Bill Text: HI SB2429 | 2018 | Regular Session | Amended

Hawaii Senate Bill 2429 (Prior Session Legislation)

Bill Title: Relating To Guards.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2018-02-23 - The committee on CPH deferred the measure. [SB2429 Detail]

Download: Hawaii-2018-SB2429-Amended.html

THE SENATE	S.B. NO.	2429
TWENTY-NINTH LEGISLATURE, 2018		S.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO GUARDS.

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

SECTION 1. Section 463-1, Hawaii Revised Statutes, is amended by adding two new definitions to be appropriately inserted and to read as follows:

""Discharge due to poor employment standing" includes:

(1) Involuntary termination due to misconduct;

(2) Resigning as an alternative to involuntary termination due to misconduct; or

(3) Resigning while under investigation or suspension or during forced administrative desk duty pending investigation.

"Law enforcement officer" means a:

(1) Police officer employed by a police department located within the United States; or

(2) Person granted police powers by a federal, state, or county agency within the United States."

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

"§463-8 Principal guards and guard agencies; qualifications for license. (a) The board may grant a principal 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~~] 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) If granted a license, have a restriction placed on the individual's license that prevents the individual from possessing a firearm in the course of employment if the individual has been discharged due to poor employment standing from employment as a law enforcement officer; and

[~~(6)~~] (7) 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 and registered as a guard pursuant to section 463-10.5 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~~] Each employee, including the principal guard, shall:

(1) Have had a high school 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 prohibited from possessing a firearm in the course of employment if the individual has been discharged due to poor employment standing from employment as a law enforcement officer; and

[~~(4)~~] (5) Be registered with the board upon employment with the agency.

(c) The employer[,] of a prospective employee in a guard capacity, including a principal guard, with the written authorization of the prospective employee, shall conduct a [~~criminal~~]:

(1) Prior employment background check of the prospective employee if the prospective employee has ever served as a law enforcement officer. The background check, at a minimum, shall request from each governmental agency for which the applicant served as a law enforcement officer, a statement of whether or not the applicant has been discharged due to poor employment standing from employment as a law enforcement officer; and

(2) Criminal history records check, in accordance with section 463-10.5 and the rules of the board adopted pursuant thereto, of [~~all new employees employed in a guard capacity~~] the prospective employee directly through the Hawaii criminal justice data center upon certification to the board that the signature on the authorization is authentic.

(d) The department of public safety, department of transportation, and any police department of the several counties, upon request from an employer seeking information relevant to section (c)(1), shall disclose whether the prospective employee was discharged due to poor employment standing from employment with the department."

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

"§463-9 Form of application for license or registration. (a) Application for a license or registration shall be made on a form prescribed by the board which may 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, and [~~such~~] any information, including fingerprints of the applicant and [~~such~~] any other information as the board may require to investigate the character, competency, and integrity of the applicant. The board shall conduct [~~such~~] the investigation of the applicant's background, character, competency, and integrity as it deems appropriate, and shall request[~~, in~~]:

(1) From each governmental agency for which the applicant served as a law enforcement officer, a statement of whether or not the applicant has been discharged due to poor employment standing from employment as a law enforcement officer; and

(2) 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.

(b) The department of public safety, department of transportation, and the police departments of the several counties, for the purposes of subsection (a)(1), shall provide relevant information on request to the director of commerce and consumer affairs.

(c) The Hawaii criminal justice data center, for the purposes of subsection (a)(2), shall provide [~~such~~] relevant information on request to the director of commerce and consumer affairs."

SECTION 4. Section 463-10.5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) 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~~] that 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~~] that 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[.]; and

(5) Agree to refrain from possessing a firearm in the course of employment if the individual has been discharged due to poor employment standing from employment as a law enforcement officer.

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

SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

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, 2018.

Report Title:

Guards; Background Checks; Prior Employment

Description:

Prohibits a security guard from possessing a firearm in the course of employment if the guard was discharged from employment as a law enforcement officer due to poor employment standing. Requires state and county law enforcement agencies to make appropriate disclosures. (SD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.