,..;./ --..., " <... ':\ H:more.ble Florencio T. Ramirez oea ;er T.. c!fth Cuam Legislature. Dear t.'/.r. ~.peai-<er:

Transcription

1 ~( GU AM ; ch loa ~\~.. ~/l~}~'- A~.: -:..~ (../~ G. '#~':- /~y.....~~.../ TERRTORY OF GUAM Or.CE OF THE GOVERNOR AOANAGUAM U.S.A. : /... ':. (..C -- CA<U'~ (. CAMACO C 't.;hnuu jr LJ ~ p H:more.ble Florenco T. Ramrez oea ;er T.. c!fth Cuam Legslature ;;::~. Gu~m %.':' Dear t.'/.r. ~.pea-<er: Ju!- j -' ~ r- 'J Y?.j f.' \.J-L-.:.:...' ;--....;./ Ths s to nform you that have s.gned tnto law Blt No. 0 An Act to amend Sectons 00 'J0J('e) er::..(jt. ~. F'~0 &=!e~ ~. ~O. a 0... and of the Governrnent Code of Guam to transfer from the Department of Publc Safety to the Department of Revenue and Taxaton the functons of provdng certfcates of dentfcatton lcensng of frearms karate and judo experts motor vehlc les and operators of vehe les. and ncreasng the fees therefor BH No. 0 becomes Publc Law -. Two coptes of the.publc law are enclosed. - <.... ':\ RECEVED. \._\ J () j ;;' 'c. vuam Le~..L:~ Sncerely yours ~ L '-/Ca.re..; C. C.::r::::.:bo Enclosures r

2 TWELFTH GUAM LEGSLATURE (SECOND) Regular Sesson Guam Terrtoral Law Llb~ San Ramon &leg ARana. GlaDl~~ :;'=J CERTFCATON OF PASSAGE OF AN ACT TO THE GOVERNOR Ths s to certfy that Bll No. 0 An Act to amend Sectons 00 00(e) l0~ + and of the Government Code of Guam to transfer from the Department of Publc Safety to the Department of Revenue and Taxaton the functons of provdng certfcates of ~ dentfcaton lcensng of frearms karate and judo experts motor vehcles and operators of vehcles and ncreasng the fees therefor was on the st day of June duly and regularly passed. ATTESTED: ~~_../ G. M. BAM BA '--- Legslatve Secretary Ths-A~t-w~s-r~c~~ed ~y -the-g~v~r~o~ ~hs- - ~~J- day of a rno) at --:() o'clock -f-.r-t. 'S! KETH L ANDREw~' KETH L. ANDREHS Attorney General of Guam APPROVED: t/s/ RCHARD D. MAGEE DATED: ~/ CARLOS G. Ck~ACHO Governor of Guam 'J#/' r P/J~ / /0.' 0 czyx ' SEtENtb ~R GUAM T nt('{t '~ LAW LUU\AY J:~.~.-..ra'...;: '.. ~ *-~ ~-

3 !! ~ \. 0. J ' ' ' '' '!! ' Bll No. 0 Substtute Bll by Commttee on Publc Safety ~tltary and Veterans Affars. T\VELF'l'HGUAM LEGSLATURE (FRST) Regular Sesson ntroduced AN ACT TO A~ND SECTONS 00 00(e) AND OF THE GOvErumsuT CODE OF GUAH TO TRAHSFER FRON THE DEPARTHENT OF PUBLC SAFETY TO TlE DEPART~ENT OF RBVENUE Aj'm TAXATON THE FUNCTONS OF PROVD?G CER TFCATES OF DENTFCATON LCENSNG OF FREAm~ KARl'\TEAND JUDO EXPERTS MOTOR VEHCLES AND OPEH~'\TORSOF VEHCLES AND NCREASHG THE FEES THEREFOR. by F. R. Santos BE T ENACTED BY THE PEOPLE OF THE TERRTORY OF GUN: Secton. Secton 00 of the Government Code of Guam s hereby amended to read as follows: Secton 00. Certfcate of dentfcaton: requrement and fee. Any person may obtan a certfcate of dentfcaton from the Department of Revenue and Taxaton. The Drector of Revenue and Taxaton s authorzed to ssue such certfcate of dentfcaton wthout charge n a form prescrbed by hm. Secton. Subsecton 00(e) of the Government Code of Guam s hereby amended to read as follows: (e) The terms 'Drector' and 'Department' mean the Drector of Revenue and Taxaton and the Department of Revenue and Taxaton respectvely. Secton. Secton 0. of the Government Code of Guam s hereby amended to read as follows: secton 0 Dealer etc. must regster. Any person who s n the busness of sellng buyng rentng or tradng any frearm shall regster wth the Department of Revenue and Taxaton under the terms and condtons - l

4 : 'j f set forth n ths Chapter and the rules and regulatons adopted hereunder before engagng n any of the above actvtes. The term 'n the busness of' shall mean any person natural or legal who engages n th~ above actvtes for proft or who so engages on behalf of others but shall not nclude prvate sales loans gfts.' or transfers of lawfully possessed frearms whch have been regstered and possessed under the provsons.' of. Sectons 0. and 0 of ths Chapter. ~ 0 Secton. Secton 0 of the Government Code of Guam s. hereby amended to read as follows: 0 'J.j.. oj L 0. j: q ' '! j! ' ' Secton 0. Fees. (a) The fee for each dentfcaton card duplcate or renewal thereof shall be Fve Dollars ($.00) and shall be pad to the Treasurer of Guam for the account of the Department of Revenue and Taxaton before any dentfcaton card may be ssued or renewed. (b) The annual regstraton fee for every dealer manufacturer wholesaler retaler and reparer shall be One Hundred Dollars ($00.00) and shall be payable to the Treasurer of Guam for the account of the Department of Revenue and Taxaton before any such regstraton may be ssued renewed or a duplcate ssued. (c) The fee for regstraton of every frearm by an ndvdual shall be Two Dollars ($.00) payable to the Treasurer of Guam for the account of the Department of Revenue and Taxaton before any such regstraton may be ssued or a duplcate ssued. (d) Regstratons for dealers retalers wholesalers manufacturers and reparers shall be renewed annually at the same tme as the busness lcense s renewed and shall - - ;

5 Secton. Secton of the Government Code of Guam s hereby amended to read as follows: secton. Regulatons. The Drector of Revenue and Taxaton s authorzed to adopt regulatonsn mplementatonof ths Chapter subject to approval by the Governor by Executve Order. Secton. Secton 0 of the Goverment Code of Guam s hereby ~~ended to read as follows: Secton 0. Regstraton requred. Any person who 0 s an expert n the art of karate or judo or any smlar physcal art n whch the hands and feet are used as deadly weapons s requred to regster wth the Departmentof Revenue and Taxaton. Secton 0. Secton of the Government Code of Guam s hereby amended to read as follows: Secton. Regstraton. The Department of Revenue and Taxaton shall regster each karate or judo expert who apples therefor and shall keep a roster of such experts. On ssuance of the regstraton certfcate by the Department of Revenue and Taxaton the applcant shall brng such certfcate to the lcense Dvson of the Department of Revenue and Taxaton whch shall bll the applcant for the requred fee. On payment of the requred fee to the Treasurer of Guam the Treasurer shall recept therefor on the face of the regstratoncertfcate and return such certfcate to the applcant. The regs- traton certfcateththe recept of the Treasurer marked on the face therefor shall consttute evdence of regstraton. 0 Secton. Secton 0 of the Government Code of Guam s hereby amended to read as follows: - -

6 0 0 Secton 0. Lcense: requrement. (a) Unless expressly exempted under ths Ttle a person shall not drve a motor vehcle upon a hghway wthout havng n hs mmedate possesson a vald operator's or chauffeur's lcense ssued under ths Ttle. An operator's lcense authorzes the lcensee to drve as an operator only. A chauffeur's lcense authorzes the lcensee to drve ~s an operator or as a chauffeur. (b) A person employed by or n ~~e servce of the Unted States whle operatng a vehcle owned or controlled by b~e Unted States need not obtan an operator's or chauffeur's lcense. (c) A person havng n hs ~~edate possesson a vald operator's or chauffeur's lcense ssued by any other terrtory or state of the Unted States may drve a motor vehcle upon the hghways for a perod not exceedng thrty (0) days from the date such person arrved n Guam. n addton a person havng n hs mmedate possesson a temporary operator's or chauffeur's lcense ssued under ths Ttle may drve a motor vehcle upon the hgh\'lays for a perod not exceedng thrty (0) days whle the Department of Revenue and Taxaton s completng ts nvestgaton and determnaton of all facts relatve to the applcant's rght to receve a lcense. Such temporary lcense s nvald when the applcant's lcense has been ssued or refused. (d) A person havng n hs mmedate possesson an nstructon permt ssued under ths Ttle may drve a motor vehcle upon the hghways for a perod not exceedng nnety (0) days when accompaned by and under the mmedate supervson of a lcensed operator or chauffeur. - -

7 . 0 0!.. '.. :. ; U :! '! ' The Drector of Revenue and Taxaton may further restrct a permt to any applcant as he may determne to be approprate to assure the safe operaton of a motor vehcle by the permttee. (e) An applcant for a lcense or permt shall submt an applcaton to the Department of Revenue and Taxaton on a form prescrbed by t verfed under oath and contanng the followng nformaton: () The applcant's full name age sex and resdence address. () A bref descrpton of the applcant fo~ the purpose of dentfcaton. () The knd of lcense appled for. () Whether the applcant has ever prevously been lcensed as an operator or chauffeur and f so when and n what state or country and whether or not any such lcense has been suspended or revoked and f so the date of and reason for such suspenson or revocaton. () Whether the applcant has ever prevously been refused an operator's or chauffeur's lcense n Guam and f so the date and the reason for such refusal. () Whether the applc~nt has prevously operated a motor vehcle and f so for vmat len~th of tme. () Whether the applcant has the normal use of both hands and feet. () Whether the applcant has ever been afflcted wth eplepsy paralyss nsanty or other dsablty or dsense affectn~ hs ahlty to exercse reasonable and ordnary control n operntn~ a motor vehcle - - j t

8 0 ; d ' ' H j.!. 'j. ;! d' d.. : ' l! :/ : j! ' 0 upon a hghway. () Whether the applcant understands traffc sgns and sgnals. (0) Any other nformaton necessary to determne whether the applcant s enttled to a lcense under ths Ttle. An applcant for a chauffeur's lcense shall state the type of vehcle or combnaton of vehcles he desres to operate. (f) The Department of Revenue and Taxaton shall no~ ssue any lcense or permt unless t determnes that the ' applcant s lawfully qualfed for a lcense or permt and approves the applcaton. (g) The examnaton shall nclude a test of the applcant's knowledge and understandng of the provsons of ths Ttle governng the operaton of vehcles upon the hghway hs understandng of traffc sgns and sgnals and the applcant shall be requred to gve an actual demonstraton of hs ablty to exercse ordnary and reasonable control n operatng a motor vehcle by drvng the same under the supervson of an examnng offcer. The examnaton shall also nclude a test of the hearng and eyesght of the applcant and such other matters as may be necessary to determne the applcant's mental and physcal ftness to operate a motor vehcle upon the hghways and whether any ground exsts for refusal of a lcense or permt under ths Ttle. Every applcant for a chauffeur's lcense shall be requred to submt to an examnaton approprate to the type of vehcle or combnaton of vehcles he desres a lcense to drve. (h) An applcant s not enttled to an operator's or - -!!!

9 J :~ ; '!. :! :; J! ' ; -. '!!. '.!. ; ' 0S 0 :! chauffeur's lcense or nstructon permt: () Who s not of legal age to receve such lcense or permt. An applcant for an operator's lcense of nstructon permt must be at least eghteen (ls) years of age or f under eghteen must be at least sxteen () years of age and have the consent s wrtng of hs parents or guardans tọ ~ drve a motor vehcle. An applcant for a chauffeur's lcense must be at least eghteen (ls) years of age. () ~0 s a habtual drunkard or addcted to the use of narcatc drugs or a habtual user of any other drug renderng such person ncapable of safely operatng a motor vehcle. -'.Ulbecle or () \~o s nsane or feeble mnded or an dot... ~.- epleptc. () Who s unable as shown by examnaton to understand traffc sgns or sgnals or who does not have a reasonable knowledge of the provsons of ths Ttle governng the operaton of vehcles upon the hghways. () When t appears by examnaton or other evdence that such person s unable to safely operate a motor vehcle upon a hghway because of physcal or mpn~~l dcfct or except n the case of an applcant for an nstructon permt lack of skll. Any physcalor mental defect of the applcant whch n the opnon of the Drector of Revenue and Taxaton does not affect the applcant's ablty to exercse reasonable and ordnary control n operatng a motor vehcle upon the hghway shall not prevent the ssuance of a lcense or permt to the applcant. () The Drector of Revenue and Taxaton may.w - S - ' / '

10 J! ; 0! ' :J!'!! : : : L : ' B! r ;!! B. ' 0 dsapprove the applcaton: () f he s satsfed that the applcant s not enttled thereto under the provsons of ths Ttle. () f the applcant has faled to furnsh the Department of Revenue and Taxaton the nfor~maton requred n the applcaton or any reasonable addtonal nformaton requested by the Department. () f he determnes that the applcant has made or permtted to be made unlawful use of any operator's or chauffeur's lcense. () f he determnes that ee applcant has used a false or fcttous name n any applcaton for a lcense or knowngly made a false statement or knowngly concealed a materal fact or otherwse commtted any fraud n any such applcaton. () f he determnes that the applcant s a neglgent or ncompetent operator of a motor vehcle. Any person who has been convcted on four () or more occasons n a consecutve perod of twelve () months or sx () or more occasons wthn a consecutve perod of twenty-four (). months or eght () or more occasons wthn a consecutve perod of thrty-sx () months of volatons of the provsons of ~le Vehcle Code nvolvng the safe operaton of vehcles on the hghway and whch are by law requred to be reported to the Department of Revenue and Taxaton shall prma face be\ presumed.~ ' to be a 'neglgent operator of a motor vehcle.' (j) Every lcense and permt shall state whether t s an operator's or chauffeur's lcense or nstructon permt and shall bear ~ereon the dstngushng number - -

11 0 0!' :: - ; - d!~ - ' j! ' assgned to the applcant the date of expraton the name the age and resdence address of the lcensee a bref descrpton of such lcensee for the purpose of dentfcaton hs photograph n color or black and whte and space for the sgnature of the lcensee. n the case of a chauffeur's lcense the lcense shall also state whether t s a general or restrcted lcense and f restrcted the type of vehcle or combnaton of vehcles the lcensee s lcensed to operate. Each lcense and permt shall also contan a space for the endorsement thereon of a record of each suspenson or revocaton thereof. Upon recept of a lcense or permt the lcensee or permttee shall wrte hs usual sgnature wth pen and nk n the space provded on the lcense or permt and such lcense or permt shall not be vald untl so sgned. (k) The lcensee or permttee shall have hs lcense or permt n hs mmedate possesson at all tmes when drvng a motor vehcle upon a hghway and when so drvng shall dsplay such lcense or permt upon demand of a member of the Guam Polce or any peace or traffc offcer enforcng the provsons of ths Ttle. Any charge under ths subdvson shall be dsmssed when the person so charged produces n court an operator's or chauffeur's lcense duly ssued to such person and vald at the tme of hs arrest. () Every operator's or chauffeur's lcense hereafter ssued shall expre three () years after the frst annversary of the date of brth of any applcant occurrng after the date of ssuance. The annversary of the date of brth of any applcant born on February twenty-nnth (th) shall for the purposes of ths secton durng the ' '

12 ; : 0 0! '! ;\ L l '! : ; : ' ; j :! ~ l /' '!! ' : ' l years n whch there s no February twenty-nnth (th) be consdered as March frst (st). Every such lcense shall be renewable for a lke perod wthn nnety (0) days pror to ts expraton. Any lcense that would othe~~se expre on a Saturday or legal holday shall be vald untl the next busness day. An applcant for renewal of lcense shall make applcaton therefor n the same manner as n the case of an orgnal applcaton for a lcense upon such form as may be requred. The Drector of Revenue and Taxaton at hs dscreton may requre an examnaton of the applcant as upon an orgnal applcaton. To the extent ts facltes permt the Department of Revenue and ~axaton shall n the course of ts nvestgaton check the record of the ~pplcant for convctons for traffc volatons and traffc accdents and may wthhold or refuse certfcaton of elgblty for a lcense or renewal of a lcense unless satsfed upon reasonable proof that the applcant can and wll operate a motor vehcle safely. (m) n the event a lcense or permt ssued under ths Ttle s lost destroyed or mutlated the lcensee or permttee may obtan a duplcate from the Department of Revenue and Taxaton upon makng satsfactory proof of such fact. Any person who loses a lcense or permt and thereafter fnds the orgnal must mmedately surrender such orgnal to the Department of Revenue and Taxaton. (n) After passng an examnaton as requred under Subsecton (g) to nclude an actual demonstraton of ablty to exercse ordnary and reasonable control n the operaton of a motorcycle an applcant may have hs operator's or chauffeur's permt endorsed by the Drector - - -\ l

13 : p 0 0 ;. '!!. : :! ;! '! of Revenue and Taxaton or hs desgnee authorzng the applcant to operate a motorcycle on the hghways of Guam. The Drector of Revenue and Taxaton may n hs dscreton accept evdence of a mltary motorcycle permt n leu of ths examnaton and endorsement. No person shall oper~te a motorcycle on the hgh\~ay wthout frst complyng wth ths secton except that a person havng n hs mmedate possesson a vald motorcycle operator's lcense ssued by any other terrtory or state of the unted States or by a foregn country may operate a motorcycle.. upon the hghways for a perod not exceedng thrty (0) days from the date such person arrved n Guam. Any person who operates a motorcycle n volaton of ths Ttle shall be gulty of a msdemeanor and upon convcton thereof shall be punshed by mprsonment for not more than sx () months or by fne of not more than Two Hundred Ffty Dollars ($0.00) or both. t Secton. Secton of the Government Code of Guam... s hereby amended to read as follows: Secton. Prohbtons. A person shall not:. (a) Knowngly permt or authorze the drvng of a motor vehcle owned by hm or under hs control upon the!!! hghways by another person whether as operator or j ~ ' l! ' chauffeur unless such other person s duly lcensed to drve. (b) Dsplay or cause or permt to be dsplayed or have n hs possesson any cancelled revoked suspended fcttous or fradulently altered lcense or permt. (c) Lend hs lcense or permt to any other person or knowngly permt the use thereof by another. (d) Dsplay or represent as one's own any lcense or '\ >. - -

14 \ \.. 0 permt not ssued to hut. (e) Fal to refuse to surrender to the Department of Revenue and Taxaton upon lawful demand any lcense or permt whch has been suspended revoked or cancelled. (f) Use a false or fcttous name n any applcaton for a lcense or permt or knowngly make a false statement or knowngly conceal a materal fact or othe~~se co~t a fraud n any such applcaton. (g) Permt any unlro~ful use of a lcense or permt ssued to hm. (h) Photograph photostat duplcate or n any way reproduce any lcense or permt or facsmle thereof n such a manner that t could be mstaken for such a lcense '- or permt or dsplay or have n hs possesson any such photograph photostat duplcate reproducton or facsmle unless authorzed by the provsons of ths Ttle. Secton. Secton of the Government Code of Guam s hereby amended to read as follows: 0 Secton. Same: suspenson and revocaton. (a) Whenever any person s convcted of a volaton of any provson of ths Ttle relatng to the speed of vehcles or of reckless drvng the court may unless ths Ttle makes mandatory a revocaton of such lcense by the Drector of Revenue and Taxaton suspend the lcense of such person for a perod of not to exceed thrty (0) days upon frst convcton for a perod of not to exceed sxty (0) days upon a second convcton for a perod of not exceed sx () months upon a thrd or any subsequent convcton. (b) A court may suspend the prvlege of any person to operate a motor vehcle for a perod not exceedng sx - -

15 'j ; 0 0!. '! :.' '! ;! '. ' '! ' ' :! j '!: () months upon convcton of such person of any of the followng offenses: () Falure of the drver of the vcllcle nvolved n an accdent to stop at the scene of the accdent or othense comply wth the provsons of ths Ttle relatng thereto. () Reckless drvng proxmately causng bodly njury to any person. ~ (c) Whenever a court duly suspends a lcense the court shall requre such lcense to be surrendered to t.' Unless requred by the provsons of ths secton to send the lcense to the Department of Revenue and Taxaton the court shall retan such lcense durng the perod of suspenson and return t to the lcensee at the end of such perod after endorsng thereon a record of the suspenson. (d) ~~enever any person s convcted of any offense for whch ths Ttle makes mandatory the revocaton of the lcense or lcenses of such person by. the Drector of Revenue and Taxaton b;e prvlege of such person to operate a motor vehcle s suspended untl the Drector of Revenue and Taxaton takes acton requred by ths Ttle and the court n whch such convcton s had shall requre the surrender to t of all operator's and chauffeur's lcenses ssued to the person convcted and the court shall wthn ten (0) days after such convcton forward the same wth the requred report of such convcton to the Department of Revenue and Taxaton. (e) The Drector of Revenue and Taxaton shall mmedately revoke the prvlege of any person to operate a motor vehcle upon a hghway upon recept of a duly - -

16 .! \. \ 0 0 ' t l :!j!!.'!j j.!:! ; ~ : q! ' '. '.\ ;..! certfed abstract of the record of any court showng that such person has been convcted of any of the followng crmes or offenses: () Manslaughter resutn~ from the operaton of a motor vehcle. () Drvng when addcted to the use or under the nfluence of narcotc or other drugs. () Falure of the drver of a vehcle nvolved n an accdent resultng n njury or death of any person to stop at the scene of the accdent. () Theft or unlawful takng of a vehcle. () Any felony n the commsson of \ohcha motor vehcle s used. The prvlege revoked under ths subdvson shall not be renewed untl the expraton of one () year after the date of such revocaton and untl the person whose prvlege was so revoked gves proof of ablty to respond n damages n an amount determned by the Drector of Revenue and Taxaton. (f) The Drector of Revenue and Taxaton may revoke a lcense or permt upon any of the grounds whch authorze the refusal to ssue a lcense or permt and may also suspend or revoke a lcense or permt upon a convcton of a lcensee or permttee of operatng a vehcle upon a h~hway whle under the nfluence of ntoxcatng lquor. (g) The Drector of Revenue and Taxaton may suspend the prvlege of any person to operate a motor vehcle upon a hghway upon recept of duly certfed abstract of the recorcl of any court showng that such person has been convcted of any of tle followng crmes or offenses: - -

17 : ' j ' :.: : 0!.j! / ' : ~ :) 0 : ~ : ~ '! 0 j () Falure to stop n the event of an accdent resultng only n damav.e to property. () A frst convcton of reckless drvng proxmately causnp bodly njury to any persons or a second or subsequent convcton of reckless drvng not nvolvng bodly njury to any person. () Falure to stop upon strkng an unattended vehcle. n any case under ths subdvson the Drector of Revenue and Taxaton s authorzed to requre proof of ablty to respond n damages n an amount determned by the Drector of Revenue and Taxaton. (h) Whenever the Drector of Revenue and Taxaton revokes or suspends the prvlege of a non-resdent to operate vehcles n Guam the Department of Revenue and Taxaton shall send a certfed copy of such order to the proper authortes n the state wheren such person s a resdent. () Whenever the Drector of Revenue and Taxaton revokes or suspends the prvlege of any person to operate a motor vehcle upon a hghway or revokes or suspends an operator's or chauffeur's lcense ssued to hm evdencng such prvlege the revocaton or suspenson shall apply to all operator's or chauffeur's lcenses held by hm and all such lcenses shall be surrendered to Department of Revenue and Taxaton. (j) vfuenever the Drector of Revenue and Taxaton cancels an operator's or chauffeur's lcense such lcense shall be surrendered to the Department of Revenue and Taxaton. All suspended lcenses shall be retaned by the Department of Revenue and Taxaton. Upon the - - :.!

18 0 0 ; ; ; j '. ~!. J H! ' f : ;j :!!.j ' J j:!! '.. 's expraton of the perod of suspenson by the Drector of Revenue and Taxaton of any lcense the Department of Revenue and Taxaton shall return the lcense to the lcensee or may authorze the grantng of a new lcense. (k) Upon recevng a duly certfed abstract of the record of any court showng that a person has been char~ed w th drvng a motor vehcle upon a hghway after hs _. operator's or chauffeur's lcense or hs drvng prvlege has been suspended or revoked the Drector of Revenue and Taxaton n the case of a suspenson shall extend the perod of suspenson of lcense for an addtonal lke perod and n the case of revocaton shall not authorze the ssuance of a new lcense for an addtonal perod of one () year from and after the date such person would otherwse have been enttled to apply for a new lcense. () For the purpose of ths secton a plea of gulty or a judgment of gulty whether probaton s granted or not or a forfeture of bal consttutes a convcton of any of the crmes heren mentoned. Secton. Secton of the Government Code of Guam hereby amended to read as follows: Secton. Same: same: hearns. (a) a person shall be enttled to demand n wrtng a hearng before the Drector of Revenue and Taxaton or hs representatve whenever the Drector of Revenue and Taxaton: () Has refused to ssue such person an operator's or chauffeur's lcense or to renew the same~ () Has gven notce of the mposton of terms or condtons of probaton; or () Has gven notce of the suspenson or revocaton of hs prvlege of operatng a motor vehcle - -

19 l : '! S :! : j! : l'! L d j ' ;' '!: ~: 0 : : :!! \' ~ '! 0 ; upon a hghway or an operator's or chauffeur's lcense ssued to such a person. The applcant or lcensee shall not be enttled to a hearng under ths subdvson whenever such acton by the Drector of Revenue and Taxaton s made mandatory by the provsons of ths Ttle or when such person has had an opportunty to be heard nor to a formal hearng whenever the acton was taken on grounds ascertanable on examnaton or re-examnaton pursuant to the provsons of ths Ttle. (b) As an addtonal and alternatve procedure to that set forth n subdvson (a) the Drector of Revenue and Taxaton may gve to any person whose lcense he proposes to revoke suspend or on whom he proposes to mpose terms of probaton or whose applcaton for lcense he proposes to revew notce and an opportunty to be heard before takng such acton. n such case the Drector of Revenue and Taxaton shall gve notce of hs proposed acton by a statement settng forth the proposed acton and the grounds therefor and notfyng the person of hs rght to a hearng; or the Drector at the tme he gves notce of hs ntenton to act may set the hearngs gvng ten (0) days' notce thereof. (c) n ether of the cases stated n Subdvson (a) or (b) above the person recevng the notce shall have ten (0) days n whch to respond to the notce. He may ether () demand a formal hearng or () demand an nformal hearng n whch he may controvert any pont at ssue or present any evdence statement or argument for the consderaton of the Drector of Revenue and Taxaton or may present orally to the Drector of Revenue and Taxaton any evdence or statement pertnent to the - -

20 f!'. '. '..... ; 'j '! j:.; ;t :! '' : ' ; ; L ' j d '! :!j! j: j ' 0 0! \ queston and submt the queston for determnaton by the Drector of Revenue and Taxaton. (d) Whenever any queston s submtted for determnaton by the Drector of Revenue and Taxaton wthout formal hearng as stated n Subdvson (c) the Drector of Revenue and Taxaton shall have the rght upon the. ' request of the person whose prvlege of drvng s n queston or at hs own opton to re-open the queston and to take further evdence to change or to set asde any order heretofore made. (e) Falure to respond to a notce gven under Subdvson (a) or (b) hereof wthn ten (0) days shall be deemed a waver of the rght to a hearng and authorze the Drector of Revenue and Taxaton to take the acton wthout hearng; but n such case the Drector of Revenue and Taxaton shall have the rght upon the request of the person whose prvlege of drvng s n queston or at hs o\~ opton to set asde any order heretofore made or to gve a formal-hearng or an nformal hearng. (f) f a formal hearng s demanded the Drector of Revenue and Taxaton shall fx a tme and place for hearng as early as may be arranged and gve ten (0) days' notce of such hearng to the applcant or lcensee. (g) Hearngs shall be conducted by the Drector of Revenue and Taxaton or by a referee or hearng board apponted by hm from offcers or employees of the Department of Revenue and Taxaton. (h) At any hearng the Drector of Revenue and Taxaton shall consder the offcal records mantaned or kept by the Department of Revenue and Taxaton pursuant to law or fled wth the Deparrnent under the requrements - -

21 ..... ( \ j 0 0 ; ;: j! :! ':..! ' d ' t..;. ' \ ~ t. :' ~; ' '! : '! ' l of law and shall lkewse be enttled to receve as evdence ether at the hearng or subsquent thereto wth the consent of the applcant or lcensee and use as proof concernng any fact relatng to the ablty of the applcant or lcensee to operate a motor vehcle safely the followng materal n addton to sworn testmony presented n open hearng: ~ () Reports of attendng or examnng physcans. () Reports of specal nvestgators apponted by the Department of Revenue and Taxaton to nvestgate and report upon any scentfc or medcal queston () Properly authentcated reports of hosptal records excerpts from expert testmony receved by the Drector of Revenue and Taxaton or a hearng board upon smlar ssues of scentfc fact n other cases and the pror decsons of the Drector of Revenue and Taxaton upon such ssues. () Upon the concluson of the hearng the referee or board shall make fndngs on the matters under consderaton and recowmendatons may also be prepared and submtted to the Drector of Revenue and Taxaton. (j) The Drector of Revenue and Taxaton upon revew '. of the records evdence and of the fndngs ef any shall render hs decson concernng refusal of an operator's or chauffeur's lcense the mposng of terms or condtons of probaton or concernng the suspenson or r~yocaton of the prvlege of operatng a motor vehcle or of any operator's or chauffeur's lcense or n those cases n whch an acton has been prevously taken by the Department of Revenue and Taxaton the Drector of Revenue and - -

22 \ \ ~ 0 0 'j '! : ' q! ;.!: ~ j ; J : :!. ' d Taxaton shall render hs decson sustannr modfyng or revsng the order of suspenson or revocaton or the refusal to ssue a lcense or the order mdosnu.' ') terms or condtons of probaton or he mny sct asde the pror acton of the Department and drect that Drobat0n be granted to such person and fx the terms and condtons of such probaton. Tle decson of the D~ector of Revenue and Taxaton followng any formal hearn~ shall be fnal and not subject to modfcaton for one () year except where the cause for whch the acton was taken has been removed. (k) Nothng n ths Ttle shall be deemed to prevent a revew or other acton as may be permtted by the laws of Guam by a court of competent jursdcton wth reference to any order of the Drector of Revenue and Taxaton refusng cancellng suspendn~ or revokn~ a lcense. () The Department of Revenue and Taxaton shall fle every applcaton for lcense receved by t and mantan: () A sutable ndex contanng n alphabetcal order all applcatons dened and on each thereof note the reasons for such denal. () A sutable ndex contanng n aldhabetcal order all applcatons granted. () A sutable ndex contanng n alphabetcal order the name of every lcensee whose lcense has been suspended or revoked by the Department or by a court and after each such name note the reasons for such acton and the perod of revocaton or suspenson. () The Department shall also fle all accdent reports and abstracts of court records of convctons..~ - - '

23 \ ; ;j ~ : ; receved under ths Code and n connecton therewth mantan convenent records or make sutable notatons n order that an ndvdual record of ' ': each lcensee showng the convctons of such lcensee and the traffc ncdents n whch he was nvolved shall be readly ascertanable. Secton. Secton of the Government Code of Guam s hereby amended to read as follows: 0 0! ;! ' '! :! ' '! r Secton. Safety nspecton requred. (a) Every motor vehcle traler sem-traler and pole or ppe dolly shall be nspected by the Department of Revenue and Taxaton and an offcal certfcate of safety nspecton and approval obtaned for each such vehcle as follows: () Upon an orgnal applcaton for regstraton. () Annually at such tme as desgnated by the Drector of Revenue and Taxaton by rules and \ regulatons. () Followng a collson or other accdent n whch such vehcle s nvolved f extensve repars are necesstated by such accdent. The offcer nvestgatng motor vehcle accdents s authorzed to remove the safety decalcoqana from the vehcle or vehcles nvolved thereon f such offcer beleves the vehcle damage s extensve enough to requre substantal repars. () Upon beng offered for sale as a used vehcle ntended to provde transportaton. No used motor vehcle may be sold except for parts or as scrap untl t shall have frst been gven the safety nspecton requred by ths secton and ts condton - -

24 ' ' \ l 0 0 ;' l l! :! :' '!!!!j :! '! approved by the Department. (b) Such nspecton shall determne whether the vehcle nspected meets all requrements as to equpment under ths Chapter and s n such safe condton as not to endanger the drver or any other person or property when drven or moved on any hghway..~ (c) n the event any vehcle s found on nspecton not to meet all requrements as to equpment under the Chapter or to be n unsafe condton a notce of such defcences shall be gven to the drver and the vehcle' shall be sutably dentfed by a decalcomana or other dentfcaton. No person shall thereafter operate such vehcle except as may be necessary to return such vehcle to the resdence or place of busness of the owner or drver or to a garage untl such defcences have been remeded; provded however that the drver may be requred to make temporary repars before beng permtted to proceed wth such vehcle. Every owned or drver upon recevng a notce of defcences shall remedy such defcences and wthn fve () days shall submt the vehcle for nspeqton by the Department of Revenue and Taxaton. (d) The Drector of Revenue and Taxaton s authorzed to suspend the regstraton of any motor vehcle traler sem-traler or pole or ppe dolly whch does not have a current certfcate of safety nspecton and approval or whch does not dsplay any requred decalcomana or other dentfcaton wth reference to nspecton status or whch s not submtted for further nspecton wthn fve () days after notce of defcences s gven pursuant to an annual nspecton. - -

25 : ~ Ḥ. f!' ;! s hereby amended to read as follows: j \ Secton. Secton of ele Government Code of Guam Secton. Regulatons: fee. (a) The of Revenue and Taxaton s hereby author zed to make Drector 0 0 j' ; ' j!!! ~:!' 0/ ' ; ' L 's ' '! ;!! necessary rules and regulatons subject to the approval of the Governor for the admnstraton and enforcement of nspectons requred under Secton ncludng desgnaton of the perod or perods of tme w~~n whch sad nspectons shall be made and for ele ssuance ~~d use of decalcomana or other dentfcaton to be attached to vehcles wth reference to nspecton status. (b) The Drector of Revenue and Taxaton may authorze the acceptance of a duly ssued and current decalcomana or other dentfcaton of the Armed Forces of the Unted States ssued n the terrtory of Guam and ndcatng a safety nspecton and approval by the Armed Forces n leu of nspecton by the Department of Revenue and Taxaton f such nspecton meets the requrements. of ths Chapter.. (c) A fee of Two Dollars ($.00) sha!'lbe 'charged for each such nspecton. All fees receved shall be depos ted n the General Fund of the Treasu'ry of Guam. Secton. Secton of the Government Code of Guam hereby amended to read as follows: n Secton. nspecton statons. { For the purpose of makng nspectons and ssung offcal certfcates of safety nspecton and approval the ~ Drector of Revenue and Taxaton may establsh 'such permanent or temporary statons and shall provde such equpment ether statonary or movable as he may deem necessary and sutable for such purposes and shall.. - -

26 \ \ - :; ' publcze the locaton of all statons or other places where and the tmes when nspectons may be made. Secton. Secton of the Government Code of Guam ::s hereby anended to read as follows: ; Secton. Prohbtons. (a) Except as may 0 ;!.!! :!! '. : othe~~se be authorzed under ths Ttle no person shall operate any motor vehcle traler sem-traler or pole or ppe dolly whch does not have a current offcal certfcate of safety nspecton and approval or does not dsplay any requred decalcomana or other dentfcaton wth reference to nspecton status. Any person volatng ths provson shall be subject to ctaton and a penalty of Ten ($0) Dollars. (b) No person other than a duly authorzed offcer or employee of the Department of Revenue and Taxaton shall ssue a certfcate of safety nspecton and approval or any requred decalcomana or other dentfcaton wth reference to nspecton status. Secton. Secton of the Government Code of Guam!. s hereby amended to read as follows: Secton. Abandoned vehcles: removal: sale. (a) No person shall abandon a vehcle n a publc rght-of-way or upon publc property or upon prvate property wth the express or mpled consent of the owner or person n lawful possesson or control of such prvate property. 0 ; (b) Any peace offcer who has reasonable grounds to beleve that a vehcle has been abandoned may remove or order a lcensed garage man to remove the vehcle from publc or prvate property. Such vehcle shall be stored n ether a polce parkn area or garage or a lcensed - -

27 .. \ \ - ' - J : publc garage f! j! : : ;! l ' ' : : : :. '! - :. l /: - (c) Wthn a reasonable tme after an abandoned vehcle has been removed and stored the Drector of Revenue and Taxaton shall send a notce by certfed mal of the removal and storage to the owner or legal owner f any as shown n the records of the Department of Revenue and Taxaton Dvson of Lcense and Regstraton. The O\vner or legal o\'mer shall have ten (0) days after the malng of the notce to reclam such vehcle upon payment of all accrued towng and storage charges. (d) f such vehcle s not reclamed wthn the ten (0) day perod above provded the Drector of Revenue and Taxaton or hs authorzed representatve shall apprase the vehcle. f the vehcle s apprased at a value of One Hundred ($00.00) Dollars or less the Drector of Revenue and Taxaton may sell such vehcle to any lcensed junk dealer wthout the necessty of publc sale. Any such sale shall be for junk or salvage purposes only and not for further regstraton operaton as a vehcle. f the vehcle s apprased at a value exceedng One Hundred ($00.00) Dollars the Drector of Revenue and Taxaton may sell such vehcle at publc sale after gvng ten (0) days notce of the sale n a newspaper of general crculaton n Guam. The proceeds of sale shall be remtted to the General Fund. Any balance after deducton for the cost of sale towng and storage charges shall be pad to the owner or legal owners of such vehcle provded a clam s made therefor wthn sx () months after the sale. t Secton. Secton of the Government Code of Guam - -~ - -!!

28 .- ~ ---- ; ;'. 0 0 : : s hereby amended to read as follows: ;. Secton. Lcense plates.! ;!;! (a) Upon regsterng a vehcle the Department of Revenue and Taxaton shall ssue to the owner two lcense plates (one front and one rear) for a motor vehcle other than a motorcycle or power cycle and one lcense plate for all other vehcles requred to be regstered by ths Ttle. Such plates. shall dentfy the vehcles for whch they are ssued ' '. ~ ' d l ; '! for the perod of ther valdty. (c) Lcense plates shall be rectangular n shape and such sze as the Drector of Revenue and Taxaton may determne. (b) Ev~ry lcense plate shall have dsplayed upon t the regstraton number assgned to the vehcle for whch t s ssued together wth the word 'Guam' and the year number for whch t s ssued or a sutable devce ssued by the Department for valdaton purposes whch devce shall contan the year number for whch ssued. Upon orgnally regsterng a vehcle and at annual re-regstraton of such vehcles the Department shall ssue to the owner sutable plates ordevces ndcatng such annual regstraton whch shall be attached to the vehcle as provded n ths<ttle. ';. Secton. Secton of the Government Code of Guam s hereby amended to read as follows: \ NotwthBtandng \ : Secton. Lcense plates. \ \! other provsons of law except the provson~ t any Secton 0 of ths Code the Department of Revenue and Taxaton shall ssue b~o () lcense plates one () lcense plate to be affxed to the rear of the vehcle and one () lcense plate to be affxed to the front of the vehcle. \ provsons of la\relatng to 'lcense \ - - \- '!'.

29 /' :...;.. J. --- ;.. J: plates not n conflct wtl ths secton shall contnue! n effect. Secton. Sectons through shall take effect. nnety (0) days followng enactment of ths Act. Secton j: : shall take effect mmedate.. -! jl! ' : :.. Ị ' j...~ '