STAND. COM. REP. NO. 974

Honolulu, Hawaii

RE:    S.B. No. 470

       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. 470, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO EMPLOYMENT,"

begs leave to report as follows:

     The purpose of this measure is to provide for drug testing of public school employees, teachers, public library employees, and all elected officials of the State, counties, Board of Education, and Office of Hawaiian Affairs based on reasonable suspicion.

     Your Committee finds that drug abuse is pervasive within our community and affects many occupations.  Your Committee is very concerned about the welfare of our young people and the future of our State.  Your Committee finds that teachers are role models for their students and should provide an example to emulate.  Likewise, elected officials, because of their public profile and visibility should present a role model as leaders of the State.  They also make decisions that impact the State and every citizen in the future.

     Your Committee recognizes that many of the positions covered by this bill do not fall in the category of occupations that would allow for random drug testing by the State Constitution.  Thus, your Committee finds that a reasonable approach to drug testing is the reasonable suspicion standard where testing may occur where there exist facts to suspect one is under the influence of drugs.

     Your Committee received testimony from representatives of the Department of Education, Hawaii State Teachers Association, Hawaii Government Employees Association, and the Drug Policy Forum in opposition to the bill.  However, upon further questioning, the representative from the Department of Education concurred that the schools should be drug free and the basic objection was that the Department is currently negotiating reasonable suspicion drug testing.  In addition, all those in opposition concurred that there is a need for drug testing.  Your Committee finds that the children of this State need to be the focus for the necessity of this bill.

     Your Committee amended the bill by changing the effective date to July, 2059.  The bill was also amended to provide that this Act will take effect if the Hawaii State Teachers Association and the State do not reach an agreement on drug testing in their contract negotiations.

     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. 470, S.D. 2, and recommends that it pass Third Reading.

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

____________________________

CLAYTON HEE, Chair