REPORT TITLE:
Substance Abuse Testing


DESCRIPTION:
Requires state legislators to submit to random and post-election
substance abuse tests.  Makes refusal to submit to, or failure to
undergo, a substance abuse test; and refusal or failure to
provide written consent to publicly release the results of a
substance abuse test, a government record.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
HOUSE OF REPRESENTATIVES                H.B. NO.116        
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO SUBSTANCE ABUSE TESTING.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  The legislature finds that elected state
 
 2 officials--by virtue of the esteemed offices they hold--are role
 
 3 models for young, impressionable people, whether they like it or
 
 4 not.  In order to set a good example for children and young
 
 5 adults, the behavior of elected officials--both at home and in
 
 6 the workplace--must be beyond reproach.  Substance abuse testing
 
 7 of state legislators is warranted in this day and age as many
 
 8 young people are becoming increasingly disillusioned by the
 
 9 personal behavior of their elected officials and in need of a
 
10 symbolic gesture to restore their confidence in government.
 
11      SECTION 2.  Chapter 78, Hawaii Revised Statutes, is amended
 
12 by adding a new section to be appropriately designated and to
 
13 read as follows:
 
14      "78-     Substance abuse testing of state legislators.  (a)
 
15 Not more than thirty days after each general election, all newly
 
16 elected and incumbent senators and representatives shall present
 
17 themselves to the department of public safety for a substance
 
18 abuse test to be conducted in accordance with chapter 329B.
 
19      (b)  Not more than thirty days after being notified by the
 

 
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 1 department of public safety by certified mail, return receipt
 
 2 requested, selected senators and representatives shall present
 
 3 themselves to the department of public safety for a random
 
 4 substance abuse test to be conducted in accordance with chapter
 
 5 329B.  The department of public safety shall utilize simple
 
 6 random sampling to select the senators and representatives to be
 
 7 tested pursuant to this subsection.
 
 8      (c)  Refusal to submit to, or failure to undergo, a
 
 9 substance abuse test as required by this section shall be a
 
10 government record open to public disclosure.
 
11      (d)  Refusal or failure to provide written consent to
 
12 publicly release the results of a substance abuse test conducted
 
13 pursuant to this section shall be a government record open to
 
14 public disclosure."
 
15      SECTION 3.  There is appropriated out of the general
 
16 revenues of the State of Hawaii the sum of $        , or so much
 
17 thereof as may be necessary for fiscal year 1999-2000, and the
 
18 sum of $        , or so much thereof as may be necessary for
 
19 fiscal year 2000-2001, to carry out the purposes of this Act.
 
20 The sums appropriated shall be expended by the department of
 
21 public safety.
 
22      SECTION 4.  New statutory material is underscored.
 

 
 
 
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 1      SECTION 5.  This Act shall take effect on July 1, 1999.
 
 2 
 
 3                           INTRODUCED BY:_________________________