Create a Bill Format in Word for Planning Effortlessly

Bill format in word for Planning

e T Guam the 37 Guam legislature is back in session it is Friday December 13 2024 and we are now on Bill number 363 d 37c speaker tahi you are recognized sui I like to make a motion to place bill number 363 37 Co is amended by the committee on health land Justice and culture it's an act um to amend section 63506 c of Article 5 chapter 63 Title 5 Guam Cote annotated relative to memorandums of agreement under the Guam Forest system plan and to adopt the Guam Forest system plan attached here to as exhibit a in ance with the provisions of Article 5 chapter 63 Title 5 Guam code annotated the Guam forestry Legacy act and so just to note for my colleagu so this bill should have an attachment exhibit a it's hundreds of pages long and I think that's why it wasn't literally passed out but it is on the drive all right so this was um a plan well let me just go backwards oh I'd like to make that motion to place it on Third and if I could discuss please proceedi so this is a a plan that's been to submitted to us as was directed in a law decades ago for the Department of Agriculture Bureau of Statistics and plans and others to get together with Land Management and delineate uh the the for system plan what properties would be included in it uh for conservation areas and for other purposes so ing to that law the plan was submitted on Monday September 23 2024 and in ance uh with the deadline the public hearing was held on Tuesday sorry um the deadline I mean the public hearing was held and the legislature has 90 days from that public hearing sorry from the date of the filing to either pass the plan approve disapprove or amend so this is in Bill form now so that we can make amendments and the committee in fact did make one amend or a couple amendments to the plan and uh for any other action that the legislature might want to take before that plan lapses by fault so the Guam forestry Legacy Act was passed in 2012 it established a framework for protection conservation management of Guam's natural resources habitats ecosystems open spaces and historic artifacts and set aside land for outdoor recreation and education it recognized the responsibility of the government to allow the Department of Agriculture to meet its mission for conservation and protection and to coordinate with Department of Land Management Department of Parks and Recreation and the department of land man sorry and the department of Parks and Recreation they were supposed to get together and create an inventory of lands that should be designated for conservation and included in what's called their inventory and that was by um statute section 63504 of Title Five and so they have finally they've finally done this they have an inventory of land included in the attachment which includes the lot numbers the size and location for the potential use in the system the public interest in the system they were also supposed to Define the proposals for maintenance and enhancement of these system environments and stipulations for public access for recreational and educational use this was one of the big concerns that I had in reviewing this plan which is why I took my time is because I wanted to make sure some of these lands are currently used by hunters and other people and I wanted to make sure that by designating them all the public was going to know these are government lands whether their access was going to be restricted and in fact we're making it so well they've promised that access would not be restricted if there was access currently all right so years AO go there were some properties that were designated for conservation in laws many past several years ago even before this this forestry Act was passed they had set asight land for conservation areas and I want to name those why I keep looking around some of those are are familiar and then there were some lands where that they've added in their inventory such as Santas park in py that the mayor also testified that he want you know they are using they have jurisdiction of the park right now they are using it for recreation purposes and you wanted to make sure that Recreation purposes would not be impeded but some of the the original conservation lands that were set aside by uh previous legislatures included areas in talao called kot and areas in humat called Banos atti and so they've expanded those and of course the Department of Agriculture currently has placed some priority in its efforts at the Gus in mesu they're also combating and trying to take care of areas um I think in the s Manel Manel G us as Cocos Island and some other areas but the list is attached and I want all of you my colleagues to make sure they take a look at that uh that was really the the the meat of the public hearing was that list that inventory that they're proposing so in the bill you'll see that we're passing the forest system plan attached together with the appendices and that we're very much clearly delineating that this bill is not intended to transfer Authority or jurisdiction of these properties that are listed in the inventory because some of these properties are currently under the jurisdiction of Mayors the Department of parks and wreck they're under the jurisdiction of the chimor lant or the guaman cestal Lance commission so while we may designate them as conservation areas or they should be used for conservation these are the ideal properties ing to the team that got together and from these agencies to develop this inventory list but the jurisdiction will not transfer so they must work with those who have jurisdiction of the properties before they do anything and they can enter into M us to you know regarding how the properties will be used and so on section three of the bill we very clearly delineated that not just parks and wreck but also all government agencies who had including chor lantas and ancestral lands would if they have jurisdiction over this property they would retain jurisdiction over their property that was a big concern before we go any further Mr chair I'd like to um profer an amendment guess it's being pass out right now so colleagues clerks are passing out the amendment right now the amendment says again that the adopted Forest system plan is not intended to transfer Authority or jurisdiction of properties herein that will be added to sub section three of the bill page 3 to 4 line 26 we're going to add that double underlined sentence that says not intended to transfer Authority or jurisdiction of the properties and and the above under double underlining is really just the technical articles A and C and subsection a of the plan itself and that's really the B that is really the long Amendment it's to add that one sentence that says jurisdiction is not transferred and then all the rest is pretty much technical so I I motion that Amendment on the amendment does anyone wish to speak on the amendment does anyone wish to speak on the amendment if not the sponsor May close she waves closing uh on the amendment is there any objection to the amendment seeing hearing none Amendment passes see just m so that pretty much I'm hope is an adequate description of the plan that I'm proposing by this bill to pass it's a plan that was developed with the hard work they they really set aside a lot of time and a lot of effort to to go over each piece of property that they put on this list so I want to commend the Departments of um agriculture Land Management Bureau of Statistics and planning and others for for their indepth work to come up with this uh in pursuit of the Department of agriculture's mandate to for to designate conservation areas suus masi uh the main motion is there anyone who wishes to speak on the main motion on the main motion Bill 363 does anyone wish to speak on the bill if not the author may close M to my colleagues this bill 363 will significantly strengthen Guam's Forest conservation efforts by adopting the Guam Forest system plan and establishing the department of agriculturals role in managing these designated foraging for Forest lands the Amendments address critical jurisdictional concerns raised during testimonies and clarifies that the bill does not transfer property but it brings the Department of Agriculture into these properties that other agencies might have jurisdiction of in order to facilitate Forest conservation efforts and we know our forest on Guam very critical to our water supply critical to our quality of life uh because of our underground water supply and our above groundwater Supply in the South both of them the forest is a very critical component this was recognized by legislatures years ago so this is uh a very big move forward for all of these agencies and so I thank my colleagues for their support on this bill I hope it will get past and that these uh Department of Agriculture will continue its work to um ensure our forests are conserved they are protected and that we work with all of the other entities to make sure that that happens sui I move that the bill uh as amended be placed on third reading on a motion is there any objection seeing hearing none motion carries Mr chair Mr Speaker Senator D you're right at this time I make a motion to go back to motions there's a motion to go back to motions any objection there's been an objection all in favor uh please signify by raising your hands four five motion carries Mr chairman at this time I move uh to reconsider the actions on Bill 250- 37 on the motion to reconsider the actions of the body on Bill 250 -37 is there any objection there's been an objection uh all those in favor please signify Again by raising your hands motion carries Mr chairman at this time I move to place 25-37 into the third reading file for voting yes I can I'm I was closing on the bill Mr chair I was closing on the bill and I was moving it to the third reading when it was objected to so that is where we are right now on 25037 the motion to re the motion to reconsider the bill passed so we will reconsider that bill in second reading you can make a motion to put it to third however we're not in second reading yet so we're still in motions so so we're still under motions so I mooved to go to the second reading file at this time Madam speaker for consideration on Bill 25037 not withstanding the house rules all right well okay there's a motion we are going to go to Second reading of course but all right we're still under motions did you have a motion was there I think we got to dispose of my motion M chair all right there's a motion notwithstanding the rules uh to move to Second reading right now we're still under motions is there any objection there's an objection all in favor please raise your hand motion passes in the second reading file Madam chair I now move to Pace 25-37 in the third reading file for voting for voting all right there's a motion to place the bill to the third reading on that motion is there any senator who would like to be recognized everybody already spoke on the bill Madam chair on the point reconsidering the bill on the consideration it's the motion mad chair yes this is the motion we make the reading is to put the bill a point of information mad now we are opening it up for any debate on that motion Madam speaker on a point of information please State your point of information uh just on the on the processes of this format that has gone through we've gone through the proper channel of considering the actions of the body to go back to motions and then to go to the third reading and then from the third reading now to go into the voting file and that on that understanding I don't think to go to the voting file is is debatable because we're already past that stage it's either to vote uh or object to go into the voting file so I just want clarification if that because the measure has already been spoken to and we're just moving it to the voting file we're reconsidering the motion to place it in the third reading that's the motion that we are that's the motion that failed that is being reconsidered so we are reconsidering that motion so the so we are doing this as we do it all the time we are reconsidering the motion on the motion to place the bill into the third reading file for voting is there anyone who would like to be recognized Madam chair this time I request I reest the Parliamentary uh ruling on this thank you madam speaker my ruling thank you madam speaker for over the chair thank you madam speaker for the opportunity to speak on uh the bill 35-37 unfortunately Madam speaker this legislation as we discussed on it earlier did not pass the body and for good reason here we are sding on a Bill and you can imagine if all the other bills were like this putting the cart before the caraval this Madam speaker is not the proper way to do legislation it's not the proper way it was discussed several times like oh we're going to decide later on how much this is going to cost after we put this group together it was discussed but Madam speaker if that's the case then why did bbmr submit documents uh the the uh um fiscal note claiming that it's going to need two employees it's going to need an additional employee so around three employees and it's going to cost so far over $500,000 so we're already looking at creating legislation for more hires to do a job that the post commission already has the ability to do do a job where where already the governor of Guam has the ability to activate these individuals we're putting through legislation that's a waste of the people's money the waste of this body's time that's why the bill failed those who are voting today weren't even here when the discussions were going on to discuss this they didn't hear all the arguments as to why this bill is not needed but only creating more political hires so Madam speaker I objected to this because this bill though the intent is admirable to curb what's happening on this this island this virus of drugs happening on this island but the bill says that we're going to take from other areas of the government of Guam to put police officers on the street like the Port Authority like the airport well who's going to monitor those areas when the drugs come in that where in that area or those agencies who's going to monitor parks and wrecks for those poaching causing wildfires for parks and wck who's going to man that the biggest issue we have with getting officers on the street is to assist them to pass the test even the chief of police explained to us the most difficult part of getting recruits through is to pass the test the simple math test the simple English test and there was already talks of working with GCC to assist these recruits to assist those individuals who want to be police officers who want to be a part of protecting our Island that's how we do it we don't take steal from Peter to pay Paul and this is what this bill does we already know there's a shortage and this bill is going to force to take other areas of entry on this island that we know drugs are coming through an open door I wish those people who who voted for this to to move forward were here during session when we discussed this because I'd like to know why they're voting for this bill when they would even here to hear to listen to some of the argument $520,000 per political hires so they can do exactly what the post commission has the responsibility of but most especially the governor of Guam has the ability to activate police officers has the ability to bring all those agencies she already has that ability to do that this is just a a bill that's you know I I would like I'd hope to God that the bills that we put through are going to make a difference really make a difference in our community but this bill doesn't do that so I ask my colleagues to think this out you're voting on something why because it's a favor for someone or is it really to protect our people of Guam that you stand up here day day after day and stand in this session claiming you want to be the person that protects our Island cares for our people well you're not doing it by voting for this bill that's right Senator Fisher I wish you were here to listen to some of the arguments oh it doesn't have to then maybe you'll see the reasoning why this boat Bill won't really do anything so I ask my colleagues to really think about this thank you madam speaker for the opportunity and to the people of Guam I hope and pray that this next term that we can all work together on finding good Solutions and utilize funding sources that are critically needed in areas that are so short changed in this government instead of creating more jobs for individuals that we already do the job already you know it doesn't make any sense it it really doesn't it's very simple look at the bill and you tell me how is this going to help thank you madam speaker cus masi Senator on the bill is there any senator who would like to speak on the bill on the bill yes Senator Blas your thank you madam speaker Madam speaker first off further deliberation on this bill is not necessary and that the motion was to reconsider the actions of the body relative to this Bill the reconsideration was the was on the vote it wasn't on the discussion we went past that already we went past the discussion that was the motion that was the procedure the for you to rule that we're we're going to go and regurgitate the motion the whole discuss I'm still talking Madam speaker yeah but I'm just going to clarify the the you got the ruling that was made is that the the motion was made to reconsider the action of the body the actions of the body were on the motion to place in the third reading the the actions of the body was the motion of the body was to was to reject the placement of the into the third read corre that was the action what we are currently reconsidering no you're not reconsidering you're reconsidering the only motion that we can reconsider because that's the one that failed Madam speaker you're reconsidering the whole motion you're reconsidering the the motion was to go to third reading it wasn't to stay in second reading and discuss it it was to go to third reading the discussion had already been done you gaveled it you gaveled it yes and the motion failed to put it in third now today they made a motion to reconsider that and we are doing that right now the discussion was we are comping the last motion The Last Action of the body was it failed to pass it the they failed to pass the motion to put it into on that failure we are reconsidering that that's correct Senator we are reconsidering on that motion we are on that motion right now that's correct yes we are on that motion the motion okay the mo place in third the motion had already want to reconsider it now you're reconsidering the actions of the body the action of the body was to Fe was was was was not not not to pass it that was the action of the body it's on the motion to place in third that is we go by motions that was the motion that was made that failed M speaker if you look that's the motion that was reconsidered and we are reconsidering it right now the motion is to reconsider okay correct the motion was to and to discuss it read how we always work through this the motion is can we motion to send it the third reading and I would like to discuss it conjunctive word and there's an and to that the motion that was disc okay considered here is the action of the body to the motion to send it the third reading it was in the end yeah okay Madam speaker that's it's in the standing rules it's in Masons that motion was to please State your um point of order if you have a point point of order Madam speaker is this canite the point of order sen F going marrow that Madam speaker I Rise to a point of information he's has U he's stating a point of order so he has priority I yield to his point of information um if we could just a point of information sir if we could all just consult Mason's manual at section 81 subb Senator BL Senator Bloss reference has been made to section 81 of the Mason's manual which says that the motion to reconsider is debatable there was no debate on that motion that motion passed do you really want the motion that's correct okay so what it I said it passed Senator please listen to what I'm saying I said it passed without debate so now we are reconsidering the motion that previously failed which was a motion to place the bill in third reading right and if you go to rule 84 section 84 of the same Mason's manuals you'll see the following motions open the main motion to debate one B is a reconsider a debatable motion a motion to place a bill in third reading is always a debatable motion and we are right now going to debate it and then you can vote on it and do whatever you like in the voting there's this is how call for the previous question Madam speaker there's a motion for the previous question which would cut off debate further debate objection Madam speaker there's an objection all in favor of uh the motion for the previous question which would cut off debate on the motion to move the bill to the third read meeting is there's been an objection all in favor please raise your hand motion carries this time Madam speaker I motion to place 25-37 in the third reading file for voting Senator dwes can you please um read restate the motion and and indicate that it was further amended on the floor amend and further amended on the floor mad speaker uh let me consult with the clerk because I don't believe any amendments were placed on the bill oh I just did consult with the clerk you may consult with the clerk Madam speaker at this time I move bill 25-37 into the third reading file as further amended on the floor on that motion is there any objection there's an objection all in favor of moving the bill to third reading as amended it and further amend it on the floor please raise your hand uh motion carries e right we're going to take a two minute recess for copies e e e e e e e e e e e e e e e e e e e e e e e e from we're back from Recess we're on Bill 36537 Co copies have been passed out Senator peris you are recognized thank you madam speaker I move to accept substitute version of Bill 36537 onto the floor on that motion to accept the substitute version that's been passed out the markup copies also on the drive is there any objection seeing no objection that motion carries uh thank you madam speaker I move to place bill number 365 as amended by the committee environment revenue and Taxation labor procurement statistics research and planning and that further substituted on the floor into the third reading file and I which to discuss please proceed so Bill 36537 aims to establish a limited Cooperative Association within Guam law limited Cooperative Association is an alternative type of business model that is an autonomous unincorporated association of persons United to meet their Mutual interests through a jointly owned Enterprise primarily controlled by those P perp persons for any lawful purpose and in this substitute version I included and for the public benefit uh which com permits combining ownership financing and receed of benefits by members it's a type of Cooperative that includes both Patron and investor members a limited Cooperative Association is subject to filing fees taxes interest and penalties imposed by the Department of Revenue and Taxation traditionally cooperatives offer an alternative way of doing business which is associated with an equitable distribution of profits and and losses a democratic and egalitarian control by members who are often the workers those who establish cooperatives are attracted to these principles because they combine the social W welfare of the workers and the public benefits such as Environmental Protections with financial sustainability multiple academic Studies have found that cooperatives with worker govern governance and ownership are as profitable as or more profitable than ordinary firms and researchers note that in Co-op incentives are better aligned people benefit directly when their Co-op succeeds and so they are more committed they also find that Democratic governance empowers workers to suggest improvements that increase their satisfaction and can lead to more profitability so with the evolution of cooperatives the limited Cooperative Association was developed to provide access to funding through investors and Bill 36537 was created using the the uniform limited Cooperative Association model code that is organized in this bill um in 18 articles and this uh that specifies essential aspects of the governance of a limited Cooperative Association from its creation through its organic law uh laws such as the um bylaws and the Articles of Incorporation it includes filing naming registering access to information by members distribution of uh distribution of uh uh profits uh reporting Public Notices of meetings both annual and special meetings uh how to obtain membership uh members interest the transferability of Interest the allocation of profits and losses uh directors and officers Quorum dissolution of applicable uh and in this case in the substitute bill I remove uh um article 16 which deals with mergers in the development of Bill 36537 changes were made to the model code to increase safeguards and accountability so some of the changes include ensuring to ensure that Patron members retain control um in the bill was included that they retain at least 80% of the total voting power should should the Cooperative include investor members it it defines a foreign Cooperative as one that is organized in a jurisdiction within the United States but outside of Guam it prohibits dual capacity U of A investor and a patron member again this was meant to ensure that Patron members retain control it would require the documents to be signed those that are submitted to DRT it requires notices written notices of the agenda uh of any annual special meeting to members it does not allow the delegation of amendments by the board of directors it would require two Patron it require two members in its formation uh so anything less would dissolve it would dissolve this Co Cooperative it prohibits action without a meeting so members and this ensures consent by the members it clarifies that it does not affect the current not for-profit Cooperative uh that currently exist in statutes so those that have formed Cooperative such as the fisherman's Co-op the Farmers Co-op are not affected by this bill it adds a definition of public benefit as part of the purpose of organizing a limited Cooperative it puts article 16 which is about mergers on reserve and uh it includes other safeguards for those wanting to uh go into developing Cooperative in looking at the success story of mandragon Cooperative in Spain what started as a workers cooperative for kerosene heaters has grown to a conglomerate of diverse cooperatives that produces bicycles elevators jet engines Rockets turbin R&D centers a grocery chain and schools that has transformed a once impoverished region to one that is thriving today so Bill 365 aims to add this alternative business model that is based on equitable distribution and Democratic control by its members uh to become financially sustainable and which has a potential to develop a sustainable economy on Guam with improved livelihoods of our people and I ask for my colleague support masi s just masi Senator on the bill is there any senator who would like to be recognized on the bill Senator Fisher you're recognized um thank you ma'am uh I actually just uh I Rise to ask the proponent of the bill the author of the bill uh uh a number of questions about the bill if I may the first question uh Madam speaker would be I thought I heard her refer to an automatic disillusion uh proceeding if uh something triggers it I wonder if she could restate that would the sponsor yield to that question yes thank you for that question I I think it's so important because although there's a lot of um you know altruistic reasons to start a Cooperative it's really important to look at the fine details of of uh these um or bylaws so when regards to dissolution so that if you look at the um table of content so there is a section on dissolution so just like any any Corporation any company any entity um it lays out so this is in article 12 so it lays out certain things that would lead to a dissolution and so if you look at article 12 if you want to turn to that section of article 12 they have a page number 77 77 yeah so there's uh voluntary dissolution by the board members that could happen and of course that would require U the members uh consenting to that I think um the um Madam speaker does that complete the answer uh no no yeah so just give me one second I'll look for the exact uh certainly time uh Madam speaker um is my friend looking for Section 17 1214 on beginning on page 87 e Madam speaker if we could have just one minute recess we'll take a one minute recess e we're back from Recess Senator fiser you have the floor uh thank you uh thank you madam chair um I'd like to move on to a separate question and perhaps another member can return to that um I'm specifically on this question uh Madam speaker it has to do with section 177103 of the offer bill that 17 18103 and the question as soon as we get to it page eight yes thank you very much ma'am uh the nature of a limited cooperation or Cooperative Association uh it says that a limited Madam speaker it says that a limited Cooperative Association organized under this act is an autonomous unincorporated association of persons Etc um which permits combining ownership financing under A1 and under A2 it says separate Investments but it also says under Section B the fact that a limited Cooperative Association does not have one or more of the characteristics described in subsection a does not prevent the association from being formed as I read that is it true that um you could form a corporate uh a limited Cooperative Association and not comply with subsection a and that's a speaker for the author or a question for the author ma'am would the sponsor yield to that question yes I believe that's what the interpretation looks like um that it does not have to have one or more um but I'm open to making any changes to ensure that that is not the case um thank you ma'am um I uh I get my only observation would be um I'm not I'm not sure how uh you would uh well I'm not sure how this could be amended uh unless we were to strike uh section B but I would leave that up to uh my friend's consideration on her bill um I knowe that the life of uh this Corporation is Perpetual unless uh otherwise stated uh and then uh if I could just ask another question of um my friend uh Madam speaker does this article allow an organizing entity to do anything that they could not do under a limited liability format sponsor yield to that question that's an interesting question I don't know if I have correct the complete answer but yes the limited liability is the corporate model and this would be a different model and I believe the taxation is different so um that's a close cousin I would say but in regards to having it do other things um I would have to you know get back to you on that Senator Fisher you have the floor ma'am I uh excuse me um I thank uh I thank the author for her answers to the question and I have nothing further thank you s Mii Senator on the bill is there any other senator of Vice speaker you recognized e U Madame speaker um for giving me the opportunity to speak um in reference to this bill I do have a question for the author and if I could uh beginning on page 10 five the last page of the bill [Music] line four there is a provision that reads in part that this act modifies limits and supersedes the electronic signatures in global and national uh Commerce Act uh 15 uh USC section um one0 Z USC section 7001 and uh you know uh as we all know that through cases in the uh Guam District Court our territory is subject to the supremacy clause which basically means all of our laws are subservient and not equal to the um to the federal laws so this longstanding uh legal philosophy means uh and you and I know that means federal law Trump's local law right so for the record uh I don't like that we are in this position where our local laws are not respected by the federal government but it it's it is a fact of life that we as policy makers must be aware of any deal um we as policy makers and Senators must be aware of and deal with um the the statement that that uh federal law Trump's local law so my question is uh how can this Bill supersede the electronic signatures in global and National Commerce Act given the supremacy clause and I want to also note that this bill contains a severability clause and that thus mean the author intended to use the superseding language as an initial policy knowing that if a court finds it's inorganic or otherwise illegal that the rest of the bill can still be implemented and then I can also talk that about another one or also stated it right now Madam speaker that I see that articles 16 and 17 are reserved and I would like to inquire why this was done instead of deleting it and what practical and what legislative effect does reserving these sections have but um so those are um some of my concerns and not because I I mean I'm hoping that Guam law can supersede federal law but that's not the case so if the good author uh would like to answer my questions and if so we can even take a moment's recess if she prefer but I think it's important to look at that well will the sponsor yield to that question I believe we're referring to page 105 yes I yield to the question and thank you for the question so the electronic signatures and global national Commerce Act of 20 has had several modifications since since its enactment in 2000 uh in 15 us code section 701 it permits states by Statute to modify the provisions of this federal law and this bill however does restrict modifications of provisions of 15 us code section 7001 C and so the law itself does allow states to modify it but we do retain restrictions in regards to Res um you know my reserving uh article 16 of the bill um my purpose for that was you know because this is a uh we're expanding current government uh current Guam code annotated uh to a for-profit model for cooperatives um you know the limited Cooperative Association is one of the newest it's a newer form of cooperatives in that it expands it to investors and so um what my intent was is to ensure that um you know we develop our local economy before opening it up to you know there was I I guess I had reservations regarding uh enactment of mergers and Acquisitions I you know I felt that um we really need to see how it functions um within our local uh local economy and I much prefer to develop more of a localized economy um I do have reservations with that uh article six uh 16 in in that um yeah it it takes on a larger a bigger um role which I not ready to accept at this point uh in regards to severability so as you notice all our laws most of our laws have that clause and I think it's really just a catchall uh to ensure that that we are uh com aligned uh with you know with other existing laws and I think that's just a um you know part of the best practices so to speak for in creating legislation and and that was really the intent of that severability Clause is to ensure that we are not that so to ensure that we are complying with other laws in effect um I I believe there was another question in there that was the three okay um thank you madam speaker I really appreciate uh the author's uh answers to this and again though I know that some of when when Guam introduces legislation and it gets passed if uh federal law um contradicts what is being done in local law uh it is always it it was always said that that that federal law Trump's Lo on I just wanted to make sure and and as I know that she worked hard on this measure I wanted to to make sure that even in the severability Clause if one portion was found inorganic then then could we still proceed to move forward on the rest of the provisions that are in in this legislation so um and then her um answer to articles 16 and SE 17 as it relates to the reserve uh section I uh and and and what the Practical um um legislative effect does as it as reserving these sections have and uh I just wanted to make sure that if it gives the Authority for us to facilitate then then in our favor then of course so uh I want to thank her uh for those answers and I appreciate the work the hard work she's done like I said that the inquiry for me was on page5 so uh thank you uh for giving me the opportunity to speak on this measure and truly appreciate the work the good Senator has done my friend on this on this bill cius masi vice speaker on the bill is there any Senator who' like to speak on the bill senator you recognized thank you madam speaker and um you know in reading through the the bill that's presented I didn't have to go too far to raise some of the concerns or to see basically Identify some of the concerns that I had but then also so um in the initial presentation by the author of some of the changes that were made to the bill it even brought to light more concern um I'm going to go back to some of the concern the issues that were brought up by the good senator from tal from epen with regards to the distinction and the purpose of the bill um and I I guess for better understanding Madam speaker the author can yield to the question of what are what kind type of activity as an example business activity would this benefit will provide benefit for would the sponsor yield to that question yes I do um thank you for that question and so I think that's the the beauty of this model it it allows a almost like a social Enterprise to exist and solving today's problems so what uh some of the um suggestions or I believe some of the um in the testimony provided during the public hearing um one of those that testified said there are multiple success stories of cooperatives um from grocery stores um you know that's one way um what what it truly is is where the the workers or the members have a say in how the businesses run they share equally in the profits as well as the losses and so it's it's providing a different model for a business to occur but in other ways of of expression it could be through housing so we know housing is a problem here in uh Guam affordable housing is a problem here in Guam and so by one can form a housing Co-op and they help solve the affordable housing issue by taking it on uh through a CO Cooperative model um you know there could be technological co-ops um and I have them listed in the definition of public benefits and so in the definition section uh there there are various things that cooperatives can uh you know address so it could be scientific technological um anything that is is deemed as creating a public benefit and really the goal was to provide an opportunity for people to start a business and solve uh problems of today uh simultaneously so um yeah so housing it could be even uh a solar Co-op so you know we hear about you know communities getting together they purchase uh you know solar panels and um you know maybe as individuals they can't do it by themselves but maybe as a group they can put in money together uh and U put up panels you know to to help produce energy for themselves um as well as for the community so you know there's variations that can be achieved in a Cooperative model depending on the dedication of these group of IND individuals that are coming together and the commitment so I see a lot of positive positive benefits from this and you know uh as I said in my opening statement um one of the most successful ones is um is mandran uh Cooperative in Spain they started out as a kerosene heater kerosene heater company and they've grown into other um types of companies making bicycles you know elevators you know all all kinds of of um all kinds of things uh schools even so it's really up the imagination it's really limited by one's imagination as as well as hard work because this is going to take hard work I want to thank the author for that explanation and I agree it sounds Noble and it sounds exciting however doesn't that process and doesn't that mechanism already exist in law um and so I I'm just trying to find how basically the necessity for it for this for this bill and she brings up another area of concern and she admitted herself in that this iter of the bill as substituted on the floor has now a new definition in the area of public benefit um I'm just wondering how we're going to differentiate and how it differentiates in this application as opposed to already an application that exists in Cooperative associations that are already establish and regulated on um and does that now become is it a necessity in this structure or does it give does it does it keep government out basically out of the area of business and telling them how to run their business and along those lines want to be able to refer to page n line 17 and 18 18 subsection B under requirements of other laws a limited Cooperative Association may not conduct an activity that under Guam law other than this act may be conducted only by an entity that meets specific requirements is that a double negative may not conduct an activity that under Guam law other than this act I think that you can't conduct the activity that is prescribed under Guam law but other than this act you can conduct it anyways it appears to be for me to be a d double negative there unless the author can explain that se subsection are you asking her to yield Senator yes yes Senator um with the sponsor yield to the question sorry uh can I get a quick recess we'll take a one minute recess e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e we're back from Recess Senator Paris you have the floor in response to an inquiry from Senator Bross yes thank you for the question so um and for the recess uh so again this language was put in there because um not all members are individuals uh they could be businesses and so what this boilerplate language does it ensures that um for instance if a member is a company uh that it does not go against what their uh Articles of Incorporation so that that boiler language is there to ensure that is aligned with any member who has Articles of Incorporation that may not be consistent uh with the um the ones that are existing for this limited Cooperative Association um so this is boilerplate language that exist um and so in the model code it does have an explanation for it and I can if I can read it um let me just go ahead and pull it up so it states that some other laws contain requirements for the internal affairs of any organization used to conduct a specific activity or to perform a specific function and this subsection is a general statement that those requirements apply to the limited cor Cooperative Association conducting those activities or performing those functions so it's actually me to um bring in limited Cooper Cooperative associations to assure that they are following uh with any business that is a member um so it's a protective feature thank you and in regards to um this bill so this bill was uh meant to be a for-profit and uh what we have currently in law is only not for profit and it it really is meant to expand um existing statutes um in the bill the substitute bill also uh I included the language to ensure that that is that CL that clarification is made in uh section 17107 c um this chapter which is the limited Cooperative Association shall not apply to not nonprofit corop corpor Cooperative associations as chartered established govern or regulated pursuant to chapter 13 Title 18 Guam code annotated so that language is there to ensure that it does not affect what's currently in statute which is not nonprofit this one is um would be the first uh for-profit Cooperative um statute for Guam and as far as whether it's needed um you know that really all depends on how um you know our community which they seem to come out uh in suppor of um you know they saw this as a a need uh to provide resiliency in this uh climate where we have you know shifting um you know our economy is greatly uh the rug has been pulled under from under us uh with the especially with tourism you know being the the main driver and it's very it's been very difficult since the pandemic uh to to develop uh to to recover from uh from that and so this model provides an option it's really an option for for communities who want to get into this particular business model uh to to develop and so what this bill does it provides a lot of uh the details so for those that want to engage in cooperatives um because as you can see uh you know it's it's important to provide these guardrails so what I see this bill as it's really developing guardrails uh for those that want to start uh a cooperative and as you can see it's it's uh very uh Det detailed uh and not anyone can do it and so this bill would allow for this um model to exist more would facilitate for this to exist um thank you and I I'm not sure if I answered all questions but thank you I appreciate that resp response from the author but I you know I also recognize that in her response she admits that there may be an need for any expansion of this explanation um because in itself right now unless you are privy to that explanation is provided it appears to be a double negative um I'll leave that to the discretion of the author and this this actually uh continues to raise the concern that I have in this but I'll move forward um same page line n i me page n line 24 I think this is just a matter of misspelling could you please State the page Senator page n p page nine okay line 24 I don't think that I don't think this whole thing was related to to uh zort okay Council will note that please spelling of anti just want to make sure that's supposed to be antitrust right that's supposed to anti- rust page n line 24 yes the body is clear line 26 is yeah just wanted to make sure okay the next area that I have of concern is actually uh um page 20 in subsection 17118 registered agent specifically line 15 um it says if the regid agent resigns that whole section there but then if you look at page 21 starting from line 12 subsection 171 to Z resignation of a registered agent um are there two different standards because section 17120 provides the complete standard but if you don't get to read page 21 on page 20 it appears that that's the the only thing the resident needs to do to resign I'll move forward and if you go to page 88 line 19 subsection e the administrative dissolution of a limited Cooperative Association does not terminate the authority of its registered agent question that I have is what Authority are we talking about if this is going to be a dissolution what is a registered agent in a dissolved company what's his authority if the only way they can act is in the under the authority of the association which is dissolved so I get it I understand you know the the why this or or what we want to be able to do in as far as you know the expansion of the economy by providing Alternatives but I'm just wondering whether these Alternatives already exist in statute and in this bill that is proposed are we causing more confusion and leaving some questions unanswered before we even decide it provide it I think there's enough to be able to again my last one what Authority does the registered agent have in the dissolved company if on page 20 you basically have defined what their responsibilities are are you carry out responsibly under a disolved company I just leave those questions open so that it can be addressed before I can even decide the Bill thank you very much Madam chair on the bill is there any other Senator who'd like to speak on the bill oh sorry were you asking a question were you asking for her to you okay on this bill is there any other senator who like to speak on the bill can I just give a point of information please proceed so um 17108 U that is basically does not exempt the LCA from antitrust law and that's so that was uh originally it would exempt them so what this bill does it does not exempt them um the other section that was referred to is the registered uh agent and so it's it's not um so in that page 20 and 21 so it states that uh the resid registered agent resigns as required by section 17120 c so you have to read through uh and then 17120 C states that they have they should shall furnish um a notice in the record so they have to promptly uh furnish to The Limited Cooperative Association or registered foreign Cooperative a notice and record of the date in which a statement of resignation was filed so it's not in congruent uh those two sections do not conflict because it states that they have to promptly uh provide that information uh in regards to the duties right the duties of the registered agent it states there in a section 17118 uh that they have to forward to the limited Cooperative Association a registered foreign Cooperative um any process notice or demand pertaining to the association or the foreign Cooperative which is served on or received by the agent so when regards to dissolution so as you know dissolution uh it's a process it doesn't happen immediately and so there are winding up activities that have to happen and so they are that's within the duties of this registered agent is to to to uh facilitate that process so that is the authority um the authorization ing to this thank you thank you for that I think speak just so that I could clarify I understand I recognize that you know based on on page 20 line line 15 okay if the reg I think it would be better served if in that in the body of that language there provided is that it make reference to a later section that must be followed that's that's the point that I'm making in that in that area secondly I recognize in as far as the dissolution um that there are processes but you know how far does that process go in granting The Authority The Authority is provided basically on Direction and consent so in in the desolution who provides that okay and that's why I bring that point up thank you very much so point of information um please take your point of information Senator the the dissolution has to be uh created or approved by the members and it has to be voted on so it's the members that have to do that but the actual process is carried out by um the de who they delegate to and in this case it's the the agent could be facilitating it so yeah to dissolve it's it's a very thorough process it's covered in article 12 uh it's very detailed um so it provides the guidelines for that thank you thank you on the bill is there any Senator who' like to speak on the bill Senator Barnett you're recognized on the bill s just masi Madam speaker and B betes to the people of Guam I just wanted to rise in support of the bill by my good friend and colleague Senator Paris as as you could see uh the bill is it's not simple reading it's very voluminous so of course um if you're going through it you're going to find a couple typos it's very thorough though in what it does because uh it's properly drafted and it doesn't uh it adopts the model standard for uh lcas from uh Colorado which is again the standard and uh The Cooperative associations are comprised of individuals and a small business intended to help small businesses with the economies of scale necessary to price compete uh with small businesses and what I like about uh the legislation Madam speaker it's it's it's uh important as it protects the financial and business uh interests of the individual members because it's uh requires documentation of Investments and responsibilities of the uh individual members now guza current Cooperative Association law is uh several years old uh but can still be a value in the event there are any existing Cooperative associations on Guam that were chartered under the current law but going forward however it would be advantageous for like-minded uh individuals seeking to take advantage of their combined efforts to use the provisions in this new law to create uh Cooperative uh associations but again I would advise that you get an attorney because you know if you're just a bunch of friends uh trying to put this U type of uh Association together you're definitely going to need uh some legal help so you rise in support of uh uh the bill which again is very technical uh very thorough and honestly for uh someone who's is not a business person uh a little difficult to understand but um they had received uh really overwhelming support uh not only at the public hearing but uh in subsequent testimony that was uh provided and so I'll definitely be voting in favor of this uh measure and I encourage my colleagues to do the same Madam speaker cus masi cus masi Senator on the bill Senator tiu you're recognized thank you madam speaker you know just for the listening audience that uh this bill is over 100 Pages it's quite quite large and because of this it it really takes a lot of time and effort to put something like this together and I commend the author for all her hard work I commend her for reaching out certain hour of the night to be able to talk to other areas that have this same type of limited uh Cooperative Association during the public hearing they even had on Zoom those individuals that were assisting or every from Colorado to I think it was uh another state Milwaukee if I'm not mistaken is it oh Washington State that's right Washington state that came on to provide information their testimony and the assistance in creating this legislation the people who were there testifying in favor of this were many of our local um entrepreneurs they came to testify in support of this but knowing how large this this bill is and all the voluminous it is it's just it's it takes you back because it is very um oh how would you say it's a lot to read and try to understand for any Layman I wish that the bill was you know basically you know it simplified in different structures but most of all Madam speaker I was I was hoping that the bill would also have a legisl of intent for this bill and it just went straight into chapter 17 of Title 18 I understand exactly what the the author is trying to do in this legislation and and it's about growing our own businesses here on Guam and having our people be part of a business because it is shown retention rate is higher people take pride in their businesses take pride in their job because they own a part of that company and it's been proven everywhere that it's sustainable this type of Cooperative Association is sustainable but there are so many areas in this legislation that I have some concerns about too as well and one of them too I was hoping to see some of the other uh like the Farmers Co-op uh the fisherman's Co-op to ASO attend the public hearing but they weren't there uh later on I think everybody received uh I believe I I know I received a testimony um not too long ago from Manny duus from Fisherman's Co-op and he had quite a bit of concerns regarding this one of my concerns when I saw it was well what happens for companies from off island or individuals who come up from off Island to try and put a Cooperative Association together and when what what we're trying to do is trying to build within our own community so I again I commend the author this is a lot of work over a hundred pages of going through every single possibility to bring this to the island it's in other states many states are using this type of format but there are some concerns that I have too as well and whether the bill passes well if the bill should not pass and I hope that the the good author will continue as she's returning in the 38th Guam legislature to continue to work on this and and probably sit down to talk with all the other Senators to to make them understand because like I said it's it's a lot to intake especially for a Layman and again I think the good uh senator from Jona barette mentioned for someone who doesn't do a lot of things for businesses uh he hit it on the head that she took the initiative and I commend her for doing that just the way she took the initiative on procurement she's our go-to Senator when it comes to procurement so um thank you madam speaker for um allowing me to express the my intent of of appreciating this and I commend again this the author of this legislation thank you madam speaker s just m Senator tight squeeze there anyone else would like to be recognized on the bill on the main motion speaker teres you are recognize s Mii I'd like to um commend the author on this bill it is a complex bill because it's pretty much like when we pass the new um business code a few years back or when we pass any other model legislation that other states or that have been written for other states to adopt and uh so that you know it's really to facilitate Commerce and I was very impressed that at the hearing we had testimony from uh G in full support of the bill very enthusiastic and they said the goal of the LC a is to form on island uh to create more vibrant and sustainable economy the distinction and then they I think they answered several questions that some of the colleagues have raised by when they pointed out that a primary distinction between traditional cooperatives and a limited Cooperative Association or LCA is the latter is allowed to raise funds from outside investors or non- Patron members Divine defined as investor members in the bill traditional cooperatives primarily generate their income from Patron members lcas maintain traditional Cooperative principles of vesting control of the decision-making process with Patron members that's really the whole basis of a Cooperative otherwise this is a regular Corporation or limited liability partnership but this this is the difference this one is they wanted more Community involvement from people who could not afford to run an entire business they could not afford to establish a business by themselves so they had to get together and pull their money pull their resources and run these as cooperatives to help each other but to govern it together that's key in all the cooperatives and the lcas have a different way of being taxed and and raising funds but these are very similar to similar to regular businesses so it the um the bill in being very detailed really outlines that protection for the government of Guam that protection at the Department of Revenue and Taxation how they're going to enforce it how they're going to monitor and how they're going to tax these lcas G goes on to say that lca's maintain the decision-making process with Patron members however allow investor members to invest capital and have limited participation in the decision-making process without undermining member control so they can also get outside investment without giving up control of of for the original members that's all within their control so this is another business model to spur the economy on Guam and we obviously have people who are interested in pursuing business this way where they give their members some power as to what's going to happen in this business G says LCA want to keep the Cooperative structure of patron member control while allowing more financing structures and the possibility of Returns on investment to non Patron investors this makes LCA more economically viable and competitive in the broader Market especially when pursuing larger projects now that surprised me but I think that's great that this this Cooperative limited Cooperative Association bill is going to Spur investment on large projects ing to GA in a very safe way ing to the Department of Revenue and Taxation who also testified on the bill and they said for DRT the financial impact would be small because their forms are already compatible and there was very little that they would have to do to allow this business to also file its its tax forms they said limited Cooperative associations would be treated the same as that of a corporation and thus would need to file an income tax return subject to business privilege taxes on any earned income provided that it's not a farmers's or a fisherman's Cooperative those are exempt from some of these types of taxes or they get different treatment so revenue and Taxation had no objection to this bill their only recommendation was that we allow for a 60-day period following enactment so that they can get everything in line 60 days that's all they asked for and the sponsor did that in the substitute version of the bill we're giving them 60 days to to get ready and none of these agencies G or DRT had any objection and no other a agency any objection to implementing this bill after 60 days so it sounds to me like a win-win like we get to Spur economy we get to Spur investment in large projects ing to ga and we get the taxes and we get the monitoring by Department of Revenue and Taxation for this business as we would for any other Corporation they say so I think that's excellent and I would hate to see that all the hard work that's been put into this go down the drain wait for to re-educate while we have had the public hearing we have the testimony in front of us and we have the bill as amended to meet all the concerns at the public hearing and some of the questions that were raised earlier in regards to the um well some of these things I think this is patterned after Corporation law so they're being treated very similarly such as allowing the corporation to change its registered agent or allowing the registered agent to resign if he follows certain mandates and then when there is a disillusion that's forced upon this um com uh Cooperative by revenue and Taxation they can also force a disillusion because the Cooperative did not follow Reven tax rules so if they force a disillusion or in any type of disillusion the company still has things to do they still have to wrap that up they call it and in wrapping that up they need a person who's authorized to do that so I think that allowing the registered agent when there is an administrative dissolution to continue his authority it's because they absolutely need somebody to wrap up that business to do what revenue and Taxation is mandating that they do when they are taking away or terminating their ability to continue so they will list out the grounds and they will tell you what you need to do most of these are filings and they they want to hold some person accountable ble to do that so again I think it's similar to corporate law and that's how revenue and Taxation is going to be monitoring them and I think again a win-win for Guam because we can we can get some investment and regular