BILL ANALYSIS                                                                                                                                                                                                    Ó



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          Date of Hearing:  April 28, 2015


           ASSEMBLY COMMITTEE ON ARTS, ENTERTAINMENT, SPORTS, TOURISM, AND  
                                   INTERNET MEDIA


                             Ian Charles Calderon, Chair


          AB 836  
          (Rendon) - As Amended April 15, 2015


          SUBJECT:  Tour guides:  regulation.


          SUMMARY:  Creates a voluntary certification program for tour  
          guides under the California Travel and Tourism Commission  
          (Commission) and requires tour guides providing tours to  
          multiple sites in California to have adequate training and  
          knowledge and pass a criminal background check. Requires the  
          Commission to provide a list of certified tour guides to  
          individuals seeking to hire a tour guide in California upon  
          request. Specifically, this bill:  


          1)Defines "approved school" or "approved tour guide school" to  
            mean 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: 


             a)   Approved by the Bureau for Private Postsecondary  
               Education;


             b)   Approval by the Department of Consumer Affairs; and, 








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             c)   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:


               i)     A public institution;


               ii)    An institution incorporated and lawfully operating  
                 as a nonprofit public benefit corporation, as specified,  
                 and is not managed by any entity for profit;


               iii)   A college or university of the state higher  
                 education system as specified; and,


               iv)    A school requiring equal or greater training than  
                 required and recognized by the United States Department  
                 of Education.


          2)Defines a "certificate" to mean a valid certificate issued by  
            the Commission.


          3)Defines "Commission" to mean the California Travel and Tourism  
            Commission.


          4)Defines "Compensation" to mean anything of value, including,  
            but not limited to, a payment, loan, advance, donation,  
            contribution, deposit, or gift money.


          5)Defines "tour guide business" to mean a business that provides  








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            tour guides in California for compensation.


          6)Defines "tour guide professional" or "tour guide" to mean a  
            person who is certified by the Commission pursuant to this  
            chapter and who practices tour guiding for compensation. 


          7)Requires the Commission to establish a tour guide  
            certification program and provide for the promotion of  
            certified tour guides to persons or organizations seeking to  
            hire tour guides in California. 


          8)Authorizes the Commission to collect fees to cover the cost of  
            the program and to approve tour guide schools.


          9)Gives the Commission authority to issue certifications to  
            individuals who hold a current and valid registration,  
            certification, or license to work as a tour guide from any  
            California city, county, or city and county.


          10)Authorizes the Commission to certify individuals from other  
            states who hold a current and valid registration,  
            certification, or license and who demonstrate knowledge of  
            tour group safety and California geography, history, and  
            culture, as specified, and provides discretion to the  
            Commission to give credit towards the academic requirements  
            for individuals attending non-approved schools.


          11)Requires an applicant for certification as a tour guide to  
            submit an application to the Commission and provide evidence  
            that he or she meets the following:


             a)   Be eighteen (18) years of age or older;








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             b)   Must successfully complete the curricula in California  
               tour guiding and related subjects including tour group  
               safety and California geography, history, and culture.


               Provides that successful completion of a program from an  
               approved school shall be deemed to satisfy this  
               requirement;


             c)   Pass a California tour guide competency examination that  
               is approved by the Commission; and,


             d)   Pay fees required by the Commission.


          12)States that a tour guide certificate expires in two years  
            unless renewed.


          13)Requires the Commission to determine whether the school from  
            which an applicant received his or her training meets the  
            academic requirements for certification, as specified.


          14)Allows the Commission to conduct any investigation the  
            commission deems necessary to establish that the information  
            received by an applicant is accurate.


          15) Requires an applicant to submit fingerprints for a criminal  
            background check conducted by the Department of Justice and  
            the Federal Bureau of Investigation, as specified, and  
            authorizes the DOJ and the Commission to charge a fee not to  
            exceed the reasonable cost of processing the request.









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          16)Permits the Commission to require its own employees,  
            volunteers, and members to undergo a background investigation  
            process similar to an applicant.


          17)States the grounds for discipline, certificate revocation, or  
            denial of an application are as follows:


             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;


             d)   Impersonating a certificate holder, or permitting a  
               noncertified person to use a certificate;


             e)   Violating or attempting to violate any provision of this  
               act 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,  








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               revocation, suspension, restriction, citation, or any other  
               disciplinary action against an applicant or certificate  
               holder by a state or territory of the United States. A  
               certified copy of the decision, order, judgment, or  
               citation shall be conclusive evidence of these actions;  
               and,


             i)   Being convicted of a felony or misdemeanor that is  
               substantially related to the qualifications or duties of a  
               certificate holder.


          18) Authorizes the Commission to discipline a certificate holder  
            by probation, suspension, revocation, or suspending or staying  
            the disciplinary order with or without conditions, or taking  
            any other action as the Commission deems proper.


          19)Voids a certificate denial or discipline not conducted as  
            required by the Act. 


          20)Requires any denial or discipline to be decided and imposed  
            in good faith and in a fair and reasonable manner. Establishes  
            the method for which a disciplinary action must be undertaken  
            including providing reasonable notice and the opportunity to  
            be heard.


          21)Requires the Commission to provide background information  
            relating to a certificate holder to law enforcement or to a  
            local agency responsible for regulating or administering a  
            local ordinance relating to tour guiding as specified.


          22)Requires the Commission to maintain an accurate list of  
            certified tour guides and provide the list to tour guide  
            businesses and other organizations seeking to hire tour  








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            guides. 


          23)Prevents a non-certified person from taking a tour group into  
            state parks and other state facilities for compensation as  
            part of a multisite tour.


          24)Expresses that this Act will not interfere with a person's  
            exercise of the right to freedom of speech.


          25)Specifies that the Act applies only to tour guides for hire  
            that show travelers more than one sight in California and  
            excludes tour guides that work for a museum, amusement park,  
            or other organization that invites tourists to visit its  
            facility.


          26)Provides that a certificate holder can perform tour guides in  
            any city or county and is not required to obtain any other  
            certification, license, permit, or authorization to engage in  
            that practice.


          27)Allows a city or a county to establish its own program within  
            its jurisdiction and seek approval from the Commission for its  
            tour guides to obtain state certification.


          28)States that a city, county, or city and county may require 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.


          29)States that a city, county, or city and county may charge a  
            tour guide business or establishment a business licensing fee  
            as specified.  








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          30)Provides that a city or a county may adopt rules relating to  
            business practices, land use, and zoning relating to the  
            practice of tour guiding.


          EXISTING LAW:  


          1)Establishes a nonprofit mutual benefit corporation known at  
            the California Travel and Tourism Commission. (Government Code  
            (GC) Section 13995 et seq.)


          2)Requires the Commission to consist of thirty-seven members -  
            twelve professional members appointed by the Governor,  
            twenty-four elected members representing various aspects of  
            the industry, and the Director of the Governor's Office of  
            Business and Economic Development as the chairperson. (GC  
            Section 13995.40)





          3)Defines the purpose of the Commission is to market and promote  
            travel and tourism to and within California in order to expand  
            and strengthen the travel and tourism industry in the state by  
            utilizing generic promotional methods and techniques which  
            will mutually benefit travel and tourism businesses of all  
            sizes and categories. (GC Section 13395.1)



          4)Declares the marketing of California tourism affects the  
            public interest and gives the Director and the Commission the  
            authority to exercise the police powers of this state for the  
            purpose of protecting the health, peace, safety, and general  








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            welfare of the people of California. (GC Section 13395.50-51)



          FISCAL EFFECT:  Unknown


          COMMENTS:  


          1)Author and supporters' statements of need for legislation:  
            greater training and oversight of tour guides will increase  
            safety along with increased enjoyment of the California  
            tourist experience.


            According to the author, "Every year, California attracts  
            millions of tourists from all around the world. Many come on  
            or take organized tours with tour guides. In order for these  
            tour passengers to get the most out of their visit and return  
            to the Golden State, it is necessary to ensure that their tour  
            guides have knowledge of California's history, culture and  
            sights, as well as knowledge of safe tour guiding practices."  
            The bill's sponsor, Tour Guide Coalition of California, add in  
            support, "Currently the tour guide market is completely  
            unregulated in the State of California. Preserving the quality  
            of the state's tourism industry is important for economic,  
            cultural, and health and safety reasons. The direct travel  
            industry is responsible for $106.4 billion in spending from  
            visitors, contributes $6.6 billion in state and local taxes,  
            and supports 917,000 with earnings of $32.3 billion. Nearly 16  
            million international tourists visit the United State as part  
            of tour groups and whose experience is deeply influenced by  
            their tour guide's attitude, commentary and professionalism.  
            Despite the high volume of tourism, the state of California  
            does not regulate tour guides. As a result, individuals  
            without proper training or adequate knowledge about  
            California's history, culture and special interests can be  
            hired as guides for tours."








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          2)Background: Tourism industry marketing through Visit  
            California and California Travel and Tourism Commission.


            The California Tourism Marketing Act grew out of efforts to  
            reverse a multi-year decline in California's tourism industry.  
            During the 1970s, Governor Brown closed the Office of Tourism  
            and withdrew funding from many tourism promotion efforts.  
            During Governor Deukmejian's tenure, the Office of Tourism was  
            reactivated. In February 1993, Governor Wilson created the  
            Governor's Task Force on Tourism Funding (Executive Order  
            W-41-93) for the purpose of "investigating various tourism  
            funding methods and making policy recommendations regarding a  
            new, "non-tax" method of providing stable financing for  
            statewide tourism promotion." The Task Force, which was  
            composed of representatives from various California  
            businesses, developed the concept that was ultimately enacted  
            by SB 256 (Johnston) Chapter 871, Statutes of 1995, as the  
            California Tourism and Marketing Act. 

            The Act authorized the establishment of a non-profit, public  
            benefit corporation, Visit California, to oversee the  
            promotion of California as a premier travel destination. The  
            statute became operative upon industry wide approval in 1997  
            and the assessment program was initiated in 1998. In 2001, the  
            program was renewed by industry referendum with an 84% margin,  
            while in 2007 it was renewed by a 91% margin. The first full  
            year of assessment funding occurred during the 1998-99 fiscal  
            year and between 1998 and 2002, the marketing budget was fully  
            funded by the Commission and the state at approximately $14  
            million annually. 





            Visit California is comprised of 37 Commission members,  








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            representing each industry segment (Accommodations,  
            Restaurants and Retail, Attractions and Recreation,  
            Transportation and Travel Services, and Passenger Car Rental).  
            The Commission meets three times a year and directs and  
            approves the marketing plan, expenditures and the overall  
            strategic course for California tourism. The assessment  
            program is administered by the Office of Tourism, Tourism  
            Assessment Program which is housed in GO-Biz.


            According to the California Travel Association, the travel  
            industry generated $106.4 billion in revenue from visitors and  
            contributes to $6.6 billion in state and local taxes in 2012.  
            The revenue stream is predicted to grow to over $135.6 million  
            by 2016. In 2013, California hosted nearly 16 million  
            international visitors and it is forecasted to grow at over 5%  
            per year through 2016. To support this volume of visitors, the  
            travel and tourism industry maintains over 950,000 jobs.  





          3)Tour guides are regulated elsewhere, and in some local  
            jurisdictions in California.


            According to information provided by the author, several  
            regions in the United States have tour guide certification  
            programs. For example, the San Diego Professional Tour Guide  
            Association was created to enhance the visitor's overall  
            experience while in San Diego.  Consistent with this mission,  
            it has a voluntary certification program that consists of a  
            written examination, an oral presentation, and two ride-a-long  
            training tours. The association provides standard rates for  
            various set tours which are serviced by its certified tour  
            guides. In New York City, a voluntary program exists that  
            requires a written test and a criminal declaration. The State  
            of Hawaii issues a certification to tour guides that have  








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            completed an approved eight-hour tour guide course. In New  
            Orleans, certified tour guides must provide a criminal  
            background check with no felony convictions within five years,  
            pass a drug test, be eighteen years or older, and successfully  
            complete the written tour guide examination. Only certified  
            tour guides may provide tours in New Orleans or risk a  
            misdemeanor charge. In the District of Columbia, a licensed  
            tour guide is required to pay the required fees, pass a  
            criminal background check, be eighteen years or older, and be  
            fluent in English. The District of Columbia regulations  
            restrict the practice of tour guiding to only licensed  
            persons. While consistency lacks among the programs, the  
            overarching principle is to provide for tour guides that  
            demonstrate baseline knowledge of the regional history and  
            culture that acts to enhance the experience of its visitors


          4)Recent anecdotal stories of untrained tour guides posing as  
            travel experts run the gamut from bad service in California to  
            theft and physical assaults abroad.


            When one searches the internet, there are many stories of  
            tourists being taken advantage of. In a compilation of Tour  
            Guide Horror Stories, offered by the author, traveler's bad  
            experiences in California are detailed, including; a San  
            Francisco tour guide who steered the tour daily to a Chinese  
            buffet before taking them to see sites such as "UC Harvard", a  
            Sacramento resident who states that his family visiting from  
            China had a tour guide who "made me feel like I was being  
            conned" by adding extra charges and hidden fees, and "when  
            some tourist refused to pay the hidden charges or extra  
            charges they raised their tone and argued with the tourists"  
            and badgered them into paying; yet another visitor from China  
            had a frightening experience with a tour bus driver who, "was  
            speeding all the time, he drove 80 on the freeway and said 55  
            speed limit was only for trucks." And although the law for  
            commercial drivers is that they may not consume alcohol for 24  
            hours before driving, "the bus driver was drunk when he  








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            drove." She reports that he brought 3 big liter bottles of  
            beer to the hotel the night before departure. The next morning  
            the bus driver missed the departure time, and when he finally  
            arrived all the passengers waiting for him could smell alcohol  
            on him as he walked by. The trip that day was from San  
            Francisco to Yosemite, where, "because the bus driver was late  
            he had to drive very fast to catch the other buses in the tour  
            group. The road was a crooked tiny road and it was really  
            scary." In addition to the driver issues, the tour guide did  
            not explain their destinations at all, just where the  
            restrooms were at stops. The guide brought his wife along and  
            to the tourist, "it seems like he is having a vacation and not  
            us."





            The online traveler's aid service iPatrol Travel Advice warns  
            of "Fake Tour Guides" saying, "When visiting most popular  
            areas you might come across touts claiming to be tour guides.  
            If you happen to sign up with one of them, they would take you  
            to places you don't want to go, bring you over to various  
            uncles' rug shops, souvenir, jewelry shops and alike where you  
            will be pressured into buying things. Your so called 'guide'  
            has an agreement with the shop owner and receives a commission  
            from anything you buy. In worst case scenarios touts may take  
            your money for their 'services' and abandon you. According to  
            iPatrol, "A 'Tout' is any person who solicits a customer in an  
            importune, typically aggressive or bold manner. An example  
            would be a person who is always to be found in heavily  
            touristed areas, who presents himself as a guide (particularly  
            towards those who do not speak the local language) but  
            operates on behalf of local bars, restaurants, or hotels,  
            being paid to direct tourists towards certain establishments."












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            The issue of tourist safety has spawned a number of online  
            websites, including, Tourist Killed: Global monitoring of  
            tourist deaths, attack, robbery, rip-offs, arrests. This site  
            details the worst of stories from around the world of fake  
            tour guides preying on unsuspecting tourists, such as the  
            following:





                 This story from Mexico, A woman visiting León,  
               Guanajuato from Sinaloa was assaulted by 'pirate' guides,  
               who she hired in the bus station to take her on a tour of  
               the city and state capital, Correo Guanajuato reports. The  
               guides' took her through the capital, then forcefully threw  
               her from their truck in a tunnel and took off with all her  
               money, travel papers and other effects. 'They took  
               everything, they left me with nothing,' she told police  
               afterwards. The attack comes just one week after another  
               tourist was mugged by a man pretending to be a tour guide."



                 This story from China, "Shanghaidaily.com reports that a  
               tour guide who was accused of threatening to kill a  
               sightseer while brandishing a pointed object in an effort  
               to force tourists to buy more from a shop was detained  
                 yesterday on suspicion of beating others, Beijing's tourism  
               administration said. An initial investigation showed the  
               29-year-old man surnamed Meng doesn't have a tour guide  
               certificate, and the travel agency called Mingdutengda that  
               he claimed to work for wasn't registered, Beijing News  
               reported today."



                 This from Thailand, "According to bangkokpost.com, two  








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               tour guides were arrested on Sunday for allegedly stealing  
               valuables from a tourist in Patpong, Bangkok police. Pol Lt  
               Col Siam Insuwanno, deputy superintendent of Thung Mahamek  
               police station, said the two suspects were named as Sommai  
               Tubtim, 42, and Ritthicha Kongsomboon, 53. The victim,  
               whose name was withheld, told investigators that he was  
               attacked by a group of three men after he left a night  
               entertainment venue in Patpong. The three men stole his  
               valuables, including an iPhone 5 smartphone, and fled."
          1)Policy and Implementation issues raised in Business and  
            Professions Committee remain largely unaddressed.


            This bill comes to the Committee on a double referral after  
            having been heard in the Business and Professions Committee  
            April 14, 2015. In that venue, a number of policy and  
            implementation concerns were raised by the analysis, which  
            this committee shares, and thus they are detailed below. The  
            author responds that the bill is a work in progress, and is  
            working with all stakeholders to make sure that all concerns  
            are vetted and all ideas for improvement explored.





          2)POLICY ISSUES FOR CONSIDERATION 


             a)   This bill will not prevent persons from operating as  
               tour guides or holding themselves out as tour guides or  
               operating tour guide businesses except as discussed above  
               in regards to state parks and structures. Further, this  
               bill does not offer title protection for certified tour  
               guides so there are no limitations on a person calling  
               himself or herself a certified tour guide.  


             b)   Additionally, there is no review process or oversight by  








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               the State as required by every board and bureau under the  
               Department of Consumer Affairs. Unlike the boards and  
               bureaus which have a sunset date that triggers their  
               review, the Commission does not have a sunset date leaving  
               the process for obtaining and regulating the tour guide  
               certification program unchecked. 


             c)   Another consideration is the weight that is afforded to  
               a license or certification endorsed by the State and what  
               effect the creation of more licenses or certifications has  
               on the diminution of the value of current licensees or  
               certificate holders. 


             d)   The author should consider whether the placement in the  
               Business and Professions Code (BPC) is the proper section  
               to place this proposed legislation. Considering that the  
               California Tourism Marketing Act which created the  
               California Travel and Tourism Commission is codified in the  
               Government Code, the author may want to work with  
               Legislative Counsel to assure that the language is  
               correctly placed.  Further, its placement within the BPC  
               might be reconsidered since section 9400 sits amidst five  
               repealed chapters. 


            IMPLEMENTATION ISSUES


             e)   Upon discussion with the Commission, two major concerns  
               were raised. The first concern involves start-up costs  
               related to the formation and administration of the tour  
               guide examination. While the Commission seems well poised  
               to assist in the formation of the examination, its concerns  
               over cost and administration remain an issue. The  
               Commission is established primarily as a marketing agency  
               and has never been charged with examination administration.  
               Additionally, as a marketing agency, the Commission has  








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               never had a regulatory function. While the subject matter  
               is within the expertise of the Commission, this would be a  
               departure from the Commission's core mission and would  
               likely require restructuring of the organization from its  
               current form. 


             f)   Considering this new regulatory scheme and the need for  
               the development of a new examination and administration  
               program, the author may consider a delayed implementation  
               so that the infrastructure can be established prior to  
               program initiation. 


          REGISTERED SUPPORT / OPPOSITION:




          Support


          Tour Guide Coalition of California


          Numerous individuals




          




          Opposition


          There is no opposition on file.








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          Analysis Prepared by:Dana Mitchell / A.,E.,S.,T., & I.M. / (916)  
          319-3450