HB126.DOC

SECTION 1. The legislature finds that it may be beneficial to require some recipients of public assistance to submit to drug testing in order to qualify for or to maintain eligibility for benefits. At least fourteen states have already passed legislation requiring drug testing or screening for public assistance applicants or recipients: Alabama, Arkansas, Arizona, Georgia, Kansas, Michigan, Mississippi, Missouri, North Carolina, Oklahoma, Tennessee, Utah, West Virginia, and Wisconsin. It would be in Hawaii's best interest to pass similar legislation that would help ensure that only those who do not use illegal drugs or those willing to seek treatment are participating in public assistance programs, and that scarce public resources are going to the provision of necessities such as food, utilities, and housing instead of enabling addiction.

The purpose of this Act is to require certain applicants for temporary assistance for needy families benefits to undergo drug testing to be eligible for those benefits.

SECTION 2. Chapter 346, Hawaii Revised Statutes, is amended by adding a new section to part II to be appropriately designated and to read as follows:

"§346- Applicants for temporary assistance for needy families; drug testing. (a) An applicant for temporary assistance for needy families benefits administered by the department may be subject to drug testing as a condition of eligibility for benefits; provided that:

(1) The applicant has previously been convicted of an offense under chapter 329, chapter 329C, or part IV of chapter 712; or

(2) The department has a reasonable suspicion that the applicant has made unlawful use of a controlled substance. For the purposes of this paragraph, "reasonable suspicion" means articulable facts, together with rational inferences from those facts, warranting an objective suspicion that the applicant is unlawfully using or has unlawfully used a controlled substance; provided that reasonable suspicion shall not be based on any of the following factors:

(A) Race;

(B) National origin;

(D) Socioeconomic status;

(E) Suspicion or evidence of drug or alcohol use among the applicant's family members or peer group;

(F) Sexual orientation;

(G) Disability or medical condition; or

(H) Religion.

The cost of drug testing shall be the responsibility of the individual tested.

(b) An individual who tests positive for controlled substances as a result of a drug test pursuant to subsection (a) shall be ineligible to receive temporary assistance for needy families benefits for one year after the date of the positive drug test unless the individual meets the requirements of subsection (d).

(1) Provide notice of drug testing to the individual with the application for temporary assistance for needy families. The notice shall advise the individual that drug testing shall be conducted as a condition for receiving temporary assistance for needy families benefits and that the individual shall bear the cost of testing. If the individual tests negative for controlled substances, the department shall increase the amount of the initial temporary assistance for needy families benefit by the amount paid by the individual for the drug testing. The individual shall be advised that the required drug testing may be avoided if the individual does not apply for temporary assistance for needy families benefits. Dependent children under the age of eighteen years shall be exempt from the drug-testing requirement;

(2) Require that, if the applicant is a minor who is a parent and does not reside with a parent, legal guardian, or other adult caretaker, the applicant shall comply with the drug-testing requirement;

(3) Advise the individual to be tested, before the test is conducted, that the individual may, but is not required to, advise the agent administering the test of any prescription or over-the-counter medication that the individual is taking;

(4) Require the individual to be tested to sign a written acknowledgment that the individual has received and understood the notice and advice provided under paragraphs (1) and (3);

(5) Provide the individual being tested a reasonable degree of privacy while producing and submitting a sample for drug testing;

(6) Specify circumstances under which an individual who fails a drug test has the right to take one or more additional tests; and

(7) Inform an individual who tests positive for a controlled substance and is deemed ineligible for temporary assistance for needy families benefits that the individual may reapply for those benefits one year after the date of the positive drug test unless the individual would like to reapply sooner and meets the requirements of subsection (d). If the individual tests positive again, the individual shall be ineligible to receive temporary assistance for needy families benefits for three years after the date of the second positive drug test unless the individual meets the requirements of subsection (d).

(d) An individual who tests positive under this section and is denied temporary assistance for needy families benefits may reapply for those benefits after six months; provided the individual can document the successful completion of a substance abuse treatment program. An individual who has met the requirements of this subsection and reapplies for temporary assistance for needy families benefits shall also pass an initial drug test and meet the requirements of subsection (a). Any drug test conducted while the individual is undergoing substance abuse treatment shall meet the requirements of subsection (a). The cost of any drug testing and substance abuse treatment shall be the responsibility of the individual being tested and receiving treatment. An individual who fails the drug test required under subsection (a) may reapply for benefits under this subsection only once.

(e) If a parent is deemed ineligible for temporary assistance for needy families benefits as a result of failing a drug test conducted under this section:

(1) The dependent child's eligibility for temporary assistance for needy families benefits shall not be affected;

(2) An appropriate protective payee shall be designated to receive benefits on behalf of the child; and

(3) The parent may choose to designate another individual to receive benefits for the parent's minor child. The designated individual shall be an immediate family member or, if an immediate family member is not available or the family member declines the option, another individual, approved by the department, may be designated. The designated individual shall also undergo drug testing before being approved to receive benefits on behalf of the child. If the designated individual tests positive for a controlled substance, the designated individual shall be ineligible to receive benefits on behalf of the child.

(f) An individual who tests positive for marijuana use shall not be considered ineligible for temporary assistance for needy families benefits under this section; provided that the individual is registered as a qualifying patient with the department of health pursuant to section 329-123.

(g) For the purposes of this section, "substance abuse treatment" means drug or substance abuse treatment services provided outside a correctional facility by a public, private, or nonprofit entity that specializes in treating persons who are diagnosed with substance abuse or dependency and preferably employs licensed professionals or certified substance abuse counselors.

(h) The department shall adopt rules under chapter 91 to implement this section."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:

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HOUSE OF REPRESENTATIVES	H.B. NO.	126
TWENTY-NINTH LEGISLATURE, 2017
STATE OF HAWAII