REPORT TITLE:
Breastfeeding


DESCRIPTION:
Provides a tax credit for businesses that provide a safe and
secure area for a new mother to breastfeed.  Promotes the
practice of breastfeeding in places of work.  Requires the State
Commission on the Status of Women to accumulate, compile and
publish information regarding breastfeeding discrimination in the
workplace. (HB486 HD1)


 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        486
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
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                   A  BILL  FOR  AN  ACT

RELATING TO BREASTFEEDING.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Chapter 235, Hawaii Revised Statutes, is amended
 
 2 by adding one new section to be appropriately designated and to
 
 3 read as follows:
 
 4      "§235-      Breastfeeding facility; income tax credit.  (a)
 
 5 For taxable years beginning after December 31, 1999, each
 
 6 corporate resident taxpayer who files a corporate net income tax
 
 7 return for a taxable year, may claim a tax credit under this
 
 8 section against the Hawaii state corporate net income tax.  The
 
 9 tax credit:
 
10      (1) May be claimed for any portion of property used for the
 
11          sole purpose of breastfeeding or expressing milk; and
 
12      (2) Shall not exceed    per cent of the total cost of
 
13          building and maintaining the facility.
 
14      (b)  Tax credits which exceed the taxpayer's income tax
 
15 liability may be used as a credit against the taxpayer's income
 
16 tax liability in subsequent years until exhausted.
 
17      (c)  The director of taxation shall prepare such forms as
 
18 may be necessary to claim a credit under this section.  The
 
19 director may also require the taxpayer to furnish reasonable
 
20 information to ascertain the validity of the claim for credit 
 

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 made under this section and may adopt rules necessary to
 
 2 effectuate the purposes of this section pursuant to chapter 91."
 
 3      SECTION 2.  Section 387, Hawaii Revised Statutes, is amended
 
 4 by adding one new section to be appropriately designated and to
 
 5 read as follows:
 
 6      "§387-     Breastfeeding.  An employer may provide employees
 
 7 with adequate time during the working day for the sole purpose of
 
 8 breastfeeding or expressing milk for a period not to exceed one
 
 9 year after the birth of a child."
 
10      SECTION 3.  Section 367-3, Hawaii Revised Statutes, is
 
11 amended to read as follows:
 
12      "§367-3 Duties of commission.  The commission shall:
 
13      (1) Act as a central clearinghouse and coordinating body for
 
14          governmental and nongovernmental activities and
 
15          information relating to the status of women;
 
16      (2) Accumulate, compile, and publish information concerning
 
17          instances of actual discrimination, and discrimination
 
18          in the law, against women[;], including instances of
 
19          discrimination involving breastfeeding or expressing
 
20          breastmilk in the workplace under chapter 378.  For
 
21          purposes of this paragraph, the term "breastfeeding"
 
22          means the feeding of a child directly from the breast by
 
23          a lactating woman;
 

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1      (3) Cooperate with the department of labor and industrial
 
 2          relations and other state departments and agencies and
 
 3          appropriate federal offices and agencies in correcting
 
 4          unlawful employment practices, in public and private
 
 5          employment, involving discrimination because of sex;
 
 6      (4) Create public awareness and understanding of the
 
 7          responsibilities, needs, potentials, and contributions
 
 8          of women as homemakers, workers, and active participants
 
 9          in community life and of the importance of each of these
 
10          roles in the changing society;
 
11      (5) Recommend legislative and administrative action on equal
 
12          treatment and opportunities for women;
 
13      (6) Seek improvements in educational and counseling programs
 
14          and policies to meet the needs of girls and women in
 
15          order better to prepare them for their roles in the home
 
16          and community;
 
17      (7) Encourage a long-range program of education of women in
 
18          their political rights and responsibilities,
 
19          particularly with respect to their voting duties;
 
20      (8) Maintain contacts with appropriate federal, state,
 
21          local, and international agencies concerned with the
 
22          status of women;
 

 
 
 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1      (9) Cooperate with national groups on the status of women
 
 2          and arrange for participation by representatives of the
 
 3          State in White House conferences and other national
 
 4          conferences from time to time;
 
 5     (10) Administer funds allocated for its work; be authorized
 
 6          to accept, disburse, and allocate funds which may become
 
 7          available from other governmental and private sources;
 
 8          provided that all such funds shall be disbursed or
 
 9          allocated in compliance with any specific designation
 
10          stated by the donor, and in the absence of such specific
 
11          designation, such funds shall be disbursed or allocated
 
12          on projects related to any of the purposes of this
 
13          chapter; and
 
14     (11) Submit an annual report with recommendations to the
 
15          governor and the legislature."
 
16      SECTION 4.  Section 378-2, Hawaii Revised Statutes, is
 
17 amended to read as follows:
 
18      "§378-2 Discriminatory practices made unlawful; offenses
 
19 defined.  It shall be an unlawful discriminatory practice:
 
20      (1) Because of race, sex, sexual orientation, age, religion,
 
21          color, ancestry, disability, marital status, or arrest
 
22          and court record:
 

 
 
 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1           (A)  For any employer to refuse to hire or employ or to
 
 2                bar or discharge from employment, or otherwise to
 
 3                discriminate against any individual in
 
 4                compensation or in the terms, conditions, or
 
 5                privileges of employment;
 
 6           (B)  For any employment agency to fail or refuse to
 
 7                refer for employment, or to classify or otherwise
 
 8                to discriminate against, any individual;
 
 9           (C)  For any employer or employment agency to print,
 
10                circulate, or cause to be printed or circulated
 
11                any statement, advertisement, or publication or to
 
12                use any form of application for employment or to
 
13                make any inquiry in connection with prospective
 
14                employment, which expresses, directly or
 
15                indirectly, any limitation, specification, or
 
16                discrimination;
 
17           (D)  For any labor organization to exclude or expel
 
18                from its membership any individual or to
 
19                discriminate in any way against any of its
 
20                members, employer, or employees; or
 
21           (E)  For any employer or labor organization to refuse
 
22                to enter into an apprenticeship agreement as
 

 
 
 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1                defined in section 372-2; provided that no
 
 2                apprentice shall be less than sixteen years of
 
 3                age;
 
 4      (2)  For any employer, labor organization, or employment
 
 5           agency to discharge, expel, or otherwise discriminate
 
 6           against any individual because the individual has
 
 7           opposed any practice forbidden by this part or has
 
 8           filed a complaint, testified, or assisted in any
 
 9           proceeding respecting the discriminatory practices
 
10           prohibited under this part;
 
11      (3)  For any person whether an employer, employee, or not,
 
12           to aid, abet, incite, compel, or coerce the doing of
 
13           any of the discriminatory practices forbidden by this
 
14           part, or to attempt to do so;
 
15      (4)  For any employer to violate the provisions of section
 
16           121-43 relating to nonforfeiture for absence by members
 
17           of the national guard;
 
18      (5)  For any employer to refuse to hire or employ or to bar
 
19           or discharge from employment, any individual because of
 
20           assignment of income for the purpose of satisfying the
 
21           individual's child support obligations as provided for
 
22           under section 571-52; [or]
 

 
 
 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1      (6)  For any employer, labor organization, or employment
 
 2           agency to exclude or otherwise deny equal jobs or
 
 3           benefits to a qualified individual because of the known
 
 4           disability of an individual with whom the qualified
 
 5           individual is known to have a relationship or
 
 6           association[.]; or
 
 7      (7)  For any employer or labor organization to refuse to
 
 8           hire, to discharge, or to withhold pay, demote, or
 
 9           penalize a lactating woman who breastfeeds or extracts
 
10           expressed breastmilk at the workplace.  For purposes of
 
11           this paragraph, the term "breastfeeds" means the
 
12           feeding of a child directly from the breast."
 
13      SECTION 5.  Statutory material to be repealed is bracketed.
 
14 New statutory material is underscored.
 
15      SECTION 6.  This Act shall take effect upon its approval.