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JAN 2 7 1992

. - 7

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,* $.;, ,*,:3 $-$F 9 * 2' >'-"

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The Honorab le Joe T. San A g u s t i n \b.8~'a'L

Speaker, T w e n t y - F i r s t Guam L e g i s l a t u r e 155 Hes le r S t r e e t Agana, Guam 96910

Dear M r . Speaker:

T r a n s m i t t e d h e r e w i t h i s B i l l No. 324, wh ich I have s igned i n t o

law t h i s d a t e as P u b l i c Law No. 21-90.

S i n c e r e l y , c4 JOSEPH F. i~~ ADA

/ Governor

At tachment

TWENTY-FIRST GUAM LEGISLATURE 1992 (SECOND) Regular Session

CERTIFICATION OF PASSAGE OF AN ACT TO THE GOVERNOR

This is to certify that Substitute Bill No. 324 (COR), "AN ACT TO ADD $33104 TO TITLE 17, GUAM CODE ANNOTATED, TO ESTABLISH A TRAINING LOAN PROGRAM FOR TRUCK DRIVERS AT THE GUAM COMMUNITY COLLEGE, AND FUNDING SUCH PROGRAM THROUGH THE TRANSFER OF LAPSED FUNDS," was on the 10th day of January, 1992, duly and regularly passed. 0

, JOE T. SAN AGUSTI~~ 1- Speaker

Attested:

PILAR C. L ~ A N Senator and Legislative Secretary

This Act was received by the Governor this /~-tCday of va,- 1992, at . s : o r o'clock P.M.

/ Assistant Staff Officer Governor's Office

APP VED: 9 - / Governor of Guam

Date: JAN 2 7 1992 Public Law No. 2 1-90

TWENTY-FIRST GUAM LEGISLATURE (199 1) FIRST Regular Session

Bill No. 324 (COR) As substituted by the Committee on Rules

Introduced by: C. T. C. Gutierrez M. Z. Bordallo J. P. Amon D. L. G. Shimizu E. P. Amola H. D. Dierking P. C. Lujan G. Mailloux D. Parkinson J. T. San Agustin F. R. Santos J. G. Bamba A. C. Blaz D. F. Brooks E. R. Duefias E. M. Espaldon M. D. A. Manibusan M. J. Reidy M. C. Ruth T. V. C. Tanaka A. R. Unpingco

AN ACT TO ADD 533104 TO TITLE 17, GUAM CODE ANNOTATED, TO ESTABLISH A TRAINING LOAN PROGRAM FOR TRUCK DRIVERS AT THE GUAM COMMUNITY COLLEGE, AND FUNDING SUCH PROGRAM THROUGH THE TRANSFER OF LAPSED FUNDS.

1 BE IT ENACTED BY THE PEOPLE OF THE TERRITORY OF GUAM:

2 Section 1. Loan Program. 933104 is hereby added to Title 17, Guam

3 Code Annotated, to read:

4 "533104. (a) Truck driving training loans. A truck driving

5 training loan program (the "Loan Program") is hereby established

6 for each student accepted into the Guam Community College

7 truck driving training course. Such student may apply for a Five

8 Thousand Dollars ($5,000) training loan if the applicant has taken

9 and passed the "C" motor vehicle license written examination

10 given by the License and Registration Section of the Department

11 of Revenue and Taxation. Such loan shall fund the borrower's

12 expenses during the period of training, but loan funds shall only

13 be advanced in increments as needed to fund current tuition or

14 expenses for training, equipment and accessories as verified by

15 the Guam Community College. No funds shall be advanced

16 unless the student is in the process of attending classes, and is

17 continuin to attend classes until the program is completed.

18 Should a student cease to attend classes, loan advances shall

19 cease and pro-rated unused loan portions previously advanced

20 shall be returned to the Guam Community College. If the

21 borrower graduates from the truck driving training course and is

22 thereafter employed as a truck or tractor driver for at least one (1)

23 year, such loan shall be considered a grant. The Guam

24 Community College, pursuant to the Administrative Adjudication

25 Law, shall establish rules and regulations on collateral necessary

26 to obtain loans under the Loan Program, and the repayment of

loans not deemed grants.

(b) Termination of Loan Program. The Loan Program shall

terminate on June 30, 1997, except that those students whose

training loans have been approved prior to such date shall be

permitted to utilize their loan to complete their training, subject to

the provisions of subparagraph (a) of this section."

Section 2. Transfer. (a) Recently, the Governor and Lieutenant

Governor have called for cost-cutting to be implemented throughout the

departments and agencies of the government of Guam. At the present time,

the Legislature finds that these procedures are desirable, and also finds that it

is desirable to avoid making large appropriations unless they are urgently

necessary. It is also the finding of the Legislature that both the Guam

Community College and the Department of Public Works have received

ample funding for Fiscal Year 1992, and that many extra positions that were

authorized have not yet been filled. For this reason, the Guam Community

College and the Department of Public Works have funding available for

transfer to the purposes set out in this Act.

(b) The Governor shall transfer One Hundred Fifty Thousand Dollars

($150,000) from the lapsed funds of the Guam Community College to provide

Five Thousand Dollar ($5,000) loans for the truck driving training loan

program established in Section 1 of this Act.

(c) The Governor shall transfer such sums as are necessary from the

lapsed funds of the Department of Public Works to purchase a tractor and

trailer for a truck, and twenty foot (20') and forty-foot (40') IS0 containers to

carry 60,000 to 80,000 pounds of cargo for use in the truck driving training

course at the Guam Community College.

TWENTY -FIRST GUAM LEGBATURE 6 / J) 1991 (FIRST) Regular Session

Date: /h/$9- VOTING SHEET

B ~ I I NO.. 3d f Resolution No.

EEIDY. Michael J.

RUTH. M a C. vbr

S A N AGUSTIN. Joe T. V- I

SHIMIZU. David L.G. I --i ! f

TANAKA. Th V.C. I

./ omas I

I / UNPINGCO. Aaonio R.

TWENTY-FIRST GUAM LEGISLATURE (199 1) FIRST Regular Session

Bill No. 324 (COR) As substituted by the Committee on Rules *

Introduced by: C. T. C. Gutierrez M. Z. Bordallo . J. P. Amon D. L. G. Shirnizu E. P. Arriola H. D. Dierking P. C. Lujan G. Mailloux D. Parkinson J. T. San Agustin F. R. Santos J. G. Bamba A. C. Blaz D. F. Brooks E. R. Dueiias E. M. Espaldon M. D. A. Manibusan M. J. Reidy M. C. Ruth T. V. C. Tanaka A. R. Unpingco

AN ACT TO ADD 533104 TO TITLE 17, GUAM CODE ANNOTATED, TO ESTABLISH A TRAINING LOAN PROGRAM FOR TRUCK DRIVERS AT THE GUAM COMMUNITY COLLEGE, AND FUNDING SUCH PROGRAM THROUGH THE TRANSFER OF LAPSED FUNDS.

1 BE IT ENACTED BY THE PEOPLE OF THE TERRITORY OF GUAM:

2 Section 1. Loan Program. s33104 is hereby added to Title 17, Guam

3 Code Annotated, to read:

4 "533104. (a) Truck driving training loans. A truck driving

5 training loan program (the "Loan Program") is hereby established

6 for each student accepted into the Guam Community College

7 truck driving training course. Such student may apply for a Five

8 Thousand Dollars ($5,000) training loan if the applicant has taken

9 and passed the "C" motor vehicle license written examination

10 given by the License and Registration Section of the Department

11 of Revenue and Taxation. Such loan shall fund the borrower's

12 expenses during the period of training, but loan funds shall only

13 be advance in increments as needed to fund current tuition or

14 expenses for training, equipment and accessories as verified by

15 the Guam Community College. No funds shall be advance unless

16 the student is in the process of attending classes, and is continuin

17 to attend classes until the program is completed. Should a student

18 cease to attend classes, loan advances shall cease and pro-rated

19 unused loan portions previously advanced shall be returned to the

20 Guam Community College. If the borrower graduates from the

21 truck driving training course and is thereafter employed as a truck

22 or tractor driver for at least one (1) year, such loan shall be

23 considered a grant. The Guam Community College, pursuant to

24 the Administrative Adjudication Law, shall establish rules and

25 regulations on collateral necessary to obtain loans under the Loan

26 Program, and the repayment of loans not deemed grants.

(b) Termination of Loan Program. The Loan Program shall

terminate on June 30, 1997, except that those students whose

training loans have been approved prior to such date shall be

permitted to utilize their loan to complete their training, subject to

the provisions of subparagraph (a) of this section."

Section 2. Transfer. (a) Recently, the Governor and Lieutenant

Governor have called for cost-cutting to be implemented throughout the

departments and agencies of the government of Guam. At the present time,

the Legislature finds that these procedures are desirable, and also finds that it

is desirable to avoid making large appropriations unless they are urgently

necessary. It is also the finding of the Legislature that both the Guam

Community College and the Department of Public Works have received

ample funding for Fiscal Year 1992, and that many extra positions that were

authorized have not yet been filled. For this reason, the Guam Community

College and the Department of Public Works have funding available for

transfer to the purposes set out in this Act.

(b) The Governor shall transfer One Hundred Fifty Thousand Dollars

($150,000) from the lapsed funds of the Guam Community College to provide

Five Thousand Dollar ($5,000) loans for the truck driving training loan

program established in Section 1 of this Act.

(c) The Governor shall transfer such sums as are necessary from the

lapsed funds of the Department of Public Works to purchase a tractor and

trailer for a truck, and twenty foot (20') and forty-foot (40') IS0 containers to

carry 60,000 to 80,000 pounds of cargo for use in the truck driving training

course at the Guam Community College.

>' t-' 0 R

TWENTY-FIRST GUAM LEGISLATURE 155 Hesler Street

Agana, Guam 969 10 Tel: (671) 472-3581-3

CHAIRPERSON

COMMll'TEE ON EDUCATION

SEN. DAVID L.O. SHlMlZU vi*Chritparoon

Sen. Marilyn D A. Manibunn Vice-Speaker John P. Aguon

Ssn. Thomu V.C. Tarulu Sen. Carl T.C. Gutlerrer San. J . Georgo B m b .

sen. E l t u b t h P. Arriola Sen. Anthony C. Blm

Sen. Hermink D. Dierkiug Sen. D o h F. Bmok

Sen. Edward R. Duenas

Fax: (671) 472-3585

July 26, 1991

The Honorable Carl T.C. Gutierrez Chairman, Committee on Ways and Means Twenty-First Guam Legislature 155 Hesler Street Agana, Guam 96910

Dear Mr. Chairman:

The Committee on Education, to which was referred Bill No. 324 "AN ACT TO ADD A NEW SECTION TO TITLE 17 GUAM CODE ANNOTATED, RELATIVE TO A TRAINING PROGRAM FOR TRUCK DRIVERS AT THE GUAM COMMUNITY COLLEGE.In does recommend that the Bill be Passed by the Twenty-First Guam Legislature. Favorable consideration of Bill No. 324 by the Committee on Ways and Means is requested.

Votes of education committee members are as follows:

To Pass L TO ~ o t Pass D Abstain 0 To Place in Inactive File .d- Off-Island

Not Available

Enclosures

COMMITTEE ON EDUCATION

COMMITTEE REPORT

ON BILL NO. 324

"AN ACT TO ADD A NEW SECTION TO TITLE 17 GUAM CODE ANNOTATED, RELATIVE TO A TRAINING PROGRAM FOR TRUCK DRIVERS

AT THE GUAM COMMUNITY COLLEGE."

A Public Hearing on Bill No. 324 was conducted by the Committee on Education on Tuesday, May 7, 1991, in the Public Hearing Room, Legislative Building, Agana.

MEMBERS PRESENT: Chairperson Madeleine Z. Bordallo; Vice- Chairman David L.G. Shimizu; and Member Senators Elizabeth P. Arriola, Carl T.C. Gutierrez, Anthony C. Blaz, Doris F. Brooks, and Thomas V.C. Tanaka.

WITNESSES PRESENT: John C. Camacho, GCC; Alan Kohan, Dean of Occupational Education, GCC; John Limtiaco, Pacific Unlimited; and Mayor Frank M. Portusach.

SUMMARY OF TESTIMONY

GCC currently trains heavy equipment operators, but not semi- tractor-trailer operators specifically. Students are given 45 contact hours per week, over two semesters. Actual road time on their one piece of equipment depends on student interest. GCC classes are preparatory to apprenticeship training with private firms. GCC used to graduate 2-3 students per year in this area; now over 20. Expanding the apprenticeship program is cheaper than in- house class expansion. Costs of a tractor and trailer for class use is $220,000 for equipment, and $42,000 for annual insurance. The amounts listed in the bill, plus these amounts, are adequate, per GCC representatives.

Pacific Trucking currently operates a tractor-trailer school (See attached student agreement). The Port Authority of Guam lacks drivers, who are paid $13 to $17 per hour. Private wages start at $12.50 per hour plus bonus and benefits. Demand for arivers is high: an estimated 40 vacancies exist. Pacific trucking is training new drivers in addition to in-service upgrading of its own drivers. Use of experienced truckers, and behind-the-wheel training is difficult for the company to afford, due to heavy daily demand. Driver time behind wheel is limited by U.S. Dept. of Transportation inspectors. Trucking companies cannot bring in foreign laborers, as construction contractors can. Minimum age per DOT is 21 years; Guam law allows 18 yrs.

Guam law does not allow for learner's permits for trucks: Students take a license exam for ItBw rated trucks, and, upon passage, a 90-day license is granted without a chaufferts license, required for commercial employment.

COMMITTEE FINDINGS/RECOMMENDATIONS

The Committee finds that additional funds would allow GCC to expand its course offerings to meet actual demand for local commercial and government semi-tractor-trailer drivers.

The Committee recommends that Bill No. 324 be Amended by the committee on Ways and Means to reflect needed amounts for a tractor unit and trailer adequate for class training purposes, and Passed by the Twenty-First Guam Legislature.

ATTACHMENTS

Voting Sheet on Bill 324. Bill 324. ~estimony by GCC President John T. Cruz. ~estimony by John T. Limtiaco, pacific ~rucking Company. Operator Training Agreement of Pacific Trucking Company. "Driving School Loan Rulesw reprint from Heaw Duty Truckinq

magazine, January 1990. Sequential Referral from Committee on Rules. Fiscal Note from BBMR. Witness Attendance Sheet.

COKMITTEE ON EDUCATION

VOTING SHEET

ON BILL NO. 324

"AN ACT TO ADD A NEW SECTION TO TITLE 17 GUAM CODE ANNOTATED, RELATIVE TO A TRAINING PROQRAn POR TRUCK DRIVERS

AT THE GUAM COMMUNITY COLLEGE."

TO NOT TO TO TO PLACE IN COMHXTTm MEMBER E B k a M 2 d w A T . K 1-

-- .' - -

Member /

r f k 4 I -- ELIZABETH P ̂ARRIOLA Member

J . -- H W I N I A D. DIERX%&G Member,

' - - - \ , - -'?. --

CARI-T.C. GUTIERREZ Member

-- DON PARKINSOX

1 (I -- EDWARD R e DUEHAS

MARILYU D. A. UAUIBUBAU - - -

TWENTY-FIRST GUAM LEGISLATURE 199 1 (FIRST) Regular Session

Bill ~ 0 . ~ 4

Introduced by: CommitteVon Ways and Means

AN ACT TO ADD A NEW SECTION TO TITLE 17 f ycY ' GUAM CODE ANNOTATED, RELATIVE TO A 5-

. Y'-l TRAINING PROGRAM FOR TRUCK DRIVERS AT

.>, ' - P THE GUAM COMMUNIN COLLEGE.

d, '

1 BE IT ENACTED BY THE PEOPLE O F THE TERRITORY OF

2 GUAM:

3 Section 1. A new code section, to be numbered by the

4 Compiler of Laws, is added to 17 GCA to read:

5 5 Truck Driving Training Loans.

6 A truck driving training loan program is hereby

7 established. Each person who is accepted into the Guam

8 Community College truck driving training program is

9 eligible to apply for a five thousand dollar ($5,000)

10 training loan, provided that the individual has taken and

11 passed the "C" license written examination at the

1 2 Vehicle License Registration Bureau of the Guam

13 Department of Revenue and Taxation. The loan is to be

1 4 used to fund the individual's expenses during the period

1 5 of training. If the individual graduates from the truck

1 6 driving training program and is later employed as a truck

17 or tractor driver, the loan is to be considered a grant.

1 8 The Guam Community College shall establish rules and

1 9 regulations concerning collateral necessary in obtaining

the loan, and in the case of those loans not considered

grants, concerning .their repayment."

Section 2. One Hundred Fifty Thousand Dollars

($150,000) are appropriated from the General Fund to the Guam

Community College to provide Five Thousand Dollar ($5,000) loans to

the truck driving training loan program as specified in Section 1 of

this Act.

Section 3. Such sums as are necessary are authorized to

be appropriated to the Department of Public Works to purchase a

tractor and trailer for a truck, and 20 and 40 foot I S 0 containers to

carry 60,000 to 80,000 pounds of cargo for use in the truck driving

training program at Guam Community College.

V

"Acmedited by fhe ~ e n f $ n k d o w a t i o n a 6 Schaah and CaUegu"

P. 0. Box 23069 Guam Main Facility Guam, 96921

Honorable Madeleine 2. Bordallo Chairman, Committee on Education Twenty-First Guam Legislature P.O. Box CB-1 Agana, Guam 96910

TESTIMONY

BILL 324: "AN ACT TO ADD A NEW SECTION TO TITLE 17 GUAM CODE ANNOTATED, RELATIVE TO A TRAINING PROGRAM FOR TRUCK DRIVERS AT THE GUAM COMMUNITY COLLEGE

Presented to the Committee on Education at a Public Hearing held on May 7, 1991,

Senator Bordallo and members of the Committee on Education:

The Guam Community College supports the intent of Bill 324 to provide training in the skill of driving large trucks/tractors. We have been in touch with various companies and associations who have related to us that there is a need for more and better trained drivers. Our most recent contact has been with the Chamber of Commerce, who are very concerned about this shortage. Meetings are ongoing to determine the extent of the problem and to develop appropriate solutions.

At present, GCC doesn't have a specific truck driving program. We provide training on the operation of certain pieces of heavy equipment such as graders, bulldozers, steam rollers, and backhoes. We also own a 1967 Peterbilt Tractor and an early model small capacity dump truck. Although students are afforded the opportunity to operate these trucks, no formal curriculum specific to truck driving has been developed. We have been told by at least two of our employers/advisors that our trucks are inappropriate for the task of training drivers to operate modem trucks used in the industry today.

To enable the College to develop a truck driving program, some resources would be required. The development of the curriculum could be accomplished with available resources. However, upon implementation, funding for at least one full-time instructor would be needed along with funding for equipment and instructional supplies. We would recommend that money for the purchase of equipment be given to GCC directly. The integrity of the instructional mission could be jeopardized if this equipment does not fall under the direct control of the College. If another entity holds title to the equipment, what would preclude them from pulling the equipment away from the program if the need arises?

A UNITED STA TES TERRITOR Y, DOMESTIC POSTAGE REQUIRED An Equal Opportunity Employer

In essence, we support the intent of Bill 324. Our experience in our Apprenticeship Program has shown us that the formula, training + incentives, works. Providing a solid training program, coupled with providing incentives to students to participate, has proven to be very successful in our efforts to provide skilled journey workers to the construction industry. We feel this formula will also prove successful in training truck drivers. THis loan program, however, will require a great deal of thought to implement. The Government's experience at collecting on student loans has been quite dismal. UOG and the Federal Government experience are cases in point. The program will also require, at the least, one full-time person to administer.

We would appreciate the opportunity to continue our needs assessment activities. Upon completion, a more definitive plan of action can be developed and presented to the Committee for consideration.

Should you have any questions or concerns, we are available to address same. Thank you for the opportunity to express our views.

k r b JOHN T. CRUZ

President

Committee on Ways & Means , , Twenty First Guam Legislature Government of Guam Agana, Guam 96910

Hon, Sen. Carl T,C. Gutierres, Chariman and Committee members

Myname is John T. Limtiaco, President of Pacific Unlimited, DBA: Aqua Systems and Pacific Trucking Co.. It is with great pleasure and an honor to appear in front of this committee, testifying in favor of Bill No, 324, with some comments,

Background:

Because of the vast developments taking place on Guam, our leaders were extremely busey preparing our people to meet the demands of the Visitors Industry but, for some reason or another, we forgot to prepare our people to provide the heavy equipments industry with the much needed qualified Truck/tractor operators, Inorder that we can support the heavy equipment industry involved in the construction of the hotel industry and the golf courses to mention a few, we must Prepare our comunit~- We must remember that without these operators, our industries can not beduilt as no one will be available to move the required materials and supplies to erect the structures.

At present, many heavy equipment companys are engaged in "Pirating" seasoned tractor operators, dump truck operators from well established business on Guam, as most of these foreign coperations are engaged in multi-million projest and can afford to pay extremely competitive wages as compared to local truckers engaged in moving food and other supplies from the Port of Guam to the various markets and retailers on Guam. Inorder forthe local trucking industry to survive, we must raise our pay scale to compete with the Civil Service, Government of Guam and the Foreign coperations. In doing so beassurred that the prices of various commodities will increase appreciably,

, 'i I

, + v . Bgpguse of these prevailing conditions, inorder for our company to k t q q , .

2 3 , *. q$gy qbreast with the industry, we are forced to embarked in training

1 L r .I

I ' Q M ~ own operators. In doing so, we have also experienced that we are

I 1 8 .5tj.J1 loosing our operators to the Government of Guam or to the other $ >&'4";; ;,*,<:I , :, ,- 1 + I ngy ;foreign heavy equipment operators.

I f ' t t e 6 i 6.. J.I','.,;.,::l:L

i ' I ) t,,"rf$gcapse of the cost of training, we are now entering contracts with ' i % -. ? : - - . " ' + ' ' q g ~ new trainees, whereas, upon graduation, we have the right of first 1 ,

, k L , , , a . , refpsgl to hire our graduates. Upon completion of training, we hire + tr',the candidate and require no reimbursements of training if the candidate

t ' ( ' I , , - ' , a i l :!Jygmgrin with our company for at least one (1) year. If candidate elect ji./rt"L/ I I t tq work for someone else, he will be required to reimburse our com-

i . I + is pgpy for the cost of training, t,\ ' ,

3 . , I e l l 1 --

:, ):?>j!.;~:.,j:;'l' (,I :,>::i;;;:)/i ;: ' < , fi,,l,xi !'i 4 .'lJi4ffer the end of the Second World War and the Korean con£ lict, thousands

"' >?;;,;q,l i; j ; , , ''!,.::*I# ,;:';,.,,,'f., Q£ ,,.veterans took advantage of the G. I . Bill benefits for their education

; ,: a $', , t ,1~.,.,2:!1:3"~;.. CQ prepare them to return to the civillian community. Many took courses :++: ..,* {, ,{!,.,

~in'colleges and various trade school without having to check if they , ! ! ;, *.,,. .4,,1;.~,L;i';; ..T;,',,;~, have any opportunity in gaining employment in the courses they are .;,r.&,g).'::l. i , I,!:,;- ;:j$;~;:~%'~$!,~~, i < , tjtking. Why not!. The government is providing tuitions and a little

:.:,$y${:i;j i , ; v ! : extra to survive while going through training. This is an opportunity : , :.,;;4 , , .A;~,:,~,I,I~ , ' t learn, relax and not to worry about employment. It is a free ride :j;/;ltt;:; ,;! " . *

t~~.~,'j:$~\,!prr, ..,,.,, f rem Uncle Sam. The Federal Government realized this and eventually f , - .,,$ft .,,, ':*;,! !,,y,:, .y, I,,;:I, revised the program. This is not what we want to see with this proposed ,' ~ ~ r ; , ? , , . ,,;',l,; I ! , .-:*.:u>is{j i.6 , '1; program.

,,r ,,,,, .l;.lr,!fl,. .! ' < . , I .' , ,,

;,.,:*i ,., ~ ~ ~ ; : ~ r i ! < * J i > ! : ~ ~ e f this program to be success£ ul. We want the overnment to. assist .' Q':";zJ.',

, . ,, ,c,;',i"<people who are not employed learn an occupation so t z ey may be gainfully ~ , , st,t . - a ~ ~ ~ : f i ~ s ~ ,,,, ,,,T;, -,:,* '3. :, I*,, ,$+:.I!, f

pnployed and not stand on food stamp line or any other public assistance - , i f \ ' = ~ : % { ~ i : ; ; ~ ~ h e :,L, ~ ~ l , : , , , #; , s sum of $5,000.00 dollars is a very insignificant investment in pre- I_...

, , . . . _ . . . ,.( paring an individual to be gainfully employed.

:: ,2$ ,,,, #;' pa: ; .~ .,

-up the training program, I recommend that the GCC officials n the training program should work with the AD HOC Committee amber of Commerce -for Transportation Industry, the Department rtation (DOT) branch of the Reveneue and Taxation of the . I strongly believe that the government officials working usiness community will come up with a program that will meet f the industry.

N BILL 324.

, line 7, should read, " each person who is accepted into the Community College or any other facility offerring comparable

1, line 11, should read" passed the "B" license or passed icense written examination and obtain a "Tractor or Truck" ermit from the vehicle license and Registration branch of evenue and Taxation,

' ,;, , , & . 3 Page 2, line 8, Section 3 , The Guam community College is a well

established entity of the Government and have demonstrated their . , ' ,. ,

, , . ability to managed their affairs. Sometime ago, the Dept. of Public . , , . ' . . , .

*,. . . . WUeks borrowed a heavy equipment from the Guam Community College and ' j 1

' , " , , , , .8t)fhehow lost the equipment. We don't want this to happen again. Beside

i . ' " :kle<do not want the equipments to be use on a public works project and

', <, "',,, , . , , :.. .. :;: , $ , . hindering the original purpose for the use of the equipment.

' . . I . " , 8

+ s:;,;: . , f t J , ; ' , ! ( . : I ,

. ", . , " '.;.. d,;,,:l,,Iil closing, I wish to extend my sincere appreciation to Hon. Sen. Carl

L. ;.,'j>i!''.':G~tierrez for his immediate response to the need of the business commu- I , :., ,,.'I

---.

RCL' - BY: AEROX TELECOP I ER 7010e4-23-31 3 : 51PM ; - . - - - - CiPR 29 '91 15:42 KBS&J

_ ( IaCandf date Traineetr or

"C.T. " ) wishes to enroll in pacif ic Unlimited Corporation,

d/b/a Pacific Trucking16;1 (ltTrainerft) tractor-trailer operator

training program.

Since there 1s a lack of tractor-trailer operator

training facilities on Guam and a limited number of qualified

operator8 available, Trainer has instituted a comprohenoivo

training program to provide these operators,

Trainer rrquiree that all applicants to be considered for

a p ~ ~ l t i o n as a tractor-trsiler operator with ~rainer'a

company aucueeafully complete t h i s 90-day operator training

program and be granted a chauffeur's license by the Government

of Guam. These applicant8 will be known as Candidate Trainees

It i a understood and 4 agreed by C.T. that during t h i s 90-

day training progrm, C.T. will be a probationary employes.

CwTm will be paid per hour during this probationary

period, Trainer reoervos the right to terminate a

probationary employee for any reamn.

Due to the aonaiderable expense required to license

C,T.ls as ahauffeura by the Government of Guam and for these

C.T. ' 8 to gain the level of competence required by Trainer of

it8 operatar@, Trainer wishes to proteat itself from the loss

of this expenditure in the event it is unable to enploy C.T.

as an operator for at leaat one (1) year. Trainer and C.T.

RCU BY: XEROX TELECOPIER 7010 ; 4-29-91 3: 51PM ; - - 3 6714724293

QPR 23 '31 15:42 KBS&J @

hereby agree that $5,000.00 is a fair and equitable fee for

this 90-day program,

In the event C.T. has applied for a position with Trainer

as a tractor-trailer operator, Trainer will waive the training

program fea under the following conditionsr

C.T. must complete the 90-day training program and pass

the Government of Guam Chauffeur's License examination. Upon

satisfaation of these two conditions, C.T. will then be

con~idered for employment by ~rainer and C,T. agreee that

Trainer shall have right of first refusal to hire C.T. as a

tractor-trailer operator, ~f Trainer terminates employment of

C.T. during probationary period or daas not hire C.T. after

aompletion of the program, C.T. io not obligated to reimburse

Trainer for the program fee.

In the event C.T. is hired by ~rainer after completion of

the program, C.T. agreee C t o remain employed by Trainer f o r at

leaet one (1) full year,.from hire date to remain eligible for

waiver of training program fees. C.T. hereby agree8 that in

the event C.T. voluntarily leaves the employ of Trainer for

any reaeon, ar if C.T. ir terminated for oaum by ~rainer due

to C.T.'s failure to comply with company pollaibls,

insubordination ar habitual absenteeism, C.T. shall reimbur~e

Trainer the training program fee pursuant to the following

schedule t

(a) If C.T. voluntarily terminates e m p l o y ~ n t or, i a

terminated for causo within the firet six months of initial

. ""W RCU BY:XEROX TELECOPIER 7010 ; 4-29-91 3 : 5 2 P M ; - - 3 6714724294

APR 29 "31 15:43 KBSZJ -

employment period, C.T. shall reimburee Trainer the en t i re

Five Thousand Dollar ($5,000.00) training program fee.

(b) If C.T. voluntarily terminates employment or, is

terminated for cause during the seventh through twelfth month

of initial employment period, C.T. ahall reinrburwa Trainer

One-half (1/2) of the traihing program fee or Two Thouerand

Five Hundred Dollars ($2,500.00).

C.T. agreea that the only exception to reimbursement of

training program fee a f te r c.T.'~ voluntarily termination

rphall be if C.T. is found by a physician to be unable L O

perform the duties required by Trainer of its tractor-trailer

operators.

Xt is further agreed that C,T, shall pay Trainer all

coats and expenses, including reasonable attorneye' fees and

collection expenaesi incurred by Trainer i n recovering training

program expensaa in the - event C.T. voluntarily terminates

empl~ymebnt or is termirynted by Trainer for causias.

TRAINEE t TRAINER:

PACIFIC UNLIMITED CORWRATIO#r d/b/a PACI#XC TROCXINO

BY I Authorized Representative

Dater: Data t

RCV BY: XEROX TELECUPIER 781@ ; 4-29-91 3: S2PM ; - - 9 C71472423+

APR 29 '91 15:43 KBS&J

TERRITORY OF GUAM 1 ) sera

CITY OF 1

On this - day of , 1991, before me, a Notary Public in and for the Territory o f Guam, petsonally appeared I

known to me to be the authorized representative of pacific Unlimited Corporation, d/b/a Paaif i c Trucking, a aorporation, and acknowledged to me that he executed the foregoing Operator Training Agreement, in suah capacity, being fully authorized to do so, and for the purposes and ccn~iderations contained therein.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal tho date laat above written.

Notary Public

TBRRITORY OF GUAM ) ) ss*

CITY OF 1

On this day of , 1991, before me, a Notary public fn and for the Territory of Guam, pei'sonally appeared ,. I

known to me t o be the person whose name I s sub~cribed to the foregoing Operator Training Agreement, and aclurowledged to me that he executed the came f o r the purposeg and considerations contained therein.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my off io ia l Heal the date l a s t above written.

Notary Public

cili . -... .

1 :bli i.. i !<) r h ~

PA) cal attempt for you1

lls the ac L to redltl -- ----I-

New loan legislation restricls borrowing and

P A T R I C I A McCULLOUGH &$or Ed*

choois say their Prop~nents say t k , & m s will critical as mast students in propri- .

nrs people ~d for training cost and tuition. Truck . in ~wpplemedhl career training ather than driving schools say they can't offer a *

IS) Tor students more traditional c two- and highqualitytrainingprogram for that with 300 to 600 four-year educat a' And, as Kynaston noted, there are

In l i t i ~ te of America (ll'DIA), -ti- requirement will also disct

lnt {GED) eertif- truck drivers cr rn Title IV students, even though those same atify for student Federal Depart1 Education students are'plaeeable in the trucking '

M o r d Loans ( r u z u l u r d student industry at above average wages," tai Student poi fmes Forsythe, president,

ransportation' Education a

. .!, For students attenalng s c h a ~ l s thrt Cer .. aryl president of the le Association of CertGed Trucking !Q Schools, an organization of schooh m certified by ETDIA.

noted by Terry Turner, e x e c u ~ ~ v e I=, the money that director of the Inemate Truckload )r both tuition and Carriers Conference, a graduate of a

pointed out. 'living expena ry $22,000 t4 $24,000 a year- annual

is, of cou used fc

tion 'a tl

ce am= w h o war

hinly veil1 and choi ~t to attel

sch& r academi

ion pmw:

rase the aduaw <

- rpplemen ell Grants . .. he amour 5. Add ubtract w

number :orning in

~t availab the $1,5C arious loa

res are vei

nts out JI ~erican TI rters Inc

-

college graduates. ' Tl~e American Truck~ng Assns has

opposed t he prorating of student loans based, on length of program, suggesting instead that loans for truck

. dr~ving school students be limited to schools that meet standards set by YI'DIA.

Others "have suggested improved ' communications between financial

institutions,~schools, students and em~l0~ers:'Though keeping track of studen? after kraduation is a problem

rs, beping track of lenders is often a prc)blem for graduates.

: A bank of. !savings and loan that makes the 1~An usually sells it to a

-'-4secondary ?$rket before the loan is i ! f l ~ q , ~fZen~c+sing, confusion among ; ' j ~ t , l h ( l ~ n ~ ~ I ~ h d i i t ~ i c a l ! y have little or 2 9,Ct c W i f expbriencet ,, ,,, l l ~ % ! ~ 6 ~ ~ s particularly costly to

~ , , l l , l . l . ,%~~ ice ; l sudhnt loans for truckers . , I ~ ~ , ~ I, , ~ F ~ ~ ? , P R % $ ~ u c ~ drivers are so difficult

, , , , h? , : riWb I %cording to Kynaston, , I , , , ,.,.y{despread boncern for fraud and

A y j a , ~ ~ ? b?S pkompted,the government

,, l.;tr), $&ket.,9ctjon against individual , b l l , ilpfiqgql~,~in61uding refusal to pay

earheaded cciefault man-

results ' of that effort ,%,.positive impact on

;, ,, ,fl,?,ftt~'fi fi)F% forJ989,

IP) lgets trucking !,,invoked., Started three ,,'$@IP;~encaurages three

n :with!outstand-

payments; and/or repayment of all or part of the outstanding loan as a driver incentive.

"If the driver is good and the company wants to keep him, they might consider picking up some of his loan payments," McAlpin explained of the third alternative.

Hg said TRIPS has had only 'bar- ginal success" so far but the organi- tation plans to make it a priority this year-in preparation for the further cuts in aid to vocational school students that might come with reau- thorization of the Higher Education Act in 1991.

T h e fact that financial aid pro- grams have sometimes been abused is a given," said Forsythe. "However, rather than having a knee-jerk reac- tion, it is important that the time be taken to skillfully draft legislation to target only the abusem, and not the productive institutions delivering training and economic progress."

Skillful legislation, he added, would include accountability for everyone involved in the student loan pro-

gram-studen ts, schools, financial institutions, and the government.

In the meantime, the current situa- tion will provide both disaster and opportunity, Kynaston said. Of the estimated 300 truck driver training schools, the mqjority are privately owned or "proprietary" schools. Some of these schools will goout of business, he predicted. Others will 'get tough financially and restructure, offering no-frill solid training for less cost and make less money out of it."

The public vocational schools will likely ex*and in number and students trained. The well-managed propri- etary school3 will have a bigger share of the training pie and there will be many new schools started.

"In 1990, truck driver employers will have an even harder time getting drivers," he said. Their usud school sources may be out of business or producing fewer entry-trained driv- ers. Motor carriers may find it neces- sary to move into corporate training and/or partnership relationships with both public and private schools." I

JANUARY 1990 Heavy Duty Trucking 57

FISCAL not€ BUREAU OF BUDGET AND ~ G E M E N T RESEARCH

8 No. 324 Date Racelved ~ I I Q I Q I

Amenda t o m 1 Y E S g N O a Date % v l e m d ~ - ~ ~ ~ 1

Oepartment/Agency Affected: ~ u a m Community C o l l e ~ e Oepartmn t/Agency Head : John Cruz Tota l FY Approprlatlon t o Date: $ 1 3. 187

81 11 T I t l e (preamble) : ~ A T L hTr:T T T- LT

TO P R O W FOR W C K W R S AT TIiE GUM1 Q&XUNITr' COLLF;GE.

Change $n Law: None

81 11 ' s Impact on Present Program Fundlng: - No Change Reallocatlon - Decrease - x Incrtase - Other ( Cap l t r l Improvemnt - 8111 1s for : x 0 p e r a t l o n s - 1

ESTIMTED SIN6l.E-YEAR F W D REWI PROGRAM CATEGORY L FUND TOTAL

Education $153,990 -0- $150.000

ESTIWTED WT-I-YEAR n#ro ~wrEM#ls (Per 81 13 )

FUWD - 1st 2nd 3rd 4th 5 th TOTAL

GENERAL FUND 3 150.900 - - $150.000 O f HER . . . .

I - - TOTAL iuWUR - . - . . . - - $150.000

FUNDS ADEQUATE TO COVER IIITENT OF THE BILL? YES/WO-IF NO, Rlb'l AHUM REQUIRED $ See foo tno t AGEWCY/PERSON/DATf CONTACTED: GCC . . / . Dr . . IIcKianey / 7-23-91

GENERAL FUND - . . . ---- . . . . . . . . . . . . . . . . . . . . . . . . . . OTHER . - . . - . ----

. . . . . . . . . . . . . . . . . . TOTAL ...-- - - - . - . s-t - - -

. . . . . . . - . - . -

FOOfWo~S: Per D r . McKinney, a d d i t i o n a l funds w i l l be requi red t o admin i s t e r the program, however. t he re was no ~ r o i e c t i o n a s t o how much w o l ~ l d he needed

CHAIRPERSON,

Rules

G e n d Governmental

operations

Senator HERMINlA D. DIERKING 21st GUAM LEClSIATURE

----- April 19, 1991 I

MEMORANDUM

SFavs & Means

Energy C'tilities and

Consumer Protection

MEMBER

Economic and .4gricultural

Development

Education

Health, Ecology and

Welfare

Housing Community

Development, Federal and

Yore~gn Affa~rs

Judiciary and

Criminal Justice

Tourism and Transportation

Youth, Senior citilmr and

Culaval m d r s

TO : Chairperson, Committee on Education

FROM : Chairperson, Committee on Rules

SUBJECT: Referral - Bill No. 324

The above Bill is referred to your Committee. Please note that the referral is subject to ratification by the Committee on Rules at its next meeting. It is recommended you schedule a public hearing at your earliest convenience.

Based on Subsection 6.04.06.02, Rule VI, of the Standing Rules, upon completion of your Committee findings, if favorable action is recommended, please refer this Bill to the Committee on Ways and Means for their review of the appropriation requested.

HERMINIA D. DIERK G d Enclosure

cc: Committee on Ways & Means (For Information Only)

155 HESLER STREET. AGANA. GUAM 96910 TELEPHONES: (671) 472-3437 13438 13439 FAX: (671) 477-9125

COMMITTEE ON EDUCATlON

NAHE - PRINT:

TESTIMONY AGENCY / I N T E R E S T GROUP

WRITTEN: ORAL :

COMMENT

FAVOR:

. .

A G A I N S T :

TWENTY-FIRST GUAM LEGISLATURE 1991 (FIRST) Regular Session

APR 30'91

i

324(cce Bill No.

Introduced by:

AN ACT TO ADD A NEW SECTION TO TITLE 17 GUAM CODE ANNOTATED, RELATIVE TO A TRAINING PROGRAM FOR TRUCK DRIVERS AT THE GUAM COMMUNIlY COUEGE.

1 BE IT ENACTED BY THE PEOPLE OF THE TERRITORY OF

2 GUAM:

3 Section 1. A new code section, to be numbered by the

4 Compiler of Laws, is added to 17 GCA to read:

5 " 3 Truck Driving Training Loans.

6 A truck driving training loan program is hereby

7 established. Each person who is accepted into the Guam

8 Community College truck driving training program is

9 eligible to apply for a five thousand dollar ($5,000)

1 0 training loan, provided that the individual has. taken and

1 1 passed the "C" license written examination at the

1 2 Vehicle License Registration Bureau of the Guam

1 3 Department of Revenue and Taxation. The loan is to be

1 4 used to fund the individual's expenses during the period

1 5 of training. If the individual graduates from the truck

1 6 driving training program and is later employed as a truck

1 7 or tractor driver, the loan is to be considered a grant.

1 8 The Guam Community College shall establish rules and

1 9 regulations concerning collateral necessary in obtaining

the loan, and in the case of those loans not considered

grants, concerning .their repayment."

Section 2. One Hundred Fifty Thousand Dollars

($150,000) are appropriated from the General Fund to the Guam

Community College to provide Five Thousand Dollar ($5,000) loans to

the truck driving training loan program as specified in Section 1 of

this Act.

Section 3. Such sums as are necessary are authorized to

be appropriated to the Department of Public Works to purchase a

tractor and trailer for a truck, and 20 and 40 foot I S 0 containers to

carry 60,000 to 80,000 pounds of cargo for use in the truck driving

training program at Guam Community College.