THE SENATE

S.B. NO.

2165

TWENTY-FIFTH LEGISLATURE, 2010

S.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO PRIVATE GUARDS.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     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; registration, instruction, training, testing, and continuing education required; renewal of registration.  (a)  Effective July 1, 2013, all guards, and all agents, operatives, and assistants employed by a guard agency, private business entity, or government agency who act in a guard capacity shall apply to register with the board, and meet the following registration, instruction, and training requirements prior to acting as a guard:

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

     (2)  Possess a high school education or its equivalent; and

     (3)  Not have been convicted in any jurisdiction of a crime which reflects unfavorably on the fitness of the individual to act as a guard, unless the conviction has been annulled or expunged by court order; provided that the individual shall submit to a national criminal history record check as authorized by federal law, including but not limited to the Private Security Officer Employment Authorization Act of 2004, and specified in the rules of the board.

The board shall determine whether an individual qualifies for registration pursuant to this subsection.

     (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 service;

     (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 possess a valid permit to acquire the ownership of a firearm issued by county police pursuant to section 134-2 and shall satisfy the requirements of subsection 134-2(g).

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

     (g)  Prior to the June 30, 2014 renewal of the guard registration and every registration renewal thereafter, the applicant shall pay all required fees, and have had at least four hours of continuing education as specified in the rules of the board.

     The board may conduct a random audit, pursuant to rules adopted pursuant to chapter 91, of registrants applying for renewal of a registration to determine whether the continuing education requirements of this subsection have been met.

     The failure, neglect, or refusal of any registered guard to pay the renewal fee or meet the continuing education requirements shall constitute a forfeiture of the guard's registration.  A forfeited registration may be restored upon written application within one year from the date of forfeiture, payment of the required renewal fee plus penalty fees, and meeting the continuing education requirements in effect at the time of restoration."

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

     "§463-8  [Guards and guard] Guard agencies; [qualifications for license.] licensing; other requirements.  (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 pursuant to section 463-   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, in accordance with section 463-   and the rules of the board adopted pursuant thereto, 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.  Section 463-13, Hawaii Revised Statutes, is amended to read as follows:

     "§463-13  Exemptions.  This chapter does not apply to any person, firm, company, partnership, or corporation or any bureau or agency whose business is exclusively the furnishing of information as to the business and financial standing and credit responsibility of persons, firms, or corporations, or as to personal habits and financial responsibility, of applicants for insurance, indemnity bonds, or commercial credit, [or a person employed exclusively and regularly by one employer in connection with the affairs of such employer only and where there exists an employer-employee relationship,] or an attorney at law in performing the attorney's duties as such attorney at law."

     SECTION 4.  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 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect upon its approval.

 

 

 

Report Title:

Guards and Guard Agencies; Training, Instruction, and Continuing Education

 

Description:

Establishes licensure requirements, including training, instruction, and continuing education for guards and individuals acting in a guard capacity.  Directs the board of private detectives and guards to make rules.  (SD1)

 

 

 

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