SENATORBENJAMJN J.F.CRUZ,VICESPEAKER A~:2.'A. I Ml\.4 ''/'f(f.'\'1:4/ U\1 N-1 LiHfSIA'l'I RA\ Gt 4H..t \ Chairman.Committee on Youth.Cultural Affairs, Procurement, The 31 51 Guam Legislature• senator@senatorb1cruz.com

General Government Operations.and Public Broadcasting. 155 Hesler Place, Hagatna, Guam 96910 Web Address: www.senatorbjcruz.com Telephone: (671) 477-2520/1 •Fax: (671) 477-2522

May 23, 2012

The Honorable Judith T. Won Pat Speaker I Mina' Trentai Unu Na Liheslatuaran Guahan 31st Guam Legislature 155 Hesler Place Hagatna, Guam 96910

VIA:

RE:

The Honorable Rory J RespiciM A~ Chairperson, Committee onJful~ -

Committee Report on Bill No. 445-31 (COR)

Dear Speaker Won Pat:

:: ~ ·- -J.:::

Transmitted herewith is the Report of Committee on Youth, Cultural Affairs, Procurement General Government Operations and Public Broadcasting on Bill No. 445-31 (COR) - J.P. Guthertz, DPA-"An act to repeal and reenact Chapter 12 of Title 5, Guam Code Annotated, relative to the modernization and rightsizing commission of the government of Guam and repealing antiguated, unfunded and/or underutilized statutes or administrative rules." Sponsored by J. P. Guthertz DP A, and referred to the Committee on Youth, Cultural Affairs, Procurement, General Government Operations and Public Broadcasting.

Committee votes are as follows:

TO DO PASS

TO NOT PASS

TO REPORT OUT ONLY

TO ABSTAIN

TO PLACE IN INACTIVE FILE

SENATORBENJAMIN J.F.CRUZ,VICESPEAKER ~~~ I Mt\i 'rn1:.\r-1t U\t N-i L!mst.A n R-1 \Gt .iH-1 \ Chairman.Committee on Youth.Cultural Affairs, Procurement, The 31 st Guam Legislature• senator@senatorbjcruz.com

General Government Operations.and Public Broadcasting. 155 Hesler Place, Hagatna, Guam 96910 Web Address: www.senatorbjcruz .com Telephone: (671) 477-2520/1 •Fax: (671) 477-2522

COMMITTEE REPORT

ON

Bill No. 445-31 (COR)

Bill No. 445-31 (COR) - J.P. Guthertz, DP A-" An act to repeal and reenact Chapter 12 of Title 5, Guam Code Annotated, relative to the

modernization and rightsizing commission of the government of Guam and repealing antiquated, unfunded and/or underutilized

statutes or administrative rules."

SENATORBENJAMIN J.F.CRUZ,VICESPEAKER A~,,... I Mt\'A ''l'J(f,'\Tll U\1 N 4 LtHfSL4Tt Hi\ GI .4HH Chairman.Committee on Youth, Cultural Affairs. Procurement, The 31st Guam Legislature• senator@senatorb1cruz.com

General Government Operations.and Public Broadcasting. 155 Hesler Place, Hagatna, Guam 96910 Web Address: www.senatorbjcruz.com Telephone: (671) 477-2520/1 •Fax: (671) 477-2522 ---

May 23, 2012

MEMORANDUM

TO: All Members Committee on Youth, Cultural Affairs, Procurement, General Government Operations and Public Broadcasting

FROM: Vice Speaker Benjamin J.F. Cruz

SUBJECT: Committee Report on Bill No. 445-31(COR)

Transmitted herewith for your consideration is the Committee Report on Bill No. 445-31 (COR) - J.P. Guthertz, DPA-"An act to repeal and reenact Chapter 12 of Title 5, Guam Code Annotated, relative to the modernization and rightsizing commission of the government of Guam and repealing antiguated, unfunded and/or underutilized statutes or administrative rules."

This report includes the following:

• Committee Vote Sheet • Committee Report Digest • Bill No. 445-31 (COR) • Written Testimony • Public Hearing Sign-in Sheet • COR Referral of Bill No. 445-3 l(COR) • Fiscal Note Requirement • Notices of Public Hearing • Public Hearing Agenda

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.

Very truly yours,

-· · ~ - -- - - ·· - , .- ---:: -: ··

SENATOR BENJAMIN J.F.CRUZ, VICESPEAKER A~~ !Mt\4 ''/'Rf.' \ '/'i/ U \1 Ni LiH1;:S'l.·1'l'l HA \ Gt iH.4 \ Chairman.Committee on Youth.Cultural Affairs, Procurement, The 31 51 Guam Legislature• senator@senatorbjcruz.com

General Government Operations.and Public Broadcasting. 155 Hesler Place, Hagatna, Guam 96910 W e b Address: www.senatorbjcruz .com Telephone: (671) 477-2520/1 •Fax: (671) 477-2522

~~~- ~

COMMITTEE VOTING SHEET

Bill No. 445-31 (COR)- J.P. Guthertz, DPA-"An act to repeal and reenact Chapter 12 of Title 5, Guam Code Annotated, relative to the modernization and rightsizing commission of the government of Guam and repealing antiguated, unfunded and/or underutilized statutes or administrative rules."

SIGNATURE TO DO

COMMITTEE MEMBERS

CRUZ, BENJAMIN J.F.

Chairperson MUNA BARNES, TINA ROSE

Vice-Chairperson

WON PAT, JUDITH T. Speaker and Ex-Officio Member

ADA, THOMAS C.

Member

,

GUTHERTZ, JUDITH P. ["" J / L.,,. _, Member \ ~~ ""' RESPICIO, RORY J. _).~./1/v Member / - .

RODRIGUEZ, DENNIS G. /\ _ /

JR lYV Member

ADA, V. ANTHONY

Member

DUENAS, CHRISTOPHER

Member

MABINI, SAM

Member

YAMASHITA, ALINE

Member

PASS TO

NOT PASS

TO REPO

RT OUT

ONLY ,,/

/·

-~·0ki~

I I

TO ABSTAIN

TO PLACE

IN INACT

IVE FILE

SENATOR BENJAMIN J.F.CRUZ.VICESPEAKER A~l1.~ I Mt\4 ''/'Rf.' \T4/ U\t Ni LtHfS/,,4'/'l 'N-1 \GI .-I H-1 \ Chairman.Committee on Youth.Cultural Affairs, Procurement, The 31 st Guam Legislature • senator@senatorbjcruz.com

General Government Operations.and Public Broadcasting. · 155 Hesler Place, Hagatna, Guam 96910 Web Address : www.senatorbjcruz.com Telephone: (671) 477-2520/1 •Fax : (671) 477-2522

Committee Report Digest

I. OVERVIEW The Committee on Youth, Cultural Affairs, Procurement, General Government Operations and Public Broadcasting convened a public hearing on April 17th, 2012 at 9:00 a.m. in the Public Hearing Room of I Liheslatura. Among the items on the agenda was the consideration was Bill No. 445-31 (COR)- J.P. Guthertz, DPA-"An act to repeal and reenact Chapter 12 of Title 5, Guam Code Annotated, relative to the modernization and rightsizing commission of the government of Guam and repealing antiquated, unfunded and/or underutilized statutes or administrative rules."

Bill No. 445-31 would mandate that the Government of review all antiquated, unfunded and/or underutilized statutes or administrative rules currently in code. The supposition is that the government would save money by getting rid of unfunded mandates.

Public Notice Requirements

All legal requirements for public notices were met, with requests for publication sent to all media and all senators on April 101

h, 2012 and April 15th, 2012 via email. Copies of the hearing notices are appended to the report.

Senators Present

Vice Speaker Benjamin J.F. Cruz, Chairperson Speaker Judith T. Won Pat EdD, Member Senator Rory Respicio Committee Member Senator Thomas Ada, Committee Member Senator V. Anthony Ada Committee Member Senator Mana Silva Taijeron Committee Member Senator Judith P. Guthertz DPA Committee Member

The public hearing was called to order at 9:00 a.m.

II. SUMMARY OF TESTIMONY AND DISCUSSION Senator Guthertz provided the following opening statement for the measure;

SENATOR BENJAMIN J.F. CRUZ. VICESPR.\KER Chairman,Committee on Youth, Cultural Affairs, Procurement General Government Operations.and Public Broadcasting.

Web Address: www. senatorbjcruz. com

I AfI:\>l 'TRE\Tll Uvl Ni L!JtLSLJ Tf R.t' Gr 111_.t\ The 31st Guam Legislature• senator@senatorbjcruz.com

155 Hesler Place, Hagatna. Guam 96910 Telephone: (671) 477-2520/1 •Fax: (671) 477-2522

This Bill simply would provide a mechanism for the government of Guam to review all of the laws, statutes, rules and regulations of the government of Guam inclusive of all line department and agencies, autonomous agencies, public corporations or anything else tied to the government of Guam in order to determine which of these laws should be repealed or rewritten to make them workable if still needed.

In doing the research for this Bill, I discovered that we have not had a comprehensive review of all of the legal mandates of the government of Guam that have accumulated since august 151, 1950. It's time we do this. Because if we actually review all of the laws and statues and rules and regulations of the departments and agencies, I am sure we will be able to enhance the objective of modernizing our government and streamlining our government and begin to focus on the things that are important for the government to do at this point in time in Guam's history and for the foreseeable future.

This bill provides a mechanism to do that, and basically it will start at the agency level and the agencies and departments will be responsible for reviewing their mandates and making recommendations to this commission which would then formalize those recommendations and forward them to the legislature.

After the initial reporting of the recommendations, this process would occur every three years, so we would never find ourselves in a situation where we have all these laws and rules and regulations in place that are costly or unfunded or may not the best interest of the people of Guam at this point in time.

This is a tool, an important tool for any governor of Guam to have and at the same time it is also consistent with the focus of this legislature, the executive branch and even the court system in trying to really bring the government of Guam to a point of performance, accountability and structure that is responsive to the needs of the people. And that is really the intent of this Bill.

Ill FINDINGS AND RECOMMENDATIONS

The Committee on Youth, Cultural Affairs, Procurement, General Government Operations and Public Broadcasting to which was referred Bill No. 445-31 (COR) - J.P. Guthertz, DPA-"An act to repeal and reenact Chapter 12 of Title 5, Guam Code Annotated, relative to the modernization and rightsizing commission of the government of Guam and repealing antiquated, unfunded and/or underutilized statutes or administrative rules." hereby submits these findings to I Mina' Trentai Unu na Liheslaturan Guahan and reports out Bill No. 445-31(COR) with a recommendation TO REPORT OUT ONLY.

I MINA 'TRENTAI UNU NA LIHESLATURAN GUAHAN 2012 (SECOND) Regular Session

Bill No.f'5<f:.31 { t!oJe}

Introduced by: L~~~-JudithP. Guv~ ~

1

2

AN ACT TO REPEAL AND REENACT CHAPTER 12 OF TITLE 5, GUAM CODE ANNOTATED, RELATIVE TO THE MODERNIZATION AND RIGHTSIZING COMMISSION OF THE GOVERNMENT OF GUAM AND REPEALING ANTIQUATED, UNFUNDED AND/OR UNDERUTILIZED ST A TUTES OR ADMINSTRA TIVE RULES.

BE IT ENACTED BY THE PEOPLE OF GUAM:

""

Section 1. Legislative Findings and Intent. I Liheslatura finds that two (2)

3 consecutive administrations did not implement the Modernization and Rightsizing Commission

4 of the Government of Guam for the 21 51 Century (COMRIGHT-21) which was first enacted in

5 the Spring of 2007 and later amended into its present form in the Fall of 2007. In the elapsed

6 time, the current administration has implemented a reorganization plan, citing its Organic Act

7 authority. I Liheslaturan Guiihan thus finds it necessary to revisit the COMRIGHT-21 and

8 amend its structure and focus. It is the intent of I Liheslaturan Guahan to provide all

9 departments, bureaus, agencies, commissions, or other instrumentalities, whether autonomous,

10 semi-autonomous, or non-autonomous in the Executive Branch of the government of Guam,

11 including all line agencies and the A.B. Won Pat International Airport Authority, the Port

12 Authority of Guam, the Guam Power Authority, the Guam Waterworks Authority, the Guam

13 Visitors Bureau, the Guam Housing and Urban Renewal Authority, and the Guam Economic

14 Development Authority a regular opportunity to revisit all laws and administrative rules and

15 regulations that affect the operation and purpose of its being through an internal audit in order to

1

1 recommend amendments to or the repealing of statutes or functions as contained in the Guam

2 Code Annotated, mandated by law or integrated via the Guam Administrative Rules and

3 Regulations that hamper the entities' core mission or that are antiquated, unfunded, underfunded

4 or contrary to the individual entity's function. This opportunity will be required on a triennial

5 basis. COMRIGHT-2 l shall serve as the clearinghouse for all recommendations submitted by

6 individual entities.

7 Section 2. Chapter 12 of Title 5, Guam Code Annotated, is hereby reenacted to read:

8 "MODERNIZATION AND RIGHTSIZING COMMISSION OF THE GOVERNMENT

9 OF GUAM FOR THE 21ST CENTURY (COMRIGHT-21)."

Title.

Definitions

Establishment of Modernization and Rightsizing Commission.

Purpose and Policy.

Agency Audit

COMRIGHT-21 shall serve as the clearinghouse

Membership ofCOMRIGHT-21.

Organization of COMRIGHT-21.

Duties of COMRIGHT-21.

Obtaining Information from Executive Branch Agencies.

Severability.

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§ 12101.

§ 12102.

§ 12103.

§ 12104.

§ 12104.1

§ 12104.2

§ 12105.

§ 12106.

§ 12107.

§ 12108.

§ 12109.

§ 12101. Title. This Chapter shall be known and cited as "The Government

22 Reorganization and Program Performance Improvement Act of 2012."

23 § 12102. Definitions. For the purposes of this Chapter:

24 (a) COMR/GHT-21 or the Commission shall mean The Modernization and

25 Rightsizing Commission of the government of Guam for the Twenty-first (21st) Century

26 and beyond.

27 (b) Entity shall mean any combination of all departments, bureaus, agencies,

28 commissions, or other instrumentalities, whether autonomous, semi-autonomous, or non-

29 autonomous in the Executive Branch of the government of Guam, including all line

30 agencies and the A.B. Won Pat International Airport Authority, the Port Authority of

2

1 Guam, the Guam Power Authority, the Guam Waterworks Authority, the Guam Visitors

2 Bureau, the Guam Housing and Urban Renewal Authority, and the Guam Economic

3 Development Authority.

4 § 12103. Establishment of Modernization and Rightsizing Commission. There

5 is hereby established The Moderniz.ation and Rightsizing Commission of the government of

6 Guam for the Twenty-first (21st) Century and Beyond (COMRIGHT-21).

7 § 12104. Purpose and Policy. The purpose of this Chapter is to promote

8 simplicity, economy, efficiency, moderniz.ation, and streamlining of the delivery of services by

9 all departments, bureaus, agencies, commissions, or other instrumentalities, whether

10 autonomous, semi-autonomous, or non-autonomous in the Executive Branch of the government

11 of Guam, including all line agencies and the A.B. Won Pat International Airport Authority, the

12 Port Authority of Guam, the Guam Power Authority, the Guam Waterworks Authority, the

13 Guam Visitors Bureau, the Guam Housing and Urban Renewal Authority, and the Guam

14 Economic Development Authority. This goal can be accomplished by:

15 (a) Determining which statutes or functions as contained m the Guam Code

16 Annotated, mandated by law or integrated via the Guam Administrative Rules and

17 Regulations hamper or are contrary to the core mission of individual entities, are

18 antiquated, unfunded, underfunded;

19 (b) Eliminating duplication of services, activities, and functions not necessary to the

20 efficient conduct of government through consolidation and integration; and

21 ( c) Promoting the moderniz.ation and streamlining of government consistent with the

22 public service needs of the citizenry by enhancing the skills of public service personnel

23 through continuous training and education.

24 COMRIGHT-21 shall serve as the clearinghouse for all recommendations submitted by

25 individual entities and provide the processes for the eventual disposition of suchd.

26 § 12104.1 Agency Audit of mandates, administrative rules, internal functions and

27 personnel. All administrators, directors or equivalent executives of all executive branch entities

28 shall, within ninety (90) days of enactment of this Act, review its organiz.ation's purpose,

29 structure and areas of responsibilities and all mandates relative to their respective entity for the

30 purpose of recommending amendments to, or the repealing of statutes or functions as mandated

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by law that hamper or are contrary to the core mission of individual entities or are antiquated,

unfunded, or underfunded.

As well, each organization shall identify unnecessary or additional positions and

accompanying qualifications required to fulfill its purpose and provide enhanced public service.

Upon review, agency heads shall compile and forward their findings to COMRIGHT21

for consideration. This review shall take place on a triennial basis.

§ 12104.2 COMRIGHT-21 shall serve as the clearinghouse. The Commission

shall serve as the clearinghouse for all recommendations submitted by individual entities and

provide the processes for the eventual disposition of such recommendations.

§ 12105. Membership of COMRIGHT-21. The COMRIGHT-21 Commission

shall be comprised of seven (7) members as follows:

(a) I Maga 'lahen Guahan or his designated representative who must be member of

his senior policy team or Cabinet;

(b) The Compiler of Laws, who shall serve as the Chairperson in the absence of I

Maga 'Lahen Guahan;

( c) A Member of the Mayor's Council of Guam (MCOG) who shall be appointed by

its President;

( d) The Attorney General of Guam or his designee;

( e) A Member of the General Public, appointed by the Speaker of I Liheslaturan

Guahan;

(f) The Director of the Civil Service Commission; and

(g) The Director of the Department of Administration; he shall serve as the Secretary

of the COMRIGHT-21.

The term of any appointee shall expire with the term m office of the respective

appointing authority unless he is reappointed.

§ 12106. Organization of COMRIGHT-21.

(a) I Maga 'Lahen Guahan shall coordinate the inaugural swearing-in of all members

of COMRIGHT-21 and schedule the Commission's first meeting within thirty (30) days

of passage of this Act.

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(b) The administrative support function of COMRIGHT-21 shall be assigned by I

Maga 'Lahen Guahan whose office shall provide administrative, clerical and professional

services and logistical support and resources and a meeting as requested by the

Chairperson of COMRIGHT-21.

(c) If necessary, the Office of the Governor may provide a budget request to I

Liheslatura on behalf ofCOMRIGHT-21.

(d) After its inaugural year, COMRIGHT-21 shall convene on a Triennial basis and

no later than April l of each designated year. All successor Governors that fall within the

designated year of each subsequent convening of the COMRIGHT-21 shall coordinate

the composition and swearing-in of all members of COMRIGHT-21 and schedule each

subsequent Commission's first meeting no later than April 1 of each respective year.

§ 12107. Duties of COMRIGHT-21.

(a) COMRIGHT-21 shall review the recommendations of the heads of all

departments, entities to amend, repeal or enact statutes relative to their respective entity

as contained in§ 12102.l(a)(b)(c).

(b) Upon review, the Commission shall conduct public hearings, pursuant to the

provisions of the open government law, for each entity for the purposes of consulting

with public officers and their employees and the general public and reconciling

conflicting interests that arise from modernization and streamlining or any suggested

repeal or enactment of law.

(c) After the requisite public hearings, COMRIGHT-21 shall adopt, reject or amend

the findings of the respective agencies and forward their recommendations to the Speaker

of I Liheslaturan Guahan and the respective member and chairperson of I Liheslatura 's

standing committee with oversight over each entity for action.

( d) In its review of government agencies and in proposing reforms pursuant to this

Chapter, COMRIGHT-21 shall consider and make use of such studies and

recommendations as may be presented to it by each respective entity with respect to

enhancing the performance of the agencies or programs and services for the island

community.

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( f) COM RI GHT-21 may also as part of its function recommend to I Maga 'la hi and I

Liheslatura the merger, coordination, consolidation, or integration of departments,

agencies, offices, instrumentalities, and functions of the government, and the transfer of

functions, appropriations, equipment, property, records and personnel from one (1)

department, agency, office or instrumentality to another.

(g) COMRIGHT-21 may recommend to I Maga'lahi and I Liheslatura the dissolution

or termination of departments, agencies, offices, instrumentalities, programs or functions

that are not necessary for the efficient conduct of government functions, services and

activities.

(h) COMRIGHT-21 may recommend to I Maga 'lahi and I liheslatura the

11 elimination or consolidation of overlapping and duplicative services, functions and

12 activities of the government.

13 (i) COMRIGHT-21 may recommend to I Maga'lahi and I Liheslatura the creation,

14 classification and dissolution of employment positions.

15 G) COMRIGHT-21 may recommend to I Maga'lahi and I Liheslatura the

16 standardization of salaries, materials and equipment throughout the goverrunent; suggest

17 changes to existing law; and create and submit new legislation to I Liheslatura in addition

18 to its triennial review of the various government entities.

19 § 12108. Obtaining Information from Executive Branch Agencies.

20 COMRIGHT-21 is authorized to obtain directly from any executive department, bureau, agency,

21 board, commission, office, public corporation, or instrumentality of the government of Guam via

22 written requests, any and all information needed to execute its functions. All requests for

23 information by COMRIGHT-21 shall have the benefit of the provisions of a Freedom of

24 Information Act (FOIA) Request.

25 § 12109. Severability. If any provision of this Act or its application to any person

26 or circumstances is held invalid, the invalidity shall not affect other provisions or applications of

27 this Act which can be given effect without the invalid provision or application, and to this end

28 the provisions of this Act are severable.

6

SENATORBENJAMIN J .F.CRUZ.VICESPEAKER I M J:\ A 'TH L'N'lAJ UvcN4 L11nsL4Tl 'RA ,\ ' Gl A IJA,\ " Chairman .Committee on Youth.Cultural Affairs, Procure ment, The 31 st Guam Legislature• senator@senator bjcruz. corn General Government Operations, and Public Broadcasting. 155 Hesler Place, Hagatna, Guam 96910

VVeb A ddress: vvvvvv. senatorbjcruz . corn Telephone: (671) 477-2520/1 •Fax : (671) 477-2522

• Bill No. 445-31 (COR) - J.P. Guthertz, DPA- An act to repeal and reenact Chapter 12 of Title 5, Guam Code Annotated, relative to the modernization

and rightsizing commission of the government of Guam and repealing antiquated, unfunded and/or underutilized statutes or administrative rules. Wednesday, May 9, 2012 at 9:00 a.m.

Name Agency/Organization Written Testimony Support Oppose Phone Contact Email ' I .. I

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:;:~~11 p rµt SUITE 300 GUAM JUDICIAL CENTER

1 20 WEST O'BRIEN DRIVE, HAGATNA, GUAM 969 10-5 1 7 4 www.guamsupremecourt.com

Telephone: (671 ) 475-3413 •Facsimile: (671) 475-3164

F. PHILIP CARBULLIDO Chief Justice of Guam

May 9, 2012

The Honorable Judith P. Guthertz, DPA Assistant Majority Leader Suite 301 155 Hesler Street Hagatfi.a, Guam 96910

Dear Senator Guthe11z:

Thank you for your invitation for the Judiciary to present testimony on Bill No. 445-3 l(COR), AN ACT TO REPEAL AND REENACT CHAPTER 12 OF TITLE 5, GUAM CODE ANNOTATED, RELATIVE TO THE MODERNIZATION AND RIGHTSIZING COMMISSION OF THE GOVERNMENT OF GUAM AND REPEALING ANTIQUATED, UNFUNDED AND/OR UNDERUTILIZED STATUTES OR ADMINISTRATIVE RULES, which you have introduced on April 18, 2012.

I have asked the Compiler of Laws Geraldine Cepeda and other members of my management team to review the legislation.

I regret this review will not be completed in time to present any testimony at the hearing being conducted this morning by Vice Speaker Benjamin J.F. Cruz, Chairperson of the Committee on Youth, Cultural Affairs, Procurement, General Government Operations and Public Broadcasting.

This input will be provided to you and Vice Speaker Cruz within the customary 10 day period after a hearing is conducted in which written testimonies may be submitted to the Committee and the sponsor of the legislation.

Thank you for your understanding.

cc: Vice Speaker Benjamin J.F. Cruz

Sense ramente,

)' -... \ --- ·· -"' \

·-~ . F. PHILIP CARBULLIDO Chief Justice of Guam

'

09:08 09 a.m. 05-21-2012 671 4722825

Bureau of Budget & Manage111ent Research Fiscal Note of Bill No. 445-31 (COR)

.t.N ACT TO REPEAL AND REENACT CHAPTER 12 OF TITLE 5, GUAM CODE ANNOTATED, RELATIVE TO THE MODERNIZATION AND RIGHTSIZING COMMISSIOS OF THE GOVERNMENT OF GUAM AND REPEALING ANTIQUATED, IUNFllNDED AND/OR UNDERUTILIZED STATUTES OR ADMINSTRATIVE RULES.

DeptJA&ency Affected: Bureau of Statistics & Plans Dept/Agency Head: Thomas A. Morrison

Department's General Fund (GF) appropriadoa(s) to date; Sl,218,0JJ

Department's Other Fund (Specify) appropriation(s) to date:

Total Department/Aaency AppropriatiOll(s) to date:

General Fund:

FY 2012 Unreserved Fund Balanc:e1 t~/?(;:{:~f t\~'.~;~~, ~·:'. ~::_;·;:~: :·;-:·: FY 2012 Adopted Revenues

FY 2012 Appro. (P.I, J0-196)

Sub-total:

Less appropriation In Bill

Total:

One Full Fl.seal Year

For Remainder ef FY 2012 FY 2tHJ FY 2014

General Fuad

(Specify Spc:tial Fune!)

Total

(if applicable)

$(}

1. Docs the bill contain "revenue generating" provisloas? II

$0

so

0

2. Is amount appropriated adequate to fund the iatent of the appropriation? / x I If no, what is the additional amount required? $ / 1 I

J. Docs t~e Bill establish a new pro1:ramfagency? If yes, will the program dupUcalc existing proeramstageocies? I 1 I Is thert a rederaJ mandate to establbh the programla1ency?

4. Will the enactment of this Bill nquire new physicaJ facilitles? S. \\lai Fiscal Note coordinated with the affected lept/a1ency? If no, indicate reason;

N/A NIA

NIA

$0

so S(J

so so

$0

so

$1,218,0JJ

\=><. : . . . . . .· ...... . ...

(Specify Spedal Fund):

Total:

so so so Sf!

$0 S4l

$(} SU

so $()

so so

FY 2015 FY 2016

so $0

$0 so

so

Yes l•I No Yes I I No

Yes !ti No Yes I I No Yes / x I No Yes ; t / No

fl I Yes I I No

, I 1 I Requested agmcy comments not received by dae date I I Other: ------------

~~ f\n:iYst:::C:~~~~~~Lm.Din=cro~r:~~~~=:g[T'l'"'ZOTZ'--, ;

Footnotes: If The Bill has a potential for additional fuadhag impact, however In its presut form that impact cannot be determined at this tiiM.

719

•

COMMITTEE ON RULES ':/Mina 'trentai Unu na Liheslaturan Gudhan • The 31st Guam Legislature I l 5 5 Hesler Place, Hagatila, Guam 96910 • u•u•w.guaml.egidature.com E-mail: >Y>1J:f0rguarn@~'<7"Mil.wm •Tel: (671 )472-7679 •Fax: (671)472-3547

---~--· . ----- ------ - - -

Senator May 21, 2012 Rory J. Respicio

CHAIRPERSON

-"1AJORJTY LEADER Memorandum

Senator Judith P. Guthertz

VICE CHAIRPERSON ASST. MAJORITY LEADER

MAJORITY MEMBERS:

Speaker Judith T. Won Pat

Vice Speaker Benjamin J. F. Cruz

Senator Tina Rose Muna Barnes LEGISLATIVE SECRETARY

MAJORITY WHIP

Senator Dennis G. Rodriguez, Jr.

ASST. MAJORITY WHIP

Senator I Thomas C. Ada

Senator Adolpho B. Palacios, Sr.

Senator vicente c. pangelinan

MINORITY MEMBERS:

Senator Aline A. Yamashita

ASST. MINORITY LEADER

Senator Christopher M. Duenas

To:

From:

Subject:

Hafa Adai!

Pat C. Santos Clerk of the Legislature

Senator Rory]. Re§Pi~­Majority Leader & Rules Chair

Fiscal Notes

Attached please find the fiscal notes for the bill numbers listed below. Please note that the fiscal notes, or waivers, are issued on the bills as introduced.

Bill No.: 383-31 (COR)

426-31 (COR) 444-31 (COR)

445-31 (COR) 450-31 (LS)

Please forward the same to MIS for posting on our website. Please contact our office should you have any questions regarding this matter.

Si Yu'os ma'ase'!

\ '

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\ )

l\ ,. r

09:07:02 a.m . 05-21-2012 219

• BUREAU OF BUDGET & MANAGEMENT RESEARCH OFFICE OF HIE GOVERNOR

Post Office Box 2950, Hag!ti\a Guam 96932

EDDIE BAZA CALVO GOVERNOR

RAY TENORIO LIEUTENANT GOVERNOR

Senator Rory J. Respicio Chairperson, Committee on Rules l Mina'trentai Unu na Liheslaturan Guahan The 31st Guam Legislature 155 Hesler Place Hagatna, Guam 96932

Ha/a Adai Senator Respicio:

MAY 14 2012 "'·

JOHNA. RIOS DIRECTOR

STEPHENJ.GUERRERO DEPUTY DIRECTOR

Transmitted herewith are Fiscal Notes on the following Bill Nos.: 426-31(COR), 444-31(COR), 445-31(COR and 450-31(LS) and a Waiver on Bill No. 383-3l(COR.

If you have any question(s), please do not hesitate to call the office at 475-9412/9106.

Enclosures

cc: Senator Vicente (ben) Pangelinan

•

COMMITTEE ON RULES 11\1ina'trentai Un:'_na Liheslaturan Gudhan ~The 315r Guam Lcgislacurc ·· 155 Hesler Place. Hagama, Guam 96910 • wu1w.giuzmkgislI.ture.;:om E-maJ: roryfmguam@~nail.com • Td: (671)472-7679 •Fax: (67 1)472-3547

' '

I Senator I

Rory J. Respicio CHAIRPERSON

MAJORITY LEADER I

S l enator

Judith P. Guthertz VICE CHAIRPERSON

ASST. MAJORITY LEADER

!

MAJORITY I MEMBERS: I

Speaker Judith T. Won Pat I

I Vice Speaker I

Benjamin J. F. Cruz

Senator I Tina Rose Muna Barnes j LEGISLATIVE SECRETARY l

MAJORITY WHIP

Senator Dennis G. Rodriguez,Jr.

1

ASST. MAJORITY WHIP

Senator

1 Thomas C. Ada I

Senator Adolpho B. Palacios, Sr.

Senator I viceme c. pangdinan

I MINORITY MEMBERS:

Senator I Aline A. Yamashita I

ASST. MINORITY LEADER

l Senator

Christopher M. Duenas

April 19, 2012

MEMORANDUM

To:

From:

Subject:

Pat Santos Clerk of the Legislature

Attorney Therese M. Terlaje Legislative Legal Counsel

Senator Rory J. Resplci~ Majority Leader & Kules Chair

Referral of Bill No. 445-31(COR)

As the Chairperson of the Committee on Rules, I am forwarding my referral of Bill No. 445-31 (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 Unu na Liheslaturan Guahan.

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

Si Yu 'os Ma 'ase!

(1) Attachment

BILL SPONSOR

NOS.

Judith P. 445-31 (COR)

Guthertz, DPA

Bill Introduced/History

4/19/2012 4:35 PM

TITLE

AN ACT TO REPEAL AND REENACT

CHAPTER 12 OF TITLE 5, GUAM CODE

ANNOTATED, RELATIVE TO THE

MODERNIZATION AND RIGHTSIZING

COMMISSION OF THE GOVERNMENT

OF GUAM AND REPEALING

ANTIQUATED, UNFUNDED AND/OR

UNDERUTILIZED STATUTES OR

ADMINSTRATIVE RULES

I Mina'Trentai Unu Na Liheslaturan Guahan Bill Log Sheet

DATE DATE 120 DAY CMTE REFERRED

INTRODUCED REFERRED DEADLINE

Committee on Youth,

4/18/12 1 :37 Cultural Affairs,

4/19/2012 Procurement, General p.m. Governmental Operations

and Public Broadcasting

PUBLIC DATE HEARING COMMIITEE STATUS

DATE REPORT FILED

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ii Ii l'I i q ii I,

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of 2

Chris Carillo <chris.carillo@senatorbjcruz.com>

5 Day Notice of Public Hearing- May 9th 2012

Chris Carillo <chris.carillo@senatorbjcruz.com> Wed, May 2, 2012 at 8:27 AM To: speaker@judiwonpat.com, tom@senatorada.org, senatortonyada@guamlegislature.org, senator@tinamunabarnes.com, frank.blasjr@gmail.com, duenasenator@gmail.com, judiguthertz@gmail.com, senatorsam@senatormabini.com, senbenp@guam.net, cor@guamlegislature.org, senatordrodriguez@gmail.com, senatormana@gmail.com, Aline4families@gmail.com, phnotice@guamlegislature.org, ABPalacios@gmail.com, joshua. tenorio@senatorbjcruz.com, carlos. pangelinan@senatorbjcruz.com, mike. lidia@senatorbjcruz.com, sarah.nededog@senatorbjcruz.com, senator@senatorbjcruz.com, Chris Carillo <chris.carillo@senatorbjcruz.com> Cc: mindy@kuam.com, sabrina@kuam.com, jason@kuam.com, bmkelman@guampdn.com, Ray Gibson <rgibson@k57.com>, therese. hart. writer@grnail.com, thebigshow@k57.com, travis. coffrnan@gmail.com, janela@mvguam.com, hottips@kuam.com, news@spbguam.com, news@guampdn.com, news@k57.com, parroyo@k57.com, kevin@spbguam.com, clynt@spbguam.com, Krystal Paco <krystal@kuam.com>

Hafa Ada All,

Please see the attached notice from Vice Speaker Cruz;

May 2, 2012

MEMORANDUM

TO:

FROM:

RE:

All Members/All Senators

Chairman, Committee on Youth, Cultural Affairs, Procurement, General Government Operations and Public Broadcasting

5 Day Notice of Public Hearing - May 9, 2012

Hafa Adai! Please be advised that the Committee on Youth, Cultural Affairs, Procurement, General Government Operations, and Public Broadcasting will conduct a Public Hearing on Wednesday, May 9th, 2012, beginning at 9:00 A.M. in I Liheslatura's Public Hearing Room on the following items:

Bill No. 445-31 (COR) - J.P. Guthertz, DPA- An act to repeal and reenact Chapter 12 of Title 5, Guam Code Annotated, relative to the modernization and rightsizing commission of the government of Guam and repealing antiguated, unfunded and/or underutilized statutes or administrative rules.

Bill No. 446-31 (COR) - M. Silva Taijeron- An act to amend Sections 23103 and 23104, and to add a new Section 23110, all of Chapter 23, Title 5 of the Guam Code Annotated relative to the government travel law.

23.05.2012 08:23

-··~--,. ~.· '-' u" "'a" - _, ua) 1'ior1ce 01 t'ubl1c Hearing- Ma: 9th 2012

Rill '\u. ++~ \] ICUR• - R.J. Resp100- An Act to renumber§ 8116 ot title 'i GCA, Chapter 8 ot "the Open

Government Law" to§ 8117, and to add new§§ SJ 16 (a) dnd (b) relative to ensuring accuracy and accountabdit\

in verbal and written po-;t;,, mcludmg statement::- releJ~'d. divulged \Jr placed on-lme bv Government olficiab and

emplvc.>es to news and/or mform.:it1on organiLations, bv reqrnnng that a signed, unsworn dL'Clarat1on. a" provided

m Title 6 GCA §, '>hilll accompanv each such statement, news relea:,,e. Y\T1tmg, or on-lme postmg; and to e>.ernpt standard, required public notices from thi:, requirement

Bill '\1> 4'i(LJ l i l ~1 - ]. L Won Pat, Ed.D. I T.R. Muna Barne:-, IR.]. Re;;pioo I T.C. Ada An act to repeal and

reenact Section '1008 of Article 1. Chapter 'i of Title 3 GCA, relative to policy Ill favor of local procurment to ensure

that ta>. dollars remam m the Inca] economy and to provide a competitive advantagL' for locallv based companies

for the economic benefit of all rL>.;1dent:-; ot Guam. This act shall be known as the "Local Busmess First Act nt 2012"

Bill '\.o -15 J -31 1 LS; - J.P. GuthcrtL, DP A-An act to 11111 rnd §2111 of Chapter 2, Title 4, Guam Cude Annotated, relat1VL' to certain Scfl-enmg costs of persons servmg nn boards and comm1ss10n.

Confirmation Hearing for the Appointment of Jeffery John P. Ibanez to -;ervc as a nwmber ot the Guam Council on the Art;, and Humanities Agency Board ot D1rectors

Please provide written testimonieo. at least une day prior to the heanng to the Office pf thl' Vice Speaker Ben1amm f.F Cnu, 155 Hesler Place. Hagatna Guam 96910. Thev ma) be sent vizi fae:;1mile to 477- 2322, or via email to chns.canli(i<o~n.aH )rbJCTl</ .iJ nn.

We com ply with Title I! of the An1encans with D isabilitie;, Act (AD A). Should vou require assistance or s~"ll'oal accommodations, please contilLi Chns Carillo .1t the Officv 11f the Vice Speaker \'ia telephone zit 477-2'121 or na email zit d1 ns.canll1 """X'nat< >rbi<ru/. n •rn.

":J 1st notice of Public Hearing 5.09.12.pdf 181K

23.05.2012 08:23

.3

G i I Chris Carillo <chris.carillo@senatorbjcruz.com>

48 Hour Notice of Public Hearing 2 messages

Chris Carillo <chns canllo@senatorbpuz com> Mon, May 7, 2012 at 9 03 AM To. speaker@Jud1wonpat com, tom@senatorada.org, senatortonyada@guamlegislatureorg, senator@tinamunabarnes.com, frank. blasJr@gma1L com. duenasenator@gmail.com, JUdiguthertz@gma1Lcom, senatorsam@senatormab1m com, senbenp@guam net, cor@guamleg1slature org, senatordrodriguez@gmail com senatormana@gma1L com, Aline4famil1es@gma1I com. phnot1ce@guamlegislature org, ABPalacios@gmail.com, JOshua tenorio@senatorbJCruz.com. carlos. pangel1nan@senatorbJCruz com mike. Jidia@senatorbJcruz.com, sarah. nededog@senatorb1cruz.com. senator@senatorb1cruz.com, Chris Carillo <chns. carillo@senatorb1cruz com> Cc m1ndy@kuam.com sabnna@kuamcom Jason@kuamcom. bmkelman@guampdncom, Ray Gibson < rgibson@k57.com>, therese. hart. wnter@gma1L com. thebigshow@k57 com. trav1s. coffman@gma1I.com. 1anela@mvguamcom. hott1ps@kuamcom, news@spbguam.com, news@guampdncom, news@k57.com. parroyo@k57.com kevin@spbguam.com, clynt@spbguam.com Krystal Paco <krystal@kuam.com>

Hafa Adai All.

Please See the attached notice from Vice Speaker Cruz;

May 7, 2012

MEMORANDUM

TO All Members/All Senators

FROM. Chairman, Committee on Youth, Cultural Affairs, Procurement, General

Government Operations and Public Broadcasting

RE 48 Hour Notice of Public Hearing - May 9, 2012

Hafa Ada11 Please be advised that the Committee on Youth, Cultural Affairs, Procurement, General Government Operations and Public Broadcasting will conduct a Public Hearing on Wednesday, May 9th, 2012, beginning at 9:00 A.M. in I Liheslaturas Public Hearing Room on the following items

Bill Ne 445-31 (COR) - JP Guthertz, DPA- An act to repeal and reenact Chapter 12 of Title 5, Guam Code Annotated, relative to the modernization and rights1z1ng commission of the government of Guam and repealing antiguated, unfunded and/or underutilized statutes or adm1nistrat1ve rules.

Bill No 446-31 (COR) - M Silva Ta11eron- An act to amend Sections 23103 and 23104. and to add a

23.05.2012 08:23

new Section 23110, all of Chapter 23 Title 5 of the Guam Code Annotated relative to the government travel Jaw.

Bill No 447-31 (COR) - RJ Resp1c10- An Act to renumber§ 8116 of title 5 GCA Chapter 8 of "the Open Government Law" to§ 8117. and to add new§§ 8116 (a) and (b) relative to ensuring accuracy and accountability in verbal and written posts 1nclud1ng statements released divulged or placed on-line by Government officials and emplyees to news and/or 1nformat1on organ1zat1ons. by requiring that a signed. unsworn declaration. as provided 1n Title 6 GCA § shall accompany each such statement, news release. writing, or on-line posting, and to exempt standard. required public notices from this requirement

Bill No 450-31 (LS) - J T Won Pat. Ed 0 I TR Muna Barnes I R J Resp1c10 I TC. Ada An act to repeal and reenact Section 5008 of Article 1, Chapter 5 of Title 5 GCA, relative to policy 1n favor of local procurment to ensure that tax dollars remain in the local economy and to provide a competitive advantage for locally based companies for the economic benefit of all residents of Guam This act shall be known as the "Local Business First Act of 2012"

Bill No 451-31 (LSJ - JP Guthertz. OPA-An act to amend §2111 of Chapter 2. Title 4. Guam Code Annotated. relative to certain screening costs of persons serving on boards and commission

Confirmation Hearing for the Appointment of Jeffery John P. Ibanez to serve as a member of the Guam Council on the Arts and Humanities Agency Board of Directors.

Please provide written testimonies at least one day prior to the hearing to the Office of the Vice Speaker Ben3amin J F Cruz, 155 Hesler Place, Hagatna Guam 96910 They may be sent via facs1m1le to 477- 2522, or via email to chns carillo@senatorb1cruz com.

We comply with Title II of the Americans with Disab1lit1es Act (ADA) Should you require assistance or special accomrnodat1ons, please contact Chris Carillo at the Office of the Vice Speaker via telephone at 477-2521 or via email at chns canllo@senatorb1cruz com

":] 48 Hour notice of Public Hearing 5.09.12.pdf 181K

Regine B. Lee (Office of Senator Tina Muna Barnes) < regine@tinamunabarnes.com> To Chris Carillo <chns canllo@senatorbJcrUZ.com>

whoa. mult1-tasker ) Happy Monday, Mr Carillo' [Quoted text hidden]

Regine Biscoe Lee Chief of Staff Office of Senator Tina Rose Muna Barnes

Mon. May 7, 2012 at 10 12 AM

23.05.2012 08 23

• ........._ ,q•.-HJ - "1'"\) I HIUJ '.'\t\lll(i.:' dl 1--"UOJ il tic-anng

Committee on Municipal Affairs. Tourism. Housing and Recreation 155 Hessler Place ! Hagatna Guam 96910 (W) 671472 3455/6 ! (F) 671 472 3400 email reg1ne@t1namunabarnes com

*Please consider the environment before printing this email

23.05.20120823

SENATOR BENJAMIN J.F.CRUZ, VICE SPEAKER Chairrnan,Cornmittee on Youth.Cultural Affairs, Procurement, General Government Operations.and Public Broadcasting.

Web Address: www.senatorbjcruz.com

I Ml\A '7'RE'\'l'.11 U\1 N4 LIH fSL1 Tl R_.J \Gt AHA.\ The 31st Guam Legislature • senator@senatorbjcruz.com

155 Hesler Place, Hagatna, Guam 96910 Telephone: (671) 477-2520/1 •Fax: (671) 477-2522

Public Hearing Agenda Wednesday May 9th 2012

9:00A.M.

Hearing Notices were sent via email on May 2nd 2012 and May 7th

2012

• Bill No. 445-31 (COR) - J.P. Guthertz, DPA- An act to repeal and reenact Chapter 12 of Title 5, Guam Code Annotated, relative to the modernization and rightsizing commission of the government of Guam and repealing antiquated, unfunded and/or underutilized statutes or administrative rules.

• Bill No. 446-31 (COR) - M. Silva Taijeron- An act to amend Sections 23103 and 23104, and to add a new Section 23110, all of Chapter 23, Title 5 of the Guam Code Annotated relative to the government travel law.

• Bill No. 447-31 (COR) - R.J. Respicio- An Act to renumber§ 8116 of title 5 GCA, Chapter 8 of "the Open Government Law" to§ 8117, and to add new§§ 8116 (a) and (b) relative to ensuring accuracy and accountability in verbal and written posts, including statements released, divulged or placed on-line by Government officials and employees to news and/or information organizations, by requiring that a signed, unsworn declaration, as provided in Title 6 GCA §, shall accompany each such statement, news release, writing, or on-line posting; and to exempt standard, required public notices from this requirement.

• Bill No. 450-31 (LS) - J.T. Won Pat, Ed.D. I T.R. Mufi.a Barnes I R.J. Respicio I T.C. Ada An act to repeal and reenact Section 5008 of Article 1, Chapter 5 of Title 5 GCA, relative to policy in favor of local procurement to ensure that tax dollars remain in the local economy and to provide a competitive advantage for locally based companies for the economic benefit of all residents of Guam. This act shall be known as the "Local Business First Act of 2012".

• Bill No. 451-31 (LS)- J.P. Guthertz, DPA-An act to amend §2111 of Chapter 2, Title 4, Guam Code Annotated, relative to certain screening costs of persons serving on boards and commission.

• Confirmation Hearing for the Appointment of Jeffery John P. Ibanez to serve as a member of the Guam Council on the Arts and Humanities Agency Board of Directors.

Note : * Mr. Ibanez has notified the committee that the correct spelling for his first name is *Jeffrey*