HomeMy WebLinkAboutCSW 9.19.12 Agenda Pkt Regina Carxalho Members:
Chair Jade Battad
Cherie Moov
Kanam Alapa Anne Punohu
Vice-Chair
Uli'i Castor Lisa Ellen Smith
Secretary Ex-Officio
Savita Aganval
Treasurer
COUNTY OF KAUAI COMMITTEE ON THE STATUS OF WOMEN
NOTICE OF MEETING AND AGENDA
Wednesday, September 19, 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 April 18, 2012
TREASURER'S REPORT
CSW 2012-19 FY 2012-13 Committee on the Status of Women Budget.
COMMUNICATIONS
CSW 2012-25 E-mail dated (6/6/1'12) from Hawaii State Committee on the Status or Women
Representative Lisa Ellen Smith regarding Pulama I Ka Ohana Women's Health
Conference, September 10 & 11, 2012.
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.
An Equal Opportunity,Emplo-yer
CSW 2012-22 Discussion on outreach to middle schools regarding issues of self-esteem, body
image, peer pressure and making better choices.
CSW 2012-26 Discussion and decision making on October Breast Cancer Awareness Mini
Walk
CSW 2012-27 Discussion and decision making regarding Commissioner's commitment to the
Status of Women Committee and a possible change to the number of
Commissioners that sit on the board to address quorum related issues.
ANNOUNCEMENTS
Next Meeting- October 17, 2012, 5:00 p.m. at the Mo'lkeha Building, in Meeting Room 2 A/B.
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:
I. 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
W
received on the day of the meeting or improperly identified may be distributed to the members after the
meeting is concluded.
Z7
The length of time allocated to persons wishing to present verbal testimony may be limited at the
discretion of the chairperson or presiding member.
Send written testimony to:
Committee on the Status of Women
Attn: Lani Agoot
Office of Boards and Commissions
Committee on the Status of Women—September 19, 2012 2 1 P a g e
4444 Rice Street, Suite 150
L_1hu'e, HI 96766
E-mail: lagootCq)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—September 19. 2012
3 P a Ly e
URIAF'T CO UNTY OF KAUAI h aue�
pi
Minutes of Meeting
OPEN SESSION
Board/Coinnuttee: COMMITTEE ON THE STATUS OF WOMEN Meeting Date April 18 , 2012
Location ��'iie ia'Building-- Meeting Roorn 2A/B
Start of Meeting: 5:06 p.m. End of Meeting: 5:45 p.m.
Present 771mir Regina Carvalho; Vice-Chair Kanam Alapa; Members: Uli'i Castor, Cherie Mooy, and Savita I
Agarwal
Also Deputy County Attorney Mona Clark; Board & Commissions Office Staff: Support Clerk, Mercedes Youn; Administrative Aide
Teresa Tamura
Excused
Absent
Anne Punohu, Jade Ballad
SUBJFCT
�T _.—�J
DIS ' USSION
Call o Order ACTION
0
Chair Carvalho called the meeting to order at
Approvril 5:02 .m.
of Regular Open Session Minutes of March 21, 2012 p
Minutes Ms. Mooy moved to approve the minutes as
circulated. Ms. Castor seconded the motion.
Motion carried 5:0
_SW 201 1-10-Discussion on co-sponsorshin for fiscal year 2012-13. tOn-
wing)
Ms. Alapa felt that the f fabitat for Humanity would be a good organization
to partner with and suggested that the Committee invite Jessica Calbo,
Volunteer Program Coordinator for the Habitat for Humanity to a future
meeting. She mentioned that she would contact Ms. Calbo to invite her.
Chair Carvalho indicated that she would not be able to attend the Habitat
for f lumanity Women Build project on May 5`h due to another
commitment. She encouraged the members to take pictures if they decide
to attend.
The Committee decided upon the following organizations as co-sponsors
future events: Arnerican Cancer Society and YWCA.
Coninittee on the Status of Women
Regular Open Session
April 18, 2012. Page 2
S I....Bw_J_f C I DISCUSSION
Chair Chair Carvalho indicated that she
CS..I'IC7N
would contact Ranae Hamilton at the
YWCA to ask her if she would consider partnering with the Committee on
future events.
Deputy County Attorney Clark advised the members that they should have
the names of the organizations listed in their budgeted for submittal before
May 15`x'when the final budget is approved by Council.
Chair Carvalho mentioned that at a previous meeting, Ms. Morikanti
indicated that the budget was finalized however, she felt that the
Committee should be able to make some adjustments.
Deputy County Attorney Clark advised the members that they should list
the names of the organizations that they would like to co-sponsor with no
later than the next meeting for presentation to the Council. She explained
that this would create a formal mechanism in which the Committee can
have their name as part of the advertisement for the designated event.
Staff informed the members that the Committee's budget falls under the
Boards and Commissions budget and that their budget review had already
gone before the Council.
Ms Mooy questioned whether the Committee should chose an event in
which they can just be volunteers rather than giving money; for example,
the Mokiltatta golf tournament.
Chair C"arvalho suggested that the Committee plan something with the
County's new Life Choices Kauai, formerly known as the Anti-Drug
Office.
Committee on the Status of Women
Regular Open Session
April 18, 2012 Page 3
SLTl3JEC T DISCUSSION
_._ _.� __ _ ____
There was a suggestion that the Committee look into participating in � —
-w--
cettain events that other women organizations are holding. There was
discussion on participating in the American Cancer Society golf
tournament, an event that was held last year.
Ms. Mooy suggested the humane Society. Chair Carvalho suggested that
the Cotntnittee help women who have been previously incarcerated by
holding motivational workshops and invite guest speakers from financial
institutions to do a presentation on basic finance. She also inquired.
whether the Committee would be allowed to have refreshments at the
event.
Deputy County Attorney Clark explained that Section 20.02 of the County
Charter t states that 110 officer or employee of the county shall (a) solicit,
accept or receive, directly or indirectly, any gift, whether in the form of
money, service, loan, travel, entertainment, hospitality, thing or promise or
in any other farm, under circumstances in which it can reasonably be
inferred that the gift is intended to influence him in the performance of his
official duties or is intended as a reward for any official action on his part,
Chair Carvalho stated that it would not necessarily be for purchasing of leis
or providing refreshments because the event would be for educational
purposes.
Deputy County Attorney Clark explained that Section 20.02 does not
imply to the issues on how the Committee wants to spend their money.
Staff informed the Committee that any event that the Committee selects
would have to be an annual event because it will be itemized in the budget.
Committee on the Status of Women
Regular Open Session
April 18, 2012 Page 4
SUBJECT
DISCUSSION
_.._ _ _. ACTION
Ms. Moo suggested
Mooy tltc Committee look into holding two (?} events a
year, one of which would be the September Health .Fair.
Ms. Alapa stated that the issue is not that the Committee can hold the
event, it's about co-sponsorship and that is why it was mentioned that it
should be an annual thing,
The Committee decided to select the Habitat for Humanity Women's Build
program for next year's event.
Chair Carvalho noted that she understood that funds are available from the
State and that the funds could be allocated from the State for any island.
that has program initiatives. Staff explained that this process is different
from the C01,117ty's budget and that the Committee could request for funds
from the State.
.Deputy County Attorney Clark explained that once the funds are granted
by the State, the Committee must ask for Council's approval to accept the
funds slated f'or that specific event.
Ms. Mooy informed the Committee that the State Commission is under a
new leadership and that Sharon Ferguson-Smith, Executive Director for the
Hawaii State Commission on the Status of Women is no longer there. In
addition, Ms. Mooy mentioned that another event that the Committee
might want to consider is the Domestic Violence Awareness event which is
held at St. Michael's Church in Lihue annually.
Chair Carvalho indicated that she would fellow-up with them.
Committee on the Status cat' omen
Regular Open Session
April 18, 2012 Page 5
__ _.. ___.. _.__ ______ __. __4____ __ _1.._._
C W 2012-01 Discussion and decision-making,on artici atin x in the
2012 Walk a Mile in tier Shoe Everitt
Ms. Mooy informed the Committee that this is an annual event which is
scheduled fir April 20, 2012, from 11:00 a.m. till 2:00 p.m. at the Kaua'i
Community College. She noted that the event is not a Lund raising event
and is only to bring public awareness to domestic violence.
CS W 2012-02 Discussion and decision-making on the C'ommittee's
Annual Essay Contest.
Ms. Alapa suggested the essay should be typed, doubled spaced with a two
(2) page minimum and focus on the theme "Educate Women and Change
the World".
Ms. Mooy indicated that she would look into what the exact date of the
conference would be.
Chair Carvalho asked when the contest should start. Ms. Mooy stated that
the Committee should start the contest now to attract more participants to
enter.
Ms. Castor stated that she would contact Ms. Pum Patrick of the Kauai
Youth leadership and invite her to attend the meeting in May.
Ms. Alapa suggested that the eligibility requirements for the grades be
changed from 6"'grade to 8`h grade through 121h grade. The members
agreed.
Chair Carvalho suggested that the flyers be placed at the libraries.
Committee on the Status of Women
Regular Open Session
April 18, 2012 Page 6
SUBJECT
DISCUSSION AC TN
IO
Ms. Mooy asked whether there would be enough funds—for three winii–e—rs-
Chair Carvalho wondered the same thing.
Staff informed the members that the total cost for last year was in the
amount of$1500, which leaves $500 in the budget.
Chair Carvalho suggested that this year the Committee should send only
two (2) winners, including two (2) chaperones The members agreed.
Ms. Mooy asked whether the Chair's travel cost would be covered, as she
remembers the State at one time did cover the Chair's costs. She indicated
that she would look into it.
Staff will make the necessary changes to the flyer for distribution by the
C§W—201-2--1-8--Recall-—ofthe—M,--irch Women's History Month Event.
Chair Carvalho expressed her gratitude to all of the members for their help
and also thanked the Office of Boards and Commissions for then'
assistance with this event. She felt that the slide show presentation was a
little lengthy and suggested that a shorter presentation would have been
better. She did however, enjoy the guest speakers who gave then-own
recollection of Ms. Frazer.
Ms. Mooy stated that she was more interested in the cultural components
of the program that related to the translation of the English language to the
Hawaiian language, rather than the person herself
Ms. Alapa appreciated the women from the "Substance of Hope" who
chanted at the event.
Committee on the Status of Women
Regular Open Session
April 18, 2012 Page 7
SU BJE(,`Y--..-. ACTION
Ms. Moo y thougjit that topic was good and suggested that the Comi
look into preparing for next year's event honoring someone from Kauai or
the State who has a sigui ficant background in arts, history, literature, hula
or someone who is an advocate for women's issues.
Announcements Next meeting—May 16, 2012, at 5:00 p.m. at the Mo'ikeha Building, in
the Liquor Conference Room 3.
('ban-Carvalho voiced her concern that there seems to be a lack of
communication from Ms. Smith other than a few emails; she asked what
the status of her position at the State level,
Deputy Attorney Clark informed the Committee that she does not have a
whole lot of information to provide regarding that issue.
Chair Carvalho noted that Ms. Smith should communicate with the
Committee via a letter and provide them with updates from the State
meetings.
Ms. Alapa stated that whatever the issue is with Ms. Smith, she is not
allowed to attend any County functions.
Chair Carvalho asked what can be done to ensure that the Kauai
Committee does not lack representation at the State level.
Deputy Attorney Clark stated that because Ms. Smith is an appointee by
the Governor, she would look into the matter and report back to the
Committee at its next meeting.
Staff asked Deputy Attorney Clark to email the information to her for
forwarding to the members.
Committee on the Status of Women
Regular Open Session
April 18, 2012 Page 8
SLJBJEICT DISCUSSION
ACTION
Adjournment With no further business, Chair Carvalho called for a motion to adjourn t—li -"-A—t 5—:-4-5--p.m-.—M,-s-.-,A—ga-r--�-va—l-t-i,-i,-o---v c—d-to'—adjo"urn.
meeting. Ms Mooy seconded.
Motion carried
Submitted by: Reviewed and Approved by:
Mercedes YOUn, Staff Support Clerk Regina Carvalho, Chair
Approved as circulated (add (late of meeting approval).
Approved as amended. See minutes meeting.v.
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 i -$350-00
Members:
Uli'i Castor
Kanani Alapa
Cherie Mooy
July 2012 No event
August— 2"d Annual Essay Contest
2012 September Women's Health
Month
17i012 October Women's Health Month I
I Breast Cancer Awareness
Walk
November
December
fi
2013 March Women's History Month
2013 April Equal Pay Day Month
e Proclamation
* Walk A Mile in Her Shoes Event -
KCC
2013 May
2013 June
cs l a —
COMMITTEE ON THE STATUS OF WOMEN
EXPENSE BA LAN CE FY 2012- 1
iec}uest payrnt Paid To Description uppties Fraod Travel Fees printtn
Date Date (Marne) (Include date:and location of events) Advertising
_. _ Miiea x t Quarters fear mr rnbers: Aia a,Caster,and Moo 350.00
404 autatntal Expenses (} (}, 0. ` 350. 0 0.00
TOTAL KXPENSUS 350.00
2e12- 13 18=09T[�j 2,0W00
Pulama I Ka 'Ohana
A Woman's Health Conference
I=
.......................
About
Presenters
Programs Presenting
Four Tracks
Convening Partners
Register
Quick Links
Register Now
Domestic Violence Action Center
Hawaii State Coalition Against Domestic
Violence
Kokua Kalihi Valley
The Queen's Medical Center
Department of Health
Department of Human Services
UH Manoa School of Nursing&Dental Hygien:.
Medical Legal Partnership for Children in
Hawaii
Presenters Include:
Nancie Caraway, PhD: First Lady State of Hawai'i Research Fellow in
Human Rights, G[obalization Research Center University of Hawai'i
Manoa
Frances E. Ashe-Goins, RN, MPH: Deputy Director. Office on Women's
Health
Jill Oliveira-Gray, PhD: Psycholtogicat Heatth impacts Overall Health
Alexa Sueda, MD: Reproductive Coercion, Kaiser Permanente
Reni Soon, MD: Domestic Viotence and its impact on OB/GYN Practice
Karen Urnemoto, PhD: Being Fearless and Fearsome: Colonial
Legacies, Racial Constructions, and Mate Adolescent Viotence
Carol Plummer, Phl), MTN: "And How Are the Children?"
Ann Pobutsky, PhD: Hawaii Domestic Viotence Fatatity Review
Carot Titcomb, MD: Cuiturally-based health service delivery
Jennifer Rose, JD: '7a[k Story"and Other Organizing Approaches: LikL kjjj ,j-4A i.;t: f,�u
Creative and culturally relevant community-based strategies for
addressing gender viotence in immigrant and migrant communities
Jan Shoultz, DrPH, MPH, MS: Culturally AcceptabLe Approaches:
Review of focus groups, interviews.. c[inicat experiences, stories and
community activities with Samoan and Chuukese women
Holly Manseri, PhD: Principal investigator, Pono Choices
Luoluo Hong, PhD, MPH: Vice Chancellor for Student
Affairs, University of Hawaii, Hilo
Programs Presenting Include: HMSA
Resource Program, API Legat Outreach, Maui Department of the
Prosecuting Attorney, Center on Disability Studies.
3
0
Highlights Will Indiude:
ur tracks featuring proggrams from Hawa,"i" and the
continl-ntat US-
I
1) Survivors with Disabilities
2) Opportunities and Challenges to Adolescent Health
3) Dating Viotence and Buttying
41 Community Innovations
A sille visit 'o Ho'oulu 'Aina (Kalihi Valley Nature Preserve),
x
operated by Kokua Kalihi Vallev, a federally qualified community
health center, is also an option we will offer, The work
at Ho'oulu Wna is dedicated to the preservation of land-based
cultural knowledge, in this "welcoming place of refuge for people
of all cultures," healing the land heals us as well. Ho'oulu 'Aina 'is
flourishing under the enthusiasm and hard work of its staff and
hundreds of community volunteers,
Athes from Micronesian, Japanese, Fitipino, Native Hawaiian
Chuukese, and Chinese communities wilt be featured. A panel
focusing on the unique issues facing immigrant survivors of
intimate partner is scheduled as a ptenary session.
To reinforce the issue from an artisfic perspective, there wfl! be
g slam
cultural entertainment woven into the conference, includin
poetry, ethnic dance and storytelling. Mahalo nui loa to Ka Pa
Hula o Ka Lei Lehua (Kurnu Hula: Snowbird Bento) and Na
Wahine 0 Ka Pono, Ronda Hayashi-Simpliciano and Vicky
Hollinger,
Iff Y�f
k,
Convening Partners Include:
Domestic Viotence Action Center, Hawafl State Coalition
Against Domestic Vio�ence, The Queens Medical Center, State
of Hawafl: DOH Et DHS, Kokua Katihi Vatley Comprehensive
Family Heafth Service, Medical Legat Partnership for Chi[dren in
Hawaii, University of Hawafl at Manna School of Nursing 8t
Dental Hygiene.
4
�Confe�reernce W-ee-s,:�$225
Group Rate-,, $150 per person, for groups of 3 from same agency.
One Day Only: $110 per person.
Scholarships Available.
To register, contact: Amy Nye at
For program info, contact: Nanci Kreidman, Ramit Islam or Arnbika Dalton at 808.534.0040
Visit us online: www.stoothevi 'e
If you are interested in having a Display Booth for the benefit of advancing your mission, and sharing
your message with the Conference participants, please contact Ambika Dalton (info above). The
Booth cost is $200, Non-profit Booth fee is $100.
Wireless phones and technology can serve as a vital [ink to emergency or support services in a time of
crisis or as a reliable, safe connection to employers, family and friends as survivors rebuild their
lives. Please consider donating a no-Longer-used wiretess phone to help victims of domestic violence
at the event. A Verizon Wireless Hopelline drop box will be available for you to donate your phones at
the conference.
This conference is made possible with funding from the HHS Office on Women's Health and local sources: Hawaii Niedicat
Services Association, Kaiser Permanente, The Queen's Medical Center, Department of Hearth,Maternal,and h'id Health
Branch, Department of Human Services. Hawaii Pacific Health, Dr, Douglas Johnson and Barbara Yamashita,MSvI,The views
expressed in written materials or publications and by speakers and moderators at the HHS sponsored,conferences do not
necessarily reflect the off icial poh ' I fes of the Depar t mi
rent of Health and Human SeServices;, nor does the mention of trade
names, commercial practices, or organizations imply endorsement by the U,S, government,
5
Zonta Club
of Kauai
,Vember efforts International
Charter No. 254, April 1, 1952
P.0, Box 3032, Uhue, Hl 96766
Email- zontakauai@_qMaiLcom, www,zonLa-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 took 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 NZ' �illerPreside'vnt
Zonta Club of Kauai
Email: ainap ono ggrnafl,com
cc- MaBel Fujiuchi, Service Committee Chair
Darrellyn Lemke, Service Committee Co-Chair
Mission of Zorata International:
se to International is a global organization of executives and professionals working together to advance
the status of women worldwide throng service and advocacy
O'G
4410
Mercedes You
From: Lisa ERer Smith Lcelbrannancgmail.corn J
Sent: Wednesday, June 06, 20,2 9:59 AM
To: Mercedes Youn
Subject: Good Morning
Attachments: HSCSVV Mandate color web,Pdf, HB22/'-8-HDI-TEST!Ai ItONY-JUD-02-2'-12--,QCs
Follow Up Flag: Eclfow up
Flag Status: Flagged
Categories: lied 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:
e-r1acKkage&&Kkcy1_2&nainc='Wornen�o'17�1 etti, lotive-1 Caucus
HB 22 32 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 con-sent 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
per-formed 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 STL/HIV
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 accommodanons bill (breast feeding)
- I -would rcQ-,,,Ire emnlovers with twenty or more emplovees to make reasonable el'f I
.vh'ch orts to provide a clean
location for breastfeedingL-m.pi()�-,eesto express brcasti-niik in privacy. and the ernergenc, ont,acentrve
info anon_ I've Attached our letter vv'ritten by our Executive Director Catherine Betts. it can be noted here that
Ha-w,aii does hav-e the following Protections forbreastfeeding,
lawail Rev, Stat, .407- 999) requires the Hawaii Civil Rip )mr I-)n !ty collect, assernble and publish
1 lights C( nissi(
data concernina instances of discrimination involving brcastt edilng or expressing breast rntlk in the workplace.
The law Prohibits ernplovers to forbid an employee frorr expressing breast milk during any rneal period or other
break penod. 011B _166)
CSW 2012-21
0—
7,R provides that unlawful discrni-linatory practice for any crilplover car labor
pro 1
-)r withhold pay frotr- dernotte or
organization to refuse to hire or employ. bar t disc from employment.
penalize a lactating empioveelbec-ause an employee breastfeeds or expresses milk at the svorkpiacc, (2000
Fla%vaii Sess. La%vs. Act 2-27: HB 2774)
and 489 -1. provide that it is a disc"Im inatory
2 practice to deny. or atternot to deny,
,the fall and equal enjitivilient of the uOods, sen,ices. rictiltics, privileges. advantages. and accommodation of a
place of public accommodations to a woman because she is breastfeeding a child.
{cltatlon 6i612012:
The Emergency Contracepti-c bill also did not pass, -Pits bill would have "Require(ed) hospitals to provide
Ir
sun'llvors of sexual assault with rnedical1v and factually accurate and unbiased info . ation regarding
emergency contraception. as well as access to emergency con traception." Note Hawaii does allow a Pharmacists
working with a physician and with the appropriate training to initiate emergency contraception oral drug
therapy. HRS 46l-1
The Chair Leslie Wilkins (Maui) reported about an upcorning 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 ernployrnerit. 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 Cabana 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
Set-vices Directory and HSCSW has helped with the printing costs, and a general request for S I. to help
promote their four amival 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 Y WCA Luncheon Onformation
y I
below), we extend a seat to each of the County's Chair's or designated member. I realize till's is very short notice
and flight was trot included, however. please extend to Uh 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.
1 was unable to attend the March meeting, due to a prior obligation. please note the above event, was discussed
and decided just yesterday,
LE
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lfavvaii Revised Statutes (INS) 367
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HAWAII
STATE
February'40,20 12
COMMISSION
ON THE
T
Testimony itt Support of HB 22281 HD I
SATUS
OF To: Representative Gilbert S.C. Keith-Agarar,Chair
WOMEN Representative Karl Rhoads, Vice Chair
I Members of the House Committee on Judiciary
mni
From- Catherine Betts, Esq.. Executive Director. Hawaii S tate Coo ssion or,the
status of Women
%
g�
Re:Testimony in Support of HB '228, 14D I. Relating to Breas,
tfeeding in the Workplace
On behalf of the Hawaii State Commission on *be Status of Women,I would like
to express any 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
L5SUE 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
the desire to continue breastfeeding one's child. Many employers do not recognize the
ELENA CASATU
DR E many economic benefits that follow when female employees are allowed to continue
AIENN KING
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 ANNE H ty 2
CAROL ANNE PHILIPS morale,better satisfaction with their employment and higher productivity.
Executive Dire ctor While federal legislation requires employers with more than 50 employees to Cat,*erine Bets, Esq- provide reasonable break time for employes to breast'eed,t h is legislati on would
expand
f the reach to employers with more than 20 employees. While it is the Commission's
,I
positions that all employers, regardless oft e number of employees..should be required to
Email: 1 make reasonable efforts to provide a clean location for breastfeeding,we nonetheless
i 2- tt as this imoortant
DHS,HSCSV.1@haWaii,g0V support q8 N-23,HD 1,and respectfully request that this Commi Me pass
Web: piece or legislation. Furthermore,as amended in 141) 1, a civil fine of S50. for each
WWW violation is reasonable,
HSCSW
T
235 S, Beretarla W7 hank you for this opportunity.
Honoluki.HI 96813
8C-8-586-5758 Catherine Betts, Esq.
FAX, 308-5W5756
'let Table 6, Employment Status of
U,S parment of Labor,Bureau of Labor Sta:istics,
Molhers(2010).
T lie Business Case for Brcastfieding. U" S. [ pwrtmtent of I-Iep-lth and Hutnwl Services.
Health Res ourc anc Smices Adrnin 008
i tration 12 ),
i es
O;FICE OF HAWARAN AF;AIRS
Legislative Testimony
HS 2228
Relating to Breastfeeding in the Workplace
Committee or,Judiciary
February Room 325
The OfFice of Piawailan Affairs (OHA)_SUPPORTS HS 2228,which requires
employers with twenty or more employees to make reasonable efforts to provide a
clean location for breastfeeding employees to express breast milk in privacy, and
provides for a civil fine for failure to comply.
OHA's strategic plan includes a health priority, which states that to improve the
quality and longevity of life, Native Hawaiians will enjoy healthy lifestyles and
experience reduced onset of chronic diseases.
According to the United States Department of Health&Human Services, Office
of Women's Health (OWH) and the Agency for Healthcare Research and Quality(AHRQ),
breast milk reduces the risks for the onset of chronic diseases in infants by lowering the
risks for respiratory infections,Asthma (young children),types I & 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 lorg to 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. OHIA encourages the
State and employers use this opportunity to launch workplaces and worksites that
promote health and welfriess,amongst the employees. Both men and women can
benefit from a worksite that promotes wellness.
The health and econornic 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.
`1211—
11,W
A V
�« ,,� 8?C3 F€??x'r� {3. J'C�L�'',R7 dS e Fit}?L=x.:�.€J.� � F� £- 5 ���5=AX' S�e-F�L`��'s' �. R_�,�r�"t"
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.l3. No.2228,H.D.I
The Hawaii Civil Rights Commission (HCRC)has enforcement jurisdiction over
state laws prohibiting discrimination in emPlo-Vulent,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 CiV�T rights because of-ace. religion,sex or ancestry". Art. 1, Sec. 5.
1.
H.B. 2228,H.D.t would arnend H.R.S.§378-10 to require employers with 20 or
,rote employees to make reasonable efforts to provide a clean location for breastfeeding
employees to express breast milk in pnvacy. The proposed amendment partially
conforms H.R.S. §378-110 to Lhe provisions of the Fair Labor Standards Act FY' SA. 29
S.C. §7 � , I 'd a r P baths 0,1 W), which require an emplover to prov, e place,ether than a bath-,
tI t is shielded for in view and free from intrusioris from coworkers and the public for an
Ilk, T� e n
,Mployee to express brtast In c VSLA requirements, which took eff a Jr 2010,
1
apply to employers,with 50 or more employees, FSLA protections 'crbrcastfceding fall
under the -urisdiction of the U,S- Depart-Mcrit Of I-abor,D L)Wat7c and Hour Divi I n,
0 is 0
and not the HCRC's federal counterpart. the U-S- Equal Employment OPPOrtunitY
Commission (EE OC).
The HCRC supports the intent of 5.13. :57 3,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 iurisdiction 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 L and HCRCJurisdiction. The breast feeding law should be placed
under the junisdiction of an agency, that has expertise and facilities required to effectively
--n-fom-C the law.
And flinally, 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 -lots
protection, without a conceptual fra mew ork.and putting them underdbejurisdicti
the HC'R,C. The HCRC has lost over 25% of Its general funded full, tirric permanent
Wh
enforc--ment staff(investigators and attorn cys), iTe the H legislature 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 aff=ct the invesvgation.
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. 222& RD.I to
take the existing and proposed breastfeeding protections cut of H.R.S. chapter 378,part 1,
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
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 HD1 Relating to Breastfeeding in the Workplace
Heating:Tuesday,February 21,2012, 2:00 p.m., Room 325
Position:Support
Good afternoon,I am Jeanne Ohta,Co-Chair of the Hawai'i State Democratic Women's Party
testifying in support of HB 2228 HDI, Relating to Breastfeeding in the Workplace.The Hawai'i
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 Worncn's Caucus supports this measure.
According to the US Department of Health and Human Services Office an 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
pes
I 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-7
Nursing mothers returning to the workplace need adequate time and space to express breast milk
while at work- In 2010, the Fair Labor Standards Act was amended to require that employers with
more than 50 employees provide reasonable break time for employees to breastfeed as well as a
private and clean space for expressing breast milk other than a bathroom.3 use we believe
that all women deserve this same protection,we support PM 2228 HD I as it expands*that
requirement to include employers of any size.
Employment rights only benefit employees when they are clear and well known. We are aware
that many employers and employees alike are unaware of the new breastfeeding provisions in
FLSA,This measure requires employers to make postings visible t o e mployees informing them of
their right to express breast milk at work.
Because it prottectr,the health of women and their chAidren as well as promotes equality in the
woft. lace,wesuppor'BB2228 HDL Please pass this measure. Thankyou.
'US Dept of Health and Hurnart Services,Office of Wocen's Health.Breastfieeding Fact Sheet,
1d.
3 Fair t Standards Act,29 U,S,C. §207(r)(1)(2010)
4—*w*'i State Vlftfren's C4umm 1050 Ala lWana Stvd- #OL26,Holofuhj.K-P6814,
r
fp:) Planned Paie..,knthood'
of Hsj�aii
13550 S.King Street • Suite 309 • Honolljlt4 Hawaii 96814 E�t. Phone.-808-589-1156 • Fax.808-589-1104-
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 HDI.Relating to Breastfeeding In the Workplace
Thank you for hearing HB 2228 FMl. Planned Parenthood of Hawaii (PPHI)strongly supports HB 2228
HDI, 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 I and 2 diabetes,
childhood leukemia,and some respiratory infections.' Mothers also benefit from breastfeedin& as it lowers
the risk of breast and ovarian cancer, type 2 diabetes, and reduces post parturn 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 bathroom.' 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.
PPI41 believes in providing all individuals with the information and tools they need to raise healthy and
strong families. Accordingly,we support HB 2228 HD1 and we ask this Committee to pass it. Thank you.
US Dept,of 14calth and flumn Senmces,Office of Women's Health,Breastfeeding Fact Sheet,
1 v�
trz men�health v 'li�—�u;-- , "�'i n fact- izet of
ld
3 Fair Lzt Standards Act,229 U.S.0 §207(rX1)(2010)
Ith -entor
s4im 2z
AM V1
,A MA Vmftd;.y A;vtry•
Rom
Committee: Committee on Judiciary
Hearing Date/Time: Tuesday, February'I.
I 2_ 2012, 2:00 p.m.
Place. Room 325
Re.- Lgstimoa of the A CL U ofHawah in sLroLng sy_pq 0 H
rt .E. 2228.�HDI
p
Relatinz to the Brews eclin in tlae Workt21qce
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 an on
the realities of prqpancy, childbirth, and breastfeed-Ing in in y wome '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 . . [tjo help meet their basic needs with[I regard to the care and
nourishment of their chit ."2 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.-
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 generafly Famela Stone,Opting Out?Why Women Really Quit Carcers and Head Back Home(2007)
(discussing structural barriers to professional wornen*s continued advancement in the workplace after having
chEdrert);Sylvia Ann Hewlett,On-Ramps and Off-Ramps:Keeping Women on the Road to Success(2007)
(documenting that wornen who took a 2.2 to 3 year break from the workforce lost 47 80/a to 37*/ocf their carning
power,and that only 40%w then able to retum to paid full-time work despite a desire to do so";Marianne
Remand et at„Dynamics of th Gap jro r Young Professionals in the Financial and Corporate Sectors,2
Am,Econ.3.®Applied Ecom 229,252(20 10)(documenting incrcasing gap in career progress for female as
cornpared to n-Ale YLBA.s following graduation,and concluding that"[tjhe presence of children is the main
contributor to the lesserliob expen'encre.p-eater career discontinWty,and shorter work hours for feniale IVIBAsj,
21 p Hearing on H,R.3590 Before the S,Comm on Heaih,Education,Labor.&Pensions, 1i I I th Cong.,
,v4arkL
Sew.(assn.23,2009)(cornmerits of Senator Markley,Senate Sponsor).
AmeHcao Civil Lbeities Unton of Hawal'i
P.C.Box 3410
Ronoltdu,Rawai'l 96801
SO&S22-5900
F: We 522-5909
S.
www.acluhawail org
A
Son
Hon. Rep, Kcith-Agaran,Chair,JUD Committee
and Mcmbers Thereof
February 21, 2012
Page 2 of 2
-am
including women's ability to continue breastfeeding upon ret to the paid workforce." From
the first federal summit on breastfeeding in '1 984 to the signing of the World Health Organization
Innocenti Declaration on the Protection, Promotion and Support of Breast feeding in 1990,5 to as
recently as this year, when the Surgeon General issued a"Call to Action to Support
Breastfeeding"outlining steps that vanous sectors might take to improve breastfeeding rates,
promotion of breastfeeding has been a"key public health issue in the United States.'16
In light of the legislative concerns motivating this provision of the Fair Labor Standards
Act(FLS-A),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,nee Surgeon
General's call to Action to Support Breastleeding at 5(2010 ;hereineer"Surgeon General's Call to Aclnon"j
(discussing Federal Policy on Breast tfeeding'I
5 Sw Depar=ent of Health and Humari Services,Office of Women*s Health,HHS Blueprintfear Action on
Hrras ,oeding(2000).
United Nations Children's Fund,World Health Organization,Innocenti Declaration on the Protection,Promo ion
and Supportof Breesty'ec&ng(1990)(Adopted by U.S. at WH Of U-N IC EF pot icyrnake rs'meeting Breasrfeedi7g in
the 1,990s,�A C-lobal initiative,w-Wrisored by the United States Agency for ir�tcrrwtional and t�c
Swedish laternationai Development Authority(SIMA),in Flor-ence,Raly),
Surgeon Gen�l's Call to Actfon,TvFM at V,
Amoritan CMI Liberbes Union of RawaV
P.O.Box 3410
Honolulu,Hawaili 96801
T. 809-522-5M
1,f T E,L F
IVNTOME.N WYI-E.R.-`
League of Women Voters of Hawail
49 Sourth Hotel Steet, Room 314 1 Honolulu-, HI 96813
www.lwv-hawaii.com 1808.531.7488 1 votersCh)1wvhaWa1l.cOm
Judiciary committee
Hearing: Tuesday, Feb. 21, 2012 Time: 2:00 am Place; 325
SUBJECT: HB2228 HDIL Relating to breast-feeding in the workplace
POSITION:SUPPORT
T
i estimony:
Chair Keith-Agaran, Vice-Chair Rhoads,iN(embers 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 z) diabetes,
and reduces post partum depression. The Health benefits cannot be overlooked
Federal law requires that employers with more than 50 employees provide reasonable break'time for
employe es to breastfeed as well as a private and clean space for expressing breast milk,other than a
bathroom. HB 2228 would expand this requirement to an employer of smaller size, therefore benefiting
more of Hawaii's working mothers. We hope that eventually all employers provide private,clean and safe
places to do tjs.
The bill would also require-employers to post information visible to employees about Llheir right to express
breast milk at work.
Thank you for the 0PpOrtt1nitY to testify
Joy MarshaI4 Lzague of Women Voters of Hawaii