THE SENATE

S.B. NO.

1264

TWENTY-NINTH LEGISLATURE, 2017

S.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO SECURITY GUARDS.

 

 

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

 


     SECTION 1.  Section 463-10.5, Hawaii Revised Statutes, is amended as follows:

     1.  By amending subsection (a) to read:

     "(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; provided that the applicant may satisfy the requirements of this paragraph by attesting that the applicant has proof of a high school education or its equivalent;

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

     (4)  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."

     2.  By amending subsection (c) to read:

     "(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 or who has otherwise been approved by the board for on-the-job training.  Guards and individuals acting in a guard capacity shall successfully complete:

     (1)  [Eight] Four hours of classroom instruction before the first day of service[; and]; provided that for purposes of this paragraph, "classroom instruction" includes teleconferencing and other formats that may be approved by the board; and

     (2)  [Four] Effective June 30, 2018, four hours of classroom instruction [biennially thereafter;] at every other biennial license renewal period; provided that in addition to relevant guard industry material, the required classroom instruction shall include a refresher component on professional image and aloha training[.]; provided further that for purposes of this paragraph, "classroom instruction" includes but is not limited to courses that may be presented in alternate formats, such as videotape, audiotape, digital video disc, remote place viewing, online computer presentations, teleconferencing, computer self-study, and other formats that may be approved by the board."

     3.  By amending subsection (g) to read:

     "(g)  Prior to the June 30, 2016, 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] the continuing education as specified in this section and 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.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect on July 1, 2050.



 

Report Title:

Security Guards; Licensure; Registration; Renewal; Continuing Education

 

Description:

Streamlines the application and renewal process for security guards by:  allowing for self-attestation of the educational requirement; reducing the number of hours of instruction for initial licensure; reducing the frequency of the four-hour continuing education requirement to every other renewal period; and authorizing alternative formats of continuing education instruction.  Effective 7/1/2050.  (SD1)

 

 

 

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