Report Title:

Model Photography; Licensure

 

Description:

Requires model photographers to be licensed by the State.

 


HOUSE OF REPRESENTATIVES

H.B. NO.

2400

TWENTY-FOURTH LEGISLATURE, 2008

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT


 

 

relating to photography.

 

 

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 be appropriately designated and to read as follows:

"Chapter

model PHOTOGRAPHY

     §   -1  License required.  No person for commercial purposes shall practice as a professional model photographer or announce or advertise as being prepared or qualified to do so unless the person is licensed as required by this chapter; provided that this chapter shall not affect the right of any person licensed by the State to engage in any other occupation from doing any of the acts properly authorized by the person's license.  The director shall issue to a person who qualifies under this chapter a license in the classification of professional model photographer.

     §   -2  Professional model photographer.  (a)  As used in this chapter:

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

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

     "Professional model photographer" means a person skilled in the knowledge and science of photography who engages in photography of individuals for profit.  A professional model photographer does not include an amateur photographer who:

     (1)  Receives remuneration in the way of a prize or other consideration for a photograph of an individual submitted in a competition or contest; or

     (2)  Receives any other remuneration or compensation for the sale of a photograph or photographs of an individual, so long as the person does not hold oneself out to the public as being a practicing professional model photographer who makes pictures for compensation, sale, or hire.

     (b)  Nothing in this chapter shall apply:

     (1)  To any person employed by or who makes negatives and photographs for any newspaper or periodical publication, provided the negatives or photographs are not sold, offered for sale, or otherwise disposed of in the State;

     (2)  To any person who makes negatives or photographs for experimental purposes or for the person's own personal use or pleasure;

     (3)  To any person attending or in the employ of any school or institution who makes negatives or any reproductions solely for the use of the school or institution for educational or scientific purposes;

     (4)  To any duly licensed medical or dental practitioner who makes negatives or photographs for clinical purposes;

     (5)  To any apprentice who is learning the profession of photography under a licensed photographer, provided that all work done by the apprentice is in the presence of a licensed photographer and under the licensed photographer's supervision;

     (6)  To any person who sells negatives or photographs to any newspaper for its use only;

     (7)  To any person who sells copyrighted negatives or photographs; or

     (8)  To any person who makes and sells negatives for film.

     §   -3  Powers and duties of the director.  In addition to any other powers and duties authorized by law, the director shall:

     (1)  Adopt rules pursuant to chapter 91 to carry out the purposes of this chapter and maintain a high degree of integrity among persons licensed as professional photographers;

     (2)  Develop standards for licensure;

     (3)  Prepare and administer examinations;

     (4)  Issue, renew, suspend, and revoke licenses;

     (5)  Register applicants and holders of a license;

     (6)  Investigate and conduct hearings regarding any violation of this chapter and any implementing rules; and

     (7)  Do all things necessary to carry out the functions, powers, and duties set forth in the chapter.

     §   -4  Prerequisite for admission to examination.  (a)  The director shall receive applications from any person desiring to engage in business within the State as a professional model photographer who is over the age of eighteen years and a resident of the State.

     (b)  The applicant shall provide proof of experience of a year or more in photography of a kind that would enable the applicant to engage in professional model photography, or proof that the applicant has received a diploma from a recognized school of photography.

     (c)  The applicant shall not have been convicted of a class A felony or be required to register as a sex offender or other covered offender under chapter 846E.

     §   -5  Licensing; fees.  (a)  The director shall issue a license as professional model photographer to each applicant who passes the required examination, pays all fees, and meets all the other requirements of this chapter and any implementing rules.

     (b)  The director shall also accept an application from, and issue a license to any firm, company, partnership, or corporation, hereinafter referred to as a "firm", engaged in professional photography, whose owner, supervising head, or principal operator is in possession of a valid individual license.  Except as required in the preceding sentence, employees of the firm need not be licensed under this chapter.

     (c)  All licenses shall expire on December 31 of each odd-numbered year.

     (d)  Every licensed professional model photographer shall pay to the department by December 31 of each odd-numbered year a biennial renewal fee of $15.  The payment of the renewal fee shall entitle the licensee to renewal of the license.

     (e)  Failure or refusal to renew the license by December 31 of each odd-numbered year shall constitute a forfeiture of the license.  The license shall be restored upon payment of all delinquent fees and a penalty fee if application is made within three years after lapse.

     §   -6  Refusal to grant and revocation and suspension of licenses.  (a)  In addition to any other actions authorized by law, the director may take disciplinary action against any licensee who holds a license issued under this chapter, including but not limited to revocation, suspension, fine, or a combination thereof, or refuse to grant or renew any license for any cause authorized by law, including the licensee's:

     (1)  Procuring a license through fraud, misrepresentation, or deceit;

     (2)  Professional misconduct, gross carelessness, or manifest incapacity;

     (3)  Permitting an unlicensed person to perform activities that require a license under this chapter;

     (4)  Violation of this chapter or the rules adopted pursuant thereto;

     (5)  Making any false representation or promise through advertising or otherwise;

     (6)  Any other conduct constituting fraudulent or dishonest dealings;

     (7)  Failing to comply with any order of the director or the department; or

     (8)  Making a false statement on any document submitted or required to be filed by this chapter.  The director may revoke any license then in force if the holder is found guilty by the board of fraudulent practices or wilful misrepresentation in the conduct of the model photographer's business; or

     (9)  Being convicted of a class A felony or as a sex offender or other covered offender under chapter 846E.

     (b)  Any person or firm who violates this chapter or the rules adopted pursuant to chapter 91 shall be fined not less than $100 nor more than $1,000 for each violation."

     SECTION 2.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________