Bill Text: HI SB1264 | 2017 | Regular Session | Amended
Bill Title: Relating To Security Guards.
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Passed) 2017-07-11 - Act 160, 07/10/2017 (Gov. Msg. No. 1261). [SB1264 Detail]
Download: Hawaii-2017-SB1264-Amended.html
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THE SENATE |
S.B. NO. |
1264 |
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TWENTY-NINTH LEGISLATURE, 2017 |
S.D. 1 |
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STATE OF HAWAII |
H.D. 2 |
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C.D. 1 |
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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, Hawaii Revised Statutes, is amended to read as follows:
"§463-10 Licenses; fees; [biennial]
renewal of licenses; inactive license. (a) The license shall state the
name and address of the principal office or place of business of the licensee,
the name under which the licensed business is to be conducted, and the name of
the principal detective or principal guard, if the licensee is a detective
agency or guard agency.
(b) [The biennial] Except as
provided in section 463-10.5, the 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 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.
(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] applicable renewal 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.
The board may deny an application for reactivation as provided in its rules.
(e) For the purposes of this chapter, the dishonoring of any check upon first deposit shall constitute a failure to meet the fee requirements."
SECTION 2. Section 463-10.5, Hawaii Revised Statutes, is amended as follows:
1. By amending subsection (a) to read:
"(a) [Effective July 1, 2013, all]
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 possesses 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[.], and a criminal history record check from
the Hawaii criminal justice data center under chapter 846.
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 hours of classroom instruction before the first day of service; and
(2) Four hours of classroom instruction [biennially
thereafter;] during the triennial registration 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[.] as approved by the board.
For purposes of this section, "classroom instruction" may include two-way teleconferencing and other interactive educational formats approved by the board."
3. By amending subsection (g) to read:
"(g) Effective June 30, 2018,
registrations issued under this section shall be valid for the three-year
triennial period, and may be renewed upon payment of the triennial renewal fee
and compliance resolution fund fee to the board on or before June 30 of each
triennial renewal term. Prior to the June 30, [2016,] 2021,
triennial 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 this section and in the
rules of the board. A guard who has registered with the board within one
year prior to the applicable renewal date shall not be required to take the
four hours of classroom instruction to renew the guard registration.
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 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect on July 1, 2017.
Report Title:
Security Guards; Registration; Renewal; Continuing Education
Description:
Amends the process for registration, registration renewal, instruction, and training for security guards. Triennial registration period for security guards effective beginning on 6/30/2018. (CD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
