As the 27th Guam Legislature’s term draws to an end several measures directly affecting the business community have been put up for public hearings paving their way for passage to the legislative floor.
Bill 307 (Committee on Rules)
• An act relative to the establishment of the Government of Guam Procurement Review Commission which shall be tasked with the comprehensive evaluation of the government’s procurement process and provide recommendations for changes that will result in streamlining while ensuring accountability transparency fairness and timeliness; and most importantly ensure greater integrity in the Government of Guam’s procurement process.
Sen. Frank B. Aguon vice speaker and chairman of the Committee on Appropriations & Budgeting General Government Operations Reorganization & Reform introduced this measure. Other co-sponsors are Sen. Tina Rose Muña Barnes; and Sen. John M Quinata.
The bill creates a body to review any disputes and would also include provisions to incorporate any changes to Requests for Proposals electronically with the intent of cost savings and increased timeliness in the procurement process.
Public Hearing held Nov. 19.
Bill 358 (Committee on Rules)
• An act to add section 5212 to chapter 5 of title 5 of the Guam Code Annotated to clarify bid security and performance bond requirements for contractors.
Sen. Tina Rose Muña Barnes chairperson of the Committee on Community Culture Recreation & Public Broadcasting introduced this measure. Co-sponsors are Sen. John M. Quinata; and Sen. Frank B. Aguon Jr.
This bill is intended to reduce the bid security and performance bond from 100% of the bid amount to 15%. The bill states bid security will be required for all bids when the total price is estimated to exceed $25 000 but may also be included when bids are estimated at a lesser value.
The bill said "It is often quite difficult for small local businesses to tie up their available cash in large performance bonds and it is likely that contractors could offer lower bid prices if such onerous requirements for performance bonds were not administratively applied."
The bill also said "Requiring 100% performance bonds from successful bidders may have become an administrative substitute for a “determination of bidder responsibility.” If this is the case the practice would be in direct violation of the general provision of the Guam Administrative Rules that prescribes specific bid security and performance bond requirements applicable to the competitive sealed bidding procurement of supplies."
Public Hearing held Nov. 19.
Bill 388 (Committee on Rules)
• An act to add chapter 16 to division 1 title 19 Guam Code Annotated creating “The Guam Fair Housing and Civil Rights Act of 2004.” Sen. Carmen Fernandez who chairs the Committee on Education and Housing introduced the measure. The sponsor was Sen. Rory J. Respicio.
The bill is intended to protect individual and commercial purchasers and tenants from discrimination for reasons including race and gender. The sale or rental of dwellings owned or operated by a religious or nonprofit organization are exempt.
Public Hearing held Nov. 18.
Bill 389 (Committee on Rules)
• An act to add division 4 chapter 200 title 21 Guam Code Annotated creating “The Guam Uniform Residential Landlord and Tenant Act of 2003.” Sen. Carmen Fernandez who chairs the Committee on Education and Housing introduced the measure. There are no sponsors.
The measure is intended to provide sufficient safeguards for tenants and landlords. The legislation states "The availability of a uniform landlord and tenant law will facilitate the willingness of financial institutions to lend to borrowers in Guam for rental properties. This is of benefit to both landlords and tenants in Guam and among other benefits helps make housing more readily available and affordable. The need for a comprehensive landlord and tenant law has been recognized by most U.S. jurisdictions."
The legislation covers the amount of security furnishing and pet deposits; return of deposits at the end of a rental; maintenance of premises by landlord and tenant; trash disposal; supply of utilities; limitation of liability; access; subleasing; liens for rent distress; injunctive relief and recovery of attorney’s fees.
Public Hearing held Nov. 18.
Bill 377 (Committee on Rules)
• An act relative to the establishment of the Office of the Taxpayer Advocate within the Department of Revenue and Taxation which shall provide assistanceto Guam taxpayers in resolving problems with the Internal Revenue Service orthe Guam Department of Revenue and Taxation. Sen. Frank B. Aguon Jr. vice speakerand chairman the Committee on Appropriations & Budgeting General GovernmentOperations and Reorganization & Reform introduced the measure. There areno co-sponsors.
The Internal Revenue Code requires the establishment of an Office of the Taxpayer Advocate. The office will be able to provide assistance and resolve conflicts and problems before they are litigated. Such an office is intended to minimize any avoidable legal challenges between the government of Guam and Guam taxpayers by serving as a conduit to resolve any problems. The office would provide feedback and information to the legislature for potential legislative changes that may be adopted to appropriately mitigate any identified problems.
Public Hearing held Nov. 19. MBJ
