g twenty-ninth guam legislature reports/bill no. 156... · 2017-04-06 · i m i n a 'b e n...

I M i n a 'B e n t·e Nu e b e Na L i h e s l a tu r a n G u a h a n TWENTY-NINTH GUAM LEGISLATURE

Senator Edward J.B. Calvo VICE SPEAKER

Chairman, Committee on Finance, Taxation, Commerce & Economic Development Office of Finance and Budget

February 15, 2008

The Honorable Edward J.B. Calvo

Acting Speaker Mina Bente Nuebe Na Liheslaturan Guahan 155 Hesler Street Hagatfia, GU 96910

Hafa Adai Mr. Speaker:

The Committee on Finance, Taxation, Commerce, and Economic Development to which Bill No. 156 (EC): /1 AN ACT TO REPEAL AND REENACT CHAPTER 74 OF TITLE 11 OF THE GUAM CODE ANNOTATED RELATIVE TO PROTECTING AND RECOVERING PROPERTY OWNED BY UTILITIES, TELECOMMUNICATIONS COMPANIES, GOVERNMENT ENTITIES, CONSTRUCTION FIRMS, AND OTHER PARTIES" was referred, wished to report its finds and recommendations TO REPORT OUT Bill No. 156 (EC). The voting record for Bill No. 156 (EC) is as follows:

TO PASS \

NOTTO PASS

TO REPORT OUT 5

ABSTAIN

TO PLACE IN INACTIVE FILE

Please review copies of the attached Committee Report and other pertinent documents on Bill No. 156 (EC). Si Yu'os Ma'ase' for your attention.

~ ED~Kifn J.I>:tAL VO

~ f::>D f M_

;;;_-rr,,_o( 155 Hesler Place • Hag!itfia, GU 96910 •Tel: (671) 475-8801/02 •Fax: (671) 475-8805

Email: [email protected] •Website: www.senatoreddiebazacalvo.com

I Mina'Bente Nuebe Na Liheslaturan Guahan TWENTY-NINTH GUAM LEGISLATURE


Chairman, Committee on Finance, Taxation, Commerce & Economic Development Office of Finance and Budget

February 15, 2008

MEMORANDUM

To: Committee Members

From: Chairman, Committee on Finance, Taxation, Commerce and Economic Development

Subject: Committee report on Bill No. 156 (EC)

The following is attached for your review and appropriate action:

1. Committee voting sheet 2. Public Hearing sign-in sheet 3. Notice of Public Hearing 4. Testimonies submitted

I sincerely appreciate your attention and cooperation. Please feel free to contact my office at 475-8801 should there be any questions regarding this matter.

//ij EDWARD J.B. CAL VO

155 Hesler Place • Hagatiia, GU 96910 •Tel: (671) 475-8801/02 •Fax: (671) 475-8805 Email: [email protected] •Website: www.senatoreddiebazacalvo.com

I MINA' BENTE NUEBE NA LIHESLATURAN GuAHAN

: Committee Voting Sheet Committee on Finance, Taxation, Commerce, and Economic Development

Senadot Edward T.B. Calvo, Ge'Hilo'

Bill No. 156 (EC): "AN ACT TO REPEAL AND REENACT CHAPTER 74 OF TITLE 11 OF THE GUAM CODE ANNOTATED RELATIVE TO PROTECTING AND RECOVERING PROPERTY OWNED BY UTILITIES, TELECOMMUNICATIONS COMPANIES, GOVERNMENT ENTITIES, CONSTRUCTION FIRMS, AND OTHER PARTIES."

Committee Members

Senator Antonio R. Unpingco Member

Member

Senator Tina Rose Muna-Barnes Member

To Pass

Speaker Mark Forbes(ex-officio)

Senator Judith T. Won Pat, Ed. D. Member

155 Hesler Street Hagatfla, Guam 9691 O

Not to Pass Report Out Abstain /"/

v

L

Inactive File

Phone: (671) 475-8801/2 Fax: (671) 475-8805

I MINA 'BENTE NUEBI NA LIHESLATURAN GUAHAN 2007 (FIRST) Regular Session

BillNo./s&Ca)

Introduced by:

AN ACT TO REPEAL AND REENACT CHAPTER 74 OF TITLE 11 OF THE GUAM CODE ANNOTATED RELATIVE TO PROTECTING AND RECOVERING PROPERTY OWNED BY UTILITIES, TELECOMMUNICATIONS COMPANIES, GOVERNMENT ENTITIES, CONSTRUCTION FIRMS, AND OTHER PARTIES.

1 BE IT ENACTED BY THE PEOPLE OF GUAM: 2 Section I. Legislative Findings and Intent. I Liheslaturan Guahan finds 3 that despite the enactment of Public Law 28-18 in 2005, the rash of thefts of copper 4 wire and other non-ferrous metals continues to plague our community. The 5 destruction and theft of public and private property, to include the recent thefts of 6 monuments and memorials at the War in the Pacific World War II Memorial to the 7 people of Guam, the walk of fame tribute to the cultural master artists in Skinner 8 Plaza, the Don Pedro Martinez memorial plaque at the San Antonio Bridge Park, and 9 the theft of flower vases at gravesites have enraged the community. While law

10 enforcement officials continue to investigate and apprehend the individuals 11 responsible for these crimes against the community, scrap metal dealers need to be 12 more diligent in receiving non-ferrous metals and forthcoming in furnishing vital 13 information to law enforcement officials as they investigate these crimes. It is the 14 intent of the I Liheslaturan Guahan to strengthen the reporting requirements of scrap 15 metal dealers and enact penalties for non-compliance. 16 Section 2. Chapter 74 of Title 11 of the Guam Code Annotated is hereby 17 repealed and reenacted to read as follows: 18 "Chapter 74. 19 Scrap Metal Dealers. 20 §74101. Definitions.

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1 2 3 4 5 6 7 8 9

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40

§74102. §74103.

§74104.

§74105. §74106.

§74107. §74108. §74109. §74110.

§74101. Definitions.

Hours of Operation Limited. Records Required For Purchasing Non-Ferrous Metal Property from the General Public. Requirements for Purchasing or Receiving Non-Ferrous Metal Property from the General Public. Record for Commercial Accounts. Reporting to Law Enforcement Officials. Preserving Evidence of Metal Theft. Unlawful Violations. Civil Penalties. Exemptions.

As used in this Chapter, the following words and phrases are defined to mean:

(1) "Commercial account" means a relationship between a scrap metal business and a commercial enterprise that is ongoing and properly documented under §74104 of this Chapter.

(2) "Commercial enterprise" means a corporation, partnership, limited liability company, association, government department or agency, public corporation, or any other legal or commercial entity.

(3) "Commercial metal property" means: Utility access covers; street light poles and fixtures; road and bridge guardrails; highway or street signs; water meter covers; traffic directional and control signs; traffic light signals; any metal property marked with the name of a commercial enterprise, including but not limited to a telephone, commercial mobile radio services, cable, electric, water, natural gas, or other utility; unused or undamaged building construction materials consisting of copper pipe, tubing, or wiring, or aluminum wire, siding, downspouts, or gutters; aluminum or stainless steel fence panels made from one inch tubing, forty-two inches high with four inch gaps; aluminum decking, bleachers, or risers; historical markers; statue plaques; grave markers and funeral vases; or agricultural irrigation wheels, sprinkler heads, and pipes.

( 4) ''Non ferrous metal property" means metal property for which the value of the metal property is derived from the property's content of copper, brass, aluminum, bronze, lead, zinc, nickel, and their alloys. "Nonferrous metal property" does not include precious metals.

2

1 (5) "Precious metals" means gold, silver, and platinum. 2 (6) "Record" means a paper, electronic, or other method of 3 storing information. 4 (7) "Scrap metal business" means a scrap metal supplier, scrap 5 metal recycling center, and scrap metal processor. 6 (8) "Scrap metal processor" means a person with a current 7 business license that conducts business from a permanent location, that is 8 engaged in the business of purchasing or receiving nonferrous metal 9 property and commercial metal property for the purpose of altering the

10 metal in preparation for its use as feedstock in the manufacture of new 11 products, and that maintains a hydraulic bailer, shearing device, or 12 shredding device for recycling. 13 (9) "Scrap metal recycling center" means a person with a 14 current business license that is engaged in the business of purchasing or 15 receiving nonferrous metal property and commercial metal property for 16 the purpose of aggregation and sale to another scrap metal business and 17 that maintains a fixed place of business within the island. 18 (10) "Scrap metal supplier" means a person with a current 19 business license that is engaged in the business of purchasing or 20 receiving nonferrous metal property for the purpose of aggregation and 21 sale to a scrap metal recycling center or scrap metal processor and that 22 does not maintain a fixed business location in the territory. 23 (11) "Transaction" means a pledge, or the purchase of, or the 24 trade of any item of nonferrous metal property by a scrap metal business 25 from a member of the general public. "Transaction" does not include 26 donations or the purchase or receipt of nonferrous metal property by a 27 scrap metal business from a commercial enterprise, from another scrap 28 metal business, or from a duly authorized employee or agent of the 29 commercial enterprise or scrap metal business. 30 §74102. Hours of Operation Limited. A scrap metal business shall 31 not receive, transact or purchase any scrap metal products during the hours from 32 5:00 PM to 8:00 AM. 33 §74103. Records Required For Purchasing Non-Ferrous Metal 34 Property from the General Public. (a) At the time of a transaction, every 35 scrap metal business doing business in this territory shall produce wherever that 36 business is conducted an accurate and legible record of each transaction 37 involving nonferrous metal property. These records must be written in the 38 English language, documented on a standardized form or in electronic form, 39 and contain the following information:

3

1 (1) The name and signature of the person with whom the 2 transaction is made; 3 (2) The time, date, location, and value of the transaction; 4 (3) The name of the employee representing the scrap metal 5 business in the transaction; 6 ( 4) The name, street address, and telephone number of the 7 person with whom the transaction is made; 8 (5) The license plate number on the motor vehicle used to 9 deliver the nonferrous metal property subject to the transaction;

10 (6) A description of the motor vehicle used· to deliver the 11 nonferrous metal property subject to the transaction; 12 (7) The current driver's license number of other governtnent-13 issued picture identification card number of the seller or a photocopy of 14 the seller's drivers licenses or other government-issued picture 15 identification card; and 16 (8) A description of the predominant types of nonferrous metal 17 property subject to the transaction, including the property's classification 18 code as provided in the Institute of Scrap Recycling Industries Scrap 19 Specifications Circular, 2007, and weight, quantity, or volume. 20 (b) For every transaction that involves nonferrous metal property, 21 every scrap metal business doing business in the territory shall require the 22 person with whom a transaction is being made to sign a declaration. The 23 declaration may be included as part of the transactional record required under 24 Subsection (1) of this Section, or on a receipt for the transaction. The 25 declaration must state substantially the following: 26 "I, the undersigned, affirm under penalty of law that the property 27 that is subject to this transaction is not, to the best of my 28 knowledge, stolen property." 29 The declaration must be signed and dated by the person with whom the 30 transaction is being made. An employee of the scrap metal business must 31 witness the signing and dating of the declaration and sign the declaration 32 accordingly before any transaction may be consummated. 33 (c) The record and declaration required under this Section must be 34 open to the inspection of any commissioned local or federal law enforcement 35 officer of the territory or any government department or agency at all times 36 during the ordinary hours of business, or at reasonable times if ordinary hours 37 of business are not kept, and must be maintained wherever that business is 38 conducted for one year following the date of the transaction. 39 §74104. Requirements for Purchasing or Receiving Non-Ferrous 40 Metal Property from the General Public. (a) No scrap metal business

4

1 may enter into a transaction to purchase or receive nonferrous metal property 2 from any person who cannot produce at least one piece of current govemment-3 issued picture identification, including a valid driver's license or identification 4 card issued by any jurisdiction. 5 (b) No scrap metal business may purchase or receive commercial 6 metal property unless the seller: 7 (1) Has a commercial account with the scrap metal business; 8 (2) Can prove ownership of the property by producing written 9 documentation that the seller is the owner of the property; or

10 (3) Can produce written documentation that the seller is an 11 employee or agent authorized to sell the property on behalf of a 12 · commercial enterprise.· 13 (c) No scrap metal business may enter into a transaction to purchase or 14 receive metallic wire that was burned in whole or in part to remove insulation 15 unless the seller can produce written proof to the scrap metal business that the 16 wire was lawfully burned. 17 ( d) No transaction involving nonferrous metal property valued at 18 greater than Twenty Dollars ($20.00) may be made in cash or with any person 19 who does not provide a street address under the requirements of §74103 of this 20 Chapter. For transactions valued at greater than Twenty Dollars ($20.00), the 21 person with whom the transaction is being made may only be paid by a 22 nontransferable check, mailed by the scrap metal business to a street address 23 provided under §74103 of this Chapter, no earlier than ten (10) days after the 24 transaction was made. A transaction occurs on the date provided in the record 25 required under §74103 of this Chapter. 26 ( e) No scrap metal business may purchase or receive beer kegs from 27 anyone except a manufacturer of beer kegs or licensed brewery. 28 §74105. Record for Commercial Accounts. (a) Every scrap metal 29 business must create and maintain a permanent record with a commercial 30 enterprise, including another scrap metal business, in order to establish a 31 commercial account. That record, at a minimum, must include the following 32 information: 33 (1) The full name of the commercial enterprise or commercial 34 account; 35 (2) The business address and telephone number of the 36 commercial enterprise or commercial account; and 37 (3) The full name of the person employed by the commercial 38 enterprise who is authorized to deliver nonferrous metal property and 39 commercial metal property to the scrap metal business.

5

1 (b) The record maintained by a scrap metal business for a commercial 2 account must document every purchase or receipt of nonferrous metal property 3 and commercial metal property from the commercial enterprise. The 4 documentation must include, at a minimum, the following information: 5 (1) The time, date, and value of the property being purchased or 6 received; 7 (2) A description of the predominant types of property being 8 purchased or received; and 9 (3) The signature of the person delivering the property to the

10 scrap metal business. 11 §74106. Reporting to Law Enforcement Officials. (a) Upon 12 request by any commissioned law enforcement officer of the territory, every 13 scrap metal business shall furnish a full, true, and correct transcript of the 14 records from the purchase or receipt of nonferrous metal property and 15 commercial metal property involving a specific individual, vehicle, or item of 16 nonferrous metal property or commercial metal property. This information may 17 be transmitted within a specified time of not less than two business days to the 18 applicable law enforcement agency electronically, by facsimile transmission, or 19 by modem or similar device, or by delivery of computer disk subject to the 20 requirements of, and approval by, the chief of police or chief law enforcement 21 officer. 22 (b) If the scrap metal business has good cause to believe that any 23 nonferrous metal property or commercial metal property in his or her 24 possession has been previously lost or stolen, the scrap metal business shall 25 promptly report that fact to the applicable commissioned law enforcement 26 officer of the territory, the chief of police, or the chief law enforcement officer, 27 together with the name of the owner, if known, and the date when and the name 28 of the person from whom it was received. 29 §74107. Preserving Evidence of Metal Theft. (a) Following 30 notification, either verbally or in writing, from a commissioned law 31 enforcement officer of the territory that an item of nonferrous metal property or 32 commercial metal property has been reported as stolen, a scrap metal business 33 shall hold that property intact and safe from alteration, damage, or 34 commingling, and shall place an identifying tag or other suitable identification 35 upon the property. The scrap metal business shall hold the property for a period 36 of time as directed by the applicable law enforcement agency up to a maximum 37 of ten (10) business days. 38 (b) A commissioned law enforcement officer of the territory shall not 39 place on hold any item of nonferrous metal property or commercial metal 40 property unless that law enforcement agency reasonably suspects that the

6

1 known that the nonferrous metal property subject to the transaction was 2 stolen; 3 (7) Any scrap metal business to possess commercial metal 4 property that was not lawfully purchased or received under the 5 requirements of this Chapter; or 6 (8) Any scrap metal business to engage in a series of 7 transactions valued at less than Twenty Dollars ($20.00) with the same 8 seller for the purposes of avoiding the requirements of §74108.(5) of this 9 Act.

10 §74109. Civil Penalties. (a) Each violation of the requirements 11 of this Chapter that are not subject to the criminal penalties under §74108.(7) of 12 this Act shall be punishable, upon conviction, by a fine of not more than One 13 Thousand dollars ($1,000.00). 14 (b) Within two years of being convicted of a violation of any of the 15 requirements of this Chapter that are not subject to the criminal penalties under 16 §74108.(7) of this Act, each subsequent violation shall be punishable, upon 17 conviction, by a fine of not more than Two Thousand Dollars ($2,000.00). 18 §74110. Exemptions. The provisions of this Chapter do not 19 apply to transactions conducted by the following: 20 (1) Licensed motor vehicle dealers; 21 (2) Licensed vehicle wreckers or hulk haulers; 22 (3) Persons in the business of operating an automotive repair 23 facility; and 24 ( 4) Persons in the business of buying or selling empty food and 25 beverage containers, including metal food and beverage containers." 26 27 Section 3. Severability. If any provision of this Law or its 28 application to any person or circumstance is found to be invalid or contrary to 29 law, such invalidity shall not affect other provisions or applications of this Law 30 which can be given effect without the invalid provisions application, and to this 31 end the provisions of this Law are severable."

8

6714722825 BUREAU OF BUDGET 09:36 22 a .m .

Bureau of Budget & Management Research Fiscal Note of Bill No.156 (EC)

01-07-2008 2 /12

• Title (Preamble): AN ACT TO REPEAL AND REENACT CHAPTER 74 OF TITLE 11 OF THE GUAM CODE ANNOTATED RELATIVE TO PROTECTING AND RECOVERING PROPERTY OWNED BY UTILITIES, TELECOMMUNICATIONS COMPANIES, GOVERNMENT ENTITIES, CONSTRUCTION FIRMS, AND OTHER PARTIES

Depart.men.I of Revenue & Tu:alioo

Department's General Fuod (GF) :approprialioo(J) to dale:

epartment's Other Fond (specify): Better Public e.-victs Fund11pproprlatlon(s) to date:

Total Department/Agency Approprialloo(s) to date:

FY 2008 Adopted Rnenues

FY Appro. to P..L. 29-41

Sub-total:

Leu appropriation in Bill

Tol..ll:

General Fu11d

Other Fund:

Total

One Full Fhical Vear

Current FY (if applicable)

1. Does the bill contain "revenue generating" provisions? If Yes, see attachment

Second Year

2. Is amount appropriated adequate to fund the intent of the appropriation? If no, what is the additional amount required? S

3. Does the Bill establish a new program/agency? Ir yes, will the program duplicate existing programs/agencies? Is there a feder..11 mandate to establish the program/agency?

4. Will the enactment of this Bill require new physical facilities? 5- Was Fiscal Note coordinated with the affected dept/agency? If no, indicate reason:

!XI Requested agency comments not received by due date I I Other:

Date: I .,_. '

Footnotes:

Third Year

/XI NIA

!Xi NIA ·

SS,396,640

$742,SOO

S9,J39,140

Fourth V~r Fiflh Year

Yes /XI No

Yes I I No

I I Yes /XI No I I Yes I I No I I Yes /XI No I I Yes !XI No /XI Yes I I No

1/: In its current form, the proposed legislation's intent is to strengthen the reporting requirements of scrap metal dealers and enact penalties for non-compliance. Such efforts are a direct result of increased destruction and theft of public and private property to include thefts at the War in the Pacific World War II Memorial and at the Skinner's Plaza. Based on new fines outlined in §74109 or the subject Bill, the Bureau projects lines of approximately S2,000 to $4,000 per year based on a rate of two (2) to four (4) violations per year. However, the Bureau anticipates that increase enforcement will deter potential offenders. The Bureau is precluded from determining a more accurate collection rate absent detailed information .-om the Department of Revenue & Taxation to include the number of licensed scrap metal dealers on island and a yearly average of violations.

However, based on the Bureau's estimate, tine collections will be nominal at best given :accountability pressure on scrap metal dealers due to the 1forementioned thefts.

BBMR-FNI

MINA'BENTE NUEBE NA LIHESLATURAN GUAHAN TWENTY-NINTH GUAM LEGISLATURE

Senator Edward J.B. Calvo. VICE SPEAKER

Chairman COMMTITEE ON FINANCE, TAXATION COMMERCE AND ECONOMIC DEVELOPMENT

Website: www.senatoreddiebazacalvo.com E-Mail address: [email protected] 155 Hesler Street Hagatfia, Guam 96910

OFFICE OF FINANCE AND BUDGET

Telephone: (671) 475-8801 Facsimile: (671) 475-8805

Cotntnittee Report on

Bill 156 (EC): u AN ACT TO REPEAL AND REENACT CHAPTER 74 OF TITLE 11 OF THE GUAM CODE ANNOTATED RELATIVES TO PROTECTING AND RECOVERING PROPERTY OWNED BY UTILITIES, TELECOMMUNICATIONS COMPANIES, GOVERNMENT ENTITIES, CONSTRUCTION FIRMS, AND OTHER PARTIES."

Committee Report Bill Number 156 (EC)

Committee on Finance, Taxation, Commerce and Economic Development

I Mina' Bente Nuebe Na Liheslaturan Guahan Committee on Finance, Taxation, Commerce and Economic

Development Sinadot Edward J.B. Calvo, Ge' hilo

I. OVERVIEW

The Committee on Finance, Taxation, Commerce and Economic

Development held a public hearing on Wednesday November 28, 2007, at I

Liheslaturan Guahan's Public Hearing Room on Bill No. 156 (EC), "AN ACT TO

REPEAL AND REENACT CHAPTER 74 OF TITLE 11 OF THE GUAM CODE

ANNOTATED RELATIVE TO PROTECTING AND RECOVERING PROPERTY

OWNED BY UTILITIES, TELECOMMUNICATIONS COMPANIES,

GOVERNMENT ENTITIES, CONSTRUCTION FIRMS, AND OTHER PARTIES."

Notices for the public hearings were disseminated throughout all local

media via facsimile and are attached herein meeting the requirements of the Open

Government Law.

a. Committee Members and Senators present: Senator Edward J.B. Calvo, Chairman Senator Jesse Lujan Senator ben c. pangelinan Senator Adolpho Palacios

b. Appearing before the Committee: Ron McNinch, private citizen Eric Hsueh, Pyramid and Formosa Recycling Joaquin Flores, GP A Graham Botha, GP A

1



c. Written Testimonies received: Joaquin Flores, GP A

II. SUMMARY OF VERBAL TESTIMONIES:

Chairman Edward J.B. Calvo called the Committee on Finance, Taxation,

Commerce and Economic Development to order by welcoming and introducing

senators present. Chairman Calvo recognized individuals who signed up to testify

on Bill 156 (EC), Mr. Ron McNinch, Mr. Eric Hsueh, Mr. Joaquin Flores and Mr.

Graham Botha. Mr. McNinch, Mr. Flores and Mr. Botha all testified in favor of Bill

156.

WRITTEN TESTIMONIES:

Mr. Flores' written testimony cited support for the strengthening of

reporting requirements of scrap metal dealers and the enactment of penalties for

non-compliance. The Committee continued to receive written testimonies

regarding Bill 156 for the next ten working days in compliance with local law. No

additional testimony on Bill 156 was received.

IV. COMMITTEE RECOMMENDATIONS:

The Committee on Finance, Taxation, Commerce and Economic

Development to which Bill No. 156 (EC), AN ACT TO REPEAL AND REENACT

CHAPTER 74 OF TITLE 11 OF THE GUAM CODE ANNOTATED RELATIVE TO

PROTECTING AND RECOVERING PROPERTY OWNED BY UTILITIES,

2



TELECOMMUNICATIONS COMPANIES, GOVERNMENT ENTITIES,

CONSTRUCTION FIRMS, AND OTHER PARTIES" was referred, does hereby

submit recommendations to I Mina' Bente Nuebe Na Liheslaturan Guahan, TO

REPORT OUT Bill No. 156 (EC).

3

I Mina' Bente Nuebi Na Liheslaturan Guahan TWENTY-NINTH GUAM LEGISLATURE


Chairman, Committee on Finance, Taxation, Commerce & Economic Development OFFICE OF FINANCE AND BUDGET

E-Mail address: [email protected] Website: www.senatoreddiebazacalvo.com 155 Hesler Place, Hagcitfta, GU 96910

November 28, 2007


The Committee on Finance, Taxation, Commerce and Economic Development

Notices for the public hearing were disseminated throughout all local media via electronic mail on November 20 and November 26, meeting the requirements of the Open Government Law.

Public Hearing Agenda:

10:00 a.m.

/Bill No. 19l(EC) - An act to repeal the tax exemptions for banks, banking institutions, small lenders and building and loan associations, by amending §26202(f)(l) and (2) of

·.,,Article 2, Chapter 26, Title 11, Guam Code Annotated, relative to tax on banks, banking institutions, small lenders, and building and loan associations.

. Bill No. 156(EC) - An act to repeal and reenact Chapter 74 of Title 11 of the Guam Code Annotated relative to protecting and recovering property owned by utilities,

.,,>it:~~~unications companies, gov~rn_ment entities, construction firms, and other

~·~y~ -0 No. 183(EC) - An act authorizing I Maga 'lahen Guahan to enter into a promissory 4 I t-1' eement with the Guam Power Authority for the payment of certified past due street

<( light accounts.

Bill No. 140(EC)-An act to amend Section 9 of Public Law 24-141 relative to reducing the total tax credit from Nine Million to Five Million Dollars for the Guam Raceway Park.

The Committee will allow up to ten (10) working days, after the public hearing date, for testimonies to be submitted to the Chairman, Committee on Finance, Taxation, Commerce and Economic Development. Deadline for testimonies to be submitted will be on December 13, 2007.

Committee on Finance, Taxation, Commerce and Economic Development Senator Edward J.B. Calvo, Chairman

Public Hearing: Wednesday, November 28, 2007 • 10:00 a.m. I Liheslaturan Guahan, Hagatfla

Witness Sign-in sheet

Bill No. 156(EC) -An act to repeal and reenact Chapter 74 of Title 11 of the Guam Code Annotated relative to protecting and recovering property owned by utilities, telecommunications companies, government entities, construction firms, and other parties.

NAME AGENCY/ ORAL WRITTEN IN NOT IN CONTACT (Please print) ORGANIZATION TESTIMONY TESTTh10NY FAVOR FAVOR NUMBER

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Page __ of __

GUAM POWER AUTHORITY ATURIOAT !LEKTRESEDAT GUAHAN

P.O BOX 2977 • AGANA. GUAM U.S.A. 969322977

The 29th Guam Legislature 155 Hesler Street Hagatna, Guam 96910

REF: Testimony on Bill 156

November 28, 2007

TO: I MINA BENTE NUEBI NA LIHESLATURAN GUAHAN

My name is Joaquin C. Flores, P.E. I am the General Manager of the Guam Power Authority. I am here to testify in support of Bill No. 156. I am providing this testimony in my official capacity. This testimony has not been adopted by the Consolidated Commission on Utilities, but it is my

intention to bring it to the CCU for adoption at a later date.

I am in support of the intent of Bill No. 156 to strengthen the reporting requirements of scrap metal dealers and enact penalties for non-compliance. GP A is still plagued by copper wire thefts. I would also encourage the legislature to support the Guam Police Department and the Attorney General's Office in staffing needs, as they are the agencies responsible for the enforcement of these proposed changes and the existing laws, including P.L. 28-18, proposed by GPA in 2005 .

cc: The Honorable Governor of Guam Consolidated Commission on Utilities GMCUS File

Sincerely,

JOAQUIN C. FLORES, P.E. General Manager




E-Mail address: [email protected] Website: www.senatoreddiebazacalvo.com 155 Hesler Place, Hag<itfta, GU 96910

November 26, 2007 (within 48 hours of hearing date)

Public Hearing Notice 5 GCA §8107

Telephone: (6 71) 475-8801 Facsimile: (671) 475-8805

The Committee on Finance, Taxation, Commerce, and Economic Development (Committee) has scheduled a public hearing on the following bills:

• Bill No. 156(EC) - An act to repeal and reenact Chapter 74 of Title 11 of the Guam Code Annotated relative to protecting and recovering property owned by utilities, telecommunications companies, government entities, construction firms, and other parties.

• Bill No. 191(EC) - An act to repeal the tax exemptions for banks, banking institutions, small lenders and building and loan associations, by amending §26202(f)(l) and (2) of Article 2, Chapter 26, Title 11, Guam Code Annotated, relative to tax on banks, banking institutions, small lenders, and building and loan associations.

• Bill No. 183(EC) - An act authorizing I Maga 'lahen Guahan to enter into a promissory agreement with the Guam Power Authority for the payment of certified past due street light accounts.

• Bill No. 140(EC)-An act to amend Section 9 of Public Law 24-141 relative to reducing the total tax credit from Nine Million to Five Million Dollars for the Guam Raceway Park.

The hearing will be held on Wednesday, November 28, 2007, 10:00 a.m., at I Liheslaturan Guahan 's Public Hearing Room in Hagatiia.

If written testimonies are to be presented at the hearing, the Committee requests that copies be submitted one day prior to the public hearing date, to the Office of Vice-Speaker/Senator Edward J.B. Calvo, 155 Hesler Place, Hagatna, or sent via fax to 475-8805, or e-mailed to [email protected]. Copies of the aforementioned bill(s) may be obtained at I Liheslaturan Guahan 's website, www.guamlegislature.com. Individuals requiring special accommodations or services should contact the office at 475-880112.




E-Mail address: sencalvo@)grnail.com Website: www.senatoreddiebazacalvo.com 155 Hesler Place, Hagatfta, GU 96910

November 20, 2007 ( 5 working days prior to hearing date)

Public Hearing Notice 5 GCA §8107


The Committee on Finance, Taxation, Commerce, and Economic Development (Committee) has scheduled a public hearing on the following bills:

• Bill No. 156(EC) - An act to repeal and reenact Chapter 74 of Title 11 of the Guam Code Annotated relative to protecting and recovering property owned by utilities, telecommunications companies, government entities, construction firms, and other parties.

• Bill No. 191(EC) - An act to repeal the tax exemptions for banks, banking institutions, small lenders and building and loan associations, by amending §26202(£)(1) and (2) of Article 2, Chapter 26, Title 11, Guam Code Annotated, relative to tax on banks, banking institutions, small lenders, and building and loan associations.

• Bill No. 183(EC) - An act authorizing I Maga 'lahen Guahan to enter into a promissory agreement with the Guam Power Authority for the payment of certified past due street light accounts.

• Bill No. 140(EC)-An act to amend Section 9 of Public Law 24-141 relative to reducing the total tax credit from Nine Million to Five Million Dollars for the Guam Raceway Park.

The hearing will be held on Wednesday, November 28, 2007, 10:00 a.m., at I Liheslaturan Guahan 's Public Hearing Room in Hagatfla.

If written testimonies are to be presented at the hearing, the Committee requests that copies be submitted one day prior to the public hearing date, to the Office of Vice-Speaker/Senator Edward J.B. Calvo, 155 Hesler Place, Hagatii.a, or sent via fax to 475-8805, or e-mailed to [email protected]. Copies of the aforementioned bill(s) may be obtained at I Liheslaturan Guahan 's website, www.guamlegislature.com. Individuals requiring special accommodations or services should contact the office at 475-880112.

g twenty-ninth guam legislature reports/bill no. 156... · 2017-04-06 · i m i n a 'b e n...

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