STAND. COM. REP. NO.2818
RE: S.B. No. 2180
Honorable Robert Bunda
President of the Senate
Twenty-First State Legislature
Regular Session of 2002
State of Hawaii
Your Committees on Commerce, Consumer Protection and Housing and Judiciary, to which was referred S.B. No. 2180, S.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO GENETIC INFORMATION AND GENETIC TESTING,"
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 Department of Health, Insurance Commissioner, Hawaii Civil Rights Commission (HCRC), League of Women Voters of Hawaii, ILWU Local 142, and two individuals. Testimony in opposition was received from the Christian Science Committee on Publications for Hawaii and State Farm Insurance Companies. Comments were submitted by the American Council of Life Insurance.
Your Committee finds that this 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 Committee has amended this measure on the recommendation of the HCRC to clarify the definition of "being regarded as having such an impairment" to include an
employer initiated genetic test without the knowledge of the individual.
As affirmed by the records of votes of the members of your Committees on Commerce, Consumer Protection and Housing and Judiciary that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 2180, S.D. 1, as amended herein, and recommend that it pass Third Reading in the form attached hereto as S.B. No. 2180, S.D. 2.
Respectfully submitted on behalf of the members of the Committees on Commerce, Consumer Protection and Housing and Judiciary,
BRIAN KANNO, Chair
RON MENOR, Chair