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 H.B. No. 385, H.D. 2, S.D. 1, entitled:

begs leave to report as follows:

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

Your Committee received testimony in support of this measure from the Department of Labor and Industrial Relations, the Department of the Prosecuting Attorney, the Hawaii Government Employees Association, the Hawaii State Coalition Against Domestic Violence, the Chamber of Commerce of Hawaii, the Domestic Violence Clearinghouse and Legal Hotline, and an employer. Testimony supporting the intent of the measure and requesting amendments was received from the Department of Education and the Hawaii Hotel Security Association. Testimony opposing the measure was received from the Office of the Public Defender and the ILWU. The Society for Human Resource Management-Hawaii Chapter supported the intent of the measure but opposed the measure in its current form. The Department of Human Resources Development expressed concerns.

Under §604-10.5, Hawaii Revised Statutes, individuals who are being harassed may seek a temporary restraining order or injunction. Following the tragic events in a much publicized workplace violence incident, your Committee believes Hawaii's employers should have the means of protecting their employees in the workplace.

Your Committee finds that workplace violence is now considered to be a commonplace threat to both employers and employees, involving disgruntled current or former employees, with frequent occurrences being domestic violence related.

Your Committee amended the bill by adding the phrase "person who is the target of threats or harassment" to the end of paragraph (1) on page 5, and making technical, nonsubstantive amendments for clarity and 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 H.B. No. 385, H.D. 2, S.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, S.D. 2.