SB2899

SECTION 1. Chapter 463, Hawaii Revised Statutes, is amended by adding six new sections to be appropriately designated and to read as follows:

"§463-A Investigation of applicants. (a) Applications for licenses as a guard, agent, operative, or assistant in a guard capacity required under this chapter shall be filed with the board on a form provided by the board. The board may require any information and documentation that reasonably relates to the need to determine whether the applicant meets the criteria.

(b) After receipt of an application for a license, the board shall conduct an investigation to determine whether the facts set forth in the application are true and shall request that the attorney general conduct a background check on the applicant.

(c) The board shall solicit comments from the chiefs of police of the counties in which the applicant's employer is located on issuance of a guard license.

§463-B Drug testing requirements for prospective guards; suitability for employment. All applicants for a license as a guard, agent, operative, or assistant in a guard capacity shall demonstrate their suitability for employment by:

(1) Passing a pre-employment controlled substance drug test sponsored by the board; and

(2) Attesting that during the three-year period immediately preceding the date of application for employment, the person was not convicted of any controlled substance-related offense.

If an applicant fails to meet these suitability requirements, the applicant shall be disqualified from further consideration for licensure under this chapter.

§463-C Training requirements for guards. (a) All guards, agents, operatives, and assistants in a guard capacity shall complete at least eight hours of preassignment training, comprised of at least four hours of classroom instruction and an additional four hours of classroom instruction or individual instruction, or both. The preassignment training may be waived for any individual who was most recently employed full time as a sworn police officer not more than five years prior to applying to become licensed as a guard, agent, operative, or assistant in a guard capacity, and who passes the examination typically administered to applicants at the conclusion of the preassignment training.

(b) All guards, agents, operatives, and assistants in a guard capacity shall complete at least eight hours of initial postassignment training. The initial postassignment training shall be in the topic areas established by the board and may be classroom instruction or individual instruction, or both.

(c) Following completion of the preassignment and postassignment training, at least four total hours of annual refresher training shall be administered to guards, agents, operatives, and assistants in a guard capacity each subsequent year. No more than one hour per year of annual refresher training may focus directly on customer service-related skills or topics and the remaining three hours per year of annual refresher training must focus on emergency response concepts, skills, or topics including but not limited to knowledge of site post orders or life safety.

(d) Firms shall maintain records regarding the training hours completed by each employee. All such records shall be subject to inspection by the department. The training requirements and test results shall be recorded and attested to by a department-certified trainer. Training records shall contain a description of the topics covered, the name and signature of the trainer, and the name and signature of the guard, agent, operative, or assistant in a guard capacity.

§463-D Unprofessional conduct. The following conduct, acts, or conditions shall constitute unprofessional conduct for all guards, agents, operatives, and assistants in a guard capacity:

(1) Knowingly violating any of the provisions of this chapter or the rules adopted under this chapter;

(2) Practicing fraud, deceit, or misrepresentation in any of the security activities covered by this chapter;

(3) Knowingly making a material misstatement or omission in the application for a firearms certificate;

(4) Not meeting the qualifications set forth in this chapter;

(5) Failing to return immediately on demand a firearm issued by an employer;

(6) Carrying a firearm in the performance of duties if not the holder of a valid license, or carrying a firearm not meeting the provisions of this chapter while in the performance of duties;

(7) Failing to return immediately on demand any uniform, badge, or other item of equipment issued by an employer;

(8) Making any statement that would reasonably cause another person to believe that the person is a sworn police officer;

(9) Testing positive for any controlled substance other than one prescribed for use by the license holder or applicant by a physician licensed to practice under chapter 453 or 460;

(10) Divulging confidential information that may compromise the security of any premises, or valuables shipment, or any activity of a client to which the person was assigned; or

(11) Assigning or transferring any license issued pursuant to this chapter.

§463-E Unprofessional conduct or inability to practice; penalties. Upon a finding that a license holder or applicant has committed unprofessional conduct or is unable to practice with reasonable skill and safety due to a physical or mental condition, the board may issue an order providing for one or any combination of the following:

(1) Revocation of the license;

(2) Suspension of the license for a fixed or indefinite term;

(3) Restriction or limitation of the practice;

(4) Requiring the satisfactory completion of a specific program of remedial education or treatment;

(5) Monitoring of the practice by a supervisor approved by the director;

(6) Censure or reprimand;

(7) Compliance with conditions of probation for a designated period of time;

(8) Withholding a license request;

(9) Other corrective action;

(10) Refund of fees billed to and collected from the consumer; or

(11) The assessment of administrative penalties.

Any of the actions under this section may be totally or partly stayed by the board. All costs associated with compliance with orders issued under this section are the obligation of the license holder or applicant.

§463-F Random drug testing. All guards, agents, operatives, and assistants in a guard capacity shall be subject to drug testing whether for probable cause, on a random basis, or both."

SECTION 2. Section 463-8, Hawaii Revised Statutes, is amended to read as follows:

"§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[;], including the use of a controlled substance not prescribed by a physician licensed under chapter 453 or 460;

(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[;], including the use of a controlled substance not prescribed by a physician licensed under chapter 453 or 460;

(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 3. 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 consume affairs for the purposes of this Act.

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect on January 1, 2009.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	2899
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII