Since October 2017, you would be cited in Honolulu if you cross a crosswalk while busy on your phone. This law was enacted reportedly in response to a high number of people being hit in crosswalks. Now the CNMI House of Representatives is looking at the idea and debating about it. <\/p>\n
At their session last Friday afternoon, in an unanticipated back and forth, members of the House debated whether or not they should pass legislation that would penalize distracted pedestrians in the CNMI, as proposed in House Bill 21-51.<\/p>\n
The measure\u2019s author, Rep. Joseph \u201cLee Pan\u201d Guerrero (R-Saipan), was absent from the session. The bill ultimately garnered a vote of 13-3, sending the bill to the Senate for review and action.<\/p>\n
Independent lawmakers Reps. Ed Propst (Ind-Saipan), Sheila Babauta (Ind-Saipan), and Tina Sablan (Ind-Saipan) voted against the measure.<\/p>\n
In the first round of discussions on the bill, Sablan said that regulating the behavior of pedestrians who are walking while using their cellphones deserves more discussion and further study.<\/p>\n
\u201c\u2026I understand. I\u2019ve seen some of the literature on distracted walking and associations of injuries but there is also literature that suggests making it a crime or infraction and putting the burden on law enforcement to regulate this behavior could also have unintended consequences,\u201d Sablan said.<\/p>\n
As outlined in the bill, it will impose a fine of no less than $25 and no more than $50 for a first offense. A second offense within one year will result in a fine of no less than $50 and no more than $100; a third and subsequent offenses within the same year of the first offense will result in a fine of no less than $100 and no more than $150.<\/p>\n
Seventy-five percent of the collected fines will be deposited into a revolving fund separate from the general fund, and will be used for \u201ceducational and enforcement\u201d purposes, while the remaining 25 percent of the fines will be used for proper signage fixtures and road, crosswalk, and lighting repair and maintenance.<\/p>\n
Sablan questioned whether this was really a problem that should be addressed by passing legislation instead of simple public education. Further, Sablan pointed out that creating legislation that penalizes pedestrians who are distracted puts the blame on the victim if an accident does occur, which Sablan was not in favor of.<\/p>\n
Propst echoed Sablan\u2019s comments but proposed not killing the bill and simply just sending it back to the committee for further review. Propst added that meeting with government agencies to gather enough evidence to make the legislation a need was ideal before putting the bill up for action.<\/p>\n
\u201c\u2026Guerrero\u2019s intentions are noble and he is obviously coming from a safety perspective and that it is a concern but, at the same time, we cannot ignore what this legislation proposes,\u201d he said, adding that he wishes to see local statistics for all three islands to see how big of a problem it was to \u201cdemand legislation.\u201d<\/p>\n
Rep. Roman Benavente (R-Saipan) sees it differently.<\/p>\n
\u201c\u2026I am looking at it [from] a safety [perspective]\u2026I\u2019ve seen [distracted pedestrians] all in the Garapan area. Tourists crossing and they have their phones\u2026and literally staying on the road,\u201d he said, asking if that was fair for motorists.<\/p>\n
\u201c\u2026Maybe [Propst] is right that we should probably revisit and [study the bill further], but public education and information is not a bad thought,\u201d he added.<\/p>\n
House Judicial and Government Operations chair Rep. Joel Camacho (R-Saipan), the committee that reviewed the legislation, noted that his committee sees the bill as a deterrent.<\/p>\n
\u201c\u2026The concern was not coming from our people; it was more on tourists, or people that are not from the CNMI,\u201d he said, acknowledging that there could be an enforcement issue if the bill is enacted. \u201c\u2026I am ready to vote on this legislation and as a chairman\u2026I was able to talk to some policemen and they were in support of the legislation as it is now.\u201d<\/p>\n
\u201cThe way I looked at it was more of a proactive approach and a preventative approach,\u201d he said, adding that he did not want to look at more statistics and that he did not receive any comments from government agencies on the bill. <\/p>\n
Babauta noted that it would be just as effective to support the Department of Public Safety by helping educate the youth and tourists on the laws on the road. <\/p>\n
\u201cI think that will be more effective and\u2026I just want to ensure that we create laws that are enforceable. I don\u2019t believe that, at this time, we have the resources to fully enforce this law,\u201d she said.<\/p>\n
The House discussed the bill and went two full rounds before passing the legislation.<\/p>\n","protected":false},"excerpt":{"rendered":"
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