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Home My WebLink About12-5-12 CSW Meeting Agenda Packet Regina Carvalho Members: Chair Jade Battad Cherie Mooy Kanani Alapa Nancy Nagarkar 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, December 5,2012 5:00 p.m. or shortly thereafter Mo`ikeha Building,Meeting Room 2 A/B 4444 Rice Street, L-1hu`e, HI 96766 CALL TO ORDER APPROVAL OF MINUTES Regular Open Session Minutes of November 7,2012 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. (On-going) CSW 2012-31 Information and discussion on the"Substance of Hope Program"provided by Pbliya Negra. (On-going) CSW 2012-32 Discussion as it relates to potential Committee events and projects for 2013 CSW 2012-33 Election of the Chair and Vice Chair for 2013 ANNOUNCEMENTS Next Meeting-January 16, 2013, 5:00 p.m. at the Mo`ikeha Building, in Meeting Room 2 AB. EXECUTIVE SESSION Pursuant to Hawaii 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—December 5, 2012 2 1 P a g e Send written testimony to: Committee on the Status of Women Attn: Ihilani Laureta Office of Boards and Commissions 4444 Rice Street, Suite 150 Lihu`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—December 5, 2012 3 1 P a g e COUNTY OF KAUAI Minutes of Meeting OPEN SESSION Board/Committee: COMMITTEE ON THE STATUS OF WOMEN Meeting Date November 7,2012 Location Mo`ikeha Building—Meeting Room 2A/B Start of Meeting: 5:05 p.m. End of Meeting: 5:34 p.m. Present Chair Regina Carvalho; Members: Uli`i Castor; Jade Battad; Cherie Mooy Also Deputy County Attorney Mona Clark; Board & Commissions Office Staff. Ihilani Laureta, Support Clerk; Guest: Nancy Nagarkar Excused Savita Agarwal; Kanani Alapa Absent SUBJECT DISCUSSION ACTION Call To Order Chair Carvalho called the meeting to order at 5:05 p.m. with 4 members present constituting a Nancy Nagarkar sat at the Committee table to observe. quorum. Approval of Regular Open Session Minutes of October 17, 2012 Minutes Chair Carvalho called for a motion to approve the minutes as circulated. Ms. Battad moved to approve the minutes as circulated. Ms. Castor seconded the motion. Motion carried 4:0 Treasurer's CSW 2012-19 FY 2012-13 Committee on the Status of Women Budget. Report Ms. Castor stated that there was no update other than the use of funds for the events that did not take place this year; the Committee needs to decide what those funds will be used for. Ms. Battad asked if funds were used for the Breast Cancer Awareness Walk to which Ms. Castor confirmed. Chair Carvalho reminded the Committee to submit any receipts for supplies that were bought for the walk and that some receipts have already been turned in to Lani Agoot for processing. Committee on the Status of Women Regular Open Session November 7, 2012 Page 2 SUBJECT DISCUSSION ACTION Chair Carvalho asked Attorney Clark if the appropriate motion is to approve the Treasurer's Report,to which Attorney Clark stated a motion to receive would be appropriate. No action taken. 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. Chair Carvalho provided an overview of past discussion on potential partnership with the Zonta Club. She stated that this item will remain on- going. Ms. Mooy asked if there is an action plan as it relates to the Committee's 2013 Calendar of events, and when this timeline will be transmitted to the Zonta Club. Chair Carvalho stated that the Committee should have a discussion on the timeline prior to moving to the next agenda item. Ms. Battad suggested tabling the discussion until after the new members are inducted into the Committee so that everyone can be brought up to speed at the same time; with more people there will be more ideas. Ms. Mooy agreed and stated the primary mission at the moment is to increase membership in order to have additional suggestions. Chair Carvalho said that she will follow-up with Edie on the status of the 2013 list of events for the Committee. Chair Carvalho discussed the rules on discussing an agenda item. Committee on the Status of Women Regular Open Session November 7,2012 Page 3 SUBJECT DISCUSSION ACTION Ms. Battad recalled informing Edie Igancio-Neumiller at the previous meeting that the Committee would submit their 2013 list of events after the first of the new year. Ms. Castor confirmed that the date at which the list of events is to be transmitted to the Zonta Club is stated in the Committee's minutes. On-going. ■ 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 stated the Committee would still like Ms. Smith to attend and participate in the Committee's meetings to discuss the agenda item, and requested that this item be on-going. 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) Ms. Battad stated that this item is one of Savita's passions and suggested tabling the discussion until she returns. Ms. Laureta reminded the Committee that a list of potential partners as it relates to the outreach for children is forthcoming from Theresa Koki, and that the list may be discussed at the next meeting. 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) Ms. Battad stated that she recalled Ms. Smith mentioning at a previous Committee on the Status of Women Regular Open Session November 7, 2012 Page 4 SUBJECT DISCUSSION ACTION meeting that there is State Funding available to the Committee. She reiterated the Committee's request for more information on how they can tap into the funding. Ms. Battad asked for the continued request for Ms. Smith's attendance at a Committee meeting to discuss the agenda items relating to the State Legislature. Ms. Mooy informed the Committee that when she was the State Commissioner, there were reports from Maui that received funding in the amount of$1,500.00 to host a Health Fair at one of their malls. A proposal was submitted to the State Commission through their liaison requesting funding. Ms. Mooy said the process may not have changed in the past four (4) years. She added that the Committee can draft a project proposal should the process be the same today. Ms. Battad stated they should check first if the funding is available prior to drafting a proposal, to which Ms. Mooy agreed. Ms. Battad said the one(1) event of importance is the Leadership Conference; it had an immense impact on the community. Ms. Mooy recalled the American Association of University Women(AAUW) funding a student to attend the conference and members of the Committee were chaperones. Ms. Battad suggested having an agenda item to discuss whether or not there will be a Women's Leadership Conference in September 2013. Chair Carvalho reviewed the budget for the Committee. She added that in discussion with the Mayor,he said if the Committee has an additional event,they can ask the Council for more money in their budget as long as Committee on the Status of Women Regular Open Session November 7, 2012 Page 5 SUBJECT DISCUSSION ACTION there is a planned event; the proposal would need to be well planned and detailed for the Council to consider. Ms. Mooy asked if the Committee was going to post-pone discussion on the 2013 events until new members are inducted and asked if the discussion can be an agenda item. Ms. Battad recalled wanting to have that discussion once the new members are sworn in to have more brainstorming. She said that having more members present will help broaden the discussion. Chair Carvalho stated that at the January 2013 meeting, the Committee can discuss the 2013 events in order to draft a calendar. Attorney Clark clarified the agenda item could be to discuss potential projects. Discussion regarding potential projects for the Calendar Year 2013 to be placed on the January 2013 agenda; On-going. ■ CSW 2012-29 Discussion on current Committee Member's terms. (On-going) Chair Carvalho stated that the Committee's guest Nancy Nagarkar will be sworn in at the December 5 meeting as a new member, and that two (2) more members will be sworn in at the January 2013 meeting; she added that the swearing in is broken up in order to stagger the terms which are four(4) year terms. Ms. Laureta informed the Committee that in January 2013, the membership will be at 9 members (including Ms. Alapa who is on leave until January 2013); quorum will be at five(5) in order to convene the meetings. Ms. Laureta added that the member's term information is the last attachment in their agenda packets. Committee on the Status of Women Regular Open Session November 7,2012 Page 6 SUBJECT DISCUSSION ACTION ■ CSW 2012-30 Discussion on possible donation options from the Committee on the Status of Women to the YWCA Women's On-going. Domestic Violence Shelter. Chair Carvalho asked Ms. Mooy to begin discussion on the agenda item. Ms. Mooy stated that the wish list includes items such as sample shampoos, laundry detergent, children's toys, linens,basic household items, etc.; all items are to be unopened and new, not used. Ms. Mooy said the YWCA has a home(the Battered Women's Shelter) which is why personal items would be greatly appreciated because funding at the home has also been cut back. She clarified that the donations will be on an individual basis and not as a whole from the Committee; she will Ms. Mooy to bring a donation box to the bring a box to the next meeting if members are interested in bringing December meeting for individuals that would donations. like to donate to the YWCA's Battered Women's Shelter; On-going. ■ CSW 2012-31 Information and discussion on the"Substance of Hope Program"provided by Pbliya Negra. Chair Carvalho stated that Ms.Negra will be re-invited to attend the December meeting to provide her update on the Substance of Hope Program; discussion will be on-going. On-going. Treasurer's CSW 2012-19 FY 2012-13 Committee on the Status of Women Budget. Report Ms. Castor asked if Ms. Alapa still receives the mileage(as part of the Committee's budget) even though she has taken a leave of absence,to which Ms. Laureta stated that she can follow-up with Paula Morikami, Committee on the Status of Women Regular Open Session November 7, 2012 Page 7 SUBJECT DISCUSSION ACTION Boards and Commissions Administrator. Chair Carvalho stated that at the time of induction as a new member, you determine whether or not you will take the mileage. Ms. Mooy stated that since Ms. Alapa was not attending the meetings she would not be receiving the mileage. No Action taken. Announcements Next Meeting- December 5,2012, 5:00 p.m. at the Mo`ikeha Building, in Meeting Room 2 A/B. Ms. Battad reminded the Committee of their informal dinner after their regular meeting on December 5,2012; no committee business will be discussed at the dinner. The Committee discussed potential restaurants to have their informal dinner. The Committee updated Ms. Mooy on the outcome of the Paint the Town Pink Breast Cancer Awareness Walk. Adjournment Chair Carvalho called for a motion to adjourn the meeting. Ms. Battad moved to adjourn the meeting at 5:34 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—2 nd 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 o Walk A Mile in Her Shoes Event - KCC 2013 May 2013 June (26W 0?01 a-I� 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; Alava,Castor,and Mooy 350.00 Subtotal Expenses 0.001 6. 40 TOTAL. R"RNa8a 350.00 2012- 13 sous $ 2,000.00 xsrlAxrJxxa , Zonta Club ®f Kauai Member ofZonta International Charter No. 254, April 1, 1952 P.O. Box 3032, Uhue, Hl 96766 Email: zontakauaiCcOmmail.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 Nmiller, President eu Zonta Club of Kauai Email: ainaponoAgmail.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 17 111 MIA - I n Mercedes Youn From: Lisa Ellen Smith[debrannan @gmaii.coml Sent: Wednesday, June 06, 2012 9:59 AM To: Mercedes Youn Subject: Good Morning Attachments: HSCSW Mandate color web.pdf; HB2228_HO1_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. o� v/rcport.asnx?type=packa jet &key--12&name=Women%27s+Legislati%•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 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. § 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. 'Me law prohibits employers to forbid an employee from expressing breast milk during any meal period or other break period. (1113 266) GSW 2012-:21 Hawaii Rev. Stat. 4 378-2 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. 489.21 and 4 489-72 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 nest or-Wissues-research bealthihreastfeedins;-state-1a%vs_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, FIRS 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 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$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.!'/Iy_ww,y%vca.org site/pp.asp?c=9fLGJSOyHpE&b=295017 J 2 HAWAII STATE COMMISSION ON THE STATUS OF WOMEN Hawaii Remised Statutes (HRS) 367 1 Purpose. The legislature finds that the vvork of the :tart commis.ion on the status of women. cstablishc:i by the governor by executive order on filar"' 13, 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 action on the opportunities, needs, problems. and contributions of women in Ilawati. It is the purpose of this chapter to provide for a statrxtizde program,on a permatient and continwng basis, on the status of wotncn in l fawan. Powers and duties of commission. The cortlmission shall: I'll Act as a cenrral cicatinghoust. (nd coo)rdtnanng hotiv for governmental and nongovernmental -tCt`1V1ccs At1d tntorni,uj,;tl relaclo g u) the status (it'wo,nx:jj: (2) Crearc public- a`s"arenes, anti understanding of the responsibilities, needs,potentials,and contributions of womcn and their n,les In the cljanging - lety: (3) Reco,rninend legislarivc and administrative acrton on equal treatment and opportunities for women: (}) Encourage a long-range program of cducano)rt ))f.x omen to the it political tigljts and responsibllrtlea,particularly-v ith respect to their voting duties. (5) 1t:1111tain contacte with appropriate federal,state,local,and international ,lgeneie� concerned yvith the hater; of Worticn: ((r) t.'oOperate and ct){Iaborare with national gr(,.Lrps on tic sra(u, of YL'r)nlen and arrange for participation by representatives of the State in White l louse conferences and other national conferences from time to time: -) Administer funds allocalc(f tl)r its %vo)rk;be authorized to accept,disburse,and allocate funds that tray become available from ether governmencal and private sources;provided that all such funds shall be disbursed or allocated in compliance with am specific designation stated by the donor and in the absence of such specific designation,such funds shall be disbursed or allocated on projects related to ant" of the purposes of this chapter; and -t1 4ubinit an:rrinual CC'')crr' St"t'll rt't'ertlit!ll'ritl:!tl•r:lt to the governor and the legislature r t � HAWAII STATE February 20.2012 COMMISSION ON THE STATUS Testimony in Support of HB 2228,HD 1 OF To: Representative Gilbert S.C. Keith-Agaran,Chair WOMEN Representative Karl Rhoads,Vice Chair Members of the House Committee on-Judiciary k From: Catherine Betts,Esq., Executive Director, Hawaii State Commission on the ?,.s; ,sag x 9 Status of Women 7 } Re:Testimony in Support of HB 2228,HD 1,Relating to Breastfeeding in the Workplace Ra yrvs On behalf of the Hawaii State Commission on the Status of Women,l would Iike 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. 1 Working mothers face a difficult COMMISSIONERS: challenge when returning to work. Steady employment almost always takes priority over ELENA CASATU 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 lower health care costs,lower absenteeism,and lower turnover AMY MONK rates. Employees whose employers provide breastfeeding support report improved LISA ELLEN SMI i}i 2 CAROL ANNE PHILIPS morale,better satisfaction with their employment and higher productivity. Executive»hector 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@ha"ff,9ov 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.havmfl.gov/dhsfwofnen/ violation is reasonable. HSCSW 235 S.Beretanle W? Thank you for this opportunity, Honolulu.HI 96813 Phone:80a SW5758 Catherine Betts,Esq. FAX:808-586-5756 I ? ' 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). 1 r OFFICE of HAWAIIAN AFFAIRS Legislative Testimony HB 2228 Relating to Breastfeeding 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 &11 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 it 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 Z or r M. .,9 go $30 Pv HSO%VL STRMT,Room it 1 HONOLULU.HI%813-PHONY 5868636 FAX.516405'f DD- 568-8692 February 21,2012 2:00 pm Room 325 To: The Honorable Gilbert Keith-Agaran,Chair and Members of the House Committee on Judiciary From: Linda Hamilton Krieger,Chair and Commissioners of the Hawaii Civil Rights Commission Re: H.$. No.2228.H.D.1 The Hawaii Civil Rights Commission(HCRC)has enforcement jurisdiction over state Iaws 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.S. H.B. 2228,H.D.I 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-I0 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 farm 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 A.R.S. chapter 378, part L and HCRC jurisdicdon. 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 there under the jurisdiction of 2 I the HCRC. The HCRC has lost over 25%of its general funded full time permanent enforcement staff(investigators and attorneys), while the icgislature 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 r, 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 t January 30,2012 To: Representative Gilbert Keith-Agaran,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 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 breastfeeding,as it lowers the risk of breast and ovarian cancer,type 2 diabetes and reduces post partum depression.z 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 HDI as it expands that requiremat 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 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 HDI.Please pass this measure. Thank you. t US Dept of Health and Human Services,Office of Women's Health,Breastfee&ng Fact Sheet, htwWwww mensbWth-eoviablkadgaj our-ltub1jgj9omVfad-sbeetlhrra, tf cding,c # z IdFair labor Standards Act,29 U.S.C.§207(r)(1)(2010) Herrai,State Democratic Women's Caucus,1050 Ala Moana Stvd M26,Honolulu,Ht 96814, hi demxradcwornenscaucus(Pyahoo.eom i P anne Parent o� ID of Hawaii 13M S.King Street a Suite 309 • Honolulu,Hawaii 96814 - www.p hi&jg • Phone:808-589-1156 • Fax:808-589-1404 February 20,2012 Testimony in Support: HB 2228 Hill 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 HDI,Relating to Breastfeeding In the Workplace Thank you for hearing UB 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 breastfeeding. 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 postpartum 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 HDl and we ask this Committee to pass it. Thank you. 'US Dept.of Health and Human Services,Office of Women's Health,Breastfee&ng Fact Sheer, un://www.vmmenshealtb.goyl gmWicatinast our-�bliratas�as/fact-shegt/breastfeedi88 cfm#a Yd. 3 Fair Labor Standards Act,29 U.S.C.6207(rXI)(2010) Qonolasu Health Center &r'lua Kona Hesitit Center Kahuhd(Maur Health Cdr USOS Rtag Stoeet 9na�R3 75-199 Hulk"RAW.sake 2z 140 tb OM 9".sofa[303 Mr4h&A M%814 Raihm Ram.to W40 KOmd*M WM 808.5 1149 SWM8211 SO&871-1176 (A Maui Uadtd Way AV-y) cl Committee: Committee on Judiciary Hearing Date/Time: Tuesday,February 21,2012,U0 p.m, Place: Room 325 Re: Testimony of the ACLU of-Hawaii in strong support ofH.B. 2228, HDL Relating to the Breastfeeding in the or 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 C 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 ftom the workforce lost 180/9 to 37%of their earning power,and that only 40%were then able to return to paid frill 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(2010)(documenting increasing gap in career progress for female as compared to male M.B.A_s following graduation,and concluding that"[tjhe presence of children is the main contributor to the lesser jab experience,greater career discontinuity,and shorter work hours for female MBAs'). 2 Markup Hearing on H.R.3S90 Before the S.Comm.on Health,Education,Labor,&Pensions, 1 I Ith Cong., i" Sess.(Jun.23,2009)(comments of Senator Markley,Senate Sponsor). 3 Id Ameriearn Crud Ubs Mes tlnlon of Hawal'i P.O.Box 3410 Honolulu,Hawaii 96801 F: 808.522rs400 F* 608.522-09 E: offtca@eluhawall.org www.actuhawaii.org 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(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,Tire Surgeon Generaps Call to Action to Support Breastfeeding at 5(2011)[hereinafter"Surgeon General's Call to Action") discussing Federal Policy on Brwstfeeding"� See Department of Health and Human Services,Office of Women's Health,HMS Blueprint for Action on Breas*Wding(2000),bt�y�: United Nations Children's Fund,World Hwhh Organization,Innocenti Declaration on the Protection.Promotion and Support of Breastfeeding(1990)(Adopted by U.S.at WHOA MCEF policymid=s'meeting Breastfeeding in the 1990s.A Global Initiative,co-sponsored by the United States Agency for International Dcvelopment and the Swedish International Development Authority(SIDA),in Florence,Italy), l�:llwww nM�a£oraln eramm�breastfeedin�noacea�i.latuz. Surgeon General's Call to Action,supra at v. American Civil Liberties onion of Hawai7 P.O.Box 3410 Honolulu,Howari 96801 T: 808.5223900 P: 808.5223909 E: of11aeQaa1uhawa8.org www.ackshomil.org �u t I1�.At=i li:CAF NVOMI;N V(?IT.R.4° League of Women Voters of Hawaii 49 South Hotel Street, Room 3141 Honolulu, Hl 96813 www.lwv-hawall.com 1808.531.7488 1 voters@lwvhawail.corn 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 breasdeed 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 MarshaI4 League of Women Voters of Hawaii COAMn'TEE ON THE STATUS OF WOMEN—(Sec.367-4,HMS) 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 Ptmehu Fesigned 9/17/12 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 I'Term(4yrs) Savita Agarwal-Secretary 01/01/11-12/31/14 1/26/11 2/10/11 1'`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� ,S