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THE SENATE |
S.B. NO. |
3055 |
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THIRTY-THIRD LEGISLATURE, 2026 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO FALSE IMPERSONATION OF UNION REPRESENTATIVES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
"§89- Employee organization representative;
false impersonation; prohibited; cause of action; penalties. (a)
No person shall falsely impersonate an employee organization
representative.
(b) An employee organization alleging a violation
of this section may bring a civil action in a court of competent jurisdiction
for injunctive relief; payment of damages, which may include punitive damages;
or other appropriate relief.
(c) In addition to any other damages that may be
claimed, a plaintiff shall receive liquidated damages in an amount of
$ per incident in
any action in which the plaintiff establishes that the defendant falsely
impersonated an employee organization representative.
(d) For the purposes of this section:
"Employee
organization representative" means:
(1) An employee, staff member, or any
agent of an employee organization;
(2) A member of an employee organization
who serves in an elected or appointed position within the employee organization;
or
(3) A public employee who is designated by
the exclusive representative as a representative for the employees in an
appropriate bargaining unit.
"Falsely
impersonate an employee organization representative" means to use fraud,
misrepresentation, material omission with the specific intent to deceive, or
deceit in making a verbal or written communication that purports to be
authorized or otherwise approved by an employee organization but has not been
authorized or approved by the employee organization."
SECTION 2. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
Report Title:
Public Employees; Employee Organization Representative; False Impersonation; Prohibition; Cause of Action; Penalties
Description:
Prohibits a person from falsely impersonating an employee organization representative. Establishes a cause of action and penalties for violations. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.