Ley 52 del 2008

(H. B. 3480) (Conference) (No. 52) (Approved May 6, 2008)

AN ACT

To repeal Act No. 523 of September 29, 2004, known as the "Tour Guide Examining Board Act"; to amend Sections 5 and 6 of Act No. 10 of June 18, 1970, as amended, known as the "Organic Act of the Puerto Rico Tourism Company" in order to grant to the Company the power to regulate everything related to the certification of Tour Guides; to impose penalties and for other purposes.

STATEMENT OF MOTIVES

The former Legislature approved Act No. 523 of November 29, 2004, recognizing the importance of the tourist industry for the economy of the Island, and the need to promote tourist development in Puerto Rico through the professional betterment of Tour Guides. This statute created the Tour Guide Examining Board attached to the Department of State in order to comply with the purpose of achieving the professionalization of this sector by means of an effective structure to grant licenses and licensure examinations.

Act No. 523, supra, directed the Tourism Company to establish a promotion, marketing and continuing education program intended for tour guides. This, recognizing that the referred to public corporation has the most decisive interest in regulating and directing the best interests of a competent class of tour guides prepared to render the best services to our visitors and internal tourists.

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It is necessary to mention that the Tourism Company is the government entity with the expertise and sensibility, inherent to its own ministerial function, to address everything related to tour guides. For this reason, Act No. 523, supra, which assigned said function to the Department of State, should be repealed.

Act No. 523, supra, established as well that any person who wishes to practice the Tour Guide profession in Puerto Rico shall be under the obligation to meet the requirement of having approved at least thirty (30) credit-hours of education in general studies at a higher education institution or university accredited by the Council on Higher Education of Puerto Rico or by any accrediting institution recognized by the Council on Higher Education, or equivalent professional experience pursuant to the Regulations approved by the Board to that effect. This requirement has caused serious problems to the tourism industry, in view of the fact that most people were unable to meet the same. Furthermore, the experience of some Tour Guides was not taken into account, causing that some dependencies fail to comply with Act No. 523, supra, since it would cause dismissals in various government dependencies.

This legislature believes that the most effective manner to achieve the professionalization and continuous betterment of this sector is by granting to the Tourism Company the power and duty of promoting, marketing, and offering continuing education as well as of certifying the Tour Guide practice in the Commonwealth of Puerto Rico, since the Company is the planning, promoting and developing core of our tourist industry.

BE IT ENACTED BY THE LEGISLATURE OF PUERTO RICO:

Section 1.- Subsection (bb) of Section 5 of Act No. 10 of June 18, 1970, as amended, is hereby amended to read as follows:

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"Section 5.- The Company shall have and may exercise the rights, duties and powers that are necessary or convenient to promote, develop and improve the tourist industry, including, without limiting, the following:

(a) ... (bb) Establish a program for the certification, promotion, marketing and continuing education aimed at Tour Guides. In addition, it shall provide continuing education courses for the betterment of the profession. In order to achieve due compliance with the provisions of this subsection, the Company is hereby authorized to establish a Tour Guide Council, presided by the Executive Director of the Company and composed of tour guides and representatives of the tourist transportation sector and by the sectors of the tourism industry he/she deems pertinent, which shall serve as a permanent discussion forum, to contribute, among other things, to the regulations for regulating everything concerning the tour guide certification provided for in Section 6 of this Act, and to develop a plan for the betterment and professional training of tour guides."

Section 2.- Subsection (14) is hereby added to Section 6 of Act No. 10 of June 18, 1970, as amended, to read as follows: "Section 6.- The Company shall be responsible for: (1) ... (14) Approving regulations for regulating everything concerning Tour Guide certification in the Commonwealth of Puerto Rico."

Section 3.- Penalties Any person who without the corresponding certification engages in the practice of the Tour Guide profession in Puerto Rico, or who employs a person without a license to practice the same, shall incur a misdemeanor and

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upon conviction shall be punished by a fine of five hundred (500) dollars or imprisonment for a period not to exceed six (6) months or both penalties at the discretion of the Court. The Company shall suspend the certification for one year upon the person's conviction and in the case of a Tour Guide company and in the event of recurrence he/she shall lose the right to practice the profession in Puerto Rico permanently.

Section 4.- Requirements to Obtain the Tour Guide Certification Any person authorized to be a Tour Guide in Puerto Rico shall comply with the following requirements:

(a) Be mentally and physically fit therefore.

(b) Have reached the age of eighteen (18).

(c) Have completed high school.

(d) Be fluent in Spanish and English, oral and written

(e) Any person who applies to become a Tour Guide shall comply with the education requirements established through regulations by the Tourism Company, pass a course offered by any entity specialized in the subject and approved by the Tourism Company and the Council on Higher Education or the General Education Council, as the case may be.

Section 5.- Grandfather Clause Within a term not to exceed six (6) months after this Act becomes effective, the Executive Director of the Tourism Company shall issue, upon request and orientation on the regulations relative to Tour Guides, the certification to practice as Tour Guide to any person who provides evidence attesting to the following:

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a. Holding a Tour Guide Certification duly authorized by the Tourism Company and the Council on Higher Education or the General Education Council issued to his/her name; and b. In the case of tour guides who work for any government dependency of any of the three branches of the Government of the Commonwealth of Puerto Rico, and its municipalities. Likewise, he/she shall take a customer service course offered by the Tourism Company and provide evidence of having at least two (2) years of experience to such ends.

Section 6.- Repeal. Act No. 523 of September 29, 2004, known as the "Tour Guide Examining Board Act," is hereby repealed.

Section 7.- Severability Clause If any clause, paragraph, section or part of this Act were ruled null or unconstitutional by a court with competent jurisdiction, such judgment or resolution shall not invalidate the remaining provisions of this Act.

Section 8.- This Act shall take effect ninety (90) days counted as of its approval.

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CERTIFICATION

I hereby certify to the Secretary of State that the following Act No. 52 (H.B. 3480) (Conference) of the $7^{ ext {th }}$ Session of the $15^{ ext {th }}$ Legislature of Puerto Rico:

AN ACT to repeal Act No. 523 of September 29, 2004, known as the "Tour Guide Examining Board Act"; to amend Sections 5 and 6 of Act No. 10 of June 18, 1970, as amended, known as the "Organic Act of the Puerto Rico Tourism Company" in order to grant to the Company the power to regulate everything related to the certification of Tour Guides; to impose penalties and for other purposes, has been translated from Spanish to English and that the English version is correct.

In San Juan, Puerto Rico, today $15^{ ext {th }}$ of August of 2008.

Francisco J. Domenech Director