Passing of Tan Floren Paulino

FOR IMMEDIATE RELEASE (March 26, 2022 – Hagåtña, Guam) – Below is a statement from Speaker Therese Terlaje on behalf of the 36th Guam Legislature:

“Our island mourns the loss of Tan Floren Meno Paulino from the village of Inalåhan.  Tan Floren was a war survivor and Master Weaver, recognized not only for her work in preserving this art, but also for her generosity in sharing her knowledge and passing on the tradition that she learned from her father since the age of 12.

Tan Floren was a proud Inalåhan woman, who retired from GovGuam after years of service at Inalåhan Elementary School, Inalåhan Middle School, Talo’fo’fo Elementary School, and Gef Pa’go.  Having dedicated her life to preserving art and culture for many years, Tan Floren spoke of the hard work put into weaving and the patience that is required for the art.  This type of wisdom can only be articulated so well by many of our manåmko’, the greatest generation who survived the atrocities of war and who truly understood the value of life, family, and culture.

Our deepest condolences go out to her children Carmen, Benny, and Florence; her grand and great-grandchildren; and her siblings Teresita Paulino and Serafin Meno.  We join in your prayers during your time of sorrow and honor the life of Tan Floren with our entire community.”

Legislature Committee on Justice Invites Public Testimony on Stand Your Ground Bill

FOR IMMEDIATE RELEASE (March 21, 2022 – Hagåtña, Guam)- The Legislature’s Committee on Health, Land, Justice and Culture will be holding a virtual public hearing to receive testimony on Bill No. 12-36 (COR), introduced by Senator Joe S. San Agustin, which is an Act to expand the Castle Doctrine justification in the law for acts of self-defense, and eliminate “the requirement for retreating before the use of force in the face of imminent danger.” The virtual hearing will be held on Wednesday, March 23, 2022, at 9:00am, utilizing the Guam Legislature’s Zoom meeting platform. 

Under Guam law, deadly force may be used in self-defense under threat of death, serious bodily injury, kidnapping or criminal sexual conduct, under certain conditions. When self-defense is claimed, the prosecution must prove beyond a reasonable doubt that self-defense did not occur. If someone who is experiencing a threat can easily retreat, the person should retreat, and is not allowed to engage in deadly self-defense. Under the Castle Doctrine, there is a presumption of reasonable fear and this duty to retreat does not apply if this person is in their dwelling, vehicle, or place of work. Bill 12-36 (COR) would extend the presumption and remove the duty to retreat if the person is in any location that a person has the right to be in. 

In the 35th Guam Legislature, the Committee on Justice held an Informational Briefing with the Office of the Attorney General and the Public Defender Service Corporation to evaluate Self Defense Law on Guam, which found that because the prosecution must prove beyond a reasonable doubt that self-defense did not occur, Guam’s current self-defense law is already more robust than most other states in the nation. 

Please contact the Office of Speaker Therese M. Terlaje at (671) 472-3586 or email senatorterlajguam@gmail.com to register to provide live testimony. Written testimony may also be submitted via email and will be made available to all in attendance of the hearing. 

Link to Informational Briefing on the Right to Self-Defense on Guam: https://www.guamlegislature.com/Committee_Reports_35th/Committee%20Report%20on%20Informational%20Briefing%20on%20the%20Right%20to%20Self%20Defense%20on%20Guam.pdf

Information on Stand Your Ground legislation: 

Giffords Law Center: Stand Your Ground Summary

https://www.usccr.gov/files/pubs/2020/04-06-Stand-Your-Ground.pdf

PUBLIC NOTICE FOR MARCH 25TH SESSION

I Liheslaturan Guåhan will be called into Session on Friday, March 25, 2022 at 10:00 a.m. in the Speaker Antonio R. Unpingco Legislative Session Hall in the Guam Congress Building. 

The placement of bills, resolutions, and appointments 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 is shown below:

The session will be broadcast on GTA Channel 21, Docomo Channel 117 or 112-4 and 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′.