b. j. - legislature of guam no. b112-30... · senator james v. espaldon member ... • committee...

Thirtieth Guam Legislature

Committee on Public Safety, Law Enforcement &

Senior Citizens Members:

Senator Adolpha B. Palacios, St. Chairman

Senator Ray Tenorio Vice Chairman

Speaker Judith T. Won Pat Member

Senator Th&mos C. Ada Member

Senator Frank B. Aguon, Jr. Member

Senator Matt Rector Member

Senator Edward J.B. Calvo Member

Senator James V. Espaldon Member

Other Committee Membership:

• Vice Chairman, Committee on Economic Development, Health and Human Services, & Judiciary

• Vice Chairman, Committee on Utilities, Transportation, Public Works, & Veterans Affairs

• Vice Chairman, Committee on labor, the Public Structure, Public libraries & Technology

• Member, Committee on Rules

• Member, Committee on Education

COMMITTEE ON PuBUC SAFETY, LAW ENFORCEMENT 8c SENIOR CITIZENS

IMina 'Trenta na Liheslaturan Guahan

SENATOR ADOLPHO B. PALACIOS, SR. Chairman

October 26, 2009

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

VIA: The Honorable Rory J. Respicio /lY Chairperson, Committee on R~s -

RE: Committee Report- Bill No. 112-30 (COR)

Dear Speaker Won Pat:

Transmitted herewith is the Committee Report on Bill No. 112-30 (COR), as substituted by the Committee on Public Safety, Law Enforcement & Senior Citizens - "AN ACT TO AMEND §3101(i) OF CHAPTER 3, TITLE 16 GUAM CODE ANNOTATED AND[TO AMEND DIVISION (3) OF SUBITEM (i), ARTICLE 1, CW .. PTER 3, TITLE 16 GUAM CODE ANNOTATED,]TO ADD A NEW SUBITEM (g) OF § 17101, CHAPTER 17, TITLE 16 GUAM CODE ANNOTATED; AND TO ADD [DIVISIONS] A NEW SUBSECTION (1) AND (2) TO SUBITEM (a) OF § 3111, ARTICLE 1, CHAPTER 3, TITLE 16 GUAM CODE ANNOTATED RELATIVE TO CREATING CLEARLY DEFINED REGULATIONS, PENAL TIES AND SERVICES FOR GUAM'S LICENSED DRIVERS WHO ARE MEDICALLY DIAGNOSED WITH EPILEPSY" -sponsored by Senator Tina Rose Mufta-Bames, and referred to the Committee on Public Safety, Law Enforcement & Senior Citizens.

Committee votes are as follows:

1

6

TO PASS

NOT TO PASS

TO REPORT OUT ONLY

ABSTAIN

INACTIVE FILE

Sincerely, u ADOcL~~R., MPA, BSICJA Chairperson

Attachments

Office/Mailing Address: ISS Hesler Pl .• Haf:atfla GU 96910

Te/ep!tone No. (671) 472~S047/S048 • Fax No. (671) 472-5022 • Email: SenABPalado!{tigltUtiLcom

COMMITTEE ON PUBLIC SAFETY, LAW ENFORCEMENT & SENIOR CITIZENS

SEN A TOR AOOLPHO B. PALACIOS, SR. CHAIRMAN

I Mina'Trenta na Liheslaturan Guilhan

COMMITTEE REPORT

ON

BILL NO. 112 (COR) As substituted by the Committee on Public Safety,

Law Enforcement, & Senior Citizens By Senator Tina T. Mufia-Barnes and

Senator Frank B. Aguon, Jr.

AN ACT TO AMEND §3101(i) OF CHAPTER 3, TITLE 16 GUAM CODE ANNOTATED AND[TO AMEND DIVISION (3) OF SUBITEM (i), ARTICLE 1, CHAPTER 3, TITLE 16 GUAM CODE ANNOTATED,]TO ADD A NEW SUBITEM (g) OF § 17101, CHAPTER 17, TITLE 16 GUAM CODE ANNOTATED; AND TO ADD [DIVISIONS] A NEW SUBSECTION (1) AND (2) TO SUBITEM (a) OF § 3111, ARTICLE 1, CHAPTER 3, TITLE 16 GUAM CODE ANNOTATED RELATIVE TO CREATING CLEARLY DEFINED REGULATIONS, PENALTIES AND SERVICES FOR GUAM'S LICENSED DRIVERS WHO ARE MEDICALLY DIAGNOSED WITH EPILEPSY.

Officc/,'\'lailing .\ddress: 155 Hesler Place, llagatila (; uam ?69 10

COMMI'TTEE ON PUBUC SAFETY, LAW ENFORCEMENT & SENIOR CITIZENS

IMina 'Trenta na Liheslaturan Gudhan

SENATOR ADOLPHO B. PALACIOS, SR. Chainnan

Thirtieth October 9, 2009 Guam Legislature

MEMORANDUM

Committee on Public Safety, Law Enforcement & TO: ALL MEMBERS

Senior Citizens Members:

Senutor Adolpha B. Palacios, St. Chairman

Senator Ray Tenorio Vice Chairman

Speaker Judith T. Won Pat Member

Senator Thomas C. Ada Member

Senator Frank B. Aguon, Jr. Member

Senator Matt Rector Member

Senator Edward J.B. Calvo Member

Senator James V. Espaldon Member

Other Committee Membership:

• Vice Chairman, Committee on Economic Development, Healtn and Human Services, & Judiciary

• Vice Chairn1an, Committee on Utilities, T ranspartation, Public Works, & Veterans Affairs

• Vice Chairman, Con1mittee on Labor, the Public Structure, Public Libraries & Technology

• Member, Committee on Rules

• Member, Committee on Education

I

FROM:

SUBJECT:

Committee on Public Safety, Law Enforcement, & Senior Citizens

Chairman, CommittrP~blic Safety, Law Enforcement, & Senior Citizens fP/ (//

Voting Sheet.

Transmitted herewith are the voting sheet and the Committee Report on Bill No. 112-30 (COR), as substituted by the Committee on Public Safety, Law Enforcement, and Senior Citizens - 11 AN ACT TO AMEND §3101(i) OF CHAPTER 3, TITLE 16 GUAM CODE ANNOTATED AND[TO AMEND DIVISION (3) OF SUBITEM (i), ,A.RTICLE 1, CHt' .. FTER 3, TITLE 16 CUAM CODE 1A .. NNOTATED,]TO ADD A NEW SUBITEM (g) OF§ 17101, CHAPTER 17, TITLE 16 GUAM CODE ANNOTATED; AND TO ADD [DIVISIONS] A NEW SUBSECTION (1) AND (2) TO SUBITEM (a) OF § 3111, ARTICLE 1, CHAPTER 3, TITLE 16 GUAM CODE ANNOTATED RELATIVE TO CREATING CLEARLY DEFINED REGULATIONS, PENALTIES AND SERVICES FOR GUAM'S LICENSED DRIVERS WHO ARE MEDICALLY DIAGNOSED WITH

' EPILEPSY," sponsored by Senators Tina Rose Mufia Barnes and Frank B. Aguon, Jr.

This report includes the following: I • Committee Voting Sheet

• Committee Report Digest • Copy of Substitute Bill No. 112 (COR) • Copy of Bill No. 112 (COR) • Public Hearing Sign-in Sheet • Copies of Testimony & Supporting Documents • Copy of COR Referral of Bill No. 112 (COR) • Notices of Public Hearing • Copy of the Public Hearing Agenda • Related News Articles

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 feel free to contact me. Si Yu'os Ma'ase.

Attachments

Office/Mailing Address: 155 Hesler Pl., Hagatfw (ilJ %91()

Telephone No. (671) 472-5(}47/5048 • Fax No. (671) 472-5()22 • Errwil: SeiiABPa/acio.'i(iigmaiLcom

i

COMMITIEE ON PUBUC SAFETY, LAW ENFORCEMENT & SENIOR CITIZENS

SENATOR ADOLPHO B. PALACIOS, SR. CHAIRMAN

I Mina'Trenta na Liheslaturan Guiihan

Bill No. 112-30 (COR), as substituted by the Committee on Public Safety, Law Enforcement, and Senior Citizens - "AN ACT TO AMEND §3101(i) OF CHAPTER 3, TITLE 16 GUAM CODE ANNOTATED AND[TO AMEND DIVISION (3) Of SUBITEM (i), ARTICLE 1, GHAPTER 3, TITLE 16 CUt\ .. M CODE ANNOTATED,]TO ADD A NEW SUBITEM (g) OF§ 17101, CHAPTER 17, TITLE 16 GUAM CODE ANNOTATED; AND TO ADD [DIVISIONS] A NEW SUBSECTION (1) AND (2) TO SUBITEM (a) OF § 3111, ARTICLE 1, CHAPTER 3, TITLE 16 GUAM CODE ANNOTATED RELATIVE TO CREATING CLEARLY DEFINED REGULATIONS, PENALTIES AND SERVICES FOR GUAM'S LICENSED DRIVERS WHO ARE MEDICALLY DIAGNOSED WfTH EPILEPSY."

----.--------. -----, INACTIVE !

FILE l I PASS I

r--Adolpho B. Palacios, Sr. ---·t--=-=c::~+--.-=~~:...;.;;.-=-~----'---------j

;

;

'

Chairman

[___ -----r'---,~-+--+-. Speaker Judith T. Won

~---- ~---+-----+----~---~

Member

Thomas C. Ada Member

t---·---···· ·-Frank B. Aguon, Jr.

Member 1\-__,--..;--.~:..a-+-"r?'

;

i :o!JtJJ ! /

. ! t•tl't ---t-

L-----------~'~~~~~~~~~~~---+--~----+----~----~ Member

l -EdwMd/.B.C~;,;- ~~:~---~---+-71111!,! l Member i I : : ! r J~es V. Espaldon ! a= V ~~------l-----+~-----f----~----~ : Member ! i I ~ [_ I I

Oflice/Mailing Address: 155 Hesler Place, llagatila Guam 96910

Telephone '\o. (671) 472-5047/5048 • Fax '\o. (671) 472-5022 • Email: SenABPalacios'4)gmail.com



I Mina'Trenta na Liheslaturan Gillihan

COMMITTEE REPORT DIGEST

I. OVERVIEW The Committee on Public Safety, Law Enforcement, & Senior Citizens convened a public hearing on July 9, 2009 at 9:00 AM in I Liheslatura's Public Hearing Room. Among the items on the agenda was the consideration of Bill No. 112-30 (COR) -"AN ACT TO AMEND DIVISION (3) OF SUBITEM (i), ARTICLE 1, CHAPTER 3, TITLE 16 GUAM CODE ANNOTATED, TO ADD A NEW SUBITEM (g) OF §17101, CHAPTER 17, TITLE 16 GUAM CODE ANNOTATED; AND TO ADD DIVISIONS (1) AND (2) TO SUBITEM (a) OF §3111, ARTICLE 1, CHAPTER 3, TITLE 16 GUAM CODE ANNOTATED RELATIVE TO CREATING CLEARLY DEFINED REGULATIONS, PENALTIES AND SERVICES FOR GUAM'S LICENSED DRIVERS WHO ARE MEDICALLY DIAGNOSED WITH EPILEPSY," sponsored by Senators Tina Rose Mufia-Bames and Frank B. Aguon, Jr.

Public Notice Requirements Notices were disseminated via fax and e-mail to all senators and all main media broadcasting outlets on July 2, 2009 (5-0ay Notice), and again on July 6, 2009 (48-Hour Notice). Notice of the hearing was also posted on the Guam Legislature's website.

Committee Members and Senators present: Senator Adolpha B. Palacios, Sr., Chairman Senator Tina R. Mufia-Barnes

The public hearing on Bill No. 112-30 (COR) convened at 11:30 AM.

Individual(s) Registered for oral or written testimony: 1. Mr. Zosef Branch, CAPE Volunteer, person with disability, oral testimony, in favor 2. Mr. Artemio Hagan, Director, Dept. of Revenue & Taxation, written testimony, in

favor 3. Dr. Ramel A. Carlos, the Neurology Clinic, written testimony, in favor.

NOTE: Capt. Fred Bordallo, GPO, Sgt. James Buccat, CAPE, Administrator, GPO, and Mr. Frank Blaz, DRT were all present for the hearing on a previous bill, and were asked by Chairman Palacios to remain present for the hearing on Bill No. 112-30 (COR).

Oflicc/Mailing Address: 155 Besler Place. Hagatila Gu:tm 96910

Telephone No. (671) 472-5047 I 5048 • Fax No. (671) 472-5022 • Email: SenABPa1adoS(il)gmail.com

Committee on Public Safety, Law Enforcement & Senior Citizens Committee Report on Bill No. 112-30 (COR) Page -2-

II. SUMMARY OF TESTIMONIES

Chairman Adolpho B. Palacios, Sr. called the Committee on Public Safety, Law Enforcement, and Senior Citizens to order at 11:30am on Bill No. 112-30 (COR), he recognized the author of the bill, Senator Tina Mufia-Barnes, who gave a brief presentation of the bill. Senator Mufia Barnes stated that this bill was initiated by some professions in the medical circles. They suggested some protocols about the nature of those with epilepsy as recommended by some medical personnel and that this Legislature should take into consideration. Chairman Palacios then called those who are present to testify.

Capt. Fred Bordallo, GPD, Sgt. James Buccat, CAPE, Administrator, GPD, and Mr. Frank Blaz, DRT, oral testimony, neither in favor or against the Bill. All three individuals were present for the hearing on a previous bill, and were asked by Chairman Palacios to remain present for the hearing on Bill No. 112-30, however, all three individuals could not testify, because they just received the bill. They all stated that they would like to share this with their respective departments so that they can submit comment at a later date. We have incidents where people with epilepsy are issued licenses. We will have the department submit testimony at a later date.

Mr. Zosef Branch, CAPE Volunteer, oral testimony, in favor. Mr. Branch stated that he is a person with epilepsy and he likes the bill. He stated that he cannot depend on public transportation, because it is not reliable and that this bill would allow him to have more benefits in terms of driving with epilepsy. He feels that he is a capable person to drive and does not want to rely on his family to take him around to pay bills, etc.

Chairman Palacios asked GPD about where the legal counsel is at? The Chairman was explicit in stating whether he is here or at some golf course in the Philippines.

Capt. Bordallo stated that he believes he has an appointment that is in conflict with the public hearing.

Chairman Palacios went on the record stating that Mr. Jim Mitchell is legal counsel and is paid $90,000 a year. It seems that he is not interested in guiding GPD and does not attend public meetings. Chairman Palacios stated that he still has the fifteen page document and it is disappointing that none of the issues mentioned has been cleared. Chairman Palacios further stated that "for the record," Legal Counsel, Attorney Jim

2


Mitchell of GPD is not present for this public hearing. Chairman Palacios then allowed Senators to give comments and/or questions.

Senator Tina Rose Muna Barnes thanked Chairman Palacios for the opportunity to hear Bill 112 and asked the community to submit written testimony at a later date.

Chairman Palacios concluded the hearing and requested that written testimony be submitted within the next ten (10) days. He adjourned the hearing at 11:40am.

III. WRITTEN TESTIMONIES

Mr. Artemio B. Hagan, Director, DRT, written testimony received July 20, 2009 via fax, in favor. Mr. Hagan stated that the Department of Revenue & Taxation agrees with the Bill's goal, but expressed concerns over funding with limited resources, and staff that will be tasked with additional responsibility of maintaining monthly reports of drivers diagnosed with epilepsy. He suggests that the bill include provisions to hold Neurologists and/or Medical Doctors responsible in reporting conditions of epilepsy, and any other medical conditions that inhibits the ability to drive. He suggests that the bill should require the physicians to forward the information either (1) manually by letter; (2) electronically by fax or (3) ideally by accessing a driver's record at Motor Vehicle Division through a website and updating it. He states that he knows one other jurisdiction whereby a physician does the reporting to DMV when a patient suffers a concussion that results in the automatic six months suspension of the injured person's driving privileges until clearances are obtained and submitted. (Please see written testimony attached.)

Dr. Ramel A. Carlos, The Neurology Clinic, written testimony received August 24, 2009 via hand delivery, in favor. Dr. Carlos states that epilepsy affects approximately one percent (1 %) of the population, making it one of the most common neurological diseases. Most patients with epilepsy have no warning signs and seizures occurs without any provocations, putting themselves and others at increased risk of injury, should they develop a seizure while operating a vehicle. He believes that the driving privileges of patients with epilepsy should be regulated to protect themselves and others from such avoidable circumstances. He also states that as a practicing neurologist in Guam for the past 7 years, he has encountered the negative effects of epilepsy in the quality of life of his patients. He could remember cases wherein patients and others have sustained mild to severe bodily injuries when someone with epilepsy had a seizure while driving. Tragic accidents have been reported in the U.S.

3


mainland where regulations are more rigorous, including some provisions that epileptics have to be seizure-free for 12 months before they are allowed back to drive and physicians are obliged to report patients with epilepsy to the Department of Motor Vehicle. He believes that Bill 112 is very appropriate and will create a standard of rights and regulations for licensed drivers afflicted with epilepsy. (Please see written testimony attached.)

IV. FINDINGS AND RECOMMENDATIONS

The Committee on Public Safety, Law Enforcement, & Senior Citizens finds that Bill 112-30 (COR) intends to change the existing language to Division (3) of sub item (i), Article 1, Chapter 3, Title 16 Guam Code Annotated to read: "Who is an imbecile, insane, feeble minded or an idiot." Bill 112-30 (COR) intends to add a new sub item which will require a mandatory evaluation by an appointed panel before any penalties are issued. Evaluation, as stipulated in the bill, will have two decisions- to penalize and suspend or revoke the operator's license based on presented circumstances and based on subitem (a) of §3111, Article 1, Chapter 3, Title 16 Guam Code Annotated or to allow the operator to keep possession of his/her license while being put on a six month probationary period that must be free of any epileptic episodes. Also, Bill 112-30 (COR) may be too restrictive and discriminatory under the American Disabilities Act because it singles out only those who are epileptic.

Based upon the recommendation from Dr. Ramel Carlos, the Committee on Public Safety, Law Enforcement, and Senior Citizens, along with the author of Bill 112-30 (COR), substituted the bill and amended §3101(i)(3) of Chapter 3, Title 16 Guam Code Annotated to indicate: "Except that the applicant who is clinically diagnosed to be epileptic may qualify for an operator's license under the following conditions: (i) that the applicant has met all the other requirements currently established for the issuance of an operator's license; (ii) that the applicant shall submit a certification from a licensed physician with a specialty in treating the condition of epilepsy indicating that such applicant may operate a motor vehicle with safety; such certification may be qualified with restrictions."

The Committee on Public Safety, Law Enforcement, & Senior Citizens hereby reports out Bill No. 112-30 (COR), as substituted by the Committee," AN ACT TO AMEND §310l(i) OF CHAPTER 3, TITLE 16 GUAM CODE ANNOTATED AND[+Q AMBND DIVISION (3) Ol' SUBITBl\4 (i), ARTICLB 1, CHl",.PTBR 3, TITLB 16 CUAl\4 CODB ANNOTATBD,]TO ADD A NEW SUBITEM (g) OF § 17101,

4


CHAPTER 17, TITLE 16 GUAM CODE ANNOTATED; AND TO ADD [DIVISIONS] A NEW SUBSECTION (1) AND (2) TO SUBITEM (a) OF § 3111, ARTICLE 1, CHAPTER 3, TITLE 16 GUAM CODE ANNOTATED RELATIVE TO CREATING CLEARLY DEFINED REGULATIONS, PENALTIES AND SERVICES FOR GUAM'S LICENSED DRIVERS WHO ARE MEDICALLY DIAGNOSED WITH EPILEPSY," with the recommendation TO REPORT OUT ONLY.

5

MINA' TRENT ANA LIHESLATURAN GUAIIAN 2009 (FIRST) Regular Session

Bill No. 112-30 (COR) As Substituted by the Committee on Public Safety, Law Enforcement and Senior Citizens

Introduced by: Tina Rose Muna Barnes Frank B. Aguon, Jr.

AN ACT TO AMEND §3101(i) OF CHAPTER 3, TITLE 16 GUAM CODE ANNOTATED AND[TO AMEND DIVISION (3) OF SUBITEM (i), }.RTICLE 1, CHAPTER 3, TITLE 16 GUAM CODE ANNOTATED,]TO ADD A NEW SUBITEM (g) OF § 17101, CHAPTER 17, TITLE 16 GUAM CODE ANNOTATED; AND TO ADD [DIVISIONS] A NEW SUBSECTION (1) AND (2) TO SUBITEM (a) OF § 3111, ARTICLE 1, CHAPTER 3, TITLE 16 GUAM CODE ANNOTATED RELATIVE TO CREATING CLEARLY DEFINED REGULATIONS, PENALTIES AND SERVICES FOR GUAM'S LICENSED DRIVERS WHO ARE MEDICALLY DIAGNOSED WITH EPILEPSY.

1 BE IT ENACTED BY THE PEOPLE OF GUAM:

2 Section 1. Legislative Findings and Intent. I Liheslaturan Guahan fmds that creating a

3 clear standard of rights and penalties for licensed drivers who are clinically diagnosed to be epileptic

4 will substantially improve upon their quality of life. While the most prudent approach is to keep in

5 mind the safety of all licensed drivers in the community, by no means should persons with medical

6 conditions such as epilepsy be treated unequally or vilified solely because of such conditions.

7 Epileptic persons who are employed, under a probationary period and unable and/or unauthorized to

8 operate a motorized vehicle due to one or more traffic violations run the risk of losing such

9 employment, which may lead to impoverished circumstances due to the lack of economic ways and

10 means. [ Creatiag a new diYision of transportation 6*clusi";ely fur all epileptic citizens] Establishing

11 a provision that would authorize for the licensing of persons who are clinically known to be epileptic

12 will afford them the necessary mobility. It is therefore the intent of I Liheslaturan Guahan to

1

1 establish conditions for the licensing of persons who are clinically diagnosed to be epileptic by

2 amending Section 3101(i), and by adding a new Sub-item (g) of section 1701 Chapter 17 of 16

3 GCA.

4 Section 2. §3101(i) of Chapter 3, Title 16 Guam Code Annotated is amended to read:

5 §3101. License Requirement.

6 (i) An applicant is not entitled to an operator's or chauffeur's license or instruction

7 permit:

8 (1) Who is not of legal age to receive such license or permit. An applicant for

9 a new operator's license or instruction permit must (i) have a valid Certificate of Completion

10 of a drivers education course and (ii) be at least eighteen (18) years of age, whether applying

11 for a new license or for renewal of an existing license, or if under eighteen (18) must be at

12 least sixteen ( 16) years of age and have the consent in writing of his parents or guardians to

13 drive a motor vehicle. An applicant for a chauffeur's license must be at least eighteen (18)

14 years of age and if the application is for a new license and not a renewal, must have a valid

15 Certificate of Completion.

16 (2) Who is a habitual drunkard or addicted to the use of narcotic drugs or a

17 habitual user of any other drug rendering such person incapable of safely operating a motor

18 vehicle.

19 (3) Who is insane or feeble minded or an idiot, imbecile or epileptic. Except

20 that the applicant who is clinically diagnosed to be epileptic may qualify for an operator's

21 license under the following conditions: (i) that the applicant has met all the other

22 requirements currently established for the issuance of an operator's license; (ii) that the

23 applicant shall submit a certification from a licensed physician with a specialty in treating the

24 condition of epilepsy indicating that such applicant may operate a motor vehicle with safety;

25 such certification may be qualified with restrictions.

26 ( 4) Who is unable as shown by examination to understand traffic signs or

27 signals or who does not have a reasonable knowledge of the provisions of this Title

28 governing the operation of vehicles upon the highways.

29 ( 5) When it appears by examination or other evidence that such person is

2

1 unable to safely operate a motor vehicle upon a highway because of physical or mental defect

2 or except in the case of an applicant for an instruction permit, lack of skill. Any physical or

3 mental defect of the applicant which in the opinion of the Director of Revenue and Taxation

4 does not affect the applicant's ability to exercise reasonable and ordinary control in operating

5 a motor vehicle upon the highway shall not prevent the issuance of a license or permit to the

6 application.

7 ( 6) Who has been certified by the Department of Law as being in non compliance

8 with a court order of support, unless a confirmation of compliance from the Department of

9 Law or the Superior Court of Guam is received by the Director of Revenue and Taxation.

10 11 Section 3. A new sub-item (g) is added to § 17101 of Chapter 17, Title 16 Guam Code

12 Annotated to read:

13 "(g) Liability of private owners pertaining to sub-items (a) through (f) with regards to

14 licensed drivers diagnosed as epileptic will be subject to a mandatory evaluation by an

15 appointed panel before any penalties are issued. The evaluation panel will have two

16 decisions: 1) To penalize and suspend or revoke the operator's license based on presented

17 circumstances and based on sub-item (a) of§ 3111, Article 1, Chapter 3, Title 16 Guam Code

18 Annotated or 2) To allow the operator to keep possession of his/her license while being put

19 on a six month probationary period that must be free of any epileptic episode. It is to be

20 understood that all following language regarding any 'operator' or 'operators' is exclusive of

21 all licensed drivers except those diagnosed as epileptic.

22 1) During the six month probationary period, the operator must submit

23 a monthly report to the Guam Department of Motor Vehicles. Such reports must be compiled

24 and cleared after evaluation from a medical professional (e.g. any certified Neurologist and/or

25 Medical Doctor). While the operator will be allowed to keep physical possession of the

26 license, the license and the authorization to operate a motorized vehicle will effectively be

27 put on hold until further notice by the evaluation panel.

28 2) Due to the availability, or lack thereof, of the aforementioned evaluation

3

1 panel, meetings to discuss any penalties or probationary periods will occur on bi-annual

2 basis. The evaluation panel will be summoned for duty on January 1st and July 1st of each

3 year.

4 3) Since the evaluation panel is expected to meet only on a bi-annual basis,

5 suspended operators diagnosed as epileptic will need to rely either on the current public

6 transportation system or by some other means of travel.

7 4) The six month probationary period, and the evaluation panel; however, is

8 not intended to be the sole authorities in deciding whether or not the suspended operator

9 remains as such for the entire six months. If, in fact, the suspended operator, who is in his/her

10 first probationary period, can submit three consecutive reports through the evaluation and

11 written clearance of a professional Medical Doctor, which clarifies the absence of any

12 epileptic episode, then the evaluation panel will be instructed to grant early reinstatement of

13 the license.

14 5) Any suspended operators who experience either two epileptic episodes

15 within a 30-day period or more than five episodes within the initial six month probationary

16 period, will be evaluated vigorously by the panel and may be subjected to a total probationary

17 period lasting up to a maximum of 18 months. Unlike the early reinstatement deliberation

18 and voting process, the panel will be instructed to treat each case individually and to refrain

19 from bias or stereotyping. However, the panel will also be instructed to deliberate more

20 vigorously.

21 6) Regardless of the operator's ability to be reinstated, any (1) epileptic

22 episode that occurs during the operation of a motor vehicle will result in the automatic

23 suspension of the operator's drivers license and reinstitution of the probationary period.

24 7) After the first probationary period, each subsequent suspension and

25 probationary period will increase by six months, up to the maximum of 18 months. Any

26 suspended operator, who has reached the probationary ceiling of 18 months, will be

27 mandated to submit (12) consecutive medically sanctioned reports that prove no epileptic

28 activity before discussion and voting by the evaluation panel for reinstatement can occur."

29

4

1 Section 4. A new [diYision] Subsection (1) and ill is added to Sub-item (a) of§ 3111, Article

2 1, Chapter 3, Title 16 Guam Code Annotated to read:

3 § 3111. Same: Suspension and Revocation.

4 (a) Whenever any person is convicted of a violation of any provision of this Title

5 relating to the speed of vehicles or of reckless driving, the court may, unless this Title makes

6 mandatory a revocation of such license by the Director of Revenue and Taxation, suspend the

7 license of such person for a period of not to exceed thirty (30) days upon first conviction, for

8 a period of not to exceed sixty (60) days upon a second conviction, for a period of not to

9 exceed six ( 6) months upon a third or any subsequent conviction.

10 "(1) All licensed motor vehicle operators who have been clinically diagnosed

11 with epilepsy must be allowed the same mandatory evaluation as stated in sub-item (g) of §

12 17101, Chapter 17, Title 16 Guam Code Annotated before the decision to suspend or revoke

13 the operator's license is made final.

14 2) If any operator who is diagnosed as epileptic, purposely omits his/her

15 medical condition when filling out any and all documentation that clearly states to identifY

16 such conditions, such as in the case noted in Division (8) of sub-item (f), § 3101, Article 1,

17 Chapter 3, Title 16 Guam Code Annotated, then that operator will be subjected to the same

18 punishment as any other licensed driver, without exception and regardless of medical

19 condition."

20 21 Section 5. Funding Source. Any discussions regarding the funding source and creation of the

22 aforementioned transit system will be conducted between the Director of the Department of Public

23 Health and Social Services and the Advisory Council on Community Health and Social Services. An

24 efficient source of funding can be found in both§ 3705 of Article 7 and§ 3813 of Article 8, Chapter

25 3, Title 1 0 Guam Code Annotated.

26 Section 6. Severability. If any provision of this Act or the application thereof to any person or

27 circumstance is held invalid, such invalidity shall not affect other provisions or applications of the

28 Act which can be given effect without the invalid provision or application, and to that end the

29 provisions of this Act are declared to be severable."

5

MINA' TRENT ANA LIHESLATURAN GUAHAN 2009 (FIRST) Regular Session

Bill No. II.?\ (cc~

Introduced by:

AN ACI' TO AMEND DIVISION (3) OF SUBITEM (i), ARTICLE 1, CHAYfER 3, TITLE 16 GUAM CODE ANNOTATED, TO ADD A NEW SUBITEM (g) OF § 17101, CHAFfER 17, TITLE 16 GUAM CODE ANNOTATED; AND TO ADD DIVISIONS (1) AND (2) TO SUBITEM (a) OF§ 3111, ARTICLE 1, CHAYfER 3, TITLE 16 GUAM CODE ANNOTATED RELATIVE TO CREATING CLEARLY DEFINED REGULATIONS, PENALTIES AND SERVICES FOR GUAM'S LICENSED DRIVERS WHO ARE MEDICALLY DIAGNOSED WITH EPILEPSY.

1 BE IT ENACTED BY THE PEOPLE OF GUAM:

_,

2 Section 1. Legislative Findings and Intent. I Liheslaturan Gudhan finds

3 that creating a clear standard of rights and penalties for licensed drivers who

4 are clinically diagnosed to be epileptic will substantially improve upon their

5 quality of life. While the most prudent approach is to keep in mind the safety

6 of all licensed drivers in the community, by no means should persons with

7 medical conditions such as epilepsy be treated unequally or vilified solely

1

1 because of such conditions. Epileptic persons who are employed, under a

2 probationary period and unable and/ or unauthorized to operate a motorized

3 vehicle due to one or more traffic violations run the risk of losing such

4 employment, which may lead to impoverished circumstances due to the lack

5 of economic ways and means. Creating a new division of transportation

6 exclusively for all epileptic citizens will afford them the necessary mobility.

7

8 Section 2 Division (3) of subitem (i), Article 1, Chapter 3, Title 16

9 Guam Code Annotated is amended to read:

10 /il.A/ho is insane or feeble minded oF an idiot, imbecile OF epileptic.

11 Who is an imbecile, insane, feeble minded or an idiot."

12

13 Section 3. A new subitem (g) is added to§ 17101 of Chapter 17, Title

14 16 Guam Code Annotated to read:

15 li (g) Liability of private owners pertaining to subitems (a) through

16 (f) with regards to licensed drivers diagnosed as epileptic will be subject to a

17 mandatory evaluation by an appointed panel before any penalties are issued.

18 The evaluation panel will have two decisions: 1) To penalize and suspend or

19 revoke the operator's license based on presented circumstances and based on

20 subitem (a) of§ 3111, Article 1, Chapter 3, Title 16 Guam Code Annotated or

21 2) To allow the operator to keep possession of his/her license while being put

22 on a six month probationary period that must be free of any epileptic episode.

23 It is to be understood that all following language regarding any 'operator' or

24 'operators' is exclusive of all licensed drivers except those diagnosed as

25 epileptic.

2

1 1) During the six month probationary period, the operator

2 must submit a monthly report to the Guam Department of Motor Vehicles.

3 Such reports must be compiled and cleared after evaluation from a medical

4 professional (e.g. any certified Neurologist and/or Medical Doctor). While the

5 operator will be allowed to keep physical possession of the license, the license

6 and the authorization to operate a motorized vehicle will effectively be put on

7 hold until further notice by the evaluation paneL

8 2) Due to the availability, or lack thereof, of the

9 aforementioned evaluation panel, meetings to discuss any penalties or

10 probationary periods will occur on bi-annual basis. The evaluation panel will

11 be summoned for duty on January 1st and July 1st of each year.

12 3) Since the evaluation panel is expected to meet only on a

13 bi-annual basis, suspended operators diagnosed as epileptic will need to rely

14 either on the current public transportation system or by some other means of

15 traveL

16 4) The six month probationary period, and the evaluation

17 panel; however, is not intended to be the sole authorities in deciding whether

18 or not the suspended operator remains as such for the entire six months. If, in

19 fact, the suspended operator, who is in his/her first probationary period, can

20 submit three consecutive reports through the evaluation and written

21 clearance of a professional Medical Doctor, which clarifies the absence of any

22 epileptic episode, then the evaluation panel will be instructed grant early

23 reinstatement.

3

1 5) Any suspended operators who experience either two

2 epileptic episodes within a 30-day period or more than five episodes within

3 the initial six month probationary period, will be evaluated vigorously by the

4 panel and may be subjected to a total probationary period lasting up to a

5 maximum of 18 months. Unlike the early reinstatement deliberation and

6 voting process, the panel will be instructed to treat each case individually and

7 to refrain from bias or stereotyping. However, the panel will also be

8 instructed to deliberate more vigorously.

9 6) Regardless of the operator's ability to be reinstated, any

10 (1) epileptic episode that occurs during the operation of a motor vehicle will

11 result in the automatic suspension of the operator's drivers license and

12 reinstitution of the probationary period.

13 7) After the first probationary period, each subsequent

14 suspension and probationary period will increase by six months, up to the

15 maximum of 18 months. Any suspended operator, who has reached the

16 probationary ceiling of 18 months, will be mandated to submit (12)

17 consecutive medically sanctioned reports that prove no epileptic activity

18 before discussion and voting by the evaluation panel for reinstatement can

19 occur."

20

21 Section 4. A new division (1) is added to subitem (a) of§ 3111, Article

22 1, Chapter 3, Title 16 Guam Code Annotated to read:

23 ii(1) All licensed motor vehicle operators who have been

24 clinically diagnosed with epilepsy must be allowed the same mandatory

25 evaluation as stated in subitem (g) of§ 17101, Chapter 17, Title 16 Guam Code

4

1 Annotated before the decision to suspend or revoke the operator's license is

2 made final.

3 2) If any operator who is diagnosed as epileptic, purposely

4 omits his/her medical condition when filling out any and all documentation

5 that clearly states to identify such conditions, such as in the case noted in

6 Division (8) of subitem (f), § 3101, Article 1, Chapter 3, Title 16 Guam Code

7 Annotated, then that operator will be subjected to the same punishment as

8 any other licensed driver, without exception and regardless of medical

9 condition."

10

11 Section 5. Funding Source. Any discussions regarding the funding

12 source and creation of the aforementioned transit system will be conducted

13 between the Director of the Deparbnent of Public Health and Social Services

14 and the Advisory Council on Community Health and Social Services. An

15 efficient source of funding can be found in both § 3705 of Article 7 and § 3813

16 of Article 8, Chapter 3, Title 10 Guam Code Annotated.

17

18 Section 6. Severability. If any provision of this Act or the application

19 thereof to any person or circumstance is held invalid, such invalidity shall not

20 affect other provisions or applications of the Act which can be given effect

21 without the invalid provision or application, and to that end the provisions of

22 this Act are declared to be severable."

5

COMMIITEE ON PUBLIC SAFETY, LAW ENFORCEMENT & SENIOR CITIZENS

1 Mina'Trenta na Liheslaturan Guahan


THURSDAY. IUL Y 9, 2009

Bill No. 112 (COR) - An act to amend Division (3) of Subitem (i), Article 1, Chapter 3, Title 16 Guam Code Annotated, to add a new Subitem (g) of §17101, Chapter 17, Title 16 Guam Code Annotated; and to add Divisions (1) and (2) to Subitem (a) of §3111, Article :l, Chapter 3, Title 16 Guam Code Annotated relative to creating clearly defined regulations, penalties and services for Guam's licensed drivers who are medically diagnosed with epilepsy.- by Senator Tina Rose Muna-Bames

NAME (Please Print)

"0 <> Cr- ~{),tpvvt1

Bill No. 112 (COR) Page I of_l _

AGENCY/ SUPPORT? ORGANIZATION ./

(If any)

S'e_ r+ ,./'/, /

l

OPPOSE? WRITTEN ORAL CONTRACT EMAIL ./ TESTIMONY./ TESTIMONY./ NUMBER ADDRESS

_ ,_............, ...... ... ---

Dipattamenton Kontribusion yan Adu'ana

DEPARTMENT OF

FEUX P. CAMACHO, Governor Maga'lihi MICHAEL W. CRUZ, MD, Lt. Governor Tillente Gubatnadora

REVENUE AND TAXATION ARTEMIO B. !LAGAN, Director

Dlraktot PAUL J. PABLO, A<:ting Deputy Diractor

Segundo Diraktot

GOVERNMENT OF GUAM

July 20, 2009

The Honorable Senator Adolpho B. Palacios Sr. Chairman

Gubetnamenton Guahan

Committee on Public Safety, Law Enforcement, an Suite I 04 15 5 Hesler St. Hagatna, Guam 96910

RECEIVED 7 /~0,10 :1 e 1· •u J.-:}~

/1~

Re: Bill No. 112(COR) entitled "An Act to amend Division (3) of subitem (i), Article 1, Chapter 3, Title 16 Guam Code Annotated, to add a new sub item (g) of section 171 01 , Chapter 17, Title 16, Guam Code Annotated; and to add Divisions (I) and (2) to subitem (a) of section 3111, Article 1, Chapter 3, Title 16, Guam Code Annotated relative to creating clearly defined regulations, penalties and services for Guam's licensed drivers who are medically diagnosed with epilepsy.

Dear Senator Palacios,

Those suffering from epilepsy can appreciate your committee 's intention in the formulation of this bill. The Department of Revenue and Taxation's (DRT) Motor Vehicles Division (MVD) agrees with the Bill 112's goal. But like all the other divisions of DRT, MVD struggles with effectively accomplishing its mission with its currently reduced staff and limited resources and if this becomes law, will be tasked with the additional responsibility of maintaining monthly reports of drivers diagnosed with epilepsy.

The MVD staff presently receive and process reports from the Guam Police Department, Traffic Court of the Guam Superior Court, Guam Department of Public Health, DMV's from United States jurisdictions and numerous foreign DMV agencies as well as correspondence from our private from all over the world. Having said this, DRT does not have any information as to the number of drivers who will be affected by this bill but will (as it has done so many times with past laws) manage its best to comply with the requirements if it passes into law.

If not already done for this bill, I would ask lawmakers to pursue the creation of these types of laws by starting from its source, which are the Neurologists and/or Medical Doctors as described in the proposed bill. In other words, hold doctors responsible for reporting conditions of epilepsy or any other that impairs the driving ability of a patient. Do not leave the responsibility solely on the driver but require the physicians to forward the information either 1) manually by letter or 2) electronically by fax or, 3) ideally by accessing a driver's record at MVD through a website and updating it (This latter option brings up funding issues). Drivers experiencing conditions like these are reluctant to provide this information to our office, but if the safety of our citizens as well as these types of drivers is of your concern, then have physicians do the reporting as well. I share this only because I am aware of one state in particular that requires doctors to report even incidents of drivers receiving concussions that result in the automatic six month suspension of the injured person 's driving privileges until clearances are obtained and submitted.

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

Dipcittamenton Kontribusion yan Adu'ana

DEPARTMENT OF FEUX P. CAMACHO, Governor Maga'lihi

MICHAEL W. CRUZ, MD, Lt Governor nnente Gubetn•dora

REVENUE AND TAXATION ARTEMIO B. !LAGAN, Director

Dlrektot PAUL J. PABLO, Acting Deputy Director

Segundo Dlrektot

GOVERNMENT OF GUAM Gubetnamenton Guahan

The result of Bill 112(COR) is that the driving privileges of a person with epilepsy will be dictated by an evaluation panel. Essentially, the evaluation panel ' s reporting should be standardized and a sample document should be provided to MVD prior to the implementation of this law. This means information about the driver and all other details the panel deems necessary to release to MVD be contained in the reports and is clear, concise and easily verified to reduce any potential for fraud.

Thank you again for this opportunity to provide input on Bill No. 1 12(COR)

Sincerely,

~~ 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

HE NEUROLOGY CLINI DR. RAMEL A CARLOS

Board Certified Neurology '

. Dr. Carlos' Testimony for Bill no. 112

: Epilepsy affects approximately 1% of the pdpulation making it o e of the most common neurological diseases. Most patients with epilepsy have no

. warning signs and seizure occurs without any provocations putting • themselves and others at increased risk of injury, should they velop a ! seizure while operatitlg a vehicle. I believe ·that the driving pri ·leges of : patients with epilepsy should be regulated in order to protect thems lves and : others from such avoidable circumstance. '

As a practicing neurologist in Guam for the past 7 years, I have en olllltered • the negative effects· of epilepsy in the quality ' of life of my patien . I could : remember cases wherein patients and others have sustained mild ; bodily injuries when someone with epilepsy had a seizure whil ; Tragic accidents have been reported in the US mainland where re ations j are more rigorous, including some provisions that epileptics ha e to be ; seizure free for 12 months before they are allowed back to · ve and , physicians are obliged to report patients with epilepsy to Dep ent of ' Motor Vehicle. ' .

' I believe that Bill number 112 is very appropriate and will create a standard : of rights and regulations for licensed drivers afflicted with epilepsy.

241 Farenhalt Aven~~~: • Suit!: 102. Oka Burtding • Tamuning, Guam 96913 • Tel. Nos. (67() 646-6463/643-5463 • Fax Ho. 671)64S-4323

COMMITTEE ON RULES I Mina'Trenta na Liheslaturan Guahan • 30th Guam Legislature 155 Hesler Place, Hagatfia, Guam 96910 • tel: (671)472-7679 • fax: (671)472-3547 • [email protected]

SENATOR RORYJ.

RESPICIO CHAIRPERSON

SENATOR

Judith P. Guthertz VICE

CHAIRPERSON

MAJORITY MEMBERS:

Judith T. Won Pat SPEAKER

Benjamin]. E Cruz VICE SPEAKER

Tina Rose Mufia Barnes LEGISLATIVE SECRETARY

Thomas C. Ada SENATOR

Frank B. Aguon, Jr. SENATOR

Adolpho B. Palacios, Sr. SENATOR

Vicente C. Pangelinan SENATOR

Matthew Rector SENATOR

MINORITY MEMBERS:

FrankE Bias, Jr. SENATOR

James V. Espaldon SENATOR

May 8, 2009

Memorandum

To:

From:

Subject:

Clerk of the Legislature IMina 'Trenta Na Liheslaturan Guahan

--.. ........,

.Y ~

Attorney Therese M. Terlaje, Legislative Legal Counsel IMina 'Trenta Na Liheslaturan Guahan

Senator Rory J. Respicio ~ Chairperson, Committe~n Rules IMina 'Trenta Na Liheslaturan Guahan

Referral of Bill Nos. llO(COR), lll(COR), 112(COR) and 113(COR)

As Chairperson of the Committee on Rules, I am forwarding my referral of Bill Nos. llO(COR), lll(COR), 112(COR) and 113(COR).

Please ensure that the subject Bills are referred, in my name, to the respective Chairpersons, as shown on the attachment. I am also requesting that the same be forwarded to all Senators of IMina 'Trenta Na Liheslaturan Guahan.

Should you have any questions, please contact Elaine Tajalle or Stephanie Mendiola from my office.

Si Yu 'as Ma 'CJSe.

Attachment

Bill Sponsor

110(COR) Matt Rector

111(COR) Matt Rector

112(COR) T. R. Mufia Barnes, F. B. Aguon, Jr.

113(COR) T. R. Muiia Barnes, F. B. Aguon Jr., R. J. Respicio

Bill/Resolution Introduction/Referral

Description

An act to change the name of the Guam Public School System (GPSS), to the Department of Education (doe) by amending §3101 of 17 GCA Chapter 3 and other relevant laws as necessary for consistency with the change of this agency's name.

An act to establish a living wage that will support a family for Guam's workers that are employed by companies receiving job creation subsidies from the people of Guam, doing business with the people of Guam or leasing or renting property from the people, to be known as "The Living Wage For Guam's Families Act". An act to amend Division (3) of Subitem (i), Article 1, Chapter 3, Title 16 Guam Code Annotated, to add a new Subitem (g) of § 17101, Chapter 17, Title 16 Guam Code Annotated; and to add Divisions (1) and (2) to Subitem (a) of § 3111, Article 1, Chapter 3, Title 16 Guam Code Annotated relative to creating clearly defined regulations, penalties and services for Guam's licensed drivers who are medically diagnosed with e_Qilep~. An act to authorize I Maga 'lahi, the Governor of Guam to invest government of Guam resources outside the territory for the sole purpose of establishing a lodging facility for the use of residents of Guam, to be called "Sagan I Consolacion Taotao Guahan" and to add Subsection (g) and (e) to §4103 of 12 GCA Chapter 4

Date Introduced

5!07!09

5!07!09

5/07/09

5!07!09

Date Referred 5!08/09

5/08/09

5!08/09

5!08/09

Committee Referred

Committee on Education

Committee on Labor, the Public Structure, Public Libraries and

Technology

Committee on Public Safety, Law

Enforcement, and Senior Citizens

Committee on Municipal Affairs,

Aviation, Housing, and Recreation

COMMIITEE ON PUBLIC SAFETY, LAW ENFORCEMENT & SENIOR CITIZENS

SENATOR ADOLPHO B. PALACIOS. SR. CHAIRMAN

I Mina'Trenta na Liheslaturan Guiihan

July 2, 2009 (Pursuant to §8107, Title 5 GCA- 5 days prior to hearing date)

PUBLIC HEARING NOTICE

The Committee on Public Safety, Law Enforcement, and Senior Citizens has scheduled a public hearing starting at 9:00 a.m., Thursday, July 9, 2009, at I Liheslaturan Guahan's Public Hearing Room in Hagatfi.a, on the following:

• Bill No. 102 (COR)- An act to add a new §849.4 to Article 1 of Chapter 8 of Title 1 Guam Code Annotated relative to naming the Guam Police Department Crime Lab located at the Guam Community College Campus in Mangilao the "Director Gregorio Guevara Perez Building." - by Senator Ray Tenorio

• Bill No. 148 (COR)- An act to amend §3401(d) of Chapter 3, Article 4, Title 16, Guam Code Annotated, relative to display of license plate or removable windshield placard to qualified persons with disability as such is define in §7120.1, Chapter 7, Title 16, Guam Code Annotated, to provide for dismissal of a citation issued to vehicles for failure to properly display the special license plate or the removal windshield placard." - by Senator Adolpho B. Palacios, Sr.

• Bill No. 112 (COR)- An act to amend Division (3) of Subitem (i), Article 1, Chapter 3, Title 16 Guam Code Annotated, to add a new Subitem (g) of §17101, Chapter 17, Title 16 Guam Code Annotated; and to add Divisions (1) and (2) to Subitem (a) of §3111, Article 1, Chapter 3, Title 16 Guam Code Annotated relative to creating clearly defined regulations, penalties and services for Guam's licensed drivers who are medically diagnosed with epilepsy. -by Senator Tina Rose Muna-Barnes

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 Bills may be obtained at I Liheslaturan Guiihan's website at www.guamlegislature.com. Individuals requiring special accommodations or services, please contact Jonathan Diaz or Priscilla Cruz at 472-5047/5048.

Otlire/Mailing Address: 155 llcsler Place, Hagatfia Guam 96910

Telephone :'lin. ({>71) 472-5047/5048 • Fax '\o. (671) 472-5022 • Email: SeoABPalacios;iicgmail.com

Adolpho Palacios <[email protected]>

Public Hearing (1st) Notice- July 9, 2009 1 message

Adolpho Palacios <[email protected]> Wed, Jul 1, 2009 at 5:21 PM To: [email protected], [email protected], "Senator Frank B. Aguon" <[email protected]>, Secretary Tina Rose Muna-Bames <[email protected]>, "Senator Frank F. Bias, Jr." <[email protected]>, "Senator Edward J. B. Calvo" <[email protected]>, 'Vice Speaker Benjamin J. F. Cruz" <[email protected]>, [email protected], [email protected], [email protected], "Senator Ben C. Pangelinan" <[email protected]>, Senator Matt Rector <[email protected]>, "Majority Leader Rory J. Respicio" <[email protected]>, [email protected], Senator Ray Tenorio <[email protected]>


PUBUC HEARING NOTICE

The Committee on Public Safety, Law Enforcement, and Senior Citizens has scheduled a public hearing starting at 9:00a.m., Thursday, July 9, 2009, at I Liheslaturan Guahan's Public Hearing Room in Hagfrtfia, on the following:

• Bill No. 102 (COR) - An act to add a new §849.4 to Article 1 of Chapter 8 of Title 1 Guam Code Annotated relative to naming the Guam Police Department

Crime Lab located at the Guam Community College Campus in Mangilao the "Director Gregorio Guevara Perez Building." -by Senator Ray Tenorio

• Bill No. 148 (COR)- An act to amend §3401(d) of Chapter 3, Article 4, Title 16, Guam Code Annotated, relative to display of license plate or removable windshield placard to qualified persons with disability as such is define in §7120.1, Chapter 7, Title 16, Guam Code Annotated, to provide for dismissal of a citation issued to vehicles for failure to properly display the special license plate or the removal windshield placard." - by Senator Adolpho B. Palacios,

Sr ..

• Bill No. 112 (COR) - An act to amend Division (3) of Subitem (i), Article 1, Chapter 3, Title 16 Guam Code Annotated, to add a new Subitem (g) of §17101, Chapter 17, Title 16 Guam Code Annotated; and to add Divisions (1) and (2) to Subitem (a) of §3111, Article 1, Chapter 3, Title 16 Guam Code Annotated relative to creating clearly defined regulations, penalties and services for Guam's licensed drivers who are medically diagnosed with epilepsy. - by

Senator Tina Rose Muna-Bames

http://mail.google.com/maill?ui=2&ik=593118a0a6&view=pt&search=sent&th= 1223530fa... 7/1/2009

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 SenABPalacios@gmail~Oll"!· Copies of the aforementioned Bills may be obtained at I Liheslaturan Gutman's website at }\<\'.lW"_f;;!l<!_DJ]e_gislatur_e,com. Individuals requiring special accommodations or services, please contact Jonathan Diaz or Priscilla Cruz at 472-5047/5048.

http:/ /maiLgoogle.com/maiV?ui=2&ik=593118aOa6&view=pt&search=sent&th= 1223530fa... 711/2009

DATE:

TO:

FROM:

SUBJECT:

PAGES:

COMMTITEE ON PUBUC SAFETY, LAW ENFORCEMENT & SENIOR CITIZENS

SENATOR ADOLPHO B. PALACIOS, SR. CHAIRNiAN

1 Mma"l'renta na Liheslaturan Gua'han

FACSIMILE TRANSMITTAL SHEET

July 2, 2009

Speaker J. Won Pat 472-3589 Vice Speaker B. J. Cruz 477-2522 Senator T. Muna-Barnes 472-3400 Senator R. J. Respicio 472-3547 Senator J.P. Guthertz 472-3547 Senator T. C. Ada 473-3303 Senator Matt Rector 734-8085 Senator v. c. pangelinan 473-4238 Senator F. B. Aguon, Jr. 969-1497 Senator E. J. B. Calvo 475-8805 Senator Ray Tenorio 479-1329 Senator J. V. Espaldon 475-2000 Senator T. T aitague 969-8357 Senator F. Bias, Jr. 472-2528

Office of Senator Adolpho B. Palacios, Sr.

PUBLIC HEARING FIRST NOTICE- July 9, 2009

2 (including this sheet)

0 URGENT 0 FOR REVIEW 0 PLEASE COMMENT 0 PLEASE REPLY 0 PLEASE RECYCLE

PLEASE SEE ATTACHED NOTICE.

THANK YOU.

Officel'\lailing Address: 155 Hesler Place .. Hagatfia Guam %910

Telerhone :\o. (671) 472-50-f:"/5048 • Fax "io. (671) .<::1-5022 • Ema:!: SenABPalaciosq'gm:oti!.com

MULTI COHMUNICATION REPORT

SUCCESSFUL

4772522 4723400 4723547 4723547 4733303 7348085 4734238 9691497 4758805 4791329 4752000 4722528

2- 'JliSUCC2SSFUL

4723589 9698357

F?J<: NUMBER

FAX NUl1BER

3. IvlUi,TI CO.!fi.J-fuNICATION JOURNAL

iJ().

;::: -,., 4772522 47L340C --+723547

.;7.23547 ~733303

~734238

969i497 47:!8805

:_ ~~ -1791329 ' . .:r.:,. 4 75200C

:-~ .' 4723589

~34bG85

S698357

NAME/NUMBER START TTI1E

07-02 08: 31JI..J.'1 07-02 08!32.A..M 07-02 08:33AM 07-02 08:34Al1 07-02 08: 35P...J.11.1 07-02 08: 37Al1 07-02 08:33Al1 07-02 08:38Al1 07-02 08: 40P.l1 07-02 08:40Al1 07-02 08:43Al1 07-02 08:43P~~ 07-02 08:45.?1~ 07-02 08:4681>1

iTJ- Q'l 2""(' (\ ~. l' '7 ~. f TR'" I L- - i Iii .u 1Jx' L.. A'"' · U w 1 ' 1.. "".; · v• , 1 ,U'l .~

FAX NUl-illER

N.i'..ME

PAGES

Till£ l10DE

00'18" ECL1 BC

00'48" G3 BC 00' 18" ~rv ..._, • ._.d.J. 3C

00'20" Ecr--; EC

00'20" ECl'-~ BC 00' 32!~ ECl'~ BC

00'22'! ECH BC

00' 22" ECl~ BC

00' 20" ECl:1 BC

00'20" ECH EC

00'18" ECl-1 BC

00'00" G3 BC 00'18" Ecg BC

00'00" G3 BC

PAGE

---·----OC2/002 002/00:2 002, OC2,/~JC2

002/GO~ ·JC:::

002/C,CJ:2 002/C);J:_

00';,/CX./L

'....JU~

80:2/CC:. ooojcc;:.

P.ESGL.-~S

;~) .. :·:. U.F 'J.2 c~ .. Y

o. 0 .. ~: -(}.-

()., ,.

o. :· C\ !~

U~::-

'- j(:_: :-....,.· . ......; • c..:__-.

--·~ ... ~

'iO 2~f<.:' .. ..

MESSAGE CONFIRMATION JUL-02-2009 08:53 &~ THU

;,;AHE/ NUlvlJ3ER

PAGE

START TIME Ei..APSED TIME l10LJE

RESULTS

4723589 1

FA..X NUMBER NAl1E

JUL-02-2009 08:53AM THU 00' 12" STD ECM

[ O.K

COMMITIEE ON PUBLIC SAFETY, LAW ENfORCEMENT & SEJ'HOR CITIZENS


ll'Jina 'Trent a na Llhes!aturun Guahan

July2, 2009 (Pursuant to §8107, Title 5 CCA- S days prior to hearing J.':lk}


The Com.--;uttee on Public Safety, Law Enforcement, and Senior Citizem; h"s ,;chdu!ed a public hearing starth<g at 9:00 a.m., Thursday, July 9, 2'J09, at I Lilu:slaturan Guahan's Public HIO'aring Room i...'l Hagama, on the followi<<g:

11 Bill No. 102 (COR)- An act to add a new §849.4 to Article 1 of Chapter 8 .__,f

Tirle 1 Guam Code Armotated relative to naming rhe Guam Police D~partment Crirrte Lab located at the Guam Commmuty College Campus irt Milngilao t,.'ae "Director Gregorio Guevara Perez Building:' - by Senator

~yTenorio

• BjJJ No. 148 (COR)- An act to amend §3401(d) of Chapter 3, Artide 4, Title: 16, Guam Cod.c Annotated, relative to display of lio::nse plate or removabl<: wjndshield placard to qualified persons with disability as such is define: in §7120.1, Chapter/, Title 16, Guam Code Ani1olated, to provid<.: fur dismissal of. a citation issued to vcludes for failure to properly ctisplay the spedal lic;ense plate or the removal windshield piacard." ·- by Senato:r Adolpho B.

Palacios, Sr ..

• Bill No. 112 (COR)- An act to amend Division (3) or Subitem (i), Article I,

Chapter 3, Title: 16 Guam Co<ie Armotated, to add a new Subitem (gl of §17101, Chapter 17, Title 16 Guam Code Annotated; and to add Divisions (1) and (2) to Subitem (a) of §3111, Article t Chapter 3, Title 16 Guam Cocle Amtotated reiative to creating dearly deiined reg-u.laticns, penJ.l:ies a.ad schrices for Guam's licensed drivers who 2.re medically diagnosed with epilepsy.- by Senator Tina Rose Muna-Barnes

The C0mntittee r(:que-.sts that, if written testlrn<::m1es are to be prb~nted at the hearing, •-.:<..>pies bt submitted on~ day prior to the public hearing date, to the Office of &,nacor Adolpho 5. Palacios, Sr ... or via fc:ox to 472-5022~ or via 1121nail to Se:[email protected]. Copies of t:h€ afore...rr:.ennoned B1:ls may~ obtamt!d at l Liheslaturuu Cudhan's website at www.guamlcgislaturc.con;. In~..iivi ... -!.u.a1s r~un ,;·tg ~~:..t~ acconuno~tions or scnn..::e::._, pl!::!~e ..-::on::at.."'t Jonathan Di.az or P:rscill2. C...ruz at ..{72-~o4-::/S\)4,:J,_

U01n•/,\l:tlttn~ Atidn-><.": 1='-!' Hc~!n· f'lutc. H~~ntfu:J (.t.t:>m 'f~•'Jlt)

T <:iepfivu.:- T\.C•. ((.7! r 472-:c-..1.147/W~ • !-.:n: 1\Q-. ili-'7: l -'72-$1):;2 - Jo;m~il: ~n.:iBfillr(tk.!J...i{.:;:,m:li; . ..:um

MESSAGE CONFIRMATION jUL-02-2009 08: 56 AH THU

NA11E/NUMBER PAGE START Til~

ELAPSED TI!1E MODE RESULTS

9698357 0

FAX NUMBER

NA11E

JUL-02-2009 08: 55AH THU 00'00" STD G3

[ NO ANSWER]

COMMITTEE ON PUBUC SAFEtY, LAW EJ'.It=ORC.EJ\tfNT & SENIOR CITIZENS

SENATOR AOOLPHO B. PALAOOS, SR. CHAIRMAN

I Min4 'Trmta /III Lihesfaturun Gu!ihan

July 2, 2009 (Pur<uant to §8W7, Title 5 C£A - 5 days pnor to hcanag date)

PUBLIC HEARING NOTlCE

Tne Committee on Public Safety, Law Stforcement, and St'n.ior Citi;,ens has :>c:heciuled a public h,caring starting at 9:00 a.m., Timrsday, July 9, 2009, <It l L!he~!aturan Gutihan 's Public Hearing Room in Hagatfta, on the following:

m Bill No. 102 (COR)- An act to add a new §B49A :o Article 1 of ChapterS of Title 1 Guam Code Annotated relative to n<ili--ung the Guom Police Dx:,partment Crime Lab located at the Guam Community College Campus in Mangilao the ''Director Gregorio Guevara Perez Building." - by Senator

Ray Tenorio

• Bill No. 148 (COR)- An act to am~nd §3401(d) ot Chapter 3, Article 4, Title

16, Guam Code Annotated, relative to display of liceru;e plate or re.-ncwable windshield placard to qualified persons v.·ith disability as such is defu'le in §7120.1, Chapter 7, Title 16, Guam Code A.nnotated, to provid~ for di.bw.iswl of a citation issued to vehicles for failur~ to properly dispLay the &p;;cial license plate or the removal wi;1dshield pLacard." - by SE!nalot Adolpho B,

Palacios, Sr ..

• Bill No. 112 (COR)- A.11 act to amend Division (3) of Subitem (i), Article 1, Chapter 3, Title 16 Guam Code Annotated, to add a new Subite:>t (6J cJt

§17101, Chapter 17, Title 16 Guam Code Armotated; and to add Divisions (1) and (2) to Subitem (a) o£ §3111, Article 1, Chapter 3, T~tle 16 Gu2.n1 Code Armotated relative to creatirlg clearly defined reg:uldtions, penaltie& and oorvices for Guam's licensed drivers who are medically diagnv>ed wit.c\

epilepsy,- by Senator Tina Rose Muna-Barnes

The Commltt€e requests that, if 'i•<.'Iitten testimonies arc to be presented at i.h_~ he.::; mg, c<~pies b(:

subnlitted; one day prior to the pubhc: heanng d~te, to the (Jfftce ol- S<..!nJ:h.")-r Acidphv B, Palacio~.- Sr, or

via fax to 472-50?..2, or via email to Sa.rt.ABPaladoSlftigmaH.com. Co pia ot the aioren1cntior.cd Bills n1ay ~ obtained at J Lihesiaruran GuO.hm(s website at w~·.guan1legislature.com. Indlv!duais requiri.11g specia1 accommodations or services, pieasc contact Jonatha..'l Diaz or Prisciib Cru:;: ;;J.t .:t72-5(f4:7/504t:.

(.}tli('e/\1mtiog \ddrt<:;~: 1.5~ H<':>lcr P!;J;;:oc, Hftg<Hii<• .Gt:;.m %S·W

T Hrpila.ne 1'-'o. (6 7J, 4'7 ~S\!4i/5U4!) .. ra:t 2'-v. {() il, 472-502.2 • ErualJ; Mn.;;.Ul'"'iitLia:: •. =:;gn~IL((Iffi


Public Hearing Notice - July 9, 2009 1 message

Adolpho Palacios <[email protected]> Wed, Jul1, 2009 at 5:19PM To: [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected]



The Committee on Public Safety, Law Enforcement, and Senior Citizens has scheduled a public hearing starting at 9:00a.m., Thursday, July 9, 2009, at I Liheslaturan Guahan's Public Hearing Room in Hagatfia, on the following:

• Bill No. 102 (COR)- An act to add a new §849.4 to Article 1 of Chapter 8 of Title 1 Guam Code Annotated relative to naming the Guam Police Department Crime Lab located at the Guam Community College Campus in Mangilao the "Director Gregorio Guevara Perez Building."- by Senator Ray Tenorio

• Bill No. 148 (COR)- An act to amend §3401(d) of Chapter 3, Article 4, Title 16, Guam Code Annotated, relative to display of license plate or removable windshield placard to qualified persons with disability as such is define in §7120.1, Chapter 7, Title 16, Guam Code Annotated, to provide for dismissal of a citation issued to vehicles for failure to properly display the special license plate or the removal windshield placard."- by Senator Adolpho B. Palacios, Sr ..

• Bill No. 112 (COR) - An act to amend Division (3) of Subitem (i), Article 1, Chapter 3, Title 16 Guam Code Annotated, to add a new Subitem (g) of §17101, Chapter 17, Title 16 Guam Code Annotated; and to add Divisions (1) and (2) to Subitem (a) of §3111, Article 1, Chapter 3, Title 16 Guam Code Annotated relative to creating clearly defined regulations, penalties and services for Guam's licensed drivers who are medically diagnosed with epilepsy. - by Senator Tina Rose Muna-Barnes

The Committee requests that, if written testimonies are to be presented at the hearing, copies be submitted

http://mail.google.com/mail/?ui=2&ik=593118a0a6&view=pt&search=sent&th= 122352eee... 7/112009

.._, ..... ~............... ..... _._.. ....... _. ......... --.... ........ ~o .... , - -~-- - ---J - ;:1 ~- --

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 ;3_gnAJ3:F'<llaci()s~com. Copies of the aforementioned Bills may be obtained at I Liheslaturan Gudhan's website at \\']'{~am~~l?tm:e.com. Individuals requiring special accommodations or services, please contact Jonathan Diaz or Priscilla Cruz at 472-5047/5048.

http:/ /mail.google.com/mail!?ui=2&ik=593118a0a6&view=pt&search=sent&th= 122352eee... 7/1/2009

DATE:

TO:

FROM:

SUBJECT:

PAGES:


SENATOR ADOLPHO B. PALACIOS. SR. CHAIRivlAN

1 Mma'1'renta na Liheslaturan Guahan


July 2,2009

KUAM/Isla 630 637-9865 Pacific News Center 477-0793 PDN 477-3079 Marianas Variety 648-2007 K-57/Power 98 477-3982 Hit Radio 100 472-7663 KStereo/KISH 477-6411


PUBLIC HEARING FIRST NOTICE- June 23, 2009


OURGENT 0FOR REVIEW DPLEASE COMMENT OPLEASE REPLY 0 PLEASE RECYCLE

PLEASE SEE ATTACHED PUBLIC HEARING NOTICE.

THANK YOU.

Office/~iaiHng Address: 155 Hesler Place. Hagatf.a Guam 969HJ

Telephone '\io. (6"71) 4'7:!-5047/5048 • Fax '\'o. (671) -f"2-5022 • Email: SenABPalaciosggmail..com

HULTI COHMUNICATION REPORT

l. SUCCESSFUL

FAX NUJvlBER

6379865 4770793 4773079 6482007 4773982 4727663 4776411

2. UNSUCCESSFUL

FAX NUMBER

3. 1-':ULTI COMMUNICATION JOURNAL

NP.JV!E/NUMBER START TTI'ffi

~.::·6 6379865 07-02 08:17AM 536 4770793 07-02 08:18AM S36 6482007 07-02 08:19AJ1 ::,..)t, 47/3982 07-02 08:20AM :.-i6 4727663 07-02 08:21A.M ::._,)t, 4776411 07-02 08:22AH :<>S 4773079 07-02 08:23Al1

JUL-02-2009 08: 24 lH~ THU

FAX NUf-SER NP.J>ffi

REF. NAt~ PAGES 2

NAHE

NAHE

------·

TTI'ffi 110DE

00'20" ECM BC 00' 18" EC11 BC 00'18" ECH BC 00'20" ECH BC 00'18" ECH BC 00' 40" ECH BC 00'48" ECM BC

--~-

P"r:"' hv~ RES Z.~~~~S

----~- --------·-002/002 O.K 002/002 o.r·\. 002/002 0~1< c

002/002 0. ~:

002/002 o.r,·. 002; U .. i"~

002/ (_~. :::"

COMMITIEE ON PUBLIC SAFETY, LAW ENFORCEMENT & SENIOR CITIZENS

SEN A TOR ADOLPHO B. PALACIOS, SR. CHAIRMAN

I Mina'Trenta na Liheslaturan Gulihan

July 6, 2009 (Pursuant to §8107, Title 5 GCA- 48 hours prior to hearing date)

PUBLIC HEARING (SECOND) NOTICE

The Committee on Public Safety, Law Enforcement, and Senior Citizens has scheduled a public hearing starting at 9:00 a.m., Thursday, July 9, 2009, at I Liheslaturan Guahan's Public Hearing Room in Hagatfi.a, on the following:

• Bill No. 102 (COR)- An act to add a new §849.4 to Article 1 of Chapter 8 of Title 1 Guam Code Annotated relative to naming the Guam Police Department Crime Lab located at the Guam Community College Campus in Mangilao the "Director Gregorio Guevara Perez Building." - by Senator Ray Tenorio

• Bill No. 148 (COR)- An act to amend §3401(d) of Chapter 3, Article 4, Title 16, Guam Code Annotated, relative to display of license plate or removable windshield placard to qualified persons with disability as such is define in §7120.1, Chapter 7, Title 16, Guam Code Annotated, to provide for dismissal of a citation issued to vehicles for failure to properly display the special license plate or the removal windshield placard." - by Senator Adolpho B. Palacios, Sr ..

• Bill No. 112 (COR) -An act to amend Division (3) of Subitem (i), Article 1, Chapter 3, Title 16 Guam Code Annotated, to add a new Subitem (g) of §17101, Chapter 17, Title 16 Guam Code Annotated; and to add Divisions (1) and (2) to Subitem (a) of §3111, Article 1, Chapter 3, Title 16 Guam Code Annotated relative to creating clearly defined regulations, penalties and services for Guam's licensed drivers who are medically diagnosed with epilepsy. - by Senator Tina Rose Muna-Bames

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 Bills may be obtained at I Liheslaturan Guahan's website at www.guamlegislature.com. Individuals requiring special accommodations or services, please contact Jonathan Diaz or Priscilla Cruz at 472-5047/5048.

Offire/Mailing Addrcs~: 155 Hrsler Placr,llagatfia Guam 96910

Td t phone :\o. (671) 472-5047/5048 • Fax :\o. (671) 472-5022 • Email : SenABPalaciosr:(~~gmail.com

- ---- --~~ ------o ,---- -----/-


Public Hearing (Second) Notice for July 9, 2009 1 message

Adolpho Palacios <[email protected]> Mon, Jul 6, 2009 at 12:09 PM To: [email protected], [email protected], "Senator Frank B. Aguon" <[email protected]>, Secretary Tina Rose Muna-Barnes <[email protected]>, "Senator Frank F. Bias, Jr." <[email protected]>, "Senator Edward J. B. Calvo" <[email protected]>, "Vice Speaker Benjamin J. F. Cruz" <[email protected]>, [email protected], [email protected], [email protected], "Senator Ben C. Pangelinan" <[email protected]>, Senator Matt Rector <[email protected]>, "Majority Leader Rory J. Respicio" <[email protected]>, [email protected], Senator Ray Tenorio <[email protected]>, [email protected], [email protected], [email protected], [email protected], [email protected]





• Bill No. 148 (COR)- An act to amend §3401(d) of Chapter 3, Article 4, Title 16, Guam Code Annotated, relative to display of license plate or removable windshield placard to qualified persons with disability as such is define in §7120.1, Chapter 7, Title 16, Guam Code Annotated, to provide for dismissal of a citation issued to vehicles for failure to properly display the special license plate or the removal windshield placard." - by Senator Adolpho B. Palacios,

Sr ..

• Bill No. 112 (COR) - An act to amend Division (3) of Subitem (i), Article 1, Chapter 3, Title 16 Guam Code Annotated, to add a new Subitem (g) of §17101, Chapter 17, Title 16 Guam Code Annotated; and to add Divisions (1) and (2) to Subitem (a) of §3111, Article 1, Chapter 3, Title 16 Guam Code Annotated relative to creating clearly defined regulations, penalties and services for Guam's licensed drivers who are medically diagnosed with epilepsy. - by Senator Tina Rose Muna-Barnes

http:/ /mail.google.com/maill?ui=2&ik=593118a0a6&view=pt&search=sent&th= 1224dd2fl... 7/6/2009

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 SenABPal~ios@~mail.com. Copies of the aforementioned Bills may be obtained at I Liheslaturan Guahan 's website at 'b'J<YY•'::mamlegi~l<:!ture.c;Qn1. Individuals requiring special accommodations or services, please contact Jonathan Diaz or Priscilla Cruz at 472-5047/5048.

http://mail.google.cornlmaiV?ui=2&ik=593118aOa6&view=pt&search=sent&th= 1224dd2fl... 7/6/2009


Public Hearing (Second) Notice for July 9, 2009 1 message

Adolpho Palacios <[email protected]> Mon, Jul6, 2009 at 12:04 PM To: [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected]




•

•

•

Bill No. 102 (COR)- An act to add a new §849.4 to Article 1 of Chapter 8 of Title 1 Guam Code Annotated relative to naming the Guam Police Department Crime Lab located at the Guam Community College Campus in Mangilao the "Director Gregorio Guevara Perez Building." -by Senator Ray Tenorio

Bill No. 148 (COR)- An act to amend §3401(d) of Chapter 3, Article 4, Title 16, Guam Code Annotated, relative to display of license plate or removable windshield placard to qualified persons with disability as such is define in §7120.1, Chapter 7, Title 16, Guam Code Annotated, to provide for dismissal of a citation issued to vehicles for failure to properly display the special license plate or the removal windshield placard." - by Senator Adolpho B. Palacios,

Sr ..

Bill No. 112 (COR) -An act to amend Division (3) of Subitem (i), Article 1, Chapter 3, Title 16 Guam Code Annotated, to add a new Subitem (g) of §17101, Chapter 17, Title 16 Guam Code Annotated; and to add Divisions (1) and (2) to Subitem (a) of §3111, Article 1, Chapter 3, Title 16 Guam Code Annotated relative to creating clearly defined regulations, penalties and services for Guam's licensed drivers who are medically diagnosed with epilepsy. - by

Senator Tina Rose Muna-Bames

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 :?enABPalacios~mail.corg. Copies of the aforementioned Bills may be obtained at I Liheslaturan Guahan's website at }:V::i'VJ':{,_ggamlegislature.c:_qm. Individuals requiring special accommodations

or services, please contact Jonathan Diaz or Priscilla Cruz at 472-5047/5048.

http://mail.google.com/mail/?ui=2&ik=593118a0a6&view=pt&search=sent&th= 1224dce 11... 7/6/2009

DATE:

TO:

FROM:

SUBJECT:

PAGES:

COMMITTEE ON PUBllC SAFETY, LAW ENFORCEMENT & SENIOR CITIZENS


1 Mma'l'renta na Liheslaturan Gua'han


July6,2009

Speaker J. Won Pat 472-3589 Vice Speaker B. J. Cruz 477-2522 Senator T. Muna-Barnes 472-3400 Senator R. J. Respicio 472-3547 Senator J.P. Guthertz 472-3547 Senator T. C. Ada 473-3303 Senator Matt Rector 734-8085 Senator v. c. pangelinan 473-4238 Senator F. B. Aguon, Jr. 969-1497 Senator E. J. B. Calvo 475-8805 Senator Ray Tenorio 479-1329 Senator J. V. Espaldon 475-2000 Senator T. Taitague 969-8357 Senator F. Bias, Jr. 472-2528


PUBUC HEARING SECOND NOTICE- July 9, 2009


0 URGENT 0 FOR REVIEW 0 PLEASE COMMENT 0 PLEASE REPLY 0 PLEASE RECYCLE

PLEASE SEE ATTACHED NOTICE.

THANK YOU.

Office/Mai!ing A.dd ress: 155 Hes!er Place. Hagatiia Guam 969IO

Telephone 1\"o. (671} 472-5047/5048 • Fax :'\o. (671) 4i2-5022 • Email: StnABPalados·qgmail.com

~fULTI COfvh~NICATION REPORT

SUCCESSFuL

Ff<..X

4123589 4772522 4723400 4723547 4733303 7348085 4734238 9691497 4758805 4791329 4752000 4722528

~~ UNSUCCESSFUL

FAX

9698357

3. MULTI COHMUNICATION JOURNAL

:'10. NAME/NUMBER

r:,ss 4723589 !:.~.s 4772522

--.- 4723547

ss;:; 47 33303 ::ss '7348085 ::::,v ...1"734238

NTJHBEF.

NUl1BER

START TTI1E

07-07 08:18AH 07-07 08:19?>1-:1 07-07 08:20AH 07-07 08:21A11 07-07 08:22Al-i 07-07 08:23AM 07-07 08:24Al1 07-07 08:25Al1 07-07 Q8:26l'-J1 07-07 08:278~"1 07-07 08:28P.J1 07-07 08:30?11 07-07 08:31~11

FAX tJUl··1BER

R.EF .. NAlj1~

PAGES 2

NAHE

TH1E HODE PAGE Fzs:__··_, ..... ·:::

--- ---~--- --00' 20" ECB BC OC2/C102 0. ?~ 00' 18" EC11 BC c.=·~

00' 48" G3 BC 002/002 -v .. .:

00'20" ECM :ac OC2/t.>:.·2 c,. 00'20" ECM BC /C;O::

00'18" ECE BC on') /rrr~·-, ,~, ·,· v .... ; .._,._,.:;..,

00' 18" ECM BC OOL/OC2 \_; .. ;:_

00'24" EGI BC () .. ~-~~

00'28" ECB BC 002/002 (.). !:'.

00'20" ECH BC 002/0C:C 0. :~

00'20" ECH BC •._.,'.,_:.-.. 00'18" ECYi BC •·

00'00" G3 3C OOC, l~'-J ~·:...:~~-.

DATE:

TO:

FROM:

SUBJECT:

PAGES:

COMMITTEE ON PUBLIC SAFETY. LAW ENFORCEMENT & SENIOR CITIZENS


1 Mma'l'renta na Liheslaturan Gua'han


July6, 2009

KUAM!Isla 630 637-9865 Pacific News Center 477-0793 PDN 477-3079 Marianas Variety 648-2007 K-57/Power 98 477-3982 Hit Radio 100 472-7663 KStereo/KISH 477-6411

Office of Senator Adolpha B. Palacios, Sr.

PUBLIC HEARING SECOND NOTICE- June 23, 2009


OURGENT 0FOR REVIEW DPLEASE COMMENT OPLEASE REPLY 0 PLEASE RECYCLE

PLEASE SEE ATTACHED PUBLIC HEARING NOTICE.

THANK YOU.

Office/!Vfa i!ing Address: 155 Hesler Place. Hagatfia Guam 96910

Telephone No. (6'71 ) 4'72-50-i i /5(}48 • Fax "\o. (6il ) 471-5022 • Email: SenABPalacios,q,gmaiLcam

~57

ss:

MULTI COMl~lJNICATION REPORT

~· SUCCESSFUL

6379865 4770793 4773079 6482007 4773982 4727663 4776411

c:.. UESUCCESSFUL

Fl'...X NUHBER

F A..X NUl-lBER

J. l--!ULTI COHlJfJNICATION JOURNAL

NAME/NU£-lBER

-~- ----------~--------------

6379865 4770793 4773079 6482007 4773982 4727663 ~776411

START TTI"iE

07-07 08:00AM 07-07 08:01AM 07-07 08:02AM 07-07 08:03.81·1 07-07 o8:·:::l4N1 07-07 Q8:05Al1 07-07 08:06AM

FAX NUf1BER

NAHE

REF. N.M}fE

PAGES 2

NAHE

TIME BODE

-~------

00'20" ECl-1 BC

00'18" ECb BC

00'56" E01 BC

00'20" EC11 BC

00'20" ECr<l BC

00'18" ECH BC

00'40" ECl·l BC

PAGE .)_-),__;::;.::.:;. :_' .:_- :::_,

002/002 c.}~

CC2/0C:2 0 .. F

00~/80:2 c;. ~(

002./()01 ·-'-''"-'

002/00:2 002/0C2 c .. r:

C)(J2 t~~'~ -~:

COMMITIEE ON PUBUC SAFETY, LAW ENFORCEMENT & SENIOR CITIZENS


I Mina'Trenta na Liheslaturan Guahan

PUBLIC HEARING Thursday, July 9, 2009

9:00a.m. Public Hearing Room, I Liheslaturan Guahan

Notices for the public hearing were disseminated to all local media via fax and email on July 2, 2009 and on July 6, 2009, pursuant to the Open Government Law.

AGENDA


• Bill No. 148 (COR)- An act to amend §3401(d) of Chapter 3, Article 4, Title 16, Guam Code Annotated, relative to display of license plate or removable windshield placard to qualified persons with disability as such is define in §7120.1, Chapter 7, Title 16, Guam Code Annotated, to provide for dismissal of a citation issued to vehicles for failure to properly display the special license plate or the removal windshield placard."- by Senator Adolpho B. Palacios, Sr.

• Bill No. 112 (COR) - An act to amend Division (3) of Subitem (i), Article 1, Chapter 3, Title 16 Guam Code Annotated, to add a new Subitem (g) of §17101, Chapter 17, Title 16 Guam Code Annotated; and to add Divisions (1) and (2) to Subitem (a) of §3111, Article 1, Chapter 3, Title 16 Guam Code Annotated relative to creating clearly defined regulations, penalties and services for Guam's licensed drivers who are medically diagnosed with epilepsy. -by Senator Tina Rose Muna-Barnes

The Committee will prepare and submit the Committee Report on Bills Nos. 102 (COR), 148 (COR), and 112 (COR) within next 10 days, in preparation for consideration by the legislative body. However, the Committee will continue to receive written testimonies until July 20, 2009. Please fax, e-mail, or drop testimonies to the Office of Senator Adolpho B. Palacios, Sr., Chairman, Committee on Public Safety, Law Enforcement, and Senior Citizens or the Legislature's mail room.

Officc/.\1ailing Address: 15511eslcr Plat·c, llagatila Guam 96910

Telephone :\o. (671} 472-5047/5048 • Fax :\o. (671) 472-5022 • Email: SenABPalaciosra;gmail.com

Thirtieth Guam

Legislature

CHAIRPERSON:

Committee on Public Safety, Law Enforcement and Senior Citizens

LEGISLATIVE ALERT Office of Senator

Adol hoB. Palacios, Sr. IMina 'Trenta Na Liheslaturan Guahan

BJLL NO: 112 (COR) AN ACT TO AMEND DIVISION (3) OF SUBITEM (i), ARTICLE 1, CHAPTER 3, TITLE 16 GUAM CODE ANNOTATED, TO ADD A NEW SUBITEM (g) OF §17101, CHAPTER 17, TITLE 16 GUAM CODE ANNOTATED; AND TO ADD DIVISIONS (1) AND (2) TO SUBITEM (a) OF §3111, ARTICLE 1, CHAPTER 3, TITLE 16 GUAM CODE ANNOTATED RELATIVE TO CREATING CLEARLY DEFINED REGULATIONS, PENALTIES AND SERVICES FOR GUAM'S LICENSED DRIVERS WHO ARE MEDICALLY DIAGNOSED WITH EPILEPSY.

RAMIFICA TIONSIIMPLICA TIONS: 1. Bill intends to change the existing language to Division (3) of sub item (i),

Article 1, Chapter 3, Title 16 Guam Code Annotated to read: "Who is an imbecile, insane, feeble minded or an idiot."

2. Bill intends to add a new sub item which will require a mandatory evaluation by an appointed panel before any penalties are issued.

3. Evaluation will have two decisions - to penalize and suspend or revoke the operator's license based on presented circumstances and based on sub item (a) of §3111, Article 1, Chapter 3, title 16 Guam Code Annotated or to allow the operator to keep possession of his/her license while being put on a six month probationary period that must be free of any epileptic episodes.

FLAWS/SHORTCOMINGS: 1. Bill may be too restrictive and discriminatory under the American Disabilities

Act because it singles out only those who are epileptic.

REMARKS: A public hearing will be held on Thursday, July 9, 2009 beginning at 9:00am at the Guam Legislature's Public Hearing Room. A copy of this bill is available at the Legislature, or my office can fax one to you. Written testimony may be submitted to SenABPalaciosrq}gmail.com or fax: 472-5022 on or before the hearing date. After the public hearing, you may submit or fax your testimony to my office for up to 10 days after the hearing. I would appreciate any comments you can provide. It would be very helpful to me when this Bill comes up for Legislative debate on whether to pass the Bill or not.

By: Jonathan B. Diaz, Policy Researcher

OfficdMailing Address: Suite 104, Guam Legislllture Building, 155 Hesler Place., Hagatita GU 96910

Teleplwne No. (671) 472-5047/8 • Fax No. (671) 472-5022 • Email: SenABPaJacios@gmaiLcom

CONSTITUENTS

Governor's Office:

Lt. Governor's Office:

AG's Office:

Rev& Tax

Guam Police Deparbnent:

Mayor's Council:

477 -GUAM (4826), 472-7549, 477-8934

477-2007

(671) 472-2493, (671) 477-3390, (671) 475-3203

Fax:671-633-2643

....WS=3460, ·472-4036

477-8777

MULTI COMMUNICATION REPORT

l. SUCCESSFUL

4774826 4727549 4778934 4722493 4773390 4753203 6332643 4'724036 4778777

4778777

2. UNSUCCESSFUL

4772007 4758460

FAX NUMBER

FAX NUMBER

c;,. 1-lULTI COl,lHUNICATION JOURNAL

47.c'7S49

.+: ·J//3934

'''-~ l 4 7:c'2493

~lS3203

c3}2643 ~+ 7 L4Ct36

NAl1E/NUHBER

------·- ---- ---

START Til1E

07-02 Q9:51Al1 07-02 09:52Al-1 07-02 09:52AH 07-02 09!53?.11 07-02 09:54AM 07-02 09:55Al-l 07-02 09=56]1.11 07-02 09:58AM 07-02 09:59AM 07-02 lO:OOAl-1 07-02 lO:OlAH

JUL IV) J.."(\('0 , r,. u~') Al'l T·Hn -u.::.- UIJ,; lU• L '1 . U

FAX NlJHBER

NAi'lF:

REF. NAHE

PAGES 1

TI!1E VDDE

00'14" EC1,1 BC

00'14" ECi•: BC

00' 14" ECB BC

00' 14" ECt~ BC

00'14" ECl·l BC

00'14" EC!,l BC

00' 32" ECE BC

00'16" EC1-~ BC

00'52" G3 BC

00' 52" GJ BC

00'00" G3 BC

PAGE

u. r.

r F'

\.__)- i