Feb 24, 2024

Energy credit extension, other measures pass

A three-month extension to long-standing energy credits is one of several measures that managed to pass the Guam Legislature this session. 

Bill 208-37 would appropriate $15.8 million from general fund excess to support the application of $100 monthly credits to power bills from January through March. Lawmakers passed the bill unanimously Friday afternoon.

“I’d like to thank my colleagues for supporting this measure,” Sen. William Parkinson, Bill 208’s main sponsor, stated in a release after the vote.

“With (the Guam Power Authority) increasing power bills, this $100 credit is going to help working families, businesses, and everyone on the island. I am glad we could come together and do something good for the people of Guam,” Parkinson added.

Another measure that passed was Bill 48-37, legislation that would require consistent online posting of  school inspection reports. Sen. Jesse Lujan, the bill’s main sponsor, stated in a release that the bill ensures transparency and accountability within the Guam Department of Education while acting as “a moral imperative in guaranteeing the well-being and educational environment” of Guam students. 

Bill 170-37 also passed the Guam Legislature on Friday. This measure authorizes the Independent Vietnam Veterans Association of Guam to use a portion of Skinner Plaza in Hagåtña to establish a Vietnam Veterans Memorial Monument in honor of those who died in service to Guam and the U.S. during the Vietnam War.  

“Thank you to all my legislative colleagues in the 37th Guam Legislature for voting today to pass this bill that will not only honor but remember the Vietnam veterans who made the ultimate sacrifice to serve our island and country during this long and dark conflict,” Sen. Dwayne San Nicolas, the main sponsor of the Bill 170, stated in a release. 

Other measures that passed include two bills aimed preventing tobacco and nicotine use among youth, Bill 186-37 and Bill 187-37, and a bill increasing fines for substantial littering violations, Bill 171-37. Sen. Sabina Perez is the main sponsor of these measures. 

“The statistics of one in three youth who are e-cigarette users is a call to action, because the youth, who are undergoing a critical period of development, are particularly more vulnerable to addiction and long-lasting effects of nicotine. As a legislative body, it is critical that we address this epidemic by increasing resources and implementing best practices,” Perez stated in a release Friday regarding Bill 186 and 187, while adding that Bill 171 underscores a commitment to preserving the island’s natural beauty and environmental health.

While various other measures passed Friday, not everything got the green light from the Legislature.

Bill 116-37, which relates to enforcement capabilities and best practices regarding mining and quarrying activities, failed to pass during reconsideration Friday. The measure initially failed during session last month. 

Only Sens. Chris Barnett, Joanne Brown, Telo Taitague, Parkinson and Perez, and Speaker Therese Terlaje, the measure’s main sponsor, voted for Bill 116.

An override attempt on a vetoed measure that would prohibit employment in the government of Guam for individuals convicted of official misconduct also failed to get enough support. 

Sens. Frank Blas Jr., Telo Taitague, Barnett, Brown, and Perez, and the speaker voted in favor of overriding the governor’s veto on Bill 30-37. 

Sens. Chris Duenas, Thomas Fisher, Roy Quinata, Joe San Agustin, Amanda Shelton, Lujan, San Nicolas and Parkinson, and Vice Speaker Tina Muña Barnes voted against the override. 

Ten votes were needed to pass the override. 

Gov. Lou Leon Guerrero vetoed Bill 30 over concerns that it may be misinterpreted to apply retroactively and possibly impact classified employees, who enjoy certain protections under local law and the Organic Act of Guam.

While Brown, the measure’s main sponsor, said the bill isn’t meant to be retroactive, Barnes said her review of the bill’s language indicates that it is “undoubtedly retroactive.”

“Section 3 of the bill reads, in part, ‘No person shall be employed nor continued in employment, who was convicted of [official misconduct]. Any attempted or erroneous appointment or continuation of employment in violation of this Section is void ab initio,'” Barnes said in statements concurring that Bill 30 does contain a retroactive provision that could result in costly lawsuits for the government. 

“Despite public pronouncements of the author’s intent, this means an employee would not be able to continue their employment should this bill become law,” Barnes added.

While Barnes said she agreed that abusing a public position through misconduct should entail serious consequences, including barring future employment with the government, she added that “trampling on long-held constitutional rights … is not the right way to send this message.” 

Bills passed:

Bill 48-37: mandates consistent online posting of school inspection reports

Bill 81-37: authorizes the Mayors’ Council of Guam to select time and date of their oathtaking ceremony

Bill 98-37: mandates all Guam public schools to be compliant with the Americans with Disabilities Act

Bill 142-37: changes net metering limitations for non-residential customers

Bill 186-37: updates use of tobacco fees and penalties

Bill 187-37: prohibits sales of tobacco, nicotine and vape products through vending machines

Bill 191-37: mandates all government of Guam leased offices to be ADA compliant

Bill 209-37: updates the program, advisory council and duties of the council on community health centers

Bill 212-37: transfers property from the Chamorro Land Trust Commission to the Tamuning mayor’s office

Bill 170-37: authorizes use of a portion of Skinner Plaza to place a Vietnam Veterans Memorial Monument

Bill 228-37: related to administrative rules and regulations regarding successors to Chamorro Land Trust lessees and applicants

Bill 171-37: increases fines for substantial littering violations

Bill 226-37: requires sanitary permits to be renewed on the anniversary date of issue

Bill 114-37: funding for the island wide Veterans Convention

Bill 107-37: funding for the Guam Housing Corp. – Rural Housing Services Escrow Savings Account

Bill 208-37: funds a three-month extension for power credits

Bill 185-37: ensures that any hospital constructed under the previously enacted Guam 21st Century Healthcare Center Act would be built in Tamuning, specifically at Ypao Point.

By: John O’Connor

Source: The Guam Daily Post