Tour guides and operators now under MVA’s regulatory power

Gov. Eloy S. Inos signed into law a bill authorizing the Marianas Visitors Authority to regulate tour operators and tour guides to ensure the highest level of professionalism and service by developing a standard of conduct and certification process, among other things. But the governor said the Legislature needs to clarify the bill’s ambiguous and vague provisions.

The Legislature, for example, needs to explain the scope of MVA’s certification such as the length of its validity, whether MVA can revoke certification, and whether a fee is required.

Further clarification of what it means to be “in good standing” is also needed, along with other relevant questions regarding MVA’s certification of tour guides and tour operators.

If the Department of Finance is required to issue business licenses subject to the bill’s provisions, this should be made clear in the bill, the governor said.

“Further, as some of the provisions of this bill [are] vague, I have concerns that the bill will be applied arbitrarily. An amendment to this bill should also require the MVA to promulgate rules and regulations governing the certification process. This will ensure that the MVA applies all certification requirements in a standard manner,” the governor said in his July 31 transmittal letter to Senate President Ralph Torres (R-Saipan) and House Speaker Joseph Deleon Guerrero (Ind-Saipan).

Rep. Edmund Villagomez (Cov-Saipan), author of the bill, said yesterday that while he has not seen a copy of the newly-signed measure and the governor’s concerns, he said “it is good to know that the governor signed the bill into law.”

Villagomez’s House Bill 18-49, as substituted by the Senate, is now Public Law 18-58.

Under the new law, MVA now has to regulate the tour industry “through the issuance of certifications to tour operators and tourist land/sea transport operators attesting to their compliance with statutory and regulatory requirements for engaging in the tour operator and tourist land/sea transport operators business and tour guides through the issuance of certifications attesting to a minimum [proficiency] in the English language and their successful completion and training in the history, culture, and scenic attractions of the CNMI.”

“Once again, although I approve HB 18-49, SS1, I urge the Legislature to consider amending the law to clarify any ambiguities present in this bill,” the governor told lawmakers.

Inos said it is in the public’s interest to regulate the profession of tour guides and tour operators in the CNMI.

The islands’ tourism industry is now recovering, after periods of stagnation. Tourism is an essential component of the CNMI’s economy and an industry of great interest and importance.

Real ID law

The governor also signed into Public Law 18-59 a Senate bill requiring the Department of Public Safety’s Bureau of Motor Vehicles to include certain identification information and documentation such as proof of citizenship or legal status as required by the federal Real ID Act of 2005, on the CNMI operator’s or driver’s licenses.

But like the tourism law, the governor also asked the Legislature for further work on the ID law, which he said brings the CNMI “closer to compliance with the Real ID Act.”

Inos said the Legislature must pass additional legislation to bring the CNMI “in full compliance with the Real ID Act.”

“First, the Legislature must repeal 9 CMC 2206, because 2206 conflicts with Senate Bill 18-42. Second, the Real ID Act has special rules for temporary drivers’ licenses. The Legislature must pass additional legislation that will allow the Bureau of Motor Vehicles to issue temporary drivers’ licenses under certain circumstances,” the governor told the Legislature.

Finally, he said, the Real ID Act requires the CNMI to share information with other states and the federal government.

SB 18-42 grants broad authority to DPS to promulgate regulations that will bring the CNMI into full compliance with the Real ID Act.

“However, it would be preferable for the Legislature to clearly authorize the Department of Public Safety to share and store information as required by the Real ID Act,” the governor said.

He added that if the CNMI does not comply with the Real ID Act, then CNMI citizens will eventually suffer three consequences.

These include: federal agencies will no longer accept CNMI drivers’ licenses as identification; CNMI citizens will not be able to use drivers’ licenses to access federal facilities; and CNMI citizens will not be able to use drivers’ licenses to board commercial aircraft.

Inos said BMV, along with the Office of the Attorney General, is ready to help draft a bill that will bring the Commonwealth into full compliance with the Real ID Act. He also looks forward to working with the Legislature on this.

The Senate president, author of the bill, said yesterday that he thanks the governor “for his vision for the future of our drivers and the ability to travel to the U.S.”