Calvo plans to take legislature to court...again - KUAM.com-KUAM News: On Air. Online. On Demand.

Calvo plans to take legislature to court...again

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The Governor is planning to take the legislature to court again. It's the latest move in the dispute with lawmakers who have resisted the call to transmit his tax refund payment plan so he can sign it into law.

The governor's bill authorizing an annual bridge loan of $75 million to pay timely tax refunds, known as the TRAN, passed in May 2017 by the slimmest of margins, 7 to 6.  The democratic leadership though declined to transmit the measure saying it actually failed because it needed a legislative majority of 8 votes. But a recent ruling by the Guam supreme court held that a bill can pass with a simple majority of those present. And Adelup now wants a lower court to step in and compel legislative secretary senator regine Biscoe lee to send over the bill.

Spokesperson Oyaol Ngirairikl said, "Unfortunately, the senator has decided not to transmit the bill and not essentially help us get tax refunds out quickly, which people have been calling and continue to call us about. So what we're gonna do, is we're gonna take that next step. we're gonna have to take them back to court, which is unfortunate."

The legislature refuses transmittal contending the high court's decision applies prospectively, and doesn't specifically address the TRAN bill vote.

Adelup believes the timing is not relevant, with Ngirairikl adding, "The reason why this issue went to court was on this bill itself. So we believe that the logical step, or the next logical step to this whole argument is that the TRAN bill does need to be transmitted because it met that litmus test of what a majority vote is."

She says the governor's legal counsel is working on a motion for a writ of mandamus, which is a court order to compel legislative compliance with the supreme court ruling.  They expect to file in the next week or so. 

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