Bill Text: HI SB2165 | 2010 | Regular Session | Amended
Bill Title: Guards and Guard Agencies; Training, Instruction, and Continuing Education
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Passed) 2010-07-07 - (S) Became law without the Governor's signature, Act 208, 7/6/2010, (Gov. Msg. No. 700). [SB2165 Detail]
Download: Hawaii-2010-SB2165-Amended.html
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THE SENATE |
S.B. NO. |
2165 |
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TWENTY-FIFTH LEGISLATURE, 2010 |
S.D. 1 |
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STATE OF HAWAII |
H.D. 1 |
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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 employee, manager, or owner of a guard agency or other qualified third party in this state if their course of study meets board-approved curricula. Course curricula shall meet the specific standards of this section and all other applicable requirements of this chapter, and shall be established by the board by January 1, 2013.
(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 hours of classroom instruction before the first day of service; and
(2) Four hours of classroom instruction annually thereafter.
(d) The content of classroom instruction required under this section shall include:
(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 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 463-13, 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 3. The board of private detectives and guards, pursuant to the authority granted to it by section 463-3, Hawaii Revised Statutes, and in accordance with chapter 91, Hawaii Revised Statutes, shall adopt rules to effectuate the provisions 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 upon its approval.
Report Title:
Guards and Guard Agencies; Training, Instruction, and Continuing Education
Description:
Establishes registration 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. (SB2165 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
