Legislation calls for drug testing of welfare recipients

By Gordon Y.K. Pang
Advertiser Capitol Bureau

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.

Reach Gordon Y.K. Pang at gpang@honoluluadvertiser.com or 525-8070.