STAND. COM. REP. NO.992

Honolulu, Hawaii

, 2003

RE: S.B. No. 921

S.D. 2

 

 

Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred S.B. No. 921, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO HAWAII WORKSITE TEMPORARY RESTRAINING ORDER ACT,"

begs leave to report as follows:

The purpose of this measure is to allow an employer, whose employee has been subjected to harassment at the worksite, to petition the district court for a temporary restraining order and an injunction from further harassment at the worksite.

Testimony in support of this measure was received from the Department of Human Resources Development, Department of Labor and Industrial Relations, Honolulu Prosecuting Attorney, Hawaii State Coalition Against Domestic Violence, The Hawaii Hotel Association, The Chamber of Commerce of Hawaii, Retail Merchants of Hawaii, Domestic Violence Clearinghouse, and Society for Human Resource Management. Testimony in opposition was received from ILWU Local 142.

Existing law allows victims to petition the court for an order to temporarily restrain harassment that occurs anywhere. This measure allows employers to similarly petition the court for an order to temporarily restrain harassment of an employee at the worksite to promote and preserve workplace safety. Your Committee finds that incidence of harassment at the worksite directed against a worker is not uncommon. Sometimes, the harassment can involve violence, placing other employees at risk of injury. This measure provides employers a measure of protection in the workplace.

Your Committee has amended this measure by:

(1) Clarifying that to the extent feasible, the employer must consult the employee who is subject to the harassment or threat prior to petitioning;

(2) Clarifying that the petitioner can be the employee as well as the employer, on recommendation of the State Attorney General; and

(3) Making technical, nonsubstantive changes to reflect proper drafting style.

As affirmed by the record of votes of the members of your Committee on Judiciary and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 921, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 921, S.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary and Hawaiian Affairs,

____________________________

COLLEEN HANABUSA, Chair