SENA.IDR BENJA\1!N J.F. CRUZ. v1CE SPl-:~R Chaumn Commttee on Gener.tl Govenrn.'ft ~crt>

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October 28, 2013

The Honorable Judith T. Won Pat

Speaker I Mina' Trentai Dos Na Liheslaturan Gui'Jhan 32"; Guam Legislature

155 Hesler Place Hag~tf\a, Guam 96910

VIA: The Honorable Rory J Respicio

Chairperson, Committee on Rulr

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RE: Committee Report on Bill No. 75·32 {LS). as Substituted

Dear Speaker Won Pat:

Transmitted herewith is the Report of the Committee on General Government Operations and Cultural Affairs

on Bill No. 75-32 (LS), as Substituted-T.R. Muna Barnes I M.F.Q. San Nicolas I B.T. McCreadle -An act to a

new Article 8 to Chapter 3 of Title 16 Guam Code Annotated, relative to prohibiting aggressive panhandling

and panhandling at specified locations in Guam to be known as the "Aggressive Panhandling Act of 2013"

Committee votes are as follows:

i TO DO PASS

TO NOT PASS

TO REPORT OUT ONLY

TO ABSTAIN

TO PLACE IN INACTIVE FILE

1

Sbe\ATOR BENJAMIN J.E CRU/~ VICE SPEAKER C-hJ.innart Conmitter on Gcr1eral ~'1\.-an."'lttt ~lit'l1~<;

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COMMITTEE REPORT

ON

Bill No. 75-32 (LS), as Substituted - T.R. Muiia Barnes I M.F.Q. San Nicolas I B.T. Mccreadie - An act to a new Article 8 to Chapter 3 of Title 16 Guam Code Annotated, relative to prohibiting aggressive panhandling and panhandling at specified locations in Guam to be known as the "Aggressive Panhandling Act of 2013"

Sb'NATOR BEN.IA.MN J.F CRLZ, VICE SPEAKER Chairman, C,enwiitce on (kneml Gtivm:mt_"flt (Jperatn:>-"

a:J::l Cu1tmi!Aifmr.< Webh!dreJs. \\."'<\'\Y.~;Jill.;.TbjcruzC("'ft'.

October 28, 2013

MEMORANDUM

TO: All Members

FROM: Vice Speaker Benjamin J.F. Cruz

J AflJ\:,-1 'TRFJV'D4l IXJS }~'.'-4 !Jlfl£~V-'ITTJRA;V (JU4ff/u\! The 32nd C't.IDJt', I ,egl">lilttxe • 1etmti~~u'l!Orl:ijcn!l.com

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SUBJECT: Committee Report on Bill No. 75-32 (l5), as substituted

Transmitted herewith for your consideration is the Committee Report on Bill No. 75-32 (LS), as Substituted T.R. Muna Barnes I M.F.Q. San Nicolas/ B.T. Mccreadie -An act to a new Article 8 to Chapter 3 of Title 16 Guam Code Annotated, relative to prohibiting aggressive panhandling and panhandling at specified locations in Guam to be known as the "Aggressive Panhandling Act of 2013"

This report includes the following:

• Committee Vote Sheet • Committee Report Digest • Bill No. 75-32 (LS), as Substituted • Bill No. 75-32 (LS) • Public Hearing Sign-in Sheet • COR Referral of Bill No. 75-32 (LS) • Fiscal Note Requirement • Notices of Public Hearing • Public Hearing Agenda

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 do not hesitate to contact me.

Very truly yours,

/:;/ -<fL'f·-~---~-o:-tC/

~ ! I j~" '"'"·-,, .. ,L ' i

B~JAM!f' J.F. /Chairperson

SENAIDR BENJA.l'v!JN J.E CRUZ, \1CE SPEAKER OlllUID3r\. C-crmtittee oo Cknrntl (kwerrmerL ~m;

anl Cultwll Aff= Web~: www.sef\ftCfbJUULcatl

!MINA 'TRF2v'DlJ ros NA LJlfF)5LATUR4NGU4NAN The 32nd Guam l_egis:htl.re • sermor{~'6fril]CflL'.COIU

155 flesie<MOC£,l~ Gulrn%910 Tel~ (67i)4n252fYI. Fax (611)477-252:'.

COMMITTEE VOTING SHEET

Bill No. 75-32 (LS), as Substituted - T.R. Muna Barnes I M.F.Q. San Nicolas I B.T. McCreadie - An act to a new Article 8 to Chapter 3 of Title 16 Guam Code Annotated, relative to prohibiting aggressive panhandling and panhandling at specified locations in Guam to be known as the "Aggressive Panhandling Act of2013" R-- I

I OOMMITTU "'"''"

SIGNATURE TODO TO NOT TO TO TO PLACE IN I PASS PASS PORT ABSTAIN INACTIVE FILE I

OUT

j I ONLY

l-! I CRUZ, BENJAMIN J.F.

Chairperson -+ MUNA BARNES, TINA ROSE

I Vice-Chairperson

I WON PAT, JUDITH T. j Speaker and Ex-Officio I Member

' ADA, THOMAS C.

Member

PANGELINAN, C. VICENTE

Member ~~- v

RESPICIO, RORY J. '~ ;i:v_· I

Member I / IJ r,ffl -- . RODRIGUEZ, DENNIS G. JR.

---· + /

SENA!ORBENJAM1'l lE Cl1lll, VICE SPEAKER C"AlOOmi:!n, Comr.1ittce on Gt<r:cral Govcmrrer£ 0pct3:icnc;

arrl \:1ltural .AffBJ%

Web.~· """"r.vrenft:crtpuz:com

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Committee Report Digest

I. OVERVIEW

The Committee on General Government Operations and Cultural Affairs convened a public hearing on Friday, May 31, 2013, at I :00 p.m. in the Public Hearing Room qfl Liheslatura. Among the items on the agenda was the consideration was Bill No. 75-32 (LS) - T.R. Muna Barnes I M.F.Q. San Nicolas I B.T. McCrea die -An act to a new Article 8 to Chapter 3 of Title 16 Guam Code Annotated, relative to prohibiting aggressive panhandling and panhandling at specified locations in Guam to be known as the "Aggressive Panhandling Act of 2013"

Public Notice Requirements

AU legal requirements for public notices were met. with requests for publication sent to all media and all Senators on May 24. 2013, and May 29, 2013 via email. Copies of the hearing notices are appended to

the report.

Senators Present

Vice Speaker Benjamin .l.F. Cruz

Senator Vicente Pangelinan Senator Tina M ufia Barnes

Senator Dennis Rodriguez, Jr. Senator Michael Limtiaco

Senator Tony Ada

The public hearing wa~ called to order at I :05 p.m.

II. SUMMARY OF TESTIMONY AND DISCUSSION

Vice Speaker Benjamin J.F Cruz announced Bill No. 75-32 (LS) then called on Senator Barnes as its main

sponsor to make a statement.

Senator Barnes stated that public safety in relation to pedestrians and the operators of motor vehicles

and their passengers was a chief consideration in the introduction of Bill No. 75-32 (LS). Senator

Barnes said that an individual panhandling aggressively along roadsides is dangerous and that it may

harm them or the occupants in a motor vehicle. Senator Barnes noted that panhandling or soliciting

near bank ATM machines may pose a separate and distinct public safety hazard while creating a risk of

SENAlDR BENJAMJN J.F CRU?~ V1CE SPEAKER ChuIBnan, t~!eonGeneral G<w~ Q:xr.lti(tl.'5

an! Cu:u.a! Affiw,; Wd:'.~ 'V.''i.V>'i'-~j<xu:u:xro

!MINA 'TRENE4! [XJS NA LIHESL4IURAN GU4HAN The J?-lld Goom legi<;ll!llr< • """"°"~J.:=com

155 !bier Pill<>o, H~ Guan %9!0 Te!'fllr,n< (671)4n-25:tYJ • Fax (671)471-2522

fraud and duress. Senator Barnes stated that the intent of Bill No. 75-32 (LS) is to prevent aggressive

panhandling to protect residents from aggressive solicitation.

Senator Cruz noted that nobody had come to testify, but asserted that the record will be open for ten days so tbat residents may submit their testimonies.

Ill. FINDINGS AND RECOMMENDATION

The Committee on General Government Operations and Cultural Affairs notes that white no oral

testimony was provided at the measure's public hearing, concerns were raised regarding the potential

deletion of existing safety measures presently within the statute. As such, the Committee has made

minor changes in consultation with the author and other stakeholders to ensure the greatest amount

of safety possible. The substitute version attached hereto reflects these changes.

The Committee on General Government Operations and Cultural Affairs to which was referred Bill No.

75-32 (LS) - T.R. Muna Barnes I M.F.Q. San Nicolas I B.T. Mccreadie - An act to a new Article 8 to

Chapter 3 of Title 16 Guam Code Annotated, relative to prohibiting aggressive panhandling and

panhandling at specified locations in Guam to be known as the "Aggressive Panhandling Act of 2013"

hereby submits these findings to I Mina' Trento! Unu no Lihesfaturan Guiihan and reports out

Substitute Bill No. 75-32 (COR) with a recommendation TO DO PA.5:"5

l 1\f!NA'TRENTAI DOS NA IJHESLATURANGUAHAN 1

Introduced by:

2013 (FIRST) Regular Session

T .R. Muna Barnes 'it M.F.Q. San Nicol:;i.s ri~' B.T. McCreadiei'./~

AN ACT TO A NEW ARTICLE 8 TO CHAPTER 3 OF TITLE 16 GUAM CODE ANNOTATED, RELATIVE TO PROHIBITING AGGRESSIVE PANHANDLING AND PANHANDLING AT SPECIFIED LOCATIONS IN GUAM TO BE KNOVVN AS THE "AGGRESSIVE PANHANDLING ACT OF 2013".

l BE IT ENACTED BY THE PEOPLE OF GUAM:

2 Section 1. A New Article 8 is hereby added to Chapter 3 of Title 16

3 Guam Code Annotated to read:

4 "Article 8

5 Aggressive Panhandling Act of 2013.

6 §3800. Legislative Intent. Recognizing the public safety

7 hazards posed to both pedestrians and occupants and operators of motor

g vehicles alike by aggressive forms of panhandling, I Uhes/aturan Gucllwn

9 by this Act intends to prohibit such panhandling in and along the public

lO roadways of Guam. I Liheslaturan Gudhan finds that this Act is a

11 reasonable time, place. and manner regulation designed to address a specific

12 problem, namely, that individuals qeeking handouts from occupants of motor

l3 vehicll:'s on public roadways and other places are increasing the likelihood of

14 accidents potentially injurions to both pedestrians and motor vehicle

!5 occupants, as well as creating traffic congestion and other similar public

safety hazards. This Act properly balances constitutionally protected forms

2 of speech and other communicative acts of individuals and groups on the

3 one hand, and the legitimate content-neutral interests of the Government of

4 Guam on the other hand, particularly in view of public safety concerns and

5 the availability of ample alternative methods of non-aggressive forms of

6 panhandling in other more suitable public fora. There are substantial

7 differences in nature between public streets, kept open to and pulsing with

8 vehicular traffic, and other public fora including, but not limited lo, most

9 areas of sidewalks and publk parks. This Act does not affect other forms of

10 non-aggressive solicitation of funds such as door-to-door, telephone, and

11 mail solicitations, and does not restrict other types of speech such as oral

12 advocacy, distribution of literature, petitioning, picketing, and other similar

13 communicative acts that do not pose public safety hazards in the same

14 manner as panhandling in the form of active solicitation of funds from motor

15 vehicle occupants by persons in and along public roadways.

I 6 I Liheslaturan Guahan further finds that certain other types of face-to-

17 face solicitation of funds, namely solicitation calling for an immediate

18 donation at specified places, pose a separate and distinct public safety hazard

19 likewise within the ambit of the legislative power to regulate. Recognizing

20 that in-person solicitation of funds, when combined with immediate

21 exchanges of money, creates a risk of fraud and duress, this Act makes it

22 unlawful for persons lo panhandle with the purpose of obtaining an

23 immediate donation of money or other thing of value in locales !hat are

24 parti(:ularly threatening or intrusive such as within close proximity to a bank

25 or automated teller machine ("ATM"') or other public places if the

26 solicitation is done in an aggressive manner. Additionally, to the extent that

27 panhandling may m certain circumstances constitute a form of

2

constitutionally protected speech, this Act expressly prohibits only specific

2 actions when they occur in the context of panhandling, and in no way the

3 content of that speech.

4 §3801. Definitions. For purposes of this Article, tbe following

5 words and phrases have been defined to mean:

6 (al "11fter dark" means any time from one-half hour after

7 sunset to one-half hour before sunrise.

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(b) "Aggressive manner" means any of the following:

(I) Approaching or speaking 10 a person. or following

a person before, during or after panhandling, if that conduct is

intended or is likely to cause a reasonable person to (i) fear

bodily harm to oneself or to another, damage to or loss of

prope1ty, or (ii) otherwise be intimidated into giving money or

other thing of value;

(2) Intentionally touching or causing physical contact

with another person or an occupied vehicle without that

person's consent in the course of panhandling;

(3) Intentionally blocking or interfering with the safe

or free passage of a pedestrian or vehicle by any means,

including unreasonably causing a pedestrian or vebicle operator

to take evasive action to avoid physical contact;

(4) Using violent or threatening gestures toward a

person solicited either before, during, or after panhandling;

( 5) Persisting in closely following or approaching a

person after the person solicited has been solicited and

informed the solicitor by words or conduct that such person

docs not want to be solicited tlr docs not want to give money or

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any other thing of value to the solicitor; or

(6) Using profane, offensive or abusive language that

ts inheremly likely to provoke an immediate reaction, either

before or after solicitation.

(c) "Automated teller machine" shall mean any electronic

information processing device that accepts or dispenses cash in

connection with a credit. deposit, or convenience account.

( d) "Automated teller machine facility" shall mean the area

comprised of one or more automated teller machines. and any

adjacent space that is made available to banking customers after

regular banking hours.

(e) "Bank" means any member bank of the Federal Rel>erve

System, and any bank. banking association, tmst company, savings

bank, or other banking institution organized or operated under the

Jaws of the United States, and any bank the deposits of which are

insured by the Federal Deposit Insurance Corporation.

(f) "Credit union" means any federal credit union and any

Guam··Chartered credit union the accounts of which are insured by the

Administrator of the National Credit Union Administration.

(g) "Check cashing business"' means any person duly

licensed as a check seller, bill payer. or prorater pursuant to Guam

law.

(h) "Panhandling" means usmg the spoken. written. or

printed word, or bodily gestures. signs or other means with the

pmvose of obtaining an immediate donation of money or other thing

of value.

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(i) "Public place" means a place to which the public or a

substantial group of persons has access, and includes, but is not

limited to, any street, highway, sidewalk, parking Jot, plaza,

transportation facility, school, place of amusement park, playground,

and any doorway, entrance, hallway, lobby and other po1tion of any

business establishment, an apartment house or hotel not constituting a

room or apartment designed for actual residence.

rj) "Savings and loan association" means any federal

savings and loan association and any "insured institution" as defined

in Section 40 I of the National Housing Act, as amended, and any

federal credit union as defined in Section 2 of the Federal Credit

Union Act.

§3802. Aggressive Panhandling and Panhandling at Specified

14 Locations, Prohibited.

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(a) No person shall engage in panhandling in an aggressive

manner in any public place.

(b) Banks and ATMs.

(l) No person shall panhandle within fifteen (15) feet

of any entrance or exit of any bank, savings and loan

association, or credit union, during its business hours, or within

fifteen ( 15} feet of any automated teller machine during the

time it is available for customers' use. Provided, however, that

when an automated teller machine is located within an

automated teller machine facility, such distance shall be

measured from the entrance or exit of the automated teller

machine facility. Provided further that no person shall engage

in panhandling within an automated teller machine facility

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where a reasonable person would or should know that he or she

does nol have the permission to do so from the owner or other

person lawfully in possession of such facility. Nothing in this

paragraph shall be construed to prohibit the lawful vending of

goods and services within such areas.

(2) Exemptions. Section 3802(b)(l) shall not apply to

any unenclosed automated teller machine located within any

building, structure or space whose primary purpose or function

is unrelated to banking activities, including but not limited to

supermarkets, airports and school buildings. provided that such

automated teller machine shall be available for use only during

the regular hours of operation of the building, structure or space

in which such machine is located.

(c) M.otor vehicles; Parking lots.

(I) Motor Vehicles.

(i) No person shall approach an operator or

occupant of a motor vehicle, at any time of clay or night.

for the purpose of panhandling. while such vehicle is in

traffic on a public roadway;

(ii) No person shall engage m panhandling in

the medians of public roadways.

(2) Parking lots. No person shall engage in

panhandling in any public parking lot or structure any time after

dark.

(3) Exemptions. Section 3802( c)(2) shall not apply to

any of the following:

Ii) Solicitations related to business that is being

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conducted on the subject premises by the owner or lawful

tenants;

(ii) Solicitations related to the lawful towing of

a vehicle; or

(iii) Solicitations related to emergency repairs

requested by the operator or other occupant of a vehicle.

(d) Restaurants. Any person who panhandles in any outdoor

or indoor dining area of a restaurant or other establishment serving

food for immediate consumption is guilty of a violation of this section

if:

(l) He or she remains there after being asked to leave

by the owner, manager or supervisor of the restaurant or other

food establishment; the agent of the owner, manager or

supervisor of the restaurant: or a member of a security force

employed by the restaurant; or

(2) Within the immediately preceding thirty (30) days,

he or she engaged in solicitation at that location and had been

asked to leave by a person specified in Section 3802(d)(l).

(3) Exemption. Section 3802(d)(2) is not violated if a

person who has been requested to leave enters the property

within the designated period and engages in panhandling with

the express authorization of a person specified in Section

3 802( d)(J ) .

§3803. Enforcement; Penalty. Any person

25 panhandling in violation of any provision of this Article shall be subject to a

26 fine of Two Hundred Dollars ($200.00) for the first offense and Five

27 Hundred Dollars ($500.00) for any subsequent offense."

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Section 2. §3341. of Chapter 3, Title 16 Guam Code Annotated is

2 hereby repealed.

3 Section 3. Effective Date. The provisions outlined in this Act shall

4 become effective sixty (60) days after enactment into public law.

5 Section 4. Severability. The provisions outlined in this Act are declared

6 to be separate and severable. The invalidity of any clause, sentence, paragraph.

7 subdivision, section or portion of this statute, or the invalidity of the application

8 thereof to any person or circumstance shall not affect the validity of the remainder

9 of this statute or the validity of its application to other persons or circumstances.

8

1111/JVA 'TRE1VTAI DOS NA LJHESLATURA1V GUAHAN 2013 (FIRST) Regular Session

Introduced by: *As Substituted by the Committee On General Government Operations & Cultural Affairs

T .R. :!\'I uiia Barnes M.F.Q. San Nicolas B.T. McCreadie

AN ACT TO A NE\V ARTICLE 8 TO CHAPTER 3 OF TITLE 16 GUAM CODE ANNOTATED, RELATIVE TO PROHIBITING AGGRESSIVE PANHANDLING AND PANHANDLING AT SPECIFIED LOCATIONS IN GUAl\1 TO BE KNOWN AS THE "AGGRESSIVE PANHANDLING ACT OF 2013".

1 BE IT ENACTED BY THE PEOPLE OF GUAM:

2 Section 1. A New Article 8 is hereby added to Cbapter 3 of Title 16

3 Guam Code Annotated to read:

4 "Article 8

5 Aggressive Panhandling Act of 2013.

6 §3800. Legislative Intent. Recognizing the public safety

7 hazards posed to both pedestrians and occupants and operators of motor

8 vehicles alike by aggressive forms of panhandling, 1 Liheslaturan Guahan

9 by this Act intends to prohibit such panhandling in and along the public

10 roadways of Guam. l Liheslaturan Guahan finds that this Act is a

11 reasonable time, place, and manner regulation designed to address a specific

12 problem, namely, that individuals seeking handouts from occupants of motor

13 vehicles on public roadways and other places are increasing the likelihood of

14 accidents potentially injurious to both pedestrians and motor vehicle

occupants, as well as creating traffic congestion and other similar public

2 safety hazards. This Act properly balances constitutionally protected fonns

3 of speech and other communicative acts of individuals and groups on the

4 one hand, and the legitimate content-neutral interests of the Government of

5 Guam on the other hand, particularly in view of public safety concerns and

6 the availability of ample alternative methods of non-aggressive forms of

7 panhandling in other more suitable public fora. There are substantial

8 differences in nature between public streets, kept open to and pulsing with

9 vehicular traffic. and other public fora including, but not limited to, most

IO areas of sidewalks and public parks. This Act does not affect other forms of

l 1 non-aggressive solicitation of funds such as door-to-door, telephone, and

12 mail solicitations, and does not restrict other types of speech such as oral

13 advocacy, distribution of literature, petitioning, picketing, and other similar

14 communicative acts that do not pose public safety hazards in the same

15 manner as panhandling in the form of active solicitation of funds from motor

16 vehicle occupants by persons in and along public roadways.

17 I Liheslaturan Guahan further finds that certain other types of face-to-

18 face solicitation of funds, namely solicitation calling for an immediate

19 donation at specified places, pose a separate and distinct public safety ha7A>rd

20 likewise within the ambit of the legislative power to regulate. Recognizing

21 that in-person solicitation of funds, when combined with immediate

22 exchanges of money, creates a risk of fraud and duress, this Act makes it

23 unlawful for persons to panhandle with the purpose of obtaining an

24 immediate donation of money or other thing of value in locales that are

25 particularly threatening or intrusive such as within close proximity to a bank

26 or automated teller machine ("ATJ\1") or other public places if the

27 solicitation is done in an aggressive manner. Additionally, to the extent that

2

panhandling may m certain drcurnstances constitute a form of

2 constitutionally protected speech, this Act expressly prohibits only specific

3 actions when they occur in the context of panhandling, and in no way the

4 content of that speech.

5 §3801. Definitions. For purposes of this Article, the following

6 words and phrases have been defined to mean:

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(a) "After dark" means any time from one-half hour after - .

sunset to one-half hour before sunrise.

(b) "Aggressive mwmer" means any of the following:

( i) Approaching or speaking to a person, or following

a person before, during or after panhandling, if that conduct is

intended or is likely to cause a reasonable person to (i) tear

bodily harm to oneself or to another, damage to or loss of

property, or (ii) otherwise be intimidated into giving money or

other thing of value;

(2) Intentionally touching or causing physical contact

with another person or an occupied vehicle without that

person's consent in the course of panhandling;

(3) Intentionally blocking or interfering with the sate

or free passage of a pedestrian or vehicle by any means,

including unreasonably causing a pedestrian or vehicle operator

to take evasive action to avoid physical contact;

( 4) t:sing violent or threatening gestures toward a

person solicited either before, during, or afier panhandling;

(5) Persisting in closely following or approaching a

person after the person solicited has been solicited and

informed the solicitor by words or conduct that such person

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does not want to be solicited or does not want to give money or

any other thing of value to tbe solicitor; or

( 6) Using profane, offensive or abusive language that

is inherently likely to provoke an immediate reaction, either

before or after solicitation.

( c) "Automated teller machine" shall mean any electronic

information processing device that accepts or dispenses cash in

connection with a credit, deposit, or convenience account.

(d) "Automated teller machine facility" shall mean the area

comprised of one or more automated teller machines, and any

adjacent space that is made available to banking customers after

regular banking hours.

(e) "Bank" means any member bank of the Federal Reserve

System, and any bank, banking association, trust company, savings

bank, or other banking institution organi;;£d or operated under the

laws of the United States, and any bank the deposits of which are

insured by the Federal Deposit Insurance Corporation.

(t) "Credit union" means any federal credit union and any

Guam-chartered credit union the accounts of whicb are insured by the

Administrator of the National Credit Union Administration.

( g) "Check cashing business" means any person duly

licensed as a check seller, bill payer, or prorater pursuant to Guam

law.

(h) "Panhandling" means usmg the spoken, written, or

printed word, or bodily gestures. signs or other means with the

purpose of obtaining an immediate donation of money or other thing

of value.

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(i) "Public place,. means a place to which the public or a

substantial group of persons has access, and includes, but is not

limited to, any street, highway, sidewalk, parking lot, plaza,

transportation facility, school, place of amusement, park, playground,

and any doorway, entrance, hallway, lobby and other portion of any

business establishment, an apartment house or hotel not constituting a

room or apartment designed for actual residence.

(j) "Savings and loan association" means any federal

savings and loan association and any "insured institution" as defined

in Section 40 l of the National Housing Act, as amended, and any

federal credit union as defined in Section 2 of the Federal Credit

Union Act.

§3802. Aggressive Panhandling and Panhandling at Specified

14 Locations, Prohibited.

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(a) No person shall engage in panhandling in an aggressive

manner in any public place.

(b) Banks and ATMs.

(I) No person shall panhandle within fifteen ( 15) feet

of any entrance or exit of any bank, savings and loan

association, or credit union, during its business hours, or within

fifteen ( 15) feet of any automated teller machine during the

time it is available t<.1r customers' use. Provided, however, that

when an automated teller machine is located within an

automated teller machine facilitv such distance shall be ' '

measured from the entrance or exit of the automated teller

machine facility. Provided fu1iher that no person shall engage

in panhandling within an automated teller machine facility

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where a reasonable person would or should know that he or she

does not have the permission to do so from the owner or other

person lawfully in possession of such facility. Nothing in this

paragraph shall be construed to prohibit the lawful vending of

goods and services within such areas.

(2) Exemptions. Section 3802(b )(I) shall not apply to

any unenclosed automated teller machine located within any

building, structure or space whose primary purpose or function

is w1related to banking activities, including but not limited to

supermarkets, airports and school buildings, provided that such

automated teller machine shall be available for use only during

the regular hours of operation of the building, structure or space

in which such machine is located.

( c) l'v1otor vehicles; Parking lots.

(I) MotorVebicles.

(i) No person shall approach an operator or

occupant of a motor vehicle, at any time of day or night,

for the purpose of panhandling, while such vehicle is in

traffic on a public roadway;

(ii) No person shall engage m panhandling m

the medians of public roadways.

Parking lots. No person shall engage in

panhandling in any public parking lot or structure any time after

dark.

(3) Exemptions. Section 3802( c )(2) shall not apply to

any of the following:

(i) Solicitations related to business that is being

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conducted on the subject premises by the mvner or lawful

tenants;

(ii) Solicitations related to the lawful towing of

a vehicle; or

(iii) Solicitations related to emergency repairs

requested by the operator or other occupant of a vehicle.

( d) Restaurants. Any person who panhandles in any outdoor

or indoor dining area of a restaurant or other establishment serving

food for immediate consumption is guilty of a violation of this section

if:

( l) He or she remains there afi:er being asked to leave

by the owner, manager or supervisor of the restaurant or other

food establishment; the agent of the owner, manager or

supervisor of the restaurant; or a member of a security force

employed by the restaurant; or

(2) \Vithin the immediately preceding thirty (30) days,

he or she engaged in solicitation at that location and had been

asked to leave by a person specified in Section 3802( d )( l ).

(3) Exemption. Section 3802( d)(2) is not violated if a

person who has been requested to leave enters the property

within the designated period and engages in panhandling with

the express authorization of a person specified in Section

3802( d)( l).

§3803. Lawful panhandling, Precautions.

(a) No person shall engage in panhandling on any public

roadway or sidewalk, except that panhandling meeting all of the

following requirements shall not be prohibited by this Section:

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(1) are made only at intersections with traffic control

signals or stop signs in place;

(2) are conducted by individuals no younger than

eighteen ( 1 8) years of age;

( 3) no device to alter or impede the traffic flow is used,

except that traffic cones may be placed on a sidewalk

or adjacent to a roadway to indicate or signal the

presence of solicitors in the vicinity;

( 4) individual solicitors wear an orange vest with

reflective material on both front and back;

(5) individual solicitors may not place on roadways or

sidewalks any belongings or other items such that they

would interfere with vehicular or pedestrian traffic;

( 6) individual solicitors place warning signs within one

hundred feet (100') of oncoming traffic warning

drivers of the person's activity; and

(7) individual solicitors shall notify the Chief of the

Guam Police Department in writing when and for how

long the panhandling shall occur at least twenty-four

(24) hours prior to its occun-ence.

(b) For purposes of this Section, the Government of Guam

does not waive its sovereign immunity and shall not be liable for any

monetary damages that may arise out of this Section.

( c) This Section does not apply to handbilling regulated by

16 GCA §§ 3701-3707.

§3804. Enforcement; Penalty. Any person engagmg m

panhandling in violation of any provision of this Article shall be subject to a

8

fine of Two Hundred Dollars ($200.00) for the first offense and Five

2 Hundred Dollars ($500.00) for any subsequent ot1ense. Each and every such

3 offense is a violation of the traffic code and in turn constitutes a civil

4 violation punishable under the terms of 16 GCA § 9108."

5 Section 2. §3341 of Chapter 3, Title 16, Guam Code Annotated is

6 hereby repealed.

7 Section 3. Effective Date. The provisions outlined in this Act shall

8 become effective sixty (60) days after enactment into public law.

9 Section 4. Severability. The provisions outlined in this Act are declared

I 0 to be separate and severable. The invalidity of any clause, sentence, paragraph,

l I subdivision, section or portion of this statute, or the invalidity of the application

12 thereof to any person or circumstance shall not affoct the validity of the remainder

J 3 of this statute or the validity of its application to other persons or circumstances.

9

~

S&"JATOR BENJAMTI-J J.F. CRUZ. v1CE SPEAKER C'hainnan Commiiree on tJeneral Government Operancns

!lv1!NA 'TR.ENDU DOS N!ILIHESLAJJJRAlv GU/JH,4N '!be 32nd <'=1 l1c'gi:slalure • senator(cgscrmlorbjcruzcorn

NAME

an<l Cultural Afr""' 155 lfusler Pina:, Hngalna, Guw:n 96910 \Vcbhldress: \V\\'W.senatorbjcruz..ccim Telephone: (!)7l)477-252Q!1 •Fax: (671) 477-2572

I Mi11a'trentai Dos Na Liheslatura11 Guahan Public Hearing Sign-in Sheet

Friday, May 31, 2013-1:00 p.m. I Liheslatura-Public Guam

Bill No. 75-32 (LS}- T.R. Muna Barnes I M.F.Q. San Nicolas I B.T. McCreadie - AN ACT TO A NE\.V ARTICLE 8 TO CHAPTER 3

OF TITLE 16 GUAM CODE ANNOTATED, RELATIVE TO PROHIBITING AGGRESSIVE PANHANDLING AND

PANDHANDLING AT SPECIFIED LOCATIONS IN GUAM TO BE KNOWN AS THE "AGGRESSIVE PANHANDLING ACT OF

2013".

AGENCY OR SUi-ru1u t WKll1r:1"'ij

ORGANIZATION (IF ANY) OPPOSE? ·1 t:::i UMUN Y ILJ INY

.·· ./ x

I / \ I j

I / / / / ·--

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l

~ACT

Nil "'

·- '-·

-

AD[ •L

·--

Guam Legislature Clerks Office

From: sent: To:

John Blas Ublas@tinamunabarnes.com] Friday. March 29, 2013 11 :00 AM Guam Legislature Clerks Office

Subject: Attachments:

Transmittal of Corrected Pg 1 of Bill No. 75·32 (LS) 2013 0328 Bill No. 75·32 (LS) Corrected Pg 1.doc

Hafa Adai,

Attached as per Velma is the "''!"' ···rs·) pagt: 1 r•!1 l'\(L 7,5-:32 l _ _. .

Title as introduced: An a New B to Chapter 3 of Title 16 Guam Code Annotated, relative Prohibiting Aggres;;ive Panhandling and Panhandling at Specified Locations in Guarn to be known as tlw "Aggressive Panhandling Act of 2013".

Corrected Title: An Ac:t to ~qg a New Article 8 to Chapter 3 of Title 16 Guam Code Annotated. relative to Prohibiting Aggressive Panhandling and Panhandling at Specified Locations in Guam lo be known as the "Aggressive Panhandlini:, Act of 201:f.

Thank you for your assistance.

,John

John F. Blas Senior Policy Analyst Office of Senator Tina Rose Muna Barnes Committee on Municipal Affairs, Tourism, Housing and

Hagatna Restoration & Redevelopment Authority 155 Hessler Place Hagiltfia, Guam 96910 (Tel) 671.472.3455/6 (Fax) 671.472.3400 email:jblas@ltinamunabarnes.com

l

~~' C0~1~1ITTEE ON RULES , \I j1.f fn11 'itr11Jai l/05· 11a Lilies/a turatt Gurlltan • 1'he 32 nd Guurn tJegisl .. 1lure

/ 155 }iesler PIALe, Hag:lrrl~L c;uarn 96:-> j 0. U'tilti'-J;tt,un!L:~sL1t:rrr,ifJtn ~~~ - E--nuiJ: r11rJ/in-xu.i.r>1@>gt1;.11f,torn • 'fd: (671 )4~2-7679" •Fax: (671 )472-35..:!7

Senator ·i------­Rory ). Respicio ,I

CHA !R PERSON

MAJORITY LEADER

Senator Thomas C Ada

VICE CH•lRPERSON

Ass1sTANI MAJORITY LEADER

Senator \!icente (Ben) C', Pangeh~an

\1Pmber

Speaker Judith TP Won Pat, EdD

Member

Senator Dennis G. Rodriguez, Jr.

\1ember

Vice-Speaker Benjamin J.E Cruz

Mernb<>r

Leg1sh1tive SelTetary Tin.1 Rose Mrnia Barnes

Mt".'.n1ber

Senator Frank lllas Aguon, 1 c

Memher

Sen.1tor Mifhael EQ. San !\:icolas

;vien1her

Sen0tor V Anthony Ada

\lember M1~omn Lr•DFR

St;>nator 1\line 'l'alndshita

Member

April 19; 2013

Memorandum

To: Rennae Meno Clerk o{t/1e Legislature

From: Senator Rory J. Respicio Chai171erson, Committee on Rules

Subject: Fiscal Notes

Hafn Adai 1

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

FISCAL NOTES: Bill Nos.: 02-32 (LS), 28-32 (COR), 52-32 (LS), 64-32 (COR), 75-32 (LS),

and 77-32 (COR)

WAIVERS: ~~~=

Bill Nos.: 70-32 (COR), and 72-32 (LS)

Ple.1se forward the same lo MJS for posting on our website. Ph~ase contact our office should you have any questions regarding this matter.

CU3:57 p.m.

Bureau of 1Jud2ct & ~anagentent Rese.arth "\ ~ Fiscal Note of Biil No. i'.5-31 ~ll W)

04- tS-2013

A._ ALT TO A NE\> Al<f!Cl.E S TOCHAPTERJ o•"TlTL!; 16 AGGRESSIVE PANHANDLING AND PANHANDUNG AT SPECIFIED LOCA llONS '.'!GUAM TO BE KNOWN AS Tl!£ "AGGlll~"'lVE PANHANDLING ACT Of !OB".

.. ······· .. ·.·.· . .. - - --- - :: -- , __ '. -- -: ----_ -- ";- - _---- -- . . • .. ... . ... ... ·:· . · ...... ·. -_, . - · ~tptrr<~cuY~cru~r-Aw~pr!a~ttu1 ~nf9f~•~l-~n .• •. .

DeptJAguiey Affctttd: fitp.arttntnt or Jltvrnue & Ts•:Hfon IDept./Agef'l<:y He11d: John P. CamathtJ

DepartrnttH's General Fund tGt'l appropriationo-1 to 1 .. h1tr: 9,iti4,l8!J

Dtp-artlt'Knt's- Other fund {Specify} i1.pproprit1tiot1(•} to dale; TA>. C:oJkction Enht1.t1ttml'nt Fond ($6&6,717) i Beller Pvblic, Str\'kio fund til,J?C:l.S$4) ') fi"!7 271

Totid l~artment!Ag~ncy App:roprlatto:n(t) to drttt; $11,24[,451

. . . · .. .......... · .• .. · . - ' - - - -' .. :, ' '·. ·; '' : '., .. ' - : -- . - : ' '' ''.; .: :: -' ! • • • ....... ·.· ... '. . . .. • .. •. run~S~ti~n~J~f~~tJ~:-tif~rttpo~.e~·Appro~~~~iF< :._: .· i·, : ' _=: .'_·· ::_

Gettend f'und~ iSpedfy Spulal

ltituh Fvm.H:

f'Y 201l UnrtAervtd }'um} Balan-te1 I"':.·· -,· .~- '. : '".°:·'···:., ·.: ·: .. : so ro

FY .lOtl Adl)ptt:d IUVtlllh~!i $561.?85, 725 Sll S56L985,7l!<

FY llllJ Appro. ~1L1 l1·2:}~1 ($548.971.874) so (s-54&.1)7 JJl:14

Sub~lotal: SlJ.OJ>.BSl 16 $1J,OIJ,8!1

Lt~s approprlatkm fn Bill $6 so so Total; Sll,O!J,851 !O $13,0IJ,SSI

·.· .· ·:': . } .... >· k.tni. ... Jl'. !'IS<~l .. px~ nf)lili • · ..••. •••••• • •••

.. :·: . -, -: ' ' - '- ' ' ' '., ' - . ·· ..

Ont FulJ Fur tumainder of

FV lOlJ VY 2014 FY IOJS FV 2016 FY lOli Fiscal Y;rar ~ff •p-plitablej

G-titerel Fund so SU so so so Sll

Bpedfy Sp«lal so $1) $0 so so 56 Fund)

Tora! $( ~ $0 SI SI SI

L Do~ tht bill cont-ala "'rt"'tllUt ge:nrr11.ting .. pnn-isions'! 11 I Yes Ii Sn lf\'ts. !ftt: anachvient 2. Is il1M1.tnt sppropt-fatcd 1dtquatc 111 fund the inttnt of t~t' s:pprnpriatim1~ ! T. j NIA I i Yes I ! Sil

lf n1.1, wb.t1 Uthe lklditkmal amou.Jtt rrqulred': i --·-- Ir. I N!A J-, Dot• tht BiU rit1o1b!l:tb: & ~· programhilt;tnty? \"r; fr. I No

tfyts. wtlt Ou; pnjj!r:am duplicafr 'dsting prwtrams/agencks~ I, I NIA ! I \'es ! I N.; ls ttirrf' a ftdtrsl manda1r to ri1tablith the progrt1111/,ggtnc:f? ! I \'cs ! "J No

4. Witf dir e1H1ctmen1 oJ ihll DUf rcqui!'t" new physical faci!itin? Ye1 ! t I So 5, \\>·Jn fistsl Sutt' roon1in..1ttd with 11U." itffttte-11 deptiag.rnc)'? 1£ no, int!tc:a:tt' reason; / "t ! Ytr ! ! No

i .i- i Rrq•rsttd .agrary i:oromtna not received llJ of' tile due d-ate I 1 {)filer:

15 ;10

671 4722825

. .

General fund

Special Fund

Total

Comments:

02:34:14 p.m. 04- 18-2013

Bureau of Budget & Management Re.~earcb th ,,.,,J/,( Attachment to Fiscal Note Bill No. 75-32 (.C01i) tf1f"""' ·

(for revenue generating provisiom)

' - _- - - . '. - ---l'rojoetl'd Multi, Year Re~<Uijes

.• . .·

Year l Vear 2 Year 3 Ycar4

II so $0 $0

$0 ill so $(1

Ii $0 $0 $0

.. Years

$0

so

$0

li The Bill illlpOJes a $200 fine for fin! offend<rs and S5-00 for !he 1ccond ond all subsequent offenm. The anticipated revenue is based upon the number or panhandling. offenses and the frequency or such offense h)· the ~ame individual. It shouJd be noted that the Bureau has reque.sted data from the Department of Revenue and Taxation; however, iofurmation has not been provided at the time of these comment~.

lb i 18

COM~IITTEE ON RULES l 1\fina'trental Do"" 11a lih,,_::;/i1tur1Ju Gu1i/1a11 • 1~he 32nd c;uan1 L0gislature

1 155 Hesler Plar:e. }1a~1ti\a, (~win 969l1) • 1rnw\1:1;,1,m1t'!rl.li«IJt1<.1um

- E-n1A.il: Jrn")·fiYJ;;u.rn1{{~'Q11.-zi/"av11 •-rd: 7(179 • Fax: )472" 3)47 ·-~~' ..

Senator Rory J. Resplno

CHAIRPERSON

MAJORITY LEADER

Sen<1tor Thomas C. Ada

VICE CHAIRPERSON

ASSISTMff MAiORITY LEADER

Senator Vicente (Ben) C Pangelimm

Member

Spe;;ker Judith TP. Won Pat, Ed.D.

Member

Senator Dennis G. Rodriguez, Ir.

Member

Vire~'>peake1·

Benjamin J .F. Cruz tvlernber

Legislative Secretary Tina Rose Muna Barnes

Member

Senator Frank Bl.as Aguon, Jr.

Men1ber

Senn tor Michael EQ. San Nirnl<1s

Member

Senator V. Anthony Ada

Member MINORITI LEA0£R

Senator Aline Yanrnshit,1

Member

May 10, 2013

MEMORANDUM

To: RennaeMeno Clerk of ihe Legislature

Attorney Therese M. Terlaje Legislative Legal Counsel

From: Senator Rory J. Respicio 1Vfajority Leader t:Y R1tlcs Chair

Subject: Re-Referral of Bill No. 75-32(LS)

As the Chairperson of the Committee on Rules, I am forwarding my re-referral of Bill No. 75-32(LS).

Please ensure that the subject bill is referred, in my name, to the respective committee, as shown 011 the attachment. I also request that the same be forwarded to aU members of I Mina'trentai Dos na Lihes/aturan Guiihan.

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

Attachment

Bill NO.

SPONSOR

I Mina'Trentai Dos Na Lilreslaturan Guahan Bill Log Sheet

DATE DATE

INTRODUCED REFERRED

CMTE

REFERRED

75-32 T.R. Mui\a Barnes, AN ACT TO ADD A NEW ARTICLE 8 TO 3/27 /2013, Committee on (LS) M.F.Q. San CHAPTER 3 OF TITLE 16 GUAM CODE 3:55 PM

Nicolas, B.T. Mccreadie

Bill Introduced/History

5/10/2013 9:54 AM

ANNOTATED, RELATIVE TO PROHIBITING

AGGRESSIVE PANHANDLING AND

PANHANDLING AT SPECIFIED LOCATIONS

IN GUAM TO BE KNOWN AS THE

"AGGRESSIVE PAN HAN DUNG ACT OF

2013"

General

Governmental

Operations and

Cultural Affairs

(3/28/13 -Committee on Public Safety, Infrastructure,

&Maritime

Transportation)

PUBLIC DATE

HEARING COMMITTEE REPORT

DATE FILED

FISCAL NOTES

Fiscal Note

Requested

03/28/13 Fiscal Note

Received

04/19/13

Gmail · Fwd: Edited Panhandling Hill https :i imai I .googl e .com/mai l/u!O/Oui~2&ik~c6dda6068 l &view••pt& ...

l of!

Fwd: Edited Panhandling Bill 2 messages

Carlo Branch <carlo.branch@gmail.com>

Jessy Gogue <ocp.mayor@gmail.com> Thu, Jul 25, 2013 at 4:56 PM To: julianaguon@gmail.com Cc: Tina Rose Muna-Barnes <senator@tinamunabarnes.com>, "B. J. Cruz" <senator@senatorbicruzcom>, Carlo Branch <carlo.branch@gmaitcom>, John Blas <jblas@tinamunabarnes.com>. Charissa Tenorio < charissa. tenorio@senatorbjcruz.com>

Hafa A dal Julian,

As requested, I'm confirming the receipt of this email. And, likewise, I enjoyed our conversation and Welcome any future visits to my office.

Because of my familiarity with this Bili, I have read through this "edited" version and I am now in full support of its inclusion on the the Agenda for August's Session. I have NO additional changes to recommend. That, based on these edits you have made, I firmly believe that should this biil be signed into law, it is clear as to what panhandlers can or cannot do and ii also allows GPO and those deputized to enforce our traffic laws (e.g. CAPE & GPO Reservists) to issue citations when these panhandlers violate the rules outlined in this bili.

Sincerely, Mayor Gogue

On Thu, Jul 25, 2013 at 2:48 PM, julian aguon Buenas Mayor Gogue,

wrote:

It was a pleasure speaking with you yesterday. An edited panhandling bill ls attached, which I believe sufficiently addresses the concerns you raised regarding the earlier version. Can you please confirm receipt? Thank you again, and I hope to hear back from you soon so I can take the edited bill back to the Committee. Have a good one,

JUiian

Edited Bill 75-32 (LS).doc 71K

Carlo Branch <carlo. branch@gmaiLcom> To: "sgflores@tinamunabarnes.co m" <sgflores@tinamunabarnes.com>

Yes I have it Trying to see what Mike dis with it now

- Carlo fOvoted text hidden}

Edited Bill 75-32 (LS).doc 71K

Fri, Oct 25, 2013 at 12 02 PM

Gmail ·First Notice of Public Hearing Five Day Notice ·· May :i I, 20 ! 3 hnps:iimail.google.comfmailiu!Ol?ui=2&ik=c6dda60681 &view=pt&: ...

I of2

" I Carlo Branch <carlo.branch@gmail.com>

First Notice of Public Hearing - Five Day Notice - May 31, 2013 1 message

Mike Lidia <mike.lidia@senatorbjcruz.com> Fri. May 24, 2013 at 10:36 AM To: phnotice@guamlegislature.org, jose.sanagustin@doc.guam gov, Dean Taitague <dean. ta1tague@doc. guam. gov>, mpqute@yahoo.com, Lisa. castro@doc.guam.gov, Ronald Santos <ran. santos@doc.guam.gov>, riaka. mcco'mick@doc. guam. gov, Mark Fleming <mark. fleming@doc.guam.gov>. ricardo.leonguerrero@doc.guam.gov. Chief Fred Bordallo <fred.bordallo@gpd.guam.gov>, Joseph Verga <joseph.verga@gmha.org>, ovita perez <perezovita@gmail.com>, jp9901@guam.net, Mayor Paul McDonald <mayormcdonaid@hotmail.com>, Mayor Carol Tayama <agatmayorsoffice@hotmail.com>, dinga1@live.com, asanmainamayorsoffice@yahoo.com, bmomayor@teleguam.net, Jessy Gogue <ocp.mayor@gmail.com>, msavares@teleguam.net. peter_daigo@hotmail.com, Mayor John Cruz <hagatnamayor@hotmail.com>, Doris Lujan <mayordorlsfloreslujan@gmail.com>, Mayor Nito Blas <nblas_mangilaomayor@yahoo.com>, Vice Mayor Allan Ungacta <vicemayor_allan.ungacta@yahoo.com>, mayoerernestc@yahoo.com, Mayor Andrew Villagomez <mtm_mayors_office@yahoo.com>, pitimayor@ya~oo.com, daleealvarez@gmail.com, Robert Hofmann <guammayor@gmail.com>, rudyiriarte@gmail.com, talofofomayor@gmail.com, "Mayor Louise C Rivera" <mayorlcrivera.tatuha@gmaii.com>, "Vice Mayor Ken C. Sa1tos" <vicemayorksantos.tatuha@gmail.com>, Umatac Mayor <umatacmo@gmail.com>, kones.r@gmail.com, arleens81@gmail.com, kenjoeada@yahoo.com, Jon Nathan Denight <nathan.denight@visitguam.org>, karl.pangelinan@visitguam.org, Charissa Tenorio <charissatenorio@gmaiJ.com>, Carlo Branch <carlo.bra1ch@gmail.com>, Carlos Pangelinan <carlospguam@yahoo.com>, Joshua Tenorio <joshuatenorio@yahoo.com>, Matthew Santos <matthew. santos@senatorbjcruz.com>

May 24, 2013

MEMORAIVDUM

To: All Members/All Senators

From! Chainnan. Con1n1ittec on General (Jovcrnment Operations and (;ultural Affairs

Re: First Notice of Public Hearing Five Day Notice May 3 I, 2013

Ila/a Adai! Please be {ldvlsed that the Comrninee on General Cloveminent Operations and C~ultura! Aflbirs \\'ill conduct a Public Hearing on Fridav, Mnv 31, 2013, beginning at l :OUPM in I Lil1e.~/11tura'.' Public fl earing Rc>om wiUr the following agenda:

Bill'\0. 7S-.IZ (LS) · T.R Mmla Barnes I M.EQ. San Nicolas i B.'I~ McCreadie • An act to a ne"

10128/20 ! 3 9:48 AM

Gmail - First Notice of Public Hearing- Five Day Notice -- May 31, 2013 ht!ps:llmail.google.corrv'mail/ulOf?ui••2&ilc-c6dda6068 l&view=pl&--

2of2

Article 8 to Chapter 3 ofTltle 16 Guam Code Annotated, relative to prohibiting aggressive panhandling and panhandling at specified locations in Gua1n to be kno\vn as the !\Aggressive Panhandling Act of 2013 .. ,

Bil!No. 111-32 (CORI - D.G. Rodriguez, Jr. I M.T. Limtiaco - An act to authori7x government employees to utilize annual leave to pay debts to Guarn ~1emorial Hospital Authority, by adding a ne\v §4109.6 to Chapter 4, Title 4, Guam Code Annotated.

l!illNo, 117-32 (CORJ - T.R. Mufia Barnes J J.T. Won Pat, Ed.D. i B.T. McCreadie - An act to amend§§ 3705 and 3707 of Article 7, Chapter 3. Tltle 16 GCA, relative to expanding the duties of the Guam Police Departmetrt Community Assisted Policing Effort (CAPE) volunteers to include enforcement of the Handbilling Act, and for otlter purposes.

Please provide written testimonies at least one day prior to the hearing to the Offie-e of Vice Speaker Benjan1in J.F Cruz 155 Hesler Place, Hagatna Guam 96910. They may be sent via facsimile to 477-2522, or via email to rnike. l j dla<ii'.~0011atorl~i {TUY. cc:rn.

We comply witl1Title11 of the Americans with Disabilities Act (AJJA). Should you require assistance or special accommodations, please contact Mike Lidia at the Ot11ce of the Vice Speaker Benjamin J.F Cruz at 477-252 i or via email at rnik.:. I iJi:<J({~>)cnatorbjcn1Y.to1n.

Senseramente,

Mike Lidia

Corrunittee Director

Office of Vice Speaker Cruz 477-2520

10/28/2013 9:48 AM

Gmail - Seeond Notice of Public Hearing - Two Day Notice - May 3 l ... https:l/mail.google.comimail/ulO/?ui"2&ik"c6dda6068 l&view"pl&s ...

I of2

E Carlo Branch <carlo.branch@gmail.com>

Second Notice of Public Hearing - Two Day Notice - May 31, 2013 1 message

Mike Lidia <mike.lidia@senatorbjcruz.com> Wed, May 29, 2013 at 852 AM To: phnotice@guamlegislature.org, jose.sanagustin@doc.guam.gov, Dean Taitague <dean.taitague@doc.guam.gov>, mpqute@yahoo.com, Lisa.castro@doc.guam.gov, Ronald Santos <ron.san!os@doc.guam.gov>, riaka.mccormick@doc.guam.gov, Mark Fleming <mark.fleming@doc.guam.gov>, ricarda.Jeonguerrero@doc.guam.gov, Chief Fred Bordallo <Ired bordailo@gpd.guam.gov>, Joseph Verga <joseph.verga@gmha.org>, ovita perez <perezovi!a@gmail.com>, jp9901@guam.net, Mayor Paul McDonald <mayormcdonald@hotmail.com>, Mayor Carol Tayama <agatmayorsoffice@hotmail.com>, dinga1@live.com, asanmainamayorsoffice@yahoo.com, bmomayor@teleguam.net, Jessy Gogue <ocp.mayor@gmail.com>, msavares@teleguam.net, peter_da!go@hotmail.com. Mayor John Cruz <hagatnamayar@hotmail.com>, Doris Lujan <mayordorisfloreslujan@gmail.com>, Mayor Nita Blas <nblas_mangilaomayor@yahoo.com>, Vice Mayor Allan Ungacta <vicemayor_allan.ungacta@yahoo.com>, mayoerernestc@yahoo.com, Mayor Andrew Villagomez <mtm_mayors_office@yahoo.com>, pitimayor@yahoo.com, daleealvarez@gmail.com, Robert Hofmann <guammayor@gmail.com>, rudyiriarte@gmail.com, talofofomayor@gmail.com, "Mayor Louise C. Rivera" <mayorlcrivera.tatuha@gmail.com>, "Vice Mayor Ken C. Santos" <vicemayorksantos.tatuha@gmail.com>, Umatac Mayor <umalacmo@gmail.com>. kones. r@gmail.com, arieens81@gmail.com, kenjoeada@yahoo.com, Jon Nathan Denight <nathan.denight@visitguam.org>, karl.pangelinan@visitguam.org, Charissa Tenorio <charissatenorio@gmail.com>, Carlo Branch <carlo.branch@gmailcom>, Carlos Pangelinan <carlospguam@yahoo.com>, Joshua Tenorio <joshuatenono@yahoo.com>, Matthew Santos <matthew. santos@senatorbjcruz.com>

May29, 2013

/lfEMORANDUM

To: Al! Members/ All Senators

From: Chairman, Connnittee on General Government Operations and Cultwal Affairs

Re: Second Notice of Public Hearing··· Two Day Notice - \Jay 31, 20 ! 3

Ha/a Adai! Please be advised that the Committee on General Government Operations and Cultural Affitirs will conduct a Public Hearing on Friday, May 31, 2013, beginning at 10:001\M in I L/hesfatura '<Public Hearim1Ro11m with the fol lowing agenda:

l0i28/20119:SO AM

Gmail - Second Notice of Public Hearing - Two Day Notice May 31... https:/imail.googlc.com!mail/u!Ol?ui=2&ik~c6dda60681 &view~pt&s ...

2 of2

BillNo. 75-32 {l..S) - T.R. Mutia Barnes I M.F.Q. San Nicolas I B.T. McCreadie - An act to a new

Article 8 to Clupter 3 of Title 16 Guam Code Annotated, relative to prohibiting aggressive panhandling and panhandling at specified locations in Guam to be known as toe "Aggressive Panhandling Act of 2013",

Bi!l"io. II 1-32 \('OR) - D.G. Rodriguez, Jr. I M.T. Lirntiaco - An act to authorize government employees to utilize annual leave to pay debt."5 to Gua1n Memorial Hospital Authority, by adding a ne\\' §4109 .6 to Chapter 4, Title 4, Guam Code Annotated.

llillNo. 117-32 (COR) • T.R. Muna Barnes I J.T. Won Pat, Ed.D. I B.T. Mccreadie - An act to

amend§§ 3705 and 3707 of Article 7. Chapter 3, Title 16 GCA, relative to expanding the duties of the Guam Police Department Community Assisted Policing Elfort (CAPE) volunteers to include enforcement of the HandbHling Act, and for other purposes.

Please provide written testimonies at least one day prior to the hearing to the Office of Vice Speaker Benjamin

J.F Cruz, 155 Hesler Place, Hagj\ti1a Guam 96910. They may be sent via facsimile to 477-2522, or via email to rnike, 1 idia(li_:scnarorbjcru:..r_corn,

We comply with Titie ti of the Americans with Disabilities Act (ADA), Should you require assistance or special acconnnodations, please contact Mike Lidia at the Office of the Vice Speaker Benjamin J.F Cruz at 477-2521 or via email at 111ike, l idJ::i(2~;scnatorhjcru1_.corn.

Senseramentei

\1ikc Lidia

Committee Director

Office of Vice Speaker Crnz 477-2520

10/28/2013 9:.10 AM

Listscrv: p11n9J.ice!aJ!l'.ua1ri]cgis la1;m~,Qrg As of May 15, 2013

1

Listserv: 1ilinotice(aig4;urtlee:isJaJ~i:g As of May 15, 2013

SENATORBENTAMJN JF. CRUZ, VICE SPEAKER Chairrnan,Committee on Ycuth.C;,.!!tura! Affairs. Procurement

!Mi\1'TR!IT\T C\1 Ni LiHESl.c\11 fl.\\ Gt jflj\ The 31\'I Guam Legislature• smi:Jtcr@sen.atorbjcrw:tco:n

155 Hesler Place, Haga!na, Guam 9691 O _.;:1ep~::::'.e: (6~,L 47~,~~71) 477-2522

PUBLIC HEARING AGENDA Friday, 11ay 31, 2013 ~ l:OOPM

I Liheslatura • Public Hearing Room • Hagatfia, Guam

Appointmentof Mr. John T. Palomo, Member, Guam Parole Board

BiIINo. 75-32 (LS) - T.R. Muna Barnes I M.F.Q. San Nicolas I B.T. McCreadie - An act to a new Article 8 to Chapter 3 of Title 16 Guam Code Annotated, relative to prohibiting aggressive panhandling and panhandling at specified locations in Guam to be known as the "Aggressive Panhandling Act of2013".

BillNo. lll-32 (COR) - D.G. Rodriguez, .Jr. I M.T. Limtiaco - An act to authorize government employees to utilize annual leave to pay debts to Guam Memorial llospital Authority, by adding a new §4109.6 to Chapter 4, Title 4, Guam Code Annotated.

BillNo. 117-32 (COR) -T.R. Muiia Barnes I J.T. Won Pat, Ed.D. I B.T. Mccreadie - An act to amend §§ 3705 and 3707 of Article 7, Chapter 3, Title 16 GCA, relative to expanding the duties of the Guam Police Department Community Assisted Policing Effort (CAPE) volunteers to include enforcement of the Handbilling Act, and for other purposes.