November 14, 2008 OFFICE OF THE SPEAKER 29th GUAM LEGISLATURE JUDITH T. WON PAT, Ed.D. Speaker Judith T. Won Pat, Ed.D. I Mina' Bente Nuebi Na Liheslaturan Guahan 155 Hesler Place Hagatna, Guam 96910 l£: -0 ::.: t;-;> w w The Committee on Education, General & Omnibus Affairs, to which Bill No. 272(EC) - J.P. Guthertz, DPA / R.J. Respicio I B.J.F. Cruz - An act to amend the Election Code to provide for the presentation of initiative measures and to add a new§ 17202.1 of Chapter 17 of Title 3 Guam Code Annotated- was referred, wishes to report its findings and recommendations. Transmitted herewith for your consideration and action is our committee report on the above subject matter. The voting record is as follows: TO PASS NOTTO PASS 3 TO REPORT OUT ONLY ABSTAIN TO PLACE IN INACTIVE FILE Copies of the Committee Report and other pertinent documents are attached. Thank you and Si Yu'os ma'ase for your attention to this matter. Attachments Judith T. Won Pat, Ed.D. Vice Chair & Acting Chair Committee on Education, General & Omnibus Affairs 253 WEST O'BRIEN DRIVE HAGATNA, GUAM 96910 I TEL: (671) 472-3586-7 •FAX: (671) 472-3589 EMAIL: [email protected]
Transcript
November 14, 2008
OFFICE OF THE SPEAKER 29th GUAM LEGISLATURE JUDITH T. WON PAT, Ed.D.
Speaker Judith T. Won Pat, Ed.D. I Mina' Bente Nuebi Na Liheslaturan Guahan 155 Hesler Place Hagatna, Guam 96910
~;iE l£: ......,~·· -0 ::.:
t;-;> w w
The Committee on Education, General & Omnibus Affairs, to which Bill No. 272(EC) - J.P. Guthertz, DPA / R.J. Respicio I B.J.F. Cruz - An act to amend the Election Code to provide for the presentation of initiative measures and to add a new§ 17202.1 of Chapter 17 of Title 3 Guam Code Annotated- was referred, wishes to report its findings and recommendations.
Transmitted herewith for your consideration and action is our committee report on the above subject matter.
The voting record is as follows:
TO PASS
NOTTO PASS
3 TO REPORT OUT ONLY
ABSTAIN
TO PLACE IN INACTIVE FILE
Copies of the Committee Report and other pertinent documents are attached. Thank you and Si Yu'os ma'ase for your attention to this matter.
Attachments
Judith T. Won Pat, Ed.D. Vice Chair & Acting Chair Committee on Education, General & Omnibus Affairs
253 WEST O'BRIEN DRIVE HAGATNA, GUAM 96910 I TEL: (671) 472-3586-7 •FAX: (671) 472-3589
OFFICE OF THE SPEAKER 29th GUAM LEGISLATURE JUDITH T. WON PAT, Ed.D.
November 14, 2008
MEMORANDUM
TO: Committee Members
FROM: Vice Chair & Acting Chair Committee on Education, General and Omnibus Affairs
RE: Bill No. 272(EC) - J.P. Guthertz, DPA I R.J. Respicio I B.J.F. Cruz
Transmitted herewith for your information and action is the report on Bill No. 272(EC) - J.P. Guthertz, DPA I R.J. Respicio I B.J.F. Cruz - An act to amend the Election Code to provide for the presentation of initiative measures and to add a new § 17202.1 of Chapter 17 of Title 3 Guam Code Annotated.
Please take the appropriate action on the voting sheet. Your attention and cooperation in this matter is greatly appreciated.
Should you have questions regarding the report or accompanying documents, please do not hesitate to contact me.
Attachments
253 WEST O'BRIEN DRIVE HAGATNA, GUAM 96910 I TEL: (671) 472-3586-7 •FAX: (671) 472-3589
COMMITTEE VOTING SHEET COMMITTEE ON EDUCATION, GENERAL AND OMNIBUS AFFAIRS
Bill No. 272(EC) - J.P. Guthertz, DPA I R.J. Respicio I B.J.F. Cruz - An act to amend the Election Code to provide for the presentation of initiative measures and to add a new§ 17202.1 of Chapter 17 of Title 3 Guam Code Annotated.
TO NOTTO TO REPORT OUT PLACE IN SIGNATURE PASS PASS OF COMMITTEE ABSTAIN INACTIVE FILE
SPEAKER JUDITH T. WON PAT, Ed.D. VICE CHAIR & ACTING CHAIR
COMMITIEE REPORT
ON
Bill No. 272(EC) - J.P. Guthertz, DPA / R.J. Respicio I B.J.F. Cruz - An act to amend the Election Code to provide for the presentation of initiative measures and to add a new§ 17202.1 of Chapter 17 of Title 3 Guam Code Annotated.
I. Overview
The Committee on Education, General and Omnibus Affairs convened a public hearing on Friday, May 23, 2008 at 2:00 p.m. to receive testimony on among other measures Bill No. 272 (EC): An act to amend the Election Code to provide for the presentation of initiative measures and to add a new§ 17202.1 of Chapter 17 of Title 3 Guam Code Annotated.
Notice of the hearing was disseminated to all local media outlets via fax. Notice of the hearing was also made known on the Guam Legislature's Websitehttp://www.guamlegislature.com.
Committee Members Present:
Speaker Judith T. Won Pat, Ed.D. Acting Chairperson Senator Rory Respicio Senator Judith Guthertz Seantor B. J. Cruz
II. Summary of Testimonies:
Senator Judith P. Guthertz, DPA the author of Bill No. 272 was afforded the opportunity to speak first about the legislation by Speaker Won Pat. The Assistant Majority Leader explained her reasoning for introducing the legislation. Senator Guthertz stressed that this bill was introduced to allow the public the opportunity to voice their opinion with respect to how initiatives are conducted in our community. Specifically initiatives that are similar in contents and that have been on the election ballot for several consecutive election cycles.
Jacqueline A. Marati testified as a private citizen .. She provided written testimony in favor of Bill No. 272. Mrs. Marati provided background information about the initiative process in the United States . She elaborated that 24 of the 50 states currently allow the right of initiative to be on the election ballot. Mrs. Marati pointed out that these 24 states place limits and restrictions on the initiative process. Like Bill 272, of the 24 states, a minority of the states place restrictions on the number and frequency. Mrs. Marati's written testimony is attached to this committee report.
Roger Pollock of Vigo testified as a private citizen in favor of Bill No. 272. Mr. Pollock stated that the continuous efforts by organized gambling with unlimited resources will never stop because of the easy money gambling extracts even from the poorest of the poor. He believes that the bill will slow and possibly eliminate that extraction. Mr. Pollock further elaborated that the passage of the bill will maintain the integrity of the initiative process and recognizes the efforts of the electorate that defeat a bad initiative.
Mr. Pollock's written testimony is attached to this committee report.
Mr. Carlo Branch testified as a private citizen opposing Bill No. 272. Mr. Branch stated that the initiative process exists to allow our community to vote on matters that the legislature deems to hot to touch. Mr. Branch stated that he opposed Bill No. 272 not because he supported initiatives in the past, but because he supports the belief that ideas can get better over time. Mr. Branch utilized citizens running for political office as an example. He stated that one might seek election and fail that does not mean that the candidate should not try again or wait. Some candidates have run numerous times before finally succeeding and they have done great things for Guam . Why then must there be a restriction be placed on the people's right to initiative and not on the candidates who ask for out vote time and time again. He stated that other initiatives have been presented to the community which he does not support but he is willing to fight for their right to say it often as they choose. He closed by emphasizing that if you are going to win an election you should win in at the ballot box not with a flawed bill. Mr. Branch's written testimony is attached to this committee report.
Mr. Jose Q. Cruz, Ed. D. testified as the Chairman of the Lina' la Sin Casi NO supporting Bill No. 272. Lina' la Sin CasiNO has publicly opposed casino gambling on Guam . Dr Cruz expressed that the legislation recognizes the long and hard work of the people of Guam in rejecting proposals for organized gambling in Guam . Dr. Cruz's written testimony is attached to this committee report.
Ben Garrido testified against Bill No. 272. Mr. Garrido believes that the legislation is a self interest for Lina'la Sin CasiNO and other anti gambling organizations. Mr. Garrido stated that this legislation is cover up to deny the people of Guam the right to vote on initiatives. He furthered articulated that our island has other form of gambling being conducted on our island such as bingo and cockfighting because it is not as controversial as the poker machines and casino gaming. Mr. Garrido pointed out that we have to be fair across the board and deal with all forms of gambling. Mr. Garrido did not submit written testimony.
Attorney Richard A. Pipes testified in opposition to Bill No. 272. Attorney Pipes appeared as a private citizen and attorney having practiced on Guam for 30 years, even though Attorney Pipes has frequently represented the Guam Greyhound, a supporter of the proposed initiative entitled the Responsible Gaming Act. Attorney Pipes stated that the legislation is inorganic and unconstitutional for a numbers reasons. First it would restrict Guam voters from placing an initiative on a ballot if an initiative is vaguely related to any other initiative that may have been put on a ballot and rejected within the previous five years. Quite simply, this type of restriction violates the rights of Guam citizens and voters to place an initiative on a ballot at an election. Secondly, Bill No. 272 is unconstitutionally vague and ambiguous. When you take away the self-serving findings and statements of intent, the real meat of Bill 272 is reduced to one simple sentence: Guam citizens and voters are restricted from proposing any initiative measure which is "similar or related" to any initiative which may have been rejected by the voters within the last five years. The operative words here are "similar or related". This test is so broad that it amounts to no test at all. Attorney Pipes' written testimony is attached to this committee report.
Attorney Jay Ariella testified in support of Bill No. 272 in his capacity as a private citizen who is licensed to practice law on Guam . Attorney Ariella pointed out that he has been involved in a number of litigations or law suits with the Guam election commission such as drinking age initiative, gambling initiative or other election matters. Attorney Arriolla takes strong exception to the
comments that the legislation takes away the people's right to present initiatives. He stressed that the Organic Act limits the rights of initiative and gives the legislature the power to set conditions and procedures for the presentation of initiatives. The right to present an initiative is not absolute. Placing limits on initiative is nothing new. Chapter 17 of Title 3 GCA currently places limits on the number of signatures required for an initiative and that an initiative must be a related subject matter. Attorney Ariolla stated the language in the bill is not broad compared to other jurisdictions and not an unreasonable standard. This bill will only limit initiatives that have been defeated. He takes acceptation that the initiative does not cost money to the government the amount it cost the people is over $100k.
Tony Diaz testified as a catholic, voter and a member of archdiocese of Hagatna in support of Bill No. 272. Mr. Diaz supports the initiative process as a way for the voters to communicate the people's wishes and desires. However he believes that placing limitations on the number of years a defeated initiative can be placed on a ballot again is a sign of a respect to the voters who said no specifically gambling. He acknowledged that the Catholic Church is opposed to all forms of gambling on Guam.
Mr. Ivan Carbullido testified as a private citizen that he had mixed emotions of Bill No. 272 from his past experiences with the gambling initiaives. Mr. Carbullido did not state if he was in support or opposition of the legislation.
Additionally, the Committee amended the legislation to include language restricting the placement of initiatives only on general elections in which the office of the Governor and the Lt. Governor is on the ballot.
Ill. FINDINGS AND RECOMMENDATION
The Committee on Education, General and Omnibus Affairs, to which Bill 272 (EC) was referred, finds support for the bill and hereby submit its findings and recommendations to I Mina' Bente Nuebi Na Liheslaturan Guahan TO PASS Bill 272 (EC).
MINA' BENTE NUEBI NA LIHESLATURAN GuAfIAN 2008 (SECOND) Regular Session
Bill No. 272 (EC)
Introduced by: As substituted by the Committee on Education, General and Omnibus Affairs.
J.P. Guthertz R.J. Respicio B.I. Cruz
AN ACT TO AMEND THE ELECTION CODE TO PROVIDE FOR THE PRESENTATION OF INITIATIVE MEASURES AND TO ADD A NEW §17202.1 AND §17202.2 OF CHAPTER 17 OF TITLE 3 GUAM CODE ANNOTATED.
1 BE IT ENACTED BY THE PEOPLE OF GUAM:
2 Section 1. Legislative Findings and Intent. I Liheslaturan Guahan finds that the
3 People of Guam have granted the right to pass laws through the initiative process
4 through the Organic Act of Guam, 48 U.S.C. § 1422a(a), which provides that "[t]he
5 people of Guam shall have the right of initiative and referendum, to be exercised under
6 conditions and procedures specified in the laws of Guam.";
7 Further, the People of Guam have exercised their right of initiative on numerous
8 occasions and with numerous subjects;
9 Further, I Liheslaturan Guahan finds that legalization of gambling in Guam has
10 been the subject of several initiatives, specifically those submitted to the voters of Guam
11 in the 1996, 2004, 2006, and 2008 elections, and all of them were rejected by the voters;
12 Further, I Liheslaturan Guahan finds that while the right of initiative is an essential
13 and important right, it is not absolute. I Liheslaturan Guahan finds that initiative
1 measures having similar or related subjects that are presented to voters in consecutive
2 elections and which have been rejected in those elections impose considerable cost and
3 expense to the Government of Guam, the Guam Election Commission, and to the island
4 and its residents. These costs are excessive and burdensome, including the costs
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associated in the presentation of the initiatives, the conduct of elections, voter
information, election campaign and debate, and legal and judicial resources expended
on the initiative measures;
Further, I Liheslaturan Guahan finds that other jurisdictions, such as Pennsylvania,
Utah, Mississippi, Alaska and Wyoming, have also prescribed certain conditions for the
presentation of initiative measures in order to prevent the burdensome costs associated
with redundant initiative measures;
It is therefore the intent of I Liheslaturan Guahan to provide for certain conditions
relating to the presentation of initiative measures with similar or related subjects that
have been submitted to, and rejected by, voters in previous elections.
Section 2. A new§ 17202.1 of Chapter 17 of Title 3, Guam Code Annotated is
hereby added to read as follows:
"§17202.1 If an initiative measure is not approved by voters in any general or special
election, no initiative measure proposing a similar or related subject shall be submitted
to voters for at least five (5) years after the date of such election."
Section 3. A new§ 17202.2 of Chapter 17 of Title 3, Guam Code Annotated is
hereby added to read as follows:
"§17202.2 An initiative measure can only be placed in an island-wide general election other than
a primary election in which the election of the Governor and Lt. Governor is on the ballot."
2
• )
MINA' BENTE NUEBI NA LIHESLATURAN GuAlIA.N 2008 (SECOND) Regular Session
Bill No. ;l 72 ~ Introduced by:
~ AN ACT TO AMEND THE ELECTION CODE TO PROVIDE :x:i
FOR THE PRESENTATION OF INITIATIVE MEASURES .c:
AND TO ADD A NEW§ 17202.1 OF CHAPTER 17 OF TITLE :i 3 GUAM CODE ANNOTATED. .;:
w .....,
l BE IT ENACTED BY THE PEOPLE OF GUAM:
2 Section 1. Legislative Findings and Intent. I Liheslaturan Gudhan finds that the
3 People of Guam have granted the right to pass laws through the initiative process
4 through the Organic Act of Guam, 48 U.S.C. § 1422a(a), which provides that "[t]he
5 people of Guam shall have the right of initiative and referendum, to be exercised under
6 conditions and procedures specified in the laws of Guam.";
7 Further, the People of Guam have exercised their right of initiative on numerous
8 occasions and with numerous subjects;
9 Further, I Liheslaturan Gudhan finds that legalization of gambling in Guam has
I 0 been the subject of several initiatives, specifically those submitted to the voters of Guam
11 in the 1996, 2004, 2006, and 2008 elections, and all of them were rejected by the voters;
12 Further, I Liheslaturan Gudhan finds that while the right of initiative is an essential
13 and important right, it is not absolute. l Liheslaturan Gudhan finds that initiative
14 measures having similar or related subjects that are presented to voters in consecutive
•
1 elections and which have been rejected in those elections impose considerable cost and
2 expense to the Government of Guam, the Guam Election Commission, and to the island
3 and its residents. These costs are excessive and burdensome, including the costs .
4 associated in the presentation of the initiatives, the conduct of elections, voter
5 information, election campaign and debate, and legal and judicial resources expended
6 on the initiative measures;
7 Further, I Liheslaturan Gudhan finds that other jurisdictions, such as Pennsylvania,
8 Utah, Mississippi, Alaska and Wyoming, have also prescribed certain conditions for the
9 presentation of initiative measures in order to prevent the burdensome costs associated
10 with redundant initiative measures;
I I It is therefore the intent of I Liheslaturan Gudhan to provide for certain conditions
I 2 relating to the presentation of initiative measures with similar or related subjects that
13 have been submitted to, and rejected by, voters in previous elections.
14 Section 2. A new § 17202.1 of Chapter 17 of Title 3, Guam Code Annotated is
15 hereby added to read as follows:
16 "§17202.1 If an initiative measure is not approved by voters in any general or special
17 election, no initiative measure proposing a similar or related subject shall be submitted
18 to voters for at least five (5) years after the date of such election."
2
TESTIMONY ON BILL 272 JACQUELINE A. MARATI
I am here to testify in favor of Bill 272.
As background, the right of initiative is available in only 24 of 50 states. There are 26 states which do not offer the right of initiative. These 52% of all states - the majority - include New York, Texas and North Carolina. Of the 24 states, every state prohibits initiatives from adopting policies that are beyond the permissible boundaries of the legislature. There are many other limits and restrictions imposed by initiative states.
There are limits on whether the initiative can change a state constitution, or if they can actually create law. Some states prohibit initiatives in the subject areas of taxes and appropriations. Several states - like Guam - impose single subject rule for initiatives, meaning that all parts of the initiative must be germane.
Like Bill 272, of the 24 states - a minority - , there are a number of states which place restrictions on the number and frequency of ballot measures.
In Pennsylvania, an initiative petition may not be filed that is substantially the same as one which failed within the preceding five years. Wyoming has a similar provision which prohibits the same or similar subject initiative which failed within the preceding five years. Mississippi, Alaska and Wyoming also have such limits. Illinois limits the number of questions appearing on the ballot, as does Mississippi.
Including restrictions in initiative laws is nothing new, and there are plainly reasons for such restrictions. That is why it is important to consider Bill 272, which I call the Voter Affirmation Act.
This government has had to shoulder costs to publicize initiative announcements; costs for verifying thousands of signatures; costs to review, print and mail out initiatives to voters; and finally costs to pay for legal review and legal defense of lawsuits revealing continued errors; -hundreds of thousands of dollars which should go towards schools which are closed due to intolerable conditions; the hospital which we have outgrown; utilities which have maxed out in capacity; and public health and safety. These monies should go towards these priorities first.
Laws should not be easy to enact, nor should standards to enact laws be freely and easily met. When questions appear before the people of this territory again and again and again, and are each time decisively voted down, it is clear that the voice of the people is not being heard, and their decision is not being honored and respected. When such decisions are loudly and plainly said, the people of this territory deserve to have their will validated. You can and should validate that will.
Bill 272 does not seek to take people's freedoms away. Rather it seeks to VALIDATE and ENDORSE our voting freedoms and decisions when such a vote has already been taken. It is not about what could happen; it is all about affirming the people's unchanging decision and respecting the people's unyielding will.
Testimony on Bill 272
Before the Twenty-Ninth Guam Legislature
I come before you today to testify in opposition to Bill 272. I am
appearing as a private citizen and attorney having practiced on Guam for
30 years, even though I frequently represent Guam Greyhound, a
supporter of the proposed initiative entitled the Responsible Gaming Act.
Quite simply, in its present form, Bill 272 is unconstitutional and
inorganic. If you have not already done so, this Committee should obtain
an opinion from Legislative counsel regarding the constitutionality of this
proposed legislation. If you have already received an opinion saying that
this proposed Bill is constitutional, then you need to seek a second opinion.
I do have some experience in constitutional law and litigating cases
involving statutes passed by the Legislature. Some years ago, before the
Organic Act was amended, the Legislature passed a law creating an elected
office of the Attorney General. At the time that legislation was under
consideration, I advised the Legislature that it was inorganic as the power
to appoint the Attorney General was reserved to the Governor. My advice
was ignored and the legislation was passed into law. At the first
opportunity, in representing an indigent defendant, I challenged the
constitutionality of that statute and it was declared inorganic by the
Page 1 of 6
Superior Court and this decision was affirmed on appeal to the Appellate
Division of the United States District Court. A large number of criminal
cases had to be retried because the defendants were prosecuted under an
unconstitutional statute.
I am also counsel of record in an appeal now pending before the
Guam Supreme Court regarding another statute passed by the Legislature
which gives absolute and unlimited immunity to someone who wants to lie,
defame, and damage somebody as long as the statements they make have
something to do with a public issue.
As the Legislature already knows, the right to petition the government
through initiative is a precious constitutional right guaranteed to the
citizens to pass laws directly. The right of initiative to the citizens of Guam
is guaranteed by the Organic Act, a federal statute, and under the laws of
Guam. Bill 272 seeks to place unconstitutional and unreasonable
restrictions on the exercise of the right of initiative by the citizens of Guam.
Bill 272 is inorganic and unconstitutional for a number of reasons.
First, it would restrict Guam voters from placing an initiative on a ballot
if an initiative is vaguely related to any other initiative that may have been
put on a ballot and rejected within the previous five years. Quite simply,
this type of restriction violates the rights of Guam citizens and voters to
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place an initiative on a ballot at an election.
Second, Bill 272 is unconstitutionally vague and ambiguous. When
you take away the self-serving fmdings and statements of intent, the real
meat of Bill 272 is reduced to one simple sentence: Guam citizens and
voters are restricted from proposing any initiative measure which is
"similar or related" to any initiative which may have been rejected by the
voters within the last five years. The operative words here are "similar or
related". This test is so broad that it amounts to no test at all.
What you would end up having is the Guam Election Commission
trying to decide whether or not a proposed initiative was in any way
"similar or related" to any other initiative that may have been introduced
in the past five years. A few simple examples will suffice to show that the
proposed test in Bill 272 is entirely unworkable and places absolute,
unfettered discretion in the hands of the Guam Election Commission to
decide which initiatives are to be placed on an election ballot, a power that
only the voters should have.
Recently, there was an initiative that was voted down that would have
imposed taxes on a gaming operation and a portion of those taxes would
have been directed to benefit the Department of Mental Health and
Substance Abuse and other beneficiaries. If a new initiative was proposed,
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..
that had nothing to do with gaming, but nevertheless would generate taxes
that would go for the benefit of Mental Health this new initiative would be
"similar or related" to the other initiative and could therefore not be placed
on the ballot. Just as likely, let's assume that there is a proposed initiative
to impose taxes that would generate badly needed funds for public schools.
However, because there was a previous gaming initiative which was voted
down that also attempted to raise funds for public schools, the new
initiative could not be placed on the ballot because it would be similar or
related to a prior initiative that had been turned down in the last five years.
The problem with the way Bill 272 is presently drafted should be obvious
to all.
The findings and legislative intent stated in Bill 272 also require some
closer inspection. The findings argue that Bill 272 is needed because the
costs and expense to the Government and the Guam Election Commission
of successive initiatives presented to voters in elections are supposedly
burdensome.
I have personally been involved with several recent initiatives and
each time the actual direct cost to the Election Commission for placing the
initiative on the ballot amounted to no more than $150,000-$200,000. Even
more importantly, almost all of the initiatives in the last 10 years have been
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placed on the ballot at general elections and special elections otherwise
called for another purpose not related to the initiative. That being the case,
the additional expense to the Government for placing an initiative on the
ballot does not amount to much more than what the Guam Visitors Bureau
just gave away for a beauty pageant. The real expense to the Government
has come from its litigation costs when the Guam Election Commission
refused to follow Guam law and its own rules and regulations on
conducting elections and placing initiatives on ballots. These costs cannot
be attributed to the initiatives themselves. The minimal costs to the
Government for placing an initiative on the ballot in order for Guam
citizens and voters to exercise their right to initiative is neither burdensome
nor oppressive.
Notwithstanding the statements in Bill 272 about the intent being to
save the Government money, there are some people in the community who
say that the real intent of Bill 272 is to protect the jobs of the Senators.
Some would say it is more than coincidence that as soon as the Chamber of
Commerce introduced an initiative to reduce the number of Senators and
make the Legislature part-time, as well as drastically cut the budget of the
Legislature, then within 72 hours Bill 272 was introduced. If Bill 272 is
passed into law, it may well restrict the right of Guam citizens and voters
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to pass initiatives that would reduce the size of this Legislature, reduce its
budget, and make it a part-time Legislature. While I do not personally
subscribe to such sinister motives, it is understandable that some in our
community may feel that Bill 272 is nothing more than an attempt by
Senators to protect their own jobs.
In closing, I urge this Committee to, first, obtain legal opinions from
counsel, possibly even the Office of the Attorney General, as to whether or
not Bill 272 would be organic and constitutional and, second, issue a report
finding that it would be inappropriate for this Legislature to place
restrictions on the constitutional right of initiative guaranteed to Guam
citizens and voters. The Legislature has much more pressing business to
attend to than trying to restrict the rights of Guam voters to propose
initiatives.
Richard A. Pipes 865 South Marine Corps Drive Tamuning, Guam 96913 671-646-1222
Testimony on Bill 272.: An Act to amend the election code to provide for the presentation of initiative measures and to add a new Section 17202.1 of Chapter 17 of Title 3 Guam Code Annotated
Madam Chairmwoman Dr. Won Pat, members of the Committee on Education, General and Omnibus Affairs, and Honorable Senators here present today. My name is Dr. Jose Q. Cruz and I come as Chairman ofLina'la Sin CasiNo to voice our support of Bill 272. Our organization started before 1990 when members of our community formed to help ban poker machines on the island. It was a period right after Hawaii got rid of poker machines from its shores. Bill 272 recognizes the long and hard work of the people of Guam in rejecting proposals for organized gambling in Guam. The proposed Bill also recognizes the harassment that organized casino gambling proponents effect on our people. The moratorium provision is allowed by Guam's Organic Act as noted in Bill 272. Further, it affirms the decision of the people of Guam on an Initiative that is rejected and also recognizes the burden or cost to the Government of Guam. The late Senator Elizabeth Arriola sponsored and succeeded in having Bill 33 become law that banned poker machines in Guam. She saw the serious negative impact it had on the families and children of Guam. Poker machines are but one of many gambling devices that have been proposed to be made legal in the past 6 or more attempts to secure the legalization of casino gambling . Yes, we appreciate the validation by the sponsors of Bill 272 that an initiative that fails must not be resurrected again and not be allowed to harass the people of Guam consecutively. In the last initiative measure, the sponsors did not even acknowledge the voice of the people because immediately after the votes were counted they arrogantly stated that they will push for the same or similar initiative measure. Bill 272 is good for Guam! Let's "Keep Guam Good". Thank you for the opportunity to present our support of Bill 272.
Testimony: Bill 272 Legislative Public Hearing room
May 23, 2008
For the record, my name is Carlo Branch and I am presenting testimony in opposition to
Bill 272.
At his final press conference Einstein was asked how he felt about the fact that his ideas
had changed the world he said, "Though I have failed many times, I've stood on the
shoulders of the giants who came before me and I have learned that Ideas are like
revolutions; they go a distance, can stop for a time, and usually wait for someone to make
them even better."
The most difficult task in the world is to change the perceived order of things - hundreds
of years ago Galileo was excommunicated because he argued that the earth revolved
around the sun. He was called a heretic, lost the respect of his colleagues, and was driven
to the brink of poverty. Advocating new ideas, articulating that change for the better is
always superior to more of the same - these things are hard and they should be.
I oppose bill 272, not because I have supported initiatives in the past, but because I
support the belief that ideas can get better over time. This room is filled with men and
women who understand the pains of the political process. We understand that though one
might seek election and fail that does not mean that the candidate should not try again, or
wait. Some have run numerous times to win a seat in this body and many initially fail
those who try and succeed, have done great things for Guam. If an initiative can only be
placed on a ballot for an election that is already set to occur, is the cost to government so
burdensome that it necessitates a limit on the people's right to be heard? Some of
Guam's greatest political leaders have lost elections only to return better than ever before,
why then must this restriction be placed on the people's right to initiative and not on the
candidates who ask for our vote time and time again.
At its core, an initiative is a reflection of the people's will, while a candidate's voice is
merely a reflection of his. Though an initiative must succeed to become law, it tells
though who are willing to listen that change is needed, ideas must be discussed and a
process that is meant to inspire participation is working.
As a former student leader of the University of Guam I admired Senator Gutherz because
she inspired many in my generation. to become active participants in our government and
political process. I know for a fact that she believes more democracy is better than less
democracy; and that fervent debate is the engine on which all democracies must run.
Though previous gaming initiatives were mentioned in bill 272, this isn't about gaming at
all. Rather this body must either uphold its obligation to protect the right of the people to
participate as often as they choose or impose an unfair limitation when so many have
worked so hard to achieve the opposite.
Times are hard and the election process should be open to everyone not just those who
can afford it. There are other options to limiting the cost of elections and their
procedures. If we must, we can raise fees for those willing to submit initiatives. Perhaps
there are even more options that we have not discussed, but I think that is the point. Why
haven't we discussed them? Why would this bill seek to provide a single alternative that
limits democracy when other alternatives exist that will allow it to operate freely?
Bill 272 uses the term similar and related subject to define the boundaries of the limit
placed on repetitive initiatives. Yet nowhere in the bill can an operative definition of this
term be found. Its authors argue that limiting the cost of elections is the genesis of this
legislation. Yet how much more in legal fees will be spend attempting to discern what its
authors meant by "similar and related"?
The initiative process exists to allow our community to vote on matter this body deems
too hot to touch. I oppose a part time legislature because Guam does not have part time
problems and it needs dedicated full-time intelligent people to solve them. I oppose the
raising of the drinking age to 21 because a person who can sign a contract, go to war for
his country, or acquire severe financial credit card debt because he is an adult at 18,
should be treated as an adult with regard to alcohol as well. I may not agree with what
these initiatives have said, but we all should be willing to fight for their right to say it as
often as they choose. Where the legislature is unwilling to go, the people should have the
right to take them.
PETITION - TO LIMIT PROPOSAL OF SIMILAR INITIATIVES AFTER BEING DEFEATED
Amend the election Code to Provide for the Presentation of Initiative Measures
Section 1. A new section 17202.1 of Chapter 17 is hereby added to read as follows:
Section 17202.1. If an initiative is not approved by voters in any general or special election, no initiative measure proposing a similar or related subject shall be submitted to voters for at least five (5) years after the date of such election. A ~.
Village
OFFICE OF THE SPEAKER 29th GUAM LEGISLATURE JUDITH T. WON PAT, Ed.D .
May 15, 2008
MEMORANDUM
To: All Senators
RE: PUBLIC HEARING NOTICE
The Committee on Education, General and Omnibus Affairs has scheduled a public hearing at 9:00 a.m. and 2:00 p.m., Friday, May 23, 2008 at I Liheslaturan Guahan's Antonio R. Unpingco Legislative Session Hall on the following:
Friday. May 23, 2008 - 9:00 P.M.
• Bill No. 262 (EC)- An act to add a new Article 6 to Chapter 5of17GCA relative to recommendations on medicating students.
• Bill No. 281 (LS) -An act to authorize I Maga'lahen Guahan to purchase or exchange Government of Guam land situated in Agat with Lot no. 217-1 situated in Agat for the construction of both a Fire Station and Police Precinct to be known as the Agat-Santa Rita Fire Station and the Agat Precinct Command.
• Bill No. 289 (EC) - An act to authorize J Maga' Lahen Guahdn to exchange government land to acquire Lot Number 279-RI, Merizo.
• Bill No. 290 (EC) - An act to authorize J Maga' La hen Gu a Mn to exchange government land to acquire Lot Number 142 New, Agat
• Bill No. 298(EC) - An act to zone the previously unzoned Lot Number 5327 in the municipality of Dededo to Light Industrial ("M-1 ") Zone. Received:
Friday. May 23. 2008 - 2:00 P.M.
• Bill No. 272(EC) - An act to amend the Election Code to provide for the presentation of initiative measures and to add a new§ 17202.1 of Chapter 17 of Title 3 Guam Code Annotated.
• Bill No. 282 (EC) - An act to amend §13104 of Chapter 13 OF Title 3, Guam Code Annotated and to add a new §1126 in Chapter 1 ofTitle 2, Guam Code Annotated; relative to vacancies in I Liheslaturan Guahan.
• Bill No. 287 (EC) -An act to amend Title 3 Guam Code Annotated Chapter 7 § 7107 and Title 3 GCA Chapter 11 § 11134 relative to voting for President and Vice-president of the United States.
253 WEST O' BRIEN DRIVE HAGATNA, GUAM 96910 I TEL: (671) 472-3586-7 •FAX: (671) 472·3589 FMAll · llll~l"ltffill ln1Wl"IN P6T rl"IM
Testimonies can be submitted in advance to the Office of Speaker Judith T. Won Pat, Ed.D. through email at [email protected] or through facsimile at 4 72-3589. Copies of the bills are available at www.guamlegislature.com
The Guam Legislature complies with provisions of the Americans with Disabilities Act (ADA). Individuals requiring special accommodations or services should contact Mr. Mark Duarte at 4 72-3586/87 or through email at [email protected]
cc: Executive Director Protocol Clerk's Office All Media
76S 7342958 05-15 07: 16PM 01'16" G3 BC 002/002 [O.KJ 768 4723510 05-15 07:17PM 00'14" lOC:M BC 002/002 [O.KJ 768 4758805 05-15 07:18PM 00' 14" OCM BC 002/002 (O.K] 768 4791329 05-15 Q7:19PM 00' 14" FX:M BC 002/002 (O.K] 768 4752000 05-15 07: 20PM 00'16" ECM BC 002/002 (O.KJ 768 6475377 05-15 07: 21PM 00'48" FX:M BC 002/002 [O.K} 768 4753844 05-15 07:22PM 00'16" IOC!M BC 002/002 [O.KJ 768 4722528 05-15 07:24PM 00'16" IOC:M BC 002/002 [O.K]
768 4723547 05-15 07:24PM 00'22" IOC:M BC 002/002 [O.KJ 768 4725022 05-15 07:25PM 00'16" OCM BC 002/002 [O.K]
768 4734238 05-15 07:26PM 00'16" FX:M BC 002/002 [O.KJ
768 4772682 05-15 07: 27PM 00'14" EX::M BC 002/002 [O.KJ
768 4723459 05-15 07: 27PM 00'00" G3 BC 000/002 No Answer
768 4723524 05-15 07: 28PM 00'00" G3 BC 000/002 No Answer
768 4723403 05-15 07:3QPM 00'16" l!X:M BC 002/002 [O.K]
768 4723400 05-15 07:31PM 00' 34" G3 BC 002/002 [O.K]
768 6482007 05-15 07:31PM 00'00" G3 BC 000/002 No Answer
768 4723459 05-15 07: 33PM 00'00" G3 BC 000/002 No Answer
768 4723524 05-15 07:34PM 00'00" G3 BC 000/002 No Answer
OFFICE OF THE SPEAKER 29th GUAM LEGISLATURE JUDITH T. WON PAT, Ed.O.
May 20, 2008
MEMORANDUM
To: All Senators
RE: PUBLIC HEARING NOTICE
The Committee on Education, General and Omnibus Affairs has scheduled a public hearing at 9:00 a.m. and 2:00 p.m., Friday, May 23, 2008 at l liheslaturan Guahan's Antonio R. Unpingco Legislative Session Hall on the following:
Friday. May 23. 2008 - 9:00 A.M.
• Bill No. 262 (EC)· An act to add a new Article 6 to Chapter S of 17GCA relative to recommendations on medicating students.
• Bill No. 281 (LS) - An act to authorize I Maga 'la hen Guahan to purchase or exchange Government of Guam land situated in Agat with Lot no. 217·1 situated in Agat for the construction of both a Fire Station and Police Precinct to be known as the Agat-Santa Rita Fire Station and the Agat Precinct Command.
• Bill No. 289 (EC) -An act to authorize I Maga' Lcihen Guahcln to exchange government land to acquire Lot Number 279-Rl, Merizo.
• Bill No. 290 (EC) - An act to authorize I Maga' Liihen Guahdn to exchange government land to acquire Lot Number 142 New, Agat.
• Bill No. 298(EC) - An act to zone the previously unzoned Lot Number 5327 in the municipality of Dededo to Light Industrial ("M-1 ") Zone. Received:
Friday. May 23. 2008 - 2:00 P.M.
• Bill No. 272(EC) ·An act to amend the Election Code to provide for the presentation of initiative measures and to add a new§ 17202.1 of Chapter 17 of Title 3 Guam Code Annotated.
• Bill No. 282 (EC) -An act to amend §13104 of Chapter 13 OF Title 3, Guam Code Annotated and to add a new §1126 In Chapter 1 of Title 2, Guam Code Annotated; relative to vacancies in I Liheslaturan Guahan.
• Bill No. 287 (EC) -An act to amend Title 3 Guam Code Annotated Chapter 7 § 7107 and Title 3 GCA Chapter 11§11134 relative to voting for President and Vice-president of the United States.
253 WEST O'BRIEN DRIVE HAGATNA, GUAM 96910 I TEL: (671) 472-3586-7 •FAX: (671) 472-3589 EMAIL: [email protected]
Testimonies can be submitted in advance to the Office of Speaker Judith T. Won Pat, Ed.D. through email at [email protected] or through facsimile at 4 72-3589. Copies of the bills are available at www.&uamlegjslature.com
The Guam Legislature complies with provisions of the Americans with Disabilities Act (ADA). Individuals requiring special accommodations or services should contact Mr. Mark Duarte at 472-3586/87 or through email at [email protected]
cc: Executive Director Protocol Clerk's Office Al1 Media
