Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Sir:

Your Committees on Labor and Health and Human Services, to which was referred S.B. No. 2180 entitled:

beg leave to report as follows:

The purpose of this measure is to prohibit the use of, or the requirement for genetic testing by employers and insurers for health care, life insurance, and long-term care insurance.

Testimony in support of the measure was received from the ILWU Local 142, Common Cause Hawaii, and a private citizen. Testimony in support of the measure with amendments was received from the Department of Health, the Insurance Commissioner, and the Hawaii Civil Rights Commission. State Farm Insurance, the American Council of Life Insurers, and the National Association of Insurance and Financial Advisors opposed passage of the measure.

The Department of Health also testified that similar prohibitions already exist in articles of the Insurance Code governing accident and sickness insurance, mutual benefit societies, and health maintenance organizations.

Your Committees find that the measure would protect employees and potential insureds from discriminatory practices based solely on an employee or insured's refusal to submit to a genetic test or use of the employee or insured's genetic information.

Your Committees have amended the measure by:

As affirmed by the records of votes of the members of your Committees on Labor and Health and Human Services that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 2180, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 2180, S.D. 1, and be referred to the Committees on Commerce, Consumer Protection and Housing and Judiciary.