e~~lvo - guam legislature

EDDIE BAZA CALVO Governor

April19, 2011

Honorable Judith T. Won Pat, Ed.D. Speaker IMina ' trentai Unu Na Liheslaturan GuiJhan 155 Hesler Street Hagatfi.a, Guam 96910

Dear Madame Speaker:

'-'/ .(~ RAY TENORIO

· ~~utenant Governor

4fr ~lLI &· / - (

c9

Transmitted herewith is Substitute Bill No. 67-31 (COR) "AN ACT TO ADD A NEW §3347 TO ARTICLE 3, CHAPTER 3 OF TITLE 16, GUAM CODE ANNOTATED, RELATIVE TO PENALTIES FOR MOVING VIOLATIONS INVOLVING LARGE VEHICLES", which I signed into law on April18, 2011 as Public Law 31-30.

Senseramente, /

E~~LVO

Attachment: copy of Bill

Ricardo J. Bordallo Governor 's Complex • Adelup, Guam 969 10 Tel : (67 1) 472-893 1/6 • Fax : (6 71) 477-4826 • www.govemor.guam .gov

•

IMINA 'TRENT AI UNU NA LIHESLATURAN GUAHAN 2011 (FIRST) Regular Session

CERTIFICATION OF PASSAGE OF AN ACT TO I MAGA 'LAHEN GUAHAN

This is to certify that Substitute Bill No. 67-31 (COR), "AN ACT TO ADD A NEW §3347 TO ARTICLE 3, CHAPTER 3 OF TITLE 16, GUAM CODE ANNOTATED, RELATIVE TO PENALTIES FOR MOVING VIOLATIONS INVOLVING LARGE VEHICLES", was on the 4th day of April, 2011, duly and regularly passed.

Tina Ros Mufia Barnes Legislative Secretary

Judith T. Won Pat, Ed.D. Speaker

This Act was received by I Maga 'lahen Guahan this ____ day of " , 2011, at 1t- --¥L D a.'. '9=> o'clock A- .M.

APPROVE~

EDWARD .B. CALVO I Maga 'lahen Guahan

Date: __ A_P_R _18_20_11 __

Public Law No. 31- 30

~ .. ~ ssistant Staff Officer Maga'lahi's Office

IMINA 'TRENT AI UNU NA LIHESLATURAN GUAHAN 2011 (FIRST) Regular Session

Bill No. 67-31 (COR) As substituted by the Committee on Public Safety, Law Enforcement & Judiciary, and amended on the Floor.

Introduced by: V. Anthony Ada Adolpho B. Palacios, Sr. T. C. Ada F. F. Bias, Jr. B. J.F. Cruz Chris M. Duenas Sam Mabini, Ph.D. Judith P. Guthertz, DPA T. R. Mufia Barnes v. c. pangelinan R. J. Respicio Dennis G. Rodriguez, Jr. M. Silva Taijeron Aline A. Yamashita, Ph.D. Judith T. Won Pat, Ed.D.

AN ACT TO ADD A NEW §3347 TO ARTICLE 3, CHAPTER 3 OF TITLE 16, GUAM CODE ANNOTATED, RELATIVE TO PENALTIES FOR MOVING VIOLATIONS INVOLVING LARGE VEIDCLES.

1 BE IT ENACTED BY THE PEOPLE OF GUAM:

2 Section 1. A new §3347 is hereby added to Article 3 of Chapter 3 of Title 16,

3 Guam Code Annotated, to read:

4 "§3347. Penalty for Moving Violations Involving Large

5 Vehicles. (a) Any violation of this Article committed by an operator of a

6 large vehicle involving excessive speed, improper turns, and lane changes,

1

1 violations of traffic signs and signals, ignoring lane markers, or a violation

2 of this Article committed while such vehicle is in motion shall be subject to

3 the following penalty enhancements:

4 (l) The penalty for a violation of this Article Is One

5 Hundred Dollars ($100.00);

6 (2) The penalty for a second violation of this Article in a

7 calendar year is Two Hundred Dollars ($200.00);

8 (3) The penalty for third and subsequent violations of this

9 Article in a calendar year is Five Hundred Dollars ($500.00) and

10 misdemeanor;

11 ( 4) The penalty for a violation of this Article involving

12 property damage of more than Five Thousand Dollars ($5,000.00) or

13 bodily injury is a third degree felony; and

14 (5) The penalty for a violation of this Article involving death

15 or serious bodily injury is not less than a second degree felony.

16 (b) Large vehicles for purposes of Subsection (a) of this Section

17 are defined as follows:

18

19

20 and

(l) Buses that seat more than nine (9) passengers;

(2) Any vehicle that is towing another vehicle or a trailer;

21 (3) Any vehicle with a weight in excess of ten thousand

22 (10,000) pounds, including, but not limited to, garbage trucks, dump

23 trucks, cement trucks and bucket trucks.

24 (c) All penalties in this Section are m addition to penalties

25 prescribed for the underlying moving violations."

2

~{:· IMINA' TRENTAI UNU NA LIHESLATURAN GUAHAN

2011 (FIRST) Regular Session

SBill No. 67-31(COR)

Resolution No. __

VOTING SHEET Date: 4/4/11

Question:---------------------------

NOT OUT YEAS NAYS VOTING£ DURING ABSENT

NAME ABSTAINED ROLL CALL

ADA, Thomas C. ' v

ADA, V. Anthony v BLAS, Frank F., Jr. v CRUZ, Benjamin J. F. fA DUENAS, Christopher M. v GUTHERTZ, Judith Paulette ~ MASINI, Sam / MUNA-BARNES, Tina Rose vi PALACIOS, Adolpho Borja, Sr. v PANGELINAN, vicente (ben) cabrera v RESPICIO, Rory J. v RODRIGUEZ, Dennis G., Jr. /

SILVA TAIJERON, Mana I / WON PAT, Judith T. { J YAMASHITA, Aline A. I

TOTAL

CERTIFIED TRUE AND CO \/ ___ --?:/~11_ :- * 3 Passes = No vote

EA = Excused Absence

Thirty, First Guam Legislature

c'"'ommittcc Alcmhcr.o.;:

.')enatnr Thnmao..;. (- ,-\tla \·iu· ( :hainnan

Speahrfudith T. V/on bt, PhD .\!em her

Senator 'I ina R_ \hma -RatnC"s \kmher

S(;'"naturjl!Jith P. (;nth<.Tt=. DP,-\ \temh<·r

Senator Rnry J lle<:>pkio \femher

;)enator Bcnni:; (1. Rodrlgw.'::.,Jr \fern her

Senator\- _\nthnnv _\<.Lt \krnher .

Scn:ttor ( :hri::..topht:r \-L Dut:uas \kml}(cr

St'natnr \fan<t .')ll\-a- Taijt.:r-on \icrnl-x·r

Senator .-\lint: \. Yama.c.,hiu, Ph.D \kmlwr

Other Committee il4cmbcro;hip:

Vice ( :h;.tirnun, Comm}ttt.'e on t 'tilities, Transpnrta:tion, Puhlk \Norks .md \'ctcran'-> AffaiL<;

Vice ( :hainnan, ( :\lmmitrce on Health ~tnd Human ~er\'ices. :-i-rnior ( :iti=(·nc:., Economic D<:veJopml'nt anJ r:lc-cti(m Reftlftn

:VIemlx·r, ( :ommittee dh Rule", Federal, rurcign &::: :'dicroncsian .-\ffairs and l Iuman k :'\Jtural Rt:St)UJ'I..XS

\ft:mher, ( :ommittet.' on [Jucati{m and Pnhli<.· Lihrarics

\-1t:mhec ( ~ommittec on ( ;uam \1ilitary Bmklup and flomcbnd Security

\·ftml-kr. ( \)nllnittec lHl \tunicipaf ;\ffaJrs, Touri~m, tlou~ing and Recreation

COMMilTEE ON PUBLIC SAFETY, LAW ENFORCEMENT & JUDICIARY IMina 'Trentai Uno Na liheslaturan Gwihan

SENATOR ADOLPHO B. PALACIOS, SR. Chairman

March 24, 2011

The Honorable Judith T. Won Pat, Ed.D. Speaker I Mina'Trentai Unu na Liheslaturan Guahan 155 Hesler Place Hagatiia, Guam 96910

VIA:

RE

The Honorable Rory J. Respicio Chairman, Committee on Rules

Committee Report- Bill No. 67-31 (COR) as Substituted.

The Committee on Public Safety, Law Enforcement and Judiciary, to which was referred, Bill No. 67-31 (COR)- AN ACT TO ADD A NEW §3347 TO CHAPTER 3 OF ARTICLE 3 AND A NEW §7177 TO CHAPTER 7 OF 17GCA RELATIVE TO ENHANCING THE PENALTIES FOR MOVING VIOLATIONS INVOLVING LARGE VEHICLES," hereby reports out with the recommendation TO PASS.

Committee Votes are as follows:

6 TO PASS

0 NOT TO PASS

4 TO REPORT OUT ONLY

0 ABSTAIN

0 INACTIVE FILE

Attachments

Otficd!Hailiuf? Addrcn: 15S Hc.\lcr Place, Hagatfia Guam 96910

Telt!plwue No. (f>7/J 472-5047!'1048 • Fax No. (671) 472-SOJ:! • Email: ScuABPaladovagmai/,com

COMMITTEE ON PUBLIC SAFETY, LAW ENFORCEMENT Be JUDICIARY IMina 'Trentai Uno Na liheslaturan Gw1han


COMMITTEE REPORT ON

BILL NO. 67-31 (COR) As Substituted by the

Committee on Public Safety, Law Enforcement & Judiciary

AN ACT TO ADD A NEW §3347 TO CHAPTER 3 OF ARTICLE 3 t' .. ND 1.~ NEW §7177 TO CHAPTER 7 OF

17CCL'.. RELATIVE TO ENHANCING THE PENAL TIES FOR MOVING VIOLATIONS INVOLVING LARGE VEHICLES.

Ojfice/Mailiu~ Addre.ss: 155 He.sler P/1/ce. Ha~atlia Guam 969W

Telephone No. (671) 471-S047/504R • Fax :Yo. (f>l! ) 472-Sfi22 • Email: Sen4.BPalado.</.a:.J?mail.com

Thirty- First Guam Legislat ure

Committee A!cmhcrs:

St:nator fht~mo.ts ( ... \Ja Vin· ( : h ~).irman

~p<·ahrjud ith l . \\' nn l'a!:. l'h .D. \kmO.: r

St·nator Tina R. \tuna - Harm:...:. \h:mlx1

:-\enatorJutlith P. (Jt.rhtrr: .. DP.\ \lemhc.: r

St:nah)r Rory J Rc-;picitJ .'-'kmh..-r

"i r nator Dt:llnis (; _ Rodrit!.ue=. Jr \ ·lc.·mhcr

S<;natdr V _ \nthon )' :\d :• \ ·lcmher

Senarnr ( :hrJstt)phcr \1. Duenas \kmb..-r

Senator 'VIana ~Hva · Taijt:fi)O \fcmhc.·r

Seoatdr Aline A. Yamashita, Ph.D. \ ·kmhcr

Or her Commitccc t\1/cmhcrship:

Vi~..: ~o.· Chairman, Committt:e tm t :tihtic.<;. Tra.n~p,wratiun 1 PuhHc \\-' ~)rl.;:~..; <~nd Veteran~ :\ffairs

Vice Chairman. Cornrnirtcc l)O

I fea lr h anJ lium~m St: r du·s ,

Senior C iti= t:ns, L~.,·,m omic f)l'\'Ciopmt·nt ;tnd J:lcctiun Rdnrm

\lt·mhcr. Commitr t:t' on Rufc.., , FcJt•raL Forci~n & \1kr~)nc~lan

,\ffairs and I Iuman f:(z ,\(antral Rc~uun.:cs

\l cmhcr, ( : ~ mtmitrrc on Education anJ Puhfk I .ihrarit's

\ ·lcmhcr, Cnmml tti:'t on ( ;uam \-lilitary Buildup :tnJ Homebnd .Sceurity

\1cmht:r. ( : ommltt~'c ~m

\!unicipal :\ff.J.i!'."'- , r 0 1.1 fisll1,

Hou ~ing and Rt:crc-ath)n

COMMITTEE ON PUBLIC SAFETY, LAW ENFORCEMENT 8c JUDICIARY IMina 'Trentai Uno Na liheslaturan Gw1han


March 23, 2011

MEMORANDUM

TO: ALL MEMBERS

Committee on Public Safety, Law Evforceme I & Judiciary

Senator Adolpho B. Palacios, Sr. Committee Chairman

FROM:

SUBJECT: Committee Report on Bill No. 67-31 (COR) as Substituted.

Transmitted herewith for your consideration is the Committee Report on Bill No. 67-31 (COR) as Substituted- AN ACT TO ADD A NEW §3347 TO CHAPTER 3 OF ARTICLE 3 ,"' .. ND A N~W §7177 TO CHAPTER 7 OF 17CCA RELATIVE TO ENHANCING THE PENAL TIES FOR MOVING VIOLATIONS INVOLVING LARGE VEHICLES.- sponsored by Senator V. Anthony Ada.

This report includes the following: • Committee Voting Sheet • Committee Report Digest • Copy of Bill No. 67-31 (COR) as Substituted • Copy of Bill No. 67-31 (COR) as Introduced • Public Hearing Sign-in Sheets • Copies of testimony submitted and supporting documents • Copy of COR Referral of Bill No. 67-31 (COR) • Notices of Public Hearing • Copy of the Public Hearing Agenda • Miscellaneous related documents

Please take the appropriate action on the attached voting sheet. Your attention to this matter is greatly appreciated. Should you have any questions or concerns, please contact this office.

Si Yu'os ma'ii.se!

Office/Mailing Address: 155 Hesler Place, Jlagall1a Guam 96910

Teleplwm: No. (67/) 472-5047/.'i048 • Fw: No. (fi71) ./72-5(1]2 • Email: St'IIABPalada.<;ltigmai/.('(}m

COMMITTEE ON PUBLIC SAFETY, LAW ENFORCEMENT & JUDICIARY I Min a 'Trentai Uno Na Liheslaturan Guahan


VOTING SHEET ON:

Bill No. 67-31 (COR) as Substituted- AN ACT TO ADD A NEW §3347 TO CHAPTER 3 OF ARTICLE 3 ANO-A NEW §7177 TO CloiAPTER 7 OF 17GCA RELATIVE TO ENHANCING THE PENAL TIES FOR MOVING VIOLATIONS INVOLVING LARGE VEHICLES.

SENATOR S~RE T~/ NOT TO TO REPORT ABSTAIN INACTIVE PASS OUT ONLY FILE

Adolpho B. Palacios, sy ~r\r j{rd~ Chairman

/ Thomas C. Ada f l<,

\:~ ~ Vice Chairman \ /

Tina R. Mui'ia-Bames \ / Member

Judith P. Guthertz, DPA

~j Member ~ 11.# Rory J. Respicio I ~~

Member

Dennis G. Rodriguez, Jr.

oyl ~t,rl~ Member

Judith T. Won Pat, Ed.D. ( -tA=- 3/r7-2f/ I

Member r=-L.t: 1-/

V. Anthony Ada IOM '(7'' Member

Christopher M. Duenas ~

Member ~ ~lit( Mana Silva Taijeron

~~~ Member

Aline A. Yamashita, Ph.D. / Member

(~/ /

l-~ I' j v D

O.ffice/Mailiu:: Address: !55 Hesler Place. Hawmla Guam 969 10

Telephone No. (671; 4 72-5047/S048 • Fax No. (6 71) 472-S/122 • Email: SeuABPalacio,\ta:~tmail.com

COMMITTEE ON PUBLIC SAFETY, LAW ENFORCEMENT & JUDICIARY IMina 'Trentai Uno Na Liheslaturan Gw1han


COMMITTEE REPORT DIGEST

Bill No. 67-31 (COR)-" An act to add a new §3347 to Chapter 3 of Article 3 and a

new §7177 to Chapter 7 of 17GCA relative to enhancing the penalties for moving violations involving large vehicles."- sponsored by Senator V. Anthony "Tony" Ada.

I. OVERVIEW

The Committee on Public Safety, Law Enforcement and Senior Citizens convened the

public hearing on March 1, 2011 at 9:05 a.m. in I Liheslatura's Public Hearing Room. Among the items on the agenda was the consideration of Bill No. 67-31 (COR) - "An act to add a new §3347 to Chapter 3 of Article 3 and a new §7177 to Chapter 7 of 17GCA relative to enhancing the penalties for moving violations involving large vehicles sponsored by Senator V. Anthony "Tony" Ada.

Public Hearing Requirements

Notices of the hearing were disseminated via facsimile and email to all senators and all main media broadcasting outlets on February 21, 2011 (5-day Notice) and on February 25, 2011 (48-Hour notice) pursuant to meeting the requirements of the Open Government Law. Notice of the hearing was also posted on the Guam Legislature's website.

Senators Present

Senator Adolpho B. Palacios, Sr., Chairman Senator Thomas C. Ada, Vice Chairman Senator vicente "ben" c. pangelinan Senator Anthony V. Ada, Member Senator Mana Silva Taijeron, Member Senator Christopher Duenas, Member Senator Samantha "Sam" Mabini

Individual(s) Registered for oral or written testimony:

Paje Butler, DGX and Chairman of Trucking and Maritime Affairs Committee for the Chamber of Commerce, oral testimony, not in favor of the Bill

Phil Tydingco, Deputy Attorney General, Office of the Attorney General, oral testimony

John Camacho, Director, Department of Revenue and Taxation, oral and written testimony, in favor of the Bill

Office/!\lailing Address: 1:\5 llesler Pla ce, Hagatiia Guam 96910

Telephone No. (671) 472-5047/5048 • Fax No. (671) 472-5022 • Email: SenABPalaciosfl( gmail.com

Committee on Public Safety, Law Enforcement & Judiciary Committee Report on Bill No. 67-31 (COR) Page 2 of5

Marie Benito, Department of Revenue and Taxation, oral testimony, in favor of the Bill

Marie Flores, Department of Revenue and Taxation, oral testimony, in favor of the Bill

Ben Guerrero, Department of Revenue and Taxation, did not provide testimony and did not state in favor or not in favor of the Bill

Paul Suba, Captain, Guam Police Department, oral testimony, in favor of the Bill

II. SUMMARY OF TESTIMONIES

Chairman Adolpho B. Palacios, Sr. convened the public hearing for the Committee on

Public Safety, Law Enforcement, and Judiciary at 9:03 a.m., read the title of the bill and allowed Senator V. Anthony "Tony" Ada to give a brief description of the bill and summarize its context. Chairman Palacios then called those signed up to testify.

Paje Butler, Chairman for Trucking and Maritime Affairs Committee for the Chamber

of Commerce, provided oral testimony and stated that he is not in favor of the way the bill has been drafted. Mr. Butler's concern is that vehicles do not speed on their own, and questioned why the registration should be affected. As an operator, Mr. Butler stated that he does not endorse drivers to speed or drive recklessly and stated that he is always promoting safety with the drivers. Mr. Butler said that the citations for moving violations would be given by the Guam Police Department (GPD) and if there is an interest to double the fines assessed for a moving violation, that is acceptable, but again, he emphasized to not penalize the registration because they are not in control of that vehicle when its another operator operating the vehicle. He said that you would not be able to always control the people operating the vehicles on the road. He stated that he is constantly promoting safety with the drivers but if they get caught speeding, it will come out of their personal funds to pay the fine because they are the ones responsible for the violation.

Phil Tydingco, Deputy Attorney General, Attorney General's Office, provided oral

testimony on the bilL Mr. Tydingco stated that any legislation that will enable our territory to enjoy safer streets is very important and he understands that the general intent of trying to make our roads safe. Mr. Tydingco wanted to raise caution of some technical aspects such as penalty enhancements. He stated that when you do penalty enhancements in criminal law, we are required to give notice and general notice to the promulgation of the statutes. He went on to say that if we are going to formally charge one, especially with misdemeanors and above, it is becomes technicaL As the case


develops, Mr. Tydingco would have to give notice in the form of charging documents

and there has been issues of laws being struck down because generally speaking, enhancements in the misdemeanor ranges has to go to the jury, and they have to make the decision, which are all federal case laws. Mr. Tydingco raised concern of the proposed enhancements are consistent with the general penalty scheme of 16 GCA. He stated that if you want to penalize certain portions, there is a need to specify it or keep it as violations because clearly giving a citation is probably not going to be acceptable or problematic. Mr. Tydingco suggested we may want to enhance the penalties in a separate statute. He noted that enhancements means in addition to and does not mean that is the penalty. Mr. Tydingco stated he would like to know which Attorney General they are working with on this bill and asked for more time to see if this will pass some legal and constitutional muster.

John Camacho, Director of Department of Revenue and Taxation, provided written and

oral testimony in support of this bill. Mr. Camacho stated that as far as giving citations and basically defining the large vehicles, earlier, he had defined what commercial vehicles are. Mr. Camacho stated that the fact that stiffer penalties are given to the operator, at the same time, a surcharge is gained. He said when looking at tax, they can give you a surcharge of additional charges. Mr. Camacho noted that he and group at Revenue and Tax have been in discussion and would like to provide input on this bill and work on the definition of a large vehicle and motor vehicle. Mr. Camacho said that the intent within the bill applies to all vehicles. (See attached written testimony).

Marie Benito, Deputy Director for Revenue and Taxation, provided oral testimony in

support of the bill. Ms. Benito stated that she and Revenue and Taxation would like to work with Senator Ada, the Senators, the Attorney General's Office, and the Guam Police Department to create a more viable bill. Ms. Benito thanked Senator Ada for his concern in public safety on the roads and revenue enhancement programs.

Marie Perez, Department of Revenue and Taxation, provided oral testimony in support

of the bill and yielded to her boss who had provided testimony earlier.

Captain Paul Suba, Guam Police Department, Division of Highway Safety and Patrol,

provided an oral testimony in support of the bill. Captain Suba noted that the intent is great. In the aspect of a registered owner, Capt. Suba noted that it looks heavy on the registered owner. Capt. Suba said there are more people getting killed on the islands roadways and around the world by vehicular accidents than guns. He said that the registered owner is truly responsible for who drives and operates that vehicle. Capt. Suba shared that in other cases when GPD stops a violator, if they do not have a


driver's license, and if the vehicle is not insured, they go back to the registered owner

and hold them accountable. Capt. Suba said that this would be a step in the right direction for public safety.

Senator V. Anthony "Tony" Ada stated that business owners are always responsible for the conduct of their employees. He said that employers can be unaware of violations committed by his driver and stated that the bill would keep employers informed and get bad drivers off their payrolls. Senator Ada would like to work with those testifying to improve the bill.

Paje Butler suggested that the operators have their licenses suspended after a number of violations. Mr. Butler stated that there are GPS tracking capabilities and that companies have safe driving educational programs.

Captain Paul Suba stated that there are many accidents and many involve heavy vehicles. He implied that impounding cars is strange because vehicles do not cause accidents.

Senator vicente "ben" c. pangelinan asked Capt. Suba how many tickets are issued to trucks versus regular vehicles and Capt. Suba stated that he would provide statistics on that.

Senator Mana Silva Taijeron supports Bill 61 and 67 and thanked the panel for their testimony.

Chairman Palacios suggested that the sections could be moved into the speeding statute.

Phil Tydingco stated that the enhancements would go to regular court, not traffic court because the higher penalties require additional review. Mr. Tydingco stated that large vehicles can have greater damage than a regular vehicle.

Captain Paul Suba stated that the police do issue tickets and that the bill would contribute to safer streets.

Phil Tydingco stated that Chairman Palacios' suggestion has been well taken. Mr. Tydingco stated the enhancement starts out "Any operator of a large vehicle who speeds or turns improperly or makes improper lane changes does not obey the street lights, they face up to 1st and 2nd degree." Mr. Tydingco explained that the way the statutes are written, these are mostly citations are petty misdemeanors and below. He


stated that would want to clog up our courts to be out of the traffic court and this would be into the adult court which can barely do the bad crimes. To Mr. Tydingco, this is another clogging up the system, but if this is the policy and intent, to put these kind of penalties, then this is not the full time employers act as far as he is concerned. Mr. Tydingco said if this is the will of the people, then it is the will of the people. Mr. Tydingco stated that if we specify who operates large vehicles, violates certain kinds of recommendations, and then we would want to make it more clear as opposed to an enhancement which means in addition to.

Chairman Palacios suggested amending the reckless driving statute, and including the definition of what reckless driving is.

Chairman Adolpho B. Palacios, Sr., declared that Bill No. 61-31(COR) is duly heard.

The Chairman concluded the hearing and requests that written testimony be submitted within the next ten (10) days. He adjourned the hearing at 11:05 a.m.

III. FINDINGS AND RECOMMENDATIONS

The Committee on Public Safety, Law Enforcement, and Judiciary has substituted Bill

No. 67-31 (COR) which includes the following changes:

(1) Section 1 of the Bill, §3347 (1), (2), (3), (4), and (5) were edited from removing

the statements "fines," "misdemeanors," "second and third degree felonies," and replaced with descriptive penalties now listed in the bill.

(2) Section 2 of the Bill was deleted in its entirety, therefore in the title of the Bill,

on page 1, the words "AND A NEW §7177 TO CHAPTER 7 OF 17GCA" was deleted.

The Committee on Public Safety, Law Enforcement, & Judiciary hereby reports out Bill

No. 67-31 (COR), as Substituted, with the recommendation TO PASS.

IMINA' TRENT AI UNU NA LIHESLATURAN GUAHAN 2011 (FIRST) Regular Session

Bill No. 67-31 (COR) As Substituted by the Committee on Public Safety, Law Enforcement & Judiciary

Introduced by: V. Anthony Ada A. B. Palacios, Sr.

AN ACT TO ADD A NEW §3347 TO CHAPTER 3 OF ARTICLE 3 i-~ A NEW §7177 TO CHAPTER 7 OF l7GCA RELATIVE TO PENALTIES FOR MOVING VIOLATIONS INVOLVING LARGE VEHICLES.


2 Section 1. A new §3347 is added to Chapter 3, Article 3 of 16GCA to read:

3 "§3347. Penalty for Moving Violations Involving Large Vehicles. (a) any violation of

4 this Article committed by an operator of a large vehicle involving excessive speed, improper turns,

5 and lane changes, violations of traffic signs and signals, ignorance of lane markers or a violation of

6 this Chapter committed while such vehicle is in motion shall be subject to the following penalty

7 enhancements:

8 (1) Fines for such violations are doubled The penalty for a violation of this section is One

9 Hundred Dollars ($100.00);

10 (2) Petty misdemeanors are upgraded to misdemeanors The penalty for a second violation

11 ofthis section in a calendar year is Two Hundred Dollars ($200.00);

12 (3) Misdemeanors are upgraded to third degree felonies The penalty for a third and

13 subsequent violations of this section in a calendar year is Five Hundred Dollars ($500.00) and

14 misdemeanor;

1 ( 4) Third degree felonies are upgraded to seeond degree felonies The penalty for a

2 violation of this section involving property damage of more than Five Thousand Dollars

3 ($5,000.00) or bodily injury is a third degree felony; and

4 (5) Seeond degree felonies are upgraded to first degree felonies The penalty for a

5 violation of this section involving death or serious bodily injury is not less than a second

6 degree felony;

7 (b) Large vehicles for purposes of paragraph (a) of this section are defmed as follows:

8 (1) Buses that seat more than nine (9) passengers;

9 (2) Any vehicle that is towing another vehicle or a trailer; and

10 (3) Any vehicle with a weight in excess often thousand pounds (10,000 lbs.), including,

11 but not limited to, garbage trucks, dump trucks, cement trucks and bucket trucks.

12 (c) All penalties in this section are in addition to penalties prescribed for the underlying

13 moving violations.

14 Seetion 2. A new §7177 is added to Chapter 7, of 16GCA to read:

15 §7177. Same: LaFge Vehiele Moving Violation Registmtion SuuhaFge.

16 A sureharge shall be assessed on the registration of a large vehicle for each 'liolation of

17 §3347 of Chapter 3 of this Title that oeeurred duF.ng the period sinee the last registration of the

18 vehicle as follows:

19 (a) One Hundred Dollars ($100.00) for the ftrst offense

20 (b) Tv10 Hundred Dollars ($200.00) for the second offense, and

21 (e) Three Hundred Dollars ($300.00) for the third and any fur.her offen5e(s)

2

?~~ "-/,, ,'

IMINA' TRENT AI UNU NA LIHESLATURAN GU~-~ _, ~r 2011 (FIRST) Regular Session ,,y') . .?o"

Bill No. ?(Z,-3{(ov) /

Introduced by: V. A. Ada c{S) 4 /.~ A. B. Palacios, Sr. tf-1./{ I'

AN ACT TO ADD A NEW §3347 TO CHAPTER 3 OF ARTICLE 3 AND A NEW §7177 TO CHAPTER 7 OF 17GCA RELATIVE TO ENHANCING THE PENALTIES FOR MOVING VIOLATIONS INVOLVING LARGE VEHICLES.


2


4

5 §3347. Penalty Enhancements for Moving Violations Involving Large Vehicles. (a)

6 any violation of this Article committed by an operator of a large vehicle involving

7 excessive speed, improper turns, and lane changes, violations of traffic signs and signals,

8 ignorance of lane markers or a violation of this Chapter committed while such vehicle is

9 in motion shall be subject to the following penalty enhancements:

10 ( 1) Fines for such violations are doubled;

11 (2) Petty misdemeanors are upgraded to misdemeanors;

12 (3) Misdemeanors are upgraded to third-degree felonies;

13 ( 4) Third-degree felonies are upgraded to second-degree felonies; and

14 (5) Second-degree felonies are upgraded to first-degree felonies,

1 (b) Large vehicles for purposes of paragraph (a) of this section are defined as follows:

2 (I) Buses that seat more than nine (9) passengers;


4 (3) Any vehicle with a weight in excess of ten thousand pounds (10,000 lbs.),

5 including, but not limited to, garbage trucks, dump trucks, cement trucks and bucket

6 trucks.

7

8 Section 2. A new §7177 is added to Chapter 7, of 16GCA to read:

9

10 §7177. Same: Large Vehicle Moving Violation Registration Surcharge.

11 A surcharge shall be assessed on the registration of a large vehicle for each violation of

12 §3347 of Chapter 3 of this Title that occurred during the period since the last registration

13 of the vehicle as follows:

14 (a) One Hundred Dollars ($100.00) for the first offense

15 (b) Two Hundred Dollars ($200.00) for the second offense, and

16 (c) Three Hundred Dollars ($300.00) for the third and any further offense(s)

2

COMMITTEE ON PUBLIC SAFETY, LAW ENFORCEMENT & JUDICIARY I Mina'Trentai Uno na Liheslaturan Guahan

SENATOR ADOLPHO B. PALACIOS, SR. CHAIRMAN

Tuesday, March 1, 2011

Bill No. 67-31 (COR) -AN ACT TO ADD A NEW §3347 TO CHAPTER 3 OF ARTICLE 3 AND A NEW §7177 TO CHAPTER 7 OF 17GCA RELATIVE TO ENHANCING THE PENALTIES FOR MOVING VIOLATIONS INVOLVING LARGE VEHICLES.- by Senator V. Anthony Ada

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

/ / ;:}; P /L_.;-;t_ r f){"y t{f/f->~3 < [/'' ~-

/ 'pk/ Tycltntt a A6o / I U,

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--- ------ -- -- - -- ----- '----

Bill No. 67-:;J (fOR) Page { L•

f

Dipattamenton Kontribusion yan Adu'ana

DEPARTMENT OF

REVENUE AND TAXATION GOVERNMENT OF GUAM Gubetnamenton Guahan

February 22, 2010

The HOnoraole Senator Addlpho 'R PEifiicios Sr.

EDDIE BAZA CALVO, Governor Maga'IAhl RAY TENORIO, Lt Governor Tlnente Gubelnadore

JOHN P. CAMACHO, Director Dlrektot

MARIE M. BENITO, Deputy Director Segundo Dlrrtklot

Chairman of the Committee on Public Safety, Law Enforcement, and Senior Citizens Suite 104, 155 Hesler St., Hagatna, Guam 96910

Re: Bill No. 67-31 entitled "An Act to Add a New §3347 to Chapter 3 of Article 3 and a New §7177 to Chapter 7 of 16GCA Relative to Enhancing the Penalties for Moving Violations Involving Large Vehicles."

Dear Senator Palacios,

The ·Department realizes Guam is experiencing an increase in the number .of large vehicles on Guam's ·.roads due primarily to the military buildup. Therefore, this proposed legislation that addresses larger penalties for moving violations committed by operators of these large vehicles is much needed. These operators are licensed because of the skills they've acquired to operate these types of vehicles and need to be more responsible when sharing the roads with the more common smaller vehicles. The owners of these vehicles need to understand these stiffer penalties are due to, not only for operating heavier vehicles, but it is also because of the passengers or hazardous materials they may be transporting.

The only concern is for §7177 regarding the "Large Vehicle Moving Violation Registration Surcharge". When an operator is cited for a violation, a surcharge will be assessed on the vehicle's registration. How will this information be forwarded to the Vehicle Registration Branch? Presently, all citations issued by the Guam Police Department Highway Patrol are reported to the Traffic Court of the Judiciary of Guam. This Bill will require more information to be forwarded to the Vehicle Registration Branch. The Vehicle Registration Branch will also maintain the vehicle record to reflect whether the vehicle has been assessed a surcharge based on a first, second, third or more offense.

One option to consider is since the Traffic Court currently flags a Guam Driver's License holder's record and his vehicles when a holder has any outstanding traffic fmes, the computer system will show "Send to Court for Clearance". Rather than just this message, a modification can be made to indicate whether this is a first, second, third or more offense to assess the correct registration surcharge.

Thank you again for this opportunity to provide input on Bill No. 67-31.

Sincerely,

q_~r. c._~ John P. Camacho Director

cc: Office of the Deputy Director

Post OffiCe Box 23607, Guam Main Facility, Guam 96921 • Tel. / Telifon: (671) 635-1761/1762 • Fax I Faks: (671) 633-2643

•

.. · . COMMITTEE ON RULES I Mina'trentai Unu na Liheslaturan GuJhan • The 31st Guam Legislature ISS Hesler Place, Haghila. GI.Wll 96910 • www.gu.unlegis/Atu:n.com E-mail: [email protected] • Td: (671)472-7679 • Fax: (671)472-3547

- ---- - -- -- -------- ~-----·· -- ···-- - - -- --- --- --- ---------- - ----- ---~------- -

Senator February 24, 2011 Rory J. Respkio

CHAIRPERSON

MAJORITY LEADER Memorandum

Senator Judith P. Guthertz To:

VICE CHAIRPERSON ASST. MAJORITY LEADER

MAJORITY MEMBERS:

Speaker Judith T. Won Pat

Vice Speaker Benjamin J. F. Cruz

From:

Subject:

Hafa Adai!

Pat C. Santos Clerk of the Legislature

Senator Rory J. Respici~ Chairperson, Committee on Rules

Fiscal Notes

__...,.,---·-.. .., :·:?

0 V1

Senator Tina Rose Muiia Barnes LEGISLATIVE SECRETARY

MAJORITY WHIP

Senator Dennis G. Rodriguez, Jr.

Attached please find the fiscal notes for the bill numbers listed below. Please note that the fiscal notes, or waivers, are issued on the bills as introduced.

AssT. MAJORITY WHIP

Senator Thomas C. Ada

Senator Adolpho B. Palacios, Sr.

Senator vicente c. pangdinan

MINORITY MEMBERS:

Senator Aline A. Yamashita

AssT. MINORITY LEADER

Senator Christopher M. Duenas

Bill Nos.: 28-31 (COR) 54-31 (COR) 56-31 (COR)

59-31 (COR) 60-31 (COR)

61-31 (COR) 62-31 (COR)

63-31 (COR)

67-31 (COR) 75-31 (COR)

Please forward the same to MIS for posting on our website. Please contact our office should you have any questions regarding this matter.

Si Yu'os ma'dse'!

714722825 04:16:16p.m. 02-24-2011

• BUREAU OF BUDGET & MANAGEMENT RESEARCH OFfK'E OF TliE GOVERNOR

Post Office Box 2950, HagAtila Guam 96932

EDDIE 8AZA CALVO GOVERNOR

BEN IT A A. MANGLONA DIRECTOR

RAY TENORIO LtHJTENANT GOVERNOR

STEPHENJ.GUERRERO DEPUTY DIRECTOR

FEB 2 4 2011

Senator Rory J. Respicio Chairperson, Committee on Rules I Mina'trentai Unu na Liheslaturan GuMlan The 31st Guam Legislature 15 5 Hester Place Hagatna, Guam 96910

Hafa Adai Senator Respicio:

Transmitted herewith are Fiscal Notes on the following Bill Nos.:28-Jl(COR), 54-Jl(COR), 60-JHCOR), 61-Jl(CQR), 62-JUCOR), 63-JUCORl. 67-JUCOR> and 75-Jl(COR),

If you have any question(s}, please do not hesitate to call the office at 475-9412/9106..

15_(_ da . mc."""--BENITA A. MANGLONA0 Director

Enclosures

cc: Senator Vicente (ben) Pangelinan

4113

671 4722825

Bareau of Budget & Management Research Fiscal Note of Bill No. 67-Jl (COR)

04:16:50 p.m. 02-24-2011 7113

AN ACT TO ADD A NEW §3347 TOCHAPTER3 OF ARTICLEJ ,\.ND A NEW §7177TOCHAPTER 70F 17GCA RELATIVE TO ENIIANCING TilE PENALTIES FOR \-lOVING VIOLATIONS INVOLVING LARGE VEHICLES

: ··: : •.•. a~,._~tt~~;A~~~.·~~t.~do. . ·.:

. :

DeptJAaency All'ected: Guam Polke Department IDeptJ Agency Head:

Department's General Falld (GF) appropriatioD(s) to date:

Department's Otltcr Fund (Specify) appropriation(•) te date:

Tot~al Departmmt/Aca.c:y Appropriation(•) to date:

Gcaeral F11ad:

FY 2010 llnruerved Fund Balanec1

FY 2011 Adopted Rcvenatt

F\' 20Jl Appro.(P.kJ0..!96)

Sub-total:

Less appropriatioa ill Bil

Total:

Total

One Ful Fiscal Year

Fer Remainder of FY 2011

( ihpplkablt)

1. Does tht bill contain "rtvtaut gentratiag" provisi0111? If Y H. see attadamellt

FY 2012

2. b amount appropriated adequate to fund the intent ofthe appropriation? /s/ II no, what is the additional IIIIOURt required~ S I I

J. Dou the Bill nt11blish a aew proaran/agency? If yes, llill the prograam duplicate nisting pro1raau/aceacin? I I Is there 1 federal mandate to establish the procramlagen~y?

4. Will thunachnent uftbit Bill require new pb)tkal faciUties? 5. Wat Fiscal :'llote coordinated with tbe aflerted dept/agrmy? If no, indiute reason:

N/A ~/A

!'//A

so

:

. ···. : '

Fred Btrdalo, Acting

25,676.114

570.110

Sl6.246,2.J4

..... ..

(Specify Special Fuad):

so

so so

lsi Yes

\es

I I Yes Yet \'u \'u Yes

:':.:::·.'

Total:

so so so $0

so so

;,·.

so

so

II No

I I No

Is/ !\o ,,, :\o Ill :\o Ill :\o Ill :\o

I I Requested agu~y comments not received by due date I I Otbu: ------------

Footnotes:

The Bill. \tith proposed incrtalfS in penalties and moving \iolatioa registratioa ~urcharge~, will pro,· ide for pottnliel additional re\cnues. llo\tt\tr, in itt pruent form. that impact can not be dttenaiaed 111 thit time.

Senator I Rory J. Respicio I

CHAIRPERSON MAJORITY LEADER l

Senator! Judith P. Guthertz I

VICE CHAIRPERSON I AssT. MAJORITY LEADER l

MAJORITY! MEMBERS: I

Speaker I Judith T. Won Pat 1

!

Vice Speaker 'I Benjamin J. F. Cruz

! Senator l

Tina Rose Muiia Barnes I LEGISLATIVE SECRETARY

1:

MAJORITY WHIP '

I Senator I

Dennis G. Rodriguez. Jr. I AssT. MAJORITY WHIP

I

Senator! Thomas C. Ada I

Senator I Adolpho B. Palacios, Sr. i

Senator i vicente c. pangelinan

1

MINORITY MEMBERS:.

Senator Aline A. Yamashita

AssT. MINORITY LEADER i

I Senator 1

Christopher M. Duenas I I !

February 7, 2011

MEMORANDUM

To:

From:

Subject

Pat Santos Clerk of the Legislature

Attorney Therese M. Terlaje Legislative Legal Counsel

Senator Rory J. Respicio ~ Chairperson, Committe~ Rules

Referral of Bill Nos. 67-31 (COR) through 69-31 (COR)

As Chairperson of the Committee on Rules, I am forwarding my referral of Bill Nos. 67-31 (COR) through 69-31 (COR).

Please ensure that the subject bills are referred, in my name, to the respective committees, as shown on the attachment. I also request that the same be forwarded to all Senators of I Mina'trentai Unu na Liheslaturan Gudhan.

Should you have any questions, please feel free to contact our office at 472-7679.

Si Yu'os ma'dse!

(3) Attachments

Bill No. Sponsor(s)

67-31 V. A. Ada, A. B. (COR) Palacios, Sr.

-

IMina 'Trentai Unu Na Liheslaturan Gudhan Bill Log Sheet

February 3, 2011 Page 1 of 1

Date Date 120 Day Title Introduced Referred Deadline

AN ACT TO ADD A NEW §3347 2/03/11 217/11

TO CHAPTER 3 OF ARTICLE 3 10:26 a.m. AND A NEW §7177 TO CHAPTER 7 OF 17GCA RELATIVE TO ENHANCING THE PENALTIES FOR MOVING VIOLATIONS INVOLVING LARGE VEHICLES.

Committee Public Date Status Referred Hearing Committee (Date)

Date Report Filed Passed? Failed? Vetoed?

Overridden? Public Law?

Committee on Public Safety, Law Enforcement and Judiciary.

~~~-

COMMITTEE ON PUBLIC SAFETY, LAW ENFORCEMENT & JUDICIARY I Min a 'Trentai Unu Na Liheslaturan Gwlhan

SENATOR ADOLPHO 8. PALACIOS, SR. Chairman

February 21, 2011 (Pursuant to §8107, Title 5 GCA- 5 day notice prior to hearing date)

The Committee on Public Safety, Law Enforcement, and Judiciary has scheduled a public hearing starting at 9:00 am, Tuesday, March 1, 2011, at I Liheslaturan Guahan 's Public Hearing Room in Hagatil.a, on the following:

• Bill No. 75-31 (COR) - AN ACT RELATIVE TO PROVIDING THE GUAM COMMUNITY POLICE REVIEW COMMISSION WITH ADMINISTRATIVE AND CLERICAL SUPPORT NECESSARY FOR THE CONDUCT OF ITS ACTIVITIES, AND ALLOWING FOR THE APPOINTMENT OF AN INTERIM CHAIRPERSON; THROUGH ADDING A NEW SECTION "§78103.1" AND NEW SUBSECTIONS "(A.l)" AND "(D.1)" TO SECTION §78103 ALL TO CHAPTER 78 OF TITLE 10, GUAM CODE ANNOTATED.- by Senator Adolpho B. Palacios, Sr.

• Bill No. 61-31 (COR) -AN ACT TO ADD §1102(c)(1), §1102(vv), §1102(ww), TO ADD NEW DEFINITIONS TO §5101, TO AMEND §5109(a), §5109(c), §5112(b) AND TO ADD §5112(d), §5116(d), §5117 OF TITLE 16, GUAM CODE ANNOTATED, RELATIVE TO INCREASING THE SAFETY ON GUAM'S ROADS BY GRANTING DIVISION OF MOTOR VEHICLES/MOTOR CARRIER SAFETY ASSISTANCE PROGRAM OFFICIALS WITH CITATION AUTHORITY.- by Senator Thomas C. Ada

• Bill No. 67-31 (COR) -AN ACT TO ADD A NEW §3347 TO CHAPTER 3 OF ARTICLE 3 AND A NEW §7177 TO CHAPTER 7 OF 17GCA RELATIVE TO ENHANCING THE PENALTIES FOR MOVING VIOLATIONS INVOLVING LARGE VEHICLES. - by Senator V. Anthony Ada

The Committee requests that. if written testimonies are to be presented at the hearing, copies be submitted one day prior to the public hearing date, to the Office of Senator Adolpho B. Palacios, Sr., or via fax to 472-5022, or via email to [email protected]. Copies of the aforementioned Bill(s) may be obtained at I Liheslaturan Gudhan's website at www.guamlegislature.com. Individuals requiring special accommodations or services, please contact Julian Janssen or Jennifer Dulla at 472-5047/5048.

Office/Mailing Address: 155 Hesler Place, HagaJ/Ia Guam 96910

Telephone No. (671) 472-504715048 • Fax No. (671) 472-5022 • EltUiil: [email protected]

Gmail - 1st Notice of Public Hearing scheduled for March 1, 2011 Page 1 of 1

c~air Adolpho Palacios <[email protected]> ~>yCoogk

1st Notice of Public Hearing scheduled for March 1, 2011 1 message

Adolpho Palacios <[email protected]> (M;n, Feb 21, 2011 at 8:53 AM) To: [email protected], [email protected], Secretary Tina Rose Muna-Barnes <[email protected]>, "Majority Leader Rory J. Respicio" <[email protected]>, Senator Tom Ada <[email protected]>, [email protected], "Senator Frank F. Bias, Jr." <[email protected]>, [email protected], "Asst. Majority Leader Judith P. Guthertz, DPA" <[email protected]>, [email protected], "Senator Ben C. Pangelinan" <[email protected]>, [email protected], [email protected], [email protected], "Atty. Therese Terlaje" <[email protected]>

~~&f~,2011

(Pursuant to §8107, Title 5 GCA- 5-day notice prior to hearing date)

PUBLIC HEARING NOTICE

The Committee on Public Safety, Law Enforcement, and Judiciary has scheduled a public hearing starting at 9:00 am, Tuesday, March 1, 2011, at I Liheslaturan Guahan's Public Hearing Room in Hagatfia, on the following:

• Bill No. 75-31 (COR)- AN ACT RELATIVE TO PROVIDING THE GUAM COMMUNITY POLICE REVIEW COMMISSION WITH ADMINISTRATIVE AND CLERICAL SUPPORT NECESSARY FOR THE CONDUCT OF ITS ACTIVITIES, AND ALLOWING FOR THE APPOINTMENT OF AN INTERIM CHAIRPERSON; THROUGH ADDING A NEW SECTION "§78103.1" AND NEW SUBSECTIONS "(A.1)" AND "(D.1)" TO SECTION §78103 ALL TO CHAPTER 78 OF TITLE 10, GUAM CODE ANNOTATED.- by Senator Adolpho B. Palacios, Sr.

• Bill No. 61-31 (COR) - AN ACT TO ADD §1102(c)(1), §1102(vv), §1102(ww), TO ADD NEW DEFINITIONS TO §5101, TO AMEND §5109(a), §5109(c), §5112(b) AND TO ADD §5112(d), §5116(d), §5117 OF TITLE 16, GUAM CODE ANNOTATED, RELATIVE TO INCREASING THE SAFETY ON GUAM'S ROADS BY GRANTING DIVISION OF MOTOR VEHICLES/MOTOR CARRIER SAFETY ASSISTANCE PROGRAM OFFICIALS WITH CITATION AUTHORITY.- by Senator Thomas C. Ada

• Bill No. 67-31 (COR)- AN ACT TO ADD A NEW §3347 TO CHAPTER 3 OF ARTICLE 3 AND A NEW §7177 TO CHAPTER 7 OF 17GCA RELATIVE TO ENHANCING THE PENALTIES FOR MOVING VIOLATIONS INVOLVING LARGE VEHICLES.- by Senator V. Anthony Ada

The Committee requests that, if written testimonies are to be presented at the hearing, copies be submitted one day prior to the public hearing date, to the Office of Senator Adolphe B. Palacios, Sr., or via fax to 472-5022, or via email to [email protected]. Copies of the aforementioned Bill(s) may be obtained at I Liheslaturan Guiihan's website at www.guamlegislature.com. Individuals requiring special accommodations or services, please contact Julian Janssen or Jennifer Dulla at 472-5047/5048.

https:/ /mail.google.com/mail/?ui=2&ik=593118a0a6&view=pt&search=sent&th= 12e4547 ... 2/2112011

Gmail - 1st Notice of Public Hearing scheduled for March 1, 2011 Page 1 of 1

G~!'!Jail Adolpho Palacios <[email protected]> ~>yCooglc

1st Notice of Public Hearing scheduled for March 1, 2011 1 message

Adolpho Palacios <[email protected]> &;;. Fe~21, 2011 at 8:59AM) To: [email protected], Pat Santos <[email protected]>, rtaitague@guamleg1s:fure.org, Rennae Perez <[email protected]>, [email protected], [email protected], [email protected], [email protected], [email protected], Stephanie Mendiola <[email protected]>, [email protected], [email protected], [email protected], Mary Fejeran <[email protected]>, [email protected], [email protected], [email protected], [email protected]

~kutlro :u, rv-~2011



The Committee on Public Safety, Law Enforcement, and Judiciary has scheduled a public hearing starting at 9:00 am, Tuesday, March 1, 2011, at I Liheslaturan Guahan's Public Hearing Room in Hagatna, on the following:



• Bill No. 67-31 (COR) - AN ACT TO ADD A NEW §3347 TO CHAPTER 3 OF ARTICLE 3 AND A NEW §7177 TO CHAPTER 7 OF 17GCA RELATIVE TO ENHANCING THE PENALTIES FOR MOVING VIOLATIONS INVOLVING LARGE VEHICLES.- by Senator V. Anthony Ada

The Committee requests that, if written testimonies are to be presented at the hearing, copies be submitted one day prior to the public hearing date, to the Office of Senator Adolpha B. Palacios, Sr., or via fax to 472-5022, or via email to [email protected]. Copies of the aforementioned Bill (s) may be obtained at I Liheslaturan Gwlhan's website at www.guamlegislature.com. Individuals requiring special accommodations or services, please contact Julian Janssen or Jennifer Dull a at 472-5047/5048.

https://mail.google.com/maill?ui=2&ik=593118a0a6&view=pt&search=sent&th= 12e454c... 2/21/2011

Gmail - 1st Notice of Public Hearing scheduled for March 1, 2011 Page 1 of2

GB~ail Adolpho Palacios <[email protected]> i>jCoogk

1st Notice of Public Hearing scheduled for March 1, 2011 2 messages

Adolpho Palacios <[email protected]> Mon, Feb 21, 2011 at 8:56AM To: [email protected], [email protected], [email protected], [email protected], news sp guam.com, news@guampdn .com, [email protected], parroyo@spbguam .com, rgibson@k57 .com, [email protected], [email protected], Catriona Melyan <[email protected]>, [email protected], [email protected], [email protected], [email protected], jtyquiengco@spbguam .com, clynt@spbguam .com

F:ebnJa hC ~,, .Ma-rdt+, 2011



The Committee on Public Safety, Law Enforcement, and Judiciary has scheduled a public hearing starting at 9:00 am, Tuesday, March 1, 2011, at I Liheslaturan Guahan's Public Hearing Room in Hagiitfia, on the following:

• Bill No. 75-31 (COR) - AN ACT RELATIVE TO PROVIDING THE GUAM COMMUNITY POLICE REVIEW COMMISSION WITH ADMINISTRATIVE AND CLERICAL SUPPORT NECESSARY FOR THE CONDUCT OF ITS ACTIVITIES, AND ALLOWING FOR THE APPOINTMENT OF AN INTERIM CHAIRPERSON; THROUGH ADDING A NEW SECTION "§78103.1" AND NEW SUBSECTIONS "(A.1)" AND "(D.1)" TO SECTION §78103 ALL TO CHAPTER 78 OF TITLE 10, GUAM CODE ANNOTATED.- by Senator Adolpho B. Palacios, Sr.

• Bill No. 61-31 (COR) - AN ACT TO ADD §1102(c)(1), §1102(vv), §1102(ww), TO ADD NEW DEFINITIONS TO §5101, TO AMEND §5109(a), §5109(c), §5112(b) AND TO ADD §5112(d), §5116 (d), §5117 OF TITLE 16, GUAM CODE ANNOTATED, RELATIVE TO INCREASING THE SAFETY ON GUAM'S ROADS BY GRANTING DIVISION OF MOTOR VEHICLES/MOTOR CARRIER SAFETY ASSISTANCE PROGRAM OFFICIALS WITH CITATION AUTHORITY.by Senator Thomas C. Ada


The Committee requests that, if written testimonies are to be presented at the hearing, copies be submitted one day prior to the public hearing date, to the Office of Senator Adolpho B. Palacios, Sr., or via fax to 472-5022, or via email to [email protected]. Copies of the aforementioned Bill(s) may be obtained at I Liheslaturan Guahan's website at www.guamlegislature.com. Individuals requiring

httos://mail.google.com/mail/?ui=2&ik=593118a0a6&view=pt&search=sent&th= 12e4549 ... 2/21/2011

Gmail - 1st Notice of Public Hearing scheduled for March I, 20 II Page 2 of2

special accommodations or services, please contact Julian Janssen or Jennifer Dulla at 472-5047/5048.

Mail Delivery Subsystem <[email protected]> To: [email protected]

Mon, Feb 21, 2011 at 8:56AM

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Technical details of permanent failure: Google tried to deliver your message, but it was rejected by the recipient domain. We recommend contacting the other email provider for further information about the cause of this error. The error that the other server returned was: 550 550-5.1.1 The email account that you tried to reach does not exist. Please try 550-5.1.1 double-checking the recipient's email address for typos or 550-5.1.1 unnecessary spaces. Learn more at 550 5.1.1 http://mail.google.com/support/bin/answer.py?answer=6596 g7si13115733bkg.32 (state 17).

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[email protected], [email protected], [email protected], [email protected], rgibson@k57 .com, dmgeorge@guampdn .com, dmgeorge@guam .gannett. com, Catriona Melyan <[email protected]>, [email protected], [email protected],

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*March 1, 2011 * [Quoted text hidden]

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DATE:

TO:

FROM:

SUBJECT:

PAGES:

COMMITTEE ON PUBLIC SAFETY, LAW ENFORCEMENT & JUDICIARY I Min a 'Trentai Uno Na Liheslaturan Gwihan


FACSIMILE TRANSMITTAL SHEET

Q;ruary 21, 2oii)

Pacific Daily News Marianas Variety KUAM/Isla 630 Pacific News Center Marianas Media K-57/Power 98 Hit Radio 100 KStereo/KISH Glimpses

477-3079 (Attention: Government Meetings) 648-2007 (Attention: Community Page) 63 7-9865/9870 477-0793 477-2240 477-3982 472-7663 477-6411 649-8883

Office of Senator Adolpho B. Palacios, Sr.

FIRST Notice of Public Hearing scheduled for March 1, 2011

1 (including this sheet)

f"-~h~12011 (Pursuant to §8107, Title 5 GCA- 5-day notice prior to hearing date)


The Committee on Public Safety, Law Enforcement, and Judiciary has scheduled a public hearing starting at 9:00am, Tuesday, March 1, 2011, at I Liheslaturan Guahan 's Public Hearing Room in Hagatita, on the following:

• Bill No. 75-31 (COR)- AN ACT RELATIVE TO PROVIDING THE GUAM COMMUNITY POLICE REVIEW COMMISSION WITH ADMINISTRATIVE AND CLERICAL SUPPORT NECESSARY FOR THE CONDUCT OF ITS ACTIVITIES, AND ALLOWING FOR THE APPOINTMENT OF AN INTERIM CHAIRPERSON; THROUGH ADDING A NEW SECTION "§78103.1" AND NEW SUBSECTIONS "(A.1)" AND "(D.1)" TO SECTION §78103 ALL TO CHAPTER 78 OF TITLE 10, GUAM CODE ANNOTATED. -by Senator Adolpho B. Palacios, Sr.

• Bill No. 61-31 (COR) - AN ACT TO ADD §1102(c)(l), §1102(vv), §1102(ww), TO ADD NEW DEFINITIONS TO §5101, TO AMEND §5109(a), §5109(c), §5112(b) AND TO ADD §5112(d), §5116(d), §5117 OF TITLE 16, GUAM CODE ANNOTATED, RELATIVE TO INCREASING THE SAFETY ON GUAM'S ROADS BY GRANTING DIVISION OF MOTOR VEHICLES/MOTOR CARRIER SAFETY ASSISTANCE PROGRAM OFFICIALS WITH CITATION AUTHORITY.- by Senator Thomas C. Ada


The Committee requests that, if written testimonies are to be presented at the hearing, copies be submitted one day prior to the public hearing date, to the Office of Senator Adolpho B. Palacios, Sr., or via fax to 472-5022, or via email to [email protected]. Copies of the aforementioned Bill(s) may be obtained at I Liheslaturan Gutlhan's website at www.guamlegislature.com. Individuals requiring special accommodations or services, please contact Julian Janssen or Jennifer Dull a at 472-5047/5048.

Office/Mailing Address: 155 Hesler Place, Hagatfia Guam 96910

Telephone No. (671) 472-504715048 • Fax No. (6 71) 472-5022 • Email: [email protected]

Broadcast RePOrt

TC: 123803

Destination start Tiae Tille Prints Result Note PON 02-21 09:02 00:00:37 001/001 OK KUAH 02-21 09:03 00:00:23 001/001 OK PNC 02-21 09:04 00:00:21 001/001 OK 1<57 02-21 09:04 00:00:19 001/001 OK HIT RADIO 100 02-21 09:05 00:00:20 0011001 OK Glllf>SES 02-21 09:06 00:00:21 0011001 OK KSTEREOIKISH 02-21 09:08 00:00:41 001/001 OK 6379870 02-21 09:09 00:00:19 0011001 OK 4772240 02-21 09:09 00:05:48 001/001 OK MARIANAS VARIETY 02-21 09:18 00:00:26 0011001 OK

Note

Result OK: Coamunication OK, S-OK: Stop connunication, PW-OFF: Power Switch OFF, TEl: RX from TEl, NG: Other Error, Cont: Continue, No Ans: No Answer, Refuse: Receipt Refused, Busy: Busy, H-Full:Heaory Full, lOVR:Receiving length over, POVER:Receiving page over, fll: File Error, OC:Decode Error, HON:HON ResPOnse Error, DSN:DSN ResPOnse Error.

TO:

C::e> ........ I'T"T'EE C>N F"I..I-LJC: S.A.FIE'T'Y. l-AW ElNFC>RC:&:IMIEN'T 8c JI..Jt:tiC:I.A.RY I ..1\.#LnA "'7>-t.nt.R.I LJ..no .N'A ~tur'lan GuAhA.n

Se::-.......TC>R .A.I:>c>L..Pt-lc> B. F".A.L..A.C:::IC>B. SR. c:h~

F.d,CSl:~LLE TRANS~LTTAL SHEET

Pa~lfic DaU.y Ne'9V• Jtd:arl ...... Varl.•ty KUA.M/I•Ia 630 Pad.fl.e Ne.....,._ Center 1\d:a.~. Jlrd_eci.J.a K-57/Po.....,.er 98 Hit; R.ad.lo 100 KSMreo.IICISH

Gll>n-

477-3079 (A.U.nt:ion:: Gov-e.......,.nt" 1\.11:••~) ~200'7 (A~ntion: Coau:nu.21l~ Pas•• 637-9tl65..'9870 -&77'-G793 C77-22410 4'77-398.2. 4'72-7663-.IJI77-6&11 ... ..__..,.

PRC>l'\AI: c::Jt£ftce o£ Se~t:or A.doipho B~ Palacio., Sr.

SUBJECT:

PAGES: 1 (includl:ng thie aheet)

1\.ola.rc:b. 1,.. 2011 (Pursuant to §81.0'7.., "Title-~ GCA- .5-day notice prior to hearing date)

PUBLZC HEABXNG NOTICE

The Comrn.itt__. on Public Safety,. Law Enforcerrte:n't:,.. and Jud.Jcl•ry has scheduled a public hearing sta.rt:ing at- 9tC:H> a%n...

Tueeclay, lll..t:arch 1~ 2.011, at T Lihesl«turRn GuAhAn"11 Public Hearln.g Room In Hag.ftt:f\a, on the f<JOllowin.g;

DUI No. "71!J-31 (COR.) - AN ACT RELATIVE TO PROVIDING THE GUA~ COJ'Iwlll\.oi.UNI'T"Y POLICE REVIE""' COJ'II.ot"Pd"ISSIC>N ""ITH ADJtrwt:INIS"'TRATIVE AND CLERICAL SUPPORT NECESSAK_Y FOR 'THE CONDUCT OF ITS ACTIVITIES, AND ALLOWING FOR THE A.PPOINTJ\.IIBNT OF AN INTER..IJ!Id CHA.IR.PER..SON; T~C>UGH ADDING A NEW SECTION -878103-1- AND NE""Y SUBSECTIONS .-(A.1)- AND -cD.1)- TO SECTIC)IN §'78103 ALL TC> CHAPTER 78 OF 7"ITLE '2.0, GUA..l\-'1 CODE ANNOTATED.- by S.-nator Aclolpho B. Paiado•, Sr.

Dill No. 61-31 CCOR) - AN ACT TO ADD §"1102(c)(:l.).., §1102Cvv), §1102(~) ... TO ADD NEW DEF.NITIONS TO §5:1.01., TO A"'"'ND §5109(a), §!$109(c), §51120:>) ANI> TO ADD §!1112(d), §!1:1.16(d), 8511?' OF TITLE 16, GOA~ CC>DB ANNOTATED..- RELATIVE TO INCREASI.J"roJG THE SAFETY ON G'LJ~'S ROADS BY GRANTING DIVISION OF ::r....t:OT<>R VEHICLES/IIdOTOR CARRIER SAFETY ABSISTANCE PR.OGR.A..Jid OFFICIALS ""ITH CITATION AUTHORITY.- by s_.....t:orTho.u.aa C. Ada

Bill No. 67-3:1. (CC>R.)- AN ACT TO .A.J:>D A NEW 8334? TO CHAPTER 3 OF ARTICLE 3 AND A NEVV 8'71'77 TO CHAPTER '7 OF 1'7GCA RELATI"VE TO ENH.A.N"CING THE PENALTIES FOR 1\.II:OVING V'JOLATIONS INVOLVING LARGE VEHICLES.- by Sen.ab>r V. Anthony Acl.a

The Con"t:JTl.iHee- requests that~ if written. teeth:nonJ.-s are to be presented •t: the hearing.. copl- be .-.....bnU~ one day prtor to the pubUcheart.ns dat.. -to th..!> C>f'fice of Senator Adolpho B. P.lactoe, Sr..,. or via :f".uo: to 4'72-5022,.. or via eD"~aiJ to Sen.ABPalacl~aiLcom. Cop:l~ of the aforementioned Bill(•) may be obtain-ed at I L:lheshltun:IN GuAhAn"• -website at ~·BU•mlegtalature-.corn. Indlvtdual5 :J"equtrtng apecial .acoonu:nodat:ion4 or aerviora. ple- cun.tact JuHan Jan.aaen or je:nn.l&rr Dulla at 472w5047/5048.

CI!LJ'fc~.JH,.,.Aflllrll-.:$~ ISS~~, l"#•c•,. IIQ.-~A. G-- 96919

r.r.,~n• N•. r4'171;J 47'2-$D47~#hl• • F~ No. ('671.J 472-SII~.Z • e-alrz s.,........,.p,.r,.cSD~--u~,..

Gmail - SECOND NOTICE OF PUBLIC HEARING Page 1 of2

c~ail. Adolpho Palacios <[email protected]> eyGoogk

SECOND NOTICE OF PUBLIC HEARING 1 message

Adolpho Palacios <[email protected]> Fri, Feb 25,2011 at 10:59 AM To: [email protected], [email protected], [email protected], "Majority Leader Rory J. Respicio" <[email protected]>, Senator Tom Ada <[email protected]>, [email protected], "Senator Frank F. Bias, Jr." <[email protected]>, [email protected], "Asst. Majority Leader Judith P. Guthertz, DPA" <[email protected]>, [email protected], "Senator Ben C. Pangelinan" <[email protected]>, [email protected], [email protected], Aline Yamashita <[email protected]> Cc: [email protected], [email protected], [email protected], "Atty. Therese T erlaje" <tterlaje@guam .net>, [email protected], [email protected], [email protected], [email protected], [email protected], Mary Fejeran <[email protected]>, [email protected], [email protected], [email protected], [email protected]

February 25, 2011

(Pursuant to §8107, Title 5 GCA- 48-hour notice prior to hearing date)




• Bill No. 61-31 (COR) - AN ACT TO ADD §1102(c)(1), §1102(vv), §1102(ww), TO ADD NEW DEFINITIONS TO §5101, TO AMEND §5109(a), §5109(c), §5112(b) AND TO ADD §5112(d), §5116 (d), §5117 OF TITLE 16, GUAM CODE ANNOTATED, RELATIVE TO INCREASING THE SAFETY ON GUAM'S ROADS BY GRANTING DIVISION OF MOTOR VEHICLES/MOTOR CARRIER SAFETY ASSISTANCE PROGRAM OFFICIALS WITH CITATION AUTHORITY.by Senator Thomas C. Ada

• Bill No. 67-31 (COR) - AN ACT TO ADD A NEW §3347 TO CHAPTER 3 OF ARTICLE 3 AND A NEW §7177 TO CHAPTER 7 OF 17GCA RELATIVE TO ENHANCING THE PENAL TIES

https://mail.google.com/maill?ui=2&ik=593118a0a6&view=pt&search=sent&th= 12e5a54... 2/25/2011

Gmail - SECOND NOTICE OF PUBLIC HEARING Page 2 of2

FOR MOVING VIOLATIONS INVOLVING LARGE VEHICLES.- by Senator V. Anthony Ada

The Committee requests that, if written testimonies are to be presented at the hearing, copies be submitted one day prior to the public hearing date, to the Office of Senator Adolpha B. Palacios, Sr., or via fax to 472-5022, or via email to [email protected]. Copies of the aforementioned Bill(s) may be obtained at I Liheslaturan Guahan's website at www.guamlegislature.com. Individuals requiring special accommodations or services, please contact Julian Janssen or Jennifer Dulla at 472-5047/5048.

httos:/ /mail.google.com/mail/?ui=2&ik=593118a0a6&view=ot&search=sent&th= 12e5a54... 212512011

Gmail - SECOND NOTICE OF PUBLIC HEARING Page 1 of 1

Adolpho Palacios <[email protected]>

SECOND NOTICE OF PUBLIC HEARING 1 message

Adolpho Palacios <[email protected]> Fri, Feb 25,2011 at 10:50 AM To: [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], Catriona Melyan <[email protected]>, [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], clynt@spbguam .com

February 25, 2011

(Pursuant to §8107, Title 5 GCA- 48-hour notice prior to hearing date)


The Committee on Public Safety, Law Enforcement, and Judiciary has scheduled a public hearing starting at 9:00 am, Tuesday, March 1, 2011, at I Liheslaturan Gudhan's Public Hearing Room in Hagatiia, on the following:

• Bill No. 75-31 (COR)- AN ACT RELATIVE TO PROVIDING THE GUAM COMMUNITY POLICE REVIEW COMMISSION WITH ADMINISTRATIVE AND CLERICAL SUPPORT NECESSARY FOR THE CONDUCT OF ITS ACTIVITIES, AND ALLOWING FOR THE APPOINTMENT OF AN INTERIM CHAIRPERSON; THROUGH ADDING A NEW SECTION "§78103.1" AND NEW SUBSECTIONS "(A.1)" AND "(D.1)" TO SECTION §78103 ALL TO CHAPTER 78 OF TITLE 10, GUAM CODE AN NOT A TED.- by Senator Adolpho B. Palacios, Sr.



The Committee requests that, if written testimonies are to be presented at the hearing, copies be submitted one day prior to the public hearing date, to the Office of Senator Adolpha B. Palacios, Sr., or via fax to 472-5022, or via email to [email protected]. Copies of the aforementioned Bill(s) may be obtained at I Liheslaluran Gwlhan's website at www.guamlegislature.com. Individuals requiring special accommodations or services, please contact Julian Janssen or Jennifer Dulla at 472-5047/5048.

httns://mail. google.com/maill?ui=2&ik=593118a0a6&view=ot&search=sent&th= 12e5a4b... 2/25/2011

COMMITTEE ON PUBLIC SAFETY, LAW ENFORCEMENT & JUDICIARY IMina 'Trentai Unu Na Liheslaturan Gwihan

For Immediate Release

February 25, 2011


PRESS RELEASE

SECOND NOTICE OF PUBLIC HEARING


• Bill No. 75-31 (COR) - AN ACT RELATIVE TO PROVIDING THE GUAM COMMUNITY POLICE REVIEW COMMISSION WITH ADMINISTRATIVE AND CLERICAL SUPPORT NECESSARY FOR THE CONDUCT OF ITS ACTIVITIES, AND ALLOWING FOR THE APPOINTMENT OF AN INTERIM CHAIRPERSON; THROUGH ADDING A NEW SECTION "§78103.1" AND NEW SUBSECTIONS "(A.1)" AND "(D.l)" TO SECTION §78103 ALL TO CHAPTER 78 OF TITLE 10, GUAM CODE ANNOTATED.- by Senator Adolpho B. Palacios, Sr.

• Bill No. 61-31 (COR) -AN ACT TO ADD §1102(c)(1), §1102(vv), §1102(ww), TO ADD NEW DEFINITIONS TO §5101, TO AMEND §5109(a), §5109(c), §5112(b) AND TO ADD §5112(d), §5116(d), §5117 OF TITLE 16, GUAM CODE ANNOTATED, RELATIVE TO INCREASING THE SAFETY ON GUAM'S ROADS BY GRANTING DIVISION OF MOTOR VEHICLES/MOTOR CARRIER SAFETY ASSISTANCE PROGRAM OFFICIALS WITH CITATION AUTHORITY. - by Senator Thomas C. Ada


The Committee requests that, if written testimonies are to be presented at the hearing, copies be submitted one day prior to the public hearing date, to the Office of Senator Adolpho B. Palacios, Sr., or via fax to 472-5022, or via email to [email protected].

Copies of the aforementioned Bill(s) may be obtained at I Liheslaturan Guahan 's website at www.guamlegislature.com. Individuals requiring special accommodations or services, please contact Julian Janssen or Jennifer Dulla at 472-5047/5048.

Ojjice/Mailing Address: 155 Hesler Place, Hagatfla Guam 96910

Telephone No. (671) 472-504715048 • Fax No. (671) 472-5022 • EI1Ulil: SenABPalacio~mail.com

Destination Start Tille PDN 02-25 11: 18 KUAH 02-25 11:19 PNC 02-25 11:20 1(57 02-25 11:21

BroadCdst RePOrt

Time Prints 00:00:34 001/001 00:00:31 001/001 00:00:20 001/001 00:00:18 001/001

Result Note OK OK OK OK

p 1 02/25/2011 11:25

serial No. A02E0110030B5 TC: 125753

HIT RADIO 100 02-25 11:21 00:00:18 0011001 OK KSTO 02-25 11 :22 00:00:38 0011001 OK GLIMPSES 02-25 11:23 00:00:19 0011001 OK GPD 02-25 11:23 00:00:19 0011001 OK REV & TAX 02-25 11:24 00:00:34 001/001 OK MARIANAS VAR I ElY 02-25 11:25 00:00:24 001/001 OK

Note

Result OK: COIIIIIIunication OK, S-OK: Stop COIIIIIIUniCdtion, PW-Off: Power Switch Off, TEL : RX from TEL, NG: Other Error, Cont: Continue, No Ans: No Answer, Refuse: Receipt Refused, Busy : Busy, H-Full:Heaory Full, LOVR:Receiving length over, POVER:Receiving page over, FIL:file Error, DC:DecOde Error, HDN:HON ResPOnse Error, DSN:DSN ResPOnse Error.

--- - ·-· ---- ·- - - ---- - · - ---

C::o ........ rrrEE ON PUBLIC:: SA.FET"V. L.A.W ENFC>ftC:::E .... ENT &: JUDIC:::IAR.V I l\-£.fn• """T.rent.IU U..nu 1'\T.a LJ.he.s.latu.cwn Gu4..h.a.n

For I.-n.-nediate Release February 25, 2077

SE-.A..TC>R A.DC>I..-PI-IC> 13. P.A..L..A.C:::IC>S, SR. Cha:ir~n.IILT7

PRESS RELEASE

SECOND NOTICE OF PUBLIC HEARJNG

"l'h.e Commit-tee on Pu.bli c Safe~, 'Law En.forcemen~ ... a.n.d Ju.diciary has scheduled a public hearing s~arti~ at 9:00 a-=n, Tuesday,. ~•rc.h 1, 20:11 .. e~t I I- iheslat-uran Gudha:n~s Public Hearing Roo.P"'t in HagAt:i\a., on t:he follo"Wing:

Bill No. 75-31 (COR) - AN ACT RELATIVE TO PROVII>ING ~ GUAIYI CO-IYJIT..JNITY POLICE REVIEW CO-_.SSIO:N" WIT~ AI>I\o-t:INISTR.ATIVE ANI> CLERICAL SUPPORT NECESSARY FOR THE CONI>UCT OF ITS ACTIVITIES, AND ALLOWING FOR ..-..:E .APPOIN~NT OF AN INTER.IIIo-t: C~IR.PERSON; THROUGH AI>I>ING A NEW SECTION "§78103.1" A.ND NEW SUBSECTIONS "(A. 1)'" AND -(I>.1)" TO SECTION §78103 ALL TO CHAPTER 78 OF TITLE 10, GU.A.I'ti.'I CODE ANNOTA-TED. - by Sen•lor A.dolpho B. Palacio•, Sr.

Bill No. 61-31 <COR) - AN ACT TO ADI> §:110.2.(c)(1), §1102(vv), §1:102(w.....,), TO AI>D NEW I>EFINITIONS TO §5101, TO ~ENI> §5109(a), §5109(c), §!!li112(b) AND TO AI>I> §511.2(d), §5116(d), §5117 OF TITLE "16, GU~ COI>E ANNOTATEI>, RELATIVE TO INCREASING~ SAFETY ON GUA!Io.-I'S R.OAI>S BY GRAN"I"ING DIVISION OF 1\o-t:OT<>R. V~ICLES/IVIOTOR. CA.RRIER SAFETY ASSISTANCE PR.OGRAI\o-t: OFFICIALS WITH CITATION AUTHORITY. - by Senator Tho~•• C. Ada

Bill No. 67-31 (COR.) - AN ACT TO ADI> A NEW §3347 T<> C~APTER 3 OF ARTICLE 3 AND A NEW §717'7 TO CHAPTER 7 OF 17GCA. RELATIVE TO ENH.A.NCING THE PENALTIES FOR 1\o-t:OVING VIOLATIONS INVOLVING LARGE VEHICLES. - by Sen.at:or V. ~t:ho:n.y Ada

The Cornxn.ittee requests that,. if written 't~timontea .roe to be p~tccl nt t-he hoar.in.g. copies be eub:ntitt.ed ~ day prior to th• public hcarl.rtg date,. to th. C>ffloe of s-nat-cn" Adolpho B . Palacioe, Sr., or vle Eax to .C.72-5022., or via eirl..lllil to Sen.A.BPa.lad~rn.aJl . C'O'H't.

C oplee o£ t:he a furernentioned BiU(a) rn..ay be obtat.ned •t I L~hU-ur•" Gutllhan"IJ webette at ~.guan-t.legialab..J.re.com . (..,divid'-.:l.ale ..-q~irlng ~·1 a cc:omrn.odat:lon• or ~1~,. pi••-- c:-on~ct" J~ 1•~ or Je:nn.11er Dull• at" 472- eo47,15048 .

O.LTJce/JJ#aU.,.. A~,~: ISS H-kr 1"1~•. H •• _,~ c .. .,.. ~.10 Telrpho-~ No. (6'?1.) 472-$t>4'?/504. • FlaX .N~ ('671,) 4'?:2- .!¥03.3 • e-.n11: ~I!IPWIDCI~,..,.u_~,..,

COMMITTEE ON PUBLIC SAFETY, LAW ENFORCEMENT & JUDICIARY IMina 'Trentai Uno Na Liheslaturan Gw1han

SENATOR ADOLPHO 8. PALACIOS, SR. Chairman

PUBLIC HEARING

9:00 am, Tuesday, March 1, 2011 I Liheslaturan Guahan's Public Hearing Room, Hagama

AGENDA

• Bill No. 75-31 (COR) - AN ACT RELATIVE TO PROVIDING THE GUAM COMMUNITY POLICE REVIEW COMMISSION WITH ADMINISTRATIVE AND CLERICAL SUPPORT NECESSARY FOR THE CONDUCT OF ITS ACTIVITIES, AND ALLOWING FOR THE APPOINTMENT OF AN INTERIM CHAIRPERSON; THROUGH ADDING A NEW SECTION "§78103.1" AND NEW SUBSECTIONS "(A.1)" AND "(D.1)" TO SECTION §78103 ALL TO CHAPTER 78 OF TITLE 10, GUAM CODE ANNOTATED. -by Senator Adolpho B. Palacios, Sr.

• Bill No. 61-31 (COR)- AN ACT TO ADD §1102(c)(1), §1102(vv), §1102(ww), TO ADD NEW DEFINITIONS TO §5101, TO AMEND §5109(a), §5109(c), §5112(b) AND TO ADD §5112(d), §5116(d), §5117 OF TITLE 16, GUAM CODE ANNOTATED, RELATIVE TO INCREASING THE SAFETY ON GUAM'S ROADS BY GRANTING DIVISION OF MOTOR VEHICLES/MOTOR CARRIER SAFETY ASSISTANCE PROGRAM OFFICIALS WITH CITATION AUTHORITY.- by Senator Thomas C. Ada


The Committee requests that, if written testimonies are to be presented at the hearing, copies be submitted one day prior to the public hearing date, to the Office of Senator Adolpho B. Palacios, Sr., or via fax to 472-5022, or via email to [email protected]. Copies of the aforementioned Bill(s) may be obtained at I Liheslaturan Guiihan 's website at www.guamlegislature.com. Individuals requiring special accommodations or services, please contact Julian Janssen or Jennifer Dulla at 472-5047/5048.

Office/Mailing Address: 155 Hesler Place, Hagatna Guam 96910

Telephone No. (6 71) 472-504 715048 • Fax No. (6 71) 472-5022 • Email: [email protected]

?/}, ~(_,_,';/ ,'

'!;<"!) ~ IMINA' TRENT AI UNU NA LIHESLATURAN GUAHAN'.J

4 7~

2011 (FIRST) Regular Session '' 7 ,~?. 26 Bill No. 07-3/ (ov) Introduced by: V. A. Ada~ 4~~

A. B. Palacios, Sr. fVV[ f"

AN ACT TO ADD A NEW §3347 TO CHAPTER 3 OF ARTICLE 3 AND A NEW §7177 TO CHAPTER 7 OF 17GCA RELATIVE TO ENHANCING THE PENALTIES FOR MOVING VIOLATIONS INVOLVING LARGE VEHICLES.


2


4

5 §3347. Penalty Enhancements for Moving Violations Involving Large Vehicles. (a)

6 any violation of this Article committed by an operator of a large vehicle involving

7 excessive speed, improper turns, and lane changes, violations of traffic signs and signals,

8 ignorance of lane markers or a violation of this Chapter committed while such vehicle is

9 in motion shall be subject to the following penalty enhancements:

10 ( 1) Fines for such violations are doubled;

11 (2) Petty misdemeanors are upgraded to misdemeanors;

12 (3) Misdemeanors are upgraded to third-degree felonies;

13 (4) Third-degree felonies are upgraded to second-degree felonies; and

14 (5) Second-degree felonies are upgraded to first-degree felonies,

1 (b) Large vehicles for purposes of paragraph (a) of this section are defined as follows:

2 ( 1) Buses that seat more than nine (9) passengers;


4 (3) Any vehicle with a weight in excess of ten thousand pounds (10,000 lbs.),

5 including, but not limited to, garbage trucks, dump trucks, cement trucks and bucket

6 trucks.

7

8 Section 2. A new §7177 is added to Chapter 7, of 16GCA to read:

9

10 §7177. Same: Large Vehicle Moving Violation Registration Surcharge.

11 A surcharge shall be assessed on the registration of a large vehicle for each violation of

12 §3347 of Chapter 3 of this Title that occurred during the period since the last registration

13 of the vehicle as follows:

14 (a) One Hundred Dollars ($100.00) for the first offense

15 (b) Two Hundred Dollars ($200.00) for the second offense, and

16 (c) Three Hundred Dollars ($300.00) for the third and any further offense(s)

2

e~~lvo - guam legislature

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