SB1926 HD1

SECTION 1. The legislature finds that public employees may possess information about improper activities such as waste, fraud, and misconduct occurring in state government, but may not report the information because of fear of retaliation by their supervisors. Greater protection for public employees is necessary to encourage them to come forward with information that will help ensure the efficiency and integrity of state and local government.

The purpose of this Act is to provide additional protection to public employees who report violations of the law, waste, and gross misconduct, incompetence, or inefficiency.

SECTION 2. Part V of chapter 378, Hawaii Revised Statutes, is amended by designating sections 378‑61 to 378‑69, Hawaii Revised Statutes, as subpart A and adding a title before section 378‑61, Hawaii Revised Statutes, to read as follows:

"A. general provisions"

SECTION 3. Chapter 378, Hawaii Revised Statutes, is amended by adding a new subpart to part V to be appropriately designated and to read as follows:

" . Protections for Public Employees

§378‑A Protected disclosure by a public employee. (a) In addition to any other protection under this chapter, a public employer shall not discharge, threaten, or otherwise discriminate against a public employee regarding the public employee's compensation, terms, conditions, location, or privileges of employment because the public employee, or a person acting on behalf of the public employee, reports or is about to report to the public employer or a public body, verbally or in writing, any:

(1) Action by a public employer or a public employee that:

(A) Is undertaken in the performance of official duties, regardless of whether the action is within the normal scope of employment; and

(B) Is economically wasteful; or

(2) Condition that may significantly threaten the health or safety of the public or the public employee; provided that the disclosure is made for the purpose of remedying the condition.

(b) In addition to the relief and damages provided under section 378‑63, a public employee who alleges a violation of this section may bring a civil action for punitive damages.

(c) Every public employer shall post and keep posted notices pertaining to the application of the law as shall be prescribed by the department of labor and industrial relations in conspicuous places in every establishment where any public employee is employed to permit the public employee to readily observe a copy on the way to or from the public employee's place of employment.

(d) For purposes of this section:

"Public employee" means any employee of the State or any county, or the political subdivision and agencies of the State or any county, any employee under contract with the State or any county, any civil service employee, and any probationary or provisional employee of the State or county.

"Public employer" means the State and any county, and the political subdivisions and agencies of the State and any county, and includes any agent thereof.

§378-B Enforcement jurisdiction. (a) The department of labor and industrial relations shall have jurisdiction over practices made unlawful by this subpart. Any public employee claiming to be aggrieved by an unlawful practice under this subpart may file with the department of labor and industrial relations a verified complaint in writing, which shall state the name and address of the public employer alleged to have committed the unlawful practice complained of and which shall set forth the particulars thereof and contain other information as may be required by the department of labor and industrial relations.

(b) If the public employer alleged to have committed the unlawful practice complained of is the department of labor and industrial relations, the public employee may file the verified complaint with the department of the attorney general, which shall have jurisdiction over practices made unlawful by this subpart and alleged to have been committed by the department of labor and industrial relations."

SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $ , or so much thereof as may be necessary for fiscal year 2007-2008, and the same sum, or so much thereof as may be necessary for fiscal year 2008-2009, to provide additional whistleblower protection to public employers.

The sums appropriated shall be expended by the department of labor and industrial relations for the purposes of this Act.

SECTION 5. In codifying the new sections added by section 3 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 6. New statutory material is underscored.

SECTION 7. This Act shall take effect on July 1, 2112.

THE SENATE	S.B. NO.	1926
TWENTY-FOURTH LEGISLATURE, 2007		S.D. 1
STATE OF HAWAII		H.D. 1