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. 764, S.D. 1, entitled:

begs leave to report as follows:

The purpose of this measure is to strengthen Hawaii's Whistleblowers' Protection Act by extending protection to employees who report information demonstrating danger to public health or safety to their employers or to government agencies, and creating an exception to the statute of limitations period.

Testimony supporting this measure was submitted by the American Civil Liberties Union of Hawaii, Hawaii Nurses' Association, The League of Women Voters of Hawaii, ILWU Local 142, Hawaii Government Employees Association, and one individual. The Department of Human Resources Development submitted testimony supporting the intent of this measure. The Chamber of Commerce of Hawaii, Hawaii Bankers Association, and Society for Human Resource Management – Hawaii Chapter submitted testimony opposing this measure. The Department of Labor and Industrial Relations submitted comments on this measure.

Your Committee finds that employees are reluctant to come forward and report information or practices and policies that pose a danger to public health and safety if they may be subjected to retaliation. This measure protects employees and ensures improved public health and safety in the workplace.

In addition, your Committee determines that the two-year statute of limitations period within which to institute a civil action under the Whistleblowers' Protection Act fails to account for situations wherein the aggrieved employee is still physically or mentally incapacitated and unable to work. In these situations, more time is needed for employees to gather the necessary evidence of retaliation or discrimination to support their allegations of prohibited activities, discuss the situation with legal counsel, and evaluate the potential personal and professional ramifications of pursuing further action once they are no longer incapacitated. Consequently, your Committee believes that an exception to the statute of limitations is warranted for these individuals.

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. 764, S.D. 1, and recommends that it pass Third Reading.