Bill Text: HI HB1816 | 2024 | Regular Session | Introduced

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Bill Title: Relating To Tour Guides.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Introduced) 2024-01-30 - The committee(s) on TOU recommend(s) that the measure be deferred. [HB1816 Detail]

Download: Hawaii-2024-HB1816-Introduced.html

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HOUSE OF REPRESENTATIVES	H.B. NO.	1816
THIRTY-SECOND LEGISLATURE, 2024
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to tour guides.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  The Hawaii Revised Statutes is amended by adding a new chapter to title 25 to be appropriately designated and to read as follows:

"Chapter

Tour guides

     §   -1  Definitions.  As used in this chapter, unless the context clearly requires otherwise:

     "Compensation" means any money, tip, donation, thing of value, or economic benefit conferred on or received by any person in return for services rendered or to be rendered to another.

     "Department" means the department of commerce and consumer affairs.

     "Director" means the director of commerce and consumer affairs.

     "Practice of tour guiding" means speaking to one or more persons at any county or state historic site, park, garden, road, sidewalk, or point of interest for the purpose of explaining, describing, or conveying information relevant to that location.

     "Vehicle" includes any taxicab, bus, motor vehicle, locomotive, car, trolley, train, airplane, submarine, or boat.

     §   -2  Tour guide licensing program.  There is established a tour guide licensing program within the department to be administered by the director.

     §   -3  Prohibited acts.  (a)  Except as specifically provided in this chapter, no person shall engage in the practice of tour guiding in exchange for compensation or use the title of "licensed tour guide" or "tour guide" without a valid license issued under this chapter.

     (b)  Any person who violates this section shall be subject to a fine of not more than $1,000 for each separate offense.  Each day of each violation shall constitute a separate offense.  Any action taken to impose or collect the fine imposed under this section shall be a civil action.

     (c)  This section shall not apply to:

     (1)  Any government employee acting within the scope of the person's employment;

     (2)  The operator of any vehicle while the operator:

          (A)  Speaks to passengers in the vehicle; and

          (B)  Operates the vehicle for the primary purpose of transporting passengers;

     (3)  Any person duly licensed who is acting within the course and scope of the person's licensed profession;

     (4)  Tour guides employed by a museum, amusement park, or other entity and for which the majority of the tour occurs on property that is not owned by the State or any county; and

     (5)  Tour guides engaging in the practice of tour guiding as an employee of a private, nonprofit, tax-exempt corporation, association, or organization pursuant to section 501(c)(3), Internal Revenue Code of 1986, as amended, that is domiciled in this State.

     §   -4  Powers and duties of the director.  In addition to any other powers and duties authorized by law, the director shall have the powers and duties to:

     (1)  Grant a tour guide license to a person to use the title of "tour guide" or a description indicating a person is a licensed tour guide in this State;

     (2)  Adopt, amend, or repeal rules pursuant to chapter 91 to carry out this chapter;

     (3)  Administer, coordinate, and enforce this chapter;

     (4)  Discipline a licensed tour guide for any due cause described by this chapter or violation of the rules;

     (5)  Refuse to license a person for failure to meet licensing requirements or on grounds sufficient to discipline a licensed tour guide;

     (6)  Appoint an advisory committee consisting of licensed tour guides, members of the visitor industry, members of the University of Hawaii, commissioners or employees of the public utilities commission, and members of the public to assist with the implementation of this chapter and adoption of rules; provided that the initial members of the committee who are tour guides shall not be required to be licensed pursuant to this chapter; and

     (7)  In consultation with the advisory council:

          (A)  Adopt a code of ethics for tour guides; and

          (B)  Establish annual continuing education requirements necessary to renew a tour guide license.

     §   -5  Application for licensure as a tour guide.  Subject to section    -9, the department shall issue a license to an applicant upon receiving satisfactory evidence that the applicant has successfully completed the professional standards tour certification program offered by the university of Hawaii or another program approved by the director.

     §   -6  Licensure; fees.  Upon the payment of a license fee, the department shall issue a license valid for three years to a person deemed to be qualified under this chapter.

     §   -7  Renewal of license; fees.  Licenses shall be renewable, upon the payment of a renewal fee, triennially not earlier than ninety days before June 30.  Failure to renew a license shall result in a forfeiture of the license.  Licenses that have been forfeited may be restored within one year of the expiration date upon payment of renewal and restoration fees.  Failure to restore a forfeited license within one year of the date of its expiration shall result in the automatic termination of the license, and a person seeking restoration of a license may be required to reapply for licensure as a new applicant.

     §   -8  Fees; establishment; disposition.  (a)  Application, examination, reexamination, license, renewal, restoration, penalty, and any other fees relating to the administration of this chapter shall not be refundable and shall be established in rules adopted by the director pursuant to chapter 91.

     (b)  Fees assessed shall defray costs incurred by the department to support the operation of the tour guide licensing program.  Fees collected shall be managed in accordance with section 26-9(l).

     §   -9  Grounds for refusal to issue, renew, reinstate, or restore, and for revocation, suspension, denial, or condition of, licenses.  (a)  In addition to any other acts or conditions provided by law, the director may refuse to issue, renew, reinstate, or restore, and may deny, revoke, suspend, or condition in any manner, any license for any one or more of the following acts or conditions on the part of a licensee or license applicant:

     (1)  Failing to meet or maintain the conditions and requirements necessary to qualify for the granting of a license;

     (2)  Engaging in false, fraudulent, or deceptive advertising, or making untruthful or improbable statements;

     (3)  Being addicted to, dependent on, or a habitual user of a narcotic, barbiturate, amphetamine, hallucinogen, opium, cocaine, or other drug or derivative of a similar nature;

     (4)  Practicing the licensed profession while impaired by alcohol, drugs, physical disability, or mental instability;

     (5)  Obtaining a license through fraud, misrepresentation, or deceit;

     (6)  Aiding and abetting an unlicensed person to directly or indirectly perform activities that require a license;

     (7)  Professional misconduct, incompetence, gross negligence, or manifest incapacity, in the practice of the licensed profession;

     (8)  Engaging in conduct or practice contrary to recognized standards of ethics for the licensed profession;

     (9)  Violating any condition or limitation upon which a conditional or temporary license was issued;

    (10)  Engaging in business under a past or present license issued pursuant to the licensing laws, in a manner causing injury to one or more members of the public;

    (11)  Failing to comply with, observe, or adhere to any law in a manner such that the director deems the applicant or holder to be an unfit or improper person to hold a license;

    (12)  Having had a license revoked or suspended, or having been the subject of other disciplinary action, by another state or a federal agency for any reason provided by the relevant licensing laws or this section;

    (13)  Having been convicted of a crime, whether by nolo contendere or otherwise, directly related to the qualifications, functions, or duties of the licensed profession;

    (14)  Failing to report in writing to the director any disciplinary decision issued against the licensee or applicant in another jurisdiction within thirty days of the disciplinary decision;

    (15)  Employing, utilizing, or attempting to employ or utilize, at any time, any person not licensed under the licensing laws where licensure is required; or

    (16)  Violating this chapter, chapter 436B, or any rule or order of the director.

     (b)  Any licensee or applicant who violates this section may be fined not more than $1,000 per violation.

     §   -10  Constitutional rights.  This chapter shall not be construed to interfere with a person's right to freedom of speech provided by the First Amendment to the Constitution of the United States."

     SECTION 2.  This Act shall take effect on January 1, 2026.

 

INTRODUCED BY:	_____________________________

 

Report Title:

Tour Guides; DCCA; UH; License

 

Description:

Establishes the Tour Guide Licensing Program within the Department of Commerce and Consumer Affairs.  Requires tour guides to complete the Professional Standards Tour Certification program by the University of Hawaii or another program approved by the Director.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.