Report Title:

Gender Equity; Preferences; Favoritism

 

Description:

Requires the elimination preferences in government contracts, programs, services, and workforce policies that affect parental roles in children's health, welfare, and education, that favor one parent over another. Prohibits those preferences after 06/30/03. (HDl)

THE SENATE

S.B. NO.

932

TWENTY-FIRST LEGISLATURE, 2001

S.D. 2

STATE OF HAWAII

H.D. 1


 

A BILL FOR AN ACT

 

relating to government.

 

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

SECTION 1. The legislature finds that the role of both parents in the raising of children is crucial to the development of healthy and wholesome family relationships. Both parents share responsibility in raising their children, regardless of whether or not they live in the same household. The legislature further finds that some government contracts, programs, and services unintentionally overlook the role of fathers in their involvement in their children's health, welfare, and education. Government should be encouraging and promoting the involvement of both parents in the family through its programs and workforce policies.

Research supports the important role fathers have in creating positive relationships with their children, for example:

(1) Fatherly involvement is important especially for very young children, since early childhood contributes to the development of emotional security, curiosity, and math and verbal skills;

(2) Higher levels of fatherly involvement in activities of their children, such as eating meals together, going on outings, and helping with homework, are associated with fewer behavioral problems, higher levels of sociability, and higher school performance, including adolescents;

(3) Fatherly involvement in children's schooling, such as volunteering at school and attending school meetings, parent-teacher conferences, and class events, is associated with higher grades, greater school enjoyment, and lower chances of suspension or expulsion;

(4) Father-child relationship affects daughters as well as sons, since girls who live with both parents do better academically and are less likely to engage in early sexual involvement and in alcohol and drug use; and

(5) Although negative peer influence is the major reason kids use drugs, research suggests that positive family influence is the main reason kids do not use drugs, with boys and girls having reduced risk of drug and alcohol use if their fathers are involved in their lives.

The legislature further finds that while government cannot make good parents, it can support efforts to help parents become the best mothers and fathers they can be.

The purpose of this Act is to remedy the imbalance by requiring that government contracts, programs, services, and workforce policies eliminate any preferences that have the effect of favoring one parent over another in the raising of their children.

SECTION 2. All state and county agencies with contracts, programs, services, and workforce policies that affect parental roles in children's health, welfare, and education, shall review those contracts, programs, services, and workforce policies and determine whether a preference exists that favors one parent over another in the raising of their children. If a determination is made that a preference exists or may exist, the agencies shall direct its staff and private sector providers to eliminate that preference by encouraging both parents, whether they are natural parents, step-parents, or adoptive parents, to be included in all contracts, programs, and services designed to assist in the raising of children. This directive shall not apply to a preference that:

(1) The State or a county determines to be in the best interest of the child; or

(2) Would impose an unreasonable burden on the State or a county by removing a preference from existing contracts, programs, services, or workforce policies.

SECTION 3. The Hawaii Revised Statutes is amended by adding a new section to be appropriately designated and to read as follows:

"§ - Parental preferences prohibited. (a) The purpose of this section is to recognize the unique challenges faced by mothers and fathers who are seeking to provide a positive influence in the lives of their children, that could be prevented by institutional gender preferences.

(b) Contracts, programs, services, and workforce policies of the State and counties shall not favor or create a preference for, whether intentionally or not, one parent over another in the raising of children, whether the parents are natural parents, step-parents, or adoptive parents.

(c) This section shall not apply to a preference that:

(1) The State or a county determines to be in the best interest of the child; or

(2) Would impose an unreasonable burden on the State or a county by removing a preference from existing contracts, programs, services, or workforce policies."

SECTION 4. This Act shall not be applied so as to impair any contract existing as of the effective date of this Act in a manner violative of either the Hawaii Constitution or Article I, section 10, of the United States Constitution.

SECTION 5. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval, except that section 3 of this Act shall take effect on June 30, 2003.