STAND. COM. REP. NO. 334

                                   Honolulu, Hawaii
                                                     , 1999

                                   RE:  S.B. No. 235
                                        S.D. 1




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 1999
State of Hawaii

Sir:

     Your Committee on Labor and Environment, to which was
referred S.B. No. 235 entitled: 

     "A BILL FOR AN ACT RELATING TO EMPLOYEE PROTECTION UNDER THE
     WHISTLEBLOWER LAW,"

begs leave to report as follows:

     The purpose of this measure is to amend the Whistleblowers'
Protection Act by expanding the areas of protected conduct and
the types of reportable violations.

     Testimony in support of this measure was received from the
Hawaii State Teachers Association, Common Cause Hawaii, and
twenty-three individuals.  The Hawaii Nurses Association
testified in support of the measure with amendments.  The Chamber
of Commerce of Hawaii and the Society for Human Resource
Management testified in opposition to the measure.

     Your Committee finds that it is the intent of this measure
to protect persons from being penalized by an employer for
reporting violations of the law or a code of ethics designed to
protect the public.  Your Committee heard testimony from many
healthcare professionals supporting this measure which provides
protection from retaliatory acts by employers when they report
situations that jeopardize the health and well-being of their
patients.

     Your Committee has amended this measure by:


 
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                                   STAND. COM. REP. NO. 334
                                   Page 2


     (1)  Deleting the provision that allows as an affirmative
          defense that the employer did not force others to act
          unethically or illegally; and

     (2)  Deleting the provision that defines "reasonable cause
          to believe" as this term is well understood and the
          definition is unnecessary.

     As affirmed by the record of votes of the members of your
Committee on Labor and Environment that is attached to this
report, your Committee is in accord with the intent and purpose
of S.B. No. 235, as amended herein, and recommends that it pass
Second Reading in the form attached hereto as S.B. No. 235,
S.D. 1, and be referred to the Committee on Judiciary.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Labor and
                                   Environment,



                                   ______________________________
                                   BOB NAKATA, Chair

 
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