Promotes the practice of breastfeeding in public accommodations
and places of work.

HOUSE OF REPRESENTATIVES                H.B. NO.486        
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  Chapter 235, Hawaii Revised Statutes, is amended
 2 by adding one new section to be appropriately designated and to
 3 read as follows:
 4      "235-      Breastfeeding facility; income tax credit.  (a)
 5 For taxable years beginning after December 31, 1999, each
 6 corporate resident taxpayer who files a corporate net income tax
 7 return for a taxable year, may claim a tax credit under this
 8 section against the Hawaii state corporate net income tax.  The
 9 tax credit:
10      (1) May be claimed for any portion of property used for the
11          sole purpose of breastfeeding or expressing milk; and
12      (2) Shall not exceed    per cent of the total cost of
13          building and maintaining the facility.
14      (b)  Tax credits which exceed the taxpayer's income tax
15 liability may be used as a credit against the taxpayer's income
16 tax liability in subsequent years until exhausted.
17      (c)  The director of taxation shall prepare such forms as
18 may be necessary to claim a credit under this section.  The
19 director may also require the taxpayer to furnish reasonable

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 1 information to ascertain the validity of the claim for credit
 2 made under this section and may adopt rules necessary to
 3 effectuate the purposes of this section pursuant to chapter 91."
 4      SECTION 2.  Section 387, Hawaii Revised Statutes, is amended
 5 by adding one new section to be appropriately designated and to
 6 read as follows:
 7      "387-      Breastfeeding.  An employer shall provide
 8 employees with up to one-half hour per working day for the sole
 9 purpose of breastfeeding or expressing milk for a period not to
10 exceed one year after the birth of a child."
11      SECTION 3.  Section 489-5, Hawaii Revised Statutes, is
12 amended by amending subsection (b) to read as follows:
13      "(b)  It is a discriminatory practice [to deny]:
14      (1) To deny a person the full and equal enjoyment of the
15          goods, services, facilities, privileges, advantages, and
16          accommodations of a place of public accommodations
17          because of the known disability of an individual with
18          whom the person is known to have a relationship or
19          association[.]; and
20      (2) To restrict or limit the right of a woman to breastfeed
21          a child in a place of public accommodations."
22      SECTION 4.  Section 707-732, Hawaii Revised Statutes, is
23 amended by amending subsection (1) to read as follows:

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 1      "707-734  Indecent exposure.(1)  A person commits the
 2 offense of indecent exposure if, the person intentionally exposes
 3 the person's genitals to [a person] another to whom the person is
 4 not married under circumstances in which the actor's conduct is
 5 likely to cause affront[.]; provided that this section does not
 6 apply to a woman breastfeeding in a public place."
 7      SECTION 5.  Statutory material to be repealed is bracketed.
 8 New statutory material is underscored.
 9      SECTION 6.  This Act shall take effect upon its approval.
11                           INTRODUCED BY:_________________________