STAND. COM. REP. 1490

Honolulu, Hawaii

, 2003

RE: S.B. No. 931

S.D. 2

H.D. 2

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Finance, to which was referred S.B. No. 931, S.D. 2, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO HAWAII VICTIMS LEAVE ACT,"

begs leave to report as follows:

The purpose of this bill is to:

(1) Promote the State's interest in reducing domestic violence, sexual assault, and stalking by enabling victims of domestic or sexual violence to maintain the financial independence necessary to leave abusive situations, achieve safety, minimize the physical and emotional injuries from domestic or sexual violence, and reduce the devastating economic consequences of domestic or sexual violence to employers and employees;

(2) Promote the State's interest in ensuring that victims of domestic or sexual violence can recover from and cope with the effects of such violence and participate in criminal and civil justice processes, without fear of adverse economic consequences from their employers; and

 

(3) Ensure that victims of domestic or sexual violence can recover from the effects of such violence and participate in criminal and civil justice processes without fear of adverse economic consequences.

Specifically, this bill assists victims of domestic violence, sexual assault, and stalking by entitling employees to take paid or unpaid leave for the purpose of:

(1) Seeking medical attention;

(2) Obtaining services from a victim services organization;

(3) Obtaining psychological or other counseling;

(4) Temporarily or permanently relocating; or

(5) Taking legal action.

The Department of Labor and Industrial Relations, Hawaii State Coalition Against Domestic Violence, Na Loio Immigrant Rights and Public Interest Legal Center, First Unitarian Church, Domestic Violence Clearing House, and Hawaii Women Lawyers testified in support of this bill. The Department of Human Resources Development and Hawaii State Commission on the Status of Women supported the intent of the bill. The Chamber of Commerce of Hawaii, Society for Human Resource Management-Hawaii Chapter, and Building Industry Association opposed this measure.

Your Committee has amended this measure by:

(1) Clarifying that an employee is also entitled to take paid or unpaid leave to seek medical attention allowing the employee's minor child to recover from physical or psychological injury or disability caused by domestic or sexual violence;

(2) Clarifying that physical or psychological injury to or disability to an employee's minor child and the condition of the employee's minor child shall be considerations in determining a reasonable period of time for leave; and

(3) Making a technical, nonsubstantive amendment for purposes of clarity and consistency.

As affirmed by the record of votes of the members of your Committee on Finance that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 931, S.D. 2, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 931, S.D. 2, H.D. 2.

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

 

____________________________

DWIGHT Y. TAKAMINE, Chair