Bill Introduced to Ensure Swift Payment of Tax Refunds with Earned Income Tax Credits

FOR IMMEDIATE RELEASE (August 9, 2021 – Hagåtña, Guam)  Speaker Therese Terlaje introduced a bill that would set aside the anticipated federal cash reimbursement of the Earned Income Tax Credit (EITC) for the sole purpose of swift payments of tax refunds beginning with tax year 2021.

Bill No. 175-36 (LS) would ensure that GovGuam has a sufficient amount of cash to quickly pay all tax refunds eligible for the EITC refund by requiring immediate deposits of the EITC cash reimbursements from the federal government into the Income Tax Refund Efficient Payment Trust Fund. Before the EITC cash reimbursement is used for any other purpose, Bill No. 175-36 will allow GovGuam to catch up on tax refund payments and ensure enough cash is available in the Trust Fund to make swift tax refund payments for the entire tax year.

“We should lock away the federal reimbursement for these EITC tax refunds so that the next years’ refunds can be paid within 30 days of processing. We have been told time and time again by multiple administrations that the timing of the payments for tax refunds is dependent on the amount of cash available to make the refund payments, but we know that the working families that qualify for the EITC are often the ones who are in dire need of their tax refunds and it should be our duty to ensure the government pay these refunds immediately, rather than borrow them for other government services.  This will also relieve the pressure on the General Fund ensuring that the payment of all types of refunds can be made sooner rather than waiting for up to 6 months,” stated Speaker Terlaje.

Part of the American Rescue Plan Act of 2021 included language that would provide a 100% cost reimbursement from the federal government for EITC obligations to the government of Guam beginning in 2021 and for all following tax years. Prior to passage of the American Rescue Plan Act of 2021, the EITC obligations for Guam would range between $55 and $60 million dollars annually and would be paid using local tax revenues.

In 2001, prior to being a senator, Speaker Terlaje successfully represented the 25th Guam Legislature as legal counsel in the original Earned Income Tax Credit case brought before the Supreme Court of Guam to compel the government of Guam to implement the EITC program for working families. The EITC aims to reduce poverty by supplementing the earnings of low-wage workers and by rewarding work.

Speaker Therese Terlaje supports better representation for Guam veterans

FOR IMMEDIATE RELEASE (August 9, 2021 – Hagåtña, Guam) Speaker Therese Terlaje introduced Resolution 143-36 (LS) Friday afternoon to express support and advocate for the passage of H.R. 3730, which was introduced to the U.S. House of Representatives by the Honorable Delegate Gregorio Kilili Camacho Sablan from the Northern Marianas Islands on June 04, 2021. The bill is co-sponsored by ten other House members, including Guam’s own Honorable Delegate Michael F.Q. San Nicholas.

H.R. 3730 proposes an Advisory Committee on United States Outlying Areas and Freely Associated States to advise the Secretary on matters relating to covered veterans, including program and services improvement. The Advisory Committee will consist of 15 voting members appointed to represent covered veterans in eight remote areas of the world, including Guam. 

The resolution is co-sponsored by Senator Jose “Pedo” Terlaje who serves as Chairperson of the Committee on Military and Veteran’s Affairs. Senator Terlaje was “honored” to co-sponsor the resolution, stating that, “Our local veterans need a seat at the table when decisions are being made by Veterans Administration.  The people of Guam are always first to volunteer to defend our country, they should be first when it comes to taking care of veterans.”

“I want to thank Honorable Delegate Gregorio Kilili Camacho Sablan and his co-sponsors for introducing this bill to the House,” said Speaker Terlaje. “For years I have listened to the hardships experienced by our island’s veterans. From unprocessed medical claims to understaffed facilities to Agent Orange exposure, I have advocated for our veterans, and will continue to do so which is why I have introduced this resolution. I believe that H.R. 3730 will aid in getting our veterans the representation they deserve.”

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.

####

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′.

Testimonies on Resolution 93-36(COR)

Testimony on Resolution 93-36 (COR) from the Public Hearing held on June 4, 2021 at the Guam Congress Building and the Guam Legislature’s Virtual Platform which can be viewed here at the Guam Legislature Media Channel on YouTube.

Resolution No. 93-36 (LS) – Therese M. Terlaje / Joe S. San Agustin / Christopher M. Dueñas

Relative to establishing priorities for the spending of American Rescue Plan (ARP) funds designated for Guam, for consideration and incorporation by the Governor into a consolidated government of Guam ARP spending plan.

Updated as of June 7, 2021

Public Input Invited on Changes to Costly Mandatory Arbitration;

Proposal for Magistrate Judge to Screen Malpractice Claims

FOR IMMEDIATE RELEASE (June 3, 2021 – Hagatña, Guam)— The Committee on Health announces a series of hearings and invites public input on Bill 112-36. The measure is intended for those harmed by medical negligence who cannot afford mandatory arbitration while ensuring confidential screening and protection of doctors against frivolous claims. The bill would enact a case screening system in place of costly Mandatory Arbitration. Costs of arbitration on top of cost of potential trial have deterred the filing of claims by those who cannot afford the upfront costs. 

Bill 112-36 (COR):

–        Replaces the costly three (3) person arbitration panel

–        Allows a local magistrate to confidentially consider claims, consider expert testimony and identify frivolous claims

–        Allows for alternative confidential arbitration or mediation with consent of both parties

–        Applies only to those healing arts professions covered under the current MMMA Act

–        Applies the current standard of care 

–        Continues application of the Government Claims Act for Government providers 

Informational Hearing on Wednesday, June 23rd at 5:00 p.m. – 8:30 p.m.:

The Informational Hearing on June 23rd will feature an introduction of the bill and comparison with current mandatory arbitration law, provided by the bill’s sponsors, members of the Guam Bar Association, and malpractice insurance representatives.

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, Tina Rose Muña Barnes, 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. 

                                                                          ###

Attachment: Bill No. 112-36(COR) – 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.