REPORT TITLE:
Breastfeeding

DESCRIPTION:
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

RELATING TO BREASTFEEDING.



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

 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
 

 
Page 2                                                     
                                     H.B. NO.           
                                                        
                                                        

 
 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:
 

 
Page 3                                                     
                                     H.B. NO.           
                                                        
                                                        

 
 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.
 
10 
 
11                           INTRODUCED BY:_________________________