Honolulu, Hawaii
                                                   , 1999

                                 RE: S.B. No. 635
                                     S.D. 1
                                     H.D. 2

Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twentieth State Legislature
Regular Session of 1999
State of Hawaii


     Your Committee on Judiciary and Hawaiian Affairs, to which
was referred S.B. No. 635, S.D. 1, H.D. 1, entitled: 


begs leave to report as follows:

     The purpose of this bill is to establish procedures for
substance abuse on-site screening tests.

     Testimony in support of this bill was received from the
Department of Health.  Testimony in opposition to this bill was
received from the American Civil Liberties Union of Hawaii and
Unity House Inc.  Additional testimony was received from Hoffman
La Roche Pharmaceuticals.

     Your Committee believes illegal drug use must be deterred.
Although criminal sanctions to prevent illegal drug use are
currently in place, other economic sanctions are needed to curb
this broad-based social problem.

     Your Committee believes that employment is a privilege, not
a right and that prospective employees should not abuse that
privilege by using illegal drugs which may impair their work
performance or, in some cases, create a public safety risk.  This
measure will allow for greater use of on-site pre-employment drug
testing while still protecting the privacy and due process rights
of the prospective employee.

                                 STAND. COM. REP. NO. 1760
                                 Page 2

     Your Committee has amended this bill by:

     (1)  Deleting the requirement that the director create and
          maintain a list of approved, substance abuse on-site
          screening tests for use by employers;

     (2)  Removing language that specifies the procedures for
          collection of the sample; 

     (3)  Adding language to clarify that employers using a
          substance abuse on site screening test for pre-
          employment screening must adhere to rules adopted under
          section 329B-8, Hawaii Revised Statutes, as it pertains
          to the collection, shipping, and the chain of custody
          of the sample and the confidentiality of the results;

     (4)  Making technical, nonsubstantive amendments for
          purposes of style and clarity.

     As affirmed by the record of votes of the members of your
Committee on Judiciary and Hawaiian Affairs that is attached to
this report, your Committee is in accord with the intent and
purpose of S.B. No. 635, S.D. 1, H.D. 1, as amended herein, and
recommends that it pass Third Reading in the form attached hereto
as S.B. No. 635, S.D. 1, H.D. 2.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Judiciary &
                                   Hawaiian Affairs,

                                   PAUL T. OSHIRO, Chair