STAND. COM. REP. NO. 3324

                                   Honolulu, Hawaii
                                                     , 2000

                                   RE:  H.B. No. 2774
                                        S.D. 1




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred H.B. No.
2774 entitled: 

     "A BILL FOR AN ACT RELATING TO DISCRIMINATION IN PUBLIC
     PLACES,"

begs leave to report as follows:

     The purpose of this bill, as received by your Committee, is
to resolve ambiguity in the law by clearly stating that it is a
discriminatory practice to deny or attempt to deny access to or
use of public accomodations to a woman because she is breast
feeding a child.

     Your Committee finds that current law is unclear as to
whether discrimination based on breast feeding would be construed
to be illegal discrimination based on sex or familial status.
Your Committee further finds that this question comes up
frequently when a woman seeks to breast feed her child in stores,
in restaurants, and on public transportation throughout the
State.  Your Committee believes that this important policy
question is an appropriate one for the legislature to resolve and
express a position on through a clear statutory statement, which
this bill provides.  The health benefits of breast feeding are
widely acknowledged, and Hawaii's mothers should not be
unreasonably hindered in meeting the needs of their hungry
infants when in a public place.

     Your Committee strongly encourages the Civil Rights
Commission to develop educational programs, policies, and rules

 
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                                   STAND. COM. REP. NO. 3324
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to assist retail businesses, restaurants, and other places of
public accommodation in understanding what actions will or will
not be considered discrimination under the law as amended by this
bill.  Businesses will face questions of whether, for instance,
asking a breast feeding woman to move from a busy aisle to a
quiet corner is a reasonable request or unlawful discrimination.
It is your Committee's hope that the Commission will act
expeditiously to provide guidance to businesses regarding the
changes in the law.

     Testimony in support of this measure was submitted by the
Department of Health, the Hawaii State Commission on the Status
of Women, the Hawaii Civil Rights Commission, the American Civil
Liberties Union of Hawaii, the Hawaii Chapter of the American
Academy of Pediatrics, the Breastfeeding Promotion Council of
Hawaii, the Healthy Mothers Healthy Babies Coalition of Hawai'i,
Kaiser Permanente, Kapi'olani Medical Center, Kaua'i Medical
Clinic, Kokua Kalihi Valley, MothersCare for Tomorrow's Children,
Good Beginnings Alliance, and twelve individuals.

     Upon further consideration, your Committee has amended this
measure by:

     (1)  Changing the effective date to May 14, 20000; and

     (2)  Making technical, non-substantive changes for the
          purposes of clarity and style.

     As affirmed by the record of votes of the members of your
Committee on Judiciary that is attached to this report, your
Committee is in accord with the intent and purpose of H.B. No.
2774, as amended herein, and recommends that it pass Third
Reading in the form attached hereto as H.B. No. 2774, S.D. 1.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Judiciary,



                                   ______________________________
                                   AVERY B. CHUMBLEY, Co-Chair



                                   ______________________________
                                   MATTHEW M. MATSUNAGA, Co-Chair

 
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