STAND

STAND. COM. REP. NO. 418-04

Honolulu, Hawaii

, 2004

RE: H.B. No. 2923

H.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Human Services and Housing, to which was referred H.B. No. 2923 entitled:

"A BILL FOR AN ACT RELATING TO PUBLIC ASSISTANCE,"

begs leave to report as follows:

The purpose of this bill is to:

(1) Authorize the Department of Human Services (DHS) to administer drug tests to individuals who receive public assistance;

(2) Require electronic benefits transfer (EBT) cards to include a current photograph of the authorized user;

(3) Prohibit the sale of any food commodity under a food distribution program, food stamp plan, or EBT card; and

(4) Provide immunity for persons engaging in certain illegal activities who are participants in a law enforcement related controlled purchase.

Several individuals testified in support of this measure. DHS supported the intent of this measure. The National Association of Social Workers, Drug Policy Action Group, and several concerned individuals opposed this measure. The American Civil Liberties Union of Hawaii provided comments.

Your Committee heard compelling testimony that individuals receiving public assistance have traded their EBT cards for drugs. The drug dealers are given the EBT cards and the corresponding personal identification number to purchase food or to obtain cash from an automated teller machine.

Your Committee also heard concerns about the constitutionality of requiring individuals on public assistance to submit to a drug test. Additionally, issuing EBT cards with pictures on them may not be feasible. While it is not the intent of your Committee to target individuals on public assistance, your Committee is very concerned of the impact of drugs in communities and particularly its impact on children.

Accordingly, your Committee has amended this bill by:

(1) Changing the effective date to July 1, 2020, to promote further discussion; and

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

As affirmed by the record of votes of the members of your Committee on Human Services and Housing that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2923, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2923, H.D. 1, and be referred to the Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Human Services and Housing,

		____________________________ MICHAEL PUAMAMO KAHIKINA, Chair