SB2165.DOC

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

"§463‑ Guards; instruction, training, testing, and continuing education required. (a) Effective July 1, 2010, all guards and all agents, operatives, and assistants employed by a guard agency in a guard capacity shall meet the instruction, training, testing, and continuing education requirements specified in this section; provided that the requirements specified under subsection (e) shall apply only to guards and individuals acting in a guard capacity who carry a firearm or other weapon while on-duty in a guard capacity.

(b) All classroom instruction required under this section shall be provided by an instructor who is approved as an instructor by the board and who is not an employee, manager, or owner of a guard agency in this State. All classroom instructors shall hold a bachelor's degree or higher in an appropriate field and possess at least three years of work experience in a relevant position as determined by the board.

(c) Guards and individuals acting in a guard capacity shall successfully complete the classroom instruction specified by this section, pass a written test, and undergo four hours of on-the-job training supervised by an individual who has successfully completed all of the requirements of this section. Guards and individuals acting in a guard capacity shall successfully complete:

(1) Eight hours of classroom instruction before the first day of employment;

(2) Eight hours of classroom instruction within the first six months of employment; and

(3) Eight hours of classroom instruction annually thereafter.

(d) The content of classroom instruction required under this section shall include, but not be limited to:

(1) State and federal law regarding the legal limitations on the actions of guards, including instruction in the law concerning arrest, search and seizure, and the use of force as these issues relate to guard work;

(2) Access control, safety, fire detection and reporting, and emergency response;

(3) Homeland security issues and procedures;

(4) When and how to notify public authorities;

(5) Techniques of observation and reporting of incidents, including how to prepare an incident report;

(6) The fundamentals of patrolling;

(7) Professional ethics; and

(8) Professional image and aloha training.

(e) Before beginning employment as a guard or in a guard capacity, in addition to the classroom instruction required by this section, guards and individuals acting in a guard capacity who carry a firearm or other weapon, including but not limited to an electric gun as defined in section 134-1, while on-duty in a guard capacity shall:

(1) Successfully complete fifteen hours of board-approved weapons instruction;

(2) Successfully complete a board-approved written test on the legal limitations of weapons use, proper handling of weapons, and weapons safety and maintenance; and

(3) Attain a minimum score of seventy per cent on a target course approved by the board.

(f) The board may enact rules pursuant to chapter 91 that require additional training, instruction, testing and continuing education for guards and agents, operatives, and assistants employed in a guard capacity."

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~~] Possess 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~~] that 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~~] that 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[.]; and

(7) Meet all training, instruction, and continuing education requirements established by this chapter and by the board.

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 may be 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~~] Possess an eighth grade education or its equivalent;

(2) Not be presently suffering from any psychiatric or psychological disorder [~~which~~] that 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~~] that 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[.]; and

(5) Meet all training, instruction, testing, and continuing education requirements established by this chapter and by the board.

(c) 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 and shall conduct a federal criminal check pursuant to subtitle E of public law 108-458, 42 U.S.C. 5119(a), et seq., upon certification to the board that the signature on the authorization is authentic.

(d) As required by the board, every individual and guard agency licensed pursuant to this chapter shall submit to the board proof of compliance with the training, instruction, testing, and continuing education requirements established by this chapter and by the board."

SECTION 3. Section 463-9, Hawaii Revised Statutes, is amended to read as follows:

"§463-9 Form of application for license. Application for a license shall be made on a form prescribed by the board which [~~may~~] shall require a statement of the applicant's full name, age, date and place of birth, residence and business address, the business or occupation the applicant has engaged in for ten years immediately preceding the date of the filing of the application with names and addresses of employers, the date and place of any arrest or conviction of a crime where there has not been any order annulling or expunging the sentence or of any offense involving moral turpitude, whether the applicant has received treatment for any psychiatric or psychological disorder, or whether the treatment has ever been recommended, proof of compliance with the training, instruction, testing, and continuing education requirements established by this chapter and by the board, and [~~such~~] any other information, including fingerprints of the applicant, [~~and such other information as~~] that the board may require to investigate the character, competency, and integrity of the applicant. The board shall conduct [~~such~~] an investigation of the applicant's background, character, competency, and integrity as it deems appropriate, and shall request, in accordance with section 846‑2.7, criminal history records of the applicant from each jurisdiction in which the application form indicates the applicant lived for any substantial period of time. The Hawaii criminal justice data center shall provide such information on request to the director of commerce and consumer affairs."

SECTION 4. Section 463-10, Hawaii Revised Statutes, is amended by amending subsections (b), (c), and (d) to read as follows:

"(b) The biennial renewal fee and compliance resolution fund fees, or the inactive license fee, shall be paid to the board on or before June 30 of each even-numbered year. These fees shall be as provided in rules adopted by the director pursuant to chapter 91. The failure, neglect, or refusal of any licensee to pay these fees [~~and~~], to submit all documents required by the board, or to provide proof of compliance with the training, instruction, testing, and continuing education requirements established by this chapter and by the board on or before June 30 of each even‑numbered year shall result in the automatic forfeiture of the licensee's license.

(c) A forfeited license may be restored upon written application within one year of the date of expiration and upon submittal of all required documents, fees, delinquent fees, and a penalty fee[.]; provided that no license shall be renewed after June 30, 2010 if the holder has not submitted proof of compliance with the training, instruction, testing, and continuing education requirements established by this chapter and by the board.

(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[.]; and

(3) Providing proof of compliance with the training, instruction, testing, and continuing education requirements established by this chapter and by the board.

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

SECTION 5. The board of private detectives and guards, pursuant to the authority granted to it by section 463-2, Hawaii Revised Statutes, and in accordance with chapter 91, Hawaii Revised Statutes, shall adopt rules to effectuate the provisions of this Act.

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect on July 1, 2010.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	2165
TWENTY-FIFTH LEGISLATURE, 2010
STATE OF HAWAII