STAND. COM. REP. NO. 1071

                                   Honolulu, Hawaii
                                                     , 1999

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




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

Sir:

     Your Committee on Labor and Environment, to which was
referred H.B. No. 266, H.D. 2, entitled: 

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

begs leave to report as follows:

     The purpose of this measure is to prohibit discrimination in
the workplace against employees who are breastfeeding or
expressing breast milk.

     This measure also requires the Hawaii State Commission on
the Status of Women to accumulate, compile, and publish data
concerning incidences of discrimination involving breastfeeding
or expressing breast milk in the workplace.

     Testimony in support of this measure was received from the
Department of Health, the Hawaii Medical Association, the
American Academy of Pediatrics, the Community Clinic of Maui,
Kokua Kalihi Valley, Healthy Mothers Healthy Babies, Mothers
Care, Kapiolani Medical Center, and three individuals.  Testimony
in support of the measure with amendments was received from the
Hawaii State Commission on the Status of Women, the Hawaii State
Civil Rights Commission, and Parents and Children Together.

     Your Committee finds that the advantages of breastfeeding
include nutritional, immunological, and psychological benefits to
both the infant and mother.  In Hawaii, a high percentage of

 
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women attempt to breastfeed their infants in the hospital.  This
rate quickly declines by the six-week postpartum check,
coinciding with many women returning to the workplace.

     Your Committee finds that this situation may be remedied by
providing protection against discrimination of breastfeeding
mothers both in the workplace and in places of public
accommodations.  There is also a need to provide guidance to
employers as to the proper accommodations necessary to foster a
mother's ability to continue feeding her infant breast milk after
returning to work.

     Your Committee also finds that the Hawaii Civil Rights
Commission is the appropriate agency to report on the instances
of discrimination involving breastfeeding or expressing milk.

     Your Committee has amended this measure by:

     (1)  Amending the definition of "because of sex" in
          Chapter 378, Hawaii Revised Statutes, relating to
          employment practices, to include "breastfeeding or
          expressing milk";

     (2)  Rewriting the new material found in Section 2 of the
          measure to require an employer to provide up to one
          hour unpaid leave during the work day for breastfeeding
          or expressing milk and placing it in Chapter 378,
          Hawaii Revised Statues, relating to employment
          practices;

     (3)  Deleting the requirement that the Hawaii Commission on
          the Status of Women compile data and report on
          instances of discrimination because of breastfeeding;

     (4)  Deleting the specific provisions barring employers or
          labor organizations from discriminating against
          breastfeeding women; and

     (5)  Amending the Discrimination in Public Accommodations
          Law to clearly state that it is a discriminatory
          practice "to restrict or limit the right of a woman to
          breastfeed a child in a place of public
          accommodations".

     As affirmed by the record of votes of the members of your
Committee on Labor and Environment that is attached to this
report, your Committee is in accord with the intent and purpose
of H.B. No. 266, H.D. 2, as amended herein, and recommends that
it pass Second Reading in the form attached hereto as H.B.

 
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No. 266, H.D. 2, S.D. 1, and be referred to the Committee on
Judiciary.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Labor and
                                   Environment,



                                   ______________________________
                                   BOB NAKATA, Chair

 
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