Amended in Assembly April 15, 2015

Amended in Assembly April 6, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 836

Introduced by Assembly Members Rendon and Low

February 26, 2015

An act to add Chapter 18 (commencing with Section 9400) to Division 3 of the Business and Professions Code, relating to tour guides.

LEGISLATIVE COUNSEL’S DIGEST

AB 836, as amended, Rendon. Tour guides: regulation.

Existing law provides for the licensure and regulation of various professionals, including, but not limited to, advertisers, attorneys, interior designers, barbers, and cosmetologists.

This bill would provide for the licensure and regulation of tour guides by the California Travel and Tourism Commission, as specified, with certain exceptions. The bill would require applicants for certification, among other things, to be begin delete 21 end delete begin insert 18 end insert years of age or older, meet specified educational criteria, pay fees required by the commission, and provide fingerprints for submission to the Department of Justice for a criminal background check. The act would require the department to review specified information and provide fitness determinations and other specified information to the commission. The bill would also authorize local governments to establish local tour guide certification programs and require the commission to certify applicants licensed through those programs.

This bill would allow the commission to take disciplinary action against certificate holders or applicants, as specified. The bill would prohibit unlicensed persons from leading tour groups into state parks or other state facilities for compensation as part of a multisite tour.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Chapter 18 (commencing with Section 9400) is
added to Division 3 of the Business and Professions Code, to read:

 

Chapter  18. California Tour Guide Act

 

9400.  

This chapter shall be known and may be cited as the
California Tour Guide Act.

9401.  

For purposes of this chapter, the following terms have
the following meanings:

(a) “Approved school” or “approved tour guide school” means
a facility that is approved by the commission and meets minimum
standards for training and curriculum in California tour guiding
and related subjects and meets any of the following requirements:

(1) Approval by the Bureau for Private Postsecondary Education.

(2) Approval by the Department of Consumer Affairs.

(3) Accreditation by the Accrediting Commission for Senior
Colleges and Universities or the Accrediting Commission for
Community and Junior Colleges of the Western Association of
Schools and Colleges and that is any of the following:

(A) A public institution.

(B) An institution incorporated and lawfully operating as a
nonprofit public benefit corporation pursuant to Part 2
(commencing with Section 5110) of Division 2 of Title 1 of the
Corporations Code, and that is not managed by any entity for profit.

(C) A for-profit institution.

(4) A college or university of the state higher education system,
as defined in Section 100850 of the Education Code.

(5) A school requiring equal or greater training than the
requirements established by this chapter and recognized by the
corresponding agency in another state or accredited by an agency
recognized by the United States Department of Education.

(b) “Certificate” means a valid certificate issued by the
commission pursuant to this chapter.

(c) “Commission” means the California Travel and Tourism
Commission established pursuant to Section 13995.40 of the
Government Code.

(d) “Compensation” means anything of value, including, but
not limited to, a payment, loan, advance, donation, contribution,
deposit, or gift of money.

(e) “Tour guide business” means a business begin delete or establishment end delete
that provides tour guides in California for compensation.

(f) “Tour guide professional” or “tour guide” means a person
who is certified by the commission pursuant to this chapter and
who practices tour guiding for compensation.

9402.  

The commission shall establish a tour guide certification
program pursuant to this chapter, and shall provide for the
promotion of certified tour guides to persons or organizations
seeking to hire tour guides in California. The commission may
collect fees not to exceed the reasonable cost of the commission’s
certification of tour guides and approval of tour guide schools
pursuant to this chapter.

9404.  

The commission shall issue a certificate to an individual
applicant who satisfies the requirements of this chapter or holds a
current and valid registration, certification, or license to work as
a tour guide from any city, county, or city and county in California.
The commission may issue a certificate to an individual applicant
who holds a current and valid registration, certification, or license
from another state, and who demonstrates knowledge of tour group
safety and California geography, history, and culture, as defined
by the commission. If an applicant has received education at a
school that is not an approved school, the commission shall have
the discretion to give credit for comparable academic work
completed by an applicant in a program outside of California.

9406.  

In order to obtain certification as a tour guide
professional, an applicant shall submit a written application and
provide the commission with satisfactory evidence that he or she
or meets all of the following requirements:

(a) The applicant is begin delete 21 end delete begin insert 18 end insert years of age or older.

(b) The applicant has successfully completed a curriculum in
California tour guiding and related subjects, as defined by the
commission. The curriculum shall include information on tour
guide safety and California geography, history, and culture.
begin insert Successful completion of a program from an approved school shall
be deemed to satisfy this requirement. end insert

(c) The applicant has passed a California tour guide competency
assessment examination that meets generally recognized principles
and standards and that is approved by the commission. The
successful completion of this examination may have been
accomplished before the date the commission is authorized by this
chapter to begin issuing certificates.

(d) All fees required by the commission have been paid.

9408.  

A certificate issued pursuant to this chapter shall expire
after two years unless renewed in a manner prescribed by the
commission. The commission may provide for the late renewal of
a certificate.

9410.  

(a) The commission shall have the responsibility to
determine whether the school from which an applicant has obtained
the education required by this chapter meets the requirements of
this chapter. If the commission has any reason to question whether
or not the applicant received the education that is required by this
chapter from the school or schools that the applicant is claiming,
the commission shall investigate the facts to determine whether
the applicant received the required education prior to issuing a
certificate.

(b) For purposes of this section and any other provision of this
chapter that authorizes the commission to receive factual
information as a condition of taking action, the commission may
conduct oral interviews of the applicant and others or conduct any
investigation the commission deems necessary to establish that
the information received is accurate and satisfies the criteria
established by this chapter.

9412.  

(a) Before issuing a certificate to an applicant, or
designating a custodian of records, the commission shall require
the applicant or the custodian of records candidate to submit
fingerprint images as directed by the commission and in a form
consistent with the requirements of this section.

(b) The commission shall submit the fingerprint images and
related information to the Department of Justice for the purpose
of obtaining information as to the existence and nature of a record
of state and federal level convictions and of state and federal level
arrests for which the Department of Justice establishes that the
applicant or candidate was released on bail or on his or her own
recognizance pending trial.

(c) Requests for federal level criminal offender record
information received by the Department of Justice pursuant to this
section shall be forwarded to the Federal Bureau of Investigation
by the Department of Justice. The Department of Justice shall
review the information returned from the Federal Bureau of
Investigation, and shall compile and disseminate a fitness
determination regarding the applicant or candidate to the
commission. The Department of Justice shall provide information
to the commission pursuant to subdivision (p) of Section 11105
of the Penal Code.

(d) The Department of Justice and the commission shall charge
a fee not to exceed the reasonable cost of processing the request
for state and federal level criminal offender record information.

9413.  

The commission may require its employees, volunteers,
and members to undergo the background investigation process
described in Section 9412.

9415.  

It is a violation of this chapter and grounds for discipline
or denial of an application for a certificate for a certificate holder
or applicant to commit any of the following acts:

(a) Unprofessional conduct.

(b) Procuring a certificate by fraud, misrepresentation, or
mistake.

(c) Impersonating an applicant or acting as a proxy for an
applicant in any examination referred to in this chapter for the
issuance of a certificate.

(d) Impersonating a certificate holder, or permitting or allowing
a noncertified person to use a certificate.

(e) Violating or attempting to violate, directly or indirectly, or
assisting in or abetting the violation of, or conspiring to violate,
any provision of this chapter or any rule or bylaw adopted by the
commission.

(f) Committing any fraudulent, dishonest, or corrupt act that is
substantially related to the qualifications or duties of a certificate
holder.

(g) Committing any act punishable as a sexually related crime.

(h) Committing any act that results in denial of licensure,
revocation, suspension, restriction, citation, or any other
disciplinary action against an applicant or certificate holder by
begin delete another end delete begin insert a end insert state or territory of the United begin delete States, by any other
government agency, or by another California health care
professional licensing board. end delete begin insert States. end insert A certified copy of the
decision, order, judgment, or citation shall be conclusive evidence
of these actions.

(i) Being convicted of any felony or misdemeanor that is
substantially related to the qualifications, functions, or duties of a
certificate holder. A record of the conviction shall be conclusive
evidence of the crime.

9416.  

(a) The commission may discipline a certificate holder
by any, or a combination, of the following methods:

(1) Placing the certificate holder on probation.

(2) Suspending the certificate and the rights conferred by this
chapter on a certificate holder for a period not to exceed one year.

(3) Revoking the certificate.

(4) Suspending or staying the disciplinary order, or portions of
it, with or without conditions.

(5) Taking other action as the commission deems proper, as
authorized by this chapter or the commission’s bylaws.

(b) The commission may issue an initial certificate on probation,
with specific terms and conditions, to any applicant.

9417.  

(a) An applicant for a certificate shall not be denied a
certificate, and a certificate holder shall not be disciplined pursuant
to this chapter, except according to procedures that satisfy the
requirements of this section. Denial or discipline that is not in
accord with this section shall be void and without effect.

(b) Any denial or discipline shall be decided upon and imposed
in good faith and in a fair and reasonable manner. Any procedure
that conforms to the requirements of subdivision (c) is fair and
reasonable, but a court may also find other procedures to be fair
and reasonable when the full circumstances of the denial or
discipline are considered.

(c) A procedure is fair and reasonable if all of the following
apply:

(1) The provisions of the procedure are set forth in the articles
or bylaws of the commission or copies of those provisions are
annually sent to all of the members of the commission.

(2) The procedure provides 15 business days prior notice of the
denial or discipline and the reasons for the denial or discipline.

(3) The procedure provides an opportunity for the applicant or
certificate holder to be heard, orally or in writing, not less than
five days before the effective date of the denial or discipline, by
a person or body authorized to decide whether the proposed denial
or discipline should go into effect.

(d) (1) Any notice required under this section may be given by
any method reasonably calculated to provide actual notice. Any
notice given by mail shall be given by first-class or certified mail
sent to the last address of the applicant or certificate holder shown
on the commission’s records.

(2) It is the responsibility of the certificate holder or applicant
to notify the commission of his or her home address, as well as
the address of any business establishment where he or she regularly
works as a tour guide professional, whether as an employee or as
an independent contractor.

(e) A certificate holder or applicant who is denied or disciplined
shall be liable for any charges, dues, assessments, and fees incurred
by, services or benefits actually rendered to, and obligations arising
from contract or otherwise of, the certificate holder or applicant
before the denial or discipline.

(f) Any action challenging a denial or discipline, including any
claim alleging defective notice, shall be commenced within one
year after the effective date of the denial or discipline. If the action
is successful, the court may order any relief, including
reinstatement, that it finds equitable under the circumstances.

(g) This section governs only the procedures for denial or
discipline decision and not the substantive grounds for the denial
or discipline. Denial or discipline based upon substantive grounds
that violates contractual or other rights of the applicant or certificate
holder, or is otherwise unlawful, is not made valid by compliance
with this section.

9419.  

(a) Upon the request of any law enforcement agency or
any other representative of a local government agency with
responsibility for regulating or administering a local ordinance
relating to California tour guide businesses, the commission shall
provide information concerning a certificate holder, including, but
not limited to, any of the following:

(1) The current status of a certificate.

(2) Any history of disciplinary actions taken against the
certificate holder.

(3) The home and work addresses of the certificate holder.

(4) Any other information in the commission’s possession that
is necessary to verify facts relevant to administering the local
ordinance.

(b) The commission shall accept information provided by any
law enforcement agency or any other representative of a local
government agency with responsibility for regulating or
administering a local ordinance relating to California tour guide
businesses. The commission shall have the responsibility to review
any information received and take any actions authorized by this
chapter that are warranted by that information.

9421.  

(a) The commission shall maintain an accurate list of
certified tour guides and shall provide the list to tour guide
businesses and other persons or organizations seeking to hire tour
guides in California.

(b) A person who is not certified pursuant to this chapter shall
not lead a tour group in a state park or other state facility for
compensation as part of a multisite tour.

9423.  

This chapter does not interfere with a person’s exercise
of his or her right to freedom of speech provided by the First
Amendment to the Constitution of the United States.

9425.  

This chapter only applies to tour guides who offer
themselves for hire to take travelers on multisite tours in California.
This chapter does not apply to tour guides who work for a museum,
amusement park, or other organization that invites tourists to visit
its facility.

9427.  

(a) Except as otherwise provided in this section, a
certificate holder has the right, consistent with this chapter and the
qualifications established by his or her certification, to perform
tour guides in any city, county, or city and county in the state and
shall not be required to obtain any other license, permit, or other
authorization to engage in that practice.

(b) A city, county, or city and county may establish a tour guide
certification program that applies only to the jurisdiction of that
city, county, or city and county, and may seek the commission’s
recognition of its program in order for its certified tour guides to
obtain statewide certification, as provided by the commission.

(c) This section does not preclude a city, county, or city and
county from requiring a tour guide business or establishment to
file copies or provide other evidence of a certificate held by a
person providing tour guide services at the business.

(d) A city, county, or city and county may charge a tour guide
business or establishment a business licensing fee sufficient to
cover the costs of the business licensing activities established by
a local ordinance pursuant to this section.

(e) This section does not prohibit a city, county, or city and
county from adopting land use and zoning requirements applicable
to tour guide businesses or establishments unless those
requirements differ from requirements uniformly applied to other
professional or personal services businesses.

(f) This section does not preclude a city, county, or city and
county from doing any of the following:

(1) Requiring an applicant for a business license to operate a
tour guide business or establishment to fill out an application that
requests relevant information.

(2) Making reasonable investigations into that information.

(3) Denying or restricting a business license if the applicant
provides materially false information.

(g) An owner or operator of a tour guide business or
establishment subject to subdivision (f) shall be responsible for
the conduct of all of the employees or independent contractors
working on the premises of the business.

(h) This section does not preclude a city, county, or city and
county from authorizing the suspension, revocation, or other
restriction of a license or permit issued to a tour guide
establishment or business if violations of this chapter or a local
ordinance occur on the premises of that establishment or business.

9429.  

This chapter does not restrict or limit in any way the
authority of a city, county, or city and county to adopt a local
ordinance governing any person who is not certified pursuant to
this chapter.

9431.  

This chapter does not affect the rights of any person
licensed by the state to practice or perform any functions or services
pursuant to that license.