STAND. COM. REP. NO.936-02

Honolulu, Hawaii

, 2002

RE: S.B. No. 2438

S.D. 2

H.D. 1

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

 

Sir:

 

Your Committee on Judiciary and Hawaiian Affairs, to which was referred S.B. No. 2438, S.D. 2, 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 bill is to prohibit employer discrimination against actual or perceived victims of domestic abuse or sexual violence while also recognizing legitimate employer interests related to the safety of all persons in the workplace.

More specifically, this measure:

(1) Enables a victim of domestic or sexual violence to take paid or unpaid leave to:

(A) Seek medical treatment;

(B) Obtain services related to the violence;

(C) Obtain counseling;

(D) Relocate; or

(E) Take legal action;

(2) Upholds the provisions of any collective bargaining agreement, employment agreement, or employment benefits plan that contains equal or greater benefits or rights regarding protection from domestic or sexual violence;

(3) Prohibits an employer from discriminating against an employee who is a victim of domestic or sexual violence;

(4) Allows an individual to obtain unemployment insurance benefits if the individual suffers a loss of employment status as a consequence of domestic or sexual violence;

(5) Provides training for unemployment insurance claims reviewers and hearing personnel so that they comprehend the nature and dynamics of domestic or sexual violence and understand how to interact with victims of such violence; and

(6) Establishes a workplace safety program income tax credit up to a certain per cent of the costs associated with domestic or sexual violence safety and education training as an incentive for employers to help prevent such violence.

The Hawaii State Commission on the Status of Women, Hawaii State Coalition Against Domestic Violence, Domestic Violence Clearinghouse and Legal Hotline, and concerned individuals testified in support of the bill. The Hawaii Civil Rights Commission and Hawaii Women Lawyers supported the intent of the measure. The Department of Taxation, Department of Labor and Industrial Relations, and Society for Human Resource Management-Hawaii Chapter opposed the bill.

Your Committee finds that the measure is intended to address the concern that the problems of domestic abuse and sexual violence often follow the victim to the workplace. Although the various testifiers have reached a consensus about the language of the bill, further discussion remains necessary to craft a measure satisfactory to all parties involved.

Your Committee has amended this bill by:

(1) Deleting the term "domestic or sexual violence" and its definition;

(2) Adding the term "dating relationship" and its definition;

(3) Deleting the term "domestic violence" and its definition and replacing it with the term "domestic abuse" and its definition;

(4) Adding the term "extreme psychological abuse" and its definition;

(5) Amending the definition of the term "family or household member";

(6) Adding the term "malicious property damage" and its definition;

(7) Adding the term "sexual violence" and its definition;

(8) Adding the term "victim of domestic abuse" and its definition;

(9) Adding the term "victim of sexual violence" and its definition;

(10) Limiting the category of individuals covered for the purpose of unemployment insurance to the victim and the victim's minor child domiciled with the child;

(11) Limiting the situations covered for the purpose of unemployment insurance to only voluntary separations;

(12) Requiring the victim to register for work and be deemed to be seeking work;

(13) Eliminating the requirement that unemployment insurance claims reviewers and hearing personnel receive training about domestic abuse and sexual violence;

(14) Eliminating the provision for the workplace safety program income tax credit; and

(15) Changing the effective date to July 1, 2050.

As affirmed by the record of votes of the members of your Committee on Judiciary and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2438, S.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2438, S.D. 2, H.D. 1, and be referred to the Committee on Finance.

Respectfully submitted on behalf of the members of the Committee on Judiciary and Hawaiian Affairs,

 

____________________________

ERIC G. HAMAKAWA, Chair