STAND. COM. REP. NO. 1006

Honolulu, Hawaii

RE:    S.B. No. 1636

       S.D. 2

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fourth State Legislature

Regular Session of 2007

State of Hawaii

Madam:

     Your Committee on Judiciary and Labor, to which was referred S.B. No. 1636, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO SUBSTANCE ABUSE,"

begs leave to report as follows:

     The purpose of this measure is to broaden the definition of "substance abuse on-site screening test" to include tests used for forensic testing as a workplace testing device and approved by the Director of Health.

     This bill also provides that if there is no United States Food and Drug Administration (FDA) package insert, the screening test may be conducted in accordance with the package insert that accompanies the substance abuse test that is manufactured in a facility licensed by the FDA.

     Your Committee received testimony in support of the bill from Ralph Inouye Co., Building Industry Association Hawaii, S & M Sakamoto, Inc., Kapolei Property Development LLC. Hawaii Carpenters Union. Local 745, and Hidano Construction, Inc.  The Department of Health opposed the bill.

     Your Committee took some of the recommendations of the Department of Health and amended the bill authorizing employers to drug test applicants and unions to drug test members and allowed for the manufacturers to apply to the Department of Health for interim approval while pursuing FDA approval.

     As affirmed by the record of votes of the members of your Committee on Judiciary and Labor that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1636, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 1636, S.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary and Labor,

____________________________

CLAYTON HEE, Chair