See February 18, 2021 article below that appeared in the Guam Daily Post for quotes from Speaker Terlaje during session

Lawmakers close to voting on whether to clip governor’s emergency powers

John O’Connor | The Guam Daily Post

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.”