Senator Therese Terlaje pushes for rollback of BPT to 4%

FOR IMMEDIATE NEWS RELEASE (June 9, 2020- Hagåtña, Guam)

Senator Therese Terlaje attempted to amend Bill 323 today to roll back the BPT to 4% for all businesses for two years in an effort to share the benefits of the proposed tax breaks with all families. 

“The rise in the BPT was passed down to many of our families who consumed these goods and services.  If we are looking to provide relief to our working families, then a full roll back of the BPT is a way to do that,” stated Senator Terlaje.

The amendment was ruled “materially different” and out of order by the Speaker.  Senator Therese Terlaje made a motion to attempt to overrule the ruling of the Speaker but that motion did not receive enough votes from the body.

Statement from Senator Therese Terlaje on CLTC Finalized Settlement Agreement

FOR IMMEDIATE RELEASE (June 5, 2020 – Hagåtña, Guam) – In late December, we received the Resolution from CLTC with the initial term sheet of an agreement. My Committee held an oversight hearing on January 9th and was advised that the settlement agreement was still pending.

I corresponded with Assistant AG Canto, Attorney Phillips and the CLTC Chair after the hearing regarding draft legislation, and it is my understanding that settlement discussions with DOJ continued even through the pandemic. Although the Legislature was not present at the conferences, the agreement was finally adopted by CLTC in late May.

Today’s filed agreement indicates the AG and Governor have also signed on. Of course, the committee will do its due diligence to consider the proposed amendments to statute outlined in the final agreement.

Emergency Session Was a Call to Inaction

FOR IMMEDIATE RELEASE (May 21, 2020 – Hagåtña, Guam) – Today, legislative session was gaveled in purportedly to address the emergent concern regarding the application of “double-pay” for government of Guam frontline workers. With the notice of session came waivers for public hearing by the Speaker and the potential rescheduling of the oversight hearing on emergency procurement.

Senator Therese Terlaje objected to the placement of bills on the emergency session agenda without requests or motions from the authors to waive the public hearing. It is not normal practice and perplexing that the Speaker, on her own, had waived the public hearings and then consented to immediately adjourn for a public hearing, resulting in no action by the Legislature on any business.

Senator Terlaje stated, “It is obvious now that Speaker declared an emergency without any real intention of discussing or acting on emergency pay. It was a charade, feigned urgency. Very important bills were put on the agenda without public input and without the sponsors’ motion or request (except for Speaker’s bill) and these bills were already pending a public hearing in committee. The integrity of the entire Legislature is put at risk by going along with this questionable and insincere behavior. Calls to session should not be used to serve political agendas but must seek to serve the people’s best interest in the best way possible.”

Senator Therese Terlaje’s Bill to Protect Tenants During Emergency Heard Today

FOR IMMEDIATE RELEASE (May 8, 2020 – Hagåtña, Guam) – A public hearing was held today for Bill No. 321-35 (COR), authored by Senator Therese Terlaje, which intends to protect residential tenants from eviction during a proclamation of a State of Emergency or Public Health Emergency by making it unlawful to evict any residential tenant after the proclamation of a State of Emergency or Public Health Emergency and for a period of 30 days following that proclamation or declaration.

According to Terlaje, the economic impacts of COVID-19 have been significant and threaten to undermine housing security. CDC confirms that homelessness can exacerbate vulnerability to COVID-19 and other public health threats.  Consistent with the Executive Order putting a moratorium on evictions, this measure is meant to put similar protections in statute and extend for a reasonable period beyond the emergency to increase housing security.

During the hearing, several senators urged that relief be extended to landlords and tenants from available federal funds. According to Senator Therese Terlaje, the Deputy Director of GEDA was looking into aid,  and the Governor’s Executive Order has directed DRT to look for foreclosure relief.

Speaker Tina Muna Barnes also pointed to findings that housing relief would be consistent with federal guidelines. Housing aid is not yet indicated as a priority on the CARES budget submitted recently by the Bureau of Budget and Management Research.

“Many are still waiting for unemployment compensation and financial assistance. It is important for the health of our community that we continue this safety net during the emergency and for at least 30 days beyond that period to protect these vulnerable members of the community from losing their place of shelter and safety while the aid programs are put in place and we rebuild our economy,” stated the Senator.

Joint Oversight for DPHSS Addresses Critical Concerns

FOR IMMEDIATE RELEASE (May 8, 2020 – Hagåtña, Guam) – Senator Therese Terlaje, Chair for the Committee on Health, and Senator Joe San Agustin, Chair for the Committee on Appropriations, held a critical oversight hearing today with the Department of Public Health and Social Services.  Attending the hearing along with senators from the committee were key staff of the DPHSS including its Director, Linda DeNorcey.

The main purpose of the oversight was to hear whether the Department had sufficient resources, including funds, staff and supplies, to be able to handle its continuing role in COVID response, risk mitigation, and recovery efforts as businesses and government services re-open.  This would gain a better understanding of the department’s available resources through the fiscal year and how federal funds may impact programs. 

The hearing particularly focused on whether personnel, equipment, supplies and allocations to DPHSS in the recent CARES budget prepared by BBMR are sufficient to respond to increased demand for public assistance, ensure testing capacity to support safe reopening of the community, and prompt contact tracing capacity to swiftly quell any spread.

Public Assistance

Tess Arcangel, Chief Human Services Administrator, clarified the eligibility and processing status of Supplemental Nutrition Assistance Program (SNAP) applications, stating that only income levels, citizenship and residency are considered.  An applicant must meet the income threshold of 165% of the federal poverty level and must be a US Citizen or legal alien.

If an applicant has lost hours or is unemployed, Public Health can cross check with the unemployment list provided by the Department of Labor or the applicant may attest to it under penalty of federal law.  Most applications are being processed within 24 hours.  Benefits may be uploaded and available within the same day.

According to DPHSS, SNAP recipients already qualify for the recently launched Prugåman Salåppe’ Ayudon I Taotao.  The list of eligible recipients has been provided to the Department of Administration for assistance checks to be cut.  New applications for the program are available for those who may not currently be on the SNAP program and residents are encouraged to apply if they meet the requirements.

Medicaid and MIP are also available to cover those who may have lost health insurance coverage due to unemployment. Senator Telo Taitague noted special concerns over the current appropriation for the MIP program as the $ 4.4 million dollars has already been spent.  Although $3 million was put back into the program with the expansion of Medicaid funding, there may still not be enough funding to carry through to the end of the fiscal year.

Procurement

Specific attention was paid to the role of the Department and its Director with respect to her authority under the Islan Guahan Emergency Health Powers Act under 10 GCA Chapter 19.  Although Section 19502 of the statute gives the director clear authority over procurement of facilities, she clarified her role has been procurement within DPHSS for supplies and contractual services with all requisitions routed through General Services Agency (GSA) and that she did not procure any of the services for isolation and quarantine facilities.

CARES Act and Funding

Director DeNorcey and Tommy Taitague, Administrative Services Officer, advised that there is a total of $16 million in awards from multiple federal grants that will cover various programs including senior citizens, crisis response and emergency preparedness.

There were concerns raised by the committee with regard to how the nominal $397,000 proposed in the government CARES Act budget would be expended.  Tommy Taitague shared that it is a partial reimbursement of $1.2 million already expended.  The request provided to BBMR only included expenses already incurred, but did not include projected expenses because they will be availing of federal grants.  When asked by the Chair if the money was enough to fulfill the agencies requirements to keep us safe, he admitted he was uncertain and that personnel costs were coming from the DOA allotment of $22 million to cover hazard pay but overtime could possibly come from the agency’s existing budget.

Enforcement of PCOR2

DPHSS created guidelines for which businesses could open under Pandemic Condition of Readiness 2 (PCOR2) as outlined in DPHSS Memo 2020-07.  Guidance has also been assembled which would provide those businesses with criteria on how to safely operate by implementing social distancing policies, required training, signage and the proper sanitizing of high traffic and high touch areas.

Senator Terlaje inquired about the role and available resources of the Division of Environmental Health (DEH) with regard to enforcement of these new reopening guidelines.  Tom Nadeau, Director of the Division of Environmental Health advised they don’t have enforcement authority for pandemic operational guidelines with the exception of businesses that fall under the Guam Food Code, and that they remain at the same staffing levels as before the pandemic.

There are no current plans by DPHSS to increase enforcement personnel and the division has traditionally been understaffed to meet their inspection mandates and public expectation.  Director DeNorcey advised that the federal funding is very specific to the grants that have been awarded, with none going to DEH.

Residents may call the department to report violations or concerns about these operational guidelines and the calls will be dispatched to the proper division.

Division of Senior Citizens

Most of the programs for Senior Citizens are in operation, according to Arthur San Agustin, Administrator of the Division of Senior Citizens, including meal deliveries, transportation and caregiver support.  There is a significant spike in services such as the nutrition program and food delivery program.  Though the division is understaffed, funding has been received from both the Families First Coronavirus Response Act and the CARES Act to enhance support services which includes the need to modify operations to comply with new health and safety guidelines.

Contact Tracing

Funding has been identified for hiring to expand investigations, contact tracing and surveillance, according to Annette Aguon, Contagious Disease Coordinator.  Cross training of existing employees and cooperation with the University of Guam was also being added for scalability of the program, as needed.

Aguon also advised that with the increase in staffing, it currently takes 1-2 days to complete an investigation which includes the home, workplace or community settings of a positive patient.

COVID-19 Testing Capacity

GeneXpert and ABI 7500 testing modules are currently being utilized by the public health lab.  The test kits are being ordered from the CDC with a weekly allowance being disbursed, although there have been shipping delays.  The department advised that even if there is a low supply of test kits, it shouldn’t prohibit testing because Diagnostic Laboratory Services continues to operate.  In addition, GRMC and GMH have also expanded testing capacity for the island.

Validation testing for samples tested with the Abbott ID module proved that the 1 ml transport medium did not affect the testing.  The machine was moved to the northern facility as recent guidance issued by the manufacturer requires swabbing to be done on the spot with samples tested immediately.

5000 more test kits will be arriving and DPHSS is coordinating activities with another company that would assist with expanding testing capacity to 1000 units per day.

In response to an inquiry from Speaker Barnes, Director DeNorcey confirmed that she disallowed the use of non-FDA approved tests.  Dr. Janna Manglona of DPHSS confirmed that EUA tests can be used according to the Physician’s Advisory Group.

“I recognize the huge burden that has been placed upon DPHSS to keep us all safe through this pandemic. I’m thankful for the director, division heads and all the hard-working staff for the proactive team approach they have taken to address this public health crisis on top of existing critical health and public welfare mandates.  The attendance and concern expressed by my colleagues at the hearing echo the public’s concern that DPHSS be able to attain the supplies, personnel, and other help it needs to adequately address the continuing health risk and expanded safety precautions going forward,” stated the Oversight Chair.

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Terlaje: Massive spending calls for more, not less transparency. Now is not the time for Senators to blink.

FOR IMMEDIATE NEWS RELEASE (April 28, 2020- Hagåtña, Guam)

Statement from Senator Therese Terlaje regarding Governor’s veto of Bill No. 333-35

All 15 members of the legislature united together to pass Bill 333-35 in a demand for increased transparency and accountability.  Over the last several weeks, my colleagues and I have written countless letters to the Governor and members of the cabinet asking for clarity on the administration’s plan to purchase more tests, to provide personal protective  equipment (PPE) for our frontline workers, to expedite economic relief for those unemployed and to advise how $129 million in federal relief will be prioritized during this crisis. 

It is perplexing to me why the Legislature, a co-equal branch of government, and the people of Guam would be denied this basic information while they continue to suffer and instead be told by the administration to submit a FOIA.

The unprecedented power and money controlled by a handful of public officials, as a result of this public health emergency, will have long lasting repercussions for every individual on Guam. The legislature’s unanimous call for increased transparency is a whisper compared to the public’s growing discontent and demands for truth and real relief.  We must use facts to dispel doubt about their government and restore a partnership worthy of the people’s trust and cooperation.

I urge my colleagues to stand firm on transparency and expedient reporting of COVID-19 expenditures. Now is not the time to blink or look the other way.

Attachments:

Governor’s Veto Message of Bill No. 333-35Download
Bill-No.-333-35-COR_passedDownload

Terlaje will pursue accountability, not an override, for Bill No. 336-35

FOR IMMEDIATE NEWS RELEASE (April 28, 2020- Hagåtña, Guam)

Statement from Senator Therese Terlaje regarding Governor’s veto of Bill No. 336-35

Bill No. 336-35 was introduced three weeks ago, 22 days after the declaration of this unprecedented public health emergency and after four people had died from COVID-19. At that time, despite individual agency efforts, the government had failed to obtain ventilators to expand our ICU capacity, had failed to obtain enough PPE to allay the fear and concerns of our frontline healthcare workers, had failed to obtain enough tests beyond the meager amounts handed out by the CDC, had failed to provide a place for GMH nurses to rest without infecting their families, and had failed to provide safe housing for COVID-exposed homeless individuals.

Those involved in emergency procurement reiterated that these expenditures would exceed the monthly $100,000/month limitation set in the Islan Guahan Emergency Health Powers Act.   In the absence of any clear explanation for the failure, the Legislature unanimously sought to ensure that money was NOT going to be the reason for the delay in obtaining supplies and equipment that other jurisdictions were aggressively pursuing.  

At that point, the administration refused to disclose the source of funding for any emergency expenditures or the details of any FY2020 transfers.  Coincidentally, on the day before we went into session to ensure the swift procurement of these critical items, the first transfer report for fiscal year 2020 was delivered to the Speaker. 

I will not pursue an override to authorize additional spending without accountability.  We need the Executive Branch to account for the money already spent and to demonstrate that these critical supplies made it to the frontlines where they belong.

Attachments:

Governor’s Veto Message for Bill No. 336-35Download
Bill-No.-336-35Download

Senator Therese Terlaje Passes Two COVID-19 Response Measures

Bills Are On The Way To Adelup For Action

FOR IMMEDIATE RELEASE (April 16, 2020 – Hagåtña, Guam) – Bills 336 and 333 passed with unanimous support today at the Guam Legislature during emergency session. Both bills sponsored by Senator Therese Terlaje provide the Governor with tools and flexibility to rapidly respond to the coronavirus pandemic.

Bill No. 336-35 increases the Governor’s current transfer authority under the Health Emergency Declaration from $100,000.00 monthly for 3 months, up to $4 million during the COVID-19 emergency response. The increase in transfer authority removes any potential impediment to compete today in a market where there is a global shortage of ventilators, personal protective equipment (PPE) and COVID-19 test kits.  When these items become available, there should be no barrier within the government’s control to obtain them.  That includes a lack of funding. The bill also allows for transferred funds to pay for temporary housing for COVID-19 exposed medical personnel and homeless individuals to ensure that they get the support that they need to keep their families safe.

Healthcare professionals working to defeat the COVID-19 virus have consistently reached out for assistance in obtaining test kits, personal protective equipment, ventilators and medicines.  Senator Terlaje stated that this bill removes any further excuse or barrier to swift delivery of those items to our tireless frontline medical personnel. 

“I am normally a fiscally conservative person, especially when handling the money of the people,” Senator Terlaje said. “These are not normal times and this increased transfer authority is to secure crucial medical equipment and temporary housing support to protect the lives of our people.”

During session discussion on Senator Therese Terlaje’s second bill, Bill No. 333-35, she stressed the need for accountability to ensure that all monies are spent within federal guidelines and to ensure this aid reaches those intended, who have been impacted by the COVID-19 global pandemic, without any delay or impediment.

While understanding that there are many gears turning to enact the many different provisions for the CARES Act, Bill 333 sets a clear guideline for the government of Guam to operate within ensuring full accountability.  The measure also waives lengthy rulemaking requirements and allows the hiring of new or reassignment of existing personnel to accomplish the required reporting and processing that may be needed for full implementation.

“I want to thank my colleagues for supporting Bills 336 and 333 and for recognizing the need for transparency, accountability and rapid relief for the people of Guam during this very challenging time,” said Senator Therese Terlaje.

Both bills will be on their way to Adelup pending action by the Governor.

Senators Express Their Support For Transparency As Bill 333-35 Reaches the Voting File

FOR IMMEDIATE RELEASE (April 13, 2020 – Hagåtña, Guam) – As Guam anticipates receiving potentially over $300 million in federal assistance, Senator Therese Terlaje stressed the need for accountability to ensure that all monies are spent within federal guidelines and to ensure this aid reaches those intended, who have been impacted by the COVID-19 global pandemic, without any delay or impediment.

After discussion with her colleagues in the 35th Guam Legislature, Substitute Bill No. 333-35 (COR), An Act Relative to the Rapid and Transparent Implementation of Federal and Local Assistance Programs Related to COVID-19, moved to the voting file.  The measure also waives lengthy rulemaking requirements and allows the reassignment of existing personnel to accomplish these purposes swiftly.

Members of the 35th Guam Legislature rose in support of the bill.

“It is very critical to have a sense of transparency at this time.  When there is a lack of transparency there are a lot of questions and also people assume that if there is no transparency that you cannot trust the information being given on the forefront,” stated Vice Speaker Telena Nelson on the session floor.

“We must ensure that government funds are expended in a transparent manner.  [It] provides a strong balance between ensuring this accountability, while continuing to provide necessary funding in a responsive manner,” said Senator Sabina Perez, original co-author of the bill.

Thinking forward, Senator Terlaje recognized that the 2020 budget will be adversely impacted under the current fiscal climate stating “We need to know as much as we can about every single dime that is going to be spent under these programs.”

The Chair for the Committee on Health closed reinforcing that “the bill is intended to accommodate transparency and accountability.”

The measure is now cosponsored by all members of the 35th Guam Legislature.

Senator Therese Terlaje Continues To Press For Tax Refunds

FOR IMMEDIATE RELEASE (April 8, 2020 – Hagåtña, Guam) – Following up on her letters sent last week to the Department of Administration and Department of Revenue and Taxation, Senator Therese Terlaje again urged Governor Lou Leon Guerrero to order the immediate distribution of tax refund checks for over 3000 taxpayers whose returns are already processed and to expedite the processing of all remaining returns.

“It is unconscionable under current unemployment and furlough circumstances to hold these refunds another day,” said Senator Terlaje.

Please see attached letter sent to Governor Lou Leon Guerrero from April 7, 2020. Also attached are copies of the previous letters to the Department of Administration and Department of Revenue and Taxation dating to March 30, 2020.

Letter-to-Governor-re-immediate-payment-of-tax-refunds_TMT_4.7.20Download
TMT-correspondence-re-tax-refunds_4.1.20Download

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