HomeMy WebLinkAbout11-07-2012 Agenda Packet Regina Carvalho Members:
Chair Jade Battad
Cherie Mooy
Kanani Alapa
Vice-Chair
Uh'i Castor Lisa Ellen Smith
Secretary Ex-Officio
Savita Agarwal
Treasurer
COUNTY OF KAUAI COMMITTEE ON THE STATUS OF WOMEN
NOTICE OF MEETING AND AGENDA
Wednesday, November 7, 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 October 17,2012
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.
(On-going)
An Equal Opportunity Employer
CSW 2012-29 Discussion on current Committee Member's terms. (On-going)
CSW 2012-30 Discussion on possible donation options from the Committee on the Status of
Women to the YWCA Women's Domestic Violence Shelter.
CSW 2012-31 Information and discussion on the"Substance of Hope Program"provided by
Pbliya Negra.
ANNOUNCEMENTS
Next Meeting: December 5, 2012, 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.
Committee on the Status of Women—November 7,2012 2 1 P a g e
Send written testimony to:
Committee on the Status of Women
Attn: Milani 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
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—November 7,2012 3 1 P a g e
D'iRWIFITHIN10 p�ro�u COUNTY OF KAUAI .r
Minutes of Meeting
OPEN SESSION
Board/Committee:
TCOMMITTEE ON THE STATUS OF WOMEN Meeting Date I October 17,2012
Location Mo'ikeha Building—Meeting Room 2A/13 Start of Meeting: 5:08 p.m. End of Meeting: 5:58 p.m.
Present Chair Regina Carvalho; Members: Uli'i Castor; Cherie Mooy; Jade Battad
Also present: Deputy County Attorney Mona Clark; Board & Commissions Office Staff. Administrative Specialist Lani Agoot;
Support Clerk Ihilani Laureta
Excused Members: Savita Agarwal and Kanani Alapa
Absent
SUBJECT DISCUSSION ACTION
Call To Order Chair Carvalho called the meeting to order at
5:08 p.m.
Approval of Regular Open Session Minutes of September 19, 2012 Ms. Battad moved to approve the minutes as
Minutes circulated. Ms. Mooy seconded the motion.
Motion carried 4:0.
Treasurer's CSW 2012-19 FY 2012-13 Committee on the Status of Women
Report Budget.
Ms. Castor reported that she has confirmed with Paula Morikami, Boards Ms. Battad moved that a portion of the funds that
&Commissions Administrator,that the Committee has a total of$2,000.00 was earmarked for the 2013 Leadership
in its budget of which$350.00 is set aside for mileage reimbursements Conference and the 2012 Health&Wellness
which includes four(4) quarters. The remaining balance can be expended Fair be used towards the purchase of
towards future Committee planned events. refreshments and supplies for the October 2012
Paint the Town Pink Breast Cancer Awareness
Ms. Castor noted that a portion of the Committee's budget would be used Walk. Ms Mooy seconded the motion.
towards the purchase of supplies and refreshments for the Breast Cancer Motion carried 4:0.
Awareness Walk in October and that all receipts must be turned into Lani
Agoot for reimbursement.
Ms. Castor added that the funds must be expended by the end of the Fiscal
Committee on the Status of Women
Regular Open Session
October 17, 2012 Page 2
SUBJECT DISCUSSION ACTION
Year in 2013.
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.
Edie Ignacio-Neumiller, President,Zonta Club of Kauai, asked for
information on the Committee's planned events for 2013 so that she could
present it to their Service Committee and the Board can determine if there
are projects or events that they could collaborate together on. She stated
that the mission for the Zonta Club is advancing the status of women and
that one(1) event, if the Committee is interested in participating in, is the
International Women's Day on March 8, 2013.
Ms. Mooy asked Ms. Ignacio-Neumiller what the Zonta Club does to
commemorate International Women's Day. Ms. Ignacio-Neumiller
responded they combine the orientation of new members to Yellow Rose
Day and briefly read over the history.
Chair Carvalho confirmed with Ms. Ignacio-Neumiller that January 2013
would be the ideal date to confirm a partnership.
Chair Carvalho suggested a Member of the Committee attend a Zonta Club Committee to send Edie a list of its planned
meeting to share information, to which Ms. Ignacio-Neumiller confirmed events for the upcoming year; On-going
that the meeting dates are the first Thursday of each month at the Puakea discussion.
Regency in Puhi at 12:00 p.m.; lunch is optional at 11:30 a.m. with a fee of
$15.00.
Committee on the Status of Women
Regular Open Session
October 17, 2012 Page 3
SUBJECT DISCUSSION ACTION
■ 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)
Chair Carvalho noted that she and Lisa Ellen Smith were present at a
recent Zonta Club meeting to provide information on the status of
legislative bills. She requested that this item be on-going discussion. Ms. Mooy motioned to request the presence of
Lisa Ellen Smith at the next Committee Meeting
Chair Carvalho asked the status of Lisa Ellen Smith's membership as the to present information and discuss the women's
State Commission on the Status of Women Representative, to which Ms. legislative updates. Ms. Battad seconded the
Mooy asked whether Ms. Smith was now allowed to attend the Committee motion.
meetings. Ms. Battad confirmed that Ms. Smith is allowed. Motion carried 4:0.
■ CSW 2012-22 Discussion on outreach to middle schools regarding
issues of self-esteem,body image,peer pressure and making better
choices. (On-going)
Ms. Battad stated the reason for inviting Theresa Koki, Life's Choices
Coordinator to the meeting, is because of her extensive knowledge of
school-aged children as it relates to the agenda item.
Ms. Koki stated that the Committee on the Status of Women's presence
was missed at this year's Health&Wellness Fair. She thanked Ms. Mooy
for the Kauai Community College's participation in the Fair and that the
students were very pleasant, attentive, and professional to work with.
Ms. Koki stated that crime is worse in the home and as it relates to
domestic violence,there is cycle where if a boy sees his father beat his
mother, the child will most likely think it is okay and repeat that type of
behavior when he is older. With women in that situation,they grow u
Committee on the Status of Women
Regular Open Session
October 17, 2012 Page 4
SUBJECT DISCUSSION ACTION
thinking it is okay to be hit.
She stressed how children suffer due to domestic violence and used the
example of having to hear a 911 call from a child while the child's mother
is being beaten by someone with anger problems.
Ms. Koki stated that gender identity issues are prevalent today and that
children are in need of mentors; YWCA(Young Women's Christian
Association)would be a great organization to partner with as it relates to
this issue.
She highlighted that by the time a child hits middle school age it may be
too late and that it would be beneficial to start with elementary school age
children. Ms. Koki added that the after school A Plus program would be a
good place to start.
Ms. Koki said that girls who have been sexually assaulted for years do not
come out until their friends start dating and talking about virginity, first
sexual experiences, etc. She also noted that nowadays men are the subject
of various forms of assault as a result of anger issues. Ms. Koki said in
speaking with Tom Lindsey at the prison that he had revealed to her that
women in their 20's could not open up to their parents to tell them about
their assault because they felt that if they said anything about being
sexually assaulted by their dad's best friend their parents would"kill
them".
Ms. Koki stated that Waimea Canyon School is in need of help before and
after school and that Principal Glenda Miyazaki is wonderful to work with.
In addition, other programs worth partnering with are Big Brothers and Big
Sisters, Boys &Girls Club, and Teen Court.
Committee on the Status of Women
Regular Open Session
October 17, 2012 Page 5
SUBJECT DISCUSSION ACTION
Ms. Koki said that women who have children need mentoring and that
parenting classes are not as available on Kauai. She discussed various
examples of single parents, young parents,parents that lose their children
to CPS (Child Protection Services)because of their drug use, etc., and how
these people need mentoring.
Ms. Mooy informed the Committee that there will be a meeting this Friday
with a video showing of"Amy's Story" at the Kauai Community College
OCET (Office of Continuing Education)building from 2:00 p.m. to 4:00
p.m., free to the public. Ms. Mooy asked Ms. Koki if she could submit a
list of people or agencies that the Committee could take a look at as it
relates to future partnerships.
Ms. Koki discussed success stories that she has witnessed and experienced
as it relates to the importance of their jobs in helping people integrate back
into the community or helping to refer them to the various
programs/agencies on Kauai. One example she used is the Big Brothers &
Big Sisters Lunch Buddies program that she and Ms. Battad participated
in. Ms. Battad and Ms. Koki discussed with the Committee their
experiences in the program and the positive effects their participation had
for the children they mentored.
Ms. Koki said that the issues discussed can affect any child regardless of Ms. Koki to provide the Committee with a list of
who their family might be or who they are. The Committee then thanked agencies for potential partnership; On-going.
Ms. Koki for the information she provided.
■ 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.
Chair Carvalho asked that this item be on-going. I On-going.
Committee on the Status of Women
Regular Open Session
October 17, 2012 Page 6
SUBJECT DISCUSSION ACTION
■ CSW 2012-29 Discussion on current Committee Member's terms.
Chair Carvalho informed the Committee that Nancy Nagarkar's application
(recommended by Savita)was approved by the Mayor as a new Committee
Member. She asked commission support staff to contact Ms. Nagarkar to
inform her of the status of her application,the upcoming meeting, and
when she will be sworn in to the Committee.
Chair Carvalho encouraged the Members to take at least one (1) On-going.
application and try to recruit more Members for the Committee and this
item remain as an on-going discussion.
■ CSW 2012-30 Discussion on scheduling a Committee dinner.
Staff noted the upcoming meeting dates for November 7 and December 5.
Chair Carvalho noted that December 5 would be ideal to swear in any new Informal dinner planned for December 5, 2012
Committee Members,to which the Committee agreed that would also be a after the regular meeting; no Committee action
good date to have the dinner after the regular meeting. The Committee required.
confirmed the dinner will not be related to Committee business and will be
more of a social dinner.
Ms. Mooy asked if the Committee would be interested in discussing a
possible holiday donation to the YWCA's Domestic Violence Women's
Shelter,to which Chair Carvalho suggested posting that as an item for
discussion at the November meeting.
Ms. Mooy stated that it would be good to think of something big that the
Committee could support with the County in regards to domestic violence.
Committee on the Status of Women
Regular Open Session
October 17, 2012 Page 7
SUBJECT DISCUSSION ACTION
Chair Carvalho stated that she would like to have Ms. Pbliya Negra come
and present information to the Committee on her Substance of Hope
Program that addresses the homeless issue on Kauai. Pbliya is also
interested in becoming a Committee Member.
The Committee discussed the upcoming Paint the Town Pink Walk.
Ms. Battad said that initially the Committee was going to partner with the
American Cancer Society, however the ACS has already partnered with
Wilcox Hospital and will also be doing a walk; their walk is on the
Saturday following the Committee's Friday, October 26, 2012 walk.
Ms. Castor confirmed that she would be providing fresh fruits; Ms. Battad Ms. Clark, Deputy County Attorney, raised a
indicated that she has a juice container and would make the drinks. Chair point of order for the Committee to amend the
Carvalho stated that she would check on tables to put the refreshments on agenda to include discussion of the Paint the
and include any information packets. Chair Carvalho asked the Members Town Pink Walk.
to bring at least three (3)people to walk.
Ms. Mooy moved to amend the agenda to
Chair Carvalho asked whether the flier for the walk would be sent to Kim include discussion on the October 2012 Paint the
Cummings, Director of Women In Need. Town Pink Breast Cancer Awareness Walk.
Ms. Battad seconded the motion.
Ms. Battad suggested joining with the Mayor's Walk on a Tuesday that Motion carried 4:0.
way there can be a bigger group. The Committee discussed inquiring with
the Mayor's Office of joining the walk on October 30, 2012. Ms. Mooy No Committee action required.
said that she may be busy with clinical for KCC,however, she may be able
to participate up to an hour and a half that day.
Chair Carvalho confirmed that she would inquire with the Mayor's Office
on the date they could coordinate the Mayor's Walk with the Paint the
Town Pink Walk.
Announcements Next Meeting: Wednesday,November 7, 2012—5:00 p.m., Mo`ikeha
Building, Meeting Room 2A/B
Committee on the Status of Women
Regular Open Session
October 17, 2012 Page 8
SUBJECT DISCUSSION ACTION
Chair Carvalho read the flier for the Boards & Commissions Training
Seminar regarding the Sunshine Law and encouraged the members to
attend.
Adjournment Ms. Battad moved to adjourn the meeting at
5:58 p.m. Ms. Mooy seconded the motion.
Motion carried 4:0.
Submitted by: Reviewed and Approved by:
Ihilani Laureta, Staff Support Clerk Regina Carvalho, Chair
( ) Approved as circulated(add date of meeting approval).
( ) Approved as amended. See minutes of meeting.
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—2nd 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
o Proclamation
® Walk A Mile in Her Shoes Event -
KCC
2013 May
2013 June
esw o?ola-1�
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 locallon of events) Advertising
Mileage x 4 Quarters for members: Ala pa,Castor,and Mooy 350.00
ti
Subtotal Expenses 5
TOTAL ww=ass 350.00
2012- 13 aooci $ 2,000.00
R=An txo ,
Zonta Club
Z of Kauai
Membcr ofZonta Insernaaional
Charter No. 254, April 1, 1952
P.O. Box 3032, Lihue, HI 96766
Email: zontakauaiftmaii.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 learning what some of your service projects are. I 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, President
Zonta Club of Kauai
Email: ainapono @4mail.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
17C-7I 11
Mercedes Youn
From: Lisa Ellen Smith(debrannan@gmail.comJ
Sent: Wednesday, June 06, 2012 9:59 AM
To: Mercedes Youn
Subject: Good Morning
Attachments: HSCSW Mandate color web.pdf: HB2228_HDi_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 Iegislative 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:
http;/wwwcapitol.hawaii. og v%report.aspx?type=package&keY=1?&name=Women°o27s+LegislaiiNe+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. Allow(ed)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 efforts 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. S 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. (11 B 216(1)
CSW 2012-21
i
Hawaii Rev. Stat. 1 374-2 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 Rey, Stat. L489.21 and 1 489-22 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: hitp/'www nest orgFissues-research.Jbealtlybreastfeedins:-state-laws.a,-;Ux)
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 46 1-1
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 14 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::'/,.yww.vwca.orglsite/pp.asp?c=9tLGJ SOyHpE&b=295047
2
HAWAII STATE COMMISSION ON THE STA,a S OF WOMEN
Hawaii Revised Statutes (HRS) 367
Purpose. The legislature finds that the work of the ante cermmis:ion on the status of women.
cstablishcd by the governor by executive order on Blau• 15, 1964. demonstrates the need for a
continuing body to aid in the implementation of its recommendations, to develop long-range goals,
and to coordinate research planning. programming, and acuon on the opportunities, needs.
problems.and contributions of women in Ilawaii. It is the purpose of this chapter to provide for a
statewide program,on a permanent and continuing basis,on the status cif women in 1 lawair.
Powers and duties of commission. The commission shall:
(l) :pct as a central clutringhousc and CotIRIUlaM19 hc,(il- for governmental and
nongovernmental acrivitics And 1t1to,rtn.10(M rc•lautig to tits :UULI: 14 il'riMUii;
(2) Create• public x.varcncs. and tindersoa_1cling of the responsibilities, needs,potentials, and
contribution,of -,vomc•n :and their rc,les in the• changing
(3) Recommend legislarive and ;idininistrati%•c action on equal treatment and opportunities for
women;
(4) Encourage a long-range program of cduc:utic,n ,f a�irncn to the it political rtgllr, anti
rc:ponsibihtic,,particulariv with respect to their voting duties;
(5) Maintain cc uitactc .vith appropriate federal,state,local,and international ag ncies concerned
Ile
lvlth the lUtILIS of women,
16) t'ooperaty and collaiboratc vvith nat7(11111 group, on tltc >ravi, of u"rncn and arrange for
participation by representatives of the State in White I Iouse conferences and other national
conferences from time to time;
-) :Wminisrcr funds .1110catcel 6)!-it> %vork;be aurllonzed to accept,disburse,and allocate funds
that mac become available from other governmental and private sources;provided that all
such funds shall be disbur�;ed or allocated in compliance %,,ith anv specific designation stated
bti• the donor anti in the absence of such specific designation,such funds shall be disbursed
or allocated on projects related to ant- of the purpose. of this chapter; and
{t';; Subrut an :mnral rcp,�r, %krli rc(n1tncnd.- i. to the governor and the legislature.
HAWAII
STATE February 20.2012
COMMISSION
ON THE
STATUS Testimony in Support of FIB 2228,HD I
OF To: Representative Gilbert S.C. Keith-Agamn,Chair
WOMEN Representative Karl Rhoads,Vice Chair
Members of the House Committee on..iudiciary
" a ]From: Catherine Betts,Esq., Executive Director, Hawaii State Commission on the
~A
Status of Women
AY
' S Re:Testimony in Support of HB 2228,HD 1,Relating to Breastfeeding in the Workplace
f4
41��r�.� On behalf of the Hawaii State Commission on the Status of Women,l 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. 690/6 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 CASATU the desire to continue breastfbWing 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 lower 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 Director 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 1,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.hawan.90v1dh31w0men/ violation is reasonable.
HSCSW
235 S.Beretenis 4407 Thank you for this opportunity,
Honolulu.HI 96813
Phone:808586.5758 Catherine Betts,Esq.
FAX:80&588-5756
' U.S. Department of labor,Bureau of Labor Statistics,Table 6, Employment Status of
Mothers(2010).
Z The Business Case for Breastfeeding,U.S. Department of Health and Human Services,
Health Resources and Services Administration(2008).
OFFICE OF HAW14ItAN AFFAIRS
Legislative Testimony
HS 2228
Relating to Sreastfeeding In the Workplace-
Committee on Judiciary
February 9 2022 2:00 a.m. Room 325
The Office of Hawaiian Affairs(OHA)SUPPORTS HB 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 &it 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
i1 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.
1
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fj �e f g3o Pu,X-Rgov&SnWr,[tOcw t!1 Note XULU.W 968!3•PHONE 586.8636 F^x: 58640 TDD: 56$-869I
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
Re: H B No.2228.H.D.1
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 Hawai`i
constitutional mandate that"no person shall be discriminated against in the exercise of
their civil rights because of race,rcligion,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(r)), 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 FSLA 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 H.R.S.
chapter 378,part 1,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
r
2
"7%
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 prepare 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,ctc.
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
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January 30,2012
To: Representative Gilbert Keith-Agaran,Chair
Representative Karl Rhoads,Vice Chair and
Members of the Committee on Judiciary
From:Jeanne Obta,Cc-Chair
RE: HB 2228 HDl 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 HD1,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 beastfeeding,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.; Because we believe
that all women deserve this same protection,we support HB 2228 HDl as it expands that
requirement to include employers of any size.
Employment rights only benefit employees when they are dear and well known.We are aware
that many employers and employees alike are unaware of the new beastfeeding provisions in
FLSA.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 HDl. Please pass this measure. Thank you.
I US Dept.of Health and Human Services,Office of Women's Health,Breasfeeding Fact Sheer,
htto-/wvrw womensheslth.govJ ; �tion�,o :pubLixons/fad sbeetl6reastfepdinF chu#a
z Id.
a Fair labor Standards Act,29 U.S.0§207(rxl)(2010)
Hawaii State Democratic Women's Caucus,1050 Ala Moena Blvd AD46,Honolulu,HI 86814,
bidet.tocradewoneascaumx@"hoo.com
7
(p3 Planned Parenthood
of Hawaii
1350 S.King Street • Suite 309 • Honolulu,Hawaii 96814 • www.pphi.or¢ • Phone:808-589-1156 • Fax:808-589-1404
February 20,2012
Testimony in Support: HB 2228 HDI
To: Chair Gilbert Keith-Agaran,Vice Chair Karl Rhoads,and Members of the House Committee on
Judiciary
From: Katie Polidoro,Director of Government Relations&Public Affairs
Re: Testimony in Support of HB 2228 HDl,Relating to Breastfeeding In the Workplace
Thank you for hearing HB 2228 HDI. 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 rcturning 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.2
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 HDl and we ask this Committee to pass it. Thank you.
'US Dept.of Health and Human Services,Office of Women's Health,Breastfeeding Fact Street,
httu!/www aomensheaIth gQyjpublicationdbur-aublications/fad-sheet/bteastfecdina.efm#a
Id-
Fair Labor Standards Act,29 U.S.0§207(rXI)(2010)
Honolulu Health Center Kaflus Kona Health Center MahWm(Maul]Health Center
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Committee: Committee on Judiciary
Hearing Date/Time: Tuesday,February 21,2012,ZOO p.m.
Place: Room 325
Re: T"estimorcy ofthe ACLU orHawaii in strong_W ort of H.B. 2228, HDL
Relating to the Breas in the Wor lace
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'). 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 0 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 Women Really Quit Careers and Head Back Home(2007)
(discussing structural barriers to professional women's continued advancement in 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 workfim lost 184A to 3?"/oof their eaming
power,and that only 409/9 were then able to return to paid full-time work despite a desire to do so);Marianne
Bertrand et al.,Dynamics of the Gender Gap for Young Professionals in the Financial and Corporate Sectors,2
Am.Econ.J.:Applied Econ.229,252(20 10)(documenting increasing gap in career progress for female as
compared to male M.B.A.s following graduation,and concluding that'[t]he presence of children is the main
contributor to the lesser job experience,greater career discontinuity,and shorter work hours for female MBAs').
2 Markup Hearing on H.R.3590 Before the S.Comm.on Health,Education,Labor,&Pensions, 1 11th Cong., 1"
Sess.(Jun.23,2009)(comments of Senator Markley,Senate Sponsor).
3 Id
American Civil 1.lborttes Union of Hawaii
P.O.Box 3410
Honoiuiu,Hawaii 98801
T: 808.522-5400
F: 808.522-S404
E: office®aciuhawalorg
www.sefuhawag.org
N
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.¢ 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(FLSA),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 funds. 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,office of the Surgeon,General,The Surgeon
General's Call to Action to Support Breasgreeding at 5(2011)[hereinafter"Surgeon General's Call to Actiorel
discussing Federal Policy on Breastfeeding"�
See Department of Health and Human Services,Office of Wonan's Health,HM Blueprint for Action on
Breastfeeding(2000), fv.�.ime^¢h iL¢oy/a�1i*vcn,.,�er ;nSLR �ams/btueorints/binarntbk�.ndf
United Nations Children's Fund,world Hwhh Organization,Imrocentl Declaration on the Protection.Promotion
and Support ofBreastfeedfng(1990)(Adopted by U.S. at WHO/UNICEF policymakers'meeting Breastfeeding in
the 1990s:A Global Initiative,co-sponsored by the United States Agency for International Development and the
Swedish International Development Authority(SIDA),in Florence,Italy),
j7ttn�/1wWW 1,�miCe�Org(jfP9P,(BrriBlClbre85tf eCdtn�nnOCCA_ti.h�11.
Surgeon General's Call to Action,supra, at v.
Arneftm Civil Liberties onion of Hawail
P.O.Box 3410
Honolulu,"am ai'198801
T. 808.522-5900
F: 808.5223909
E: office@aetuhawaB_org
www.wAlhawall.org
i
IxlfA i TI:CAP
WOMEN WYIT .45
League of women Voters of Hawaii
49 South Hotel Street, Room 3141 Honolulu,Hl 96813
www.lwv-hawalf.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 BB 2228.
The League of Women Voters of Hawaii supports BB 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 welt as a private and clean space for expressing breast milk,other than a
bathroom. BB 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
COMNaTTEE ON THE STATUS OF WOMEN—(Sec. 367-4,HR.S) 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 9/1744 01/01/11-.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
1 st 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