STAND. COM. REP. NO.  1156

Honolulu, Hawaii

                , 2015

RE:   S.B. No. 1213

      S.D. 1

      H.D. 1

Honorable Joseph M. Souki

Speaker, House of Representatives

Twenty-Eighth State Legislature

Regular Session of 2015

State of Hawaii

Sir:

     Your Committee on Labor & Public Employment, to which was referred S.B. No. 1213, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO PUBLIC SAFETY,"

begs leave to report as follows:

The purpose of this measure is to protect victims of harassment in a workplace by allowing for an employer to seek a temporary restraining order and injunction against further harassment of an employee or invitee who may be harassed at the employer's premises or worksite.

The Hawaii Health Systems Corporation and a concerned individual supported this measure.  The Judiciary commented on this measure.

     Your Committee has amended this measure by replacing the term "defendant" with "respondent" as there is no defendant in a civil proceeding.  Technical nonsubstantive amendments were also made for clarity, consistency, and style.

     Your Committee notes the concerns raised by the Judiciary and should your Committee on Judiciary deliberate on this measure, your Committee respectfully requests that it further examine these concerns in regard to the potential imposition of unintended costs and complications for employers and the uncertainty in the application of the law.  Specifically, issues with respect to uncertainty in the application of the law include:

     (1)  The application of how the petitioner-employer could prove its case if the employee who is the target of the alleged harassment is unwilling to participate in the proceedings; and

     (2)  The process for intervention by an employee organization.

     As affirmed by the record of votes of the members of your Committee on Labor & Public Employment that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1213, S.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1213, S.D. 1, H.D. 1, and be referred to the Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Labor & Public Employment,

____________________________

MARK M. NAKASHIMA, Chair