Report Title:

Whistleblowers' Protection; Public Employees

Description:

Amends the whistleblowers' protection act to include protection for public employees reporting misuse or waste of public funds or committing of fraud by other public employees or public bodies.

HOUSE OF REPRESENTATIVES

H.B. NO.

2962

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to PROTECTION FOR whistleblowers.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The purpose of this Act is to provide protection for public employees who report information on the misuse or waste of public funds or committing of fraud by other public employees or public bodies.

SECTION 2. Section 378-61, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

""Public employee" means a person employed by the State or a political subdivision of the State."

SECTION 3. Section 378-62, Hawaii Revised Statutes, is amended to read as follows:

"§378-62 Discharge of, threats to, or discrimination against employee for reporting violations of law[.]; public employee provision. An employer shall not discharge, threaten, or otherwise discriminate against an employee regarding the employee's compensation, terms, conditions, location, or privileges of employment because:

(1) The employee, or a person acting on behalf of the employee, reports or is about to report to the employer, or reports or is about to report to a public body, verbally or in writing, a violation or a suspected violation of:

(A) A law, rule, ordinance, or regulation, adopted pursuant to law of this State, a political subdivision of this State, or the United States; or

(B) A contract executed by the State, a political subdivision of the State, or the United States,

unless the employee knows that the report is false; [or]

(2) An employee is requested by a public body to participate in an investigation, hearing, or inquiry held by that public body, or a court action[.]; or

(3) A public employee, or a person acting on behalf of the public employee, reports or is about to report to another public employee, a supervising employee, or a public body, verbally or in writing, about the misuse or waste of public funds or committing of fraud by another public employee or public body."

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________