LEGISLATION CALLS FOR DRUG TESTING OF WELFARE RECIPIENTS

A bill giving a state agency the authority to administer drug tests
for those receiving public assistance moved out of the House Committee
on Human Services and Housing yesterday following compelling testimony
both in support and opposition.

Under House Bill 2923, the Department of Human Services would test
individuals who receive benefits. Those testing positive for
unauthorized use of a controlled substance would be ordered to submit
to drug treatment programs.

The bill also would require photos of recipients to appear on
electronic benefits transfer cards that are issued.

The measure now goes to the Judiciary Committee.

Social service advocates assailed the bill as punitive, discriminatory
and likely unconstitutional.

Nanette Miles, a public assistance recipient and a student, said the
bill falsely assumes that those who participate in assistance programs
are drug users. "As a single parent and full-time student, I have a
difficult time understanding how this relationship can be forged,"
Miles said.

She said she is too exhausted from "going to school, working, taking
care of my children, not to mention homework, housework, cooking and
cleaning" to have the time or energy, much less the financial
resources, to do drugs.

Roger Fonseca, an attorney representing the American Civil Liberties
Union, said the U. S. Supreme Court has only allowed drug testing for
those occupying sensitive occupations that could jeopardize human
life, such as airline pilots and train conductors.

But Andy Jamila, a member of the Waimanalo Neighborhood Board, and
Rocky Like of the New Hope Windward Christian Fellowship Group said
they urged Rep. Tommy Waters, D-51st (Waimanalo, Lanikai) to introduce
the bill because of the growing drug epidemic on their side of the
island.

Jamila said he knows of many instances in his neighborhood of people
who have sold their electronic benefit transfer, or EBT, cards to
dealers at a discount in order to feed their drug habits. He said he
knows one drug dealer who boasted of having "a freezer full of steaks."

"I don't mean to stereotype anybody," Jamila said. "I just wanted to
help the children."

"We all know we have an epidemic here, we have a problem here with
ice," Like said.

DHS Deputy Director Henry Oliva also testified, raising questions
about the cost of both the drug testing and the expense of requiring
photographs on the EBT cards.

Rep. Maile Shimabukuro, D-45th (Wai'anae, Makaha), vice chairwoman of
the Human Services Committee, said the committee may look at means of
addressing the constitutional questions that were raised about the
bill.