STAND. COM. REP. NO. 3098

Honolulu, Hawaii

RE: S.B. No. 3055

S.D. 2

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 3055, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO FALSE IMPERSONATION OF UNION REPRESENTATIVES,"

begs leave to report as follows:

The purpose and intent of this measure is to:

(1) Prohibit a person from falsely impersonating an employee organization representative; and

(2) Establish a cause of action and penalties for violations.

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

Your Committee finds that anti-union organizations have initiated campaigns to encourage public employees to opt out of their unions through deceptive tactics, stripping them of protections and benefits that they would be eligible for if they were in the union. These third-party entities have also utilized mailing campaigns to mislead public employees and exploit the trust that they place in their union representatives. This measure will establish a clear statutory provision against this deceitful conduct to protect the integrity of the collective bargaining process and ensure that public employees are not misled by unauthorized actors.

Your Committee has amended this measure by:

(1) Deleting language that would have awarded a plaintiff liquidated damages in an unspecified amount, in addition to any other damages claimed, per incident in any action in which the plaintiff establishes that the defendant falsely impersonated an employee organization representative; and

(2) Making a technical, nonsubstantive amendment for the purposes of clarity and consistency.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 3055, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 3055, S.D. 2.

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

________________________________

KARL RHOADS, Chair