STAND. COM. REP. NO. 360

                                 Honolulu, Hawaii
                                                   , 1999

                                 RE: H.B. No. 1372
                                     H.D. 1




Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twentieth State Legislature
Regular Session of 1999
State of Hawaii

Sir:

     Your Committee on Labor and Public Employment, to which was
referred H.B. No. 1372 entitled: 

     "A BILL FOR AN ACT RELATING TO DISCRIMINATION IN
     EMPLOYMENT,"

begs leave to report as follows:

     The purpose of this bill is to:

     (1)  Prohibit discrimination in employment due to genetic
          testing information or an individual's refusal to take
          or submit to a genetic test; and

     (2)  Prohibit requiring genetic testing as a prerequisite
          for health, life, and long-term care insurance.

     ILWU Local 142 and the Hawaii Nurses' Association submitted
testimony in support of the measure.  The Department of Health,
the Hawaii Civil Rights Commission, and Hawaii Medical
Association submitted testimony in support of the intent of the
measure.

     Your Committee has amended this bill by making technical
amendments that:

     (1)  Delete sections of the bill that prohibit insurers from
          requiring individuals to undergo genetic testing or
          present the test results to the insurer to obtain
          health, life, and long-term insurance; and

 
 
                                 STAND. COM. REP. NO. 360
                                 Page 2

 
     (2)  Broaden the bill to provide that no insurer may issue
          policies or certificates of life, disability income, or
          long-term care insurance based on an individual's
          genetic information or the genetic test results unless:

          (a)  The information or test results establishing the
               risks to the insured are reviewed and approved by
               a genetics professional who is board certified by
               the American Board of Medical Genetics or the
               American Board of Genetic Counseling; and

          (b)  The terms and conditions of the policy or
               certificate are derived from the application of
               established underwriting standards to the risks
               established under the bill.

     As affirmed by the record of votes of the members of your
Committee on Labor and Public Employment that is attached to this
report, your Committee is in accord with the intent and purpose
of H.B. No. 1372, as amended herein, and recommends that it pass
Second Reading in the form attached hereto as H.B. No. 1372, H.D.
1, and be referred to the Committees on Consumer Protection and
Commerce and Judiciary and Hawaiian Affairs.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Labor and Public
                                   Employment,



                                   ______________________________
                                   TERRY NUI YOSHINAGA, Chair