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  Senators Pass 13 Bills, Await Adelup Action

By Erin Thompson
Pacific Daily News
February 26, 2011

http://www.guampdn.com/article/20110226/NEWS01/102260306

With Gov. Eddie Calvo not returning from Washington, D.C., until March 6, it's unclear whether he or acting Gov. Ray Tenorio will take action on 13 newly passed bills.

The governor's office has 10 working days after the date of transmittal to take action on the bills, which include several controversial measures.

Troy Torres, spokesman for the office of the governor, said until the administration had time to review the final copies of the bills, it would be premature to comment on what, if any, action the governor would take on the bills. As of 6:30 last night, the administration's legal counsel and legislative review commission had yet to receive the measures, Torres said.

The 13 bills, many of which were passed unanimously by the 31st Guam Legislature in its first full session, cover issues ranging from shark finning and animal welfare to procurement law and sex abuse.

One of the more hotly debated bills, Bill 48 restricts protests for Department of Education contracts funded with American Recovery and Reinvestment Act money.

Introduced by Speaker Judith Won Pat and co-sponsored by Sens. Tom Ada and Frank Blas Jr., the bill passed 13 to 2, with Vice Speaker Benjamin Cruz and Sen. Ben Pangelinan voting against it. The bill was discussed intensely during session, as members of the Legislature weighed the need to use millions in Recovery Act funds before the September deadline, with the need for transparency and oversight when awarding contracts.

While the bill originally would have allowed DOE to waive certain aspects of procurement law for contracts awarded with Recovery Act funds, the final version of the bill streamlines the protest process, Won Pat said. Protests would be submitted to the public auditor, who will be the final arbiter of disputes resulting from contract awards.

Approximately $75 million in State Fiscal Stabilization Fund money provided under the Recovery Act must be obligated through contracts or a purchase order by September, said Rebecca Perez Santo Tomas, legal counsel for the Department of Education. About $30 million of those funds are earmarked for capital improvement projects, while another portion will go toward technology upgrades, including a new financial management system for the department and laptops and computers classrooms, Santo Tomas said. About $10 million in funds has currently been obligated.

While the funds could be expended without the law, a protest could bring the procurement process to a standstill, she said. "The clock to spend ARRA money doesn't stop," Santo Tomas said.

If signed into law, the bill would come into play only if there are protests, Santo Tomas said.

Sen. Aline Yamashita said she supported the bill in order to help spend the much-needed funds. "We must do whatever we can to salvage the $80 million because this type of opportunity only comes every once in a lifetime," Yamashita said.

Public Auditor Doris Flores Brooks said she hadn't received a copy of the final bill, and wouldn't be able to comment until she had read it.

Animal protection

A bill banning both the finning and feeding of sharks also passed unanimously in the Legislature. Bill 44, introduced by Cruz and co-sponsored by Sen. Rory Respicio, will prohibit the possession, selling, trading or distribution of shark fins and ray parts on Guam.

The law is similar to recently passed federal legislation introduced by Guam Delegate Madeleine Bordallo. Signed by President Obama in January, H.R. 81, or the Shark Conservation Act of 2010, prohibits the removal of fins at sea and the possession, transfer or landing of fins not naturally attached to the corresponding carcass.

The prohibition on feeding sharks was added as an amendment at the behest of some members of the fishing community, who said the practice could endanger fishermen. The law, which makes possession of shark fins and ray parts a felony, provides exemptions for those possessing shark fins or ray parts for "subsistence and traditional and cultural" purposes.

Another bill proposes to protect animals -- this time the terrestrial bound. Bill 9, introduced by Sen. Judith Guthertz and passed 15 to 0, expands language in animal cruelty laws.

Contracting at GMH

In another unanimous vote, members of the Legislature passed a bill authorizing Guam Memorial Hospital Authority to allow private food vendors to set up shop in the hospital. Bill 55, introduced by Sen. Dennis Rodriguez, allows the hospital to enter into contracts with private vendors to provide food-related services for non-inpatient visitors, patrons and GMHA staff. The bill won't affect the in-house food service or patients, but could allow the hospital to lease space or enter into agreements with private companies to open up on the hospital's grounds.

Rodriguez said he was motivated to introduce the bill after speaking with nurses during visits to the hospital, who he said expressed the need for around-the-clock food service. Rodriguez said the bill has the potential to general revenue for the hospital, which could charge rent as well as fees or a percentage of sales from vendors.

"I just hope that there's something they can use now to actually go out and bring in vendors to help out," said Rodriguez

 
 

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