STAND. COM. REP. NO. 2538

Honolulu, Hawaii

RE: S.B. No. 2567

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 S.B. No. 2567 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 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 Human Services, Department of Education, 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 there is an alarming increase in harassment, acts of violence, and threats against public servants, which inhibits these workers' ability to carry out their critical duties. However, existing law only allows an individual to obtain a temporary restraining order against harassment on their own behalf. Your Committee believes that allowing a public employer to pursue protective orders on behalf of public servants lessens the individual border on these employees as they continue to work on behalf of the public. This measure will help public employers ensure continuity of operations, maintain a safe working environment for their employees, and encourage experienced public servants to seek and remain in leadership roles.

Your Committee has amended this measure by:

(1) Expanding, the definition of "public servant" to include all officers and employees of all three branches of government and all counties;

(2) Inserting a definition for "public servant of the State" to mean a public servant who is not an officer or employee of any political subdivision of the State or an active, formerly active, or retired federal judge or justice;

(3) Authorizing agencies, in addition to branches of governments and departments, to represent their public servant employee;

(4) Requiring the Department of the Attorney General to establish a system to allow a public employer of a public servant of the State to retain a private attorney to provide representation to the public employer to pursue a protective order to enjoin and protect against harassment, subject to certain limitations;

(5) Authorizing the Judiciary to use its staff attorneys or utilize its own funds to retain a private attorney to represent a public servant of the State employed by the Judiciary;

(6) Establishing a liability protection for the State, state employers, and state officials when petitioning for restraining orders and injunctions against employment‑related harassment of certain public employees;

(7) Inserting a blank appropriation amount for the Department of the Attorney General to establish a system for retaining private attorneys to provide representation for public employee of the State;

(8) Specifying that the appropriation to the Department of the Attorney General will not lapse until June 30, 2028;

(9) Making it sunset on June 30, 2028;

    (10) Updating legislative findings and amending section 1 to reflect its amended purpose;

    (11) Inserting an effective date of January 1, 2077, to encourage further discussion; and

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

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 S.B. No. 2567, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2567, 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,

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BRANDON J.C. ELEFANTE, Chair