STAND. COM. REP. NO.2348
Honolulu, Hawaii
, 2002
RE: S.B. No. 2438
S.D. 1
Honorable Robert Bunda
President of the Senate
Twenty-First State Legislature
Regular Session of 2002
State of Hawaii
Sir:
Your Committee on Judiciary, to which was referred S.B. No. 2438, S.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO HAWAII VICTIMS' ECONOMIC SECURITY AND SAFETY ACT,"
begs leave to report as follows:
The purpose of this measure is to prohibit employer discrimination against actual or perceived victims of domestic or sexual violence but also recognize legitimate employer interests related to the safety of all persons in the workplace.
Testimony in support of this measure was submitted by the Department of Labor and Industrial Relations and Hawaii State Coalition Against Domestic Violence. The Unemployment Insurance Division submitted comments on this measure.
Your Committee finds that this measure:
(1) Enables a victim of domestic or sexual violence to take paid or unpaid leave, seek medical treatment, obtain abuse-related services, counseling, relocate, or take legal action;
(2) Upholds the provisions of collective bargaining agreements or employment agreements that contain equal or better benefits or rights regarding protection from domestic or sexual abuse;
(3) Prohibits an employer from discriminating against an employee who is a victim of domestic or sexual abuse;
(4) Enables a victim of domestic or sexual abuse to obtain unemployment insurance benefits if the victim suffers a loss of employment status as a consequence of the abuse;
(5) Provides training for unemployment insurance claims reviewers and hearings officers to understand and recognize symptoms and patterns of domestic or sexual abuse; and
(6) Establishes a workplace safety tax credit (nonrefundable) of up to forty per cent of the costs associated with domestic and sexual violence safety and education training as an incentive for employers to help prevent domestic and sexual abuse.
Your Committee finds that domestic violence crimes account for approximately fifteen per cent of total crime costs in the United States each year. Violence against women has been reported to be the leading cause of physical injury, having a devastating impact on women's physical and emotional health and financial security. This measure comprehensively addresses the many concerns of working victims of domestic violence. However, as noted in the previous Committees, this measure needs further discussion to address the U.S. Department of Labor's concerns.
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 S.B. No. 2438, S.D. 1, and recommends that it be referred to the Committee on Ways and Means.
Respectfully submitted on behalf of the members of the Committee on Judiciary,
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____________________________ BRIAN KANNO, Chair |
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