sep 2002 - 36th guam legislature - home. 26-132.pdfcopy ofbill for signed or overriddenlegislatio ....
TRANSCRIPT
CARL T.C. GUTIERREZ GOVERNOR OF GUAM
SEP 1 7 2002
The Honorable Joanne M. S. Brown Legislative Secretary I Mina'Bente Sais na Liheslaturan Gu*an Twenty-Sixth Guam Legislature Suite 200 130 Aspinal Street Hagitfia, Guam 96910
Dear Legislative Secretary Brown:
Enclosed please find Substitute Bill No. 242 (COR) "AN ACT TO AUTHORIZE HAZARDOUS PAY FOR SOLID WASTE TECHNICIANS AND OVERTIME PAY DUE BUS DRIVERS AT THE DEPARTMENT OF PUBLIC WORKS," which was signed into law as Public Law No. 26-132.
This legislation authorizes hazardous/environmental duty pay differential to Solid Waste Technicians assigned to the Ordot Landfill, transfer stations and solid waste collections, who perform work which involves exposure to hazardous conditions or physical hardship from environmental conditions.
This legislation also authorizes the payment of overtime pay for Fiscal Years 2001 and 2002 for bus drivers in the Department of Public Works and overtime for mechanics at the Division of Transportation Maintenance.
Very truly yours, 1 - "------------_I___x _
Carl T. C. Gutierrez I Maga'Lahen Gu&an Governor of Guam
Attachments: original bill for vetoed legislation or d copy of bill for signed or overridden legislatio . - and legislation enacted without signature
cc: The Honorable Antonio R. Unpingco Speaker
Ricardo J. Bordallo Governor's Complex Post Office Box 2950, Agana, Guam 96932 * (671)472-8931 e Fax (671)477-GUAM
MINA~BENTE SAIS NA LIHESLATURAN GUAHAN 2002 (SECOND) Regular Session
This is to certify that Substitute Bill No. 242 (COR), "AN ACT TO AUTHORIZE HAZARDOUS PAY FOR SOLID WASTE TECHNICIANS AND OVERTIME PAY DUE BUS DRIVERS AT THE DEPARTMENT OF PUBLIC WORKS," was on the 4th day of September, 2002, duly and regularly passed.
~ N I O R. UNPINGCO Speaker
Senator and Legislative Secretary
This Act was received by I Maga'lahen Gudhan this ' 0 dayof 9 c w r ,2002,
at 51.3 5 o'clock P .M. n
(J Assistant Staff Officer Maga'lahi's Office
APPROVED:
k=-- CARL T. C. GUTIERREZ
I Maga'lahen GuPhan
Date: 7- / 7- '3
Public Law No. 9 6 - ( 3 t
MINA'BENTE SAIS NA LIHESLATURAN GUAHAN 2001 (FIRST) Regular Session
Bill No. 242 (COR) As substituted and amended on the Floor.
Introduced by: E. B. Calvo Mark Forbes A. L. G. Santos J. F. Ada T. C. Ada F. B. Aguon, Jr. J. M.S. Brown F. P. Camacho M. C. Charfauros L. F. Kasperbauer L. A. Leon Guerrero K. S. Moylan V. C. Pangelinan A. R. Unpingco J. T. Won Pat
AN ACT TO AUTHORIZE HAZARDOUS PAY FOR SOLID WASTE TECHNICIANS AND OVERTIME PAY DUE BUS DRIVERS AT THE DEPARTMENT OF PUBLIC WORKS.
1 BE IT ENACTED BY THE PEOPLE OF GUAM:
2 Section 1. Legislative Findings and Intent. I Liheslaturan Gudhan
3 finds that Public Law Number 19-19 mandated the creation of the Guam
4 Occupational Safety and Health Act ("GOSHA") to assure every employee of
5 the government of Guam a safe workplace environment and healthy working
(a) The Director of the Department of Public Works is hereby
authorized to use projected lapses from its Fiscal Year 2002
appropriations for the purpose of paying overtime earned in Fiscal
Years 2001 and 2002 by drivers assigned to Bus Operations.
(b) Notwithstanding the general provisions of 5 10(b) of Public
Law Number 25-176, the Director of the Department of Public Works is
hereby authorized to utilize the unencumbered appropriation of § 10(b)
of Public Law Number 25-176 not to exceed Twenty Thousand Dollars
($20,000.00) for the compensation of unpaid overtime accrued during
Typhoon Paka by mechanics at the Division of Transportation
Maintenance.
Section 5. Restriction Upon I Maga 'lahen Gudhan's Transfer
Authority. Notwithstanding any other provision of law, I Maga'lahen
Gudhan shall not use his transfer authority to utilize any monies appropriated
herein, and said funds shall not be transferred or used for any other purpose.
Section 6. Reversion of Funds. Notwithstanding the general
provisions of § 22406 of Title 5 of the Guam Code Annotated, which require
that unused and de-appropriated funds revert to the General Fund, or any
other provision of law to the contrary, all unused funds appropriated herein
shall, in all circumstances, and whether in whole or in part, be carried over
into the next fiscal year and shall be expended exclusively for hazardous pay to
solid waste technicians assigned to the Ordot Landfill, transfer stations and
solid waste collections administered by the Department of Public Works.
Section 7. Reporting Requirement. The Department of Public
Works shall submit a detailed report of the expenditures of the funds
appropriated by this Act to the Speaker of I Liheslaturan Gubhan, to the
Chairpersons of the Committee on Ways and Means and the Committee on
Public Works, Health and Human Services of I Liheslaturan Gubhan, within
sixty (60) days following the close of Fiscal Year 2002. Y any unused portion
of the funds appropriated herein is carried over into Fiscal Year 2003, the
provisions contained in this Section so do apply.
Section 8. Effective Date. The provisions of this Act shall become
effective immediately upon enactment.
Section 9. Severability. I f 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 not affect other provisions or applications of this
14 Law which can be given effect without the invalid provisions or application,
15 and to this end the provisions of this Law are severable.
MINA'BENTE SAIS NA LIHESLATURAN GUAHAN 2002 (SECOND) Regular Session
This is to certify that Substitute Bill No. 242 (COR), ''AN ACT TO AUTHORIZE HAZARDOUS PAY FOR SOLID WASTE TECHNICIANS AND OVERTIME PAY DUE BUS DRIVERS AT THE DEPARTMENT OF PUBLIC WORKSI1' was on the 4th day of September, 2002, duly and regularly passed.
/ A N ~ N I O R. UNPINGCO C_/ Speaker
Senator and Legislative Secretary
This Act was received by I Magaylahen Gudhan this LO day of -kUhb* ,2002,
APPROVED:
As 1 tant Staff Officer Qga'laiii's Office
CARL T. C. GUTIERREZ I Maga'lahen Guihan
Date:
Public Law No.
I M/NA'BENTE SAIS NA LIHESLATURAN GUAHAN 2002 (SECOND) Regular Session
Date: f ' /J/d VOTING SHEET
3 B i l l No. L/d Resolution No.
Question:
TOTAL -
CERTIFIED TRUE AND CORRECT: *
3 Passes = No vote Clerk of the Legislature EA = Excused Absence
MINA ' -ENTE SAIS NA LIHEL dATURAN GU- Kumitehan Areklarnento, Hinanao Gubetnamenton Hinirit, Rifotma yan Rinueba,
yan Asunton Fidirit,Taotao Hiyong yan Hinirit
Senadot Mark Forbes, Gehilu Kabisiyon Mayurtit
Speaker Antonio R. Unpingco I Mina' Bente Sais Na Liheslaturan GuAhan 155 Hesler Street HagAtiia, Guam 96910
Dear Mr. Speaker:
The Committee on Rules, General Governmental Operations, Reorganization and Reform, and Federal, Foreign and General Affairs, to which Bill No. 242 was referred, wishes to report its findings and recommendations TO DO PASS BILL NO. 242: "An Act To Authorize Hazardous Pay for Solid Waste Technicians and Overtime Pay Due Bus Drivers at the Department of Public Works."
The voting record is as follows:
TO PASS
NOT TO PASS
ABSTAIN
TO PLACE IN INACTIVE FILE e- TO REPORT OUT 49
Copies of the Committee Report and other pertinent documents are attached. Thank you and si Yu'os ma'ase for your attention to this matter.
Attachments
155 Hesler Street, Hagitiia, Guam 9691 0 Tele~hone: 671-472-3407/408/512 .Facsimile: 671-477-5036 Email: [email protected]
MINA ' I - ENTE SAIS NA LIHEL -,ATURAN GuAJ~AN Kumitehan Areklamento, Hinanao Gubetnamenton Hinirit, Rifotma yan Rinueba,
yan Asunton Fidirit,Taotao Hiyong yan H i f i t
Senadot Mark Forbes, Gehilu Kabisiyon Mayurdt
MEMORANDUM
TO: Committee Members
FROM: Chairman
SUBJECT: Committee Report- BILL NO. 242: "An Act To Authorize Hazardous Pay for Solid Waste Technicians and Overtime Pay Due Bus Drivers at the Department of Public Works."
Transmitted herewith for your information and action is the report on Bill No. 242, from the Committee on Rules, General Governmental Operations, Reorganization and Reform, and Federal, Foreign and General Affairs.
This memorandum is accompanied by the following: 1. Committee Voting Sheet 2. Committee Report 3. Bill No. 242 4. Public Hearing Sign-in Sheet 5. Fiscal Note/Fiscal Note Waiver 6. Notice of Public Hearing
Please take the appropriate action on the attached voting sheet. Your attention and cooperation in this matter is greatly appreciated.
Should you have any questions regarding the report or accompanying documents, please do not hesitate to contact me.
Attachments /i !
155 Hesler Street, Hagitija, Guam 96910 Tele~hone: 671-472-3407/408/512 -Facsimile: 671-477-5036 . Email: [email protected]
Committee on Rules, General Governmental O~~erat ioss, Reorganization and Reform, and Federal, Foreign and General Affairs
I Mina' Bente Sais Na Liheslaturan GuPhan
Voting Record BILL NO. 242: "An Act To Authorize Hazardous Pay for Solid Waste Technicians and Overtime Pay Due Bus Drivers at the Department of Public Works."
TO TO NOT TO TO INACTIVE REPORT PASS PASS ABSTAIN - FILE
Joseph F. Ada, Member
~ o a & M.S. Bi-own, Mepber
Eddie B. calvo, Member
Felix P. Camacho, Member &y[;- +-IY ../
uC ~awrence F. ~aggerbauer, Ph. D., Member
/ i
8 - n J Antonio R. Unpingco, Ex-Oficio Member
Thomas C. Ada, Member
Lou A. Leon Guerrero, Member
elinan, Member
COMMITTEE ON RULES, GENERAL GOVERNMENTAL OPERATIONS, REORGANIZATION AND REFORM, AND
FEDERAL, FOREIGN AND GENERAL AFFAIRS
SENATOR MARK FORBES, CHAIRMAN
COMMITTEE REPORT ON
BILL NO. 242
"An Act To Authorize Hazardous Pay for Solid Waste Technicians and Overtime Pay
Due Bus Drivers at the Department of Public Works"
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 editions of the Pacific Daily News.
Senators present at the public hearing were: Senator Mark Forbes, Chairman Senator Larry Kasperbauer, Member Senator Eddie Calvo, Member Senator Lou Leon Guerrero, Member Senator Ben Pangelinan, Member
11. SUMMARY OF TESTIMONY Individuals appearing before the Committee to present oral testimony on the bill are as follows:
Eleanor F. Borja, acting supervisor, solid waste division, Department of Public Works James F. Camacho Jr., solid waste technician, Department of Public Works Patrick T. Santos, solid waste technician, Department of Public Works Jesse Garcia, director, Department of Public Works
Eleanor F. Borja, acting supervisor, solid waste division, Department of Public Works, testified before the Committee on Bill No. 242. Mrs. Borja recommended that the position titles in the bill be stricken, because it's not fair to give these employees the hazardous waste pay only - it should read "any employee that are exposed to any hazardous waste, disease, etc.".
James F. Camacho Jr., solid waste technician, Department of Public Works, testified before the Committee on Bill No. 242. Mr. Camacho said the new budget took away their hazardous pay, which really hurt them everywhere. It would really help to get it back, he said.
Patrick T. Santos, solid waste technician, Department of Public Works, testified before the Committee on Bill No. 242. Mr. Santos said he is in favor of the bill, but said the percentage should be lifted - 8% is unjustifiable for him to risk his life. He said you don't know what's in the garbage containers - hypodermic needles, anthrax, chemicals, etc. He said there is no enforcement of hazardous waste regulations, so the public disposes of hazardous waste in regular trash containers.
Jesse Garcia, director, Department of Public Works, testified before the Committee on Bill No. 242. Mr. Garcia said that night differential and hazardous pay are already covered in public law, if he would be allowed to use his lapses. He said he does have lapses, but not much. He said maybe the Legislature could amend the bill to include overtime and holiday pay. They owe $90,000 for the bus drivers' overtime - they've paid 75%, and no lapses are left.
111. FINDINGS AND RELOMMENDATION The Committee on Rules, General Governmental Operations, Reorganization and Reform, and Federal, Foreign and General Affairs finds that Bill No. 242 would justly compensate solid waste technicians for the great risks they face in their daily duties, and justly compensate bus drivers for the overtime they have already earned.
Accordingly, the Committee on Rules, General Governmental Operations, Reorganization and Reform, and Federal, Foreign and General Affairs, to which Bill No. 242 was referred does hereby submit its findings and recommendations to I Mina' Bente Sais Na Liheslaturan Guahan TO DO PASS BILL NO. 242, "An Act To Authorize Hazardous Pay for Solid Waste Technicians and Overtime Pay Due Bus Drivers at the Department of Public Works."
m A ' H.bN'1.b >A13 NA LlHJL3LAl UlSlu~ UU~-EWUY
KU'I. .zhan Areklarnento, Hinanao Gubetnamentc iinir5t, Rifotma yan Rinueba, yan Asunton FidXttfTaotao Hiyong yan Hinirit
Senadot Mark Forbes, Gehilzr Kabisiyon Mayurdt
4 0 JAN 2002
MEMORANDUM
TO: Chairman ~omrhittee on Rules, General Governmental Operations, Reorganization and Reform, and Federal, Foreign and General Affairs
FROM: Chairman Committee on Rules, General Governmental Operations, ~eor~aniza t ion and Reform, and Federal, Foreign and General Affairs
SUBJECT: Principal Referral - Bill No. 242 (COR)
The above bill is referred to your Committee as the Principal Committee, in accordance with Section 6.04.05.01. of the Standing Rules. Your Committee is the Committee authorized to perform the public hearing on this bill and to amend or substitute the bill, as well as report the bill out to the Body. It is recommended that you schedule a public hearing at your earliest convenience.
Thank you for your attention to this matter.
MARK FORBES
A ttachrnent
155 Hesler Street, Hagstfia, Guam 96910 Telephone: 671-472-3407/408/512 -Facsimile: 671-477-5036 . Email: [email protected]
MINA' BENTE SAIS N A LIHESLATU 2001 (FIRST) Regular Session
'13- s i l l NO. P4 (it' )
Introduced by: M. Forbes A. L. G. Santos
AN ACT TO AUTHORIZE HAZARDOUS PAY FOR SOLID WASTE TECHNICIANS AND OVERTIME PAY DUE BUS DRIVERS AT THE DEPARTMENT OF PUBLIC WORKS
1 BE IT ENACTED BY THE PEOPLE OF GUAM:
2 Section 1. Legislative Findings and Intent. I Liheslaturan Gua'han find
3 that Public Law 19-19 mandated the creation of the Guam Occupational
4 Safety and Health Act (GOSHA) to assure every employee of the Government
5 of Guam a safe workplace environment and healthy working condition free
6 from recognized hazards that cause or are likely to cause death or serious
7 physical harm. Public Law 21-59 authorized the Civil Service Commission to
8 establish and implement uniform hazardous/ environmental differential pay
9 policies applicable to all departments, agencies, public corporations and other
10 public instrumentalities. Department of Public Works, Division of Solid Waste
11 Management Proposed hazardous/environmental differential policy and pay
12 procedures submitted to Division of Occupational Safety and Health (OSHA),
13 Department of Labor for review. Findings and recommendations from OSHA
1 shall, in all circumstances, and whether in whole or in part, shall be carried
over into the next fiscal year and shall be expended exclusively for hazardous
pay to solid waste technicians assigned to the Ordot Landfill, transfer stations
and solid waste collections administered by the Department of Public Works.
Section 7. Reporting Requirement. The Department of Public Works
shall submit a detailed report of the expenditures of the funds appropriated
by this Act to the Speaker of I Liheslaturan Gua'lzan, to the Chairpersons of the
Committee on Ways and Means and the Committee on Public Works, Health
and Human Services of I Liheslaturan Guihan, within sixty (60) days following
the close of Fiscal Year 2002. If any unused portion of the funds appropriated
herein is carried over into Fiscal Year 2003, the provisions contained in this
Section so do apply.
Section 8. Effective Date. The provisions of this Act shall become
effective irrunediately upon enactment.
Section 9. 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 not affect other provisions or applications of this
Law which can be given effect without the invalid provisions or application,
and to this end the provisions of this Law are severable.
Committee on Rules, General Governmental Operations, Reorganization & Reform, and Federal, Foreign & General Affairs
Senator Mark Forbes, Chairman Public Hearing
January 25,2002 10:OO A.M.
I Liheslaturan Guahan, HagHtiia
Bill No. 242 (COR): An Act To Authorize Hazardous Pay For Solid Waste Technicians And Overtime Pay Due Bus
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MINA ' I - - ENTE SAIS NA LIHEL-ATURAN GU.AHAN Kumitehan Areklamento, Hinanao Gubetnarnenton Hinirit, Rifotma yan Rinueba,
yan Asunton Fidirit,Taotao Hiyong yan Hinirh
Senadot Mark Forbes, Gehilu Kabisiyon Mayurdt
WAIVER OF FISCAL NOTE
In accordance with $9105 Title 2 GCA, I hereby certify that prompt committee action on Bill 242 is necessary to the proper conduct of legislative business. Therefore, I am waiving requirement of a fiscal note on Bill 242.
Comrni ee on Rules, General Governmental Operations, chairy Reorganization and Reform, and Federal, Foreign
and General Affairs
155 Hesler Street, Hag;tiia, Guam 96910 Televhone: 671 -472-3407/408/512 .Facsimile: 671 -477-5036 - Email: [email protected]
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MINA' BENTE SAIS NA LIHESLATURAN GUAHAN 2001 (FIRST) Regular Session
fxif)- ( t l j p f Bill No. ,/ f
Introduced by:
AN ACT TO AUTHORIZE HAZARDOUS PAY FOR SOLID WASTE TECHNICIANS AND OVERTIME PAY DUE BTJS DRIVERS AT THE DEPARTMENT OF PUBLIC WORKS
BE IT ENACTED BY THE PEOPLE OF GUAM:
Section 1. Legislative Findings and Intent. I Liheslatzivan Guihan find
that Public Law 19-19 mandated the creation of the Guam Occupational
Safety and Health Act (GOSHA) to assure every employee of the Government
of Guam a safe workplace environment and healthy working condition free
from recognized hazards that cause or are likely to cause death or serious
physical harm. Public Law 21-59 authorized the Civil Service Commission to
establish and implement uniform hazardous/environmental differential pay
policies applicable to all departments, agencies, public corporations and other
public instrumentalities. Department of Public Works, Division of Solid Waste
Management Proposed hazardous/environmental differential policy and pay
procedures submitted to Division of Occupational Safety and Health (OSHA),
Department of Labor for review. Findings and recommendations from OSHA