STAND. COM. REP. NO. 483-26

Honolulu, Hawaii

, 2026

RE: H.B. No. 2091

H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Madame:

Your Committee on Labor, to which was referred H.B. No. 2091 entitled:

"A BILL FOR AN ACT RELATING TO PETITIONS TO TEMPORARILY RESTRAIN AND ENJOIN HARASSMENT OF AN EMPLOYEE,"

begs leave to report as follows:

The purpose of this measure is to authorize public employers to petition for temporary restraining orders and injunctions against employment-related harassment of certain public employees.

Your Committee received testimony in support of this measure from the Judiciary; Department of Education; United Public Workers, AFSCME Local 646, AFL-CIO; and University of Hawaii Professional Assembly. Your Committee received comments on this measure from the Department of the Attorney General and Hawaii Government Employees Association, AFSCME Local 152, AFL-CIO.

Your Committee finds that employees in public and private sectors are facing increasing harassment, threats, and acts of violence that disrupt their ability to perform their duties and jeopardize workplace safety. Your Committee further finds that allowing public employers to petition for temporary restraining orders and injunctions on behalf of harassed employees will provide an additional layer of protection and help deter harmful conduct directed at workers. This measure strengthens workplace safety by authorizing employers to seek court‑ordered relief to prevent continued harassment.

Your Committee has amended this measure by:

(1) Defining the terms "credible threat of violence" and "unlawful violence";

(2) Specifying that the definition of "public servant" does not include other public employees under the Civil Service Law and collective bargaining in public employment;

(3) Requiring a hearing on a petition to enjoin a credible threat of violence or unlawful violence to be held within fifteen days after the temporary restraining order is granted;

(4) Establishing evidentiary standards and procedural requirements for credible threats of violence or unlawful violence;

(5) Clarifying that a petition filed by a public employer must identify the petitioner not only as the respective branch or department but acting on behalf of the named public servant;

(6) Requiring a public employer to formally request representation by the Department of the Attorney General and authorizing the Attorney General to decline any request or refer the request to another government legal representative;

(7) Clarifying that no duty to petition exists even when the employer has notice or reasonably should have notice of an alleged employment‑related credible threat of violence or unlawful violence;

(8) Requiring a public servant to immediately notify law enforcement regarding any conduct or situation that poses an imminent danger or threat;

(9) Appropriating an unspecified amount for the Department of the Attorney General to carry out the purposes of this measure;

(10) Changing the effective date to July 1, 3000, to encourage further discussion; and

(11) Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

As affirmed by the record of votes of the members of your Committee on Labor that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2091, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2091, H.D. 1, and be referred to your Committee on Judiciary & Hawaiian Affairs.

Respectfully submitted on behalf of the members of the Committee on Labor,

____________________________

JACKSON D. SAYAMA, Chair