SB470 SD1

Section 1. The purpose of this Act is to effectuate the title of this Act.

SECTION 2. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§302A‑ Employees of the department and teacher trainees in any public school; reasonable suspicion testing; employee assistance. (a) The department, including the Hawaii state public library system, shall develop procedures for reasonable suspicion testing to obtain verifiable information regarding use of controlled substances under chapter 329, by persons who are employed in any position, including teacher trainees, that places them in close proximity to children. These procedures shall comply with chapter 329B.

Information obtained pursuant to this subsection shall be used exclusively by the employer for the purpose of determining whether a person is suitable for working in close proximity to children.

An employee who refuses to submit to drug testing under this subsection shall be placed on mandatory administrative leave of days.

(b) If the test results under subsection (a) are positive, the employer may impose the following sanctions:

(1) Refuse to issue a teaching or other educational certificate;

(2) Revoke the teaching or other educational certificate;

(3) Refuse to allow or continue to allow participation in teacher training;

(4) Terminate the employment of any employee or deny employment to an applicant; or

(5) Impose other administrative sanctions, including but not limited to, administrative leave,

if the employer finds by reason of the nature and circumstances of the use of controlled substances that the person poses a risk to the health, safety, or well‑being of children, or otherwise negatively influences children by setting a detrimental example. Sanctions under this subsection may occur only after appropriate investigation and notification to the employee of the results and planned action, and after the employee is given an opportunity to meet and rebut the finding. Nothing in this subsection shall abrogate any applicable appeal rights under chapter 76 or 89, or administrative rule of the department.

(c) In addition to the sanctions under subsection (b), the department, by adoption of rules pursuant to chapter 91, shall provide for substance abuse assessment, treatment, and counseling, and referral to the employee assistance program under subsection (e) if suitable, if the department determines to retain the employee; provided that evidence of clinical discharge from substance abuse treatment or substance abuse counseling shall be a prerequisite to continued employment.

(d) Notwithstanding any other law to the contrary, for purposes of this section, the department need not conduct investigations, notifications, or hearings under this section in accordance with chapter 91.

(e) This section shall not apply to volunteers or other non‑remunerated personnel providing support services at individual schools or any employee subject to a substance abuse testing policy under a valid collective bargaining agreement."

SECTION 3. Chapter 78, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§78- Elected officials; drug testing; disqualification and forfeiture of office. (a) All elected officials shall submit to testing for illegal drugs after certification of their election and prior to taking the oath of office. Thereafter, elected officials shall submit to testing for illegal drugs if there is a reasonable suspicion that the official is using drugs. Testing shall be conducted in compliance with chapter 329B. Testing shall be funded from the budget of the branch of government to which the official has been elected. Test results shall be provided to the personnel officer of the branch of government to which the official has been elected or in which the official holds office and the personnel officer shall take action, as appropriate, to effectuate the purposes of this section.

(b) Any elected official who tests positive for illegal drugs shall immediately be disqualified from taking office and forfeit any office held.

"Elected official" means the governor, lieutenant governor, members of the senate and the house of representatives, county mayors, elected county prosecutors, members of the county councils, members of the board of education and of the board of trustees of the office of Hawaiian affairs, and any person certified pursuant to section 11-155 to have won election to one of these offices but who has not yet taken the oath of office.

"Illegal drug" means any controlled substance, as defined in chapter 329, for which the person does not possess a valid prescription."

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

SECTION 5. If any provision of this Act, or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the Act, which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

SECTION 6. New statutory material is underscored.

SECTION 7. This Act shall take effect upon its approval; provided that section 4 shall take effect on July 1, 2007.

THE SENATE	S.B. NO.	470
TWENTY-FOURTH LEGISLATURE, 2007		S.D. 1
STATE OF HAWAII