Report Title:

Public Assistance; Drug Testing and EBT cards

Description:

Allows the State to administer drug tests to welfare recipients. Requires EBT cards to contain the user's picture so only authorized persons can use the card.

HOUSE OF REPRESENTATIVES

H.B. NO.

2923

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to public assistance.

 

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

SECTION 1. Chapter 346, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§346-     Drug testing. (a) The department is authorized to administer drug tests to individuals who receive public assistance. If the individual tests positive for the unauthorized use of a controlled substance, the department shall order the individual to submit to drug treatment programs and services provided by the department to the individual. In addition, the individual shall be allowed an opportunity to have another drug test administered, at the individual's own expense, by a private entity, approved by the department, if the individual disagrees with the results of the test administered by the department. If the second test also indicates a positive result for the unauthorized use of a controlled substance, the department shall order the individual to submit to drug treatment programs and services. If the individual refuses to submit to the treatment programs and services, the individual shall no longer be eligible to receive public assistance.

(b) The director shall adopt rules under chapter 91 to carry out the purposes of this section."

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

"§346-     Electronic benefits transfer card; photograph. All electronic benefits transfer cards issued in the state shall include a current photograph of the authorized user."

SECTION 3. Section 346-34, Hawaii Revised Statutes, is amended to read as follows:

"§346-34 Frauds, penalties. (a) Any recipient who buys or disposes of real property or any person who knowingly aids or abets a recipient in the purchase or sale of real property without the consent of the department of human services shall be guilty of a petty misdemeanor.

(b) If, at any time while the recipient of public assistance is receiving public assistance, the recipient's living requirements are reduced and the recipient wilfully fails to report the reduction within thirty days from the date of the reduction to the department, or the recipient acquires from any source real property, funds, income, or other resources and wilfully fails to report the amount acquired together with the source of the resources to the department within thirty days of receipt of the resources, or prior to spending or otherwise disposing of all or any portion of the resources, the recipient shall be guilty of a petty misdemeanor.

(c) No person shall knowingly obtain or attempt to obtain, or aid or abet another person in obtaining or attempting to obtain, any food commodity under a food distribution program or any food stamp or coupon under a food stamp plan or an electronic benefits transfer card or similar debit card type device, to which the person or the other person is not entitled to receive or use under any law, or under any rule adopted pursuant to section 346-14(11) or chapter 91.

(d) No person shall knowingly give, sell, trade, or otherwise dispose of to another person not entitled to receive or use the same pursuant to any law, or pursuant to any rule adopted pursuant to section 346-14(11) or chapter 91:

(1) Any food exceeding $300 in value received under a food distribution program or any food of any value received under a food distribution program if that food is sold or traded by the recipient;

(2) Any food stamp or coupon received under a food stamp plan;

(3) Any food commodity received wholly or partially in exchange for a food stamp or coupon received under a food stamp plan; or

(4) Any electronic benefits transfer card or similar debit card type device through which food stamp benefits may be obtained by the food stamp household.

(e) No person shall knowingly buy or give any other consideration in exchange for any food stamp or coupon issued under a food stamp plan or through any electronic benefits transfer card or similar debit card type device through which food stamp benefits may be obtained by the food stamp household except in compliance with any law or any rule adopted pursuant to section 346-14(11) or chapter 91.

(f) No person shall knowingly or negligently sell any food commodity under a food distribution program, a food stamp plan, or an electronic benefits transfer card or similar debit card type device, to which the other person is not entitled to receive or use under any law, or under any rule adopted pursuant to section 346-14(11) or chapter 91.

[(f)] (g) No person shall knowingly obtain or attempt to obtain emergency assistance under section 346-65 to which the person is not entitled. No person shall knowingly aid or abet another person in obtaining or attempting to obtain emergency assistance to which that other person is not entitled. No person shall expend emergency assistance granted to the person for other than the purpose approved by the department to eliminate or alleviate the emergency situation.

[(g)] (h) No person shall knowingly transfer assets from that person's name to another person's or entity's name for the purpose of qualifying for public assistance under this chapter or chapter 346D. It shall be prima facie evidence of such a transfer if there was a transfer of assets for less than fair market value of the assets within the federally required time period, or "lookback" period, from the date of the application for public assistance.

[(h)] (i) A person convicted under [subsections] subsection (c), (d), (e), [(f)] (g), or [(g)] (h) shall be guilty of a misdemeanor; provided that:

(1) A person convicted under subsection (d)(2) or (e) for an offense involving food stamps or coupons with a value [which] that exceeds $300 shall be guilty of a class C felony; and

(2) A person convicted under subsection (d)(2) or (e) for an offense involving food stamps, coupons, an electronic benefits transfer card, or a debit card shall be guilty of a class B felony if the benefit to which the person is not entitled exceeds $20,000.

Any portion of assistance obtained by any fraudulent device, and any assistance paid after receipt of resources [which] that have not been reported to the department as required in this section shall be recoverable by the State for the use of the department as a debt due the State, or, restitution of the amount may be ordered by the court following conviction.

(j) A person convicted under subsection (f) shall be guilty of a petty misdemeanor and may be imprisoned not more than thirty days for each offense; provided that no fine shall be imposed.

[(i)] (k) The term "recipient" includes any person to whom a grant of public assistance is made by direct payment, and any person for whose use and benefit a grant of public assistance is made by payment to a relative or other person. Prosecution under this section shall not be considered an exclusive remedy but shall be in addition to any other criminal, civil, or administrative remedy or sanction authorized by law.

(l) Subsections (c), (d), (e), and (f) shall not apply to any person who is participating in a controlled purchase as part of a law enforcement activity."

SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval; provided that section 2 of this Act shall take effect on January 1, 2005.

INTRODUCED BY:

_____________________________