JUN Dear kgislative Secretary Brown:

Transcription

1 JUN The Honorable Joanne M. S. Brown Legislative Secretary I Mina'Bente Sais na Liheslatusan Guahan Twenty-Sixth Guam Legislature Suite Aspinal Street Hagitiia, Guam Dear kgislative Secretary Brown: Enclosed plcase find Bill No. 236 (LS) "AN ACT TO AMEND $ AND 4107 OF TITLE 4 OF THE GUAM CODE ANNOTATED, RELATIVE TO PATERNITY AND MATERNITY LEAVE" which was signed into law as Public Law No Very truly yours,!.. ~~ Carl T. C. Guticrrez 1 Maga'Lahen Guahan Governor of Guam Attachments: original hill for vctocd legislation or copy of bill for signed or ovesriddcn legislation and legislation enacted without signature cc: The Honorable Antonio K. Unpingco Speaker

2 MINA'BENTE SAIS NA LIHESLATURAN GUAHAN 2002 (SECOND) Regular Session Th~s IS to cert~fy that Bill No. 2% (LS),"AN ACT TO AMEND AND 4107 OF TITLE 4 OF THE GUAM CODE ANNOTATED, IiELATIVE TO PATERNITY AND MATERNITY LEAVE," was oli the 17"' day of May, 2002, duly and regularly passed. AN ON10 R. UNPINGCO if Speaker Senator and Legislative Secretary Th~s Act was recaved by I Mii,yn ltil~eri Giiiiill7n this &':&,I d;ly of i$&e,2002, at,//.'i?( orclock -(1 -~.M. AI'PROVED:,/.I q?f,;>l ~~5,- Assistant Staff Officer Magi7'lahi's Office T&, -,'- Date: L CARL T. C. GUTIERREZ I Maga'lake~ Gtiiihan J' /,q c 2 9~;'~ /( :q' Public Law No. ~-

3 Bill No. 236 (LS) As amended. MINA~BENTE SAIS NA LIHESLATURAN GUAHAN 2001 (FIRST) Regular Session lntroduced by: V. C. Pangelinan L. A. Leon Guerrero JTon Pat J. F. Ada T. C. Ada F. 6. Aguon, Jr. J. M.S. Brown E. B. Calvo F. P. Camacho M. C. Charfauros Mark Forbes L. F. Kasperbauer K. S. Moylan A. l..c;. Santos A. R. Unpingco AN ACT TO AMEND $ AND 4107 OF TITLE 4 OF THE GUAM CODE ANNOTATED, RELATIVE TO PATERNITY AND MATERNITY LEAVE. 1 BE IT ENACTED BY THE PEOPLE OF GUAM: 2 Section 1. Legislative Findings and Intent. I Liheslaturan Guihan 3 finds that the childbirth experience must be sliare~i by bofh the father and the 4 mother. Although the father is?lot the individual who endures the pains of 5 childbirth labor, his presence, particularly his care and support, is much 6 needed by the mother of his child(ren) before, during and after childbirth. 7 Similarly, the infant born needs the attention of the ~lifarit's fdther.

4 Therefore, it is the intent of I Lihcslnturnrl GlciTilun to provide fathers with similar provisions outlined under the maternity le'lve law, 4 G.C.A Section 2. Section of Article 1, Chapter 4 of Title 4 of the Guam Code Annotated is hereb\- nirlendcd to read as follows: "Section Paternity Leave. Paternity leave shall be granted to a male cmployee occupying a permanent position upon the birth or adoption of his child(ren). Such paternity leave shall not exceed twenty (20) days, encompassing the date ot childbirth or adoption of a child(ren) five (5) years old or younger. Any additional leave taken for such purpose may be charged against accumulated sick leave, or may be unpaid leave, at the option of the emplo\.ee. Total leave, whether paternity, sick or unpaid leave shall izot exceed six (6) months without approval of the employee's supervisor." Section 3. Section 4107 of Article 1, Chapter 4 of Title 4 of the Guam Code Annotated is herebv airzended to read as follo\vs: "Section Maternity Leave. Maternity leave shall be granted to a female employee occupving a permanent position who is absent from work as a result of childbirth or adoption of a child(ren) five (5) years old or younger. Such maternity leave shall not exceed twenty (20) days, encompassing the date of childbirth or adoption. Anv additional leave taken for such childbirth or adoption purpose may be charged against accumulated sick leave, or niay be unpaid leave, at the option of the employee. Total leave, whether maternity, sick or unpaid

5 1 leave, shall izot i,sceed six (6) months without approval of the 2 employee's supen~isor." 3 Section4. Severability. If any provision of this Law or its 4 application to any person or circumstance is found to be invalid or contrary to 5 law, such invalidity shall izot affect other provisions or applications of this 6 Law which can be given effect without the invalid provisions or application, 7 and to this end the provisions of this Law are severable.

6 Bill NO. I MINA' BENTE SAlS NA LIHESLATURAN GUAHAN a 36 (LsJ Resolution No. Question: (SECOND) Regular Session VOTING SHEET Date: f/7/db e E ADA, Joseph F. ADA, Thomas C. AGUON, Frank B., Jr. BROWN, Joanne M. S. -- YEAS / / 1/ I/' - NOT VOTING! ABSTAINED - OUT DURING RW!&C&L ABSENT -- CALVO, Eddie B. CHARFAUROS, Mark C. FORBES. Mark / KASPERSAUER, Lawrence F. / LEON GUERRERO. Lourdes A. J MOYLAR. Kaleo S. J 11 PANGELINAN, Vicente C. SANTGS. Angel L.G. UNPINGCO, Antonio R. WON PAT, Judith T. J ---- I1 TOTAL CERTIFIED TRUE AND CORRECT. Clerk of the Legislature * 3 Passes = No vote EA - Excused Absencz

7 ~ - ~~~ ~~~~ ~ ~~ ~ -~~ ~~~ - ~ ~ ~--~ ~~~ ~ ~~~~~ I 3MIVN - ~~ ~-~~ ~~~~ ~ ~ -- ~ ~ ~~~ ~ ~ ~--. ~ ~ ~. i - -- ~. ~~. ~..-.~. -. ~~~ ~~ ~~ ~- ~~ ~- -- -~ ~ -~ ~-~ - ~ ~ L3VLN03 N1 LON N3.I.I.IUM ~ NOILVZINV3UO

8 MINA ' - knte SAIS NA LEE:,ATURAN G U W I(urn~rchan.~eM;lamrnro. Hinanao Gubernamenton Hinirit. kiotma yan Rinurba. yan.isunton Fidirit,Taotao Hi).onp, van Hinirit ~- - Senadol Mark Forbtss. Gel~ilu Kabisiyon hfayurrit WAIVER OF FISCAL NOTE In accordance with s9105 'Title 2 GCA, I hereby certify that prompt committee action on Bill 236 is necessary to the proper conduct of legislative business. Therefore, I am waiving requirement of a tiscal note on Bill 236. Chairma Commit if e on Rules, General Governmental Operations, Reorganization and Reform, and Federal, Foreign 'ind General Operations

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10 E&/,m Gamma-"P*. muoa*rlk*ojtd~ml mona~iidjeb%s.m,rp rnf+bpyhbrh * & M, & r n k ~ - m.s, h l r g Fcr $== tmr. -11 ~orrrrd ~nmbn. ~ 7 - m z COMMITTEE ON PUBLIC WO1KS. WlH*MHVN31~c*B Yghik+rgmDR*Pam.lm 25 8 lkkm~pblc+m GlldhadhMdrCoM KGP-W CHANNEL 12 BOARD OF lwsle5 5 pm h. 24. KGlF hda pm h 25. hildmrg I I l.asl..tnar Fa -1 -a. dl 473~ We've got the time to make it grow! arnmmn.emardb.k,k~ da 0 Kib. Mavm 5 Mab, ij~ hmlh WHiods hnpdedsvmb,i~ ih Mw. h -. d AW hhmls.acna.hdk3b)db~ hm: * R w. lmrso Maghu. ~ d &. k k k, b + t R, b b.geage hlm. RabbW8m.h i m ( p G d ~. b d m h, kqammbm.rriordh,~ I~rnlrnr, rpomhm beating. Eiuoben bm~.wbuntm.u8n l-gfnw,tnlbetamgo.~ i...+d+~*rbrb~ bhmdediedan.6kbs.- h & # W b &. E r m T ~, +Tmn *. M-.o bimm.cmg P w b e m. O m O. ~, h C w, hn ED ixodl, Dad 1 Borp.holPEDdb~lxonsd~ &M~.dRUdsie And one thing's for sure... Your money is safe in a Bank of BUIMB(IAL OPEIUTKM. REC~GA~ N U J Y X l M m ~ * M ~ ~ Guam Savings Account. You also know that it's getting a rate ILlFaaGN*M-UFm of interest it deserves. and the growing season for your Rank of wr bnw I O O ~ lor ~jb~ bhmn~mummi,hqgmo Guam Savings Account is year round! ~,lb 163.~~ ,~~2dz~, ' Ilo Minimum Deposif No Mu, Charge No Minimum hlam* ' bm' ATM Cad is yours for convenient 24hour, 7 hysa-week access to your money in G U ~ Saipan,, Tinian. Rota, Belau. Chuuk, Pohnpei and San Francisco, as well as to over 340,000 Cirrus ATM locations worldwide. Don't I* your money slip aw ay... ~ m w it on rmed interest in a Bank of Guam Savings Account. mnhmohnhwngdmbrdgmnrn bacrndirsadkph-dnd~

11 ~ - MINA ' ~ENTE SAIS NA LIKE 2ATURAN GU- Kurnlrrhxn.ireklamenro. Hinanao Gubcmm~enton HinirBt, Rifatma )'an?an Asunron Fidirit,Taotao H~yong van Hie1 finueba. Senadot Mark Forbes, Gebilri Kabisiyotl nfayurcit Speaker Antonio R. Unpingco I hlina' Bente Sais Na Liheslatura~i Guahan 155 f-iesler Street H,~S;itiia, Guam Dcar Mr. Speaker: Thr. Committee on Rules, General Govermnental Operations, Reorganization and Reform, and Federal, Foreign anti General Affairs, to which Bill KO was referred, wishes to repolt its findings and recommendations TO DO PASS BILL NO. 236: "An Act To Amend Of Title 4, Guam Code Annotated, Relative To Paternitv Leave." The voting record is as follows: TO PASS NOT TO PASS b d ABSTAIN -8- TO PLACE IN INACTIVE FILE -8- TO REPORT OUT Cop~es of the Committee Report and other pertinent documents are attached. Thank you and si Yu'os ma'ase for \,our attention to this matter. - ~ T"I^-L 155 Hesler Street, HagaMa, Guam L7, ""l,"n","nolr.ll r 'I r. 3 " - - '.,. -.

12 ~ p~ MINA ' ENTE SAIS NA LIHEf,ATURAN GU- Kum~rchan.%rrlclamento, Hinanao Gubrrnarnrnton HinirBt.Riforma van hnueba. van hsunron Fidirit.Taota0 H~yong ~- yan Hinirit Senadot Mark Forbes. GeI~iht Kabisiyon.%ln-yzrrrit MEMORANDUM TO: Committee hlembers SUBJECT: Committee heport- BILL NO. 236: "An Act To Amend Of Title 4, Guam Code Annotated, Relative To Paternitv Leal-c." Transmitted herewith for vour information and action is the report on Bill No. 236 from the Committee on Rules, General Governmental Operations, Reorganization and Reform, and Fcderal, Foreign and Gcneral Affairs. This melnorandurn is accompanied by the lollowing: 1. Committee Voting Sheet 2. Committee Report 3. Bill No Public Hearing Sign-in Sheet -. Fiscal Note/Fiscal Note Waiver 6. Notice of Public Hearing Plcase take the appropriate action on the attached voting sheet. Your attention and cooperation in this matter is greatly appreciated. Should vou have any quest~ons ~zgarding the report or accompanying documents, please do not he51tnte to contact me Th'ink you and si Yu'os ma'ase MARK FORBES -. >, Hesier Street, Hagitiia, Guam 96910,--",*-,.**,-.a

13 1 Committee on Rules, General ~overnmental Operations, Reorzan~~ation and Reform, and Federal, Foreign and General Affairs I Mina' Bente Sais Na Liheslaturan Guihan Voting Record BIL.1- NO. 236: "An Act To Amend Of Title 4, Guam Code Annotated, Relative To Paternity Leave." TO NOT TO TO INACTIVE I<IIPORT PASS ABSTAIN FILE LJ J L.0' Eddie B. Calvo, Member Felix P. Camacho. Member Kalzo S. Moylan, Member Antonlo R. Unpingco, Ex-Ofirro lvli~rrlhrr Thomas C. Ada, Member a -3 Lou A. Leon Guerrero, Member V ~ C ~ Pangelinan, C. Member J

14 COMMITTEE ON RULES, GENERAL GOVERNMENTAL OPERATIONS, REORGANIZATION AND REFORM, AND FEDERAL, FOREIGN AND GENERAL AFFAIRS SENATOR MARK FORBES, CHAIRMAN COMMITTEE REPORT ON BILL NO. 236 "AN ACT TO AMEND fj OF TITLE 4, GUAM CODE ANNOTATED, RELATIVE TO PATERNITY LEAVE."

15 I. OVERVIEW The Committee on Rules, General Governmental Operations, Reorganization and Reform, and Federal, Foreign and General Affairs held a public hearing at 10 a.m. on January 25,2002 in the Public Hearing Room, I Liheslaturan Guahan. Public notice was given in the Thursday, January 24, 2002 and Friday, January 25,2002 editic~ns of the Pacific Dailv News. Senators present at the public hearing were: Senator Mark Forbes, Chairn~an Senator Larry Kasperbauer, klember Senator Lou Leon Guerrero, hlember Senator Ben Pangelinan, Melitber Senator Frank Aguon, Jr. 11. SUMMARY OF TESTIMONY Indi\~lduals appearing before the Colnmittee to present oral and \vritten testimony on the bill are as follows. There were no oral or written testimonies on the bill 111. FINDINGS AND RECOMMENDATION The Committee on Rules, General Governmental Operations, Reorganization and Reform, and Federal, Foreign and General Affairs finds that Bill No. 236 is intended to provide the mutual experience of parental care for fathers under the Maternity Leave Law. This act also makes adoption inclusive in the Paternity Leave La\\. in and changes the allowable leave time for nurturance by both parents upon childbirth or,~iioption. Accordingly, the Committee on Rules, General Governmental Operations, Reorganization and Reform, and Federal, Foreign and General Affairs, to which Bill No. 236 was referred does hereby submit its findings and recommendations to I Mina' Bente Sais Na Liheslaturan Guahan TO DO PASS BILL NO. 236, "An Act To Amend s Of Title 4, Guam Code Annotated, Relative To Paternity Leave."

16 MINA ' PTNTE SAIS NA LIKESTATURAN GU- Kumitcl~an Arelilamento, Hinanao Gubetnamenton Hinirit, Rfotma yan hnueba, Senadof Mark Forbes. Gehilu 2 4 JAN 2002 MEMORANDUM TO: Chairman 'Rules, Gcneral Governmental Operations, Reorganization and ederal, Foreign and General Affairs FROhl SUBJECT: Chairman Ccneral Governmental Operat~ons, Reorganization and Reform, and Federal, Foreign aid General Affairs Principal Referral - Bill No. 236 (LS) The above bill is referred to vour Committee as the Principal Coinmittee, in accordance with Section of the Standing Rulrs. >'our Committee is the Committee authorized to perform the public hearil-ig on this bill and to amend or substitute the bill, as well as report the bill out to the Bod!-. It is reco~nmcnded that you schedule a public hearing at your earliest convenience. Thank you for your attention to this matter. Attachment MARK FORBES 155 Hcsler Street, HagiMa, Guam Teleohone: AnXlil7.~.~~i~ii~. 671~77 cn?~. T-.:I r--~-.mr.i-. :I..-~

17 MINA'BENTE SAIS NA LIHESLATURAN GUAHAN 2001 (FIRST) Regular Session Bill No. - (- ) / Introcluced by: v.c. pangelina L.A. Leon Guerrero :!Ax ' Tudith Won Pat AN ACT TO AMEND s OF TITLE 4, GUAM CODE ANNOTATED, RELATIVE TO PATERNITY LEAVE. BE IT ENACTED BY THE PEOPLE OF GUAM: Section 1. Legislative Findings and Intent. I Liheslattlrnn Ctliihnn finds that childbirth experience must be shared by both the father and the mother. Although the t'ither is not the individuc~l who endures the pains of childbirth labor, his prixsence, particularly his care and support, is mucll needed by the mother of his child or cl~ildren before, during and after childbirth. Similarlv, the infant born needs the att?ntion of his or her father. Therefore, it is the intent of I Lil?cslatl.lran Guiilc~ii~ to provide fathers with similar provisions outlined under the Maternity 1.eave law, s4107 of Title 4, Guam Cocle Annotated. Section of Title 4, Guam Cocle Annotated, is hereby amended to read as follolvs: " Paternity Leave. Paternity leave shall be granted to a lnale employee occupying a permanent position upon the birth. adoption k; i-:- t&eeh of child or children. Such paternity lea1.e

18 sl~all not exceed y fi;.c t n e 15: w t ] (20) davs encornp,~ssir~g - the date of childbirth or adoption. Any additional leave t;iken for such purpose may be charged against accumulated sick leave, or may be unpaid leave at the option of the, employee. Total lc;i\.e, whether paternitv, sick or unpaid leave shall not exceed +we six (2) supervisor." ~nonths without appl.ova1 of the employee's Section 3. Severability. If any provision of this Law or its application to any person or circumstance is found to be invalid or contrary to law, such invalidity shall ilof affect other provisions or applications of this Law which can be given effect ~vithouthe invalid provisions or applicatioil, and to this end the prox:isions of this Law are severable.