STAND. COM. REP. NO.3275

Honolulu, Hawaii

, 2002

RE: H.B. No. 2232

H.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred H.B. No. 2232, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO THE WHISTLEBLOWERS' PROTECTION ACT,"

begs leave to report as follows:

The purposes of this measure are to:

(1) Increase the penalty for violations of the Whistleblowers' Protection Act by establishing a minimum fine of $500 and increasing the maximum fine from $500 to $5,000 per violation;

(2) Lengthen the statute of limitations for bringing a complaint of retaliation under the Whistleblowers' Protection Act from ninety days to two years;

(3) Extend whistleblower protection to those who report or are about to report a violation or suspected violation to the employer; and

(4) Expand the type of violations or suspected violations to include ordinances, regulations, and government contracts.

Your Committee received testimony in support of this measure from the Insurance Commissioner and Bank of Hawaii. Testimony in opposition was received from the Office of Information Practices. The law firm of Char Hamilton Campbell & Thom submitted comments.

Your Committee finds that the Whistleblowers' Protection Act was enacted to protect employees who report illegal activities performed by employers. The above-mentioned changes in the statute will be an important means of strengthening the rights and resolve of potential whistleblowers and thereby greatly enhance public trust in government and industry.

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. 2232, H.D. 1, and recommends that it pass Third Reading.

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

____________________________

BRIAN KANNO, Chair