Hawaii 2022 Regular Session

Hawaii House Bill HB2005 Compare Versions

Only one version of the bill is available at this time.

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1	1	HOUSE OF REPRESENTATIVES H.B. NO. 2005 THIRTY-FIRST LEGISLATURE, 2022 STATE OF HAWAII A BILL FOR AN ACT relating to a whistleblower hotline. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	HOUSE OF REPRESENTATIVES H.B. NO. 2005
4	4	THIRTY-FIRST LEGISLATURE, 2022
5	5	STATE OF HAWAII
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7	7	HOUSE OF REPRESENTATIVES
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9	9	H.B. NO.
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11	11	2005
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13	13	THIRTY-FIRST LEGISLATURE, 2022
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17	17	STATE OF HAWAII
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31	31	A BILL FOR AN ACT
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37	37	relating to a whistleblower hotline.
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43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47	47	SECTION 1. Chapter 96, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows: "§96- Whistleblower hotline. (a) The ombudsman shall establish and manage a hotline by which an employee, or a person acting on behalf of an employee, may contact the office of the ombudsman directly to report a violation or suspected violation of: (1) A law, rule, ordinance, or regulation, adopted pursuant to the laws of this State, a political subdivision of this State, or the United States; or (2) A contract executed by the State, a political subdivision of the State, or the United States. (b) The ombudsman shall publicize the availability of the whistleblower hotline. (c) For purposes of this section, "employee" has the same meaning as in section 378-61." SECTION 2. Section 96-4, Hawaii Revised Statutes, is amended to read as follows: "§96-4 Procedure. The ombudsman may establish procedures for receiving and processing complaints[,] and whistleblower reports of violations or suspected violations, conducting investigations, [and] reporting the ombudsman's findings[.], and other actions deemed necessary to address complaints or whistleblower reports. However, the ombudsman may not levy fees for the submission or investigation of complaints[.] or whistleblower reports." SECTION 3. Section 96-5, Hawaii Revised Statutes, is amended to read as follows: "§96-5 Jurisdiction. The ombudsman has jurisdiction to [investigate]: (1) Investigate the administrative acts of agencies and the ombudsman may exercise the ombudsman's powers without regard to the finality of any administrative act[.]; and (2) Establish and maintain a whistleblower hotline pursuant to section 96- , and receive and investigate reports of violations or suspected violations from that hotline." SECTION 4. Section 96-6, Hawaii Revised Statutes, is amended by amending its title and subsection (a) to read as follows: "§96-6 Investigation of complaints[.] and reports. (a) The ombudsman may investigate any complaint [which] or whistleblower report of a violation or suspected violation that the ombudsman determines to be an appropriate subject for investigation under section 96-8." SECTION 5. Section 96-8, Hawaii Revised Statutes, is amended to read as follows: "§96-8 Appropriate subjects for investigation. An appropriate subject for investigation is a report received through the whistleblower hotline or an administrative act of an agency which might be: (1) Contrary to law; (2) Unreasonable, unfair, oppressive, or unnecessarily discriminatory, even though in accordance with law; (3) Based on a mistake of fact; (4) Based on improper or irrelevant grounds; (5) Unaccompanied by an adequate statement of reasons; (6) Performed in an inefficient manner; or (7) Otherwise erroneous. The ombudsman may investigate to find an appropriate remedy." SECTION 6. Section 96-9, Hawaii Revised Statutes, is amended to read as follows: "§96-9 Investigation procedures. (a) In an investigation, the ombudsman may make inquiries and obtain information as the ombudsman thinks fit, enter without notice to inspect the premises of an agency, and hold private hearings. (b) The ombudsman is required to maintain secrecy in respect to all matters and the identities of the complainants, whistleblowers, or witnesses coming before the ombudsman except so far as disclosures may be necessary to enable the ombudsman to carry out the ombudsman's duties and to support the ombudsman's recommendations." SECTION 7. Section 378-61, Hawaii Revised Statutes, is amended by amending the definition of "public body" to read as follows: ""Public body" means: (1) A state officer, employee, agency, department, division, bureau, board, commission, committee, council, authority, or other body in the executive branch of state government; (2) An agency, board, commission, committee, council, member, ombudsman, or employee of the legislative branch of the state government; (3) A county, city, intercounty, intercity, or regional governing body, a council, special district, or municipal corporation, or a board, department, commission, committee, council, agency, or any member or employee thereof; (4) Any other body which is created by state or local authority or which is primarily funded by or through state or local authority, or any member or employee of that body; (5) A law enforcement agency or any member or employee of a law enforcement agency; or (6) The judiciary and any member or employee of the judiciary." SECTION 8. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 9. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________
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49	49	SECTION 1. Chapter 96, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
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51	51	"§96- Whistleblower hotline. (a) The ombudsman shall establish and manage a hotline by which an employee, or a person acting on behalf of an employee, may contact the office of the ombudsman directly to report a violation or suspected violation of:
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53	53	(1) A law, rule, ordinance, or regulation, adopted pursuant to the laws of this State, a political subdivision of this State, or the United States; or
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55	55	(2) A contract executed by the State, a political subdivision of the State, or the United States.
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57	57	(b) The ombudsman shall publicize the availability of the whistleblower hotline.
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59	59	(c) For purposes of this section, "employee" has the same meaning as in section 378-61."
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61	61	SECTION 2. Section 96-4, Hawaii Revised Statutes, is amended to read as follows:
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63	63	"§96-4 Procedure. The ombudsman may establish procedures for receiving and processing complaints[,] and whistleblower reports of violations or suspected violations, conducting investigations, [and] reporting the ombudsman's findings[.], and other actions deemed necessary to address complaints or whistleblower reports. However, the ombudsman may not levy fees for the submission or investigation of complaints[.] or whistleblower reports."
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65	65	SECTION 3. Section 96-5, Hawaii Revised Statutes, is amended to read as follows:
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67	67	"§96-5 Jurisdiction. The ombudsman has jurisdiction to [investigate]:
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69	69	(1) Investigate the administrative acts of agencies and the ombudsman may exercise the ombudsman's powers without regard to the finality of any administrative act[.]; and
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71	71	(2) Establish and maintain a whistleblower hotline pursuant to section 96- , and receive and investigate reports of violations or suspected violations from that hotline."
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73	73	SECTION 4. Section 96-6, Hawaii Revised Statutes, is amended by amending its title and subsection (a) to read as follows:
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75	75	"§96-6 Investigation of complaints[.] and reports. (a) The ombudsman may investigate any complaint [which] or whistleblower report of a violation or suspected violation that the ombudsman determines to be an appropriate subject for investigation under section 96-8."
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77	77	SECTION 5. Section 96-8, Hawaii Revised Statutes, is amended to read as follows:
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79	79	"§96-8 Appropriate subjects for investigation. An appropriate subject for investigation is a report received through the whistleblower hotline or an administrative act of an agency which might be:
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81	81	(1) Contrary to law;
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83	83	(2) Unreasonable, unfair, oppressive, or unnecessarily discriminatory, even though in accordance with law;
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85	85	(3) Based on a mistake of fact;
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87	87	(4) Based on improper or irrelevant grounds;
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89	89	(5) Unaccompanied by an adequate statement of reasons;
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91	91	(6) Performed in an inefficient manner; or
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93	93	(7) Otherwise erroneous.
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95	95	The ombudsman may investigate to find an appropriate remedy."
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97	97	SECTION 6. Section 96-9, Hawaii Revised Statutes, is amended to read as follows:
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99	99	"§96-9 Investigation procedures. (a) In an investigation, the ombudsman may make inquiries and obtain information as the ombudsman thinks fit, enter without notice to inspect the premises of an agency, and hold private hearings.
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101	101	(b) The ombudsman is required to maintain secrecy in respect to all matters and the identities of the complainants, whistleblowers, or witnesses coming before the ombudsman except so far as disclosures may be necessary to enable the ombudsman to carry out the ombudsman's duties and to support the ombudsman's recommendations."
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103	103	SECTION 7. Section 378-61, Hawaii Revised Statutes, is amended by amending the definition of "public body" to read as follows:
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105	105	""Public body" means:
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107	107	(1) A state officer, employee, agency, department, division, bureau, board, commission, committee, council, authority, or other body in the executive branch of state government;
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109	109	(2) An agency, board, commission, committee, council, member, ombudsman, or employee of the legislative branch of the state government;
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111	111	(3) A county, city, intercounty, intercity, or regional governing body, a council, special district, or municipal corporation, or a board, department, commission, committee, council, agency, or any member or employee thereof;
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113	113	(4) Any other body which is created by state or local authority or which is primarily funded by or through state or local authority, or any member or employee of that body;
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115	115	(5) A law enforcement agency or any member or employee of a law enforcement agency; or
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117	117	(6) The judiciary and any member or employee of the judiciary."
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119	119	SECTION 8. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
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121	121	SECTION 9. This Act shall take effect upon its approval.
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125	125	INTRODUCED BY: _____________________________
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127	127	INTRODUCED BY:
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129	129	_____________________________
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135	135	Report Title: Whistleblower Hotline; Office of the Ombudsman Description: Requires the ombudsman to establish and manage a hotline by which an employee, or a person acting on behalf of an employee, may contact the office of the ombudsman directly to report a violation or suspected violation of a law, rule, ordinance, or regulation, or a contract executed by the State, a political subdivision of the State, or the United States. Authorizes the ombudsman to receive and investigate reports of violations or suspected violations from the whistleblower hotline. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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141	141	Report Title:
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143	143	Whistleblower Hotline; Office of the Ombudsman
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147	147	Description:
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149	149	Requires the ombudsman to establish and manage a hotline by which an employee, or a person acting on behalf of an employee, may contact the office of the ombudsman directly to report a violation or suspected violation of a law, rule, ordinance, or regulation, or a contract executed by the State, a political subdivision of the State, or the United States. Authorizes the ombudsman to receive and investigate reports of violations or suspected violations from the whistleblower hotline.
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157	157	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.