Eloy S. Inos Governor

Transcription

1 COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS Eloy S. Inos Governor Honorable Joseph P. Deleon Guerrero Speaker, House of Representatives Nineteenth Northern Marianas Commonwealth Legislature Saipan, MP Ralph DLG. Torres Lieutenant Governor 3'.5 OCT 2015 Honorable Victor B. Hocog Senate President, The Senate Nineteenth Northern Marianas Commonwealth Legislature Saipan, MP Dear Mr. Speaker and Mr. President: This is to inform you that I have signed into law House Bill No , HD1, entitled, "To increase motorcycle operator's safety by requiring vendors to provide DOT certified helmets to operators, providing operator instruction courses, and issuing motorcycle driver's license endorsement;" which was passed by the House of Representatives and the Senate of the Nineteenth Northern Marianas Commonwealth Legislature. This bill becomes Public Law No Copies bearing my signature are forwarded for your reference. Sincerely, I ELOY S. INOS cc: Lt. Governor; Attorney General's Office; Public Auditor; Special Assistant for Administration; Special Assistant for Programs and Legislative Review Caller Box Saipan, MP Telephone: (670) Facsimile: (670)

2 J{ouse of CJW1resentatives 19 th NORTHERN MARIANAS COMMONWEALTH LEGISLATURE P.O. BOX SAIP AN, MP September 29, 2015 The Honorable Eloy S. Inos Governor Commonwealth of the Northern Mariana Islands Capitol Hill Saipan, MP Dear Governor Inos: I have the honor of transmitting herewith for your action H. B. No , HD1, entitled: "To increase motorcycle operator's safety by requiring vendors to provide DOT certified helmets to operators, providing operator instruction courses, and issuing motorcycle driver's license endorsement.", which was passed by the House of Representatives and the Senate of the Nineteenth Northern Marianas Commonwealth Legislature. Sincerely yours, Attachment

3 Nineteentli Legisfature oftlie Commonweaftli oftlie :Nortliern!M.ariana lsfands IN THE HOUSE OF REPRESENTATIVES First Regular Session February 6, 2015 Representative Roman C. Benavente, of Saipan, Precinct 1 (jor himself, Representatives Lorenzo I. Deleon Edwin K. Propst, and Ramon A. Tebuteb) in an open and public meeting with an opportunity for the public to comment, introduced the following Bill: H. B. No , HDI AN ACT TO INCRUSE II0T0RcrCLE OPEUTOR'S SAFETY BY REQUIRING VENDORS TO PROVIDE DOT CERTIFIED BELIIETS TO OPEUTORS, PROVIDING OPEUTOR INSTRUCTION COURSES, AND ISSUING II0T0RcrCLE DRIVER'S UCENSE ENDORSEIIEN'T. The Bill was referred to the House Committee on Judiciary and Governmental Operations, which submitted Standing Committee Report 19-9; adopted May 22,2015. THE BILL WAS PASSED BY THE HOUSE OF REPRESENTATIVES ON FIRST AND FINAL READING, JUNE 4,2015; with amendments in the form ofh. B , HDI and transmitted to the THE SENATE. The Bill was referred to the Senate Committee on Health and Welfare. THE BILL WAS PASSED BY THE SENATE ON FIRST AND FINAL READING, SEPTEMBER 18,2015; without amendments. H. B , HDI WAS RETURNED TO THE HOUSE OF REPRESENTATIVES ON SEPTEMBER 22,2015. THE BILL WAS FINALLY PASSED ON JUNE 4, 2015.

4 :Nineteenth LegisCature of the Commonwealth of the Northern ::Mariana I scands IN THE HOUSE OF REPRESENTATIVES First Day, Fourth Special Session June 4, 2015 H. B. No HOI AN ACT '1'0 IN(~lll~llSI~ )IO'''OIl(~Y(~I.. I~ OI)I~llll'''OII'S Slll~lnY IIY 11l~UIJIRIN(. VI~NI")RS TO I)ROVII)I~ ))("., (~IUI'''Il~I1~)) HI~I.. )II~'''S,.,0 OI)I~llll'''OIIS, 1)IlO,TII)JN(. OI)IUIll,.,OII INS'''IUJ(~'''ION (~OIJlISI~S, lin)) ISSIJIN(; )J(""OIl(jY(jl.. l~ ))IlIVI~Il'S 1.. J(jl~NSI~ I~NI)()RSI~)II~N'I'S. Be it enacted by the Nineteenth Northern Marianas Commonwealth Legislature: 1 Section 1. Findings and Purpose. The Legislature further finds that tourists have 2 been injured and even killed as a result of motorcycle accidents in the Commonwealth. This 3 legislation shall mandate that all vendors who rent motorcycles, scooters, or mopeds shall 4 provide helmets to all riders who rent these vehicles within the Commonwealth. 5 In addition, the Legislature finds that there is currently no motorcycle safety courses 6 offered in the Commonwealth for operators of motorcycles upon its public highways. The 7 Legislature further finds that as a result, the Bureau of Motor Vehicle of the Department of 8 Public Safety do not provide for endorsements in driver's licenses issued to motorcycle

5 HOUSE BILL 19-14, HD1 1 operators on driver's licenses issued to motorcycle operators. When traveling abroad, they 2 are often not allowed to operate a motorcycle because of the absence of a motor cycle 3 endorsement on their Commonwealth Driver's Licenses. The Legislature, through 4 consultation with the Commissioner of the Department of Public Safety finds that the 5 Department of Public Safety can and have certified instructors to conduct such a course but, 6 lack the legal authority to require motorcycle operators to undergo such classes prior to 7 receiving a motorcycle endorsement on their driver's licenses. The Legislature finds that the 8 Commonwealth has been unable to access federal grant funds from the National Highway 9 Traffic Safety Administration, in large part, because of the absence of a law that requires 10 motorcycle operators to undergo a motorcycle operator's safety course. 11 Section 2. Enactment. Subject to codification by the Commonwealth Law Revision 12 Commission the following new provision is hereby enacted: 13 "101. Short Title. This Act shall be known as Motorcycle Safety Education 14 Program Act Purpose. For the purposes of this section: "Motorcycle Safety Education 16 Program" is a safety course designed to educate competency in operating a 17 motorcycle upon public streets and highways with safety to himself or herself and 18 other persons and property Motorcycle Endorsement. 20 (a) No person shall drive or operate a motorcycle or a motor scooter upon a 21 public street or highway within the Commonwealth of the Northern Mariana Islands 2

6 HOUSE BILL 19-14, HDI without first securing a regular operator's license with a motorcycle endorsement upon it. (b) Before a person who is 16 years of age and over is issued an original motorcycle endorsement on an operator's or chauffeur's license, the person shall attend, enroll, or pass the Motorcycle Safety Education Program set up by the Department of Public Safety or the Department assigned by Department of Public Safety Commissioner to initiate the a motorcycle safety course that is designed to educate competency in operating a motorcycle upon CNMI's public streets and highways with safety to himself or herself and other persons and property Motorcycle Safety Education Program. (a) The Department of Public Safety shall develop standards for, establish and administer the CNMI motorcycle safety education program. (b) The program shall include rider training courses, for novice and experienced riders, designed to develop and instill the knowledge, attitudes, skills necessary for the proper operation of a motorcycle on public streets and highways. (c) The department shall issue a certificate of completion to persons who satisfactorily complete the requirements of the Motorcycle Safety Education Program courses authorized. (1) A person who forges, counterfeits, or alters a satisfactorily completed certification issued under this section shall be fined not less than Five Hundred Dollars ($500.00) and not more than One Thousand Dollars ($1,000.00). 3

7 HOUSE BILL 19-14, HD (d) The program may include activities to increase motorcyclists' alcohol and drug effects awareness, motorcycle driver improvement efforts, motorcycle licensing improvement efforts, program promotion activities and other efforts to enhance motorcycle safety through education, including enhancement of public awareness of motorcycles. (e) The Commissioner of Department of Public Safety shall appoint a program coordinator, who is qualified to oversee and direct the program. (f) Standards for the motorcycle safety education courses, including standards for course content, delivery, curriculum, materials, and student evaluation, and standards for the training and approval of instructors shall comply with the requirements of this act and shall meet or exceed established National Highway Traffic Safety Administration standards for motorcycle safety Motorcycle Safety Education Program Course fee. An applicant for a Motorcycle Safety Education Program course shall pay at least twenty dollars ($20.00) course fee. Increase of Motorcycle Safety Education Program course fee may be sanctioned by the Department of Public Safety Commissioner if need be Exemption The requirement of a Motorcycle Safety Program may be waived if: (a) The operator has in his or her immediate possession a valid motorcycle operator's license or a valid driver's license that is endorsed to operate a motorcycle issued by any other territory, or state from the United States. 4

8 HOUSE BILL 19-14, HDI (1) Apply for a CNMI motorcycle endorsed driver's license from the Bureau of Motor Vehicle. (2) Upon issuance of the motorcycle endorsed CNMI driver's license, such person shall surrender the driver's license previously issued by the other territory, or state from the United States to the Bureau of Motor Vehicle, unless the Commissioner of Department of Public Safety has adopted other procedures for the disposition of the previously issue license. (b) The operator has in his or her immediate possession a valid motorcycle operator's license or a valid license that is endorsed to operate a motorcycle issued by the other territory or state from the United States may operate a motorcycle upon CNMI's the public streets or highway for a period not exceeding thirty (30) days from the date such person arrived in the CNMI. (1) However, upon the expiration of such thirty (30) day period, such person must have been issued a motorcycle endorsed CNMI driver's license in order to continue operating a motorcycle in the CNMI. (i) Upon issuance of the motorcycle endorsed CNMI driver's license, such person shall surrender the driver's license previously issued by the other territory, or state from the United States to the Bureau of Motor Vehicle, unless the Commissioner of Department of Public Safety has adopted other procedures for the disposition of the previously issue license 5

9 HOUSE BILL 19-14, HD (c) If an applicant presents evidence of successful completion of an approved Motorcycle Safety Education Safety course issued by another territory or state from the United States Penalties. Any person who violates any of the provisions of this Code or standards hereby adopted or fails to comply therewith, or who violates or fails to comply with any orders made thereunder, or shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder; or any certificate or permit issued thereunder, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the "Authority Having Jurisdiction" or by a court of competent jurisdiction, within the time fixed herein shall severally for each and every such violation and non-compliance, respectively, shall be a fine of not less than two hundred dollars ($200) and not more than five hundred dollars ($500) Disposition of fees. 9 CMC Section 5708 (a) inclusive. Notwithstanding 9 CMC Section 5708 (a) or any laws or provisions to the contrary, the Motorcycle Safety Education Program course fee and fines collected pursuant to this Act shall be collected and used for the restricted purpose of funding the administration and implementation of the Motorcycle Safety Education Program with the Commissioner of the Department of Public Safety as the expenditure authority. Provided further that all fines and collected pursuant to 6

10 HOUSE BILL 19-14, HDI 1 9 CMC Section 5708 (a) shall also be used specifically for funding the administration 2 and implementation of the Motorcycle Safety Education Program." 3 Section 3. Amendment. 9 CMC 5707 is hereby amended to read as follows: 4 "5707. Motorcycles, Motor Scooters or Mopeds for Lease or Rental. 5 (a) All persons leasing or renting motorcycles, motor scooters, and mopeds 6 shall provide their customers with a brief summary of the Commonwealth traffic 7 laws. Provided further, all persons leasing or renting motorcycles, motor scooters, 8 and mopeds shall be provided the use of Department of Transportation certified 9 helmets at no additional cost or expense. Vendors in violation of this provision shall lobe fined not less than two hundred dollars ($200) and not more than five hundred 11 dollars ($500) for every separate offense." 12 Section 4. Severability. If any provisions of this Act or the application of any such 13 provision to any person or circumstance should be held invalid by a court of competent 14 jurisdiction, the remainder of this Act or the application of its provisions to persons or 15 circumstances other than those to which it is held invalid shall not be affected thereby. 16 Section 5. Savings Clause. This Act and any repealer contained herein shall not be 17 construed as affecting any existing right acquired under contract or acquired under statutes 18 repealed or under any rule, regulation, or order adopted under the statutes. Repealers 19 contained in this Act shall not affect any proceeding instituted under or pursuant to prior law. 20 The enactment of the Act shall not have the effect of terminating, or in any way modifying, 21 any liability, civil or criminal, which shall already be in existence on the date this Act 22 becomes effective. 7

11 HOUSE BILL 19-14, HDI 1 Section 6. Effective Date. This Act shall take effect upon its approval by the 2 Governor, or its becoming law without such approval. Attested to by: ~ Limta: 4Iiitl,HOUSe Clerk Certified by: ~t~ this (S'k-- day ~ Ih.~/) ~ --=_-'--, 2015 ELOYS.INOS Governor Commonwealth of the Northern Mariana Islands 8