SB 3055: Public Employees; Employee Organization Representative; False Impersonation; Prohibition; Cause of Action; Civil Remedies

A BILL FOR AN ACT

RELATING TO FALSE IMPERSONATION OF UNION REPRESENTATIVES.

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

     SECTION 1.  Chapter 89, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§89-     Employee organization representative; false impersonation; prohibited; cause of action; civil remedies.  (a)  No person shall falsely impersonate an employee organization representative.

     (b)  An employee organization alleging a violation of this section may bring a civil action in a court of competent jurisdiction for:

     (1)  Injunctive relief;

     (2)  Payment of damages, which may include punitive damages; or

     (3)  Other appropriate relief.

     (c)  For the purposes of this section:

     "Employee organization representative" means:

     (1)  An employee, staff member, or any agent of an employee organization;

     (2)  A member of an employee organization who serves in an elected or appointed position within the employee organization; or

     (3)  A public employee who is designated by the exclusive representative as a representative for the employees in an appropriate bargaining unit.

     "Falsely impersonate an employee organization representative" means to use fraud, misrepresentation, material omission with the specific intent to deceive, or deceit in making a verbal or written communication that purports to be authorized or otherwise approved by an employee organization but has not been authorized or approved by the employee organization."

     SECTION 2.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect on July 1, 3000.

Report Title:

Public Employees; Employee Organization Representative; False Impersonation; Prohibition; Cause of Action; Civil Remedies

Description:

Prohibits a person from falsely impersonating an employee organization representative.  Establishes a cause of action and civil remedies.  Effective 7/1/3000.  (HD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

RELATING TO FALSE IMPERSONATION OF UNION REPRESENTATIVES.

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

     SECTION 1.  Chapter 89, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§89-    Employee organization representative; false impersonation; prohibited; cause of action; penalties.  (a)  No person shall falsely impersonate an employee organization representative.

     (b)  An employee organization alleging a violation of this section may bring a civil action in a court of competent jurisdiction for injunctive relief; payment of damages, which may include punitive damages; or other appropriate relief.

     (c)  For the purposes of this section:

     "Employee organization representative" means:

     (1)  An employee, staff member, or any agent of an employee organization;

     (2)  A member of an employee organization who serves in an elected or appointed position within the employee organization; or

     (3)  A public employee who is designated by the exclusive representative as a representative for the employees in an appropriate bargaining unit.

     "Falsely impersonate an employee organization representative" means to use fraud, misrepresentation, material omission with the specific intent to deceive, or deceit in making a verbal or written communication that purports to be authorized or otherwise approved by an employee organization but has not been authorized or approved by the employee organization."

     SECTION 2.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.

Report Title:

Public Employees; Employee Organization Representative; False Impersonation; Prohibition; Cause of Action; Penalties

Description:

Prohibits a person from falsely impersonating an employee organization representative.  Establishes a cause of action and penalties for violations.  (SD2)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

RELATING TO FALSE IMPERSONATION OF UNION REPRESENTATIVES.

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

     SECTION 1.  Chapter 89, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§89-    Employee organization representative; false impersonation; prohibited; cause of action; penalties.  (a)  No person shall falsely impersonate an employee organization representative.

     (b)  An employee organization alleging a violation of this section may bring a civil action in a court of competent jurisdiction for injunctive relief; payment of damages, which may include punitive damages; or other appropriate relief.

     (c)  In addition to any other damages that may be claimed, a plaintiff shall receive liquidated damages in an amount of $           per incident in any action in which the plaintiff establishes that the defendant falsely impersonated an employee organization representative.

     (d)  For the purposes of this section:

     "Employee organization representative" means:

     (1)  An employee, staff member, or any agent of an employee organization;

     (2)  A member of an employee organization who serves in an elected or appointed position within the employee organization; or

     (3)  A public employee who is designated by the exclusive representative as a representative for the employees in an appropriate bargaining unit.

     "Falsely impersonate an employee organization representative" means to use fraud, misrepresentation, material omission with the specific intent to deceive, or deceit in making a verbal or written communication that purports to be authorized or otherwise approved by an employee organization but has not been authorized or approved by the employee organization."

     SECTION 2.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.

Report Title:

Public Employees; Employee Organization Representative; False Impersonation; Prohibition; Cause of Action; Penalties

Description:

Prohibits a person from falsely impersonating an employee organization representative.  Establishes a cause of action and penalties for violations.  (SD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

relating to false impersonation of union representatives.

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

     SECTION 1.  Chapter 89, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§89-    Employee organization representative; false impersonation; prohibited; cause of action; penalties.  (a)  No person shall falsely impersonate an employee organization representative.

     (b)  An employee organization alleging a violation of this section may bring a civil action in a court of competent jurisdiction for injunctive relief; payment of damages, which may include punitive damages; or other appropriate relief.

     (c)  In addition to any other damages that may be claimed, a plaintiff shall receive liquidated damages in an amount of $           per incident in any action in which the plaintiff establishes that the defendant falsely impersonated an employee organization representative.

     (d)  For the purposes of this section:

     "Employee organization representative" means:

     (1)  An employee, staff member, or any agent of an employee organization;

     (2)  A member of an employee organization who serves in an elected or appointed position within the employee organization; or

     (3)  A public employee who is designated by the exclusive representative as a representative for the employees in an appropriate bargaining unit.

     "Falsely impersonate an employee organization representative" means to use fraud, misrepresentation, material omission, or deceit in making a verbal or written communication that purports to be authorized or otherwise approved by an employee organization but has not been authorized or approved by the employee organization."

     SECTION 2.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.

Report Title:

Public Employees; Employee Organization Representative; False Impersonation; Prohibition; Cause of Action; Penalties

Description:

Prohibits a person from falsely impersonating an employee organization representative.  Establishes a cause of action and penalties.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

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,

STAND. COM. REP. NO. 2265

Honolulu, Hawaii

RE:     S.B. No. 3055

        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. 3055 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 prohibit a person from falsely impersonating an employee organization representative and establish a cause of action and penalties for violations.

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

     Your Committee finds that individuals who fraudulently present themselves as union representatives can cause significant harm by spreading misinformation, creating confusion regarding representation rights, and potentially disrupting labor negotiations.  This measure prohibits such deceitful conduct and holds violators accountable to protect the integrity of the collective bargaining process and ensure that public employees are not misled by unauthorized actors.

     Your Committee acknowledges testimony by the University of Hawaii Professional Assembly that the definition of "falsely impersonate an employee organization representative" is overly broad, specifically, that the inclusion of "material omission" without a clear requirement of malicious intent could inadvertently penalize employee representatives who make an honest mistake.  Therefore, amendments to this measure are necessary to address this concern.

     Accordingly, your Committee has amended this measure by clarifying the definition of "falsely impersonate an employee organization representative" specifying that a specific intent to deceive is required for a material omission to constitute false impersonation.

     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. 3055, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 3055, S.D. 1, and be referred to your Committee on Judiciary.

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