STAND. COM. REP. NO. 879

Honolulu, Hawaii

RE:    S.B. No. 675

       S.D. 2

Honorable Donna Mercado Kim

President of the Senate

Twenty-Eighth State Legislature

Regular Session of 2015

State of Hawaii

Madam:

     Your Committee on Ways and Means, to which was referred S.B. No. 675, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO FIREFIGHTERS,"

begs leave to report as follows:

     The purpose and intent of this measure is to improve medical coverage for firefighters.

     More specifically, this measure:

     (1)  Provides firefighters with comprehensive medical coverage through workers compensation benefits by establishing a rebuttable presumption that a firefighter who suffers from cancer, a blood-borne infectious disease, or exposure to biochemical substances, contracted the condition in the course of employment; and

     (2)  Requires the State Fire Council to develop standards and procedures to ensure the health and safety of firefighters and first responders who may be exposed to hazardous materials or situations in the course of their duties.

     Your Committee received written comments in support of this measure from the Hawaii Fire Fighters Association and State of Hawaii Organization of Police Officers.  Your Committee received written comments in opposition to this measure from the Hawaii Insurers Council.  Your Committee received written comments on this measure from the Department of Human Resources Development, Department of Labor and Industrial Relations, State Fire Council, City and County of Honolulu, County of Hawaii Fire Department, Honolulu Fire Department, and Maui Fire Department.

     Your Committee finds that studies have been done showing firefighters face a significantly higher risk of being diagnosed with cancer than the general public.  Your Committee further finds that establishing a rebuttable presumption that a firefighter's cancer, blood-borne infectious disease, or exposure to biochemical substances was contracted in the course of employment will help ensure that firefighters receive proper care under the workers compensation system.

     Your Committee notes that the measure requires the Labor and Industrial Relations Appeals Board to find in accordance with this presumption, unless the presumption is rebutted by the evidence.  However, your Committee also notes that claims are first adjudicated by the Disability Compensation Division, rather than the Labor and Industrial Relations Appeals Board.

     Accordingly, your Committee has amended this measure by:

     (1)  Deleting the provision that incorrectly references the Labor and Industrial Relations Appeals Board;

     (2)  Changing the effective date to July 1, 2050, to facilitate further discussion on the measure; and

     (3)  Making technical nonsubstantive amendments for the purposes of consistency and clarity.

     As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 675, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 675, S.D. 2.

Respectfully submitted on behalf of the members of the Committee on Ways and Means,

________________________________

JILL N. TOKUDA, Chair