REPORT TITLE:
Coercion of State Employees


DESCRIPTION:
Makes it a crime to politically coerce a state employee.
Prohibited activities include compelling a person to perform some
non job-related activity, or threatening negative consequences
for the continuation of any lawful activity such as political
alignment or contribution.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        494
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO COERCION OF STATE EMPLOYEES.
 


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

 1      SECTION 1.  The legislature finds that the current language
 
 2 of Hawaii's public employee law does not protect state employees
 
 3 from political coercion.  Current statutory language disregards
 
 4 the fact that Hawaii's state employees are increasingly being
 
 5 coerced by individuals attempting to force their political
 
 6 agendas.  The consequence of this statutory defect is
 
 7 discrimination against public employees who support or refuse to
 
 8 support some political or ideological issue, or who engage in
 
 9 personal political activities on their own time.  The further
 
10 effect of this coercion is to force state employees to engage in
 
11 non job-related political activities in order to avoid punitive
 
12 results.  
 
13      The purpose of this Act is make it unlawful for any person
 
14 to coerce a state employee, and to define clear criminal
 
15 penalties for a violation of this mandate.
 
16      SECTION 2.  Chapter 710, Hawaii Revised Statutes, is amended
 
17 by adding a new section to be appropriately designated and to
 
18 read as follows:
 
19      "�710-         Political coercion of state employees.  (a)
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1 It shall be unlawful for any person to intimidate, threaten 
 
 2 command or coerce, or attempt to intimidate, threaten, command or
 
 3 coerce any employee of the State of Hawaii to engage in or not to
 
 4 engage in any political activity, including, but not limited to,
 
 5 voting or refusing to vote for any candidate or measure in any
 
 6 election, making or refusing to make any political contribution,
 
 7 or working or refusing to work on behalf of any candidate.  
 
 8      (b)  Coercion of a state employee is a misdemeanor.
 
 9      (c)  This section shall not operate as a bar against any
 
10 other remedy under law including other remedies prescribed by the
 
11 state ethics commission pursuant to chapter 84."
 
12      SECTION 3.  New statutory material is underscored.
 
13      SECTION 4.  This Act shall take effect upon its approval.
 
14 
 
15                           INTRODUCED BY:  _______________________