CONFERENCE COMMITTEE REPORT NO. 90

                            Honolulu, Hawaii
                                            , 1999

                            RE:   H.B. No. 266
                                  H.D. 2
                                  S.D. 2
                                  C.D. 1




Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twentieth State Legislature
Regular Session of 1999
State of Hawaii

Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 1999
State of Hawaii

Sir:

     Your Committee on Conference on the disagreeing vote of the
House of Representatives to the amendments proposed by the Senate
in H.B. No. 266, H.D. 2, S.D. 2, entitled:

    "A BILL FOR AN ACT RELATING TO NEW MOTHERS BREASTFEEDING
    PROMOTION AND PROTECTION ACT,"

having met, and after full and free discussion, has agreed to
recommend and does recommend to the respective Houses the final
passage of this bill in an amended form.

     The purpose of this bill is to promote breastfeeding by:

     (1) Disallowing an employer to prohibit an employee from
         breastfeeding or expressing milk during any meal period
         or other break period to which the employee is entitled;
         and

     (2) Amending the definition of "because of sex" to include
         "breastfeeding or expressing breastmilk";

 
 
 
 
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     (3) Making it a discriminatory practice to restrict or limit
         the right of a woman to breastfeed a child in a place of
         public accommodation; and

     (4) Requiring the Hawaii Civil Rights Commission to:

         (A)  Accumulate, compile, and publish data concerning
              incidences of discrimination involving
              breastfeeding or expressing breastmilk in the
              workplace; and

         (B)  Submit a report to the Legislature on its findings
              no later than twenty days prior to the convening of
              the 2000 Legislature.

     Your Committee on Conference has amended this bill by:

     (1) Deleting reference to "breastfeeding" in the workplace
         during meal periods or other break periods required by
         law to be provided by the employer;

     (2) Adding reference to collective bargaining agreements
         when allowing employees to express breastmilk during
         meal periods or other break periods;

     (3) Deleting "breastfeeding or expressing breastmilk" from
         the definition of "because of sex";

     (4) Prohibiting employers or labor organizations from
         refusing to hire, or from discharging, withholding pay,
         demoting, or penalizing a lactating woman who
         breastfeeds or expresses breastmilk in the workplace;

     (5) Deleting the provision making it a discriminatory
         practice to restrict or limit the right of a woman to
         breastfeed in a place of public accommodation; and

     (6) Adding a provision which clarifies that nothing in this
         bill prohibits employers from establishing internal
         rules and guidelines for employees who may wish to
         breastfeed or express breastmilk in the workplace.

 
 
 
 
 
 
 
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     Your Committee on Conference is in accord with the intent
and purpose of H.B. No. 266, H.D. 2, S.D. 2, as amended herein,
and recommends that it pass Final Reading in the form attached
hereto as H.B. No. 266, H.D. 2, S.D. 2, C.D. 1.
                                   Respectfully submitted,

MANAGERS ON THE PART OF THE        MANAGERS ON THE PART OF THE
           SENATE                              HOUSE
                                   
                                   
                                   
______________________________     ______________________________
BOB NAKATA, Co-Chair               TERRY NUI YOSHINAGA, Co-Chair
                                   
                                   
                                   
______________________________     ______________________________
MATTHEW M. MATSUNAGA, Co-Chair     PAUL T. OSHIRO, Co-Chair
                                   
                                   
                                   
______________________________     ______________________________
SUZANNE CHUN OAKLAND, Member       IRIS IKEDA CATALANI, Member
                                   
                                   
                                   
______________________________     ______________________________
WHITNEY ANDERSON, Member           MARILYN B. LEE, Member
                                   
                                   
                                   
                                   ______________________________
                                   DAVID A. PENDLETON, Member