The Legislature on Friday moved Bill 1‑21‑38 COR as amended to the third‑reading file after a floor debate and two amendments that expand an exemption to Guam’s ban on disposable carry‑out bags.
The bill, introduced and supported on the floor by Senator Perez, would amend section 54b102 of chapter 54b, title 10, Guam Code Annotated, to allow an exemption for branded bags under the Choose to Reuse Plastic Act of 2018. Senator Perez said the measure is a “common sense fix” to permit branded paper bags used by luxury retailers and duty‑free outlets.
Supporters argued the exemption responds to testimony from Guam’s retail sector and from the Guam Environmental Protection Agency (GEPA), which, according to the sponsor, provided written testimony saying branded bags “do not contribute to environmental degradation or illegal dumping, and actually align with our sustainable goals.” GEPA’s endorsement was cited on the floor as a reason the carve‑out is “environmentally responsible,” though senators who opposed expansion said the change undoes the statute’s intent.
On the floor, the Legislature first approved an amendment to insert the word “paper” into the definition of “branded bag,” so the exemption would read in part as “any paper bag used by a retailer that displays the name, logo, trademark, or other marks of distinction….” That amendment was offered by the senator representing Baragata to prevent a plastic bag loophole and was adopted without recorded opposition. A subsequent amendment broadened the definition to read “manufacturer or retailer of the product sold,” after members argued retailers such as Macy’s or DFS carry branded bags even when they are not the product’s manufacturer; that amendment to the amendment also passed on the floor.
Opponents raised substantive objections to the amended language. Senator John Lee (and other senators who spoke in objection) said the amendment had effectively opened the exemption to all retailers on Guam and “completely repealed the law,” arguing the broader language goes beyond what was discussed in the public hearing. The senator who chairs the committee on tourism and aviation, Senator O’Brien, countered that the measure responds to industry concerns and is not a “panacea” but could be one factor helping retailers who told lawmakers they may exit Guam if their business declines further.
After debate the sponsor moved the bill as amended to the third‑reading file; the presiding officer recorded an objection to moving the bill but called for a voice/hand vote and announced the motion passed. The floor record does not list a roll‑call tally or individual yes/no votes on the final motion in the transcript.
What’s next: Bill 1‑21‑38 COR, as amended on the floor, will appear on the Legislature’s third‑reading/voting file for a final vote. If adopted on third reading it would amend the cited section of Guam law to exempt branded paper bags as written in the amendments adopted on the floor.