SG\iAlDR BENJAMJN J.E CRUZ. VICE SPEAKER Chanman Comnnttre on Gm<ral Govem!reit Cf<ratioos

ard Cultun!Affut!S Web~• W\\W~e<rn

January 22, 2014

The Honorable Judith T. Won Pat Speaker I Mina' Trentai Dos Na Liheslaturan Gullhan 32nd Guam Legislature 155 Hesler Place Hagatfia, Guam 96910

VIA:

RE:

The Honorable Rory J. Respi~ Chairperson, Committee onf-ules

Committee Report on Bill No. 233-32 (COR)

Dear Speaker Won Pat:

!MINA '11?E'v1Al LXJS.VAL!HESL1TUR.JNCill,1l!AN "!be 1'.'nd Guam Legislature • scriatm(cilsenatom)ClUZcom

I ·'5 Hesler Place. H¥J111ll, Clu:irn 96910 Td~.(671)477-252<YJ •Fax (671)477-2522

Transmitted herewith is the Report of the Committee on General Government Operations and Cultural Affairs on Bill No. 233-32 (COR) - M.F.Q. San Nicolas - An act to require a period for public comment at every public meeting of an agency or instrumentality of the Government of Guam, by adding a new §8117 to Chapter 8, Title 5, Guam Code Annotated.

Committee votes are as follows:

TO DO PASS ____ TO NOT PASS ····-·-- __ TO REPORT OUT ONLY ·-··-····-···- TO ABSTAIN - .. - -·--- TO PLACE IN INACTIVE FILE

SENAIDR BENJA.MIN J.F. CRUZ. VICE SPEAKER Chrunnan, Contmttre on lieneral Gwerrurent C~oos

an:! Cultmll Affans Web 1~ \\'WW.senaabJCIW.CUll

I Al/NA '7RE~7:.JI lXJSI\!A IJHESLAJu!IAll/ GU-JliLV 1he .lJid Guam I .egislattre • ""1ll!OJiit:smtomJ0117.com

155 He:Jcr Plare. Hag;mn, Guan 96910 Tclq:hooe (671) 477-::SXV! •Fa< (671) 477-2522

COMMITTEE REPORT

Bill No. 233-32 (COR)

An act to require a period for public comment at every public meeting of an

agency or instrumentality of the Government of Guam, by adding a new §8117 to Chapter 8, Title 5, Guam Code

Annotated.

SENA1DR BENJAMIN J.F CRlJ7, VICE SPFAKER °"1rrnan Corrrnittee on General Gowmm:rt C)xratim;

inl Cul!mtlAffi= Web lrl:lr= www.xn<tcrbJC!UZo:rn

January 22, 2014

MEMORANDUM

TO: All Members

FROM: Vice Speaker Benjamin J.F. Cruz

!MINA TR&VE41 fX)ScY1LIHESf,.,f!liRANOIL1H.4N 1he 32n<l Guam lej;Jslal1.£e • ""'1llla(!l'.""1lto<bJCIUZcom

l 55 Hesler Flare.!~ liuan 96910 Telej'.hme (671)477-25'.YYl •Fax (671)477-2522

Committee on General Government Operations and Cultural Affairs

SUBJECT: Committee Report on Bill No. 233-32 (COR)

Transmitted herewith for your consideration is the Committee Report on Bill No. 233-32 (COR) - M.F.Q. San Nicolas - An act to require a period for public comment at every public meeting of an agency or instrumentality of the Government of Guam, by adding a new §8117 to Chapter 8, Title 5, Guam Code Annotated.

This report includes the following:

• • • • • • • • • •

Committee Vote Sheet Committee Report Digest Bill No. 233-32 (COR) Public Hearing Sign-in Sheet Copies of Submitted Testimony & Supporting Documents COR Referral of Bill No. 233-32 (COR) Fiscal Note Requirement Notices of Public Hearing Public Hearing Agenda Related News Reports

Please take the appropriate action on the attached voting sheet. Your attention to this matter is greatly appreciated. Should you have any questions or concerns, please do not hesitate to contact me.

Sl:-.'NAJDR BENJAMIN J.E C'RUZ, \1CE SPEAKER Chamwm. Comnuttee on (itneraJ c:;.,.cemtnett Operatirns

I A/IN 1 '1Rb" 7:.U IXJS ll/A LI! lESLlll!RAN GL'.4HAN ·1hc Did Guam I egislatLre • 5'rultrn\iiJser<iD!bjcnu.com

l.'5 JleslerPlare, fl~ Gliarn 96910 anJ CulttrolAflRir; Web -\:ldr= ""wsenacrbjaw.can Tderh<:n< (671)477-'.~52('1 •Fa< (671)477-2522

COMMITTEE VOTING SHEET -- _______ ,__,,

Bill No. 233-32 (COR) - M.F.Q. San Nicolas - An act to require a period for public comment at every public meeting of an agency or instrumentality of the Government of Guam, by adding a new §8117 to Chapter 8, Title 5, Guam Code Annotated.

- --TO TO TO PLACE

COMMITTEE MEMBERS SIGNATURE TODO NOT REPORT TO IN PASS

PASS OUT ABSTAIN INACTIVE

ONLY FILE

CRUZ, BENJAMIN J.F. 'lifk~ ~ Chairperson . ----- _,, ____ -------v;u MUNA BARNES, TINA ROSE

Vice-Chairperson

WON PAT, JUDITH T. "~ / Speaker and Ex-Officio Member ( '-"""//) ADA, THOMAS C. /l---· v:// Member

PANGELINAN, C. VICENTE

Member

RESPICIO, RORY), f/,r([~ I fh fj';I 11.

~ Member 1-n-;y RODRIGUEZ, DENNIS G, JR

Member ' SAN NICOLAS, Mlf HAf~' F.Q. /\__}~ v Member \ .-,.-(, 11 c! ,_ ./

AGUON, Jr., FRANK B. ' ! ~J ,,. "V Member nc:J1H/ f,/I ADA, V. ANTHONY

, -.. ~ Member ~

Morrison, Thomas fl - / Member

Mccreadie, Brant

Member

Y AMAS HIT A, ALINE

Member

SENA1DR BL'lJA'vflN J.F CRUZ. V1CE SPEAKER Chamnan. C-O!lJ:ttitt<e oo Gener&!~ Cpcrntims

arrl Cull\r&l Affims Web 1\ddress ""'W-~1Ul.can

1 Ml.NA '1Hl:2v7:·11 DOS N. { U!JESL-UTJR•JN GU-11 LtV Ihc 32nd Guam L<gislatu-c • senat<.l{!{t.<:<nato!b)ClW.cOm

155Hesler1-'i:>x. I~ Guan 969!0 1dcrJ>me 1671)477-252'11 •Fa< (671)477-2522

COMMITTEE REPORT DIGEST ---~----------

I. OVERVIEW Bill No. 233-32 (COR) was introduced by M.F.Q. San Nicolas on December 3, 2013, and subsequently referred to the Committee on General Government Operations and Cultural Affairs on December 4, 2013.

The Committee on General Government Operations and Cultural Affairs convened a public hearing on Friday, December 13, 2013, at 2:00PM in the Public Hearing Room of I Liheslatura. Among the items on the agenda was the consideration was Bill No. 233-32 (COR) - M.F.Q. San Nicolas - An act to require a period for public comment at every public meeting of an agency or instrumentality of the Government of Guam, by adding a new §8117 to Chapter 8, Title 5, Guam Code Annotated.

The public hearing for Bill No. 233-32 (COR) was called to order at 6:07PM and ended at 6:50PM.

Public Notice Requirement~ All legal requirements for public notices were met, with requests for publication sent to all media and all Senators on December 5, 2013, and December 11, 2013, via email. Copies of the hearing notices are appended to the report.

Senators Present Senator Tina R. Muna Barnes, Acting Chairperson Senator Thomas Morrison Senator Thomas C. Ada Senator Michael F.Q. San Nicolas Senator V. Anthony Ada Senator Christopher M. Duenas

Oral Testimony Benjamin Schiff, Open Government Guam *Rosanne Fernandez, Open Government Guam *Vincent Taijeron, Open Government Guam *Gina Petrache, Open Government Guam *Tevin Perez, Open Government Guam *Kellie Castareto, Open Government Guam *Ericka Santos, Open Government Guam *Johnnie Meno, Open Government Guam *Scott Perez, Open Government Guam *Scott Peredo *Niko Castro, Open Government Guam

1

*Gladys Pelobello, Open Government Guam *Donna Cabuhat *Francis Rios *Jake Herrera, Open Government Guam Ruha Sabeti Dr. Joel Joseph *Vincent Taijeron Viqui Sayr

* T71ese individuals were present and signed up to provide testimony when the Committee convened at 2:00PM but left before the public hearing of Bill No. 233-32 (COR) began at 6:07PM.

l\1ritt~11I~i;ti1U011Y Vincent Taijeron Ruha Sabeti Gladys Pelobello, Open Government Guam

II. TESTIMONY & DISCUSSION Acting Chairwoman Tina R. Mufia Barnes announced Bill No. 233-32 (COR) and thanked the members of the gallery who sat through a five-hour public hearing in order to provide testimony on this measure. She asked that members of the public wishing to provide testimony on Bill 233-32 (COR) step forward and be seated. Once the panel was filled, the Chair recognized the bill's sponsor for his opening statement.

Senator Michael F.Q. San Nicolas thanked his colleagues and the members of the gallery for their patience during a lengthy public hearing. He stated that Bill 233 is intended to foster our community's participation in government. He noted that just as the law making process requires public hearings so that the input of our community can be heard, the same standard should be applied to all public meetings of boards and commissions. Moreover, he added that while public comments may not always be agreeable, those who serve the public should understand that leadership begins with listening. He noted that that the measure would require every Board, Commission, and instrumentality of the government of Guam to have a public comment period prior to an executive session or the execution of a motion or resolution. He recounted his own experience as a student leader at the University of Guam in which petitions could only be presented to the Board of Regents after students staged a sit-in. He stressed that no citizen should gave to undertake such extraordinary measures to express themselves during a meeting. He called the measure," a good step toward more transparency and inclusion in our government."

At this point, Acting Chairwoman Barnes thanked the male members of the panel for allowing the women to speak first, and recognized Ruha Sabeti for the purpose of providing oral testimony.

2

Ruha Sabeti, present to testify in favor of Bill No. 233-32 (COR), thanked Senator San Nicolas for the introduction of the bill and noted that she has attended a number of Public Meetings for the Guam Cosmetology Board, the Guam Election Commission, and the Guam Board of Allied Health. She informed the committee that in the absence of a clearly stated law requiring public comment during meetings, some boards include a section for public comment while others do not. In her experience, the Board, that chose to prevent public comment, justifies its actions with the fact that the law contains no requirement for such comment.

Acting Chairwoman Barnes recognized Vicky Gayer for the purpose of oral testimony,

Vicky Gayer, present to testify in favor of Bill No. 233-32 (COR), recommended that the Committee should "put more teeth in the bill." In her experience, several boards circumvent public comment by placing more contentious items at the bottom of the agenda or by ignoring the comments all together. She recommended that the Committee consider require a response to public comments and that a board chairperson who violates this statute face a fine or harsher penalty. She also asked that the Committee prevent government attorneys from requesting that court records be sealed.

Senator San Nicolas noted that the Legislature recently passed a measure mandating that several sealed documents now be unsealed. He further noted tliat the Legislature's action could not unseal federal actions.

Benjamin Schiff, present to testify in favor of Bill No. 233-32 (COR), began his testimony by saying that this bill essentially has about five minutes to be heard and nothing more than that. He informed the Committee that he supports the measure because absent a clearly stated law requiring a public comment period at meetings, representatives from the AG' s office have simply said, "you can attend but you cannot participate". He noted that the term "comment" could be loosely interpreted. Instead, he hoped that the term "public forum" could be used and that a specific timeline be required forcing Boards to respond to comments made at a hearing. He also asked that the measure carefully close any loopholes that might make the measure unenforceable. Moreover, he noted that he supports the measure because he has been unfairly prosecuted for attempting to record meeting of the allied health board-an action which has been repudiated by a judge.

Acting Chairwoman Barnes then recognized Dr. Joel Joseph for the purpose of oral testimony.

Dr. Joel Joseph, present to testify in favor of Bill No. 233-32 (COR), thanked the senators for hearing testimony on this bill despite a lengthy public hearing. He began his testimony by recounting the challenges he faced with the Allied Health Board, relative to a law that expressly allowed for the recording of public Boards and Commissions during public meetings-a measure introduced by Acting Chairwoman

3

Barnes for which he is thankful. He noted, however, that the laws are easily manipulated in the absence of any clear consequences or penalties. He also remarked that recording devices have been used in ways that prohibit proper recording, such as being subject to whispered conversations, or placed in the back of the conference rooms. He recommended that those who violate that statute be subject to significant monetary fines. He informed the Committee that many of the men and women who attended the hearing to support the measure were young people who had been denied their right to participate in government and our now getting involved.

Acting Chairwoman Barnes thanked the panel for members if they had any questions or comments. Morrison who wished to pose a question to Mr. Schiff.

their testimony and asked the She then recognized Senator

Senator Tommy Morrison thanked the panel for their patience. In posing a question to Mr. Schiff, he asked," l have overseen Boards and Commissions before and the presence of a public comment period within the agenda is very standard; was there no such period on the agenda for the meetings you attended?"

Mr. Schiff responded to Senator Morrison's question by noting that while many Boards do consider a public comment period standard part of every meeting agenda, the Board pertaining to his profession does not. Mr. Schiff also said that "public comment" does not appear in the Open Government Public Notices for the Allied Health Board in spite of numerous written requests. Instead he informed the Committee that the Board's attorneys will only accept public comment from other attorneys, which he is not.

Senator Morrison thanked Mr. Schiff for his answer and recounted the unfortunate nature of the circumstances he described. Moreover, Senator Morrison thanked Senator San Nicolas for his leadership on this issue and for his willingness to introduce this measure. Finally Senator Morrison made clear that steps should be taken to strengthen this measure, and close any apparent loopholes.

Acting Chairwoman Barnes then recognized Senator Thomas C. Ada who wished to pose a question to Mr. Schiff.

Senator Thomas C. Ada asked if Mr. Schiff' s attempt to record Board meetings has been prevented when news media have recoded the same thing.

Mr. Schiff responded by saying that so long as news media is present, his recording devices may occupy the same relative space as media. In the absence of media however, boundaries have been erected to prevent recording and chairs have been removed, even in the presence of persons with disabilities, so as to limit public attendance.

4

Senator T.C. Ada noted that such actions were almost unbelievable and demanded that he attend a meeting himself. While Senator Ada believed the testimony as provided, he could not understand why any board would prevent public participation or recoding.

Acting Chairwoman Barnes thanked the panel for its testimony, noted that the Committee Record would be held open for ten days, and, on the account that there was no one else present to provide oral testimony, adjourned the public hearing for Bill No. 233-32 (COR).

III. FINDINGS AND RECOMMENDATIONS The Committee on General Government Operations and Cultural Affairs to which was referred "Bill No. 233-32 (COR) - M.F.Q. San Nicolas - An act to require a period for public comment at every public meeting of an agency or instrumentality of the Government of Guam, by adding a new §8117 to Chapter 8, Title 5, Guam Code Annotated" hereby submits these findings to l Mina' Trentai Dos naf'ff'.1eslqfX~a2 Guahan and reports out Bill No. 233-32 (COR) with a recommendation TO vv t ,\> . .> .

5

I iWINA'TRENIAI DOS NA LIHESLATURAN GUAHAN 2013 (FIRST) Regular Session

Bill No. j 3.3 - 3 .l ( CoN.)

Introduced by: l'vfichael F.Q. San Nicolas

AN ACT TO REQUIRE A PERIOD FOR PUBLIC COMMENT AT EVERY PUBLIC MEETING OF AN AGENCY OR INSTRUMENTALITY OF THE GOVERNMENT OF GUAM, BY ADDING A NEW §8117 TO CHAPTER 8, TITLE 5, GUAM CODE ANNOTATED.

BE IT ENACTED BY THE PEOPLE OF GUAM:

2 Section 1. Short Title. This Act shall be cited as the "Responsible

3 Public Comment Act."

4 Section 2. Legislative Findings and Intent. I Lihes/aturan Cua/um

5 finds that the people of Guam individually and collectively hold

6 considerable wisdom and experience from their lives and education. Their

7 government is formed precisely to protect them, defend them, and improve

8 their lives. As a government for the people, by the people and of the

9 people, it is fundamental that our people be allowed to participate to the

I 0 fullest extent possible in the establishment of policy for the Territory. A

I J basic element of this is to provide an opportunity for the voices of the

12 people of Guam to be heard.

1 Lihcslatura further finds that currently there is no provision of the

2 Open Government Law that requires all agencies and instrumentalities of

3 the government of Guam to allow public comment during public meetings.

4 Such public comments are an integral part of the transparency and

5 accessibility of our government to our people.

6 lt is therefore the intent of l Uheslatura that every public meeting of

7 an agency or instrumentality of the government of Guam include a period

8 for public comment, by adding a new §8117 to Chapter 8, Title 5, Guam

9 Code Annotated.

10 Section 3. Public Comment. A new §8117 is hereby added to Chapter

l l 8, Title 5, Guam Code Annotated, to read:

12 "§ 8117. Public Comment.

13 Every public meeting of an agency or instrumentality of the

14 government of Guam shall include a period for public comment. Such

15 agency may limit the length of each comment from a member of the

16 public, provided that such time limitation ;;hall not be shorter than five

17 (5) minutes. /f the agency intends either to hold an executive or

l 8 closed portion of the meeting, pursuant to §8111 of this Chapter, or to

19 take action on any motion, proposal, resolution or order, pertaining

20 to any fee or rate, then the period for public comment required by

2 l this section shall precede such portion of the meeting."

2

SENA1DR BENJAMIN J.F CRUZ, VICE SPEAKER Chrunnan Corrnnittee on Gmeral Ga;emment Operatioos

and Cuhural Affair.> WebAddr=: \V\\,Y.senalorbJcruzcrn1

I AflNA. 'TRE!vTAI DOS l1AUHESLAIUR4N GU4HAJv' The 32nd Guam leg)slature • =ato!(i.l)scnatrnbJL11lZ.corn

155 Hesler Place. ffag;ltna Guam 96910 Telej'.ilooe: (671)477-252<:Vl •Fax (671)477-2522

PUBLIC HEARING SIGN-IN SHEET Friday, December 13, 2013 - 2:00PM

I Liheslatura • Public Hearing Room • Hagati'ia, Guam

Bill No. 233-32 (COR) - M.F.Q. San Nicolas - An act to require a period for public comment at every public meeting of an agency or instrumentality of the Government of Guam, by adding a new §8117 to Chapter 8, Title 5, Guam Code Annotated.

AGENCY OR POSITION TESTIMONY

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SENA1DRBENJAMIN J.F. CRUZ, VICE SPEAKER Chainnan, Connmttee on General Government Operaticns

a00 Culrural Affairs Web Address: www scnatcrbjcruzccm

1 AflNA 'TRENL41 IXJS Jl/ALIHESLAJTJR,J.N GU4HAN The 32nd Guam Legislature • senatoi(il)senatOibi=corn

155 Hesler Place, Hagptnfl, Guam 96910 Teleµ,ooe (671)477-252CV! •Fax (671)477-2522

PUBLIC HEARING SIGN-IN SHEET Friday, December 13, 2013 - 2:00PM

I Liheslatura • Public Hearing Room • Hagatfla, Guam

Bill No. 233-32 (COR) - M.F.Q. San Nicolas - An act to require a period for public comment at every public meeting of an agency or instrumentality of the Government of Guam, by adding a new §8117 to Chapter 8, Title 5, Guam Code A1motated.

AGENCY OR POSITION TESTIMONY

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OWNER:

DATE

Bill #233-32

I am in foll support of Bill #233-32 due to the fact that there are areas in the law that Board officials and their legal counsel can interpret as "the public can attend meetings, but doesn't give

them the right to participate." Nowhere in Guam Law does it mandate that public comment MUST be sanctioned. Personally, I have been in situations where legal counsel (specifically of the Guam Board of Allied Health Examiners) has told me that there is nowhere in the law that

allows me to speak, only to attend and hear matters that officials discuss.

I think it is pertinent to give room for public comment to the people of Guam, and that it should be consecrated into law so that Board officials cannot say otherwise. lbere are areas in the Jaw that protects Board officials from unruly participants and behavior from the audience, the only

thing lacking is the time for the people of Guam to speak.

Sincerely,

Ruha Sabeti

Resident ofTamuning

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COfi,ffi,fITTEE ON RULES I 1'"fi11r1'trc11tr1i lJos 1111 Li!1cslat11r1111 Gttt'i/11111 • -rhe 32nd c;u~1n1 t_c•gislature 155 f-lt<>ler PLice, l-I:ig;\tf1a, ( ;u~un 96910 • UJil'U'-f(l!:UJ1-!t;i{i,(!flt urc.conz E-n1aiI: rrn:y/t)t}!/fllfl1~1_~~1n:zil.(0Ht •]Cl: (671)472~7679 • F,1x: (671

Senator Rory J. Respido

CHAIRPEHSON

MAJORITY LEADER

Senator Thomas C. Ada

VICE CHAIRPERSON

ASSISTAN1 MAJORITY LEADER

Senator Vicente (Ben) C. Pangelinan

Member

Speaker Judith T.P. Won Pat, Ed.D.

vlember

Senator Dennis C. Rodriguez, Jr.

Member

Certification of

Waiver of

Fiscal Note Requirement

This is to certify that the Committee on Rules submitted to the Bureau ui

Budget and Management Research (BBMR) a request for a fiscal note, or

applicable waiver, on BILL NO. 233-32 (COR), "AN ACT TO REQUIRE A PERIOD FOR

PUBLIC COMMENT AT EVERY PUBLIC MEETING OF AN AGENCY OR INSTRUMENTALITY

Vice-Speaker OF THE GOVERNMENT OF GUAM, BY ADDING A NEW §8117 TO CHAPTER 8, TITLE 5, Benpmin J.F Cruz

Member GUAM CODE ANNOTATED." on December 13, 2013. COR hereby certifies that

Legislative Secretary Tina Rose Mut1a Barnes

Member

Senator Fr,mk Blas Aguon, Jr.

\!1e1nber

Send tor Michdel F.Q S,m Nicolas

V1ernber

Senator V. i\nthonv Ada

vlember MINORllY LEADER

Send tor /\line '{an1~1shita

Member

BBMR confirmed receipt of this request December 16, 2013 at 10:35 AM.

COR further certifies that a response to this request was not received.

Therefore, pursuant to 2 GCA §9105, the requirement for a fiscal note, or

waiver thereof, on Bill 233-32 to be included in the committee report on said

bill, is hereby waived.

Certified by:

Senator Rory J. Respicio Chairperson, Committee on Rules

January 27, 2014 Date

J 1tfi11a'treu1tzi Do" 11a Lilusfiltura11 Gua!um •The 32nd Cu am Legislatur1' l '55 Hc:-ilcr Place, 1:-Iagiitfla, (;llaln 969 I 0 • u'n'U'.J{U/t1nlcs.,Jislztfrre.to1n

· E·nuil: rmyfo;•J?u.:zrn\[l,1w:iLir1m• Td: )472·'679 •Fax: (671

Senator Rory J. Respicio

CJiAlRPERSO'>i

MAIORITY LEADER

Senator Thomas c-. i\da

VICE CHAIRPERSO'\

Assis TANT MAJORITY LEADER

Senator Vicente (Ben)('. Pangetindn

Member

Speaker Judith T.P Won Pat. Ed.D.

Member

Send tor Di'nnis G. Rodriguez. Jr.

Member

Vice~Speaker

Ben1Jmin J.F. Cruz Member

l,t1gislative Secretary Tine1 Rose 'vtuila BMnes

Member

Senator Frank BLls Aguon, Jr.

\1ember

Senator Michael F.Q. San Nicol:1s

Member

Sen,}tor V. Anthonv Ada

Member Ml~ORITY LEAU[R

Sena ti.Jr ,;\line Yan1ashita

iv1e1nher

December 13, 2013

John A. Rios Director Bureau of Budget & Management Research P.O. Box 2950 Hagatiia, Guam 96910

RE: Request for Fiscal Notes- Bill Nos. 231-32 (COR), 232-32(COR), 233-32 (COR), 234-32 (COR) and 235-32 (COR)

Hafa Adai Mr. Rios:

Transmitted herewith is a listing of l 1'v1in11'trentai Dos 1111 Liheslatumn Gutlhan's most recently introduced bills. Pursuant to 2 GCA §9103, I respectfufly request

the preparation of fiscal notes for the referenced bills.

Si Yu 'os tna'tl;::;c' for your attention to this matter.

Very ·rruly Yours,

Senator Rory J. Respicio Chairperson t'.f the Con1n1ittee on Rules

Attachment (1)

Cc: Clerk of the Legislature

! !

~~~~,--~~~~~~-,-~~~~~~~~~~~~~~~~~~~~~~~

I ,

I Bill Nos. I Sponsor

I ~;~~: I TR ""'' '""'"

232-32 (COR) T.R. Muna Barnes

I

233-32 Michael F. Q. Sau (COR) Nicolas

' I I

234-32 Michael f. Q. San (COR) Nicolas

i

235-32 Vicente (ben} C. (COR) Pangelinan I

i

Title

An act to rezone Lot no. Z2, Block no. 4, Tract no. 170, West Acres snbdivision, Dededo, Guam from single-family dwelling (R-1) to

multiple-family dwelling (R-2).

An act to rezone Lot no. 23, Block no. 4, Tract no. 170, West Acres SU bd" . . D d d G f . I ~ I d I IVISIOil, e e o, uam romsmge-amiy weling(R-l)to

multiple-family dwelling (R-2).

An act to require a period for public comment at every public meeting of an agency or instrumentality of the government of Guam, by

adding a new §8117 to chapter 8, title 5, Guam Code Annotated.

AN ACT TO REQUIRE THAT THE OFFICE OF TECHNOLOGY ESTABLISH A PROTOCOL TO

BACK-UP CRITICAL ELECTRONIC DATA NECESSARY FOR THE EFFICIENT OPERATION

OF AGENCIES BY ADDING A NEW SUBSECTION (I) TO §20204.1 OF ARTICLE 2,

CHAPTER 20, TITLE 5, GUAM CODE ANNOTATED.

AN ACT TO ADDA NEW SECTION 19 TO PART I, CHAPTER II OF PUBLIC LAW 3Z-068 AND TO AMEND SECTION 1303, CHAPTER 1,

ARTICLE 3, TITLE 5 OF THE GUAM CODE ANNOTATED, RELATIVE TO UPHOLDING THE INTENT OF I LIHESLATURA'S ANNUAL

APPROPRIATIONS TO THE GUAM DEPARTMENT OF EDUCATION (GDOE) FOR EVERY FISCAL YEAR AND FOR FUNDING THE REPAIR

AND/OR RENOVATION OF SIMON SANCHEZ HIGH SCHOOL AND FOR OTHER FACILITIES AND MAINTENANCE NEEDS OF THE GDOE.

I

I

COA-1~1ITTEE ON RULES \/ A,f/1111'lrc11tai J)os 11a Lil1esla!11r1111 Gu1iha11 • 'fhe 32nd c;udnl Legislature

155 Hesler PhKe, Hagau\a, Ctwn 96910 • 1rn·11·.\;11<1.•nkf:isl,11un<1om

E-111ail: •TC!:

Send tor Rory J. Respicio

CHAIRPERSON

MAJORllY LEADER

Senator ThomasCAda

VICE CHAIRPERSON

ASSISTANT MAJORl'IY LEADER

Senator Vicente (Ben) C Pangelinan

Member

Speaker Judith TP Won Pal, Ed.D.

Member

Senator Dennis G. Rodriguez, Jr.

Member

Vice-Speaker Benjamin J.P. Cruz

Member

Legislative Secreh1ry Tina Rose Muf'ia Barnes

Member

Senator Frank Blas Aguon, Jr.

Member

Senator Michael F.Q. San Nicolas

Member

Senator V Anthony Ada

Member MINOHITY LEADER

Senator .A.line Y;:in1ashita

Member

December 4, 2013

MEMORANDUM

To:

From:

Rennae Meno Clerk of the Legislature

Attorney Therese M. Terlaje Legislative Legal Counsel

Senator Rory J. Respicio Chairperson of the Con-tn1ittee 011 Rules

Subject: Referral of Bill No. 233-32(C0R)

As the Acting Chairperson of the Committee on Rules, I am forwarding my referral of Bill No. 233-32(COR).

Please ensure that the subject bill is referred, in my name, to the respective committee, as shown on the attachment. I also request that the same be forwarded to all members of I Mina'trentai Dos na Liheslaturan Guiihan.

Should you have any questions, please feel free to contact our office at 472-7679.

Si Yu'os Ma'flsc!

Attachment

12112113 Senator BJ Cruz Mail - FIRST NOTICE of Public Hearing -Oecember 13, 2013

* I

FIRST NOTICE of Public Hearing - December 13, 2013

Tessa Weidenbacher <tessa@senatorbjcruz.com> To: phnotice@guamlegislature.org

Thu, Dec 5, 2013 at 1 :31 PM

Cc: cor@guamlegislature.org, mis <mis@guamlegislature.org>

December 5, 2013

MEMORANDUM

To: All Members /All Senators

From: Vice Speaker Benjamin J.F. Cruz, Chairman

Re: FIRST NOTICE of Public Hearing - December 13, 2013

Hara Adatl The Committee on General Go\ernment Operations and Cultural Affairs will conduct a Public Hearing of Bills beginning at 2:00PM and a Confirmation Hearing beginning at S:OOPM on Friday, December 13, 2013, in the I Uheslatura Public Hearing Room with the following agenda:

2:00PM - Public Hearing of Bills

• Bill No. 214-32 (COR) - M.F.Q. San Nicolas -An act to allow employees of Go\ernment of Guam agencies and instrumentalities to apply payroll deductions to registered non-profits, by amending §20111 of Article 1, Chapter 20, Title 5, Guam Code Annotated.

• Bill No. 220-32 (LS) - RJ. Respicio I T.R Muna Barnes I J.T. Won Pat, Ed.D. -An act to require the Mayors Council of Guam (MCOG) and the Guam En\hronmental Protection Agency (GEPA) to collaborate on dewlopment of an operational plan for the implementation of this act, and to appropriate Two Million Dollars ($2,000,000) from the recycling re\-01\hng fund to the Mayors Council of Guam for the purchase of heavy equipment to be utilized by the MCOG for that collection and disposal of recyclables, junk cars, green waste and other debris.

• Bill No. 224-32 (COR) - T.C. Ada I RJ. Respicio - An act to amend §5425, §5426, §5427, §5450, §5452, §5480, §5481, §5485(a) and §5485(b) of Article 9, and §5703, §5705, §5706(b), §5707(a), and §5708 of Article 12, Chapter 5, Title 5 of the Guam Code Annotated relati\e to clarifying legal and contractual remedies in Guam Procurement Law.

• Bill No. 227-32 (COR) T.C. Ada I RJ. Respicio-An act to authorize the creation of the Guam Streetlight Authority to issue bonds to finance the purchase and installation of new LED streetlights.

• Bill No. 229-32 (COR) - M.F.Q. San Nicolas -An act to require that the Office of Technology establish a web-based meeting protocol to allow agencies to hold non-public meetings remotely by adding a new subsection (k) to §20204. 1 of Article 2, Chapter 20, Title 5, Guam Code Annotated.

• Bill No. 230-32 (COR) M F.Q. San Nicolas -An act to require that the Office of Technology establish a secure web-based communications protocol to allow agencies to securely share information with authorized recipients by adding a new subsection 0) to §20204. 1 of Article 2, Chapter 20, Title 5, Guam Code Annotated.

• Bill No. 233-32 (COR) - M F. Q. San Nicolas An act to require a period for public comment at every public meeting of an agency or instrumentality of the Government of Guam, by adding a new §8117 to Chapter 8, Title 5, Guam Code Annotated.

5:00PM ·Confirmation Hearing

• The Executive Appointment of Donna W. Kloppenburg as Performing Arts Member of the Council on the Arts and Humanities Agency.

httns · /Jm:'!i! o 0CX1 le. com/mai l/u/1/?ui=2&! k= f209f2ec0e&...,ew= ot&search= i nbox&.msq = 142c0cf0517d11 Oe 1/2

12112113 Senatur BJ Cruz Mail - FIRST NOTICE of Public Hearing - December 13, 2013

Testimonies may be submitted via hand deli\ery to the Office of Vice Speaker Benjamin J.F Cruz at the Guam Legislature; via postal mail to 155 Hesler Street, Hagatna Guam 96910; via facsimile to 477-2522; or via e-mail to senator@senatorbjcruz.com. Please submit testimonies at least one day prior to the date of the hearing.

All go\emment activities, programs, and services are accessible for people with disabilities in compliance with Title II of the Americans with Disabilities Act (ADA). Should you or interested parties require assistance or special accommodations to fully participate in this public hearing, please contact Mr. Carlo J. Branch at the Office of the Vice Speaker at 477-2521 or via e-mail at carlo.branch@senatorbjcruz.com.

We look forward to your attendance and participation.

cc: COR MIS Media

n.b. The link for each item v.iJI open the pertinent document, e.g. Bi// as introduced, Executive M&C.

Tessa Weidenbacher /senior research analyst/

Vice Speaker Benjamin J.F. Cruz I Mina1rentai Dos Na Lihes/aturan Guahan Phone: (671) 477-2520/1 I Fax: (671) 477-2522 http://www.senatorbjcruz.com

2 attachments

1a 1st Notice PH 12132013.pdf 263K

1a 1st Notice PR PH 12132013.pdf 258K

212

12112113 Senator BJ Cruz Mail· SECOND NOTICE of Public Hearing -December 13, 2013 (AMENDED)

SECOND NOTICE of Public Hearing - December 13, 2013 (AMENDED)

Tessa Weidenbacher <tessa@senatorbjcruz.com> To: phnotice@guamlegislature.org

Wed, Dec 11, 2013 at 1:30 PM

Cc: cor@guamlegislature.org, mis <mis@guamlegislature.org>

December 11, 2013

MEMORANDUM

To: All Members I All Senators

From: Senator llna R. Muna Barnes. Acting Chair

Re: SECOND NOTICE of Public Hearing - December 13, 2013

Hara Ada11 The Committee on General Government Operations and Cultural Affairs will conduct a Public Hearing of Bills beginning at 2:00PM and a Confirmation Hearing beginning at 5:00PM on Friday, December 13, 2013, in the I Liheslatura Public Hearing Room with the following agenda:

2:00PM - Public Hearing of Bills

• Bill No. 214-32 (COR)- M.F.Q. San Nicolas -An act to allow employees of government of Guam agencies and instrumentalities to apply payroll deductions to registered non-profits, by amending §20111 of Article 1, Chapter 20, lltle 5, Guam Code Annotated.

• Bill No. 220-32 (LS) - R.J. Respicio I T.R. Muna Barnes I J.T. Won Pat, Ed.D. -An act to require the Mayors Council of Guam (MCOG) and the Guam Environmental Protection Agency (GEPA) to collaborate on development of an operational plan for the implementation of this act, and to appropriate Two Million Dollars ($2,000,000) from the recycling re"°lving fund to the Mayors Council of Guam for the purchase of heavy equipment to be utilized by the MCOG for that collection and disposal of recyclables, junk cars, green waste and other debris.

• Bill No. 224-32 (COR) - T.C. Ada I R.J. Respicio - An act to amend §5425, §5426, §5427, §5450, §5452. §5480, §5481, §5485{a) and §5485{b) of Article 9, and §5703, §5705, §5706(b). §5707(a), and §5708 of Article 12, Chapter 5, lltle 5 of the Guam Code Annotated relative to clarifying legal and contractual remedies in Guam Procurement Law.

• Bill No. 227-32 (COR) - T.C. Ada I R.J. Respicio - An act to authorize the creation of the Guam Streetlight Authority to issue bonds to finance the purchase and installation of new LED streetlights.

• Bill No. 229-32 (COR) - M.F.Q. San Nicolas -An act to require that the Office of Technology establish a web-based meeting protocol to allow agencies to hold non-public meetings remotely by adding a new subsection (k) to §20204.1 of Article 2, Chapter 20, lltle 5, Guam Code Annotated.

• Bill No. 230-32 (COR) - M.F.Q. San Nicolas -An act to require that the Office of Technology establish a secure web-based communications protocol to allow agencies to securely share information with authorized recipients by adding a new subsection ij) to §20204. 1 of Article 2, Chapter 20, lltle 5, Guam Code Annotated.

• Bill No. 233-32 (COR) M.F.Q. San Nicolas -An act to require a period for public comment at every public meeting of an agency or instrumentality of the Government of Guam, by adding a new §8117 to Chapter 8, lltle 5, Guam Code Annotated.

5:00PM - Confirmation Hearing

• The Executi>e Appointment of Donna W. Kloppenburg as Performing Arts Member of the Council on the Arts and Humanities Agency.

https://mail.goog!e.comtrnai!/u/1/?ui=2&ik,:::f209f2ec0e&view=pt&search=inbox&msg=142dfb4e60e40336 112

12112113 Senator BJ Cruz Mail - SECOND NOTICE of Public Hearing -December 13, 2013 (AMENDED)

Testimonies may be submitted via hand deli\efy to the Office of Vice Speaker Benjamin J.F Cruz at the Guam Legislature; "1a postal mail to 155 Hesler Street, Hagatiia Guam 96910; "1a facsimile to 477-2522; or via e-mail to senator@senatorbjcruz.com. Please submit testimonies at least one day prior to the date of the hearing.

All government activities, programs, and ser\Aces are accessible for people with disabilities in compliance with Title II of the Americans with Disabilities Act (ADA). Should you or interested parties require assistance or special accommodations to fully participate in this public hearing, please contact Mr. Carlo J. Branch at the Office of the Vice Speaker at 477-2521 or \Aa e-mail at carlo.branch@senatorbjcruz.com.

We look forward to your attendance and participation.

cc: COR MIS Media

n.b. The link for each item v.ill open the pertinent document, e.g. Bill as introduced, Executive M&C.

Tessa Weldenbacher /senior research analyst/

Vice Speaker Benjamin J.F. Cruz I Mina1rentai Dos Na Uheslaturan Guahan Phone: (671) 477-2520/1 I Fax: (671) 477-2522 http://www.senatorbjcruz.com

2 attachments

~ 2nd Notice PH 12132013.pdf 245K

4if'l 2nd Notice PR PH 12132013.pdf IC! 258K

https://mail.google.comlmai//u/11?ui"2&ik=f209l2ecOe&"evr-pt&search"inbox&msg"142dfb4e60e40336 212

SE'NAJDR BENJAMIN J.F. C'Rl.J?, VICE SPEAK.ER Chllirnan, Cmmiittre on Gmcral Gow:mmcrt (\xratirns

an:!~ WroAddress• www.~puz.can

I MINA 'TRE!VlAI ros N4 LJHESLlTUR4N GUAHAN Th<: 32nd Guam Legjslatixe • S<:mll)!(ij;=Wo!bjcruz.com

155 HderPkiao. l~ Guom 96910 Tclq:hme (671)477-252fY! • F<K (671)477-2522

PUBLIC HEARING AGENDA Friday, December 13, 2013

I Liheslatura • Public Hearing Room • Hagatfta, Guam

Public Hearing of Bills - 2:00PM

Bill No. 214-32 (COR) - M.F.Q. San Nicolas - An act to allow employees of government of Guam agencies and instrumentalities to apply payroll deductions to registered non-profits, by

amending §20111 of Article 1, Chapter 20, Title 5, Guam Code Annotated.

Bill No. 220-32 (LS) - R.J. Respicio/ T.R. Muiia Barnes/ J.T. Won Pat, Ed.D. - An act to require the Mayors Council of Guam (MCOG) and the Guam Environmental Protection Agency (GEPA) to collaborate on development of an operational plan for the implementation of this act, and to appropriate Two Million Dollars ($2,000,000) from the recycling revolving fund to the Mayors

Council of Guam for the purchase of heavy equipment to be utilized by the MCOG for that collection and disposal of recyclables, junk cars, green waste and other debris.

Bill No. 224-32 (COR) - T.C. Ada / R.J. Respicio - An act to amend §5425, §5426, §5427, §5450, §5452, §5480, §5481, §5485(a) and §5485(b) of Article 9, and §5703, §5705, §5706(b), §5707(a), and

§5708 of Article 12, Chapter 5, Title 5 of the Guam Code Annotated relative to clarifying legal and contractual remedies in Guam Procurement Law.

Bill No. 227-32 (COR) - T.C. Ada/ R.J. Respicio - An act to authorize the creation of the Guam Streetlight Authority to issue bonds to finance the purchase and installation of new LED

streetlights.

Bill No. 229-32 (COR) - M.F.Q. San Nicolas - An act to require that the Office of Technology establish a web-based meeting protocol to allow agencies to hold non-public meetings remotely

by adding a new subsection (k) to §20204.1 of Article 2, Chapter 20, Title 5, Guam Code Annotated.

Bill No. 230-32 (COR) - M.F.Q. San Nicolas - An act to require that the Office of Technology establish a secure web-based communications protocol to allow agencies to securely share

information with authorized recipients by adding a new subsection G) to §20204.1 of Article 2, Chapter 20, Title 5, Guam Code Annotated.

Bill No. 233-32 (COR) - M.F.Q. San Nicolas - An act to require a period for public comment at every public meeting of an agency or instrumentality of the Government of Guam, by adding a

new §8117 to Chapter 8, Title 5, Guam Code Annotated.

Confirmation Hearing - 5:00PM

The Executive Appointment of Donna W. Kloppenburg as Performing Arts Member of the Council on the Arts and Humanities Agency.