STAND. COM. REP. NO. 1542

                                   Honolulu, Hawaii
                                                     , 1999

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




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

Sir:

     Your Committee on Judiciary, to which was referred H.B.
No. 266, H.D. 2, S.D. 1, 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 and public accommodations against women who are
breastfeeding or expressing breastmilk.

     Testimony in support of this measure was received from the
Department of Health, the Hawaii Civil Rights Commission, the
Hawaii State Commission on the Status of Women, the Hawaii
Chapter of the American College of Nurse-Midwives, the Hawaii
Chapter of the American Academy of Pediatrics, the Hawaii Nurses
Association, Healthy Mothers Healthy Babies Coalition of Hawaii,
Mother's Care for Tomorrow's Children, Lanai Community Hospital,
Waimanalo Health Center, Kapiolani Medical Center, and seven
concerned citizens.

     Your Committee finds that there are numerous advantages to
breastfeeding an infant.  Furthermore, it is important to ensure
that mothers who are returning to work are afforded the
opportunity to continue feeding breastmilk to their infants.

     Your Committee notes that there is a need to take more steps
to change the public's perception of breastfeeding in the

 
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                                   STAND. COM. REP. NO. 1542
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workplace.  This can be accomplished through an increased public
awareness campaign on the benefits of breastfeeding.

     Your Committee also notes that there is little data to
support or refute the anecdotal evidence of discrimination
against breastfeeding in the workplace and public accommodations.

     Your Committee has amended this measure by:

     (1)  Rewriting the new section of chapter 378, Hawaii
          Revised Statutes, to clarify that the employer shall
          not prohibit an employee from breastfeeding or
          expressing breastmilk during meal periods or breaks to
          which the employee is entitled; and 

     (2)  Inserting a provision that the Hawaii Civil Rights
          Commission shall collect data and report to the
          legislature regarding incidences of discrimination
          against women breastfeeding or expressing breastmilk in
          the workplace.

     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. 266, H.D. 2, S.D. 1, as amended herein, and recommends that
it pass Third Reading in the form attached hereto as H.B.
No. 266, H.D. 2, S.D. 2.

                                   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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