Ms. Patricia C. Santos Clerk of the Legislature. Senator Rory J. Respicio fovv" Chairperson, Committeejm Rules

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1 COMMITTEE ON RULES I Mina'Trenta na Liheslaturan Guahan 30th Guam Legislature 155 Hesler Place, Hagatiia, Guam rel: (67 1) fux: (671) roryforguam@gmail.com RORYJ. RESPICIO CHAIRPERSON Judith P. Guthertz VICE CHAIRPERSON MAJORITY MEMBERS: Judith T. Won Pat SPEAKER Benjamin J. R Cruz VICE SPEAKER Tma Rose Mufia Barnes LEGISLATIVE SECRETARY Thomas C. Ada Frank B. Aguon, Jr. Adolpho B. Palacios, Sr. Vicente C. PangeUnan Matthew Rector MINORITY MEMBERS: Frank F. Bias, Jr. January 20, 2010 Memorandum To: From: Subject: Ms. Patricia C. Santos Clerk of the Legislature Senator Rory J. Respicio fovv" Chairperson, Committeejm Rules Supplement to Committee Report on Bill No (COR) As Substituted Transmitted herewith, at the request of Senator Adolpho B. Palacios, Chairperson of the Committee on Public Safety, Law Enforcement and Senior Citizens, is a supplement to the Committee Report on Bill No (COR) As Substituted, which was filed on January 14, This supplement includes a corrected version of Bill No (COR As Substituted, which will also be electronically transmitted to your office. As Senator Palacio states, this corrected version is identical in substance to the previously submitted version, except it removes unnecessary mark-ups. Please ensure a hard copy of this corrected version replaces the previously submitted version in the senators' Second Reading File. Please file accordingly and forward to MIS for posting on the Legislature's website. Si Yu'os ma'iise! James V. Espaldon cc: Senator Adolpha B. Palacios, Sr., Committee Chairperson. Senator Thomas C. Ada, Bill Sponsor,,:;:.,_; n< t; ' i? '~ rj L ;,.'; D (; ;a t U i...:::kj'jovvledcem EN'"f. i: <: ~~'.., ' :':c ei ~:ecl by: A<-- -,. ; : :,,.( "l.e : 1-';_j_cr.a,.._ ~ --~... i~ --~ ~ -io

2 COMMITTEE ON RULES I Mina'Trenta na Liheslaturan Guahan 30th Guam Legislature 155 Hesler Place, Hagatfia, Guam tel: (671) fax: (671) roryforguam@gmail.com RORYJ. RESPICIO CHAJRPERSON Judith P. Guthertz VICE CHAJRPERSON MAJORITY MEMBERS: Judith T. Won Pat SPEAKER Benjamin J. F. Cruz VICE SPEAKER Tina Rose Mufta Barnes LEGISLATIVE SECRETARY Thomas C. Ada Frank B. Aguon, Jr. Adolpho B. Palacios, Sr. Vicente C. Pangelinan Supplement to the Committee Report on Bill No (COR) As Substituted by the Committee on Public Safety, Law Enforcement and Senior Citizens Matthew Rector MINORITY MEMBERS: Frank F. Bias, Jr. James V. Espaldon

3 '' COMMfiTEE ON PuBUC SAFETY, LAW ENFORCEMENT 8c SENIOR CmZENS I Mina'Trenta na Liheslaturan Guahan ADOLPHO B. PALACIOS, SR. Chairman Thirtieth Guam Legislature January 20, 2010 Committee on Public Safety, Low Enlor<ement & Senior Citirens s: MEMORANDUM Senator Adolpha B. Palados, Sr. Chairman Senator Ray Tenorio Vice Chairman Speaker Judith T. Won Pot Senator Thomas C. Ado Senator Frank B. Aguon, Jr. Senator Mott Rector TO: FROM: SUBJECT: Senator Rory J. Respicio, Chairperson, Committee on Rules, Natural Resources and Federal, Foreign & Micronesian Affairs Senator Adolpho B. Palacios, Sr., Chairperso~~tee on Public Safety, Law Enforcement & Senior Citizens fi.p~ Request to add a supplement to the Committee Report for Bill No (COR). Senator Edward J.B. Calvo Senator James V. Espoldon Other Committee ship: Vice Chairman, Committee on Economic Development, Health and Human Services, & Judiciary Vice Chairman, Committee on Utilities, T runspartation, Public Works, & Veterans Affairs The version of Substitute Bill No (COR) included in its Committee Report contains extraneous mark-ups. I respectfully request that the attached, corrected version of Substitute Bill No (COR) be included as a supplement to the Committee Report. This corrected version is identical in substance to the previous version, but it properly removes the unnecessary mark-ups. Attached: Substitute Bill [correct version] Vice Chairman, Committee on Labor, the Public Structure, Public Libraries & Technology, Committee on Rules, Committee on Education Office/Mailing Address:!55/lester Pl., Hagatna GU Telephone No. (671) Fax No. (671) 472-SfJ22 SenABPalacio.Y-/vgmaiLcom I - z_v -f'd. r-::-y... ".. -~ ~=)'(-? ~ D--.

4 I MINA'TRENTA NA LIHESLATURAN GUAIIAN 2009 (FIRST) Regular Session Bill No. 255 (COR) As substituted by the Committee on Public Safety, Law Enforcement, and Senior Citizens** Introduced by: T. C. Ada T. R. Mufia-Barnes A. B. Palacios, Sr. AN ACT TO REPEAL AND REENACT 3346 OF CHAPTER 3, TITLE 16, GUAM CODE ANNOTATED, AND TO ADD A NEW OF CHAPTER 3, TITLE 16, GUAM CODE ANNOTATED, RELATIVE TO RESTRICTING THE USE OF MOBILE PHONES AND MOBILE SERVICE DEVICES WHILE OPERATING A VEIDCLE AND PROVIDING FOR PUBLIC EDUCATION REQUIREMENTS REGARDING SUCH RESTRICTIONS. 1 BE IT ENACTED BY THE PEOPLE OF GUAM: 2 Section 1. Legislative Findings. I Liheslaturan Guahan finds that distracted 3 driving poses a real and significant danger to the public. Studies show that using a 4 mobile phone (more commonly referred to as a "cell phone") while driving increases the 5 risk of collision six-fold, and that driver impairment while using a mobile phone is equal 6 to that of driving with a blood alcohol content in excess of 0.08 percent. Evidence of 7 such dangers are substantial, and have prompted the National Highway Traffic Safety 8 Administration to state that using a mobile phone while driving can pose a "serious 9 cognitive distraction and degrade driver performance." 10 Recognizing these dangers, IMina 'Bente Nuebi Na Liheslaturan Guahan passed 11 Speaker Unpingco's SBill No. 78 (LS), relative to prohibiting "texting" while driving. 1

5 1 Once signed into law as P.L , this legal statute took the first step toward making 2 Guam's highways safer. 3 I Liheslaturan Guahan, in order to continue the late Speaker Unpingco's efforts to 4 improve traffic safety for all of Guam's residents, fmds it necessary to further prohibit the 5 use of mobile phones and mobile service devices by bus drivers and drivers with 6 Learner's Permits and Intermediate Licenses, and to provide guidelines by which adult 7 drivers with full licenses may use mobile phones with hands-free configurations. 8 Commercial truck drivers and emergency responders are excluded from certain 9 restrictions of this act in the course of their duties, as are FCC licensed operators of two- 10 way mobile radios (commonly known as Ham radios). 11 Section of Chapter 3, Title 16, Guam Code Annotated, is hereby 12 repealed and reenacted to read as follows: 13 " Restrictions on the Use of Mobile Phones and Mobile Service 14 Devices While Driving. 15 a. For the purposes of this section, the following terms are defined as such: A commercial mobile radio service means an FCC designated 17 carrier or licensee whose wireless network is connected to the 18 public switched telephone network or is operated for profit. 19 n. An electronic message means any text-based digital 20 communication, including, but not limited to, electronic mail, text- 21 based chat, Short Message Service (SMS), Multimedia Messaging 22 Service (MMS), and other forms oftexting. 2

6 iii. Full-duplex means the ability for two or more electronic devices to communicate with each other, in both directions, simultaneously. iv. Half-duplex means the ability for two or more electronic devices to communicate with each other, but in only one direction at a time (not simultaneously). For the purposes of this section, the definition of half-duplex is inclusive of simplex technology, provided that such technology permits for only voice communication in one direction at a time. v. A highway is defined by II 02(m) of Title I6, Guam Code Annotated. vi. A mobile phone means a portable electronic device that provides full duplex wireless voice or data communication. vii. A mobile service device means an apparatus used to provide portable telecommunication services. This definition includes, but is not limited to, a broadband personal communication device, handheld device or laptop computer with mobile data access, pager, and two-way messaging device. 18 vm. A vehicle is defmed by II 02( oo) of Title I6, Guam Code b. Annotated. It is unlawful for a person to read, write, or send electronic messages while operating a vehicle. 3

7 c. It is unlawful for a person to use a mobile phone or mobile service device for voice-based communication while operating a vehicle on any highway. This restriction shall not apply under any of the following circumstances: 1. The person is making an emergency call to 911; or, n. The person is using only a half-duplex device that does not require, and is not held in, immediate proximity to the ear of the user; or, iii. The person is using only two-way mobile radio transmitters or receivers and possesses a current, valid license from the Federal Communications Commission in the Amateur Radio Service; or, 1v. The person is using only a mobile phone that is specifically designed and configured to allow hands-free listening and talking and is used only in that manner while driving. Should an earpiece be utilized as part of the hands-free talking device, only one such earpiece may be used by the person; medically prescribed hearing aids are not to be counted against the one earpiece limit. d. The exemptions outlined in subsections (c.i) through (c.iv) of this section shall not apply to an individual who does not possess a valid Driver's License. For the purposes of this section, a Learner's Permit or an Intermediate License shall not constitute a Driver's License. e. Any person who violates the provisions of subsection (b), (c), or (d) of this Section is guilty of a violation and shall be punished by a fine no less than Two Hundred and Fifty Dollars ($250), but not to exceed Five Hundred Dollars ($500). A repeat conviction of this section shall be punished by a 4

8 1 fine no less than Five Hundred Dollars ($500), but not to exceed Nine 2 Hundred Dollars ($900). However, should a person be found to have 3 violated the provisions of this Section in the course of causing an accident, 4 then she or he is guilty of a violation and shall be punished by a fme no 5 less than One Thousand Dollars ($1,000). 6 f. Notwithstanding the provisions of 9502 of Chapter 9.5 of Title 7, Guam 7 Code Annotated, all fines collected under this Section shall be deposited 8 into the Police Services Fund and made available by appropriation by I 9 Liheslaturan Guahan." 10 Section 3, A new of Chapter 3, Title 16, Guam Code Annotated, is 11 hereby added to read as follows: 12 " Public Education Regarding Restrictions on the Use of Mobile 13 Phones and Mobile Service Devices While Driving. 14 a. Within Ninety (90) days following enactment of this Act, businesses 15 providing either commercial mobile radio services or vehicle insurance 16 shall send a one-time mailing to all current customers with written 17 information adequately summarizing restrictions on the use of mobile 18 phones and mobile service devices while driving, as outlined in 3346 of 19 Chapter 3, Title 16, Guam Code Annotated. Additionally, businesses 20 providing either commercial mobile radio services or vehicle insurance 21 are required to provide such adequately summarized written information 22 to all new customers following the enactment of this Act, and to also 23 include such information continuously on their respective websites. 5

9 1 b. The Department of Revenue and Taxation, Motor Vehicle Division shall 2 provide all applicants for a Learner's Permit, Intermediate License, or 3 Drivers License, whether new or renewing, with written information 4 adequately summarizing restrictions on the use of mobile phones and 5 mobile service devices while driving, as outlined in 3346 of Chapter 3, 6 Title 16, Guam Code Annotated. Drivers License exams shall also test on 7 the subject matter of distracted driving. 8 c. Any business entity registered with the Department of Revenue and 9 Taxation who sells, leases, or rents vehicles must provide every customer 10 with written information adequately summarizing restrictions on the use of 11 mobile phones and mobile service devices while driving, as outlined in of Chapter 3, Title 16, Guam Code Annotated." 13 Section 4. Effective Date. This Act shall be effective 90 days from the date of 14 enactment. 6