HB3346

SECTION 1. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

PRIVATE PATROL OPERATORS AND TRAINING FACILITIES

security guards

PART I. PRIVATE PATROL OPERATORS TRAINING FACILITY

§ -1 Definition. For purposes of this part:

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

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

"Licensee" means a licensed private patrol operator.

§ -2 Qualifying experience to sit for the private patrol operator licensing examination. (a) An applicant, or the applicant's manager, for a license as a private patrol operator shall have had at least one year of experience as a patrolperson, guard, or watchman, or the equivalent thereof as determined by the director. An applicant shall substantiate the claimed year of qualifying experience and the exact details as to the character and nature thereof by written certifications from the employer, subject to independent verification by the director as the director may determine. In the event of inability of an applicant to supply the written certifications from the employer in whole or in part, applicants may offer other written certifications from other than employers substantiating employment for consideration by the director.

(b) An individual who, upon the determination of the director, has served in the armed services and possesses the proper skills may be eligible to take the private patrol operator licensing examination. In that case, the director may waive any other required training courses, as the director determines. However, if the applicant fails the licensing examination, the director may not thereafter waive completion of any required training courses.

§ -3 Acts prohibited of a licensed private patrol operator. (a) No person licensed as a private patrol operator shall do any of the following:

(1) Fail to properly maintain an accurate and current record of all firearms or other deadly weapons that are in the possession of the licensee or of any employee while on duty. Within seven days after a licensee or the licensee's employees discover that a deadly weapon that has been recorded as being in the licensee's possession has been misplaced, lost, or stolen, or is in any other way missing, the licensee or the licensee's manager shall mail or deliver to any local law enforcement agency that has jurisdiction, a written report concerning the incident. The report shall describe fully the circumstances surrounding the incident, any injuries or damages incurred, the identity of all participants, and whether a police investigation was conducted.

(2) Fail to properly maintain an accurate and current record of the name, address, commencing date of employment, and position of each employee, and the date of termination of employment when an employee is terminated.

(3) Fail to properly maintain an accurate and current record of proof of completion by each employee of the licensee of the course of training in the exercise of the power to arrest as required by section -6, the security officer skills training required by section -7(b), and the annual practice and review required by section -7(f).

(4) Fail to certify an employee's completion of the course of training in the exercise of the power to arrest prior to placing the employee at a duty station.

(5) Fail to certify proof of current and valid registration for each employee who is subject to registration.

(6) Permit any employee to carry a firearm or other deadly weapon without first ascertaining that the employee is proficient in the use of each weapon to be carried. With respect to firearms, evidence of proficiency shall include a certificate from a firearm training facility approved by the director certifying that the employee is proficient in the use of that specified caliber of firearm and a current and valid firearm qualification permit issued by the department. With respect to other deadly weapons, evidence of proficiency shall include a certificate from a training facility approved by the director certifying that the employee is proficient in the use of that particular deadly weapon.

(7) Fail to deliver to the director a written report describing fully the circumstances surrounding the discharge of any firearm, or physical altercation with a member of the public while on duty, by a licensee or any officer, partner, or employee of a licensee while acting within the course and scope of the employee's employment within seven days after the incident. For the purposes of this paragraph, a report shall be required only for physical altercations that result in any of the following:

(A) The arrest of a security guard;

(B) The filing of a police report by a member of the public;

(D) The discharge, suspension, or reprimand of a security guard by the security guard's employer.

The report shall include, but not be limited to, a description of any injuries or damages incurred, the identity of all participants, and whether a police investigation was conducted. Any report may be investigated by the director to determine if any disciplinary action is necessary.

(8) Fail to notify the director in writing and within thirty days that a manager previously qualified pursuant to this chapter is no longer connected with the licensee.

(9) Fail to administer to each registered employee of the licensee, the review or practice training required by section -7(f).

§ -4 Acts prohibited of a registered security guard. No person required to be registered as a security guard pursuant to this chapter shall do any of the following:

(1) Fail to carry on the person, while on duty, a valid and current security guard registration card;

(2) Fail to carry on the person a valid and current firearms permit when carrying a firearm on duty;

(3) Carry or use a firearm unless the person possesses a valid and current firearms permit issued pursuant to this chapter; or

(4) Fail to report to the person's employer within twenty-four hours of the incident, the circumstances surrounding any incident involving the discharge of any firearm in which the person is involved while acting within the course and scope of the person's employment.

§ -5 Required reports of firearms discharge. Any person registered as a security guard or patrolperson shall deliver to the director a written report describing fully the circumstances surrounding any incident involving the discharge of any firearm in which the person was involved while acting within the course and scope of the person's employment, within seven days after the incident. The report shall be made on a form prescribed by the director which shall include, but not be limited to, the following:

(1) The name, address, and date of birth of the guard or patrolperson;

(2) The registration number of the guard or patrolperson;

(3) The firearm permit number and baton permit number of the guard or patrolperson, if applicable;

(4) The name of the employer of the patrolperson;

(5) The description of any injuries and damages that occurred;

(6) The identity of all participants in the incident;

(7) Whether a police investigation was conducted relating to the incident; and

(8) The date and location of the incident. Any report may be investigated by the director to determine if any disciplinary action is necessary.

A copy of the report delivered to the director pursuant to this section shall also be delivered within seven days of the incident to the local police which has jurisdiction over the geographic area where the incident occurred.

§ -6 Required course of training in arrests and use of firearms. (a) Every licensee and any person employed and compensated by a licensee (other lawful business, or public agency), as a security guard or patrolperson, and who in the course of that employment or business carries a firearm, shall complete a course of training in the exercise of the powers to arrest and a course of training in the carrying and use of firearms. Armored vehicle guards shall complete a course of training in the carrying and use of firearms, but shall not be required to complete a course of training in the exercise of the powers to arrest. The course of training in the carrying and use of firearms shall not be required of any employee who is not required or permitted by a licensee to carry or use firearms. The course in the carrying and use of firearms and the course of training in the exercise of the powers to arrest shall meet the standards which shall be prescribed by the department. The department shall encourage restraint and caution in the use of firearms.

(b) No uniformed employee of a licensee shall carry or use any firearm unless the employee has in the employee's possession a valid firearm qualification card.

§ -7 Course of training in arrests; completion required prior to duty location. (a) A person entering the employ of a licensee to perform the functions of a security guard or a security patrolperson shall complete a course in the exercise of the power to arrest prior to being assigned to a duty location.

(b) Except for a registrant who has completed the course of training required by section -43, a person registered pursuant to this chapter shall complete not less than thirty-two hours of training in security officer skills within six months from the date the registration card is issued. Sixteen of the thirty-two hours shall be completed within thirty days from the date the registration card is issued.

(c) A course provider shall issue a certificate to a security guard upon satisfactory completion of a required course, conducted in accordance with the department's requirements. A private patrol operator may provide training programs and courses in addition to the training required in this section. A registrant who is unable to provide the registrant's employing licensee the certificate of satisfactory completion required by this subsection shall complete sixteen hours of the training required by subsection (b) within thirty days of the date of the registrant's employment and shall complete the sixteen remaining hours within six months of the registrant's employment date.

(d) The department shall develop and approve by rule a standard course and curriculum for the skills training required by subsection (b) to promote and protect the safety of persons and the security of property. For this purpose, the department shall consult with consumers, labor organizations representing private security officers, private patrol operators, educators, and subject matter experts.

(e) The course of training required by subsection (b) may be administered, tested, and certified by any licensee, or by any organization or school approved by the department. The department may approve any person or school to teach the course.

(f) (1) A licensee shall annually provide each employee, registered pursuant to this chapter, with eight hours of specifically dedicated review or practice of security officer skills prescribed in either course required in this section or section -8.

(2) A licensee shall maintain at the principal place of business or branch office a record verifying completion of the review or practice training for a period of not less than two years. The records shall be available for inspection by the department upon request.

(g) This section does not apply to police officers or armored vehicle guards.

§ -8 Courses of training in arrests; content. (a) The course of training in the exercise of the power to arrest may be administered, tested, and certified by any licensee or by any organization or school approved by the department. The department may approve any person or school to teach the course in the exercise of the power to arrest. The course of training shall be approximately eight hours in length and shall include the following topics:

(1) Responsibilities and ethics in citizen arrest;

(2) Relationship between a security guard and a police officer in making an arrest;

(3) Limitations on security guard power to arrest;

(4) Restrictions on searches and seizures;

(5) Criminal and civil liabilities;

(A) Personal liability; and

(B) Employer liability;

(6) Trespass law;

(7) Ethics and communications;

(8) Emergency situation response, including response to medical emergencies;

(9) Security officer safety; and

(10) Any other topic deemed appropriate by the department.

(b) The department shall make available a guidebook as a standard for teaching the course in the exercise of the power to arrest. The department shall encourage additional training and may provide a training guide recommending additional courses to be taken by security personnel.

(c) Private patrol operators shall provide a copy of the guidebook described in subsection (b) to each person that they currently employ as a security guard and to each individual that they intend to hire as a security guard. The private patrol operator shall provide the guidebook to each person the private patrol operator intends to hire as a security guard in a reasonable time prior to the time the person begins the course in the exercise of the power to arrest.

(d) The department may inspect, supervise, or view the administration of the test at any time and without any prior notification. Any impropriety in the administration of the course or the test shall constitute grounds for disciplinary action.

§ -9 Registration card; required of certain employees of licensees. No employee of a licensee who performs the function of a security guard or security patrolperson shall be issued a registration card until there is proper certification by the instructor that the exercise of the power to arrest course has been taught and the employee's certification that the instruction was received has been delivered to the department. Except as provided in section -10(f), no security guard registration shall be issued until a criminal history background check has been completed pursuant to section -10(e) and a determination has been made by the department.

§ -10 Application procedures for registration of certain employees of licensees. (a) Upon accepting employment by a private patrol operator, any employee who performs the function of a security guard or security patrolperson who is not currently registered with the department, shall complete an application for registration on a form as prescribed by the director, and obtain two classifiable fingerprint cards for submission to the department of the attorney general. The applicant shall submit the application, the registration fee, and the applicant's fingerprints to the department. The department shall forward the classifiable fingerprint cards to the department of the attorney general. The department of the attorney general shall forward one classifiable fingerprint card to the Federal Bureau of Investigation for purposes of a background check.

(b) If a private patrol operator pays the application fee on behalf of the applicant, nothing in this section shall preclude the private patrol operator from withholding the amount of the fee from the applicant's compensation.

(c) The licensee shall maintain supplies of applications and fingerprint cards that shall be provided by the department upon request.

(d) In lieu of classifiable fingerprint cards provided for in this section, the department may authorize applicants to submit their fingerprints into an electronic fingerprinting system administered by the department of the attorney general. Applicants who submit their fingerprints by electronic means shall have their fingerprints entered into the system through a terminal operated by a law enforcement agency or other facility authorized by the department of the attorney general to conduct electronic fingerprinting. The enforcement agency responsible for operating the terminal may charge a fee sufficient to reimburse it for the costs incurred in providing this service.

(e) Upon receipt of an applicant's electronic or hard card fingerprints as provided in this section, the department of the attorney general shall disseminate the following information to the department:

(1) Every conviction rendered against the applicant; and

(2) Every arrest for an offense for which the applicant is presently awaiting trial, whether the applicant is incarcerated or has been released on bail or on the applicant's own recognizance pending trial.

(f) (1) The requirement in subsection (a) to submit a fingerprint card does not apply to a currently employed, full-time police officer.

(2) A currently employed, full-time police officer may immediately perform the functions of a security guard or security patrolperson provided that the police officer has submitted an application, the applicable fees, and the police officer's fingerprints, if required to submit fingerprints pursuant to subsection (a), to the department for a security guard registration.

(3) This subsection does not apply to a police officer required to obtain a firearm qualification card pursuant to section -12.

(g) Police officers exempt from the submission of classifiable fingerprints pursuant to subsection (f) shall submit verification of their active duty police officer status to the department with their application for registration. A photocopy of the front and back of their police officer identification badge shall be adequate verification.

(h) Police officers exempt from the submission of classifiable fingerprints pursuant to subsection (f) shall report a change in their active duty police officer status to the department within seventy-two hours of the change.

(i) Police officers exempt from obtaining a firearm qualification card pursuant to section -12(c) shall submit to the department with their application for registration a letter of approval from the police department primary employer authorizing the police officer to carry a firearm while working as a security guard or security officer.

(j) The department may impose a fee not to exceed $3 for processing classifiable fingerprint cards submitted by applicants excluding those submitted into an electronic fingerprint system using electronic fingerprint technology.

(k) An employee, on the first day of employment, shall display to the client the employee's registration card if it is feasible and practical to comply with this disclosure requirement. The employee shall thereafter display to the client the employee's registration card upon the request of the client.

§ -11 Contents of application for registration of certain employees of licensee. The application shall be verified and shall include all of the following:

(1) The full name, residence address, telephone number, and date of birth of the employee;

(2) The name, address, telephone number, and license number of the employer and the date the employment commenced;

(3) The signature of the employee and the employer's certification that the employee has received a course in the exercise of the power to arrest;

(4) A statement as to whether the employee has been convicted of a misdemeanor, excluding minor traffic violations;

(5) A statement as to whether the employee has been convicted of a felony; and

(6) The application fee provided for in this chapter or the rules adopted pursuant thereto, except as provided in section -10.

§ -12 Requirements for employees of licensees who carry or use firearms; exemptions. (a) No employee of a licensee shall carry or use a firearm unless the employee has in the employee's possession both of the following:

(1) A valid guard registration card issued pursuant to this chapter; and

(2) A valid firearm qualification card issued pursuant to this chapter.

(b) Subsection (a)(2) shall not apply to a duly appointed police officer, who meets all of the following:

(1) The police officer has successfully completed a course of study in the use of firearms;

(2) The police officer is authorized to carry a concealed firearm in the course and scope of the police officer's employment; and

(3) The police officer has proof that the police officer has applied to the department for a firearms qualification card.

(c) (1) This section shall not apply to a duly appointed police officer, who has written approval from the department to carry a firearm while working as a security guard or security officer.

(2) A police officer exempt under this subsection shall carry on the police officer's person a letter of approval from the police department authorizing the police officer to carry a firearm while working as a security guard or security officer.

§ -13 Determinations of fitness of employees based on criminal history. (a) The department, upon receipt of a criminal offense record or record of a subsequent arrest from the department of the attorney general, shall make an immediate determination of fitness of:

(1) Applicants for registration under this chapter, or

(2) Applicants for firearm qualification cards,

when information contained in the records of the department of the attorney general makes this determination possible. Applications of those determined to be unfit shall be immediately denied.

(b) The department shall keep a current and accurate record of the individuals who have applied for and been denied registration under this chapter or a firearms qualification card. A list consisting of individual names and other pertinent identifying information may be made of those individuals who have been denied registration. The list may be updated bimonthly and made available to interested licensees and law enforcement agencies.

§ -14 Further documentation to determine fitness of employees; open arrests. (a) If the director determines that an applicant's criminal history contains open arrest information, the director shall issue a notice to the applicant allowing forty-five days for the applicant to provide documentation concerning the disposition of the arrest or arrests.

(b) The notice shall be sent to the applicant at the applicant's last known residential address and shall provide sufficient information to assist the applicant in complying with the director's request. If the applicant fails to respond within forty-five days, the applicant's employment shall be automatically suspended until the department obtains the necessary documentation to approve or deny the application or suspend the registration.

§ -15 Suspensions from employment; when required. If the director determines that continued employment of an applicant, firearms qualification cardholder, or registrant, in the registrant's current capacity, may present an undue hazard to the public safety, the licensee, upon proper notification from the director, shall suspend the applicant, firearms qualification cardholder, or registrant from employment.

§ -16 Refusals to register employees; when authorized. (a) The director may refuse to register any employee, or may suspend or revoke a previously issued registration, if the individual has committed any action which, if committed by a licensee, would be grounds for refusing to issue a license, or for the suspension or revocation of a license issued under this chapter.

(b) The denial of an application for registration under this part shall be in writing and shall describe the basis for the denial. The denial shall inform the applicant that if the applicant desires a review by a disciplinary review committee to contest the denial, the review shall be requested of the director within thirty days following notice of the issuance of the denial.

§ -17 Issuance, receipt, replacement of registration cards. (a) Upon approval of an application for registration, the director shall cause to be issued to the applicant at the applicant's last known residential address a registration card in a form approved by the director.

(b) A person may work as a security guard or security patrolperson pending receipt of the registration card if the person has been approved by the department and carries on the person a hardcopy printout of the department's approval from the department's web site and a valid picture identification.

(c) In the event of the loss or destruction of the card, the cardholder may apply to the department for a certified replacement of the card, stating the circumstances surrounding the loss, and pay a $10 certification fee, whereupon the department shall issue a certified replacement of the card.

§ -18 Managers; exemption. A manager of a licensee's operations is not required to register under this part.

§ -19 Licensee's duties with regard to employees who should be registered. A licensee shall at all times be responsible for ascertaining that the licensee's employees who are subject to registration are currently registered or have made proper application for registration as provided in this chapter. A licensee may not have in the licensee's employment a person whose registration has expired or been revoked, denied, suspended, or canceled.

§ -20 Registration card renewals. (a) A registration issued under this chapter expires two years following the date of issuance or on the assigned renewal date.

Every security guard issued a registration under this chapter and who is also issued or renews a firearms qualification card shall be placed on a cyclical renewal so that the registration expires on the expiration date of the firearms qualification card. Notwithstanding any other provision of law, the department is authorized to extend or shorten the first term of registration and to prorate the required registration fee in order to implement this cyclical renewal. At least sixty days prior to the expiration, a registrant seeking to renew a security guard registration shall forward to the department a completed registration renewal application and the renewal fee. The renewal application shall be on a form prescribed by the director, dated and signed by the applicant, certifying under penalty of perjury that the information in the application is true and correct.

(b) The licensee shall provide to any employee information regarding procedures for renewal or registration.

(c) In the event a registrant fails to request a renewal of the registrant's registration as provided for in this chapter, the registration shall expire as indicated on the registration. If the registration is renewed within sixty days after its expiration, the registrant, as a condition precedent to renewal, shall pay the renewal fee and the delinquency fee.

(d) The delinquency fee is fifty per cent of the renewal fee in effect on the date of expiration, but not less than $25.

(e) If the renewed registration card has not been delivered to the registrant prior to the expiration of the prior registration, the registrant may present evidence of renewal to substantiate continued registration for a period not to exceed ninety days after the date of expiration.

(f) A registration may not be renewed or reinstated unless a registrant has paid all fines assessed pursuant to this chapter.

§ -21 Automatic suspensions of registration; when required. The registration of a security guard shall be automatically suspended if the guard is convicted of any crime which is substantially related to the functions, duties, and responsibilities of a security guard. The automatic suspension shall be effectuated by the mailing of a notice of conviction and suspension of license to be sent by the department to the registered guard at the registered guard's address of record. A copy of the notice shall be sent to the private patrol operator employing the guard with notice that the employer shall suspend any and all employment of the guard forthwith. The notice shall contain a statement of preliminary determination by the director or the director's designee that the crime stated is reasonably related to the functions, duties, and responsibilities of a security guard. Upon proper request by the guard, a hearing shall be convened within sixty days of the request before the director for a determination as to whether the automatic suspension shall be made permanent or whether the registration shall be revoked or the guard otherwise disciplined.

§ -22 Prerequisites to carrying firearms; training; firearms qualification card. (a) A licensee, manager of a licensee, or security guard who, in the course of employment, may be required to carry a firearm shall, prior to carrying a firearm, shall:

(1) Complete a course of training in the carrying and use of firearms; and

(2) Receive a firearms qualification card or be otherwise qualified to carry a firearm as provided in section -12;

(b) A licensee shall not permit an employee to carry or use a loaded or unloaded firearm, whether or not it is serviceable or operative, unless the employee possesses a valid and current firearms qualification card issued by the department or is so otherwise qualified to carry a firearm as provided in section -12.

(c) A pocket card issued by the department may also serve as a firearms qualification card if so indicated on the face of the card.

(d) Subsection (a)(1) shall not apply to a police officer who has successfully completed a course of study in the use of firearms.

§ -23 Issuance of firearms permit; prerequisites. The department shall issue a firearms permit when all of the following conditions are satisfied:

(1) The applicant is a licensee, a manager of a licensee, or a registered uniformed security guard;

(2) A certified firearms training instructor has certified that the applicant has successfully completed a written examination prepared by the department and training course in the carrying and use of firearms approved by the department;

(3) The applicant has filed with the department a classifiable fingerprint card, a completed application for a firearms permit on a form prescribed by the director, dated and signed by the applicant, certifying under penalty of perjury that the information in the application is true and correct;

(4) The department has determined, after investigation, that the carrying and use of a firearm by the applicant, in the course of the applicant's duties, presents no apparent threat to the public safety, or that the carrying and use of a firearm by the applicant is not in violation of the penal code;

(5) The applicant has produced evidence to the firearm training facility that the applicant is a citizen of the United States or has permanent legal alien status in the United States. Evidence of citizenship or permanent legal alien status shall be that deemed sufficient by the department to ensure compliance with federal laws prohibiting possession of firearms by persons unlawfully in the United States and may include, but not be limited to, Department of Justice, Immigration and Naturalization Service Form I-151 or I-551, Alien Registration Receipt Card, naturalization documents, or birth certificates evidencing lawful residence or status in the United States; and

(6) The application is accompanied by the application fees prescribed in this chapter.

§ -24 Issuance of firearms permit; when prohibited. (a) The department shall not issue a firearms permit if the applicant is prohibited from possessing, receiving, owning, or purchasing a firearm under chapter 134.

(b) Before issuing an initial firearm permit, the department shall provide the department of the attorney general with the name, address, social security number, and fingerprints of the applicant.

(c) The department of the attorney general shall inform the department, within sixty days from receipt of the information specified in subsection (b), of the applicant's eligibility to possess, receive, purchase, or own a firearm.

(d) An applicant who has been denied a firearm permit under subsection (a) may reapply for the permit after the prohibition expires. The department shall treat this application as an initial application and shall follow the required screening process as specified in this section.

§ -25 Renewals of firearms permit; when prohibited. (a) The department shall not renew a firearm permit if the applicant is prohibited from possessing, receiving, purchasing, or owning a firearm under chapter 134.

(b) Before renewing a firearm permit, the department shall provide the department of the attorney general with the information necessary to identify the renewal applicant. No firearm permit shall be renewed unless the application for renewal is also accompanied by a classifiable fingerprint card and the fingerprint processing fees for that card.

(c) The department of the attorney general shall inform the department, within thirty days of receipt of the information specified in subsection (b), of the renewal applicant's eligibility to possess, receive, purchase, or own a firearm.

(d) An applicant who is denied a firearm permit renewal under subsection (a) may reapply for the permit after the prohibition expires. The department shall treat this as an initial application and shall follow the screening process specified in section -24.

§ -26 Department to reimburse attorney general for firearms information. (a) The department of the attorney general may charge the department a fee sufficient to reimburse the department of the attorney general's costs for furnishing firearm eligibility information upon submission of the application for issuance or renewal of a firearm permit. The fee charged shall not exceed the actual costs for system development, maintenance, and processing necessary to provide this service.

(b) The department shall collect the fee for all initial and renewal applications for firearm permits.

§ -27 Firearms permit; when automatically revoked. A firearm permit shall be automatically revoked if at any time the department of the attorney general notifies the department that the holder of the firearm permit is prohibited from possessing, receiving, or purchasing a firearm. Following the automatic revocation, an administrative hearing shall be provided upon written request to the department in accordance with chapter 91.

§ -28 Application for firearm permit; abandonment. If an applicant fails to complete the application within one year after it has been filed, the application shall be considered to be abandoned. An application submitted subsequent to the abandonment of the former application shall be treated as a new application.

§ -29 Denial of firearms permit; request for review. If a firearms permit is denied, the denial of the permit shall be in writing and shall describe the basis for the denial. The denial shall inform the applicant that if the applicant desires a review to contest the denial, the review shall be requested of the director within thirty days following notice of the issuance of the denial. However, no review or hearing shall be granted to an individual who is otherwise prohibited by law from carrying a firearm.

§ -30 Issuance, replacement of firearms qualification card. The firearms qualification card, if issued, shall be mailed to the applicant at the address which appears on the application. In the event of the loss or destruction of the card, the cardholder may apply to the department for a certified replacement of the card, stating the circumstances surrounding the loss, and pay a $10 certification fee, whereupon the department shall issue a certified replacement of the card.

§ -31 Concealment of firearm prohibited. A firearms qualification card does not authorize the holder thereof to carry a pistol, revolver, or other firearm capable of being concealed on the person.

§ -32 Renewals of firearms qualification card. (a) A firearms qualification card expires two years from the date of issuance, if not renewed. A person who wishes to renew a firearms qualification card shall file an application for renewal at least sixty days prior to the card's expiration. A person whose card has expired shall not carry a firearm until the person has been issued a renewal card by the department.

(b) The department shall not renew a firearms qualification card unless all of the following conditions are satisfied:

(1) The cardholder has filed with the department a completed application for renewal of a firearms qualification card, on a form prescribed by the director, dated and signed by the applicant under penalty of perjury certifying that the information on the application is true and correct;

(2) The applicant has requalified on the range and has successfully passed a written examination based on course content as specified in the firearms training manual approved by the department and taught at a training facility approved by the department;

(3) The application is accompanied by a firearms requalification fee as prescribed in this chapter; and

(4) The applicant has produced evidence to the firearm training facility, either upon receiving the applicant's original qualification card or upon filing for renewal of that card, that the applicant is a citizen of the United States or has permanent legal alien status in the United States. Evidence of citizenship or permanent legal alien status is that deemed sufficient by the department to ensure compliance with federal laws prohibiting possession of firearms by persons unlawfully in the United States and may include, but not be limited to, Department of Justice, Immigration and Naturalization Service Form I-151 or I-551, Alien Registration Receipt Card, naturalization documents, or birth certificates evidencing lawful residence or status in the United States.

(c) An expired firearms qualification card may not be renewed. A person with an expired registration is required to apply for a new firearms qualification in the manner required of persons not previously registered. A person whose card has expired shall not carry a firearm until he or she has been issued a new firearms qualification card by the department.

§ -33 Carrying a baton; qualification required under part II. (a) Any licensee, manager, or a registered uniformed security guard who wishes to carry a baton in the performance of the person's duties, shall qualify to carry the weapon pursuant to part II.

(b) Subsection (a) shall not apply to a police officer who has successfully completed a course of study in the use of batons.

§ -34 Carrying a baton; duty of licensee. A licensee shall not permit any employee to carry a baton prior to ascertaining that the employee is proficient in the use of the weapon. Evidence of proficiency shall include a certificate from a baton training facility approved by the department, which certifies that the employee is proficient in the use of the baton.

§ -35 Carrying tear gas; course training. Every licensee, manager, or a registered uniformed security guard, who in the course of the person's employment carries tear gas or any other nonlethal chemical agent, shall complete any course required by the employer.

§ -36 Carrying tear gas; proficiency in use. A licensee shall not permit any employee to carry tear gas or any other nonlethal chemical agent prior to ascertaining that the employee is proficient in the use of tear gas or other nonlethal chemical agent. Evidence of proficiency shall include a certificate from a training facility approved by the department that the person is proficient in the use of tear gas or any other nonlethal chemical agent.

§ -37 Assessment of fines; other prohibited acts. The director may assess fines. Assessment of administrative fines shall be independent of any other action by the director or any local, state, or federal governmental agency that may result from a violation of this chapter. In addition to other prohibited acts under this chapter, no licensee, qualified manager, or registered security guard shall, during the course and scope of licensed activity, do any of the following:

(1) Carry any inoperable, replica, or other simulated firearm;

(2) Use a firearm in violation of the law, or in knowing violation of the standards for the carrying and usage of firearms as taught in the course of training in the carrying and use of firearms;

(3) Illegally use, carry, or possess a dangerous weapon;

(4) Brandish a weapon;

(5) Draw a weapon without proper cause;

(6) Provoke a shooting incident without cause;

(7) Carry or using a firearm while on duty while under the influence of alcohol or dangerous drugs;

(8) Carry or use a firearm of a caliber for which a firearms permit has not been issued by the department;

(9) Carry or use a baton in the performance of one's duties, unless one is in one's possession a valid baton certificate issued pursuant to section 7585.14;

(10) Carry or use tear gas or any other nonlethal chemical agent in the performance of one's duties unless one has in one's possession proof of completion of a course in the carrying and use of tear gas or any other nonlethal chemical agent;

(11) Carry a concealed pistol, revolver, or other firearm capable of being concealed upon the person unless one of the following circumstances applies:

(A) The person has been issued a permit to carry a pistol, revolver, or other firearm capable of being concealed upon the person in a concealed manner by a local law enforcement agency;

(B) The person is employed as a guard or messenger of a common carrier, bank, or other financial institution and the person carries the weapon while actually employed in and about the shipment, transportation, or delivery of any money, treasure, bullion, bonds, or other thing of value within this State;

(D) The person is a duly appointed police officer who is authorized to carry a concealed firearm in the course and scope of the person's employment.

§ -38 Uniforms and insignias; distinguishable from law enforcement. The counties may regulate the uniforms and insignias worn by uniformed employees of a private patrol operator and vehicles used by a private patrol operator to make the uniforms and vehicles clearly distinguishable from the uniforms worn by, and the vehicles used by, local regular law enforcement officers.

§ -39 Insurance policy; required. No private patrol operator who employs a security guard who carries a firearm as part of the security guard's duties shall engage in any of the practices for which the private patrol operator is required to be licensed by this chapter, unless the private patrol operator maintains an insurance policy as defined in section -40.

§ -40 Insurance policy; defined. "Insurance policy," as used in this chapter, means a contract of liability insurance issued by an insurance company authorized to transact business in this State which provides minimum limits of insurance of $500,000 for any one loss due to bodily injury or death and $500,000 for any one loss due to injury or destruction of property.

§ -41 Insurance policy; proof. Proof that a licensee maintains an insurance policy as required by this chapter shall be provided by the licensee to the department upon demand.

§ -42 Insurance policy; failure to maintain. The failure of a private patrol operator to maintain an insurance policy as required by this chapter shall constitute grounds for the suspension of the private patrol operator's license.

§ -43 Guarding school property; requirements. (a) Every security guard working on the property of a public school or community college pursuant to a contract with a private licensed security agency who works more than twenty hours per week, shall complete a course of training developed by the department.

(b) No security guard required to register pursuant to this chapter who completes the course of training specified in subsection (a) shall be hired on contract to work or shall continue to work as a school security officer on the property of a public school or community college school unless both of the following conditions are met:

(1) (A) The applicant or contracted employee has submitted two copies of the applicant's fingerprints on forms or electronically to the department. The department shall submit the fingerprints to the department of the attorney general, which shall submit one copy of the fingerprints to the United States Federal Bureau of Investigation.

(B) An applicant or contracted employee who holds a permanent registration with the department as a security guard need only submit one copy of the fingerprints, which copy shall be submitted to the United States Federal Bureau of Investigation.

(C) An applicant or contracted employee who is registered by the department, and who holds a firearms qualification card as specified in section -22, is exempt from the requirements of this subsection.

(2) The applicant or contracted employee has been determined not to be prohibited from employment by a public school or legally prohibited from employment by a community college, and had been determined by the department of the attorney general not to be a person prohibited from possessing a firearm if the applicant is required to carry a firearm.

The department of the attorney general may participate in the National Instant Criminal Background Check System in lieu of submitting fingerprints to the United States Federal Bureau of Investigation in order to meet the requirements of this subdivision relating to firearms.

(c) For the purposes of this section, "security guard" means any person primarily employed or assigned to provide security services as a watchperson, security guard, or patrolperson on or about premises operated by a school to protect persons or property, to prevent the theft or unlawful taking of school property of any kind, or to report any unlawful activity to local law enforcement agencies.

§ -44 Unfair labor practices defined; prohibited. (a) It shall be an unfair labor practice for a private patrol operator to discharge, demote, threaten, or in any manner discriminate against an employee in the terms and conditions of the private patrol operator's employment, for disclosing information or causing information to be disclosed, to a government or law enforcement agency, when the information is related to conduct proscribed in this chapter.

A private patrol operator who intentionally violates this subsection shall be liable in an action for damages brought against the private patrol operator by the injured party.

(b) A person who believes that the person has been discharged, demoted, threatened, or in any other manner discriminated against in the terms and conditions of the person's employment, because that person disclosed or caused information to be disclosed to a government or law enforcement agency, may bring a claim against the private patrol operator within three years of the date of the discharge, demotion, threat, or discrimination.

§ -45 Firearms qualification card; course of training. The course of training in the carrying and usage of firearms, the satisfactory completion of which shall be required of applicants who wish to obtain a firearms qualification card, shall be in the format prescribed by the department's "firearms training manual." The course of training contained in the manual shall include, but not be limited to, the following:

(1) Moral and legal aspects of firearms usage;

(2) Firearms nomenclature and maintenance;

(3) Weapon handling and shooting fundamentals;

(4) Emergency procedures;

(5) Prequalification range training, including the firing of practice rounds;

(6) Qualification course of fire; and

(7) Examination which has been provided by the bureau of the subject matter taught.

PART II. FIREARMS AND BATON TRAINING FACILITIES

§ -46 Firearms course; defined; other definitions. For purposes of this article:

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

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

"Firearms course" means the firearms training course as outlined in section -45.

§ -47 Firearms requalification course. The firearms requalification course shall consist of the successful completion of a firearms requalification course approved by the department.

§ -48 Firearms training facility; certification required. (a) Any institution, firm, or individual wishing the approval of the department to offer the firearms course shall complete an application for certification as a firearms training facility. The application shall be in a form prescribed by the director and shall include, but not be limited to, the following information:

(1) The name, business address, and telephone number of the institution, firm, or individual;

(2) A detailed description of the places, days, and times the course will be offered;

(3) An estimate of the minimum and maximum class size;

(4) The location and description of the range facilities; and

(5) The name or names of the firearms training instructors who will teach the course who have been certified by the department, and their certificate numbers, if available.

(b) The application shall be accompanied by the fee prescribed in this chapter.

§ -49 Firearms training facility; issuance of certificate. Upon approval by the department of a firearms training facility, the director shall issue to the facility a "firearms training facility certificate." The certificate shall be valid only when the firearms training facility has in its employ a firearms training instructor who has been certified by the department. The certificate shall be posted in a conspicuous place at the facility.

§ -50 Firearms training instructor; certification required. (a) Any individual who desires certification by the department to instruct a firearms course shall complete an application for a firearms training instructor certificate. An application shall be made on a form provided by the department.

(b) An applicant for a firearms training instructor certificate shall meet the following minimum qualifications:

(1) Possess an associate of arts degree in the administration of justice or one year of teaching or training experience in firearms or the equivalent thereof; and

(2) Possess a police or security firearms instructor training certificate issued by the National Rifle Association or a firearms instructor training certificate issued by a federal, state, or local agency.

(d) Upon approval of an applicant for certification as a firearms training instructor, the director shall issue to the applicant a "firearms training instructor certificate." The certificate shall be posted at the training site.

§ -51 Firearms training manual; range instruction. (a) All firearms course material provided to the certificate holder in the "firearms training manual" issued by the department shall be covered in each class session. Any course textbook or manual developed to be used by a firearm training facility as a course in the carrying and usage of firearms shall include the aspects of employee restraint and defensive missions of security guards in addition to following the format delineated in the department's "firearms training manual" and shall be examined and approved by the department prior to use. Once the department has approved the textbooks or manuals, all firearm training facilities shall be required to instruct in accordance with one of the textbooks or manuals. In no event shall the class instruction total less than eight hours for the initial firearms qualification.

The range instruction for the initial firearms qualification shall not exceed eight hours and shall cover the following subjects:

(1) Range safety and procedure;

(2) Demonstration and dry firing;

(3) Practice rounds; and

(4) Qualification firing.

(b) If a person fails to successfully complete the range instruction, that person may, at the discretion of the firearms training facility, continue range instruction for an additional eight hours. However, the person shall, in order to receive a firearms qualification card, be required to successfully pass the range instruction within thirty days of the passage of the classroom instruction.

(c) Prior to range instruction a person shall participate in the classroom instruction and pass a departmentally developed examination of the subject matter with a minimum score of eighty-five per cent. If a person fails to pass the written examination, the person shall once more participate in the entire classroom instruction prior to retaking the examination. In no event shall a firearm instructor review the examination question by question with a person, allow a person to review the examination questions and answers, or in any manner assist a person with the examination.

§ -52 Firearms training facility; retention of student records. (a) Each firearms training facility shall be required to retain for two years the following information regarding each student:

(1) The student's name;

(2) The date of course completion;

(3) Any information regarding the passage or failure of the firearms training course;

(4) The instructor's name;

(5) The make and caliber of the qualifying weapon;

(6) The range scores; and

(7) The written examination scores.

(b) Records shall be made available for examination by the department on demand.

(c) Each firearm training facility shall have a written procedure for the security of the written examination which shall be made available for inspection by the department on demand.

§ -53 Firearms training facility; documentation of student's citizenship. (a) Each firearm training facility shall, prior to allowing any person to participate in the course of training in the carrying and usage of firearms, verify and certify on the firearms qualification application that they have seen documentation verifying that the person to whom they are providing firearms training is a citizen of the United States or possesses permanent legal alien status in the United States in accordance with section -23.

(b) Each firearm training facility shall, prior to allowing any person to participate in the requalification course in the carrying and usage of firearms, verify and certify on the firearm requalification application that they have seen documentation verifying that the person to whom they are providing firearms training is a citizen of the United States or possesses permanent legal alien status in the United States in accordance with section -32.

§ -54 Baton permit; training required. The course of training in the carrying and usage of the baton, the satisfactory completion of which shall be required of applicants who wish to obtain a baton permit, shall be in the format prescribed by the department's "baton training manual." The course of training contained in the manual shall include, but not be limited to, the following subjects:

(1) Moral and legal aspects of baton usage;

(2) Use of force;

(3) Baton familiarization and uses;

(4) First aid for baton injuries;

(5) Fundamentals of baton handling, including:

(A) Stances and grips;

(B) Target areas;

(D) Control techniques; and

(E) Arrest and control techniques; and

(6) Examination of the subject matter as taught in the classroom and as provided by the department.

§ -55 Baton course; defined. For purposes of this part, "a baton course" means the baton training course as outlined in section -54.

§ -56 Baton training facility; certification required. (a) Any institution, firm, or individual wishing approval of the department to offer the baton course shall complete an application for certification as a baton training facility. The application shall be in a form prescribed by the director and shall include, but not be limited to, all of the following information:

(1) The name, business address, and telephone number of the institution, firm or individual;

(2) A detailed description of the places, days, and times the course will be offered;

(3) An estimate of the minimum and maximum class size;

(4) Location and description of the facilities; and

(5) The name or names of the baton instructors who will teach the course who have been certified by the department, and their certificate numbers if available.

(b) The application shall be accompanied by a fee prescribed by the director.

(c) No approval shall be given, and no certification shall be issued, to a baton training facility until a baton training instructor who has been certified by the director has been approved to teach the course.

(d) Upon approval by the director of a baton training facility, the director shall issue to the facility a "baton training facility certificate." The certificate is valid only when the baton training facility has in its employ a baton training instructor who has been certified by the department. The certificate shall be posted in a conspicuous place at the facility.

§ -57 Baton training instructor; certification required. (a) Any individual who desires certification by the director to instruct the baton course shall complete an application for a baton training instructor certificate. An application shall be made on a form provided by the department.

An applicant for a baton training instructor certificate shall meet the following minimum qualifications:

(1) Possess an associate of arts degree in the administration of justice or the equivalent thereof; and

(2) Possess a baton instructor certificate issued by a federal, state, or local agency or one year of verifiable baton teaching or training experience or the equivalent thereof to be determined by the director.

(b) The application shall be accompanied by a fee prescribed by the director.

(c) Upon approval by the department of an applicant for certification as a baton training instructor, the director shall issue to the applicant a "baton training instructor certificate." The certificate shall be posted at the baton training site.

§ -58 Baton training manual. All baton course material provided to the certificate holder in the "baton training manual" issued by the department shall be covered in each class session. In no event shall the class instruction for the course required for baton certification total less than eight hours.

§ -59 Baton training facility; issuance of baton permit. (a) A baton training facility shall issue a departmentally developed baton permit to any person who successfully completes a baton training course as described in section -54 and possesses a valid security guard registration card issued pursuant to part I or who has made application for that registration card. The permit is valid only when the holder possesses a valid guard registration card.

(b) The department shall issue baton permits to a baton training facility, in good standing, upon request and upon payment of the fees as adopted by the director.

(c) Each baton training facility shall submit to the department, on forms as prescribed by the director, no later than five working days following the issuance of a permit for each person, the name, address, registration or license number, date of birth, and baton permit number of each person issued a permit.

§ -60 Baton training facility; retention of student records. (a) Each baton training facility shall be required to retain for two years the following information regarding each student:

(1) The student's name;

(2) The date of course completion;

(3) Any information regarding the passage or failure of the baton training course;

(4) The instructor's name; and

(5) Written examination scores.

(b) Records shall be made available for examination by the department on demand.

(c) Each baton training facility shall have a written procedure for the security of the examinations and the baton certificates which shall be made available for inspection by the department on demand.

§ -61 Baton permit; replacement permits. In the event of the loss, theft, or destruction of a baton permit, a permitholder may request the department to issue a replacement permit. The request shall be in writing, shall state the circumstances surrounding the loss, theft, or destruction of the permit and the name of the instructor, training facility, and date of instruction relating to the issuance of the original baton permit.

The request shall be accompanied by a $5 replacement fee. The department may issue a replacement baton permit upon verification of successful baton training.

§ -62 Employment of training instructor; notification required. Each firearms training facility or baton training facility shall notify the department within five working days whenever any training instructor certified by the department is employed or ceases to be employed with the training facility.

§ -63 Student posing undue hazard; report required. Each firearms training facility, firearms training instructor, baton training facility, or baton training instructor shall report to the department the name of any person who, while taking the course, demonstrated that the carrying and usage of a firearm or the carrying and usage of a baton by that person would present an undue hazard to the safety of the public. The report shall contain the name and address of the student, the name of the student's employer, if available, and the reasons or specific incident which caused the certificate holder to make the report. All substantiating documents, including, but not limited to, an affidavit from the instructor regarding the incident, or reasons, shall be included in the report.

§ -64 Certificates; cancellation; grounds. The director may refuse to issue or may cancel a previously issued firearms training facility certificate, firearms training instructor certificate, baton training facility certificate, or baton training instructor certificate, or may assess fines, on the grounds that one or more instructors have done any of the following:

(1) Failed to maintain the records required by sections -52 or -60;

(2) Failed to submit the records to the department as required by section -59;

(3) Given inaccurate instructions regarding the laws of the State and the rules of the department, including, but not limited to, the necessity of an individual to possess a valid firearms qualification card issued by the department prior to carrying any firearm; or the necessity of an individual to possess a valid baton permit issued by the department prior to carrying any baton;

(4) Used improper caution while instructing students, so as to endanger the safety of students;

(5) Failed to instruct completely in accordance with the department's "firearms training manual" as required by section -51;

(6) Failed to instruct completely in accordance with the department's "baton training manual" as required by section -54;

(7) Allowed a noncertified instructor to teach any portion of the firearms course, including range qualification. This does not include range coaches employed to assist the instructor;

(8) Allowed a noncertified instructor to teach any portion of the baton course;

(9) Falsified any application for registration, firearms qualification card, firearms requalification permit, or baton certificate;

(10) Failed to inform the department of any range or classroom incident as required by section -63;

(11) Failed to notify the department of any change of employment pursuant to section -62; or

(12) Made any false statement of fact required to be revealed in the application for certification as a firearms training facility or as a firearms training instructor.

§ -65 Renewal of certificates. (a) A firearms training facility certificate, a firearms training instructor certificate, a baton training facility certificate, or a baton training instructor certificate shall be placed on a cyclical renewal and shall expire two years following the date of issuance or assigned renewal date. To renew an unexpired certificate, the certificate holder shall apply for renewal on a form prescribed by the director and pay the renewal fee prescribed by this chapter.

(b) If renewal is granted, evidence of renewal of the certificate that the director may prescribe shall be issued to the certificate holder.

(c) In the event the certificate holder fails to renew the training facility certificate, the certificate shall be automatically canceled, but may be reinstated within three years of the date of cancellation upon application for reinstatement and upon the payment of the reinstatement fee provided by this chapter. In the event the certificate holder fails to renew the training instructor certificate, the certificate shall be automatically canceled, but may be reinstated within thirty days of the date of cancellation upon application for reinstatement and upon the payment of the reinstatement fee provided by this chapter. Reinstatement of a canceled certificate shall not prohibit the bringing of disciplinary proceedings for any act committed in violation of this chapter during the period the certificate is canceled.

(d) A firearms training facility, a firearms training instructor, a baton training facility, or a baton training instructor whose certificate has not been renewed may obtain a new license only upon compliance with all of the provisions of this article relating to the issuance of an original certificate.

(e) A firearms training facility, firearms training instructor, baton training facility, or a baton training instructor certificate shall not be renewed until any and all fines assessed pursuant to section -52 and not resolved in accordance with that section have been paid."

SECTION 2. Section 463-1, Hawaii Revised Statutes, is amended by deleting the definitions of "guard", "guard agency", and "principal guard".

[""Guard" means a licensed uniformed or nonuniformed person responsible for the safekeeping of a client's properties and persons within contractually prescribed boundaries, and for observation and reporting relative to such safekeeping.

~~"Guard agency" means a licensed firm engaged in the guard business.~~

~~"Principal guard" means a licensed guard designated as the guard agency's primary licensee who is fully responsible for the direct management and control of the agency and the agency's employees.~~"]

SECTION 3. Chapter 463, Hawaii Revised Statutes, is amended by amending its title to read as follows:

"PRIVATE INVESTIGATORS [~~AND GUARDS~~]"

SECTION 4. Section 463-1, Hawaii Revised Statutes, is amended by amending the definition of "board" to read as follows:

""Board" means the board of private detectives [~~and guards~~] described in section 463-2."

SECTION 5. Section 463-2, Hawaii Revised Statutes, is amended to read as follows:

"§463-2 Board of private detectives [~~and guards~~]; appointment; qualifications; term. Appointment and removal. There shall be a board of detectives [~~and guards~~] consisting of seven members, six of whom shall be nominated, and by and with the advice and consent of the senate, appointed by the governor. The terms of the members shall be for four years. Each term shall commence on July 1 and expire on June 30. No person shall be appointed consecutively to more than two terms, provided that membership shall not exceed eight consecutive years. The director of commerce and consumer affairs shall be an ex officio nonvoting seventh member of the board and may designate a representative to sit in the director's stead.

Of the six appointed members, two shall be chiefs of police of any of the four counties, two shall be private citizens not engaged in [~~any of the licensed practices,~~] the licensed practice, and two shall be persons actively engaged in [~~any of the licensed practices;~~] the licensed practice; provided that one person shall be a licensed private detective [~~and one person shall be a licensed guard~~]."

SECTION 6. Section 463-3, Hawaii Revised Statutes, is amended to read as follows:

"§463-3 Policy; powers and duties. It is the policy of this State to protect the general public from unlawful and unethical conduct and operation of the business of private detectives [~~and guards~~]. In addition to any other powers and duties authorized by law, the board may adopt, amend, or repeal rules, which shall have the force and effect of law, relating to qualifications for licensing of private detectives [~~and guards~~], to the conduct and operation of the businesses of such license, and to the denial, renewal, reactivation, revocation, or suspension for cause of such licenses. The board shall consult with appropriate state and federal agencies and any appropriate industry or trade organization in establishing those rules. The rules so established shall be on the basis of what the board deems best suited to the public interest. The board also shall examine applicants for private detective [~~or guard~~] licenses, grant licenses, and revoke or suspend licenses of licensees who violate this chapter."

SECTION 7. Section 463-10, Hawaii Revised Statutes, is amended as follows:

1. By amending subsection (a) to read:

"(a) The license shall state the name and address of the principal office or place of business of the licensee, the name under which the licensed business is to be conducted, and the name of the principal detective [~~or principal guard~~], if the licensee is a detective agency [~~or guard agency~~]."

2. By amending subsection (d) to read:

"(d) Upon written request by a licensee, the board may place that licensee's active license on an inactive status. The licensee, upon payment of the inactive license fee, may continue on inactive status for the biennial period. A licensee may renew an inactive license upon notification to the board. The failure, neglect, or refusal of any licensee on inactive status to pay the inactive license fee shall result in the automatic forfeiture of the licensee's license. While on inactive status, a licensee shall not be engaged in the practice of a private detective[~~, guard,~~] or agency. Any person who violates this prohibition shall be subject to discipline under this chapter and the board's rules. The license may be reactivated at any time by filing an application for reactivation with the board and:

(1) Fulfilling all requirements established by the board, including the payment of the appropriate fees the licensee would have paid had the licensee continued to maintain the license on an active status; and

(2) Providing any information regarding any arrest or conviction of any crime that reflects unfavorably on the fitness of the licensee to engage in the profession, and information that the licensee, while on inactive status, has suffered a psychiatric or psychological disorder that is directly related and detrimental to the licensee's performance in the profession.

The board may deny an application for reactivation as provided in its rules."

SECTION 8. Section 463-14, Hawaii Revised Statutes, is amended to read as follows:

"§463-14 Contingent fee. Compensation for services of detectives [~~or guards~~] shall not be based upon promissory notes or property other than that allegedly stolen which have been obtained from suspects or others in their behalf as restitution."

SECTION 9. Section 463-15, Hawaii Revised Statutes, is amended to read as follows:

"§463-15 Penalties. Any employee or former employee of a licensee who divulges any information gained by the employee or former employee in the course of such employment except as the employee's or former employee's employer directs or as required by law, or who wilfully makes a false report to the employee's or former employee's employer, shall be fined not more than $100 or imprisoned not more than six months, or both. Any person who violates any other provision of this chapter or any rule or regulation adopted by the board of detectives [~~and guards~~] under this chapter shall be fined not more than $500 or imprisoned not more than one year, or both."

SECTION 10. Section 463-7, Hawaii Revised Statutes, is repealed.

["~~§463-7 Guard and guard agencies; license required.~~ (a) No individual shall engage in the business of guard for the purpose of protecting persons or property or to prevent theft or unlawful taking of goods, wares, merchandise, money, bonds, documents, or other articles of value for hire or reward or represent oneself to be, or hold oneself out as such without first obtaining a license as guard from the board and paying the application and license fees.

(b) No firm shall engage in the business of guard for the purpose of protecting persons or property or to prevent theft or unlawful taking of goods, wares, merchandise, money, bonds, documents, or other articles of value for hire or reward or represent itself to be, hold itself out as, list itself as, or advertise as a guard agency without first obtaining a license as a guard agency from the board and paying the application and license fees. A guard agency shall have in its employ at least one principal guard who shall be fully responsible for the direct management and control of the guard agency and the agency's employees when guard services are being provided."]

SECTION 11. Section 463-8, Hawaii Revised Statutes, is repealed.

["~~§463-8 Guards and guard agencies; qualifications for license.~~ (a) The board may grant a guard license to any suitable individual, or a guard agency license to any suitable firm making written application therefor. The applicant, if an individual, or the principal guard of a firm shall:

~~(1)~~ ~~Be not less than eighteen years of age;~~

~~(2)~~ ~~Have had a high school education or its equivalent;~~

~~(3)~~ ~~Have had experience reasonably equivalent to at least four years of full-time guard work;~~

~~(4)~~ ~~Not be presently suffering from any psychiatric or psychological disorder which is directly related and detrimental to a person's performance in the profession;~~

~~(5)~~ Not have been convicted in any jurisdiction of a crime which reflects unfavorably on the fitness of the applicant to engage in the profession, unless the conviction has been annulled or expunged by court order; and

~~(6)~~ ~~Possess a history of honesty, truthfulness, financial integrity, and fair dealing.~~

A firm applying for a guard agency license shall have in its employ an individual who is licensed as a guard and who shall be designated as the principal guard for the firm, and shall provide a bond as required under section 463-12.

(b) A guard agency may employ as many agents, operatives, and assistants in a guard capacity and as necessary for the conduct of business; provided that the principal guard shall be held responsible for, and have direct management and control of, the agency and the agency's employees while they are acting within the scope and purpose of the guard agency's business. These employees shall not be required to have guard licenses, and shall:

~~(1)~~ ~~Have had an eighth grade education or its equivalent;~~

~~(2)~~ ~~Not be presently suffering from any psychiatric or psychological disorder which is directly related and detrimental to a person's performance in the profession;~~

~~(3)~~ Not have been convicted in any jurisdiction of a crime which reflects unfavorably on the fitness of the employee to engage in the profession, unless the conviction has been annulled or expunged by court order; and

~~(4)~~ ~~Be registered with the board upon employment with the agency.~~

The employer, with the written authorization of the employee, shall conduct a criminal history records check of all new employees employed in a guard capacity directly through the Hawaii criminal justice data center upon certification to the board that the signature on the authorization is authentic."]

SECTION 12. All officers and employees whose functions are transferred by this Act shall be transferred with their functions and shall continue to perform their regular duties upon their transfer, subject to the state personnel laws and this Act.

No officer or employee of the State having tenure shall suffer any loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefit or privilege as a consequence of this Act, and such officer or employee may be transferred or appointed to a civil service position without the necessity of examination; provided that the officer or employee possesses the minimum qualifications for the position to which transferred or appointed; and provided that subsequent changes in status may be made pursuant to applicable civil service and compensation laws.

An officer or employee of the State who does not have tenure and who may be transferred or appointed to a civil service position as a consequence of this Act shall become a civil service employee without the loss of salary, seniority, prior service credit, vacation, sick leave, or other employee benefits or privileges and without the necessity of examination; provided that such officer or employee possesses the minimum qualifications for the position to which transferred or appointed.

If an office or position held by an officer or employee having tenure is abolished, the officer or employee shall not thereby be separated from public employment, but shall remain in the employment of the State with the same pay and classification and shall be transferred to some other office or position for which the officer or employee is eligible under the personnel laws of the State as determined by the head of the department or the governor.

SECTION 13. All appropriations, records, equipment, machines, files, supplies, contracts, books, papers, documents, maps, and other personal property heretofore made, used, acquired, or held by the board of private detectives and guards relating to the functions transferred to the department of commerce and consumer affairs shall be transferred with the functions to which they relate.

SECTION 14. All rules, policies, procedures, guidelines, and other material adopted or developed by the board of private detectives and guards to implement provisions of the Hawaii Revised Statutes which are made applicable to the department of commerce and consumer affairs by this Act, shall remain in full force and effect until amended or repealed by the board of private detectives and guards pursuant to chapter 91, Hawaii Revised Statutes. In the interim, every reference to the board of private detectives and guards or chairperson of the board of private detectives and guards in those rules, policies, procedures, guidelines, and other material is amended to refer to the department of commerce and consumer affairs as appropriate.

SECTION 15. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2008-2009 for the purposes of this Act.

The sum appropriated shall be expended by the department of commerce and consumer affairs for the purposes of this Act.

SECTION 16. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 17. This Act shall take effect on July 1, 2009.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	3346
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII