STAND. COM. REP. NO. 3217

Honolulu, Hawaii

RE: H.B. No. 2091

H.D. 2

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Sir:

Your Committee on Labor and Technology, to which was referred H.B. No. 2091, H.D. 2, 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 and intent of this measure is to establish a two‑year pilot project 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 Department of the Attorney General; Department of Education; Department of Human Services; Office of Wellness and Resilience; United Public Workers, AFSCME Local 646, AFL-CIO; Hawaii Government Employees Association, AFSCME Local 152, AFL‑CIO; and University of Hawaii Professional Assembly.

Your Committee finds that harassment, threats, and acts of violence against public servants have increased at an alarming rate, which hinders these employees' ability to perform their essential duties. In early 2024, in partnership with the College of Social Sciences' Health Policy Initiative at the University of Hawaii at Manoa, the Office of Wellness and Resilience conducted the Hawaii Quality of Life and Workplace Wellness Survey, which found that thirty-five percent of state employees reported experiencing violence on the job within the past twelve months. Of those individuals, forty-nine percent chose not to report the violence or harassment they encountered, citing fear of retaliation as the primary reason for not coming forward. Your Committee further finds that existing law permits only individuals to seek temporary restraining orders for their own protection. Your Committee believes that authorizing public employers to seek protective orders and injunctions on behalf of public servants would reduce the individual burden placed on employees while they continue to serve the public. This measure will help ensure continuity of operations, promote a safer workplace, and encourage experienced public servants to pursue and remain in leadership positions that entail heightened public exposure.

Your Committee has amended this measure by making technical, nonsubstantive amendments for the purposes of clarity and consistency.

Your Committee notes that this measure, as amended, contains an unspecified appropriation amount. Should your Committees on Judiciary and Ways and Means choose to deliberate on this measure, your Committee respectfully requests that they consider inserting an appropriation amount of $300,000 for the Department of the Attorney General to establish a system for retaining private attorneys to provide representation for public employees of the State under the pilot project.

As affirmed by the record of votes of the members of your Committee on Labor and Technology that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2091, H.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2091, H.D. 2, S.D. 1, and be referred to your Committees on Judiciary and Ways and Means.

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

________________________________

BRANDON J.C. ELEFANTE, Chair