STAND. COM. REP. 792

Honolulu, Hawaii

, 2003

RE: H.B. No. 385

H.D. 2

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.B. No. 385, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO THE PREVENTION OF WORKPLACE VIOLENCE,"

begs leave to report as follows:

The purpose of this bill is to prevent acts or threats of violence or harassment in the workplace by establishing a mechanism for employers to obtain temporary restraining orders (TRO) and injunctions in the District Court.

The City and County of Honolulu Department of the Prosecuting Attorney, Hawaii State Coalition Against Domestic Violence, Hawaii Hotel Association, Retail Merchants Association, Society for Human Resource Management, Hawaii Chapter, and the Chamber of Commerce of Hawaii testified in support of this bill. Domestic Violence Clearinghouse and Legal Hotline also supported this measure with amendments. The Department of Education and the Hawaii Government Employees Association supported the intent of this measure. The Office of the Public Defender offered comments. The Department of Human Resources Development expressed concerns, and ILWU Local 142 opposed this measure.

 

Your Committee has amended this bill by:

(1) Placing the provisions into a new section under chapter 604, Hawaii Revised Statutes (HRS), instead of amending section 604-10.5, HRS;

(2) Including additional definitions;

(3) Limiting the scope of this measure to employees by deleting references to customers and guests;

(4) Including unlawful acts and threats of violence as grounds for seeking a TRO or injunction;

(5) Specifying the facts to be included in affidavits or statements as part of the petition seeking an ex parte TRO;

(6) Specifying the grounds upon which the court may issue an ex parte order;

(7) Changing the standard of proof for injunctive relief from clear and convincing evidence to preponderance of the evidence;

(8) Clarifying that employers and employees who initiate or participate in proceedings to restrain workplace violence shall be immune from civil liability unless false statements were knowingly made or acts were made with malice; and

(9) Making technical, nonsubstantive amendments for style, clarity, and consistency.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No.

385, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 385, H.D. 2.

 

Respectfully submitted on behalf of the members of the Committee on Judiciary,

 

____________________________

ERIC G. HAMAKAWA, Chair