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HomeMy WebLinkAbout2-20-2013 CSW Agenda packetSavita Agarwal Members: Chair Kanani Alapa Regina Carvalho Jade Battad Deslynn Jacquias Vice -Chair Cherie Mooy Nancy Nagarkar Secretary Uli`i Castor Lisa Ellen Smith Treasurer Ex- Officio COUNTY OF KAUAI COMMITTEE ON THE STATUS OF WOMEN NOTICE OF MEETING AND AGENDA Wednesday, February 20, 2013 5:00 p.m. or shortly thereafter Mo`ikeha Building, Meeting Room 2 A/B 4444 Rice Street, Lihu`e, HI 96766 Introduction of new Commission Support Clerk, Cherisse Zaima CALL TO ORDER APPROVAL OF MINUTES Regular Open Session Minutes of January 16, 2013 COMMUNICATIONS CSW 2013 -04 Email dated January 24, 2013 to Cathy Betts, Executive Director of the Hawaii State Commission on the Status of Women inviting her to meet with the Kauai Committee on the Status of Women to offer her expertise on how the committee can make the biggest impact on women's issues. BUSINESS CSW 2013 -03 Update on Zonta Club meeting held on January 31, 2013 at Hanama'ulu Caf6, attended by Regina Carvalho and Nancy Nagarkar. CSW 2012 -10 Discussion on co- sponsorship for FY 2012/13. (On- going) CSW 2012 -21 Review and discussion on the information from Lisa Ellen Smith, State Commission on the Status of Women Representative, on several women's legislative bills that were presented at this year's legislative session. (On- going) (a) 2013 Hawaii Women's Coalition Legislative Package. An Equal Opportunity Employer CSW 2012 -22 Discussion on outreach to middle schools regarding issues of self - esteem, body image, peer pressure and making better choices. (On- going) CSW 2012 -28 Discussion on information from Lisa Ellen Smith as it relates to potential State funding that the Committee on the Status of Women may utilize in the future. (On- going) CSW 2012 -32 Discussion as it relates to potential Committee events and projects for 2013 (On- going) ANNOUNCEMENTS Next Meeting- March 20, 2013, 5:00 p.m. at the Mo`ikeha 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: 1. Your name and if applicable, your position/title and organization you are representing; 2. The agenda item that you are providing comments on; and 3. Whether you will be testifying in person or submitting written comments only. 4. If you are unable to submit your testimony at least 24 hours prior to the meeting, please provide 10 copies of your written testimony at the meeting clearly indicating the name of the testifier; and While every effort will be made to copy, organize and collate all testimony received, materials received on the day of the meeting or improperly identified may be distributed to the members after the meeting is concluded. The length of time allocated to persons wishing to present verbal testimony may be limited at the discretion of the chairperson or presiding member. Committee on the Status of Women — February 20, 2013 2 1 P a g e Send written testimony to: Committee on the Status of Women Attn: Cherisse Zaima Office of Boards and Commissions 4444 Rice Street, Suite 150 Lihu`e, HI 96766 E -mail: czaima @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 — February 20, 2013 3 1 P a g e COUNTY OF KAUAI Minutes of Meeting OPEN SESSION Q R�AFT�Tjo�6'�A'liltroue Board/Committee: I COMMITTEE ON THE STATUS OF WOMEN Meeting Date January 16, 2013 Location Mo'ikeha Building — Meeting Room 2A/B Start of Meeting: 5:05 p.m. I End of Meeting: 5:43 p.m. Present Chair Savita Agarwal; Vice Chair Jade Battad; Members: Uli'i Castor(entered meeting at 5:10 p.m.); Deslynn Jaquias; Nancy Nagarkar Also Deputy County Attorney Mona Clark; Boards & Commissions Office Staff. Support Clerks Cherisse Zaima and Mercedes Omo- Youn Excused Lisa Ellen Smith, Ex- Officio Absent Kanani Alapa; Regina Carvalho; Cherie Mooy SUBJECT DISCUSSION ACTION Call To Order Chair Agarwal called the meeting to order at 5:05 p.m. with 5 members present which constituted a quorum. Approval of Regular Open Session Minutes of January 16, 2013 Minutes Ms. Castor moved to approve the minutes as circulated. Ms. Nagarkar seconded the motion. Motion carried 5:0. 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. Ms. Youn reported that Ms. Ignacio - Neumiller is waiting for communication from the committee to the Zonta Club indicating their interest in participating in the meeting at Hanama'ulu Cafe. She further su ested that they may discuss who will be volunteering to attend. Once 1 -16 -13 Open Session Minutes Page 1 Committee on the Status of Women Regular Open Session January 16, 2013 Page 2 SUBJECT DISCUSSION ACTION selected, a follow -up letter will be sent to Ms. Ignacio - Neumiller with the names of the representatives. Ms. Battad asked for the date of the event and stated that she could tentatively attend if she had that information. Ms. Nagarkar also stated that she could possibly attend if she knew the date. Ms. Jaquias noted the date shown in the minutes of the last meeting as being January 31, 2013. Ms. Battad and Ms. Nagarkar both affirmed that they will be able to attend. A third volunteer was requested. Ms. Castor stated she is unable to attend. Ms. Youn will ask Ms. Carvalho if she will be available. Chair Agarwal called for a motion for Jade Battad and Nancy Nagarkar to represent CSW at the January 31, 2013 Zonta meeting with the attendance of Regina Carvalho pending. Ms. Castor moved to accept Jade Battad and Nancy Nagarkar to represent CSW at the January 31, 2013 Zonta meeting with the attendance of Regina Carvalho pending. Ms. Battad seconded the motion. Motion carried 5:0 • CSW 2012 -21 Review and discussion on the information from Lisa Ellen Smith, State Commission on the Status of Women Ms. Battad moved to receive and accept the Representative, on several women's legislative bills that were presented information as -is and table discussion due to the at last year's legislative session. (On- going) absence of Lisa Ellen Smith. Ms. Nagarkar seconded the motion. Motion carried 5:0 • CSW 2012 -28 Discussion on information from Lisa Ellen Smith State Commission on the Status of Women Representative, as it relates to potential State funding that the Committee of the Status of Women may utilize in the future. (On- going) Deferred to the February 2013 meeting. • CSW 2012 -31 A request from Ms. Pbliya Negra to address the members of the Committee on the Status of Women as it relates to the 1 -16 -13 Open Session Minutes Page 2 Committee on the Status of Women Regular Open Session January 16, 2013 Page 3 SUBJECT DISCUSSION ACTION "Substance of Hope Program", (On- going) Deferred to February 2013 meeting. Staff will follow up with Ms. Negra to see if she is still interested in remaining on the agenda. ■ CSW 2012 -32 Discussion and decision - making on potential Committee events and projects for 2013. (On- going) Ms. Battad stated that the Women's History Month, Health Fair, Paint the Town Pink Breast Cancer Awareness Walk, and Leadership Conference are things they have done in the past and are currently on their calendar. The goal is to try to organize a schedule of events, discuss any additional events they would like to include, and finalize the calendar year so that they may provide that information to Edie Ignacio - Neumiller, Zonta Club President, to see how they can partner up. Chair Agarwal mentioned the Walk A Mile In Her Shoes event and asked if that would be something the committee would like to participate in. At the prompting of Ms. Battad, Ms. Clark provided clarification on how committee members can participate. Ms. Clark explained that if the CSW wanted to sponsor something or donate funds, it would have to be through the County and the Council would have to approve it. If members want to attend as individuals, they can do so without Council approval as long as they do not participate in any Committee discussion or activity on behalf of the board. Ms. Agarwal asked whether or not they can present themselves as committee members, to which Ms. Clark asked if they would be having any activity or discussion that occurs on behalf of the board. Ms. Agarwal replied that while there would be no discussions, they would like to mention that they are members of the CSW. Ms. Clark further explained that it is okay for them to just say they are members of the board, but if they enter into discussions about how the committee wants to interact with another entity 1 -16 -13 Open Session Minutes Page 3 Committee on the Status of Women Regular Open Session January 16, 2013 Page 4 SUBJECT DISCUSSION ACTION or participate in any board business, they would have to notice it as a meeting. Ms. Battad reiterated that they could show up, participate, have their banner present while they walked, but could not stand up and speak on behalf of the CSW. Ms. Argawal feels that it would be good if they are able to do that since they are a committee that supports that type of cause. Ms. Clark suggested that if they wanted to participate in that capacity, they could make a list of all the activities they want to engage in and sponsor, then present it to the Council for approval. Ms. Youn further suggested that since the event is coming up in April, they should get a list to Council and get that out of the way. Ms. Battad affirmed that the committee will stick to the events already listed on their calendar, and then add the Walk A Mile event. Ms. Nagarkar asked for clarification on what the Women's Leadership conference is and who it is for. Ms. Argawal explained that it is for women in general from all over the country and the meeting is held in Honolulu. She mentioned the essay contest, from which winners are selected to attend the conference along with 2 chaperones from the committee. Ms. Nagarkar asked if the students were in high school or from KCC, to which Ms. Battad replied that they are high school students. Ms. Battad went on to explain that it is a very powerful conference put on by the Governor that includes speakers from all over the world sharing their stories on how they became a leader as a woman, having to overcome many different obstacles. An essay competition was put forth and anyone in the high schools could submit an essay on the topic provided. She noted that they were able to take 3 students in one of the years past. Ms. Youn provided the website information for further reference and 1 -16 -13 Open Session Minutes Page 4 Committee on the Status of Women Regular Open Session January 16, 2013 Page 5 SUBJECT DISCUSSION ACTION information. Ms. Argawal requested clarification on the number of chaperones allowed to go, to which Ms. Battad replied two chaperones are allowed. Ms. Argawal noted that if anyone wants to participate on their own, they are welcome to do so. Ms. Battad stated that they try to give all members an opportunity to go, and that all members, aside from Ms. Jaquias and Ms. Nagarkar, have been able to attend. No Action; on -going ■ CSW 2013 -01 Information provided by Deputy County Attorney Mona Clark, regarding resources the Members may utilize for official Committee business. (On- going) Ms. Clark stated that she did not have a lot of information to provide, but that she had been looking at what her counterparts in the other counties are doing and mentioned that Maui is getting a $3,000 grant through the State Commission. We do not have any sort of staff to be drafting up grant requests but if there are grant requests for any projects the committee is working on, Ms. Clark can review that. She noted that there is a lot of activity in some of the other counties concerning the status of certain laws and she can be a resource if committee members have questions about any specific laws such as the Equal Pay Act or other similar matters. Ms. Agarwal asked how we could obtain the $3,000 grant such as the other counties have received. Ms. Clark responded that upon looking at the agendas from the other counties, she saw that Catherine Betts, Executive Director of the State Commission on the Status of Women is willing to go out to the counties to make presentations, which Ms. Clark feels is extremely valuable. Ms. Clarkspoke to the Maui counterpart who 1 -16 -13 Open Session Minutes Page 5 Committee on the Status of Women Regular Open Session January 16, 2013 Page 6 SUBJECT DISCUSSION ACTION expressed that Ms. Betts provided them with numerous ideas about different ways to obtain funds for projects. Ms. Battad and Ms. Agarwal agreed that it was a good idea to try and get Ms. Betts to come and do a presentation. One of the first steps would be to find out what it would entail to get her here. Ms. Battad went on to discuss the committee's concerns about the direction CWS is moving in. Different members are passionate about various things, such as homelessness, teenage suicide, and getting into the schools to try and make a difference in young women. There is a need for some guidance on what avenues and resources are available to them and what they can do as a committee. Ms Battad very respectfully stated that if Lisa Ellen Smith, as our State representative, was a little more visible or active with CSW, they would feel that they had a greater connection to the State committee. Ms. Agarwal would like to extend an invitation to Ms. Betts to come and do a presentation. Ms. Clark noted that Ms. Betts has visited other counties and feels it is not an unusual request. Ms. Agarwal would like to try to partner with any organizations that concern women such as YWCA or Zonta. Ms. Battad added that even if they are unable to implement partnerships with these groups, they should make it a point to attend events and functions in an attempt to be as very visible. Ms. Agarwal would like to obtain statistics on women's issues and have discussions on ways to assist women in need, if not financially, by providing moral support and guidance. Ms. Battad mentioned that the YWCA would most likely have that type of information. 1 -16 -13 Open Session Minutes Page 6 Committee on the Status of Women Regular Open Session January 16, 2013 Page 7 SUBJECT DISCUSSION ACTION Ms. Clark mentioned that Ms. Castor put together a list of organizations and asked if it was still available, to which Ms. Castor replied that she still had it. Ms. Youn added that it is still on file. Both Ms. Clark and Ms. Battad requested copies of that list. Ms. Agarwal stated that many times, women are capable but may be down or depressed and need a little support. She would like to try and have some lectures or trainings to help empower them. Ms. Nagarkar added to that by suggesting a "one- stop" type of women's fair where various types of information and resources would be made available, even things like fashion tips or breast exams. Ms. Battad noted that it seems similar to the Life's Choices Health Fair, and though it doesn't specifically focus on women, there are many things available to benefit women. She suggested asking Theresa Koki to partner up this year and have a talk session or guest speaker there to provide information, inspiration and empowerment. Ms. Battad also feels that based on her discussions with Ms. Koki there is a lot of help and support that CSW could provide to Life's Choices. No Action; on -going Announcements Next meeting — February 20, 2013, 5:00 p.m. at the Mo`ikeha Building, in Ms. Castor moved to approve the meeting Meeting Room 2 A/B. schedule for 2013. Seconded by Ms. Nagarkar. Motion carried 5:0 Ms. Battad would like to add to the February agenda that she will communicate with Ms. Betts and make a report at the next meeting. Ms. Battad welcomed new members, Deslynn Jaquias and Nancy Nagarkar and thanked them for being part of the committee. Ms. Battad also welcomed new Committee Support Clerk, Cherisse Zaima, and extended the committee's appreciation to Committee Support Clerk, Mercedes Youn and Deputy County Attorney, Mona Clark for all their help and support. 1 -16 -13 Open Session Minutes Page 7 Committee on the Status of Women Regular Open Session January 16, 2013 Page 8 SUBJECT DISCUSSION ACTION Adjournment Chair Agarwal called for a motion to adjourn the meeting. Ms. Nagarkar moved to adjourn the meeting at 5:43 p.m. Seconded by Ms. Castor. Motion carried 5:0 Submitted by: Cherisse Zaima, Staff Support Clerk ( ) Approved as circulated (add date of meeting approval). Reviewed and Approved by: Savita Agarwal, Chair ( ) Approved as amended. See minutes of meeting. 1 -16 -13 Open Session Minutes Page 8 Cherisse Zaima Subject: FW: RE: Kauai Committee on the Status of Women From: Catherine.A.Betts @ hawaii.gov [ mai Ito: Catherine.A.Betts @hawaii.gov] Sent: Thursday, January 31, 2013 10:09 AM To: Cherisse Zaima Cc: Jade Battad; Mona Clark Subject: RE: RE: Kauai Committee on the Status of Women Thanks so much! Cathy Betts - - - -- Cherisse Zaima <czaima @kauai.gov> wrote: - - - -- To: Jade Battad <jbattad @kauai.gov >, " Catherine.A.BettsCalhawaii.gov" <Catherine.A.Betts @hawaii.gov> From: Cherisse Zaima <czaima@kauai.gov> Date: 01/28/2013 12: 38PM Cc: Mona Clark <mclark(d)kauai.gov> Subject: RE: RE: Kauai Committee on the Status of Women Aloha Ms. Betts, Attached is the 2013 meeting schedule for the Committee on the Status of Women. I will keep you informed should there be any changes. Thank you, Ckcrisse R Zaima Commission Support Clerk Office of Boards and Commissions 4444 Rice Street, Ste. 150 Lihue, Hawaii 96766 Phone: (808) 241 -4881 Fax: (808) 241 -5127 Email: czaima(akauai.gov From: Jade Battad Sent: Monday, January 28, 2013 11:23 AM To: Catherine.A.Betts @hawaii.gov Cc: Cherisse Zaima; Mona Clark Subject: RE: RE: Kauai Committee on the Status of Women Thank you. I have asked Cherisse to send you a schedule. We look forward to meeting you in person. Mahalo, Jade i CSW 2013 -04 From: Catherine.A. Betts @hawaii.gov [ma i Ito: Catherine.A.Betts @ hawaii.Cloy] Sent: Monday, January 28, 2013 11:07 AM To: Jade Battad Cc: Catherine.A.BettsCChawaii.gov; Cherisse Zaima; Mona Clark Subject: Re: RE: Kauai Committee on the Status of Women Aloha Jade, I would love to come meet with the Kauai County Committee. Do you have a meeting schedule? I know that our Commissioner Lisa Ellen Smith was scheduled to come speak with you as well. I am in the midst of legislative session beginning so my schedule is tight, but I can definitely make room so that I visit with you all. Thanks much, Cathy Betts - - -- -Jade Battad <ibattad @kauai.gov> wrote: - - - -- To: "Catherine.A.betts @hawaii.gov" <Catherine.A.betts @hawaii.gov> From: Jade Battad <jbattad@kauai.gov> Date: 01/24/2013 02:49PM Cc: Cherisse Zaima <czaima@kauai.gov >, Mona Clark <mclark(cbkauai.gov> Subject: RE: Kauai Committee on the Status of Women From: Jade Battad Sent: Thursday, January 24, 2013 2:33 PM To: 'catherine.Abetts @hawaii.gov' Cc: Cherisse Zaima; Mona Clark Subject: FW: Kauai Committee on the Status of Women Aloha Catherine, I sent the email below obviously to the incorrect email address. When I got no response I found a number and spoke with Nana Kawasaki -Jones who was very sweet and sent me in the right direction. Please read email below. We do not necessarily have time constraints other than we are very excited to get started. Mahalo, Jade From: Jade Battad Sent: Thursday, January 17, 2013 3:02 PM CSW 2013 -04 To: 'dhs.hscsw@hawaii.gov' Cc: Cherisse Zaima; Mona Clark Subject: Kauai Committee on the Status of Women Aloha Ms. Betts. I am writing to you on behalf of the Kauai Committee on the Status of Women. We are in the process of re- organizing and initiating new members and are looking for ideas, suggestions and direction. It was brought to our attention that perhaps you would be willing to consider helping us by sharing what some of the other committees are doing on the other Islands as well as the State Board. We have many ideas, but need to find the proper way to channel them to make the biggest impact on women's issues. Would you be willing to meet with us on Kauai? We are anxious to hear from you. Mahalo, Jade T. Wai'ale'ale Battad Vice Chair 'Trom what we get, we can make a fining. Wfiat we give, However, makes a fife." 1 Jade I Wai'ale'ale Battad County of Kauai Public Works Engineering 808 -- 2414883 CSW 2013 -04 Hawaii Women's Coalition 2013 Legislative Package CO- CHAIRS ANN S. FREED, Hawaii Women's Coalition CATHY BETTS, JD, Executive Director, HSCSW Cathy Betts, Executive Director & Co- Chair: Catherine.A.Bettsa ) hawaii.gov -- Ann S. Freed, Co- Chair, annsfreed(aDgmail.com 808 - 586 -5758 808 - 623 -5676 CSW 2012 -21 Hawaii Women's Coalition HISTORY The Women's Coalition was established by former state representative Annelle Amaral in 1990 as the community voice to assist the Women's Legislative Caucus in creating the women's legislative package. Coalition co- chairs consist of an unpaid volunteer from the community and the executive director of the Hawaii State Commission on the Status of Women. The Commission provides logistical support to the Coalition and assists in shaping policy. The Coalition gives voice to those issues of interest to women and allies that may not receive a hearing in other venues. It is open to all pro- choice women and consists of individuals and organizations interested in submitting legislation, creating community awareness and advocating for issues of interest to women and families. MISSION STATEMENT The Hawaii Women's Coalition is a catalyst for progressive, social, economic, and political change through action on critical issues facing Hawaii's women. The issues we support include, but are not limited to: reproductive justice, prevention and intervention of violence against women including domestic violence and sexual assault; pay equity, including issues of comparable worth; welfare reform, tenants rights, houselessness, support for low income families; and other civil and human rights. Main Package COMPASSIONATE CARE For over 16 years the women's advocacy community has sought legislation that would require hospitals to offer this simple, low -cost remedy to rape victims in emergency rooms across the State. Provision of emergency contraception is considered the standard of care by hospital certification agencies. In the aftermath of rape, survivors find themselves dealing with a host of reproductive and sexual health issues, including pregnancy. Statistics vary, but indicate that approximately 5 -8% of all rapes result in pregnancy. Emergency contraceptives are a safe and effective way to prevent a pregnancy as the result of a rape. EC is a high dose contraceptive that is highly effective in preventing pregnancy after a sexual assault or unprotected sex. EC is not the "abortion" pill, nor does it cause abortion. Providing EC in the ER is the accepted standard of care as recognized by The American Medical Association and The American College of Obstetrics and Gynecology. However, in Hawaii, access to EC in emergency rooms is inconsistent, with some hospitals failing to offer it to survivors. The Women's Coalition supports legislation that would require all emergency care providers that treat survivors of sexual assault to provide information about Emergency Contraception and to provide such medication to survivors when requested. 2 CSW 2012 -21 DOMESTIC WORKERS' BILL OF RIGHTS This legislation remedies the historical exclusion of domestic workers from federal and state labor laws by providing these workers with the same basic protections afforded other workers under Hawaii state law. The legislation would establish basic labor standards for domestic workers: an eight hour work day; overtime pay; one day off a week; paid vacation, holiday, and sick days; advance written notice of termination; the right to organize and bargain collectively; and a means to enforce these rights in court. It also prohibits sexual harassment and other harassment based on gender, race, religion or national origin. PAID SICK AND SAFE LEAVE This legislation establishes workers' right to accrue sick and safe leave in order to provides paid sick leave to private sector workers to care for themselves or a family member when they are ill and to seek medical care. Women are more affected, as they are most often the family caregivers and are often penalized with lack of promotion due to absences related to caregiving. LACTATION ACCOMMODATION 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. 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. The Women's Coalition supports expanding this requirement to an employer of more than 20 employees, therefore benefiting more of Hawaii's working mothers. JURY DUTY EXCLUSION FOR BREASTFEEDING WOMEN Only one in five children in Hawaii receives the absolute minimum of six months exclusive breastfeeding, and fewer than one in three are receiving any breast milk at twelve months (1) as recommended by the American Academy of Pediatrics and the World Health Organization to reduce risk of obesity, diabetes, infectious disease, asthma, allergies and certain childhood cancers. Women who breastfeed their children benefit too, with lower rates of breast and ovarian cancer, less metabolic syndrome and type 2 diabetes. Society benefits with lower health insurance costs and higher worker productivity. Mother -child separation presents a serious challenge to continuing breastfeeding. Jury duty is an "easy win ": it costs nothing to exempt a breastfeeding woman from jury duty, and can make a big difference in preserving the breastfeeding relationship. A woman should never have to worry about how she is going to feed her baby while required to sit in a courtroom, or is sequestered. Additionally, not every woman has the necessary pump and supplies to pump milk for her baby. Since direct breastfeeding is considered superior to pumping and bottle feeding by experts, mothers who stay at home with their children would not have the reason to own a pump. 3 CSW 2012 -21 FULL MARRIAGE EQUALITY This would require removing the references in the marriage chapter that limit marriage to one man and one woman and modification of any other language in that Chapter accordingly. As provided for civil unions, allow for couples to seamlessly migrate from civil unions to marriage and marriage to civil unions as long as the parties are identical. BIRTH CERTIFICATES This legislation would protect the civil rights of transgender individuals who need birth certificates that accurately reflect their true gender and reflect the individualized nature of transgender health care. Legislation will amend Hawai'i's birth certificate law to eliminate the surgery requirement and other obstacles to correcting an individual's sex designation while protecting that person's privacy. RESO- REPRODUCTIVE HEALTH CARE ACCESS FOR MILITARY WOMEN This resolution requests the U.S. Congress to fund abortions for servicewomen and lift the ban on private funding of abortions at military bases. Although cases of rape and incest are now currently covered, a servicewoman or military family member who chooses not to disclose a rape or who faces an unintended pregnancy cannot even use her own money to obtain abortion care. In countries where comprehensive reproductive healthcare is not available, the challenges only increase. Often, these policies force women to make difficult decisions: to carry an unwanted pregnancy to term, to attempt to access care in substandard or unsafe facilities, or to attempt to fly to a country where safe care can be delivered. ASKING CONGRESS TO REPEAL OF COMBAT EXCLUSIONARY RULE (Resolution) A 2008 report to Congress showed that one in three military women are raped by fellow service members in the course of their career. This deplorable circumstance is a direct result of the combat exclusionary rules that do not keep women out of combat but instead keep their promotion rates low. This in turn results in far too few women in senior positions on the battlefield. Experience and statistics show that when senior female enlisted members and officers are present in significant numbers sexual harassment and rape decreases. The military on military violence in the volunteer force represents an epidemic that must be stopped. Repeal of these archaic rules will go a long way towards doing that. SUPPORT PACKAGE RAISING THE MINIMUM WAGE This bill would raise the minimum wage. In Hawaii, 47% of full -time, minimum wage workers are women. The minimum wage has not been raised since 2007; since then, the cost of living has risen 16 %1. According to the self- sufficiency data gathered by DBEDT, a single mother with a preschooler living on Oahu needs to earn $44,538 per year, or $21.09 per hour, 1 Hollis, Annie, "Minimum Wage is a Women's Issue" fact sheet, Hawaii State Commission on the Status of Women (2012). 4 CSW 2012 -21 to be economically self- sufficient. That number only increases with additional children, even if there are two adults at home. A full -time, minimum wage job pays $15,312 per year at current rates —for a single mother to approach the self- sufficiency standard, she would have to work three full -time, minimum wage jobs. Women earning minimum wage face difficult choices because they don't earn enough to support themselves on one full -time job. They can choose to work two jobs, which can have long- lasting consequences to their health and their family's health; they can use public benefits, increasing the cost to taxpayers; or they can choose to go without vital needs lie adequate housing, childcare or food. ELIMINATION OF ASSET TESTS FOR TANF RECIPIENTS This bill would eliminate the asset test for families receiving general assistance through the TANF program. This change would better support and encourage families using benefits to build their assets so they can weather unexpected financial shocks and move out of poverty, reducing their dependence on assistance. CONTINUING EDUCATION FOR SOCIAL WORKERS Continuing education for social workers will mandate that all licensed social workers in Hawai'i receive 15 hours of continuing education per year in order to renew their licenses each licensing period. 48 other states require that social workers complete continuing education to maintain licensure -- continuing education is the national standard to promote professional services, protect clients, consumers, patients and communities, and increase adherence to social work ethics. Since so many of HawaiTs social workers work with vulnerable families, children, and older adults, it is critical that the women's community stand behind this bill to ensure communities are receiving the best quality of care from our social workers. FOSTER CARE EXTENSION This bill would extend voluntary foster care to young people until they are 21. Foster youth "age out of the system" at 18, and are often left homeless, without support. Others find themselves in the criminal justice system or unemployed. These children did not ask to be in foster care, and they can be helped to a better path with extended support. The federal Fostering Connections to Success and Increasing Adoption Act of 2008 allows states to extend Title IV -E eligibility to the age of 21. This means states can allow youth who are age 18 up until age 21 to continue to receive support for room and board through appropriate placements, case management, and adoption and guardianship subsidies. The developmentally appropriate extension of foster care beyond 18 includes voluntary agreement for services, case managers with specialized training and the option to re -enter care. Services are designed to provide support, foster interdependence, and provide stable, long -term relationships. The program is designed to promote positive brain and emotional development, provide opportunities for youth planning and decision - making, and build relational permanency and social capital. Under Title IV -E Hawaii pays for about half of the costs of these services for youth who are eligible for IV- E, and the federal government pays for the other half. STRUCTURED COMMUNITY PLACEMENT FOR ELIGIBLE NONVIOLENT WOMEN 5 CSW 2012 -21 This legislation would result in substantial benefit to the community and to incarcerated women. The state would realize a large financial savings by releasing women to structured community placement vs. retaining women in incarceration. The current cost of incarceration is $3,810 per woman per month based on the department of public safety's cost of $127 per day. The cost of structured community placement with monitoring and services individualized by each woman is $1,500 per month or $50.00 per day. This would enable these women to reunite with their families while accessing the services of a women's furlough program such as TJ Mahoney's Ka Hale Ho'ala Hou No Na Wahine on Oahu. PROOF OF RESIDENCY There is increasing pressure, particularly from the federal government, to require persons to establish their legal identity. These statutes typically require that a person present a birth certificate, driver's license or some other form of government- issued identification. These requirements have a disproportionate adverse effect on the elderly and immigrants. For these populations, the records needed to establish their identification may have been destroyed or are located in a foreign country, which may or may not, have the required records. This legislation creates a task force to engage in a two -year study to: 1) identify all statutes requiring a person to establish identification; 2) make recommendations for both state and federal legislation that allows a person alternative avenues to establish identity, 3) work with the attorney general and the judiciary to determine what forms of evidence might be considered, such as, but not limited to, expired government documents, current government documents without photos, nongovernment documents, statements under oath, etc., 4) determine what would be the best form to document the findings of these evidentiary hearings, e.g., a "certificate of identification." VOTING MODERNIZATION Converting the entire State to vote by mail by 2016, with provision for Election day registration and a strong voter education program; a small appropriation of $250 thousand for planning purposes is included ELECTION OBSERVERS Codifies the existing election observer program operated by the Office of Elections in Counting Centers; it describes the duties of these elections observers ELECTIONS COMMISSION Adds the duty of "oversight of the Chief Elections Officer" to the existing duties of the Elections Commission. MANDATE COMPREHENSIVE SEX EDUCATION Sex education in our schools is still suffering from decades of under - funding, sporadic implementation by individual schools, and the disproportionately funded disinformation of the abstinence only programs. With the rise of sexually transmitted infections ( "STls ") and pregnancy rates among Hawaii's teens, it is critical that we give our students the tools that they need to stay safe and protect their health. Currently, Hawaii does not require its schools to provide students in grades K -12, at all public elementary and secondary schools, with sex education. However, research shows that access to medically accurate, age- appropriate and comprehensive information helps young people delay the initiation of sex, increase condom or A CSW 2012 -21 contraceptive use and reduce sexual risk taking. Therefore, we ask that you support legislation to require that the Department of Education provide medically accurate, developmentally and age- appropriate, comprehensive sex education in grades K -12 at all public elementary and secondary schools that teaches students the importance of waiting to have sex while providing accurate, age- appropriate information about healthy relationships and behaviors, effective contraceptive use and STIs. This bill is good policy for Hawai'i because it ensures that young people are given balanced and factual information, free of religious biases and value judgments, to enable them to make healthy life decisions. 911 GOOD SAMARITAN (MEDICAL AMNESTY) 911 Good Samaritan Policies are life- saving measures that enable people to make responsible decisions by shielding them from punishment when they call for medical help during an emergency relating to alcohol or other drugs. When someone in America overdoses, a call for help occurs less than 50% of the time; fear of police involvement is the most common reason for not calling 911 during an overdose. The increase in unintentional drug poisonings has made this the third leading cause of fatal injuries among Hawai'i residents over the last 5 years. Over the last 20 years, unintentional drug overdoses have surpassed car crashes, homicides, drownings, and pedestrian fatalities as a leading cause of injury mortality. MEDICAL RELEASE /COMPASSIONATE RELEASE PROGRAM Requires the department of public safety to assess and refer inmates to the Hawai'i paroling authority (HPA) for possible medical release. Provides that an inmate in the custody of the department shall be eligible to be considered for medical release if the inmate meets specified criteria, grants an inmate the right to appeal and requires HPA to set reasonable conditions on an inmate's medical release EYE WITNESS IDENTIFICATION Establishes procedures for eyewitness identification of persons in live lineups and photo lineups who are suspected of perpetrating an offense. SAFE SCHOOLS ACT This bill would prohibit discrimination in Hawai'i's public schools and public charter schools and would protect students from bullying, cyberbullying, harassment and intimidation. 7 CSW 2012 -21 Mercedes Youn From: Lisa Ellen Smith (debrannan @gmail.com] Sent: Wednesday, June 06, 2012 9:59 AM To: Mercedes Youn Subject: Good Morning Attachments: HSCSW Mandate color web.pdf; HB2228_HD1 TEST[MONY_JUD_02- 21 -12_ pdf Follow Up Flag: Follow up Flag Status: Flagged Categories: Red Category Dear Mercedes, At the HSCSW meeting held yesterday. We were provided with the following legislative report. Several women's legislative bills faced our representatives this year. At the beginning of the legislative session we attended the opening of the Hawaii Women's Legislative Caucus to review and supported those bills. Here is a link to the list of bills: http• / /www capitol hawaii. og v /rgport.aspx ?type=packa eg &key =12& name = Women %27s +Legislative+Caucus HB 2232 Informed Consent bill did pass this legislative session. This bill "Prohibits physicians, osteopathic physicians, surgeons, or students participating in a course of instruction, residency program, or clinical training program from performing a pelvic examination on an anesthetized or unconscious female patient unless the patient gives prior verbal or written informed consent to the pelvic examination, the performance of a pelvic examination is within the scope of care for the surgical procedure or diagnostic examination scheduled to be performed on the patient, or the patient is unconscious and the pelvic examination is required for diagnostic purposes." The Justice Reinvestment Act did pass, this bill will help reduce this state's dependence on out -of -state prisons, as of 2011, 1/3 of Hawaii's prisoners are housed out of state. Other specific women's bills that did not passed were the sexual education bill which would have "Amend(ed) existing sex education law. Require curricula to include information on abstinence, contraception, and 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. § 367 -3 (1999) requires the Hawaii Civil Rights Commission to collect, assemble and publish data concerning instances of discrimination involving breastfeeding or expressing breast milk in the workplace. The law prohibits employers to forbid an employee from expressing breast milk during any meal period or other break period. H( B 266) CSW 2012 -21 CSW 2012 -21 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; HB 2774) Hawaii Rev. Stat. � 489.21 and 4§ 89 -22 provide that it is a discriminatory practice to deny, or attempt to deny, the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodation of a place of public accommodations to a woman because she is breastfeeding a child. (citation 6/6/2012: httv:// www. ncsl. org/issues- research/health/breastfeediniz- state- laws.asvx) 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 46 1 -1 The Chair Leslie Wilkins (Maui) reported about an upcoming event "Women of Power: Stand Down for Women" July 12 at the Honolulu Design Center this will be a partnership with the YWCA and Veterans organizations in providing opportunities to returning women veterans find civilian employment. The event will be held 9 -4 and will have networking opportunities as wellas career workshops. Hawaii will have 900 women returning home in the next 18 months. In addition, with the end of the fiscal year upon us, there are unencumbered funds that needed to be dedicated. I have learned that Big Island and Maui have made direct funding requests for specific projects that they have supported. Representative Elena Cabatu provided us examples of radio ads produced by local student and funding was provided by HSCSW to purchase air time, Hawaii County also produces an islandwide Urgent Services Directory and HSCSW has helped with the printing costs, and a general request for $1,000 to help promote their four annual events such as their Why Walk event. check will be sent to the Kauai Commission for use on projects related to the mandates of the law (attached). Examples will be included in the letter to be sent by our executive director Cathy Betts. At yesterday's HSCSW, we voted to have a table at next week's 35th Annual YWCA Luncheon (information below), we extend a seat to each of the County's Chair's or designated member. I realize this is very short notice and flight was not included, however, please extend to Uli or her designated that Kauai has a seat available and all expressed a desire to have someone from each island attend, if no one is able to attend, could you let me know by Friday, if possible. I was unable to attend the March meeting, due to a prior obligation, please note the above event was discussed and decided just yesterday. LE http: / /www.ywca org/site/pi).asv?c--9fLGJSOyHpE&b=295047 101-1 CSW 2012 -21 HAWAII STATE COMMISSION ON THE STATUS OF WOMEN Hawaii Revised Statutes (HRS) 367 Purpose. The legislature finds that the work of the state commission on the status of women, established by the governor by executive order on May 15, 1964, demonstrates the need for a continuing body to aid in the implementation of its recommendations, to develop long -range goals, and to coordinate research planning, programming, and action on the opportunities, needs, problems, and contributions of women in Hawaii. It is the purpose of this chapter to provide for a statewide program, on a permanent and continuing basis, on the status of women in Hawaii. Powers and duties of commission. The commission shall: (1) Act as a cenrral clearinghouse and coordinating both- for governmental and nongovernmental activities and information relating to the status of women; (2) Create public awareness and understanding of the responsibilities, needs, potentials, and contributions of women and their roles in the changing society; (3) Recommend legislative and adtninistrative action on equal treatment and opportunities for women; (4) Encourage a long -range program of education of women in their political rights and responsibilities, particularly with respect to their voting duties; (5) :Maintain contacts with appropriate federal, state, local, and international agencies concerned with the status of women; (6) Cooperate and collaborate with national groups on the status of women and arrange for participation by representatives of the State in \X'hite House conferences and other national conferences from time to time; (7) Administer funds allocated for its work; be authorized to accept, disburse, and allocate funds that may become available from other governmental and private sources; provided that all such funds shall be disbursed or allocated in compliance with any specific designation stated by the donor and in the absence of such specific designation, such funds shall be disbursed or allocated on projects related to any of the purposes of this chapter, and (8) Submit an annual report with recommendations to the governor and the legislature. CSW 2012 -21 HAWAII STATE COMMISSION ON THE STATUS OF WOMEN %95g Chair LESLIE WILKINS COMMISSIONERS: ELENA CABATU ADRIENNE KING CARMILLE LIM AMY MONK LISA ELLEN SMITH CAROL ANNE PHILIPS Executive Director Catherine Betts, Esq. Email: DHS.HSCSW @hawaii.gov Web: www.haweb.gov /dhs/women/ HSCSW 235 S. Beretanla #407 Honolulu, HI 96813 Phone: 808 -586 -5758 FAX 808586 -5756 February 20, 2012 Testimony in Support of HB 2228, HD 1 To: Representative Gilbert S.C. Keith - Agaran, Chair 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. In 2009, 50% of all mothers with children younger than twelve months old were employed. 69% of these women worked full time. 1 Working mothers face a difficult 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 many economic benefits that follow when female employees are allowed to continue breastfeeding, including lower health care costs, lower absenteeism, and lower turnover rates. Employees whose employers provide breastfeeding support report improved morale, better satisfaction with their employment and higher productivity. 2 While federal legislation requires employers with more than 50 employees to 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 make reasonable efforts to provide a clean location for breastfeeding, we nonetheless support HB 2228, HD 1, and respectfully request that this Committee pass this important piece of legislation. Furthermore, as amended in HD 1, a civil fine of $50.00 for each violation is reasonable. Thank you for this opportunity, Catherine Betts, Esq. 1 U.S. Department of Labor, Bureau of Labor Statistics, Table 6, Employment Status of Mothers (2010). 2 The Business Case for Breastfeeding, U.S. Department of Health and Human Services, Health Resources and Services Administration (2008). CSW 2012 -21 (AFIA OFFICE OF HAWAIIAN AFFAIRS Legislative Testimony HB 2228 Relating to Breastfeeding in the Workplace Committee on Judiciary February 9, 2012 2.00 p.m. Room 325 The Office of Hawaiian Affairs (OHA) SUPPORTS HB 2228, which requires employers with twenty or more employees to make reasonable efforts to provide a clean location for breastfeeding employees to express breast milk in privacy, and provides for a civil fine for failure to comply. OHA's strategic plan includes a health priority, which states that to improve the quality and longevity of life, Native Hawaiians will enjoy healthy lifestyles and experience reduced onset of chronic diseases. According to the United States Department of Health & Human Services, Office of Women's Health (OWH) and the Agency for Healthcare Research and Quality (AHRQ), breast milk reduces the risks for the onset of chronic diseases in infants by lowering the risks for respiratory infections, Asthma (young children), types I & II 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 II 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. Wherefore, OHA urges the committee to PASS H8 2228. Mahalo for the opportunity to testify on this important measure. CSW 2012 -21 t� OF I,t ,�* �0a0 � q� T■ ■� 830 PuNcHunn S'[RMr, ROOM 411 HONOLULU, HI 96813 -NON& 586.8636 FAX: 586 -8655 TDD: 568 -8692 February 21, 2012 2:00 pm Room 325 To: The Honorable Gilbert Keith- Agaran, Chair and Members of the House Committee on Judiciary From: Linda Hamilton Krieger, Chair and Commissioners of the Hawaii Civil Rights Commission Re: H.B. No. 2228, H.D.1_ The Hawaii Civil Rights Commission (HCRC) has enforcement jurisdiction over state laws prohibiting discrimination in employment, housing, public accommodations, and access to state and state - funded services. The HCRC carries out the 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. I, Sec. 5. H.B. 2228, H.D.I would amend H.R.S- §378 -10 to require employers with 20 or more employees to make reasonable efforts to provide a clean location for breastfeeding employees to express breast milk in privacy. The proposed amendment partially conforms H.R.S. §378 -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, CSW 2012 -21 apply to employers with 50 or more employees. FSLA protections for breastfeeding fall under the jurisdiction of the U.S. Department of Labor (DOL) Wage and Hour Division, and not the HCRC's federal counterpart, the U.S. Equal Employment Opportunity Commission (EEOC). The HCRC supports the intent of S.B. 2573, as it has consistently supported proposals requiring or encouraging employers to allow and make accommodation for breast feeding and expression of breast milk. However, the HCRC objects to the placement of this new regulation under the enforcement jurisdiction of the HCRC. While this is good policy, it is unlike the civil rights protections against discrimination in the laws that the HCRC enforces. Again, it is worth noting that the federal FLSA is not enforced by our counterpart, the EEOC, but by the US DOL Wage and Hour Division. More to the point, the proposed breastfeeding protections are health and safety regulations, rather than civil rights protections within the enforcement mandate of the HCRC. Specifically, the HCRC does not have the expertise or facilities to determine whether a location is "clean ". Accordingly, the HCRC strongly urges the Legislature to move the current breast feeding protections in H.R.S. §378 -10 and any new regulation enacted, out of H.R.S. chapter 378, part L and HCRC jurisdiction. The breast feeding law should be placed under the jurisdiction of an agency that has expertise and facilities required to effectively enforce the law. And finally, there are costs associated with enactment of laws that are a mish- mash of dissimilar protections, in this case a regulation that is not a civil rights protection, without a conceptual framework, and putting them under the jurisdiction of 2 CSW 2012 -21 the HCRC. The HCRC has lost over 25% of its general funded full time permanent enforcement staff (investigators and attorneys), white 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 I, and HCRC jurisdiction, and place this regulation under the jurisdiction of an agency that has appropriate expertise. Thank you for considering the HCRC's concerns. 3 CSW 2012 -21 January 30, 2012 To: Representative Gilbert Keith- Agamn, Chair Representative Karl Rhoads, Vice Chair and Members of the Committee on Judiciary From: Jeanne Ohta, Co -Chair RE: HB 2228 HDI Relating to Breastfeeding in the Workplace Hearing: Tuesday, February 21, 2012, 2:00 p.m., Room 325 Position: Support Good afternoon, I am Jeanne Ohta, Co -Chair of the Hawaii State Democratic Women's Party testifying in support of HB 2228 HDI, Relating to Breastfeeding in the Workplace. The Hawaii State Democratic Women's Caucus is a catalyst for progressive, social, economic, and political change through action on critical issues facing Hawai`i's women and girls. It is because of this mission, the Women's Caucus supports this measure. According to the US Department of Health and Human Services Office on Women's Health, breastfeeding can help improve an infant's immune system, protecting her from germs and illness. It may also prevent illness such as ear infections, stomach viruses, asthma, obesity, types 1 and 2 diabetes, childhood leukemia, and some respiratory infections.' Mothers also benefit from breastfeeding, as it lowers the risk of breast and ovarian cancer, type 2 diabetes and reduces post partum depression.2 Nursing mothers returning to the workplace need adequate time and space to express breast milk while at work. In 2010, the Fair Labor Standards Act was amended to require that employers with more than 50 employees provide reasonable break time for employees to breastfeed as well as a private and clean space for expressing breast milk, other than a bathroom.3 Because we believe that all women deserve this same protection, we support HB 2228 HDI 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 to employees informing them of their right to express breast mills at work. 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. t US Dept. of Health and Human Services, Office of Women's Health, Breastfeediag Fact Sheet, h n: llw ww .womensbealth.gov/publications/ our- publications /fact- sheetj re astfeeding cfm#a 2 Id. 3 Fair Labor Standards Act, 29 U.S.0 §207(r)(1) (2010) HaY41 State Demoaafic Women's Caucus, 1050 Ala Moana Slvd #D-26, Honolulu, HI 96614, hidemxradcwomenscaumm @pyahoo.com CSW 2012 -21 Planned Parenthood 1350 S. King Street • Suite 309 • Honolulu, Hawaii 96814 • www.pghi.uS • Phone: 808 -589 -1156 • Fax: 808 -589 -1404 February 20, 2012 Testimony in Support: HB 2228 HDi To: Chair Gilbert Keith - Agaran, Vice Chair Karl Rhoads, and Members of the House Committee on Judiciary From: Katie Polidoro, Director of Government Relations & Public Affairs Re: Testimony in Support of HB 2228 HD1, Relating to Breastfeeding In the Workplace Thank you for hearing HB 2228 HD1. Planned Parenthood of Hawaii (PPHI) strongly supports HB 2228 HD1, which would require employers to provide a clean and private location for new mothers to express breast milk and to post signs informing employees of their right to breastfeed in the workplace. Many new mothers are faced with difficult choices when returning to the workplace, including the ability to continue 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. 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. PPHI believes in providing all 'individuals with the information and tools they need to raise healthy and strong families. Accordingly, we support HB 2228 HD2 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, wwwmenshealtb.gQvj�oublications/ our - publications /fact- sheet/breude dine.dm#a id. 3 Fair Labor Standards Act, 29 U.S.C. §207(rxl) (2010) Hanotofu Heath Center Kaaas Kona Hatth Center Kahuhd QUU0 N-Wth Center LM & Kfng sweet. Smte 330 75.184 HuWUW Rana. soft 2Z 140 Waftma Suet, suftt 303 Honmiul% M %614 X&OW Kant, H196740 KtlntbA HT %M 808- SWI149 OW32MI l 801111 -1174 (AM Wmtted ify Aprr7) CSW 2012 -21 Committee: Committee on Judiciary Hearing Date/Time: Tuesday, February 21, 2012, 2:00 p.m. Place: Room 325 Re: T'estimonv of the ACLU of Hawaii in strong suDDOrt of H.B. 2228. RDl. Relafins; to the Breastfeeding in the Workplace Dear Chair Keith- Agaran and Members of the Committee on Judiciary: In order to ensure full equality for women, workplace policies and practices must appropriately reflect the realities of pregnancy, childbirth, and breastfeeding in many women's lives. Numerous barriers remain to women's continued workforce participation and advancement once they have children, with both short and long -term consequences for women's earning potential and economic security.' Insufficient support for breastfeeding for women who return to the paid workforce after the arrival of a baby is among these barriers. These were among the concerns that animated the enactment of the amendment to the Patient Protection and Affordable Care Act, Public Law 1 i 1 -148 ( "Affordable Care Act'D. Citing the growing percentage of women who return to work within three to six weeks of giving birth, Senator Merkley characterized the provision as "simply an act of human decency to protect their right to continue [to] breastfeed after they return to work... [t]o help meet their basic needs with [] regard to the care and nourishment of their children.s2 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 Horne (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 180A to 37 %of their earning power, and that only 400/a were then able to return to paid full -time work despite a desire to do so); Marianne Bertrand et al., Dynamics of the Gender Gap for Young Professionals in the Financial and Corporate Sectors, 2 Am. Econ. J.: Applied Econ. 229, 252 (20 10) ( documenting increasing gap in career progress for female as compared to male M.B.A.s following graduation, and concluding that "[tJhe presence of children is the main contributor to the lesser job experience, greater career discontinuity, and shorter work hours for female MBAs'j. 2 Markup Hearing on H.R. 3590 Before the S. Comm. on Health, Education, labor, & Pensions, 111th Cong., 1" Sess. (Jun. 23, 2009) (continents of Senator Markley, Senate Sponsor). 3 id American Civil Liberties Union of Hawaii P.O. Box 3410 Honolulu, Hawaii 96801 T: 808.522 -5900 F: 608.522{6909 E: office@acluhawaii.org www.aduhawail.org CSW 2012 -21 Hon. Rep. Keith- Agaran, Chair, JUD Committee and Members Thereof February 21, 2012 Page 2 of 2 including women's ability to continue breastfeeding upon return to the paid workforce.4 From the first federal summit on breastfeeding in 1984 to the signing of the World Health Organization Innocenti Declaration on the Protection, Promotion and Support of Breastfeeding in 1990,5 to as recently as this year, when the Surgeon General issued a "Call to Action to Support Breastfeeding" outlining steps that various sectors might take to improve breastfeeding rates, promotion of breastfeeding has been a "key public health issue in the United States "6 In light of the legislative concerns motivating this provision of the Fair Labor Standards Act (FLSA), and the strong federal public policy in favor of breastfeeding promotion, we strongly urge this Committee to expand the requirements of H.R.S. §378 -10 to ensure that employers provide breastfeeding women with an appropriate space in their place of employment to express their breast milk. The mission of the ACLU of Hawaii is to protect the fundamental freedoms enshrined in the U.S. and State Constitutions. The ACLU of Hawaii fulfills this through legislative, litigation, and public education programs statewide. The ACLU of Hawaii is a non - partisan and private non- profit organization that provides its services at no cost to the public and does not accept government funds. The ACLU of Hawaii has been serving Hawaii for over 40 years. Sincerely, Laurie A. Temple Staff Attorney 4 See United States Department of Health and Human Services, Office of the Surgeon General, The Surgeon General's Call to Action to Support Breastfeeding at 5 (2011) [hereinafter "Surgeon General's Call to Action "] discussing Federal Policy on Breastfeeding'). See Department of Health and Human Services, Office of Women's Health, HIM Blueprint far Action on Breastfeeding ( 2000), ,bM:/Awww womenshadth ¢mAmhbme breasthcWngiJ ro luep&ts/blupmtbk2 pdf United Nations Children's Fund, World Health Organisation, Innocent! Declaration on the Protection, Promotion and Support of Breastfeeding (1990) (Adopted by U.S. at WHOMNICEF policymakers' meeting Breastfeeding in the 1990x. A Globallnidadve, co- sponsored by the United States Agency for International Development and the Swedish International Development Authority (SIDA), in Florence, Italy), httn://www.miccf--org( prosramme /breastf�eeding[innocenti htm a Surgeon General's Call to Action, supra, at v. American Civil Liberties Union of Hawaii P.O. Box 3410 Honolulu, Hawaii 98801 T: 808.5225900 F: 808.5225809 E: oftice@acluhawaii.org www.acluhawall.org CSW 2012 -21 fit I LW11-AGI Ti: OF '*NVVVOME. I VC} t -:RSA` League of Women Voters of Hawaii 49 South Hotel Street, Room 314 j Honolulu, HI 96813 www.lwv- hawall.com 1808.531.7488 ( voters@wvhawait.com Judiciary committee Hearing: Tuesday, Feb. 21, 2012 Time: 2:00 p.m. Place: 325 SUBJECT: HB2228 HD1 Relating to breast - feeding in the workplace POSITION: SUPPORT Testimony: Chair Keith- lgaran, 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 postpartum depression. These Health benefits cannot be overlooked Federal law requires that employers with more than 50 employees provide reasonable break time for employees to breastfeed as well as a private and clean space for expressing breast milk, other than a bathroom. HB 2228 would expand this requirement to an employer of smaller size, therefore benefiting more of Hawaii's working mothers. We hope that eventually all employers provide private, clean and safe places to do this. The bill would also require employers to post information visible to employees about their right to express breast milk at work. Thank you for the opportunity to testify Joy MarshaI4 League of Women Voters of Hawaii CSW 2012 -21 Testimony for HB2228 on 2/21/2012 2:00:00 PM Page I 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: JUDWsU=ny Cc: Irnr @hawaii.edu Testimony for JUD 2/21/2012 2:00:00 PM HB2228 Conference room: 325 Testifier position: Support Testifier will be present: No Submitted by: Laura Reichhardt Organization: Individual -mail: lrnr @hawaii.edu Submitted on: 2/20/2012 Comments: Please support bill HB2228. Breastfeeding has numerous benefits for :pother 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. hops: / /nodeexhc /owa/ ?ae= Item: &t= IPM.Note &id= RgAA.AADgmyLjrvj LT6JacohhjZA7B... 2/21/2012 CSW 2012 -21