What follows is the draft resolution Ray sent to the chairman of the GOP for retransmission to the five Republican senators whose names appear on the resolution in hopes that they would introduce it. Blogger software changes the formatting of the resolution.
I
MINAʹTRENTAI SINGKO NA LIHESLATURAN GUÅHAN
2020 (SECOND) Regular Session
RESOLUTION No. _385-35
(COR)
Introduced by: Telo T. Taitague Taitague
Jim Moylan
Wil Castro
Mary Torres
Louise Muña_
RELATIVE TO TERMINATING
THE EMERGENCY HEALTH POWERS CREATED BY 10 GCA CH. 19 PURSUANT TO 10 GCA § 19405
(c) IN ORDER TO RESTORE THE CIVIL RIGHTS OF THE PEOPLE OF GUAM
SHORT TITLE: This resolution may be cited as:
THE RESTORATION OF CIVIL
RIGHTS ACTION
BE IT RESOLVED BY I MINA’TRENTAI SINGKO NA LIHESLATAURAN
GUÅHAN:
WHERAS, the governor invoked the Emergency Health Powers
provided by 10 GCA Ch. 19 by promulgation of Executive Order 2020-03 on March
14; and
WHEREAS, even though 10 GCA § 19402 requires that such
executive orders specify “the conditions that have brought about the Public Health
Emergency;” said executive order does not specify those conditions but only
references organizations e.g. CDC and WHO while stating that “…no
COVID-19 cases have been identified in Guam…”
WHEREAS, the governor then proceeded to promulgate thirty-three more
executive orders plus a plethora of DPHSS
Guidance Memos, the effects of which were to arbitrarily and
capriciously “lock down” the island, destroy commerce, restrict the liberty of
citizens, isolate and q civil uarantine people and generally abuse whatever authority
is available under 10 GCA Ch. 19;
WHEREAS, pursuant to
10 GCA § 19405 (d) the legislature finds as follows:
·
The nature of the emergency was infection of some residents
with COVID-19
·
The area threatened was the island of Guam
·
The conditions that make possible the termination of the
declaration are that the governor has overreacted to the situation caused by
COVID-19, imposing draconian conditions on the population in derogation of
their constitutional rights in a manner unnecessary to deal with the emergency
which does not pose a high probability of a large number of deaths.
WHEREAS, 10 GCA § 19405 (c) which
reads: “[The Guam Legislature]. By a majority vote, [The Guam Legislature] may terminate the declaration of
a state of Public Health Emergency at any time from the date of original
declaration upon finding that the occurrence of an illness or health condition
that caused the emergency does not or no longer poses a high probability of a
large number of deaths in the affected population, a large number of incidents
of serious permanent or long-term disability in the affected population or a
significant risk of substantial future harm to a large number of people in the
affected population. Such a termination by [The Guam Legislature] shall override any renewal
by I Magalåhen Guåhan [The Governor].” The 35th Guam Legislature hereby finds that termination of
the Public Health Emergency declared by Executive Order 2020-3 as
extended by subsequent executive orders is warranted; now therefore, be it
RESOLVED, the Public Health Emergency
begun by Executive Orders 2020-03 et seq. is hereby terminated and
be it further
RESOLVED, that the Speaker certify and
the Legislative Secretary attest to, the adoption hereof and that copies of the
same be transmitted to the Honorable Lourdes A. Leon Guerrero, the Governor of
Guam and to The Ray Gibson Show.
DULY AND REGLARLY ADOPTED BY
I MINA’TRENTAI SINGKO NA
LIHESLATUARAN GUAHÅN_______DAY OF OCTOBER 2020.
___________________________ _________________________
TINA ROSE MUÑA-BARNES AMANDA L. SHELTON
Speaker
Legislative Secretary
