REPORT TITLE:
Substance Abuse Testing


DESCRIPTION:
Requires state employees and officers to submit to random and
post-employment/election/appointment substance abuse tests.
Makes refusal to submit to a substance abuse test; and refusal to
provide written consent to publicly release the results of a
substance abuse test, a government record.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                            817         
HOUSE OF REPRESENTATIVES                H.B. NO.           
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 state employees and
 
 2 officers--by virtue of the authoritative offices they hold--are
 
 3 role models for young, impressionable people, whether they like
 
 4 it or not.  In order to set a good example for children and young
 
 5 adults, the behavior of state employees and officers--both at
 
 6 home and in the workplace--must be beyond reproach.  Substance
 
 7 abuse testing of state employees and officers is warranted in
 
 8 this day and age as many young people are becoming increasingly
 
 9 disillusioned by the personal behavior of government officials
 
10 and in need of a symbolic gesture to restore their confidence in
 
11 government.
 
12      SECTION 2.  Chapter 78, Hawaii Revised Statutes, is amended
 
13 by adding a new section to be appropriately designated and to
 
14 read as follows:
 
15      "78-     Substance abuse testing of state employees and
 
16 officers.  (a)  Not more than thirty days after becoming a member
 
17 of the employees retirement system or the Hawaii public employees
 
18 health fund, all state employees and officers shall present
 
19 themselves to the department of public safety for a substance
 

 
Page 2                                         817         
                                     H.B. NO.           
                                                        
                                                        


 1 abuse test to be conducted in accordance with chapter 329B.
 
 2      (b)  Not more than thirty days after being notified by the
 
 3 department of public safety by certified mail, return receipt
 
 4 requested, selected state employees and officers shall present
 
 5 themselves to the department of public safety for a random
 
 6 substance abuse test to be conducted in accordance with chapter
 
 7 329B.  The department of public safety shall utilize simple
 
 8 random sampling to select the state employees and officers to be
 
 9 tested pursuant to this subsection.
 
10      (c)  Refusal to submit to, or failure to undergo, a
 
11 substance abuse test as required by this section shall be a
 
12 government record open to public disclosure.
 
13      (d)  Refusal or failure to provide written consent to
 
14 publicly release the results of a substance abuse test conducted
 
15 pursuant to this section shall be a government record open to
 
16 public disclosure."
 
17      SECTION 3.  There is appropriated out of the general
 
18 revenues of the State of Hawaii the sum of $        , or so much
 
19 thereof as may be necessary for fiscal year 1999-2000, and the
 
20 sum of $        , or so much thereof as may be necessary for
 
21 fiscal year 2000-2001, to carry out the purposes of this Act.
 
22 The sums appropriated shall be expended by the department of
 
23 public safety.
 

 
Page 3                                         817         
                                     H.B. NO.           
                                                        
                                                        


 1      SECTION 4.  New statutory material is underscored.
 
 2      SECTION 5.  This Act shall take effect on July 1, 1999.
 
 3 
 
 4                           INTRODUCED BY:_________________________