Loading...
HomeMy WebLinkAbout10-17-2012 Agenda Packet Regina Carvalho Members: Chair Jade Battad Cherie Mooy Kanani Alapa Anne Punohu Vice-Chair Uh'i Castor Lisa Ellen Smith Secretary Ex-Officio Savita Agarwal Treasurer COUNTY OF KAUAI CONMTTEE ON THE STATUS OF WOMEN NOTICE OF MEETING AND AGENDA Wednesday, October 17, 2012 5:00 p.m. or shortly thereafter Mo'ikeha Building,Meeting Room 2 A/B 4444 Rice Street, Lfu'e, HI 96766 CALL TO ORDER APPROVAL OF MINUTES Regular Open Session Minutes of September 19, 2012 TREASURER'S REPORT CSW 2012-19 FY 2012-13 Committee on the Status of Women Budget. BUSINESS CSW 2012-10 Discussion on co-sponsorship for FY 2012/13. (On-going) (a) Communication dated 06/05/12 from Edie Ignacio-Neumiller,President of the Kauai Zonta Club,regarding possible partnership with the members of the Committee on the Status of Women on their upcoming events. CSW 2012-21 Review and discussion on the information from Lisa Ellen Smith, State Commission on the Status of Women Representative, on several women's legislative bills that were presented at this year's legislative session. (On-going) CSW 2012-22 Discussion on outreach to middle schools regarding issues of self-esteem,body image,peer pressure and making better choices. (On-going) CSW 2012-28 Discussion on information from Lisa Ellen Smith as it relates to potential State funding that the Committee on the Status of Women may utilize in the future. An Equal Opportunity Employer CSW 2012-29 Discussion on current Committee Member's terms. CSW 2012-30 Discussion on scheduling a Committee dinner. ANNOUNCEMENTS Next Meeting-November 7, 5:00 p.m. at the Mo'ikeha Building, in Meeting Room 2 A/B. EXECUTIVE SESSION Pursuant to Hawai'i Revised Statutes,H.R.S. §92-7(a),the Committee may,when deemed necessary, hold an Executive Session on any agenda item without the written public notice if the Executive Session was not anticipated in advance. Any such Executive Session shall be held pursuant to H.R.S. §92-4 and shall be limited to those items described in H.R.S. §92-5(a). Discussions held in Executive Session are closed to the public. ADJOURNMENT cc: Deputy County Attorney Mona Clark PUBLIC COMMENTS and TESTIMONY Persons wishing to offer comments are encouraged to submit written testimony at least 24-hours prior to the meeting indicating: 1. Your name and if applicable,your position/title and organization you are representing; 2. The agenda item that you are providing comments on; and 3. Whether you will be testifying in person or submitting written comments only. 4. If you are unable to submit your testimony at least 24 hours prior to the meeting,please provide 10 copies of your written testimony at the meeting clearly indicating the name of the testifier; and While every effort will be made to copy, organize and collate all testimony received,materials received on the day of the meeting or improperly identified may be distributed to the members after the meeting is concluded. The length of time allocated to persons wishing to present verbal testimony may be limited at the discretion of the chairperson or presiding member. Send written testimony to: Committee on the Status of Women Attn: Ihilani Laureta Office of Boards and Commissions 4444 Rice Street, Suite 150 Lhu`e,HI 96766 E-mail: ilaureta@kauai.gov Phone: (808) 241-4881 Fax: (808)241-5127 Committee on the Status of Women—October 17, 2012 2 P a g e SPECIAL ASSISTANCE If you need an alternate format or an auxiliary aid to participate, please contact the Office of Boards and Commission Support Clerk at(808) 241-4881 at least five(5)working days prior to the meeting. Committee on the Status of Women—October 17, 2012 3 1 P a g e 0�01101000'0 r�ue�d.��,�COUNTY OF KAUAI ,4 Minutes of Meeting OPEN SESSION Board/Committee: COMMITTEE ON THE STATUS OF WOMEN Meeting Date September 19,2012 Location Mo'ikeha Building—Meeting Room 2A/B Start of Meeting: 5:00 p.m. End of Meeting: 5:40 p.m. Present Chair Regina Carvalho; Members: Uli'i Castor; Savita Agarwal; Jade Battad Also Deputy County Attorney Mona Clark; Board&Commissions Office Staff. Support Clerk Lani Agoot; Administrative Aide Teresa Tamura Excused Kanani Alapa, Cherie Mooy Absent SUBJECT DISCUSSION ACTION Call To Order Chair Carvalho called the meeting to order at 5:00 p.m. Approval of Regular Open Session Minutes of April 18, 2012 Ms. Castor moved to approve the minutes as Minutes circulated. Ms. Agarwal seconded the motion. Motion carried 4:0 Treasurer's CSW 2012-19 FY 2012/2013 Committee on the Status of Women Budget Report Chair Carvalho asked how much money was earmarked for the Leadership Conference and the Health and Wellness Fair. She wanted to know if these funds could be used for other events in this fiscal year since they were not used on the events they were budgeted for. Deputy County Attorney Mona Clark said she believed they could. Chair Carvalho asked if Ms. Castor could provide this information in her Treasurer's Report at the next meeting for further discussion. Communications CSW 2012-25 E-mail dated(6/6/12) from Hawaii State Committee on the Status of Women Representative Lisa Ellen Smith regarding Pulama I Ka Ohana Women's Health Conference, September 10& 11, 2012 Chair Carvalho commented that she wasn't sure when the communication was received but if an email could be sent to Lisa Ellen asking her if in the Committee on the Status of Women Regular Open Session September 19, 2012 Page 2 SUBJECT DISCUSSION ACTION future the Committee could receive any communications coming from the State as soon as she knows about them in order to better plan for the event. Business CSW 2012-10 Discussion on co-sponsorship for FY 2012/2013 (On- going) (a) Communication dated(6/5/12 from Edie Ignacio-Neumiller, President of Kauai Zonta Club,regarding possible partnership with the members of the Committee on the Status or Women on their upcomin events vents Chair Carvalho shared with the Committee that the Zonta Club wanted to partner with the Status of Women and asked the Committee members if they were open to partnering with the Zonta club to which the Committee members responded in agreement. Ms. Battad said this would provide the Committee an opportunity to get involved with some of the Zonta Club's events as well. Chair Carvalho requested this be an ongoing item on the next agenda and that Edie Ignacio-Neumiller is invited to participate in the discussions. Chair Carvalho went on to say that recently she and Savita attended a Zonta Club meeting and it was a great way to get more exposure in the community. CSW 2012-21 Review and discussion on the information from Lisa Ellen Smith, State Commission on the Status of Women Representative, on several women's legislative bills that were presented at this legislative session Chair Carvalho informed the Committee that Lisa Ellen was in attendance at the Zonta Club meeting as well and gave a very informative presentation on the legislative bills. Chair Carvalho requested that this item be ongoing on the next agenda and that Lisa Ellen be invited to attend for further discussion on this matter. Committee on the Status of Women Regular Open Session September 19, 2012 Page 3 SUBJECT DISCUSSION ACTION Ms. Castor commented that she thought she remembered Lisa Ellen mentioning funding available at the State level that the committee could possibly use in the future. Chair Carvalho agreed and requested that this discussion also be put on the October 17, 2012 agenda. CSW 2012-22 Discussion on outreach to middle schools regarding issues of self-esteem,body image,peer pressure and making better choices Ms. Agarwal shared with the Committee that she felt support for young girls should start early and that middle school seemed like a good age. She said if the Committee wanted to focus on an older group of girls that she was open to that idea. Ms. Agarwal said that a lot of young girls lack a positive role model in their life. Ms. Agarwal said she wanted to empower young women to become strong women. Ms. Battad agreed with Ms. Agarwal that they were encouraging all things for women, for equality and the ability to stand up and be heard and to do great things for women. She also agreed that it needs to start when the girls are young and to show them women who are productive members of society and what they have done to be successful in spite of any odds. Ms. Battad agreed that a mentor or some type of an example would be beneficial. She said since they didn't do the Leadership Conference and they weren't going to do the Health and Wellness fair that maybe they could do something in this area. Ms. Battad said specifically that she knew that Waimea has had a lot of struggles and she felt it would be very beneficial and inspirational for them to have an event held in their area. Chair Carvalho asked for ideas about how to connect with Waimea High School. Ms. Agarwal suggested that they speak with the school Principal Committee on the Status of Women Regular Open Session September 19, 2012 Page 4 SUBJECT DISCUSSION ACTION and counselors and team up with them. She said they would need to go to Waimea and give presentations and possibly offer after school sessions with the girls who are interested. Chair Carvalho added that speaking with the PC &C's (Write it out?) in the schools who know families with issues as well as the Superintendent and ask if they could assist in connecting with the schools. Ms. Battad commented that Theresa Koki with the Life's Choices Program is an excellent resource. She said she was sure Waimea High School would be interested and thought Theresa could help with program ideas and implementation. Ms. Castor agreed that Theresa Koki would be a great resource. She said Ms. Koki could give the Committee some guidance as to where they could start because the youth needed help as well as the parents in the Waimea community. Ms. Battad added that the Committee on the Status of Women was in a restructure mode and that is why she feels partnerships are very important at this time. Ms. Battad stated that partnering up with the Zonta Club would be beneficial for the Committee because they are already established and would give the Committee a strong base to work from. Ms. Agarwal added that the Committee could partner up with anybody who is willing. Ms. Battad said she would be willing to contact Theresa Koki about their ideas and report back to the Committee. Chair Carvalho asked Ms. Battad to invite Ms. Koki to a meeting. Ms. Battad agreed and asked that this item continue on the next agenda for further discussion. Committee on the Status of Women Regular Open Session September 19,2012 Page 5 SUBJECT DISCUSSION ACTION CSW 2012-26 Discussion and decision making for October Breast Cancer Awareness Mini Walk Chair Carvalho informed the Committee that Ms. Battad and Linda Bothe spearheaded the event last year. Ms. Battad said they had the idea that they wanted to "Paint the Town Pink"with people walking and talking and that she felt everyone really liked the event. Chair Carvalho discussed with the Committee possible dates for the Mini Walk, and the Committee decided on October 26, 2012, from 11:30 to 1:30. Further discussion took place regarding refreshments such as fruits, water, crystal light, and giveaways such as bags and breast exam information. The Committee decided to keep the name of the event the same as last years, "Paint the Town Pink". Ms. Battad asked if a request could be made to the Mayor allowing everyone to wear pink on that day for the event. Chair Carvalho added that the event could be put on the community calendar as well. She also suggested that the American Cancer Society should be invited to information to hand out to the participants. Ms. Battad offered to talk to Katie at the American Cancer Society and see what type of flyer information they had available to hand out. Chair Carvalho asked the Committee who had contacted the Police Officers last year that came and participated in the walk. Ms. Battad said they just showed up and followed the group and stopped traffic for them. She said she would send them an email and invite them again this year. Chair Carvalho said she didn't want all the work to fall on one person and that she would be willing to do the publicity for the event. She said she would make a flyer and send it to different organizations like the hospitals, Committee on the Status of Women Regular Open Session September 19, 2012 Page 6 SUBJECT DISCUSSION ACTION the Zonta Club, and the Women in Need Shelter. Ms. Battad said that Ho`ola La`hui Hawaii attended last year and that they would be a good source of contact as well. Chair Carvalho asked the Committee about the balloons they had last year and Ms. Battad clarified that the American Cancer Society provided the balloons. Chair Carvalho said she wanted to have balloons again this year and asked Ms. Battad to follow up with Katie on that as well. Ms. Carvalho asked if the helium tank for the balloons could be put in the budget. Ms. Battad said that last year they actually decorated the street and it was a lot of work. She suggested that this year in addition to wearing pink they carry the balloons with them to avoid so much work before and after the event. Chair Carvalho asked if anyone wanted to be responsible for the refreshments such as ice, a cooler, and fruits. Ms. Battad suggested they use paper cups and a cooler of ice water. Ms. Agarwal suggested they rent a water dispenser,possibly with Menehune Water Company. Ms. Battad also suggested Arizona Tea and Crystal Light as refreshments. Ms. Battad said she usually brings the jugs of water for the Halloween Spooktakular and would be willing to bring them for the event. The Committee discussed various fruits they could provide and decided on apples, oranges, and grapes. Ms. Agarwal volunteered to be in charge of the fruits. Ms. Battad inquired about the helium tank they hand last year and thought that Paula Morikami with Boards and Commissions provided the tank. Committee on the Status of Women Regular Open Session September 19, 2012 Page 7 SUBJECT DISCUSSION ACTION CSW 2012-27 Discussion and decision making regarding Commissioner's commitment to the Status of Women Committee and a possible change to the number of Commissioners that sit on the board to address quorum related issues Chair Carvalho asked the Committee members to think of one person they know who might be interested in becoming a member of the Committee on the Status of Women. Someone they could rely on and who shared their same passion for women's issues. Chair Carvalho asked Teresa Tamura for an update on the application that had been submitted for a possible member. Ms. Tamura responded that the application had been processed and sent to the Mayor's office for approval. Chair Carvalho said she would follow up with Cathy in the Mayor's office. Chair Carvalho asked for information regarding the terms of each Committee member and when each term would expire. Lani Agoot said she would provide that information at the next meeting. Chair Carvalho reported to the Committee that Kanani Alapa has requested a leave of absence until the end of the year but was still on the Committee. She said that Anne Punohu was sent a letter thanking her for all her help with the Committee and that because of our issues with quorum she was asked to resign. The Committee discussed having a dinner and wanted clarification from the Deputy County Attorney if that was something they could do and if so, would it be an appropriate budget item. Ms. Clark said if they discussed Committee business they would have to notice the dinner. Ms. Battad requested that this become an agenda item for the October 17, 2012 meeting. Announcements Next meeting scheduled for October 17, 2012 at the Mo`ikeha Building, meeting room 2A-2B. Committee on the Status of Women Regular Open Session September 19, 2012 Page 8 SUBJECT DISCUSSION ACTION Adjournment Ms. Battad moved to adjourn the meeting at 5:40 p.m. Ms. Castor seconded the motion. Motion carried 4:0 Submitted by: Reviewed and Approved by: Lani Agoot, Staff Support Clerk Regina Carvalho, Chair ( ) Approved as circulated(add date of meeting approval). ( ) Approved as amended. See minutes of meeting. r Committee on the Status of Women Budget for fiscal Year 2012-13 Effective 07/01/12—06/30/13 Total Budget $2000.00 Proposed Events Appropriated Funds Mileage Reimbursement x 4 Quarters -$350.00 Members: Uli'i Castor Kanani Alapa Cherie Mooy July 2012 No event August—2" Annual Essay Contest 2012 September Women's Health Month 2012 October Women's Health Month ■ Breast Cancer Awareness Walk November December 2013 March Women's History Month 2013 April Equal Pay Day Month A Proclamation o Walk A Mile in Her Shoes Event - KCC 2013 May 2013 June (25W0?0xa-ca COMMITTEE ON THE STATUS OF WOMEN EXPENSE BALAN CE FY 2012-13 Request Paymt Paid To Description Supplies Food Travel Fees Printing&Date Date (Name) (Include date and location of events) Advertising Mileage x 4 Quarters for members: Ala a,Castor,and Moo 350.00 Subtotal Expenses TOTAL Mmmses 350.00 2012- 13 amxi $ 2,000.00 Rstt&MNG BALAKCS , Zonta Club Z of Kauai Mcmber of Zonta Inmr=f ions! Charter No. 254, April 1, 1952 P.O. Box 3032, Lihue, HI 96766 Email: zontakauaiCammail.com, www.zonta-kauai.org June 5, 2012 Regina Carvalho, Chair Kauai County Committee on the Status of Women Dear Regina, Zonta Club of Kauai would like to work in partnership with the members of the Committee on the Status of Women with your service projects for 2012—2013. We are interested in teaming what some of your service projects are. 1 would like to present your service projects to our Service Committee and Executive Board for consideration. If this request can be put on your next meeting agenda, either myself or our Service Committee can be present so a discussion can start. I look forward to hearing from you soon and hopefully working with your committee. You can reach me evenings and weekends at 639-9973 or by email. Aloha Edie Ignacio Neumiller, Preside�nt Zonta Club of Kauai Email: ainapono amail.com cc: MaBel Fujiuchi, Service Committee Chair Darrellyn Lemke, Service Committee Co-Chair Mission of Zonta International: Zonta International is a global organization of executives and professionals working together to advance the status of women worldwide through service and advocacy (IGUI era - 10 Mercedes Youn From: Lisa Ellen Smith[debrannan @gmail.cotn] Sent: Wednesday,June 06, 2012 9:59 AM To: Mercedes Youn Subject: Good Morning Attachments: HSCSW Mandate color web.pdf. HB2228_H01_TESTIMONY_JUD_02-21-12_.pdf Follow Up Flag: Follow up Flag Status: Flagged Categories: Red Category Dear Mercedes, At the HSCSW meeting held yesterday. We were provided with the following legislative report. Several women's legislative bills faced our representatives this year. At the beginning of the legislative session we attended the opening of the Hawaii Women's Legislative Caucus to review and supported those bills. Here is a link to the list of bills: htty•%'www.capitol.hawaii.pov/report.aspx?type=package&key-12&name—Women%27s+LeaislatiN,e+Caucus HB 2232 Informed Consent bill did pass this legislative session.This bill "Prohibits physicians,osteopathic physicians, surgeons, or students participating in a course of instruction, residency program,or clinical training program from performing a pelvic examination on an anesthetized or unconscious female patient unless the patient gives prior verbal or written informed consent to the pelvic examination, the performance of a pelvic examination is within the scope of care for the surgical procedure or diagnostic examination scheduled to be performed on the patient, or the patient is unconscious and the pelvic examination is required for diagnostic purposes." The Justice Reinvestment Act did pass, this bill will help reduce this state's dependence on out-of-state prisons, as of 2011, 1/3 of Hawaii's prisoners are housed out of state. Other specific women's bills that did not passed were the sexual education bill which would have "Amend(ed) existing sex education law. Require curricula to include information on abstinence, contraception,and STUHIV prevention methods; also(would have)require curricula to help students develop healthy relationship skills, including problem solving, stress management and decision making skills.(Would have) Require Departments of Health and Education to supply public with a list of sex education curricula and establish minimum education and training qualifications for sex ed instructors. Allowed)parents to opt-out of this instruction for their children. Another women's legislative issue that did not pass was the the reasonable accommodations bill (breast feeding) "which would require employers with twenty or more employees to make reasonable etforts to provide a clean location for breastfeeding employees to express breast milk in privacy. and the emergency contraceptive information. I've attached our letter written by our Executive Director Catherine Betts. It can be noted here that Hawaii does have the following protections for breastfeeding: Hawaii Rev. Stat. � 367-3 (1999) requires the Hawaii Civil Rights Commission to collect, assemble and publish data concerning instances of discrimination involving breastfeeding or expressing breast milk in the workplace. The law prohibits employers to forbid an employee from expressing breast milk during any meal period or other break period.(1IB 266) csW 2012-21 AM /ft Hawaii Rev. Stat. $ 374-2 provides that it is unlawful discriminatory practice for any employer or labor organization to refuse to hire or employ, bar or discharge from employment,withhold pay from,demote or penalize a lactating employee because an employee breastfeeds or expresses milk at the workplace. (2000 Hawaii Sess. Laws, Act 227, HB 2774) Hawaii Rev. Stat. ' 489.21 and ` 489-Z2 provide that it is a discriminatory practice to deny,or attempt to deny, the full and equal enjoyment of the goods, services, facilities. privileges, advantages, and accommodation of a place of public accommodations to a woman because she is breastfeeding a child. (citation 6/6/2012: http.-/'www ncsl-orWissues 4esearciibealtivbreastfeedins,-state-laws.aspx) The Emergency Contracepti-e bill also did not pass. This bill would have "Require(ed) hospitals to provide survivors of sexual assault with medically and factually accurate and unbiased information regarding emergency contraception, as well as access to emergency contraception." Note Hawaii does allow a pharmacists working with a physician and with the appropriate training to initiate emergency contraception oral drug therapy, HRS 461-1 The Chair Leslie Wilkins(Maui)reported about an upcoming event "Women of Power: Stand Down for Women"July 12 at the Honolulu Design Center this will be a partnership with the YWCA and Veterans organizations in providing opportunities to returning women veterans find civilian employment. The event will be held 9-4 and will have networking opportunities as wellas career workshops. Hawaii will have 900 women returning home in the next 18 months. In addition, with the end of the fiscal year upon us, there are unencumbered funds that needed to be dedicated. I have learned that Big Island and Maui have made direct funding requests for specific projects that they have supported. Representative Elena Cabatu provided us examples of radio ads produced by local student and funding was provided by HSCSW to purchase air time, Hawaii County also produces an islandwide Urgent Services Directory and HSCSW has helped with the printing costs, and a general request for S 1,000 to help promote their four annual events such as their Why Walk event. check will be sent to the Kauai Commission for use on projects related to the mandates of the law(attached). Examples will be included in the letter to be sent by our executive director Cathy Betts. At yesterday's HSCSW,we voted to have a table at next week's 35th Annual YWCA Luncheon (information below), we extend a seat to each of the County's Chair's or designated member. i realize this is very short notice and flight was not included,however. please extend to Uli or her designated that Kauai has a seat available and all expressed a desire to have someone from each island attend, if no one is able to attend, could you let me know by Friday, if possible. I was unable to attend the March meeting, due to a prior obligation, please note the above event was discussed and decided just yesterday. LE http:!/www.vwca.ori.,,,sitc,'p2.as ti'c=9tLGJSOyl-1pE&b=295047 El 2 �t HAWAII STATE COMIMISSION ON THE S'T'A'PE'S OF WOMEN Hawaii Revised Statutes (HRS) 367 Purpose. The legislature finds that the -work of the ;tat(, commt:<ivn on the status of women. established by the governor by executive order on May 13, 1964. demonstrates the need for a continuing body to aid in the implementation of its recotnmendations, to develop long-range goals, and to coordinate research planning. ;programming, and action on the opportunities, needs. problems. and contributions of women in Iiawaii. It is the purpose of this chapter to provide fora statewide program,on a permanent-and continuing basis, on the status of women in I iawan. Powers and duties of commission. The commission shall: ;1) :ict as a central cicatztnghou!zr anti c„,,rdtutanng hock- for governmental anti nongovernmental .tctivitic•s :tnd relatitig to ehc -;t:t(us id (2) (.re.erc public a,varc:ncs, and unders,a_tdnig of the responsibilities. needs,potentials, and contribution,ut',,voinc•n and their talcs in the changing <,Wx'tr: (3) Recommend legislative and administrative acrtc,n on equal treatment and opportunities for women; f ) Encourage a tong-range program of eciuca(ir,n ,,f:v„men m (heir polincal rights and rc.;ponsibtlttit s,particularly with respect to their voting duties. ��) Maintain couitactc with appropriate federal,state,local,and international it,, concerned \vtth the status of Women. 16) Cooperve and collaborate with national grc>ut7s ,M 'hc :rat-_!, of ,met: anti arrange for participation by representatives of the State in V"ntte I louse conferences and other national conferences from time to rime. ?` tidmrtttstrr tur.ds silos a(ctf t�,* its work;be auth<�nzed to accept, disburse,and allocate funds that mat• become available from other governmental and private sources.provided that all such funds shall be disbursed or allocated to compliance with am specific designation stated by the donor and in the absence of such specific de�tgnatton,such funds shall be disbursed Or allocated on projects related to am- of the purpose. of this chapter: and '.8 Submit an amnual rc'por* `.t':'ll rc'C't,l?if'.11'n11;!(1":1'• to the governor and the legislature. HAWAII STATE February 20,2012 COMMISSION ON THE STATUS Testimony in Support of HB 2228,HD 1 OF To: Representative Gilbert S.C. Keith-Agamn,Chair WOMEN Representative Karl Rhoads,Vice Chair Members of the House Committee on-Judiciary From: Catherine Betts,Esq., Executive Director, Hawaii State Commission on the ?f a 9 Status of Women of :;r� `'' • �' Re:Testimony in Support of HB 2228,HD 1,Relating to Breastfeeding in the Workplace y ,.J On behalf of the Hawaii State Commission on the Status of Women,I would like to express my support of this bill,which would require employers with twenty or more employees to make reasonable efforts to provide a clean location for breastfeeding employees to express breast milk in privacy. Chair LESLIE WILKINS In 2009,50%of all mothers with children younger than twelve months old were employed. 69%of these women worked full time. ' Working mothers face a difficult COMMISSIONERS: challenge when returning to work. Steady employment almost always takes priority over ELENA CABATU the desire to continue breastfeeding one's child. Many employers do not recognize the ADRIENNE KING many economic benefits that follow when female employees are allowed to continue CARMILLE LIM breastfeeding,including Iower health care costs,lower absenteeism,and lower turnover AMY MONK rates. Employees whose employers provide breastfeeding support report improved LISA ELLEN SMITH CAROL ANNE PHILIPS morale,better satisfaction with their employment and higher productivity. Executive Dlreda While federal legislation requires employers with more than 50 employees to Catherine Betts, Esq. provide reasonable break time for employees to breastfeed,this legislation would expand the reach to employers with more than 20 employees. While it is the Commission's position that all employers,regardless of the number of employees,should be required to Email: make reasonable efforts to provide a clean location for breastfeeding,we nonetheless DHS.HSCSW@hawaii.gov support HB 2228,HD I,and respectfully request that this Committee pass this important Web: piece of legislation. Furthermore,as amended in HD 1,a civil fine of$50.00 for each www.haw8n.90v1dhs1w0men1 violation is reasonable. HSCSW 235 s Beremnle 4407 Thank you for this opportunity, Honobilu.HI 9813 Phone:e08--AW5758 Catherine Betts,Esq. FAX 808-586-5756 ' U.S. Department of Labor,Bureau of Labor Statistics,Table 6, Employment Status of Mothers(2010). 2 The Business Case for Breastfeeding,U.S. Department of Health and Human Services, Health Resources and Services Administration(2008). s W, a� w OFFICE of HAWAIIAN AFFAIRS Legislative Testimony HS 2228 Relating to Breastfeeding in the Workplace Committee on Judiciary February 9 20I2 2.00 a.m. Room 325 The Office of Hawaiian Affairs(OHA)SUPPORTS HS 2228,which requires employers with twenty or more employees to make reasonable efforts to provide a clean location for breastfeeding employees to express breast milk in privacy,and provides for a civil fine for failure to comply. OHA's strategic plan includes a health priority,which states that to improve the quality and longevity of life, Native Hawaiians will enjoy healthy lifestyles and experience reduced onset of chronic diseases. According to the United States Department of Health&Human Services, Office of Women's Health(OWH)and the Agency for Healthcare Research and Quality(AHRQ), breast milk reduces the risks for the onset of chronic diseases in infants by lowering the risks for respiratory infections,Asthma(young children),types I &�I Diabetes,obesity and childhood leukemia. Breastfeeding has also been shown to lower the risk of atopic dermatitis in babies(a type of skin rash)and SIDS(Sudden infant Death Syndrome). In addition to improving the health of the infant, breastfeeding also improves the health of the lactating mother. Native Hawaiian women are at a higher risk for type 11 diabetes,as well as breast and ovarian cancer. For a lactating mother,there is a reduced risk for these chronic diseases. The long term health outcomes and wellness enhanced values of breastfeeding to the mother not only create healthier mothers,they create healthier employees,which is good for business outcomes. OHA encourages the State and employers use this opportunity to launch workplaces and worksites that promote health and wellness amongst the employees. Both men and women can benefit from a worksite that promotes wellness. The health and economic benefits of breastfeeding at the worksite far outweigh the costs of this initiative. Therefore,OHA urges the committee to PASS HB 2228. Mahalo for the opportunity to testify on this important measure. i i 5.* vso ♦� F d 83p pu�CRgOwl S-mmT.Roos 411 HOW)�ulu.Ht%813•PHaa6:5868636 FNc:586 8&55 FaD 56$8691 February 21,2012 2:00 pm Room 325 To: The Honorable Gilbert Keith-Agaran,Chair and Members of the House Committee on Judiciary From: Linda Hamilton Krieger,Chair and Commissioners of the Hawaii Civil Rights Commission RV H B No.2228,H.D.I The Hawaii Civil Rights Commission(HCRC)has enforcement jurisdiction over state laws prohibiting discrimination in employment,housing,public accommodations, and access to state and state-funded services. The HCRC carries out the Hawaii constitutional mandate that"no person shall be discriminated against in the exercise of their civil rights because of race,religion,sex or ancestry". Art.1,Sec.5. H.B. 2228,H.D.1 would amend H.R.S. §378-10 to require employers with 20 or more employees to make reasonable efforts to provide a clean location for breastfeeding employees to express breast milk in privacy. The proposed amendment partially conforms H.R.S. §378-10 to the provisions of the Fair Labor Standards Act(FLSA,29 U.S.C. §207(x)), which require an employer to provide a place,other than a bathroom, that is shielded form view and free from intrusions from coworkers and the public for an employee to express breast milk The F-SI A requirements, which took effect in 2010, 1 apply to employers with 50 or more employees. FSLA protections for breastfeeding fall under the jurisdiction of the U.S. Department of Labor(DOL)Wage and Hour Division, and not the HCRC's federal counterpart,the U.S.Equal Employment Opportunity Commission(EEOC). The HCRC supports the intent of S.B.2573,as it has consistently supported proposals requiring or encouraging employers to allow and make accommodation for breast feeding and expression of breast milk. However,the HCRC objects to the placement of this new regulation under the enforcement jurisdiction of the HCRC. While this is good policy,it is unlike the civil rights protections against discrimination in the laws that the HCRC enforces. Again,it is worth noting that the federal FLSA is not enforced by our counterpart,the EEOC,but by the US DOL Wage and Hour Division. More to the point,the proposed breastfeeding protections are health and safety regulations,rather than civil rights protections within the enforcement mandate of the HCRC. Specifically,the HCRC does not have the expertise or facilities to determine whether a location is"clean". Accordingly,the HCRC strongly urges the Legislature to move the current breast feeding protections in H.R.S. §378-10 and any new regulation enacted,out of M.R.S. chapter 378, part L and HCRC jurisdiction. The breast feeding law should be placed under the jurisdiction of an agency that has expertise and facilities required to effectively enforce the law. And finally,there are costs associated with enactment of laws that are a mish- mash of dissimilar protections,in this case a regulation that is not a civil rights protection,without a conceptual framework,and putting them under the jurisdiction of 2 u� the HCRC. The HCRC has lost over 25%of its general funded full time permanent enforcement staff(investigators and attorneys), while the lcgislature continues to add protected bases to the HCRC's enforcement jurisdiction and responsibility. It takes enforcement resources to plan and prcpare to enforce new protections,especially novel ones,regardless of the number of complaints that are actually filed. Enforcement resources spent on these newly assigned responsibilities directly affect the investigation, conciliation, and prosecution of all cases involving claims of discrimination involving race,sex,disability,etc. For these reasons,the HCRC urges this Committee to amend H.B.2228, H.D.1 to take the existing and proposed breastfeeding protections out of H.R.S.chapter 378,part I, and HCRC jurisdiction,and place this regulation under the jurisdiction of an agency that has appropriate expertise. Thank you for considering the HCRC's concerns. 3 { s I January 30,2012 To: Representative Gilbert Keith-Apran,Chair Representative Karl Rhoads,Vice Chair and Members of the Committee on Judiciary From:Jeanne Ohta,Co-Chair RE: HB 2228 HDI Relating to Breastfeeding in the Workplace Hearing:Tuesday,February 21,2012,2:00 p.m.,Room 325 Position:Support Good afternoon,I am Jeanne Ohta, Co-Chair of the Hawaii State Democratic Women's Party testifying in support of HB 2228 HDI, Relating to Breastfeeding in the Workplace.The Hawaii State Democratic Women's Caucus is a catalyst for progressive,social,economic,and political change through action on critical issues facing Hawai`i's women and girls. It is because of this mission,the Women's Caucus supports this measure. According to the US Department of Health and Human Services Office on Women's Health, breastfeeding can help improve an infant's immune system,protecting her from germs and illness.It may also prevent illness such as ear infections,stomach viruses,asthma,obesity,types 1 and 2 diabetes,childhood leukemia,and some respiratory infections.' Mothers also benefit from breastfeeding,as it lowers the risk of breast and ovarian cancer,type 2 diabetes and reduces post partum depression-2 Nursing mothers returning to the workplace need adequate time and space to express breast milk while at work. In 2010,the Fair Labor Standards Act was amended to require that employers with more than 50 employees provide reasonable break time for employees to breastfeed as well as a private and clean space for expressing breast milk,other than a bathroom.3 Because we believe that all women deserve this same protection,we support HB 2228 HD1 as it expands that requirement to include employers of any size. Employment rights only benefit employees when they are clear and well known.We are aware that many employers and employees alike are unaware of the new breastfeeding provisions in FISH.This measure requires employers to make postings visible to employees informing them of their right to express breast milk at work. Because it protects the health of women and their children as well as promotes equality in the workplace,we support HB 2228 HDI. Please pass this measure. Thank you. 'US Dept of Health and Human Services,Office of Women's Health,Breastfee&ng Fact Skeet, htm:itwww womenabealth.eovj > ; � ' n !a"&I cations/fact-sheertb=Mcdjng,�#� z Id. 3 Fair Labor Standards Act,29 U.S.0§207(r)(1)(2010) Havrai i State temocraric Women's Caucus,1060 Ala Moans Blvd#046,Honolulu,Ht 96814, hidemo cradcwomenscaucus@yahoo.com (p3 Planned Parenthood of Hawaii 1350 S.King Street - Suite 349 a Honolulu,Hawaii 96814 - www.wbi.or¢ Phone:808-589-1156 Fax:808-589-1404 February 20,2012 Testimony its Support: HB 2228 HD1 To: Chair Gilbert Keith-Agaran,Vice Chair Karl Rhoads,and Members of the House Committee on Judiciary loom: Katie Polidoro, Director of Government Relations&Public Affairs Re: Testimony in Support of HB 2228 HD1,Relating to Breastfeeding In the Workplace Thank you for hearing HB 2228 HD1. Planned Parenthood of Hawaii(PPHI)strongly supports HB 2228 HD1,which would require employers to provide a clean and private location for new mothers to express breast milk and to post signs informing employees of their right to breastfeed in the workplace. Many new mothers are faced with difficult choices when returning to the workplace,including the ability to continue breastfeedin& The health benefits of breast milk for both infants and mothers have long been established. According to the US Department of Health and Human Services Office on Women's Health, breastfeeding can help improve an infant's immune system,protecting her from germs and illness. It may also prevent illness such as ear infections,stomach viruses,asthma,obesity,types 1 and 2 diabetes, childhood leukemia,and some respiratory infections.' Mothers also benefit from breastfeeding,as it lowers the risk of breast and ovarian cancer,type 2 diabetes,and reduces post partum depression. As the flow of breast milk is slowed by less frequent feeding,returning to the workplace may mean ceasing breastfeeding for some women.Employees who are offered a clean and safe space at work to express milk are able to work without compromising their ability to breastfeed. Currently,the Fair Labor Standards Act requires that employers with more than 50 employees provide reasonable break time for employees to breastfeed as well as a private and clean space for expressing breast milk,other than a bathrooms HB 2228 would expand this requirement to smaller employers who employ at least 20 people,therefore benefiting more of Hawaii's working mothers. The bill would also require employers to make postings visible to employees informing them of their right to express breast milk at work. PPHI believes that this posting will benefit many employees who are not currently aware that they have this right,as well as serve as a strong reminder to employers. PPHI believes in providing all individuals with the information and tools they need to raise healthy and strong families. Accordingly,we support HB 2228 HD1 and we ask this Committee to pass it. Thank you. 'US Dept.of Health and Human Services,Office of Women's Health,Breas#beding Fact Sheer, t} /www womenshealtb MyLOWicatinasi our-2ghUraUnns/fact-shot/b�t3g.efrn#a Yd. 3 Fair Labor Standards Act,29 U.S.0§207(r)(1)(2010) IIoaolnlu Health Center XwAna Kona Health Center Katmlm[Maul]Ream Center 1730s.f0a8 stoft%$*"sic 73-184 Hal"Rod.Salat 2ffi 140 Wale=Saver,soft 703 Bw"jk%W 9"14 KA—Kan.M 95740 M0064 W 9M 808 SN t il9 803329 8211 (A Mai Va&d iWay A¢nq) Ah IT Committee: Committee on Judiciary Hearing Date/Time: Tuesday,February 21,2012,,2-.00 p.m. Place: Room 325 Re: Testimony of the ACLU of Hawaii in strvng_support oL&B. 2228. HDL Relating to the Breastfze m in the Workplace Dear Chair Keith-Agaran and Members of the Committee on Judiciary. In order to ensure full equality for women,workplace policies and practices must appropriately reflect the realities of pregnancy, childbirth, and breastfeeding in many women's lives. Numerous barriers remain to women's continued workforce participation and advancement once they have children,with both short and long-term consequences for women's earning potential and economic security.' Insufficient support for breastfeeding for women who return to the paid workforce after the arrival of a baby is among these barriers. These were among the concerns that animated the enactment of the amendment to the Patient Protection and Affordable Care Act,Public Law 111-148("Affordable Care Act!D. Citing the growing percentage of women who return to work within three to six weeks of giving birth,Senator Merkley characterized the provision as"simply an act of human decency to protect their right to continue [to]breastfeed after they return to work. . . [t]o help meet their basic needs with[]regard to the care and nourishment of their children.'a He also cited health benefits for infants and nursing mothers, and savings in health care costs that could be expected as a result of the provision.3 Moreover,this provision of the Affordable Care Act reflects a strong policy on the part of the federal government,stretching back at least a quarter of a century,of promoting breastfeeding, See generally Pamela Stone,Opting Out?Why Worsen Really Quit Careers and Head Back Home(2047) (discussing structural barriers to professional women's continued advancement m the workplace after having children);Sylvia Ann Hewlett,On-Ramps and Off-Ramps:Keeping Women on the Road to Success(2007) (documenting that women who took a 2.2 to 3 year break from the workforce lost 181/6 to 37 0/cof their earning power,and that only 400/a were then able to return to paid full-time work despite a desire to do so);Marianne Bertrand et al.,Dynamics of die Gender Gap for Young Professionals in the Financial and Corporate Sectors,2 Am Econ.J.:Applied Econ.229,252(2010)(documenting incrcasing gap in career progress for female as compared to male M.B.A.s following graduation,and concluding that"ltjhe presence of children is the main contributor to the Igsser jab experience,greater career discontinuity,and shorter work hours for female MBAs'}. Z Markup Hearing on H.R.3590 Before the S.Comm on Health,Education,Labor,&Pensions, 111th Cong., t" Sess.(Jean.23,2004)(comments of Senator Markley,Senate Sponsor). 3 id. American Chili Litwoes Union of Hawaii P.O.Box 3410 Honolatu,Hawaii 86801 T: 808.522-S400 F: 808.522.OM E: ofgce®aeluhawaii.org www.acluhawan.org 1 Hon. Rep.Keith-Agaran,Chair,JUD Committee and Members Thereof February 21,2012 Page 2 of 2 including women's ability to continue breastfeeding upon return to the paid workforce.4 From the first federal summit on breastfeeding in 1984 to the signing of the World Health Organization Innocenti Declaration on the Protection,Promotion and Support of Breastfeeding in 1990,5 to as recently as this year,when the Surgeon General issued a"Call to Action to Support Breastfeeding"outlining steps that various sectors might take to improve breastfeeding rates, promotion of breastfeeding has been a"key public health issue in the United States."6 In light of the legislative concerns motivating this provision of the Fair Labor Standards Act(FLEA),and the strong federal public policy in favor of breastfeeding promotion,we strongly urge this Committee to expand the requirements of H.R.S. §378-10 to ensure that employers provide breastfeeding women with an appropriate space in their place of employment to express their breast milk. The mission of the ACLU of Hawaii is to protect the fundamental freedoms enshrined in the U.S. and State Constitutions. The ACLU of Hawaii fulfills this through legislative, litigation,and public education programs statewide. The ACLU of Hawaii is a non-partisan and private non- profit organization that provides its services at no cost to the public and does not accept government fnads. The ACLU of Hawaii has been serving Hawaii for over 40 years. Sincerely, Laurie A. Temple Staff Attorney 4 See United States Department of Health and Human Services,Offitce of the Surgeon General,The Surgeon General's Call to Action to Support Brwstfeeding at 5(2011)(hereinafter"Surgeon General's Call to Action"J discussing Federal Policy on Breastfeeding'). See Department of Health and Human Services,Office of Women's Health,IMS Blueprint for Action on Breastfeeding(2000),b9Rjh m w xmmen6h9d .&MANlt ;t+g Q . lueoriats/bluarntbk2.ndft United Nations Children's Fund,World Health Organization,Innocenti Declaration on the Protection.Promotion and Support of Breastfeeding(1990)(Adopted by U.S.at WHOA MCEF policymakers'meeting Breasifeeding in the 1990s.A Global Initiative,co-sponsored by the United States Agency for International Nvelopment and the Swedish International Development Authority(SIDA),in Florence,Italy), htta!/www un. Eoralr ro el eastfe din d=ocenti.htai. Surgeon Geneal's Call to Action,supra,at v. Amerieen CMI t.tberties Union of Hawaii P.O.Box 3410 Honolulu,Hawai'1 98801 T: 808.522-5904 F: 808.5223909 E: office@aetuhawaS_org www.ac[uhamil.org �1 Id�.AC�i E.OF NVOMEN VC11-;ftS� League of Women Voters of Hawaii 49 South Hotel Street, Room 3141 Honolulu, Hl 96813 www.iwv-hawaii.com 1808.531.74881 voters@iwvhawaii.com Judiciary committee Hearing: Tuesday,Feb. 21, 2012 'Time: 2:00 p.m. Place: 325 SUBJECT: HB2228 HD1 Relating to breast-feeding in the workplace POSITION:SUPPORT Testimony: Chair Keith Agaran, Vice-Chair Rhoads,Members of the Committee: I am testifying for the League of Women Voters of Hawaii. Thank you for hearing HB 2228. The League of Women Voters of Hawaii supports HB 2228,which would require employers to provide a clean and private location for new mothers to express breast milk and to post signs informing employees of their right to breastfeed in the workplace. New mothers are faced with difficult choices when returning to the workplace,including the ability to continue breastfeeding.This is a very important issue for young women and we want to support them as they build new families. The health benefits of breast milk for both infants and mothers have long been established. According to the US Department of Health and Human Services Office on Women's Health,breastfeeding can help improve an infant's immune system,protecting her from germs and illness-It may also prevent illnesses such as ear infections,stomach viruses, asthma,obesity,types 1 and 2 diabetes,childhood leukemia,and some respiratory infections. Mothers also benefit from breastfeeding,as it lowers the risk of breast and ovarian cancer,type 2 diabetes, and reduces post partum depression. These Health benefits cannot be overlooked Federal law requires that employers with more than 50 employees provide reasonable break time for employees to breastfeed as well as a private and clean space for expressing breast milk,other than a bathroom. HB 2228 would expand this requirement to an employer of smaller size, therefore benefiting more of Hawaii's working mothers.We hope that eventually all employers provide private,clean and safe places to do this. The bill would also require employers to post information visible to employees about their right to express breast milk at work. Thank you for the opportunity to testify Joy Marsha14 League of Women Voters of Hawaii COMN TTEE ON THE STATUS OF WOMEN—(Sec. 367-4,BRS) Term Application Resolution or Disclosure Not less than 7 at-large members appointed by the Mayor to staggered 4 Received Mayor's letter Received yr•terms. Appointment Date 2 ex-officio members include County Attorney and County Representative on State Commission on the Status of Women. Anne Punehu resigned 9/1742 O1/01/11-12/31/14 1/26/11 2nd Term(4 yrs) E.Kanani Alapa-Vice Chair 01/01/11-12/31/14 1/26/11 2nd term(4 yrs) Regina Michelle Carvalho-Chair 01/01/12-12/31/15 2/21/08 3/11/08 2nd Term(4 yrs) Charlene U.Castor-Treasurer 01/01/12-12/31/14 5/16/08 6/17/08 2nd Jade T.Battad- 01/01/11— 12/31/14 12/02/10 2nd Term(4 yrs) -Resigned 2/13/12 01/01/09-12/31/12 5/21/09 6/17/08 VACANT 0 Term(4yrs) Savita Agarwal-Secretary 01/01/11-12/31/14 1/26/11 2/10/11 0 Term(4 yrs) Cherie Mooy 01/01/11-12/31/14 04/14/11 2nd Term(4 yrs) Lisa Ellen Smith-Ex-officio(non-voting member) 8/13/07 3/11/08 Contact: Ihilani Laureta @ 4881 C-- tJ