HomeMy WebLinkAbout062012_Agenda Packet Regina Carvalho Members:
Chair Jade Batrad
Cherie Mooy
Kanani Alapa Anne Punohu
Vice-Chair
Uli'i Castor Lisa Ellen Smith
Secretary Ex-Officio
Savita Aaarwal
Treasurer
COUNTY OF KAUAI COMMITTEE ON THE STATUS OF WOMEN
NOTICE OF MEETING AND AGENDA
Wednesday, June 20, 2012
5:00 p.m. or shortly thereafter
Mo'ikeha Building, Meeting Room 2 A/13
44441~ice Street, LThu'e. HI 96766
CALL TO ORDER
APPROVAL OF MINUTES
Regular Open Session Minutes of April 18, 2012.
BUSINESS
CSW2(111-1Q Discussion on co-sponsorship for FY 2012/131. (On-going)
(a) Communication dated 0611/05/12 from Edie Ignacio-Neurniller. President of
the Kauai Zonta Club, regarding possible partnership with the members of
the Committee on the Status of Women on their upcoming events.
CS W 2012-19 Report from Lisa Ellen Smith Hawaii State Representative on the Committee on
the Status of Women, on several women's legislative bills that were presented at
this year's legislative session.
ANNOUNCEMENTS
Next Meeting- July 18, 2012, 5:00 p.m. at the Mo'ikeha Building. in Meet;ng Room 2 A/B.
EXECUTIVE SESSION
Pursuant to Hawai'i Revised Statutes. H.R.S. §92-7(a), the Committee may, when deemed necessary,
hold an Executive Session on any a(yenda item without the viritten 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(ally Discussions held in Executive
Session are closed to the public,
An Equal 0,uportunity Employer
I
ADJOURNMENT
cc: Deputy County Attorney Mona Clark
PUBLIC COMMENTS and TESTIMONY
Persons wishing to offer comments are encouraged to submit xvTitten testimony at least 24-hours prior
to the meeting indicating:
1. Your name and if applicable, your position/title and organization you are representing,
The acrenda its 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
I Q copies of your written testimony at the meeting clearly indicating the name of the testifier;
and
While every effort will be made to copy, organize and collate all testimony received. materials
received on the day of the meeting or improperly identified may be distributed to the members after the
meeting is concluded.
The length of time allocated to persons wishing to present verbal testimony may be limited at the
discretion of the chairperson or presiding member.
Send written testimony to:
Committee on the Status of Women
Mtn: Mercedes Youn
Office of Boards and Commissions
4444 Rice Street, Suite 150
Dhu'e, HI 96766
E-mail: myount kauai.gov
Phone: (808) 241-4920 Fax: (808) 241-5127
SPECIAL ASSISTANCE
If you need an alternate format or an auxiliary aid to .participate
I please contact the Office of Boards
and Commission Support Clerk at(808) 241-4920 at least five (5) working days prior to the meeting.
Committee on the Status of Women—June 20, 2012 2 i a g e
COUNTY OF KAUAl I jj j _
U JA
Minutes of Meeting
OPEN SESSION
Board/Comiluttec, COMMITTEE ON THE STATUS OF WOMEN Meeting Dte jApril I8 ,2012
Locatiou MoUclia BuildingMeeting Room 2AYB Start of Meeting: 5:06 p.m. Fnd of Meeting: 1 5:45 p,ru.
ou
oc
Present Chair Regina Carvalho; Vice-Chair Kanarn Alapa; Members: L1li'i Castor, Cherie Mooy,and Savita Agarwal
Also Deputy County Attorney Mona Clark; Board&Commissions Office Staff: Support Clerk Mercedes YOLin; Administrative Aide
Teresa Tamura
_T\C-I—Is etf
Absent —Anne PLIIiohu, Jade Battad
S 1-'IBJECT_ DtSC[JSSI(.)N ACTION
------------------------------—------------ ---------
Call To Order Chair Carvalho called the meeting to order at
5:02
Approval of Regular Open Session Minutes of March 21, 2012 Ms. Mooy moved to approve the minutes as
Minutes circulated, Ms. Castor seconded the motion.
Motion carried 5:0
Business CSW 2011-10 tjiscussi�qu orlco-spoz1,(,,s
jjip )LEISC
—41 ar 201
Ms. Alapa felt that the I labitat for Humanity would be a good organization
to partner with and suggested that the Committee invite Jessica Calbo,
Volunteer Program Coordinator for the I labitat for I lumanity to as future
meeting. She mentioned that she ,vould contact Ms. Calbo to invite her,
Chair Carvalho indicated that she would not be able to attend the Habitat
for Humanity Worrien Build project on May 5"'due to another
commitment, She encouraged the members to take pictures if they decide
to attend.
fhe Conu-nittec decided upon the following organizations as co-sponsors
fixture events: Arnerican Cancer Society and YWCA.
.............
Committee on the status of Worrien
Regular Open Session
April 1 , 2012 Page 2
Sl)1111 C. 1 DISCUSSION ACTION
I()N
Chair Carvalho indicated that she would contact Ranae I lamilton at the
YWCA to ask her if she would consider partnering with the Committee on
ficture 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'h when the final budget is approved by Council.
r
Chair Carvallio mentioned that at a previous meeting, Ms. Morikami
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 na nes of the organizations that they would like to co-sponsor with no
later than the next meeting for presentation to the Council. She explained
E that this would create a formal mechanism in which the Committee can
have their nanne as part of the advertisement for the designated event.
Staff informed the members that the Committee's budget falls tinder 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 Mokiltana golf tournament.
(.',hair Carvalho suggested that the Committee plan something with the
County's new life Choices Kauai, fonnerly known as the Anti-Drug
Office,
Committee on the Status of Women
Regular Open Session
April 18,2012 Page 3
There was a f.,gestion that the Committee look into participating in
certain events that other women organisations are holding. 'There was
discussion oil participating in tlae American Cancer Society golf
tournament, air event that was held last year.
Nis, lvloaay suggested the I lumane Society. Chair C:arvalho suggested that
the Committee mmittee help women who have been previously incarcerated by
E
holding motivational workshops and invite guest speakers from financial
!�
institution,,,to clo a presentation on basic finance. She also inquired
whether tlae C`omaraittee would be allowed to have refreshments at the
event.
Deputy County Attorney Clark explained that Section 20.02 of the County
Charters t staters that no 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 foraxt, under circumstances in which it call reasonably be
interred 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.
('halt C arvfalho 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 doers 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
e,l)lflI C [
DISCUSSION ACTION
ION
GIs. Meroy a,Laggeste:d tine ara
C`c� anittec; look ir atc>holdirng two (2}events a
I year, one of which would be the September health Fair.
I
t
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-
'
['he C'onamittee decided to select the I labitat for I lumanit Y Women's Build
i program for next year's event.
Chair C"arvalho noted that she understood that fends are available from the �
State and that the funds could be allocated from the State for any island
that has prograrn initiatives. Staff explained that this process is different
from the County'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 C'ouncil's approval to accept the
funds slanted for that specific event.
Nis. 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 C.ihuc annually.
Chair C'arvalho indicated that she would follow-Lap with them.
Committee on the Status of Women
Regular Open Session
April 18, 2012 Page 5
S1 JIJt C l DISCUSSION t�C 1 lt)N
_...._. _._..._ _..
CSW 2012-01 Discussion and dec ision-making oi rttc�at►rtg in the
2012 Walk a Mile: to tier Shoe Event*).
Ms. Mooy informed the Committee that this is an annual event which is
scheduled for April 20, 2012, from 11:00 a.m. till 2:00 p.m. at the Kauai
Community College. She noted that the event is not a fund raising event
and is only to bring public awareness to domestic violence.
C S W 2012-02 Discussion and_decision tnaki v, ors the Committee's 3
Ann I 7ontesc
Ms. Alapa suggested the essay should be typed, doubled spaced with a two
(2)page ruinimun-i and locus on the theme"Educate Women and Change
the World".
IVls. Mooy indicated that she would took into what the exact bate of the
conference:would be.
Chair C arvalho asked when the contest should start. Ms. Mooy stated that
the C=ommittee should start the contest now to attract more participants to
enter.
Ms. Castor stated that she would contact Ms. Puni Patrick of the Kauai
Youth leadership and invite her to attend the meeting in May.
Ms, <llapa suggested that the eligibility requirements for the grades be
changed from 6"'grade to 8"' grade through 120' grade. `the mernbers
agreed...
Chair Carvalho suggested that tyre flyers be placed at the libraries.
Committee on the Status of'Worne i
Regular~Open Session
April 1 , 2012
Page Ca
Sl l 11 C C DISCUSSION ACTION
Ms. Mooy asked whether there would be enough Jan s for three winners.
i
Chair C'arvarlho wondered the same thing.
Staff inl'orrrwd the members that the total cast for last year was in the
G amount of$1500, which leaves 500 in the budget.
Chair C arvallro 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 wilt make the necessary changes to the flyer for distribution by the
n�eznber°s,
t_s.W 201 1l3 IZ�c�of the %Carc�h Women's AL Month went.
Chair Carvalho expressed her gratitude to all of the members for their help
and also thanked the Office of Boards and Commissions for their
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 their own
recollection of Ms. Frazer.
N(Is. 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
f-lawaiian language,rather than the person herself:
Ms. Alapa appreciated the women from the"Substance of!-lope"who
chanted at the event.
Committee can the Status of Women
Regular Open Session
April 18, 2012 Page 7
1
SUBJECT � DISCUSSION AC"1 ON
._.__ ._...__._ _..__..._ ...
Ms. Mooy thought that topic was good and suggested that the Committee
took into preparing for nest year's event honoring someone from Kauai or
the State who has a significant background in arts, history, literature, hula
or somcone who is an advocate liar women's issues.
Arrrxounevin nts Neat meeting -- May 16, 2012, at 5:00 p.m. at the Mo ikeha Building, in
` the Liquor(",(,inference Room 3,
Chair 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.
9
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 than 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.
i
i
Chair C:arvalho asked w=hat can he done to ensure that the Kauai
Committee does not lack representation at the State level.
Deputy .Attorney ("lark stated that because Ms. Smith is an appointee by
the Governor, she would look into the matter and report back to the
C`omtnitte at its next meeting. Staff asked
[deputy Attorney Clark to email that information to her for forwarding to
the members.
Committee on the Status of Women
Regular Open Session
April 18, 2012 page 8
SUBJECT DISCUSSION TION
Adjournment With no further business, Chair C"arvalho called for a motion to adjourn the At 5:45 p.m. Ms. Agarwal moved to adjourn.
meeting. Ms Mooy seconded.
__ . l ..__r._._ Motion carried 5:0
Submitted by Reviewed and approved by: ___...
Mercedes Y oun, Staff Support Clerk- Regina C:'.arvalho, Chair
{ Approved as circulated (add date of meeting approval).
( ) Approved as amended, See minutes of meeting.
Zonta Club
of Kauai
Alember ofZonta Inwrnational
Charter No. 254, April 1, 1952
P.O. Box 3032, Lihue, HI 96766
Email: aY. www,zonta-kauai_or9
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 N ent
Zonta Club of Kauai
Email.-
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
Mercedes Youn
From: Lisa Ellen Smith [debran nan@gm ail,com]
Sent: Wednesday, June 06, 2012 9:59 AM
To: Mercedes Youn
Subject: Good Morning
Attachments: HSCSW Mandate color web.pdf; H B2228_H D 1 TESTIMONY J U D-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:
http:,,!/'www.capitol.liawaii.�;ovilre-port.asox`'tN�pe=t)acka(-,e&kev=],,-'&nai-ne-Women%27s-->-Le,i4islative+ aucus
H13 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 STI/`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 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. §36''-3 (1999) requires the Hawaii Civil Rights Commission to collect, assemble and publish
data concerning instances of discrimination involving breastfeeding or expressing breast milk in the workplace.
The law prohibits employers to forbid an employee from expressing breast milk during any meal period or other
break period. ( 113 260)
Hawaii Rev. Stat.-§ 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; 1113 2774)
Hawaii Rev. StatA 48�9.21 and J4.��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 6/61/2012: httf):,",'www.ncst.orLff'issues-researcfL/healthFbreastikedin -state-laws.aspx)
The Emergency Contraceptive bill also did not pass. This bill would have "Require(ed) hospitals to provide
survivors of sexual assault with medically and factually accurate and unbiased information regarding
emergency contraception, as well as access to emergency contraception." Note Hawaii does allow a pharmacists
working with a physician and with the appropriate training to initiate emergency contraception oral drug
therapy, HRS 461-1
The Chair Leslie Wilkins (Maui) reported about an upcoming event "Women of Power: Stand Down for
Women" July 12 at the Honolulu Design Center this will be a partnership with the YWCA and Veterans
organizations in providing opportunities to returning women veterans find civilian employment. The event will
be held 9-4 and will have networking opportunities as wellas career workshops. Hawaii will have 900 women
returning home in the next 18 months.
In addition, with the end of the fiscal year upon us, there are unencumbered funds that needed to be dedicated. I
have learned that Big Island and Maui have made direct funding requests for specific projects that they have
supported. Representative Elena Cabatu provided us examples of radio ads produced by local student and
funding was provided by HSCSW to purchase air time, Hawaii County also produces an islandwide Urgent
Services Directory and HSCSW has helped with the printing costs, and a general request for 51,000 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
&b=295047
Ed
2
HAWAII STATEC r E STATUS OF WOMEN
Hawaii Revised Statutes (HRS) 367
Purpose. The iegisloture Inds that the work of the state cornt-nissior, on the status of worrien,
established by the o,0vernor by executive order on May 15, 1964, demonstrates the need for a
continuing bo(ly to aid in the in-pletnentation of its recommendations, to develop long-range goals,
and to coordinate research planning, programming, and action on the opportunities, needs,
problerns., and contributions Of women in I lawall', at is the purpose of this chapter to provide for a
siare"111de program, on a pertuanenr and contit-nuing basis, on the status of women in 1 lawan.
Powers and duties of commission. The commission shall:
(11 A c t a$ a c'.-:€ c-,1 eari-, III I I'll 1 , ] - -or governmental and
ghousc, and coonh mtinq4 1, t
nongovernmental acn-.,,',u(:S, �Al,d Iflf"OrMAHM, reizIUM, ", tile ttt odf
/22 1 CrCoic CS,-� `M(�
L"Mdersta tic!111'iY,,of the res-ponsibiihics, needs, potentials, and
J
contributions o+ wolnen 2-'MKI thei- ini this chllif_19MUll _40cletV,
<ICTVI'011 on equal treatrricnt and opportunities for
women;
4) E i
-,courage a long-range program of edh ic-Adow, c r-, 11-1-ir n")],r C ot`
particularly with respect to their voting duties,,
(51 %L main co.ntacs with appropriate federal, state,local, and lnternatlonftlagcncle co-1-ilo-i-nu-1
w1th '(1W S%Irus Of Women;
(6) C00perate and, coll.a borate ,vlth nan( OUMS on s �s or ana arrange for
participation by representatives of the State in WI-Ite I louse conferences and other national
conterences from tittic to tinle;
for i, -,vork; be authorized to accept,disburse, and allocate funds
A('1 , 1 11 I
mit-l"STCt tunc.-� afloc.,,Ucu
that may become available from other governmental and rtriv?tc sources.- provided that all
such funds shall be disbursed or allocated in compliance tallith anv specitic designquon stated
by the donor and in the absence of such specific designation, such ftinds shall be disbursed
or allocated on prejects related to �lny of the purposes of this chapter, 2nd
(8) lit It 2n unriu-211111 rcj, t
-01— -econ-a-f-c-d,ti,.ns� to the e-ovcrnor Pnd the le 'slature,
11 91—
HAWAII
STATE
OMMISSION February 20,1-012
C
ON THE
STATUS Testimony in Support of HR 2228,RD I
OF To: Representative Gilbert S.C. Keith-Agaran,Chair
WOMEN Representative Karl Rhoads,Vice Chair
Members of the House Committee on Judiciary
From: Catherine Betts,Esq., Executive Director, Hawaii State Commission on the
Status of Women
Re:Testimony in Support of HB 2228, HD 1,Relating to Breastfeeding in the Workplace
On behalf of the Hawaii State Commission on the Status of Women, I would like
to express my support of this bill,which would require employers with twenty or more
employees to make reasonable efforts to provide a clean location for breastfeeding
employees to express breast milk in privacy.
Chair
LESLIE WILKINS In 2009, 50%of all mothers with children younger than twelve months old were
employed. 69%of these women worked full time. ' Working mothers face a difficult
COMMISSIONERS: challenge when returning to work. Steady employment almost always takes priority over
ELENA CABATU the desire to continue breastfeeding one's child. Many employers do not recognize the
ADRIENNE KING many economic benefits that follow when female employees are allowed to continue
GARMILLE LIM breastfeeding,including lower health care costs,lower absenteeism,and lower turnover
AS
LISA ELLEN SMITH rates. Employees whose employers provide breastfeeding support report improved
2
CAROL ANNE PHILIPS morale,better satisfaction with their employment and higher productivity.
Executive Director While federal legislation requires employers with more than 50 employees to
Z��
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.HSCS,vL'@haviaii.gov support RB 2228,14D 1,and respectfully request that this Committee pass this important
Web: piece of legislation. Furthermore,as amended in 14D 1,a civil fine of$50.00 for each
wvv-,v.hawaii-gov/dhs1women/ violation is reasonable.
HSCSW
235 S.Beretartia #407 Thank you for this opportunity,
Honolu;u.HI 96813
Phone:808-586-5758 Catherine Betts,Esq.
FAX:808-5 5756
U.S. Department of Labor,Bureau of Labor Statistics,Table 6,Employment Status of
i Mothers(2010).
2 The Business Case for Breastfeeding,U.S. Department of Health and Human Services,
i Health Resources and Services Administration(2008).
OFFICE OF HA ARAN AFFAIRS
Legislative Testimony
1-113 2228
Relating to Breastfeeding in the Workplace
Committee on Judiciary
Febr 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 {OWN} 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
11 diabetes, as well as breast and ovarian cancer. For a lactating mother,there is a
reduced risk for these chronic diseases. The long term health outcomes and wellness
enhanced values of breastfeeding to the mother not only create healthier mothers,they
create healthier employees,which is good for business outcomes. OHA encourages the
State and employers use this opportunity to launch workplaces and worksites that
promote health and wellness amongst the employees. Both men and women can
benefit from a worksite that promotes wellness.
The health and economic benefits of breastfeeding at the worksite far outweigh
the costs of this initiative. Therefore, OHA urges the committee to PASS 1-113 2228.
Mahato for the opportunity to testify on this important measure.
LCOM
C111
&LOU
8 59 8655 TDD: 568-8692
830 PUNCHBOWL STREET,ROOM 411 HON'OLULU,HT 96813 Pc 586-8636 FAx 6-
February 21, 2012
2-00 pm
Room 325
To: The Honorable Gilbert Keith-Agaran, Chair
and Members of the House Committee on Judiciary
From: Linda Hamilton Krieger, Chair
and Commissioners of the Hawaii Civil Rights Commission
Re: H.B.No., 228,H.D.I
The Hawaii Civil Rights Commission(HCRC)has enforcement jurisdiction over
state laws prohibiting discrimination in employment,housing,public accommodations,
and access to state and state-funded services. The HCRC carries out the Hawaii
constitutional mandate that"no person shall be discriminated against in the exercise of
their civil rights because of race,religion, sex or ancestry". Art.1, See. 5.
H.&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. §378-10 to the provisions of the Fair Labor Standards Act(FLSA,29
U.S.C. §207(r)), which require an employer to provide a place,other than a bathroom,
that is shielded form view and free from intrusions from coworkers and the public for an
employee to express breast milk. The FSLA requirements, which took effect in 2010,
1
apply to employers with 50 or more employees. FSLA protections for breastfeeding fall
under the jurisdiction of the U.S.Department of Labor(DOL)Wage and Hour Division,
and not the HCRC's federal counterpart, the U.S. Equal Employment Opportunity
Commission (EEOC).
The HCRC supports the intent of S.B.2573, as it has consistently supported
proposals requiring or encouraging employers to allow and make accommodation for
breast feeding,and expression of breast milk. However,the HCRC objects to the
placement of this new regulation under the enforcement jurisdiction of the HCRC. While
this is good policy,it is unlike the civil rights protections against discrimination in the
laws that the HCRC enforces. Again, it is worth noting that the federal FLSA is not
enforced by our counterpart.the EEOC,but by the US DOL Wage and Hour Division.
More to the point,the proposed breastleeding protections are health and safety
regulations,rather than civil rights protections within the enforcement mandate of the
HCRC. Specifically,the HCRC does not have the expertise or facilities to determine
whether a location is "clean".
Accordingly,the HCRC strongly urges the Legislature to move the current breast
feeding protections in H.R.S. §378-10 and any new regulation enacted,out of H.R.S.
chapter 378, part 1,and HCRC jurisdiction. The breast feeding law should be placed
under the jurisdiction of an agency that has expertise and facilities required to effectively
enforce the law.
And finally,there are costs associated with enactment of laws that are a mish-
mash of dissimilar protections,in this case a regulation that is not a civil rights
protection, without a conceptual framework, and putting them under the jurisdiction of
2
the HCRC. The RCRC has lost over 25%of its general funded full time permanent
enforcement staff(investigators and attorneys),while the 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 affect the investigation,
conciliation, and prosecution of all cases involving claims of discrimination involving
race, sex,disability,etc.
For these reasons,the HCRC urges this Committee to amend H.B.2228, H.D.I to
take the existing and proposed breastfeeding protections out 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- ran,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
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
2
post partum depression.
Nursing mothers returning to the workplace need adequate time and space to express breast milk
while at work. In 2010, the Fair Labor Standards Act was amended to require that employers with
more than 50 employees provide reasonable break time for employees to breastfeed as well as a
private and clean space for expressing breast milk,other than a bathroom.3 Because we believe
that all women deserve this same protection,we support HB 2228 HD1 as it expands that
requirement to include employers of any size.
Employment Tights 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.
C>
Because it protects the health of women and their children as well as promotes equality in the
workplace,we support HB 2228 HD1. Please pass this measure. Thank you.
'LIS Dept.of Health and Human Services,Offi ce of Women's Health,Breastfee&ng Fact Sheet,
,!tL3LL/www.womensliealth.gc�v L'publications'our- ublication f ct-sheet geastfeedi cf.n#a
Id,
3 Fair Labor Standards Act,29 U:S.0§207(r)(1)(2010)
Ha State Democratic Women's Caucus,1050 Ala Moana Blvd#D-26,Honolulu,H1 96814,
hid ernocratiewom-onscauc,js@yahoo,com
rp (D
Planned Parenthood
of Hawaii
1350 S.King Street # Suite 3C9 * Honolulu,Hawaii 96814 * www.pphi.grg Phone:808-589-1156 * Fax:808-589-1404
February 20,2012
Testimony in Support: HIR 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 HD1,Relating to Breastfeeding In the Workplace
Thank you for hearing UB 2228 HD1. Planned Parenthood of Hawaii(PPHI)strongly supports HB 2.228
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 post partum depression.2
As the flow of breast milk is slowed by less frequent feeding,returning to the workplace may mean ceasing
breastfeeding for some women.Employees who are offered a clean and safe space at work to express milk
are able to work without compromising their ability to breastfeed. Currently, the Fair Labor Standards Act
requires that employers with more than 50 employees provide reasonable break time for employees to
breastfeed as well as a private and clean space for expressing breast milk, other than a bathroom.3 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.
V
PPHT believes in pro-N4ding 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.
1 US Dept.of Health and Human Services,Office of Women's Health,Breastfeeding Fact Sheet,
http:&w-ww.woLnenshealt �ur- ublica /fa et/breastfeed
qu��b�. ov/nublicationsLqg,_p_---tions fact-Lhe in cfm#a
if
'Id.
Fair Labor Standards Act,29 U.S.C.§207(r)(1)(2010)
Honolulu Heatth Center RgLua Kqn Health Center Kghww a mealth enter
Lim ja
1150 S.King Street,Suite 310 75-184 H Road,Suite 205 140 lbohaaa Street,Suke 103
Honoluht,13196814 YARua Karr,HI 96740 KatutIU4 HI 9C-32
SMS99-1149 80&329-9211 8N-871-1176
(A Maui United Way Agemy�
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AMERICAN CIVIL LIBERTIES UNION 1
of IiAWAI*I
Committee: Committee on Judiciary
Hearing Date/Time: Tuesday,February 21, 2012,2:00 pm.
Place: Room 325
Re: Testimony of the ACLUO,(Hawaii in stronsup port o H LLD-],
, L--,,B- 2228� L
Relating-to the Breastfeedi=in the Work lace
p
Dear Chair Keith-Agaran and Members of the Committee on Judiciary:
In order to ensure full equality for women,workplace policies and practices must appropriately
reflect the realities of pregnancy, childbirth, and breastfeeding in many women's lives.
Numerous barriers remain to women's continued workforce participation and advancement once
they have children,with both short- and long-term consequences for women's earning potential
and economic security.' Insufficient support for breastfeeding for women who return to the paid
workforce after the arrival of a baby is among these barriers. These were among the concerns
that animated the enactment of the amendment to the Patient Protection and Affordable Care
Act Public Law 111-148 ("Affordable Care Act"). Citing the growing percentage of women
who return to work within three to six weeks of giving birth, Senator Merkley characterized the
provision as"simply an act of human decency to protect their right to continue [to] breastfeed
after they return to work. . . [t]o help meet their basic needs with [] regard to the care and
nourishment of their children."7- He also cited health benefits for infants and nursing mothers,
and savings in health care costs that could be expected as a result of the provision.3
Moreover,this provision of the Affordable Care Act reflects a strong policy on the part of the
federal government, stretching back at least a quarter of a century,of promoting breastfeeding,
'See generally Pamela Stone,Opting Out?Why Women Really Quit Careers and Head Back Home(2007)
(discussing structural barriers to professional women's continued advancement in the workplace after having
children);Sylvia Ann Hewlett,On-Ramps and Off-Ramps:Keeping Women on the Road to Success(2007)
(documenting that women who took a 2.2 to 3 year break from the workforce lost I8%to 37%of their earning
power,and that only 40%were then able to return to paid fall-time work despite a desire to do so);Marianne
Bertrand et al,Dywamics of the Gender Gap far Young Professionals in the Financial and Corporate Sectors,L
Am,Econ.J.:Applied Econ.229,252(20 10)(documenting increasing gap in career progress for female as
compared to male M.B.A.s following graduation,and concluding that"[t]he presence of children is the in
contributor to the lesser job experience,greater career discontinuity,and shorter work hours for female MBAs").
'2 Markup Hearing on H.R.3590 B e f o r e the S.Comm.on Health,Education,Labor,&Pensions, 1 1 1 th Cong., 1'
Sess.(Jun.23,2009)(comments of Senator Markley,Senate Sponsor).
3 id.
American Civil Uberties Union of Hawaii
P.O.Box 3410
Honolulu,Hawai'i 96801
T: 808.522-5900
F: 808,522-Mg
E: offtce@acluhawaii.org
www.aefuhawaii.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. reas�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 various sectors might take to improve breastfeeding rates,
promotion of breastfeeding has been a"key public health issue in the United States.""
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 Hu rian Services,Office of the Surgeon General,The Surgeon
General's Call to Action to Support Breasoceding at 5(2011) [hereinafter"Surgeon General's Call to Action"
(discussing Federal Policy on Breastfeeding').
5 See Department of Health and Human Services,Office of Women's Health,HHS Blueprint for Action on
Breas�eeding(2000),
United Nations Children's Fund,World Health Organization,Innocenti Declaration on the Protection,Promotion
and Support of`Breast (1990)(Adopted by U.S.at WHO/UNICEF policymakers'meeting Breastfeeding in
the 1990s:A Glokl Initiative,co-sponsored by the United States Agency for International De v-I pine t an d the
Swedish International Development,Authority(SIDA),in Florence,ltaly)i,
lum://wwwj,UMn L,cef org/,�Lrogru, �&brm�tfeejin�Imnocep�tihtm.
Surgeon General's Call to Action,supra, at v.
American Civil Liberties Union of HawaN
P.O.Box 3410
Honolulu,Hawal'i 96801
T: 808.522-5900
F: 808.522-5909
E: ofrioe@acluhawaii.org
www.aclubawaii.org
NV'0MI N WXI-E.W
League of Women Voters of Hawaii
49 South Hotel Street, Room 3141 Honolulu, H1 96813
wwwJwv-hawaii.com 1808.531.7488 1 voters@11w0awail-com
Judiciary committee
Hearing: Tuesday, Feb. 21, 2012 Time: 2:00p.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 par tum depression. These Health benefits cannot be overlooked
Federal law requires that employers with more than 50 employees provide reasonable break time for
employees to breastfeed as well as a private and clean space for expressing breast milk, other than a
bathroom. 1413 2228 would expand this requirement to an employer of smaller size, there-fore 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 Marshall, League of Women Voters of Hawaii
Testimony for HB2228 on 2/21/2012 2:00:00 PM Page 1 of 1
Testimony for H82228 on 2/21/2012 2:00:00 PM
mailinglist@capitol.hawaii.gov [mailinglist@capitol.hawaii,gov]
Sent: Monday, February 20, 2012 9:05 PM
To* JUDtestimony
Cc: trnr@hawaii.edu
Testimony for JUD 2/21/2012 2:00:00 PM H32228
Conference room: 325
Testifier position: Support
Testifier will be present: No
Submitted by: Laura Reichhardt
Organization: Individual
E-mail: irnr@hawaii.edu
Submitted on: 2/20/2012
Comments:
Please support bill HB2228. Breastfeeding has numerous benefits for -no her and child
in both the short term and long term. Providing increased access to privacy for
pumping in a clean environment will facilitate a healthier workforce and community.
https://nodeexhc/owa/?ae=ltem&t=IPM.Note&id=RgAAAAD8myl✓j r,,,jL'f6JacohhjZA7B... 2/21/2012