“I commend the Chief Justice and the Judiciary for their leadership in ensuring our courts are fair, forward-thinking, and respond holistically to the needs of the community. The Chief Justice outlined many of the Judiciary’s successes today and I want to congratulate her and all of the hardworking staff of the courts on their accomplishments. I appreciate their commitment to using evidence-based best practices especially during a time when we need all branches of government to be as efficient and effective as possible. I look forward to our continued collaboration with the Judiciary to ensure the people of Guam have access to justice.”
Senators Move Bill Authorizing Immediate Taxation of Short-term Vacation Rentals
FOR IMMEDIATE NEWS RELEASE (April 27, 2018 – Hagåtña)
Bill No. 258-34 (LS) introduced by Vice Speaker Therese M. Terlaje was heard on the legislative session floor today and placed in the voting file. Bill No. 258-34 (LS) will allow for the immediate implementation of the levy on Short-term Vacation Rentals, similar to the already implemented levy on Bed and Breakfast establishments. The bill proposes to allow the Department of Revenue & Taxation to proceed with the collection of an 11% excise tax on these establishments without the need for additional rules and regulations.
Vice Speaker Terlaje stated that current law is clear enough for DRT to issue applications for certifications, certificates, and reporting forms for Short-Term Vacation Rentals.
The Guam Visitor’s Bureau expressed their full support, calling the bill “ an important step to leveling the playing field for all accommodation services within the tourism industry on Guam.”
A fiscal assessment of Bill No. 258-34 (LS) provided by the Bureau of Budget and Management Research reported potential revenue of approximately $3.6 million.
“This is not a new tax, but it is my understanding that DRT has not yet implemented this levy on these short-term vacation rental establishments. The intent of this bill is to streamline this process and give DRT more tools to move forward with the enforcement of the existing excise tax statute and bring in other businesses that are not currently reporting this type of rental,” Terlaje further stated.
For more information, please call the Office of Vice Speaker Therese M. Terlaje at (671) 472-3586.
COMMITTEE ON CULTURE AND JUSTICE RECEIVES CRITICAL TESTIMONY ON PROPOSED STAND YOUR GROUND LEGISLATION
FOR IMMEDIATE NEWS RELEASE (April 20, 2018) – The Committee on Culture and Justice received testimony during a public hearing today on Bill 149-34 (COR) introduced by Senator Joe S. San Agustin and Senator Dennis Rodriguez, Jr. –An Act to amend §§ 7.111, 7.112, and 7.113 of Article 5, Chapter 7 of Title 9 of the Guam Code Annotated, and to amend §§ 7.86(b)(2) and 7.86(c) of Article 4, Chapter 7, of Title 9, Guam Code Annotated, relative to expanding the “Castle Doctrine” by adding the “Stand Your Ground” Justification for Acts of Self Defense and eliminating the requirement of retreating before the use of force in the face of imminent danger. Several supporters and opponents of the bill came to the hearing with a majority testifying in favor of Bill 149-34 (COR).
According to Attorney Stephen Hattori, the Executive Director of the Public Defender Service Corporation, under current law, “You can use self defense everywhere, you have a duty to retreat, unless the incident occurs in your home, vehicles, or place of work. This bill would expand the zone of protection. A Stand Your Ground law makes everywhere you step your castle.” (Written testimony attached.)
Both Hattori and Deputy Attorney General and Chief Prosecutor Joseph B. McDonald provided research to committee members, which included a study by the American Bar Association’s National Task Force on Stand Your Ground, published in 2015. The Task Force conducted a broad investigation of Stand Your Ground laws across the United States that revealed several important findings, which include:
1. Based on recent empirical studies, Stand Your Ground states experienced an increase in homicides.
2. Multiple states have attempted to repeal or amend Stand Your Ground laws.
3. The application of Stand Your Ground laws is unpredictable, uneven, and results in racial disparities.
4. An individual’s right to self-defense was sufficiently protected prior to Stand Your Ground laws.
5. Victims’ rights are undermined in states with statutory immunity from criminal prosecution and civil suits related to Stand Your Ground cases.
Furthermore, the Task Force made recommendations for Legislatures that included the following:
1. For states that desire to combat violent crime, it is recommended that legislatures do not enact Stand Your Ground laws because empirical evidence shows that states with statutory Stand Your Ground laws have not decreased theft, burglary, or assault crimes. For states that have already enacted Stand Your Ground laws, it is recommended that they repeal these laws.
2. For states that desire to reduce their overall homicide rates, it is recommended that legislatures repeal Stand Your Ground laws because empirical evidence shows that states with statutory Stand Your Ground laws have increased homicide rates.
3. For states that desire to reduce or eliminate racial disparities in the criminal justice system, it is recommended that legislatures amend or repeal statutory Stand Your Ground laws because implicit racial bias has been identified as a significant factor causing inconsistent outcomes in criminal cases involving Stand Your Ground laws.
The full report may be downloaded at:
https://www.americanbar.org/content/dam/aba/images/diversity/SYG_Report_Book.pdf
Chief of Police Joseph Cruz submitted written testimony stating that the Guam Police Department could not support Bill 149-34 (COR) as it would make law enforcement’s duties more difficult. “After a review of similar statues, articles, and relevant data, it appears that “Stand Your Ground Laws” combined with increased access to firearms/”gun-carrying” causes a rise in unnecessary violent confrontations,” Chief Cruz stated. He further stated that Guam’s Castle Doctrine law and self-defense laws “more than allow a law-abiding citizen the legal right to defend themselves and their families against unwarranted/unprovoked violence.”
###
For more information, please call the
Office of Vice Speaker Therese M. Terlaje at (671) 472-3586
Vice Speaker Terlaje and Sens. Nelson, Lee, Muna, and Torres Unite to Find Solutions to Better Protect Guam’s Children
FOR IMMEDIATE RELEASE (April 12, 2018) – Please be advised that the Committee on Culture & Justice, the Committee on Housing, Utilities, Public Safety, and Homeland Security, the Committee on Innovation and Economic Workforce, and Youth Development along with Senator Mary Camacho Torres and Senator Louise B. Muna will be conducting a Joint Roundtable Discussion on Tuesday, April 17, 2018 beginning at 3:00 p.m. in the Public Hearing Room of I Liheslaturan Guåhan, Guam Congress Building, 163 Chalan Santo Papa Street, Hagåtña.
The committees will discuss the following:
Emergency Shelter and Support Services for Homeless Children:
Discussing strategies and services available to support the Child Protective Agencies and Housing Agencies efforts to prevent the threat of harm to children living without adequate shelter, and to expand emergency shelter and support services.
Representatives from DPHSS, Division of Child Protective Services, GHURA, Guam Housing Corporation, the Guam Homeless Coalition and the Guam Police Department have been invited to participate.
Vice Speaker Proposes Bill to Deter Gun Violence
FOR IMMEDIATE NEWS RELEASE (March 21, 2018) – Vice Speaker Therese M. Terlaje, with co-sponsorship from Senator Telena C. Nelson, introduced Bill 265-34 (COR), a bill that seeks to ban bump-fire stock firearm attachments and increase penalties and fines for the possession of illegal firearms. Under current Guam law, possession of machine guns and other automatic weapons are already illegal. However, bump-fire stock firearm attachments and other devices that allow semi-automatic weapons to fire like machine guns are not specifically banned.
In the Las Vegas concert massacre that took place in October of 2017, the shooter was able to fire around 1,100 rounds in just 10 minutes (110 rounds per minute), injuring over five hundred people and killing fifty-eight (58) people, using bump-fire stock firearm attachments. At the direction of the President, the U.S. Department of Justice recently submitted notice of a proposed regulation banning bump stocks by reclassifying the device as a machine gun, following the mass shooting at Marjory Stoneman Douglas High School in Parkland, Florida.
Bill 265-34 (COR) will also increase the penalties and fines for the possession, sale or transfer of prohibited machine guns, automatic rifles and silencers from not less than 3 years to a minimum of 5 years imprisonment and from not less than $1,000 to a minimum of $10,000. Penalties for these acts are significantly higher in many other jurisdictions.
On March 07, 2018, Vice Speaker Terlaje together with Senator Telena C. Nelson and Senator Joe S. San Agustin held a roundtable discussion on existing gun laws, penalties and standard operating procedures related to deterring gun violence in schools with panel members from the Office of the Attorney General, the Guam Police Department, the Judiciary of Guam and GDOE. During the discussion, Attorney Genera Barrett-Anderson stated that current Guam firearm laws were fairly stringent, but could always be improved upon. Both Barrett-Anderson and GPD panel members agreed that bump-fire stock attachments were problematic because the device simulates automatic fire.
“Students and parents have expressed concern for the epidemic of mass shootings taking place in the U.S. Mainland and have asked that we do more to prevent these tragedies from happening in our own community. Bill 265-34 is one proactive measure to prevent gun violence in our schools and improve our gun laws to deter gun related violence in our community,” stated Vice Speaker Terlaje.
Therese M. Terlaje is the Chairperson for the Legislative Committee on Culture and Justice
Vice Speaker Therese Terlaje’s “Extension of Remarks” regarding Bill No. 248-34 (LS)
March 15 2018 – “I just wanted to explain my vote on Bill No. 248 so it is very clear. This bill does several things. First, it puts a Business Privilege Tax on many but not all businesses on Guam. It raises that Business Privilege Tax by one percent. It puts a sales tax on all families, on all retail and service transactions, regardless of income or struggle. It tells the people that this Legislature has no issue with the Executive’s spending priorities in times of crisis and that it is ok for the Executive Branch to cut less than what they originally promised going forward. On top of all of this, one person receives in good faith from this bill the power to reorganize to wipe out services and missions of the government that our community has demanded. And I truly hope that this good faith is well placed. Despite the drama of the last few weeks, we have not achieved a real shift in priorities or true accountability. The hard work must still be done. It is still before those who may remain in public service and for our entire community. Regardless of the votes, I appreciate the hard work of all of my colleagues in this effort and I sincerely hope that the passage of this bill will stop the fear that is being used to propel it. The intentional promotion of fear in our students that their teachers will be furloughed, in our retirees that their health insurance will not be paid, that ambulances are being parked for our benefit. It is time to work harder and to face head on our vulnerable economy, our vulnerable political status, so that we can insulate those who come after us from whim and fear and unilateral priority setting for our entire community. I just want to thank my colleagues for their cooperation throughout this process and their collegiality and respect and to wish us all luck as we go forward and do the hard work.”
Watch remarks here:
Senator Terlaje Opposes Sales Tax and BPT Increase
Acting Speaker Terlaje and Legislative Body Seek Answers from the Department of Administration During Committee of the Whole
FOR IMMEDIATE NEWS RELEASE (March 4, 2018 – Hagåtña) – In response to yet another bill from the Governor for a 50% increase in Business Privilege Tax, Acting Speaker Therese M. Terlaje and the Legislative body during Special Session last night for Bill No. 1(6-S) went into the Committee of the Whole to seek answers from the Department of Administration related to the cash impact of passing the proposed tax increase immediately, and whether there would be any increase in cash upon passage of the bill that might affect the announced closing of fire and police stations.
It was confirmed by DOA that if a bill was passed last night on a BPT increase it would not yield additional cash flow until April 20th. Similarly, DOA confirmed that if Bill No. 248-34 (LS) was passed last night to implement a sales tax, it would not yield additional cash until May.
The Acting Speaker is encouraging the public’s input on the government reorganization and sales tax bills set for hearings this week, while work continues towards analysis and consensus on additional cost cutting measures and revenue enhancement strategies.
“My colleagues and I are diligently working towards consensus on additional cost cutting and revenue enhancement measures, based on facts, and are seeking community input as we move forward,” Terlaje said.
For more information, please call the Office of Vice Speaker Therese M. Terlaje at (671) 472-3586.
Acting Speaker Terlaje issued the following statement on the release of a recent opinion by the Attorney General of Guam
FOR IMMEDIATE NEWS RELEASE (March 3, 2018) – Acting Speaker Terlaje issued the following statement on the release of a recent opinion by the Attorney General of Guam:
“While the Legislature maintains that it works for the Governed not the Governor, I agreed to recognize Adelup’s latest call to Session out of respect for the Attorney General. Though the Legislature may consider legal action to defend this Branch against Executive overreach at another time, that decision will be made later. Without waiving the Legislature’s right to challenge the actions of the Governor, we will proceed for this special session in conformance with the Attorney General’s opinion.
I would additionally like to reiterate the prior actions by the Legislative Body in regards to the three earlier special sessions called by the Governor this week:
• Bills 248-34 (LS) and 249-34 (LS), both relative to establishing a sales tax, were referred to Committee on Finance and Taxation and have been set for a public hearing on Thursday, March 8th at 9 am.
• Bill 1(5-S), from the Governor, was also relative to a sales tax, referred to the same committee and set for public hearing on Friday, March 9th at 7 pm.
In addition to these three bills, there is also:
• Bill No. 247-34 (COR), relative to re-organizing of government priorities that will have a public hearing on Wednesday, March 7th at 10:30 am
• Two revenue enhancing bills, Bill No. 250-34 (LS) and Bill No. 251-34(LS), which were introduced on Friday, March 2nd. These bills will be referred to the appropriate committees and public hearings will be scheduled for them.
“We need to put all proposals on the table so that they can be thoroughly analyzed and discussed. I truly believe our best way forward requires us to work together, gather all of the data we have, look at every option before us, and continue seeking input from the public who will be greatly affected by our ultimate decisions.”
TRANSCRIPT OF OPENING STATEMENT BY ACTING SPEAKER THERESE – Special Session, March 3, 2018
Acting Speaker Therese Terlaje (March 3,2018 – Hagåtña):
“To be sure that everyone is clear,
We were called into session by the Governor on March 2 at 1 p.m. pursuant to a message, whereby he revoked his call to session on Bill 1(5-S) and further called the Legislature into session on the revised version of Bill 245 before us today, which has been marked Bill 1(6-S).
I shared with each of you the opinion from our Legislative Bureau on Friday, yesterday that the Governor was without authority to revoke his call to any session once it has convened or to call another special session throughout the duration of an existing special session. I continue to find this opinion valid in light of the analysis and caselaw provided by the Legal Bureau. However, without waiving the Legislature’s right to challenge the actions of the Governor, we will proceed for this special session in conformance with the Attorney General’s opinion that the Governor’s call is valid.I would additionally like to reiterate the prior actions by the Legislative Body in regards to the three earlier special sessions called by the Governor this week. Bills 248-34 (LS) and 249-34 (LS), both relative to establishing a sales tax, were referred to committee and have been set for a public hearing on Thursday, March 8th at 9 am. Bill 1(5-S) was also relative to a sales tax and set for public hearing on Friday.
I just want to my colleagues for your attendance and your reply to the call to session tonight.”
For more information, please call the Office of Vice Speaker Therese M. Terlaje at (671) 472-3586.
SENATORS REQUIRE COMMUNITY INPUT ON NEW PROPOSALS FOR FISCAL SHORTFALL
FOR IMMEDIATE NEWS RELEASE (March 1, 2018 – Hagåtña) – After being called into three separate special sessions last night, at 7 p.m., 9 p.m., and midnight, the Legislature reconvened this morning at 10 a.m. in a special session called by the Governor on Bill 1(5-S). The Governor’s bill was referred by the Legislature to the Committee on Taxation. Committee Chairman Senator Joe S. San Agustin will hold a public hearing on Friday, March 9 at 7 p.m for Bill 1(5-S) and a separate hearing will be held on Thursday, March 8 at 9 a.m. for two other bills aimed at implementing a sales tax, Bill No. 248-34 (LS) introduced by Senator Joe S. San Agustin, and Bill No. 249-34 (LS) introduced by Senator Fernando Esteves. The reorganization bill, Bill No. 247-34 (COR) introduced by Senator Frank B. Aguon, will have a hearing on Wednesday March 7 at 10:30 a.m. The three sales tax bills, the re-organization bill, and Bill No. 230-34 (COR) to lift tax exemptions from banks and health insurance that was previously introduced at the request of the Governor, are still options under consideration.
In the absence of Speaker Cruz, Acting Speaker Terlaje will reconvene the special session tomorrow morning at 10 a.m. Despite the threat to government employees of a 32-hour work week, the Attorney General has insisted that all laws must be followed by the Governor in any potential furlough. Senators continue to work on solutions for the $67 Million reduction in revenue from income taxes, in addition to the $37 Million dollars in cuts discussed by the various agencies. Additional information has been requested from the Governor’s fiscal team as to the Governor’s list of 16 revenue enhancement strategies, and public input is sought on the pending bills on Wednesday and Thursday.
“My colleagues and I continue to insist on responsible cuts by the government of Guam, and that revenue enhancement strategies be developed without delay. However, we must listen to the public before going into session on any of the new proposals,” stated Terlaje.
For more information, please call the Office of Vice Speaker Therese M. Terlaje at (671) 472-3586.
NR_Senator Require Community Input on New Proposals for Fiscal Shortfall