STAND. COM. REP. NO. 1153-26

Honolulu, Hawaii

, 2026

RE: H.B. No. 2091

H.D. 2

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Madame:

Your Committee on Judiciary & Hawaiian Affairs, to which was referred H.B. No. 2091, H.D. 1, 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, credible threats of violence, or unlawful violence against certain public employees.

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

Your Committee finds that there has been an alarming increase in harassment, acts of violence, and threats against public servants. While existing law allows an individual to obtain a temporary restraining order against harassment on their own behalf, this measure will allow public employers to seek temporary restraining orders on behalf of certain employees based on public employment-related harassment.

Your Committee recognizes that the Judiciary and Department of the Attorney General submitted testimony recommending that this measure be amended to incorporate the approach taken in the companion to this measure, S.B. No. 2567, S.D. 1 (Regular Session of 2026).

Your Committee has amended this measure by:

(1) Deleting its contents and inserting the contents of the companion measure, S.B. No. 2567, S.D. 1, a substantially similar measure that establishes a two-year pilot project authorizing public employers to petition for temporary restraining orders and injunctions to address employment-related harassment of certain public employees;

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

(3) 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 Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2091, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 2091, H.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,

____________________________

DAVID A. TARNAS, Chair